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09/16/2014 Agenda - Regular Meeting
Tuesday, September 16, 2014 6:30 p.m. - Regular Meeting The Government Center South Coast Air Quality Management District/ Main Auditorium 21865 Copley Drive, Diamond Bar, CA 91765 Carol Herrera Mayor Steve Tye Mayor Pro Tem Ling -Ling Chang Nancy A. Lyons Jack Tanaka Council Member Council Member Council Member City Manager James DeStefano • City Attorney David DeBerry • City Clerk Tommye Cribbins Copies of staff reports or other written documentation relating to agenda items are on file in the Office of the City Clerk, and are available for public inspection. Ifyou have questions regarding an agenda item, please contact the City Clerk at (909) 839-7010 during regular business hours. In an effort to comply with the requirements of Title II of the Americans with Disabilities Act of 1990, the City of Diamond Bar requires that any person in need of any type of special equipment, assistance or accommodation(s) in orderto communicate at a City public meeting, must inform the City Clerk a minimum of 72 hours priorto the scheduled meeting. Have online access? City Council Agendas are now available on the City of Diamond Bars web site at www.CitycfDiamoncIBar.com Please refrain from smoking, eating or drinking in the Council Chambers. The City of Diamond Bar uses recycledpaper and encourages you to do the some. CITY OF DIAMOND BAR CITY COUNCIL AGENDA September 16, 2014 CALL TO ORDER: PLEDGE OF ALLEGIANCE INVOCATION: Next Resolution No. 2014-39 Next Ordinance No. 07(2014) 6:30 p.m. Mayor Sr. Pastor Tony Wong, Gateway Friends Church ROLL CALL: Council Members Chang, Lyons, Tanaka, Mayor Pro Tem Tye, Mayor Herrera APPROVAL OF AGENDA: Mayor SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS — None. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: 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 Written materials distributed to the City Council within 72 hours of the City Council meeting are available for public inspection immediately upon distribution in the City Clerk's Office at 21810 Copley Dr., Diamond Bar, California, during normal business hours. September 16, 2014 PAGE 2 4. RESPONSE TO PUBLIC COMMENT: 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 Planning Commission Meeting — September 23, 2014 — 7:00 p.m., Windmill Community Room, 21810 Copley Drive. 5.2 Parks and Recreation Commission Meeting — September 25, 2014 — 7:00 p.m., Windmill Community Room, 21810 Copley Drive, 5.3 City Council Meeting — October 7, 2014 — 6:30 p.m., AQMD/Government Center Auditorium, 21865 Copley Drive. 6. CONSENT CALENDAR: 6.1 City Council Minutes: (a) Study Session Minutes of August 19, 2014. (b) Regular Meeting of August 19, 2014. Recommended Action: Approve as submitted. Requested by: City Clerk 6.2 Parks and Recreation Commission Minutes — Regular Meeting of July 24, 2014. Recommended Action: Receive and File. Requested by: Community Services Department 6.3 Planning Commission Minutes — Regular Meeting Minutes for July 22, 2014. Recommended Action: Receive and File. Requested by: Community Development Department 6.4 Ratification of Check Register — Dated August 28, 2014 through September 10, 2014 totaling $694,926.20. Recommended Action: Ratify. Requested by: Finance Department September 16, 2014 PAGE 3 6.5 Treasurer's Statement— Month of July, 2014. Recommended Action. Approve. Requested by: Finance Department 6.6 Award of Contract to Tamang Electric, Inc. for Construction of the Generator Enclosure Project at City Hall (21810 Copley Drive) in the Amount of $83,880 Plus a Contingency Amount of $4,194 (5%) for a Total Authorization of $88,074. Recommended Action: Award. Requested by: Community Services Department 6.7 Approve Amendment #1 to the Consulting Services Agreement with The ComDyn Group, Inc. Dated July 1, 2012, for As -Needed Information Technology Services from Amount Not -to -Exceed $110,000 to Amount Not -to -Exceed $130,920.23, for the Period of July 1, 2012 through June 30, 2015. Recommended Action: Approve. Requested by: Information Systems Department 6.8 Award of Contract to ICG, Inc. in the Amount Not -to -Exceed $60,000 for the Conceptual Design for the Rehabilitation of Heritage Park and Community Center; Plus Appropriation of $10,000 of Park Development Funds to Fully Fund the Conceptual Design of this Project. Recommended Action: Award. Requested by: Community Services Department 6.9 Fiscal Year 2014-15 Appropriation Adjustments for Carry Forward Expenditures, Special Revenue Funds Carryovers, Capital Project Carryovers and Fiscal Year 2013-14 Final Adjustments. Recommended Action: Approve. Requested by: Finance Department September 16, 2014 PAGE 4 6.10 Award of Contract to Elite Officials to Officiate the City of Diamond Bar Youth and Adult Basketball Programs for the Period of September 16, 2014 through June 30, 2015 in the Amount Not -to - Exceed $35,000. Recommended Action: Approve. Requested by: Community Services Department 6.11 Approve Notice of Completion for the Castle Rock Road and Crooked Creek Drive Neighborhood Traffic Management Program Project. Recommended Action: Approve. Requested by: Public Works Department 6.12 (a) Approve Amendment No. 1 to the Right -Of -Way Cooperative Agreement with the City Of Industry and the State Of California through the Department of Transportation (Caltrans) for the Construction of a New Freeway Interchange at Lemon Avenue on State Route 60. Recommended Action: Approve. (b) Approve Advertise, Award & Administer (AAA) Cooperative Agreement with the Successor Agency to the Industry Urban - Development Agency and the State of California through the Department of Transportation (Caltrans) for the Construction of a New Freeway Interchange at Lemon Avenue on State Route 60. Recommended Action: Approve. Requested by: Public Works Department 6.13 Adopt Resolution No. 2014 -XX Approving Final Tract Map No. 72295, for the Subdivision of a 30 Acre Site into 182 Residential Units, Located at the Southeast Corner of Diamond Bar Blvd. and Brea Canyon Road (Known as the Willow Heights Residential Development), in the City Of Diamond Bar. Recommended Action: Adopt. Requested by: Public Works Department 7. PUBLIC HEARINGS: None. 8. COUNCIL CONSIDERATION: September 16, 2014 PAGE 5 9. COUNCIL SUB -COMMITTEE REPORTS AND MEETING ATTENDANCE REPORTS/COUNCIL MEMBER COMMENTS: 10. ADJOURNMENT: Agenda No. 6.1(a) CITY OF DIAMOND BAR CITY COUNCIL STUDY SESSION BMFV AUGUST 19, 2014 STUDY SESSION: M/Herrera called the Study Session to order at 5:30 p.m. in Room CC -8, South Coast Air Quality Management District, 21865 Copley Drive, Diamond Bar. CA 91765 Present: Council Members Ling -Ling Chang, Nancy Lyons, Jack Tanaka, Mayor Pro Tem Steve Tye, and Mayor Carol Herrera. Staff Present: James DeStefano, City Manager; Ryan McLean, Deputy City Manager; David DeBerry, City Attorney; Dianna Honeywell, Finance Director; David Liu, Public Works Director; Greg Gubman, Community Development Director; Bob Rose, Community Services Director; Kimberly Young, Senior Civil Engineer; Ken Desforges, IS Director; Anthony Santos, Senior Management Analyst; Amy Haug, Human Resources Manager; Marsha Roa, Public Information Manager; Cecilia Arellano, Public Information Coordinator; and, Tommye Cribbins, City Clerk. Also Present: John Hunter and Cameron McCullough with John Hunter Associates, Consultants. ► MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) PERMIT AND WATERSHED MANAGEMENT PROGRAM (WMP) UPDATE — Discussion and Action. DCM/DeStefano turned the matter over to PWD/Liu and the City's Consultants for tonight's presentation. PWD/Liu stated that the purpose of tonight's presentation was to provide an update on the Storm Water System Permit (MS4) and overview of the Watershed Management Program (WMP) required by the new permits, implementation of the monitoring program and the treatment projects as well as, the anticipated costs as they impact the City of Diamond Bar. Because of these requirements, the financial issue is coming to the forefront. From this point, any decision- making or discussion of how the program will move forward will come back to the Council for decision with recommendations from staff and the consultants. If the City fails to comply with the requirements, the Regional Board will embark upon an enforcement program. For example, San Diego was recently assessed a $950,000 fine for non-compliance of past and current permit requirements which Mr. Hunter will discuss. PWD/Liu then introduced John Hunter and Cameron McCullough of John Hunter Associates who continued with the presentation. Mr. Hunter explained that San Diego was fined $950,000 because they were not properly implementing the permit requirements. When private developments come into the city, staff would require that the development build certain types of treatment facilities. There were about 150 such cases that stretched back over two permit terms. Everyone in the business has been under the assumption that AUGUST 19, 2014 PAGE 2 CC STUDY SESSION the Board would not go back to a previous permit; however, in this case it happened. Even though the city's planning department had approved plans that told the private builder precisely how to build it, someone in the chain of overseers, whether it was the building inspector or storm water inspectors, did not discover that the facilities were not being built correctly. The San Diego Regional Water Quality Control Board inspected the sites and found that all of the 150 were not properly implemented, which resulted in the $950,000 fine for which the city was liable. PWD/Liu said that there are also a number of environmental (watchdog) groups closely monitoring these activities and how requirements are being implemented. MPT/Tye asked if the Board used the $950,000 to remediate the 150 problems. Mr. McCullough responded that he believed a portion of the money went to improving the program. Typically, the Board requires cities to pay half to the Board and make sure cities allocate the other half back to fixing the problems. Mr. Hunter stated that the Water Management Plan (WMP) was submitted to the Regional Board the end of June 2014. The public comment period ended yesterday. Within 45-60 days from now the Regional Board will post their findings on Diamond Bar's plan. After discussing the monitoring program in March or April 2015 they will come out with comments on the WSMP itself (projects). As a cost-saving measure, the cities of the Gateway COG, of which Diamond Bar is not a part, got together and said that if all cities work cooperatively on this project everyone can save money. Except for the Upper Reach 2 LA River area, the Lower SG River, Lower LA River, Coyote Creek and Los Cerritos Channel, all joined together into essentially one group and because of that they were able to save $100,000 per watershed. Diamond Bar actually sits in two regions: San Jose Creek which goes into the upper portions of the San Gabriel River and discharges into Coyote Creek and ultimately flows into the lower San Gabriel River. What that means for Diamond Bar is that it has two sets of responsibilities — technically, Diamond Bar has three because the City has a small portion of land on the eastern side that actually flows into Chino Creek, which is a different permit and different water board in a different ccunty. Pomona and Claremont were actually required by the MS4 permit to join the watershed effort in Chino Creek — Diamond Bar was not. Because all areas of the City have to be covered by the watershed plan, Diamond Bar's plan says that it will be covered for anything that occurs in the San Jose Creek drainage area and the Coyote Creek/Brea Canyon area. The hope is that the Regional Board will approve that plan rather than requiring the City to produce an entirely new plan. He provided the Council with a copy of the Watershed Management Plan. AUGUST 19, 2014 PAGE 3 CC STUDY SESSION MPT/Tye asked if the California Regional Water Quality Control Board was issuing these permits Mr. Hunter responded affirmatively. MPT/Tye asked if that Board decided Orange County would have a different permit from LA County and San Bernardino County and why the Water Board decided that it did not make sense for cities in contiguous areas to have the same permit. Mr. McCullough responded that they are a county PA that answers to the State Water Resources Control Board out of Sacramento which divided the regional efforts into nine regions so it happened that they have a LA Conservative Region, a North Orange County north of EI Toro Road and San Bernardino/Riverside Board, and a San Diego Board. Boundaries that were set some time ago are still in place and the regional boards each do their own thing without much communication about making the permits standard. Mr. Hunter explained that half of some cities were under one board and the other half under a different board, both with different requirements. Mr. McCullough said that the permits have diverged substantially where it is kind of a mess. There should be relatively similar regulations and there is now a push from Sacramento to correct this mistake. Sacramento has implemented a Storm Water Initiative in an attempt to work with these issues for consistency. Mr. Hunter said he believes this is a step in the right direction because previously, every city was on its own and this is the first time Sacramento has said 'come up with a watershed plan". So there is an initiative toward working together for a watershed. C/Lyons asked where Coyote Creek is located. Mr. Hunter responded that Brea Creek turns into Coyote Creek and is in the middle of Site D development along Castle Rock Road. PWD/Liu explained where each creek is located. Mr. Hunter pointed out what is called the Coyote Creek drainage area that begins in Long Beach/Hawaiian Gardens makes its way through Lakewood, Cerritos, and La Mirada and turns into Brea Creek and goes up into Diamond Bar. Located south of the demarcation is Coyote Creek and north is San Jose Creek along with a very small portion of Chino Creek. PWD/Liu said that basically, it is the Tres Hermanos area surrounding Diamond Bar High School. AUGUST 19, 2014 PAGE 4 CC STUDY SESSION There are about 15 cities working together on this particular plan. The MS4 Permit that was issued in 2012 basically gave cities two options. Diamond Bar did not have to have a watershed plan and did not have to spend any money developing the plan. The City could take its chances but if the Numeric Effluent Limits (somebody holding a bottle at the end of the storm drain pipe as the water comes out into Brea Canyon and takes that sample to a lab to test for 140 chemicals) were exceeded with any one of the 140 chemicals, it would immediately put the City in violation of the Clean Water Act and subject it to a $10,000 per day fine. MPT/Tye asked how a city could trace where effluents came from and how a city could begin to correct the issue. Mr. Hunter responded that violations of the Clean Water Act are subject to citizen suit and if the Regional Board does not fine the City any citizen group can. If excessive effluents were detected coming out of Diamond Bar's pipe Diamond Bar would have to determine who or what caused the issue and face the $10,000 per day fine from the day the excess was discovered. In order to find the origination the City would have to trace it upstream which would be very difficult if not impossible. M/Herrera asked how a City could detect which resident dumped something inappropriate down the storm drain. Mr. Hunter said it would be difficult and very unlikely so it would probably be cheaper for the City to pay a fine that could amount to $60,000 rather than to spend $100,000 to find the source of the problem. MPT/Tye said he thought Mr. Hunter talked about a $10,000 fine. Mr. Hunter explained that the fine is $10,000 per day and the Board tends to "save up" the fines and come back later to impose the fine which would make the City responsible for paying $10,000 per day from the date the problem was discovered even though the City was unaware of the problem until the day the fine was imposed. Sometimes the Board will impose a very high dollar fine and tell the cities that if they pay a portion of that fine the Board will consider it paid. While it may seem like a shakedown, it is very effective. M/Herrera said the City would have no option because it would be fighting the State of California. Mr. Hunter said that M/Herrera was correct which is why he invested a lot of time and effort in making sure his firm put together a very good plan. When these issues go before the Court and the environmental groups say they want to impose a $12 million or $100 million fine, Diamond Bar can say to the Court that it has a plan that has been accepted by the State. In these instances, judges will most often give the City a break. AUGUST 19, 2014 PAGE 5 CC STUDY SESSION Mr. McCullough stated that a distinction to make in this instance is that if it is not raining the City could find an individual upstream and pinpoint the source but if it is during a rain event it could be runoff from all of the streets and parks that causes the excessive limit. One of the problems is that the City is concrete and if the chemicals are corning from cars driving on the streets it will be impossible to pinpoint the problem. Mr. Hunter said that option 2 would be that the City develops this plan that sets forth a time period for compliance. Several cities administratively challenged this permit and that case will be heard in the next couple of months. Baring an appeal, the other option is to prepare this report and then the Numeric Effluent Limits would be phased -in which buys the City time to come into compliance. Every city in Los Angeles chose this option except for one city which does not own a road or storm drain (Rolling Hills which is a private HOA). Mr. Hunter said that cities had a chance to develop an enhance EWMP which would have given the City another year to prepare this report; however, everyone said "No" just do the WMP. Mr. Hunter said he is always asked "now that we know we have to follow this plan, what does implementation look like" so he gathered slides from around the county to show what in place physical projects look like. He wanted these slides to emphasis non-physical watershed controls. Projects are expensive so if the amount of zinc, copper, etc. going down the drain can be reduced (soft BMP's) it is preferable. The City should attempt to reduce sediment and runoff by making sure building inspectors go to areas that are under construction to make sure the development is using sandbags; if there are any lots that are prone to erosion the landowner should be informed that although they have not yet applied for permits, they are causing sediment to run off during rains so tell them to put sandbags or 10 foot wide vegetative strip or something to prevent sediment runoff. The problem is zinc which is a naturally occurring metal that is in sand and dirt and if there is a hillside that is eroding zinc is automatically moving down into the river and the City should strive to keep the sediment out of the street. The City should provide public outreach to residents and businesses to not put pollutants out in the street. The City should sweep its streets and make sure street sweepers travel no faster than 5 mph. The City needs to clean its catch basins and inspect industrial and commercial facilities. All of these non-structural watershed control measures come at a cost but are far cheaper than building a project. PWD/Liu told the Council that the City has been doing most of these measures since 1991. Mr. Hunter said that if possible the City should provide measures similar to what was done in the Dominguez Gap where a huge ditch was created that allows for 2500 acres of soil to remove the sediment. He does not believe there is any place in Diamond Bar where this can be done, but if the opportunity presents itself it can be done on a smaller scale which is by far the cheapest way to stay AUGUST 19, 2014 PAGE 6 CC STUDY SESSION within the effluent limits with large treatment systems centrally located. If this cannot be done, there can be large regional projects similar to the project in Southgate. The regional shopping mall has infiltration systems scattered throughout the area so that all of the runoff from the shopping center goes through the filtration system. Diamond Bar has infiltration problems because the soil is not amenable to filtration but bio -filtration can be used to put the runoff through an engineered mix of soil so that the water comes out the bottom cleaned by the soil and plant material. This method is a little more expensive but works well. Green Street Projects is the cheapest system. Green streets have curb cuts so that water goes into planters where there is porous soil that filters out the materials. So, whenever the City has a street project it should include green streets whenever feasible. This will not be feasible for parking areas because it is not easy for drivers to emerge from their vehicles and walk across these areas. Diamond Bar needs to think about five years down the road because these projects take time to get designed and funded and there should be consideration of projects where green streets can be incorporated. C/Lyons asked if this could be done in medians. PWD/Liu said that cross streets would have to be considered and it would be very expensive. However, if the streets or medians were being reconstructed, some type of green program could be considered. Mr. Hunter said that nothing about the NPDES program is cheap. As smaller development comes in, the City can ask the builder to include a small swale, for example. C/Chang said that some of the City's parks have bio-swales. PWD/Liu explained that some of the more recent projects including Kaiser and Chili's have bio-swales included as well. CM/DeStefano said that Washington Park has bio-swales and they will be done at Diamond Canyon for the Willow Heights project. M/Herrera asked what remediation is being done at Lennar Homes. PWD/Liu responded that with the help of Mr. Hunter and his team the City is able to require the project to channel all of the water to the retention basin, and through that process the water will be treated. M/Herrera said she thought that was the Coyote Creek area. Mr. Hunter said it is similar but on a much smaller scale. AUGUST 19, 2014 PAGE 7 CC STUDY SESSION M/Herrera asked if it would emit an odor Mr. Hunter said that the trick is to make sure the water does not stagnate. As long as the water moves out (percolates through) within three to four days there should be no problem. M/Herrera said she thought it would be filled with water at all times. Mr. Hunter said "No", the City purposely does not want stagnant water because the driving force is mosquitoes which have a 3 -day life cycle which means that the water needs to cycle out of the area within three days. Mr. Hunter showed examples of an infiltration that would go under a paved parking lot with a vegetative swale in the middle. Another example was a split (cut) curb area next to a parking lot. Mr. Hunter said that with respect to how many facilities will be needed, the model used for the plan is the same model that the Regional Board and USEPA hired for a lot of their studies. Diamond Bar was divided into about 20 hydrological units (areas) and identified as primarily residential with a small amount of commercial. The study predicted the most efficient locations for reducing pollutants and how quickly the City would need to move forward on this project. Every city is assigned a value of the amount of runoff they must treat. This does not prevent Diamond Bar from joining up with another city to save money. For example, Diamond Bar could talk with Long Beach about joining with them on an infiltration project and ask them to increase the size of their project for an additional cost, which could then be credited to Diamond Bar. Many times, this is the easiest way to move a project forward because every city has been assigned an amount they have to accomplish. It is also good protection for the City to do this in-house because under the current permit, if Long Beach treats it and the Board approves it, Diamond Bar is good; however, the next permit might indicate that every city has to be responsible for its own and all of the money that Diamond Bar gave Long Beach would be gone and Diamond Bar would have to start over again from the beginning. In short, it is prudent and cost-effective for the City to produce its own permit devices. How much water must be treated? Mr. McCullough came up with what he calls the "Compliance Cube" which is 118.6 acre feet (acre foot = one acre of land to a depth of one foot or about the size of a football field) or 5.2 million cubic feet and this is what all cities have to work together to achieve. The cities of Claremont, La Verne, Pomona and San Dimas did their own plan and came up with 543.9 acre feet. Diamond Bar's portion is 9 acre feet. M/Herrera asked how Diamond Bar got lumped in with the other cities when it has such a small compliance cube. AUGUST 19, 2014 PAGE 8 CC STUDY SESSION Mr. Hunter stated that the 118.6 acre-feet of water belongs to Coyote Creek and Lower San Gabriel combined. Diamond Bar's portion is the 9 acre-feet. Important to note is that "building projects capturing water is not the compliance measure". The compliance measure is the person who is taking the sample and the computer model says that in order to achieve that compliance measure, Diamond Bar will have to do the 9 acre-feet. However, if the non-structural BMP's are done in good fashion and the demographics of the City are such that the runoff is clean, the City will have to build less. If the opposite is true, of course more will have to be built. The beauty of the current MS4 permit is that it says that as long as the City is making progress toward the 9 acre-feet it doesn't really matter what the runoff is because the City cannot be sued or fined. Even though this statement is not 100 percent accurate, it would be very difficult for the environmental groups and the Regional Board to come after the City if it is making progress toward that 9 cubic feet. A chapter in the plan talks about a "Coordinated Integrated Monitoring Program" meaning that all cities are working together to monitor the runoff. Diamond Bar's share of the cost will be about $7,000 which could go up to $80,000 in year 3, and after that, when the sampling stations have been built, that shared cost will go back down to about $40,000 a year. Keep in mind that the environmental community is screaming that there is not enough monitoring. C/Lyons asked if Diamond Bar's cost was a portion of the water it would be sending down the line or if it was determined by population. Mr. Hunter responded that everybody pays a 50 percent flat entry fee and a 50 percent fee based on the City's total acreage. PWD/Liu said that the City has $40,000 budgeted in this current fiscal year for consulting, special studies, etc. which is Diamond Bar's share of the monitoring costs. Monitoring stations in the white triangle (north Coyote Creek La Mirada, Whittier, Santa Fe Springs) were installed last year and do not impact Diamond Bar. These installations were completed early so that the Board cannot say that nothing is being done - the project is already underway. Once approved, the next station will be at the mouth of the San Gabriel river and in the second year there will be automated monitoring stations which are hooked up to electrical systems and will take samples every hour during a storm. These samples will be taken to a laboratory to be analyzed. Each of these automated systems cost about $100,000 to install. In year three, if needed, the City will come back and put in stations or do grab samples. MPT/Tye said that since none of the stations are in Diamond Bar the only cost to the City will be the annual $40,000 shared cost. AUGUST 19, 2014 PAGE 9 CC STUDY SESSION Mr. Hunter responded that MPT/Tye was correct. If Diamond Bar decided to go on its own it would have two of the stations at $100,000 each plus the samples which typically cost $40,000 a year for a total of $200,000 initially and $80,000 per year. Joining the group gives Diamond Bar more flexibility. MPT/Tye asked what entity would be liable if the test sample failed in the first year. Mr. Hunter said that Diamond Bar would not. Mr. McCullough said it gets somewhat confusing on this issue because one of the things the Watershed Management Program does is that it has final limits. For example, in 2026 Diamond Bar has to meet safer metals and there are interim limits, which if exceeded, would not cause the City to be fined but would cause the City to have to modify its plan to improve its limits across the water shed. The idea is that by 2026 everyone will have complied through these efforts. So the response is that we are using best management practices by putting in more systems and the question about where those should be placed becomes somewhat tricky. One of the primary purposes of this plan is to protect downstream cities from exceedance lawsuits. If this plan was not in place, the Board could say that everyone upstream was liable unless they could prove otherwise. C/Lyons asked who administers this program and who gets paid Mr. Hunter responded that it is the Gateway Water Authority. M/Herrera explained that the Gateway Water Authority is an organization that was started by COG. C/Lyons asked if they are responsible for building the stations. Mr. Hunter said that Gateway would act as the fiduciary agent handling the money. The technical committee comprised of a member of each city will meet every month and determine what needs to be done and who will do what needs to be done. Mr. Hunter explained that the way this original agreement was formed was when there was a metals only component. The permit was not issued at that time and the GWA was trying to figure out how to deal with zinc and copper. The group estimated that it would be about $250,000 a year for the entire group through 2026. All of the city council's including the Diamond Bar City Council approved that. The group is pretty certain now that it might get away with bringing next year in at that cost with the following year being somewhat iffy. Beyond that, there does not seem to be a way to do so, so a new MOU will be submitted to all city councils within the next few months. AUGUST 19, 2014 PAGE 10 CC STUDY SESSION Mr. Hunter stated that the Watershed Program stresses source control and runoff reduction which is cheaper than building the projects. The Program identifies that every open space area of publicly owned parcels in the City was considered for future building. The Program has a new monitoring program and some of the PNDL's that are targets are extended out 25 years. Diamond Bar has to come into compliance with the metals program by 2026 and with bacteria by 2037. The program speaks to the fact that there is not enough money to pay for it. The Water Board does not care about this fact, but it is mentioned in the plan. The plan is based on a computer model which was done by the USEPA and Water Board's modeling consultant. It is obvious that this is a very expensive program. For example, Diamond Bar's 9 -acre feet will cost the City approximately $3-6 million assuming the City does not acquire any additional land and the program is being phased in. Diamond Bar is amongst the smallest of all of the watershed groups and the City does not have to build anything by the first deadline under the MS4 Permit. Some cities have to build by 2017 — Diamond Bar does not because it is already in compliance. Diamond Bar will have to treat runoff and have facilities of capturing .3 acre feet of water by 2020 and for capturing the remaining 8.7 acre-feet by 2026. MPT/Tye asked how the $3-6 million would be used and over what time. Mr. Hunter explained that he surveyed the moderate to large treatment systems in existence, how much it cost the agencies to build those systems and averaged the cost and the average cost is about $400-500,000 per -acre foot. As private developments come online the benefits will go toward the .3 acre feet. MPT/Tye asked if the 9 -acre feet had to be captured every year or every storm. Mr. Hunter said MPT/Tye's question was very astute. Basically, cities have to build their facilities large enough to contain 9 -acre feet. If the City is capturing a 9 -acre foot storm it is compliant so if the City builds the systems to accommodate 9 -acre feet it will bring the City into compliance. M/Herrera asked if the State Board answered to a higher authority. Mr. Hunter responded that they answer to the state legislature. However, the EPA can revoke their permit. Mr. Hunter further stated that using averages, the cost for Diamond Bar to be in compliance will be $4.9 million over the next 12-14 years whereas the watershed group will have to spend $34-60 million and Claremont and Pomona will spend more than that amount. MPT/Tye asked what the Willow Heights project is being built to capture. Mr. Hunter stated that he was not prepared to answer that question but would provide an answer in the future. AUGUST 19, 2014 PAGE 11 CC STUDY SESSION MPTrfye asked who the bad guys were Mr. Hunter said that there are many players in this game. Because of these standards, they took pristine lake water from the east coast and upper mid west and put really clean water in with east coast organisms that are used to the clean water. They sprinkled zinc or copper in the water and when a certain percentage of the organisms died, they determined that to be the goal. In southern California the organisms are much heartier and the limits could be raised four or five times and they would still be living. Mr. McCullough said the Regional Board is the bad guy but they have their hands tied because they are watched by the environmental groups who make sure the Board is strict enough with their permits. There are many groups that have to be satisfied by the Board and in general, no one is happy. MPT/Tye asked Mr. Hunter how long he had been in this business to which he responded "30 years." MPT/Tye said that Mr. Hunter seemed like a reasonable person who has told the Council that it is not reasonable to use east coast water, has asked the Board to give him an idea what this is building to and they will not do it. It all seems unreasonable to MPT/Tye. Mr. Hunter explained that LA started it and did a copper spec and said this is wrong. They spent $1.2 million contributed by all of the cities of LA River. The study said that a minimum of four could be raised full which is a tremendous drop and those compliance cubes will shrink tremendously by that factor because Diamond Bar is already achieving its 98 percent compliance. It took four years to conduct the study and it will take another three years for it to go to the Board for a final vote. Regional Board staff says the study looks good and is supportive of the outcome. They are scheduling it for a hearing and they will go through the process, but it is unknown what the outcome will be because it will take three years and the regulatory process is just now beginning. Because they will now allow the LA River study to apply to the other regions the committee is talking about doing a translator study which is the cheap way, and hopes the Board buys off on it or, the cities will have to do the $1.2 million study. Invariably, when a study is conducted better levels are determined and that will save the cities much more money than the study will cost. Mr. Hunter said the reason the Diamond Bar study was so expensive is because of the cost of hiring experts from around the country to oversee the work. CM/DeStefano cautioned the City Council that it was out of time and asked if Mr. Hunter could speak to the funding issue and how it translates to what Los Angeles County is trying to do with the property tax measure. Mr. Hunter reiterated that this will be quite expensive and in order to avoid getting sued or being fined by the State, the City has to show continual progress. Because the modeling was so good Diamond Bar has been given the gift of not having to have anything built until the year 2020 but, the City needs to begin AUGUST 19, 2014 PAGE 12 CC STUDY SESSION setting aside the funding for that now. The money can come from the general fund or impose a parcel tax but the money has to come from some source to fund these projects or it will put the City in jeopardy. PWD/Liu explained that there was a joint effort between the California Contract Cities and LA Division of the League of Cities. The Stormwater Funding options study will be released in September and the next step is for the group to form a steering committee to look at all of the options contained in the report and begin engaging all of the cities to come up with a strategy to look at all of the funding options. C/Chang asked if there was supposed to be a line item in the Water Bond. PWD/Liu responded affirmatively; however, the Board has made it clear that they want ail of the stakeholders to be at the table including school districts and property owners. As a result, it is possible that this will be a ballot measure in 2016 so the City will be closely monitoring this issue. M/Herrera asked how much money the City needs by 2020. Mr. Hunter said he thought it would be less than $1 million because the City needs only .3 acre feet. PWD/Liu said that staff is looking at a figure of $1.6 million a year. Conservatively, the City wants to be prepared for the ultimate deadline by 2026. Mr. McCullough believed the amount could be even higher. CM/DeStefano said that while it may be distasteful, the City may want to support a county -wide measure to generate these kinds of funds or Diamond Bar will have to do it on its own. PWD/Liu said that when the County was looking at this issue the best case scenario was $54 per parcel for an annual revenue amount of $295 million with a certain percentage going to the cities equal to about half of the per parcel amount. M/Herrera thanked the speakers for the good news. Mr. Hunter said that if it is any consolation, Diamond Bar is in better shape than most everybody else. One of the reasons is because they have not been monitoring the San Gabriel River and the details will be in the new data. PUBLIC COMMENTS: None Offered AUGUST 19, 2014 PAGE 13 CC STUDY SESSION ADJOURNMENT: With no further business to come before the City Council, M/Herrera adjourned the Study Session at 6:35 p.m. TOMMYE CRIBBINS, City Clerk The foregoing minutes are hereby approved this day of 2014. Carol Herrera, Mayor Agenda No. 6.1(b) MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR AUGUST 19, 2014 @H&FV STUDY SESSION: 5:30 p.m., Room CC -8 110Municipal Separate Storm Sewer System (MS4) Permit and Watershed Management Program (WMP) Update — Discussion and Action Adjournment: Study Session recessed at 6:35 p.m. to the Regular City Council meeting. CALL TO ORDER: Mayor Carol Herrera called the Regular City Council meeting to order at 6:40 p.m. in the South Coast Air Quality Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar, CA. CM/DeStefano reported that during tonight's Study Session, the City Council received a report on a very complicated and expensive regional water mandate for the reduction of pollutants from the storm water system (urban runoff that flows from Diamond Bar to the ocean. Staff and Council talked about overall requirements, Diamond Bar's portion of the regional program requirement and received some very good education. Council took no action as this matter was simply a Receive and File report. There may be further actions the Council will need to take to allocate budget resources for the City's portion of the program in the future. PLEDGE OF ALLEGIANCE: Mayor Herrera led the Pledge of Allegiance. INVOCATION: Shaykh Nomaan Baig, Institute of Knowledge, gave the invocation. ROLL CALL: Council Members Chang, Lyons, Tanaka, Mayor Pro Tem Tye and Mayor Herrera. Staff Present: James DeStefano, City Manager; Ryan McLean, Deputy City Manager; David DeBerry, City Attorney; Ken Desforges, IS Director; David Liu, Public Works Director; Bob Rose, Community Services Director; Dianna Honeywell, Finance Director; Greg Gubman, Community Development Director; Kimberly Young, Senior Civil Engineer; Anthony Santos, Senior Management Analyst; Amy Haug, Human Resources 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: 1.1 M/Herrera and City Council Members proclaimed September 2014 as "National Preparedness Month" and presented the proclamation to Fire Chief Stone. AUGUST 19, 2014 PAGE 2 CITY COUNCIL 2. CITY MANAGER REPORT AND RECOMMENDATIONS: 2.1 Presentation on Brush Fire Safety by Chief Stone. Chief Stone presented a video and reported that this season has seen a lot of fire activity in northern and central California. The LA County resources are helping the fire service in the northern part of the State with 48 overhead personnel, four engine strike teams and five hand crews for a total in excess of 150 firefighters. Drought conditions are severe and in the Fall when the winds start to increase in velocity the southern portion of the State will likely need help as well. "The Ready, Set, Go" program helps residents prepare for the potential of wild land fire. The three goals of the program are 1) Heightened awareness for residents, 2) strengthened relationships with cities, residents and partners, and 3) educate everyone about what firefighters and communities need to do to prepare (Ready). Homeowners can help by clearing brush away from their homes creating a "defensible space" and provides firefighters an opportunity to stop the fire before it reaches the home. Local fire stations are happy to provide consultation to residents on how to protect their homes. (Get Set) by putting documents, medications together and having a plan for moving livestock, animals, people with special needs, etc. together for quick departure. (Go) means that people need to leave as quickly as possible upon receiving an evacuation notice to allow firefighters to do their job. Chief Stone provided brochures for the public on the Ready, Set, Go program and offered to provide more in depth presentations to civic groups, Neighborhood Watch organizations, etc. if invited to do so. Residents can follow Division 8 on Facebook and Twitter. Chief Stone also announced that beginning September 3 the Department begins its contract aircraft program and that Canada Air Super Scoopers will then be available. MPT/Tye asked if the Department would provide brochures for City Hall and the Library. Chief Stone said he will provide the number of brochures requested. In addition, information can be found on the County's website at www.lacountVfire.gov. M/Herrera thanked Chief Stone for his presentation and reminded residents that due to the drought conditions, this year's fire danger will be very high. While everyone enjoys the scenic views surrounding Diamond Bar it is surrounded by about 8,000 acres of undeveloped land which makes the City vulnerable to devastating fires. AUGUST 19, 2014 PAGE 3 CITY COUNCIL 3. PUBLIC COMMENTS: Richard Seo, 2865 Woodbridge Court spoke about the Millennium project. The west side includes leveling a large ridge and how the necessary grading would destroy natural defenses against landslide which will specifically impact Bentley and Woodbridge Court and his quality of life. He asked if the City had considered this project to be overdevelopment. Allen Wilson thanked CC/Cribbins and PIM/Roa for answering his questions regarding why some residents did not receive the email alert for the first meeting of August. He also thanked the City for quickly responding to a sign on Golden Springs Drive at Grand Avenue. Mr. Wilson also suggested that the City Council consider moving council elections to even -numbered years to coincide with the national election in order to gain a greater voter turnout. Theresa Lee, 22379 Kicking Horse Drive, spoke about the Millennium Project, and requested that the City review the prior approval. In February 2006 the City Council adopted Resolution 2006-15, a 48 home project in the vicinity of The Country Estates. She asked if the approval was contingent upon annexation to The Country Estates because Millennium had filed a lawsuit against The Country Estates in order to pursue their easement rights. She wanted to know if the project was considered to be landlocked because there appears to be access through Tonner Canyon which is owned by the City of Industry. The Association is opposed to installation of a debris basin on its property and if the easement is already granted they would like to know if there will be a public hearing during which residents can voice their opinion. Also at issue is the uplift sewage system, the existence of Schubarum Trail which cuts through the project area as well as, the risk to a private secure community becoming "at risk" of losing its identity, the amount of cut and fill risking the westerly ridge to mudslide, and the vesting of liability of the project to the association. Cassandra Maclnnis asked for help concerning Tentative Tract Map No. 53430 that was issued in 2006 by the City with conditions still to be met by the developer on an approximately 80 -acre parcel that lies adjacent to The Country Estates. Issues of concern are 1) annexation to The Country Estates required by the City of Diamond Bar; 2) a very complicated drainage system that LA County and the City of Diamond Bar will not maintain; 3) sewer system maintenance that LA County and the City of Diamond Bar will not maintain; 4) water and slope maintenance that LA County and the City of Diamond Bar will not maintain; 5) liability for slope slippage on a project that will be mostly cut and fill; and 6) recent realignment of the Schubarum Hiking and Riding Trail located outside of The Country Estates property that will now offer public access with possible maintenance demands. The homeowners do not want to be on the hook for liability and maintenance issues and would like the Council's attention in this matter so that the Association does not suffer liability and great cost with this project. She asked if a City representative could speak to the homeowners about this project to clarify these issues and concerns. AUGUST 19, 2014 PAGE 4 CITY COUNCIL David Lam spoke in opposition to the Millennium project and asked if the project was scheduled to move forward since a portion of the land was sold to a third party. 