HomeMy WebLinkAbout08/19/2014 Agenda - Regular MeetingCity of
Diamond Bar
City Council Agenda
Tuesday, August 19, 2014
5:30 p.m. - Study Session - Room CC -8
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
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available for public inspection. If you have questions regarding an agenda item, please contact the City Clerk at (909) 839-7010 during regular business hours.
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prior to the scheduled meeting. -
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CITY OF DIAMOND BAR
CITY COUNCIL AGENDA
August 19, 2014
Next Resolution No. 2014-36
Next Ordinance No. 07 (2014)
STUDY SESSION: 5:30 p.m., Room CC -8
► Municipal Separate Storm Sewer System (MS4) Permit and
Watershed Management Program (WMP) Update — Discussion and
Action.
Public Comments
CALL TO ORDER:
PLEDGE OF ALLEGIANCE
INVOCATION:
ROLL CALL:
APPROVAL OF AGENDA:
6:30 p.m.
Mayor
Shaykh Nomaan Baig,
Institute of Knowledge
Council Members Chang, Lyons,
Tanaka, Mayor Pro Tem Tye, Mayor
Herrera
Mayor
1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
1.1 Proclaiming September, 2014 as "National Preparedness Month".
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.
August 19, 2014 PAGE 2
2. CITY MANAGER REPORTS AND RECOMMENDATIONS:
2.1 Presentation of Brush Fire Safety by Chief Stone.
3. PUBLIC COMMENTS: "Public Comments" is the time reserved on each
regular meeting agenda to provide an opportunity for members of the public to
directly address the Council on Consent Calendar items or matters of interest to
the public that are not already scheduled for consideration on this agenda.
Although the City Council values your comments, pursuant to the Brown Act, the
Council generally cannot take any action on items not listed on the posted
agenda. Please complete a Speaker's Card and give it to the City Clerk
(comDletion of this form is voluntarv). There is a five-minute maximum time limit
4. RESPONSE TO PUBLIC COMMENT: Under the Brown Act, members of the
City Council may tEigN 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 — August 26, 2014 — 7:00 p.m., Windmill
Community Room, 21810 Copley Drive.
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 will be closed in observance of Labor
Day, September 1, 2014. City Offices will reopen, Tuesday, September 2,
2014 at 7:30 a.m.
5.4 City Council Meeting — September 2, 2014 — Cancelled.
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 Fair Grounds in Pomona.
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.,
AQMD/Government Center Auditorium, 21865 Copley Drive.
August 19, 2014 PAGE 3
6. CONSENT CALENDAR:
6.1 City Council Minutes:
(a) Study Session of August 5, 2014.
(b) Regular Meeting of August 5, 2014
Recommended Action: Approve.
Requested by: City Clerk
6.2 Ratification of Check Register Dated July 31, 2014 through August
13, 2014 Totaling $ 863,770.76.
Recommended Action: Ratify.
Requested by: Finance Department
6.3 Approval of 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 the
Appropriation of $100,000 from General Fund Reserves.
Recommended Action: Approve and Appropriate.
Requested by: City Manager
6.4 Approve 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.
Recommended Action: Approve.
Requested by: Public Works Department
6.5 Adopt Resolution No. 2014 -XX: 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 Trail Head.
Recommended Action: Adopt.
Requested by: Community Services Department
August 19, 2014 PAGE 4
7. PUBLIC HEARINGS: 6:45 p.m., or as soon thereafter as matters may be heard.
7.1 Adoption of Resolution No. 2014 -XX: Amending the City's Conflict of
Interest Code for Designated City Personnel and Rescinding
Resolution No. 2012-36 in its Entirety.
Recommended Action: Receive Staff Report; Open the Public Hearing;
Receive Testimony; Close the Public Hearing and Adopt.
Requested by: City Clerk
8. COUNCIL CONSIDERATION:
8.1 Diamond Ride Program Modifications and Adoption of Updated
Program Rules & Regulations.
Recommended Action: Approve.
Requested by: City Manager
8.2 Adopt Resolution No. 2014 -XX: 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.
Recommended Action: Adopt.
Requested by: City Manager
9. COUNCIL SUB -COMMITTEE REPORTS AND MEETING ATTENDANCE
REPORTS/COUNCIL MEMBER COMMENTS:
10. ADJOURNMENT:
CITY COUNCIL
Agenda # Study Session
Meeting Dale: August 19, 2014
AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
VIA: James DeStefano, City Mana
TITLE: Municipal Separate Storm Sewer, System (MS4) Permit and Watershed
Management Program (WMP) Update
RECOMMENDATION:
Receive and File.
The intent of the study session is to provide Council with an update on the Municipal
Separate Storm Sewer System (MS4) Permit that was adopted by the California Regional
Water Quality Control Board in November 2012. This update will include a review of the
Watershed Management Program submitted in June as required by the permit, future
implementation of treatment projects and the anticipated financial impacts to the City
associated with implementation of permit requirements.
FINANCIAL IMPACT:
The existing Memorandum of Understanding with the Gateway Water Management Authority
requires an annual cost sharing contribution until September 2026, the required date to be in
full compliance with the new Municipal Separate Storm Sewer System (MS4) Permit
requirements. Further details of the projected annual costs are in the Background/Discussion.
What is known is that the Los Angeles region faces critical and seriously underfunded
stormwater and urban runoff water quality challenges with solutions that are complex and
costly. The cost estimates continue to be a moving target and are projected to be in the tens
of millions of dollars with several jurisdictions working together to review and analyze different
funding options.
BACKGROUND/DISCUSSION:
In November 2012, The California Regional Water Quality Control Board adopted a new MS4
Permit. This MS4 permit is different from the previous three (3) permits (1991, 1996, and
2006) which simply required street sweeping, catch basin cleaning, and many other practices
to the "maximum extent practicable." The new permit now establishes strict numerical limits
on pollutants in runoff as it flows out of the City. The permit gave cities two options which
included a) Comply with the numerical limits immediately or b) Develop a Watershed
Management Program (WMP) that would phase in the numeric limits over time. The WMP is
an extensive program that looks at the type of pollutants and the land -uses within a city where
pollutants are generated; then using a computer modeling, predicts the size needed and best
locations for new treatment facilities to reduce or eliminate the pollutants to be in
conformance with the numerical limits.
On October 1, 2013 the Council approved a Memorandum of Understanding (MOU) with the
Los Angeles Gateway Water Management Authority to develop a Watershed Management
Plan (WMP) in cooperation with the following permittees: Artesia, Bellflower, Cerritos,
Downey, Hawaiian Gardens, La Mirada, Lakewood, Long Beach, Norwalk, Pico Rivera, Santa
Fe Springs, Whittier, and the Los Angeles County Flood Control District. Together, the
permittees created the technical working group under the name of the Lower San Gabriel
River Watershed Committee which worked with a consultant, John L. Hunter and Associates
to develop the WMP which was submitted to the Regional Board by the June 28, 2014
deadline for review and approval.
The WMP identified the amount of runoff that must be treated by the entire Lower San Gabriel
River Watershed to be 118.6 acre-feet. As required by the permit a Coordinated Integrated
Monitoring Program (GIMP) was submitted with the WMP which identifies the locations of the
proposed monitoring stations and will further develop the computer model which will refine the
required treatment quantities. Diamond Bar's share for monitoring only is approximated to be
$7,000 for FY 14-15, $27,500 for FY15-16, $80,000 for FY16-17 and $40,000 annually
thereafter. These costs will be added to other costs that include annual consultant charges
and treatment costs. For FY 14-15 the total projected costs are approximated to be about
$40,000 which has been included in the current Public Works Operating Budget under
Environmental Services.
The projected costs to develop and implement treatment project to treat 118.6 acre-feet for
the entire Lower San Gabriel River Watershed group is $34-65 Million. For Diamond Bar, of
the 118.6 acre-feet of treatment required, 9 acre-feet of treatment will be the sole
responsibility for the City. The project costs to treat 9 acre-feet in the next 12-14 year
compliance period is approximately $4.9 Million. These costs do not include any land
acquisition that may be required to develop the treatment project necessary if public land is
not available.
In summary, Diamond Bar can expect to pay a total up to $9.8 Million by 2026 to be in full
compliance of the 2012 MS4 Permit requirements.
Approval of the WMP by the California Regional Board as submitted in June will be in two
phases, the Monitoring portion is anticipated by October 2014 at which time implementing the
monitoring schedule will begin, and approval of the Treatment Project portion is anticipated by
March 2015, at which time development of treatment projects begins.
PREPARED BY: DATE PREPARED:
Kimberly M. Young, Senior Civil Engineer August 14, 2014
REVIEW
DaWLiu, Director of Public Works
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CITY OF DIAMOND BAR
CITY COUNCIL STUDY SESSION
AUGUST 5, 2014
Agenda No. 6.1(a)
STUDY SESSION: M/Herrera called the Study Session to order at 5:15
p.m. in Room CC -8 of the South Coast Air Quality Management District/Government
Center, 21865 Copley Drive, Diamond Bar, California 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; David DeBerry, City
Attorney; Ryan McLean, Deputy City Manager; Dianna Honeywell, Finance Director;
Ken Desforges, IS Director; Greg Gubman, Community Development Director; Marsha
Roa, Public Information Manager; Cecilia Arellano, Public Information Coordinator;
Kimberly Young, Senior Civil Engineer; Christy Murphey, Recreation Superintendent;
Anthony Jordan, Parks Maintenance Superintendent; Anthony Santos, Senior
Management Analyst; Alfa Lopez, Management Analyst; Amy Haug, Human Resources
Manager; and Tommye Cribbins, City Clerk.
► DIAMOND RIDE PROGRAM OVERVIEW AND MODIFICATION OPTIONS —
Discussion and Action.
CM/DeStefano stated that this matter emanates from City Council discussions
during the budget preparation and adoption earlier this year. Council requested
that staff look at potential modifications to the program in order to better utilize
resources dedicated to this program in other areas such as roadway
improvements and other eligible activities. Staff is seeking Council discussion
and direction to bring back an agenda item for consideration at its next meeting.
DCM/McLean provided an overview and history of the Diamond Ride Program
along with a power point presentation showing statistics and ridership patterns
that provide the basis for increases over the years, as well as options for Council
consideration of potential modifications to the program. Diamond Ride was
established in April 1995 and was described as a non -primary mode of
transportation that was affordable and local. Eligibility requirements are for
seniors 60 and older, Diamond Bar residency and/or disabled adults 18 years
and older. People visit City Hall to turn in their application, show proof of
residency, age and disability, as required. Individuals receive a card that entitles
them to 30 one-way/15 round trips per month. The service is available seven
days a week from 7:00 a.m. to 8:00 p.m. and trips must be reserved one day in
advance. Some exceptions to the hours are allowed in case of dialysis where
doctors provide orders for earlier treatment.
Service is provided to three service areas including Area 1 (City limits); Area 2
(non-medical trips) bound by Arrow Highway (North), Central Avenue (East,
Imperial/Carbon Canyon & Hacienda Boulevard (South) approximately 20 miles
in each direction; Area 3 (medical service area) Foothill Frwy 210 (north), Sierra
Avenue (east), San Diego Frwy 405/State Route 133/Riverside Frwy 91 (south)
and the Long Beach Frwy 710 (west). Service is also provided to Ontario Airport
AUGUST 5, 2014 PAGE 2 CC STUDY SESSION
and Fullerton Amtrak Station. For each of the boundaries there is a nominal fee
to the user. For Area 1: $.50 one-way; Service Area 2: Non-medical Trips $3.00
one-way; Service Area 3: for medical $1.50 one-way and for Ontario
Airport/Fullerton Amtrak Station $10 one-way.
C/Lyons asked if the fee was the same for one or more occupants.
DCM/McLean responded that it depended on whether a passenger is riding with
the cardholder. Cardholders are entitled to have one person accompany them.
On rare occasions (5-6 percent of the time) there are shared rides and each
occupant pays the same rate.
The program also offers a Cab Conversion for $2.50 which is for service beyond
the boundary.
There are currently about 1300 active cardholders. During Fiscal Year 2013-14
the program provided almost 27,000 trips for more than 31,000 passengers for
nearly 271,000 travel miles for an average trip mileage of 10.2 miles per trip.
Since the program was established in 1995 it has cost about $6.9 million. This
year's (2013-14) expenditure of $567,000 plus was the highest in the program's
history. As discussed during the budget process and with the audit committee a
few months ago, the program is funded exclusively with Prop C money, money
that is restricted to transit -in -waiting projects and programs. This money is not
restricted to shuttle programs and can be used for infrastructure, street
improvement, congestion management programs, etc. provided they are on the
City's major arterial streets.
C/Chang asked why the costs were higher during the past year.
DCM/McLean responded that a lot of the costs are based on distance so it
seems that people are traveling greater distances.
DCM McLean also stated that it was important to note about Prop C funding is
that it cannot be sold to other agencies in exchange for general funds. CIP
projects funded with Prop C funds include median improvements on Grand
Avenue and Diamond Bar Boulevard, traffic signal improvements, signal battery
backup system installations (Traffic Congestion Management Plans) and arterial
slurry and overlay projects.
As the costs for Diamond Ride has increased the reserves in Prop C have been
depleted so the City has attempted to continue doing the high-level projects that
are expected by the residents; however, when combined with the rising costs in
Diamond Ride, the reserves have basically been depleted and the City is not
dealing only with the allocation provided each year from the County. In this
year's budget adopted in May 2014, 70.6 percent of the total Prop C allocation
AUGUST 5, 2014 PAGE 3 CC STUDY SESSION
goes to Diamond Ride which means there is very little left over for infrastructure
projects.
DCM/McLean went on to state that 1) The program philosophy may have
changed over the years due to the expectation of the user and what was
originally billed as a supplemental mode with the 30 trips a month and the very
generous boundaries, it may no longer be supplemental and may be exceeding
the intended scope of coverage; 2) The top 10 riders average nearly a trip per
day, indicating it was less supplemental and more a primary mode of
transportation for them.
Staff primarily questioned Area 2 service which allows for shopping trips outside
of Diamond' Bar and found that it was counter intuitive to the economic
development philosophy and initiatives by allowing non-medical and shopping
trips to areas almost 10 miles outside of the City limits because it undermines the
"Shop Diamond Bar" program and effectively subsidizes sales tax revenue
leakage to surrounding communities because Diamond Bar is paying for trips for
individuals to shop in other communities.
