HomeMy WebLinkAbout08/05/2014 Agenda - Regular MeetingCity of
Diamond Bar
City Council Agenda
Tuesday, August 5, 2014
5:00 p.m. - Closed Session - Room CC -8
5:15 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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CITY OF DIAMOND BAR
CITY COUNCIL AGENDA
August 5, 2014
Next Resolution No. 2014-33
Next Ordinance No. 07(2014)
CLOSED SESSION: 5:00 p.m., Room CC -8
Public Comments on Closed Session Agenda
► Government Code Section 54957
Public Employee - City Manager Performance Evaluation
STUDY SESSION: 5:15 p.m., Room CC -8
► Diamond Ride Program Overview and Modification Options
— Discussion and Action.
Public Comments
CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
INVOCATION:
ROLL CALL:
APPROVAL OF AGENDA:
6:30 p.m.
Mayor
Sr. Pastor Randy Lanthripe
Church in the Valley
Council Members Chang, Lyons,
Tanaka, Mayor Pro Tem Tye, Mayor
Herrera
Mayor
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 5, 2014 PAGE 2
1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
1.1 Proclaiming August 6, 2014 as "National Night Out".
2. CITY MANAGER REPORTS AND RECOMMENDATIONS:
2.1 Introduction of New Employee — Alfa Lopez, Management Analyst.
2.2 Introduction of New Sheriff's Department Team Member Deputy Nick
Thorn.
2.3 Presentation by Walnut Valley Water District Re: California's Drought and
Water Conservation Measures.
3. PUBLIC COMMENTS: "Public Comments" is the time reserved on each
regular meeting agenda to provide an opportunity for members of the public to
directly address the Council on Consent Calendar items or matters of interest to
the public that are not already scheduled for consideration on this agenda.
Although the City Council values your comments, pursuant to the Brown Act, the
Council generally cannot take any action on items not listed on the posted
agenda. Please complete a Speaker's Card and give it to the City Clerk
(completion of this form is voluntary). There is a five-minute maximum time limit
when addressing the City Council
4. RESPONSE TO PUBLIC COMMENT: Under the Brown Act, members of the
City Council may briefly respond to public comments but no extended discussion
and no action on such matters may take place.
5. SCHEDULE OF FUTURE EVENTS:
5.1 National Night Out/Concerts in the Park — August 6, 2014 - 6:30 p.m. —
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. — 8:30 p.m. — Little
Lies Band (Fleetwood Mac Tribute) — Sycamore Canyon Park, 22930
Golden Springs Drive. (Last Concert for the summer).
August 5, 2014 PAGE 3
5.5 Movies Under the Stars —August 13, 2014 — Immediately following
Concerts in the Park — Despicable Me2 - Sycamore Canyon Park, 22930
Golden Springs Drive. (Last Movie for the summer).
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., AQMD/Government
Center Auditorium, 21865 Copley Drive.
6. CONSENT CALENDAR:
6.1 City Council Minutes:
(a) Study Session of July 15, 2014.
(b) Regular Meeting of July 15, 2014.
Recommended Action: Approve as submitted.
Requested by: City Clerk
6.2 Parks and Recreation Commission Minutes — Regular Meeting of May
22, 2014.
Recommended Action: Receive and File.
Requested by: Community Services Department
6.3 Ratification of Check Register - Dated July 10, 2014 through July 30,
2014 totaling $1,899,509.52.
Recommended Action: Ratify.
Requested by: Finance Department
6.4 Treasurer's Statement— Month of June, 2014.
Recommended Action: Approve.
Requested by: Finance Department
6.5 Approve to Adjourn the August 19, 2014 City Council Meeting to
September 16, 2014.
Recommended Action: Approve.
Requested by: City Manager
August 5, 2014 PAGE 4
6.6 Approve 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.
Recommended Action: Approve.
Requested by: Public Works Department
6.7 (a) Adopt Resolution No. 2014 -XX: Granting Consent and
Jurisdiction to the County of Los Angeles in the Matter of County
Lighting Maintenance District 10006 and County Lighting District
Landscaping and Lighting ACT -1 (LLA -1), Diamond Bar Zone, City of
Diamond Bar, (Tract 72295 aka Willow Heights Residential
Development).
Recommended Action: Adopt.
(b) Adopt Resolution No. 2014 -XX: 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.
Recommended Action: Adopt.
Requested by: Public Works Department
6.8 Approval of Contract with Architerra Design Group for the
Completion of the Design of Construction Documents for the ADA
Retro -Fit of Longview Park South and Star Dust Park in an Amount
Not -to -Exceed $10,000.
Recommended Action: Approve.
Requested by: Community Services Department
August 5, 2014 PAGE 5
6.9 Award of Professional Engineering Services Contract to Tait and
Associates Inc. for a Comprehensive Groundwater Drainage Study
at Cold Springs Drive, Ambushers Street, Cleghorn Drive, Flap Jack
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.
Recommended Action: Award.
Requested by: Public Works Department
7. PUBLIC HEARINGS: 6:45 p.m., or as soon thereafter as matters may be heard.
7.1 Adopt Resolution No. 2014 -XX: 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
Code Section 65089.
Recommended Action: Receive Staff's Report; Open the Public Hearing;
Receive Public Testimony; Close the Public Hearing; Discussion; and,
Adopt.
Requested by: Community Development/Public Works Departments
8. COUNCIL CONSIDERATION: None.
9. COUNCIL SUB -COMMITTEE REPORTS AND MEETING ATTENDANCE
REPORTS/COUNCIL MEMBER COMMENTS:
10. ADJOURNMENT:
Agenda # Study Session
Meeting Date: 8/5/14
CITY COUNCIL `��.t'� �/ AGENDA REPORT
�rs8
TO: Honorable Mayor and Members of the City Council
FROM: James DeStefano, City Man e
TITLE: DIAMOND RIDE PROGRAM OVE VIEW AND MODIFICATION OPTIONS
Program Overview:
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.
A series of City Council program revisions during Fiscal Years 2007-08, 2008-09 and 2009-10
established monthly trip limits, specific hours of operation with a reservation process and a tiered
service area radius.
Currently, 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.
1
Service area boundaries
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").
Ridership:
There are currently approximately 1,300 active Diamond Ride cardholders. In FY 13-14, the service
provided 26,775 trips to 31,505 passengers, traveling a distance of 270,930 miles or 10.12 miles per
trip. Over 75% of trips are to medical (58.8%) or shopping (17.1%) destinations with most trips
(82.4°/x) taken on weekdays. 5.7% of trips were shared (multiple passengers going to different
destinations).
Program Costs/Funding Source:
Since the program's inception, the City has spent approximately $6.9 million to fund the Diamond
Ride program. FY 13-14 costs of $567,315.50 are 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.
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, bikeways, and improvements to the City's
arterials 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.
2
Such projects are keys to accomplishing the City Council's highest priority Goal & Objective of
improving traffic congestion in Diamond Bar.
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. As the
program consumes a greater share of funding, once plentiful Prop. C reserves have been depleted.
This will likely result in General Fund backfilling of of future transportation CIP projects.
Note: Prop. C funds may not be sold to other jurisdictions in exchange for
unrestricted funds.
Analysis:
Following a brief discussion of the Diamond Ride program by the City Council during the March 6,
2014 Study Session, the City Council Audit Committee directed staff to prepare an analysis of and
develop options for program modifications. In doing so, extensive program data available for FY 13-
14 was collected, analyzing trends in vehicle miles traveled, frequency of trips, destinations (local vs.
out -of -area) and overall costs, as shown in the attached exhibits. This review led to the following
observations:
Program Philosophy
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
(personal vehicles, family members/friends, other discounted transit services offered by the
City, etc.). However, the program's generous monthly trip allowance and wide boundaries
could be seen as exceeding this originally intended scope of service.
2. Current Rules Counter Economic Development Efforts
Currently, users may schedule shopping trips to destinations in Service Area 2, which
stretches approximately 10 miles beyond the city limits. These trips are among the most
expensive, and do not support the Council's economic development efforts or the Shop
Diamond Bar program. Furthermore, shopping trips outside the City effectively subsidize sales
tax revenue leakage to neighboring communities.
Growing Usage Inequity
Among the 1,300 active cardholders, the top 40 users account for a significant amount of
program resources. In FY 13-14, these 40 individuals (accounting for only 3% of participants)
account 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 resources consumed by a just
a few individuals.
Rider
# Trips
Mileage
Mileage/Tri—p-Estdostj
Est.Cost/Trip
A
202
4,464.3
22.1
$11,163.25
$55.26
B
295
4,168.80
14.1
$10,424.50
$35.34
C
356
3,688
10.4
$9,222.50
$25.91
D
274
3,422.80
12.5
$8,559.50
$31.24
E
301
3,130
10.4
$7,239.00
$24.05
Total
1,428
18,873.90
12.74
$47,197.25
$33.05
Note: A review of trip data finds these riders to be using the program within the currently
established rules and regulations.
4. Growing Impact of Long Distance Trips
The program's generous trip allowance and boundaries has resulted in a greater number of
long-distance, and therefore more expensive trips. During FY 13-14, 60.2% of all passenger
trips were to or from destinations outside the City. A detailed 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 only approximately 13.5%.
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. The vast majority of city -funded dial -a -
cab transit programs provide local service only with out -of -area exceptions to a limited number
of designated medical facilities. 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.)
• 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.
4
Program Modification Options:
Under current rules and regulations the Diamond Ride program accounts for a growing majority of the
City's annual Prop. C funding allocation, depleting reserves and impacting the City's ability to fund
transportation infrastructure improvement and congestion mitigation efforts.
To better ensure the long-term funding sustainability of Prop. C programs and projects, staff
recommends the Council consider the following Diamond Ride program modification options:
Note: All savings estimates are subject to change based on cardholder usage patterns and changes
in volume of customers over time. Staff recommends that any Council -directed program
modifications go into effect 90 days after Council approval, providing staff the proper time to
notify all active Diamond Ride users of the changes and allowing users to coordinate
alternative transportation if necessary.
1. Option A (STAFF RECOMMENDATION)
Maintain in -city trips (#1 on the map below).
Establish new a new Medical Service Area (#2 on the map below) with a radius extending
approximately five (5) miles beyond the city limits.
Eliminate subsidized non-medical and shopping trips to destinations outside Diamond Bar,
including trips to Ontario Airport and Fullerton Amtrak Station.
A
o
2 s y so F
Q D
s 60 F
o` h^
TN Mao o„oKao
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= Imperial Hwy
• 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 (medical trips only).
• For all users, maintain current trip allotment of 30 per month (15 round trips).
Staff estimates this option would result in annual savings up to 39.8%, or about $228,976
based on current program cost estimates.
2. Option B
• Transition to a single service area with boundaries set by the city limits, eliminating all
subsidized trips to destinations outside Diamond Bar.
• Establish a flat fare rate of $0.50 per trip within the city limits.
• Maintain the cab conversion option for users, under which riders would pay standard non -
subsidized cab fare for mileage beyond the city limits.
• For all users, maintain current trip allotment of 30 per month.
Staff estimates this option would result in an annual savings up to 72.1 %, or about $414,347
based on current program cost estimates.
3. Option C
• Maintain in -city trips (#1 on the map below).
• Maintain current medical service area boundaries (#2 on the map below).
• Eliminate subsidized non-medical and shopping trips to destinations outside Diamond Bar,
including trips to Ontario Airport and Fullerton Amtrak Station.
#2
Rlve Mde Pwy (91)
r
\_ g TN MaPmlbsm�o
Sen gYe9e Fwv 1405) h
Establish a flat fare rate of $0.50 per trip within the city limits and maintain medical trip
fares of $1.50 per trip.
For all users, maintain overall trip allotment of 30 per month (15 round trips), but limit
medical trips to destinations outside Diamond Bar to a maximum of 10 per month (5 round
trips).
Staff estimates this option would result in annual savings of up to 42.8%, or about $246,463
based on current program cost estimates.
Conclusion
Staff recommends the Council review and consider the options contained in this memo and provide
direction.
PREPARED BY-
Ryah Lean
0
CITY OF DIAMOND BAR
CITY COUNCIL STUDY SESSION
JULY 15, 2014
Agenda No. 6.1(a)
DR�
STUDY SESSION: M/Herrera called the Study Session to order at 5:30
p.m. in Room CC -8 of the South Coast Air Quality Management District/Government
Center, 21865 Copley Drive, Diamond Bar, CA 91765.
Present: Council Members Ling -Ling Chang, Nancy Lyons,
Jack Tanaka, Mayor Pro Tem Steve Tye, and Mayor Carol Herrera.
Staff Present: James DeStefano, City Manager; David DeBerry, City
Attorney; Dianna Honeywell, Finance Director; Ken Desforges, IS Director; David Liu,
Public Works Director; Greg Gubman, Community Development Director; Bob Rose,
Community Services Director; Cecilia Arellano, Public Information Coordinator; Kimberly
Young, Senior Civil Engineer; Amy Haug, Human Resources Manager; Ryan McLean,
Deputy City Manager and Tommye Cribbins, City Clerk.
Also Present: Gerard Van Steyn, President of SCI, Consulting Group.
► LANDSCAPE ASSESSMENT DISTRICTS NOS. 38, 39 AND 41 — Discussion
and Action.
DCM/DeStefano stated that the purpose of tonight's study session is to bring the
full Council up to speed on some of the work staff and the subcommittee has
been doing regarding Lighting and Landscape Assessment Districts 38, 39 and
41 relative to legal issues involved and the subsidies being used from the
General Fund about which the Council has been concerned for several years.
Tonight staff and the City's consultant will provide the Council with more detailed
information and recommendations.
CSD/Rose provided a Power Point presentation pointing out that the figure of
$2,115,902.78 represents the subsidy total for the three districts from the City's
General Fund for actual costs and personnel costs borne by each of the districts
from 2006-07 to the projected budget FY 2014-15.
MPT/Tye asked if prior to 2006-07 reserves were being used up in each of the
districts.
CSD/Rose responding stated that prior to 2006-07 each of the districts were
paying for themselves and for the personnel costs.
MPT/Tye asked how it was possible that citywide District No. 38 and the smallest
district could have the same personnel costs.
CSD/Rose pointed out that personnel costs were split evenly among the three
districts from the point of incorporation.
JULY 15, 2014 PAGE 2 CC STUDY SESSION
CSD/Rose explained that District 38 is citywide and includes more than 17,000
parcels with an assessment of $15 per year per parcel. The General Fund
subsidy is currently $140,013 which includes a pro -rated share of the personnel
costs. Improvements are considered a "general" benefit and not a "special"
benefit which in theory means that the City cannot change the assessment for
this district to a "special" benefit district because under Prop 218 a citywide
district, by its nature, provides "general" benefit because all property owners get
the same benefit. Therefore, the $15 per year cannot be changed; however, it
could be increased by a vote of the people (tax).
PWD/Liu explained that the maintenance areas are all within the public right-of-
way which is a key factor in considering the type of benefit.
CSD/Rose stated that the amount needed per parcel to eliminate the subsidy and
provide a small reserve (about 8.5% per year) would be about $25 per year.
CSD/Rose stated that District 39 is the area near Summitridge Park (300 acres of
open space) and has a current assessment of $130 per year. At one time there
was a charge of $236 per year. The assessment was reduced in the early
1990's during a routine Council presentation.
PWD/Liu explained that part of the reason was that based on the $236 charge
the reserve was building up and there was too much reserve revenue versus
expenditures for improvements.
M/Herrera asked if all of the reserves were gone in District 39.
CSD/Rose responding affirmatively, further explained that Prop 218 contains a
provision that allows the Council to set the assessment back to an historical high
assessment number with public hearings and without a vote of the public.
There are 129 maintained parcels (fire brushing, slopes and mini -parks) with 117
parcels of those parcels being private property. The district was set up with the
LLAD maintaining 117 parcels of the 129 that are maintained. The City owns 11
parcels (five mini -parks, 300 acres of open space and other open space on the
east corner of the district).
PWD/Liu introduced Gerard Van Steyn, President, SCI Consulting Group.
CSD/Rose explained that District 41 contains 56 maintained parcels, 47 of which
are private property (residence) and 9 large homeowner association parcels.
The City has one area in District 41 which is a strip along Brea Canyon Cutoff
(2000 feet long and includes fencing, landscaping and irrigation).
CSD/Rose stated that the recommendations from the subcommittee is for
District 38, to continue to subsidize the costs from the General Fund; increase
the assessment to the historical high of $236 per year from $130 per year for
JULY 15, 2014 PAGE 3 CC STUDY SESSION
District 39 which could be done incrementally over three years; and, for District
41, defer the maintenance to the HOA's and private party parcels to the
homeowner associations in which the parcels reside and keep the district in
place and reduce or eliminate the assessment.
MPT/Tye asked for an explanation of the mechanism for turning the maintenance
over to the homeowners associations.
Mr. Van Steyn explained that in situations such as this where there are
homeowner associations and developer established assessments managed by
the city. The mechanism of assignment of responsibility is ultimately the
homeowners associations that are responsible for those improvements.
Typically, through the terms of the original development approval, there is a basis
to require or ask the homeowners association to maintain some or all of the
improvements that are now being maintained by the assessment districts. Some
cities actually set up an assessment district which serves only as a backdrop in
case the homeowners associations are not properly maintaining their
improvements so that should the city need to step in and maintain the
improvements they can levy an assessment to take care of the assessment.
There will be a process of researching all of the formation documents and the
obligations of the homeowners associations. Now there is one umbrella
assessment which everyone pays into and if parceled out to the homeowners
association it is likely that the responsibility for improvements would be assigned
to the association for improvements that are either in that HOA or directly benefit
the HOA.
MPT/Tye asked how else it could be done.
Mr. Van Steyn stated that was how it was typically done.
MPT/Tye asked that in the event the HOA has to foreclose on a property and
fails to properly maintain the property what control does the City have to go back
to the HOA to get them to act responsibly.
Mr. Van Steyn said that it would be difficult to answer MPT/Tye's question
without having researched the background of the assessment districts.
M/Herrera asked what fee is being collected for District No. 41.
PWD/Liu responded $220.50 per parcel.
M/Herrera said that if the City turns over the maintenance to the HOA how would
the City justify reducing the assessment that the City has been collecting when
the HOA is doing the maintenance.
JULY 15, 2014 PAGE 4 CC STUDY SESSION
CSD/Rose said that part of the research that needs to be done is to determine
how the City would move forward. It is possible the City's assessment could be
completely eliminated because the homeowners are paying the association to
maintain the property and if the City has no further responsibility for maintaining
the property there would be no need to collect the assessments; however, there
may be other circumstances in which the City would want to continue collecting
assessments and assuming that some of the HOA's do not begin doing the
maintenance the City would need to continue doing so until everything is put in
place.
M/Herrera asked if it would be a justification for keeping District No. 41 in place
so that the City could go back and collect the $220.50 that is currently being
collected in case the HOA's fail to step up.
CA/DeBerry said that one of the ways the City could handle District 41 would be
to hire the HOA as its contractor to do the maintenance for the District and the
HOA in assessing their homeowners would have to make up the difference in the
cost. Another option would be to stop collecting the assessment and maintaining
the district; then the HOA would assess the full amount against the homeowners.
However, before selecting this option, it would need to be determined whether
the HOA's would have responsibility for maintaining the district.
M/Herrera asked if there would need to be an agreement between the City and
the HOA or merely turn it over to the HOA.