4. RESPONSE TO PUBLIC COMMENTS: CM/DeStefano stated that the Millennium Project is a very complicated project and the discussion regarding the details and history is indeed worth a meeting with the residents and City staff in an attempt to clarify all of the various issues associated with this particular project. This is an 80 -acre parcel in what is commonly called the back side of The Country Estates and is the last major parcel for development opportunity within the area. Other projects were developed over the 25 -year period of Cityhood including two or three JCC projects on Watercourse Way, Bentley, Windmill Horizon Pacific (12 -unit project) and Horizon Pacific now engaged in building a five -unit project at the end of Alamo Heights also adjacent to the Millennium property. The City concluded a 20 -year process about 2006 when the Planning Commission and the City Council approved the 48 -unit project. The project is designed to be a subdivision of homes with access off of Alamo Heights and off Horizon Lane that would mimic developments that already exist in The Country Estates with large pads for large homes and amenities that residents want for those large homes including pools, tennis courts, etc. Because of its location, it is on the other side of the hill from The Country Estates which requires that the sewage be pumped out of the area, storm drain systems be handled differently, etc., which is not unique to that part of The Country Estates. The aforementioned projects have sewer lift stations within them off of Water Course Way, the Bentley Project that comes off of Oak Knoll and continues down to the pump station at the end of Horizon Lane. All of these were the result of the physical location of those developments of which Millennium is similar, that need those extra tools to deliver utilities to the property in order to remove the waste from those properties. This is a very complicated project; there is a lot of earth movement proposed which is not uncommon in Diamond Bar. When projects have earth movement as they all do, detailed studies are required by licensed engineers. Geotechnical reports and other tools are required and submitted by the developer and reviewed by the City and third party experts consulting with the City who have expertise in those areas. Reports are reviewed based on the way the property is characterized as well as details associated with construction of homes on top of those properties. These reports have to be approved by the City before any physical work can be done. These include storm drain plans, sewer plans, utility plans, roadway plans, etc. In this particular case, the property is behind the gates of the private The Country Estates community. To the best of his knowledge, like the other parcels mentioned that were developed over the past 25 years, this property has access rights through The Country Estates but no other rights to the use of any of the amenities within The Country Estates. Developers built the other properties and in some cases created their own homeowners associations and in other cases immediately annexed into the AUGUST 19, 2014 PAGE 5 CITY COUNCIL larger Country Estates. Eventually, those projects that created their own HOA's decided to merge into The Country Estates. This particular application has a condition from the City encouraging annexation into The Country Estates, but it is not a requirement. The requirement is that they work with The Country Estates in a good faith effort and consider and ultimately seek annexation into The Country Estates. CM/DeStefano further stated that it is his understanding that the property's developer has an interest in annexing, likely because of the benefits that can be achieved through the sale of the lots and homes as being directly associated with The Country Estates as opposed to simply being within The Country Estates. There is also a benefit to the developer if the Country Estates Board of Directors agrees to maintain the sewer pump station, storm water devices, and maintenance of the landscaping. However, if the Board of Directors does not agree to allow those responsibilities to come before the totality of The Country Estates it leaves the entire responsibility within the 48 -home subdivision, should it ever be constructed. This is a private negotiation between the developer and The Country Estates. This is an issue that is, at its roots, the result of a development project that the City approved with substantial conditions associated with it. These are not uncommon conditions. The Site D-Lennar Willow Heights Project under construction at Brea Canyon and Diamond Bar Boulevard has very, very similar conditions — that the geotechnical issues that exist everywhere in the City must be dealt with, that plans have to be designed to meet the standards, that those studies and plans have to be approved by the City and that the work must commence based on the solutions outlined in the design within those plans. In addition, that construction is overseen by the City to ensure that construction is consistent with the plans which are consistent with the studies that were done beforehand. The Millennium project has a long list of outstanding issues, not uncommon for a large project in a hillside area with the issues that have been identified. The Millennium Development Company has been working its way through resolving those issues but they have a long list of unresolved issues including all of the items outlined by several of the speakers. These issues must be resolved or the plans will not be approved and those pieces, if not approved, mean that a map can never be recorded and if the map is not recorded the developer cannot sell parcels. A speaker suggested that the developer might be selling lots or parts of the company, but by law, they cannot sell parcels (lots for future development) until a variety of documents are filed but most importantly, until the subdivision is recorded. What may be occurring (his speculation) is that the company that is building the project may be seeking investors in the company which is different than selling parcels because no one can sell parcels of land that do not exist until the subdivision map is recorded which does not occur until all standards have been met. Someone commented that residents may not be aware of this project. This project went through a rather exhaustive public hearing process in 2005- AUGUST 19, 2014 PAGE 6 CITY COUNCIL 2006 leading to the referenced approvals. There has been significant turnover in The Country Estates management and Board of Directors as occurs in such organizations and as a result, perhaps continuity of information may have been lost. Some of the details about the project, in order to avoid rumor and innuendo from flourishing may be occurring and that speaks back to staff in assisting in talking about the project. The City Council approved the project and has done so with a long list of conditions that must be completed prior to the City Council approving the Final Map for recordation. The developer still has, by California State Law, at least a few more years to resolve all of those issues. Now that market conditions have improved it is his presumption that the developer is moving more quickly to meet the demand that exists in The Country Estates to produce more homes of that stature and caliber. He suspects that the developer is looking into annexing with The Country Estates in order to defray some of the costs of the large landscape areas, sewage systems, storm drain systems, etc. The sewage and storm drain systems are very complicated because of where this particular project is located and in other areas of The Country Estates as mentioned, the County took over maintenance and that is an issue that needs to be addressed to understand that if the County has concerns what those concerns are because it makes more sense for the County that has experience in doing so, to maintain those stations than it does for a homeowners association that has no experience in doing so. However, that decision rests with the Board of Directors of the homeowners association to determine what is most appropriate for that neighborhood. With respect to the Schubarum Trail, it has existed for many years and runs through the rear of the projects mentioned that are adjacent to The Country Estates and continues from The Country Estates to Grand Avenue and keeps going in the opposite direction through Brea Canyon Cutoff, Diamond Bar Boulevard and west into Rowland Heights and beyond. It is meant to be predominately an equestrian trail and can, as he understands, be used by humans for walking as well. The design was typically outside the boundaries of The Country Estates and this particular project drawings show that the trail does creep to this particular project's boundaries. Although he has not seen the details of how that will unfold he understands the public concerns where a public easement to allow equestrian and other uses is coming within this proposal. Whether there are opportunities to change that by changing the route of the trail is unknown to him at this time. In conclusion, the developer has the right and time to continue to implement the conditions imposed by the City and will not get the project recorded or built until those conditions are met. CM/DeStefano agrees that it would be good to talk about the project. The Council cannot revoke the approval but if the developer does not meet the standards set by the conditions of the project, the project will not come to fruition. M/Herrera asked for clarification that what the developer holds is a Tentative Tract Map approval and must meet all of the other conditions before the Final AUGUST 19, 2014 PAGE 7 Map approval. CITY COUNCIL CM/DeStefano responded that M/Herrera is correct and added that the final map approval is not discretionary. If this developer or any developer has met all of the conditions and requirements of the Tentative Tract Map, the City Council shall approve the Final Map. The Council had discretion in approving the Tentative Tract Map in 2006 and if the developer complies with all of the conditions of that approval, the City has no option but to approve the Final Map. C/Lyons felt the joint meeting between staff and residents was a really good idea and asked how that would be arranged. CM/DeStefano said he would need to discuss this matter further with staff and include the developer because it is the developer's proposal that is being questioned and try to help the residents understand what is involved in the physical improvements (grading, sewer and storm drain) should the association wish to accept responsibility or not and help to identify some of the outstanding issues. A lot of what he has heard this evening is directly related to the developer and the Board of The Country Estates because it is the Board of Directors that will be making decisions on behalf of the residents of The Country Estates and that Board has a lot of discretion. He would not see staff being in a position to advocate for the project. The City Council made its decision and the developer is responsible for implementing the conditions as approved by the City Council. Staff's position would be to provide facts that would help residents better understand the project so that they can make their own decisions and work with their Board of Directors on the future issues of the development. 5. SCHEDULE OF FUTURE EVENTS: 5.1 Planning Commission Meeting — August 26, 2014 — 7:00 p.m., Windmill Community Room, 21810 Copley Drive - canceled. 5.2 Parks and Recreation Commission Meeting — August 28, 2014 — 7:00 p.m., Windmill Community Room, 21810 Copley Drive. 5.3 Labor Day Holiday — City Offices closed in observance of Labor Day, September 1, 2014. City Offices reopen Tuesday, September 2, 2014 at 7:30 a.m. 5.4 City Council Meeting — September 2, 2014 — Canceled. 5.5 Planning Commission Meeting — September 9, 2014 — 7:00 p.m., Windmill Community Room, 21810 Copley Drive. 5.6 Diamond Bar Day at the Los Angeles County Fair — September 11, 2014 — Los Angeles County Fairplex in Pomona. . AUGUST 19, 2014 PAGE 8 CITY COUNCIL 5.7 Traffic and Transportation Commission Meeting — September 11, 2014 — 7:00 p.m., Windmill Community Room, 21810 Copley Drive. 5.8 City Council Meeting — September 16, 2014 — 6:30 p.m., SCAQMD Auditorium, 21865 Copley Drive. 6. CONSENT CALENDAR: C/Lyons moved, C/Chang seconded, to approve the Consent Calendar as presented. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chang, Lyons, Tanaka, MPT/Tye, M/Herrera NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 6.1 APPROVED CITY COUNCIL MINUTES: 6.1.1 Study Session of August 5, 2014. 6.1.2 Regular Meeting of August 5, 2014. 6.2 RATIFIED CHECK REGISTER — Dated July 31, 2014 through August 13, 2014 totaling $863,770.76. 6.3 APPROVED CONTRACT WITH ECS IMAGING, INC. IN THE AMOUNT OF $87,000 PLUS A CONTINGENCY OF $5,000 FOR A TOTAL CONTRACT AMOUNT OF $92,000 FOR THE PURCHASE OF THE LASERFICHE AVANTE DOCUMENT MANAGEMENT SYSTEM AND RELATED PROFESSIONAL SERVICES; AND, APPROPRIATED $100,000 FROM GENERAL FUND RESERVES. 6.4 APPROVED CONTRACT AMENDMENT FOR EXISTING ON-CALL CIVIL ENGINEERING SERVICES WITH ONWARD ENGINEERING TO PERFORM A COMPREHENSIVE PARKWAY DRAINAGE CURB ANALYSIS IN THE AMOUNT OF $22,680 WITH A CONTINGENCY AUTHORIZATION OF $4,000 FOR A TOTAL CONTRACT AMOUNT OF $26,680. 6.5 ADOPTED RESOLUTION NO. 2014-36: APPROVING THE APPLICATION FOR $153,346 OF HABITAT CONSERVATION FUND GRANT FUNDS, WHICH, IF AWARDED, REQUIRES A $153,346 MATCH FROM THE CITY FOR THE SILVER TIP PARK TRAIL AND TRAILHEAD. 7. PUBLIC HEARING: 7.1 ADOPT RESOLUTION NO. 2014-37: AMENDING THE CITY'S CONFLICT OF INTEREST CODE FOR DESIGNATED CITY PERSONNEL AND RESCINDING RESOLUTION NO. 2012-36: IN ITS ENTIRETY. AUGUST 19, 2014 PAGE 9 CITY COUNCIL G CM/DeStefano stated that staffs report for this item to amend the City's Conflict of Interest Code will be presented by CC/Cribbins. CC/Cribbins stated that every two years the FPPC requires cities to review their Conflict of Interest Code and, if necessary, make any changes to accurately reflect job classifications that may fall under the Conflict of Interest Code. On May 20, 2014, the City Council adopted Resolution 2014-20 re-establishing the position of the Deputy City Manager job classification with salary grade and fringe benefits. In order to correctly identify the positions, which must file statements of economic interest, and match the City's personnel system, the City's Conflict of Interest needs to be amended to reflect the position of Deputy City Manager. No other changes, additions or deletions need to be made. Staff recommends that the City Council open the Public Hearing, receive testimony, close the Public Hearing and adopt Resolution No. 2014-37, the City's Conflict of Interest Code. M/Herrera opened the Public Hearing at 7:42 p.m. With no one present who wished to speak on this matter, M/Herrera closed the Public Hearing at 7:43 p.m. MPT/Tye moved, C/Tanaka seconded, to adopt Resolution No. 2014-37: Amending the City's Conflict of Interest Code for Designated City Personnel and Rescinding Resolution No. 2012-36 in its entirety. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chang, Lyons, Tanaka, MPT/Tye, M/Herrera NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None COUNCIL CONSIDERATION: 8.1 DIAMOND RIDE PROGRAM MODIFICATIONS AND ADOPTION OF UPDATED PROGRAM RULES & REGULATIONS. CM/DeStefano introduced DCM/McLean who presented a program overview analysis and recommended modifications for the Diamond Ride Dial -a -Cab service. DCM/McLean reported that the City Council established the Diamond Ride Program in April 1995 and at that time, the program's stated goal was "to provide local and affordable supplemental transportation to the community". Those that are eligible to receive a Diamond Ride Card include individuals who are 60 years and older and disabled adults 18 years and older. Current guidelines for the program are that if one is an AUGUST 19, 2014 PAGE 10 CITY COUNCIL eligible member that person can receive 30 one-way trips per month or 15 round trips. The service is available seven (7) days a week from 7:00 a.m. to 8:00 p.m. and all trips must be reserved the day prior to the trip. There are currently three different service areas for the program: 1) Area 1 within the City limits; 2) Area 2 for non-medical and shopping trips or for medical trips within Area 2 bound by San Dimas to the north, Chino to the east, Brea to the south and Hacienda Heights to the west; and 3) Area 3 is for medical trips only with boundaries at points stretching from Fontana to Norco/Corona, Long Beach and Pasadena. The City has three established rates for those particular areas. Currently, Area 1 is $.50 each way; Area 2 is $3.00 each way and Area 3 is $1.50 each way. During the recently completed Fiscal Year of 2013-14 ending June 30, 2014, there were 10's of thousands of trips with almost 300,000 miles traveled. The service was primarily used on weekdays and about 75 percent of all trips taken were for medical or shopping. It is important to understand the program funding source for the Diamond Ride Program. Since 1995 the City has spent approximately $6.9 million to fund the program. Last year's costs (FY 2013-14) were approximately $567,000 which is the highest annual costs since the program began and the first invoices for July 2014 are on pace to exceed last year's costs. Currently, the program is funded with Prop C Funds which are funded through the County in accordance with the $.50 tax measure for which the City receives approximately 20 percent based on a per -capita formula. This funding is restricted to public transit projects and programs on arterial streets and is not limited to shuttles or taxi service as it also includes transportation and congestion relief projects. Prop C money cannot be sold for General Fund use and must be used by the agency that receives it. In addition to the Diamond Ride Dial -a -Cab service there are many CIP projects related to transportation on the City's arterials that were funded by Prop C such as median improvements on Grand Avenue at Diamond Bar Boulevard; traffic signal improvements, signal battery backup system installations and arterial slurry and overlay projects on those streets. As Diamond Ride costs have increased over the years Proposition C funds for infrastructure projects are diminished with about 71 percent of this year's Prop C allocation marked for Diamond Ride alone, the reserves the City once had for Prop C are now depleted which means that General Fund or other subsidies will be needed to complete transportation projects that have been included in the CIP projects going forward unless there is an offset. AUGUST 19, 2014 PAGE 11 CITY COUNCIL With that overview in mind, staff conducted an analysis to obtain additional information and statistics on the program. The first thing staff noticed was the discrepancy in the original program philosophy. At the beginning of the program that was established by the City Council it was a supplemental service and was not meant to be a primary source of trans- portation. Based on a review of the numbers and use pattern it seems that the program has shifted to more of a primary source of transportation for many individuals. For example, the top 10 riders for the year (10 cardholders) averaged nearly a trip per day for the entire year so in such cases the program is being used on a regular basis and not on a supplemental basis. Staff found that the non-medical and shopping trips particular to Area 2 outside of the City was contrary to the existing guidelines and countered the City's Economic Development goals. Currently, riders can schedule shopping trips outside of the City and Area 2 stretches about 10 miles from the City Center outward and the trips to other shopping districts in other cities undermine the "Shop Diamond Bar" program, adversely impacting the City's economic efforts and effectively subsidize sales tax leakage to other cities. Staff also noticed that there is growing usage inequity in the program. Staff's review found that a very small group of users (40 or about 3 percent) out of approximate 1300 current cardholders were responsible for about 30 percent of all trips, miles and costs. This usage inequity is very evident when looking at the cost of the top five riders in FY 2013-14. During this 12 month period the top five riders took trips costing from $7200 to $11,000. It is also important to note that staff found no fraudulent activity — all trips have been taken in a manner consistent with the current rules and regulations. There is a growing impact of long-distance trips. The costs of the program are driven by long-distance trips, primarily to those in Area 3, which amounts to about 60 percent of the trips for Diamond Ride to destinations outside of the City. According to staff's estimates in reviewing a sample of about 9,000 individual trips it was determined that 86.5 percent of the trip costs are generated from those trips that are outside of the City. Another example of the impact of long-distance trips is the fact that during one period of six months, approximately 40 percent of the riders in the top 20 did not take a single trip within the city limits of Diamond Bar — all of their trips were to destinations outside of Diamond Bar. Staff felt it would be valuable to compare the current Diamond Ride program to other Dial -a -Cab services in cities in the region and found that most of these programs limited trips to within the city limits or to very small boundaries or to medical facilities with very specific destinations. Staff is confident in saying that the Diamond Ride program boundaries today are among the most generous, if not the most generous in the entire southern AUGUST 19. 2014 PAGE 12 CITY COUNCIL California region. At the August 5 City Council Study Session staff presented this analysis and a series of three modification options for consideration and after its discussion the City Council directed staff to bring the following modifications forward to tonight's meeting for consideration: 1) Maintain in -City trips in Area 1; 2) Establish a new medical service area (Area 2) with an approximate 5 mile radius which would include medical exceptions for trips to Pomona Valley and St. Jude Hospitals and their associated medical centers and eliminate subsidized non-medical and shopping trips to destinations outside of the City limits including trips to Ontario Airport and Fullerton Amtrak Station; 3) Allow for same-day reservations. If approved, staff would recommend that Council change the current practice of 24-hour notice and allow riders to make reservations the same day for all trips; and, 4) Rates remain the same for Area 1 within the City of Diamond Bar $.50 per trip and trips to medical service areas Area 2 would remain at $1.50 per trip. Staff believes that these modifications will have a number of positive impacts. It will maintain an effective Dial -a -Cab program for seniors and stable adults and the program will continue to have very generous boundaries that are most likely at the top of the list for the southern California region even after these changes. Staff believes the recommendation would improve the long-term financial viability, it would allow Proposition C Funds to reach and benefit the greatest number of residents, and, it would ensure transportation projects are not delayed so that the City can continue doing congestion relief and traffic mitigation projects. As part of the recommendation, staff would ask that modifications commence December 1 if approved by the City Council to give ample opportunity for riders to make adjustments to their schedules and secure other transportation options, if necessary. Staff recommends that the City Council adopt modifications as proposed effective December 1. MPT/Tye asked DCM/McLean to explain the third bullet point under recommendations "eliminate subsidized non-medical and shopping trips" with emphasis on the fact that this is not proposing to eliminate their ability to go to Fontana or San Gabriel. AUGUST 19, 2014 PAGE 13 CITY COUNCIL DCM/McLean responded that falls under "cab conversion" and some riders may actually take advantage of that now. What this means is that if a rider wants to go to a location outside of the City limits (a non-medical trip outside of the City limits, for example), the City will subsidize the trip up to the point of the City limit and from there the rider would pay the standard cab fare for the remainder of the trip to its destination. Cab conversions would remain available under this program and if someone wished to go beyond the medical service area to a medical appointment the only change would be that the City's subsidization of that would be at the border of that particular service area. C/Lyons asked if the vendor was capable of and agreed to handle the same day reservation program. DCM/McLean said he spoke with the Vice President of Yellow Cab and discussed the proposed modifications. He did not believe there would be any issues since the company has done so in the past and would prepare for this change effective December 1 with the same grace period. C/Lyons asked how users will be notified of changes to the program. DCM/McLean said that staff is planning a full outreach program with notices sent to each rider and public information outlet usage including the City's newsletter and website. M/Herrera asked for clarification that the changes would take people within Area 2 or if someone wanted to go to Heritage, St. Jude or Pomona Valley Hospital they would spend $1.50 and once the rider went beyond that border it would be the cab conversion fare. DCM/McLean explained that for those two sites the City Council requested that exceptions be made for Pomona Valley Hospital and surrounding medical center and St. Jude Hospital in Fullerton and surrounding medical center so those would be covered under the $1.50 fare. There would be no cab conversion fare to those two locations only. M/Herrera asked for public comment Allen Wilson appreciated staff's report and acknowledged the potential $29,000 savings to the program. He suggested that the City could save more money by looking at the defined benefits for the City Council. M/Herrera closed public comments. M/Herrera stated that in 1995 when this program was created the annual budget was $350,000 to be spent for the year. At this time, the budget is $575,000 and it is important for a City to live within its means and not AUGUST 19, 2014 PAGE 14 CITY COUNCIL exceed its means and believes that these changes are the right thing. Still, Diamond Bar is running a very generous program when compared to surrounding cities. C/Chang moved, C/Lyons seconded to approve the Diamond Ride Program modifications and, adopt the updated Program Rules and Regulations. Motion carried by the following Roll Call Vote: AYES: COUNCIL MEMBERS: Chang, Lyons, Tanaka, MPT/Tye, M/Herrera NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 8.2 ADOPT RESOLUTION NO. 2014-38: APPROVING THE CITY OF DIAMOND BAR EMERGENCY OPERATIONS PLAN (EOP), AUTHORIZE THE MAYOR TO SIGN THE LETTER OF PROMULGATION, AND DIRECT STAFF TO PROVIDE A COPY OF THE APPROVED PLAN TO THE STATE OF CALIFORNIA OFFICE OF EMERGENCY SERVICES. CM/DeStefano stated that staff is recommending an update to the City's Emergency Operations Plan (EOP). He introduced SMA/Santos who provided a background on the program and introduced recommended updates. SMA/Santos stated that Public Safety in the City of Diamond Bar is composed of a variety of components including the Los Angeles County Sheriff, Los Angeles County Fire, Inland Valley Humane Society and staff support for emergency preparedness and response, all of which are the City's attempt to have the best in public safety services available to the City and its residents. Activities include staff training (monthly training events, training for new employees), exercises with partner agencies, updating emergency planning documents, comprehensive public education and outreach efforts (information posted on the City's website, DB Connection, Facebook, Twitter, etc.) and promoting the agency's emergency alert system (sign in at the City's website) as well as, EOC activation in response to emergencies (fires, earthquakes). In response to a disaster whether it is a natural disaster incident or human caused incident, the City Manager and his designee have the authority to activate the EOC. Employees of the City are disaster service workers and have an obligation to report to the City when available, analyze the situation and use the City's Emergency Operations Plan as a guiding tool to respond to the situation. The City Council proclaims disasters, which is important to triggering higher response from the Governor up to the President of the United States. Collaboration is essential. In short, the City uses the EOP as a guiding document, the City Council provides the policy direction, proclaims AUGUST 19, 2014 PAGE 15 CITY COUNCIL disasters to ensure the appropriate level of response from the State and Federal government. The EOP is a large document which has been consolidated from an even larger document to something that is more user-friendly for staff to ensure the appropriate response. There are four specific components to the plan: Part 1 — Basic Plan, which talks about Diamond Bar and specific threats in and to the City. Part 2 — Section Checklists that are specific action items for positions in the EOC (Emergency Operation Center) and what those sections do. Part III — EOC Documents and Part IV — Restricted Use, which is confidential information specific to the EOC needs and not meant for public dissemination. The EOP document has been streamlined to 250 pages and is a living document subject to customization to fit the contract model. EOC Part 1 includes information about the National Incident Management System (NIMS) which was patterned after the State's standardized emergency management system. The checklist is the best revision of the plan and allows for cooperation between public agencies. Staff wants this to be a document that is kept with responsible staff members and at strategic locations to allow staff members to move forward expeditiously. Staff will use this document to undergo additional disaster response staff training and if approved, the training calendar will be updated to include the revised EOP document. SMA/Santos recommended that the City Council Adopt Resolution 2014- 38 approving the City of Diamond Bar EOP, authorize the Mayor to sign the Letter of Promulgation, and direct staff to provide a copy of the Approved Plan to the State of California Office of Emergency Services. M/Herrera said it was a great plays and that she loved the maps that are included, especially those maps showing the location of the earthquake faults. It is helpful for the City Council and residents to know who has what assignment but she did not hear the responsibility of the City Council in the event of a disaster. SMA/Santos stated that in addition to providing training documents for staff, staff has put together a handbook for City Council Members to delineate Council Member's roles and responsibilities such as declaring proclamations, providing assurances to the public that the City is working proactively to try to identify how the community is being affected as well as provide updates about response. The situation will influence what information is communicated between staff and Council and information ultimately communicated to the public immediately after an emergency. Such as a fire, earthquake or other large-scale incident, staff will AUGUST 19. 2014 PAGE 16 CITY COUNCIL communicate information to the Council and Council Members will be contacted by staff if they are requested to be at City Hall or some other location. Once the information is provided to the City Council and updates are provided to the public, that will influence whether the EOC is activated which will trigger what information is to be provided to Council such as declaring a proclamation, what type of proclamation needs to be declared, whether there will be press conferences (first to the Mayor, then to the Mayor Pro Tem and then to remaining Council Members based on seniority). In short, staff will work proactively with the City Council and residents to make sure that everyone is provided information they need to conduct and perform their duties. M/Herrera acknowledged the cooperation of the Sheriffs and Fire Departments who play significant roles in emergency operations, both of which have their plans and procedures. SMA/Santos explained that Diamond Bar as a contract model supports and has as its main focus on what goes on in the field with the Sheriff and Fire Departments. These are the law enforcement and fire enforcement agencies as well as, IVHS and other public safety agencies. To every extent possible, staff is charged to support what those agencies do in the field on a collaborative basis to make sure staff understands and can support what they do in the field. It is a total team effort. MPT/Tye thanked SMA/Santos for a great presentation. It is always important for the public to understand that the City has a plan. As an example, the Triangle Fire never reached the City but the City was prepared for that eventuality. Diamond Bar knew where it would send residents in case of evacuation and he felt that this type of document would have helped and it is good to know that this program is constantly moving forward and is something that might have led to handling things differently five years ago with a fire threatening the City or five months ago with an earthquake that affected the City. He also believes it is important that residents understand that cities throughout the State are required to have an updated plan every five years with revisions typically costing about $50,000. Diamond Bar has chosen to update its plan in-house at a significant savings to the City as it continues to move forward on a very cost-effective basis. M/Herrera asked for public comment. Kim Hsieh said that when the fire threatened her residence she was told she might have to evacuate but was never told where she needed to go and she wanted to know if there were places people could go to get help and was there a crisis management team in place to assist people under AUGUST 19. 2014 PAGE 17 CITY COUNCIL stress. SMA/Santos responded that since the 2008 Freeway Complex Fire the City has implemented its emergency alert system (telephone based notification system that provides information by message, text, SMS, etc.) The intent of the system and Facebook, Twitter, the City's website, YouTube, etc. is to provide real-time information to residents. Depending upon the incident, LA County Fire Department will make a determination if an evacuation is necessary. The LA County Sheriff will execute the evacuation order. Depending on whether residents are evacuated or sheltered, that information will be communicated to staff and staff will work collaboratively with Fire and Sheriff to ensure information is provided to the residents. Staff is continuing to improve and since 2008 has implemented many positive opportunities so that the communication system improves going forward. Many times information is misrepresented by the media and staff and Council attempt to make sure the information being reported is correct by providing accurate real-time information. M/Herrera asked what number residents should call at City Hall in order to register their cell phone to get these messages. SMA/Santos responded that residents can call him at 909-839-7013 or seek information online at the City's website at www.citvofdiamondbar.gov and click on the Public Safety Tab and link for the Emergency Alert System and sign up for the call back. M/Herrera stated that the City has cooperative agreements with the school districts and when fires occur and people are told to evacuate they were sent to the Diamond Bar High School gymnasium. However, there are agreements with schools toward the north end closer to Diamond Bar Center. CM/DeStefano said it would depend on the emergency and based on the information such as if a large earthquake destroyed the Diamond Bar High School gymnasium, it would not be a source and staff would look for other acceptable sites. The Diamond Bar High School gymnasium can house a great number of people who have access to adequate restroom and/or shower facilities and sleeping facilities are sites that the City would be looking for. Typically, elementary schools, junior high schools and even the Diamond Bar Center do not offer those facilities. Fundamentally, the City looks at high schools. For the Triangle Complex fire, Diamond Bar High School was used and next in line was Walnut High School which was activated as well. C/Chang said that with respect to misrepresentation by the media, what she noticed with the La Habra earthquake, TV media started picking up on AUGUST 19, 2014 PAGE 18 CITY COUNCIL twitter feeds and she was very proud of the City of Diamond Bar for having its own twitter feed and other avenues for putting out correct information. M/Herrera thanked staff for the great presentation and for updating the City's emergency plan. It is great information for the public. C/Lyons moved, MPT/Tye seconded, to adopt Resolution 2014-38 approving the City of Diamond Bar EOP, and authorize the Mayor to sign the Letter of Promulgation, and direct staff to provide a copy of the Approved Plan to the State of California Office of Emergency Services. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Chang, Lyons, Tanaka, MPT/Tye, M/Herrera None None 9. COUNCIL SUBCOMMITTEE REPORTS AND MEETING ATTENDANCE REPORTS/COUNCIL MEMBER COMMENTS: C/Tanaka said that during the past two weeks he attended the last two Concerts in the Park and Movies Under the Stars. August 6 was National Night Out and the event concluded August 13. August 9 was the Diamond Bar Youth Baseball Awards at Heritage Park where sportsmanship trophies and pizza parties were earned by various teams. Monday was a Neighborhood Watch meeting in the Rio Lobos/Cogburn Lane area during which Deputy Scheller gave an outstanding presentation. Last Thursday was the Children's End of Summer Reading Program party at Sycamore Canyon Park. Diamond Bar Day at the LA County Fair will be on Thursday, September 11 and there are $5 coupons available online and at various locations around the City. C/Chang said that as usual, residents can follow her on a variety of social media outlets. She too attended the National Night Out and Concerts in the Park. There was great attendance and she was very impressed with the Sheriff and Fire Department demonstrations. She thanked everyone for their attendance. This past year she has been honored to serve as President of the League of California Cities, LA County Division. It has been a very busy year. She thanked M/Herrera, MPT/Tye, CM/DeStefano, and DCM/McLean for coming out and supporting her as well as, the participation of various cities. She thanked Congressman Royce for swearing in incoming President Steven Lee from Rosemead and the Board. She wished him success in his new position. C/Lyons attended many of the Concerts in the Park including the last concert which was very much enjoyed by all of the residents. She thanked staff for a very successful season. She appreciates staff's work on the Diamond Ride Program and Emergency Operations Plan, very good things about which to AUGUST 19, 2014 PAGE 19 CITY COUNCIL inform the public The Diamond Bar Friends of the Library has announced the book for this year's Read Together Diamond Bar Program True Notebooks by Mark Salzman. There will be a variety of activities during the month of October that center around that book and its author. She saw that Bob's Big Boy is here to stay in Diamond Bar. The owners appeared before the Council awhile back and asked for support of the residents to make it a viable location for them. Congratulations to Bob's Big Boy. MPT/Tye said that a week ago today he was privileged to be at the Walnut Valley Diamond Bar Rotary Club when Congressman Ed Royce was inducted as a dues -paying member. He thanked CSD/Rose for another terrific "Concerts in the Park" series. A great time was had by all. He is not sure which is more popular, the Concerts in the Park or the Movies. It is a terrific program that has grown over the 25 years as a City and knows the residents are very appreciative. Kudos to you staff members who worked to make the programs a major success. He reminded residents that Diamond Bar Day at the Fair is September 11, just three weeks away, and he hoped to see everyone there. M/Herrera congratulated C/Chang for completing her year as President of League of California Cities, LA County Division and congratulated MPT/Tye for completing his year as President of Contract Cities. She believes this is the first time ever that two sitting Council Members were presidents of major San Gabriel Valley organizations and is sure it was challenging for staff to keep up as fast as these two were moving. Diamond Bar is very proud of both C/Chang and MPT/Tye and she thanked them for their work on behalf of the City. She thanked Chief Stone for his very important fire prevention presentation and thanked the LA County Sheriff's Department for its safety teams who do a lot of great work to make Diamond Bar residents safe and their work is greatly appreciated. M/Herrera announced that her Planning Commissioner, Jack Shah, resigned effective August 15 and asked that any interested parties in becoming a planning commissioner can request an application form from CC/Cribbins or log on to the City's website, complete the application form and submit it to the City Clerk for consideration. It is likely that a decision will be forthcoming at the first Tuesday in October City Council meeting. AUGUST 19, 2014 PAGE 20 CITY COUNCIL ADJOURNMENT: With no further business to conduct, M/Herrera adjourned the Regular City Council Meeting at 8:30 p.m. TOMMYE CRIBBINS, CITY CLERK The foregoing minutes are hereby approved this day of 2014. CAROL HERRERA, MAYOR CITY OF DIAMOND BAR Agenda No. 6.2 MINUTES OF THE PARKS & RECREATION COMMISSION DIAMOND BAR CITY HALL - THE WINDMILL ROOM 21810 COPLEY DRIVE, DIAMOND BAR, CA 91765 JULY 24, 2014 CALL TO ORDER: Chairman Owens called the Parks and Recreation Commission meeting to order at 7:02 p.m. in the City Hall Windmill Room, 21810 Copley Drive, Diamond Bar, CA 91765. PLEDGE OF ALLEGIANCE: Commissioner Grundy led the Pledge of Allegiance. ROLL CALL: Present: Commissioners Dave Grundy, Lew Herndon, and Chairman Ted Owens Absent: Commissioner Kim Hsieh was excused Vice Chairman Benny Liang arrived at 7:08 p.m. Staff Present: Bob Rose, Community Services Director; Anthony Jordan, Parks and Maintenance Superintendent; Christy Murphey, Recreation Superintendent; Mickey McKitrick, Recreation Specialist, and Debbie Gonzales, Administrative Coordinator. MATTERS FROM THE AUDIENCE: None CALENDAR OF EVENTS: As presented by CSD/Rose. 1 K CONSENT CALENDAR: 1.1 Approval of Minutes for May 22, 2014 Regular Meeting. C/Grundy moved, C/Herndon seconded, to approve the May 22, 2014 Minutes as presented. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: INFORMATIONAL ITEMS: Grundy, Herndon, VC/Liang Chair/Owens None Hsieh 2.1 Recreation Program Update — RS/Murphey 2.1.1 Power Point Presentation on Youth Baseball — RS/McKitrick C/Grundy asked about the lower registration this year and RS/McKitrick said there was a decrease in the 4, 5, 6 & 7 divisions. JULY 24, 2014 PAGE 2 P&R COMMISSION Chair/Owens asked to what degree and RS/McKitrick responded that generally, there are eight teams (4 in each division).and about 48 kids per division. This year there were 26 four & five year olds signed up and 24 in the 6 & 7 divisions for a total of 50 rather than 96 in the two age groups. - - C/Herndon said he asked for information regarding the history of the number of kids involved in the sports fields and was hoping that issue might be covered tonight. CSD/Rose responded that he has the information which will be sent to C/Herndon tomorrow. C/Herndon said that at the field allocation meeting RS/McKitrick indicated that there are more teams involved than in the past. RS/McKitrick said it was his theory he floated to C/Herndon that he believed there were less kids but more teams given that there are more travel programs available than in the past. Therefore, there are more organizations requesting field space and more teams, but the number of individuals are on the downturn. Chair/Owens said he was told the AYSO registrations were up about 20 percent this year. RS/McKitrick said when he went through the five-year history the maximum was 1,400 and this year they claim they will have about 900 enrollees. Last year they estimated 900 to 1,000 and it could be that last year they ended up with about 700 so if they are expecting 900 this year it would be an increase. When the paperwork is turned in this time of year it is based on an estimated number because registration has not yet been completed. Chair/Owens asked if most of the organizations are meeting the resident requirement for the scheduled field use and RS/McKitrick responded that every organization has at least one Diamond Bar resident which meets the requirements. The teams that are not Diamond Bar based teams pay to use the fields. Chair/Owens asked if there was sufficient field space to accommodate everyone and RS/McKitrick responded that there is not as much field space as people want; however, there is sufficient field space to accommodate the user groups. CSD/Rose explained that there is an artificial demand for the use of the fields because the City does not charge fees for the use of unlighted fields and lighted fields, which israre so obviously, travel teams will gravitate toward Diamond Bar to avoid having to pay for use of the fields. C/Grundy thought he recalled that there needed to be a certain percentage of residents for the team to be able to use the fields and CSD/Rose responded that there is for the highest priority teams such as AYSO, Girls Softball, and Diamond Bar Pony League. JULY 24, 2014 PAGE 3 P&R COMMISSION C/Herndon said he had attended several of the field allocation _ meetings and some of the organizations ask for everything. RS/McKitrick chimed in that most of the organizations ask for everything. C/Herndon said it was probably difficult to estimate what the real shortage of fields is because there are still soccer teams on the outfield, softball teams on the infield and an extensive use of Lorbeer which is overused. There are other indications of field shortages as well. He asked RS/McKitrick if he had any feel for how it might help to get the upper field at Lorbeer lighted and lighted fields at South Point Middle School and whether it would make RS/McKitrick's job any easier. RS/McKitrick said it would definitely make his job easier. One of his struggles is trying to get some of the organizations to efficiently utilize and allocate what they have been allocated. For example, the soccer programs have been allocated Monday through Friday and the coaches want Tuesday and Thursday and those organizations do not want to force coaches to practice on nights they do not want to be present so everybody is out there on Tuesday and Thursday and it remains rather sparse on the other days. Obviously, more lighted fields would help them spread out more on Tuesdays and Thursdays and if there were more (lighted fields) it would be more conceivable for baseball and softball to hit into an outfield more frequently which he frequently mentions at the user groups, that it is tough to teach a child to track a fly ball when they are not allowed to hit fly balls. The batting cages are nice for live pitches, but the outfielders do not really get any training so in that sense it would be nice but his real issue is attempting to get groups to be more efficient. For example, there is one soccer program double the size of the smaller program and the bigger program is more efficient at scheduling than is the smaller program. C/Herndon asked when the City lost the use of Chaparral and RS/McKitrick said Chaparral is not a field that he has ever allocated. Chaparral goes through WVUSD. CSD/Rose said his understanding is that when the gymnasium was built was about the time the users were no longer able to use the soccer field. RS/McKitrick said he believed the gym was built about four or five years ago. C/Grundy said it was about five years ago and prior to that time AYSO was using both the upper and lower fields so it does make it more of a stretch for Saturday play. C/Herndon asked if AYSO used Chaparral on the weekends and C/Grundy replied on the weekends predominately and sometimes for practice. Those two fields were mostly scheduled for games from sunup to sundown every Saturday. C/Owens asked if the allocation meeting ran smoothly and if people were flexible and RS/McKitrick responded that everybody gets something. One group applied for field space this year that he JULY 24, 2014 PAGE 4 P&R COMMISSION could not provide but it was an adult soccer team that wanted to use a lighted field on a weekday and the City will not give a youth sports group the boot to accommodate adults; however, everybody gets a slice of the pie. Over the years there has been less and less wheeling and dealing. When he first started there was a lot of trading after the allocations and as he has had time on the job he has figured out what the larger groups need as opposed to what they ask. for and has noticed over the past couple of years there has not been any trading. The larger groups are generally happy with what they are getting and the smaller groups are happy to get anything. It is the middle of the pack groups that are the noisiest. C/Grundy asked which group was almost never happy and RS/McKitrick responded that it was the Diamond Bar Soccer League. C/Herndon reiterated that he has attended many of the field allocation meetings and said that RS/McKitrick and his crew do a phenomenal job given what they have to work with and he wants to get more fields to make their job easier. 2.2 Parks Report — PMS/Jordan Chair/Owens asked how the skate park safety equipment use was being monitored and CSD/Rose explained that the safety equipment is enforced by the Sheriffs Department. It appears that little, if any safety equipment is being used. Chair/Owens said he read about the fatal accident in Chino Hills and said he hated to see that happen. VC/Liang asked if the Water Conservation Bill impacted the parks and CSD/Rose said that staff was evaluating that issue at this time. Walnut Valley Water has not provided the City with any expectations and the district is still working with the voluntary conservation initiated by Governor Brown in January. There is a board meeting on Monday, July 28 after which there may be new direction. Walnut Valley Water has ordinances in place that allow them to declare different stages of urgency. If they follow the state's mandate of two -days of outdoor watering it would be a stage 3 alert and the City would have to comply with the two-day watering mandate which could create a significant impact to the parks. The website declaration is that Metropolitan Water District that provides the majority of water to the district was not intending to cut back their supply this year which prompted voluntary conservation. The state is dealing with a variety of issues. Some areas do not have water for outdoor irrigation and other areas have a sufficient amount of water because the water supply has not been dramatically affected. The reservoirs are having issues and if California has another year of drought the situation will be worse. Staff is monitoring water use and PMS/Jordan has instructed contractors to reduce watering by one day. Most of the park JULY 24, 2014 PAGE 5 P&R COMMISSION facilities are watered five days a week and downgrading to four days a week represents a 20 percent cut. Depending on the directive from the water district the City may need to set priorities for cutting back on some areas and continuing the schedule in other areas for the benefit of the community (parks and public use areas). C/Herndon asked if the beautification project design for the entrance to the eastern part of the City on Grand Avenue would require much water and. CSD/Rose explained that the landscaping the length of Grand Avenue will be drought tolerant and as such, the water usage will not increase. 2.2.1 Power Point presentation on Starshine and Ronald Reagan Parks Walkthroughs — PMS/Jordan. C/Grundy asked if the child on the slide was injured and PMS/Jordan responded that when the child grabbed the bar and swung down the bar came down and hit the child on the nose. The report indicated that the child was bleeding but PMS/Jordan said he was not aware of the extent of the injury other than what was reported. As of this date, the City has not received a notice of claim on the incident. C/Grundy asked about the grassy hill and wondered if it was necessary to have it covered in grass or could there be drought resistant plants on the slope in lieu of grass. PMS/Jordan said that there is always an opportunity to change out the grass and did not believe it needed to be grass; however, it is a matter of expense because it would require removal of the grass and reworking of the irrigation system which would represent a significant expense. It may become a necessary direction in the future depending on drought conditions in subsequent years. For example, as the City has been upgrading its medians, turf is removed and replaced by drought tolerant planting and given that the slope is not playable, it may be a direction staff will want to consider. C/Herndon asked if an easement wall could be constructed so the area could be leveled out for field use and PMS/Jordan responded that it depends on monies available. Chair/Owens acknowledged the presence of Council Member Lyons. 2.3 CIP Projects — CSD/Rose 2.3.1 Construction of Grandview Trail and Grandview Trail Link — CSD/Rose reported that this project has two different names because there are two separate grants funding it and each grant is JULY 24, 2014 PAGE 6 P&R COMMISSION for a different section of the trail, the Grandview Trail that goes down from the parking lot to the viewpoint and the link that -goes from that -trail over to the canyon loop. The project is under construction with change orders that have added a couple of weeks to the schedule with completion by mid-October. — --_ 2.3.2 Update on Status of Diamond Canyon Park — CSD/Rose said the project is moving forward and the contractor is preparing construction documents for location of amenities in the park for presentation to staff for purposes of obtaining grading permits. 2.3.3 Design of Heritage Park Improvements — CSD/Rose reported that the revised RFP was released on June 5. Staff received responses on July 10 which are currently under review. It is contemplated that staff will take this project to the City Council for award of contract the second meeting of September in order for staff to have adequate time to complete the review process. 2.3.4 Larkstone Park - CSD/Rose stated that there is some action on the housing development adjacent to South Point Middle School. Currently, there is grading taking place within the park site to remediate the landslide and once completed, it will determine whether there is a change in elevations that require revisions to the construction documents. It appears- that there may be some serious forward movement on this project in the next year. 2.3.4 Projects for the 2014/2015 Fiscal Year— CSD/Rose said that staff needs to go back to the City Council for approval of a contract for Star Dust and Longview South on August 5; send out an RFP for the Steep Canyon Trail, connector to the Canyon loop; and, work on the installation of the swing set for Longview North. Yesterday, staff learned that the State of California approved the staircase coming down from Pantera Drive to be funded with the grant money for the Pantera Park Trail Improvements. Staff will be sending out the RFP on this project for bids in the near future. Staff met with West Coast Arborists about the trees for the dog park. The best time to plant trees is around October and the second best time is around March so staff plans to move forward with this project in October. C/Grundy asked if the RFP for the Heritage Park Improvements included the disability access and playground equipment to which CSD/Rose responded affirmatively. C/Grundy asked the status of the ramp/steps from Pantera down to the dog park and CSD/Rose said that staff is doing the stairs. The dog park is officially ADA accessible already. JULY 24, 2014 PAGE 7 P&R COMMISSION Chair/Owens asked what the original budget was for the dog park and CSD/Rose said the first budget discussion was for $131,000 which consisted of using the California Conservation Corp for a lot of the labor and putting in DG walkways which was found to be unacceptable for ADA access so concrete was put in instead. This -- change increased the budget amount to $234,000 for the first phase. C/Herndon said he was amazed about how much dirt had been moved at the Lennar project. When the City was going through the park approval process he had a bit of difficulty visualizing how it would be done given the initial terrain. Now he can see that where the park will be is a much more usable area than he originally contemplated and Was pleased by the outcome. CSD/Rose said that the mass grading should be done sometime in August. CSD/Rose discussed the City of Industry project. 2.4 List of Pending Commission Requests — CSD/Rose reported that the work at Silver Tip Park is nearly complete and the project is budgeted for the CCC to come back and finish the wood steps to the concrete drain, etc. PMS/Jordan said that staff started a new contract and met with the Corp last week. Diamond Bar is on the CCC's calendar but staff does not yet have a definite start date; however, PMS/Jordan said he would anticipate he would have a date within the next month or so to finish the remaining trail work. CSD/Rose stated that staff met with PUSD regarding the MOU on July 8 and PUSD will let staff know when this project can move forward. Heritage Park will not go beyond conceptual plans until the Commission has had an opportunity to view the concept plans with the improvements included. 3. OLD BUSINESS: None 4. NEW BUSINESS: None 5. ANNOUNCEMENTS: C/Grundy said that staff's scheme used this year to open the fence at Lorbeer to provide greater access as well as, closing down Diamond Bar Boulevard significantly increased pedestrian access in spite of the inconvenience to vehicle traffic for the 4th of July Blast and he encouraged staff to consider the same scheme for next year if Lorbeer is the site of the event. He said he preferred Lorbeer over Diamond Bar High School because after the event was over it was very difficult getting through the school site in order to exit the site. The show was great and the event was very well executed this year. The 25 minutes JULY 24, 2014 PAGE S P&R COMMISSION of fireworks in celebration of 25 years was spectacular. C/Grundy said he was not able to attend any of this year's Concerts in the Park. Unfortunately, he has a physical therapy appointment with a shoulder specialist on Wednesday nights and is hoping to change his appointment night in August. C/Herndon said he appreciated staff's reports this evening. He attended the 4th of July Blast and it was great to see such a large turnout. He has been to some of the Concerts in the Park and staff is doing a great job with those events. He appreciates all of the work staff does. Next month he will not be available for the Commission meeting. VC/Liang apologized for not making it to the 4th of July Blast due to a family emergency but as usual, staff did a wonderful job. Chair/Owens said that this is the first 4th of July event he has missed in several years and unfortunately, he missed one of the best. He apologized for not being available on the first of July because he and his wife had plans for their anniversary on that day. He thanked staff for providing informative Power Point presentations. ADJOURNMENT: With no one objecting and no further business before the Parks and Recreation Commission, Chair/Owens adjourned the meeting at 8:08 p.m. The foregoing minutes are hereby approved this 2nd day of September , 2014. Respe ul bmitted, r B ,SECRETARY Attest: C)7--'� TED OWENS, CHAIRMAN MINUTES OF THE CITY OF DIAMOND BAR MEETING OF THE PLANNING COMMISSION JULY 22, 2014 , CALL TO ORDER: Agenda No. 6.3 Chairman Frank Farago called the meeting to order at 7:00 p.m. in the City Hall Windmill Room, 21810 Copley Drive, Diamond Bar, CA 91765. PLEDGE OF ALLEGIANCE: Commissioner Low led the Pledge of Allegiance. 1. ROLL CALL: Present: Commissioners Jimmy Lin, Ruth Low, Peter Pirritano, and Chairman Franc Farago Absent: Vice Chairman Jack Shah was excused Also present: Greg Gubman, Community Development Director; James Eggart, City Attorney; Grace Lee, Senior Planner; Natalie T. Espinoza, Assistant Planner; and Josue Espino, Assistant Planner. 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMS -NTS: None 3. APPROVAL OF AGENDA: As presented 4. CONSENT CALENDAR: 4.1 Minutes of the June 24, 2014, Regular Meeting. C/Lin moved, Chair/Farago seconded, to approve the June 24, 2014, Regular Meeting minutes as presented. Motion carried by the following Roll Call vote: AYES: NOES: ABSTAIN: ABSENT: 5. OLD BUSINESS: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: None 6. NEW BUSINESS: None Lin, Pirritano, Chair/Farago None Low VC/Shaw JULY 22, 2014 PAGE 2 PLANNING COMMISSION 7, PUBLIC HEARING(S): 7.1 Development Review and Minor Conditional Use Permit No. PL2014-139 - Under the authority of Diamond Bar Municipal Code Sections 22.48 and 22.56, the applicant and property owner requested Development Review approval to construct a 1,183 square foot, second - story addition to an existing 1,708 square foot, one-story, single family residence on a 10,310 gross square foot (0.24 gross acres) lot. A Minor Conditional Use Permit was requested to allow a second -story addition to an existing non -conforming structure. The subject property is zoned Low - Medium Density Residential (RLM) with an underlying General Plan land use designation of Low Density Residential (RL). PROJECT ADDRESS: 1809 Cliffbranch Drive Diamond Bar, CA 91765 PROPERTY OWNER: Huifei Shang 2641 Shady Ridge Lane Diamond Bar, CA 91765 APPLICANT: Jason Bin 9330 Bistro Place Rancho Cucamonga, CA 91730 AP/Espino presented staff's report and recommended Planning Commission approval of Development Review No. PL2014-139 based on the Findings of Fact, and subject to the conditions of approval as listed within the resolution. AP/Espino responded to written questions from neighboring residents: 1) Will the property be owner -occupied or rented? The applicant has indicated that the property will be owner -occupied; 2) Concerns about design and construction of the house. As indicated in the presentation, the design will have Mediterranean influences and meet the current standards, and concerns about ornamental features being placed at the front of the home in the front yard area — there are none; 3) how long will the project take and if not finished in a timely manner, what are the remedies? In consultation with Building and Safety staff, there are periodic inspections for this and all types of developments and the project will take about 8 to 10 months from start of construction to final permit signoff. In addition, if the project is not finished in a timely fashion in accordance with timely inspections, fines and further legal remedies can be imposed, if necessary,- 4) ecessary;4) Will parking on the street be impacted? In consultation with the JULY 22, 2014 PAGE 3 . PLANNING COMMISSION applicants, they have not yet selected a contractor; however, it is estimated that there will be about 10 crew members working on this project with 2-4 vehicles visiting the site on a daily basis to transport workers. Construction activities are limited to 7:00 a.m. to 7:00 p.m. Monday through Saturday. With respect to safety, staff has conditioned the project to wit that all equipment staging areas shall be located on the project site and that the project site and staging area including material stockpiling and equipment storage area will be enclosed by a six foot high chain link fence and all access points in the fence shall be locked whenever the construction site is not supervised and the sidewalk will remain unobstructed. 5) Does the existing structure have asbestos? The designer indicated that the existing house does not have asbestos and in addition, the South Coast Air Quality Management District (SCAQMD) notification is required 10 days prior to any demolition and the contractor must certify that there is no threat of asbestos contamination. Proof of notification is required at permit issuance. C/Low asked about the letter from a neighbor that addressed a slope that slid and asked if those issues were implicated by this project to which AP/Espino responded that based on the proposed project, the extension of . five feet to the building pad will be approximately 66 feet away from the rear property line and staff does not anticipate any issues with the extension and the project will be reviewed by the Building and Safety and Public Works staff to make sure it complies with the Code standards. CDD/Gubman further stated that this issue is also addressed in the Conditions of Approval on Pages 12 and 13 of the Draft Resolution. Condition 9 on Page 13 includes the requirement for a soils report to be prepared by a licensed Soils Engineer. If there are any soil stability issues or recommended remediation provided in the soils report, the City's consultant engineer would review the report for adequacy and ensure that those recommendations are incorporated into the development. In short, there are Code requirement to ensure that this site will be brought into a factor of safety in terms of ground stability before building permits would be issued to build the structure. C/Low asked if there were retaining walls in place or contemplated and AP/Espino responded that there is a proposed retaining wall to extend the pad by five feet.. C/Lin asked if the City could impose indemnification from one property to another property and AP/Espino said he was not sure that indemnity was the correct term. The Planning Commission is not able to create an enforceable obligation by a third property against the property owner. If one property owner takes action that causes physical damage to another property there are civil legal remedies available and the owner would be JULY 22, 2014 PAGE 4 PLANNING COMMISSION liable if the damage was negligently caused. Adding such a clause in the project Conditions of Approval would ,have. no affect on the third party's ability to recover or not. However, the applicant could be put on notice that there were potential issues. Chair/Farago asked if property upgrades wduld proceed through the usual engineering channels to make sure there are no future problems to which AP/Espino responded that Chair/Farago's assumption was correct. C/Low asked for confirmation that the answers to the questions were simply for informational purposes to the individuals who presented the letters and provide no warranties of any sort to which AP/Espino responded that C/Low was correct. C/Low asked if the City had the ability to regulate the status of the occupancy (Question 1) and AP/Espino said that his answer was provided for information purposes only. CDD/Gubman further stated that C/Low was correct and that the issue was addressed in staff's report where it says that the owner states that the property will be owner -occupied. At this point the City cannot forbid them from renting it out in the future. The City has restrictions on converting a single family residence into a boarding house where there are multiple rental agreements but renting out the house as a single family residence is not something the City can forbid the property . owner from doing. Chair/Farago opened the public hearing. Marilyn Peters, 1769 Cliffbranch Drive, said she was opposed to this project and doubted that the owner would occupy the residence. Within the 1,000 foot radius there are 10 or 11 houses, four of which are rentals including the project site which is not currently owner -occupied. Three others are rentals, two of which are fraternity rentals. At any given time there are 8, 10 or 20 extra cars between those two houses, depending on the type of gathering which brings noise, traffic, etc., to the neighborhood. Across from her house is a boarding house. Simon Cao, speaking on behalf of his wife who owns the house said that his son lives in the house and Mr. Cao and his wife want to update the home for their son for his future. There is no plan to rent the house. Jennifer Kottke, 21409 Running River Court, said she was very concerned about the project because she has had many issues with homes in the area. On any given night she counts 17-20 cars and people coming and going to and from the fraternity houses throughout the night. She understands there is an attempt to add square footage to the home but believes the intent of JULY 22, 2014 PAGE 5 PLANNING COMMISSION the addition is something other than what has been stated. Her neighborhood is doing everything possible to advocate for families and their children. She recounted several incidents and said she was baffled about why one individual needs a 2800 square foot house. Her home consists of 2300 square feet and serves five family members. She asked for a definition of "Low -Medium Density." Marjorie EI Solo, 1801 Cliffbranch Drive, said she lives next door to the project site and there is only 10 feet between the two houses. She is concerned about people renting their houses out to fraternities and students in her area which brings a lot of traffic to her neighborhood. She wondered why a single person would want to add 1100 square feet to their house. She was also concerned about the loss of view from her daughter's room. Jason Bin, applicant/designer, explained that the client bought this property last year for the view. His client lives in "The Country Estates" and bought this property for their son as a gift. His client will spend $200,000 to $300,000 for this project and would not want to risk that kind of money on a rental. Sam Barns, 1730 Leading Pine Drive, said he was concerned about people violating the City's ordinances when they rent places to multiple unrelated occupants. He asked if Diamond Bar had an ordinance that states single family homes can only be rented to single families and whether the City could impose a condition that this property could not be rented out to multiple unrelated individuals. Chair/Farago asked staff to readdress the ordinance for the project area. CDD/Gubman responded that the City's Development Code in the single family residential zones in which the project site is located, prohibits boarding houses and the definition of a boarding house is a dwelling unit that is rented out under more than one rental agreement and there could be several unrelated persons renting under a single family rental agreement which would be permitted. However, the distinction is that the makeup of the household has to be dictated by the renter, not by the landlord. In other words, the landlord cannot enter into multiple rental agreements. There is a burden of proof that would have to be met to obtain evidence that there are multiple rental agreements in effect for a particular property. If there are several people renting under one rental agreement, related or not, is something that is permitted. Chair/Farago asked if there was a limit to the number of unrelated occupants in a single property and CDD/Gubman JULY 22, 2014 PAGE 6 PLANNING COMMISSION responded no. If it is a regular household and not a daycare or boarding house facility, the City is not allowed to look at it differently than a large family. CA/Eggart stated that to clarify, boarding houses are illegal and the renting of separate rooms to separate individuals under separate rental agreements would constitute a boarding house and would not be allowed; however, what the speaker was describing would not be permitted and would be illegal. What the City cannot do is regulate the occupancy under state law and court cases can only enforce occupancy limits based on building code which would technically allow many more people than would ever live in a house. It is not a real enforcement tool and cities have tried but have been struck down by the courts when attempting to enforce occupancy limits. C/Low asked staff to comment on the speaker's request for the definition ,of "Low Density Residential" and CDD/Gubman responded that it refers to how many dwelling units are permitted per acre and has no correlation to the number of persons per household. C/Low asked if the City allowed boarding houses and CDD/Gubman responded that boarding houses are allowed only in multi -family zones and this land use requires Conditional Use Permits and business licenses. AP/Espino responded to Mr. Barns' inquiry about monitoring uses that the City's Code Enforcement department responds to homeowner complaints to the best of their ability and tends to investigate alleged violations of the City's Municipal Code. CDD/Gubman cited examples of alleged fraternity houses on Cliffbranch Drive and to find such evidence he contacted CalPoly officials — specifically the University'Police and the Office of Greek Life with information he had on names of tenants who lived at the houses and ran license plates of the cars parked on the street to see if there was any correlation or affiliation with those individuals with any Greek organizations. If he was able to find evidence that they were affiliated with a fraternity and they were operating an unsanctioned fraternity house, the City would then have probable cause to enforce the boarding house restriction. Staff found no connection between the individuals renting those units and any college fraternity or organization that would suggest that this is a group home. For lack of evidence, staff could not say that this was simply a house being rented out to several students and the other indication that the household chores are being shared among all members of the household. Other than the problems with the number of vehicles and complaints of partying (one call to the Sheriff's Department) there was no basis for the City to allege JULY 22, 2014 PAGE 7 PLANNING COMMISSION that they were operating as a boarding house rather than as a single household. Simon Cao said he understood everyone's concerns but said it would not make sense to go through an extensive and costly remodel just to rent out the property and have a bunch of kids damage the house. He believes that by having a better house in the neighborhood it would increase the value of the surrounding homes. He reiterated that he and his wife wanted to give their son a better house and would like to have the home available for retirement and enjoy his home and his neighbors. Again, there is no such plan to rent out this house. Jennifer Kottke commented that it is not uncommon for houses to be flipped and sold. She encouraged the City to think about the quality of living. Her street is very busy and has speed bumps. Her children cannot play in the front yard with their bikes because it is too dangerous. There are numerous sub -renters in her neighborhood and she would like for the City to consider a renter code restrictions. Chair/Farago closed the public hearing. Chair/Farago asked if staff could make any recommendations to residents that might help them solve neighborhood issues unrelated to this particular project site. CDD/Gubman said that with respect to traffic, if cars are parked legally on a public street there is not much that can help that situation. The City requires garages to provide space for two vehicles and there is citywide non-compliance with that requirement. Staff could enforce this issue if there was probable cause to inspect garages. Beyond that, there is no solution to offer. If tenants or residents are creating a nuisance or are menacing, residents/neighbors are encouraged to immediately call the Sheriff's Department and they will respond to calls.if there is suspicious activity. If there are loud parties and breaking glass, the Sheriff's Department should be called at the very least to build a record for pursuing other enforcement tools. During the past three years there were three calls to the Sheriff's Department, only one of which was for nuisance reasons. If a particular house becomes a drain on public resources that provides more ammunition to deal with the landlords on how they are managing their properties. C/Low said that it was clear that these property owners and residents care very much about their neighborhoods and want them to be safe and pleasant which is why people move to Diamond Bar and remain in the City. She has not heard any evidence about this particular residence and its owner. All of the complaints were about other residences in the JULY 22, 2014 neighborhood. Frankly, she does not see how the Commission can tie other properties tenants' bad behavior to this property owner/tenant. In fact, she has heard no complaints about this property owner and the resident and it would be unfair to consider placing restrictions when nothing untoward has occurred. The property owner is spending a significant amount of money to improve his property which does nothing except to increase the value of that residence. Moreover, no comparison of this project to fraternity houses has been offered. Rather, it appears to be the opposite. Unfortunately, there is no inherent right to a view so no conditions can be applied to that issue. Despite the problems in the neighborhood, those problems are not connected to this property. C/Lin spoke about the responsibilities of the Planning Commission, view issues, and confirmed with CDD/Gubman and AP/Espino the monitoring of the soils conditions. AP/Espino reiterated that there will be a four foot retaining wall built to support the pad and that there is an existing retaining wall at the rear of the pad which will be demolished and replaced by a retaining wall five feet out toward the rear (Section as on the bottom right of Page Al) C/Lin moved, C/Pirritano seconded, to approve Development Review and M;ror Conditional Use Permit No. PL2014-139, based on the Findings of Fact, and subject to the conditions of approval as listed within the resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Lin, Low, Pirritano, Chair/Farago NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: VC/Shah 7.2 Development Review No. 2014-269 — Under the authority of Diamond Bar Municipal Code Section 22.48, the applicant/property owner requested approval to construct a 924 square foot, two-story addition to an existing one-story, single family residence on a 8100 gross square foot (0.19 gross acres) lot. The subject property is zoned Low Density Residential (RL) with a consistent underlying General Plan land use designation of Low Density Residential (RL). PROJECT ADDRESS PROPERTY OWNER/ APPLICANT: 419 Bregante Drive Diamond Bar, CA 91765 Ernestina Fleig 419 Bregante Drive Diamond Bar, CA 91765 JULY 22, 2014 PAGE 9 PLANNING COMMISSION AP/Espino presented staffs report and recommended Planning Commission approval of Development Review No. PL2014-269, based on. the Findings of Fact, and subject to the conditions of approval as listed within the resolution. Chair/Farago opened the Public Hearing. Ernestina Fleig, property owner and applicant, said that she is moving her mother and possibly her in-laws in the future into the house and to accommodate that move she is requesting this approval of the addition. Chair/Farago closed the public hearing. C/Low said she felt this was a nice addition and was within the scale of the neighborhood. C/Lin said he was happy about what the applicant was doing for her mother C/Low moved, C/Lin seconded, to approve Development Review No. PL2014-269, based on the Findings of Fact, and subject to the conditions of approval as listed within the resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Lin, Low, Pirritano, Chair/Farago NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: VC/Shah ' 7.3 Development Review and Minor Conditional Use Permit No. PL2014-137 — Under the authority of Diamond Bar Municipal Code Sections 22.48 and 22.56, the applicant and property owner requested Development Review approval to construct a 1,197 square foot, two-story addition to an existing 1,597 square foot, two-story, single family residence, on a 7,693 gross square foot (0.18 gross acres) lot. A Minor Conditional Use Permit was requested to allow a second -story addition to an existing non -conforming structure. The subject property is zoned Low -Medium Density Residential (RLM) with an underlying General Plan land use designation of Low Density Residential (RL). PROJECT ADDRESS: 504 Jon Court Diamond Bar. CA 91765 JULY 22, 2014 PAGE 10 PLANNING COMMISSION PROPERTY OWNER: David D. Siu 9500 Brockway Street EI Monte, CA 91733 APPLICANT: Myung Chung 9040 Telsar Avenue, Suite 105 EI Monte, CA 91731 AP/Espino presented staff's report and recommended Planning Commission approval of Development Review and Minor Conditional Use Permit No. PL2014-137, based on the Findings of Fact, and subject to the conditions of approval as listed within the resolution. C11 -ow asked if there were any special regulations with respect to size, etc., of the shed and AP/Espino responded that the maximum size for a detached shed is 30 percent of the rear yard area. In this case, the shed area of 120 square feet complies with the code. The maximum height is 15 feet and the shed is proposed to be 12 feet. The setbacks are five feet from the rear and side so the shed complies with all of the development standards. Chair/Farago opened the public hearing. Myung Chung, project architect, said he appreciated staff's report. At the beginning of the project he consulted with SP/Lee and confirmed that there were no major issues. The issues are mainly on the side and rear, and the project will maintain the same number of bedrooms while creating more space to make them more comfortable. In addition, the living and dining area will be extended to make those areas more comfortable. The swimming pool was removed to make the rear yard useable and added the shed for storage. He asked for the Commission's approval to move forward with the project. C/Lin asked if the property owner currently resides in the house and Mr. Chung responded that they were waiting for the renovation to be completed prior to moving in and that they were living off-site in the meantime. Bob Runzell, 510 Jon Court, said he was concerned about the south facing part of the new project. The back of his house is the front of their house and he is concerned about upper level windows overlooking his pool and backyard and interrupting his privacy and if the applicant is allowed to install windows, can the applicant plant mature trees to block the view. In addition, when the applicant starts grading the property it will push the land toward JULY 22, 2014 PAGE 11 PLANNING COMMISSION his pool because it is within four feet of the wall. He hoped the shared hedge would not be destroyed. He felt that otherwise, it was a very nice upgrade for the neighborhood. Mr. Chung responded to the speaker that they purposely put the closet and bathroom on that side so that no one would be looking down onto the neighbor's property and he will talk with his client about planting screening trees in strategic locations between the properties. As far as the foundation of the project addition, it is 10 feet from the property line and there will be a two -foot foundation and the 45 degree angle will be way below the level of the neighbors swimming pool surcharge line so there should be no problem with the grading. He said he believed the applicant would work with the neighbor to maintain a beneficial relationship and property- Chair/Farago closed the public hearing C/Low thanked the applicant and speaker for working together and said she believed that if each neighbor planted a tree it would benefit the properties and the community. C/Pirritano moved, C/Low seconded, to approve Development Review and Minor Conditional Use Permit No. PL2014-137, based on the Findings of Fact, and subject to the conditions of approval as listed within the resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Lin, Low, Pirritano, Chair/Farago NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: VC/Shah 7.4 Development Review and Minor Conditional Use No. PL2013-540 — Under the authority of Diamond Bar Municipal Code Sections 22.48 and 22.56, the applicant and property owner requested Development Review approval for a two-story addition consisting of 1,022 square feet of floor area and 108 square feet of patio/balcony area to an existing two-story 2000.5 square -foot single family residence with an attached 696.5 square foot garage and 340 square feet of patio/balcony area on a 7,301 gross square -foot (0.17 gross acres) lot. A Minor Conditional Use Permit was requested for the continuance of a nonconforming front setback of 15 feet (20 feet is required). The subject