Important to note is that the usage inequity is growing, meaning that the
significant amount of resources dedicated to the program are going to a very few
number of people. In short, the top 40 cardholders/users out of 1300 were
responsible for nearly 28 percent of trips, nearly 29 percent of all miles traveled
and 28.5 percent of the total cost of the program. The highest user traveled
about 4500 miles at a cost of over $11,000. The top five users cost nearly
$50,000 and staff found that all of the users are operating within the scope of the
program.
DCM/McLean reiterated that there is a growing impact of long-distance trips.
Most of the trips taken under the program are to and from destinations outside
the City limits (over 60 percent) and a sample of about 9000 trips were found to
be responsible for about 86.5 percent of the total cost.
Comparing Diamond Bar's program to other similar programs offered in other
cities, by far, Diamond Bar offers the most generous radius and number of trips
allowed. Very few cities have a cab service that allows for trips to go beyond five
miles. There are some exceptions such as the City of Walnut which has a
program that allows in city trips to an established radius of approximately five
miles outside of the city center. Many cities offer shuttle programs and others
offer cab programs for which riders purchase a $30 voucher for one trip to and
from the airport. However, most of the programs operate within their
jurisdictions. In other cases, some medical trips are allowed to appropriate
facilities usually within a closer radius than the 20-25 miles currently in place in
Diamond Bar.
DCM/McLean stated that based on the aforementioned information, staff is
offering recommendations to save money to allow for a greater share of the Prop
AUGUST 5, 2014 PAGE 4 CC STUDY SESSION
C money to be allocated toward transportation, infrastructure and congestion
improvement projects. Staff felt it would be a good use of the special fund to
dedicate it to something that impacts a greater share of the community. The
following are staff's recommendations for consideration with Option A being
staff's preferred recommendation:
Option A:
Staff recommends that the program maintain in -city trips (Area #1); Establish a
new medical service area (Area #2) which is approximately 5 miles outside of the
City; eliminate subsidized non-medical and shopping trips to destinations outside
of the City (including Ontario Airport and Fullerton Amtrak Station trips); and
maintain a flat rate of $0.50 per trip for Diamond Bar trips and $1.50 to medical
service area. Option A savings is estimated to be $230,000 per year (about 40
percent)
Option B:
Establish a new single -service area within City limits (Area #1); Eliminate all
subsidized trips to destinations outside Diamond Bar; maintain flat rate of $0.50
per trip within City limits. Option B savings is estimated to be $414,000 (72
percent).
Option C: (hybrid option)
Maintain in -City trips (Area #1); maintain current medical service area boundaries
(Area #2); limit Area #2 trips to a maximum of 10 per month; eliminate subsidized
non-medical and shopping trips outside Diamond Bar (including Ontario Airport
and Fullerton Amtrak Station); maintain flat rate of $0.50 per trip within City limits,
and maintain medical fare trips of $1.50. Option C is estimated to save the City
approximately $246,000 (about 43 percent).
M/Herrera asked if under Option C the medical radius for Area 2 was still a 5 -mile
radius.
DCM/McLean responded that under this scenario, Area 2 is the current Area 3
that combines Area 2 and Area 3.
M/Herrera asked if people could still get medical service in the new Area 2 for
$1.50 a trip under this proposal.
DCM/McLean responded that it was; and, under this proposal could be set at any
amount.
M/Herrera asked if riders would be allocated 30 -trips for medical reasons
AUGUST 5, 2014 PAGE 5 CC STUDY SESSION
DCM/McLean said that under Option C there would be a maximum of 10 trips (5
round trips) for medical.
C/Lyons asked if staff considered increasing the $0.50 rate.
DCM/McLean said that staff did and it is something that could easily be changed
should the Council choose to do so.
C/Lyons asked if the charge had been at the $0.50 rate since the program's
inception.
M/Herrera responded since 1995.
MPT/Tye asked what the impact would be if it the rate were doubled.
CM/DeStefano responded that it is a 100 percent increase and would not add a
significant amount of revenue; however, it is symbolic of the growing problem
which is that these trips are costing more and more and perhaps the users ought
to be paying a tiny bit more.
DCM/McLean said that this year of the total billed, about six percent was paid by
the passenger and even if that figure was doubled it would remain somewhat
insignificant.
MPT/Tye said that he did not believe increasing the cost from $0.50 to $1.00
would deter anyone from using the system.
M/Herrera said she felt that by increasing the rate from $0.50 to $1.00 would
make it simpler for the users and drivers and the same reasoning would hold true
for increasing the $1.50 rate to $2.00 per trip. She asked what other cities
charge riders.
DCM/McLean said other cities charge anywhere from the amount Diamond Bar
charges to up to $4.
M/Herrera asked what Walnut charges.
DCM/McLean said he believed the charge went from $1.50 to $3.00 and $10 for
the airport.
MPT/Tye said he has never been a big proponent of doing what other cities do
and that Diamond Bar should set the standard.
AUGUST 5, 2014 PAGE 6 CC STUDY SESSION
CM/DeStefano said that he was told that Walnut is waiting for Diamond Bar to
make changes so that it will set a new standard and then Walnut will make their
own changes.
C/Lyons asked if certain hospitals were included in the Areas.
DCM/McLean responded that some were included in the radius and others were
not; however, facilities could be specifically identified in the program area should
the Council decide to do so.
CM/DeStefano stated that under staff's recommendation the rider would pay the
normal cab fare rate from a certain intersection to the facility (Harbor Blvd and
Imperial to St. Jude (Harbor and Bastanchury).
M/Herrera asked if it was possible for the City Council to pick Option A and write
in some exceptions such as, for medical reasons the program will take the rider
to certain facilities (St. Jude Heritage, Pomona Valley, etc) for $3.00 or some
other fee.
DCM/McLean said that was up to the Council, and that if Council chose to add
exceptions, the most effective way would be to establish those particular
boundary exceptions rather than having staff determine whether it is okay. Staff
receives many calls about the service areas and the program would be more
effective if the exceptions were clearly identified.
M/Herrera asked if Option C would be the better fit for drawing in those
exceptions because it extends Area 2.
CM/DeStefano responded that expanding on the discussion, Option A would be
the better choice adding to that option Pomona Valley Hospital and the
surrounding area and St. Jude and the surrounding area.
DCM/McLean said that if Option C were chosen those two areas would not have
to be specified.
M/Herrera said that Option C would limit medical to 10 trips per month (5 round
trips) which is perhaps not enough for someone who has medical issues.
MPT/Tye said that one of the first things that jumped out at him was "this
program is affordable non -primary mode of transportation" and five trips in
excess of once a week.
C/Lyons said she would like to see Pomona Valley Hospital and St. Jude
Heritage included in Option A.
AUGUST 5, 2014 PAGE 7 CC STUDY SESSION
C/Chang said it appeared to her that under Option C the program would be
saving more money.
DCM/McLean reiterated that the estimates were based on current usage which
could change if the program changes or usage changes.
CM/DeStefano reminded Council that under Option C the number of trips has
been reduced which results in greater savings which is why staff is promoting
Option A which retains the same number of trips the users are used to but
reducing the distance.
DCM/McLean responded to MPT/Tye that he would recommend that the use be
limited to medical and that the use not include daycare facilities.
C/Chang said she liked Option A.
C/Tanaka said he liked Option A. He felt that the plan that included Option C
was overly generous for such a small group.
M/Herrera asked if he favored Option A including the two hospitals.
C/Tanaka said it would not matter to him either way because he did not believe it
would be a primary reason for using the transportation.
MPT/Tye said he originally liked Option B for the savings; however, he now
agreed that Option A with a couple of tweaks is better. He did not see that any
changes would change the fact that over 75 percent of the trips were for medical.
He did not see the changes would cause people to not use the system or now
sign up for the system and the savings is a quarter of a million which needs to go
back into programs that benefit the entire City.
M/Herrera said that when the program was first created in 1995 it was budgeted
for $350,000 and slowly over the years the cost has crept up and up. There was
a period of time that some creative individuals were using the program to visit
gambling casinos.
DCM/McLean said that the cab company has been very helpful in reporting
abuses and there have been very few incidents in recent years and if discovered,
those privileges were revoked.
M/Herrera said she liked Option A.
M/Herrera asked for input on raising the $0.50 to $1.00 and $1.50 to $2.00
C/Tanaka said he would leave the fare as it is for now.
AUGUST 5, 2014 PAGE 8 CC STUDY SESSION
MPT/Tye said he too would leave the fares the same because increasing the
fares would create more aggravation than a positive fiscal impact.
C/Lyons said she would be okay either way. It is not that much money.
M/Herrera said she felt it would send a message that the City needs to be fiscally
responsible and live within its means.
DCM/McLean said that even with the increases, Diamond Bar has one of the
most generous programs with a wide radius.
MPT/Tye said that every time the City has changed the program someone comes
up with another way to abuse it and changing the program from $0.50 to $1.00
would not stop that abuse.
M/Herrera asked for clarification of the uses in Area 2.
DCM/McLean said there would no longer be daycare allowed. It would be
medical only to a medical destination (dentist, eye doctors included) and there
would be no shopping unless the user paid the cab conversion fare beyond the
City limit.
C/Lyons asked how the residents would be notified of the program change.
DCM/McLean said that staff would propose a 90 -day phase in where information
would be provided to the user. A letter could be sent to each user; notifications
could be posted in the City newsletter.
CM/DeStefano said that when changes were made in 2009 or 2011 staff
provided educational notification to the cardholders, created new information
pamphlets that are still available at the front counter, and in this instance, all
available tools would be utilized for notification.
MPT/Tye asked if the cab drivers notify riders when they enter the cab.
DCM/McLean said that staff could ask Yellow Cab to do so. He is not sure how
individual drivers' contracts would encourage them to be diligent about providing
information. Staff may be able to work with Yellow Cab to help but he believed
the City should take the primary roll.
M/Herrera asked when Council would be deciding the matter and when the 90 -
day period would begin.
CM/DeStefano said that matter could be considered at the Council's next
meeting and that the arbitrary date such as December 1 or January 1, 2015
could be selected to begin the program.
AUGUST 5, 2014 PAGE 9 CC STUDY SESSION
M/Herrera said she would recommend December 1 because in December there
may be more opportunity for abuse.
CM/DeStefano said that Council's clear direction to staff is to move forward with
Option A and incorporate the area surrounding and including the Pomona Valley
Hospital and St. Jude and bring this matter back to Council for further
consideration and formal action.
PUBLIC COMMENTS: None Offered.
ADJOURNMENT: With no further business to come before the City Council,
M/Herrera adjourned the Study Session at 5:55 p.m.
TOMMYE CRIBBINS, City Clerk
The foregoing minutes are hereby approved this day of
Carol Herrera, Mayor
2013.
MINUTES OF THE CITY COUNCIL Agenda No. 6.1(b)
REGULAR MEETING OF THE CITY OF DIAMOND BAR
AUGUST 5, 2014 @MFy
CLOSED SESSION: 5:00 p.m., Room CC -8
► Government Code Section 54957 — Public Employee
City Manager Performance Evaluation
Public Comments: None
STUDY SESSION: 5:15 p.m., Room CC -8
► Diamond Ride Program Overview and
Modification Options — Discussion and Action
Adjournment: Study Session adjourned at 5:55 p.m.
CALL TO ORDER: Mayor Carol Herrera called the Regular City Council
meeting to order at 6:30 p.m. in the South Coast Air Quality Management
District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar, CA.
M/Herrera announced that the City Council began this evening with a Closed Session at
5:00 p.m. for the purpose of preparing for a City Manager Evaluation. Following the
Closed Session they went into a Study Session.
CM/DeStefano reported that during tonight's Study Session staff provided the City
Council with an overview of the Diamond Ride Program, discussed options and
provided recommendations for changes. Staff was directed to provide an update for
discussion and action at a future City Council meeting.
PLEDGE OF ALLEGIANCE: Mayor Herrera led the Pledge of Allegiance.
INVOCATION: Sr. Pastor Randy Lanthripe, Church in the Valley
gave the invocation.
ROLL CALL: Council Members Chang, Lyons, Tanaka, Mayor Pro
Tem Tye and Mayor Herrera.
Staff Present: James DeStefano, City Manager; David DeBerry, City
Attorney; Ryan McLean, Deputy City Manager; Ken Desforges, IS Director; Dianna
Honeywell, Finance Director; Greg Gubman, Community Development Director; Amy
Haug, Human Resources Manager; Christy Murphey, Recreation Superintendent;
Anthony Jordan, Parks and Recreation Superintendent; Anthony Santos, Senior
Management Analyst; Alfa Lopez, Management Analyst; Marsha Roa, Public
Information Manager; Cecilia Arellano, Public Information Coordinator; Kimberly Young,
Senior Civil Engineer; and, Tommye Cribbins, City Clerk.
APPROVAL OF AGENDA: As Presented.
AUGUST 5, 2014 PAGE 2 CITY COUNCIL
1.1 M/Herrera proclaimed August 6, 2014 as "National Night Out" and
presented the proclamation to Lt. Tachias, Sgt. Mark Sanders, Deputy
Aaron Scheller, Deputy Nick Thorn and Deputy Heidi Villasenor.
2. CITY MANAGER REPORT AND RECOMMENDATIONS:
2.1 DCM/McLean introduced new employee Alfa Lopez, who joined staff as a
Management Analyst in the City Manager's office.
2.2 Lt. Tachias introduced new Sheriff's Department Team Member, Deputy
Nick Thorn.
2.3 Mike Holmes, General Manager, Walnut Valley Water District introduced
Board of Directors President Barbara Carrera, Scarlett Kwong, Edwin
Hilden and Dr. Allen Wu.
Mr. Holmes reported that recently emergency regulations were issued by
the State Water Resources Control Board. WVWD is 100 percent
dependent on water from the Metropolitan Water District which comes
from the Colorado River and the State Water Project in Northern
California. The Colorado River is projected to have 100 percent of the
amount of water runoff that is anticipated to be delivered. In the District's
service area which includes Diamond Bar, 100 percent of the potable
water through the Weymouth plant is Colorado River water. Year-to-date
water runoff in northern California is projected to be only 39 percent of
normal which translates to a five percent allocation of the State Water
Project and affects the Central Valley and residents of southern California
that rely on imported water. Last week the US Drought Monitor put about
60 percent of California in the D-4 zone (severe drought).