PWD/Liu said that this discussion is not about dissolving District No. 41 so that
on an annual basis staff has an opportunity to look at how things are going based
on the maintenance levels, etc. and decide whether the assessments should
continue based on an amount between zero and $220.50.
In response to M/Herrera asking about the next step in the process,
Mr. Van Steyn responded that if the Council decides to move toward assigning
some or all of the improvements and maintenance to the HOA's the likely next
step would be for staff, legal counsel and consultants to evaluate the background
information regarding formation of the HOA's, the development process, etc. to
find whether there is a solid basis for the HOA's to be responsible for the
improvements. After that analysis is concluded staff can bring back its
recommendation to the City Council about how it should proceed with offloading
some or all of the district responsibilities to the HOA's.
C/Tanaka said that one option discussed at the subcommittee level was whether
the homeowners in the assessment areas were willing to pay for the additional
costs of maintenance, so that General Funds would not have to be used they
would then be taxing themselves and allowing the City to continue maintaining
the districts.
JULY 15, 2014 PAGE 5 CC STUDY SESSION
MPT/Tye said it would entail a vote.
M/Herrera asked if it was a vote of property owners within the district only and
whether it was a vote that would be held at a polling place or by mail -in ballot.
Mr. Van Steyn said there would be two options including a benefit assessment or
special tax by mail -in of the property owners in that particular assessment district.
The law keeps changing and becomes more restricted for assessments so it is
not certain that the City could recoup or set the assessment rate sufficient to
cover all costs. The courts are indicating that there must be some contribution
for general benefits and some of what is being done within the assessment
district may not be perceived by the Courts through Prop 218 as being
appropriate. The safest course of action would be a super majority by registered
voters in a special tax election.
M/Herrera asked if a special benefit assessment applied to Districts 39 and 41
only because 38 is a "general' benefit assessment.
Mr. Van Steyn explained that the Courts have continued to push and narrow the
use of assessments attempting to render assessments not viable for any new
purpose citywide. From his view, it would be difficult to proceed with an
assessment review in District 38 without a legal risk and super majority threshold
which would be very difficult to achieve. As witnessed through past experience,
this community is not one that has embraced voting for new taxes.
CM/DeStefano said that in 2008 and 2009 the last tax vote occurred during
recessionary times when people were hit hard and he was not sure the numbers
would change much if they were asked this year or next year.
Mr. Van Steyn said his firm felt the numbers would not change that much. Some
communities are liberal and will vote for most local taxes while other communities
people are more conservative whose threshold does not vary to any significant
degree during good or bad economic times.
MPT/Tye said that people are used to what they see and if they saw something
looking ratty they might be willing to pay another $10. The City does such a
good job that people do not give it much thought. People are more likely to think
about the fact that they are subsidizing it with their tax money.
CM/DeStefano said he was having this conversation with a Council Member
today. The City cannot turn the water off and let the foliage go brown because
that is not what this City does and it makes it more difficult to sell a necessary
increase because there is no perception of a problem.
M/Herrera asked Mr. Van Steyn if he agreed the City would be able to phase in
an increase for District 39.
JULY 15, 2014 PAGE 6 CC STUDY SESSION
Mr. Van Steyn said his firms understanding about a maximum is that the
historical maximum is the maximum cities are allowed to levy and in his opinion,
Diamond Bar has a very solid basis, as evidenced by any other agencies
throughout the state that have taken a similar approach. All that being said,
there is always a caveat that there may be some small degree of risk that
someone could decide to challenge this. His firm feels very confident that the
Courts would interpret the City's increasing the assessment to a clearly
established maximum documented as part of a unanimous development
approval of the assessment.
CA/DeBerry said that part of the problem is that there is a statute that applies to
assessment rate, fees and charges, part of which does not apply to
assessments. There have been a number of cases where assessments were
raised up to a previously proposed amount which the Court determined to be
okay. It is a more convoluted legal analysis as to whether this can be done with
assessments which involves constitution provisions which were part of Prop 218.
However, he concludes that based upon those provisions the City can increase
its assessment back up to a previously imposed rate based on the language in
Prop 218. As a practical and policy matter, if it was the other way around, this
would be a disincentive for public agencies to ever reduce their assessment. He
does not believe there was any intent to provide a disincentive for public
agencies to lower rates, fees, charges and assessments. It is not clear because
there are not any cases on assessments. A number of agencies throughout the
state have done so and it could well be that no one challenges that because all of
the cases involving rates, fees and charges which are defined differently than
assessments, in every instance the Court has found that cities can raise those
rates back to previously maximum amounts.
Mr. Van Steyn said that homeowners may not like to see an increase on their tax
bills; however, when they understand these assessments are included in the
original development agreement and apply directly to their particular HOA for
their specific purposes, there has not been any major outcry. In fact, they
receive very few calls even on major assessment increases.
C/Lyons asked if the City would reach out to the community or just have it show
up on their property tax bill.
Mr. Van Steyn said that most agencies his firm works with do not do outreach
because there would be a process in place for properly handling phone calls that
might come in about the increase. An outreach program might create more
issues which is not to say that information could be passed along to the HOA.
M/Herrera asked if the City Council could, during this study session, direct staff to
take action or does it need to come back to a future City Council Regular Meeting
agenda for the Council to take action.
JULY 15, 2014 PAGE 7 CC STUDY SESSION
CA/DeBerry said that if the action is to increase the rates it would need to come
back to the City Council, or if the recommended action requires further review of
documentation to determine what ability the City has to enforce maintenance
responsibilities on the HOA for District No. 41, it would also need to come back to
the City Council to determine whether the increase is to be done in one lump
sum or phased -in over time.
CM/DeStefano suggested the recommended action could be that the City
Council directs staff to study these issues in more detail to provide the framework
toward moving to a conclusion, acknowledging that monies will be utilized for
staff time and consultant's time because a decision cannot be made at this time.
M/Herrera asked if the Council wanted staff to provide additional information on
Districts 39 and 41.
C/Chang said she would be okay receiving additional information about District
41 but did not want to change District No. 39.
CM/DeStefano stated that there could be further consideration for returning 39
and 41 to the HOA's and removing them from the LLD responsibility.
CSD/Rose said that if 39 and 41 were the same, part of the wording would
include "keep LLD No. 39 in place and reduce or eliminate the assessment
accordingly with the parks being maintained by the district for which the City
would continue the assessment. CSD/Rose said there is no HOA involved in
District 39.
PWD/Liu said there are only 1200 property owners involved in District 39.
CM/DeStefano explained that when those neighborhoods were developed, there
were established HOA's; however, they have been inactive for decades.
PWD/Liu said that District 41 has a few active HOA's and in District 39 there are
1251 individual property owners.
C/Lyons said that perhaps "looking into this further" is part of what it means to
establish basic information about how these districts were created.
CSD/Rose said that one of the complications in District 39 is the irrigation lines
that cross property boundaries. If District 39 is dissolved, technically, the
irrigation would be shut off and individuals would have to figure out how to
irrigate their properties because it is all hooked to a central water meter powered
by a central electrical meter with lines that cross all individually owned properties.
In District 41, each individual HOA has its own irrigation.
M/Herrera favors the recommendation. She would hate for staff to have to spend
a lot of time researching something that is really not feasible.
JULY 15, 2014 PAGE 8 CC STUDY SESSION
CSD/Rose explained that if there is a $236 dollar assessment on District No. 39
the City would still have to subsidize this amount by $24,407 instead of the
current $157,013.
CM/DeStefano said that number would increase as water rates, labor and
contractor costs increase.
CA/DeBerry reiterated that the private property that is being maintained is only
117 of the 1251 parcels so the burden would fall on those 117 property owners to
maintain the district.
C/Tanaka said he believes the City needs to close the gap. Some of the property
owners do not understand they own the property that the City is maintaining and
therefore approves the recommendation.
MPT/Tye said his primary concern is to get the City's budget in order and does
not understand how the City ever got in the business of taking care of private
property which probably predates everyone at the table. On that basis, he would
like to see more information and anytime he hears staff and consultants say
more research is needed, he thinks more research is needed. He would like to
be able to get rid of the "should" except that the City will always be dealing with
the Courts which is a concern. However, he believes it will take a hybrid to fix
the issue and it will have to be increasing the assessment and reducing the
amount of parcels for which the City is responsible.
M/Herrera reminded the Council that within District 39 there is the major
consideration of pipelines stretching across private properties so it might not be
achievable. At this time, there are three (Council Members) who favor the
recommendation and two who want more information. M/Herrera said that staff
has to come back to the Council with information on District 41 and can provide a
little additional information on District 39, if warranted. However, she does not
want to have staff spend a ton of time on District 39 where it might not be
feasible and there are three Council Members who like what has been
recommended.
CM/DeStefano asked for confirmation that the Council is asking staff to come
back with information adequate for the Council to make an appropriate decision.
M/Herrera confirmed staff's direction and said the information would likely be
disbursed to Council during a future study session.
C/Tanaka asked how people would know they needed to maintain their own
properties while raising the assessment to the level of necessary maintenance.
Some individuals might agree that the City is doing a good job and agree to pay
more for that to continue.
JULY 15, 2014 PAGE 9 CC STUDY SESSION
PWD/Liu said that during the past couple of months staff has been working
closely with Mr. Van Steyn. Knowing that this matter would need to be studied
further staff requested a proposal from SCI in terms of engineering assessment
services as well as, for the levy administration which is a very specialized
service. With the input and feedback received from Council this evening staff is
ready to begin working closely with Mr. Van Steyn and his company and with the
City Attorney on this matter.
Public Comments: None Offered.
ADJOURNMENT: With no further business to come before the City Council,
M/Herrera adjourned the Study Session at 6:20 p.m.
TOMMYE CRIBBINS, City Clerk
The foregoing minutes are hereby approved this day of
Carol Herrera, Mayor
2013.
Agenda No. 6.1(h)
MINUTES OF THE CITY COUNCIL
REGULAR MEETING OF THE CITY OF DIAMOND BAR
JULY 15, 2014
STUDY SESSION: 5:30 p.m., Room CC -8 @96Q
Lighting & Landscape Assessment Districts Nos. 38,
39 and 41 - Discussion and Action.
Public Comments: None.
Adjournment: Study Session adjourned at 6:20 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, California.
CM/DeStefano reported that during tonight's Study Session the City Council received a
report regarding the ongoing operating expenses for each of the three Lighting and
Landscape Assessment Districts. Following discussion, staff received direction from
Council to study the issues in greater detail and report back to them at a future City
Council meeting.
PLEDGE OF ALLEGIANCE: Mayor Herrera led the Pledge of Allegiance.
INVOCATION: Reverend Dr. Jeanne Favreau-Sorvillo, Diamond Bar
United Church of Christ 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; Ken Desforges, IS Director; David Liu, Public Works Director; Bob Rose,
Community Services Director; Dianna Honeywell, Finance Director; Greg Gubman,
Community Development Director; Cecilia Arellano, Public Information Coordinator;
Kimberly Young, Senior Civil Engineer; Ryan McLean, Deputy City Manager and
Tommye Cribbins, City Clerk.
APPROVAL OF AGENDA: As Presented.
1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: None.
2. CITY MANAGER REPORT AND RECOMMENDATIONS:
CM/DeStefano thankad staff for working together to bring the community an
outstanding 4th of July program last week. This was a very big effort with a
challenging location' The team, headed by Andee Tarazon, Community Services
Coordinator, consisted of many full and part time staff as well as, significant
resources from the Public Works Department, and Public Safety personnel,
headed by Deputy Scheller.
JULY 15, 2014 PAGE 2 CITY COUNCIL
3. PUBLIC COMMENTS:
Dr. Oariona Lowe, Pediatric Dentist, City of Whittier, representing the California
Dental Association Foundation (CDC), announced an event that is taking place in
the City of Pomona on November 20, 21, and 22. CDC Cares is a program
which provides dental services and treatment at no charge to more than 2000
patients in need.
Dr. Lowe invited everyone to participate in the CDA Cares event. Each event
costs in excess of $300,000 and most of the costs are underwritten by dentists'
donations and generous in-kind donations by local businesses, restaurants and
dental supply companies. For every $100 donated, $1100 in care is provided.
During these events, patients are provided with examinations, X-rays,
extractions, fillings, oral health education and a limited number of full and partial
dentures as well as, oral cancer screenings at low or no cost. She provided the
Council with informational folders and asked the City to consider becoming a
community partner with the organization.
Peter Pirritano announced that he is the current President of the Diamond Bar
Community Foundation and looks forward to working with the City to benefit our
youth. He and Congressman Ed Royce are partnering in a celebration of the first
Chinese President of Rotary International who will accept the Congressional
Award. He invited the City Council to attend the event which will be held at no
charge on August 8 from 12:30 p.m. to 2:00 p.m. at the Diamond Bar Golf
Course Banquet Room.
Pui-Ching Ho, Diamond Bar Library talked about the Library's Summer Reading
program and that anyone interested in more information can visit the Library's
website at www.colapublib.org, stop by the information desk at the Library or call
909-861-4978.
On Saturday, July 19 at 1:30 p.m. Marilyn Miller from the San Gabriel Valley
MAC User Group will show individuals how to utilize iPads. A library card is
required to gain access to the library's network. Laurie Strain will teach
individuals how to make chemical -free homemade dog shampoo and paw soap
Saturday, July 26 at 2:00 p.m. On Thursday, July 31 at 2:00 p.m. children of all
ages will enjoy The Wolf Who Cried Boy! puppet show.
4. SCHEDULE OF FUTURE EVENTS:
5.1 Concerts in the Park — July 16, 2014 — 6:30 p.m. to 8:30 p.m., Retro Soul
(Dance Music)— Sycamore Canyon Park, 22930 Golden Springs Drive.
5.2 Movies Under the Stars — July 16, 2014 — Immediately following Concerts
in the Park — Honey 1 Shrunk the Kids - Sycamore Canyon Park, 22930
Golden Springs Drive.
JULY 15, 2014 PAGE 3 CITY COUNCIL
5.3 Planning Commission Meeting — July 22, 2014 — 7:00 p.m., Windmill
Community Room, 21810 Copley Drive.
5.4 Parks and Recreation Commission Meeting — July 24, 2014 - 7:00 p.m.,
Windmill Community Room, 21810 Copley Drive.
5.5 City Council Meeting — August 5, 2014 — 6:30 p.m.,
SCAQMD/Government Center Auditorium, 21865 Copley Drive.
6. CONSENT CALENDAR: C/Chang moved, MPT/Tye 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 1, 2014.
6.1.2 Regular Meeting of July 1, 2014.
6.2 RECEIVED AND FILED PLANNING COMMISSION MINUTES — Regular
Meeting of June 10, 2014.
6.3 RAT!FIED CHECK REGISTER — Dated June 26, 2014 through July 9,
2014 totaling $1,563,054.49.
7. PUBLIC HEARING: None.
8. COUNCIL CONSIDERATION: None.
9. COUNCIL SUBCOMMITTEE REPORTS AND MEETING ATTENDANCE
REPORTS/COUNCIL MEMBER COMMENTS:
C/Chang said that as usual, residents can follow her on Facebook, Twitter and
Instagram. She visited Scripps College where she spoke and participated on the
panel of the new Leadership Program. The Leadership Program encourages
young women who are interested in participating in government. She enjoyed
the Concerts in the Park and congratulated staff on a wonderful 4th of July Blast.
C/Chang stated that she had spoken to many individuals who live outside of
Diamond Bar and learned that many cities charge for their fireworks show and
that the people were shocked to learn that Diamond Bar's show is free. She
thanked staff and everyone for making the event such a huge success.
C/Tanaka thanked CSD/Rose and CSCFFarazon and staff for putting on such a
wonderful 4th of July Blast with the music and fireworks nicely commemorating
the City's 25th Anniversary. Last Wednesday he attended the Concerts in the
JULY 15, 2014 PAGE 4 CITY COUNCIL
Park and Movies under the Stars which was one of the best attended movies yet
with people sidewalk to sidewalk enjoying the Movie Frozen.
On Saturday Mike's Tobacco celebrated its 15th Anniversary and the following
day (Monday) attended a Neighborhood Watch meeting conducted by Deputy
Scheller. He also thanked Volunteer Patrol member Gene Doss for participating.
He asked M/Herrera to adjourn tonight's meeting in memory of Hazel Toniutti, a
long time Diamond Bar resident.
C/Lyons announced that on Saturday, she attending her first Neighborhood
Watch meeting in the Country, which was very interesting. Participants had
many interesting and appreciative comments about Captain Scroggin who had
attended their meeting two weeks earlier.
The 4th of July Blast was enjoyed by everyone. She responded to individuals who
said the fireworks show was "free" reminding them that it was paid for with their
tax money from which they benefit. Everyone left the event happy and traffic
control was very successful.
MPT/Tye also told staff they did a wonderful job on the 41h of July Blast and the
Concerts in the Park, Birthday Celebration, etc. A lot of work went into the 4th of
July Blast and the community is grateful. He gave kudos to the Sheriff's
Department for keeping Diamond Bar safe and for solving a 20 -year old murder.
M/Herrera thanked the Sheriff's Department for many timely arrests acting on
tips, closing down Marijuana houses and keeping Diamond Bar safe and safer in
general. She is very proud to be living in the City of Diamond Bar. She is also
proud of all of the services the City provides which includes CSD/Rose and his
staff who provide all of the feel -good fuzzy things.
The 4th of July Blast was outstanding with 7000 attendees, many from other
cities. People from other cities know that Diamond Bar puts on a good show.
The music was great. The band "Bumptown" was great and kept the crowd
entertained for four hours from 5:00 p.m. to 9:00 p.m. Many were dancing
including M/Herrera who was encouraged to take the stage. Everyone had a
great time and the fireworks were spectacular.
ADJOURNMENT: With no further business to conduct, M/Herrera adjourned
the Regular City Council Meeting at 6:53 p.m. in memory of Hazel Toniutti.
TOMMYE CRIBBINS, CITY CLERK
JULY 15, 2014 PAGE 5 CITY COUNCIL
The foregoing minutes are hereby approved this day of 2014.
CAROL HERRERA, MAYOR
CITY OF DIAMOND BAR
MINUTES OF THE PARKS & RECREATION COMMISSION
DIAMOND BAR CITY HALL - THE WINDMILL ROOM
21810 COPLEY DRIVE, DIAMOND BAR, CA 91765
MAY 22, 2014
Agenda No. 6.2
CALL TO ORDER:
Chairman Owens called the Parks and Recreation Commission meeting to order at 7:00
p.m. in the City Hall Windmill Room, 21810 Copley Drive, Diamond Bar, CA 91765.
PLEDGE OF ALLEGIANCE: Commissioner Herndon led the Pledge of Allegiance.
ROLL CALL:
Present:
Commissioners Dave Grundy, Lew Herndon, Kim
Hsieh and Chairman Ted Owens
Vice Chairman Benny Liang arrived at 7:13 p.m.
!' Staff Present: Bob Rose, Community Services Director; Anthony Jordan, Parks and
Maintenance Superintendent; Jason Williams, Senior Facilities Maintenance Worker;
f - Christy Murphey, Recreation Superintendent; Andee Tarazon, Community Services
t Coordinator, and Debbie Gonzales, Administrative Coordinator.
MATTERS FROM THE AUDIENCE:
CALENDAR OF EVENTS: As presented by CSD/Rose.