property is zoned Low Density Residential (RL) with a consistent underlying General Plan land use designation of Low Density Residential. JULY 22, 2014 PAGE 12 PLANNING COMMISSION PROJECT ADDRESS: PROPERTY OWNER: 2930 Ohan Court Diamond Bar, CA.91765 Asif Musavvir 2930 Ohan Court Diamond bar, CA 91765 APPLICANT: Fred Herzog 4351 E. Alderdale Avenue Anaheim, CA 92807 AP/Espinoza presented staff's report and recommended Planning Commission approval of Development Review and Minor Conditional Use Permit No. PL2013-540, based on the Findings of Fact, and subject to the conditions of approval as listed within the resolution. Chair/Farago opened the public hearing. Applicant Fred Herzog said he designed the project and has reworked the project to maintain the design and fulfill the obligations for the neighborhood. He did the best he could to work with the odd shape of the property to fulfill the client's requirements to increase the value of the area. Chair/Farago closed the public hearing. C/Lin said he felt it was a very nice project and liked the improvements C/Lin moved, C/Pirritano seconded, to approve Development Review and Minor Conditional Use Permit No. PL2013-540, based on the Findings of Fact, and subject to the conditions of approval as listed within the resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Lin, Low, Pirritano, Chair/Farago NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: VC/Shah 7.5 . Development Review and Minor Conditional Use Permit No. PL2010-90 Under the authority of Diamond Bar Municipal Code Sections 22.48 and 22.56, the applicant and property owners requested development Review approval to construct a two-story addition consisting of 5,324 square feet of living area, a 1,098 square foot garage, and 1,427 square feet or patio/balcony area to an existing 2,838 square foot, single family residence on a 51,836 gross square foot (1.19 gross acres) lot. A Minor Conditional JULY 22, 2014 PAGE 13 PLANNING COMMISSION Use Permitwasrequested for the continuance of a nonconforming front setback of 20' 2" (30 feet is required). The subject property is zoned Rural Residential (RR) with a consistent underlying General Plan land use designation of Rural Residential. PROJECT ADDRESS: PROPERTY OWNER: 2366 Clear Creek Lane Diamond Bar, CA 91765 Lawrence and Henrietta Ogbechie 2366 Clear Creek Lane Diamond Bar, CA 91765 APPLICANT: Pete Volbeda 180 N. Benson Avenue, Suite D Upland, CA 91786 AP/Espinoza presented staff's report and recommended Planning Commission approval of Development Review and Minor Conditional Use Permit No. PL2010-90, based on the findings of Fact, and subject to the conditions of approval as listed within the resolution. C/Low asked for clarification of the removal of the balconies in the front because they encroach into the front setback and why the balcony on the other side of the door was not slated for removal. AP/Espinoza explained that the balcony on the left side of the door is further set back than the balconies near the garage. C/Low asked about the effect on the design and AP/Espinoza explained that the remaining balcony was included in the new design because it does not encroach into the setback. She spoke with the architect regarding the condition to which he agreed. C/Lin said he counted nine revisions to the upgrades for the home and asked if those were all from the same owner to which AP/Espinoza responded that they were and further stated that part of the reason this project has taken so long to work through is that there was some delay in submitting the retaining walls and the property owners changed their minds about the design of the project and proceeded with several redesigns since 2010. C/Lin said that actually, this project has been in the works since 2006. AP/Espinoza said she acquired this project in 2010 and speaks only for that period of time. C/Lin asked if the retaining wall was built and AP/Espinoza said that when the inspector visited the site, he notice unpermitted grading on the side which prompted staff to require the applicant to build retaining walls so that there would not be any issues with the unpermitted grading. The retaining walls have been constructed. JULY 22, 2014 PAGE 14 PLANNING COMMISSION 91 E Chair/Farago opened the public hearing. Architect Pete Volbeda said that he is glad to be getting this design to the next stage of plan check. Initially, he worked on a one-story house and the property owner decided they wanted a two-story house and he redesigned the project for a two-story home. The kitchen and family room portions have been improved under a separate permit. Chair/Farago closed the public hearing. Chair/Farago and C/Pirritano complimented Mr. Volbeda on the design. C/Pirritano move, C/Low seconded, to approve Development Review and Minor Conditional Use Permit No. PL2010-90, based on the Findings of Fact, and subject to the conditions of approval as listed within the resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: Lin, Low, Pirritano, Chair/Farago None VC/Shah PLANNING COMMISSIONER COMMENTS/INFORMATIONAL ITEMS: C/Lin asked if the fitness center the Commission approved is still under construction and CDD/Gubman responded that it was. There is a trailer in the parking lot taking membership and staff is attempting to keep the signage under control. C/Low thanked staff for helping the Commission work through a difficult agenda. Chair/Farago, C/Lin and C/Pirritano concurred with C/Low. STAFF COMMENTS/INFORMATIONAL ITEMS: 9.1 Public Hearing dates for future projects. CDD/Gubman stated that the Commission's next meeting is scheduled for August 12 for which there are two items currently on the agenda including a new single family home at 2626 Wagon Train in "The Country Estates" and an addition to an existing residence at 846 Adamsgrove Avenue. JULY 22, 2014 PAGE 15 PLANNING COMMISSION CDD/Gubman further stated that in anticipation of the turnout for the Cliffbranch project he asked Lt. Tony Tachias to come to tonight's meeting and observed that after that item concluded (7.1) he hosted a neighborhood meeting in the lobby to hopefully impart to the residents the importance of reporting their observations. The more the Sheriff's Department is called to the area the more teeth it gives them and staff for increased enforcement activity to keep some of the negative behavior quelled. CDD/Gubman reported that the Willow Heights project is moving forward. The mass grading of the site is nearing conclusion which is expected to conclude about the first of August. Crib walls have been installed and have been designed to accommodate plantings and will disappear over time as the landscaping matures and as homes are developed in the foreground. The City Council approved the final design for the park last month as well as, the name for the park which will be "Diamond Canyon" so the park improvement plans will now move forward. There is a committee that includes Commissioner Low and members of staff who will work together with the landscape architect to come up with the landmark entry monument design that is part of the subdivision requirement. CDD/Gubman said that the Grand Avenue Beautification Project design components were green lighted by the City Council and construction documents have been submitted to CalTrans. Staff is looking at a construction start date immediately following the holidays in the new year for the intersections of Grand Avenue and Diamond Bar Boulevard, and Grand Avenue and Longview Drive moving forward with flat work, landscaping, street furnishings and other aesthetic upgrades including replacing the signal masts with decorative fixtures. In addition, the new streetscape design elements will be introduced at Diamond Bar Boulevard and Brea Canyon Road as part of the Willow Heights project as well as, inclusion of some of the features incorporated into the frontage of the Willow Heights project. As a follow up to the project, staff is working with its consultants to develop a streetscape design manual so that all future developments and key intersections will include these key designs as money and projects become available. Finally, this process may lead to a streetscape master plan as part of the City's General Plan so that the City eventually comes up with a streetscape framework to give Diamond Bar an identity. CDD/Gubman updated the Commission on the status of the Shell Station project which is moving forward with some bureaucratic impediment. The current owner has signed 7 -Eleven and 7 -Eleven has certain criteria for JULY 22, 2014 PAGE 16 PLANNING COMMISSION parking spaces at the front door of the station which was not previously anticipated and requires reconfiguration of the design. The City and Health Department approved all of the plans for the Walmart Neighborhood Market. Demolition permits were issued for the foundation and the work has begun. When building permits are pulled for tenant improvements, the plans are signed and stamped and ready to go and opening is scheduled for March/April 2015. CDD/Gubman said that in addition to the above projects, staff is close to signing an agreement with the center to have the City take control of the windmill through an easement agreement in orderto produce the monument in perpetuity, upgrade the interpretive plaque and information as well as, other furnishings around the windmill. It is staff's hope that this will provide an introduction to the modernization and refreshing of the City's streetscapes. C/Low asked if the East 180 property had been released. CDD/Gubman responded that staff issued a business license yesterday for a Japanese Fusion restaurant which should be opening soon. C/Pirritano said that Diamond Bar needs a good Italian restaurant and C/Low agreed. Chair/Farago said it appeared that the new tire store was struggling with their grading. CDD/Gubman responded that unfortunately, they found contamination from the gas station that previously occupied the site and the remediation was not sufficient to close the site for further development and they are working through the process to get the site free of contaminates to a sufficient degree for sign off for the reuse of the property. C/Pirritano asked if there was movement on the Honda site and CDD/Gubman explained that the City has contracted with Kosmont & Associates, an economic development consultant to help market the site and work with the property owner and the City has purchased ad space in trade publications that will be published in August to promote the site for hotel development. 10. SCHEDULE OF FUTURE EVENTS: As listed in tonight's agenda. JULY 22, 2014 PAGE 17 PLANNING COMMISSION ADJOURNMENT: With no further business before the Planning Commission, Chair/Farago adjourned the regular meeting at 8:56 p.m. The foregoing minutes are hereby approved this 12th day of August, 2014. Attest: Respectfully Submitted, Greg Gubman Community Development Director CITY COUNCIL Agenda # 6.4 Meeting Date: September 16, 2014 AGENDA REPORT TO: Honorable Mayor and Members of the City Council FROM: James DeStefano, City Man TITLE: Ratification of Check Register date August 28, 2014 10, 2014 totaling $ 694,926.20 RECOMMENDATION: Ratify. FINANCIAL IMPACT: Expenditure of $ 694,926.20 in City funds. BACKGROUND: through September 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 August 28, 2014 through September 10, 2014 for $ 694,926.20 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: Luisa Allen Accounting Technician REVIEW,EyD BY: d p�y� zffc l e Finance Director Attachments: Affidavit and Check Register — 08/28/14 through 09/10/14. CITY OF DIAMOND BAR CHECK REGISTER AFFIDAVIT The attached listings of demands, invoices, and claims in the form of a check register including checks dated August 28, 2014 through September 10, 2014 has been audited and is certified as accurate. Payments have been allowed from the following funds in these amounts: Description General Fund Prop A - Transit Fund Prop C - Transit Tax Fund Intergrated Waste Management Fund Com Dev Block Grant Fund Peg Fees Fund LLAD 38 Fund LLAD 39 Fund LLAD 41 Fund Capital Imp Projects Fund Signed: Dianna Honeywell Finance Director Amount $497,322.21 $89,014.68 $5,563.93 $10,980.77 $1,398.60 $3,899.85 $12,403.84 $12,052.62 $4,867.76 $57,421.94 $694,926.20 N E m o 0 0000 0 0 0 o mmmm o 0 000 0 o Mm Z 'aO m m io oMom o o mmmio 0 0 000 o Myo ul M O C (•l ri O N O N I(1 C L� C Ill O h O1 O O O I(1 Ifl O O C !+1 1p l� I(1 O1 m O m o rl I(1 l0 m m m IO m l� L` C m (` N O N N O Ifl Ill o Ifl 1+1 a' � M N Ifl C N N Ill rl I Ifl Ill N N N C Ill H N M N N ID N W w N N ri N W WH u U a� 0 0 0 0 0 00 0 0 0 0 0 0 0 0 0 00000 0 0 0 0 0 0 0 00 0 0 0 0 0 00 00000 0 0 00 E 0 0 0 0 0 0 0 0000 0 0 0 0 0 0 0000 0 0 00000 0 0 00 w W a EC w H E u u w uuu m o a w w W gWgw H u u H w m �a HES aEw S w w YI w W m> w m a 0 0 0 �a �a 1 o H as m o r Fa 1 w a a F i Q w a pp2 www w a w uzzu zaa \ w w M H q H I I I I U a a a W w w .2 z H m z mmm z V 1 1 1 1 a a a z U 1 O 1 w o z O u u u O ' W m m a w H U o H >>> H F u u u u N N w O H H H H w F Pi V] o a q a Pi a a a aaa a w a w w HFF o w x H F H H HHH a a Ri w z z z w p F w w w w H H q 1 a x U z U U a U U U a z U a U U HHH U 2 0000 U U z p o N 1 1 q m F 3 µ w O u 2 w µ.' w x www w µ a x W w aaa a U a a a a w w w w w m F a z N W o z N O rL W H w ll1 l/l w Q W 'li {>1 b G N H > H M O Ifl l+l O Ifl O O O O O O O O O O O In q In N m c N In m m m In M .i .-I N m \ M M N O C N !+1 000 M ONNN O �H q O q In w w a a N w ca c In wln ul ul a H O `j`j,� ri N N N N N Ifl ri rl N N N Ifl N rl ri ri ri o o N N N N N N ri ri Q I O ',J O o O O O N OO o O O N O O. 000 00 O O 00 W O O O O O O N 000 O O O N O O 000 O O 0000 O O 00 O WF O H H H H (9 V m U H u w O W H vl q E Q U 00 w rad' U w y FC O H ay' W W [k z U zH O a r� aaa z H H H H w a a N y 0 w !qRR N NH HH o r( w W W U U UIF-I E a w a a 3 3 a o �. m Q g Q Q X W X m C� qH w 4' q uwl awl nG Q w u zzz HHH 4 a µ q q r m m m v w www a o 0 o aaa a' a µ' h' z z � 4 H w rL it w a a H q aaaa 0 0 0 0 w aa'' o o w w w w w a s H W r7 W x H � zzz H a' a µ' H H X X v z rj y' a rC K HHH w w Q U U U U V cn n q U U U u U q Q W W A rj W q II µ' rj Q rH� µH' µ' E U W L a 2 Q µ O O a' a' U 2 ro O a r q o w aaa a w µ fWA 0.wl .] Im+ W W ro q w H a >C Q x www H u 0 u uC tk zzz O 5 z z z z a a X[ rr�� UI H w H m u V V w I I� H w µ' a H HH a' x z z z z W W W w w w a w a s X k [z� WWW W i x a W W W O S W W Q m O Q Q Q [J w Q N N N ri ri r1 N N N N N N N ri rl rl i-I rl N N N N N N N N .-i ri ri N I.] m m m m m m m mmm m m m m c0 m mmm m m m m m m m 0 c0 c0 G Ifl y' � N N N N N N N N N N N N N N N N N N N N N NNNN N N N N z 4\ W vl m m m m mmm m m mmm m m mmmm H LM 2 H 0 0 0 O O O O 000 0 0 0 0 0 0 000 O O 0000 o O 00 W CI H H Q z O N M m E c w O m . m m . . . m mmm . m m m m m mmm m m mmmm m m N W H Yi N N N N N N N NNN N N N N N N NNN N N NNNN N N f+l f+l o m F w o U m m m m m m m mmm m m m m m m mmm m m mmmm m m m m Na HW o W o 0 0 0 o a 0 000 0 0 0 0 0 0 000 0 0 0000 0 0 00 F \ •' 4i a x rl ri N N N N ri .-i rl ri N N N N N N N N N N ri ri ri ri ri N N N N UU I U U U U WON ama, Q x x x oz u q o o o 0 0 0 0 0 0 0 0 o a o 0 0 0 0 0 0 0 o a 0 0 0 0 0 o a o 0 0 0 V W W WV O x o 0 0 0 0 0 0 .. 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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: Susan Full, Senior Accountant REVIEWED BY: L- 6 Dianna Honeywell, Finance Di for Attachments: Treasurer's Statement, Investment Portfolio Report CITY OF DIAMOND BAR - CITY TREASURER'S REPORT CASH BALANCE AS OF JULY 31, 2014 BEGINNING CASH BALANCE $28,345,997.92 CASH RECEIVED Cash Receipts $1,490,490:07 Total Cash Received $1,490,490.07 $29,836,487.99 EXPENDITURES Checks Written ($2,639,990.46) Payroll Transfers (368,454.65) Wire Transfers 0.00 Returned Checks (1,196.96) Charge Card Fees & Other Adjustments (5,227.46) Total Expenditures ($3,014,869.53) CASH BALANCE AS OF: JULY 31, 2014 $26,821,618.46 TOTAL CASH BREAKDOWN Active Funds General Account $40,794.88 Payroll Account $214,436.42 Change Fund $1,000.00 Petty Cash Account $500.00 Cash With Fiscal Agent $3.79 Unamortized Discount on Investments $27,468.36 Total Active Funds $284,203.45 Investment Funds: Local Agency Investment Fund $7,238,800.85 Federal Agency Callable $11,223,594.95 Bank Negotiable CDs $7,685,936.69 Wells Fargo Advantage Money Market Fund $389,082.52 Total Investment Funds $26,537,415.01 CASH BALANCE AS OF: JULY 31, 2014 $26,821,618.46 Average Yield to Maturity 0.911% FY2014-15 Year -To -Date Interest Earnings $18,128.69 FY2014-15 Budgeted Annual Interest Earnings $177,200.00 CITY OF DIAMOND BAR INVESTMENT PORTFOLIO SUMMARY REPORT for the Month of July 31, 2014 PERCENT OF DAYS TO INVESTMENTS BOOK VALUE PORTFOLIO TERM MATURITY YIELD TO MATURITY Local Agency Investment Fund $7,238,800.85 27.28% 1 1 0.228 Federal Agency Issues - Callable $11,223,594.95 42.29% 1,612 906 1.090 Negotiable CD's - Banks $7,685,936.69 28.96% 1,537 1,212 1.338 Wells Fargo Sweep Account $389,082.52 1.47% 1 1 0.010 Total Investments and Averages $26,537,415.01 100.00% 1131 735 0.911 TOTALS $26,537,415.01 100.00% N/A N/A N/A MONTH ENDING FISCAL YEAR-TO-DATE July 31, 2014 2014-15 TOTAL INTEREST EARNED $24,567.74 $24,567.74 t J m este a o City Treasurer 8/25/2014 Date I certify that this report accurately reflects all City pooled investments and is in conformity with the investment policy of the City of Diamond Bar approved by City Council and on file in the City Clerk's office. The investment program herein provides sufficient cash flow liquidity to meet the next six months estimated expenditures. Page 1 0 N COm W E O N E a CC N E 3 O y _ �R- O_ M w •0 O 3 .+ t O v oa a t roN o ro o l o O M O o O N E d S r c r 0 0 � LL C N N C o U E m U Q m u C v w U p m o Q m m LL N E u m o N a m w ) N O m r r �o r m r <o m m m m m m �o m M r m m m Q m rn m m m 0 0 0 0 0 0 0 0 0 0 0 0 J a p N N N N N N N N N N N N N N N N N N N N N N n n[O rn p W m N N N N N N O¢ n m.. 0 0 0 0 0 0 0 0 0 . o 0 0 . o o ', 0 o 0 m o 0 0 0 0 m o 0 0 0 P Nm O m m r p O 00 V m f0 m ID ID rn m n [O 0 0 0 0 0 0 0 0 0..... 0. 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FOR CONSTRUCTION OF THE GENERATOR ENCLOSURE PROJECT AT CITY HALL (21810 COPLEY DRIVE) IN THE AMOUNT OF $83,880 PLUS A CONTINGENCY AMOUNT OF $4,194 (5%) FOR A TOTAL AUTHORIZATION OF $88,074 RECOMMENDATION: Award contract. FISCAL IMPACT: If approved, this project will utilize funds from the Civic Center— Capital Improvements (001- 4093-46410) fund that have been appropriated in the adopted FY 14-15 budget. DISCUSSION: Diamond Bar City Hall serves as the seat of local government operations, offering key services to the public and housing the administration of all City departments, emergency operations center, and other essential infrastructure. To ensure effective response and continuity of government in the event of a natural disaster or emergency event, City Hall must remain operational to the greatest extent possible. The City's redundant power source is a portable generator with the capacity to power the entirety of the City Hall and Library facility. In the event of an outage or blackout, the portable generator must be moved into place and manually connected to the building to restore power. This connection process delays the City's ability to provide services. To eliminate delays, staff proposes to establish a permanent connection between the generator and City Hall. Once established, the permanent connection will feature an automatic switch that will start the generator immediately upon loss of power, ensuring uninterrupted service to the public, effective emergency response, and protection of the City's Information Technology equipment. As proposed, the generator will be enclosed with screened wrought iron fencing and locking front gates to provide adequate security. Following the public release of the Request for Proposals (RFP), the City received two bids for the project, with Tamang Electrical, Inc. (Tamang) the low bidder with a proposal of $83,800. Victor Palos Development & Construction submitted the second bid in an amount of $175,500. The engineer's estimate for the project was $90,000. On August 14, 2014, Victor Palos Development & Construction contested the bid results, citing inconsistencies between the requirements in the bid documents and the class of contractor's license held by the low bidder. Staff and the City Attorney carefully reviewed the bid protest, finding that Tamang's Class A license provides authorizations to complete the same construction -related aspects of the Generator Enclosure Project that Victor Palos Development & Construction's Class B license, with additional technical/special authorizations beyond those held by a contractor with a Class B license and/or required for the Generator Enclosure Project. To the extent there is any variation from bid requirements, the variation appears inconsequential in that the variation would not have affected the amount of the bid, did not give the low bidder any competitive advantage over other bidders, or affect the City's ability to make bid comparisons. Therefore, staff finds the low bidder's bid to be responsive and authorized to perform the work, and recommends that the City Council award the contract to Tamang Electrical, Inc. Upon approval by the City Council, staff and the contractor will process all required contract documents. Upon completion of these documents, the City will issue a notice to proceed, with work expected to be complete within thirty (30) days. PREPARED BY -P", Q: Rya Lean Deput ity Manager Attachments: Construction Contract with Tamang Electrical. Generator Enclosure Drawings AGREEMENT The following agreement is made and entered into, in duplicate, as of the date executed by the Mayor and attested to by the City Clerk, by and between Tamang Electrical, Inc. hereinafter referred to as the "CONTRACTOR" and the City of Diamond Bar, California, hereinafter referred to as "CITY." WHEREAS, pursuant to Notice Inviting Sealed Bids, bids were received, publicly opened, and declared on the date specified in the notice; and WHEREAS, City did accept the bid of Tamang Electrical, Inc. and; WHEREAS, the City has determines that Tamang Electrical, Inc. is the lowest responsible bidder submitting a base bid of Eighty Three Thousand Eight Hundred Eighty Dollars ($83,880); and WHEREAS, City has authorized the Mayor to execute a written contract with CONTRACTOR for furnishing labor, equipment and material for the Generator Enclosure Project in the City of Diamond Bar. NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is agreed: 1. GENERAL SCOPE OF WORK: CONTRACTOR shall furnish all necessary labor, tools, materials, appliances, and equipment for and do the work for the Generator Enclosure Project in the City of Diamond Bar. The work to be performed in accordance with the plans and specifications, dated July 3, 2014 (The Plans and Specifications) on file in the office of the City Clerk and in accordance with bid prices hereinafter mentioned and in accordance with the instructions of the City Engineer. 2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY: The Plans and Specifications are incorporated herein by reference and made a part hereof with like force and effect as if set forth in full herein. The Plans and Specifications, CONTRACTOR'S Bid dated August 12 2014, together with this written agreement, shall constitute the contract between the parties. This contract is intended to require a complete and finished piece of work and anything necessary to complete the work properly and in accordance with the law and lawful governmental regulations shall be performed by the CONTRACTOR whether set out specifically in the contract or not. Should it be ascertained that any inconsistency exists between the aforesaid documents and this written agreement, the provisions of this written agreement shall control. 3. COMPENSATION: CONTRACTOR agrees to receive and accept the prices set forth in its Bid Proposal as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the work during its progress or prior to its acceptance including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the aforesaid contract documents; and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work. 4. TERM OF CONTRACT: The CONTRACTOR agrees to complete the work within thirty (30) calendar days from the date of the notice to proceed. The CONTRACTOR agrees further to the assessment of liquidated damages in the amount of five hundred ($500.00) dollars for each calendar day the work remains incomplete beyond the expiration of the completion date. City may deduct the amount thereof from any monies due or that may become due the CONTRACTOR under this agreement. Progress payments made after the scheduled date of completion shall not constitute a waiver of liquidated damages. 5. INSURANCE: The CONTRACTOR shall not commence work under this contract until he has obtained all insurance required hereunder in a company or companies acceptable to City nor shall the CONTRACTOR allow any subcontractor to commence work on his subcontract until all insurance required of the subcontractor has been obtained. The CONTRACTOR shall take out and maintain at all times during the life of this contract the following policies of insurance: a. Workers' Compensation Insurance: Before beginning work, the CONTRACTOR shall furnish to the City a certificate of insurance as proof that he has taken out full workers' compensation insurance for all persons whom he may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. Such insurance shall be maintained in full force and effect during the period covered by this contract. In accordance with the provisions of Section 3700 of the California Labor Code, every CONTRACTOR shall secure the payment of compensation to his employees. The CONTRACTOR, prior to commencing work, shall sign and file with the City a certification as follows: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of work of this contract." b. For all operations of the CONTRACTOR or any sub -contractor in performing the work provided for herein, insurance with the following minimum limits and coverage: 1) Public Liability - Bodily Injury (not auto) $1,000,000 each person; $2,000,000 each accident. 2) Public Liability - Property Damage (not auto) $500,000 each person; $1,000,000 aggregate. 3) CONTRACTOR'S Protective - Bodily Injury $1,000,000 each person; $2,000,000 each accident. 4) CONTRACTOR'S Protective - Property Damage $500,000 each accident; $1,000,000 aggregate. 5) Automobile - Bodily Injury $500,000 each person; $1,000,000 each accident. 6) Automobile - Property Damage $500,000 each accident. C. Each such policy of insurance provided for in paragraph b. shall: 1) Be issued by an insurance company approved in writing by City, which is authorized to do business in the State of California. 2) Name as additional insured the City of Diamond Bar, its officers, agents and employees, and any other parties specified in the bid documents to be so included; 3) Specify it acts as primary insurance and that no insurance held or owned by the designated additional insured shall be called upon to cover a loss under the policy; 4) Contain a clause substantially in the following words: "It is hereby understood and agreed that this policy may not be canceled nor the amount of the coverage thereof reduced until thirty (30) days after receipt by City of a written notice of such cancellation or reduction of coverage as evidenced by receipt of a registered letter." 5) Otherwise be in form satisfactory to the City. The policy of insurance provided for in subparagraph a. shall contain an endorsement which: 1) Waives all right of subrogation against all persons and entities specified in subparagraph 4.c.(2) hereof to be listed as additional insured in the policy of insurance provided for in paragraph b. by reason of any claim arising out of or connected with the operations of CONTRACTOR or any subcontractor in performing the work provided for herein; 2) Provides it shall not be canceled or altered without thirty (30) days' written notice thereof given to City by registered mail. e. The CONTRACTOR shall, within ten (10) days from the date of the notice of award of the Contract, deliver to the City Manager or his designee the original policies of insurance required in paragraphs a. and b. hereof, or deliver to the City Manager or his designee a certificate of the insurance company, showing the issuance of such insurance, and the additional insured and other provisions required herein. Self Insured Retention/Deductibles. All policies required by this Agreement shall allow City, as additional insured, to satisfy the self- insured retention ("SIR") and/or deductible of the policy in lieu of the Owner (as the named insured) should Owner fail to pay the SIR or deductible requirements. The amount of the SIR or deductible shall be subject to the approval of the City Attorney and the Finance Director. Owner understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by Owner as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should City pay the SIR or deductible on Owner's behalf upon the Owner's failure or refusal to do so in order to secure defense and indemnification as an additional insured under the policy, City may include such amounts as damages in any action against Owner for breach of this Agreement in addition to any other damages incurred by City due to the breach. 6. 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, 21825 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 twenty- five dollars ($25.00) 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. 7. APPRENTICESHIP EMPLOYMENT: In accordance with the provisions of Section 1777.5 of the Labor Code, and in accordance with the regulations of the California Apprenticeship Council, properly indentured apprentices may be employed in the performance of the work. The CONTRACTOR is required to make contribution to funds established for the administrative of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeship trade on such contracts and if other CONTRACTOR'S on the public works site are making such contributions. The CONTRACTOR and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex -officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. 8. LEGAL HOURS OF WORK: Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract, and the CONTRACTOR and any sub -contractor under him shall comply with and be governed by the laws of the State of California having to do with working hours set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. The CONTRACTOR shall forfeit, as a penalty to City, twenty-five dollars ($25.00) for each laborer, workman or mechanic employed in the execution of the contract, by him or any sub- CONTRACTOR under him, upon any of the work hereinbefore mentioned, for each calendar day during which the laborer, workman or mechanic is required or permitted to labor more than eight (8) hours in violation of the Labor Code. 9. TRAVEL AND SUBSISTENCE PAY: CONTRACTOR agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8. 10. CONTRACTOR'S LIABILITY: The City of Diamond Bar and its officers, agents and employees ("Indemnitees") shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used or employed in performing the work; or for injury or damage to any person or persons, either workers or employees of CONTRACTOR, of its subcontractors or the public, or for damage to adjoining or other property from any cause whatsoever arising out of or in connection with the performance of the work. CONTRACTOR shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever. CONTRACTOR will indemnify Indemnities against and will hold and save Indemnitees harmless from any and all actions, claims, damages to persons or property, penalties, obligations or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or in connection with the work, operation, or activities of CONTRACTOR, its agents, employees, subcontractors or invitees provided for herein, whether or not there is concurrent passive negligence on the part of City. In connection therewith: CONTRACTOR will defend any action or actions filed in connection with any such claims, damages, penalties, obligations or liabilities and will pay all costs and expenses, including attorneys' fees, expert fees and costs incurred in connection therewith. CONTRACTOR will promptly pay any judgment rendered against CONTRACTOR or Indemnitees covering such claims, damages, penalties, obligations and liabilities arising out of or in connection with such work, operations or activities of CONTRACTOR hereunder, and CONTRACTOR agrees to save and hold the Indemnitees harmless therefrom. C. In the event Indemnitees are made a party to any action or proceeding filed or prosecuted against CONTRACTOR for damages or other claims arising out of or in connection with the work, operation or activities hereunder, CONTRACTOR agrees to pay to Indemnitees and any ail costs and expenses incurred by Indemnitees in such action or proceeding together with reasonable attorneys' fees. Contractor's obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of City under any provision of this agreement, Contractor shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City. So much of the money due to CONTRACTOR under and by virtue of the contract as shall be considered necessary by City may be retained by City until disposition has been made of such actions or claims for damages as aforesaid. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law. This indemnity is effective without reference to the existence or applicability of any insurance coverage which may have been required under this Agreement or any additional insured endorsements which may extend to Indemnitees. CONTRACTOR, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the CONTRACTOR regardless of any prior, concurrent, or subsequent passive negligence by the Indemnitees. 11. NON-DISCRIMINATION: Pursuant to Labor Code Section 1735, no discrimination shall be made in the employment of persons in the work contemplated by this Agreement because of the race, color or religion of such person. A violation of this section exposes the CONTRACTOR to the penalties provided for in Labor Code Section 1735. 12. TERMINATION: This agreement may be terminated by the City, without cause, upon the giving of a written "Notice of Termination" to CONTRACTOR at least thirty (30) days prior to the date of termination specified in the notice. In the event of such termination, CONTRACTOR shall only be paid for services rendered and expenses necessarily incurred prior to the effective date of termination. IN WITNESS WHEREOF, the parties hereto have executed this Agreement with all the formalities required by law on the respective dates set forth opposite their signatures. State of California Contractor's License No. LON Date CONTRACTOR'S Business Phone 24 Hour Emergency Phone at which CONTRACTOR can be reached at any time CITY OF DIAMOND BAR, CALIFORNIA By: CAROL HERRERA, MAYOR Date ATTEST: By: TOMMYE CRIBBINS, CITY CLERK Date APPROVED AS TO FORM: CITY ATTORNEY Date - o ¢ I =d si la5 a 3:.'v t a9 a O slue do'aveawvia 3Ntl0 A31d003moalBlZway zl a s N 321fiS0lON3 aOJ.b2�3N3J y ?JV9 aNOWtl10 �O A110 € :D�Qaaa QQQiQA4 Dry ' 9 6 CF'c � 'c � y� j P i �� � E• �"�4 w � s� � � G�eAi� �' � -s s� � � w �g •�: ¢ ea���as3 k�8sa�� z �.F x0000000000000000000 i --------------- z w Agenda # 67 Meeting Date: 911612014 CITY COUNCILAGE NDA REPORT TO: Honorable Mayor and Members of the City Council l VIA: James DeStefano, City Manag TITLE: Amendment #1 to the Consulting ervices Agreement with The ComDyn Group, Inc. dated July 1, 2012, for as -needed information technology services from amount not to exceed $110,000 to amount not to exceed $130,920.23, for the period of July 1, 2012 through June 30, 2015. RECOMMENDATION: Approve BUDGET/FINANCIAL IMPACT: There are sufficient appropriated and carry-over funds in the FY14-15 budget for this expenditure. DISCUSSION: The ComDyn Group, Inc. (ComDyn) provides temporary technical personnel which assist the City's Information Services Department on an as -needed basis. Specifically, ComDyn personnel assist with advanced network security including monitoring critical security systems and providing security configuration support to ensure the highest level of network security and prevent unauthorized access to critical City information. In addition, ComDyn provides specific technical assistance for the City's Geographical Information System (GIS) program. For the past several years, the City has utilized ComDyn GIS staff to assist in the creation of the underlying database, base map, and other crucial elements of the program. By utilizing these resources instead of hiring a full time GIS staff member, the City has been able to provide this high quality service to the public and City departments at a lower cost. Historically the City expends approximately $35,000 - $40,000 per year on as -needed information technology consulting services. It was anticipated that this trend would continue for the next few years. However, due to an improving economy, demand for GIS services by the City has increased for projects such as the Site "D"/Willow Springs, Millennium, and others. GIS services have also become invaluable support for the City Prosecutor and Code Enforcement cases, and has found use supporting other city services including Public Works, and geolocating our city's armed forces banners. The City's need for advanced network security, including monitoring critical security systems, has remained constant. The City has utilized ComDyn technical staff for the past nine years and has been very satisfied with their performance. The technical staff provided by ComDyn are highly qualified, very familiar with City systems and programs, and provide a high level of technical skills and expertise beyond those of City staff. Prepared by: Ken Desforges, Director Inf rma on Systems Reviewed by: t, Dianna Honeywell, Director F ance Attachment: ComDyn Consulting Service Agreement, Amendment #1 AMENDMENT TO CONSULTING SERVICES AGREEMENT This First Amendment to Consulting Services Agreement (the "Amendment") is made and entered into as of September 16, 2014, by and between the CITY OF DIAMOND BAR, a municipal corporation (the "City"), and The ComDyn Group, Inc. (herein referred to as the "Consultant"), with reference to the following: A. The City and the Consultant entered into that certain Consultant Services Agreement dated as of July 1, 2012, which is incorporated herein by this reference (the "Original Agreement"); and B. The City and the Consultant desire to amend the Original Agreement to modify certain portions of the Original Agreement. NOW, THEREFORE, the parties hereby agree as follows: Section 1. Compensation. Section 3 of the Original Agreement is hereby amended to provide for payment to Consultant in an amount not to exceed One Hundred Thirty Thousand Nine Hundred Twenty Dollars and Twenty -Three Cents ($130,920.23) for the term of the Original Agreement. Such payment shall be made to Consultant for each service which Consultant performs to the satisfaction of City in compliance with the schedule set forth in Exhibit "B". Section 2. Integration. This Amendment and all attachments hereto (if any) integrate all of the terms and conditions mentioned herein, and supersede all negotiations with respect to the subject matter hereof. This Amendment amends, as set forth herein, the Original Agreement and, except as specifically amended hereby, the Original Agreement shall remain in full force and effect. To the extent that there is any conflict or inconsistency between the terms and provisions of this Amendment and those of the Original Agreement, the terms and provisions of this Amendment shall control and govern the rights and obligations of the parties. [Remainder of page intentionally left blank; signatures on next page] IN WITNESS of this Agreement, the parties enter into this Agreement on the year and day first above written. "CONSULTANT" "CITY" The ComDyn Group, Inc. CITY OF DIAMOND BAR ME Printed Name: Title: Carol Herrera, Mayor ATTEST: Tommye Cribbins, City Clerk APPROVED AS TO FORM: David DeBerry City Attorney Agenda # Meeting Date: 6.8 9/16/14 CITY COUNCIL AGENDA REPORT TO: Honorable Mayor and Members of the City Council FROM: James DeStefano, City Mane' TITLE: AWARD OF CONTRACT TO ICG, INC. IN THE AMOUNT NOT TO EXCEED $60,000 FOR THE CONCEPTUAL DESIGN FOR THE REHABILITATION OF HERITAGE PARK AND COMMUNITY CENTER; PLUS APPROPRIATION OF $10,000 OF PARK DEVELOPMENT FUNDS TO FULLY FUND THE CONCEPTUAL DESIGN OF THIS PROJECT. RECOMMENDATION: Award contract. FINANCIAL IMPACT: $50,000 of Park Development Funds are included in the 2014/15 FY Budget for the conceptual design of this project. Staff is requesting the appropriation of an additional $10,000 of Park Development Funds to fully fund the project conceptual design. BACKGROUND: Heritage Park is a 3.4 acre neighborhood park located at 2900 S. Brea Canyon Road in the City of Diamond Bar and is one of the City's oldest parks. The mature stand of trees and large tot lot make the park very popular for family gatherings. The park was last rehabilitated in 1998. City staff is interested in evaluating the entire park site to determine how it can best meet the community's needs going forward, including upgrades to accommodate persons with disabilities. With the popularity of family picnics, the Parks Master Plan, adopted by the City Council in 2011, recommends the addition of two or three more ADA accessible picnic tables with barbecues. The tot lot equipment and rubber surfacing need to be replaced, and staff has a goal to brand this as an inclusive playground (if reinforced by public input). ADA accessibility throughout the park needs to be evaluated and updated to meet current ADA criteria and codes. The park slopes from west to east, which affects access on the walkways leading from Brea Canyon Road into the park. This slope also affects the tot lot, which needs to be leveled. (Sand in the tot lot currently migrates down the slope and away from the play equipment.) The restroom building was constructed in 1986 and consideration for it to be replaced will be evaluated. The lighted ball field covers approximately 40% of the park and will be evaluated for alternative park amenities and uses. Heritage Park is also home to the Heritage Park Community Center, which is a 3,900 square foot public building that opened in 1993. The City plans to up -date the interior design of the facility, improve technological capabilities, improve energy efficiency, replace kitchen appliances and construct improvements to meet ADA accessibility requirements from the sidewalk adjacent to Brea Canyon Road, through the parking lot and into and throughout the building. The City also seeks to explore the potential for expanding the floor space of the facility by adding storage space and possibly an outdoor restroom. In addition to improvements to Heritage Park, the City needs a conceptual plan for athletic field and ball field light improvements for Castle Rock Elementary School, which is immediately adjacent to Heritage Park. This concept plan is needed because the City is considering other uses for the lighted ball field at Heritage Park. In order to obtain a qualified consultant team to evaluate the site, obtain public input, and develop a detailed conceptual plan, Staff released a request for proposals (RFP) on June 5, 2014. Five consultant teams submitted proposals in response to the RFP. After reviewing the proposals and interviewing the top rated consultant team based on the proposal content, staff recommends that the City Council award the contract to ICG, Inc. DISCUSSION: The team members from ICG, Inc. also completed the City of Diamond Bar Parks Master Plan document, which includes recommendations for the renovation of Heritage Park. The principal of this consultant team spent many hours at the project site while completing the Parks Master Plan. The consultant team from ICG, Inc. also hosted many community meetings during the master plan process and was very successful in obtaining feedback from meeting attendees. Staff believes ICG, Inc. will do an excellent job working with the community, staff and City officials to develop a quality design for the renovation of Heritage Park. If the conceptual site plan is approved, under the proposed contract with ICG, the City could then retain ICG for additional work, including preparation of plans, specifications and a cost estimate for Heritage Park, a final bid document and construction administration. The five (5) firms that submitted proposals for this project are: ICG, Inc; Architerra Design Group; MIG, Inc; Matlock Associates; and HH Fremer Architects. PR7P.D ND REVIEWED BY: Bo Rose Director of Community Services REVIEWED BY: Dianna Honeywell t' Director of Finance Attachments: Consulting Services Agreement dated 9/16/14 (award of contract date) Proposal from ICG, Inc. dated 7/10/14 (submittal date) Request for Proposals dated 6/5/14 (release date) CONSULTING SERVICES AGREEMENT THIS AGREEMENT is made as of September 16. 