The 2013 calendar year was the driest year on record and in response to
that the Governor declared a statewide drought emergency and asked for
a 20 percent cutback and two weeks ago the State Water Resources
Control Board approved emergency regulations to increase water
conservation. MWD has left the district in a good position. For many
years it has some of the highest rates (of conservation) throughout the
state and Diamond Bar, Walnut and the City of Industry would not exist
without MWD bringing in imported water for the past 80 years. MWD has
learned through the drought lessons of 1977 and beginning in 1991
throughout the drought phases has made investments in storage, dry year
transfer supplies, supply diversification, and operational flexibility. In
2009, during the last drought, WVWD was mandated by the Metropolitan
Water District to approve an ordinance that set out stages of water supply
shortages which coincided with the Urban Water Management Plan. The
ordinance with permanent water conservation measures has been in
AUGUST 5, 2014 PAGE 3 CITY COUNCIL
effect since 2009 and was taken to the State two weeks ago. Presently,
the district is at a permanent water use restriction of 10 percent. Stage 3
and 4 levels of water usage have never been seen in the WVWD or
anywhere in southern California and sufficient rain and good snow packs
in the next couple of years will help this area avoid moving through those
stages.
Permanent water conservation measures which have been in effect since
2009 include limits on watering duration of 15 minutes per sprinkler
station, no excessive water flow or runoff, no washing down hard or paved
surfaces, customers are asked to fix leaks within seven (7) days, limits on
washing vehicles (shutoff on hoses used to wash vehicles in driveways),
direct decorative fountains must use re -circulated water, and negligent
waste of water is prohibited.
The State Water Control Board is looking at a 20 percent conservation
number from 2013 and WVWD will make every effort to meet that
percentage. A MWD memo states that "the State Board proposal reflects
different local approaches to conservation management. Metropolitan's
water resources are adequate for the coming months but a continued
drought will prompt even greater restrictions", and MWD and WVWD want
to stay ahead of that curve. WVWD displays water saving devices on its
website. In addition, rebates are available. MWD is offering rebates on
high -efficiency toilets, high -efficiency clothes washers, nozzles, rain
barrels, and turf removal. First, users need to fix their leaks and the best
place for conservation is outdoors for which about 60 percent of the
District's water is used. Users should also look at changing sprinkler
timers and make sure they are working properly. About 10 percent of
usage in this area is non -imported recycled water.
M/Herrera asked how the loss of thousands of gallons of water via a water
main leak across town affects the supply for Diamond Bar.
Mr. Holmes responded that 20 million gallons translates to one average
day of usage for the entire district which should not impact any other
supply of water.
M/Herrera asked Mr. Holmes how the district enforces non-compliance.
Mr. Holmes responded that there are 25 field workers out and about on a
daily basis who have been trained to stop and observe any waste of water
and leave a friendly door hanger pointing out the problem. WVWD has
never found any opposition or belligerence on the part of its users who
are, for the most part, happy that a concern has been identified for them.
The ultimate enforcement would be to turn off a user's water supply which
is a rare occurrence.
AUGUST 5, 2014 PAGE 4 CITY COUNCIL
MPT/Tye asked Mr. Holmes to give the public an idea of the savings that
would come from someone turning off the water while shaving, doing
dishes, showering, etc.
Mr. Holmes said that even a small drip, while not dramatically impacting
the direct user can add up to significant cumulative savings for the district.
Users need to wash full loads in their dishwashers, turn water off while
brushing teeth or shaving, take shorter showers, wash cars less frequently
or take them to a car wash that uses recycled/re-circulated water, limit
outdoor watering to three days a week and shorten the station runs.
C/Lyons asked Mr. Holmes to explain runoff restrictions from washing
vehicles at home.
Mr. Holmes said that the City enforces MPBS restrictions. Residents are
not supposed to have runoff from their property. He parks his car near the
grass to accommodate the runoff. Shutoff nozzles allow residents to be
very efficient during usage.
C/Chang said she has been getting a lot of calls regarding water rates and
the impact of the drought on those rates.
Mr. Holmes said that the District's five-year rate ends December 2014 and
a rate increase will be noticed in the coming months. The District intends
to have a drought surcharge rate that will provide an opportunity to pass
on MWD penalties. The rate increase proposals and projections are very
modest for the next five years absent a drought.
M/Herrera asked if the increase would be greater if the drought continues.
Mr. Holmes explained that WMD is finalizing the water allocation plan
which will be implemented by July 1, 2015. The conundrum of this
business is save water and the rates go up so the Board is looking at a
number of options to do other things and raise rates in the early stages
based on the potential of a drought shortage.
M/Herrera said that if the drought continues in its severity, worse -case
scenario, what Diamond Bar is looking at.
Mr. Holmes explained that typically, the Board would enact its four -stage
mandatory conservation plan. If the district gets to Stage 3 or 4 the district
would limit watering to two -days a week, leaks would have to be repaired
within 48 hours and most likely, the district would do other things to limit
outdoor conservation and lawns would likely turn brown. Indoors there is
a certain amount of water that is needed for health and sanitation.
AUGUST 5, 2014 PAGE 5 CITY COUNCIL
If there is not adequate rain during the next year it will turn into a
challenging situation because water is the lifeblood of the economy.
2.4 CM/DeStefano reported that the City of Diamond Bar's conservation
efforts have been and continue to be moving forward. The City has taken
many actions over the past few years by installing irrigation control
systems and conducting outreach to the community. Given the current
drought conditions, the City is working toward meeting the 20 percent
water -reduction goal and has recently re-evaluated the current City
operations to determine the existing water use and propose possible water
reduction recommendations. The big user of water is the folks who
maintain the City's parks, recreation facilities and buildings on City
property. Diamond Bar has 101 water meters of which 95 are potable
water and six are reclaimed water. The City spends a little over $500,000
per year in water. There are many large parks with many ball fields which
require large amounts of water to maintain their systems. In 2011 the City
installed a centralized irrigation controller system for which the City paid a
considerable sum and received a grant from MWD as well as, the WVWD
which provided for a centralized system with sensors to detect abnormal
water flow with electronic notification to staff. While the system proved to
save the City water, ultimately, the -cost of water increased so as of today
Diamond Bar is not necessarily "saving" any money as the price of water
has increased over time. In order for the City to reach the 20 percent goal
the easiest action is to reduce the overall water use by one day per week.
However, that may not be the best solution since there are parks at
different elevations in the City with different landscape themes, soil
conditions, etc. which may require more water in one part of the City
versus another part of the City. Staff is looking at limiting or turning off
water features at the park facilities, one of which is a stream bed at
Diamond Bar Center and the other the water fountain feature at the library,
both of which are on re -circulating systems. Staff actively undertakes
repairs of broken water lines, sprinkler heads, etc. as identified by staff
and residents. Recently, one such incident was repaired within a couple
of hours from being reported by a resident. Staff will be monitoring the
stress level at the public parks to make sure that the millions of dollars
worth of landscaping is not destroyed while water usage is refocused from
the park turf to the ball field turf. Although there is not a great deal of
water used for washing City vehicles staff is looking at limiting the number
of times per month that activity occurs. Staff will continue to look at any
and all tools and techniques available for consideration.
The City has an active Code Enforcement operation with Neighborhood
Improvement Officers. Due to the drought, the Neighborhood
Improvement Officers are no longer citing properties or encouraging
watering for golden or browning landscaping and staff is focusing on
properties that may have extra high weeds in the yard. The City has
guidelines for the use of artificial turf to assist residents. New projects
AUGUST 5, 2014 PAGE 6 CITY COUNCIL
throughout the City have, for many years, been encouraged to use
drought -tolerant landscape materials and many of the newer City parks
include such features. The Lennar Willow Heights Site D project at Brea
Canyon Road incorporates those features in its park design. The most
recently completed Washington Street Park at Washington and Lincoln
incorporated a variety of plant palates that required insignificant use of
water. With the extreme drought emergency in effect the City and water
district are working together to implement significant water -saving efforts.
The City's Public Information Division continues to proactively provide
water conservation information to Diamond Bar residents and business
owners and users through various sources which include DBTV, the City's
website, print publications such as The City Connection (a September
issue article on water conservation) and the water conservation outreach
materials provided at all City events including Concerts in the Park,
Movies Under the Stars, public service announcements, at City Hall and
the Diamond Bar Library, and on the marquee sign at the old library
location on Grand Avenue.
2.5 CM/DeStefano stated that he was very pleased to report that the City's
efforts toward the SR57160 Confluence Project have paid off and the
project has been listed by the Federal Highway Administration as a project
of national and regional significance. This achievement is very significant
because if a city is not on the list it is not eligible for future funding that
may become available when Congress approves the next Highway and
State Freight Plan/Bill. On Thursday of last week Congress kicked that
ball down the road for a few months and will not take the matter up again
until around May of 2015. When there is a new highway bill Diamond Bar
will be on the list with a project of national and regional significance and
will be eligible for funding opportunities that come forward as a result.
The 57/60 Confluence project is a multi -phased improvement effort to fix
the SR57/60, particularly the two-mile stretch that runs through the City of
Diamond Bar. The shape of the valley in that area forced designers to
merge two freeway systems together and in order to move from one
freeway to another or to continue moving north or south, east or west, one
literally must cross over another freeway by moving over a series of lanes
which has resulted in some 600 accidents per year. Route 60 comes
directly to and from the ports and to the inland ports in San Bernardino
County and elsewhere. Diamond Bar handles about 30,000 trucks per
day. By receiving the resources of about $256 million to improve the
freeway it will eliminate the weaving, accidents, congestion and other
issues, that will allow freight to move through the area faster and cheaper
while reducing the air pollution and accident rates. Altogether, the project
is expected to generate a lot of construction jobs, reduce congestion and
improve goods movement and vehicular flow. He acknowledged the
contribution of time and effort with partners including the City of Industry,
AUGUST 5, 2014 PAGE 7 CITY COUNCIL
Metropolitan Transit and especially Caltrans District 7 without whose
Support, as well as, the support of the State of California Department of
Transportation, the project would not have been eligible to be listed in the
Federal Highway Administration lists of relevant projects moving forward.
This has been a long slow process that may take a few more years to
come to fruition but the City is now in a very good position to move
forward.
MPT/Tye asked CM/DeStefano to comment on water conservation efforts
in the City's medians.
CM/DeStefano responded that many but not all of the medians are under
reclaimed water usage which is based on availability of recycled water
typically found at the lower elevations of the City. If the City were to turn
off the water to the medians staff would have to carefully consider where it
could be saving potable water and since the medians do not have
separate meters for trees, ground cover, shrubs, etc. staff would have to
look very carefully at what impacts might be created. There is a lot of turf
on the medians. Again, the easy answer is to turn off the water but staff
needs to look at the ramifications of doing so.
MPT/Tye asked who monitors the sprinklers that run at night and who
should residents contact if they witness a problem such as water running
down the street.
PMS/Jordan responded to MPT/Tye that maintenance and observations of
the City's irrigation systems are not monitored at night because personnel
are not available to do so. However, the City has an irrigation technician
from Excel Landscape who does periodic system checks throughout the
City by running the system for one or two minutes at a time by remote
control and follows the irrigation down the street to observe spray,
mainline breaks, etc. so that he can make the appropriate adjustments. It
takes about a week or two to inspect the entire system and upon locating
discrepancies the technician immediately deals with the problem.
M/Herrera said it was great news that the 57/60 project has made it on the
national list and it validates all of the work and effort Diamond Bar officials
have made traveling to Washington, D.C. as well as it conveys the
message that the 57/60 affects the entire nation since goods are moving
from coast to coast through that difficult area. She is very pleased and
while funding is not yet available, to get on the list is a major achievement.
The City of Diamond Bar staff is to be congratulated for its magnificent
effort over the years.
CM/DeStefano said this is a major artery through southern California.
There is about $375 billion worth of goods that come through the Los
Angeles/Long Beach ports and at least 10 percent of those goods come
AUGUST 5, 2014 PAGE 8
CITY COUNCIL
through this intersection each year. There are about 360-370,000 trips
per day through this intersection and that speaks to the significance of this
project because the goods that come through those ports travel east from
the west coast. Monies flowing to this project and getting the
improvements is of national benefit.
3. PUBLIC COMMENTS: None Offered.
El
91
SCHEDULE OF FUTURE EVENTS:
5.1 National Night Out/Concerts in the Park — August 6, 2014 — 6:30 p.m. to
about 8:30 p.m., Cold Duck (70's Top 40) — Sycamore Canyon Park,
22930 Golden Springs Drive.
5.2 Movies Under the Stars — August 6, 2014 — Immediately following
Concerts in the Park — The Lego Movie — Sycamore Canyon Park, 22930
Golden Springs Drive.
5.3 Planning Commission Meeting — August 12, 2014 — 7:00 p.m., Windmill
Community Room, 21810 Copley Drive.
5.4 Concerts in the Park — August 13, 2014 — 6:30 p.m. to about 8:30 p.m.,
Little Lies Band (Fleetwood Mac Tribute) - Sycamore Canyon Park, 22930
Golden Springs Drive. (Last Concert of the 2014 summer series).
5.5 Movies Under the Stars — August 13, 2014 — Immediately following
Concerts in the Park — Despicable Me 2 Sycamore Canyon Park, 22930
Golden Springs Drive. (Last Movie of the 2014 summer series).
5.6 Traffic and Transportation Commission Meeting — August 14, 2014 — 7:00
p.m., Windmill Community Room, 21810 Copley Drive.
5.7 City Council Meeting — August 19, 2014 — 6:30 p.m.,
SCAQMD/Government Center Auditorium, 21865 Copley Drive.
CONSENT CALENDAR: C/Lyons moved, C/Tanaka 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 July 15, 2014.
6.1.2 Regular Meeting of July 15, 2014.
AUGUST 5, 2014 PAGE 9 CITY COUNCIL
6.2 RECEIVED AND FILED PARKS AND RECREATION COMMISSION
MINUTES — Regular Meeting of May 22, 2014.
6.3 RATIFIED CHECK REGISTER — Dated July 10, 2014 through July 30,
2014 totaling $1,899,509.52.
6.4 APPROVED TREASURER'S STATEMENT — Month of June 2014.
6.5 APPROVED ADJOURNING THE AUGUST 19, 2014 CITY COUNCIL
MEETING TO SEPTEMBER 16, 2014.
6.6 APPROVED CONTRACT AMENDMENT WITH THE TAIT GROUP (TTG)
IN THE NOT -TO -EXCEED AMOUNT OF $37,200 FOR PROFESSIONAL
CONSULTING/ADVOCACY SERVICES RELATED TO THE STATE
ROUTE 57/60 FREEWAY CONGESTION RELIEF STRATEGY AND
STATE/FEDERAL FREIGHT PLANS.
