HomeMy WebLinkAbout10/01/2013"14al I 1V1lu
City Council Agenda
Tuesday, October 1, 2013
6:30 p.m. — Regular Meeting
Diamond Bar City Hall
Windmill Room, First Floor
21810 Copley Drive, Diamond Bar, CA 91765
Jack Tanaka Ron Everett
Mayor Mayor Pro Tem
Ling -Ling Chang Carol Herrera Steve Tye
Council Member Council Member Council Member
City Manager James DeStefano • City Attorney David DeBerry City Clerk Tommye Cribbins
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CITY OF DIAMOND BAR
CITY COUNCIL AGENDA
October 1, 2013
CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
INVOCATION:
ROLL CALL:
APPROVAL OF AGENDA:
Next Resolution No. 2013-30
Next Ordinance No. 08(2013)
6:30 p.m.
Mayor
Monsignor James Loughnane,
St. Denis Catholic Church
Council Members Chang, Herrera, Tye,
Mayor Pro Tem Everett, Mayor Tanaka
Mayor
SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
NEW BUSINESS OF THE MONTH:
1.2 Presentation of Certificate Plaque to Hunan Restaurant, 1155 S. Diamond
Bar Blvd., Unit L, as Business of the Month, October 2013.
2. CITY MANAGER REPORTS AND RECOMMENDATIONS:
3. PUBLIC COMMENTS: "Public Comments" is the time reserved on each
regular meeting agenda to provide an opportunity for members of the public to
directly address the Council on Consent Calendar items or matters of interest to
the public that are not already scheduled for consideration on this agenda.
Although the City Council values your comments, pursuant to the Brown Act, the
Council generally cannot take any action on items not listed on the posted
agenda. Please complete a Speaker's Card and give it to the City Clerk
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.
October 1. 2013 PAGE 2
(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 Planning Commission Meeting — October 8, 2013 — 7:00 p.m., Windmill
Community Room, 21810 Copley Drive
5.2 Traffic and Transportation Commission Meeting — October 10, 2013 — 7:00
p.m., Windmill Community Room, 21810 Copley Drive.
5.3 City Council Meeting — October 15, 2013 — 6:30 p.m. Windmill Community
Room, 21810 Copley Drive.
6. CONSENT CALENDAR:
6.1 City Council Minutes — Regular Meeting of September 17, 2013 —
Approve as submitted.
6.2 Parks and Recreation Commission Minutes — Regular Meeting of July
25, 2013 — Receive and File.
6.3 Traffic and Transportation Commission Minutes — Regular Meeting of
August 8, 2013 — Receive and File.
6.4 Ratification of Check Register — Dated September 12, 2013 through
September 25, 2013 totaling $1,634,331.53.
Recommended Action: Ratify.
Requested by: Finance Department
6.5 Treasurer's Statement — August 2013.
Recommended Action: Approve.
Requested by: Finance Department
October 1. 2013 PAGE 3
6.6 Authorize the City Manager to Purchase One F-350 XLT Super Duty
Work Truck from McCoy Mills Ford at a Cost Not to Exceed $48,000
Using Funds from the Equipment Replacement (Vehicles) and Road
Maintenance Funds.
Recommended Action: Authorize.
Requested by: City Manager
6.7 Appropriate $20,000 from General Fund Reserves to the Public
Works Operating Budget and Approve the Execution of the
Memorandum of Understanding with the Los Angeles Gateway Water
Management Authority (GWMA) to Develop a Watershed
Management Program and Coordinated Integrated Monitoring
Program for the Lower San Gabriel River Watershed Committee
"LSGR".
Recommended Action: Appropriate and Authorize.
Requested by: Public Works Department
7. PUBLIC HEARINGS: None.
COUNCIL CONSIDERATION:
8.1 Adopt the Employee Deferred Compensation Plan Investment Policy
and Appoint Its Members.
Recommended Action: Approve.
Requested by: Finance Department
8.2 Approve for First Reading Ordinance No. 0X(2013): Adding Chapter
9.02 to Title 9 of the Diamond Bar City Municipal Code Establishing a
Reward for Information Leading to the Arrest or Conviction of a
Person Damaging Property as a Result of a Residential Burglary.
Recommended Action: Approve for First Reading by Title Only, Waiving
Full Reading.
Requested by: City Manager
9. COUNCIL SUB -COMMITTEE REPORTS AND MEETING ATTENDANCE
REPORTS/COUNCIL MEMBER COMMENTS:
10. ADJOURNMENT:
Agenda No. 6.1
MINUTES OF THE CITY COUNCIL
REGULAR MEETING OF THE CITY OF DIAMOND BAR
SEPTEMBER 17, 2013
CALL TO ORDER: Mayor Jack Tanaka called the Regular City Council
meeting to order at 6:30 p.m. in the Windmill Room, Diamond Bar City Hall, 21810
Copley Drive, Diamond Bar, CA.
PLEDGE OF ALLEGIANCE: Mayor Tanaka led the Pledge of Allegiance.
INVOCATION: Associate Pastor Sung Kim, Gateway Friends Church
gave the invocation.
ROLL CALL: Council Member Chang, Herrera, Tye, Mayor Pro
Tem Everett and Mayor Tanaka.
Staff Present: James DeStefano, City Manager; David Doyle,
Assistant City Manager; David DeBerry, City Attorney; Dianna Honeywell, Finance
Director; Greg Gubman, Community Development Director; David Liu, Public Works
Director, Bob Rose, Community Services Director; Ken Desforges, IT Director; Ryan
McLean, Assistant to the City Manager; Kimberly Young, Associate Engineer; Alfredo
Estevez, IS Help Desk Support Technician; Cecilia Arellano, Public Information
Coordinator, and Tommye Cribbins, City Clerk.
APPROVAL OF AGENDA: As Presented.
1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: None
2. CITY MANAGER REPORTS AND RECOMMENDATIONS:
CM/DeStefano introduced Tina Javid, Public Affairs Manager, Southern
California Gas Company who provided an update and information regarding the
natural gas high pressure transmission line that runs through the City.
Tina Javid, providing a Power Point presentation stated that Southern California
Gas Company (SGC) is the largest natural gas distribution company in the nation
with 8,000 employees, 22,000 square miles of service territory and over 100,000
miles of pipeline and is regulated by the Federal government.
Diamond Bar is considered to be a "high consequence' area due to the location
of the gas pipeline. Following the incident that occurred in San Bruno, it left
people wanting to know where the pipelines were located, so the Gas Company
put a map up on its website showing all of the transmission lines and high
pressure distribution lines. There are 4,000 miles in the service territory and the
transmission lines consist of 36 inch pipes that transmit at a rate of 400-600
pounds of pressure. There are 40,000 miles of distribution lines that run 200
pounds of pressure. There is a transmission line that runs through Diamond Bar
between Grand Avenue and Pathfinder Road under the SR57.
SCG provides yearly outreach to anyone who lives within 180 feet of the pipeline
showing them where the pipeline is located. If anyone observes construction in
SEPTEMBER 17, 2013 PAGE 2 CITY COUNCIL
the area of markers without a Gas Company truck onsite, it is a clue to residents
to contact the Gas Company. Markers are placed in proximity of lines; however,
do not indicate how deep the line is. It is very important that the Gas Company is
present anytime construction is crossing a gas line. These markers have contact
telephone numbers and always placed in the line -of -site. The 811 system (dig
alert) is the number to call 48 hours before anyone digs. The 811 line is also for
telecoms and electric. Nationally, every three minutes a gas line is damaged
typically by third -party contractors. Residential customers can call 811 before
they dig.
The Gas Company is also very involved in tree clearing. Many easements run
behind private property and it is important that no trees are planted over the
pipeline. The weight of the tree could damage the pipe as well as remove some
of the protective coating.
The Gas Company counts on the public to report any concerns and has a
program called "Look, Listen and Smell." If people are driving down the street
and see air blowing up from the ground or dirt or water moving, it is a signal there
is damage under the street infrastructure. Inside the home one can hear a
hissing sound or if outside it will sound like a jet engine if it is a distribution line.
Natural gas is odorless so SCG puts a pungent odor in the pipeline.
In 2010 the Federal Government mandated that within the transmission system it
must be internally inspected so the SCG sends "smart pigs" technology through
the pipeline to measure density, etc. to let SCG know the wall is safe. If a
problem is found the problem is immediately remedied. Once the information is
collected the report goes to Los Angeles and external inspections are then done
by engineers. During this inspection period, the SCG pulls permits from the City.
The line in Diamond Bar has been inspected twice and everything was found to
be as it should be and in great working order.
There has been discussion about hydro -testing the pipeline. A 1970 law says
that any pipe installed after 1970 will be tested by placing water in the pipeline
and submitting it to double the operating pressure, which is what SCG has been
doing since 1970. However, if there is a pipeline that was placed in the ground
pre -1970 and if records indicate any portion of that pipeline was not tested, SCG
is either replacing the line or dropping the pressure and will be hydro -testing that
pipe as well. This effort commenced in 2013 and will stop at Prado Dam with
testing in Los Angeles in 2014. If SCG plans to do hydro -testing in Diamond Bar,
PWD/Liu will be the first person notified as well as the community.
The Gas Company maintains service all the way to the gas meter. Once the gas
goes through the meter and dials to record usage it becomes "house lines"
meaning that the property owner is responsible from that point. If any problem is
detected or suspected, please call SCG so that they can inspect for possible
repair. If the leak is in the house line the homeowner would be referred to a
plumber for repairs.
SEPTEMBER 17. 2013 PAGE 3 CITY COUNCIL
In preparation for any emergency it is important to know where the homeowner's
gas meter is located and emergency kits should include a wrench to shut the
meter off if you smell gas, hear gas or see the dials spinning. During an
earthquake if there is no smell or escape sound detected, leave the meter on.
Once the meter is shut off it could be a significant amount of time before the SCG
is able to get back to turn the gas on in a major event.
In 2010 a law was passed that all homes must have a carbon monoxide detector.
Any home that has gas equipment should retrofit their homes with these
detectors to warn homeowners when there is a problem.
Also, in anticipation of the winter months and holidays, the Gas Company will go
to the residence and service all of the gas equipment and calibrate cooking
ovens free of charge.
C/Herrera thanked Ms. Javid for providing residents with this very valuable
information. She asked what the gas leak smells like.
Ms. Javid responded that it would smell like manure/rotten eggs. During
construction, the Gas Company will saturate the pipe with that odor.
MPT/Everett asked the purpose of the yellow markers.
Ms. Javid responded that the yellow markers are for the large transmission lines.
However, homeowners should call anytime they dig. 811 is a free service.
3. PUBLIC COMMENTS:
Nancy Lyons spoke about the number of vacant store fronts in the City. One of
the biggest eyesores is the space that was vacated by the Ralph's Market which
closed over two years ago and wanted to know what the Council had done to
contact other potential grocery retailers. She recently heard about Smart & Final
Extra stores that have really low prices and carry extra items and thought it would
be a good idea for Council to check into it. She asked the Council to consider
taking positive action to fill the Ralph's location and the many other vacant stores
in the City.
Pui-Ching Ho, Acting Librarian, Diamond Bar Library, announced several events
that the Library is hosting, such as Baby and Toddler Play Time in the Windmill
Room on Wednesday, September 18th from 10:00 to 11:00 a.m. Saturday,
September 21st at 2:00 pm Miss Diamond Bar and her Court will host a Princess
Party in the Windmill Room. On Saturday, September 28th at 2:00 pm adults
can learn how to make soap the old fashioned way, following the demonstration
there will be a hands-on workshop using modern techniques. For more
information, stop by the library reference desk or call 909-861-4978. Also, on
Saturday, October 5th elementary aged school children can learn to build a
rubber band powered car. For more information stop by the Library's Reference
SEPTEMBER 17, 2013 PAGE 4 CITY COUNCIL
Desk or call 909-861-4978.
4. RESPONSE TO PUBLIC COMMENTS:
CM/DeStefano responding to the matter of vacant store fronts stated that like all
of the other cities in the nation, Diamond Bar has suffered through a significant
recession during the last six to seven years which has created a variety of vacant
storefronts. In fact, Diamond Bar has weathered the storm far better than many
other communities. Good or bad, Diamond Bar did not lose big -box retailers,
automobile dealerships, etc. because the City did not have them to begin with.
Diamond Bar has a number of small neighborhood shopping centers and the
Gateway Corporate Center where this building is located, all have weathered the
storm very, very well. The southern part of town where the old Country Hills
Town Center now known as the Diamond Hills Plaza, has flourished during the
last six or seven years and is principally without vacancy with the new childcare
at the south to the new two-story medical building to the north. The Unocal gas
station closed and will be replaced by a tire and auto service center facility.
Shopping Centers located closer to Grand Avenue and Diamond Bar Boulevard
including one that was formerly anchored by Ralph's are also doing extremely
well.
The City celebrated the opening of the Army-Navy Surplus store and the
shopping center is full. See's Candy located in that center is doing well. There
will be vacancies from time to time as business owners err in their business
judgment and businesses will turn over fairly quickly assuming property owners
offer reasonable market rents. The former Ralph's anchored shopping center
has actually done very well over the last several years.
Ralph's made a corporate decision to close a number of stores in Southern
California and unfortunately, Diamond Bar was one of those locations. Similarly,
Diamond Bar was the victim of Ralph's store closing in the Country Hills Town
Center and Albertson's closed its store off of Brea Canyon Road. The good
news is that a national grocery store operator will be moving into the Ralph's
space in 2014 but is not yet ready to announce the opening.
Some time ago, the City Council directed him to work with a variety of grocery
store operators in an attempt to get the same type of business back into the
shopping center. Diamond Bar was not successful getting the type of business
some other communities have enjoyed such as a Bristol Farms or Trader Joes
because of the type of growth those companies have forecasted for themselves.
The so-called Ralph's Center was taken over by a new owner in 2013 and has
made a lot of welcomed changes. They will be repainting and resigning the
shopping center. The retailer that will locate into the former Ralph's space will be
a 40,000 square foot grocery store. Coincidentally, to the speaker's comments,
the style, layout and type of merchandise the new store will provide to the public
happens to be similar to a Smart & Final Extra but is not a Smart & Final Extra
SEPTEMBER 17, 2013 PAGE 5 CITY COUNCIL
which turned down the site, as did a variety of other potential users
Many years ago that shopping center had a Boston Store as well as a couple of
different banks which is now scheduled to become either a national fitness center
or national sporting goods retailer. He believes the Planning Commission and
Council will be considering a project for a national fitness center.
Moving north, the Kmart property is still'a challenge but the storefronts are in
pretty good shape. Kmart has been on the edge of bankruptcy for a number of
years. Sears, the Kmart parent company, is also doing poorly and the City hopes
to craft a specific plan for the Kmart area. Council has directed him to do so and
authorized him to work with the property owners toward such a conclusion. If
successful, there will be a big box retailer and a variety of additional stores and
has a meeting to discuss this scenario with the property owner next week.
The Vons/Savon Center is doing very well. The only area that presents a
problem for the City is in the very north end of town at what used to be Acapulco
Restaurant and other store fronts with poor visibility and lack of support.
However, in that center the offices are doing well and are now moving into a
condominium format. A-1 Auto moved in across from Midas in the old Firestone
store location.
Diamond Bar lost the Honda dealership just prior to the recession based on a
decision made by Honda to move its dealership to the City of Industry and not
because of Diamond Bar. The City is working with a nationally known retail
expert to develop a plan for what should occur on that property, much of which
will depend on whether or not a stadium is located next door in the City of
Industry.
Council Members have been very clear in their action and directives to him with
respect to their goals and objectives and the work Council and staff does each
day to fill vacant storefronts. The City has looked at its fees and permitting
system. The City does not have excessive fees and welcomes business
opportunities. The City has a $10 per year business license which is unheard of
in terms of the thousands of dollars other cities charge for business licenses.
Over the years Council Members have participated by attending the International
Council of Shopping Center Developer seminars and conferences to help market
the City of Diamond Bar. Overall, the City Council has done quite a bit and
continues to participate in positive actions forward as well as, directing him and
his staff to do everything possible to fill the spaces in a thoughtful manner.
The Gateway Corporate Center suffered at the beginning of the recession with a
reduction in size of many of the businesses. Thankfully, Allstate was one of
those businesses because that is how the City was able to buy this building and
construct a brand new city hall and doubled the size of the library. However, the
Gateway Corporate Center is over 95 percent occupied which is unheard of in
SEPTEMBER 17, 2013 PAGE 6 CITY COUNCIL
this marketplace. In other sectors of the San Gabriel Valley and elsewhere there
are vacancies of 15-20 percent. Gateway is the new headquarters for Seco
Television Manufacturing and Nexen Tires. Diamond Bar is doing extremely well
and has moved forward quietly and efficiently during the past few years. The
City has a lot more to do and is working on those plans.