2014 by and between the City of Diamond Bar, a municipal corporation ("City") and ICG, Inc. ("Consultant"). RECITALS A. City desires to utilize the services of Consultant as an independent contractor to provide consulting services to City as set forth in Exhibit "A". B. Consultant represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expertise of its principals and employees. NOW, THEREFORE, in consideration of performance by the parties of the covenants and conditions herein contained, the parties hereto agree as follows: 1. Consultant's Services. A. Scope of Services. The nature and scope of the specific services to be performed by Consultant are as described in Exhibit "B" the Consultant's Response, dated July 10, 2014 to the City's Request for Proposals. B. Level of Services/Time of Performance. The level of and time of the specific services to be performed by Consultant are as set forth in Exhibit "B." 2. Term of Agreement. This Contract shall take effect September 16, 2014, and shall continue until June 30, 2017 unless earlier terminated pursuant to the provisions herein. 3. Compensation. City agrees to compensate Consultant for each service which Consultant performs to the satisfaction of City in compliance with the schedule set forth in Exhibit "B." Payment will be made only after submission of proper invoices in the form specified by City. Total payment to Consultant pursuant to this Agreement shall not exceed Fifty -Six Thousand Five Hundred and Thirty dollars ($56,530) plus $3,470 for reimbursables for a total authorization of $60,000. 4. General Terms and Conditions. In the event of any inconsistency between the provisions of this Agreement and Consultant's proposal, the provisions of this Agreement shall control. 5. Addresses City: City Manager Consultant: Jeff Scott, Principal City of Diamond Bar ICG, Inc. 21810 Copley Drive 4195 Chino Hills Parkway #222 Diamond Bar, CA 91765-4177 Chino Hills, CA 91709 6. Status as Independent Consultant. A. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City. B. Consultant agrees to pay all required taxes on amounts paid to Consultant under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. In the event that City is audited by any Federal or State agency regarding the independent contractor status of Consultant and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between City and Consultant, then Consultant agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto. C. Consultant shall fully comply with the workers' compensation law regarding Consultant and Consultant's employees. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this Section 6. 7. Standard of Performance. Consultant shall perform all work at the standard of care and skill ordinarily exercised by members of the profession under similar conditions. 8. Indemnification. CONSULTANT shall indemnify, defend with counsel approved by CITY, and hold harmless CITY, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with CONSULTANT'S negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to comply with any of its obligations contained in this AGREEMENT, except such loss or damage which is caused by the sole active negligence or willful misconduct of the CITY (meaning that CONSULTANT shall indemnify and defend CITY notwithstanding any alleged or actual passive negligence of CITY which may have contributed to the claims, damages, costs or liability). Should CITY in its sole discretion find CONSULTANT'S legal counsel unacceptable, then CONSULTANT shall reimburse the CITY its costs of defense, including without limitation reasonable attorneys fees, expert fees and all other costs and fees of litigation. The CONSULTANT shall promptly pay any final judgment rendered against the CITY (and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have been the result of the CONSULTANT'S negligence, recklessness or willful misconduct. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement. 9. Insurance. Consultant shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company admitted to do business in California and approved by the City (1) a policy or policies of broad -form comprehensive general liability insurance with minimum limits of $1,000,000.00 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Consultant, its officers, employees, agents, and independent contractors in performance of services under this Agreement; (2) property damage insurance with a minimum limit of $500,000.00; (3) automotive liability insurance, with minimum combined single limits coverage of $500,000.00; (4) professional liability insurance (errors and omissions) to cover or partially cover damages that may be the result of errors, omissions, or negligent acts of Consultant, in an amount of not less than $1,000,000 per occurrence; and (5) worker's compensation insurance with a minimum limit of $500,000.00 or the amount required by law, whichever is greater. City, its officers, employees, attorneys, and volunteers shall be named as additional insureds on the policy (ies) as to comprehensive general liability, property damage, and automotive liability. The policy (ies) as to comprehensive general liability, property damage, and automobile liability shall provide that they are primary, and that any insurance maintained by the City shall be excess insurance only. A. All insurance policies shall provide that the insurance coverage shall not be non -renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City thirty (30) day's prior written notice thereof. Consultant agrees that it will not cancel, reduce or otherwise modify the insurance coverage. B. All policies of insurance shall cover the obligations of Consultant pursuant to the terms of this Agreement; shall be issued by an insurance company which is admitted to do business in the State of California or which is approved in writing by the City; and shall be placed with a current A.M. Best's rating of no less that A VII. C. Consultant shall submit to City (1) insurance certificates indicating compliance with the minimum worker's compensation insurance requirements above, and (2) insurance policy endorsements indicating compliance with all other minimum insurance requirements above, not less that one (1) day prior to beginning of performance under this Agreement. Endorsements shall be executed on City's appropriate standard forms entitled "Additional Insured Endorsement", or a substantially similar form which the City has agreed in writing to accept. 10. Confidentiality. Consultant in the course of its duties may have access to confidential data of City, private individuals, or employees of the City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. Notwithstanding the foregoing, to the extent Consultant prepares reports of a proprietary nature specifically for and in connection with certain projects, the City shall not, except with Consultant's prior written consent, use the same for other unrelated projects. 11. Ownership of Materials. 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. 12. Conflict of Interest. A. Consultant covenants that it presently has no interest and shall not acquire any interest, director 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. 13. Termination. Either party may terminate this Agreement with or without cause upon fifteen (15) days' written notice to the other party. However, Consultant shall not terminate this Agreement during the provision of services on a particular project: 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. 14. Personnel. Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Consultant or under it supervision, and all personnel engaged in the work shall be qualified to perform such services. Consultant reserves the right to determine the assignment of its own employees to the performance of Consultant's services under this Agreement, but City reserves the right, for good cause, to require Consultant to exclude any employee from performing services on City's premises. 15. 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. R 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. 16. Assignment. Consultant shall not assign or transfer any interest in this Agreement nor the performance of any of Consultant's obligations hereunder, without the prior written consent of City, and any attempt by Consultant to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect. 17. Performance Evaluation. For any contract in effect for twelve months or longer, a written annual administrative performance evaluation shall be required within ninety (90) days of the first anniversary of the effective date of this Agreement, and each year thereafter throughout the term of this Agreement. The work product required by this Agreement shall be utilized as the basis for review, and any comments or complaints received by City during the review period, either orally or in writing, shall be considered. City shall meet with Consultant prior to preparing the written report. If any noncompliance with the Agreement is found, City may direct Consultant to correct the inadequacies, or, in the alternative, may terminate this Agreement as provided herein. 18. Compliance with Laws. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. 19. Non -Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 20. Attorney's Fees. In the event that either party to this Agreement shall commence any legal or equitable action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees and costs, including costs of expert witnesses and consultants. 21. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during regular business hours or by facsimile before or during regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section. 22. Governing Law. This Contract shall be interpreted, construed and enforced in accordance with the laws of the State of California. 23. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument. 24. Entire Agreement. This Agreement, and any other documents incorporated herein by specific reference, represents the entire and integrated agreement between Consultant and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by the City Manager or the Mayor and attested by the City Clerk. 25. Exhibits. All exhibits referred to in this Agreement are incorporated herein by this reference. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. "CITY" ATTEST: CITY OF DIAMOND BAR By: Tommye Cribbins Carol Herrera City Clerk Mayor Approved as to form: "CONSULTANT' By: ICG, Inc. City Attorney Name of Company By: Representative Title REQUEST FOR PROPOSAL Released: June 5, 2014 Proposals are due by Thursday, July 10, 2014 by 5:00 P.M. Design for Rehabilitation of Heritage Park and Community Center 2900 S. Brea Canyon Road, Diamond Bar, CA 91765 The City of Diamond Bar is soliciting proposals from qualified firms to provide professional Civil Engineering, Architectural and Landscape Architecture services for design and construction support services for the preparation of plans, specifications and cost estimates for the Rehabilitation of Heritage Park & the Heritage Park Community Center including support for the project during the construction phase. GENERALBACKGROUND Heritage Park is a 3.4 acre neighborhood park located at 2900 S. Brea Canyon Road in the City of Diamond Bar and is one of the City's oldest parks. The mature stand of trees and large tot lot make the park very popular for family picnics. The park was last rehabilitated in 1998. City staff is interested in evaluating the entire park site to determine how it can best meet the community's needs going forward, including upgrades to accommodate persons with disabilities. With the popularity of family picnics, the Parks Master Plan, adopted by the City Council in 2011, recommends the addition of two or three more ADA accessible picnic tables with barbecues. The tot lot equipment and rubber surfacing need to be replaced, and staff has a goal to brand this as an inclusive playground (if reinforced by public input). ADA accessibility throughout the park needs to be evaluated and updated to meet current ADA criteria and codes. The park slopes from west to east, which affects access on the walkways leading from Brea Canyon Road into the park. This slope also affects the tot lot, which needs to be leveled. (Sand in the tot lot currently migrates down the slope and away from the play equipment.) The restroom building was constructed in 1986 and consideration for it to be replaced with a restroom added to the existing community center as a part of this project should be evaluated. The lighted ball field covers approximately 40% of the park and will require evaluation on the use of this area for alternative park amenities and uses. Heritage Park is also home to the Heritage Park Community Center, which is a 3,900 square foot public building that opened in 1993. The City plans to up -date the interior design of the facility, improve technological capabilities, improve energy efficiency, replace kitchen appliances and construct improvements to meet ADA accessibility requirements from the sidewalk adjacent to Brea Canyon Road, through the parking lot and into and throughout the building. The City also seeks to explore the potential for expanding the floor space of the facility by adding storage space and an outdoor restroom. In addition to improvements to Heritage Park, the City needs a conceptual plan for athletic field and ball field light improvements for Castle Rock Elementary School, which is immediately adjacent to Heritage Park. This concept plan is needed because the City is considering other uses for the lighted ball field at Heritage Park. The ADA portion of this project will be funded under the Federal Community Development Block Grant Program. PROJECT TIMELINES The time frame for this project is to complete the conceptual plan and the construction plans, specifications and cost estimates during the 2014/15 fiscal year and for construction of the improvements to be completed during the 2015/16 fiscal year. The construction schedule could be accelerated if funding becomes available earlier. The Consultant shall prepare construction plans, specifications and cost estimates for the project in accordance with the 2013 California Building Code, American Public Works Standard Construction Plans and City Standards. The plans and specifications shall be completed within 3 months after the issuance of a notice to proceed to ensure construction commencing by September 2015. Consultant shall be able to commence design within 2 weeks of receiving the notice to proceed. Currently, there are no plans to construct the Castle Rock Elementary School improvements during the same time frame as the Heritage Park improvements. Proposals are due by Thursday, July 10, 2014 by 5:00 P.M. SCOPE OF SERVICES Meet with City staff prior to beginning work to discuss background, scope, objectives, and any other pertinent details of the project. Consultant shall also attend periodic meetings with City staff at various stages of the project as needed. 2. Conduct meetings with user groups, senior organizations, families of registered program participants, and neighborhood residents to receive input on user needs and community interests. Review current conditions and community input and recommend the work necessary to up -date the interior design of the community center, improve technological capabilities, improve energy efficiency, replace kitchen appliances, up -grade landscaping adjacent to the building, and create ADA accessibility from the sidewalk adjacent to Brea Canyon Road, through the parking lot and into and throughout the building and park. 4. Explore the potential for expanding the floor space of the community center by adding to the north side of the building to expand the size of storage space and to the south side of the building by adding restrooms for outdoor park users. Review current conditions and community input and recommend the work necessary to up -date the outdoor portion of the park. The comprehensive plan should contain an inclusive playground with shaded, accessible play equipment, and recommendations for the alternatives for the use of existing ball field and sports facility space. Provide a topographical survey of the building, entire park site and all walkways that lead from public sidewalks adjacent to the park to all points within the park to establish existing elevations and cross slopes. Prepare a conceptual plan of the planned improvements for Heritage Park, with cost estimates. Attend up to two (2) Parks and Recreation Commission meetings to support the conceptual plan. Also, provide a conceptual plan for athletic field and ball field light improvements at Castle Rock Elementary School, with cost estimates. 8. When directed by City staff, the Consultant shall prepare plan, specifications, and cost estimate for the Heritage Park portion of the project as noted under the Introduction and Scope of Work. The improvement plans shall be prepared in a 20" scale and submitted in 24" X 36" sheet format. Specifications shall be submitted on 8'Y2" X 11" sheets. The cost estimate shall be prepared in a tabular form for each construction item showing quantity, unit, unit price, and total cost. All estimate back-up calculations by plan sheet shall also be submitted if requested. Final plans and bid specifications shall be signed, stamped and certified by a Civil Engineer and Architect registered in the State of California. The bid document package shall meet and include Community Development Block Grant (C.D.B.G) requirements. 9. Attend one City Council meeting to support the bid documents during the approval process of the plans and specifications. 10. Prepare any necessary addendum to the bid documents. The selected Consultant shall provide technical assistance to City staff. Should any questions arise during the bidding period, the Consultant shall provide clarification. If any changes to the plans and specifications are required during the bidding period, the Consultant shall make the necessary changes in a timely manner so that City staff can issue an addendum. 11. Attend the bid opening and review all submitted bids for completeness and check licenses and references of apparent low bidder (prime and sub -contractors). 12. Provide a written recommendation of the apparent low bidder based on information obtained in the submitted documents, interviews with references, State of California Consumer Affairs and other sources with first-hand knowledge regarding the competency of the contractor to successfully complete the work described in the bid documents. 13. Attend the City Council meeting to support the award of the contract to the apparent low bidder. 14. Attend the pre -construction meeting to present information on the construction documents. Pre -construction meeting will include a site visit. 15. Review submittals and change order requests and provide written recommendations on their approval or rejection during the construction phase. 16. Provide support of the construction documents by attending a meeting on site up to once per week during the construction process and by providing telephone support as -needed to City staff, project manager, general contractor and City Inspector. 17. Attend final walk through of project, prepare punch list, and provide written recommendation on the acceptance of the construction of the project. 18. Prepare and submit as -built 20 scale drawings on mylar to the City after the completion of project construction. Also, provide a PDF electronic version of the as -built plans to the City. 19. Attend the City Council meeting to support acceptance of the project and the filing of the notice of completion. 20. Prepare, compile and present all necessary documentation, forms, and reports for review by the U. S. Department of Housing and Urban Development, Los Angeles County Office of Affirmative Action Compliance, Los Angeles County Community Development Commission, and other governmental entities during project and audit review sessions. SUBMISSION PROCEDURES The proposal must include the following: ♦ Cover letter including name, address and telephone number for the firm, background information and the name of the contact person. ♦ Names and qualifications for the project team, with an organization chart, which will be providing the services, including resumes. ♦ Scope of Services describing the approach and methods that will be used to meet the project requirements and timelines. Also, identify any potential concerns or problems that your firm anticipates during the term of the project. ♦ Proposed Fee including a breakdown of the fee by task, hours and hourly rate. Please state all assumptions upon which the fee estimates are based. ♦ Proposed hourly billing for each project team member that will be assigned and any expected additional expenditures. ♦ Experience of the assigned team members with similar work. ♦ List with a maximum of five (5) projects which your firm has designed and provided construction support services for other public agencies in the greater Los Angeles and Southern California area. Provide the following information: location, owner, construction cost, year the design was completed, year the construction was completed, project manager, engineer and architect's names. If any portion of the project was sub -contracted, provide similar information. ♦ Firm's capabilities relative to performing the required work within reasonable time frames. Also, provide a schedule identifying milestones for the major tasks in the design of the project, beginning with Notice to Proceed. s At least five references for similar work. Contact person, address and telephone number shall be included. SUBMITTAL DEADLINE Interested firms shall submit six (6) copies of the proposal in a sealed envelope bearing the name, address and telephone number of the individual or entity that submitted the proposal and shall be addressed to: Bob Rose, Community Services Director City of Diamond Bar 21810 Copley Drive Diamond Bar, CA 91765 The envelope shall be clearly marked with the notation, "DO NOT OPEN — PROPOSAL" The proposal shall be delivered to the addressee on or before 5:00 P.M. on Thursday, July 10, 2014. SELECTION CRITERIA Selection of the firm will be done on a competitive basis. In reviewing and evaluating the response to this RFP, City staff will be considering the following: 1. Responsiveness and comprehensiveness of the proposal with respect to this Request for Proposals (RFP); 2. Experience of the firm designing building and park retro -fit projects to meet ADA requirements. 3. Related experience and qualifications of the proposed project manager and project team. 4. Availability of project team and their ability to complete this project within the timeframe given. 5. Information obtained from references. 6. Willingness to enter into a standard City of Diamond Bar Consulting Services Agreement (sample attached). 7. Reasonableness of the proposed fee. The criteria should not be construed so as to limit other considerations which may become apparent during the review and selection process. The City reserves the right to reject any or all proposals and may elect to make a decision without further discussion or negotiation. This solicitation for proposals is not to be construed as a contract of any kind. All costs incurred in the preparation of the proposal, in the submission of additional information, and/or in any other aspect of a proposal prior to the award of a written contract will be borne by the proposer. All proposals submitted to the City in response to this RFP shall become property of the City. In addition, since this project is funded with Federal Funds, the selected firm or individual shall comply with all applicable Federal requirements and regulations. QUESTIONS All questions concerning this RFP should be directed to Bob Rose, Community Services Director at 909.839.7061 or Claude Bradley, Facilities Maintenance Supervisor, at 909.839.7088. Questions may also be submitted by e-mail: brose@diamondbarca.gov Attachment: Consulting Services Agreement (Appendix A). July 10, 2014 SCOPE OF WORK & DELIEVERABLES Statement of Project Approach ICG understands that the City is seeking a design firm which can provide comprehensive professional services for the design and construction support services for the preparation of plans, specifications and cost estimates for the Rehabilitation of Heritage Park and the Heritage Park Community Center. The City would like the consultant team to evaluate the entire park site and determine how the Community's future and present needs, as well as ADA improvements be implemented. The parks Master Plan adopted in 2011 recommended the following additions: Park Improvements: 0 2-3 ADA picnic tables 0 2-3 ADA BBQs o Tot Lot Rubber surfacing to be Replaced o Tot Lot Equipment to be Replaced o Tot Lot needs to be level to maintain sand o Inclusive Playground Branding o ADA Accessibility evaluation throughout park o Based on ADA evaluation update elements to meet current codes and criteria o Evaluation of ball field and other uses o New restroom facility adjacent to courts as an alternate to placement adjacent to the Community Center Additional information provided by the City as potential scope: o Relocate one (1) existing basketball court o Install four (4) new tennis courts Heritage Park Community Center Improvements: o Update design of facility o Improve technology capabilities o Improve energy efficiency o Replace kitchen appliances and construct improvements to meet current ADA requirements From the sidewalk adjacent to Brea Canyon Rd, through the parking lot and into/through the building o Add storage space within the facility o Add an outdoor restroom with connectivity to the existing Community Center Castle Rock Elementary School: o Provide a conceptual design for the athletic field and ball field light improvements o This plan may be the replacement field for the Heritage Park field depending on the outcome of the review of the current uses. The ADA portions of this project will be funded with CDBD funds. ICG is very familiar with this site and the Parks Master Plan. We have prepared an initial site plan and included this as part of our proposal based on our current � 1(-- 1.1n = -- - -- CITY OF DIAMOND BAR I HERITAGE PARK REHAB SECTION 3.1 knowledge of the site and what the City would like to include. The City would like to have plans and specifications as well as the conceptual site plan completed during the 2014/2015 fiscal year and for construction of the improvements to be completed during the 2015/2016 fiscal year. Pending funding availability the construction schedule can possibly be accelerated. ICG shall work closely with City staff and can provide an updated project schedule as additional information becomes available. ICG and the design team shall prepare a comprehensive PS & E package in accordance with the 2013 CBC, American Public Works Standard Construction Plans and City Standards. ICG shall begin the design process within 2 weeks of obtaining the NTP and the plans and specifications shall be completed within 3 months following the NTP. Construction shall begin by September 2015. The plans for Castle Rock Elementary are conceptual only. There are currently no plans to construct the suggested improvements within the Heritage Park timeframe. SCOPE OF SERVICES OVERVIEW The following scope of services has been broken down into 2 phases and represents a guide to the services to be provided to the City based on the Request for Proposal provided. These services can be modified based on the City's needs. ICG is available to discuss options and modifications with the City. Fees for Phase 2 will be negotiated based on the findings and direction obtained during Phase 1. RIM019111l.7 r/ y PHASE 1' • Task 1 — Project Review: ICG shall meet with City Staff prior to beginning work to discuss background, scope, objectives, and any other pertinent details of the project. ICG shall also attend periodic meetings with City staff at various stages of the project as needed. • Task 2 — Community Outreach: ICG shall conduct meetings with user groups, senior organizations, families of registered program participants, and neighborhood residents to receive input on user needs and community interests. • Task 3 — Architectural Analysis and Recommendations: The design team shall review current conditions and community input and recommend the work necessary to up -date the interior design of the community center, improve design of the facility, improve technological capabilities, improve energy efficiency, replace kitchen appliances, upgrade landscaping adjacent to the building, and create ADA accessibility from the sidewalk adjacent to Brea Canyon Rd, through the parking lot and into and throughout the building. • Task 4 — Schematic Floor Plan: The design team shall explore the potential for expanding the floor space of the community center by adding to the north side of the building to expand the size of storage space and to the south side of the building by adding restrooms for outdoor park users. An option will also be explored in regards to possibly not expanding the existing facility, but to instead provide a new, more centrally located restroom and storage facility within the park. • Task 5 — Site Analysis and Recommendations: The design team shall review current conditions, community input. and recommend the work necessary to update the outdoor portion of the park. The comprehensive tcc tat CITY OF DIAMOND BAR HERITAGE PARK REHAB SECTION 3.1 plan should contain an inclusive playground with shaded, accessible play equipment, and recommendations for the alternatives for the use of existing ball field and sports facility space. • Task 6 — Topographical Site Survey: The design team shall provide a topographical survey of the building, entire park site and all walkways that lead to from public sidewalks adjacent to the park to all points within the park to establish existing elevations and cross slopes. The design team has included scope to review the existing park site as well as the school site to relocate the baseball field. • TaskA - Geotechnical Report: The City will provide the Geotechnical Report for the project. • Task 7 — Conceptual Site Plan: The design team shall prepare a conceptual plan of the planned improvements for Heritage Park, with cost estimates . ICG shall attend up to two (2) Parks and Recreation Commission meetings to support the conceptual plan. ICG shall also, provide a conceptual plan for athletic field and ball field light improvements at Castle Rock Elementary School, with cost estimates. Please refer to the attached concept a preliminary concept of the site. PHASE Z Task B — Environmental Negative Declaration: The City will provide any needed environmental services related to this project. Task 8 — PS & E Package: When directed by City staff, the design team shall prepare plans, specifications and a cost estimate for the Heritage Park portion of the project as noted under the Introduction and Scope of work in the RFP provided by the City. The improvement plans shall be prepared in a 20" scale and submitted in 24" x 36" sheet format, Specifications shall be submitted on 8'/2" x 11"sheets, The cost estimate shall be prepared in a tabular form for each construction item showing quantity, unit, unit price, and total cost. All estimate back-up and calculations by plan sheet shall also be submitted if requested. Final plans, and bid specifications will be signed, stamped and certified by a civil engineer ad Architect registered in the State of California. The bid document package shall meet and include Community Development Block Grant requirements, as provided by the City. The Design team includes the following consultants and disciplines: o Architecture — ICG o Civil / Survey - PBLA o Landscape Architecture — ICG o Structural — ISE o Mechanical / Plumbing — Design West o Electrical Site / Building — JCA o Audio Visual — Vizual Symphony Please refer to the Project Organization Chart, Sub Consultant Background and Resumes for additional information, • Task 9 — Bid Document Approval: ICG shall attend one (1) City Council meeting to support the bid documents during the approval process of the plans and specifications. �1 1< C ina. CITY OF DIAMOND BAR I HERITAGE PARK REHAB SECTION 3.1 • Task 10 — Bid Support: The design team shall prepare any necessary addendum to the bid documents. ICG shall provide technical assistance to City staff. Should any questions arise during the bidding period, ICG shall provide clarification. If any changes to the plans and specifications are required during the bidding period, the design team shall make the necessary changes in a timely manner so that City staff can issue an addendum. • Task 11 — Bid Opening: ICG shall attend the bid opening and review all submitted bids for completeness and check licenses and references of apparent low bidder (prime and sub consultants) • Task 12 — Project Award Recommendation: ICG shall provide a written recommendation of the apparent low bidder based on information obtained in the submitted documents, interviews with references, State of California Consumer Affairs and other sources with firsthand knowledge regarding competency of the contractor to successfully complete the work described in the bid documents. • Task 13 — Contract Award: ICG shall attend one (1) City Council meeting to support the award of the contract to the apparent low bidder. • Task 14 — Pre -Construction: ICG shall attend the pre -construction meeting to present information on the construction documents, Pre -construction meeting will include a site visit. • Task 15 — Construction Administration: ICG shall review submittals and change order requests and provide written recommendations on their approval or rejection during the construction phase. • Task 16 — Construction Support Site Visits: ICG shall provide support of the construction documents by attending a meeting on site, up to once per week during the construction process and by providing telephone support as needed to City staff, project manager, general contractor and City inspector. • Task 17 — Punch List: ICG shall attend the final walk through of the project, prepare punch list and provide written recommendation on the acceptance of the construction of the project. • Task 18—As-Builts: Prepare and submit as built 20 scale drawings on mylar to the City after the completion of project construction. Also, provide a PDF electronic version of the as -built plans to the City. • Task 19 — Notice of Completion: ICG shall attend one (1) City Council meeting to support acceptance of the project and the filing of the notice of completion. • Task 20 — Project Coordination: ICG shall work with the City to prepare, compile and present all necessary documentation, forms and reports for review by the US Department of Housing and Urban Development, Los Angeles County Office of Affirmative Action Compliance, Los Angeles County Community Development Commission, and other governmental entities during project and audit review sessions. Exclusions The following items/tasks are excluded from this scope of work: a. Permit or Agency Fees and Hazardous Materials Testing 1t G tnc, CITY OF DIAMOND BAR I HERITAGE PARK REHAB SECTION 3.1 �, 0 N CITY COUNCIL 6.9 Agenda # Meeting Date: September 16, 2014 AGENDA REPORT TO: Honorable Mayor and Members of the City Council FROM: James DeStefano, City Ma g _- TITLE: Fiscal Year 2014-15 Appropriation Adjustments for Carry Forward Expenditures, Special Revenue Funds Carryovers, Capital Project Carryovers and Fiscal Year 2013-14 Final Adjustments RECOMMENDATION: 1. Approve a budget adjustment carrying forward appropriations to FY 2014-15 for previously encumbered goods and services in the amount of $338,735.11 for the General Fund and $232,246.10 for the Special Revenue Funds. 2. Approve a budget adjustment to carry forward capital project appropriations and related purchase orders in the amount of $453,183.42 to FY 2014-15. 3. Approve various final budget adjustments to FY 2013-14 for changes in the amount of revenue to be received for grant funds, transfers to special funds and additional appropriations in various accounts. BACKGROUND: Each fiscal year, the City Council adopts a budget and appropriates the funds included in that budget. The City's budget policies state that prior year appropriations lapse unless they are approved for carryover into the following fiscal year. Encumbrances for previously ordered goods and services not received by June 30th must be carried over and re -appropriated in the new fiscal year. After FY 2013-14 was preliminarily closed, staff was able to determine which capital projects were not completed by June 30th and should be carried over into the next fiscal year for completion. DISCUSSION: Carry Forward of Operating Appropriations At the end of fiscal year 2013-14 there were various goods and services encumbered but not received or paid for and therefore the related purchase orders must be carried over into FY 2014-15. The carryover of these appropriations is not an additional appropriation of funds but merely a carryover of unexpended funds from the prior fiscal year. Exhibit A lists operating expenditure purchase order carryovers in the amount of $338,735.11 for the General Fund and $232,246.10 for the Special Revenue Funds. Capital Proiect Carrvover Appropriations When the budget for FY 2014-15 was submitted for approval by the City Council, it included new appropriations for capital projects as well as estimated carryovers for existing projects. Often, capital projects require more than one fiscal year for completion. Now that FY 2013-14 has been preliminarily closed, staff is able to compare the estimated carryovers already included in the FY 2014-15 budget and the actual amount of carryovers needed for each project. The amount already carried over in the FY 2014-15 budget is $4,721,319. Exhibit B lists City capital projects in progress at year-end that require an adjustment to the carryover included in the adopted budget. The total net amount of the additional carry over for capital projects for FY 2014-15 is $453,183.42. Final FY 2013-14 Budaet Adiustments During the FY 2013-14 budget process, the new Law Enforcement Fund was created to capture any realized savings from the Sheriffs Department contract to be used in future years to help fund increases in the Sheriff's Department contract. Originally it was estimated that there would be a savings of $444,686. After FY 13-14 was preliminarily closed, there is a savings of $478,481.61 which requires an additional appropriation of $33,795.61to be transferred from the General Fund to the Law Enforcement Fund at June 30, 2014. There are a few departments that require additional appropriations at June 30, 2014 due to unforeseen expenditures being incurred. They are Engineering ($4,506.59) due to increased plan check costs offset by increased plan check revenue, Park Operations ($31,812.86) due to higher than anticipated utility costs and Building and Safety ($8,561.89) due to an increase in building permit activity which is offset by higher building permit revenue. Other additional FY 2013-14 budget adjustments include an additional transfer from the General Fund to Lighting and Landscape Assessment District #41 in the amount of $6,612.95. The amount of the Land & Conservation Grant needs to be reduced by $2,750 because original estimates were higher that the amount actually received. Exhibit C lists all of the miscellaneous additional changes to the FY 2013-14 budget. The adopted budget anticipated that the City would end the 2013-14 fiscal year with $17.8 million in General Fund reserves. It is now estimated that the General Fund reserves will be $18.3 million at June 30, 2014. Attachments: 1. Exhibit A FY 2014/15 Operating Appropriations 2. Exhibit B FY 2014/15 Capital Project Appropriations 3. Exhibit C FY 2013/14 Final Miscellaneous Appropriation adjustments PREPARED BY: Dianna L. Honeywell Finance Director V Finance Director CITY OF DIAMOND BAR BUDGET CARRYOVER REQUEST From FY: 2013-2014 To FY: 2014-2015 EXHIBIT A -PAGE 1 OF 5 BCR # ACCOUNT NUMBER ACCOUNT DESCRIPTION Carryover Request Amount ADJUSTED BUDGET Associated PO' # 001-4093-44000 Civic Center- Professional Services 22,000.00 130081 001-4093-44000 Civic Center - Professional Services 2.480.00 140288 ACCOUNT TOTAL 24,480.00 001-4095-41300 Public Info - Professional Services 3,500.00 140323 001-4095-44000 Public Info - Professional Services 7,551.50 130300 001-4095-46250 Public Info - Miscellaneous Equipment 10,107.50 140342 001-4096-44000 Econ Dev - Professional Services 3,927.00 140396 001-4096-44000 Econ Dev - Professional Services 30,000.00 150117 001-4096-44000 Econ Dev - Professional Services 50,000.00 150118 ACCOUNT TOTAL 83,927.00 001-4411-45402 Law Enforcement - CS - Sheriff Sp. Events 910.00 140142 001-5230-45520 Neighborhood Imp - Graffiti Removal 3,120.00 140122 001-5333-46250 Diamond Bar Center- Miscellaneous Equip 27,291.42 140363 001-5340-42210 Park Operations - Maint of Grounds/Bldgs 5,173.27 140373 001-5340-42210 Park Operations - Maint of Grounds/Bldgs 1.904.11 140015 7,077.38 REASON FOR Carryover FY 2013-2014 purchase orders for General Fund expenditures to FY 2014-15 budget REQUESTED BY FINANCE APPROVAL APPROVAL REQUIREMENTS DATE DEPARTMENTALAPPROVAL DATE DATE DEPUTY CITY MGR APPROVAL DATE CITY MANAGER APPROVAL DATE CITY COUNCIL APPROVAL DATE CITY OF DIAMOND BAR BUDGET CARRYOVER REQUEST From FY: 2013-2014 To FY: 2014-2015 EXHIBIT A -PAGE 2 OF 5 BCR # ACCOUNT NUMBER'. ACCOUNT DESCRIPTION Carryover Request S. Amount ADJUSTED. Associated;PO BUDGET I# 001-5350-42140 Recreation- Operating Supplies 1,254.22 140026 001-5350-42140 Recreation - Operatin Supplies 3.000.00 140150 ACCOUNT TOTAL 4,254.22 001-5350-45300 Recreation - Contract Services 653.00 140118 001-5350-45300 Recreation - Contract Services 4.000.00 140266 ACCOUNT TOTAL 4,653.00 001-5510-44240 Public Works - PS - Environmental Svcs 7,580.50 130223 001-5510-45221 Public Works - CS - Engineering 14,340.00 140309 001-5510-45227 Public Works - CS - Inspection 894.65 110297 001-5510-45227 Public Works - CS - Inspection 325.00 120237 001-5510-45227 Public Works - CS - Inspection 164.87 120238 001-5510-45227 Public Works - CS - Inspection 139.40 120324 001-5510-45227 Public Works - CS - Inspection 11,998.29 140303 001-5510-45227 Public Works - CS - Inspection 443.25 140403 001-5510-45227 Public Works - CS - Inspection 170.00 140201 001-5510-45227 Public Works - CS - Inspection 605.42 140231 001-5510-45227 Public Works - CS - Inspection 402.84 140276 001-5510-45227 Public Works - CS - Inspection 196.40 140280 001-5510-45227 Public Works - CS - Inspection 328.06 140281 001-5510-45227 Public Works - CS - Inspection 71.61 120328 001-5510-45227 Public Works - CS - Inspection 19,858.94 140355 001-5510-45227 Public Works - CS - Inspection 11,975.13 140356 001-5510-45227 Public Works - CS - Inspection 18 152.80 140357 ACCOUNTTOTAL 65,726.66 REASON FOR Carryover FY 2013-2014 purchase orders for General Fund