6.7 (a) ADOPTED RESOLUTION NO. 2014-33: GRANTING CONSENT
AND JURISDICTION TO THE COUNTY OF LOS ANGELES IN THE
MATTER OF COUNTY LIGHTING MAINTENANCE DISTRICT 10006
AND COUNTY LIGHTING DISTRICT LANDSCAPE AND LIGHTING ACT -
1 (LLA -1), DIAMOND BAR ZONE, CITY OF DIAMOND BAR, (TRACT
72295 AKA WILLOW HEIGHTS RESIDENTIAL DEVELOPMENT).
(b) ADOPTED RESOLUTION NO. 2014-34: JOINT RESOLUTION OF
THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES,
THE BOARD OF TRUSTEES OF THE GREATER LOS ANGELES
COUNTY VECTOR CONTROL DISTRICT, THE BOARD OF DIRECTORS
OF THE COUNTY SANITATION DISTRICT NO. 21 OF LOS ANGELES
COUNTY, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, THE
BOARD OF DIRECTORS OF THE THREE VALLEYS MUNICIPAL
WATER DISTRICT -ORIGINAL AREA, THE BOARD OF DIRECTORS OF
THE WALNUT VALLEY WATER DISTRICT, THE BOARD OF
DIRECTORS OF THE WALNUT VALLEY WATER IMPROVEMENT
DISTRICT NO. 3, AND THE BOARD OF DIRECTORS OF THE WALNUT
VALLEY WATER IMPROVEMENT DISTRICT NO. 4 APPROVING AND
ACCEPTING THE NEGOTIATED EXCHANGE OF PROPERTY TAX
REVENUES RESULTING FROM ANNEXATION OF TRACT 72295 AT
THE CORNER OF DIAMOND BAR BOULEVARD AND BREA CANYON
ROAD TO COUNTY LIGHTING MAINTENANCE DISTRICT 10006.
6.8 APPROVED CONTRACT WITH ARCHITERRA DESIGN GROUP FOR
THE COMPLETION OF THE DESIGN OF CONSTRUCTION
DOCUMENTS FOR THE ADA RETROFIT OF LONGVIEW PARK SOUTH
AND STARDUST PARK IN AN AMOUNT NOT -TO -EXCEED $10,000.
AUGUST 5, 2014 PAGE 10 CITY COUNCIL
6.9 AWARDED PROFESSIONAL ENGINEERING SERVICES CONTRACT
TO TAIT AND ASSOCIATES, INC. FOR A COMPREHENSIVE
GROUNDWATER DRAINAGE STUDY AT COLD SPRINGS DRIVE,
AMBUSHERS STREET, CLEGHORN DRIVE, FLAPJACK DRIVE, BREA
CANYON ROAD, MOONLAKE STREET, CALPET DRIVE, RANCHERIA
ROAD AND COPLEY DRIVE IN THE AMOUNT OF $60,475; PLUS A
CONTINGENCY AMOUNT OF $10,000 FOR A TOTAL AUTHORIZATION
OF $70,475.
7. PUBLIC HEARING:
7.1 ADOPT RESOLUTION NO. 2014-35: FINDING THE CITY OF DIAMOND
BAR IN CONFORMANCE WITH THE 2014 LOS ANGELES COUNTY
CONGESTION MANAGEMENT PROGRAM (CMP) AND ADOPTING THE
CMP LOCAL DEVELOPMENT REPORT, IN ACCORDANCE WITH
CALIFORNIA GOVERNMENT SECTION 65089.
CM/DeStefano stated that this is the annual public hearing necessitated
by the County of Los Angeles for the City to identify its compliance with
the Congestion Management Program (CMP).
CDD/Gubman reported that all counties in the state are required to have a
Congestion Management Program in place. CMP's are mandated under
the provisions of the Traffic Congestion Relief and Spending Limitation Act
of 1990. Metro is the agency responsible for preparing the CMP for Los
Angeles County. As the City does every year at this time, Community
Development and Public Works staff has prepared a CMP Compliance
Report and is asking the City Council to adopt a resolution finding
Diamond Bar to be in compliance with the Los Angeles County
Congestion Management Plan. Diamond Bar, along with all other local
agencies, is required to meet the program requirements in the CMP in
order to receive state gas tax funds and to maintain eligibility for other
transportation funding. Diamond Bar has thus far received over $1.7
million in gas tax for the prior (2013-14) fiscal year. The CMP mandates
self -certification at the local level through the adoption of a resolution
demonstrating the City's compliance with the 2013 CMP and submittal of a
local development report to Metro. A public hearing is required prior to
adopting this resolution.
As described in staff's report, resolution and Local Development Report,
Diamond Bar remains in compliance with the CMP for Los Angeles
County. Staff therefore recommends that the City Council adopt the
resolution upon the close of the public hearing. He thanked the City
Council for the opportunity to present this report on behalf of himself and
PWD/Liu.
M/Herrera opened the Public Hearing at 7:31 p.m.
AUGUST 5, 2014 PAGE 11 CITY COUNCIL
With no one present who wished to speak on this matter, M/Herrera
closed the Public Hearing at 7:32 p.m.
MPT/Tye moved, C/Chang seconded, to adopt Resolution No. 2014-35:
Finding the City of Diamond Bar in conformance with the 2014 Los
Angeles County Congestion Management Program (CMP) and adopting
the CMP Local Development Report, in accordance with California
Government Section 65089. Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
8. COUNCIL CONSIDERATION: None
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 three weeks he has attended Concerts in the
Park and enjoyed Movies Under the Stars following the concerts. A few weeks
ago he attended the Walnut/Diamond Bar Sheriff's Station's Family Picnic.
Monday was the Los Angeles County Fair Diamond Bar Day Committee meeting
and the Diamond Bar Hero's for this year were announced: Youth Hero, Andy
Shin; Adult Hero Serena Avila -Mott and Senior Citizen Hero, Eileen Ansari.
Diamond Bar Day at the Fair will be held on Thursday, September 11. There are
five dollar ($5.00) coupons available for the day that can be downloaded from the
website as well as purchased at local businesses. Last Saturday he attended the
Diamond Bar Performing Arts Challenge Third Annual Winners during which
grade school through high school students performed and the winners were
presented with Certificates of Recognition from the City. Forty-two students
performed.
C/Chang said that as usual, residents can follow her on Facebook, Twitter and
Instagram. She welcomed Alfa Lopez, new Management Analyst and welcomed
Deputy Nick Thorn to the Diamond Bar family. Today she met with various
business owners on Palomino who have been having security issues. She was
told that within a two week period there have been a lot of burglaries/robberies
and asked if the Sheriff's Department could concentrate their efforts in that area.
In fact, Xavier Florists is looking for a new location because of the increase in
crime in the area. She is very excited about the 57/60 project being listed as a
project of national significance. Since she was first elected to Council everyone
has been working very hard to make this happen and getting on that list is very,
very difficult, especially because of its location. It is a huge accomplishment.
She thanked staff, the cities involved and congressional representatives who
made this happen.
AUGUST 5, 2014 PAGE 12 CITY COUNCIL
C/Lyons said she too felt that it was wonderful that the 57/60 project was moving
forward by being placed on the very important list of nationally significant
projects. It is excellent news for the City and everyone who travels through it. A
couple of weeks ago she participated in the Summer Water Workshop hosted by
the Three Valleys Municipal Water District. It was very interesting to learn about
how water is cleaned and filtered, where it comes from and the cost of water and
the legislation that might be on the ballot. She encouraged everyone to
participate in Diamond Bar Day at the Fair and use the $5 ticket because that
money goes to the Big Yellow Bus Program which transports school children to
the fair. It's a win, win program. There are flyers at City Hall and there will most
likely be a link on the City's website that allows people to obtain their tickets and
support the Big Yellow Bus Program. She wished a Happy Birthday to longtime
resident Dot Horcher who is turning 90 on Sunday.
MPT/Tye said it is a major accomplishment for the 57/60 Confluence Project to
be listed. The leadership M/Herrera has shown over the past 20 years, staying
after this project and getting it done when people said it couldn't be done and oh,
that won't happen and it takes too long. This accomplishment is proof that one
has to start somewhere. A lot of years, a lot of trips, and a lot of effort went
toward this project. He thanked former Congressman Gary Miller and current
Congressman Ed Royce for seeing it through and not letting anything happen in
the transition from one congressman to another because of redistricting. Finally,
the proof is in the pudding. Getting this project listed is outstanding. He
welcomed Alfa Lopez, the winner of a very, very competitive process. It is
encouraging to see that more than 200 people want to work in Diamond Bar and
everyone is happy she is part of the team. She will learn that it is a great team to
be a part of. He asked everyone to take note of the The Diamond Bar
Connection, a terrific tool the City puts out on a regular basis. There is pertinent
information included and programs that people can be involved in. The Diamond
Bar Day at the Fair is noted; the West Nile Virus reminder is included, a real
problem in this area. If anyone has concerns, please call the Vector Control
District at 562-944-9656. Equally important is the disclosure of the paint
recycling program that residents can take advantage of. Waste Management
does not want any part of paint left at the curb. The facility for the paint recycling
program is located in the City of Industry.
M/Herrera welcomed Alfa Lopez and Deputy Nick Thorn. It is important to
conserve water. Diamond Bar will be okay for the next few months but if the
severe drought continues things will change and it is in everyone's best interest
to be as conservative as possible and make every effort to avoid further
restrictions.
AUGUST 5, 2014 PAGE 13 CITY COUNCIL
ADJOURNMENT: With no further business to conduct, M/Herrera adjourned
the Regular City Council Meeting at 7:40 p.m. in memory of Marcia Mings, a 48 year
resident.
TOMMYE CRIBBINS, CITY CLERK
The foregoing minutes are hereby approved this day of 2014.
CAROL HERRERA, MAYOR
Agenda # 6.2
Meeting Date: August 19, 2014
CITY COUNCIL Pr 220R,, AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
FROM: James DeStefano, City Man ge
TITLE: Ratification of Check Register date4uly 31, 2014 through August 13,
2014 totaling $ 863,770.76
RECOMMENDATION:
Ratify.
FINANCIAL IMPACT:
Expenditure of $ 863,770.76 in City funds.
BACKGROUND:
The City has established the policy of issuing accounts payable checks on a weekly basis
with City Council ratification at the next scheduled City Council meeting.
DISCUSSION:
The attached check register containing checks dated July 31, 2014 through August 13,
2014 for $ 863,770.76 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
REVIEWED BY:
Finance Director
Attachments: Affidavit and Check Register — 07/31/14 through 08/13/14.
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 July 31, 2014 through August 13, 2014 has been audited and is
certified as accurate. Payments have been allowed from the following funds in these
amounts:
Description
Amount
General Fund
$657,080.38
Com Org Support Fund
$200.00
Prop A - Transit Fund
$106,836.14
Prop C - Transit Tax Fund
$5,356.96
Intergrated Waste Management Fund
$25,300.82
AB2766 - Air Quality Management Fund
$7,500.00
Com Dev Block Grant Fund
$14,702.00
CA Law Enf Equipment Fund
$75.00
LLAD 38 Fund
$12,396.94
LLAD 39 Fund
$11,610.95
LLAD 41 Fund
$4,550.90
Capital Imp Projects Fund
$1,216.08
Computer Eq Repl Fund
$16,944.59
$863,770.76
Signed:
Dianna Honeywell
Finance Director
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CITY COUNCIL
Agenda # 6.3
Meeting Date: 8/19/14
AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
FROM: James DeStefano, City Ma
TITLE: APPROVAL OF CONTRACT WIT E S IMAGING, INC. IN THE AMOUNT OF
$87,000 PLUS A CONTINGENC 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 THE APPROPRIATION OF $100,000 FROM GENERAL FUND
RESERVES
RECOMMENDATION:
Approve contract and appropriate funds.
FISCAL IMPACT:
Staff recommends that the City Council appropriate a total of $100,000 from the General Fund
reserves to the City Manager/Clerk Division Professional Services account (001-4030-44000).
The appropriation will be used to purchase the Laserfiche software and associated professional
services from ECS Imaging, Inc. (ECS) at a contract cost of $87,000 plus a $5,000 contingency
for a total amount of $92,000. This amount includes software, annual maintenance for the first
year, licensing, professional services (including installation, data conversion, and user training
and consulting) and a Laserfiche system "trade-in" discount.
The additional $8,000 is recommended to be used for other professional services necessary to
properly integrate Laserfiche with the City's existing Community Development management
software (CityView), allowing for archival of the department's documents (permits, code
enforcement cases, plans, etc.).
This appropriation augments the approved "Document Scanning System" FY 2014-15 budget
line item amounting to $95,000. The previously approved funding is intended to be used for high
volume off-site scanning/imaging services of large project plans and maps once the new
Laserfiche system is in place.
BACKGROUND:
Since the late 1990s, the City has maintained an electronic document management system
using the Fortis software platform by Westbrook Technologies Inc. Such systems are designed
to store the agency's most important documents in digital form, including agendas, contracts,
and project files, among others.
For more than fifteen years, Fortis has served the City's electronic document management
needs. However, given the rapidly changing world of software technology and the emergence of
new industry leaders, the Fortis application no longer provides the efficiency, software
updates/user support, and overall effectiveness required. These limitations impact the City's
ability to properly scan, store, index and maintain electronic files in a manner that renders them
easily accessible and safely stored per the City's Records Retention Schedule. Furthermore, it
has never been able to fully integrate with CityView, leading to additional performance and
efficiency issues.
To ensure the City's vital records are properly maintained, staff recommends the replacement of
Fortis with a modern electronic document management system. Staff research has found the
Laserfiche software suite with associate maintenance and support by ECS to be the most
appropriate solution. Implemented by dozens of area municipal agencies (including neighbors in
Walnut, Brea, San Dimas and Placentia), Laserfiche is a complete system that offers secure
document imaging, storage and retrieval with a user-friendly intuitive interface. ECS is a locally -
based professional services provider that specializes in the Laserfiche platform, serving as a
licensed reseller that provides necessary data conversion, training and system consulting
services.
Transferring from Fortis to the Laserfiche system will allow the City to:
• Convert and transfer existing documents from Fortis to Laserfiche
• Develop a standardized indexing system for all document types that improves records
management and enhances search capabilities for years to come
• Increase electronic document imaging across City departments
• Enhance customer service and workflow, public records request response times, and
transparency
• Reduce manual document searches and associated staff and storage costs
• Provide end-users with complete and effective training to ensure the system is used to
its full potential across the organization
• Increase integration with CityView
• Begin the process of imaging the City's archive of project files, maps and plans
Staff strongly believes that upon implementation, the Laserfiche system will result in major
improvements to the City's records management capabilities that stretch for many years to
come. Therefore, it is recommended that the City Council appropriate the funds and approve the
professional services agreement with ECS Imaging, Inc.