1. CONSENT CALENDAR:
1.1 Approval of Minutes for April 24, 2014 Regular Meeting.
C/Grundy moved, C/Herndon seconded, to approve the April 24, 2014
Minutes as presented. Motion carried by the following Roll Call vote:
AYES: COMMISSIONERS: - Grundy, Herndon, Hsieh; .
Chair/Owens
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: VC/Liang
2. INFORMATIONAL ITEMS:
2.1 Recreation Program Update — RS/Murphey
Chair/Owens asked the maximum number of kids for the baseball
program and RS/Murphey responded about 220, depending on sign up
and which divisions go up.
MAY 22, 2014
PAGE 2 P&R COMMISSION
C/Grundy said that he noticed on the senior seminars that other than the
Alzheimer's/Dementia session, the rest were pretty lightly attended and
asked if staff takes that low enrollment/attendance into consideration
when they offer those same kinds of sessions again. RS/Murphey
responded that staff pays attention to what the seniors request and
perhaps offer the most popular more often and the less popular seminars
less often.
C/Herndon said he noticed quite a jump from what was invested in 2010
and 2011 to the more recent years City Birthday Party events and asked
for an explanation of the jump in costs. CSC/Tarazon said that obviously,
the City added more events for the 25th Anniversary Celebration this year.
A second stage was added and the City changed ride rental companies to
increase the quality and volume of rides. In addition, there was strolling
entertainment this year. In previous years prices fluctuated a lot with the
rides and the City had been changing ride companies consistently. It is
difficult to find a carnival ride company that will come out for a one -day
event and offer the big rides the City's requests. Typically, the rides
account for most of the increase in price. In general, the bigger the event
gets the more restrooms are added, another shuttle bus has to be added
and so forth, all of which add to the costs.
CSD/Rose said that between 2011 and 2012, the 2012 event was
canceled and rescheduled due to rain and accordingly, the City was hit
with additional costs.
Chair/Owens proposed that the Commission send a- letter of
congratulations to the three Older American Recognition Awards
recipients. Commissioners concurred.
2.1.1 Power Point Presentation on 4th of July Blast — CSC/Tarazon and
SFMW/Williams
C/Herndon asked if there would be disclosure to residents in the
area who might be affected by traffic and whether there would be
suggested detour routes. CSC/Tarazon said that staff would prefer
full disclosure so there are no surprises to the residents living on
the surrounding streets and that there would be detour routes as
shown on the highlighted map during the presentation.
SFMWMilliams said that Public Works will work with the Sheriff's
department to recommend the best possible solution for the
detours which will be indicated on handouts and posted on sign
boards beginning June 27. In addition, there will be deputies
stationed at all road closures to assist with the detours.
C/Hsieh asked the estimated cost of the event and CSC/Tarazon
responded that staff has budgeted $52,000 for the program costs.
C/Hsieh asked if the City pays for the use of Lorbeer Middle School
MAY 22, 2014
PAGE 3 P&R COMMISSION
and CSC/Tarazon responded that the city has not received a bill for
this year's event. In 2012 the cost was $2,000.
Chair/Owens asked where reserved parking would be located and
CSC/Tarazon responded that it would be in the lower teacher's
parking lot. The Commissioners will receive a map and letter prior
to the event and staff is recommending that Commissioners will
have to occupy their parking spaces prior to 8:00 p.m.
C/Hsieh asked if individual parking spaces would be reserved and
CSC/Tarazon said she will issue individual parking passes to each
Commissioner.
Chair/Owens asked who would be operating the concession stands
and CSC/Tarazon responded that this year it will be the Diamond
Bar Community Foundation, Fire Explorer's Post 19, Boy Scout
Troop 777 and the Walnut Valley Rotary Club.
2.2 Parks Report — PMS/Jordan
C/Grundy asked if the Commissioners. felt it would be a good idea to send
a letter to the Mormon Church to thank the volunteers that painted the
lodge poles, etc. Commissioners concurred.
Chair/Owens asked what kind of rodents are chewing up the track at
Lorbeer and PMS/Jordan responded that it was a result of gopher activity.
The school district received several complaints from parents about holes
and when staff looked at the area gopher holes were observed around the
inner perimeter of the track where temporary fencing is put up when field
renovations are conducted. There were a couple of holes adjacent to the
curb that had not been filled in and parents were concerned about people
falling into the holes. Due to the proximity of the hole being adjacent to
the curb it was not likely that someone would have fallen into the holes but
staff corrected the deficiencies.
VC/Liang asked how the Dog Park was coming along and PMS/Jordan
said that in terms of maintenance items the park is doing very well and
holding up well. There is one drinking fountain that is exhibiting premature
rusting and staff is keeping an eye.on it for possible remediation. In the
large dog park area, due to the terrain and natural slope down to the
sidewalk, the wood chips tend to migrate down and start to bleed through
the fence so staff is working on mitigation to prevent that by possibly
installing some type of screen fabric or timbers inside the fence to raise
the elevation. VC/Liang asked if there were any incidents in the park and
PMS/Jordan said he was not aware of any conflicts between owners.
CSC/Tarazon said she frequents the park and finds that everyone is
enjoying the facility. There are a good core group of people who use the
park on a daily basis and they are self-monitoring. She has two German
MAY 22, 2014
PAGE 4 P&R COMMISSION
Shepherds and has personally had a good experience on the occasion of
every visit.
C/Grundy asked for an update on the steps and CSD/Rose stated that
staff approached the State of California. There are two grants for the
Pantera Park trail, one a Habitat Conservation Grant and the other a Land
and Water Conservation Grant and both entities are reviewing the grants
for the possibility of using funds for installation of steps. The only issue
that was pointed out to staff is that if the City had initially included the
steps as part of the scope. of work on one of the grants it would have
scored lower because those entities do not like having concrete steps as
part of a trail. The entities are currently evaluating whether the funds can
be used for the steps and staff should hear soon about the outcome.
2.2.1 Power Point presentation . on Heritage and Maple Hill Parks
. Walkthroughs — PMS/Jordan.
C/Herndon asked about the possibility of placing a brace to support
the Sycamore tree at Heritage Park that is leaning heavily.
PMS/Jordan responded that it could be done but the problem would
be that it would have to go up in a certain location to brace the tree
but once that is done it begins to injure the tree and possibly
introduces bacteria and other pathogens that would lead to an early
demise of the tree. Sycamore trees have one of the lowest failure
rates of all trees and in looking at the tree he is not too alarmed
about it at this time. The tree has been in its current location for
decades and he believes it will be there for decades to come.
C/Hsieh asked if it was a characteristic of Sycamores to grow in
whatever direction. PMS/Jordan responded that in many cases
that is true. There is a disease that affects many trees called
Anthracnose, a tree fungus that can affect Sycamore trees which
can cause the Sycamores to grow in various shapes and forms. If
the Anthracnose could be removed, which is difficult to do in young
trees, the tree would grow straighter. In the undeveloped areas of
Sycamore Canyon Park there are very, very interesting structures
of Sycamore trees. PMS/Jordan said he has responded to dozens
of calls where branches and trees have fallen but cannot remember
a situation that involved a Sycamore tree which has a very, very
low failure rate.
C/Herndon asked if the City gets much action on the vending
machines. PMS/Jordan said he believed that the City received
revenue from Coca Cola. CSD/Rose said that the City collects
about $6,000 a year from all of the machines.
MAY 22, 2014 PAGE 5 P&R COMMISSION
C/Hsieh asked how much it costs to fix problems caused by
vandalism. CSD/Rose responded that if the machines are
vandalized staff calls Coca Cola to fix them at their cost.
C/Hsieh asked if there was a possibility to move the shrub at Maple
Hill to the other side of the bench and plant grass in the flatter area
so thaf parents can watch their kids playing. PMS/Jordan said that
the shrub could be removed; however, replanting is not a viable
option so the options would be to cut the shrub lower or remove it
altogether and replace it with a very low -growing shrub or turf.
C/Hsieh said that this was previously an issue and PMS/Jordan
said that it is essentially a maintenance issue of which the
contractors are aware so they need to be reminded that when they
are in the park to keep the shrub at the proper height and that
would be his preference.
C/Herndon asked about adding a bar to the rails at the skate park.
PMS/Jordan responded that there are devices called "skate
stoppers" that can be added after the fact. He is not aware of any
accidents to date.
2.3 CIP Projects — CSD/Rose
2.3.1 Construction of Grandview Trail and Grandview Trail Link —
CSD/Rose reported that this project has been delayed and
construction is expected to commence by June 2. Apparently, the
contractor needs the soils test completed before they can order the
bridge to ensure proper footings. It takes about 45-60 days for
delivery of the bridge once it is ordered. The project should be
finished by early October.
2.3.2 Update on Status of Site D Public Park — CSD/Rose reminded
Commissioners that there is a neighborhood meeting scheduled for
next week at Heritage Park beginning at 7:00 p.m. The City
Council approved only the east side of the park and not the portion
west of the channel. Notices were sent out about the meeting and
all Commissioners are invited to attend. The final decision
regarding the park is with the City Council. Staff and the consultant
will run the meeting that includes a variety of concepts that will be
presented that evening with respect to location of the parking lot
and the tot lot. Staff intends to take the concept plans back to City
Council for consideration at its June 17 meeting.
2.3.3 Design of Heritage Park Improvements — CSD/Rose 'reported
that the revised RFP is with the City Manager. The City Attorney
has reviewed and approved the RFP and as soon as staff has the
City Manager's approval the RFP will be released. The all
inclusive play areas (special needs) are included in the RFP.
MAY 22, 2014 PAGE 6 P&R COMMISSION
During the City Council's review of the budget on Tuesday night the
projects that were approved as submitted are to finish the design of
Stardust and Longview South Parks, the design and construction of
the Steep Canyon Trail, the connector to the Canyon Loop Trail,
installation of a swing set at Longview North, design of trail
improvements at Pantera Park including the stairs leading from
Pantera -Drive down to the park, and addition of trees and irrigation
- controllers to the Dog Park.
2.4 List of Pending Commission Requests — CSD/Rose stated that $2.282
million from the sale of Site D has been received from the Walnut Valley
School District. Of the $2.282 million the City was paid, $1.4 million has
been placed in a "Special Funds" category for future use throughout the
City for such items as processing an update to the City's General Plan,
review of the sewer pumping facilities for possible replacement, and
replacement of funds for programs including the Neighborhood Traffic
Management System and $800,000 reimbursement to the City's General
Fund for the original purchase of the.property, funds which were originally
taken from economic development. Over the next year to two years the
City will receive approximately $1.9 million in one-time funds from Lennar
Homes for construction permits.
The California Conservation Corp has completed the majority of the Silver
Tip Park trail but the CCC has not been able to return to complete the
wood steps due to the recent fires.
With respect to the Parks Master Plan, the five year (Multi -Year) CIP
includes design for Lorbeer which is projected for FY 2017-18 with actual
construction to take place during the following Fiscal Year. The design of
the South Point Middle School project is projected for FY 2018-19.
A copy of the report regarding the Pony League field and school district
requests was sent to all Commissioners indicating that the organizations
can work with the school districts directly.
With respect to the $500,000 question, the school board has not approved
dedication of any money toward a sports park.
As previously mentioned, staff is working with the state of California to
incorporate the steps from Pantera Drive down to the dog park as part of
the trails project.
The request for mirrors in the women's restroom has been completed.
Regarding discussion of a You Tube video that would advertise and
introduce the City's Parks to the community, the City has a You Tube site
that contains information about the parks. Since the information he
viewed was somewhat dated he spoke with PIM/Roa about that fact and
she indicated that her staff is updating the stock at this time, creating
MAY 22, 2014
PAGE? P&R
commercials for the Concerts in the Park series that will -be shown during
the concerts which will also be on You Tube, the government channel and
other places. Other items including the trails system will be introduced in
time. J.R., the City's new videographer who did the City's 25th
Anniversary video does fantastic work.
The request for trail descriptions and maps to be placed at the entry of
each trail has been added to the Multi -Year CIP list. In order to get a map
at each trailhead and each trail junction the cost of each sign is $3,500
and there are about 12 or 13 signs.
3. OLD BUSINESS: None
4. NEW BUSINESS: None
5. ANNOUNCEMENTS:
C/Herndon thanked staff for doing its usual great job.
VC/Liang thanked staff for the great job.
C/Grundy said staff is doing a great job and he appreciates the reports and
Power Point presentations, all of which are very informative. He reminded
everyone that he would not be present for the June meeting.
C/Hsieh thanked staff for the mirrors (in the park restroom) and for the great
presentations.
Chair/Owens thanked staff for another very informative meeting.
ADJOURNMENT: C/Herndon moved, C/Grundy seconded, to adjourn the Parks and
Recreation Commission meeting. With no one objecting and no further business before
the Parks and Recreation Commission, Chair/Owens adjourned the meeting at 8:20
P. M.
MAY 22, 2014 PAGE 8 P&R COMMISSION
The foregoing minutes are hereby approved this 2_8tlaay of July 2014.
Attest:
TED OWENS, CHAIRMAN
Agenda # 6. 3
Meeting Date: August 5, 2014
CITY COUNCIL �� ��' AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
FROM: James DeStefano, City Mana k--,12
TITLE: Ratification of Check Register date July 10, 2014 through July 30, 2014
totaling $ 1,899,509.52
RECOMMENDATION:
Ratify.
FINANCIAL IMPACT:
Expenditure of $ 1,899,509.52 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 10, 2014 through July 30, 2014
for $ 1,899,509.52 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:
L'
Finance Director
Attachments: Affidavit and Check Register— 07/10/14 through 07/30/14.
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 10, 2014 through July 30, 245485014 has been audited and
is certified as accurate. Payments have been allowed from the following funds in these
amounts:
Description
General Fund
Prop A - Transit Fund
Prop C - Transit Tax Fund
Intergrated Waste Management Fund
AB2766 - Air Quality Management Fund
Com Dev Block Grant Fund
LLAD 38 Fund
LLAD 39 Fund
LLAD 41 Fund
Capital Imp Projects Fund
Self Insurance Fund
Signed:
Dianna Honeywell
Finance Director
Amount
1,577,449.46
$123,446.61
$63,957.75
$30,566.18
$1,140.00
$3,412.50
$24,547.63
$23,499.06
$23,593.43
$10,592.90
$17,304.00
$1,899,509.52
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CITY COUNCIL
TO:
Honorable Mayor and N
VIA: James DeStefano, City
TITLE:
Treasurer's Statement -
RECOMMENDATION:
Approve the June 2014 Treasurer's Statement.
FINANCIAL IMPACT:
No Fiscal Impact
BACKGROUND:
y Council
Agenda # 6.4
Meeting Date: Aug S, 2014
AGENDA REPORT
Per City policy, the Finance Department presents the monthly Treasurer's Statement for the City
Council's review and approval. This statement shows the cash balances with a breakdown of various
investment accounts and the yield to maturity from investments. This statement also includes an
investment portfolio management report which details the activities of investments. All investments
have been made in accordance with the City's Investment Policy.
PREPARED BY:
Susan Full, Senior Accountant
REVIEWED BY:
`2 L
Dianna Honeywell, Finance irector
Attachments:
Treasurer's Statement, Investment Portfolio Report
CITY OF DIAMOND BAR - CITY TREASURER'S REPORT
CASH BALANCE AS OF JUNE 30, 2014
BEGINNING CASH BALANCE $28,844,250.62
CASH RECEIVED
Cash Receipts $2,196,938.03
Total Cash Received
$2,196,938.03
$31,041,188.65
EXPENDITURES
Checks Written
($2,320,132.39)
Payroll Transfers
(368,454.65)
Wire Transfers
0.00
Returned Checks
(1,518.79)
Charge Card Fees & Other Adjustments
(5,084.90)
Total Expenditures
($2,695,190.73)
CASH BALANCE AS OF: JUNE 30, 2014
$28,345,997.92
TOTAL CASH BREAKDOWN
Active Funds
General Account
($696,375.98)
Payroll Account
$50,097.28
Change Fund
$1,000.00
Petty Cash Account
$500.00
Cash With Fiscal Agent
$3.63
Unamortized Discount on Investments
$26,616.64
Total Active Funds
($618,158.43)
Investment Funds:
Local Agency Investment Fund
$8,333,075.49
Federal Agency Callable
$11,474,480.55
Bank Negotiable CDs
$7,189,902.81
Wells Fargo Advantage Money Market Fund
$1,966,697.50
Total Investment Funds
$28,964,156.35
CASH BALANCE AS OF: JUNE 30, 2014 $28,345,997.92
Average Yield to Maturity 0.871%
FY2013-14 Year -To -Date Interest Earnings $198,420.52
FY2013-14 Budgeted Annual Interest Earnings $180,950.00
CITY OF DIAMOND BAR
INVESTMENT PORTFOLIO SUMMARY REPORT
for the Month of June 30, 2014
INVESTMENTS
BOOK VALUE
PERCENT OF
PORTFOLIO
TERM
DAYS TO
MATURITY YIELD TO MATURITY
Local Agency Investment Fund
$8,333,075.49
28.77%
1
1 0.228
Federal Agency Issues - Callable
$11,474,480.55
39.62%
1,612
907 1.209
Negotiable CD's - Banks
$7,189,902.81
24.82%
1,549
1,116 1.315
Wells Fargo Sweep Account
$1,966,697.50
6.79%
1
1 0.010
Total Investments and Averages $28,964,156.35 100.00% 1023 637 0.871
TOTALS
TOTAL INTEREST EARNED
1
7
f \
'' I certify that this report accurately reflects all City pooled investments
J es DeStefa and is in conformity with the investment policy of the City of Diamond Bar
City Treasurer approved by City Council and on file in the City Clerk's office. The investment program
herein provides sufficient cash flow liquidity to meet the next six months estimated
expenditures.
7/24/2014
Date
$28,964,156.35 100.00% N/A N/A N/A
MONTH ENDING
June 30, 2014
$17,595.36
FISCAL YEAR-TO-DATE
2013-14
$198,420.52
Page 1
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Agenda 4 6 . 5
Meeting Date: August 5, 2014
CITY COUNCIL IAGENDA REPORT
oBPORC4'�
TO: Honorable Mayor and Members of the City Council
FROM: James DeStefano, City Mang `
TITLE: ADJOURNMENT OF THE AUGU T 19, 2014 CITY COUNCIL MEETING TO
SEPTEMBER 16, 2014.
RECOMMENDATION:
Approve.
FISCAL IMPACT:
None.
BACKGROUND/DISCUSSION:
Due to Monday, September 1, 2014 being a National Holiday celebrating Labor Day and one in which
governmental and local municipalities are closed, staff recommends the City Council meeting
scheduled for September 2, 2014 be cancelled. If the Council concurs with this recommendation, the
City Council meeting of August 19th shall be adjourned to the regular meeting scheduled for
September 16, 2014.
Prepared by:
:v.%z� fz
Tommye Cribbins, City Clerk
Reviewed by:
�:,Q
Ryan M L n, Deputy City Manager
CITY COUNCIL
Agenda # 6 . 6
Meeting Date: August 5, 2014
AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
VIA: James DeStefano, City Mana e
TITLE: APPROVE CONTRACT AMEND NT 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
RECOMMENDATION:
Approve.
FINANCIAL IMPACT:
A total of $50,000.00 has been approved in the FY 2014-2015 budget for Professional
Engineering Services related to the East-West Freight Corridor/Freight Plans.