expenditures to FY 2014-15 budget APPROVAL REQUIREMENTS REQUESTED BY DATE DEPARTMENTAL APPROVAL DATE FINANCE APPROVAL DATE DEPUTY CITU MOR APPROVAL DATE CITY MANAGER APPROVAL DATE CITY COUNCIL APPROVAL DATE CITY OF DIAMOND BAR BUDGET CARRYOVER REQUEST From FY: 2013-2014 To FY: 2014-2015 EXHIBIT A -PAGE 3 OF 5 BCR # ACCOUNT NUMBER ACCOUNT DESCRIPTION Carryover Request Amount ADJUSTED IBUDGET Associated POt # 001-5510-45530 Public Works - CS - Industrial Waste 2,777.99 140183 001-5551-45221 Engineering - CS - Engineering 1,214.24 130226 001-5551-45221 Engineering - CS - Engineering 26,887.50 140308 001-5551-45221 Engineering - CS - Engineering 16.750.00 140309 ACCOUNT TOTAL 44,851.74 001-5551-45222 Engineering - CS - Traffic 39.62 140286 001-5551-45222 Engineering - CS - Traffic 399.57 140187 ACCOUNT TOTAL 439.19 001-5551-45223 Engineering - CS - Plan Check 1,395.16 120357 001-5551-45223 Engineering - CS - Plan Check 1,817.46 140230 001-5551-45223 Engineering - CS - Plan Check 549.94 140259 001-5551-45223 Engineering - CS - Plan Check 1,256.40 140275 001-5551-45223 Engineering - CS - Plan Check 1,001.05 140395 001-5551-45223 Engineering - CS - Plan Check 1,001.05 140401 001-5551-45223 Engineering - CS - Plan Check 126.45 140402 001-5551-45223 Engineering - CS - Plan Check 452.20 140404 subtotal 7,599.71 REASON FOR REQUEST: Carryover FY 2013-2014 purchase orders for General Fund expenditures to FY 2014-15 budget REQUESTED BY FINANCE APPROVAL APPROVAL REQUIREMENTS DATE DEPARTMENTALAPPROVAL DATE DATE DEPUTY CITY MGR APPROVAL DATE CITY MANAGER APPROVAL DATE CITY COUNCIL APPROVAL DATE CITY OF DIAMOND BAR BUDGET CARRYOVER REQUEST From FY: 2013-2014 To FY: 2014.2015 EXHIBIT A -PAGE 4 OF 5 BCR # ACCOUNT NUMBER ACCOUNT DESCRIPTION iCarryover Request Amount ADJUSTED Associated PO: BUDGET # i Con't from Pg 3 001-5551-45223 Engineering - CS - Plan Check 335.58 130329 001-5551-45223 Engineering - CS - Plan Check 252.90 140200 001-5551-45223 Engineering - CS - Plan Check 162.50 130307 001-5551-45223 Engineering - CS - Plan Check 86.25 130310 001-5551-45223 Engineering - CS - Plan Check 1.752.39 1 140295 ACCOUNT TOTAL 10,189.33 001-5554-41250 Road Maint - Road Maintenance Supplies 865.46 140388 001-5554-41250 Road Maint - Road Maintenance Supplies 243.89 140335 001-5554-41250 Road Maint - Road Maintenance Supplies 2.636.06 140387 ACCOUNT TOTAL 3,745.41 001-5554-41300 Road Maint - Small Tools & Equip 231.08 130323 001-555441300 Road Maint - Small Tools & Equip 4,354.77 140274 ACCOUNT TOTAL 4,585.85 001-5554-44520 Road Maint - PS - Engineering 216.60 140187 001-5554-44520 Road Maint - PS - Engineering 4.909.82 140337 ACCOUNTTOTAL 5,126.42 001-5554-45507 Road Maint - CS - Traffic Signal Maint 2,500.00 140283 REASON FOR REQUEST: Carryover FY 2013-2014 purchase orders for General Fund expenditures to FY 2014-15 budget REQUESTED BY FINANCE APPROVAL APPROVAL REQUIREMENTS DATE DEPARTMENTAL APPROVAL DATE DATE DEPUTY CITY MGR APPROVAL DATE CITY MANAGER APPROVAL. DATE CITY COUNCIL APPROVAL DATE CITY OF DIAMOND BAR BUDGET CARRYOVER REQUEST From FY: 2013-2014 To FY: 2014-2015 EXHIBIT A -PAGE 5 OF 5 BCR # ACCOUNT NUMBER'. ACCOUNT DESCRIPTION Carryover Request Amount ` ADJUSTED Associated BUDGET PO # 112-555346230 Prop A - Computer Equip - Hardware 12,500.00 140227 115-5515-42110 Waste Management - Promo Supplies 4,950.00 140394 116-5510-44000 Traffic Impr Fund - Professional Services 18,259.60 140226 116-5510-R44000 Traffic Impr Fund - Professional Services 103,153.02 100296 116-5510-R44000 Traffic Impr Fund - Professional Services 8 995.25 090348 ACCOUNTTOTAL 112,148.27 118-5098-46230 AB2766 - Computer Equip - Hardware 1,715.14 140227 141-5541-45519 LLAD #41 - Professional Services 18,540.00 140384 520-4090-46100 Vehicle Equipment Replace - Auto Equip 56,148.19 140368 530-4070-46230 Equip Replace - Computer Eq - Hardware 7,984.90 140227 232,246.10 REASON FOR Carryover FY 2013-2014 purchase orders for Special Revenue Funds to FY 2014-15 budget APPROVAL REQUIREMENTS REQUESTED BY DATE DEPARTMENTALAPPROVAL DATE FINANCE APPROVAL DATE DEPUTY CITY MGR APPROVAL DATE CITY MANAGER APPROVAL DATE CITY COUNCIL APPROVAL DATE From FY: 2013-2014 To FY: 2014-2015 CITY OF DIAMOND BAR BUDGET CARRYOVER REQUEST EXHIBIT B -PAGE 1 OF 5 BCR # ACCOUNT ACCOUNT CARRYOVER ADJUSTED ASSOCIATED I NUMBER FUNDING SOURCE DESCRIPTION REQUEST AMOUNT + BUDGET PO# Project 01414 Residential & (001) General Fund (Sale Collector Rehab -Area 140207, 140218, of Prop A) 2 31,866.97 140398, 140399 Project 01414 Residential & (111) Collector Rehab -Area 140207, 140218, Gas Tax 2 (679.18) 140398, 140399 Project 01414 Residential & (121) Collector Rehab -Area 140207, 140218, Waste Hauler 2 5,293.77 140398, 140399 Proj 23914 Zone 1 Arterial 140207, 140218, (113) Prop C Overlay 6,938.54 140398, 140399 Proj 24414 Morning Canyon (111) Gas Tax Reconstruction 7,819.60 140314,140315 Proj 22313 Neighborhood Traffic (118) AB2766 Mgmt System 2,600.00 Proj 25613 TS Battery Backup (113) Prop C System 189,329.14 140391, 140392 Proj 60154413 (125) Area 2 Sidewalk ADA CDBG Improvements 2,189.00 Proj 26614 Median Mod - (113) Prop C DBB/Kiowa Crest (79.50) Proj 22813 Grand Ave. (110) Measure R Enhancement 700.00 140180, 140181 245,97&34 REASON FOR REQUEST: Carry Over of Appropriations for Capital Projects in Progess at 6/30/14 REQUESTED BY FINANCE APPROVAL CITY MANAGER APPROVAL APPROVAL REQUIREMENTS DATE DEPARTMENTALAPPROVAL DATE DATE DEPUTY CITY MGR APPROVAL DATE DATE CITY COUNCIL APPROVAL DATE CITY OF DIAMOND BAR BUDGET ADJUSTMENT REQUEST EXHIBIT B -PAGE 2 OF 5 FY 14/15 BA # ACCOUNT NUMBER ACCOUNT DESCRIPTION :INCREASE '+ (DECREASE) ADJUSTED BUDGET 250-39001 Transfer In -CIP Fund 31,866.97 001-9915-49250 Transfer Out - General Fund 31,866.97 250-39111 Transfer In - CIP Fund (679.18) 111-9915-49250 Transfer Out- Gas Tax Fund (679.18) 250-39121 Transfer In - CIP Fund 5,293.77 121-9915-49250 Transfer Out- Waste Hauler Func 5,293.77 250-5510-46411 Street Improvements 36,481.56 250-39113 Transfer In - CIP Fund 6,938.54 113-9915-49250 Transfer Out- Prop C 6,938.54 250-5510-46411 Street Improvements 6,938.54 250-39111 Transfer In - CIP Fund 7,819.60 111-9915-49250 Transfer Out- Gas Tax 7,819.60 250-5510-46411 Street Improvements 7,819.60 250-39118 Transfer In - CIP Fund 2,600.00 118-9915-49250 Transfer Out -AB2766 2,600.00 250-5510-46412 Traffic Control Improvements 2,600.00 250-39113 Proj Transfer In - CIP Fund 189,329.14 113-9915-49250 Transfer Out - Prop C 189,329.14 250-5510-46412 -T Traffic Control Improvements 189,329.14 I REASON FOR REQUEST: 1) Additional Carryover for Residential & Collector Rehab - Area 2 (Project 01414) 2) Additional Carryover for Zone 1 Arterial Overlay (Project 23914) 3) Additional Carryover for Morning Canyon Reconstruction (Project 24414) 4) Additional Carryover for Neighborhood Traffic Management System (Project 22313) 5) Additional Carryover for TS Battery Backup System (Project 25613) APPROVAL REQUIREMENTS REQUESTED BY DATE DEPARTMENTAL APPROVAL DATE FINANCE APPROVAL DATE DEPUTY CITY MGR APPROVAL DATE CITY MANAGER APPROVAL DATE CITY COUNCIL APPROVAL -DATE CITY OF DIAMOND BAR BUDGET ADJUSTMENT REQUEST EXHIBIT B -PAGE 3 OF 5 FY 14/15 BA # ACCOUNT NUMBER ACCOUNT DESCRIPTION INCREASE (DECREASE) ADJUSTED BUDGET 250-39125 Transferin- CIP Fund 52,408.00 125-9915-49250 Transfer Out - CDBG Fund 52,408.00 250-5510-46420 Miscellaneous Improvements 52,408.00 250-39113 Transferin- CIP Fund (79.50) 113-9915-49250 Transfer Out- Prop C (79.50) 250-5510-46420 Miscellaneous Improvements (79.50) 250-39110 Transferin- CIP Fund 700.00 110-9915-46250 Transfer Out- Prop C 700.00 250-5510-46420 Miscellaneous Improvements 700.00 REASON FOR REQUEST: 1) Carryover Adjustment for Area 2 Sidewalk ADA Improvements (Project 60154413) 2) Carryover Adjustment for Median Modification DBB/Kiowa Crest (Project 26614) 3) Additional Carryover for Grand Ave. Enhancement (Project 22813) REQUESTED BY FINANCE APPROVAL APPROVAL REQUIREMENTS DATE DEPARTMENTALAPPROVAL DATE DATE DEPUTY CITY MGR APPROVAL DATE CITY MANAGER APPROVAL DATE CITY COUNCIL APPROVAL -DATE From FY: 2013-2014 To FY: 2014-2015 CITY OF DIAMOND BAR BUDGET CARRYOVER REQUEST EXHIBIT B -PAGE 4 OF 5 BCR # ACCOUNT NUMBER FUNDING SOURCE ACCOUNT DESCRIPTION CARRYOVER REQUESTAMOUNT ADJUSTED BUDGET I ASSOCIATED PO# Project 25213 (250) Land & Water Grant Grandview Trail Design 870.78 140112 Project 25213 (124) Park Dev Fund Grandview Trail Design 664.75 140112 Project 25214 (123) Prop A Safe Parks Grandview Trail Construction 137,973.00 140400, 140397 Project 25214 (250) Land & Water Grant Grandview Trail Construction 49,360.19 140400, 140397 Project 25314 (250) Land & Water Grant Grandview Trail Link Construction 19,101.11 140397 Project 25514 (250) Rec Trails Grant Construction of Steep Canyon Trail/Loop (99.00) Project 25514 (001) General Fund Construction of Steep Canyon Trail/Loop (1.00) 207,869.83 FOR REQUEST: Adjustment of Carry Over of Appropriations for Capital Projects in Progess at 6/30/14 REQUESTED BY FINANCE APPROVAL CITY MANAGER APPROVAL APPROVAL REQUIREMENTS DATE DEPARTMENTALAPPROVAL DATE DATE DEPUTY CITY MGR APPROVAL DATE DATE CITY COUNCIL APPROVAL DATE CITY OF DIAMOND BAR BUDGET ADJUSTMENT REQUEST EXHIBIT B -PAGE 5 OF 5 FY 14/15 BA # ACCOUNTNUMBER ACCOUNT DESCRIPTION INCREASE (DECREASE) ADJUSTED BUDGET 250-31820 Land & Water Cons Grant 870.78 250-39124 Prj 25213 Transfer In - Pk Dev Fund 664.75 124-9915-49250 Prj 25213 Transfer Out - Pk Dev Fund 664.75 250-5310-46415 Prj 25213 Park Improvements 1,533.53 250-39123 Proj 25214 Transfer In - CIP Fund 137,973.00 123-9915-49250 Proj 25214 Transfer Out - Prop A Safe Pks 137,973.00 250-31820 Land & Water Cons Grant 49,360.19 250-5310-46415 Proj 25214 Miscellaneous Improvements 187,333.19 250-31820 Land & Water Cons Grant 19,101.11 250-39001 Proj 25514 Transfer In- CIP Fund (1.00) 001-9915-49250 Proj 25514 Transfer Out - General Fund (1.00) 250-31820 Land & Water Cons Grant (99.00) 250-5310-46415 Proj 25514 Miscellaneous Improvements (100.00) REASON FOR 1) Carryover Adjustment for Grandview Trail Design (Project 25213) 2) Carryover Adjustment for Grandview Trail Construction (Project 25214) 3) Carryover Adjustment for Grandview Trail Link Construction (Project 25314) 4) Carryover Adjustment for Construction of Steep Canyon Trail (Project 25514) APPROVAL REQUIREMENTS REQUESTED BY DATE DEPARTMENTALAPPROVAL DATE FINANCE APPROVAL DATE ASST. CITY MGR APPROVAL DATE CITY MANAGER APPROVAL DATE CITY COUNCIL APPROVAL -DATE CITY OF DIAMOND BAR BUDGET ADJUSTMENT REQUEST - 6/30/2014 A'l Thi C• FY 13/14 Elm ACCOUNT NUMBER ACCOUNT DESCRIPTION INCREASE (DECREASE) ADJUSTED BUDGET 001-9915-49012 Transfer Out - General Fund 33,795.61 478,481.61 012-39001 Transfer In - Law Enforce Fund 33,795.61 478,481.61 001-9915-49141 Transfer Out- General Fund 6,612.95 6,612.95 141-39001 Transfer In - LLAD 141 6,612.95 6,612.92 001-5220-45201 Building & Safety - CS 10,000.00 440,488.00 001-5340-42126 Park Operations - Utilities 35,000.00 297,360.00 001-5551-45223 Engineering - CS - Plan Check 5,000.00 134,581.59 250-31820 Proj 25214 Land & Conservation Grant (2,750.00) 85,540.00 REQUEST: 1) To adjust the FY 2013-14 Transfer of Law Enforcement Contract savings which was higher than anticipated 2) Additional transfer from General Fund for LLAD #41 expenses 3) To adjust the FY 2013-14 Building & Safety budget for increased contract services related to increased building activity offset with increased building revenue. 4) To adjust the FY 2013-14 Park Operations budget for increased utility costs 5) To adjust the FY 2013-14 for increased Plan Check costs offset by increased Plan Check revenue 6) To adjust the FY 2013-14 amount received in Land & Conservation Grant revenue designated for the Grandview Trail Construction APPROVAL REQUIREMENTS REQUESTED BY FINANCE APPROVAL CITY MANAGER APPROVAL DATE DEPARTMENTALAPPROVAL DATE DATE ASST. CITY MGR APPROVAL DATE DATE CITY COUNCIL APPROVAL- DATE CITY COUNCIL Agenda # 6, 10 Meeting Date: 9/16/14 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Man ge . / 11"t TITLE: AWARD OF CONTRACT TO ELITEsOFFICIALS TO OFFICIATE THE CITY OF DIAMOND BAR YOUTH AND ADULT BASKETBALL PROGRAMS FOR THE PERIOD OF SEPTEMBER 16, 2014 THROUGH JUNE 30, 2015 IN THE AMOUNT NOT -TO -EXCEED $35,000. RECOMMENDATION: Approve. FINANCIAL IMPACT: Costs for these services are included in the General Fund of the 2014/15 fiscal year budget and through official fees. General Fund costs are recovered by the City through fees collected from program participants and team registrations and official fees are recovered by fees charged to teams at each game. BACKGROUND: Elite Officials, previously known as And 1 Officials, has provided basketball officials for our year round adult basketball program and our winter youth basketball league for the past 6 years. The City Council awarded a contract to And 1 Officials on July 1, 2008 to provide basketball officials for the period of July 1, 2008 through June 30, 2009. The contract was renewed by the City Council on an annual basis for the next five years. Per the contract, five years is the maximum period the contractor could provide service before a Request for Proposals process was required. A new RFP, dated August 1, 2014 was sent out to four (4) known basketball official assignors. Elite Officials was the only bid received by the City. DISCUSSION: Staff requested proposals from four assignors, with the only valid bid being submitted by Elite Officials. Elite Officials is a low bidder and is extremely professional, and is very responsive in fulfilling the needs of the City. Their bid for the youth league is $21 per official per game and for the adult league $22 per official per game (includes the $1 assignor fee). Staff has determined Elite Officials to be a qualified contractor because of their status as a low bidder, their primary use of CIF certified officials, and their proven professionalism. Their officials are local (live primarily in the Diamond Bar / Walnut area) and the company is timely and organized in providing service. Per the City's Purchasing Ordinance, awards for services to a single vendor in a fiscal year shall not exceed the City Manager's purchasing authority of $25,000 without prior approval from the City Council. Staff anticipates expenditures of $30,000 for adult basketball officials and $5,000 for youth basketball officials, for a total estimated expenditure of $35,000. PREPARED BY: Mickey McKitrick, Recreation Specialist Christy Murphey, Recreation Superintendent REVS B ,' r Bcf fe,1,06'mmunity Services Director ATTACHEMENTS: Service Agreement for 2014/2015 FY Request for Proposal Proposal from Cameron Patton, owner of Elite Officials SPORTS OFFICIALS SERVICE AGREEMENT THIS AGREEMENT is made as of September 16, 2014 by and between the City of Diamond Bar, a municipal corporation ("City") and Elite Officials, ("Contractor"). RECITALS A. City desires to utilize the services of Contractor as an independent contractor to provide services to City as set forth in Exhibit "A", the City's Request for Proposals dated August 1, 2014. B. Contractor represents that it is fully qualified to perform such officiating services by virtue of its experience and the training, education and expertise of its principals and employees. NOW, THEREFORE, in consideration of performance by the parties of the covenants and conditions herein contained, the parties hereto agree as follows: 1. Contractor's Services. A. Scope of Services. The nature and scope of the specific services to be performed by Contractor are as described in Exhibit "A" the City's request for proposals dated, August 1, 2014. B. Level of Services/Time of Performance. The level of and time of the specific services to be performed by Contractor are as set forth in Exhibit "B" and as supplemented in seasonal league playing schedules provided by the City Manager, or his designee. Services commence when official arrives at designated assignment site, and cease when official departs said site. Services do not involve any travel or transportation whatsoever. 2. Term of Agreement. This Contract shall take effect September 16, 2014, and shall continue until June 30, 2015 unless earlier terminated pursuant to the provisions herein. By mutual agreement and consent of City and Contractor, this agreement may be extended for up to five (5), one (1) year increments. Conditions and fees to be negotiated at time of extension, as amended. 3. Compensation. City agrees to compensate Contractor for each service which Contractor performs to the satisfaction of City in compliance with the schedule set forth in Exhibit "B." Payment will be made only after submission of proper invoices in the form specified by City. Total payment to Contractor pursuant to this Agreement shall not exceed thirty-five thousand dollars ($35,0001 annually. 4. General Terms and Conditions. In the event of any inconsistency between the provisions of this Agreement and Contractor's proposal, the provisions of this Agreement shall control. 5. Addresses City: City Manager Contractor: Cameron Patton, Owner City of Diamond Bar Elite Officials 21810 Copley Drive 18297 Vine St. Diamond Bar, California 91765 Hesperia, CA 92345 6. Status as Independent Contractor. A. Contractor is, and shall at all times remain as to City, a wholly independent contractor. Contractor shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Contractor or any of Contractor's employees, except as set forth in this Agreement. Contractor shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City. B. Contractor agrees to pay all required taxes on amounts paid to Contractor under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. In the event that City is audited by any Federal or State agency regarding the independent contractor status of Contractor and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between City and Contractor, then Contractor agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto. C. Contractor represents that he does not have any employees nor will he have any employees during the term of this contract. Contractor shall fully comply with the workers' compensation law regarding Contractor and Contractor's employees. Contractor further agrees to indemnify and hold City harmless from any failure of Contractor to comply with applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor's failure to promptly pay to City any reimbursement or indemnification arising under this Section 6. 7. Standard of Performance. Contractor shall perform all work at the standard of care and skill ordinarily exercised by members of the profession under similar conditions. 8. Indemnification. Contractor agrees to indemnify the City, its officers, agents, volunteers, employees, and attorneys against, and will hold and save them and each of them harmless from, and all actions, claims, damages to persons or property, penalties, obligations, or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision or other organization arising out of the acts, errors or omissions of Contractor, its agents, employees, subcontractors, or invitees, including each person or entity responsible for the provision of services hereunder. In the event there is more than one person or entity named in the Agreement as a Contractor, then all obligations, liabilities, covenants and conditions under this Section 8 shall be joint and several. 9. Insurance. Contractor shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company admitted to do business in California and approved by the City a policy or policies of broad -form comprehensive general liability insurance with minimum limits of $1,000,000 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Contractor, its officers, employees, agents, and independent contractors in performance of services under this Agreement. Contractor shall require contracting officials to carry automobile insurance per State of California law; City, its officers, employees, attorneys, and volunteers shall be named as additional insureds on the policy(ies) as to comprehensive general liability. The policy (ies) as to comprehensive general liability, shall provide that they are primary, and that any insurance maintained by the City shall be excess insurance only. A. All insurance policies shall provide that the insurance coverage shall not be non -renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City thirty (30) day's prior written notice thereof. Contractor agrees that it will not cancel, reduce or otherwise modify the insurance coverage. B. All policies of insurance shall cover the obligations of Contractor pursuant to the terms of this Agreement; shall be issued by an insurance company which is admitted to do business in the State of California or which is approved in writing by the City; and shall be placed with a current A.M. Best's rating of no less that A VII. C. Contractor shall submit to City insurance certificates indicating compliance with the minimum insurance policy endorsements indicating compliance with all minimum insurance requirements above, not less that one (1) day prior to beginning of performance under this Agreement. Endorsements shall be executed on City's appropriate standard forms entitled "Additional Insured Endorsement", or a substantially similar form which the City has agreed in writing to accept. 10. Conflict of Interest. A. Contractor covenants that it presently has no interest and shall not acquire any interest, director or indirect, which may be affected by the services to be performed by Contractor under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Contractor further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Contractor 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. Contractor 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. Contractor's covenant under this section shall survive the termination of this Agreement. 11. Termination. City may terminate this Agreement with or without cause upon fifteen (15) days' written notice to the other party. Contractor may terminate this Agreement with or without cause upon ninety (90) days written notice to the City. The effective date of termination shall be upon the date specified in the notice of termination. In the event of such termination, City agrees to pay Contractor for services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written notice of termination, Contractor shall discontinue performing services. 12. Personnel. Contractor represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Contractor or under it supervision, and all personnel engaged in the work shall be qualified to perform such services. Contractor reserves the right to determine the assignment of its own employees to the performance of Contractor's services under this Agreement, but City reserves the right, for good cause, to require Contractor to exclude any employee from performing services on City's premises. 13. Non -Discrimination and Equal Employment Opportunity. A. Contractor 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 fornls of compensation; and selection for training, including apprenticeship. B. Contractor will, in all solicitations or advertisements for employees placed by or on behalf of Contractor 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. Contractor 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. 14. Assignment. Contractor shall not assign or transfer any interest in this Agreement nor the performance of any of Contractor's obligations hereunder, without the prior written consent of City, and any attempt by Contractor to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect. 15. Comptianee with Laws. Contractor shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. 16. Non -Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Contractor constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Contractor, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 17. Attorney's Fees. In the event that either party to this Agreement shall commence any legal or equitable action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing parry in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees and costs, including costs of expert witnesses and consultants. 18. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during regular business hours or by facsimile before or during regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement; or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section. 19. Governing Law. This Contract shall be interpreted, construed and enforced in accordance with the laws of the State of California. 20. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument. 21. Entire Agreement. This Agreement, and any other documents incorporated herein by specific reference, represents the entire and integrated agreement between Contractor and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by the City Manager or the Mayor and attested by the City Clerk. 22. Exhibits. All exhibits referred to in this Agreement are incorporated herein by this reference. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. "City" ATTEST: CITY OF DIAMOND BAR By: By: Tommye Cribbins Carol Herrera City Clerk Mayor Approved as to form: By: City Attorney "CONTRACTOR" By: Its: Exhibit A REQUEST FOR PROPOSAL The City of Diamond Bar is currently requesting proposals for a provider of CIF Certified Basketball Officials. Proposals are due no later than Friday, August 1, 2014. Introduction The City of Diamond Bar operates both youth and adult basketball leagues. We are currently accepting proposals for CIF Certified Basketball Officials to referee basketball games beginning in September 2014 and continuing through June 2015. The adult basketball league has games on Sundays year-round, while the youth league operates on Saturdays from January 2015 until March 2015 (ten weeks). Two certified officials are required for all youth and adult games. Scope of Work The proposal must provide for the following services: Minimum Services Requirements • Provide CIF Certified Basketball Officials. • Arrive to the desired site at specific time. • Wear appropriate referee uniform. • The contractor will keep in force comprehensive Personal Liability and Property Damage Insurance with the limits of at least $1,000,000 for bodily injury or death of any one person or for any one accident or occurrence and at least $1,000,000 for property damage. The City of Diamond Bar; its elected officials, officers, agents or employees will be listed as additionally insured on the policy. • The contractor will sign an agreement to provide services for one year. The agreement will contain a provision to extend the agreement in one year increments for up to 5 years. A sample agreement is attached to this document. • In the event that the agreement is extended for one or more one year periods, the official's unit prices shall be subject to adjustment at the commencement of the extended term and annually thereafter. Any increase in compensation will be negotiated between the City and the contractor, with the limits being no increase to a maximum of the cost of living. Proposal Deadline In order to be considered as a provider of the described assigning of officials, the proposal addressing all requirements must be submitted to the City of Diamond Bar Community Services Department no later than Friday, August 1, 2014 at 4:30 P.M. Selection Process After the August 1, 2014 submittal deadline, a telephone interview may be conducted to review the proposal. Selection will be made by August 15, 2014. If you have any questions about the RFP or the selection process, please contact Mickey McKitrick, Recreation Specialist. Please submit all proposals to: City of Diamond Bar Community Services Division Attention: Mickey McKitrick, Recreation Specialist 21.810 Copley Drive Diamond Bar, CA 91765-4178 Fax 909.612.4580 email: mmckitrick(aa,diamondbarca.gov Proposal Exhibit B Elite Officials To: Valued Clients, From: Cameron Patton, Elite Officials Date: July 31, 2014 I appreciate the opportunity to submit the following proposal. Please call me with any questions at (909) 238-0167. 1. OVERVIEW Elite Officials provides experienced NCAA, NBA Pro Am, F1BA and CIF certified Officials for every level of play for youth, adult leagues, and tournaments. We cover the greater Los Angeles, Orange County, Inland Empire and High Desert areas. Our objective is to promote knowledge of basketball as well as fair play to all levels of the game, as well as excellence, professionalism, and un -biased officiating. Our goal is to raise the quality and standards of basketball officiating. 11. REQUIREMENTS OF OFFICIALS • Certification • Sportsmanship • Professionalism • Knowledge of Rules • Accountability • Approachable • Organized • Timeliness III. KNOWLEDGE OF GAME Many of our officials have played the game at the high school, college, pro -am and NBA level. I promote officiating camps to all of the officials that work for me as well as encourage continuing education and to improve individual skills. Our officials know and understand the rules of the game, and utilize proper officiating mechanics whether it is a youth league, adult league or tournaments. IV. FEES • Youth league: $21 per game. • Adult league $22 per game (Includes $1 assignors fee) V. NO SHOW & PERFORMANCE No Shows In the event that one of our officials do not or cannot make the venue, there will be a credit given to that client for the game(s) missed. If the official misses the first half of the first game, that official will be docked for that half and the client will be issued a credit for that half. If the official(s) missed the entire game, they will be docked for that game and a full credit will be issued to the client. Exceptions are outlined in official's "Elite Official's Agreement'. If an official(s) misses dates or arrives late at the location a second time, the official(s) will be suspended from that location. Performance If one of our official(s) does not perform to our or our clients standards, the client has the right to request that official(s) be taken off the schedule for that location. We encourage use of the "Admin Login" and "Feedback" forms on our website, www.eliteofficials.com, in order for us to continue to give you nothing less than the best in professional officiating! Thank for your time and consideration. Cameron Patton Elite Officials http://www.eliteofficials.com CITY COUNCIL. Agenda # 6.11 Meeting Date: September 16, 2014 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Mana6; TITLE: APPROVE NOTICE OF COMPLE ON FOR THE CASTLE ROCK ROAD AND CROOKED CREEK DRIVE NEIGHBORHOOD TRAFFIC MANAGEMENT PROGRAM PROJECT. RECOMMENDATION: Approve. FINANCIAL IMPACT: There is no financial impact. BACKGROUND/DISCUSSION: The City Council awarded a construction contract to Carvajal Trucking & Tractor, Inc. on June 17, 2014 in an amount of $29,366.85 with a contingency amount of $3,000.00 for a total authorization amount of $32,366.85. The City issued the Notice to Proceed for the construction on August 11, 2014 and construction was completed on August 22, 2014. Carvajal Trucking & Tractor, Inc. has completed all work required in accordance with the plans and specifications approved by the City. The following traffic calming tools were installed as part of the project: 1. Three (3) speed cushions along Castle Rock Road and two (2) speed cushions along Gold Run Drive with associated pavement legends and signage. 2. Double center line striping with edge line/parking striping along Gold Run Drive between Running Branch Road and Crooked Creek Drive. 3. Speed limit signs on Gold Run Drive at Running Branch Road, on Crooked Creek Drive at Gold Run Drive, on Ambushers Street at Pasado Drive, and Running Branch Road near Gold Run Drive. The final construction cost of the project is $29,366.85 which is $3,000.00 under the authorized budget. No contract change orders were issued for this project. PREPARED BY: Christian Malpica, Associate Engineer Date Prepared: September 9, 2014 REVIEWED BY: Davi . L' , Director of Public Works Attachments: Notice of Completion CITY COUNCIL Agenda # 6.1 2 (a) Meeting Date: September 16, 2014 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Man TITLE: APPROVE AMENDMENT NO. 1 TO THE RIGHT-OF-WAY COOPERATIVE AGREEMENT WITH THE CITY OF INDUSTRY AND THE STATE OF CALIFORNIA THROUGH THE DEPARTMENT OF TRANSPORTATION (CALTRANS) FOR THE CONSTRUCTION OF A NEW FREEWAY INTERCHANGE AT LEMON AVENUE ON STATE ROUTE 60 RECOMMENDATION: Approve. FISCAL IMPACT: To date, the City of Diamond Bar has secured a total of $11.3 Million in funding which includes $8.63 Million in Federal SAFETEA-LU funds for the Lemon Ave. Interchange Project, $2.294 Million in Metro Prop C funds and $0.4 Million in Highway Safety Improvement Program (HSIP) funds. Additionally, the City of Industry has committed $4.9 Million towards the project and has also agreed to backfill the approximate project shortfall in the amount of $6.2 Million. The total cost of the project is estimated at $22.34 Million, which includes $2.78 Million for the Environmental and Design Phase, $2.24 Million ($597,200 in Caltrans support costs and $1,640,000 in acquisition costs) for the Right-of-way Phase and $17.32 Million for Construction and Construction Management. For the right-of-way phase of the project, $1,751,045 of the Federal SAFETEA-LU Funds has been committed. An additional $405,430 in Metro Prop C funds and $80,725 in Industry funds will be used for the required match to use the Federal SAFETEA-LU funds. BACKGROUND/DISCUSSION: On December 7, 2010 the City Council approved a Freeway Agreement with the State of California to construct a new partial diamond interchange on SR -60 Freeway at Lemon Avenue. The project will consist of a three legged interchange, hence the term partial diamond interchange, consisting of a westbound on-ramp, eastbound on-ramp and eastbound off -ramp. On September 20, 2011 the City Council approved the Right -of -Way Cooperative Agreement with the City of Industry and the State of California (Caltrans) for the partial -1_ acquisition of property and temporary construction easements of nine (9) residential properties along Flintgate Drive and four (4) commercial properties. The right-of-way phase commenced in March 2012 and continues. Approval of the original agreement authorized the State to perform all right-of-way acquisitions with the understanding that the City of Industry will pay for the associated costs for the right-of-way phase of the agreement. On October 2, 2012 the Council approved a Memorandum of Understanding with the City of Industry outlining the terms of reimbursement for funds that Industry would expend for the right-of-way phase. All funds reimbursed to the City of Industry are from the Federal SAFETEA-LU and Metro Prop C funds that Diamond Bar was granted. Diamond Bar's general funds are not being used for the reimbursement to the City of Industry. Within a few months of the right-of-way phase beginning, it became apparent that the acquisition cost estimates needed to be adjusted to include the costs of condemnation proceedings, which had not originally been anticipated to be necessary. To date, only four of the thirteen acquisitions have been settled and the remaining are proceeding with condemnation. The cost estimate for the capital cost (acquisition cost) for the project in the original agreement was $900,000 with an original support cost estimate of $586,000. This Amendment No. 1 adjusts the capital cost to $1,640,000 and support cost to $597,200. Amendment No. 1 also identifies the use of Metro Prop C funds for the right-of- way phase of the project, which had not originally been included. Upon learning of the increase in funds necessary for the right-of-way phase, the City requested and was granted the use of the Prop C Funds by Metro in November 2013, which had originally been earmarked for construction only. All other terms of the original Cooperative Agreement remain unchanged. By approving this Amendment No. 1 to the Cooperative Agreement the City will be authorizing the State to continue with all the right-of-way acquisitions. A separate Amendment to the Memorandum of Understanding executed between the City of Diamond Bar and City of Industry will be presented to the respective Councils at a later date redefining the reimbursement estimates due to the increase in right-of-way phase costs. PREPARED BY: DATE PREPARED: Kimberly M. Young, Senior Civil Engineer September 8, 2014 REVIEW D G. 4d P. E. Director of Public Works ATTACHMENTS: Amendment No. 1 to Cooperative Agreement No. 07-4832 -2- 07-LA-60-R22.0/R23.0 Lemon Avenue Overcrossing EA: 22410 District Agreement 07-4832A-1 /_ u ► 1�1/ � Y�[��rIC�7_�117r)1�Iu1�►1�Y THIS AMENDMENT NO. 1 TO AGREEMENT, ENTERED INTO EFFECTIVE ON , 2014, is between the STATE OF CALIFORNIA, acting by and through its Department of Transportation, referred to herein as "STATE", CITY OF DIAMOND BAR, a body politic and a municipal corporation of the State of California, referred to herein as "CITY", and CITY OF INDUSTRY, a body politic and a municipal corporation of the State of California, referred to herein as "INDUSTRY". District Agreement No. 07-4832A-1 RECITALS The parties hereto entered into an Agreement No.07-4832 (AGREEMENT) on October 6, 2011, defining the terns and conditions under which the project Right of Way (R/W) capital and support activities are performed and financed on CITY'S proposed State Highway improvements consisting of the construction of a new partial diamond interchange on State Route 60 (SR 60) at existing Lemon Avenue undercrossing, referred to herein as "PROJECT". 2. The actual right of way capital cost for PROJECT has increased beyond the authorized cost in AGREEMENT due to the increased number of parcels and required easements that were identified in the latest Right of Way Data Sheet prepared on September 27, 2011. The right of way support cost has also increased due to additional hours spent on survey work to identify and stake out the existing and proposed right of way lines including the temporary easements. The parties now seek to amend AGREEMENT to revise the estimated cost of the estimated R/W capital and support costs and proportionate percentages so that PROJECT may proceed. IT IS THEREFORE MUTUALLY AGREED Article 2 of Section 11 of said AGREEMENT is replaced in its entirety to read as follows: "To pay one hundred percent (100%) of the total actual right of way support portion of STATE SERVICES, up to a maximum of $597,200 as up -front cash for PROJECT costs. If it becomes apparent that the total maximum cost for right of way support for PROJECT will exceed the maximum amount programmed for expenditure, INDUSTRY shall work promptly to determine necessary additional costs and the source of the additional funds. INDUSTRY's share of the right of way support will not exceed a maximum amount of $80,725. 2. Article 3 of Section II of said AGREEMENT is replaced in its entirety to read as follows: To pay one hundred percent (100%) of the total actual right of way capital portion of STATE SERVICES, up to a maximum of $1,640,000, per STATE's Project Report's R/W Data Sheet dated September 27, 2011 as up -front cash for PROJECT costs. If it becomes apparent that the total maximum cost for right of way capital for PROJECT will exceed the maximum amount programmed for expenditure, INDUSTRY sball work promptly to determine necessary additional costs and the source of the additional funds and Programming. Article 3 of Section III of AGREEMENT is replaced in its entirety to read as follows: "To seek eighty percent (80%) federal and twenty percent (20%) local reimbursements for the total right of way support and capital costs up to a maximum of $1,789,760 in SAFETEA-LU and $450,000 in Proposition C 25% funds. The funds are to be expended based on the monthly billing statements of STATE SERVICES and quarterly reports of reconciled expenditures prepared by STATE. 4. EXHIBIT A of AGREEMENT is deleted in its entirety and replaced with FUNDING SUMMARY -1. Any reference to the EXHIBIT A in the AGREEMENT is deemed to refer to the revised FUNDING SUMMARY -1 attached herein. District Agreement No. 07-4832A-1 The Parties will document specific funding, billing, and payment details in the separate FUNDING SUMMARY. A valid FUNDING SUMMARY must be in place at all times until PROJECT COMPLETION. The Parties will create a new FUNDING SUMMARY each time the funding, billing and payment details of PROJECT change. The FUNDING SUMMARY is only valid after each FUNDING party signs and dates the FUNDING SUMMARY. The most current fully executed FUNDING SUMMARY supersedes any previous FUNDING SUMMARY created for this Agreement. A new FUNDING SUMMARY will not require an amendment to AGREEMENT unless the total funding commitment of a funding party changes, or the rules of the new funds require it. Each party will designate an authorized representative to sign the FUNDING SUMMARY on its behalf. 6. Except as specifically provided herein, all other terms and conditions of AGREEMENT shall remain in full force and effect. This Amendment No. I is hereby deemed to be a part of AGREEMENT. SIGNATURES The parties declare that: 1. Each party is an authorized legal entity under California state law. 2. Each party has the authority to enter into this Amendment No. I to AGREEMENT. 3. The people signing this Amendment No. 1 have the authority to do so on behalf of their public agencies. MALCOLM DOUGHERTY Director By: Carrie L. Bowen District Director APPROVED AS TO CONTENT: By: Andrew P. Nierenberg District Deputy Director of Right of Way APPROVED AS TO FORM AND PROCEDURES: By: -,-- Attorney Department of Transportation CERTIFIED AS TO FUNDS: By: Paul Kwong District Budget Manager District Agreement No. 07-4832A-1 CITY OF DIAMOND BAR By: Carol Herrera Mayor Attest: Tommye A. Cribbins City Clerk APPROVED AS TO FORM AND PROCEDURE: By: David DeBerry City Attorney CITY OF INDUSTRY By: Tim Spohn Mayor Attest: Jodi Scrivens City Clerk APPROVED AS TO FORM AND PROCEDURE: CERTIFIED AS TO FINANCIAL TERMS AND CONDITIONS: By: By: - Accou ministrator 4 Michele Vadon City Attorney 07-LA-60-R22.0/R23.0 Lemon Avenue Overcrossing EA: 22410 Funding Source Funding Pa �'tY Fund Type R/W Capital RtW Support Totals by Fund Type IMPLEMENTING AGENCY CALTRANS '. FEDERAL.. CITY `' SAFETEA LU .$1,273,285' ;$477,760 ' $1,751,045 . LOCAL INDUSTRY Local $0 $80,725 $80,725 LOCAL CITY Proposition C $366,715 $38,715 $405,430 Totals Component $1,640,000 $597,200 $2,237,200 This table represents full funding of the PROJECT COMPONENT in Agreement 07-4832. Billing and payment details follow. Cost: R/W SUPPORT 1. Each party listed below will do work for R/W Support as described in the SCOPE SUMMARY of Agreement 07-4832: CALTRANS PACT 10.1 E 2012_06_11 1 of 3 District Agreement 07-4832A-1 Therefore, based on the funding types displayed in the FUNDING SUMMARY table for this PROJECT COMPONENT: 0 CALTRANS will invoice INDUSTRY. The parties will exchange funds for actual costs. CALTRANS will submit to INDUSTRY monthly invoices for estimated monthly costs based on the prior month's expenditures. Cost: RIW CAPITAL 2. CALTRANS will invoice INDUSTRY for the actual cost of RIW CAPITAL cost. After all parties agree that all WORK is complete, CALTRANS will submit a final accounting for all RIW costs. Based on the final accounting, the parties will refund or invoice as necessary in order to satisfy the financial commitments of this Agreement. 