Manager
Attachments: Professional Services Agreement with ECS Imaging, Inc.
CONSULTING SERVICES AGREEMENT
THIS AGREEMENT is made as of August 19, 2014 by and between the City of
Diamond Bar, a municipal corporation ("City") and ECS Imaging, Inc., ("Consultant").
RECITALS
A. City desires to utilize the services of Consultant as an independent contractor
to provide consulting services to City.
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 "A", the Statement of Work.
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 "A", the
Statement of Work.
2. Term of Agreement. This Contract shall take effect August 19, 2014, and
shall continue until June 30, 2015 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 Eighty Seven Thousand Dollars ($87,000.00).
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: James DeStefano, City Manager Consultant: ECS Imaging, Inc.
City of Diamond Bar 5905 Brockton Ave., Suite C
21825 Copley Drive Riverside, CA 92506
Diamond Bar, CA 91765-4178
6. Status as Independent Contractor.
A. Consultant is, and shall at all times remain as to City, a wholly
independent contractor. Consultant shall have no power to incur any debt, obligation, or
liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor
any of its agents shall have control over the conduct of Consultant or any of
Consultant's employees, except as set forth in this Agreement. Consultant shall not, at
any time, or in any manner, represent that it or any of its agents or employees are in
any manner agents or employees of City.
B. Consultant agrees to pay all required taxes on amounts paid to
Consultant under this Agreement, and to indemnify and hold City harmless from any
and all taxes, assessments, penalties, and interest asserted against City by reason of
the independent contractor relationship created by this Agreement. In the event that
City is audited by any Federal or State agency regarding the independent contractor
status of Consultant and the audit in any way fails to sustain the validity of a wholly
independent contractor relationship between City and Consultant, then Consultant
agrees to reimburse City for all costs, including accounting and attorney's fees, arising
out of such audit and any appeals relating thereto.
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.
D. Consultant shall, at Consultant's sole cost and expense fully secure
and comply with all federal, state and local governmental permit or licensing
requirements, including but not limited to the City of Diamond Bar, South Coast Air
Quality Management District, and California Air Resources Board. Consultant further
agrees to indemnify and hold City harmless from any failure of Consultant to comply
with the requirements in Section 6. Additionally, the City shall have the right to offset
against the amount of any fees due to Consultant under this Agreement for any amount
or penalty levied against the City for Consultant's failure to comply with 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 attorney's fees, expert fees and all other costs and fees of
litigation) of every nature arising out of or in connection with Consultant's performance
of work hereunder or its failure to comply with any of its obligations contained in this
Agreement, regardless of City's passive negligence, but excepting such loss or damage
which is caused by the sole active negligence or willful misconduct of the City. Should
City in its sole discretion find Consultant's legal counsel unacceptable, then Consultant
shall reimburse the City its costs of defense, including without limitation reasonable
attorney's 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) covered by this indemnity obligation. 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 authorized
to do business in the State of 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; and (4)
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
authorized 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 than 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 than 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.
D. 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.
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. Consultant may, however,
make and retain such copies of said documents and materials as Consultant may
desire.
12. Conflict of Interest.
A. Consultant covenants that it presently has no interest and shall not
acquire any interest, direct or indirect, which may be affected by the services to be
performed by Consultant under this Agreement, or which would conflict in any manner
with the performance of its services hereunder. Consultant further covenants that, in
performance of this Agreement, no person having any such interest shall be employed
by it. Furthermore, Consultant shall avoid the appearance of having any interest which
would conflict in any manner with the performance of its services pursuant to this
Agreement.
B. Consultant covenants not to give or receive any compensation,
monetary or otherwise, to or from the ultimate vendor(s) of hardware or software to City
as a result of the performance of this Agreement. Consultant's covenant under this
section shall survive the termination of this Agreement.
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.
B. Consultant will, in all solicitations or advertisements for employees
placed by or on behalf of Consultant state either that it is an equal opportunity employer
or that all qualified applicants will receive consideration for employment without regard
to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical
or mental handicap, medical condition, or sexual orientation.
C. Consultant will cause the foregoing provisions to be inserted in all
subcontracts for any work covered by this Agreement except contracts or subcontracts
for standard commercial supplies or raw materials.
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. Compliance with Laws. Consultant shall comply with all applicable laws,
ordinances, codes and regulations of the federal, state, and local governments.
18. 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.
19. 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.
20. Mediation. Any dispute or controversy arising under this Agreement, or in
connection with any of the terms and conditions hereof, shall be referred by the parties
hereto for mediation. A third party, neutral mediation service shall be selected, as
agreed upon by the parties and the costs and expenses thereof shall be borne equally
by the parties hereto. In the event the parties are unable to mutually agree upon the
mediator to be selected hereunder, the City Council shall select such a neutral, third
party mediation service and the City Council's decision shall be final. The parties agree
to utilize their good faith efforts to resolve any such dispute or controversy so submitted
to mediation. It is specifically understood and agreed by the parties hereto that referral
of any such dispute or controversy, and mutual good faith efforts to resolve the same
thereby, shall be conditions precedent to the institution of any action or proceeding,
whether at law or in equity with respect to any such dispute or controversy.
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, represent the entire and integrated
agreement between Consultant and City. This Agreement supersedes all prior oral or
written negotiations, representations or agreements. This Agreement may not be
amended, nor any provision or breach hereof waived, except in a writing signed by the
parties which expressly refers to this Agreement. Amendments on behalf of the City will
only be valid if signed by 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:
M
Tommye Cribbins, City Clerk
Approved as to form:
an
David DeBerry, City Attorney
"CONSULTANT"
0
Its:
CITY OF DIAMOND BAR
in
Carol Herrera, Mayor
Statement of Work
Project Name:
City of Diamond Bar Laserfiche Installation & Conversion Project
Customer:
City of Diamond Bar
Service Provider:
ECS Imaging, Inc.
SOW Effective
Date:
August 19, 2014
City Contact
Person(s)
Ken Desforges, IS Director & Ryan McLean, Deputy City Manager
Service Provider
Rep.
Andrew Albers, Account Manager
Background Information
The City of Diamond Bar (City) currently uses a software application called Fortis as an enterprise
content management system. Fortis no longer meets the City's needs due to a number of issues,
including overall effectiveness, limited software updates and user support, and search capabilities,
among others. The City plans to discontinue use of Fortis and transition into the Laserfiche document
management system. The transition will include installation of the Laserfiche Avante software,
conversion and transfer of existing data from Fortis to Laserfiche, and training and consulting service
necessary to ensure the project's success. This Statement of Work (SOW) provides background
information on the project and establishes responsibilities of all parties involved.
Project Scope
ECS Imaging, Inc. (ECS) shall be responsible for furnishing and installing the following software and
providing the following professional services to the City:
1. Software
a. Laserfiche Avante Server for MS SQL with Workflow
b. Laserfiche Named Full User with Snapshot and Email — 10 Users
c. Laserfiche Starter Audit Trail — 10 Users
d. Laserfiche Weblink Starter Portal (10 retrieval user licenses)
2. Annual Maintenance/Licensing
a. Laserfiche Avante Server for MS SQL with Workflow LSAP
b. Laserfiche Named Full User with Snapshot and Email LSAP
c. Laserfiche Starter Audit Trail LSAP
d. Laserfiche Weblink Starter Portal (10 retrieval user licenses) LSAP
3. Professional Services
a. ECS Laserfiche Install, Configuration and Consulting
b. ECS Laserfiche Initial Onsite Training
c. ECS Laserfiche Ongoing Onsite Consulting/Additional Training at Direction of City
d. ECS Data Conversion Services
Develop a tool that migrates all existing documents and records from Fortis to
Laserfiche by satisfying the following:
c Exports all documents from Fortis and imports to Laserfiche
o Exports all documents from Fortis containing the index information of the
documents
o Tracks the export status of documents with a log report to allow for error
corrections and reprocessing as needed
• Identify primary project requirements
• Project planning and management
• Consultation and developing of index mapping from Fortis to Laserfiche
• Testing and validation
• Up to three (3) rounds of programming modification (change requests) with
100MB of sample data
• Items out of scope of ECS Data Conversion Services include:
o Deleting documents from Fortis after conversion to Laserfiche
o Processing more than twenty (20) document types (index templates)
o Resolving any issues related to issues or bugs directly with the Fortis API
o Costs associated with troubleshooting issues related to the Fortis API
o Resolving any issues not related to Laserfiche, including but not limited to
Windows permissions, network permissions, network hardware, server or
client hardware, or any 3rd party infrastructure, hardware, or software
o *Any items out of scope will be considered as separate labor from the
services agreed upon for this project and may require additional approval
and review before proceeding. The project's primary requirements take
precedence over any additional items requested that are out of scope to
maintain the project timeline and ensure deliverable expectations are met.
• Technical Requirements:
o A test server at City of Diamond Bar is required for ECS development
o Unattended remote access via VPN to the test server is required for ECS
development
o Visual Studio must be installed on any test server for testing and
debugging
o Conversion solution will be deployed to staging (test environment) and
sample data will be provided to City employees to approve or modify the
formatting and location of the converted data
o City of Diamond Bar shall review and confirm the solution is valid. Written
approval by the City is required prior to conversion of the full data set
o Conversion of full data set requires that the legacy system (Fortis) be set
to read only with no new data added to Fortis during the conversion
o Once City of Diamond Bar can confirm accuracy of converted data, the
City will provide written acceptance of conversion project completion
• ECS Data Conversion Services Schedule:
The project is assumed to begin on 9/1/2014 and be completed by 11/20/2014.
This schedule assumes there are no major changes or challenges to the
following:
o Existing project primary requirements
o Availability of test system resources
o Availability of remote access
o Delays due to City of Diamond Bar testing
• Location of Work:
Primary conversion work will be completed remotely at ECS office in Riverside,
CA with secondary conversion work completed onsite at City of Diamond Bar as
needed. All consulting and training will be conducted onsite at City of Diamond
Bar.
Project Schedule
The City of Diamond Bar and ECS will jointly manage the project and will together develop timelines
for an anticipated project schedule. Any schedules or timelines contained in this SOW are estimates
only.
Pricing
Per ECS Quote Number 64635, pricing is as follows:
Software:
SKU
Description
Unit Price
Quantity
Line Total
MSE30
Laserfiche Avante Server
$5,000.00
1
$5,000.00
MNF05
Laserfiche Named Full
$500.00
10
$5,000.00
MNF05B
User w/Snapshot & Email
$100.00
10
$1,000.00
MATS
Laserfiche Starter Audit
$50.00
10
$500.00
Trail
$63,000.00
MPP1
Laserfiche Weblink Starter
$15,000.00
1
$15,000.00
Portal (10 retrieval user
MPP1B
licenses)
$3,000.00
1
$3,000.00
Subtotal
$25,500.00
Annual Maintenance:
SKU
Description
Unit Price
Quantity
Line Total
MSE30B
Laserfiche Avante Server
$1,000.00
1
$1,000.00
ECST
LSAP
$1,500.00
4
$6,000.00
MNF05B
Laserfiche Named Full
$100.00
10
$1,000.00
ECSCI
User w/Snapshot & Email
$1,500.00
20
$30,000.00
LSAP
$63,000.00
MATSB
Laserfiche Starter Audit
$10.00
10
$100.00
Trail LSAP
MPP1B
Laserfiche Weblink Starter
$3,000.00
1
$3,000.00
Portal (10 retrieval user
licenses) LSAP
Subtotal
$5,100.00
Professional Services:
SKU
Description
Unit Price
Quantity
Line Total
ECSCI
ECS Laserfiche Install,
Configuration & Consulting
$1,500.00
3
$4,500.00
ECST
ECS Laserfiche Training
$1,500.00
4
$6,000.00
ECSC
ECS Data Conversion
Services
$1,500.00
15
$22,500.00
ECSCI
ECS Laserfiche Consulting
$1,500.00
20
$30,000.00
Subtotal
$63,000.00
Total Project Subtotal: $93,000.00
Laserfiche Discount: ($6,600.00)
Tax (0%): ($0)
Total Project Cost: $87,000.00
Payment Terms
Except as otherwise agreed by the parties, the City will pay invoices containing amounts authorized
by this SOW within thirty (30) days of receipt.
Change Orders
The SOW may be modified or amended only in a written Change Order fully executed by both the
City and ECS.
Contact Person
The City and ECS will appoint an agent to act as the Contact Person for all communication between
the parties. Either party may change its Contact Person upon written notice to the other. The initial
contact person for the City will be:
Ryan McLean, Deputy City Manager
909-839-7016
RMcLean@diamondbarca.gov
The initial contact person for ECS will be:
Andrew Albers, Account Manager
951-787-8768
and reweecsimaginq com
CITY COUNCIL
Agenda 4 6.4
Meeting Date: August 19, 2014
AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
VIA: James DeStefano, City Mana
TITLE: APPROVE CONTRACT AMEND ENT FOR EXISTING ON-CALL CIVIL
ENGINEERING SERVICES WITH NWARD ENGINEERING TO
PERFORM A COMPREHENSIVE PARKWAY DRAINAGE CURB
ANALYSIS IN THE AMOUNT OF $22,680 WITH A CONTINGENCY
AUTHORIZATION OF $4,000.
RECOMMENDATION:
Approve.
FINANCIAL IMPACT:
The City Council appropriated funds from the General Fund Reserves in the amount of
$156,613 at the January 21, 2014 Council meeting to remove all parkway curbs
throughout the City. These funds were carried over to the Public Works Maintenance
Budget for FY14-15. To perform the comprehensive curb analysis, $26,680 will be
allocated from the $156,613 leaving a remaining budget of $129,933 to be used for
construction, if deemed necessary.
BACKGROUND/DISCUSSION:
Prior to City incorporation in 1989, under the authority of Los Angeles County, hillside
housing tracts were constructed with parkway curbs intended to convey surface
drainage away from parkways and into the street curb and gutter.
On January 21, 2014, the City Council authorized staff to remove approximately 500
parkway curbs in the City. Once notices were sent to residents informing them of the
upcoming removals, a number of residents responded supporting the need for the
hillside protectors (parkway curbs) during heavy storm events. With this feedback, City
staff consulted with our Joint Powers Insurance Authority (JPIA) for guidance in
deciding a course of action. JPIA's response was to cross -analyze the as -built
plans/approved plans with field conditions for conformance. It was further recommended
that the City follow up with an engineering analysis to explore the feasibility of parkway
curbs at each location.