C/Chang said that the Council has been working very hard on this issue and she
has attended a couple of meetings with retailers including Sprouts and Henry's
with the City Manager. It is interesting that when retailers look at where they
want to locate they look at a three to five mile radius for population density.
Diamond Bar is very different because it has a lot of open space between the
City and Chino Hills, the City and Brea and the City and Walnut. The population
density for Diamond Bar just is not there. Traffic counts are great and the
average incomes are phenomenal but businesses look at very strict criteria and
formulas and population density is always a factor. In spite of that, Diamond Bar
is doing very well. Some of the newer retails in the City draw in a great crowd of
younger folks from other cities that are looking for good restaurants, etc. The
City Council will continue to do its best to attract big retailers.
The manager of Chili's of Diamond Bar won the Manager of the Year award for
the entire nation because of the community involvement. Lastly, she knows that
CM/DeStefano will take all of this positive data to other retailers.
C/Tye asked CM/DeStefano if the new owner of the Ralph's Shopping Center
was involved in discussions about the rehabilitation of the Grand Avenue and
Diamond Bar Boulevard intersection and was planning to repaint and install new
signage in accordance with those plans.
CM/DeStefano stated that this matter was discussed at a City Council meeting a
couple of meetings ago and if PWD/Liu has not been in touch with the property
owners he would be very soon to discuss the proposed project in accordance
with Council's previous direction.
4. SCHEDULE OF FUTURE EVENTS:
5.1 Planning Commission Meeting — September 24, 2013 — 7:00 p.m.,
Windmill Community Room, 21810 Copley Drive.
5.2 Parks and Recreation Commission Meeting — September 26, 2013 — 7:00
p.m., Windmill Community Room, 21810 Copley Drive.
5.3 City Council Meeting October 1, 2013 - 6:30 p.m., Windmill Community
Room, 21810 Copley Drive.
SEPTEMBER 17, 2013 PAGE 7
91
CITY COUNCIL
CONSENT CALENDAR: C/Herrera moved, C/Tye seconded, to approve the
Consent Calendar as presented. Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS: Chang, Herrera, Tye, MPT/Everett
M/Tanaka
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
6.1 APPROVED CITY COUNCIL MINUTES — Regular Meeting of September
3, 2013 - As Submitted.
6.2 RATIFIED CHECK REGISTER — Dated August 15, 2013 through
September 11, 2013 totaling $1,249,417.88.
6.3 APPROVED SECOND READING AND ADOPTED ORDINANCE NO.
07(2013): AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DIAMOND BAR APPROVING AMENDMENTS TO THE DEVELOPMENT
CODE AND OFFICIAL ZONING MAP FOR THE AFFORDABLE
HOUSING LAND USE AND ZONING DESIGNATION PROJECT
(PLANNING CASE NO, PL2013-227): ON PROPERTY LOCATED WEST
OF CHINO HILLS PARKWAY, SOUTH OF DIAMOND RANCH HIGH
SCHOO, DIAMOND BAR, CALIFORNIA (EASTERLY PORTION OF
ASSESSOR'S PARCEL NUMBER 89701-022-273).
6.4 APPROVED PLANS AND SPECIFICATIONS AND AWARDED
CONSTRUCTION CONTRACT FOR THE MEDIAN MODIFICATION
PROJECT ON GRAND AVENUE AT SUMMITRIDGE DRIVE IN THE
AMOUNT OF $28,581.20 TO L.M.T. ENTERPRISES DBA TYNER
PAVING COMPANY AND AUTHORIZED A CONTINGENCY AMOUNT
OF $7,000 FOR CONTRACT CHANGE ORDERS TO BE APPROVED BY
THE CITY MANAGER, FOR A TOTAL AUTHORIZATION AMOUNT OF
$35,581.20.
6.5 APPROVED PLANS AND SPECIFICATIONS AND AWARDED
CONSTRUCTION CONTRACT FOR THE MEDIAN MODIFICATION
PROJECT AT DIAMOND BAR BOULEVARD AND SILVER HAWK DRIVE
IN THE AMOUNT OF $35,659.55 TO L.M.T. ENTERPRISES DBA TYNER
PAVING COMPANY AND AUTHORIZED A CONTINGENCY AMOUNT
OF $6,000 FOR CONTRACT CHANGE ORDERS TO BE APPROVED BY
THE CITY MANAGER, FOR A TOTAL AUTHORIZATION AMOUNT OF
$41,659.55.
7. PUBLIC HEARING: None
SEPTEMBER 17, 2013 PAGE 8 CITY COUNCIL
8. COUNCIL CONSIDERATION:
8.1 APPOINTMENT OF NEW PLANNING COMMISSIONER.
CM/DeStefano stated that within the stated public agenda for Friday, there
was a report regarding the appointment of an individual to serve as the
new Planning Commissioner to fill the vacancy created by the resignation
of Steve Nelson. Yesterday, staff concluded its process in determining the
appropriate person for the appointment. Accordingly, staff prepared a
revised report which was presented to the public, posted on the City's
website and all other sites pertaining to the City Council's agenda.
After years of distinguished service, Steve Nelson resigned his position
on the Planning Commission. Council provided Mr. Nelson with
appropriate recognition at a prior meeting. As a result of Mr. Nelson's
announcement, staff posted the vacancy and invited residents to apply
and MPT/Everett announced the vacancy and invited residents to apply
for the position during the August 6 Council meeting. The deadline for
applications was August 30. Nine applications were received and the
names were announced to the City Council and public. MPT/Everett
interviewed the nine candidates, drew to his conclusion and has a
recommendation to appoint an individual as listed in the staff report.
MPT/Everett thanked staff for the application process as well as thanked
and acknowledged each applicant for offering to serve the City. He then
announced the following individuals who had applied for the Planning
Commission vacancy: Richard "Dick" Clippinger, Ashok (Ash) K. Dhingra,
George L. Estrada, Carlos Gallegos, Mahendra Garg, Michael Kerr,
Robert Lorenz, Mrs. Raphael H. Plunkett and Michael Shea. After careful
review of the candidates he recommended that the City Council confirm
the appointment of Ashok Dhingra to fill the unexpired term of former
Planning Commissioner Steve Nelson.
With the following Roll Call vote Mr. Dhingra was appointed to the
Planning Commission:
C/Chang Yes
C/Herrera Yes
C/Tye Yes
MPT/Everett Yes
M/Tanaka Yes
MPT/Everett then introduced Mr. Ashok (Ash) Dhingra who provided a
brief background stating that he has been a Diamond Bar resident for
eight years. Prior to moving from San Dimas to Diamond Bar he served
on the Planning Commission for that City for 16 years and had resigned
from the San Dimas Planning Commission when he moved to Diamond
SEPTEMBER 17, 2013 PAGE 9 CITY COUNCIL
Bar. He thanked MPT/Everett for taking the time to interview the
applicants and to M/Tanaka and Council Members for placing their trust in
him. He said it was a privilege and honor to serve on the Planning
Commission and that he will make sure that the City and its residents get
the best from any new or redevelopment projects.
9. COUNCIL SUBCOMMITTEE REPORTS AND MEETING ATTENDANCE
REPORTS/COUNCIL MEMBER COMMENTS:
C/Chang reminded everyone they could follow her on Facebook, Twitter and
Foursquare. In the past two weeks she attended several meetings. She chaired
the League of California Cities mayors and council members nominating
committee to select a first vice president, second vice president and president for
the mayors and council members department. The slate is as follows: For
president, Mark Wheetley, Vice -Mayor of Arcata; Vice President, Neal Andrews,
Council Member from Ventura; Second Vice President, Madeline Kellner, Council
Member from Novato. The League received a large number of applications from
excellent Council Members who wish to serve. She encouraged everyone to
consider applying for these positions in the future. She attended the Diamond
Bar Day at the Fair that was a great event with wonderful attendance. She
helped pass out beads from the fire truck which was a lot of fun. Diamond Bar
honored its community heroes later that afternoon. She thanked staff for putting
everything together. She attended a media event for the ACE rail highway
separation projects at the San Gabriel Hilton, one of which pertains to Diamond
Bar at Fairway Drive which begins in 2014.
C/Herrera reported that Foothill Transit has been busy during the past couple of
months. On September 26 there will be a ribbon -cutting for a new Park and
Ride, a four story structure for Diamond Bar residents off of Brea Canyon Road
at the Metrolink station. In an attempt to expand its ridership, Foothill Transit has
offered Mt. SAC students, free bus passes for the next year for ridership from
their homes to Mt. SAC. Over 4,000 students have taken advantage of the offer.
Foothill has similar programs with Rio Hondo College and Pasadena Community
College. Foothill has 64 clean natural gas buses under construction and when
the buses are completed they will replace the current diesel buses which will be
phased out.
San Gabriel Valley COG will meet on September 26 and the COG Board will take
a position on the National Recreation area proposed by Congress Woman Judy
Chu. There are many Foothill cities that are concerned about this National
Recreation area and how it will affect water as it flows to the different foothill
cities. Many other cities are concerned about federal interference with their land
uses within their city limits. She will report on what action is taken. Congress
Woman Chu wants input from the San Gabriel Valley cities before she concludes
the language in her bill.
SEPTEMBER 17, 2013 PAGE 10 CITY COUNCIL
She thanked staff and PWD/Liu and his crew for the beautiful looking Golden
Springs Road which was under rehabilitation for a significant amount of time.
Many residents are very proud of the beautification within the City and how well -
kept the roadways are.
C/Tye welcomed Ash Dhingra and thanked him for being willing to serve the
community. Who would have thought that after 13 years Diamond Bar would get
a commissioner with 16 years of planning commission experience.
He attended the Diamond Bar Day at the Fair which was a great time to get
together to recognize community hero's Tony Torng, Bea McMillan, and
Atharshna Singarajah. C/Tye said he thought it would be interesting to put a
number to the endless hours the hero's work for the community.
September 6 he attended the inaugural game for Diamond Ranch High School at
their new lighted field. It was a great setting and beautiful evening and it was
wonderful that they won the game. Congratulations to Coach Roddy Layton and
the Panthers as they move into a great season.
On September 11, as President of California Contract Cities, he chaired the
meeting hosted by Fire Station #110 in Marina del Rey. Supervisor Knabe spoke
about what is happening in the County. It was a sobering and reflective evening
with a great gathering and turnout. He thanked Fire Station #110 for hosting the
evening.
MPT/Everett said that Diamond Bar Day at the Fair on September 5 was
outstanding. The Diamond Bar Parade highlighted the City and its three heroes'.
Thanks to staff and the Fairplex.
Although he was unable to attend the Diamond Ranch High School stadium
event, he heard only great reports about the wonderful new stadium.
Congratulations to the students and staff.
That night he attended the Chinese American Elected Officials CEO installation
and Awards Dinner and formal installation of new President Polly Low, Mayor of
Rosemead, Second Vice President Scarlett Wong, Director, Walnut Valley Water
District; Secretary Andrew Wong, Pomona Unified School District Trustee and
husband of C/Chang. Additional members attending were C/Chang and Phillip
Chen, WVUSD Trustee and former Diamond Bar Mayor Wen Chang, CEO 2002-
2003.
He again thanked the Planning Commission applicants.
M/Tanaka reported that a couple of weeks ago he attended the PUSD Board
meeting during which facilities site and field improvements were discussed.
SEPTEMBER 17, 2013 PAGE 11
CITY COUNCIL
He also attended Diamond Bar Day at the Fair, which included a reception and
parade. Diamond Bar High School's drum line led the parade of different groups
and organizations including Miss Diamond Bar and her Court, and Diamond Bar
Community Hero's. There was a Hero's ceremony after the parade and the
evening ended with entertainment by the Hula Studio. There was great family
fun and entertainment. The fair runs through Sunday, September 29.
On Friday, September 6 he attended the Diamond Ranch High School Stadium
Grand Opening dedication and inaugural game on the new artificial turf.
Congratulations to the Panthers for beating EI Rancho High School from Pico
Rivera.
That Sunday the Pacific Crest Youth Arts organization held an awards
celebration on the occasion of their 21st Anniversary. The Members were from
94 different colleges, universities and high schools. Seven performers came from
out of state and one from Japan. This year 154 members performed. Pacific
Crest is southern California's only drum and bugle corps competing in Drum
Corps International, the highest competitive category.
M/Tanaka announced that on Friday, October 4, the Annual Golf Classic will be
held at Los Serranos Golf Course.
Last Tuesday he attended the Tyco Drums Interactive presentation at the
Diamond Bar Library after which kids and adults in the audience were invited to
play the drums.
Last Thursday, he and PIC/Arellano were invited to Chaparral Middle School to
make a presentation regarding Urban Planning to sixth graders who were
learning how to design a virtual city. He met several young mayors of the virtual
cities and,was asked a lot of questions from the participants including whether he
wears a tuxedo everyday and how much money he makes. That evening he
attended the Diamond Bar Seniors Italiano Dinner Dance.
Chili's is very active in this community and this Thursday they will hold a "Tip a
Firefighter" fundraiser for St. Jude's Hospital in conjunction with LA County
Firefighters from 5 to 9 pm on Thursday, September 19.
ADJOURNMENT: With no further business to conduct, M/Tanaka adjourned
the Regular City Council Meeting at 7:35 p.m.
TOMMYE CRIBBINS, CITY CLERK
The foregoing minutes are hereby approved this day of 2013.
JACK TANAKA, MAYOR
Agenda No. 6.2
CITY OF DIAMOND BAR
MINUTES OF THE PARKS & RECREATION COMMISSION
DIAMOND BAR CITY HALL - THE WINDMILL ROOM
21810 COPLEY DRIVE, DIAMOND BAR, CA 91765
JULY 25. 2013
CALL TO ORDER:
Vice Chairman Ted Owens called the Parks and Recreation Commission meeting to
order at 7:01 p.m. in the City Hall Windmill Room, 21810 Copley Drive, Diamond Bar,
CA 91765.
PLEDGE OF ALLEGIANCE: Commissioner Roberto led the Pledge of Allegiance.
ROLL CALL:
Present; Commissioners Lew Herndon, Benny Liang, Dave Roberto, Vice Chairman
Ted Owens
Absent: Chairman Dave Grundy was excused.
Staff Present: Bob Rose, Community Services Director; Anthony Jordan, Parks and
Maintenance Superintendent; Christy Murphey, Recreation Superintendent; Robin
Crawford, Community Services Coordinator, and Debbie Gonzales, Administrative
Coordinator.
MATTERS FROM THE AUDIENCE: None
CALENDAR OF EVENTS: As presented by CSD/Rose.
1. CONSENT CALENDAR:
1.1 Regular Meeting Minutes for May 23, 2013
C/Herndon moved, VC/Owens seconded, to approve the May 23, 2013
regular meeting minutes as presented. Without objection, the motion was
so ordered with C/Liang and C/Roberto abstaining, and Chair/Grundy
being absent.
1.2 Regular Meeting minutes for June 27, 2013.
C/Roberto moved, C/Herndon seconded, to approve the June 27, 2013
regular meeting minutes. Without objection, the motion was so ordered
with C/Liang abstaining and Chair/Grundy being absent.
JULY 25, 2013 PAGE 2 P&R COMMISSION
2. INFORMATIONAL ITEMS:
2.1 Recreation Program Update — RS/Murphey
C/Roberto asked how the new women's fast pitch softball league was
doing. CSD/Rose responded that there are seven teams in the league,
two games have been played and all is going well. Games are at 5:30
and 7:30 p.m. at Peterson Park and the fall league tentatively begins
Sunday, September 8 with eight teams anticipated to participate. In
addition, a third league is contemplated for the spring. Currently, there is
Council appropriation for two leagues and staff will go back to the City
Council at mid -year to request another league with all fees paid by the
league.
VC/Owens asked how many teams are local. CSD/Rose explained that
there are some residents in the league. Most are from Orange County,
the Inland Empire, LA County including San Gabriel Valley, etc.
VC/Owens asked about the level of competition and CSD/Rose said the
team to watch is Monster, a team that has a pitcher from the University of
Southern Mississippi that should be either be on the Olympics team or
trying out for the Olympics. She is a very good pitcher with an intriguing
change up and is undefeated at this point, so Monster is the league
favorite to win. There are some very good players which makes it a very
exciting event to watch. Most players are college students and the rest
are high school students.