3. CALTRANS is the IMPLEMENTING AGENCY for RIW CAPITAL as described in AGREEMENT. Therefore, based on the funding types displayed in the FUNDING SUMMARY table for this PROJECT COMPONENT: • CALTRANS will invoice INDUSTRY. The parties will exchange funds for actual costs. CALTRANS will submit to INDUSTRY monthly invoices for estimated monthly costs based on the prior month's expenditures. PACT 10.1E 2012_06_11 2 of 3 APPROVED C Date Ul District Budget Manager HQ 1 counting District Agreement 07-4332A-1 APPROVED Carol Herrera Mayor Date CITY OF INDUSTRY APPROVED Date Tim Spohn Mayor PACT 10.1 E 2012_06_11 3 of 3 CITY COUNCIL Agenda # 6 12(b) Meeting Date: September 16 2014 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Man TITLE: APPROVE ADVERTISE, AWARD ADMINISTER (AAA) COOPERATIVE AGREEMENT WITH THE SUCCESSOR AGENCY TO THE INDUSTRY URBAN -DEVELOPMENT AGENCY AND THE STATE OF CALIFORNIA THROUGH THE DEPARTMENT OF TRANSPORTATION (CALTRANS) FOR THE CONSTRUCTION OF A NEW FREEWAY INTERCHANGE AT LEMON AVENUE ON STATE ROUTE 60 RECOMMENDATION: Approve. FISCAL IMPACT: The total cost of the project is estimated at $22.34 Million which includes $2.78 Million for the Environmental and Design Phase, $2.24 Million ($597,200 in Caltrans support costs and $1,640,000 in acquisition costs) for the Right-of-way Phase and $17.32 Million for Construction and Construction Management. To date, the City of Diamond Bar has secured a total of $11.3 Million in funding which includes $8.63 Million in Federal SAFETEA-LU funds for the Lemon Ave. Interchange Project, $2.294 Million in Metro Prop C funds and $0.4 Million in Highway Safety Improvement Program (HSIP) funds. Additionally, the City of Industry has committed $4.9 Million towards the project and has also agreed to backfill the estimated project shortfall in the amount of $6.2 Million. BACKGROUND/DISCUSSION: On December 7, 2010 the City Council approved a Freeway Agreement with the State of California to construct a new partial diamond interchange on SR -60 Freeway at Lemon Avenue. The project will consist of a three legged interchange, hence the term partial diamond interchange, consisting of a westbound on-ramp, eastbound on-ramp and eastbound off -ramp. On September 20, 2011 the City Council approved the Right -of -Way Co-operative Agreement with the City of Industry and the State of California (Caltrans) for the partial acquisition of property and temporary construction easements from nine (9) residential properties along Flintgate Drive and four (4) commercial properties. The right-of-way phase continues and is expected to be completed by the end of the calendar year. Once all _1_ property and easements have been acquired and final plans approved by Caltrans the project will be ready to advertise and award. It is expected that construction will begin in June 2015 with a completion by January 2017. The Agreement being presented to Council is a three -party agreement wherein the City of Diamond Bar is essentially contracting with the State to work advertise the project, award the project to the successful low bidder, and administer the contract in terms of construction administration services (i.e., inspection services). The Successor Agency to the Industry Urban -Development Agency is a party to the Agreement because they have agreed to front 100% of the funds necessary to perform this phase of the project. The use of Federal SAFETEA-LU funds requires a 20% match of local funds. Additionally, the SAFETEA-LU, MTA Grant, and HSIP funds are not given to the City as one time deposit. Rather, they are distributed to the City as a reimbursement for work completed on the project. By approving this Agreement the City will be authorizing the State to perform all the construction related activities to the project with the understanding that the City of Industry will pay for the associated costs for this phase of the project and Diamond Bar will reimburse Industry in the amount not to exceed $10,056,840 (58% of the total cost of construction and construction management activities) which is the sum of $7,810,240 in SAFETEA-LU funds, $1,846,600 in Metro Grant funds and $400,000 in HSIP funds. Once this Agreement is signed by all parties, authorization to proceed with the construction phase of the project must be obtained from the Local Assistance Engineering Division at Caltrans. This division is tasked with monitoring the use of all Federal Funds granted to local agencies. PREPARED BY: DATE PREPARED: Kimberly M. Young, Senior Civil Engineer September 10, 2014 REVIE�FV D B David . Liu, P.E. Director of Public Works ATTACHMENTS: Cooperative Agreement —2— 07 -LA -60-21.5R/23.0 R EA: 22410 District Agreement 07-4919 COOPERATIVE AGREEMENT This Agreement, effective on , is between the State of California, acting through its Department of Transportation, referred to as CALTRANS, City of Diamond Bar, a body politic and municipal corporation of the State of California, referred to hereinafter as CITY, and Successor Agency to the Industry Urban -Development Agency, a public body and successor by operation of law to the Industry Urban -Development Agency, referred to hereinafter as AGENCY RECITALS PARTNERS are authorized to enter into a cooperative agreement for improvements to the state highway system (SHS) per the California Streets and Highways Code sections 114 and 130. For the purpose of this Agreement, the project consisting of construction of a partial interchange at Lemon Avenue, removal of the existing eastbound off and on -ramps at Brea Canyon Road and construction of an auxiliary lane from the proposed eastbound on-ramp to the southbound connector to State Route 57, will be referred to hereinafter as PROJECT. This description only serves to identify the PROJECT. The PROJECT scope of work is defined in the appropriate authorizing documents per the Project Development Procedures Manual. 3. All responsibilities assigned in this Agreement to complete the following PROJECT COMPONENTS will be referred to hereinafter as OBLIGATIONS: • CONSTRUCTION SUPPORT • CONSTRUCTION CAPITAL 4. This Agreement is separate from and does not modify or replace any other cooperative agreement or memorandum of understanding between PARTNERS regarding the PROJECT. Prior to this Agreement: • CALTRANS developed the Project Initiation Document. • AGENCY developed the Project Report (Cooperative Agreement No. 07-4758). • AGENCY developed the Plans, Specifications and Estimate (Cooperative Agreement No. 07-4809). • CALTRANS is implementing the Right of Way activities (Cooperative Agreement No. 07-4932) 6_ AGENCY prepared the environmental documentation for the PROJECT. CALTRANS Agreement 07-4919 Project Number: 0700000357 In this Agreement capitalized words represent defined terms and acronyms. 8. PARTNERS hereby set forth the terms, covenants, and conditions of this Agreement, under which they will accomplish OBLIGATIONS. RESPONSIBILITIES 9. CITY is SPONSOR for 58% of PROJECT. 10. AGENCY is SPONSOR for 42% of PROJECT. 11. CITY and AGENCY are the only FUNDING PARTNERS for this Agreement. CITY will provide $10,056,840, (58%) of the total PROJECT cost. AGENCY will provide $ 7,258,526, (42%) of the total PROJECT cost. The details of the funding commitment are documented in the latest FUNDING SUMMARY 12. CALTRANS is IMPLEMENTING AGENCY for CONSTRUCTION. 13. CALTRANS is the CEQA and NEPA lead agency for PROJECT. SCOPE Scope: General 14. PARTNERS will perform all OBLIGATIONS in accordance with federal and California laws, regulations, and standards; FHWA STANDARDS; and CALTRANS STANDARDS. 15. The IMPLEMENTING AGENCY for a PROJECT COMPONENT will provide a Quality Management Plan (QMP) for that component as part of the PROJECT MANAGEMENT PLAN. 16. Any PARTNER may, at its own expense, have representatives observe any OBLIGATIONS performed by another PARTNER. Observation does not constitute authority over those OBLIGATIONS. 17. Each PARTNER will ensure that personnel participating in OBLIGATIONS are appropriately qualified or licensed to perform the tasks assigned to them. 18. PARTNERS will invite each other to participate in the selection of any consultants who participate in OBLIGATIONS. 19. If WORK is done under contract (not completed by a PARTNER's own employees) and is governed by the California Labor Code's definition of "public works" (section 1720(a)), that PARTNER will CALTRANS Agreement 07-4919 Project Number: 0700000357 29. CALTRANS' acquisition or acceptance of title to any property on which any HM -1 or HM -2 is found will proceed in accordance with CALTRANS' policy on such acquisition. 30. PARTNERS will comply with all of the commitments and conditions set forth in the environmental documentation, environmental permits, approvals, and applicable agreements as those commitments and conditions apply to each PARTNER's responsibilities in this Agreement. 31. IMPLEMENTING AGENCY for each PROJECT COMPONENT will furnish PARTNERS with written quarterly progress reports during the implementation of OBLIGATIONS in that component. 32. Upon OBLIGATION COMPLETION, ownership or title to all materials and equipment constructed or installed for the operations and/or maintenance of the SHS within SHS right of way as part of WORK become the property of CALTRANS. CALTRANS will not accept ownership or title to any materials or equipment constructed or installed outside SHS right of way. 33. IMPLEMENTING AGENCY for a PROJECT COMPONENT will accept, reject, compromise, settle, or litigate claims of any non -Agreement parties hired to do WORK in that component. 34. PARTNERS will confer on any claim that may affect OBLIGATIONS or PARTNERS' liability or responsibility under this Agreement in order to retain resolution possibilities for potential future claims. No PARTNER will prejudice the rights of another PARTNER until after PARTNERS confer on claim. 35. PARTNERS will maintain, and will ensure that any party hired by PARTNERS to participate in OBLIGATIONS will maintain, a financial management system that conforms to Generally Accepted Accounting Principles (GAAP), and that can properly accumulate and segregate incurred PROJECT costs and billings. 36. If FUNDING PARTNERS fund any part of OBLIGATIONS with state or federal funds, each PARTNER will comply, and will ensure that any party hired to participate in OBLIGATIONS will comply with the federal cost principles of 2 CFR, Part 225, and administrative requirements outlined in 49 CRF, Part 18. These principles and requirements apply to all funding types included in this Agreement. 37. PARTNERS will maintain and make available to each other all OBLIGATIONS -related documents, including financial data, during the term of this Agreement. 38. PARTNERS will retain all OBLIGATIONS -related records for three (3) years after the final voucher. CALTRANS Agreement 07-4919 Project Number: 0700000357 Scope: Environmental Permits, Approvals and Agreements 46. Each PARTNER identified in the Environmental Permits table below accepts the responsibility to complete the assigned activities. If PARTNERS later determine that an environmental permit, approval or agreement is necessary PARTNERS will amend this Agreement to ensure completion and implementation of all environmental permits, approvals, and agreements. ENVIRONMENTAL PERMITS Permit Coordinate Prepare Obtain Implement Renew Amend 401 RWQCB CALTRANS CITY CITY CALTRANS CITY CITY NPDES CALTRANS CITY CITY CALTRANS CITY CITY SWRCB State Waste CALTRANS CITY CITY CALTRANS CITY CITY Discharge Requirements (Porter Cologne) RWQCB Scope: Construction 47. Physical and legal possession of right of way must be completed prior to construction advertisement, unless PARTNERS mutually agree to other arrangements in writing. Right of way conveyances must be completed prior to OBLIGATION COMPLETION, unless PARTNERS mutually agree to other arrangements in writing. 48. CALTRANS will not employ any finn to perform PROJECT construction management that prepared PROJECT plans, specifications, and estimate and CALTRANS will ensure that any such firm will not be employed by or under contract to the PROJECT construction contractor. However, PARTNERS may retain such a firm to check shop drawings, do soil foundation tests, test construction materials, and perform construction surveys. 49. CALTRANS will advertise, open bids, award, and approve the construction contract in accordance with the California Public Contract Code and the California Labor Code. By accepting responsibility to advertise and award the construction contract, CALTRANS also accepts responsibility to administer the construction contract. 50. CALTRANS will provide a RESIDENT ENGINEER and CONSTRUCTION SUPPORT staff that are independent of the design engineering company and construction contractor. 51. CALTRANS will provide a landscape architect who will be responsible for all landscaping activities within the SHS. CALTRANS Agreement 07-4919 Project Number: 0700000357 60. Unless otherwise documented in the FUNDING SUMMARY, all fund types contributed to a PROJECT COMPONENT will be spent proportionately within that PROJECT COMPONENT. 61. Unless otherwise documented in the FUNDING SUMMARY, any savings recognized within a PROJECT COMPONENT will be credited or reimbursed, when allowed by policy or law, in proportion to the amount contributed to that PROJECT COMPONENT by each fund type. 62. After PARTNERS agree that all WORK is complete for a PROJECT COMPONENT, PARTNER(S) will submit a final accounting for all OBLIGATIONS costs. Based on the final accounting, PARTNERS will refund or invoice as necessary in order to satisfy the financial commitments of this Agreement. 63. If FUNDING PARTNERS fund OBLIGATIONS with American Recovery and Reinvestment Act (ARRA) funds, PARTNERS will adopt the terms, conditions, requirements, and constraints of the American Recovery and Reinvestment Act of 2009. 64. If FUNDING PARTNERS fund OBLIGATIONS with Proposition 1B Bond funds, PARTNERS will meet the requirements of Government Code Section 8879.20 et al. (Proposition 1 legislation), the governor's Executive Order 2007-S-02-07, and the California Transportation Commission (CTC) program guidelines for the applicable account. Right of way purchased using Proposition 1B Bond funds will become the property of CALTRANS, and any revenue from the sale of excess lands originally purchased with bond funds will revert to CALTRANS. 65. The cost of any awards, judgments, or settlements generated by OBLIGATIONS is an OBLIGATIONS cost. 66. CALTRANS, independent of PROJECT, will pay, or cause to be paid, all costs for HM MANAGEMENT ACTIVITIES related to HM -1 found within the existing SHS right of way. 67. CITY, independent of PROJECT, will pay, or cause to be paid, all costs for HM MANAGEMENT ACTIVITIES related to HM -I found within PROJECT limits and outside of the existing SHS right of way. 68. HM MANAGEMENT ACTIVITIES costs related to HM -2 are CONSTRUCTION SUPPORT and CONSTRUCTION CAPITAL costs. 69. The cost to comply with and implement the commitments set forth in the environmental documentation is an OBLIGATIONS cost. 70. The cost of any legal challenges to the CEQA or NEPA environmental process or documentation is an OBLIGATIONS cost. 71. CALTRANS will provide encroachment permits to PARTNERS, their contractors, consultants and agents, at no cost. CALTRANS Agreement 07-4919 Project Number: 0700000357 80. Except as otherwise provided in this Agreement, PARTNERS will pay invoices within 30 calendar days of receipt of invoice. Cost: Environmental Permits, Approvals and Agreements 81. The cost of coordinating, obtaining, complying with, implementing, including renewing and amending resource agency permits, agreements, and approvals is an OBLIGATIONS cost. Cost: Construction Support 82. The cost of source inspection is an OBLIGATIONS cost. 83. The cost to maintain the SHS within PROJECT limits is an OBLIGATIONS cost until PARTNERS execute a separate maintenance agreement. 84. PARTNERS will document specific funding, billing, and payment details of all other Construction Support activities in the FUNDING SUMMARY. Cost: Construction Capital 85. The cost of all State -Furnished Material is a CONSTRUCTION CAPITAL cost. 86. PARTNERS will document specific funding, billing, and payment details of all other Construction Capital activities in the FUNDING SUMMARY. SCHEDULE 87. PARTNERS will manage the schedule for OBLIGATIONS through the work plan included in the PROJECT MANAGEMENT PLAN. GENERAL CONDITIONS 88. PARTNERS understand that this Agreement is in accordance with and governed by the Constitution and laws of the State of California. This Agreement will be enforceable in the State of California. Any PARTNER initiating legal action arising from this Agreement will file and maintain that legal action in the Superior Court of the county in which the CALTRANS district office that is signatory to this Agreement resides, or in the Superior Court of the county in which PROJECT is physically located. 89. All OBLIGATIONS of CALTRANS under the terms of this Agreement are subject to the appropriation of resources by the Legislature, the State Budget Act authority, and the allocation of funds by the California Transportation Commission. 10 CALTRANS Agreement 07-4919 Project Number: 0700000357 96. A waiver of a PARTNER's performance under this Agreement will not constitute a continuous waiver of any other provision. An amendment made to any article or section of this Agreement does not constitute an amendment to or negate all other articles or sections of this Agreement. 97. A delay or omission to exercise a right or power due to a default does not negate the use of that right or power in the future when deemed necessary. 98. If any PARTNER defaults in its OBLIGATIONS, a non -defaulting PARTNER will request in writing that the default be remedied within 30 calendar days. If the defaulting PARTNER fails to do so, the non - defaulting PARTNER may initiate dispute resolution. 99. PARTNERS will first attempt to resolve Agreement disputes at the PROJECT team level. If they cannot resolve the dispute themselves, the CALTRANS district director and the executive officer of CITY will attempt to negotiate a resolution. If PARTNERS do not reach a resolution, PARTNERS' legal counsel will initiate mediation. PARTNERS agree to participate in mediation in good faith and will share equally in its costs. Neither the dispute nor the mediation process relieves PARTNERS from full and timely performance of OBLIGATIONS in accordance with the terms of this Agreement. However, if any PARTNER stops fulfilling OBLIGATIONS, any other PARTNER may seek equitable relief to ensure that OBLIGATIONS continue. Except for equitable relief, no PARTNER may file a civil complaint until after mediation, or 45 calendar days after filing the written mediation request, whichever occurs first. PARTNERS will file any civil complaints in the Superior Court of the county in which the CALTRANS district office signatory to this Agreement resides or in the Superior Court of the county in which PROJECT is physically located. The prevailing PARTNER will be entitled to an award of all costs, fees, and expenses, including reasonable attorney fees as a result of litigating a dispute under this Agreement or to enforce the provisions of this article including equitable relief. 100. PARTNERS maintain the ability to pursue alternative or additional dispute remedies if a, previously selected remedy does not achieve resolution. 101. If any provisions in this Agreement are found by a court of competent jurisdiction to be, or are in fact, illegal, inoperative, or unenforceable, those provisions do not render any or all other Agreement provisions invalid, inoperative, or unenforceable, and those provisions will be automatically severed from this Agreement. 102. PARTNERS intend this Agreement to be their final expression and supersedes any oral understanding or writings pertaining to OBLIGATIONS. 103. If during performance of WORK additional activities or environmental documentation is necessary to keep PROJECT in environmental compliance, PARTNERS will amend this Agreement to include completion of those additional tasks. 12 CALTRANS Agreement 07-4919 Project Number: 0700000357 FUNDING SUMMARY — A document separate from this Agreement that documents the details of funding and billing/payment arrangements. Details include, but are not limited to, fund source, fund type, payment method, invoice frequency, deposit amounts and PROJECT COMPONENT in which funds are to be spent. Funds listed on the FUNDING SUMMARY are "not -to -exceed" amounts for each FUNDING PARTNER. GAAP (Generally Accepted Accounting Principles) — Uniform minimum standards and guidelines for financial accounting and reporting issued by the Federal Accounting Standards Advisory Board that serve to achieve some level of standardization. See http://www.fasab.gov/accepted.litml. HM -1— Hazardous material (including, but not limited to, hazardous waste) that may require removal and disposal pursuant to federal or state law whether it is disturbed by PROJECT or not. HM -2 — Hazardous material (including, but not limited to, hazardous waste) that may require removal and disposal pursuant to federal or state law only if disturbed by PROJECT. HM HM MANAGEMENT ACTIVITIES — Management activities related to either HM -1 or 11M-2 including, without limitation, any necessary manifest requirements and disposal facility designations. IMPLEMENTING AGENCY — The PARTNER is responsible for managing the scope, cost, and schedule of a PROJECT COMPONENT to ensure the completion of that component. NEPA (National Environmental Policy Act of 1969) — This, federal act establishes a national policy for the environment and a process to disclose the adverse impacts of projects with a federal nexus. OBLIGATION COMPLETION — PARTNERS have fulfilled all OBLIGATIONS included in this Agreement, and all amendments to this Agreement, and have signed a COOPERATIVE AGREEMENT CLOSURE STATEMENT. OBLIGATIONS — All responsibilities included in this Agreement. OMB (Office of Management and Budget) — This federal office oversees the preparation of the federal budget and supervises its administration in Executive Branch agencies. PARTNER — Any individual signatory party to this Agreement. PARTNERS — The term that collectively references all of the signatory agencies to this Agreement. This term only describes the relationship between these agencies to work together to achieve a mutually beneficial goal. It is not used in the traditional legal sense in which one PARTNER's individual actions legally - bind the other PARTNER. PROJECT COMPONENT — A distinct portion of the planning and project development process of a capital project as outlined in California Government Code, section 14529(b). s PID (Project Initiation Document) — The activities required to deliver the project initiation document for PROJECT. 14 CALTRANS Agreement 07-4919 Project Number: 0700000357 CONTACT INFORMATION The information provided below indicates the primary contact information for each PARTNER to this Agreement. PARTNERS will notify each other in writing of any personnel or location changes. Contact information changes do not require an amendment to this Agreement. The primary Agreement contact person for CALTRANS is: Zareh Shahbazian, Project Manager 100 South Main Street, Suite 100 Los Angeles, California 90012 Office Phone: (213) 897-4255 Fax Number: (213) 897-4611 Email: zareh shahbazian(a dot.ca.�Zov The primary Agreement contact person for CITY is: Kimberly Young, Senior Civil Engineer 21810 Copley Drive Diamond Bar, California 91765 Office Phone: (909) 839-7044 Email: kyoungkdiamondbarca.gov The billing contact person for CITY is: David G. Liu, Director of Public Works/City Engineer 21810 Copley Drive Diamond Bar, California 91765 Office Phone: (909) 839-7040 Email: dliu@diamondbarca.gov The primary Agreement contact person for AGENCY is: Lissette Callems, Project Manager 3670 W. Temple Ave, Ste 278 Pomona, CA 91768 Office Phone: (909)979-6587 Email: Icalleros@agi.com.co The billing contact person for AGENCY is: John Ballas, Agency Engineer 15651 East Stafford Street City of Industry, CA 91744 Office Phone: (626) 333-2211 Email: jdballas(a cityotmdustry.org 16 07 -LA -60-21.5R/23.0 R EA: 22410 District Agreement 07-4919 SCOPE SUMMARY 18 c CIO aa � U F}. Y U Q ZUJ Q 3 100 Project Management X 20 Management of construction from initiation to close out X 235 Mitigate Environmental Impacts and Clean-up X Hazardous Waste 255 Circulate, Review, and Prepare Final District Plans, Specification, and Estimates Package X 260 Contract Bid Documents Ready to List X 265 Awarded and Approved Construction Contract X 50 Contract Ready for Advertising - X 55 Advertised Contract X 60 Bids Opened X 65 Contract Award X 70 Executed and Approved Contract X 75 Independent Assurance X 5 270 Construction Engineering and General Contract X Administration 10 Construction Staking Package and Control X _ 10 Construction Staking Package X 20 Project Control for Construction X 15 Construction Stakes X 15 Slope Stakes - X 25 Rough Grade Stakes X 30 Final Grade Stakes X 35 Drainage and Minor Structure Stakes X 50 Miscellaneous Stakes X 55 Photogrammetric Product for Construction X 60 Ground Stakes for Major Structure X 65 Superstructure Stakes for Major Structure X 20 Construction Engineering Work X 05 Resident Engineer's File Review X 10 Project Plans, Special Provisions, and Estimate X Review 15 Contract Pay Quantities X 20 Lines and Grades Control X 25 Contractors' Falsework Submittals Review X 30 Contractors' Trenching and Shoring Submittals Review X 35 Shop Plans Review X 40 Cost Reduction Incentive Proposals Review X 45 Contractors' Water Pollution Control Program Review X 50 Technical Support X. 99 Other Construction Engineering Products X 25 Construction Contract Administration Work X 18 CALTRANS Agreement 07-4919 Project Number: 0700000357 20 15 Other Functional Support X 5 290 Resolve Contract Claims X X X 05 Analysis of Notices of Potential Claims X 10 Supporting Documentation and Responses to Notices of Potential Claims X 15 Reviewed and Approved Claim Report X 20 District Claim Meeting or Board of Review X 25 Arbitration Hearing X 30 Negotiated Claim Settlement X 35 Technical Support X X X 5 295 Accept Contract, Prepare Final Construction Estimate, and Final Report X 05 Processed Estimate After Acceptance X 10 Proposed Final Contract Estimate X 15 As -Built Plans X 20 Project History File X 25 Final Report X 30 Processed Final Estimate X 35 Certificate of Environmental Compliance X 40 Long Term Environmental Mitigation/Mitigation Monitorin After Construction Contract Acre tante X 45 Post -Construction Traffic Operations Activities X O5 Speed Survey Records X 05 Speed Survey X 10 Signed Speed Survey X 10 Commission TMS Elements X 99 Other Accept Contract/ Prepare Final Construction Estimate and Final Report X 20 Cost: CONSTRUCTION CAPITAL 2. CALTRANS will invoice AGENCY for the actual cost of any DFM as a CONSTRUCTION CAPITAL cost. After PARTNERS agree that all WORK is complete, CALTRANS will submit a final accounting for all DFM costs. Based on the final accounting, PARTNERS will refund or invoice as necessary in order to satisfy the financial commitments of this Agreement. CALTRANS is the IMPLEMENTING AGENCY for CONSTRUCTION CAPITAL as described in the Responsibilities section of this Agreement. Therefore, based on the funding types displayed in the FUNDING SUMMARY table for this PROJECT COMPONENT: ® CALTRANS will invoice AGENCY ® CALTRANS will draw from the state and/or federal funds shown in the FUNDING SUMMARY table for this PROJECT COMPONENT. PARTNERS will exchange funds for actual costs. CALTRANS will submit to AGENCY monthly invoices for estimated monthly costs based on the prior month's expenditures. PACT 10.1E2012 06 11 2 of 3 CITY COUNCIL Agenda # 6.13 Meeting Date: September 16, 2014 AGENDA REPORT TO: Honorable Mayor and Members of the City Council rf� VIA: James DeStefano, City Manog TITLE: ADOPT RESOLUTION NO. 2014-kX APPROVING FINAL TRACT MAP NO. 72295, FOR THE SUBDIVISION OF A 30 ACRE SITE INTO 182 RESIDENTIAL UNITS, LOCATED AT THE SOUTHEAST CORNER OF DIAMOND BAR BLVD. AND BREA CANYON ROAD (KNOWN AS THE WILLOW HEIGHTS RESIDENTIAL DEVELOPMENT), IN THE CITY OF DIAMOND BAR. RECOMMENDATION: Adopt Resolution; Authorize the Mayor to execute the Subdivision Agreement; Direct the City Clerk to certify and process the final map for recordation and waive condition A- 7 of City Council Resolution No. 2013-36. FINANCIAL IMPACT: There is no financial impact to the City. FETTITArMa-ZT61CILF13 The Vesting Tentative Map application was made to the Planning Commission by Lennar Homes of California, Inc. at a duly noticed public hearing on which the Commission concluded its review of the application and adopted Resolution No. 2013- 23 recommending City Council Approval of Vesting Tentative Tract Map No. 72295. The City Council conducted a duly noticed public hearing on this application on which the Council adopted Resolution No. 2013-36 approving Vesting Tentative Tract Map No. 72295. DISCUSSION: The Final Tract Map subdivides 30 acres into 182 residential units. To date, permits have been issued for grading, sewer, storm drain, and private street improvements. The conditions of approval require that certain improvements (grading, storm drain, sewer, landscape, private street, public street, traffic signal, street lights and a public park) be constructed for this development. As the improvements have not been completed at this time, Lennar Homes of California, Inc. is prepared to enter into an agreement with the City to complete these improvements as a condition precedent to approval of the final map and has offered surety bonds as listed in the Subdivision Agreement to secure performance of such improvements. The Subdivision Agreement provides for the completion of all improvements and setting of subdivision monuments within 3 years from the effective date of the Subdivision Agreement or as otherwise stated in the conditions of City Council Resolution No. 2013-37. The surety bonds posted are to guarantee such work as grading, street, sewer, storm drain, monumentation, street lights and landscape/Irrigation improvements with a grand total estimated amount of $6,946,792.75. The Final Tract Map also offers a dedication of the public park, roadway widening along Diamond Bar Blvd. and Brea Canyon Road, as well as easements for ingress, egress, utility and sewer purposes. The Subdivison Map Act allows conditional acceptance of property proposed to be dedicated to the City, which acceptance is conditional upon satisfactory completion of the improvement. Since the public park is not completed at this time, the irrevocable offer of dedication of the park will be accepted by the City upon satisfactory completion of the improvements as stated in the City's Clerks Statements on the face of the map. The City will have no maintenance responsibilities or liability for the park, roadway widening or sewer until such improvements are completed to the satisfaction of the City. Note that it is also a condition of approval that the park be fully constructed and turned over to the City by the issuance of a building permit for the 100th dwelling unit. The Final Tract Map 72295 has been reviewed by the appropriate agencies and has been found to be technically correct and conforms substantially to the approved vesting tentative tract map. City Council Resolution No. 2013-36 requires approval of improvement plans for private and public improvements by the City Engineer prior to final map approval. To date the grading, private street, sewer, storm drain, and street light plans have all been approved. Landscape, public street and traffic signal improvement plans have not been approved, though they have been submitted for review and significant changes are not anticipated before final approval can be issued. The reasons for the delay in the improvement plan approval for the public street, traffic signal and landscape improvements is due to the fact that the developer was conditioned to follow the City's Streetscape Design Guidelines which are currently in development hindering the developer's ability to complete his design plans sooner. Due to the fact that the public street, traffic signal and landscape improvement plan design delays are outside of the developer's control, under the City's Subdivision Ordinance, section 21.20.110, the City Engineer is authorized to modify a condition of approval. Additionally, the public improvements are conditioned to be completed prior to the issuance of a certificate of occupancy, thereby guaranteeing, in conjunction with the security posted by the developer, that the plans and construction of these improvements will be completed in a timely manner. Therefore, it is recommended that the condition requiring plan approval for the public street, landscape and traffic signal improvement plans be waived by the City Council to proceed with final map approval with the guarantees of the security posted by the developer, the execution of the subdivision agreement and the condition of completion prior to the issuance of a certificate of occupancy. 2 PREPARED BY: Kimberly M. Young, Senior Civil Engineer REVIEWED BY: David G. LK 15irector of Public Works Attachments: Resolution No. 2014 -XX Subdivision Agreement Tract Map DATE PREPARED: September 8, 2014 RESOLUTION NO. 2014 -XX A RESOLUTION OF THE CITY OF DIAMOND BAR FOR THE APPROVAL OF FINAL TRACT MAP 72295, FOR THE SUBDIVISION OF A 30 ACRE SITE INTO 182 RESIDENTIAL UNITS, LOCATED AT THE SOUTHEAST CORNER OF DIAMOND BAR BLVD. AND BREA CANYON ROAD, IN THE CITY OF DIAMOND BAR A. RECITALS (i) Lennar Homes of California, Inc., 25 Enterprise, Suite 300, Aliso Viejo, CA 92656 (the "Applicant" hereinafter), has heretofore filed an application for approval of Final Tract Map No 72295, (the "Application" hereinafter), as described in the title of this Resolution. (ii) On October 8, 2013 the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing on the subject matter of the Vesting Tentative Tract Map and, upon conclusion of said public hearing the Planning Commission adopted its Resolution No. 2013-23 recommending that the City Council approve Vesting Tentative Tract Map 72295. (iii) On December 13, 2013 the City Council of the City of Diamond Bar conducted a duly noticed public hearing on the Vesting Tentative Tract Map and, upon conclusion of said public hearing the City Council adopted it's Resolution No. 2013-36 approving Vesting Tentative Tract Map 72295. (iv) All legal prerequisites to the adoption of this Resolution have occurred. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the City Council of the City of Diamond Bar as follows: This City Council hereby specifically finds that all of the facts set for in the Recitals, Part A, of this Resolution are true and correct. 2. Based on substantial evidence presented to this Council regarding the Application, this Council finds the Final Tract Map to be in substantial conformance with the Vesting Tentative Tract Map and this Council hereby specifically approves Final Tract Map 72295, as presented and authorizes and directs the Mayor and the City Clerk to execute the Subdivision Agreement for installation of improvements required thereby. 3. The City Council hereby specifically finds and determines that, based upon the findings set forth below, and changes and alterations which have been incorporated into and conditions upon the proposed project set forth in the Application, no significant adverse environmental effects will occur. 4. The City Clerk is hereby directed to: a. Certify to the adoption of this Resolution; and b. Transmit a certified copy of this Resolution to Lennar Homes of California, Inc., 25 Enterprise, Suite 300, Aliso Viejo, CA 92656 PASSED, APPROVED AND ADOPTED this 16th day of September, 2014. Carol Herrera, Mayor I, Tommye A. Cribbins, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was introduced at a regular meeting of the City Council of the City of Diamond Bar held on the 16th day of September, 2014, by the following vote: AYES: COUNCIL MEMBERS NOES: COUNCIL MEMBERS ABESENT: COUNCIL MEMBERS ABSTAINED COUNCIL MEMBERS ATTEST: City Clerk, City of Diamond Bar SUBDIVISION AGREEMENT THIS SUBDIVISION IMPROVEMENT AGREEMENT ("Agreement" herein) is made and entered into by and between the City of Diamond Bar, a municipal corporation ("City" herein), and the Subdivider whose name and address is set forth in the Subdivision Reference Data attached herein as Attachment A. RECITALS A. Subdivider has presented to the City for approval a Tract Map, identified above in the Subdivision Reference Data, of a proposed subdivision (herein, "Subdivision") pursuant to the Subdivision Map Act of the State of California and the City's ordinances and regulations relating to the filing, approval and recordation of subdivision maps (collectively referred to herein as the "Subdivision Laws"). B. The Subdivision Laws establish, as a condition precedent to the approval of a Tract Map, that the Subdivider comply with the City Council's Resolution of Approval and either (i) complete, in compliance with City standards, all of the improvements and land development work required by the Subdivision Laws and the City Council's Resolution of Approval; or (ii) enter into a secured agreement with the City to complete the improvements and land development work, within a period of time specified by the City. C. In consideration of approval of the Tract Map for the Subdivision by the City Council, Subdivider desires to enter into this Agreement whereby Subdivider promises to install and complete, at its sole expense, all public and private improvement work required by the City for the proposed Subdivision. Subdivider has secured this Agreement by improvement security required by the Subdivision Laws and approved by the City. D. Improvement Plans, and related specifications, numbered as designated above in the Subdivision Reference Data, for the construction, installation and _completion of the improvements identified in Schedule A attached hereto (herein, "Improvements"), have been prepared by the Subdivider, approved by the City Engineer, and are on file in the City's Public Works Department. The Improvement Plans and related specifications are incorporated herein by this reference. NOW, THEREFORE, in consideration of the approval by the City Council of the Tract Map of the Subdivision, Subdivider and City agree as follows: 1. SUBDIVIDER'S OBLIGATION TO CONSTRUCT IMPROVEMENTS A. Subdivider shall, at its sole expense, and in compliance with the provisions of the Subdivision Laws, the Improvement Plans, the related specifications, and all applicable City Standards, furnish, construct, install and guarantee the Improvements generally described in Schedule A. 1074863.1 1 B. Subdivider shall acquire and dedicate, or pay the cost of acquisition by City of all rights-of-way, easements and other interests in real property for the construction or installation of the Improvements, free and clear of all liens and encumbrances. The Subdivider's obligations with regard to the acquisition by City of off-site rights-of-way, easements and other interests in real property shall be subject to a separate agreement between Subdivider and City. C. Subject to any time extensions granted in accordance with Section 4, Subdivider shall commence construction of the Improvements as set forth above in the Subdivision Reference Data following the heading "Commencement of Improvement Work", and shall complete all Improvements within the "Completion Period" specified in the Subdivision Reference Data, provided, however, that if the City Engineer reasonably determines that accelerated construction of the Improvements is essential in order to protect the public health, welfare and safety, the City Engineer shall give Subdivider not less than thirty (30) days prior written notice to commence or accelerate installation and construction of the Improvements, or any portion thereof. The notice shall describe the work to be done by Subdivider, the time within which work shall commence, and the period within which the work will be completed. All or any portion of Improvements may be required to be constructed or completed at a specified time. If the Subdivider objects to the commencement or acceleration of the Improvements as specified by the City Engineer, Subdivider may appeal the decision of the City Engineer to the City Council. Any such appeal shall be filed with the City Clerk within ten (10) days after receipt by Subdivider of the written notice from the City Engineer. D. If the Improvements to be constructed by Subdivider include monumentation, such monumentation shall be installed not later than sixty (60) days after the City's acceptance of all other Improvements pursuant to Section 2. As used herein, "monumentation" shall mean the setting of survey monuments and tie points in accordance with the Subdivision Laws, and the delivery to the City Engineer of tie notes for the points. E. Subdivider shall, at its sole expense, replace or repair all public improvements, public utility facilities, and surveying or subdivision monuments which are destroyed or damaged as a result of any work under this Agreement. Any such replacement or repair shall be subject to the approval of the City Engineer. F. Until such time as the City accepts a category of Improvements, Subdivider shall be responsible for the care and maintenance of such Improvements and shall bear all risks of loss or damage to the Improvements. Neither City, nor its officers, agents and employees, shall have any liability for any accident, loss or damage to the Improvements prior to their completion and acceptance by the City. G. Subdivider shall, at its sole expense, obtain all necessary permits and licenses for the construction and installation of the Improvements, give all necessary notices, and pay all fees required by City ordinance or resolution and all taxes required by law. FL Not less than ten (10) days prior to commencement of work on the Improvements, Subdivider shall give written notice to the City Engineer of the date fixed for such 1074863.1 2 commencement of work in order that the City Engineer shall have adequate time to schedule all necessary inspections. 2. INSPECTION OF WORK AND FINAL ACCEPTANCE A. Subdivider shall at all times maintain proper facilities and safe access for inspection of the Improvements by the City Engineer and other City personnel. B. Upon completion of the work on all or any category of the Improvements specified in Schedule A, the Subdivider may notify the City in writing of the completed work, including a list of the completed work, and request a final inspection by the City Engineer. Upon receipt of the written notice, the City shall have forty-five (45) days to review and comment or approve the completion of the required work. If the City Engineer determines that all or any specified category of the Improvements have been completed in accordance with this Agreement and in compliance with the Improvement Plans and all applicable City standards, then the City Engineer shall certify to the City Council the completion of such Improvements. Subdivider shall bear all costs of inspection and certification for acceptance. The City shall not be required to engage in this process of partial acceptance of work more than once between the start of work and completion and acceptance of all work, though the City may choose to allow for a partial release at any time at its discretion. C. If the City Engineer determines that work has not been completed in accordance with the Improvement Plans and all applicable City standards, the City Engineer shall supply to Subdivider a list of all remaining work to be completed. Within forty-five (45) days of receipt of the list of remaining work from the City Engineer, the Subdivider shall provide cost estimates for all remaining work for review and approval by the City. Upon receipt of the cost estimates, the City shall have forty-five (45) days to review, comment, and approve, modify, or disapprove those cost estimates. D. The Subdivider shall maintain the works of improvement until the City accepts all remaining items. Acceptance of all categories of the Improvements by the City Council shall be made upon recommendation and certification of the City Engineer following inspection of the Improvements pursuant to subparagraphs B and C above. The City Council shall, within forty- five (45) days following certification by the City Engineer that all Improvements have been completed, notify the Subdivider, or his or her assigns, in writing. E. Acceptance by the City Council shall not constitute a waiver by the City of any defects in the Improvements. 