Onward Engineering will prepare an engineering report analyzing the current drainage
area to further evaluate each diverter's effectiveness and conformance to the LA County
design standard. The scope of work will also include management and oversight should
construction be necessary. The report is anticipated to be completed by the end of
October with any necessary construction starting shortly thereafter.
PREPARED BY:
Sterling Mosley, Assistant Engineer
David G. Liu, Director of Public Works
Date Prepared: August 14, 2014
Attachment: Contract Amendment No. 2 to Onward Engineering
Onward Engineering Parkway Proposal
2
AMENDMENT NO. 2
TO THE CONSULTING SERVICES AGREEMENT
This Amendment No. 2 is made and entered into this 1gth day of August 2014,
between the CITY OF DIAMOND BAR, a Municipal Corporation (hereinafter referred to
as "CITY") and Onward Engineering (hereinafter referred to as "CONSULTANT").
A. RECITALS:
(1) The CITY has heretofore entered into an Agreement, with
CONSULTANT to provide as needed On -Call Civil Engineering Services, which the
Agreement was dated October 18, 2011.
(ii.) In response to the City's request for services, the CONSULTANT
submitted a proposal to provide Professional Engineering Services as described in
Exhibit "A", dated July 30, 2014.
NOW, THEREFORE, it is agreed by and between CITY and CONSULTANT:
Section 1: Section 3 of the Agreement is hereby amended to read as
follows:
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 "A". Payment will be made only after submission of proper invoices in
the form specified by City.
Section 2: Each party to this Amendment No. 2 acknowledges that no
representation by any party which is not embodied herein nor any other agreement,
statement, or promise not contained in this Amendment No. 2 shall be valid and
binding. Any modification of this Amendment No. 2 shall be effective only if it is in
writing signed by the parties.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 2 as
of the day and year first set forth above:
APPROVED AS TO FORM
in
David De Berry
City Attorney
ATTEST:
CITY OF DIAMOND BAR
Tommye Cribbins, City Clerk
9L•1
CONSULTANT:
Onward Engineering
Majdi Ataya, PE
Onward Engineering
300 S. Harbor, Suite 814
Anaheim, CA 92805
Carol Herrera, Mayor
2
City of Diamond Bar July 30, 2014
Public Works Department
21810 Copley Drive
Diamond Bar, CA 91765
Attention: Sterling Mosley, EIT, Assistant Engineer
SUBJECT: FEE PROPOSAL FOR ENGINEERING SERVICES TO PREPARE AN ENGINEI
REPORT FOR HILLSIDE PARKWAY DRIVEWAY DRAINAGE DIVERTERS
Onward Engineering appreciates the opportunity to provide engineering services to prepare an
engineering report for hillside parkway driveway drainage diverters. Our fee is based on an
estimation of hours to meet with stakeholders and to develop the policy, actual hours may be
less.
Problem:
The lack of approved plans for the construction and installation of hillside parkway driveway
drainage diverters. The City has in its possession plans for several neighborhoods with diverters
but not all. The problem is how to address the Risk Management position that the diverters are
a trip hazard and liability to the City without approved plans but the diverters preserve and
protect hillside parkways and properties during heavy rain events.
Goal:
Prepare an Engineering Report document to cover all the drainage diverters in the hillside area
to provide the City with design immunity and limited liability exposure.
Process -Scope of Work:
1. Conduct stake holder meetings or telephone conferences with City staff, Risk
Management, Insurance (JPIA) and City Attorney. The purpose of the meetings are to
address concerns, evaluate the issues and develop the path to prepare the engineering
report. Estimate 3 meetings/teleconferences from start to finish.
Several issues will be addressed:
• Complete County Public Works record document research for the diverters that are
not shown on City "As-Builts"
• How to deal with removals and replacement of diverters
• How to deal with missing diverters
• Fully vet liability exposure from walking on the sidewalk or the parkway. The diverters
are located in the parkway.
0
Phone 714-533-3050 www.onwardEngineering.com Fax 714-948-8978
ONW19RE)
ENGINEERING
300 S Harbor Blvd.,
Suite 814, Anaheim, CA 92805
City of Diamond Bar July 30, 2014
Public Works Department
21810 Copley Drive
Diamond Bar, CA 91765
Attention: Sterling Mosley, EIT, Assistant Engineer
SUBJECT: FEE PROPOSAL FOR ENGINEERING SERVICES TO PREPARE AN ENGINEI
REPORT FOR HILLSIDE PARKWAY DRIVEWAY DRAINAGE DIVERTERS
Onward Engineering appreciates the opportunity to provide engineering services to prepare an
engineering report for hillside parkway driveway drainage diverters. Our fee is based on an
estimation of hours to meet with stakeholders and to develop the policy, actual hours may be
less.
Problem:
The lack of approved plans for the construction and installation of hillside parkway driveway
drainage diverters. The City has in its possession plans for several neighborhoods with diverters
but not all. The problem is how to address the Risk Management position that the diverters are
a trip hazard and liability to the City without approved plans but the diverters preserve and
protect hillside parkways and properties during heavy rain events.
Goal:
Prepare an Engineering Report document to cover all the drainage diverters in the hillside area
to provide the City with design immunity and limited liability exposure.
Process -Scope of Work:
1. Conduct stake holder meetings or telephone conferences with City staff, Risk
Management, Insurance (JPIA) and City Attorney. The purpose of the meetings are to
address concerns, evaluate the issues and develop the path to prepare the engineering
report. Estimate 3 meetings/teleconferences from start to finish.
Several issues will be addressed:
• Complete County Public Works record document research for the diverters that are
not shown on City "As-Builts"
• How to deal with removals and replacement of diverters
• How to deal with missing diverters
• Fully vet liability exposure from walking on the sidewalk or the parkway. The diverters
are located in the parkway.
0
Phone 714-533-3050 www.onwardEngineering.com Fax 714-948-8978
2. Using the City wide inventory of hillside parkway diverters, an estimated total of 500
diverters exist. Our estimate is based on an inventory of 500 diverters in the hillside
areas.
Several issues will be addressed:
• Identify and evaluate if property owner parkway modifications creates liability
exposure
• Identify and evaluate each location of an existing diverter
• Identify and evaluate missing locations to see if a diverter is required or not
• Identify potential modifications or elimination of diverters
• Prepare a priority list for potential elimination of diverters
• Prepare a detailed report with the goal to minimize the quantity of existing diverters
to minimize liability exposure.
3. Prepare an Engineering Report to encompass all existing diverters that vary in design,
construction materials and enhancements but fulfill the same purpose to divert run-off.
The policy is to minimize liability exposure. The report will provide the following
• Identify and evaluate current drainage/hydrological area and location within the area
• Provide roadway characteristics
• Provide parkway characteristics, include photographs
• Provide a risk/benefit assessment for each location, including parkway construction
recommendations to eliminate perceptions if the parkway looks like the sidewalk
• Create list of diverters to remain or remove
4. Provide construction management and observation services as required.
As former Deputy Director of Public Works and City Engineers, OE will provide professional
engineering assistance, working with the City to prepare the Engineering Report. We fully
understand the current legal parameters involving design immunity, liability exposure and risk
management. We will explore alternative means, through the practice of standards, professional
standards of care, property preservation and public safety to work through the issues and
concerns for the Engineering Report.
Our team looks forward to starting on this project and exceeding your expectations. We have
attached a fee on the following page. If you have any questions regarding this proposal, our firm,
or any other item, please feel free to give Majdi a call at (714) 457-2994. We look forward to
continuing our successful relationship with the City of Diamond Bar!
Thank you,
Majdi Ataya, PE
President
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CITY COUNCIL
Agenda # 6 5
Meeting Date: 8/19/2014
AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
VIA: James DeStefano, City Mana e
TITLE: RESOLUTION NO. 2014 -XX OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR 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 TRAIL
HEAD.
RECOMMENDATION: Adopt.
FINANCIAL IMPACT: Development of the Silver Tip Park Trail and Trail Head is estimated to
cost $306,692. The Habitat Conservation Fund grant requires a dollar to dollar match from the
City. Staff is requesting $153,346 from the Habitat Conservation Fund. The remaining amount
is $153,346. Approximately $20,000 will be used to pay the California Conservation Corp to
work clearing, grubbing and providing preliminary ground work. This amount will be reimbursed
through the Prop A Youth at Risk funds. The remaining $133,346 will be listed as committed
from the City of Diamond Bar General Fund to complete the match. Staff is applying for the
Land and Water Conservation Grant which is due November 1, 2014 that, if awarded, could
provide the required matching funds.
BACKGROUND: The Silver Tip Park Trail begins at the north end of Silver Tip Park where
there is a hard pan path up the hill that leads to the water towers above the park. The trail head
will be at the north end of Silver Tip Park and the project will include improvements to the trail
head and the trail up to the point it connects to the Pantera Park Trail. Currently the trail has a
hard pan surface which is rather steep in some locations. If the grant is awarded the trail access
would be improved, retaining walls added where necessary and the possible addition of steps in
the steeper locations.
DISCUSSION: The application for this grant is being prepared by Community Services
staff. This project will develop approximately 2,300 feet of trail north of Silver Tip Park and
a trail head in the park. Cobblestone swales will be installed for drainage if necessary. The
project will include trail head design, picnic benches, improvements to the trail path, lodge
pole fencing where needed, trash receptacles, minor foliage restoration, and signage. This
Resolution is a required element of the grant application. This is one of many applications
that staff has submitted in an effort to obtain funds to construct improvements identified in
the Trails Master Plan. Two examples are the Pantera Park Trail, which was awarded its
grant last year, the Grand View Trail and Trail Link which are now under construction.
PREPARED BY:
Alison Meyers
C.S. Coordinator
Rri
Y:
B
Director of Community Services
RESOLUTION NO. 2014 — XX
A RESOLUTION OF THE CITYCOUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE
APPLICATION FOR GRANT FUNDS FROM THE HABITAT CONSERVATION FUND PROGRAM
FOR THE SILVER TIP PARK TRAIL
WHEREAS, the people of the State of California have enacted the California Wildlife
Protection Act of1990, which provides funds to the State of California for grants to local agencies to
acquire, enhance, restore or develop facilities for public recreation and fish and wildlife habitat
protection purposes; and
WHEREAS, the State Department of Parks and Recreation has been delegated the
responsibility for the administration of the HCF Program, setting up necessary procedures
governing project application under the HCF Program; and
WHEREAS, said procedures established by the State Department of Parks and Recreation
require the applicant to certify by resolution the approval of application(s) before submission of said
application(s) to the State; and
WHEREAS, the applicant will enter into a contract with the State of California to complete
the project(s);
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Diamond Bar
hereby:
1. Approves the filing of an application for the Habitat Conservation Fund Program; and
2. Certifies that said applicant has or will have available, prior to commencement of any work on
the project included in this application, the required match and sufficient funds to complete the
project; and
3. Certifies that the applicant has or will have sufficient funds to operate and maintain the
project(s), and
4. Certifies that the applicant has reviewed, understands, and agrees to the provisions contained in
the contract shown in the Grant Administration Guide; and
5. Delegates the authority to the City Manager of the City of Diamond Bar to conduct all
negotiations, execute and submit all documents, including, but not limited to applications,
agreements, amendments, payment requests and so on, which may be necessary for the
completion of the project.
Agrees to comply with all applicable federal, state and local laws, ordinances, rules, regulations
and guidelines.
PASSED, APPROVED AND ADOPTED this 19th day of August, 2014.
Carol Herrera, Mayor
I, Tommye Cribbins, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing
Resolution was passed. approved and adopted at a regular meeting of the City Council of the City
of Diamond Bar held on the 19th day of August 2014 by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
Tommye Cribbins, City Clerk
City of Diamond Bar
CITY COUNCIL
Agenda # 7.1
Meeting Date: Aug 19, 2014
AGENDA REPORT
TO: Honorable Mayor and Member of the City Council
VIA: James DeStefano, City Man r
TITLE: Adoption of Resolution No. 2014- Amending the City's Conflict of Interest
Code for Designated City Personnel and Rescinding Resolution No. 2012-36 in
its Entirety
RECOMMENDATION:
It is recommended that the City Council open the Public Hearing, receive testimony, close the
Public Hearing and adopt Resolution No. 2014 -XX amending Appendix A of the City's Conflict of
Interest Code by adding, renaming or deleting certain positions. Pursuant to Government Code
section 87306.5, the City is required to conduct a review of its conflict of interest code in each
even numbered year to determine if any changes necessitate an amendment. Since the City
has adopted the conflict of interest code set forth in State regulations and any changes thereto
are automatically made a part of the City's Conflict of Interest Code, no changes to the
substantive provisions of the City's Conflict of Interest Code are necessary.
FINANCIAL SUMMARY:
No financial impact associated with this item.
BACKGROUND:
On May 20, 2014, the City Council adopted Resolution No. 2014-20 Re-establishing the Deputy
City Manager job classification, salary grade and fringe benefits.
In order to appropriately match the City's Personnel System, the City's Conflict of Interest Code
needs to be amended.
DISCUSSION:
With the adoption of Resolution No. 2014-12, which Re-establishes a Deputy City Manager
position the City must amend the Conflict of Interest Code to correctly identify the positions
which must file Statements of Economic Interest. The attached Resolution identifies all
positions which are required to file the appropriate forms.
PREPARED By , ;" REVI ED BY.
Tommye Cribbins Gdy Clerk Rya c ean, Deputy City Manager
Attachments
1021664.1
RESOLUTION NO. 2014 -XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DIAMOND BAR AMENDING THE CITY'S CONFLICT OF
INTEREST CODE FOR DESIGNATED CITY PERSONNEL
AND RESCINDING RESOLUTION NO. 2012-36 IN ITS ENTIRETY
A. Recitals.
(i) The City of Diamond Bar has heretofore enacted a Conflict of Interest
Code for designated personnel.
(ii) The Political Reform Act of 1974, California Government Code Sections
81000, et seq., requires the City to adopt amendments to its Conflict of Interest Code to
ensure employees of the City are appropriately designated when new employees are
added to The City or changed circumstances occur with respect to job functions and to
conduct a biennial review in each even numbered year of its Conflict of Interest Code to
determine in any changes are necessary.
(iii) Pursuant to the provisions of California Government Code Section 87311,
a duly noticed Public Hearing was conducted and concluded prior to the adoption of this
Resolution.
B. Resolution.
NOW, THEREFORE, the City Council of the City of Diamond Bar does
hereby find, determine and resolve as follows:
1. In all respect as set forth in Part A, Recitals, of this Resolution are
true and correct.