C/Herndon asked for clarification that twice the revenue at this point
means that online registration is quickening the registration process and
not doubling it. RS/Murphey responded that the amount of online
registration has doubled. Registration is considerably above May, June
and July and registration overall is above the number for the same period
last year.
VC/Owens asked if there would be facilities for adult basketball in the
future and CSD/Rose said that adult basketball should be back in
September.
2.1.1 Power Point Presentation on Improvements at the Diamond Bar
Center — CSC/Crawford
C/Herndon asked if all of the controls were managed by staff or by
the renters. CSC/Crawford responded that controls are managed
by staff. Phones are located in the ballroom and before every
event staff provides the renter with a "cheat sheet" which is a
breakdown of times for their events with her extension. They can
call her and she stands with them and does what they need.
JULY 25, 2013 PAGE 3 P&R COMMISSION
2.2 _ Parks Report — PMS/Jordan
2.2.1 Power Point Presentation on the Starshine Park inspection and
vandalism at Pantera Park — PMS/Jordan
VC/Owens asked if anyone had been able to gain access to the
activity room at Pantera Park and PMS/Jordan responded "no" but
in the past there have been break-ins at the snack bar where they
have gained access. Staff put new locks on the windows to
prevent vandals from prying them open.
C/Herndon asked if it would be feasible to consider security
cameras at that location and PMS/Jordan responded absolutely
and staff is looking into that at this time.
2.3 CIP Projects—CSD/Rose;
2.3.1 Larkstone Park — CSD/Rose stated that Lewis Homes is still
working on the redesign to mitigate the ancient landslides. Nothing
will be constructed until the project is approved by various City
departments, Commissions and the City Council.
2.3.2 Dog Park — CSD/Rose reported that construction documents for
the concrete walkways and stairs that connect the gates to the dog
play areas are out to bid to select a contractor to complete the work
with bid opening August 22.
2.3.3 Grandview Trail and Grandview Trail Link — CSD/Rose stated
that staff received the construction documents back from Building &
Safety plan check this.week and comments have been submitted to
TKE. Corrections are expected to be back for the second plan
check by next Wednesday with construction to commence late
September.
2.3.4 Diamond Bar Center Improvements — CSD/Rose indicated that in
addition to CSC/Crawford's report regarding counter improvements
at the Diamond Bar Center, the majority of the carpet is in the
building and the Grandview Ballroom is scheduled for next week.
The furniture is supposed to be onsite early August.
2.3.5 Site D Park Design — CSD/Rose reported that Lennar Homes is
still working on the concept plan for the park and the biggest issue
is the rain garden which is working its way through the Planning .
and Pulblic Works Departments.
2.4 List of Pending Commission Requests — None Offered.
JULY 25, 2013 PAGE 4 P&R CONMSSION
3. OLD BUSINESS:
3.1 Pony Baseball Facility
CSD/Rose provided a Power Point presentation on how the Pony League
fields can be scheduled to benefit the Diamond Bar User Group.
C/Roberto asked staff to provide Commissioners with the location of the
July 30 meeting.
C/Herndon said until it is determined what type of sports can be held on
those fields, RS/McKitrick cannot tell the Commission how much of a relief
it would be for the users. CSD/Rose responded that originally staff
discussed August as being the most valuable time if the fields are
available. RS/McKitrick was looking at the fly ball capabilities of the
facilities as being very valuable, which is more of an added benefit rather
than taking pressure off of facilities.
C/Herndon said that not having much experience with soccer, if the
proposal is for August and September and use of those fields would have
to be cut off, what kind of scheduling problem would that create for the
later months of the year. CSD/Rose responded that last meeting
Chair/Grundy said that high school teams stopped playing sometime in
October so if younger kids can be moved over to the Pony League facility
and when the high school kids are no longer using the fields the younger
kids can move back to City facilities. I
C/Herndon asked if reduced use of City fields would reduce the
maintenance costs and PMS/Jordan responded that Peterson, Pantera
and Lorbeer fields are renovated annually and that cost is already
included in the contract price the City pays. Included in the cost is repair
of any damaged areas as well as, the cost of reseeding. If staff asked for
sod rather than reseeding to expedite the repairs, it would result in an
additional cost. PMS/Jordan said he did not believe it would adversely
affect the cost of maintenance but it would alleviate some stress and
reduce damage on the fields.
VC/Owens asked how receptive the YMCA was to allowing others to use
the facility. CSD/Rose responded that the YMCA is very interested in
working with the community and it would take time for them to get up and
running with that concept. As previously stated, the incoming director is
very receptive to other uses. He indicated that he was very disappointed
with the condition of the field and could imagine that as an area the
community could enjoy if it were brought back to useable condition. In
addition, the board of directors supported the concept of working with the
City and user groups in order to earn some community relation points.
JULY 25, 2013 PAGE 5 P&R COMMISSION
VC/Owens said he believed that Pop Warner and AYSO require a certain
number of practice hours in addition to regular play and that is why August
and September is so valuable. He asked how often the YMCA uses the
property and CSD/Rose responded that they do not use it.
C/Herndon asked if the YMCA would fund the improvements and
CSD/Rose responded that the City would not be involved in funding
improvements. The City is not the one operating the program of renting
these facilities and some of the organizations could pay to use the facility.
C/Roberto moved, C/Herndon seconded, to receive and file the report.
Without objection, the motion was so ordered with Chair/Grundy being
absent.
4. NEW BUSINESS: None
5. ANNOUNCEMENTS:
C/Roberto thanked staff for the reports and said he was pleased to see the
technological improvements and online registration at the Diamond Bar Center.
C/Herndon thanked staff for their efforts and thanked CSD/Rose and
RS/McKitrick for their evaluation of the Pony League Fields. which he felt would
ultimately benefit the City,
C/Liang thanked staff for the reports and presentations and the improvements at
the Diamond Bar Center. The new lighting is great and in August he will check
out the new carpet, audio system and the Sycamore Room.
VC/Owens thanked staff for the Power Point presentations which are very
informative. He asked how many Commissioners could attend the Tuesday
meeting and CSD/Rose said that technically, if the meeting is not posted two
Commissioners is the maximum number that can attend. However, if more wish
to attend he can post the agenda 72 hours in advance of the meeting.
VC/Owens asked if the YMCA would have a presence at the meeting and
CSD/Rose said this meeting is for staff and the Pony League representatives
only..
ADJOURNMENT: C/Herndon moved, C/Roberto seconded, to adjourn the Parks and
Recreation Commission meeting. With no one objecting and no further business before
the Parks and Recreation Commission, Vice Chair Owens adjourned the meeting at
8:16 p.m.
JULY 25, 2013 PAGE 6 P&R COMMISSION
The foregoing minutes are hereby approved this 23 day of September 2013.
rT N r.� ' .
0 . a w .
Attest:
TED OWENS, VICE -CHAIR
Agenda No. 6.3
CITY OF DIAMOND BAR
MINUTES OF THE TRAFFIC AND TRANSPORTATION COMMISSION MEETING
AUGUST 8, 2013
CALL TO ORDER:
Chairman Mok called the meeting to order at 7:02 p.m. in the Diamond Bar City Hall Windmill
Community Room, 21810 Copley Drive, Diamond Bar, California 91765.
PLEDGE OF ALLEGIANCE: Commissioner Pincher led the Pledge of Allegiance.
ROLL CALL: Commissioners Ted Carrera, Liana Pincher, Peter
Pirritano, Chairman Kenneth Mok
Absent: Vice Chair Jen "Fred" Mahike was excused
Also Present: David Liu, Public Works Director; Kimberly Young,
Associate Engineer; Christian Malpica, Associate
Engineer (Traffic), and Marcy Hilario,
Administrative Coordinator.
I. APPROVAL OF MINUTES:
A. Minutes of the July 11, 2013 Regular Meeting
C/Carrera moved, C/Pirritano seconded, to approve the Minutes of the July 11,
2013 meeting as presented. Motion carried by the following Roll Call vote:
AYES: COMMISSIONERS: Carrera, Pincher, Pirritano,
Chair/Mok
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: VC/Mahlke
II. PUBLIC COMMENTS: None
III. ITEMS FROM STAFF:
A. Receive and File Traffic Enforcement Updates for:
1. Citations: May, June and July 2013
2. Collisions: May, June and July 2013
3. Street Sweeping: May, June and July 2013
AUGUST 8, 2013 PAGE 2 T&T COMMISSION
C/Pincher asked for a follow up on the street sweeping concerns on
Monument Canyon Drive that Mr. Sakowitz spoke about under Public
Comments at the July 11th meeting. PWD/Liu responded that the update
would be provided to the Commission under Status of Previous Action Items
C/Carrera moved, C/Pirritano seconded, to receive and file the Traffic
Enforcement Update reports for May, June and July 2013. Motion carried by
the following Roll Call vote:
AYES
NOES:
ABSENT:
IV. OLD BUSINESS
V. NEW BUSINESS:
COMMISSIONERS
COMMISSIONERS
COMMISSIONERS
None
Carrera, Pincher, Pirritano,
Chair/Mok
None
VC/Mahlke
A. Power Point Presentation of Grand Avenue Beautification Project (Grand
Avenue at Diamond Bar Boulevard and Grand Avenue at Longview Drive
Intersections)
PWD/Liu stated the reason the City selected these two intersections for the
beautification project were 1) They both serve as primary gateway entries to
the City, and 2) Staff believes the proposed aesthetic features will serve as a
catalyst to stimulate the existing commercial centers, especially at the
intersection of Grand Avenue and Diamond Bar Boulevard.
PWD/Liu introduced Gary Vasquez, Landscape Architect, with David Volz
Design working with DMS Consultants and Engineers forthe proposed project
who presented the Power Point Presentation. PWD/Liu explained that this
proposal is in its infancy and there are no specific recommendations at this
point. Staff intends to involve commercial business centers and owners as
well as, the residents to develop the ultimate improvement plans and
guidelines for this project.
Mr. Vasquez indicated that the focus is a beautification project along Grand
Avenue and Diamond Bar Boulevard as well as, Grand Avenue at Longview
Drive. The Diamond Bar Boulevard/Grand Avenue intersection is surrounded
by commercial retail development on all four corners and the Longview Drive
at Grand Avenue intersection is primarily residential development on all four
corners. The main purpose is to come up with ideas on how to beautify the
landscaping along Grand Avenue at the intersections of Diamond Bar
Boulevard and Longview Drive and to establish a visual identity/street
character along those streets that could possibly be used and implemented
throughout the City in other similar areas. The focus of this exercise was to
AUGUST 8, 2013 PAGE 3 T&T COMMISSION
look at improvements within the right-of-way such as median islands. More
details will be revealed as the project moves forward in terms of selecting
construction materials, textures, finishes and plant material. It is the City's
hope that these efforts will establish guidelines to help guide future
streetscape development along Grand Avenue and that part of that effort will
be used to help encourage business owners to expand beautification ideas
beyond the right-of-way to within some of the existing landscape easements.
The challenges forthe Grand Avenue and Diamond Bar Boulevard commercial
retail business centers include utilities, walls, and signage that need to be
respected for the sake of the business owners. The back of the walk is the
approximate location of the right-of-way and, in many cases, existing
landscape is beyond the right-of-way. Staff hopes to incorporate those areas
along Diamond Bar Boulevard in the next phase of the project to create a more
interesting and pedestrian friendly streetscape. There is not much that can be
done with the median except to rethink or change out some of the paving
materials and replant the area.
Part of the beautification efforts at the Grand Avenue/Longview Drive
intersection would include considering the pedestrian crossings and how those
could be enhanced with paving, reconstructing some of the sidewalks, as well
as, incorporating tree grates and tree wells. There are slope conditions on two
of the sides that are currently maintained by the City and new landscaping
could be done under the existing grove of trees and two smaller nodes to
approve the aesthetics. Looking north on Grand Avenue, the paving could use
some upgrading and enhancement by incorporating tree wells and tree grates
to improve and beautify the parkway. There is opportunity for median
upgrades at this intersection that are wide enough to expand the landscape
within the medians. Again, this project attempts to establish what Diamond
Bar is about by coming up with a visual branding of the City that can be
incorporated into the proposed and future improvements. For example, the
windmill is very visual and could be used in creating the visual image/branding.
In addition, accent lighting within the public right-of-way could enhance the
visual image. For now, the proposal is to beautify the two intersections
mentioned; however, the long term goal is to create a branding that can be
used in other places throughout the City.
Mr. Vasquez showed slides of an intersection in the City of Walnut and
reiterated that staff's challenge is to create guidelines for what is being
proposed in the right-of-way and also work with business owners to obtain
suggestions on how to incorporate signage at the busy intersections. Some
materials that might be appropriate for Diamond Bar have a country feel such
as cut natural stone which could be used for the pedestrian right-of-way as
opposed to the street right-of-way. The beautification efforts will also look at
vertical elements that can be incorporated within the parkway, the medians
and possibly as accents (fences and gateways), also within the parkway and/or
median. Site furnishings such as benches, trash receptacles, bollards, etc. will
be selected to hopefully be repeated in other areas throughout the City. Other
site furnishings might include tree grates which could be customized, bike
racks, bus shelters, etc.
AUGUST 8, 2013 PAGE 4 T&T COMMISSION
The initial design for Phase I includes beautification efforts for improvements
within the existing right-of-way. If there is an opportunity to improve the
medians, that would also be considered along Grand Avenue and Diamond
Bar Boulevard. This would offer a greater opportunity with enhanced paving
along Grand Avenue bringing the improvements around to Diamond Bar
Boulevard with more aesthetic amenities. This design was intended to stand
alone working within the City's right-of-way and within Phase II by expanding
on Phase I without having to do new improvements.
The Grand Avenue/Longview Drive intersection provides the opportunity to
enhance the pedestrian crosswalks, possibly reconstructing the nose of the
existing median by expanding the median, re -landscaping and incorporating
vertical elements and City entry signs, re -landscaping and redesigning of some
of the sidewalks, improving parkways with tree wells and tree grates and
enhanced paving as well as, working in landscaping between the sidewalk and
street. Elevation sketches provide a direction for encouraging future
improvements with natural stone walls and post rail fence that would create a
country upscale look. This look could be incorporated along the Grand
Avenue and Diamond Bar Boulevard intersection.
Mr. Vasquez estimated that the project would cost the City about $877,000 for
the Grand Avenue/Diamond Bar Boulevard street improvements and about
$335,000 for the Longview Drive/Grand Avenue intersections for a total of
about $1.2 million for Phase I. Staff would like to commence this project this
month with a design element process and set of guidelines with construction
documents to be completed for state review for authorization. Subsequently,
we will proceed with the federal funding portion of the project by the end of
October, go out to bid by March 2014 and begin construction in May.
Completion is anticipated by July 2014 for the Phase I improvements.
C/Carrera asked if staff thought about expanding the right-of-way beyond the
back of the sidewalk. PWD/Liu responded affirmatively; however, when it
comes to acquisition of the right-of-way, it would require more time and effort.
During the Phase I process, staff will work closely with the businesses and
shopping center owners to get them to buy in to the phased approach by
having them picture something that will contribute to their businesses down the
road. Ultimately, the City would like to replicate the design guidelines
throughout the entire City. During the Phase II process, staff is hopeful there
is a mutual interest with the businesses and shopping center owners to partner
with the City to gain easements for landscape opportunities. This could be
done to circumvent having to acquire the right-of-way. A key to the success of
this project is an agreeable dialogue with the businesses and shopping
centers.
C/Pincher asked if the proposed new street lights were contemplated for
Phase I or Phase ll, or if that was to be determined at a later date. Mr.
Vasquez responded that Phase I included the accent and pedestrian lighting,
and street lights would be included in Phase 11. C/Pincher asked if the cost for
AUGUST 8, 2013 PAGE 5 T&T COMMISSION
the lighting was included in the cost proposal. Mr. Vasquez shared that the
accent lighting is included in the proposal. C/Pincher asked what the cost of
the street lights might be because she felt they were very attractive. PWD/Liu,
responded that as the standards and materials are reviewed, everything will be
under consideration and those items that are not included in Phase I will
hopefully be included in Phase II; however, the City has to work within its
means. There are adequate funding sources for Phase I that include other
components such as drainage improvements, intersection modifications, etc.
Chair/Mok acknowledged the presence of Council Member Chang.
RECESS: Chair/Mok recessed the meeting at 7:40 p.m.
RECONVENE: Chair/Mok reconvened the meeting at 7:45 p.m.