BACKGROUND/DISCUSSION:
The Fiscal Year 2014/2015 City Council Goals and Objectives identify (1) completion of
the SR -57/60 Freeway "Big Fix" and (2) advocacy for transportation solutions that are
equitable in their distribution of goods movement related traffic as Traffic Mitigation
objectives. Engineering efforts to work towards the SR -57/60 Freeway "Big Fix"
objective began in March 2007 when Fehr & Peers was retained to provide technical
support in evaluating two regionally significant interchange projects (Lemon Avenue/SR-
60 and the Grand Avenue Interchange Improvements) along with the development of
conceptual alternatives for the ultimate SR -57/60 solution. Subsequently, The Tait
Group (TTG) was retained in June, 2013 to monitor and represent City interests related
to State/Federal Freight Plans.
The attached scope of work includes the continued implementation and monitoring of
transportation projects and priorities that are critical to the City. The Tait Group (TTG)
provides a day-to-day project advocate, manager, and facilitator to ensure our
issues/interests are addressed.
In 2013 and 2014, there have been numerous accomplishments with TTG and Fehr &
Peers involvement:
1. Had key meetings on the State and Federal Freight Plans with
representative/leaders at CT, CTC, Transportation Agency, and Assembly
Transportation Committee that made them aware of the significant SR -60
truck volumes.
2. SR -60 and SR -57/60 interchange is on draft Freight Plans at the State and
Federal levels. Specifically, the SR -57 and SR -60 are included in the draft
California Freight Mobility Plan and the draft 27,000 Mile Federal Primary
Freight Network.
3. SR -57/60 Confluence Project is included in the Projects of National and
Regional Significance Program under MAP -21, as submitted by Caltrans
District 7.
4. SR -57/60 Feasibility Study Project Development: led several meetings with
LA Metro, SCAG, and CT to progress the funding and scope agreements.
5. Helped to obtain $100K in competitive Federal Partnership Planning Grant
funds through Caltrans.
6. Obtained CT commitment to provide CT IQA for the Feasibility Study at no
cost to the City.
PREPARED BY: Date Prepared: July 30, 2014
David . Li irector of Public Works
Attachment: Contract Amendment No. 2 to The Tait Group Agreement
The Tait Group (TTG) Proposal, dated July 29, 2014
2
AMENDMENT NO. 2
ON-CALL CONSULTING SERVICES AGREEMENT
This Amendment No. 2 to the Consulting Services Agreement is made and entered into
this 2014 between the CITY OF DIAMOND BAR, a Municipal
Corporation (hereinafter referred to as "CITY") and THE TAIT GROUP (TTG)
(hereinafter referred to as "CONSULTANT").
A. RECITALS:
(i) The CITY has heretofore entered into an Agreement with
CONSULTANT to provide consulting services, as described in the Agreement dated
June 18, 2013
NOW, THEREFORE, it is agreed by and between CITY and CONSULTANT:
Section 1: Section 1. A. Scope of Services of the Agreement is hereby
amended to read as follows:
"A. Scope of Services. The nature and scope of the specific services to
be performed by CONSULTANT are as described in Exhibit "B", the CONSULTANT's
proposal dated July 29, 2014.
Section 2: 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 "B". Payment will be made only after submission of proper
invoices in the form specified by the CITY."
Section 3: 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. Total payment to CONSULTANT pursuant to this Amendment shall not
exceed $37,200.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 2 as of
the day and year first set forth above:
1
APPROVED AS TO FORM:
By:
City Attorney
ATTEST:
CITY OF DIAMOND BAR
Tommye Cribbins, City Clerk
DATE:
CONSULTANT:
The Tait Group (TTG)
David R. Tait, Principal
Carol Herrera, Mayor
1&5k*i6/7 _Q
The Tait Group
Consulting o Advocacy ® Management
For Transpor;atian
July 29, 2014
David G. Liu P.E.
Director of Public Works/City Engineer
City of Diamond Bar
21810 Copley Drive
Diamond Bar, CA 91765
RE: The Tait Group ("TTG") Proposal Extension
Consulting and Advocacy Services for SR 57/60 Grand Ave. Confluence Project/"Big Fix"
Strategies, Feasibility Study for SR 57/60 Missing Elements, and State/Federal Freight Plans
Dear David,
TTG greatly appreciates the opportunity to provide the City of Diamond Bar ("City") with a proposal for
the continued implementation, management and monitoring of transportation projects and priorities that
are critical to the City. As you know, your projects and state level issues that engages several government
agencies and numerous consultants could utilize a day to day project advocate, manager and facilitator to
ensure City issues are addressed in a productive and timely manner.
Since starting this effort in early 2013, there have been numerous accomplishments with TTG
involvement on the State and Federal Freight Plan and the 57/60 Feasibility Study Project Development
and Funding process.
This proposal is for TTG to provide continued consulting and project advocacy services to pursue and
monitor project implementation for three key tasks:
Task A. Funding Strategies and Implementation/Management of the Feasibility Study for
the Missing Elements at SR 57/60.
Task B: Ongoing Monitoring and coordination of City of Industry's Phases 1-4 (57/60
Grand Avenue Confluence Project)
Task C: Monitor and represent City interests related to State and Federal Freight Plan
efforts
Key elements of TTG's involvement in the three separate tasks will include:
Task A: Funding Strategies and Implementation/Management of the Feasibility Study for the 57/60
Missing Elements
• Assist City with pursuit of funding options for Feasibility Study to further study the
"Missing Components" through the Confluence Area. Finalize funding agreement(s) with
SLAG, Metro, and Caltrans to fund the Study.
2443 Fair Oaks Blvd., #383 a Sacramento; CA 95825 • 916.813.1106
• Assist SCAG, as needed, with the consultant procurement process.
• Once Study begins, assist w/project delivery, management, and issue resolution supporting
SCAG PM.
• Act as City's project manager and coordinate with SCAG PM on a regular basis to drive
and direct the process per City's expectations.
• Suggest and facilitate aggressive and innovative solutions to project issues so as to
expedite the review/approval and delivery process for the Study efforts.
• As schedule issues and project disagreements arise, suggest and advocate for timely
decisions between all parties and engage appropriate Caltrans, Metro, SCAG and City
management in the decision process.
• Assist City w/advocacy strategy to keep City of Industry focus on the Feasibility Study and
subsequent project delivery efforts as per the 2009 Joint City Council resolutions.
• Once Study begins, attend and provide strategic input/direction at all monthly Project
Development Team (PDT) meetings and any other key issue resolution/decision meetings.
Also assist with developing targeted meeting agendas. In most cases, it is extremely
effective to have TTG, as the 3rd party facilitator, lead these meetings. It is assumed the
SCAG PM would be okay w/David Tait leading the PDT process.
• Help consultant team manage ongoing project issue/action list and hold all PDT
representatives accountable at the monthly PDT meetings and throughout the month.
• Once the Study efforts start, help coordinate quarterly strategy/status meetings with
Industry, City, SCAG, CT and LA Metro with goal of keeping the Study in the project
delivery pipeline. Engage the Four Corners Transportation Policy Group when
appropriate.
• Help negotiate resolutions to project development issues between all parties in an
expedited manner. This would involve agency staff or management levels at City, Metro,
SCAG, and Caltrans, depending on the issue. If any issue is not being resolved or a timely
decision is not being made at the staff and management level, TTG can directly engage the
appropriate agency upper management representatives to help resolve the issue.
• It is unlikely that our project development process will require this, but if necessary and
assuming we have CT playing a key role, TTG can engage Caltrans HQ Sacramento
management and even Director Malcolm Dougherty to help address any project
development issue that the District in Los Angeles is not able to help resolve in a timely
manner. District management will want to solve our project development issues before it
would have to be elevated to CT Sacramento management.
• Take necessary steps to help expedite the delivery process and pursue approvals as soon as
possible to help meet the implementation goals of the City.
The following is intended to show an estimated or target implementation timeline based on the current
status and the implementation goals of the City for the Feasibility Study.
Stage Beuin Comnlete
Finalize Funding
Agreement(s) for the Study December 2013 October 2014
City Council Approval to proceed October 2014 November 2014
Consultant Team selection process November 2014 January 2015
Feasibility Study Process January 2015 July 2016
Note: If the City team is not successful in getting the Study funds in the next few months, then Task A
scope would need to be revised based on new approach and the monthly fee may potentially be reduced.
Task B• Ongoing Monitoring of City of Industry's Phases 1-4 (57/60 Grand Avenue Confluence
Project
• As directed by the City, coordinate with City of Industry on any key actions and
milestones related to Phases 1-4. As necessary, revisit with them the 2009 Joint council
resolution goals/expectations.
• Assist City in pushing/tracking Phases 1-4 w/Industry and provide any advocacy and issue
resolution role throughout the process as directed by the City. Track the City's project
goals/interests w/Industry.
• Stay engaged with Industry on a regular basis by periodically attending PDT's or other
meetings as directed by the City. Track project implementation schedule as necessary.
• Assist City with monitoring City of Industry efforts to pursue Phase 4 funding.
• As necessary, attend coordination calls with City to go over any project issues, status,
strategy and schedule.
• Provide general assistance as directed by the City.
Task C• Monitor and represent City interests related to State and Federal Freight Plan efforts
• Monitor the project development process and represent all City interests and issues w/key
State representatives.
• Stay in regular contact with Transportation Agency (Brian Annis), CTC (Susan Branson),
and CT (Bruce DeTcrra) on status, questions, process, etc.
• Attend any California Freight Advisory Committee (CFAC) meetings in the Sacramento
area. It is understood that David Liu or Steve Brown will attend any meetings in Southern
California. As needed, patch into meetings remotely.
• Provide email updates to City team members with any updates from coordination efforts
with Transportation Agency, CTC, and CT representatives.
• It is understood that Gonzalves and Sons will handle all coordination and advocacy efforts
with State legislative representatives.
• Assist with meeting agendas and notes related to any meetings held with Transportation
Agency, CTC and CT.
• Help track Federal Freight Plan development through CFAC process and other
coordination as needed.
Fee Proposal:
Based on the expected level of effort to accomplish the City's implementation goals and ongoing
management efforts for all three tasks including increased project management support for Task A at no
extra cost, TTG consulting and advocacy services will be provided at a continued monthly management
fee of $3,100 with a total not to exceed fee amount of $37,200 for a twelve month contract period from
July 1, 2014 to June 30, 2015 or until terminated by a 30 (thirty) day notice from either party. This fee
assumes the City obtains the needed funds to proceed with the Study with my additional management
support. If no matching funds, Task A would involve redefining the Study strategy and thus my role may
be reduced and my monthly fee may also be reduced.
In addition to the proposed fee, expenses such as travel and meals outside of Sacramento and hosted
conference calls will be added to invoices. One trip every few months, or for regular PDT meetings, to
the Los Angeles area is assumed. In most cases, TTG is able to share travel billing among other clients
thus reducing the expense to all clients.
If TTG's effort consistently exceeds the monthly fee, a change order or new contract can be negotiated at
the appropriate time. Toward the end of the contract period in June 2015, City and TTG can assess the
status of all project elements and the appropriate ongoing contract arrangement.
TTG looks forward to providing project advocacy and management assistance with these transportation
priorities.
Sincerely,
The Fait Group
DA V�H'R. TAIT
Prinmpal
CITY COUNCIL
Agenda # 6.7 Lai
Meeting Date: August 5, 2014
AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
VIA: James DeStefano, City Man4 —�-p
TITLE: RESOLUTION 2014 -XX: A RES LUTION GRANTING CONSENT AND
JURISDICTION TO THE COUNTY OF LOS ANGELES IN THE MATTER
OF COUNTY LIGHTING MAINTENANCE DISTRICT 10006 AND
COUNTY LIGHTING DISTRICT LANDSCAPING AND LIGHTING ACT -1
(LLA -1), DIAMOND BAR ZONE, CITY OF DIAMOND BAR, (TRACT
72295 aka WILLOW HEIGHTS RESIDENTIAL DEVELOPMENT).
DATION:
Approve.
FINANCIAL IMPACT:
The costs for the operation and maintenance of public street lights located within the
Lighting District are primarily funded by ad valorem property tax and supplemented by
street lighting assessments. The collection of property tax revenues has allowed the
Lighting Districts to maintain a low $13 annual base -assessment rate for a single family
home. For other types of property uses, such as apartments and commercial businesses,
the assessment rates are proportionately higher.
As shown on the attached Property Tax Transfer Work Sheet, the current allocated tax -
share ratio for the City of Diamond Bar is $0.051917418. Out of the City's tax share ratio,
the City would allocate $0.000669473 to County Lighting Maintenance District 10006,
with a net share to the City of $0.051247945. For example, a $10,000 increment in
assessed valuation of a parcel means that parcel will pay an additional $100 in property
taxes, of which the City would receive $5.1248 and CLMD 10006 would receive $0.0669.
Since this is a privately owned property (and a property tax revenue generating property),
the City, along with other special districts, would share a portion of the growth of the 1 %
property tax with CLMD 10006 when the properties are improved. The City does
not "lose" property tax money; rather, the City, along with other special districts, will share
the "growth" of property tax with CLMD 10006. These property tax revenues help keep
the base -rate assessment to a low $13 for a single family home in CLMD 10006.
BACKGROUND/DISCUSSION:
The area described as TRACT 72295 is being processed for annexation to the County
Lighting Maintenance District (CLMD) 10006 and County Lighting District LLA -1, Diamond
Bar Zone, in order to provide funds for the operation and maintenance of the street lights
installed by the developers. County Lighting Maintenance District 10006 is located wholly
within the jurisdictional boundary of the City of Diamond Bar and is administered by the
County of Los Angeles on behalf of the City.
As part of the approval process for the Resolution Granting Consent and Jurisdiction to
the County of Los Angeles, a separate Joint Resolution (Agenda Item (b)) should be
concurrently approved by the City. City Council approval of the joint resolution is required
between the County of Los Angeles and the City of Diamond Bar (and various other taxing
agencies) in order to approve and accept the negotiated exchange of property tax
revenues resulting from the annexation of the subject areas into CLMD 10006. With the
City's approval of the attached Joint Resolution and the Resolution Granting Consent and
Jurisdiction, there will be an exchange of property tax revenues between the City of
Diamond Bar and County Lighting Maintenance District 10006.
PREPARED BY: DATE PREPARED:
Kimberly M. Young, Senior Civil Engineer July 28, 2014
REVIEWED
David G. Liu
Director of Public Works
Attachments: Resolution No. 2014 -XX
Los Angeles County Letter, dated July 3, 2014
Area Map
2
RESOLUTION NO. 2014 -XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR,
CALIFORNIA, GRANTING CONSENT AND JURISDICTION TO THE COUNTY OF
LOS ANGELES
IN THE MATTER OF COUNTY LIGHTING MAINTENANCE DISTRICT 10006
AND COUNTY LIGHTING DISTRICT LANDSCAPING AND LIGHTING ACT -1,
DIAMOND BAR ZONE,
CITY OF DIAMOND BAR
TRACT 72295
WHEREAS, the Board of Supervisors of the County of Los Angeles is about to
commence proceedings under Divisions 7 and 15 of the Streets and Highways Code
for the annexation of territories to County Lighting Maintenance District 10006 and
County Lighting District LLA -1, Diamond Bar Zone; and
WHEREAS, street lights will be installed in the proposed annexation territory
known as Tract 72295 located in the City of Diamond Bar; and
WHEREAS, all of the land included in the proposed annexation lie within the
boundary of the City of Diamond Bar.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Diamond Bar, as follows:
SECTION 1. That the public interest, convenience, and necessity require
the maintenance of a street lighting system located within said territory as shown on
the map of the proposed annexation territory to County Lighting Maintenance District
10006 and County Lighting District Lighting Landscaping Act -1, Diamond Bar Zone,
attached and on file in the office of the County of Los Angeles Department of Public
Works.
SECTION 2. That this City Council hereby consents to the annexation of
said territory, as shown on the enclosed map, included within the boundary of said
annexation and lying within the boundary of the City of Diamond Bar.
SECTION 3. That this City Council hereby finds and determines that the
land included within the boundary of the proposed annexation lying within the
boundary of the City of Diamond Bar, will be benefited by the proposed annexation,
and hereby consents to the inclusion of said land within the proposed annexation and
to the assessment thereof.
SECTION 4. That the consent of the City of Diamond Bar is hereby given
to the commencement of the proceedings for said annexation to County Lighting
Maintenance District 10006 and County Lighting District Lighting Landscaping Act -1,
Diamond Bar Zone, by the County Board of Supervisors, and to the exercise of
exclusive jurisdiction of said Board of Supervisors over all proceedings necessary
thereto for the purpose of consummating the same, all in accordance with the
provisions of Divisions 7 and 15 of the California Streets and Highways Code.
3
SECTION 5. That the Clerk of the City Council is hereby directed to
certify and deliver two copies of this Resolution to the County of Los Angeles
Department of Public Works.
SECTION 6. The City Clerk shall certify to the passage of this Resolution
by the City Council of the City of Diamond Bar, and shall cause the same to be posted
in three (3) conspicuous places in the City of Diamond Bar, and it shall thereupon take
effect.
The City Clerk shall certify to the adoption of the Resolution.
PASSED, APPROVED AND ADOPTED this 5th day of August, 2014.
Carol Herrera, Mayor
I, TOMMYE A. 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 5th day of August,
2014, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
TOMMYE A. CRIBBINS, City Clerk
City of Diamond Bar
4
GAIL FARBER, Director
July 3, 2014
COUNTY OF LOS ANGELES
DEPARTMENT OF PUBLIC WORKS
'To Enrich Lives Through Effective and Caring Service"4 JUL 10
r
20i
Mr. James DeStefano
City Manager
City of Diamond Bar
21810 Copley Drive
Diamond Bar, CA 91765-4460
Attention Mr. David Liu
Dear Mr. DeStefano:
900 SOUTH FREMONT AVENUE
ALHAMBRA, CALIFORNIA 91903-1331
Telephone: (626) 458-5100
http://dpw.lacounty.gov
s' th A9AGE'
CI T `(X> IA""
A ALL CORRESPONDENCE TO:
P.O. BOX 1460
ALHAMBRA, CALIFORNIA 91802-1460
IN REPLY PLEASE
REFER TO FILE. T-5
STREET LIGHTING DISTRICTS
CONSENT AND JURISDICTION/NEGOTIATED TAX EXCHANGE RESOLUTIONS
RESULTING FROM ANNEXATION OF TRACT NO. 72295 TO
COUNTY LIGHTING MAINTENANCE DISTRICT 10006 AND
COUNTY LIGHTING DISTRICT LIGHTING LANDSCAPING ACT -1,
DIAMOND BAR ZONE, CITY OF DIAMOND BAR
The area shown on the enclosed map is being processed for annexation to County
Lighting Maintenance District 10006 and County Lighting District Landscaping and
Lighting Act -1, Diamond Bar Zone, in order to provide funds for the operation and
maintenance of street lights installed by the developer. The County Lighting
Maintenance District 10006 is located wholly within the jurisdictional boundary of the
City of Diamond Bar and is administered by the County of Los Angeles on behalf of the
City. Since this area is located within the City's jurisdiction, City Council approval of the
enclosed Resolution Granting Consent and Jurisdiction to the County is required to
accomplish this annexation.