3. GUARANTEE AND WARRANTY OF THE IMPROVEMENTS A. If, within a period of one (1) year following acceptance by the City Council of the last of Improvements specified in Schedule A, any Improvements or part of any Improvements furnished, installed or constructed by the Subdivider, or any of the work performed under this Agreement, fails to comply with any requirements of this Agreement, or the Subdivision Laws, 1024863.1 3 or the Improvement Plans and related specifications, the Subdivider shall, without delay and without cost to the City, repair, replace or reconstruct any defective or otherwise unsatisfactory part or parts of the Improvements. Subdivider's obligations hereunder shall include the repair, replacement or reconstruction of all irrigation systems and all trees, shrubs, ground cover and landscaping for such one (1) year period. B. Should the Subdivider fail or refuse to act promptly or in accordance with subparagraph 3.A above, or should the exigencies of the situation require repair, replacement, or reconstruction to be undertaken before the Subdivider can be notified, then the City may, in its discretion, make the necessary repairs or replacements or perform the necessary reconstruction. If the Subdivider's improvement security does not cover the total cost of such repair, replacement or reconstruction, the Subdivider shall reimburse the City for any excess costs incurred. C. The security furnished for the faithful performance of the Subdivider's obligation to construct and install the Improvements shall include Subdivider's liability hereunder for the one (1) year guarantee and warranty of the Improvements. 4. A. Upon a showing by the Subdivider of good cause therefor, the date for commencement of work on the Improvements, or the duration of the Completion Period, may be extended by the City Engineer, with the written concurrence of the City Manager. As used herein, "good cause" may include, without limitation, delay resulting from an act of the City; acts of God or force maj care, and strikes, boycotts or similar job actions by employees or labor organizations which prevent the conduct of the work and are outside Subdivider's control. B. A time extension may be granted without notice to any surety or sureties of the Subdivider and shall not affect the validity of this Agreement nor release the surety or sureties on any bond given as an improvement security pursuant to this Agreement. C. As a condition of any time extension provided for herein, the City Engineer, with the written concurrence of the City Manager, may require the Subdivider to famish new or modified improvement security guaranteeing performance of this Agreement, as extended, in an increased amount as necessary to compensate for any projected increase in the Estimated Total Cost of Improvements, as determined by the City Engineer. 5. IMPROVEMENT SECURITY A. Prior to City's execution of this Agreement, Subdivider shall provide as security to the City; i) For Performance and Guarantee: Security in an amount equal to one hundred percent (100%) of the Estimated Total Cost of the Improvements, Grading and 1024863.1 Monumentation as set forth above in the Subdivision Reference Data. With this security, the form of which shall be subject to City's prior approval, the Subdivider assures faithful performance under this Agreement and guarantees the Improvements for one (1) year after the completion and acceptance of the last of such Improvements against any defective workmanship or materials or any unsatisfactory performance, pursuant to Section 3 hereof. ii) For Past: Security in an amount equal to one hundred percent (100%) of the Estimated Total Cost of the Improvements (excluding Grading and Monumentation) as set forth above in the Subdivision Reference Data. With this security, the form of which shall be subject to City's prior approval, the Subdivider guarantees payment to contractors, subcontractors, and persons renting equipment or furnishing labor or materials to them or to the Subdivider. If monumentation is involved, this improvement security shall also guarantee to the Subdivider's engineer or surveyor payment of the Estimated Total Cost of setting monuments as required by Government Code Section 66497. B. If the improvement security is a corporate surety bond and in the opinion of the City, any surety or sureties thereon become insufficient, the Subdivider shall renew or replace any such surety bond with good and sufficient surety within thirty (30) days after receiving from City written demand therefor. C. Improvement security consisting of corporate surety bonds shall be kept on file with the City Engineer. If a corporate surety bond is replaced by another approved bond, the replacement shall be filed with the City Engineer and, upon filing shall be deemed a part of and incorporated into this Agreement. Upon filing and approval by the City Engineer of a replacement bond, the former improvement security shall be released. D. Modifications of the Improvement Plans and related specifications, and modifications of the Improvements, not exceeding ten percent (10%) of the original Estimated Total Cost of the Improvements, shall not relieve or release any improvement security furnished by Subdivider pursuant to this Agreement. If any such modifications exceed ten percent (10%) of the Estimated Total Cost of the Improvements, Subdivider shall furnish additional improvement security for performance and guarantee, and for payment as required by subparagraph 5.A above, for one hundred percent (100%) of the revised Estimated Total Cost of the Improvements. 6. REDUCTION OR RELEASE OF IMPROVEMENT SECURITY A. Partial releases or reductions in the Subdivider's improvement security may be authorized upon the City's acceptance of partial performance of Improvements, and prior to the City's acceptance of all Improvements required hereunder, as provided in this Section 6. B. The process allowing for partial release of performance security shall not occur until such time as the cost estimate of the remaining work does not exceed twenty (20) percent of the total original performance security. 1074863.1 5 C. Upon acceptance of all or any specified category of the Improvements by the City Council, and upon approval of a revised cost estimate for any remaining work, the City shall release all performance security except for security in an amount of two hundred percent (200%) of the cost estimate of the remaining work. D. Unless Subdivider submits new or additional security in an amount equal to one hundred percent (100%) of the Estimated Total cost of the improvements, the security for performance and guarantee shall not be reduced or released in an amount greater than twenty percent (20%) of the aggregate principal amount thereof prior to the expiration of the one year guarantee and warranty period specified in subparagraph 3.A, or before all claims filed during the one year warranty period have been settled. E. Within forty-five (45) days of the issuance of the written statement of completion, the City shall place an item on the agenda of the next meeting of the City Council for the release of the remaining performance security furnished to secure payment to contractors, subcontractors, and to persons providing labor, materials or equipment. Upon approval of the agenda item, the required amount of performance security shall be reduced to an amount equal to the total amount claimed by all claimants for whom liens have been filed and of which notice has been given to the City, plus an amount reasonably determined by the City Engineer to be required to assure the performance of any other obligations secured by the security. The retained portion of the security shall be released upon settlement or release of all claims and obligations for which the security was given. F. If Subdivider's obligations relating to any Improvements, such as the water system, are subject to the approval of another governmental agency, the City shall not release the improvement security therefor until the obligations are performed to the satisfaction of such other governmental agency. Such agency shall have two (2) months after Subdivider's performance of the obligation to register its satisfaction or dissatisfaction. If at the end of that period the agency has not registered its satisfaction or dissatisfaction, it shall be conclusively deemed that the Subdivider's performance of the obligation was done to its satisfaction. 7. INDEMNIFICATION OF CITY BY SUBDIVIDER A. Neither the City, nor its officers, agents and employees, shall be liable or responsible for any accident, injury, loss or damage to either property or person attributable to or arising out of the construction, installation, or maintenance by Subdivider of the Improvements. Subdivider shall indemnify, hold harmless and defend the City, its officers, agents and employees, from and against any and all losses, claims, costs, expenses, liabilities, damages, actions, causes of action and judgements, including reasonable attorneys' fees, arising out of or attributable to Subdivider's performance under this Agreement to the maximum extent permitted by law. B. Subdivider's obligations under this Section 7 are not conditioned or dependent upon whether the City, or its officers, agents and employees, prepared, supplied or reviewed any 1024863.1 6 Improvement Plans or related specifications in connection with the Subdivision or the Improvements, or has insurance or other indemnification covering any of these matters. C. Subdivider's obligation to indemnify, hold harmless and defend the City shall extend to injuries to persons and damages to or alleged taking of property resulting from the design or construction of the Subdivision, and the Improvements required herein, and shall likewise extend to adjacent property owners asserting claims based upon the diversion of waters caused by the Subdivider's design or construction of public drainage systems, streets, and other public facilities or improvements. The City's acceptance of the Improvements shall not constitute an assumption by the City of any responsibility or liability for any damage or alleged taking of property referenced herein. City shall not be responsible or liable for the design or construction of the Subdivision or the improvements constructed or installed pursuant to the approved Improvement Plans or the Final Map, regardless of any act or omission by the City in approving the Improvement Plans or the Final Map, unless the particular Improvement design was required by the City over the written objection of the Subdivider, which objection stated that the Improvement design was potentially dangerous or defective and set forth an alternative design. After City's acceptance of the Improvements, the Subdivider shall remain obligated to correct or eliminate all dangerous conditions created by defeats in design or construction; provided, however, that Subdivider shall not be responsible for routine maintenance. Subdivider's obligations hereunder shall remain in effect for two (2) years following acceptance of the Improvements by the City Council. Subdivider acknowledges and agrees that Subdivider shall be responsible and liable for the design and construction of the Improvements and other work done pursuant to this Agreement, and City shall not be liable for any acts or omissions in approving, reviewing, checking, correcting or modifying any Improvement Plans or relate specifications, or in inspecting, reviewing or approving any work or construction of Improvements. The Subdivider's improvement security shall not be required to secure the Subdivider's obligations under this subparagraph 7.0 beyond the one year guarantee and warranty period. If, in any judicial proceeding involving rights or obligations of indemnity hereunder, any statutory immunity under the Tort Claims Act (Government Code sections 810, et sem) asserted by the City, or its officers, agents or employees, is determined by a court of competent jurisdiction to be inapplicable or unavailable to immunize the City, or its officers, agents or employees, from potential liability for any alleged acts or omissions under this subparagraph 7.C, then such rights or obligations of indemnity hereunder shall be governed by principles of comparative fault. 8. INSURANCE A. Prior to commencement of work on the Improvements, the Subdivider shall obtain, and shall maintain throughout the period of construction, at its sole expense, policies of general liability insurance covering any and all damages or claims for damages for injuries to persons (including death) or property in an amount not less than $1,000,000.00 for any one person, and, subject to the same limit for each person, in an amount not less than $1,000,000.00 for property damage. Such policies shall be in form and substance satisfactory to the City, shall name the City, its officers, agents and employees as additional insureds, and shall contain provisions that prohibit cancellation or lapse of insurance without thirty (30) days' written notice 10248631 7 first having been delivered to the City. Both the type and amount of insurance required by this subparagraph 8.A may be adjusted during the term of this Agreement as may be deemed reasonably necessary by the City Engineer. B. The Subdivider shall maintain on file with the City Engineer during the term of this Agreement a certificate or certificates of insurance evidencing the coverage and provisions set forth above in subparagraph 8.A and an additional insured endorsement for each of the policies which designated the City, its officers, agents and employees as additional insureds. 9. OWNERSHIP OF THE IMPROVEMENTS Ownership of all or any category of the Improvements constructed and installed by the Subdivider pursuant to this Agreement shall vest either in the City or in the Homeowners Association created as a condition of the Subdivision, or other specified governmental agency(s), as appropriate, upon acceptance of the Improvements by the City Council and recordation of a Notice of Completion. 10. DEFAULT AND BREACH BY THE SUBDIVIDER AND REMEDIES OF THE CITY A. Upon the occurrence of any of the following events, the Subdivider shall be deemed to be in default under this Agreement; i) Subject to any time extensions granted in accordance with Section 4, failure to commence construction and installation of the Improvements by the commencement date set forth above in the Subdivision Reference Data; ii) Failure to correct or cure any defect in the Improvements during the one year guarantee and warranty period as required by subparagraph 3.A; iii) Subject to any time extensions granted in accordance with Section 4, failure to perform substantial construction work, after commencement of work on the Improvements, for a period of thirty (30) days after written notice thereof from the City; iv) Insolvency appointment of a receiver, or the filing of any petition in bankruptcy; whether voluntary or involuntary, and such is not cured or discharged within a period of thirty (30) days; V) Commencement of a foreclosure action against the Subdivision or any portion thereof, or any conveyance by the Subdivider in lieu or in avoidance of foreclosure; or vi) Failure to maintain the improvement security required by Section 5 in effect during all times required by this Agreement, including failure to renew the improvement security no later than fifteen (15) days prior to any expiration date; or 1074863.1 8 vii) Failure to perform any other obligations in accordance with the terms and provisions of this Agreement within thirty (3 0) days after written notice thereof from the City. B. City reserves to itself all remedies available to it at law or in equity for any breach of Subdivider's obligations under this Agreement. City shall have the right, without limitation of other rights or remedies, to draw upon or utilize any improvement security furnished hereunder to mitigate City's damages in the event of Subdivider's default. C. The City may serve written notice of any default upon the surety on any corporate surety bond furnished as improvement security hereunder, and request that the surety take over and complete the Improvements herein specified. If such surety, within thirty (30) days after service of such notice of default, does not give the City written notice of its intention to perform this Agreement, or does not commence such performance within thirty (30) days after notice to the City of such intention to perform, the City may take over the work and prosecute the same to completion, by contract or by any other method the City deems advisable, for the account and at the expense of the Subdivider and its surety. D. Subdivider acknowledges that the Estimated Total Costs and improvement security amounts set forth herein may not reflect the actual cost of construction or installation of the Improvements, and, consequently, city's damages for Subdivider's default shall be measured by the cost of completing the required Improvements. If the damages incurred by the City in taking over and completing the Improvements exceeds the principal amount of the improvement security, then Subdivider shall reimburse the City in the amount of such excess within 30 days of the City invoicing Subdivider for such excess amount. E. City may, without liability for so doing take possession of, and utilize in completing the Improvements, such materials, appliances, plant and other property belonging to Subdivider as may be on the site of the work and necessary for the Performance of the work. Subdivider hereby consents to entry by the City and its forces, including contractors, upon any real property in the Subdivision owned by Subdivider or by any assignee of this Agreement, in the event the City elects to maintain or complete the work on the Improvements following Subdivider's default. F. Subdivider acknowledges and agrees that, upon approval of the Final Map for the Subdivision, City will confer substantial rights upon the Subdivider, including the right to sell, lease or finance lots within the Subdivision, and that such approval constitutes the final act necessary to permit the division of land within the Subdivision. As a result, City will be damaged to the extent of the cost of construction or installation of the Improvements upon Subdivider's failure to perform its obligations under this Agreement. Subdivider further acknowledges that any determination as to whether a reversion to acreage or rescission of approval of the Subdivision constitutes an adequate or necessary remedy for Subdivider's default shall be within the sole discretion of the City. 1024863.1 9 G. The City's failure to take an enforcement action with respect to a default, or to declare a default or breach, shall not be construed as a waiver of that default or breach or any subsequent default or breach of the Subdivider. H. If City sues to compel Subdivider's performance of this Agreement, or to recover damages or costs incurred in completing or maintaining the work on the Improvements, Subdivider agrees to pay all attorneys' fees and other costs and expenses of litigation incurred by the City in connection therewith, even if Subdivider subsequently resumes and completes the work. 11. RELATIONSHIP OF THE PARTIES Neither Subdivider, nor any of the Subdivider's contractors, employees or agents, are or shall be deemed to be, agents of the City in connection with the performance of Subdivider's obligations under this Agreement. Subdivider, its contractors, employees or agents shall at all times be considered independent contractors and shall obtain no rights or benefits which accrue to City employees. 12. ASSIGNMENT A. Subdivider shall not assign this Agreement without the prior written consent of the City. Any attempted or purported assignment in violation of this subparagraph 12.A shall be null and void and shall have no force or effect. B. The sale or other disposition of the Subdivision shall not relieve Subdivider of its obligation hereunder. If Subdivider intends to sell the Subdivision or any portion thereof, to any other person or entity, the Subdivider may request a novation of this Agreement and a substitution of improvement security. Upon the City's approval of the novation and substitution of improvement security, the Subdivider may request a release or reduction of the improvement security furnished pursuant to this Agreement. 13. NOTICES All notices required or provided for in this Agreement shall be in writing, delivered in person or by mail, postage prepaid, and addressed as follows: If to the City: City of Diamond Bar, City Clerk 21810 Copley Drive Diamond Bar, CA 91765 If to the Subdivider: Lennar Homes of California, Inc. ATTN: 25 Enterprise, Suite 300 Aliso Viejo, CA 92656 1024863.1 10 Notice shall be effective on the date that it is delivered in person or, if mailed, on the date of deposit in the United States Mail. 14. This Agreement constitutes the entire agreement of the parties with respect to its subject matter. All modifications, amendments, or waivers of any terms of this Agreement shall be in writing and signed by the duly authorized representatives of the parties. In the case of the City, the duly authorized representative, unless otherwise specified herein, shall be the City Engineer. 15. SEVERABILITY The provisions of this Agreement are severable. If any portion of this Agreement is held invalid by a court of competent jurisdiction, the remainder of the Agreement shall remain in full force and effect. 16. INCORPORATION OF SUBDIVISION REFERENCE DATA AND RECITALS The Subdivision Reference Data, the Recitals, Attachment A and Schedule A are incorporated into this Agreement. 17. GOVERNING LAW This Agreement shall be governed by laws of the State of California. Any action commenced pursuant to this Agreement shall be initiated in Los Angeles Superior Court. 18. EFFECTIVE DATE OF THE AGREEMENT This Agreement shall be and become effective as of the date that it is executed by a duly authorized officer or employee of the City, it being the intention of the parties that the Subdivider shall first execute this Agreement and thereafter submit it to the City. The City shall insert the effective date in the Subdivision Reference Data in all counterparts of this Agreement and shall transmit a fully executed counterpart to the Subdivider. 1024863.1 11 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their respective officers, thereunto duly authorized, as of the dates set forth below their respective signatures. "SUBDIVIDER" - Authorized Representative Signature Printed Name and Title Authorized Representative Signature Printed Name and Title "CITY" - THE CITY OF DIAMOND BAR, A MUNICIPAL CORPORATION IN Carol Herrera, Mayor Date: Attest By: Tommye A. Cribbins, City Clerk Date: Approved as to form: Date: David DeBerry, City Attorney 1074863.1 12 ATTACHMENT A CITY OF DIAMOND BAR LOS ANGELES COUNTY, CALIFORNIA SUBDIVISION REFERENCE DATA FINAL TRACT MAP NO. 72295 ("Final Map" herein) Tract No. 72295, ("Subdivision" herein) Subdivider: Lennar Homes of California, Inc. Subdivider Address: 25 Enterprise, Suite 300 Aliso Viejo, CA 92656 CITY COUNCIL RESOLUTION OF APPROVAL NO. 2013-36 ("Resolution of Approval" herein) IMPROVEMENT PLANS No. (see Schedule A "Improvement Plans" herein) IMPROVEMENT: Schedule A ESTIMATED TOTAL COSTS: GRADING $ 1,907,669.90 STORM DRAIN (PRIVATE) $ 1,008,786.00 SANITARY SEWER $ 399,187.00 STREET IMPROVEMENTS (IN -TRACT) $ 865,793.25 STREET IMPROVEMENTS (PUBLIC) $ 461,515.00 TRAFFIC SIGNALS (PUBLIC) $ 444,840.00 STREET LIGHTS $ 60,783.00 LANDSCAPE & IRRIGATION $ 1,793,388.60 MONUMENTATION $ 4,800.00 FORM OF SECURITY: BONDS 1024863.1 13 NAME AND ADDRESS OF CORPORATE SURETY: GRADING BOND: Berkley Insurance Company 475 Steamboat Road Greenwich, CT 06830 ALL OTHER BONDS: The Continental Insurance Company 333 South Wabash Avenue, Floor 22 Chicago, IL 60604 SURETY BOND NUMBERS: GRADING STORM DRAIN SANITARY SEWER STREET IMPROVEMENTS (IN -TRACT) STREET IMPROVEMENTS (PUBLIC) TRAFFIC SIGNALS (PUBLIC) STREET LIGHTS LANDSCAPE & IRRIGATION MONUMENTATION 0183110 929590935 929582966 929590937 929598539 929598540 929598537 929598541 929598538 EFFECTIVE DATE OF AGREEMENT: September 16, 2014 COMMENCEMENT OF IMPROVEMENT WORK: Within 180 Calendar days of effective date of agreement. COMPLETION PERIOD: 36 months after effective date of agreement. 1024863.1 14 SCHEDULE A TRACT MAP GRADING PLANS FOR TRACT NO. 72295 (15 SHEETS), PREPARED BY: Hunsaker & Associates, Irvine UNDER SUPERVISION OF Gerardo D. Perez, RCE No. 50392 DATED March 4, 2014 AND APPROVED March 10, 2014. STORM DRAIN IMPROVEMENT PLANS FOR TRACT NO. 72295 (14 SHEETS), PREPARED BY: Hunsaker & Associates, Irvine UNDER SUPERVISION OF Mohammed Rowther, RCE No. 37127 DATED April 23, 2014 AND APPROVED April 29, 2014. SANITARY SEWER PLANS FOR TRACT NO. 72295 (3 SHEETS), PREPARED BY: Hunsaker & Associates. Irvine UNDER SUPERVISION OF Gerardo D. Perez, RCE No. 50392 DATED March 18, 2014 AND APPROVED March 31, 2014. STREET IMPROVEMENT PLANS FOR TRACT NO. 72295 (7 SHEETS), PREPARED BY: Hunsaker & Associates. Irvine UNDER SUPERVISION OF Gerardo D. Perez, RCE No. 50392 DATED March 3, 2014 AND APPROVED April 28, 2014. PUBLIC STREET IMPROVEMENT PLANS FOR DIAMOND BAR BLVD. AND BREA CANYON ROAD (12 SHEETS), PREPARED BY: Hunsaker & Associates, Irvine UNDER SUPERVISION OF Gerardo D. Perez RCE No. 44053 DATED August 28, 2014 WITH APPROVAL PENDING. PUBLIC TRAFFIC SIGNAL IMPROVEMENT PLANS FOR DIAMOND BAR BLVD. AND BREA CANYON ROAD (4 SHEETS), PREPARED BY: Linscott, Law and Greenspan, LLC UNDER SUPERVISION OF Richard Barretto RTE No. 2006 DATED July 23, 2014 WITH APPROVAL PENDING. PUBLIC STREET LIGHT IMPROVEMENT PLANS FOR DIAMOND BAR BLVD. AND BREA CANYON ROAD (2 SHEETS), PREPARED BY: Candela Engineering UNDER SUPERVISION OF Brian R. Overlev REE No. 20627 DATED July 15, 2014 AND APPROVED August 18, 2014. LANDSCAPE & IRRIGATION PLANS FOR TRACT NO, 72295, PREPARED BY: RJM Design Group UNDER SUPERVISION OF Craig D. Sensenbach, DATED Julv 24, 2014 WITH APPROVAL PENDING. 1074863.1 15 I LL n zo�i o¢�wz o<w C41t." m2w ¢w�amYLLo zZw+n oa o jFj z aoo C o a S 29ZwNNU:z m U YNW� ¢W ly9�n 1Y TE 'F 1 >� �N9 ZjO0Y6 p � U I- Vaa?WmmJ , �.��4 a¢W Q rywjN } 4Wa Y n. 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HUNSAKER AND ASSOCIATES IRVINE, INC_ �a wwg5I � ROBERT L WHEELER IV, LS. 8639 DATE OF SURVEY: JULY, 2"51 19 ,9 ----® INDICATES SHEET NUMBER �� i o-• BOUNDARY SHEET, SHEET INDEX AND GPS CONTROL MAP z LANE TABLE ITS SHEET MY ONE 8EARIM IExcTH NOS HORRONTAL CENITRIX.\� Ll Nyt 4923 W RAp 120.00' STATppN,h t� u N540293E 1STATOR'41.9(5' NS] 5955E 19 B6 I. ` N 1,819,741.92 ((CRM :Li N4544 T3W 9009 /E fi,6dl RAR ,$it 3T (GRp Q� �� PR`b��R� S�`l6 L57 X454933 WW RAP 95 �R2 �, &�/ 11 �G `0��^��EBBy il. 4 f ISB N31°57SYW 35 W' a l qt \/- __ Z \ r L6 Nfi6,gp9� �A�1 NGS HORIZONFAL CCNTfEi1L FF /� BiSO\ STATION 'S.'NS ��5 ' - �� ^ ✓ p.Ra.A9 f' LOT 56 '� `rr N T 795.944.85 (GRID) Iley E 6,583,322.75 (CRM) <� 3 OS , OR wl7 iU 4 i +T— ry 34 N5t'pe fv'W RAD _ l�21 4Ok5,_ `fr 30 NO2 ��� 35 4�1 t _ -- J BREq CAMMxjRGAO x#43'E --- Beppp �p.5p4Y Pp lh f9Re 36 l . h / 4C7 ypa t Q( 5 ✓' 39 38 37 10 yaQ�`,' Re r s s 40 }`� ��, �� _� ;� ��' ion 41 31 32 42 LOT 62- _ 8 r r 43 28 30 5 ♦�oeP _ / r _ S\, i SEARCHED Ecuxo NOTwxc 7 y w a I LQT */ 8 44 25 27 9�gh0 ; x 6 S �+ 45 �y�x 140 9 'h~ •� / i 2V �'M110a� • �, *�`. / % O� `vQ 1d� 52 46 24 \ -� 7 v 4 ,3 12 51 47 11 23 \ ark; 50 48 9 _ 13 �\ 6 LOT 54 \ 49 i �Oq t2 ` ;' I` w�q' z5 22 . fPEP^'PY 6 o��` �o t VICINITY MAP r 14 Sg �� \ �� % 15 NTS. I FO0/, `l� 21 \\x?` tae"e fP1 f�NOEP Po 2Q r ..: / r.vrrr wea• 1$ f t / fh194 17 \ .t. `'oF 34.5 3 1$ 21 1 IX RW TAB - THIN 9IEi IXAY NGS HOM70NTAL CONTROL cuRVE DELTA RAaOs TENcw �+. STATION'SINS' GT 5T°a 80.00' 99R` \Y`'/ r �.1:+ - SITE N 7,795,944.85 (GRID} C2 VOS'43' 10 .0P' i 14' 2 b E 6:583.32175 ID C3 1E6 0813 15.50 im 49 2 —'o (SEE AXIS) teE°T# 15 s. im.sx \ / :{-�PASADO DRIVE TRACT NO. 72295 SHEET 3 OF 11 SHEETS IN THE CITY OF DIAMOND BAR, COUNTY OF LOS ANGLES STATE OF CALIFORNIA HUNSAKER AND ASSOCIATES: IRVINE, INC. ROBERT L WHEELER IV, LS 8639 DATE OF SURVEY: JULY, 2011 MONUMENT NOTES: BASIS OF HEARINGS: 2' 1 P TAMED LS 8639 OR LEAD, TACK IN ENC L5. ME OR W SPIKE ANO WASHER STAMPED LS ML BASS CF SENBMGS FOR THIS SURVEY M TIE CALIFORNIA STAR PLANE COORDINATE SMATURE OMISSIONS M39 TO BE SET AT ALL; TRACT BOUNDARY MAKERS, RUNIN 24 AUTIS FROM ME FILING DAIS OF SYSTEM, 2070E 5, HARM AMERICAN DAVM III AS OEIERMINM LOCALLY BY TIE FINE ENCS L'CRS''91HN' AND'SPMY, :WIN AS HOUSES ON PIGS DATA SHEETS, TE SIDNANRE OF THE COON{y Of LOS ANGELS PMFIRS u` EASEMENTS FOR 5*CRN DRAIN AND SANITARY MI5 NAP, GAUGE OTHERWISE NO1EO. S END NG H,5'28'032 (EPOCH 200100} SERER GPURPOMS BY PACT NO. 213)7 AS PER MOP FILED IN EGGS 702, PACES 22 THROUGH 25. INCLUSIVE OF 1' P FLOW CES. 8639 k TAG L 5 8634 OR AMY READ IACKMONTHS MAP, LES. 8634 TO MAP. HAS BER WFFWD UNDER THE PRONSKWS OF sMTIUN 66436, SMSEXTUT (a) (3)(A)(I U) OF THE ,LOT E BE SET AT ALL LOT OWNERS g1THIN 14NGNTHS FROM RE P1LWG GATE Of THIS NAP; UNLESS HIS SUBDIMISION MAP ACT, MAN INTEREST IS SUCH THAT IT CANNOTR PEN:INTO A FEE. TILE ANO SAID S HMATME S NOT REQUIRED BY ME LOCAL; AGENCY. oMEmnsE ND -ED DATUM STATEMENT: r: ' AND WASTES I.S.BRIO OITUNTS. TACO k TAG L$ 8639 GR I' I.P. TOM £ LS SHOWN HEREON GRCUNO UNLES6 OTHERWISE NOTES.INMOMENTINSTRUMENT ME SIGNATURE EW SOUTHERN COUNTIES GAS COMPANYURP SE OPER A DOCU CORPORATION, OWNERS OF 7, PUBLIC AND RECORDED #7 1964 AS. AL PURPOSES PER k DOHAD M 9 M L. MET PUNTS -0F. CON MU.; WEIR 24 MONTHS ROM ME 8639 ID:BE: SETATMAP, UMAETE TO OPTION O o TO OBTAIN GRi0 g5TANCES; MULTIPLY GRIND. DISt0.YCE:BY 6.999 8500 ,c -1SWD T. .� J WNtt HAS 0 .�0 UNDER 'TH ONSICNS: N BAD RDS, OF ME' UNDER M N MEN NO, 37 A CFtlOA1 RECORDS, OF LOS.ANCAES C ...... BEEN MIT ER E FR UNLESS FILING DATE OF THIS MAP, UNLESS OMERMEE NOTED. T`IIS CUd&NAiroN FACTOR IN PROJECT SPECIFIC. OF SECTION 86438 SUBSECTION (A) NAP ACT, THEIR INTERIMDEN IS SUCH .THAT IRE 611NOT FEE REQ R CANNOT RISEN INTO A-FEETPE NN) SAID9UNAlURE Is NOT RFOU81E0 BY ME LOCAL. AGENCY BU SARI. SU IA 1 MUMS FOUND NUTHWG, ESTABL^.OiED FROM TIES. PER CUPITY OF LOS ANGELES FIELD BOON PIFID 7033-175; : AT ?IES RECORD AND MEASURED DATA NOTES: THE SIGN O RRE OF DIAMOND BAR WAITER COMPANY, OWNERS U AN EASEMENT FOR WATER PIPELINES ANO INDICATES FOUND 1' IP k TAG STAMPED TACO. VtNT, DM O7 PER COUNTY OF LOS ANGELES FIELD } RECORD AND MA.WREO DATA AS NOM WODENTALPU F SES PER A DOCUF,ff,NT REGARDED AUGUST t6 1964 AS INSTRUMENT R0. 34'7 OFFICIAL REWRDS OF LOS AIN MS COUNTY, HAS BEEN NETTED UNUM ME VWACRONS 0.c SECTION 66436, SUGGESTION ''. WON PWM }033-174(1 ET RES. t8 SUCH THAT E CANNOT BEEN NlO A FEE t3AND SAID) IG THE SUBUYTIXi MAP ALT, AM ( ) YEASI.RE) DATA AS NOTED. D TRE AND SAID SIGNATURE E5 NOR REWIRED 8Y hIE LOCAL AC€NCT. LOCAL AG LRDI FOUND NOTHING ESTABLI9RED FROM TIES PER WUXiY DF LOS ANGELES PECO BOOK RRUMID33-1 1033 1)21" ILEI AT TRACT NO 27MB 702/22-25 577, MO ME SIGNATURE OF ME ON ffi LOS ANCET£S'OYn4ER OF AN OAMMENTFOR SEINER AND INCIDENTAL FIT PURPOSES PER A DOCUMENT RECORDED DISPENSER: it, 1971 AS IN5IP.UMFMUT NO, 3366 OFFICIAL RECORDS OF INDICATES EONS LARGE PK NAIL k WARNER STAMPED 'L£ 5417, FISH RES COUNTY OF LOS R2 TRACT NO 25969 M B 114/5-7 LOS ANGELES COUNTY, HAS BEEN ONUTTED NSR. SIE PROASIONS OF SOCHI 66435 SUBSECTIONS {A} > 4 ANGELES AMD BOK PWF6 )633-784 FT TIES (3)(A)(F-W8) OF THE SUBMISSION MAP ACT, TEAM INTEREST 15 SUCH UNIT IT ChWAT MEN MIC A SEE CUP 'R3 TRACT NO 32474 RD, 873/50-56 AND SAID WRATURE IS NOT. REWIRED BY DHE LOCAL AGENCY -� INDICATES FWNR URGE PK WILD:& WASHER SIANPED 15 5411', OIL O.D5, Al LED OF S k W PER R4 TRACT NR 34160 4B 900/26-25 ME SIGNATURE ORS COUNTY OF OF AN EASEMENT FOR Att16, LRAM. STORM DRMN PRATT Na 27577. MH 701%22-25 ANO' P11 700. 15375, P.MB. 165155-.57. 5$ PND EGtfSA AND INCIO'u4FV1. Plph Offs PfR A 00GUMENt RECORDED WAY t& 1882 AS 700. A NT195 PURPOSES ERA INDICATES FOUND 5 & W NO ILLEGIBLE, DN. 0.2'. IN LIEU OF S & W STAMPED 'RCE 9181' PER P5 PASCAL, MAP NQ 15375, PMR 165/b5-57 ' 42-603759, S FICH& RECORDS,. OF LOS ANGELES: DOI HAS BEEN UNITED UNDER ME PRODUCING OF BUNCH 664A OMAR (A) (3)(A)(I MR) OF :ME SMIGN 10N MA ACT, MEW INTEREST IS MCA THAT IT TRACT NO, 2757), IRB. 7tl2/22 Ti _ RES TRACT NO 33,17, AD, 909/31 39 CNSNDT RIPEN INTO A FEE. DTE AND SAID SIGNATURE IS NOT REQUIRED BY ME LOCAL AGENCY. NOICATES ROUND Y LP. k REDNEW, NO TAG GN. DA IN LIEU OF 2' I.P. k AC SUMPS] 'R GL M/16-21_ R7 m TRACT NO 259@1 MA 6-21 ER 8Y INCORPMA11iN TO TIE COUNTY OF LOS ANGELES ME SIGNATURE OF THE TGTY OF OUMONG 6AR, SUCCSSO 12598' PER TRACT NO 2757,, MI 702/22-25: OWNER OF AN EASEMENT FLM MOST PURPOSES AS SHOWN OR TRACT: NO, IISMS M NEN MA FILM IN BOOK AN INSTRUMENT MO. 201209T440B UR 714, FACES.5 THROUGH 7, INCLUSME OF MAPS, HAS UDEN OWITED UNDER THE PROVSIONS OF SECTOR MODEL ®1NOCATES FOUND NOTHING ESTABLISHED AT RECORD. ANGE & INTERSEGTCN TO UNFURLING OF BRES SUBSECTION, (A) (3)(A)N-YO).OF ME MSOWASION MAP ACT, OUR INTEREST IS SUCH THAT A CANNOT MEN CANYON ROAD PER TRACT N0: 27577, M B 702/22-25. ON LINE YAM E] AND Q WTO A FEE: RILE AND. SAID SIGNATURE IS MUT SECURED BY ME WOOL AGEISM INDICATES FOUND NOTHING ESTABLISHED AT RECORD OFFSET FROM (ANYMORE OF VEA CANYON ME SIGNATURE OR TRANSAME6CA CE)FLffiMENT COMPANY, A LORPORA.liUL DINNERS OF M ANO ABNERA ROAD PER WALT NO 27577, MR, 7D2GG222C,RIGHTS NOTES: PER DEED RECORDED MARCH 29, ISM AS iNSMUMENT FIG 24 IN SOUK 0-3355, PACE 785 OF OFFIOAL: SUOMI AND RE-RECORDED .NNE 19, 1969, AS INSTRUMENT. ME 1775,.. W BON 0-4ta1, PACE 591, 1 INDICATES FIND WEING MTABUBHED AT RECORD OFFSET FROM MNIRLNE OF DIAMOND BAR LOT 1 IS FOR MULE-FANKY ATTACHED CONWARUM PURPOSES, OF CRUCIAL RECORDS BY INSTRUMENT RECORDED ;NLY 23 1982 AS INGEDUMENT NG 82-743326 OF 9FFKYAL - BLMD. PER TRACT NG 27571 M.S. M2/21-25. RECORDS, TRANSAMERICA DEVELOPMENT CONPAMT, A CORPORATION CUITOAD.ED TO ME DIAMOND BAR LOT$ 2-5 ARE FCR SINGLE FAMILY DEPUDIED CONDOMINIUM PURPOSES, DEMELOPMENT CORPORATION, A. CALIFORNIA CORPORATION AND AN RESERMR BY MAMSAMERCA 9EMELCPANENi t 1 INDICATES FOUND WM% ESTABLISHED BY INITITION PER TRACT NO. 27L77, MR 702/22-25 " COMI SOUL COMER ROMI WIAS CO. ACQUIREDISS4 , ACRGD LO15 fi 52 ARE FOR SINGE FAMILY DETACHED.AS WITM 1401.MPANY, CORPORATION. DICED. ST 12 INSTRUMENT MARCH 29, 4968 -1 INDICATES MUST 2' ESP k TAG STMIPFD 'R:C.E 91&:' DN 12' PER TRACT NO 2)SR N B. ASSIGNMENT ANG 24K IN BINK 03955 PACE 185. OFFEAL RECORDS ANO RE-RECORDED "t 14 7969 AS 702/22-a 1015 53 -57 ARE EOR SLOPES/SPAN SPACE PUiiMSES iO 8E GRANTFIl TO HWEON.MERA ASy'OOATDN INSTRUMENT NG 17)6 W BOOK. MW7 PAGE MIT CMIM RECORDS, ALL OF NCS ANGELES COUNTY, HAS BEEN OMUlIM UNDER ME ASCM91)NS OF SOONER MASS. StALSECTON (A) (3) (C) OF ME SUBPASON MA ACT: ❑INDICATES 13 FOND 2' LP k TAG, NO RIEGBUE; ON, 0 6 IN LOU R" 2' EP. & TAG STAMPED 'R GE LOT E8 IS FOR PRIVATE STREET PURPOSES TO BE GRANTED TG HGAROWMRS ASSOCIATED 12588' PR iLEAST NO 27577, MR 702/12-25. ' LOTS 59-61 ARE FOR PRIVATE UHVEWAY PURPOSES 70 BE VANED N HOMEOWNERS ASSOOATION. 'I INDICATED FgWO Y NAS. &: TAG, M0. I7W/2 E, ON 10. W LIEU W 2' LP_ k TAG STAMPED _ 4� AC 'RGE. 12588' PEA WACi NO 2I3TT MA 702/22-25 LOT 6318 FOR PUNIC RAN GARDEN PNRN/BASIN PURPOSES, HFBEBY GRANTED FEE TIRE TO THE CITY U E5 INDICATES FOUND NOTHING, DIAMOND BAR MURDERED BY BRUNSON PER TRAIT. NU. 259OR; M8. 714/5-7. LOT 83 5 FOR BUILD PARIS ftINPWES,41RERY GRAUGM FEE TRE TO ME CITY. OF. DIAMOND Mh9. T INOCATES'FOUND 2' OF, &&BASS CA STAMPED'UCO FLOOD MAI DR. 1.2', IN OUT OF 2' LP. & TAG STAMP£)'RCE 125W PR TRACT. MO, 27577, Y.B. 701 17 INDICATES FOUND 1-112- LP, & BRASS Mdy DU 1 G PER COUNTY OF MS ANGEI£5 FlEL 0 BOOK RDFS 1933 IM, ITT DES i B LISE AMS FOUND 2' LP, IT TAG STOMPED'UND DPT`, ON, 10 PER COUNTY NO LOS ANGERS HELD BINK PIED 1033-1740. FIT PLO g INDICATES FOUND NOTHING, ETTABLISFED BY IBTERSECTN 20 INUCATFS FOND 2' IT. IF TAG, STAMPED :.5,2927', DN. UVIN LIEU OF 2' P k TAG STAMPED 'RCE 10219`. FLUOR PER TRACT ND ,52974.: M.B. 673]50-56, 21 INDICATES FOUND NOTHING ESTASUSHED BY COMPASS ADJUSTMENT PER TRUST NO, 39160, MR WS/20-25:AMID R3: INDICATES FOND NOTHING ESTABLISHED AT RECORD DTI FROM RAUM PCNs OF PASADO DRIVE z2 ❑ ON LINE WM0 ANO ® PER WAST W 34160. MB 900f2U-25 fIND(CAMS MUNO YIP. k TAG STN, EII'R C£ 10363', ON. 035', PER MADE NO SUER, M.& 71415-z. ® INDICATES FOUND 3 &'W STAMPED 'LS 2421, DN. 0.15' PER TRACT AM. WAD MB 900/20-25. INDICATESFWNG AGOING ESTABLISHED BY COMPASS AD USMENT NER TRACT AN 25989, XU'.ZS Zs INDICATES FOUND i t12 ARABS CAP W/ PUNCH 'LA CO RD OUT DMI- DPMI GS N WELL MONUMENT PER PWF9 1033 PACE TRC HIS 4 TES aJ /qb / qry k11 m '^ 4 I 4 °l F- 41, — \ ehya �rn 14 K A.�rld � 'Y F 03, F"CO3 :. +-u r{,41 - -aim \• b o !fth) CC, Q6 `. 0��; A t pq :. 11 \\\ Q`. p(�\`�,. `✓ �/ ��. 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" N pab. 4A�£ f J, --� w EASEMENT NOTES: ROBERT L WHEELER IV, LS. 8639 DATE OF SURVEY: JULY, 2011 INDICATES AN EASEMENT FOR: PUBLIC UTILITY AND PERU, SERYCES PURPOSES DEOICatEU Eat © HEREON TO ME tltt OF DIAMOND BAR 9 °gE .p5 ^ W OINDICATES AN EASEMENT FOR OGRESS AND EGRESS AND EMERGENCY PURPOSES DEDMAIED` FN° \ l \ HEREON iD THE ptt OF pAMavD BAR. : s+ t 6 . /_ Q \ N. NDICATES AN EASEMENT FOR STORM ORAN FLRPOSES RESERVE➢ HEREON FOR FUTURE V4 a \CN \� g' A*Bg i GRANT TO INE HEREMER'S uNSOTA DN - - �t�A.y' i�'V Rrersz&. cSs a� l`•\ \s //.� \ xb j: W01=AIES AN EASEMENT FOR :WATER AND ACCESS PU°POSES RESERM HEREON FOR yy' (� ;a sem' c° RppE °} o�� \ ,.{' `�, p FEW GRANT By SEPARATE INSTRUMENT. f�F 40 ` L�RV j5a \ \ HW"ITSEREON TO THE GIIRGF. DEAN ANI e R NEVER AND ACCESS PURPOSES MITATED / Q yf' V O�l� r` N0.i9£�w N+A d MONUMENT NOTES- L' Q QNQ - ror. a �4,. / \ •�":• C1 �� xx5� INDICATES FOUND N TNINO ESTABLIPPIED FRAY TIES PER CWNTY OF ` '� l ^A . i �� -. �'�' S t� . 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SHEET : 7 - SEE SHEET 11 SCALE T - 40' SEE SHEET 2 � SHEET 9 OF fl SHEETS- TRAUT ® 72295 yxs° IN THE CITY OF DIAMOND BAR, COUNTY OF LOS ANGLES 5� ziW 1°p0�od L\� a1. -tea EASEMENT NOTES STATE OF CALIFORNIA IABRAMS AN EASEMENT FOR PUBLIC I.WTY AND PUBUC.SERWES PURPO£ DEDICATED HEREON 1D TNF CITY OF GAMOND BAR INCHUNSANER AND ASSOCIATES IRVINE,\ 3 1 �4 \S°�i9 ` (D ROBERT L WHEELER IV, L.S. 8639 DATE OF SURVEY: JULY 2011 L - INDICATES AN E aTY OF FOR INGRESS AND EGRESS NJO EMERGENCY PURPOBES DEDICATED HEREON i0 THE GTT OF GAMO+O HMR. OINDICATES AN EASEMENT FOR STORM OUR PURPOSES RESERVED KWON FOR FOWL GRANT TO ME HOMEOWNER'S ASSODATON // a9 �• O INDICATES AN EASEMENT FOR WATER AND ACCESS PURPOSES RESERVES HEREON FOR NR/" i 8 \� 4 tl\0 a'�5 a81 ;;�, LOT 53 -� NE GRANT BY SEPARATE INSTRUMENT /.-' l h)91 , hM1h �. 2J.'n GROSS = 94407 S.E �\ ry90 ,0 i' NET :88.348 SF. QMGEON T AN CASEMENT FORDIA OND BAY SEWER AND ACCESS PURPOSES BEG<ATrb Ag1d l�•N°5�{ At M1O' (GPEN. SPACE) HEREON N THE GTY � DIAMOND BAR. ir" •E MONUMENT NATESAtAlR MDICATES FIORD 1' 1 P A TAO STAMPED *LACO OPW, DN 0.7- PER CWNTY OF LOS ANGELS 1ELD a BOOK PWFH 1033-174C FIT PER j hjE F 1 INDICATES FWND Y LP M TAG STAMPED 'LAW DPW, ON, t0' PER CCk NTY OF LOS ANGELS ssi FOD BOG( PYA3 7033 1740. IT TM iy51/5 i INDICATES i➢UND NOTHING ESTABLISHED BY IN10'Si ECTION, NB6t449��3a0 v Pa�� 1 N55.\x a9E F5515�dA' P I.4� t�Ls `6`. f .+ PD:1, �`' i INDICATES FWNO 1 1(2` BRASS CM W(PUNG: 'U CI} PoS DEP' 1981" / O�jaS G05N B.5 IN:WELL MONUMENT PER FWFH t03zt]2G. FlTS 4 Tis\�i o (`P-'j.y/\ NS?48D+'Sr RAD PRC Q� o ` R �1 0 5 a9 %iS 1z4a Dy NttiE a°e'4fl' "� 4 !BABBLE: F DETACHED"I'tA�-\ 4 m. R 9 31 P41V` 9 \ 1\• f- \a, 1, FF `&\'? y`a\ ss y,3 A1n� Ao'W • S $c 8 ^:En �\ \ jiy� „ho' ot�zz ai z6FB K 26 i yi S .`s y P t n ' asc _ 1 i a ssDd 3Sw a9E s1s As,'E \� d;. 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'&\�- Y"�t;as 3t3M1'W LOT 53 / / / �... i / 4., GROSS �84MB7 FF. i P 1,60? N� l"l q� ^ l y 1� NET c \ '�Q WRA TABLE N \A a9('E� F / \Ai C \ ` 8, yfl0pda� (OPftd SPACE} �.- _ �"� N5fi`\a : 1146t N�4' CURVE DELTA RADJUS LENGTH OSSA G 1 8 S W dw I:ff s CX.o u aD 5.66 u, C41 S t N�'1 ty"p. / 1 c41 �Y 4, CM2 1 Yi 1135' 3011Y C\ham EMWGLINE UNE BIENCTH C44 2i4'it' 21)00 10.13' O f t \ L36 1 N26°T3'43 4OO' RAll C#5 N 0fi3et W 14.25 RAO G63 m t R-3{24' \. \ L+1 N23'4510`W 25.00' M4 IWiI w' - 41s^Qjj�t' ` l7I N64.3fi'DB E 37.W, C6) SEE SHEET 8.:1 SEE. SHEET 10 SCALE P - 40 r 722095 SHEEP 10 OF n SHEETS TRACT IN THE CITY OF DIAMOND BAR, COUNTY OF LOS ANGLES ` \� :MONUMENT NOTES: STATE OF CALIFORNIA \ \ VolINDICATEDFIXING 2' 1.P. A TAG STAMPED -[-S 292 DN. D.2', IN LIEU OF 2` Ll h TAG STAMPM 'R.OE ftms', FLUSH PER TRACT NO 32974H.B. e]J/so-ss. HUNSAKER AND ASSOCIATES .IRVINE, INC. ROBERT L WHEELER IV, LS^ 8E39 DATE OF SURVEY. JULY, 2011 SEE SHEET 9 SEE SHEETC� _ Q 'x4,e, _ f f yf6T Bppd = f \ Z maciw i : s O.10 W 33 �c� `- \ 34 Y 636IF #,390 S.F. W / \ y."$m 4,210 IF. 'r A5 + $ �` by V9 0.elDxt p 1 HsZiO`� I.r 43K, A 6H z f�, \ f f 6D o9 37 ,s�' �A x. toaaoa' —it}�8 tfi.�,e fi 2 -' 4.200 IF. $ p38 afl 4.200 IF 1 K L 4i ( xg G( \ LOT 53 gx� ' y �a. Sao P /� 51 "�4'srw OR�T63 — 92,407 IF. 6 \ fid : \ ,� ' P NEfGROSs 88.3448 V. � t.. :y 42E �, 9 �, y� L 45.91 Jo OO` xx t NET m PACE) IF. OPEN FACE h9 at .'.4,212^' e L:''� •po I _ (OPEN SPACE) ( } P gyp.. •y oa.(f� _l. _ __. _ _ ,sH'' �a?° "v� 4,= IF. 32 }� _ STARDOM FOUND HOMING X It h " 41 4515 s < �s 4.6]7 IF.p13 j� �J4 ,E'°. ° C7, .y, m ! It `�-%� "�^t} 'n��Tg,� !`g N6221 O8'W 2o��z a �$✓&''tl . � �ao� ff,i/°' ' ros�'d'i1,.Pc�4 A•5h'd' i't� ' Q(b+✓442 h rt ' .��_.-'/' 'y� h^i•`A�4,! yN.7t1-°9�'h �,;sj5i f �5i 1t .`� 7 RAD 5,022 IF, Si. .x r. `s� LOT 64 1 �. W / e ry roiNg">z. yw. X 4�^xay"I ,Kl c,� J' acp `u r 110.580 SK 1 4 1 \ r sg, .� o '6 s." : y 'a TA 4 - (OPEN s+ar,K) 1 ` s l ��// 43 p 28 �'�$ 33 W V .4827 IF. Rc� `�• . 4223 SF. .p 4,8&9 IF. 0, % 67s .Ahs / F' dZn�: e� e9 �J �6 a�s+�p l i ry,. � %}\ �jP`•4 1` �... :..F .FY s� ~ ti5g `8�,f'SOi AOS Lf 4 Y f --. �R ,{�. %v g..'-/,o4,Po, 6.421 S.F. 5,389 IF o-°`4 sa'y EASEMENT NOTES;. t . v"$FOR 4.5&7 S.F, ocQ `'4 sp `b•,a Fry \ © IFi JEEo TO T CTY OF NAMOND PAR. Dr. ANN eueLlc gRticEs PURPOSES oemcniFn 'F D-'. a � -,r9 9Rh/ /)° Js.° i E:, \ MWCAULS AN EA314,AT FOR WGRESS AND EGRESS AND EMERGENCY PURPOSES OUTDATED O,1„Qp'.�� 2✓$ 2 2p a° Y5@'O9'56"N 4 - \� ��' F O HEFEIXY TO RIE a Y GF mmm BAN. \ W a MDICAUB; AN FAS.MENT FOR STORN DRNN PURPOSES RE�`A➢ HEREON FOO NLRE ryS �.�+�.. AS�2�a 6 RAP" O GRANT TO THE HOMEOWNERS ASSODATILM. F,'f Saw SF p?,yt$� ! ' O INMCAIl AN EASEMENT FOR WATER AND. 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Please have the Council Minutes reflect my name and address as written above. =Wignature---"�--- This document is a public record subject to disclosure under the Public Records Act. �cva� VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK ( FROM: 1 ree L ' "q DATE: ADDRESS:��ja I ESC L"ice j t% PHONE: t/ ORGANIZATION: c C� ✓1✓mss 5 AGENDA#/SUBJECT: I expect to address the Council on the subject agenda/subject item. Please have the Council Minutes reflect my name and address as written above. 07 . - �, Signature .T VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM:DATE: ADDRESS: ORGANIZATION: AGENDA#/SUBJECT: PHONE: gQDef 6(w3 03 I expect to address the Council on the subject agenda/subject item. Please have the Council Minutes reflect my name and address as written above. Signature This document is a public record subject to disclosure under the Public Records Act. TO: FROM: ADDRESS: ORGANIZATION: AGENDA#/SUBJECT: CLERK I expect to address the Council on the subject reflect my name and address as written above. Il, a 6i d - Please have the Council Minutes 61 This document is a public record subject to disclosure under the Public Records Act. VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: V�n0\/l \glfl DATE: 3C&T 1(91 )00 ADDRESS: tell -Ch ld = PHONE: ORGANIZATION: I�; dvY;�3r tom( l�r�Ytf l �tJi 1�jGtl1 GJ2t?ty AGENDA#/SUBJECT:3 �l��GiG�16/f7?i7f I expect to address the Council on the subject agenda/subject item. ase have the Council Minutes reflect my name and address as written above. � c Ai p(ature This document is a public record subject to disclosure under the Public Records Act.