PWD/Liu stated that this presentation was given to the City Council on
Tuesday night. There are two concerns: 1) what are the proposed
improvements regarding street trees and/or any vertical element because
businesses do not want those features to block their signage; and 2) access to
the different shopping centers at the four corners. The City is not proposing to
modify or change any of the driveway locations. During the meeting with the
businesses and shopping center owners, staff will seek input and formation of
a partnership in working together. Council Members asked about funding
sources, timing and the need to make sure that when staff goes through this
process there is a genuine effort to reach out to the entire community. Staff is
considering how to reach out to the community and at the same time be
sensitive to the requirements that surround the use of federal funds for this
project. C/Carrera asked if federal funds could be used outside of the right-of-
way areas. PWD/Liu responded no.
Chair/Mok asked how many feet the beautification would extend back from the
intersection. PWD/Liu responded that it depends on which leg of the
intersection; however, staff's thought was to extend it back at least to the
driveway location. Chair/Mok asked the same question about Longview Drive
and Grand Avenue and PWD/Liu responded all of the way to the City limit.
Chair/Mok asked if there was anyway that Diamond Bar and Chino Hills could
collaborate and continue the beautification until the median ends at the park
on the crest of the hill. PWD/Liu stated that Diamond Bar has never discussed
this with Chino Hills because the existing medians were built as part of the
Grand Avenue extension. If any landscaping or improvements were done
within those median areas, it would be done by future developers and not
Chino Hills since the property is under the Tres Hermanos Authority.
C/Carrera stated that from his perspective, he understands the geographical
significance of improving the Grand Avenue/Longview Drive improvements;
however, he mentioned that the Grand Avenue/Summitridge Drive intersection
AUGUST 8, 2013 PAGE 6 T&T COMMISSION
to the park and Diamond Bar Center should be considered. PWD/Liu
responded that was one of staff's original proposals; however, the funding
sources had so many restrictions, it was not feasible since those funds cannot
be used beyond the existing right-of-way of Grand Avenue. The intersection
has two unaligned legs and grading and retaining wall improvements would be
required for any significant changes to that intersection. Also, the City would
have to work very closely with "The Country Estates" which is private property
and no federal funds can be used on private property.
C/Carrera moved, C/Pirritano seconded, to receive and file the Power Point
presentation of the Grand Avenue Beautification Project. Motion carried by the
following Roll Call vote:
AYES: COMMISSIONERS: Carrera, Pincher, Pirritano,
Chair/Mok
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: VC/Mahlke
VI. STATUS OF PREVIOUS ACTION ITEMS:
AE/Young stated that at the last meeting, Mr. Sakowitz voiced concerns about the
lack of street sweeping on Monument Canyon Drive. Immediately following the
meeting, he provided a follow up email to staff reiterating his concern and he also
provided photographic and video evidence supporting his contention that street
sweeping was not occurring on Monument Canyon Drive. Staff determined that the
photographic and video evidence Mr. Sakowitz provided was actually taken on a non -
street sweeping week. Since she was not present at the last meeting to hear the
comments directly, AE/Young called Mr. Sakowitz to confirm what his concerns were
so that she could properly address them. He indicated specifically that he merely
believed that street sweeping was not being done at all on his street and he was
concerned that citations were still being issued when the street sweeper was not
passing. She immediately followed up with Dickson, the City's street sweeping
contractor. Sweepers have GPS installed that identifies when the sweeper is on a
specific street, when the broom is engaged, when the water is turned on and off, what
time they are on the street and how fast the driver is driving. AE/Young requested
GPS data specifically for Monument Canyon Drive going back to May to determine if
street sweeping had occurred. In fact, the GPS data indicated that the sweeper had
been on the street on designated street sweeping days within the appropriate times.
Therefore, Mr. Sakowitz's complaint that the street sweeper is never there was not
valid because the GPS data supported that street sweeping did indeed take place on
Monument Canyon Drive. AE/Young followed up with Mr. Sakowitzto inform him that
staff had the GPS data available for his review. He asked for copies and she sent
him a Public Document Request form indicating he could file for copies with the City
Clerk. To date, the City Clerk has not received the request.
AUGUST 8, 2013 PAGE 7 T&T COMMISSION
C/Carrera asked if there was any time that the street sweeper misses an event.
AENoung replied that if it is raining, street sweeping services are not provided;
however, in general, that is the only time the street sweeper does not make a run.
VII. ITEMS FROM COMMISSIONERS: None
VIII. INFORMATIONAL ITEMS:
A. CCTV Project
AE/Malpica reported that staff continues to work with the consultant to improve
and correct the bandwidth capacity.
B. Median Project at Grand Avenue and Summitridge Drive/Diamond Bar
Boulevard at Silver Hawk Drive
AE/Malpica explained that plans and specifications will be advertised August
12th through August 23`d. Bid opening day is scheduled for Monday, August
26th at 2:00 p.m. at City Hall. As part of the scope of work, both medians will
be realigned to improve the line of sight at the two locations, which will improve
the left turn movements.
C. Traffic Signal Operation and Maintenance Master Plan
AE/Malpica stated that staff continues to work closely with the City's consultant
to finalize.the plan.
D. Diamond Bar Traffic Responsive Plan/System
AE/Malpica explained that in order to better handle surge of traffic on streets
during a freeway accident event, including partial lane closures ortotal freeway
shutdown on the SR -57 and SR -60, this system will enable staff to alleviate
traffic congestion and lessen the negative impacts. The system will include
three new signal timing plans that will be implemented in the Traffic
Management System. The system will select the plan based on traffic
demand. This system is intended to be tested by the end of next month.
E. ACE Fairway Grade Separation Project
AE/Malpica reported that staff is working very closely with ACE staff to make
sure all comments regarding potential traffic impacts to the City are addressed.
AUGUST 8, 2013 PAGE 8 T&T COMMISSION
F. Area 1 B/Zone 7 Road Maintenance Project
AE/Young stated that construction began about three weeks ago. The
localized removals and replacements as well as, the edge grind and overlay
have been completed on the residential roadways. A localized R&R will occur
on Golden Springs Drive next week. In addition to work along Golden Springs
Drive, residents will begin to see the chip seal and slurry seal move forward
next week. The area targeted around Quail Summit Elementary School is a
priority for the contractors so they can get it finished before school begins on
August 19th. Work on the remaining streets will continue the week following
the beginning of school with all of the slurry seal scheduled to be completed
within two weeks. The localized R&R is scheduled to begin along Golden
Springs Drive next week and the slurry seal will occur in two phases so that
one lane of traffic can be open at all times in each direction. The first phase of
this project will begin on Friday, August 16th. Staff has asked the contractor to
work closely with the businesses because the stretch of Golden Springs Drive
to be completed is a high traffic area between Brea Canyon Road and just
prior to reaching Lavender Drive at Calvary Chapel. Businesses near Brea
Canyon Road and Golden Springs Drive will be heavily impacted. Although
this project will create some congestion, staff will work to minimize the impacts
to every extent possible. The second phase will be completed the following
Monday, August 19th and Golden Springs Drive will be finished with the slurry
closures. Striping will follow within two weeks after the slurry is completed. A
small section of Diamond Bar Boulevard between Brea Canyon Road and
Fallow Field Drive will be completed on August 20th and 21St
G. Southern California Edison Infrastructure Upgrades
AE/Young reported that this is a project occurring in two prominent
neighborhoods near schools. Work in the Mountain Laurel Way neighborhood
surrounding Chaparral Middle School and Maple Hill Elementary School is
slated to be completed before school commences on August 19th. The
contractor has been working Saturdays to make certairi to avoid school traffic.
Additional work with trucks that will pull cable through the newly installed
conduit will follow; however, there will be no lane closures for that work once
school commences. The work surrounding Diamond Point Elementary
School/Sunset Crossing Road Neighborhood is scheduled for completion of
grinding and paving by the start of school on Wednesday, August 14th. Work
will continue in surrounding neighborhood roadways after the start of school.
Work in the Sunset Crossing Road neighborhood is anticipated to continue
through August into mid to late September.
PWD/Liu stated that just priorto tonight's meeting staff provided the Commission with
a copy of the weekly newsletter from Congressman Ed Royce, which indicates his
strong support of getting the SR-57/SR-60 improvements implemented. The CitX
appreciates his support. Staff also provided information regarding the September 5
Diamond Bar Day at the L.A. County Fair.
AUGUST 8, 2013 PAGE 9 T&T COMMISSION
IX. SCHEDULE OF FUTURE CITY EVENTS: As stated in the agenda.
ADJOURNMENT: There being no further business to come before the Traffic and
Transportation Commission, Chair/Mok adjourned the meeting at 8:17 p.m.
The foregoing minutes are hereby approved this 4 -W day of S�Tr(6E . 2013.
Respectfully,
F
Davi&-6. Liu-tecretary
Attest:
a0
Chairman Kenneth Mok
CITY COUNCIL
Agenda # 6.4
Meeting Date: October 1, 2013
AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
FROM: James DeStefano, City M4'n
TITLE: Ratification of Check Register d ted September 12, 2013 through
September 25, 2013 totaling $ 1,634,331.53
RECOMMENDATION:
Approve.
FINANCIAL IMPACT:
Expenditure of $ 1,634,331.53 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 September 12, 2013 through
September 25, 2013 for $ 1,634,331.53 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 Fua
Accounting Technician
REVIEWED BY:
/% L. daulmX
Finance Director
Attachments: Affidavit and Check Register — 09/12/13 through 09/25/13.
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 September 12, 2013 through September 25, 2013 has been
audited and is certified as accurate. Payments have been allowed from the following
funds in these amounts:
Description
Amount
General Fund
$666,784.38
Prop A - Transit Fund
$9,192.55
Prop C - Transit Tax Fund
$95,618.82
Integrated Waste Mgt Fund
$14,003.62
Comm Dev Block Grand Fund
$11,270.67
LLAD 38 Fund
$32,355.41
LLAD 39 Fund
$26,932.62
LLAD 41 Fund
$16,104.99
Capital Imp Projects Fund
$762,068.47
$1,634,331 .53
Signed:
Dianna Honeywell
Finance Director
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Agenda # F _ S
Meeting Date: Oct. 1, 2013
CITY COUNCIL '� ` AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
w �
VIA: James DeStefano, City Ma a r
TITLE: Preliminary Treasurer's Stateme t — August 2013
RECOMMENDATION:
Approve.
FINANCIAL IMPACT:
No Fiscal Impact
BACKGROUND:
Per City policy, the Finance Department presents the monthly Treasurer's Statement for the City
Council's review and approval. This statement shows the preliminary cash balances for the various
funds, with a breakdown of bank account balances, investment account balances, and the effective
yield earned from investments. This statement also includes a separate investment portfolio report
which details the activities of the investments. All investments have been made in accordance with
the City's Investment Policy.
Since there are still adjustments being made to the cash balances between the various funds for the
Fiscal 12-13 year end, the statement being presented has been termed preliminary. Once the year
end numbers have been finalized a revised August treasurer's statement will be presented to the City
Council for approval.
PREPARED BY:
Susan Full, Senior Accountant
REVIEWED BY:
Dianna L Honeywell, Finance Dirfor Dave Doyle, Assistant City Manager
Attachments: Preliminary Treasurer's Statement, Investment Portfolio Report
CITY OF DIAMOND BAR CITY TREASURER'S REPORT
CASH BALANCE AS OF August 31, 2013
(Preliminary)
BEGINNING CASH BALANCE $24,538,085.45
CASH RECEIVED
Cash Receipts $1,737,950.79
Total Cash Received
$1,737,950.79
$26,276,036.24
EXPENDITURES
Checks Written
($1,224,562.87)
Payroll Transfers
(577,383.88)
Wire Transfers
0.00
Returned Checks
0.00
Charge Card Fees & Other Adjustments
(5,716.39)
Total Expenditures
($1,807,663.14)
CASH BALANCE AS OF: July 31, 2013
$24,468,373.10
TOTAL CASH BREAKDOWN
Active Funds
General Account
($56,746.76)
Payroll Account
$50,000.90
Change Fund
$1,000.00
Petty Cash Account
$500.00
Cash With Fiscal Agent
$3.20
Unamortized Discount on Investments
$4,278.86
Total Active Funds
($963.80)
Investment Funds:
Local Agency Investment Fund
$7,346,500.43
Corporate Floating Rate Notes
$749,549.86
Federal Agency Callable
$8,996,648.55
Bank Negotiable CDs
$6,446,522.73
Wells Fargo Advantage Money Market Fund
$930,115.33
Total Investment Funds
$24,469,336.90
CASH BALANCE AS OF: July 31, 2013 $24,468,373.10
Average Yield to Maturity 0.723%
FY2013-14 Year -To -Date Interest Earnings $30,863.76
FY2013-14 Budgeted Annual Interest Earnings $180,950.00
CITY OF DIAMOND BAR
INVESTMENT PORTFOLIO SUMMARY REPORT
for the Month of August 31, 2013
PERCENT OF DAYS TO
INVESTMENTS BOOK VALUE PORTFOLIO TERM MATURITY YIELD TO MATURITY
Local Agency Investment Fund
$7,346,500.43
30.02%
1
1
0.244
Corporate Floating Rate Notes
$749,549.86
3.06%
931
787
0.501
Federal Agency Issues - Callable
$8,996,648.55
36.77%
1,576
603
0.847
Negotiable CD's - Banks
$6,446,522.73
26.35%
1,433
1,054
1.227
Wells Fargo Sweep Account
$930,115.33
3.80%
1
1
0.010
Total Investments and Averages $24,469,336.90 100.00% 986 446 0.723
TOTALS
TOTAL INTEREST EARNED
r
J,,t4s DeStefno
City Treasurer
9/26/2013
Date
$24,469,336.90 100.00% N/A N/A N/A
MONTH ENDING
August 31, 2013
$16,464.00
FISCAL YEAR-TO-DATE
2013-14
$30,863.76
I certify that this report accurately reflects all City pooled investments
and is in conformity with the investment policy of the City of Diamond Bar
approved by City Council and on file in the City Clerk's office. The investment program
herein provides sufficient cash flow liquidity to meet the next six months estimated
expenditures.
Page 1
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CITY COUNCIL
Agenda # 6.6
Meeting Date: October 1, 2013
AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
VIA: James DeStefano, City Mana e
TITLE: AUTHORIZE THE CITY MANAG R TO PURCHASE ONE F-350 XLT SUPER DUTY WORK
TRUCK FROM MCCOY MILLS FORD AT A COST NOT TO EXCEED $48,000 USING FUNDS
FROM THE EQUIPMENT REPLACEMENT (VEHICLES) AND ROAD MAINTENANCE FUNDS
RECOMMENDATION:
Authorize.
FINANCIAL IMPACT:
The FY 13-14 budget appropriates $44,000 from the Equipment Replacement Fund (520-4090-46100) for the
purchase of as -needed vehicles. The Public Works Road Maintenance Equipment Fund (001-5554-41300) also
appropriates $10,000 to supplement the purchase of a departmental vehicle. With the lowest bid for the proposed
work truck coming in at $46,687.84, staff recommends that the Council authorize the purchase of the vehicle using
$36,687.84 in Equipment Replacement funds with the remaining balance funded from the Road Maintenance —
Equipment budget.
BACKGROUND/DISCUSSION:
Upon adoption of the 2013-14 municipal budget, the City Council authorized the creation of an in-house Senior
Street Maintenance Worker position in Road Maintenance. The essential functions of this newly created position
require the purchase of a specialized work truck, as the City's fleet does not currently feature an unassigned
vehicle meeting the following necessary specifications:
Ford F-350 XLT Super Duty diesel single cab DRW work truck, white
Harborbody Pro Contractor Body (12 foot bed)
Tommy Gate G2 Dual Drive Hydraulic Lift Gate
2 %" Receiver Class V Tow Hitch — GTW 20,000 & TW 2,700
Per the City's purchasing policy, staff sought three bids from qualified dealers, including McCoy Mills Ford in
Fullerton, Chino Hills Ford, and Colley Ford in Glendora. Two of the three dealers responded (results attached),
with Colley Ford failing to respond. McCoy Mills Ford edged out Chino Hills Ford with a low bid of $46,687.84,
including taxes and fees.
Therefore, staff recommends the Council authorize the purchase of the vehicle from McCoy Mills Ford. Upon
authorization, staff will place a factory order to purchase the vehicles, with expected delivery within six weeks.