In addition, enclosed is a Joint Resolution between the County and the City approving
and accepting the negotiated exchange of property tax revenues resulting from the
annexation of the subject territory to County Lighting Maintenance District 10006. For
new annexations to the lighting maintenance district, our procedures require us to
process the exchange of property tax revenues concurrent with the County Board of
Supervisors' approval of the annexation. Attached to the Joint Resolution is a Property
Tax Transfer Resolution Worksheet listing the share of the annual tax increment to be
exchanged between the City, other nonexempt taxing agencies (school -related
agencies are exempted by State law), and County Lighting Maintenance District 10006.
Mr. James DeStefano
July 3, 2014
Page 2
The tax -sharing ratios listed on the worksheet attached to the Joint Resolution were
calculated using a formula approved by the Auditor -Controller and County Counsel.
Upon the City's approval of the resolutions, we will continue the annexation process for
this project and schedule a public hearing before the Board.
The costs for the operation and maintenance of street lights located within
a County -administered lighting maintenance district are primarily funded by ad valorem
property tax. The collection of property tax revenues has allowed County Lighting
Maintenance District 10006 to maintain a $13 annual base assessment rate for a
single-family home within the Diamond Bar Zone. As shown on the Property Tax
Transfer Worksheet for Tract No. 72295, Tax Rate Area 10067, the current tax share
ratio for the City of Diamond Bar is 0.051917418. Out of the City's tax share, the City
would allocate 0.000669473 to County Lighting Maintenance District 10006, with a net
share to the City of 0.051247945, or monetarily speaking, a $10,000 increment in
assessed valuation of a parcel means that the parcel will pay an additional $100 in
property taxes, of which the City would receive $5.1248 and County Lighting
Maintenance District 10006 would receive $0.0669.
We have prepared the resolutions for your use in this matter. Please have the
resolutions executed and returned to us in the enclosed self-addressed envelope
by August 26, 2014.
If you have any questions, please contact Ms. Tigist Desta of Traffic and Lighting
Division, Street Lighting Section, at (626) 300-4755.
Very truly yours,
GAIL FARBER
Director of Public Works
Assistant Deputy Di
Traffic and Lighting,
TD:dj
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CITY COUNCIL
Agenda # 6.7 (b)
Meeting Date: August 5, 2014
AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
VIA: James DeStefano, City Man
TITLE: RESOLUTION 2014 -XX: JOINT RESOLUTION OF THE BOARD OF
SUPERVISORS OF THE COUN 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
BLVD. AND BREA CANYON ROAD TO COUNTY LIGHTING
MAINTENANCE DISTRICT 10006.
RECOMMENDATION:
Approve.
FINANCIAL IMPACT:
The costs for the operation and maintenance of public street lights located within the
Lighting District are primarily funded by ad valorem property tax and supplemented by street
lighting assessments. The collection of property tax revenues has allowed the Lighting
Districts to maintain a low $13 annual base -assessment rate for a single family home. For
other types of property uses, such as apartments and commercial businesses, the
assessment rates are proportionately higher.
As shown on the attached Property Tax Transfer Work Sheet, the current allocated tax -
share ratio for the City of Diamond Bar is $0.051917418. Out of the City's tax share ratio,
the City would allocate $0.000669473 to County Lighting Maintenance District 10006, with a
net share to the City of $0.051247945. For example, a $10,000 increment in assessed
valuation of a parcel means that parcel will pay an additional $100 in property taxes, of
which the City would receive $5.1248 and CLMD 10006 would receive $0.0669.
Since this is a privately owned property (and property tax revenue generating), the City,
along with other special districts, would share a portion of the growth of the 1% property tax
with CLMD 10006 when the property is improved. The City does not "lose" property tax
money; rather, the City, along with other special districts, will share the "growth" of property
tax with CLMD 10006. Again, these property tax revenues help keep the base -rate
assessment to a low $13 for a single family home in CLMD 10006. The assessment,
however, will be levied against the benefited property owners.
BACKGROUND/DISCUSSION:
The area described as Tract 72295 known as the residential development of Willow Heights
is being processed for annexation to the County Lighting Maintenance District (CLMD)
10006 and County Lighting District LLA -1, Diamond Bar Zone, in order to provide funds for
the operation and maintenance of street lights installed by the developer. County Lighting
Maintenance District 10006 is located wholly within the jurisdictional boundary of the City of
Diamond Bar and is administered by the County of Los Angeles on behalf of the City.
City Council approval of the joint resolution is required between the County of Los Angeles
and the City of Diamond Bar (and various other taxing agencies) in order to approve and
accept the negotiated exchange of property tax revenues resulting from the annexation of
the subject areas into CLMD 10006. The share of the annual tax increment to be
exchanged between the City and other affected taxing agencies is listed in the attached
worksheets in the Resolution.
As part of the approval process for the Resolution Granting Consent and Jurisdiction to the
County of Los Angeles, the Joint Resolution should be concurrently approved by the City.
With the City's approval of the attached Joint Resolution and the Resolution Granting
Consent and Jurisdiction, there will be an exchange of property tax revenues between the
City of Diamond Bar and County Lighting Maintenance District 10006.
PREPARED BY:
DATE PREPARED:
Kimberly M. Young, Senior Civil Engineer July 28, 2014
REVIE ED BiO
Da d G. Liu
Director of Public Works
Attachment: Resolution No. 2014 -XX
2
RESOLUTION NO. 2014 -XX
A 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 VALLEY MUNICIPAL
WATER DISTRICT - ORIGINAL AREA, THE BOARD OF DIRECTORS OF THE WALNUT
VALLEY WATER DISTRICT, AND THE BOARD OF DIRECTORS OF THE WALNUT
VALLEY WATER IMPROVEMENT DISTRICT NO. 3, THE BOARD OF DIRECTORS OF
THE WALNUT VALLEY WATER IMPROVEMENT DISTRICT NO. 4 APPROVING AND
ACCEPTING THE NEGOTIATED EXCHANGE OF PROPERTY TAX REVENUE
RESULTING FROM ANNEXATION OF TRACT 72295
TO COUNTY LIGHTING MAINTENANCE DISTRICT 10006
WHEREAS, pursuant to Section 99.01 of the Revenue and Taxation Code, prior to
the effective date of any jurisdictional change that will result in a special district providing
one or more services to an area where those services have not previously been provided
by any local agency, the special district and each local agency that receives an
apportionment of property tax revenue from the area must negotiate an exchange of
property tax increment generated in the area subject to the jurisdictional change and
attributable to those local agencies; and
WHEREAS, the Board of Supervisors of the County of Los Angeles, acting on
behalf of the County Lighting Maintenance District 10006, the County General Fund, the
County Public Library, the Consolidated Fire Protection District of Los Angeles County,
the Los Angeles County Flood Control Drainage Improvement Maintenance District, and
the Los Angeles County Flood Control District; 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 Valley Municipal Water District - Original Area; the Board
of Directors of the Walnut Valley Water District; the Board of Directors of the Walnut
Valley Water District Improvement District No. 3; and the Board of Directors of the
Walnut Valley Water District Improvement District No. 4 have determined that the
amount of property tax revenue to be exchanged between their respective agencies as a
result of the annexation proposal identified as Tract 72295 to County Lighting
Maintenance District 10006 is as shown on the attached Property Tax Transfer
Resolution Worksheet.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
1. The negotiated exchange of property tax revenues between the County Lighting
Maintenance District 10006, the County General Fund, the County of Los Angeles
Library, the Consolidated Fire Protection District of Los Angeles County, the County of
Los Angeles Flood Control Drainage Improvement Maintenance District, the Los Angeles
County Flood Control District, the Greater Los Angeles County Vector Control District,
3
the County Sanitation District No. 21 of Los Angeles County, the City of Diamond Bar;
the Three Valleys Municipal Water District - Original Area; the Walnut Valley Water
District; the Walnut Valley Water District Improvement District No. 3 and the Walnut
Valley Water District Improvement District No. 4 resulting from the annexation proposal
identified as Tract 72295 to County Lighting Maintenance District 10006 is approved and
accepted.
2. For fiscal years commencing on or after July 1, 2015, or the July 1 after the
effective date of this jurisdictional change, whichever is later, the property tax revenue
increment generated from the area within Tract 72295, Tax Rate Area 10067 shall be
allocated to the affected agencies as indicated in the attached Property Tax Transfer
Resolution Worksheet.
3. No transfer of property tax revenues other than those specified in Paragraph 2,
shall be made as a result of the annexation of Tract 72295.
4. If at any time after the effective date of this Resolution, the calculations used
herein to determine initial property tax transfers or the data used to perform those
calculations are found to be incorrect, thus producing an improper or inaccurate property
tax transfer, the property tax transfer shall be recalculated and the corrected transfer
shall be implemented for the next fiscal year, and any amounts of property tax received
in excess of that, which is proper shall be refunded to the appropriate agency.
PASSED, APPROVED AND ADOPTED this 5t" day of August, 2014, by the following
vote:
Carol Herrera, Mayor
I, TOMMYE A. 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 5t" day of August, 2014, by the following
vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
TOMMYE A. CRIBBINS, City Clerk
City of Diamond Bar
4
Agenda # g , g
Meeting Date: 815114
CITY COUNCIL AGENDA REPORT
IF
R�RPOR9�,
TO: Honorable Mayor and Members of the City Council
FROM: James DeStefano, City Mana e
TITLE: APPROVAL OF CONTRACT WIT ARCHITERRA DESIGN GROUP FOR
THE COMPLETION OF THE DESIGN OF CONSTRUCTION
DOCUMENTS FOR THE ADA RETRO -FIT OF LONGVIEW PARK
SOUTH AND STAR DUST PARK IN THE AMOUNT NOT TO EXCEED
$10,000.
RECOMMENDATION: Approve.
FINANCIAL IMPACT: Funds for this contract are included in the 2014115 FY
budget. Funds are from the Community Development Block Grant (CDBG).
BACKGROUND: The City Council awarded a contract amendment for this work to
Architerra Design Group on January 21, 2014. However, the amendment was made to a
contract first awarded in 2009. The Community Development Commission of LA County
(CDC), which oversees CDBG in Diamond Bar will not fund an amendment to a contract
that is 5 years old. Therefore, this new contract with Architerra Design Group is
required. The tasks that will be completed by Architerra Design Group under this
contract are:
1. Obtain Structural Calculations and shop drawings for Longview Park South and Star
Dust Park.
2. Review and show all CAL Green requirements on plans for both parks.
3. Review and note that Storm Water Pollution Prevention Plan requirements for both
parks are to be submitted by the contractor.
4. Prepare and modify plans to be in compliance with Diamond Bar Water Conservation
Landscaping Ordinance. Includes MAWA and EAWU calculations for both parks.
5. Review and indicate Construction Waste Reduction requirements for both parks.
6. Revise plans to provide a separate water meter and service line to the drinking
fountain of both parks.
7. Prepare and submit plans of both parks for review and approval by Walnut Valley
Water District.
8. Calculate and indicate on grading plans for both parks the Cut and Fill earthwork
quantities.
9. Calculate and indicate the quantity of water that will be discharged to the street
through pipes for both parks.
DISCUSSION: The proposal from Architerra Design Group for this work totals
$4,275. Approval of this contract authorizes the City Manager to approve change orders
up to the $10,000 contract amount. Contract costs are all paid with CDBG funding.
This contract will result in the completion of the construction documents for Longview
Park South and Star Dust Park. The actual construction of improvements at these two
parks will not start until funding becomes available. It is expected that staff will request
Architerra Design Group to provide bidding and construction observation services for
these two park projects, but the cost of those services will not come before the City
Council for consideration until the Council awards the construction contract for each
park project.
PREPARED AND REVIEWED BY:
B ose`
Director of Community Services
Attachments:
Proposed Contract with Architerra Design Group dated August 5, 2014
Proposal from Architerra Design Group dated July 24, 2014
CONSULTING SERVICES AGREEMENT
THIS AGREEMENT is made as of August 5, 2014 by and between the City of
Diamond Bar, a municipal corporation ("City") and Architerra Design Group, Inc.
("Consultant").
RECITALS
A. City desires to utilize the services of Consultant as an independent contractor to
provide consulting services to City as set forth in the City's Request for Proposals.
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 Consultant's
Response, dated July 24, 2014 to the City's oral Request for Proposals.
B. Level of Services/Time of Performance. The level of and time of
the specific services to be performed by Consultant are as set forth in Exhibit "A."
2. Term of Agreement. This Contract shall take effect Auqust 5, 2014 and
shall continue until June 30, 2019 unless earlier terminated pursuant to the provisions
herein.
3. Compensation. City agrees to compensate Consultant for services 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. Total payment to Consultant pursuant to this Agreement shall not
exceed $10,000.
4. General Terms and Conditions. In the event of any inconsistency
between the provisions of this Agreement and Consultant's proposal, the provisions of
this Agreement shall control.
5. Addresses.
City:
James DeStefano
City Manager
City of Diamond Bar
21810 Copley Drive
Diamond Bar, CA 91765-4178
Consultant:
Richard Krumwiede
President
Architerra Design Group, Inc.
10221-A Trademark Street
Rancho Cucamonga, CA 91730
6. Status as Independent Consultant.
A. Consultant is, and shall at all times remain as to City, a wholly
independent contractor. Consultant shall have no power to incur any debt, obligation, or
liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor
any of its agents shall have control over the conduct of Consultant or any of
Consultant's employees, except as set forth in this Agreement. Consultant shall not, at
any time, or in any manner, represent that it or any of its agents or employees are in
any manner agents or employees of City.
B. Consultant agrees to pay all required taxes on amounts paid to
Consultant under this Agreement, and to indemnify and hold City harmless from any
and all taxes, assessments, penalties, and interest asserted against City by reason of
the independent contractor relationship created by this Agreement. In the event that
City is audited by any Federal or State agency regarding the independent contractor
status of Consultant and the audit in any way fails to sustain the validity of a wholly
independent contractor relationship between City and Consultant, then Consultant
agrees to reimburse City for all costs, including accounting and attorney's fees, arising
out of such audit and any appeals relating thereto.
C. Consultant shall fully comply with the workers' compensation law
regarding Consultant and Consultant's employees. Consultant further agrees to
indemnify and hold City harmless from any failure of Consultant to comply with
applicable worker's compensation laws. City shall have the right to offset against the
amount of any fees due to Consultant under this Agreement any amount due to City
from Consultant as a result of Consultant's failure to promptly pay to City any
reimbursement or indemnification arising under this Section 6.
7. Standard of Performance. Consultant shall perform all work at the
standard of care and skill ordinarily exercised by members of the profession under
similar conditions.
8. Indemnification. Consultant shall indemnify, defend with counsel
approved by CITY, and hold harmless CITY, its officers, officials, employees and
volunteers from and against all liability, loss, damage, expense, cost (including without
limitation reasonable attorneys fees, expert fees and all other costs and fees of
litigation) of every nature arising out of or in connection with Consultant's negligence,
recklessness or willful misconduct in the performance of work hereunder or its failure to
comply with any of its obligations contained in this AGREEMENT, except such loss or
damage which is caused by the sole active negligence or willful misconduct of the CITY
(meaning that Consultant shall indemnify and defend CITY notwithstanding any alleged
or actual passive negligence of CITY which may have contributed to the claims,
damages, costs or liability). Should CITY in its sole discretion find Consultant's legal
counsel unacceptable, then Consultant shall reimburse the CITY its costs of defense,
including without limitation reasonable attorneys fees, expert fees and all other costs
and fees of litigation. The Consultant shall promptly pay any final judgment rendered
against the CITY (and its officers, officials, employees and volunteers) with respect to
claims determined by a trier of fact to have been the result of the Consultant's
negligence, recklessness or willful misconduct. It is expressly understood and agreed
that the foregoing provisions are intended to be as broad and inclusive as is permitted
by the law of the State of California and will survive termination of this Agreement.
9. Insurance. Consultant shall at all times during the term of this Agreement
carry, maintain, and keep in full force and effect, with an insurance company authorized
to do business in California and approved by the City (1) a policy or policies of broad -
form comprehensive general liability insurance with minimum limits of $1,000,000.00
combined single limit coverage against any injury, death, loss or damage as a result of
wrongful or negligent acts by Consultant, its officers, employees, agents, and
independent contractors in performance of services under this Agreement; (2) property
damage insurance with a minimum limit of $500,000.00; (3) automotive liability
insurance, with minimum combined single limits coverage of $500,000.00; (4)
professional liability insurance (errors and omissions) to cover or partially cover
damages that may be the result of errors, omissions, or negligent acts of Consultant, in
an amount of not less than $1,000,000 per claim; and (5) worker's compensation
insurance with a minimum limit of $500,000.00 or the amount required by law,
whichever is greater. City, its officers, employees, 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 canceled, (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, except 10 days for non-payment of premium. Consultant agrees that it
will not cancel, reduce or otherwise modify the insurance coverage as to the minimum
coverage's specified above.
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 that A VII.
C. Consultant shall submit to City (1) insurance certificates indicating
compliance with the minimum worker's compensation insurance requirements above,
and (2) insurance policy endorsements indicating compliance with all other minimum
insurance requirements above, not less 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. Additional Insured
Endorsements shall be executed in a manner acceptable to both parties.
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. The City acknowledges
such documents are instruments of Consultant's professional services. The City agrees
to indemnify, defend and hold Consultant harmless from and against any claims, costs,
losses and damages as a result of the City's misuse or reuse of such drawings,
specifications whether in print or in electronic form.
12. Conflict of Interest.
A. Consultant covenants that it presently has no interest and shall not
acquire any interest, director or indirect, which may be affected by the services to be
performed by Consultant under this Agreement, or which would conflict in any manner
with the performance of its services hereunder. Consultant further covenants that, in
performance of this Agreement, no person having any such interest shall be employed
by it. Furthermore, Consultant shall avoid the appearance of having any interest which
would conflict in any manner with the performance of its services pursuant to this
Agreement.
B. Consultant covenants not to give or receive any compensation,
monetary or otherwise, to or from the ultimate vendor(s) of hardware or software to City
as a result of the performance of this Agreement. Consultant's covenant under this
section shall survive the termination of this Agreement.
13. Termination. Either party may terminate this Agreement with or without
cause upon fifteen (15) days' written notice to the other party. However, Consultant
shall not terminate this Agreement during the provision of services on a particular
project. The effective date of termination shall be upon the date specified in the notice
of termination, or, in the event no date is specified, upon the fifteenth (15th) day
following delivery of the notice. In the event of such termination, City agrees to pay
Consultant for services satisfactorily rendered prior to the effective date of termination.
Immediately upon receiving written notice of termination, Consultant shall discontinue
performing services.
14. Personnel. Consultant represents that it has, or will secure at its own
expense, all personnel required to perform the services under this Agreement. All of the
services required under this Agreement will be performed by Consultant or under it
supervision, and all personnel engaged in the work shall be qualified to perform such
services. Consultant reserves the right to determine the assignment of its own
employees to the performance of Consultant's services under this Agreement, but City
reserves the right, for good cause, to require Consultant to exclude any employee from
performing services on City's premises.
15. Non -Discrimination and Equal Employment Opportunity.
A. Consultant shall not discriminate as to race, color, creed, religion,
sex, marital status, national origin, ancestry, age, physical or mental handicap, medical
condition, or sexual orientation, in the performance of its services and duties pursuant to
this Agreement, and will comply with all rules and regulations of City relating thereto.
Such nondiscrimination shall include but not be limited to the following: employment,
upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and selection for training,
including apprenticeship.
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.
D. Executive Order 11246 requires that during the performance of
this Agreement, CONSULTANT agrees not to discriminate against any employee or
applicant for employment because of race,'religion, sex, color or national origin.