1021664.1
2. The City's Conflict of Interest Code, as heretofore adopted, hereby
is amended by the adoption of a new Exhibit "A" setting forth designated employees
and disclosure categories pertaining thereto. Since the City has adopted the State's
Conflict of Interest Code and any changes made thereto, no changes to provisions of
the Conflict of Interest Code are necessary.
3. Persons holding those designated positions in the attached
Appendix A, shall file statements of economic interests pursuant to the Conflict of
Interest Code (Title 2, California Code of Regulations, 18730 (4)-(5)).
4. The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this day of 2014.
Carol Herrera, Mayor
I, Tommye Cribbins, City Clerk of the City of Diamond Bar do hereby certify that the
foregoing Resolution was Passed, Approved and Adopted at a regular meeting of the
City Council of the City of Diamond Bar held on the day of
2014, by the following vote:
AYES:
NOES:
ABSENT
ABSTAINED
1021664.1
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
City Clerk of the City of Diamond Bar
ATTACHMENT A
CONFLICT OF INTEREST CODE FOR THE
CITY OF DIAMOND BAR
The Political Reform Act, Government Code Section 81000, et. seq., requires
state and local government agencies to adopt and promulgate conflict of interest codes.
The Fair Political Practices Commission has adopted a regulation, 2 Cal. Code of Regs.
Section 18730, which contains the terms of a standard conflict of interest code. It can
be incorporated by reference and may be amended by the Fair Political Practices
Commission after public notice and hearings to conform to amendments in the Political
Reform Act. Therefore, the terms of 2 Cal. Code of Regs. Section 18730 and any
amendments to it duly adopted by the Fair Political Practices Commission are hereby
incorporated by reference and, along with the attached Appendix in which members and
employees are designated and disclosure categories are set forth, constitute the conflict
of interest code of the City of Diamond Bar.
Designated employees shall file statements of economic interests with the
agency who will make the statements available for public inspection and reproduction.
(Gov. Code Section 81008). Upon receipt of the statements of the City Council,
Planning Commission and City Manager, the agency shall make and retain a copy and
forward the original of these statements to the Fair Political Practices Commission.
Statements for all other designated employees will be retained by the agency.
1021664.1
APPENDIX A
DESIGNATED EMPLOYEES DISCLOSURE
CATEGORIES
Assistant Engineer
1
Assistant Planner
1
Assistant City Manager
1,2
Assistant to the City Manager
1
Associate Engineer
1
Associate Planner
1
Building Official
1
City Clerk
1, 2
City Engineer/Public Works Director
1,2
Community Development Director
1,2
Community Services Director
1,2
Deputy City Manager
1, 2
Facilities Maintenance Supervisor
1
Finance Director
1, 2
Human Resources Manager
1
Information Systems Director
1,2
Management Analyst
1
Network/Systems Administrator
1
Parks & Recreation Commission
1
Parks and Maintenance Superintendent
1
Parks and Maintenance Supervisor
1
Planning Manager
1,2
Public Information Manager
1
Street Maintenance Superintendent
1
Recreation Services Manager
1
Recreation Services Superintendent
1
Recreation Supervisor
1
Senior Accountant
1
Senior Civil Engineer
1
Senior Management Analyst
1
Senior Neighborhood Improvement Officer
1
Senior Planner
1
Traffic & Transportation Commission
1
• NOTE: City Council, City Manager, City Attorney, Treasurer and Planning
Commissioners are required to submit disclosure statements pursuant to State law
(California Government Code Sections 87200, et. seq.), not this Code.
1021664.1
ATTACHMENT B
CONSULTANTS, AD HOC COMMITTEES, TASK FORCES
AND SIMILAR GROUPS **
Commission Regulation 18700 defines "consultant" as an individual who,
pursuant to a contract with a state or local government agency:
(A) Makes a governmental decision whether to:
(i) Approve a rate, rule, or regulation;
(ii) Adopt or enforce a law;
(iii) Issue, deny, suspend, or revoke any permit, license, application,
certificate, approval, order, or similar authorization or entitlement;
(iv) Authorize the agency to enter into, modify, or renew a contract
provided it is the type of contract which requires agency approval;
(v) Grant agency approval to a contract which requires agency
approval and in which the agency is a party or to the specifications
for such a contract;
(vi) Grant agency approval to a plan, design, report, study, or similar
item;
(vii) Adopt, or grant agency approval of, policies, standards, or
guidelines for the agency, or for any subdivision thereof; or
(B) Serves in a staff capacity with the agency and in that capacity performs
the same or substantially all the same duties for the agency that would
otherwise be performed by an individual holding a position specified in the
agency's Conflict of Interest Code.
** With respect to consultants, ad hoc committees, task forces and similar groups, the
City Manager shall determine in writing if a particular consultant, ad hoc committee, task
force or similar group performs a range of duties requiring disclosure hereunder. That
determination shall include a description of the consultant's, ad hoc committee's, task
force's or similar group's duties and a statement of the extent of disclosure
requirements. A copy of that determination shall be filed with the City Clerk and a copy
forwarded to the City Council.
1021664.1
APPENDIX B
Category 1
Persons in this category shall disclose all interests in real property within the jurisdiction
of the City. Real property shall be deemed to be within the jurisdiction if it or any part of
it is located not more than two miles outside the City's boundaries or within two miles of
any land owned or used by the City.
Category 2
Persons in this category shall disclose all income from and investments in the
businesses which provide or sell services or supplies of the type associated with the job
assignment and utilized by the City. In addition, as to any business entity in which the
person or his or her spouse owns, directly, indirectly or beneficially, a ten percent or
greater interest, the person shall disclose his or her pro rata share of the income and
the sources of income of the entity if the entity provides or sells services or supplies of
the type indicated in the first sentence of this paragraph.
1021664.1
APPENDIX "C"
82030. Income.
(a) 'Income" means, except as provided in subdivision (b), a payment received,
including but not limited to any salary, wage, advance, dividend, interest, rent,
proceeds from any sale, gift, including any gift of food or beverage, loan,
forgiveness or payment of indebtedness received by the filer, reimbursement for
expenses, per diem, or contribution to an insurance or pension program paid by
any person other than an employer, and including any community property
interest in the income of a spouse. Income also includes an outstanding loan.
Income of an individual also includes a pro rata share of any income of any
business entity or trust in which the individual or spouse owns, directly, indirectly
or beneficially, a ten (10) percent interest or greater. 'Income," other than a gift,
does not include income received from any source outside the jurisdiction and
not doing business within the jurisdiction, not planning to do business within the
jurisdiction, or not having done business within the jurisdiction during the two
years prior to the time any statement or other action is required under this title.
(b) 'Income" also does not include:
(1) Campaign contributions required to be reported under Chapter 4
(commencing with Section 84100).
(2) Salary and reimbursement for expenses or per diem received from a state,
local, or federal government agency and reimbursement for travel
expenses and per diem received from a bona fide nonprofit entity exempt
from taxation under Section 501(c)(3) of the Internal Revenue Code. (See
26 U.S.C.A. §501.)
(3) Any devise or inheritance.
(4) Interest, dividends, or premiums on a time or demand deposit in a
financial institution, shares, in a credit union or any insurance policy,
payments received under any insurance policy, or any bond or other debt
instrument issued by any government or government agency.
1021664.1
(5) Dividends, interest, or any other return on a security which is registered
with the Securities and Exchange Commission of the United States
government or a commodity future registered with the Commodity Futures
Trading Commission of the United States government, except proceeds
from the sale of these securities and commodities futures.
(6) Redemption of a mutual fund.
(7) Alimony or child support payments.
(8) Any loan or loans from a commercial lending institution which are made in
the lender's regular course of business on terms available to members of
the public without regard to official status if:
(A) The loan is secured by the principal residence of filer; or
(B) The balance owed does not exceed ten thousand dollars ($10,000).
(9) Any loan from or payments received on a loan made to an individual's
spouse, child, parent, grandparent, grandchild, brother, sister, parent -in-
law, brother-in-law, sister-in-law, nephew, niece, uncle, aunt, or first
cousin, or the spouse of any such person, provided that a loan or loan
payment received from any such person shall be considered income if he
or she is acting as an agent or intermediary for any person not covered by
this paragraph.
(10) Any indebtedness created as part of a retail installment or credit card
transaction if made in the lender's regular course of business on terms
available to members of the public without regard to official status, so long
as the balance owed to the creditor does not exceed ten thousand dollars
($10,000).
(11) Payments received under a defined benefit pension plan qualified under
Internal Revenue Code Section 401(a). (See 26 U.S.C.A. §401.)
(12) Proceeds from the sale of securities registered with the Securities and
Exchange Commission of the United States government or from the sale
of commodities futures registered with the Commodity Futures Trading
Commission of the United States government if the filer sells the securities
1021664.1
or the commodities futures on a stock or commodities exchange and does
not know or have reason to know the identity of the purchaser.
1021664.1
Agenda 9
Meeting Date:
8.1
8119114
CITY COUNCIL AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
FROM: James DeStefano, City Ma
TITLE: APPROVAL OF DIAMOND RIDE ROGRAM MODIFICATIONS AND ADOPTION OF
UPDATED PROGRAM RULES & REGULATIONS
RECOMMENDATION:
Approve modifications and adopt updated program Rules & Regulations.
FISCAL IMPACT:
If approved, staff estimates the modifications could save up to 39.8%, or approximately $228,976
based on current FY 2014-15 Adopted budget of $575,000.
BACKGROUND:
The City's Diamond Ride (or "dial -a -cab") program was originally established in April 1995 to provide
an affordable non -primary mode of local transportation for residents age 60 years and older
("seniors") or disabled adults age 18 years and older.
In FY 2013-14, there were approximately 1,300 active Diamond Ride cardholders, the Diamond Ride
service provided a total of 26,775 trips to 31,505 passengers at a distance of 270,930 miles (10.12
miles per trip). Over 75% of trips were to medical (58.8%) or shopping (17.1 %) destinations with most
trips (82.4%) taken on weekdays.
The program is operational from 7am-8pm daily, with riders eligible to schedule up to 30 one-way
trips (15 round trips) per month. Trips must be reserved 24 hours in advance unless the trip is for a
medical emergency (with corresponding note confirming the emergency from a doctor) or to a local
shopping center. Service is provided to the three Service Areas outlined below as well as Ontario
Airport and Fullerton Amtrak Station.
• Service Area 1: Trips to/from any destination within Diamond Bar city limits.
• Service Area 2: Trips to/from shopping centers/malls and other non-medical trips
beyond Diamond Bar city limits in the area bound by Arrow
Highway to the north, Central Avenue to the east, Imperial
Highway/Carbon Canyon Road to the south and Hacienda
Boulevard to the west.
• Service Area 3: Trips to/from medical facilities beyond Diamond Bar city limits in
the area bound by the Foothill Freeway (210) to the north, Sierra
Avenue to the east, San Diego Freeway (405)/State Route
133/Riverside Freeway (91) to the south and the Long Beach
Freeway (710) to the west.
Service area boundaries
Foothill Fwy (210)
_ Arrow Hwy.
'6 #2 60 FwY
efY g 6p V
J
N
San Diego Fwy
Riverside Fwy (91)
TN Men., 0sca1p
Riders are responsible for paying the following one-way rates at the time of pick-up:
• $0.50 for trips within the City (Service Area 1)
• $1.50 for medical trips outside the City (Service Area 3)
• $3.00 for non-medical trips or shopping trips outside the City (Service Area 2)
• $10.00 for trips to Ontario Airport or Fullerton Amtrak Station
Trips extending beyond the established service area boundaries are subject to a $2.50 cab fare in
addition to the regular Diamond Ride fare for the specified trip (known as a "cab conversion").
CURRENT PROGRAM COSTS/FUNDING SOURCE:
Since the program's inception in 1995, the City has spent approximately $6.9 million to fund the
Diamond Ride program. FY 13-14 costs of $567,315.50 were the highest in the program's history.
Diamond Ride is funded exclusively by Proposition C Local Return (Prop. C) funds. Prop. C monies
are generated by the collection of a County -wide half -cent sales tax, 20% of which is then distributed
to local agencies based on a per capita formula. Unlike other funds, Prop. C funds may not be sold to
other jurisdictions in exchange for unrestricted monies.
While Prop. C funds are restricted to programs and projects that benefit public transit, the use is not
exclusive to dial -a -cab or shuttle services. Essential local transportation projects like Congestion and
Pavement Management Plans, street improvements on arterials, and bikeways are all eligible under
Prop. C. In recent years, the funds have been appropriated to implement median improvements on
Grand and Diamond Bar Boulevard, traffic signal improvements and battery backup system
installations, and arterial slurry and overlay projects in Zones 1 and 7. Such projects are keys to
2
accomplishing the City Council's highest priority Goal & Objective to improve traffic congestion in
Diamond Bar and have impacts that stretch across the Diamond Bar community.
Prop. C funding has great value to the City, providing a reliable source of annual revenue for
transportation projects and programs. However, the current distribution of funds between dial -a -cab
services and capital projects may not maximize its utility across the community. Diamond Ride
program costs alone account for 70.6% of the City's expected Prop.. C allocation in FY 14-15,
depleting once plentiful reserves. This will likely result in General Fund backfilling of future
transportation CIP projects.
ANALYSIS:
Staff has completed an extensive review of FY 2013-14 program data, analyzing trends in vehicle
miles traveled, frequency of trips, destinations (local vs. out -of -area) and overall costs, as shown in
the attached exhibits. Beyond general program cost increases, this review led to these additional
observations:
Program Philosophy — Supplemental vs. Primary Mode of Transportation
Since inception, the Diamond Ride program has been billed by the City as a supplemental
mode of transportation meant only to augment the user's primary transportation sources.
However, the program's generous monthly trip allowance and wide boundaries could be seen
as exceeding this originally intended scope of service. In fact, in FY 2013-14, the Top 10 riders
(by cost) averaged nearly a trip per day for the year (.85 trips per day).
2. Current Rules Counter the City's Economic Development Efforts
Shopping trips to Service Area 2 are the most expensive, and also fail to support the Council's
economic development efforts or the Shop Diamond Bar program.= In essence, subsidized
shopping trips to destinations outside the City promote sales tax revenue leakage to
neighboring communities.
3. Growing Usage Inequity
Among the 1,300 active cardholders, the top 40 riders used a significant amount of program
resources. In FY 2013-14, these 40 individuals (3% of all participants) accounted for:
• 27.6% of all trips (7,394 of 26,775)
28.6% of all vehicle miles traveled (64,499 of 225,413)
28.4% of total costs ($161,349 of $567,315)
Narrowing the focus to the top 5 users further demonstrates the high amount of City resources
consumed by a just a few individuals.