Prepared by:
Assistant to the City Manager
McCoy Mills
McCoy Mills Ford
700 W. Commonwealth Ave
Fullerton, CA. 92832
Phone: 714-526-5501
Fax: 714-992-5447
uote
uote # 74195
Email: jmartinez@mccoymills.com 1 September 12, 2013
o: City of Diamond Bar
QTY
MAKE
MODEL / DESCRIPTION
MSRP
SALE: PRICE
i
Ford
F350 6.7 diesel
$30,938.00
1
ruck body
$11,783.00
SLIBTOTAIl
DOC It GOVENRMENT FEE
SALES TA
TOTAL$46,687.84
$42,721.00
$114.75
$3,852.09
THANK YOU FOR YOUR BUSINESSI
Ryan McLean
From:
]
Sent:
Monday, August 19, 2013 5:10 PM
To:
Ryan McLean
Subject:
F350 Truck
Mr McLean,
Here is the quote on the F350 truck that you were looking for. The cost is $42901.77,tax 3861.15, tire fee$12.00 for a
total of $46774.92 for the truck. If you have any questions feel free to contact me.
Willie Marshall
Fleet Manager
Chino Hills Ford
Over 30 years at Chino Hills Ford
"Fleet as it should be"
CITY COUNCIL
Agenda # 6 . 7
Meeting Date: October 1 2013
AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
r
VIA: James DeStefano, City Man6
TITLE: APPROPRIATE $20,000 FROM ENERAL FUND RESERVES TO THE
PUBLIC WORKS OPERATING BUDGET AND APPROVE THE
EXECUTION OF THE MEMORANDUM OF UNDERSTANDING WITH
THE LOS ANGELES GATEWAY WATER MANAGEMENT AUTHORITY
(GWMA) TO DEVELOP A WATERSHED MANAGEMENT PROGRAM
AND COORDINATED INTEGRATED MONITORING PROGRAM FOR
THE LOWER SAN GABRIEL RIVER WATERSHED COMMITTEE
"LSGR".
RECOMMENDATION:
Appropriate, Approve and authorize City Manager to execute the MOU.
FINANCIAL IMPACT:
A budget amount of $100,000 has been incorporated into the Public Works Department
Operating Budget for FY 2013/2014 to fund the costs associated with the preparation of
a Watershed Management Program (WMP) as required by the Regional Water Quality
Control Board and the National Pollutant Discharge Elimination System Municipal
Separate Storm Sewer System (MS4) Permits. Pursuant to the attached Memorandum
of Understanding and the corresponding exhibits, Diamond Bar is responsible for
contributing the amount of $119,470 in FY 2013/2014 based on a formula that accounts
for the percentage of Diamond Bar's jurisdictional land area within the watershed. The
City of Diamond Bar drains into two creeks. The southern half drains to Coyote Creek
and the northern half drains to San Jose Creek. Rather than developing two separate
Watershed Management Programs, the City requested that the northern portion of the
City that drains to San Jose Creek be included in the efforts of the Lower San Gabriel
River Watershed Committee. The costs associated with the San Jose Creek will be
borne by the City of Diamond Bar and shared with Caltrans in the event that Caltrans
decides to join the efforts. In the meantime, the costs associated with the San Jose
Creek are estimated at $62,573 for the City of Diamond Bar while the costs associated
with Coyote Creek are estimated at $56,897 for a total amount of $119,470. With
$100,000 already approved in the FY13-14 Budget, an additional appropriation of
$20,000 from General Funds Reserves to the Public Works Operating Budget is
requested.
BACKGROUND/DISCUSSION:
Over the course of the past several months, Diamond Bar has been meeting with other
Permittees within the Lower San Gabriel River watershed which includes a portion of
Coyote Creek, San Jose Creek and Reach 1, Reach 2 and Reach 3 of the Lower San
Gabriel River to form a revised working technical group. Members consist of cities and
other public agencies within the Lower San Gabriel River watershed area that must
work together to meet the requirements under the Regional Water Quality Control
Board, Los Angeles Region, National Pollutant Discharge Elimination System Municipal
Separate Storm Sewer System Permit Order No. R4-2012-0175 ("MS4 Permit" adopted
November 8, 2012). This permit imposes strict deadlines including the preparation of a
Watershed Management Program "WMP" and a Coordinated Integrated Monitoring
Program "CIMP" for the Lower San Gabriel River watershed by June 28, 2014. Under
this new regulation, Cities now have to prohibit non -storm water discharges that flow
through the storm drain system to LA County Rivers.
In 2011, a group of Watershed Permittees, voluntarily created a Technical Committee to
prepare an Implementation Plan, Monitoring Plan and Special Studies for the Coyote
Creek and San Gabriel Reach 1 cities. The watershed group entered into a
Memorandum of Agreement (MOA) with the Gateway Water Management Authority
(GWMA) as the administrator for the group. Funds were collected and expended for the
Total Maximum Daily Loads (TMDL) work. Council approved the MOA on June 19,
2012 in the amount of $30,000 for FY 2012-2013.
On May 16, 2013, the members of the TMDLs Committee plus representatives of
cities/agencies in the San Jose Creek, Reach 2 and Reach 3 of the San Gabriel River
decided to work together on preparing a Watershed Management Program (WMP) with
the option of converting to an Enhanced Watershed Management Program (EWMP)
and voted to change the name to the Lower San Gabriel River (LSGR) Watershed
Committee to reflect the expanded duties and members. The WMP allows for greater
flexibility to Permitees to develop a program to meet permit requirements on a
watershed scale through customized strategies, control measures and BMP's. The
draft WMP is required by June 28, 2014. Alternatively, the EWMP requires a
collaboration of Permittees to comprehensively evaluate opportunities for a multi -benefit
regional treatment project. The draft EWMP is required by June 28, 2015. Should the
LSGR Watershed Committee decide to pursue a EWMP, the change must be reported
to the Water Quality Control Board by December 28, 2013.
The Permittees included in this MOU are: Artesia, Bellflower, Cerritos, Diamond Bar,
Downey, Hawaiian Gardens, La Mirada, Lakewood, Long Beach, Norwalk, Pico Rivera,
Santa Fe Springs, Whittier, and the Los Angeles County Flood Control District. Caltrans
and La Habra Heights may join at a later date, and if so, calculations will be revised to
reflect their full participation.
The attached MOU is based on a template that is being used for all 4 watershed groups
in the Gateway Region. Based on input and review of the GWMA, LSGR Watershed
Committee members and their respective legal counsels, the attached MOU was
approved by GWMA at its regular board meeting on September 12, 2013.
2
Because the deadline of June 30, 2014 to complete the WMP is less than one year, it is
imperative that the MOU be approved and executed by each of the watershed group
members by October 15, 2013. The MOU was reviewed by the City Attorney prior to
the Board approving it at their September 12, 2013 meeting.
Key Elements of the MOU:
- Development of a WMP with a deadline of June 30, 2014 with an option to
convert to an Enhanced WMP;
- Requires that a representative and an alternate from the watershed committee
be named and authorized to speak on decisions made by the group;
- Establishes the GWMA as the entity to contract with consultants chosen by the
watershed group and process payments for consultants;
- Outlines a process for annual budget adoption;
- Outlines a process for invoicing and payments by the members of the watershed
group;
- The MOU will be automatically renewed annually through January 11, 2028 to
monitor, implement, coordinate and report to the LA Regional Water Quality
Control Board.
- Provides a process for terminating the MOU by either party.
PREPARED BY:
Kimberly M. Young, Associate Engineer
REVIEWED BY:
David (:;Liu, Director of Public Works
Attachment: Memorandum of Understanding
3
DATE PREPARED:
September 24, 2013
MEMORANDUM OF UNDERSTANDING
BETWEEN THE LOS ANGELES GATEWAY REGION INTEGRATED
REGIONAL WATER MANAGEMENT JOINT POWERS AUTHORITY
AND
THE CITIES OF ARTESIA, BELLFLOWER, CERRITOS, DIAMOND BAR,
DOWNEY, HAWAIIAN GARDENS, LA MIRADA, LAKEWOOD, LONG BEACH,
NORWALK, PICO RIVERA, SANTA FE SPRINGS, WHITTIER, AND THE LOS
ANGELES COUNTY FLOOD CONTROL DISTRICT
FOR ADMINISTRATION AND COST SHARING TO PREPARE A WATERSHED
MANAGEMENT PROGRAM "WMP" and COORDINATED INTEGRATED
MONITORING PROGRAM "CIMP" AS REQUIRED BY THE REGIONAL WATER
QUALITY CONTROL BOARD, LOS ANGELES REGION (REGIONAL WATER
BOARD), IN VARIOUS NATIONAL POLLUTANT DISCHARGE ELIMINATION
SYSTEM MUNICIPAL SEPARATE STORM SEWER SYSTEM PERMITS ("MS4
PERMITS') FOR THE LOWER SAN GABRIEL RIVER WATERSHED
This memorandum of understanding ("MOU") is made and entered into as
of August 1, 2013, by and between the Los Angeles Gateway Region Integrated
Regional Water Management Joint Powers Authority ("GWMA"), a California
Joint Powers Authority, and the Cities of Artesia, Bellflower, Cerritos, Diamond
Bar, Downey, Hawaiian Gardens, La Mirada, Lakewood, Long Beach, Norwalk,
Pico Rivera, Santa Fe Springs, and Whittier, and the Los Angeles County Flood
Control District ("District'):
RECITALS
WHEREAS, the mission of the GWMA includes the equitable protection
and management of water resources within its area; and
WHEREAS, the Watershed Permittees manage, drain or convey storm
water into at least a portion of the Coyote Creek, San Jose Creek, as well as
Reach 1, Reach 2 and Reach 3 of the San Gabriel River; and
WHEREAS, for the purposes of this MOU, the term "Watershed
Permittees" shall mean the cities of Artesia, Bellflower, Cerritos, Diamond Bar,
Downey, Hawaiian Gardens, La Mirada, Lakewood, Long Beach, Norwalk, Pico
Rivera, Santa Fe Springs, Whittier, the District, and, if it enters into this MOU, the
California Department of Transportation ("Caltrans"); and
WHEREAS, several of these Watershed Permittees are in multiple
watersheds and this MOU shall only pertain to those areas tributary to the Lower
San Gabriel River Watershed; and
Page 1 of 36
12664/0001/1608532-2
WHEREAS, the Watershed Permittees and the GWMA are collectively
referred to as the ("Parties"); and
WHEREAS, a Metals TMDL MOU was established in 2012 by the
Watershed Permittees tributary to Coyote Creek including the Cities of Downey
and Bellflower which drain to Reach 1 of the San Gabriel River but not including
the City of Pico Rivera and the District ("Metals TMDL Technical Committee"),
providing for annual funding of $250,000 through December 31, 2022 for tasks
including monitoring, report preparation and other assistance from the
consultants: and
WHEREAS, the Watershed Permittees wish to maintain continuity of that
Metals TMDL Technical Committee effort to work with the GWMA in coordinating
the preparation of the Plans that may be presented to the California Regional
Water Quality Control Board, Los Angeles Region ("Regional Water Board") on
behalf of the Watershed Permittees; and
WHEREAS, the Los Angeles MS4 Permit was adopted by the Regional
Water Board on November 8, 2012 and became effective on December 28, 2012
and allows Watershed Permittees to prepare a Watershed Management Program
("WMP") or an Enhanced Watershed Management Program ("EWMP") and a
Coordinated Integrated Monitoring Program ("CIMP"), collectively "the Plans," to
address certain elements of the MS4 Permit; and
WHEREAS, Section VI.E.3 of the new MS4 permit provides a framework
for developing implementation plans for USEPA-established TMDLs by requiring
permittees subject to waste load allocations ("WI -As") in such TMDLs to propose
and implement best management practices ("BMPs") that will be effective in
achieving compliance with USEPA-established numeric WI -As; and
WHEREAS, the final deadline for achieving compliance with the Metals
TMDL is September 30, 2026; and,
WHEREAS, the City of Long Beach and the California Department of
Transportation ("Caltrans") are regulated under separate MS4 permits; and
WHEREAS, Caltrans and the City of La Habra Heights are considering
entering into this MOU with the Watershed Permittees and the GWMA to
coordinate preparation of the Plans; and
WHEREAS, if Caltrans or other parties enter into the MOU, the Parties
contemplate that the payment formula in Table 1 and Table 2 will be modified as
appropriate and each Watershed Entity's proportionate payment obligation
adjusted accordingly to reflect Caltrans' payments; and
Page 2 of 36
12664/0001/1608532-2
WHEREAS, the Watershed Permittees have elected to prepare the Plans
to address certain elements of the MS4 Permit; and
WHEREAS, preparation of the Plans requires administrative coordination
for the Watershed Entities that the GWMA can provide; and
WHEREAS, at the April 18th and 24th, 2013 meetings of the Metals TMDL
Technical Committee, the decision was made to prepare a WMP and CIMP with
the option of converting the WMP to an Enhanced Watershed Management
Program upon approval by the Metals TMDL Technical Committee prior to
December 28, 2013; and
WHEREAS, the Cities of Diamond Bar, Downey, Santa Fe Springs, Pico
Rivera, Whittier, Caltrans and the District which have additional areas in or
tributary to Reach 2 and Reach 3 of the San Gabriel River as well as San Jose
Creek have expressed their intent to participate in the Metals TMDL Technical
Committee for the preparation of the Plans; and
WHEREAS, at the meeting on May 16, 2013, the Metals TMDL Technical
Committee changed its name to: the "Lower San Gabriel River Watershed
Committee ("LSGR Watershed Committee");" and the decision was made to
terminate the Metals TMDL MOU and to include the District and Caltrans, if it
enters into this MOU, as members of the LSGR Watershed Committee; and
WHEREAS, the LSGR Watershed Committee has approved the inclusion
of the areas of the Watershed Permittees that are tributary to Coyote Creek, the
San Gabriel River Reaches 1, 2 and 3 and San Jose Creek, but excluding the
estuary and estuary watershed (Exhibit A) in the development of the Plans; and
WHEREAS, the LSGR Watershed Committee has approved a Scope of
Work (Exhibit C); and
WHEREAS, there are remaining funds on deposit with the GWMA for use
in implementation measures for the Metals TMDL as a result of a previous MOU
and these funds shall be used for the preparation of the Plans, and
WHEREAS, the Parties have determined that authorizing GWMA to retain
the consultant and hire additional consultants as necessary to prepare and
deliver the Plans will be beneficial to the Parties; and
WHEREAS, the Parties have determined to pay their proportionate share
of the costs of preparing the Plans and other related costs to be incurred by the
GWMA in accordance with the Cost Sharing Allocation Formula reflected in
Exhibit B ('Respective Costs").
Page 3 of 36
12664/0001/1608532-2
NOW, THEREFORE, in consideration of the mutual covenants and
conditions set forth herein, the Parties do hereby agree as follows:
Section 1. Recitals. The recitals set forth above are fully incorporated
as part of this MOU.
Section 2. Purpose. The purpose of this MOU is to cooperatively
support and undertake preparation of the Plans, necessary environmental
documentation, and any additional services agreed to by the Watershed
Permittees working through the LSGR Watershed Committee and as approved
by the GWMA. This MOU does not include services related to the implementation
of the Plans. The Parties will enter into an amendment to the MOU if they desire
to collectively provide such services.
Section 3. Cooperation. The Parties shall fully cooperate with one
another to achieve the purposes of this MOU.
Section 4. Voluntary Nature. The Parties voluntarily enter into this
MOU.
Section 5. Binding Effect. This MOU shall become binding on GWMA
and the Watershed Permittees that execute this MOU.
Section 6. Term. This MOU shall remain and continue in effect through
September 30, 2026, unless terminated earlier pursuant to this MOU. The term
of the MOU for the District shall expire upon approval or acceptance of the Plans
by the Regional Water Board unless the Parties agree to an amendment to this
MOU providing for continuing participation by the District.
Section 7. LSGR Watershed Committee Representative.
a) Each Watershed Permittee shall appoint a representative
("Representative") and, as necessary, an "Alternate
Representative" to the LSGR Watershed Committee. Each
Watershed Permittee shall have one vote on the LSGR Watershed
Committee.
b) The LSGR Watershed Committee shall appoint a Representative
("Representative") and may appoint an Alternate Representative
("Alternate Representative"), each of whom shall have the authority
to speak on behalf of the LSGR Watershed Committee to the
GWMA on decisions to be made by the LSGR Watershed
Committee, The LSGR Watershed Committee shall inform the
GWMA of the names of the Representative and Alternate
Representative in writing. The GMWA may rely on written directions
from either the Representative or the Alternate Representative. In
Page 4 of 36
12664/0001/1608532-2
the event of conflicting directions from the Representative and the
Alternative Representative, the GWMA shall rely on the
Representative's direction.