CONSULTANT will take affirmative action to ensure that applicants are employed, and
that employees are treated during employment, without regard to their race, religion,
sex, color or national origin. Such action shall include, but not be limited to the
following: employment, upgrading, demotion, or transfer, rates of pay or other forms of
compensation, and selection for training, including apprenticeship. CONSULTANT
agrees to post in conspicuous places, available to employees and applicants for
employment, notices to be provided by the CONSULTANT setting forth the provisions of
this nondiscrimination clause.
E. Section 3 of the Housing and Community Development Act of
1968, as amended, 12 U.S.C. 1701 et. seq., requires that, to the greatest extent
feasible, opportunities for training and employment be given to lower income residents
of the project area and contracts for work in connection with the project be awarded to
business concerns which are located in or owned in substantial part by persons residing
in the area of the project.
16. Title VI of the Civil Rights Act of 1964 provides that no person shall, on
the ground of race, color or national origin, be excluded from participation in, be denied
the benefits of, or be subject to discrimination under any program or activity receiving
federal financial assistance.
17. Section 109, Title I of the Housing and Community Development Act
of 1974 provides that no person shall, on the grounds of race, color, national origin, or
sex be excluded from participation in, be denied the benefits of, or be subjected to
discrimination under any program of activity funded in whole or in part with funds made
available under this title.
18. Any prohibition against discrimination on the basis of age under the Age
Discrimination Act of 1975, or with respect to an otherwise qualified handicapped
individual, as provided in Section 504 of the Rehabilitation Act of 1973, shall also
apply.
19. 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.
20. Performance Evaluation. For any contract in effect for twelve months or
longer, a written annual administrative performance evaluation shall be required within
ninety (90) days of the first anniversary of the effective date of this Agreement, and
each year thereafter throughout the term of this Agreement. The work product required
by this Agreement shall be utilized as the basis for review, and any comments or
complaints received by City during the review period, either orally or in writing, shall be
considered. City shall meet with Consultant prior to preparing the written report. If any
noncompliance with the Agreement is found, City may direct Consultant to correct the
inadequacies, or, in the alternative, may terminate this Agreement as provided herein.
21. Compliance with Laws. Consultant shall comply with all applicable laws,
ordinances, codes and regulations of the federal, state, and local governments.
22. Non -Waiver of Terms, Rights and Remedies. Waiver by either party of
any one or more of the conditions of performance under this Agreement shall not be a
waiver of any other condition of performance under this Agreement. In no event shall
the making by City of any payment to Consultant constitute or be construed as a waiver
by City of any breach of covenant, or any default which may then exist on the part of
Consultant, and the making of any such payment by City shall in no way impair or
prejudice any right or remedy available to City with regard to such breach or default.
23. 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.
24. 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.
25. Governing Law. This Contract shall be interpreted, construed and
enforced in accordance with the laws of the State of California.
26. 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.
27. County Lobbying Certification.
The Consultant certifies that:
(1) It is understood that each person/entity/firm who applies for a
Community Development Commission contract, and as part of that process, shall certify
that they are familiar with the requirements of Los Angeles County Chapter 2.160, (Los
Angeles County Ordinance 93-0031) and;
(2) That all persons/entities/firms acting on behalf of the above named
firm have and will comply with the County Code, and;
(3) That any person/entity/firm who seeks a contract with Community
Development Commission shall be disqualified there from and denied the contract and,
shall be liable in civil action, if any lobbyist, lobbying firm, lobbyist employer or any other
person or entity acting on behalf of the above named firm fails to comply with the
provisions of the County Code.
28. Federal Lobbying Certification.
The Consultant certifies that:
(1) No Federal appropriated funds have been paid or will be paid, by or
on behalf of the Consultant, to any person for influencing or attempting to influence an
officer or employee of any agency, a Member of Congress, an officer or employee of
Congress, or an making of any cooperative agreement, and the extension, continuation
renewal, amendment, or modification of any Federal contract, grant, loan or cooperative
agreement.
(2) If any funds other than Federal appropriated funds have been paid
or will be paid to any person for influencing or attempting to influence an officer or
employee of any agency, Member of Congress, an officer of employee of employee of
any agency, Member of Congress in connection with this Federal contract, grant, loan,
or cooperative agreement, the Consultant shall complete and submit Standard Form -
LLL, "Disclosures Form to Report Lobbying", in accordance with its instructions.
(3) The Consultant shall require that the language of this certification
be included in all subcontracts and that all subconsultants shall certify and disclose
accordingly.
29. Records and Audits. The Consultant shall maintain accounts and
records, including personnel, property and financial records, adequate to identify and
account for all costs pertaining to this Agreement and such other records as may be
deemed necessary by the City to assure proper accounting for all project funds, both
federal and non-federal shares. These records will be made available for audit
purposes to the City or any authorized representative, and will be retained five years
after the expiration of this Agreement unless permission to destroy them is granted by
the City. (24CFR Part 84, Sec. 84.53)
30. County of Los Angeles Program Requirements
A. Contractor's Warranty of Compliance With County's Defaulted Property
Tax Reduction Program
The Consultant acknowledges that the County has established a goal of
ensuring that all individuals and businesses that benefit financially from the County
through contract are current in paying their personal and real property tax obligations
(secured and unsecured roll) in order to mitigate the economic burden otherwise
imposed upon the County and its taxpayers. Unless the Consultant qualifies for an
exemption or exclusion, the Consultant warrants and certifies that to the best of its
knowledge it is now in compliance, and during the term of this Contract will maintain
compliance, with the County's Defaulted Tax Program, found at Los Angeles County
Ordinance No. 2009-0026 and codified at Los Angeles County Code, Chapter 2.206.
Failure of the Consultant to maintain compliance with the requirements set forth in
the "COUNTY's DEFAULTED PROPERTY TAX REDUCTION PROGRAM" shall
constitute default under this Contract. Without limiting the rights and remedies available
to the City under any other provision of this Contract, failure of the Consultant to cure
such default within 10 days of notice shall be grounds upon which the City may suspend
or terminate this contract pursuant to the County's Defaulted Property Tax Reduction
Program found at Los Angeles County Ordinance No. 2009-0026 and codified at Los
Angeles County Code, Chapter 2.206.
B. Conflict of Interest
The Consultant, its agents and employees shall comply with all applicable
Federal, State and county laws and regulations governing conflict of interest including,
but not limited to, 24 CFR Section 570.611 and 24 CFR Part 85, Section 85.36 (b). The
Consultant agrees to incorporate the language found in this Section, Conflict of Interest,
in contracts using CDBG funds and subject to compliance with conflict of interest
Federal, State and County laws.
The general rule shall be that no person described in Persons covered
section below of this Section, Conflict of Interest, who exercises, or has exercised any
function or responsibilities with respect to CDBG activities, or who is in a position to
participate in a decision making process or gain inside information with regards to such
activities, may obtain financial interest or benefit from a CDBG-assisted activity, or have
a financial interest in any contract, subcontract, or agreement with respect to a CDBG-
assisted activity, or with respect to the proceeds of the CDBG-assisted activity, either
for themselves or those with whom they have business or immediate family ties, during
their tenure or for one year thereafter.
Persons covered — The conflict of interest provisions of the Section,
Conflict of Interest, shall apply to any person who is an employee, agent, consultant,
officer, or elected official or appointed official of the CITY, or of any designated public
agencies, or of any subrecipients that are receiving CDBG funds.
The Consultant represents, warrants and agrees that to the best of its
knowledge, it does not presently have, nor will it acquire during the term of this contract,
any interest direct or indirect, by contract, employment or otherwise, or as a partner,
joint venture or shareholder (other than as a shareholder holding a one (1%) or less
interest in publicly traded companies) or affiliate with any business or business entity
that has entered into any contract, subcontract or arrangement with the County of Los
Angeles or Community Development Commission. Upon execution of this contract and
during its term, as appropriate, the Consultant shall disclose in writing to the County any
other contract or employment during the term of this contract by any other persons,
business or corporation in which employment will or may likely develop a conflict of
interest between the County's and/or Community Development Commission's interest
and the interests of the third parties.
31. 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.
32. 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:
Tommye Cribbins, City Clerk
Approved as to form:
City Attorney
CITY OF DIAMOND BAR
0
Carol Herrera, Mayor
"CONSULTANT"
-39
Its:
EXHIBIT "A"
July 24, 2014
Bob Rose
Community Services Director
City of Diamond Bar
21810 Copley Drive
Diamond Bar, CA, 91765
RE: LANDSCAPE ARCHITECTURAL SERVICES, Extra Services at Stordust and
Longview South Parks
Dear Mr. Rose,
We are proceeding with the corrections to the Construction Document packages for the
Stardust and Longview South Park Improvements based on the Plan Review Comments from
the Building & Safety and Engineering Departments. Inprocessing this work, we have found
that some of the requested items are beyond the original Scope of Services and Fee for this
portion of the work.
While providing general plan check corrections was included in the scope of services, some
of the corrections requested require additional services. The additional scope of work items
are described in more detail below.
1. Obtain Structural Calculations and shop drawings for the shade structures at both
parks.
2. Review and show all CAL Green requirements on plans for both parks.
3. Review and note that Storm Water Pollution Prevention Plan requirements for both
parks are to be submitted by the contractor.
4. Prepare and modify plans to be in compliance with Diamond Bar Water Conservation
Landscaping Ordinance. Includes MAWA and EAWU calculations for both parks.
5. Review and indicate Construction Waste Reduction requirements for both parks.
6. Revise plans to provide a separate water meter and service line to the drinking fountain
at both parks.
7. Prepare and submit plans of both parks for review and approval by Walnut Valley
Water District.
8. Calculate and indicate on grading plans for both parks the Cut and Fill earthwork
quantities.
9. Calculate and indicate the quantity of water that will be discharged to the street
through pipes for both parks.
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The total additional fee requested for the above extra services is $4,275.M
We have every effort to minimize these additional costs. If you would like, we would be
happy to discuss this extra service request with you in more detail at your convenience. We
are looking forward to completing the construction documents for this park, getting it
approved and ready to bid.
Sincerely,
Approved: City of Diamond Bar
By:
WChamlee Titli
Director of Production
Date:
Appended to and part of original Agreement for Professional Services between Architerra
Design Group (ADG), and the City of Diamond Bar dated September 9, 2009.
Fees for Professional Services
Services outlined under the Scope of Services shall be provided for the fixed sum stipulated in
the Agreement For Professional Services.
The following costs shall be reimbursed at cost plus 15% and are not included in the Fee for
Professional Services:
A. Expense of reproductions for generation of original drawings, plan check submittals and
construction bidding, including printing, Xerox copying, photo reproductions.
B. All automobile mileage shall be paid at the standard rate for business automobile use as
set forth by the Internal Revenue Service,
C. Cost of postage and shipping expenses other than first class mail.
D. Photographic services, film and processing.
Cost of models, special rendered exhibits, promotional photography, special process
printing, special equipment, special printed reports or publications maps and documents
approved in advance by Client.
F. Agency Processing and fees paid for securing approval of agencies having jurisdiction
over the Project (Plan check fees, variance applications, etc.).
Fees for additional special consultants retained with the approval of Client.
Additional Services
The Consultant may incur expenses and costs, which are not included in the Basic Fee for
Service. If authorized by the client through written job change order confirmation, the
Consultant will perform said Additional Services on a time and material basis, according to
the following schedule:
Principal $150.00/Hour
Director of Design $125.00/Hour
Project Manager $ 95.00/Hour
Landscape Designer $ 75.00/Hour
Clerical $ 45.00/Hour
Agenda # 6 . 9
Meeting Date: August 5 2014
CITY COUNCIL AGENDA REPORT
j9S4
TO: Honorable Mayor and Members of the City Council
VIA: James DeStefano, City Mana e
TITLE: AWARD OF PROFESSIONAL ENGI EERING SERVICES CONTRACT TO
TAIT AND ASSOCIATES INC. FOR A COMPREHENSIVE
GROUNDWATER DRAINAGE STUDY AT COLD SPRINGS DRIVE,
AMBUSHERS STREET, CLEGHORN DRIVE, FLAP JACK 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.
RECOMMENDATION:
Award.
FINANCIAL IMPACT:
For Fiscal Year 2014-2015, the Capital Improvement Program (CIP) Budget included an
appropriation of Measure R Funds in the amount of $100,000 for the comprehensive
groundwater drainage study.
DISCUSSION:
The study is to develop a comprehensive plan and priority list to address several areas
of groundwater and/or surface area drainage that staff has observed for several years.
These areas require on-going maintenance and attention beyond routine drainage
maintenance. The areas to be evaluated include (see attached location map):
a. Groundwater under Cold Springs Lane just east of Diamond Bar
Boulevard
b. Groundwater drainage onto Flap Jack Drive cul-de-sac through curb core
c. Ambushers Street groundwater through existing parkway drains
d. Golden Springs Drive sidewalk drainage near Rancheria Road
(Northminster Church)
e. Brea Canyon Road sidewalk drainage near Sapphire Lane (Edison Pole
Drainage)
f. Drainage onto Copley Drive in front of City Hall through parkway drain
g. 20834 Moonlake drainage through parkway drain
h. 20532 Calpet drainage through parkway drain
i. Groundwater under Cleghorn Drive just north of Grand Avenue
A Request for Proposals was issued on June 6, 2014 to initiate the process of selecting
a qualified civil engineering consultant to provide professional engineering services for a
comprehensive drainage study. On June 30, 2014, three (3) civil engineering consulting
firms submitted proposals and the fees as indicated below:
Tait and Associates, Inc. $60,475.00
Hall & Forman, Inc. $53,965.00
DMS Consultants, Inc. $28,730.00
The proposals were reviewed and evaluated by staff. Tait and Associates, Inc. was
selected because of their extensive experience with similar projects in other agencies,
and their good standing as a reliable and competent civil engineering consultant. Tait
and Associates, Inc. also demonstrated the best project understanding, approach, and
methodology that best fits the City's needs.
As part of the scope of work, Tait will prepare a comprehensive drainage analysis report
that includes geotechnical investigations, development of design concept plans and
construction cost estimates for each of the proposed areas. Each area will be prioritized
and maybe considered in future Capital Improvement Program (CIP) as funding permits.
The tentative project schedule is as follows:
Award of Contract
Begin Study
Final Study Report
PREPARED BY:
Christian Malpica, Associate Engineer
REVIEWED BY:
Davidie Liu, Director of Public Works
Attachment: Location Map
Contract Agreement
August 2014
August 2014
December 2014
Date Prepared: July 30, 2014
I.
2.
3.
4.
5.
6.
7.
8.
9.
LOCATION MAP
COLD SPRINGS LANE EAST OF DIAMOND BAR BOULEVARD
FLAP JACK DRIVE CUL-DE-SAC
AMBUSHERS STREET
GOLDEN SPRINGS DRIVE NEAR NORTHMINSTER 4
PRESBYTERIAN CHURCH
EDISON POLE ON BREA CANYON ROAD
COPLEY DRIVE IN FRONT OF CITY HALL
20834 MOONLAKE STREET
20532 CALPET DRIVE
CLEGHORN DRIVE EAST OF GRAND AVENUEI�
CONSULTING SERVICES AGREEMENT
THIS AGREEMENT is made as of August 5, 2014 by and between the City of
Diamond Bar, a municipal corporation ("City") and Tait and Associates, Inc.,
("Consultant").
RECITALS
A. City desires to utilize the services of Consultant as an independent contractor
to provide consulting services to City as set forth in Exhibit "A", the City's Request for
Proposals dated June 20, 2014.
B. Consultant represents that it is fully qualified to perform such consulting
services by virtue of its experience and the training, education and expertise of its
principals and employees.
NOW, THEREFORE, in consideration of performance by the parties of the covenants
and conditions herein contained, the parties hereto agree as follows:
1. Consultant's Services.
A. Scope of Services. The nature and scope of the specific services
to be performed by Consultant are as described in Exhibit "B" the Consultant's
Proposal, dated June 30, 2014 to the City's Request for Proposals.
B. Level of Services/Time of Performance. The level of and time of
the specific services to be performed by Consultant are as set forth in Exhibit "B."
2. Term of Agreement. This Agreement shall take effect August 5, 2014,
and shall continue until September 5, 2014 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 Sixty Thousand Four Hundred Seventy Five Dollars ($60,475).
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: Jacob Vandervis
City of Diamond Bar Chief Operating Officer
21825 Copley Drive Tait and Associates, Inc.
Diamond Bar, CA 91765-4178 701 N. Parkcenter Dr.
Santa Ana, CA 92705
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 attorneys fees, expert fees and all other costs and fees of
litigation) of every nature arising out of or in connection with Consultant 's negligence,
recklessness or willful misconduct in the performance of work hereunder or its failure to
2
comply with any of its obligations contained in this Agreement, except such loss or
damage which is caused by the sole active negligence or willful misconduct of the City
(meaning that Consultant shall indemnify and defend City notwithstanding any alleged
or actual passive negligence of City which may have contributed to the claims,
damages, costs or liability). Should City in its sole discretion find Consultant's legal
counsel unacceptable, then Consultant shall reimburse the City its costs of defense,
including without limitation reasonable attorneys fees, expert fees and all other costs
and fees of litigation. The Consultant shall promptly pay any final judgment rendered
against the City (and its officers, officials, employees and volunteers) with respect to
claims determined by a trier of fact to have been the result of the Consultant's
negligence, recklessness or willful misconduct. It is expressly understood and agreed
that the foregoing provisions are intended to be as broad and inclusive as is permitted
by the law of the State of California and will survive termination of this Agreement.
9. Insurance. Consultant shall at all times during the term of this Agreement
carry, maintain, and keep in full force and effect, with an insurance company 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; (4)
professional liability insurance (errors and omissions) to cover or partially cover
damages that may be the result of errors, omissions, or negligent acts of Consultant, in
an amount of not less than $1,000,000 per occurrence and at least $1,000,000
aggregate; and (5) worker's compensation insurance with a minimum limit of
$500,000.00 or the amount required by law, whichever is greater. City, its officers,
employees, attorneys, and volunteers shall be named as additional insureds on the
policy(ies) as to comprehensive general liability, property damage, and automotive
liability. The policy (ies) as to comprehensive general liability, property damage, and
automobile liability shall provide that they are primary, and that any insurance
maintained by the City shall be excess insurance only.
A. All insurance policies shall provide that the insurance coverage shall not
be non -renewed, canceled, reduced, or otherwise modified (except through the addition
of additional insureds to the policy) by the insurance carrier without the insurance carrier
giving City thirty (30) day's prior written notice thereof. Consultant agrees that it will not
cancel, reduce or otherwise modify the insurance coverage.
B. All policies of insurance shall cover the obligations of Consultant pursuant
to the terms of this Agreement; shall be issued by an insurance company which is
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,
C7
and (2) insurance policy endorsements indicating compliance with all other minimum
insurance requirements above, not less that one (1) day prior to beginning of
performance under this Agreement. Endorsements shall be executed on City's
appropriate standard forms entitled "Additional Insured Endorsement", or a substantially
similar form which the City has agreed in writing to accept.
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
El
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.
61
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.