Rider
# Trips
Mileage Mileage/Trip
Est. Cost
Est.Cost/Trip
A
202
4,464.30 22.1
$11,163.25
$55.26
B
295
4,168.80 14.1
$10,424.50
$35.34
C
356
3,688.00 10.4
$9,222.50
$25.91
D
274
3,422.80
12.5
$8,559.50
$31.24
E
301
3,130.00
10.4
$7,239.00
$24.05
Total
1,428
18,873.90
12.74
$47,197.25
$33.05
4. Growing Impact of Long Distance Trips
During FY 13-14, 60.2% of all passenger trips were to or from destinations outside the City. A
sampling of over 9,000 of these trips found them to account for approximately 86.5% of the
total cost, with in -city trips accounting for approximately 13.5%. During a six month period,
40% of riders in the top 20 never took a single trip to Diamond Bar destination.
5. Comparisons to Similar Programs
A comparison of Diamond Ride to other dial -a -cab programs in the area finds it to offer a
significantly wider service area radius than any other. For example:
• Walnut — 30 trips/month, boundaries extend approximately 5 miles beyond city center
with a few designated medical facilities beyond (Queen of the Valley, Baldwin Park
Kaiser, etc.). $143 per trip.
• San Dimas — Limited to within the City except for a small medical radius extending into
neighboring Pomona and Glendora. $1.50 per trip.
• Laguna Hills — Limited to within the City and neighboring Mission Viejo. $5 per trip.
• Laguna Woods — Voucher program, with cost dependent on trip distance. General
voucher books cost $50 for $100 in travel. Airport vouchers are $30.
• Rancho Santa Margarita — Voucher program, with cost outside City dependent on trip
distance. Trips within City are $2.50, with one-way trips to neighboring cities ranging
from $6.25-$8.75. Airport vouchers are $30.
RECOMMENDED PROGRAM MODIFICATION:
At the City Council Study Session of August 5, 2014, staff presented the history of the Diamond Ride
program, shared a detailed analysis of program costs/funding sources, usage patterns, and offered a
series of program modification options. After review and discussion of the options, the City Council
directed staff to prepare the following program modification option for consideration at tonight's
meeting.
1. Option A
• Maintain in -city trips (#1 on the map below).
• Establish a new Medical Service Area (#2 on the map below) with a radius extending
approximately five (5) miles beyond the city limits, with exceptions for trips to Pomona
Valley Hospital/Medical Center in Pomona and St. Jude Hospital/Medical Center in
Fullerton.
g
10
#2 =
w yy d
cS, 60 Fwy
c
sa F
CO
0
.a°
moo
Imperial Hwy. Gac TN Mep notb scale
• Eliminate subsidized non-medical and shopping trips to destinations outside Diamond Bar,
including trips to Ontario Airport and Fullerton Amtrak Station.
• Establish a flat fare rate of $0.50 per trip within the city limits and $1.50 per trip if traveling
to the Medical Service Area.
• Maintain the cab conversion option for users, under which riders would pay standard non -
subsidized cab fare for mileage beyond the city limits (non-medical/shopping trips) and the
5 mile radius/St. Jude/Pomona Valley (medical trips only).
• For all users, maintain current trip allotment of 30 per month (15 round trips).
• Provide for same day trips to both Service Areas (with minimum 2 hour notice).
Staff estimates the modification would result in annual savings up to 39.8%, or about $228,976
annually based on current program cost estimates.
Conclusion
To better ensure the long-term funding sustainability of Prop. C programs and projects while
maintaining supplemental transit services designed to assist Diamond Bar seniors and disabled
adults, staff recommends the City Council approve Diamond Ride program modification Option A and
adopt the associated program Rules & Regulations.
PREPARED BY•
L k1k —
Rya can
Deputy ity Manager
Attachments: Updated Diamond Ride Program Rules & Regulations
Diamond Ride Program Rules — Effective December 1, 2014
A. Hours & Days of Operation
Diamond Ride service is available seven days a week, including holidays, from 7:00 a.m. to 8:00
p.m Standard service hours of operation shall apply in all circumstances except:
(1) Special Medical Exceptions: Trips to dialysis centers within the established medical
boundary (Service Area 2) may be scheduled outside the standard service hours of operation.
(2) Holiday Ride: Holiday Ride is a free seasonal program beginning the day after
Thanksgiving ("Black Friday") and ending January 2. During this period, Diamond Bar
residents eighteen (18) years of age or older may schedule trips to and from Diamond Bar -
based businesses at no charge. The Holiday Ride program is available from 7:00 a.m.-8:00
p.m. during the operational period.
B. Eligible Users
The service shall be available to Diamond Bar residents who are: (a) Sixty (60) years of age or
older; or (b) Disabled adults eighteen (18) years of age or older.
To participate, residents must complete, sign, and meet all eligibility requirements of the Diamond
Ride application and/or Diamond Ride Disability Eligibility Form, complete and sign the Waiver,
Release and Discharge of Liability Form, and provide proof of current Diamond Bar residency (valid
government issued identification card or utility bill).
Upon completion, eligible users shall be issued a uniquely numbered Diamond Ride identification
card bearing the user's name, address, telephone number, and photograph. Diamond Ride
identification cards are valid for two years from the date of issuance. It is the cardholder's
responsibility to renew his/her eligibility prior to the expiration date.
C. Guests
No more than one (1) guest may accompany a cardholder without paying a fare. Cardholders may
not schedule trips with the sole purpose of transporting a guest to/from any destination.
D. Service Area
Cardholders may schedule rides to destinations within one of two established Service Areas (see
map). All rides must originate or terminate in Diamond Bar.
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Service Area 1: Trips to/from any destination within Diamond Bar city limits.
Service Area 2: Trips to/from approved medical facilities beyond Diamond Bar city limits in
the area bound by the Santa Monica Freeway (10) to the north, Ramona Avenue/Mills Avenue
to the east, Imperial Hwy./Carbon Canyon Road to the south, and Hacienda Blvd. to the west,
with exceptions for trips to Pomona Valley Hospital/Medical Center in Pomona and St. Jude
Hospital/Medical Center in Fullerton.
E. Approved Medical Facilities
Approved medical facilities are defined as those located in Service Area 2 (see Section D, Service
Area) that provide direct in/outpatient medical, dental or vision services/appointments under the
care of a licensed doctor, registered nurse, physician assistant, or physical therapist. Adult Day
Care facilities do not qualify as an Approved Medical Facilities.
E. Number of Trips
Cardholders may schedule up to thirty (30) one-way trips (15 round trips) per month.
Note: Each point-to-point trip counts as a single trip toward the monthly limit.
F. Fares
All applicable fares must be paid by the cardholder prior to the commencement of any trip.
(1) Trips within the City (Service Area 1) - $0.50 one way ($1.00 round-trip)
(2) Trips within medical service area (Service Area 2) - $1.50 one way ($3.00 round-trip)
(3) Trips to a destination outside Service Area boundaries will be charged the standard
commercial per -mile rate, or "cab conversion" fare for the remainder of the trip beyond the
Service Area boundary.
Fares are subject to change at the discretion of the City Council.
G. Scheduling a Trip
Reservations may be made by calling dispatch (800-578-6555). When placing the call, cardholders
will be required to provide the dispatcher:
❑ A valid personal Diamond Ride card number.
0 Date, time and location of the requested pickup and destination.
❑ A special needs request for a wheelchair -accessible vehicle.
Upon arrival of the taxicab, cardholders must present their valid Diamond Ride card to the driver to
confirm eligibility. Cardholders may not request specific drivers.
Response Time
Diamond Bar -based initial trips will be scheduled with a fifteen (15) minute pick-up window. Thus, if
a customer schedules a trip for 9:00am, the taxi cab may arrive between 8:45am and 9:15am.
Return trips will arrive within forty (40) minutes of the request. If a taxicab arrives more than forty
(40) minutes after the cardholder's reservation, the trip shall be free of charge.
Please note: While every effort to arrive within the forty (40) minute window will be made, trips
scheduled during peak travel times or special requests, including the use of wheelchair accessible
vehicles, may result in extended response times. Please schedule such trips accordingly.
J. Shared Rides
Diamond Ride dispatchers may schedule trips jointly with other riders to promote efficiency.
Cardholders traveling to the same destination in the same taxicab may ride for a single fare per
taxicab. In the event of an "incremental shared ride," where a taxicab picks up joint travelers
successively and delivers them to the same or successive destinations, each rider shall pay the full
rider fare based on the rates established in Section F, Fares.
K. Cancelling a Trip
Cancellations must be made at least one hour prior to the time of your scheduled trip.
L. Revocation of Diamond Ride Privileges
In the event of fraud or unauthorized use, the City reserves the right to revoke any Diamond Ride
card. Users found to have fraudulently used program will be banned from Diamond Ride for a
minimum period of two years.
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CITY COUNCIL
Agenda 4 g . 2
Meeting Date: August 19, 2014
AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
VIA: James DeStefano, City Man.
TITLE: ADOPT RESOLUTION 20 4-X 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.
RECOMMENDATION:
Adopt and authorize.
FISCAL IMPACT:
None.
BACKGROUND:
The City of Diamond Bar has made considerable strides to improve upon our emergency operations,
training, and preparedness efforts. Part of our comprehensive emergency planning includes an
update to the City's EOP in compliance with State and Federal requirements, which serves as an
operational document during large-scale emergencies. Cities throughout the state are required to
have an updated plan every five years, with revisions typically costing approximately $50,000 for the
update. Staff determined it would be most cost-effective to perform the revision in-house, which
allowed staff to customize the EOP to fit our contract city operational model.
The current update of the Emergency Operations Plan was extensive. The plan has been completely
restructured and includes revised Emergency Operations Center (EOC) information, and expanded
the Standardized Emergency Management System (SEMS) section to also meet Federal
requirements mandating inclusion of the National Incident Management System (NIMS), which is the
equivalent and parallel version of SEMS in California.
Notable changes to the EOP include the following revisions:
• Streamlined 250 page document that is customized to fit the City's organizational structure.
• Inclusion of new Federal National Incident Management System (NIMS) requirements.
• Inclusion of new checklists to improve EOC effectiveness, including EOC activation checklist and
revised position checklists.
• Expanded section on forms, reports, and emergency proclamations.
• Removal of redundant forms, documents, and sections that are outdated and have been replaced
with new Federal and State requirements.
• New section on Restricted Use documents that will have confidential information for EOC
purposes, but due to operational sensitivity is not subject to public disclosure.
The Plan is subject to review and will undergo periodic updates by staff and integrate lessons learned
from emergency events into the EOP.
It is recommended that the City Council Adopt Resolution 2014 -XX approving the City of Diamond
Bar EOP, and authorize the Mayor to sign the Letter of Promulgation and distribute an approved copy
to the State of California Office of Emergency Services.
Prepared by:
�E
Anthony Santos
Sr. Management Analyst
Reviewed
Attachment:
1. Resolution 2014 -XX.
2. Letter of Promulgation.
3. City of Diamond Bar Emergency Operations Plan (EOP).
City Manager
RESOLUTION NO. 2014 -XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR, CALIFORNIA, APPROVING THE CITY OF DIAMOND BAR
EMERGENCY OPERATIONS PLAN (EOP)
WHEREAS, the City of Diamond Bar recognizes that planning for emergencies in advance can
reduce potential harm to people and property within our community from the threat of natural, human
caused and/or technological hazards; and
WHEREAS, an Emergency Operations Plan provides the framework for emergency response
and recovery efforts in the City of Diamond Bar during and after disasters; and
WHEREAS, the City of Diamond bar is primarily responsible for emergency response and will
make every effort to commit available resources to save lives, minimize injury to persons and
minimize damage to property; and
WHEREAS, the City of Diamond Bar is committed to provide for rapid resumption of daily life
of Diamond Bar residents and businesses; and
WHEREAS, the City of Diamond Bar Emergency Operations Plan serves as the operational
framework for emergency management within the City of Diamond Bar.
NOW, THEREFORE, BE IT RESOLVED THAT that the City Council of the City of Diamond
Bar has hereby adopted the Emergency Operations Plan as an official plan for the City of Diamond
Bar, a political subdivision of the County of Los Angeles and the State of California.:
PASSED, APPROVED, AND ADOPTED this 19th day of August, 2014.
Carol Herrera, Mayor
I, Tommye A. Cribbins, City Clerk of the City of Diamond Bar, California, do hereby certify that the
foregoing Resolution No. 2014- was duly and regularly passed and adopted by the City Council of
the City of Diamond Bar, California, at its regular meeting held on the 19th day of August, 2014, by the
following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
Tommye A. Cribbins, City Clerk
,,:t9s9
Letter of Promulgation
TO: Officials, Employees and Citizens of the City of Diamond Bar
The preservation of life and property is an inherent responsibility of local, state and federal
government. The City of Diamond Bar has prepared this Emergency Operations Plan
(EOP) to ensure the most effective and economical allocation of resources for the
maximum benefit and protection of the civilian population in time of emergency.
While no plan can prevent death and destruction, good plans carried out by knowledgeable
and well trained personnel can and will minimize losses. This plan establishes the
emergency organization, assigns tasks, specifies policies and general procedures, and
provides for coordination of planning efforts of the various emergency staff and service
elements utilizing the Standardized Emergency Management System (SEMS) and the
National Incident Management System (NIMS).
The objective of this plan is to incorporate and coordinate all the facilities and personnel of
the City into an efficient organization capable of responding to any emergency.
This Emergency Operations Plan is an extension of the California Emergency Plan. It will
be reviewed and exercised periodically and revised as necessary to meet changing
conditions.
The City Council gives its full support to this plan and urges all officials, employees and
citizens, individually and collectively, to do their share in the total emergency effort of the
City.
Concurrence of this promulgation letter constitutes the adoption of the Standardized
Emergency Management System, the National Incident Management System and the
Incident Command System by the City. This EOP will become effective on adoption by the
City of Diamond Bar City Council.
Mayor, City of Diamond Bar Approval Date
The City of Diamond Bar is focused on first class
Public Safety services, which include:
K • Los Angeles County Sheriff's Department
• County of Los Angeles Fire Department
• Inland Valley Humane Society
Emergency Preparedness and Response
,all
friendly.
Specific modifications include:
• :Part I —Basic Plan
• Part II —'Section Checklists
• Part III -`EOC Documents
• Part IV - Restricted Use
Safety partners to opt
Staff will undergo „ad(
distributed. The trainii
of our monthly traininc
• Department Trainin
Emergency Operat
• Great California S
enclar, which includes:
Center Training
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