Section 8. Role of the GWMA. The GWMA will contract with and serve
as a conduit for paying the Consultants as approved by the Watershed
Permittees. The consultant or consultants ("Consultant") shall prepare the Plans
and any other plans and/or projects that the LSGR Watershed Committee has
determined are necessary and the costs of which the Watershed Permittees
have agreed to pay. The Representative and the Alternative Representative shall
be the means of communication between the LSGR Watershed Committee and
the GWMA on the approval of the Consultant and any other work the LSGR
Watershed Committee requests and which will be paid by the Watershed
Permittees.
Section 9. Financial Terms.
a) Each Watershed Permittee shall pay its Respective Costs as
provided in Exhibit B for Consultant and any other related costs to
which the Representative or the Alternate Representative informs
the GWMA in writing that the LSGR Watershed Committee has
approved. The District's total costs shall not exceed $100,000.00
without the District's written agreement. In the event the LSGR
Watershed Committee approves an increase in the budget
pursuant to Section 9-e, the GWMA shall terminate this MOU with
the District if the District does not inform the GWMA in writing within
thirty (30) days that it will pay its increased Respective Costs
unless the LSGR Watershed Committee informs the GWMA within
that time that the other Watershed Permittees agree to absorb the
District's additional Respective Costs.
b) Watershed Permittees tributary to Reach 3 and San Jose Creek will
be responsible for any additional costs due to Reasonable
Assurance Analysis, monitoring and preparation of any WMP
addenda for their individual tributary areas as provided in Exhibit B.
C) Each Watershed Permittee shall also pay its proportional share of
GWMA's staff time for retaining a Consultant and invoicing the
Watershed Permittees, audit expenses and other overhead costs,
including legal fees, ("MOU Costs") incurred by GWMA in the
performance of its duties under this MOU. GWMA shall add a
percentage not to exceed three percent (3%) to each invoice
submitted to each Watershed Permittee to cover each Watershed
Permittee's share of the MOU Costs. The MOU Costs percentage
shall be set each fiscal year through a majority vote by the GWMA's
Policy Board.
Page 5 of 36
12664/0001/1608532-2
d) GWMA shall submit an invoice to each Watershed Permittee upon
selection of a Consultant reflecting each Watershed Permittee's
estimated Respective Costs of Consultant services and MOU Costs
through the following June 30th or December 31St, whichever date is
earlier. Prior to releasing payment to the Consultant the GWMA
shall submit a copy of the Consultant's invoice to the LSGR
Watershed Committee for approval. The GWMA shall not make any
payment to a Consultant without the approval of the LSGR
Watershed Committee as expressed in writing by the
Representative or Alternate Representative.
e) GWMA shall not be required to incur obligations for its 2013-14
fiscal year in excess of the budget reflected in Table 1 or in
subsequent fiscal years as reflected in Table 2 in excess of any
budget approved by the GWMA and the LSGR Watershed
Committee unless the LSGR Watershed Committee authorizes the
GWMA to expend the additional funds. GWMA may suspend the
work of the Consultants if the LSGR Watershed Committee has not
provided authorization to incure these additional obligations.
f) Upon receiving the first and each subsequent invoice, each
Watershed Permittee shall pay their Respective Costs and MOU
Costs to the GWMA within forty-five days (45) days of receipt.
g) The budget for the 2013-14 fiscal year shall be as provided in Table
1 of Exhibit B. Each successive year, commencing May 15, 2014,
the LSGR Watershed Committee shall recommend to GWMA a
budget for the following fiscal year. Within 30 days of submission of
the budget the GWMA shall consider the recommendation and
adopt a budget inclusive of the LSGR Watershed Committee's
recommendation by June 30th. Each successive year commencing
with the 2014-15 fiscal year, any increase above a recommended
budget of $250,000 as adjusted by the local April to March CPI, will
require an amendment to this MOU. GWMA will send each
Watershed Permittee an invoice during the first month of each fiscal
year representing the Watershed Permittee's Respective Costs of
the adopted budget as provided in Table 2. GWMA shall not
expend funds nor incur obligations in excess of the budgeted
amount without prior notification to and approval by the LSGR
Watershed Committee.
h) Each year GWMA shall provide an invoice to each Watershed
Permittee, representing that Watershed Entity's Proportionate
Share of the approved budget within thirty (30) days of approval of
its budget for expenses related to the MOU.
Page 6 of 36
12664/0001/1608532-2
i) A Watershed Permittee will be delinquent if the invoiced payment is
not received by the GWMA within forty-five (45) days after first
being invoiced by the GWMA. The GWMA will follow the procedure
listed below, or such other procedure that the LSGR Watershed
Committee directs to effectuate payment: 1) verbally contact the
representative of the Watershed Permittee and at phone number
listed in Section 14 of the MOU, and 2) submit a formal letter from
the GWMA Executive Officer to the Watershed Permittee at the
address listed in Section 14 of the MOU. If payment is not received
within sixty (60) days of the due date, the GWMA may terminate the
MOU unless the City Managers/Administrators/Chief Executive
Officers for those Watershed Permittees in good standing inform
the GWMA in writing that they agree to adjust their Proportional
Cost allocations in accordance with the Cost Share Formula in
Exhibit B to account for the delinquent Watershed Permittees costs.
However, no such termination may be ordered unless the GWMA
first provides the Watershed Permittees with ninety (90) days
written notice of its intent to terminate the MOU. If the GWMA
receives such confirmation from the City
Managers/Administrators/Chief Executive Officers, the delinquent
Watershed Permittee's participation in this MOU will be terminated
and the Cost Share Formula Table 2 or such other formula to which
the Watershed Permittees shall direct will be adjusted. A terminated
Watershed Permittee shall remain obligated to GWMA for its
delinquent payments and any other obligations incurred prior to the
date of termination.
j) GWMA may suspend or modify the scope of work being performed
by any Consultant retained by GWMA if any Watershed Permittee
has not paid its invoice within forty five (45) days of receipt unless
the City Managers/Administrators/Chief Executive Officers of those
Watershed Permittees in good standing inform the GWMA that they
will pay the delinquent Watershed Permittee's costs once the MOU
with the delinquent Watershed Permittee has been terminated.
k) Any delinquent payments by a Watershed Permittee shall accrue
compound interest at the average rate of interest paid by the Local
Agency Investment Fund during the time that the payment is
delinquent.
1) Funds remaining in the possession of the GWMA at the end of the
term of this MOU, or at the termination of this Agreement,
whichever occurs earlier, shall be promptly returned to the then
remaining Watershed Permittees in good standing and in
accordance with the Cost Share Formula in Exhibit B.
Page 7 of 36
12664/0001/1608532-2
m) The Parties, with the exception of Caltrans, the District and Pico
Rivera, previously funded the development of the Metals TMDL
Implementation Plan through a MOU. There are funds remaining in
this account. Upon execution of this WMP/EWMP and CIMP MOU,
the previous Metals TMDL MOU shall be terminated and any
remaining funds are to be used to fund this new MOU.
Section 10. Independent Contractor.
a) The GWMA is, and shall at all times remain, a wholly independent
contractor for performance of the obligations described in this
MOU. The GWMA's officers, officials, employees and agents shall
at all times during the Term of this MOU be under the exclusive
control of the GWMA. The Watershed Permittees cannot control the
conduct of the GWMA or any of its officers, officials, employees or
agents. The GWMA and its officers, officials, employees, and
agents shall not be deemed to be employees of the Watershed
Permittees.
b) The GWMA is solely responsible for the payment of salaries,
wages, other compensation, employment taxes, workers'
compensation, or similar taxes for its employees and consultants
performing services hereunder.
Section 11. Indemnification and Insurance.
a) The GWMA shall include in the agreements with the Consultants an
indemnification clause requiring the Consultants to defend,
indemnify and hold harmless each of the Watershed Permittees
and the GWMA, their officers, employees, and agents, from and
against any and all liabilities, actions, suits, proceedings, claims,
demands, losses, costs, and expenses, including legal costs and
attorney's fees, for injury to or death of person(s), for damage to
property (including property owned by the GWMA or any
Watershed Permittee) resulting from negligent or intentional acts,
errors and omissions committed by Consultants, their officers,
employees, and other representatives and agents, arising out of or
related to Consultants' performance under its agreement with the
GWMA.
b) Each Watershed Permittee shall defend, indemnify and hold
harmless the other Parties and their officers, employees, and other
representatives and agents from and against any and all liabilities,
actions, suits proceedings, claims, demands, losses, costs, and
expenses, including legal costs and attorney's fees, for injury to or
death of person(s), for damage to property (including property
owned by the GWMA and any Watershed Permittee) for negligent
Page 8 of 36
12664/0001/1608532-2
or intentional acts, errors and omissions committed by the
indemnifying Watershed Permittee or its officers, employees, and
agents, arising out of or related to that Watershed Permittee's
performance under this MOU, except for such loss as may be
caused by GWMA's or any other Party's gross negligence or that of
its officers, employees, or other representatives and agents other
than the Consultants.
c) The GWMA shall defend, indemnify and hold harmless the
Watershed Permittees, their officers, employees, and other
representatives and agents of the Watershed Permittees, from and
against any and all liabilities, actions, suits proceedings, claims,
demands, losses, costs, and expenses, including legal costs and
attorney's fees, for injury to or death of person(s), for damage to
property (including property owned by the Watershed Permittees)
and for negligent or intentional acts, errors and omissions
committed by GWMA, its officers, employees, and agents, arising
out of or related to GWMA's performance under this MOU.
d) Consultant's Insurance. The GWMA shall require the Consultants
to obtain and maintain through the term of their contracts with the
GWMA the following policies of insurance with minimum limits as
indicated below and issued by insurers with A.M. Best ratings of no
less than A:
Comprehensive Commercial General Liability Insurance with
minimum limits of One Million Dollars ($1,000,000) per
incident or accident for bodily injury, death and property
damage;
ii. Automobile Liability Insurance for any owned, non -owned or
hired vehicle used in connection with the performance of the
Services under this MOU with minimum combined single
limits coverage of One Million Dollars ($1,000,000);
iii. Professional Liability (Errors and Omissions) Insurance,
which in aggregate with the Comprehensive General Liability
Insurance, provides a minimum limit of Two Million Dollars
($2,000,000) per incident; and
iv. Workers' Compensation insurance as required by the State
of California.
e) GWMA makes no guarantee or warranty that the reports prepared
by GWMA and its Consultant shall be approved by the relevant
governmental authorities. GWMA shall have no liability to the
Watershed Permittees for the negligent or intentional acts or
Page 9 of 36
12664/0001/1608532-2
omissions of GWMA's Consultants. The Watershed Permittees'
sole recourse for any negligent or intentional act or omission of the
GWMA's Consultant shall be against the Consultant and its
insurance.
Section 12. Termination.
a) A Watershed Permittee may withdraw from this MOU for any
reason, or no reason, by giving the other Watershed Permittees
thirty (30) days written notice thereof. The effective withdrawal date
shall be the thirtieth (30th) day after GWMA receives the
withdrawing Watershed Permittee's notice to withdraw from the
MOU. The withdrawing Watershed Permittee shall be responsible
for its Respective Costs and MOU Costs, which the GWMA
incurred or to which it became bound through the effective date of
withdrawal. Such MOU Costs shall include the remaining fees of
any Consultant retained by the GWMA through the effective date of
withdrawal. Should any Watershed Permittee withdraw from the
MOU, the remaining Watershed Permittees' Respective Cost
allocation shall be adjusted in accordance with the Cost Share
Formula in Exhibit B. A withdrawing Watershed Permittee shall
remain liable for any loss, debt, or liability otherwise incurred while
participating in this MOU. If, after paying any such loss, debt, or
liability, its Respective Costs and its MOU Costs incurred through
the effective date of withdrawal, the GWMA has any unspent funds
remaining from the withdrawing Watershed Permittee's deposits,
GWMA shall promptly return such unspent deposit to the
withdrawing Watershed Permittee.
b) The GWMA may, with a two-thirds (2/3) vote of the full GWMA
Policy Board, terminate this MOU upon not less than thirty (30)
days notice, effective on May 1 or December 1 of each year. Any
remaining funds not due and payable or otherwise legally
committed to Consultant shall be returned to the remaining
Watershed Permittees in accordance with the Cost Allocation
Formula set forth in Exhibit B.
Section 13. Termination of the Metals TMDL MOU. The Parties hereby
terminate the Metals TMDL MOU.
Section 14. Miscellaneous.
a) Notices. All Notices which the Parties require or desire to give
hereunder shall be in writing and shall be deemed given when
delivered personally or three (3) days after mailing by registered or
certified mail (return receipt requested) to the following address or
Page 10 of 36
12664/0001/1608532-2
as such other addresses as the Parties may from time to time
designate by written, notice in the aforesaid manner:
To GWMA:
Ms. Grace Kast
GWMA Executive Officer
c/o Gateway Cities Council of
Governments
16401 Paramount Boulevard
Paramount, CA 90723
To the Watershed Permittees:
William Rawlings
City Manager
City of Artesia
18747 Clarkdale Avenue
Artesia, CA 90701
Mr. Jeffrey L. Stewart
City Manager
City of Bellflower,
16600 Civic Center Drive
Bellflower, CA 90706
Art Gallucci
City Manager
City of Cerritos
P.O. Box 3130
Cerritos, CA 90703-3130
Mr. David Liu
Director of Public Works
City of Diamond Bar
21810 Copley Drive
Diamond Bar, CA 91765
Mr. Gilbert Livas
City Manager
City of Downey
11111 Brookshire Avenue
Downey, CA 90241
Page 11 of 36
12664/0001/1608532-2
Mr. Ernesto Marquez
City Manager
City of Hawaiian Gardens,
21815 Pioneer Blvd
Hawaiian Gardens, CA 90716
Mr. Jeff Boynton
City Manager
City of La Mirada
13700 La Mirada Blvd
La Mirada. CA 990638
Ms. Lisa A. Rapp,
Director of Public Works
City of Lakewood
5050 Clark Avenue
Lakewood, CA 90712
Mr. Anthony Arevalo
Storm Water/Environmental Compliance
Storm Water Management Division
City of Long Beach
333 West Ocean Boulevard, 9t" Floor
Long Beach, CA 90802
Mr. Michael J. Egan
City Manager
City of Norwalk
12700 Norwalk Blvd
Norwalk, CA 90650
Mr. Arturo Cervantes, PE
Director of Public Works/City Engineer
City of Pico Rivera
6615 Passons Boulevard
Pico Rivera, CA 90660
Thaddeus McCormack
City Manager
City of Santa Fe Springs
11710 Telegraph Road
Santa Fe Springs, CA 90670
Page 12 of 36
12664/000111608532-2
Mr. David Pelser
Director of Public Works
City of Whittier
13230 Penn Street
Whittier. CA 90602
Mr. Gary Hildebrand
Los Angeles County Flood Control District
County of Los Angeles Department of Public
Works Watershed Management Division, 11th
Floor
900 S. Fremont Avenue
Alhambra, CA 91803-1331
b) Separate Accounting and Auditing. The GWMA will establish a
separate account to track revenues and expenses incurred by the
GWMA on behalf of the Watershed Permittees. Any Watershed
Permittee may upon five (5) days written notice inspect the books
and records of the GWMA to verify the cost of the services provided
and billed by GWMA. GWMA shall prepare and provide to the
Watershed Permittees annual financial statements and audits, after
review and approval by the LSGR Watershed Committee.
c) Amendment. The terms and provisions of this MOU may not be
amended, modified or waived, except by a written instrument
signed by all Parties and approved by all Parties as substantially
similar to this MOU.
d) Waiver. Waiver by either the GWMA or a Watershed Permittee of
any term, condition, or covenant of this MOU shall not constitute a
waiver of any other term, condition, or covenant. Waiver, by the
GWMA or a Watershed Permittee, to any breach of the provisions
of this MOU shall not constitute a waiver of any other provision or a
waiver of any subsequent breach of any provision of this MOU.
e) Law to Govern: Venue. This MOU shall be interpreted, construed,
and governed according to the laws of the State of California. In the
event of litigation between the Parties, venue shall lie exclusively in
the County of Los Angeles.
f) No Presumption in Drafting. The Parties to this MOU agree that the
general rule than an MOU is to be interpreted against the Parties
drafting it, or causing it to be prepared, shall not apply.
g) Severability. If any term, provision, condition or covenant of this
MOU is declared or determined by any court of competent
Page 13 of 36
12664/0001/1608532-2
jurisdiction to be invalid, void, or unenforceable, the remaining
provisions of this MOU shall not be affected thereby and this MOU
shall be read and construed without the invalid, void, or
unenforceable provisions(s).
h) Entire Agreement. This MOU constitutes the entire agreement of
the Parties with respect to the subject matter hereof and
supersedes all prior or contemporaneous agreements, whether
written or oral, with respect thereto.
i) Counterparts. This MOU may be executed in any number of
counterparts, each of which shall be an original, but all of which
taken together shall constitute but one and the same instrument,
provided, however, that such counterparts shall have been
delivered to all Parties to this MOU.
j) Legal Representation. All Parties have been represented by
counsel in the preparation and negotiation of this MOU.