L
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:
11
CITY OF DIAMOND BAR
la
Tommye Cribbins, City Clerk Carol Herrera, Mayor
Approved as to form:
A
David A. DeBerry, City Attorney
"CONSULTANT"
in
Its:
EXHIBIT "A"
CITY OF DIAMOND BAR REQUEST FOR PROPOSAL
DEPARTMENT OF PUBLIC WORKS AMENDMENT NO.1
21810 COPLEY DRIVE RFP DUE DATE: June 30, 2014, at 3:00 P.M.
DIAMOND BAR, CA 91765
909-839-7040
REQUEST FOR PROPOSALS
Comprehensive Drainage Study
AMENDMENT NO. 1
ISSUED: June 20, 2014
The following are responses to questions received regarding the Subject RFP dated June
6, 2014.
Please sign this Amendment where designated and return the executed copy with the'
submission of your proposal. This amendment is hereby made part of the referenced
request for proposal as though fully set forth therein. Any questions regarding this
amendment should be addressed to:
Kimberly M. Young, P.E.
Senior Civil Engineer
City of Diamond Bar
Department of Public Works
21810Copley Drive
Diamond Bar, CA 91765
(909) 839-7044
Email: kyoung@diamondbarca.gov
1
CITY OF DIAMOND BAR REQUEST FOR PROPOSAL
DEPARTMENT OF PUBLIC WORKS AMENDMENT NO, 1
21810 COPLEY DRIVE RFP DUE DATE: June 30, 2014, at 3:00 P.M.
DIAMOND BAR, CA 91765
909-839-7040
A SIGNED COPY OF THIS AMENDMENT MUST BE SUBMITTED WITH YOUR
SEALED PROPOSAL
(A) The Due Date for submission of proposals is Monday, June 30, 2014 at 3:00pm
(B) The FY 14-15 Capital Improvement Program budget allocated $100,000 to
complete the Comprehensive Study as outlined in the scope of services.
(C) Pursuant to section III. Professional Engineering Services Subsection 7,
Geotechnical Engineering Services must be provided by the proposer as they
deem necessary. The City may have geotechnical reports from the development
of each area in the archive files for some of the areas identified in the proposal
that the successful proposing firm will have access to, however any additional
studies, analysis, testing, etc. deemed necessary shall be the responsibility of
the proposer.
(D) This study is not intended to develop full PS&E packages for each area identified.
Rather, the purpose of the study is to develop feasible conceptual designs to
address each respective drainage issue identified and an associated design and
construction cost estimate to allow staff to develop a priority list for
implementation of each project for design and construction in future Capita!
Improvement Program Budgets.
Note to All Bidders:
All other provisions of the Request for Proposal shall remain in their entirety.
Vendor hereby acknowledges receipt and understanding of the above amendment.
Signature
Type Name & Title
E-mail address
Date
Company Name
Address
City State Zip
City of Diamond Bar
21810 Copley Drive . Diamond Bar, CA 91765-4178
(909) 839-7000 • Fax (909) 861-3117
www. Diamond BarCA.gov
June 6. 2014
To Civil Engineering Firms:
SUBJECT: Request for Proposals to Provide Professional Engineering
Services for a Comprehensive Drainage Study
I. INTRODUCTION
The City of Diamond Bar is soliciting proposals to conduct professional engineering
services for a Comprehensive Drainage Study.
This project is to develop a comprehensive plan to address several areas of
groundwater and/or surface drainage areas of concern that staff has been
.observing for several years. As shown in Exhibit A, The areas of concern are:
a. Groundwater under Cold Springs Lane just east of Diamond Bar
Blvd,
Carol Herrera b. Groundwater drainage onto Flap Jack Drive cul-de-sac through
Mayor curb core
Steve Tye c. Ambushers Groundwater through existing parkway drains
Mayor Pro Tem d. Golden Springs Drive sidewalk drainage near Rancheria Road
(Northminster Church)
Ling -Ling Chang e. Brea Canyon Road sidewalk drainage near Sapphire Lane
Council Member (Edison Pole Drainage)
f. Drainage onto Copley Drive in front of City Hall through parkway
Nancy A. Lyons drain
Council Member g. 20834 Moonlake drainage through parkway drain
h. 20532 Calpet drainage through parkway drain
Jack Tanaka i. Groundwater under Cleghom Drive just north of Grand Ave.
Council Member
II, PROJECT TIMELINES
The Consultant shall prepare an engineering study which identifies a proposed
design for each area identified to remedy the respective drainage issue. The
study shall include a prioritized list based on the field investigation and input from
staff, preliminary design plans and associated engineer's estimates for the City to
program the projects into the multi-year Capital Improvement Program Budget.
This study with associated plans and engineer's estimates shall be completed
within 6 months of the issuance of a Notice to Proceed.
CITYOF DIAMOND BAR
ANNIVERSARY -
CELEBRATION
gcbeaoa h�
Request for Proposals — A Comprehensive Drainage Study
Page 2
III. PROFESSIONAL ENGINEERING SERVICES
Proposals for the Comprehensive Drainage Study shall be submitted. The
proposals shall identify each task to be included as part of the project. At a
minimum these tasks shall include:
1) Meet with the City staff prior to the beginning of work to discuss
background, scope, objectives, and any other pertinent details of the
project. Consultant shall also attend periodic meetings with City staff at
various stages of the project as needed.
2) Collect and review all existing information pertaining to this project, including
the available soils reports, improvement and utility plans.
3) Perform a complete field review. Collect and review all existing field
conditions and information pertaining to the proposed project. Obtain all
available improvement and utility plans from the appropriate agencies.
4) Conduct a utility search for all utilities within the project limits. Review the
location of the existing utilities, surface and subsurface structures and
proposed improvements.
5) The Consultant shall prepare preliminary plans for the proposed concepts,
and cost estimates as noted under the Introduction. The improvement
plans shall be prepared in 20" scale and submitted in 11"x17" sheet format
and in Adobe Acrobat Format. The Consultant shall prepare in Microsoft
Excel format and submit the proposed construction cost estimate on 8 Yi' x
11" sheets. The cost estimate shall be prepared in a tabular form for each
construction item showing quantity, unit, unit price, and total cost. All
estimate back-up calculations by plan sheet shall also be submitted.
6) It is the City's intention to use the Standard Specifications for Public Works
Construction (latest edition) and the Standard Plans for Public Works
Construction (latest edition), in conjunction with the City standard
specifications and plans. The Consultant shall provide copies of referenced
standard plans from other sources.
7) Provide geotechnical services as deemed necessary for each respective
site.
IV. CITY SUPPORT
A. Existing soils and geotechnical reports, street and utility plans in
the City's possession.
V. PROPOSED FORMAT AND CONTENT FOR EACH PROPOSAL
A. Project Team
An organization chart indicating principals and key project team
members. Also provide resumes of the key personnel involved
with this project including personnel from sub -consultants.
Request for Proposals —A Comprehensive Drainage Study
Page 3
B. Firm's Experience
List a maximum of three (3) projects which yourfirmhas designed
for other public agencies in the greater(j,�s Angelesarea Provide
the following information: location, owner, construction cost, year
the design was completed, year the construction was completed,
your project manager's and engineer's name.
If any portion of the project is sub -contracted, provide similar
information for a maximum of three projects.
C. Project Understanding
Describe the approach and methods that will be used to meet the
project requirements. Also, identify any potential concerns or
problems that your firm anticipates during the term of this project.
D. Project Scheduling
Provide a schedule identifying milestones for the major tasks in
the development of a comprehensive drainage study, beginning
with the Notice to Proceed.
E. Resource Requirements
Provide a man hour and fee estimate by item identified in Section
III, Also provide a total "Not to Exceed" fee for the project. Please
state all assumptions upon which the estimates are based. Fees
shall be included in a separate sealed envelope.
F. Fee Schedule
Provide the hourly rates of all personnel assigned to the project.
These rates will be used to negotiate any additional work the City
may request.
G. Insurance
Proof of insurance requirements addressed in the professional
services agreement of this Request for Proposal shall be
submitted by the selected Consultant upon execution of the
contract for submittal to the City Council.
The selected Consultant must submit a "Statement Certifying
Insurance Coverage" certifying that the required insurance
coverage will be obtained by the Consultant, and that the
Consultant understands said coverage is prerequisite for entering
into an agreement with the City. The Consultant is required to
confirm with its insurance carrier that it can meet all the
requirements for insurance. Failure to meet the insurance
regulations as set forth shall result in the Consultant's
disqualification.
H. References
List of at least three (3) municipal references must be provided.
Include contact person, address, and telephone number.
Request for Proposals — A Comprehensive Drainage Study
Page 4
VI. SUBMITTAL OF PROPOSALS
Three (3) copies of the proposal shall be presented in a sealed envelope with the
fee proposal(s) in a separate sealed envelope bearing the name, address and
telephone number of the individual or entity submitting the proposal and shall be
addressed to:
Ms. Kimberly M. Young, P.E.
Senior Civil Engineer
City of Diamond Bar
Department of Public Works
21810 Copley Drive
Diamond Bar, CA 91765-4177
The envelope shall be clearly marked with the notation "DO NOT OPEN —
PROPOSAL." The proposal shall be delivered to the addressee on or before
3:00 P.M. on June 31, 2014.
VII. RIGHT TO REJECT ALL PROPOSALS
The City reserves the right to reduce or revise elements of the scope of work prior
to the award of any contract. Furthermore, the City reserves the right to reject any
or all proposals submitted; and no representation is made hereby that any contract
will be awarded pursuant to this Request for Proposal, or otherwise.
All costs incurred in the preparation of the proposal, in the submission of additional
information and/or in any other aspect of a proposal prior to the award of a written
contract will be borne by the proposer.
The City shall only provide the staff assistance and documentation specifically
referred to herein and shall not be responsible for any other cost of obligation of any
kind which may be incurred by the proposing firm. All proposals submitted to the
City in response to this RFP shall become property of the City.
Vlll. QUESTIONS
If you have an intention to submit a proposal and/or have any questions regarding
the project, please call Ms. Kimberly M. Young, Senior Civil Engineer at (909) 839-
7044.
Sincerely,
d G. Liu, P.E.
Director of Public Works
Attachments:
Exhibit A -Project Vicinity Maps for each proposed drainage area to be studied
Exhibit B -Consulting Services Agreement
� 4 w
Iij TAIT
June 30`h, 2014
Ms. Kimberly Young, P.E.
Senior Civil Engineer
City of Diamond Bar
Department of Public Works
1810 Copley Drive
Diamond Bar, CA 91765-4177
P n4,550 P, 20C ibli I'M
EXHIBIT "B"
N, N Pnr4<en,,, ori,, S,m,a Ana, CA 92705
Re: Proposal to Provide Professional Engineering Services for a Comprehensive Drainage Study
Dear Kimberly,
Tait & Associates (TAIT) is pleased to provide The City of Diamond Bar with this proposal to provide
professional engineering services. We understand that the City is seeking a design consultant to prepare
a drainage study for nine locations throughout the City. It is our understanding that the proposed
drainage study will include. preliminary designs and cost scenarios which could then ultimately be
incorporated into the City's CIP at a later date.
TAIT is a Southern California based family owned engineering firm founded by Dr. Kenneth E. Tait, P.E.
Established in 1964 TAIT has grown to have 9 offices throughout the Western United States
(Headquarters in Santa Ana, CA). TAIT has approximately 150 associates who work together as a team
to provide a full range of engineering services including; plan check services, roadway, utilities, drainage,
site development, surveying & mapping, water quality, energy, water / waste water, design build, and
environmental
Tait has carefully analyzed and hand selected our proposed team for this project in order to provide the
best services to the City of Diamond Bar. Thomas Hawksworth, PE, Director of Engineering and
Hydrology Manager for Tait, will serve as the Project Manager on this contract. Thomas has managed or
designed every complex hydrology project for Tait over the past 12 years and brings a wealth of
knowledge to this project team. Assisting Thomas on the contract will be David Sloan, PE, who will serve
as Deputy Project Manager and Project Engineer on this contract. David, having worked with the City of
Diamond Bar over the past 4 years on multiple design and construction projects will serve as the point of
contact for the City during the course of the contract. Finally, Todd Schmieder, PE will act as QA/QC
Manager on this contract. Todd, having prior City of Diamond Bar plan check experience and who
currently serves as the County of Orange plan check manager for Tait, is the best candidate to review
the submittals for the City to ensure they are to the standards required.
Cover Letter
TAIT
nL1►IO. n BAR
City of Diamond Bar
Proposal for Professional Engineering Services for a Comprehensive Drainage Study
Tait is also excited to partner with Leighton Consulting, Inc. as our designated Geotechnical Engineer on
this contract. Leighton, having over two decades of prior geotechnical engineering experience in the
City of Diamond Bar, brings a wealth of knowledge to the project team that is unrivaled by any other.
Their understanding of the City's existing conditions will undoubtedly be a great asset to the design and
analysis of this project.
Tait has prepared a detailed and successful project approach for this contract that incorporates our
Quality Control, Cost Control, and commitment to Effective Communication in order to successfully
complete each work item for the City. Our scope of work includes scheduling regular meetings with the
City, multiple site visits to confirm dry and wet conditions, geotechnical field explorations, and the
preparation of a detailed geotechnical and drainage study that proposes the recommended fixes for
each location.
We understand that TAIT will have contractual obligation with the City of Diamond Bar with regard to
this project. Our legal name is Tait & Associates, Inc. and we are a California Corporation (00495510)
headquartered at 701 Park Center Drive, in the city of Santa Ana, CA 92705. Our primary phone number
is (714) 560-8200 and our fax number is (714) 560-8211.
We aim to act as an extension of the City's staff and will place an emphasis on Customer Service which
has been and will remain one of TAIT's Corporate Goals "To Completely Satisfy our Customers". We are
very excited to be given this opportunity to propose on this project and look forward to starting a
successful relationship with the City of Diamond Bar.
The contact person for this procurement will be Thomas Hawksworth, P.E. located at: 701 Park Center
Drive, Santa Ana, CA 92705 (714) 560-8200 who you may call at any time during the period of the
proposal evaluation.
Sincerely,
Tait & Associates
S,
�/"Y ,
Jacobandervis
Chief iperating Officer
Cover Letter
' I TAIT .
SDIUMONDBUR
City of Diamond Bar
Proposal for Professional Engineering Services for a Comprehensive Drainage Study
Based on our review of the RFP, we have prepared the following work items forth is project. In an effort
to provide flexibility to the City for the contract and budget, a base scope of work has been presented
first, followed by alternate work items that the City may choose to include based on available funds and
observed field conditions during the design project:
1) Design Kickoff Meeting/Project Meetings
Design Kickoff Meeting
A design kick-off meeting with TAIT's key team members City staff, and other affected parties, will be
held at the start of the project to identify clear lines of communication and review the final scope,
schedule, milestones and other project details of concern. At this meeting the project's schedule will be
confirmed with the City. It is anticipated that the City will provide all pertinent record information for
the existing City streets including as -built plans, record plans, CAD files and GIS files, for the proposed
segements at the kickoff meeting.
Based on our actual NTP date, TAIT will prepare and present an update of our project schedule to be
reviewed with the City Project Manager during our Kick-off Meeting. Any revisions or adjustments that
need to be made to the project schedule will be thoroughly discussed with the City Project Manager
prior to finalization.
For the kickoff meeting and for each project meeting, Tait will prepare a meeting agenda for initial
circulation. Upon completion of the meetings, Tait will also prepare meeting minutes for circulation,
review and comments. All meeting agendas, minutes and exhibits will be filed in our project folder for
final submittal to the City at the completion of the project.
Status Update Meetings
Based on a six month project duration, Tait has included a total of 5 additional project meetings with
City Staff (that may include private property owners) in order to discuss the design progress and
potential solutions and field issues that may come up. Tait will stay in constant contact with the City
throughout this project to ensure that the City is fully satisfied with our progress and communication on
this project.
Deliverables:
• Meeting Agenda & Minutes (Each Meeting)
• Updated Project Schedule
2) Existing Records Research & Review
This task will include a research of record Information from City files, acquiring existing available survey
information (assessor maps, County Recorders office property descriptions, tract maps, parcel maps,
records of survey, etc.— as necessary) and utility information. It is anticipated that the information
collected during the research phase will be used to assist in the development of the project base maps.
C) Project Understanding& Approach
F9aIT., Page I 19 a, g
QL1JI ,•D B,1R
City of Diamond Bar
�s Comprehensive Drainage Study
Proposal for Professional Engineering Services for a Cog
_ y�
The existing City roadway as built plans forth e existing streets and available CAD and GIS files will be
reviewed for potential use. The City provided geotechnical data and pavement rehabilitation
recommendations will also be reviewed as part of this task's work effort.
In addition, TAIT will document contact and coordinate with other public and private
agencies/entities/jurisdictions involved to inform them about the project and obtain their records,
approval, and permit requirements.
Deliverables:
✓ Digital Copies of Obtained Records
A-1) Optional Field Survey Services
Design survey services are not included as part of the base scope. Upon completion of the records
research, design field review and initial design analysis, if field surveying services are deemed to be
required, Tait will provide all necessary surveying services with our in-house survey department. An
alternate fee for a single day's field survey, base mapping and analysis has been included in the fee
proposal for the City's review. This work item will not be charged to the City without prior written
authorization is received.
Deliverables:
✓ Field Survey Data (CAD & Point Files)
3) Design Field Review & Analsys
In order to adequately observe the site and provide recommendations, it is anticipated that multiple site
visits will be required. At a minimum, the following three site visits are included as part of this scope of
work:
Initial Site Visit
An initial site visit will be initiated in conjunction with the kickoff meeting to review each site with City
staff. The purpose of this field visit will be to ensure Tait has a full understanding of the City's design
requirements and observed field conditions. Tait will document and photograph the existing site
conditions at this meeting for future correlation with the provided design records and research. This
field walk will also serve as an opportunity to field locate the existing drainage inlets, conveyance
systems and drainage patterns.
Detailed Site Visit
Upon receipt and review of the city's existing design and geotechnical records and completion of initial
design scenarios, Tait will conduct a second detailed site visit that will be aimed to verify the record field
conditions, and take further field data based on the proposed design scenarios. Due to the fact that
some of the drainage issues originate in private homeowner's backyards, Tait will rely on the City staffs
contact with private property owners to authorize any investigations within private property.
C ) Project Understanding& Approach 'I TACT Page 1 20
DL'Ist . B,1R
City of Diamond Bar
Proposal for Professional Engineering Services for a Comprehensive Drainage Study
Post Rain Event Site Visit (If Possible)
Finally, Tait will schedule at least one site visit during, or immediately after, a rain event in order to
document the effect that the storm flows have on the current flow rates. This field walk will be critical
for proposing an initial design scenario since it will help verify initial sizing requiremnets for the
conveyance systems, and will also allow our design team to verify the area and extent of impact for each
location. Tait will coordinate with City staff prior to scheduling the field walk so that City staff has the
option to be present at the walk, if desired.
Deliverables:
✓ Field Notes & Photos
✓ Correspondence Notes with any Residents/Stakeholders
4) Utility Coordination & Research
As part of our base scope of work, Tait will prepare and distribute a single utility notice requesting all
available records for the select project areas. Tait will review all obtained record data and will
coordinate with utilities that may be affected in order to obtain further design and construction
requirements. All utility coordination, records and data will be compiled at the end of the project and
will be submitted to the City for future reference.
Deliverables:
• Utility Records Request Notice
✓ Utility Correspondence and Design Records
5) Geotechnicallnvestiation & Report
Tait & Associates has obtained the services of Leighton Consulting, Inc. to conduct all required
geotechnical field investigations and prepare a geotechnical report for this project. It has been assumed
that all required field investigations will be conducted within the public right of way, and that right of
entry permits will not be required for this project.