Accordingly, this MOU shall be construed according to its fair
language.
k) Agency Authorization. Each of the persons signing below on behalf
of the Parties represents and warrants that he or she is authorized
to sign this MOU on their respective behalf.
IN WITNESS WHEREOF, the Parties hereto have caused this MOU to be
executed on their behalf, respectively, as follows:
DATE:
fMdKlGBDi1iBIII- &I
LOS ANGELES GATEWAY REGION
INTEGRATED REGIONAL WATER
MANAGEMENT JOINT POWERS
AUTHORITY
Christopher S. Cash
GWMA Chair
Page 14 of 36
IN WITNESS WHEREOF, the Parties hereto have caused this MOU to be
executed on their behalf, respectively, as follows:
DATE:
CITY OF ARTESIA
Mr. William Rawlings
Interim City Manager
18747 Clarkdale Avenue
Artesia, CA 90701
William Rawlings
Interim City Manager
ATTEST: APPROVED AS TO FORM:
[name] [name]
City Clerk City Attorney
Page 15 of 36
12664/0001/1608532-2
IN WITNESS WHEREOF, the Parties hereto have caused this MOU to be
executed on their behalf, respectively, as follows:
DATE:
CITY OF BELLFLOWER
Mr. Jeffrey L. Stewart
City Manager
City of Bellflower
16600 Civic Center Drive
Bellflower. CA 90706
Jeffrey L. Stewart
City Manager
ATTEST: APPROVED AS TO FORM:
[name] [name]
City Clerk City Attorney
Page 16 of 36
12664/0001/1608532-2
IN WITNESS WHEREOF, the Parties hereto have caused this MOU to be
executed on their behalf, respectively, as follows:
DATE: CITY OF CERRITOS
Mr. Art Gallucci
City Manager
P.O. Box 3130
Cerritos, CA 90703-3130
Art Gallucci
City Manager
ATTEST: APPROVED AS TO FORM:
[name] [name]
City Clerk City Attorney
Page 17 of 36
12664/0001/1608532-2
IN WITNESS WHEREOF, the Parties hereto have caused this MOU to be
executed on their behalf, respectively, as follows:
.TTA1111r:1l
CITY OF DIAMOND BAR
Mr. James DeStefano
City Manager
21810 Copley Drive
Diamond Bar, CA 91765
Jim DeStefano
City Manager
ATTEST: APPROVED AS TO FORM:
[name] [name]
City Clerk City Attorney
Page 18 of 36
1266410001/1603532-2
IN WITNESS WHEREOF, the Parties hereto have caused this MOU to be
executed on their behalf, respectively, as follows:
IUGIVr4
CITY OF DOWNEY
Mr. Gilbert A. Livas
City Manager
11111 Brookshire Avenue
Downey, CA 90241
Gilbert A. Livas
City Manager
ATTEST: APPROVED AS TO FORM:
[name] [name]
City Clerk City Attorney
Page 19 of 36
12664/0001/1608532-2
IN WITNESS WHEREOF, the Parties hereto have caused this MOU to be
executed on their behalf, respectively, as follows:
DATE:
CITY OF HAWAIIAN GARDENS
Mr. Ernesto Marquez
City Manager
21815 Pioneer Blvd
Hawaiian Gardens, CA 90716
Ernesto Marquez
City Manager
ATTEST: APPROVED AS TO FORM:
[name] [name]
City Clerk City Attorney
Page 20 of 36
1266410001/1608532-2
IN WITNESS WHEREOF, the Parties hereto have caused this MOU to be
executed on their behalf, respectively, as follows:
DATE: CITY OF LA MIRADA
Mr. Jeff Boynton
City Manager
13700 La Mirada Blvd
La Mirada, CA 90638
Jeff Boynton
City Manager
ATTEST: APPROVED AS TO FORM:
[name] [name]
City Clerk City Attorney
Page 21 of 36
12664/000111608532-2
IN WITNESS WHEREOF, the Parties hereto have caused this MOU to be
executed on their behalf, respectively, as follows:
DATE:
CITY OF LAKEWOOD
Mr. Howard L. Chambers
City Manager
5050 Clark Avenue
Lakewood, CA 90712
Howard L. Chambers
City Manager
ATTEST: APPROVED AS TO FORM:
[name] [name]
City Clerk City Attorney
Page 22 of 36
12664/0001/1608532-2
IN WITNESS WHEREOF, the Parties hereto have caused this MOU to be
executed on their behalf, respectively, as follows:
DATE:
CITY OF LONG BEACH
Mr. Patrick H. West
City Manager
333 West Ocean Boulevard, 13th Floor
Long Beach, CA 90802
Patrick H. West
City Manager
ATTEST: APPROVED AS TO FORM:
[name] [name]
City Clerk City Attorney
Page 23 of 36
12664/0001/1608532-2
IN WITNESS WHEREOF, the Parties hereto have caused this MOU to be
executed on their behalf, respectively, as follows:
DATE:
CITY OF NORWALK
Mr. Michael J. Egan
City Manager
12700 Norwalk Blvd
Norwalk, CA 90650
Michael J. Egan
City Manager
ATTEST: APPROVED AS TO FORM:
Theresa Devoy
City Clerk City Attorney
Page 24 of 36
12664/0001/1608532-2
IN WITNESS WHEREOF, the Parties hereto have caused this MOU to be
executed on their behalf, respectively, as follows:
DATE:
CITY OF PICO RIVERA
Mr. Ronald Bates, Ph. D.
City Manager
6615 Passons Boulevard
Pico Rivera, CA 90660
Ronald Bates, Ph. D.
City Manager
ATTEST: APPROVED AS TO FORM:
[name] [name]
City Clerk City Attorney
Page 25 of 36
12664/0001/1608532-2
IN WITNESS WHEREOF, the Parties hereto have caused this MOU to be
executed on their behalf, respectively, as follows:
IBy-All r2l
CITY OF SANTA FE SPRINGS
Mr. Thaddeus McCormack
City Manager
11710 Telegraph Road
Santa Fe Springs, CA 90670
Thaddeus McCormack
City Manager
/_41111119x.`1 G WW000 :IaL•62CH701VLTA I
[name] [name]
City Clerk City Attorney
Page 26 of 36
1266410001/1608532-2
IN WITNESS WHEREOF, the Parties hereto have caused this MOU to be
executed on their behalf, respectively, as follows:
i.7_0r:4
ATTEST:
CITY OF WHITTIER
Mr. Jeffery W. Collier
City Manager
13230 Penn Street
Whittier, CA 90602
Jeffery W. Collier
City Manager
APPROVED AS TO FORM:
Kathryn A. Marshall Richard D. Jones
City Clerk -Treasurer City Attorney
Page 27 of 36
12664/0001/1608532-2
IN WITNESS WHEREOF, the Parties hereto have caused this MOU to be
executed on their behalf, respectively, as follows:
DATE:
12664/000111608532-2
LOS ANGELES COUNTY FLOOD
CONTROL DISTRICT
County of Los Angeles
Department of Public Works
Watershed Management Division,1 1 th FI.
900 South Fremont Avenue
Alhambra, CA 91803-1331
Chief Engineer
APPROVED AS TO FORM:
John F. Krattli
County Counsel
Associate
Page 28 of 36
EXHIBIT A
Unincorporated Areas are not a part of this MOU
Page 29 of 36
EXHIBIT B
Cost Sharing Formula
The District will pay 10 percent (10%) of the cost of preparing the WMP (or
EWMP) and CIMP. Each remaining Watershed Permittee will pay according to
the cost sharing formula in Table 1. All Watershed Permittees shall pay the 3
percent (3%) GWMA administrative costs.
Page 30 of 36
TABLE 1
Estimated cost share for WMP and CIMP development
and early action monitoring for FY 2013-14
Lower San Gabriel River Watershed
WMP/GIMP $643,155
TOTAL
$750,000
Action Monitoring $85,000
-Early
GWMA Administration (3%) $21,845
LACFCD Allocation
$66,245
10% Total less early action monitoring and early action administration)
Distributed Cost (Total - LACFCD Allocation)
$683,755
Area 80 percent of
20 percent of
TOTAL
Agency Distributed Cost proportioned
Distributed Cost
Per
(sq mi)
based on area
proportioned equally
Agency
Artesia 1.62 $9,308
$9,768
$19,076
Bellflower 1.90 $11,230
$9,768
$20,998
Cerritos 8.82 $58,730
$9,768
$68,498
Diamond Bar 7.13 $47,129
$9,768
$56,897
Downey 6.62 $43,629
$9,768
$53,396
Hawaiian Gardens 0.96 $4,777
$9,768
$14,545
La Mirada 7.84 $52,003
$9,768
$61,771
Lakewood 2.02 $12,053
$9,768
$21,821
Long Beach 3.34 $21,114
$9,768
$30,882
Norwalk 9.76 $65,182
$9,768
$74,950
Pico Rivera 6.14 $63,891
$9,768
$73,659
Santa Fe Springs 8.88 $59,142
$9,768
$68,909
Whittier 14.66 $98,816
$9,768
$108,584
Caltrans TBD TBD
$9,768
$9,768
TOTAL 79.69 $547,004
$136,751
$683,755
WMP/CIMP $75,000
TOTAL
$77,250
GWMA Administration (3%) $2,250
LACFCD Allocation (10%)
$7,725
Distributed Cost (Total - LACFCD Allocation)
$69,525
80 percent of
20 percent of
TOTAL
Agency
Area
Distributed Cost proportioned
Distributed Cost
Per
(sq mi)
based on area
proportioned equally
Agency
Diamond Bar
7.76
$55,620
$6,953
$62,573
Caltrans
TBD
TBD
$6,953
$6,953
TOTAL
7.76
$55,620
$13,905
$69,525
NOTES:
• ' The Districts at this time has not committed to funding the early -action monitoring ($85,000).
• 2 The inclusion of the San Jose Creek drainage area has been estimated to be $75, 000. The city of
Diamond Bar shall be responsible for the portion of the city draining
to San Jose Creek. Cost to be shared
based upon above funding formula with the District and Caltrans.
• ''Caltrans and additional members'shares are to be determined.
• 'Includes first year's payment adjustment of $21,745
• Other agencies may participate upon approval of cost sharing agreements by the LSGR Watershed
Committee and GWMA. Future participants shall be assessed a late entry cost as if they had been a
participant from the beginning of the Metals TMDL MOU, as of March 1, 2012, unless otherwise determined
by the LSGR Watershed Committee.
. Watershed Permittees and the cost share are subject to modifications
due to, but not limited to, changes in
the number of participating agencies, refinements in mapping, and changes in boundaries.
Page 31 of 36
Table 2
Estimated Cost Sharing Formula per $250,000 beginning June 29, 2014 through
September 30, 2026.
Page 32 of 36
Area
80 percent of cost
20 percent of cost
TOTAL
Agency
(sq mi)
proportioned on
proportioned equally
Per
abased
Agency
9 y
Artesia
1.62
$3,708
$3,571
$7,279
Bellflower
1.90
$4,345
$3,571
$7,916
Cerritos
8.82
$20,178
$3,571
$23,749
Diamond Bar
14.89
$34,053
$3,571
$37,624
Downey
6.62
$615,140
$3,571
$18,711
Hawaiian Gardens
0.96
$2,188
$3,571
$5,759
La Mirada
7.84
$17,930
$3,571
$21,501
Lakewood
2.02
$4,620
$3,571
$8,191
Long Beach
3.34
$7,638
$3,571
$11,209
Norwalk
9.76
$22,323
$3,571
$25,894
Pico Rivera
6.14
$14,043
$3,571
$17,614
Santa Fe Springs
8.88
$20,308
$3,571
$23,879
Whittier
14.66
$33,527
$3,571
$37,098
Caltrans'
TBD
TBD
$3,571
$ 3,571
TOTAL
87.45
$200,001
$49,994
$249,995
NOTES:
• r Caltrans's cost share is an estimate and will be determined at a laterdate. Each agency's total will be
adjusted accordingly.
• Upon completion and approval or acceptance of the Plans by the Regional Water Board, the District's
participation will be subject to an amendment to the MOU or equivalent agreement. The Districts at this
time has not committed to funding the early -action monitoring ($85,000)
• Other agencies may participate upon approval of cost sharing agreements by the LSGR Watershed
Committee and GWMA. Future participants may be assessed a late entry cost as if they had been a
participant from the beginning of the Metals TMDL MOU, as of March 1, 2012, unless otherwise
determined by the LSGR Watershed Committee.
• Watershed Permittees and the cost share are subject to modifications due to, but not limited to, changes
in the number of participating agencies, refinements in mapping, and changes in boundaries.
Page 32 of 36
Exhibit C
Scope of Work
This proposed Scope of Services herein will be to develop a WMP and establish
one early -action monitoring location. Implementation, unless specifically directed
by the LSGR Technical Committee, is not included.
rr110n2 iII Mff1 0
• Identify and prioritize water quality issues,
• Identify strategies and control measures,
• Non-Stormwater control measures,
• Reasonable Assurance Analysis (computer modeling),
• Develop an Integrated Monitoring Program,
• A summary of available data demonstrating the current quality of the
Watershed Permittees' MS4 discharges,
• A detailed description of BMPs that have been implemented,
• An assessment of the minimum control measures (MS4 Permit Part
VI.D.8). Any individual Permittee annual reports are not a part of this
scope of work.
The WMP being developed under this Scope of Work shall be a "living"
document that can and should be modified as future monitoring data becomes
available and the program develops following a strategy of adaptive
management. At the request of the LSGR Technical Committee, the initial 6
months effort will keep open the possibility of converting the WMP to an
Enhanced Watershed Management Program (EWMP) if permitted by the
Regional Water Board and authorized by the LSGR Technical Committee.
The specific steps for this scope of work are described in the following section.
A final Draft WMP is to be ready for submittal to the Regional Water Board no
later than June 28, 2014,
Page 33 of 36
Specific Tasks
1. BACKGROUND / HISTORICAL DATA / HYDROLOGICAL SETTING
The data collection portion of this task was essentially completed during the
TMDL Implementation Plan development. However, additional work will be
necessary to include Pico Rivera and incidental areas of Reach 3. This
information will need to be analyzed and incorporated into the final draft WMP.
Deliverables:
- Source Assessment based on waterbody/pollutant combinations
- Review of applicable IRWMPs
Tasks that have previously been essentially completed, but will need to be
incorporated into the WMP are:
- Baseline map
- Historical Water Quality Data
- Identification of water quality priorities
- Evaluation of existing water quality conditions
- Prioritization of the water quality issues
- Assemble available water quality reports
- Compilation of existing control measures (permittee surveys and annual
reports)
2. MONITORING
This task will require coordination between several agencies, including, but not
limited to, Orange County, Los Angeles County Flood Control and the Sanitation
Districts of LA County.
Deliverables:
- Summary of outfall/receiving water /special study requirements
- Summary of existing Monitoring Programs
- Review past GIP (spell out GIP) site monitoring
- Receiving Water Monitoring - for this Scope of Work, it is assumed
County Flood Control will continue monitoring at Mass Emission Station.
- Prepare Coordinated Integrated Monitoring Program (CIMP), including:
o Wet -weather outfall based monitoring program
o Non-stormwater Outfall based monitoring and screening plan
- Inspection of outfalls
- An approach to integrating MS4, TMDL and Special Study monitoring
- Set up shared database for new development/redevelopment
Effectiveness Tracking
- Regional Studies (participate in Southern California Monitoring Coalition)
- Ongoing review of monitoring data as it becomes available
Page 34 of 36
Establish an Early Action Monitoring site on North Coyote Creek (County Flood
Control approval required) and conduct first year's sample collection and
analysis.
3. REASONABLE ASSURANCE ANALYSIS (RAA)
Contact a minimum of four modeling consultants (including, but not limited to:
Tetra Tech, Geosyntech, CWE and Pace Engineering) to provide cost estimates
and scopes of works to conduct a Reasonable Assurance Analyses for each
TMDL, 303(d) listed and receiving waste exceedances using a peer-reviewed,
public domain, quantitative modeling system. The Technical Committee will
select the consultant and modeling system.