The geotechnical services will be tailored to understand the subsurface soil and groundwater conditions
in the wet areas. The scope of geotechnical services will include:
Initial Site Visit & Analysis:
• Obtain and review geotechnical reports available from the City of Diamond Bar. If available, such
reports may provide information as to the earth units present, groundwater conditions at the time
of grading, the presence of any existing subdrain systems and other geologic data which may
suggest the cause of water seepage in the various areas. We will also review regional geologic maps
and historical aerial photographs relevant to the area. We also suggest that utility records/plans in
the area of seepage be reviewed. Seepage is common along utility trenches or where utility
C ) Project Understanding& Approach II TAIT Page 1 21
City of Diamond Bar
.r„
Proposal for Professional Engineering Services for a Comprehensive Drainage Study
trenches cross streets and disrupt drainage flow. We will also review available records for
information about historic groundwater levels (where available).
• Visit each of the areas where shallow groundwater and surface water problems have been noted.
We will observe the site conditions and the general distribution of earth units. We will also observe
the conditions in nearby surrounding areas for evidence of wet conditions and additional water
sources. While in the field we will consider possible mitigation opportunities and preliminary
concepts to mitigate the nuisance water. We will also review possible locations to collected
subsurface data.
Sub -surface Investigation, Testing & Report
• As part of the base scope, we propose to drill, log and sample 6 to 8 hollow -stem auger borings (one
day's worth) in street areas were shallow groundwater conditions are noted. The full scope of this
work would be determined based on our initial review and the findings of our site visits. We will
notify Underground Service Alert at least 48 hours prior to commencing our subsurface work to
locate major utilities, underground services and easements. The borings will be used to explore the
subsurface soil and groundwater conditions and will be advanced to a maximum depth of about 15
to 20 feet, depending on the site conditions. The borings will be excavated by a subcontracted drill
rig operator and will be logged by a member of our technical staff. Where feasible, hand -auger
borings may also be used. Representative bulk and relatively undisturbed soil samples will be
collected at specified intervals and transported to our laboratory for testing. We have assumed that
a no -fee permit can be obtained from the city for work in the streets and that traffic control in
accordance with the Watch manual will be sufficient.
• Laboratory testing will be conducted on collected samples for in-situ dry density and moisture
content, maximum dry density/optimum moisture content, for use in evaluating the soil moisture,
and R -value, for pavement design.
• Data evaluation and analysis will be performed and/or supervised by a Professional Engineer and
Certified Engineering Geologist in accordance with the standard of care provided by our industry in
this area for this type of project
• The results of the study will be summarized in a report presenting our findings, conclusions and
preliminary recommendations to limit future nuisance water.
C) Project Understanding& Approach I I TAIT P a g e 1 2 2
U010.'iD BAR
City of Diamond Bar
Proposal or Pro,essaon
P aIl Engineering Services for a Comprehensive Drainage Study
Upon completion of the geotechnical investigation, Tait will incorporate the findings in to the design
recommendations and will include all data as an appendix to our final design report.
Deliverables:
✓ Geotechnical Investigation Field Notes & Pictures
✓ Test Data, Reports, and Findings
✓ Geotechnical Report
A-2) As -Needed Additional Geotechnical Field Investigation
Depending on the findings and results of our initial design scenarios and field findings, as an option, we
will drill, log and sample an additional 6 to 8 hollow -stem auger borings (based on a single day of field
exploration) in street areas to obtain additional data in areas where shallow groundwater conditions are
noted. We will also conduct additional laboratory tests on collected samples per the base scope., Data
obtained from the additional subsurface investigation will be incorporated into the final report for the
project.
Deliverables:
✓ Additional Geotechnical Investigation Field Notes & Pictures
✓ Additional Test Data, Reports, and Findings
6) Drainage Analysis Report, Preliminary Design Plans & Scenario Cost Estimates
Upon completion of the design and geotechnical field investigations, Tait will prepare a comprehensive
drainage analysis report that includes design scenario0s and cost estimates for each of the proposed
site locations. The following is a brief description of each component for the report:
Drainage Analysis Report:
Tait will prepare a full drainage analysis for each of the nine proposed sites. The report will include a
discussion on the project scope, approach, existing site conditions (topography, hydrology; geology, etc),
discussion of site investigations and findings, and a presentation of the proposed design scenario and
any alternate design scenarios that may be applicable.
The drainage analysis report will also include the proposed design plans, cost estimates and the
previously completed geotechnical report as appendices to the report.
Preliminary Design Plans:
As part of the design analysis, Tait will prepare 11x17 conceptual design plans for the preferred scenario
of each of the nine locations. The plans will depict the existing roadway geometry, sub -surface utilities,
C ) Project Understanding& Approach '� TAIT Page 1 23
DL1.KO.�D B�1R
18 r
City of Diamond Bar
Proposal for Professional Engineering Services for a Comprehensive Drainage Study
and pertinent site design data obtained from records such as existing drainage patterns and connection
invert elevations.
Scenario Cost Estimates:
Finally, as part of the drainage analysis report, Tait will prepare a cost scenario for each of the nine
location's preferred and alternate design scenarios. This cost estimate will be reviewed by the City for
future incorporation in to the CIP budget in order to solicit a final design which will be used for
construction. The scenario estimates will include projected design, construction, construction
management and City staff costs in order to provide as accurate of a projected cost as possible.
Submittals
Tait will submit an initial draft report to the City for review and comment per the proposed projet
schedule. Upon receipt of the City's comments, Tait will meet with the City and will incorporate the
received comments into a final report for submittal to the City.
Deliverables:
✓ Draft Drainage Study Report (Digital & 2 Hard Copies)
Final, Drainage Study Report (Digital & 2 Signed Hard Copies)
C) Project Understanding& Approach I I TAI T Page 1 24
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CITY COUNCIL
Agenda # 7.1
Meeting Date: August 5, 2014
AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
VIA: James DeStefano, City Ma
TITLE: RESOLUTION NO. 2014 -XX: FI DING 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 CODE SECTION 65089
RECOMMENDATION:
FINANCIAL SUMMARY:
CMP conformance is required for the City of Diamond Bar to receive State Gas Tax
funds and to preserve our eligibility for other State and Federal transportation funding.
Acting as Los Angeles County's Congestion Management Agency, the Los Angeles
County Metropolitan Transportation Authority (LACMTA or "Metro") requires the City of
Diamond Bar to prepare an annual CMP compliance report.
BACKGROUND/DISCUSSION:
The adoption of Proposition 111 (Traffic Congestion Relief and Spending Limitation Act)
in 1990 mandates all counties to have a congestion relief program where funding would
reflect the needs of California's developing population. The revenue would be used to
provide new infrastructure, such as new highways, public transit, new roads, etc.
Since 1990, Metro has managed the CMP and requires annual updates from Los
Angeles County and the local jurisdictions.
The CMP requires local jurisdictions to:
• Assist in monitoring the CMP highway and transit system;
• Implement a transportation demand management ordinance;
• Implement a program to analyze the impacts of local land use decisions on the
regional transportation system; and
• Participate in the Countywide Deficiency Plan.
Metro continues to explore the feasibility of implementing a countywide congestion
mitigation fee to address the regional transportation impacts of new development. The
fees would be used to fund regionally significant projects. The Congestion Mitigation
Fee Study consists of four parts: 1. Feasibility Study; 2. Local Project Identification; 3.
Nexus Study; and 4. Local Implementation. Metro staff completed the Nexus Study and
the Board of Directors directed the Chief Executive Officer of Metro to work with their
Sacramento legislative delegation as to whether the CMP is still an appropriate and
useful program. The Board of Directors put the Countywide Deficiency Plan on hold
pending the completion of the mitigation fee study, which will look into whether more
relevant metrics—such as vehicles miles traveled (VMT) instead of gross square
footage of development activity or number of dwelling units—should be used to
measure the performance of transportation investment.
While this effort is underway, local jurisdictions report only the new net development
activity on the Local Development Report (LDR) and adopt the self -certification
resolution.
Development activity for Diamond Bar from June 1, 2013 to May 31, 2014 includes the
completion of the following projects:
• Five single family residences in The Country Estates, which includes one demolition
and rebuild of one single-family residence;
• One 21,794 square -foot office condominium building located at 680 Brea Canyon
Road;
• One 3,196 square -foot Chase Bank building located at 2717 S. Diamond Bar Blvd.;
and
• Demolition of a 3,240 square -foot Burger King drive-thru restaurant previously
located at 2717 S. Diamond Bar Blvd. (replaced by the aforementioned Chase Bank
building).
Previously, Metro used a credit and debit system to monitor compliance with the CMP.
This system would take debits for new development activities. To offset the debits,
there would be credits allotted to cities for their transportation and trip reduction
improvements, such as transit and Diamond -Ride programs, on-line services, and
transportation capital improvements. While Metro is working on a new countywide
mitigation fee study, it has frozen all jurisdictions' credits since 2003 and has yet to
determine what consideration will be given to cities that have accumulated credits.
As in past years, the City of Diamond Bar remains in compliance with the Congestion
Management Program for Los Angeles County.
FE
Prepared .
at OMMMI
Senior Planner
Reviewed by:
David . L46
Director of Public Works
Attachments:
1. Resolution 2014 -XX
2. 2014 CMP Local Development Report
3
Greg Gubman, AICP
Community Development Director
Attachment 1
RESOLUTION NO. 2014 -XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR, CALIFORNIA, FINDING THE CITY OF DIAMOND BAR TO BE IN
CONFORMANCE WITH THE CONGESTION MANAGEMENT
PROGRAM (CMP) AND ADOPTING THE CMP LOCAL DEVELOPMENT
REPORT, IN ACCORDANCE WITH CALIFORNIA GOVERNMENT
CODE SECTION 65089
A. RECITALS.
WHEREAS, CMP statute requires the Los Angeles County Metropolitan
Transportation Authority ("LACMTA"), acting as the Congestion Management Agency
for Los Angeles County, to annually determine that the County and cities within the
County are conforming to all CMP requirements; and
WHEREAS, LACMTA requires submittal of the CMP Local Development Report by
September 1 of each year; and
WHEREAS, the City Council held a noticed public hearing on August 5, 2014.
B. RESOLUTION.
NOW, THEREFORE, THE CITY COUNCIL FOR THE CITY OF DIAMOND BAR
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That the City Council has taken all of the following actions and that
the City of Diamond Bar is in conformance with all applicable requirements of 2010
CMP adopted by the LACMTA Board on October 28, 2010.
By June 15, of odd -numbered years, the City of Diamond Bar will conduct annual
traffic counts and calculated levels of service for selected arterial intersections,
consistent with the requirements identified in the CMP Highway and Roadway System
chapter.
The City of Diamond Bar has locally adopted and continues to implement a
transportation demand management ordinance; consistent with the minimum
requirements identified in the CMP Transportation Demand Management Chapter.
The City of Diamond Bar has locally adopted and continues to implement a land
use analysis program, consistent with the minimum requirements identified in the CMP
Land Use Analysis Program Chapter.
The City of Diamond Bar has adopted a Local Development Report (LDR),
attached hereto and made a part hereof, consistent with the requirements identified in
the 2010 CMP. This report balances traffic congestion impacts due to growth within the
City of Diamond Bar with transportation improvements, and demonstrates that the City
of Diamond Bar is meeting its responsibilities under the Countywide Deficiency Plan
consistent with the LACMTA Board adopted 2003 Short Range Transportation Plan.
SECTION 2. That the City Clerk shall certify to the adoption of this Resolution
and shall forward a copy of this Resolution and the Local Development Report to the
Los Angeles County Metropolitan Transportation Authority, Stacy Alameida,
Transportation Planning Manager, Metro Long Range Planning, Mailstop #99-23-2, One
Gateway Plaza, Los Angeles County, CA 90012-2952.
PASSED, APPROVED AND ADOPTED THIS 5th DAY OF AUGUST 2014 BY THE
CITY COUNCIL OF THE CITY OF DIAMOND BAR.
Carol Herrera, Mayor
I, Tommye Cribbins, City Clerk of the City of Diamond Bar, do hereby certify that the
foregoing Resolution was duly introduced, passed, adopted and approved at a regular
meeting of the City Council of the City of Diamond Bar held on the 5th day of August,
2014, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
ATTEST:
Tommye Cribbins, City Clerk
City of Diamond Bar
2
Attachment 2
City of Diamond Bar Date Prepared: July 22, 2014
2014 CMP Local Development Report
Reporting Period: JUNE 1, 2013 - MAY 31, 2014
Contact: Esmeralda Magallanes
Phone Number: (909)839-7020
CONGESTION MANAGEMENT PROGRAM
FOR LOS ANGELES COUNTY
" IMPORTANT: All "#value!" cells on this page are automatically calculated.
DEVELOPMENT TOTALS
RESIDENTIAL DEVELOPMENT ACTIVITY
Single Family Residential
Multi -Family Residential
Group Quarters
COMMERCIAL DEVELOPMENT ACTIVITY
Commercial (less than 300,000 sq.ft.)
Commercial (300,000 sq.ft. or more)
Freestanding Eating & Drinking
NON -RETAIL DEVELOPMENT ACTIVITY
Lodging
Industrial
Office (less than 50,000 sq.ft.)
Office (50,000-299,999 sq.ft.)
Office (300,000 sq.ft. or more)
Medical
Government
Institutional/Educational
University (# of students)
OTHER DEVELOPMENT ACTIVITY
ENTER IF APPLICABLE
ENTER IF APPLICABLE
EXEMPTED DEVELOPMENT TOTALS
Exempted Dwelling Units
Exempted Non-residential sq. ft. (in 1,00
Dwelling Units
4.00
0.00
0.00
1,000 Net Sq.Ft s
3,196,000.00
0.00
(3,240,000.00)
1,000 Net Sq.Ft 2
0.00
0.00
21,794,000.00
0.00
0.00
0.00
0.00
0.00
0.00
Daily Trips
0.00
0.00
0
0
Page 1
2. Net square feet is the difference between new development and adjustments entered on pages 2 and 3.
City of Diamond Bar Date Prepared:
2014 CMP Local Development Report
Reporting Period: JUNE 1, 2013 - MAY 31, 2014
July 22, 2014
Enter data for all cells labeled "Enter." If there are no data for that category, enter "0."
PA-DEVELOPMENT
RESIDENTIAL DEVELOPMENT ACTIVITY
Category
Dwelling
Units
Single Family Residential
5.00
Multi-Family Residential
0.00
Group Quarters
0.00
COMMERCIAL DEVELOPMENT ACTIVITY
Category
1,000 Gross
Square Feet
Commercial (less than 300,000 sq.ft.)
3,196,000.00
Commercial (300,000 sq.ft. or more)
0.00
Freestanding Eating & Drinking
0.00
NON-RETAIL DEVELOPMENT ACTIVITY
Category
1,000 Gross
Square Feet
Lodging
0.00
Industrial
0.00
Office (less than 50,000 sq.ft.)
21,794,000.00
Office (50,000-299,999 sq.ft.)
0.00
Office (300,000 sqft or more)
0.00
Medical
0.00
Government
0.00
Institutional/Educational
0.00
University (# of students)
0.00
OTHER DEVELOPMENT ACTIVITY
Description
(Attach additional sheets if necessary)
Daily Trips
(Enter "0" if none)
ENTER IF APPLICABLE
0.00
ENTER IF APPLICABLE
0.00
Page 2
City of Diamond Bar Date Prepared:
2014 CMP Local Development Report
Reporting Period: JUNE 1, 2013 - MAY 31, 2014
July 22, 2014
Enter data for all cells labeled "Enter." If there are no data for that category, enter "0."
PART2: NEW DEVELOPMENT
IMPORTANT: Adjustments may be claimed only for 1) development permits that were both
issued and revoked, expired or withdrawn during the reporting period, and 2) demolition of any
structure with the reporting period.
RESIDENTIAL DEVELOPMENT ADJUSTMENTS
Category
Dwelling
Units
Single Family Residential
1.00
Multi-Family Residential
0.00
Group Quarters
0.00
COMMERCIAL DEVELOPMENT ACTIVITY
Category
1,000 Gross
Square Feet
Commercial (less than 300,000 sq.ft.)
0.00
Commercial (300,000 sq.ft. or more)
0.00
Freestanding Eating & Drinking
3,240,000.00
NON-RETAIL DEVELOPMENT ACTIVITY
Category
1,000 Gross
Square Feet
Lodging
0.00
Industrial
0.00
Office (less than 50,000 sq.ft.)
0.00
Office (50,000-299,999 sq.ft.)
0.00
Office (300,000 sq.ft. or more)
0.00
Medical
0.00
Government
0.00
Institutional/Educational
0.00
University (# of students)
0.00
OTHER DEVELOPMENT ACTIVITY
Description
(Attach additional sheets if necessary)
Daily Trips
(Enter "0" if none)
ENTER IF APPLICABLE
0.00
ENTER IF APPLICABLE
0.00
Page 3
City of Diamond Bar
Date Prepared: July 22, 2014
2014 CMP Local Development Report
Reporting Period: JUNE 1, 2013 - MAY 31, 2014
Enter data for all cells labeled "Enter." If there are no data for that category, enter "0."
"'DEVELOPMENT
(NOT INCLUDED IN NEW DEVELOPMENT ACTIVITY TOTALS)
Low/Very Low Income Housing
0
Dwelling Units
High Density Residential
Dwelling Units
Near Rail Stations
Mixed Use Developments
01,000
Gross Square Feet
Near Rail Stations
1 01
Dwelling Units
Development Agreements Entered
01,000
Gross Square Feet
into Prior to July 10, 1989
1 01
Dwelling Units
Reconstruction of Buildings
01,000
Gross Square Feet
Damaged due to "calamity"
1 01
Dwelling Units
Reconstruction of Buildings
01,000
Gross Square Feet
Damaged in Jan. 1994 Earthquake
1 01
Dwelling Units
Total Dwelling Units0
Total Non-residential sq. ft. (in 1,OOOs)
0
Page 4
Exempted Development Definitions:
1. Low/Very Low Income Housing: As defined by the California Department of Housing and Community
Development as follows:
- Low -Income: equal to or less than 80% of the County median income, with adjustments for family size.
- Very Low -Income: equal to or less than 50% of the County median income, with adjustments for family size.
2. High Density Residential Near Rail Stations: Development located within 1/4 mile of a fixed rail passenger
station and that is equal to or greater than 120 percent of the maximum residential density allowed under
the local general plan and zoning ordinance. A project providing a minimum of 75 dwelling units per acre
is automatically considered high density.
3. Mixed Uses Near Rail Stations: Mixed-use development located within 1/4 mile of a fixed rail passenger
station, if more than half of the land area, or floor area, of the mixed use development is used for high
density residential housing.
4. Development Agreements: Projects that entered into a development agreement (as specified under Section
65864 of the California Government Code) with a local jurisdiction prior to July 10, 1989.
5. Reconstruction or replacement of any residential or non-residential structure which is damaged or destroyed,
to the extent of > or = to 50% of its reasonable value, by fire, flood, earthquake or other similar calamity.
6. Any project of a federal, state or county agency that is exempt from local jurisdiction zoning regulations and
where the local jurisdiction is precluded from exercising any approval/disapproval authority. These locally
precluded projects do not have to be reported in the LDR.