Deliverables:
- Draft Technical Memorandum
- Final Technical Memorandum
4. REVIEW AND EVALUATE MINIMUM CONTROL MEASURES
The MS4 permit requires an evaluation and customization of the Minimum
Control Measures (MCMs, formerly referred to as BMPs). Watershed Permittees
not implementing a WIMP or EWMP are required to implement all MCMs.
Deliverables:
- Develop list of potential EWMP project sites,
- Summarize scientific data supporting potential EWMP sites,
- Source control,
- Operational Controls,
- Identify potential opportunities for customization of the MS4's Minimum
Control Measures (Part VI.D.8.D). Describe the modification, potential
justifications for those modifications and provide materials for compilation.
Page 35 of 36
5. WATERSHED MANAGEMENT PROGRAM PLAN
This task represents the analysis of the information developed in tasks 1 through
4 and compilation into a first draft for review by the Technical Committee, then
preparation of a final draft for submittal to the Regional Water Board.
Deliverables:
- Communication with Regional Water Board and preparation of documents
(December 28, 2013, for potential conversion to EWMP.
- First Draft Watershed Implementation Plan submitted to Technical
Committee:
o Target Date April 1, 2014
Final Draft Watershed Implementation Plan for submittal to Regional
Water Board:
o Target date June 1, 2014
6. COORDINATION WITH TECHNICAL COMMITTEE
Regular meetings and communications with the Watershed Permittees will be
critical during the preparation of the WMP. This will include:
Deliverables:
- Schedule and prepare agenda and summary notes for monthly meetings
- Attend and participate in the Technical Advisory Committee
- Attend and participate in Regional Water Board meetings
- Quarterly budget reports
Page 36 of 36
0CITY
r�r��,
111 OND BAR111
CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
Agenda 4 8.1
Meeting Date: October 1, 2013
AGENDA REPORT
i
FROM: James DeStefano, City Ma e
TITLE: Adopt The Employee Deferred ompensation Plan Investment Policy And
Appoint Its Committee Members
RECOMMENDATION:
Approve
BACKGROUND:
The 457 Deferred Compensation Plan was established in November 1989 and currently covers
approximately 77 current and/or former employees. The purpose of the Plan is to encourage
employees to build long-term careers by providing eligible employees with a convenient way to save
on a regular and long-term basis for retirement. Currently, the 457 Plan is administered by
International City Management Association Retirement Corporation (ICMA-RC). This is a voluntary
employee funded Plan.
DISCUSSION:
During the past decade, numerous legislative and regulatory changes have significantly impacted the
way public sector employers manage their deferred compensation plans. Because of the Small
Business Job Protection Act, the Economic Growth and Tax Reconciliation Act and the Pension
Protection Act, employers are required to exercise fiduciary "due diligence" to ensure that fund
options and provider services are competitive and provide optimal investment returns to participants.
The Finance Department, with the help of the firm Fiduciary Experts, has conducted a comprehensive
review of our employee deferred compensation plan. As a result of this process the City is
formalizing its fiduciary process for the 457 Deferred Compensation Plan under the provisions set
forth by the California Constitution, which closely follows the Employee Retirement Income Security
Act of 1974 (ERISA), and sets best practices as a means to manage and document such processes.
The Department of Labor states:
With these fiduciary responsibilities, there is also potential liability.
Fiduciaries who do not follow the basic standards of conduct may be personally liable to restore any
losses to the plan, or to restore any profits made through improper use of the plan's assets resulting
from their actions.
However, fiduciaries can limit their liability in certain situations. One way fiduciaries can demonstrate
that they have carried out their responsibilities properly is by documenting the processes used to
carry out their fiduciary responsibilities.
The 457 Plan states that the Plan sponsor is the ultimate fiduciary of the Plan. The Plan sponsor in
this case is stated as the City of Diamond Bar which makes the City Council members personally
liable for the oversight and management of the plan. As a means of delegating this responsibility, the
formalization of a 457 Investment Committee and appointment of its members is a critical component
in managing this liability. The creation of the 457 Investment Committee and its appointed members
would establish the process and criteria for such oversight and would be reported back to the City
Council on an annual basis.
Per the California Constitution, the City is tasked with formalizing the Investment Committee and
reviewing information as it pertains to the employee deferred compensation plan. The Committee
shall provide input on the fund selections and services rendered by the City's deferred compensation
provider, negotiating lower costs overall and monitoring and making adjustments to such investment
choices. The Committee will also educate participants on plan disclosures and plan use, proving that
costs are reasonable while documenting the process as part of best practices in order to prove
consistency under a due diligent process. It is part of the City's fiduciary responsibility to explore the
most competitive options (for both funds and services) while formalizing their fiduciary process.
Based on a comprehensive review of fees, investment options and educational services, the
Committee would be in charge of facilitating the process to restructure plans, review and negotiate on
the City's behalf as its fiduciary.
It is proposed that the Investment Committee consist of the following members:
City Manager
Finance Director
Human Resources Manager
2 City Staff Members who are participants in the Plan who will be appointed annually by the
standing Investment Committee members
Attachments:
1. Exhibit A - Investment Policy Statement for The City of Diamond Bar's Employee's Deferred
Compensation Plan
2. Resolution 2013 -XX Section 457 Deferred Compensation Retirement Plan Investment Policy
Statement
PREPARED BY:
Dianna L. Honeywell
Finance Director
REVIEWED BY:
Lc
Finance Director
Assistant City Manager
Attachment 1
City of Diamond Bar
Section 457 Deferred Compensation Retirement Plan
Investment Policy Statement
October 2013
TABLE OF CONTENTS
I) INTRODUCTION
Page
A) Purpose and Scope of Investment Policy Statement.......................................................1
B) Plan Objective...................................................................................................1
C) Investment Option Menu......................................................................................1
Il) STATEMENT OF RESPONSIBILITIES
A)
Committee.........................................................................................................2
B)
Investment Managers...........................................................................................3
C)
Plan Participants...............................................................................................4
D)
Investment Consultant........................................................................................4
E)
Record Keeper..................................................................................................5
F)
Custodian............................................................................................................6
III) COMMITTEE PROCESS
A) Meeting Frequency.............................................................................................6
B) Investment Fund Selection....................................................................................6
C) Investment Fund Performance Evaluation...................................................................6
D) Investment Fund Termination and Watch Status...........................................................7
IV) ASSETCLASSES..................................................................................................8
V) ERISA 404(c)
STATEMENT......................................................................................................9
VI) ADOPTION &
SIGNATURE....................................................................................................10
VII) APPENDICES
A) Potential Plan Investment Options, Benchmarks, and Peer Groups
I) INTRODUCTION
A) Purpose and Scope of Investment Policy Statement. The purpose of this Investment
Policy Statement is to record the investment objectives and investment policies solely for
the City of Diamond Bar Section 457 Deferred Compensation Retirement Plan (the
"Plan"). The City of Diamond Bar Deferred Compensation Committee (the
"Committee") administers and provides oversight of the Plan. This Investment Policy
Statement supersedes any other investment policy or guidelines previously adopted by
the Committee. It is intended to assist the Committee in meeting its fiduciary
responsibility, effectively constructing, supervising, and evaluating the investment
program established for the Plan by:
1) Making a clear distinction among the responsibilities of the Committee, the
investment fund managers, the Plan participants and beneficiaries, and other Plan
service providers, and
2) Establishing a framework for the selection, monitoring, and evaluation of the Plan's
investment fund managers.
Although the Employee's Retirement Income Security Act of 1974 ("ERISA") does not
apply to the Plan, the Committee intends to operate the Plan generally in conformance
with ERISA 404(c). Investment decisions made by the Committee will be made for the
sole interest of the participants and beneficiaries of the Plan.
The policies and practices outlined herein will not be overly restrictive given changing
economic, business, and capital market conditions. The intent of these objectives is to be
sufficiently specific to be meaningful, but flexible enough to be practical. It is
understood that there can be no guarantees about the attainment of the goals or
investment objectives outlined herein. The Policy may be reviewed annually and revised
anytime as necessary to ensure it adequately reflects changes related to the Plan.
B) Plan Objective. The Plan was established to provide eligible employees an opportunity
to save on a tax-deferred basis. The Plan is a tax-deferred defined contribution plan that
provides for benefits based solely on the amount contributed to each participant's
account, plus or minus any income, expenses, and gains or losses.
The Plan Document and Summary Plan Description for the Plan are the governing plan
documents and contain the specific plan provisions and requirements for determining
eligibility to make and/or receive contributions under the Plan.
C) Investment Option Menu
1) Purpose of Investment Options
1
(a) Consistent with ERISA 404(c), investment options are selected to provide
participants with an opportunity to diversify their accounts across a reasonable
risk and reward spectrum.
(b) Participants may select from any combination of investment options and may
change the asset allocation of their investments pursuant to the Plan provisions
and guidelines set by Investment Fund Managers and/or Record Keepers.
2) Construction of the Investment Option Menu
(a) The number and types of investment options and the investment fund managers
retained to manage the investment options are subject to change based upon the
Committee's on-going review and evaluation of the investment menu offered to
participants.
(b) The Committee may add, replace, or remove investment options or funds at any
time when it concludes such a change is in the best interests of Plan participants
and beneficiaries.
(c) Investment options generally will not be added if, in the Committee's judgment,
they are redundant or duplicative of existing options.
(d) When selecting investment options the Committee will bear in mind the wide
range of objectives of the participants.
(e) The investment options that may be available in the 'Plan are described in the
attached Appendix A.
II) STATEMENT OF RESPONSIBILITIES
A) Committee. The Committee has the responsibility as the fiduciary for management of
Plan Assets.
It is the intent of the Committee to fulfill its fiduciary responsibilities with respect to the
Plan solely in the interest of the participants and beneficiaries. The Committee members,
as fiduciaries, are to perform their duties with the care, skill, prudence, and diligence
under the circumstances then prevailing that a prudent person acting in like capacity and
familiar with such matters would use in the conduct of an enterprise of a like character
and with like aims.
In fulfilling its fiduciary duty, the Committee shall be responsible for:
1) Selecting the investment design features of the Plan. This includes establishing the
following:
(a) the investment policy and objectives,
4
(b) the number and types of investment alternatives available to Plan participants, and
(c) participant investment procedures.
2) Appointing, monitoring and evaluating all investment funds in accordance with
guidelines and benchmarks established within this Investment Policy Statement.
3) Monitoring Plan costs which are charged to Plan assets and or paid by Plan
participants, including but not limited to investment management fees, custodial fees
and fees paid to other Plan service providers from Plan assets.
4) Delegating, when necessary, certain tasks or various functions to Subcommittees, the
Plan Administrator, and/or service providers.
5) Complying with all laws and regulations governing the Plan.
B) Investment Managers
At present, the Plan primarily utilizes mutual funds as Plan investment vehicles. The
Committee may utilize separately managed accounts, commingled pooled funds, mutual
funds, variable annuity contracts and any other funding vehicles as it deems appropriate
for use by the Plan and is consistent with governing law and regulations. These various
funding vehicles and approaches are collectively and interchangeably referred to using
the term, "investment manager," "investment funds," "investment fund managers,"
"investment products," "mutual funds," and/or "registered investment advisors" within
this Investment Policy Statement.
1) General Responsibilities. All Investment Managers managing assets of the Plan
shall maintain the assets of the Plan in compliance with all applicable laws and
regulations. Responsibilities include, but are not limited to, the following:
(a) Plan assets shall be invested with the care, skill, prudence, and diligence that
would be applied by a prudent professional investor, acting in like capacity and
knowledgeable in the investment of retirement funds.
(b) All transactions undertaken on behalf of the Plan shall be for the sole interest of
Plan participants and beneficiaries.
(c) With respect to the use of mutual funds, the Committee expects assets of such
funds to be invested in accordance with the applicable prospectus.
(d) All mutual funds shall be registered Investment Companies as defined under the
Investment Company Act of 1940 (Act). The Investment Companies need not be
classified as "diversified" Investment Companies as defined in the Act. Funds
also may be offered through a variable annuity contract.
2) Information Provided to the Committee. The Committee may from time to time
request the Investment Managers or their representatives to meet with them to discuss
the following topics, including but not limited to:
3
(a) The manager's views concerning the economy and the securities markets, with
focus on the likely impact of the fund's strategies on portfolio performance.
(b) The effects of any changes to the investment fund's organization, investment
philosophy, financial condition, or professional staff.
3) Specific Duties. The specific duties and responsibilities of each investment fund are
as follows:
(a) Managing the Plan's assets under their supervision in accordance with their
mandates or those contained within their published guidelines or prospectuses.
(b) Exercising full investment discretion in regards to buying, managing and selling
assets held in the portfolio.
C) Plan Participants. The Committee recognizes that the Plan is a significant source of
retirement income for Plan participants and their beneficiaries. Investment, contribution,
and allocation decisions shall be made solely by each Plan participant subject to certain
procedural and administrative guidelines and default investment procedures for
automatically enrolled or other participants that do not make an investment election. The
Committee shall make available through the Record Keeper investment option
performance results and other educational information relating to investment concepts
and the investment options. The provision of this information and service does not
constitute investment advice. It is solely the responsibility of each Plan participant to
direct the investments in their account. Participants alone bear the risk associated with
their selections. Participants are responsible for the following:
1) Determining their contribution deferral rate above the City contribution, if any.
2) Selecting their investment options for both existing balances and new contributions.
3) Monitoring their asset allocation strategy and making adjustments as personal
situations change.
4) Electing the timing and form of distributions according to the terms of the Plan.
D) Investment Consultant. The Committee may retain the services of a qualified
independent Investment Consultant. The primary responsibility of the Investment
Consultant is to inform and advise the Committee on various investment related issues
with respect to the oversight of and potential enhancements to the Plan. Such services
include:
1) Assisting the Committee with determining an appropriate process for constructing the
structure of the investment menu.
4
2) Providing timely, accurate, and unbiased reports evaluating return, risk and
characteristics (where available) of each of the funds compared to appropriate indexes
and/or peer group universes.
3) Apprising the Committee of changes with regard to its funds in an appropriate time
frame given the significance of the information.
4) Conducting a fund review at the request of the Committee when, for example,
noteworthy changes or material under -performance occurs.
5) Assisting the Committee in the search and replacement of existing funds when a
review so merits this change.
The Investment Consultant's role is to provide information and advice to the Committee.
The Investment Consultant has no discretionary control or authority over the Plan and its
assets. However, in its role as an advisor to the Committee the Investment Consultant
has acknowledged a fiduciary role with respect to the investment advice provided to the
Committee.
E) Record Keeper. The Record Keeper has no discretionary authority over the Plan and its
assets and is not a fiduciary with respect to the Plan or its assets. Among other items, the
Record Keeper is responsible for:
1) Maintaining the Plan's participant account balances in an accurate and confidential
manner.
2) Preparation of quarterly participant statements.
3) Completion of the annual compliance tests as included in their service agreement.
4) Accurate and timely Plan data and reports to the Committee as included in their
service agreement.
5) Providing participants with electronic access to account information and transactions
as contracted by the Company.
6) Coordination of the provision of fund prospectuses to participants as requested.
7) Providing various participant communication materials as described in the service
agreement and/or requested by the Committee.
8) Providing general investment education to Plan participants regarding the procedures
for making investment choices under the Plan and general investment education
regarding each of the investment options offered under the Plan consistent with the
requirements of ERISA 404(c).
5
F) Custodian. The Custodian is non -discretionary and takes direction from the Committee
or its delegates. The Custodian is charged with the following responsibilities:
1) Safekeeping all securities;
2) Settling transactions;
3) Receiving contributions;
4) Allocating contributions among investment accounts as instructed;
5) Making participant distributions as instructed;
6) Providing periodic account statements to the Committee and other service providers
as requested by the Committee.
111) COMMITTEE PROCESS
A) Meeting Frequency. The Committee or designated subcommittee will review the
investment performance of the funds offered in the Plan no less frequent than semi-
annually. The Committee will also review the investment policy and investment options
offered in the plan on an annual basis. The Committee may choose to meet on a more
frequent basis (e.g., monthly, bimonthly, or quarterly). The Committee may designate
one or more subcommittees which may meet periodically.
B) Investment Fund Selection. Searches for investment funds should include candidates
that have demonstrated success in similar strategies. In selecting an investment fund, a
due -diligence process is followed, which analyzes the investment fund in terms of:
1) Investment performance track record and consistency of returns achieved with risks
taken.
2) Alignment of fund investment philosophy, process, and style with Plan option
objectives.
3) Size and experience of professional staff.
4) Tenure of investment management team and parent organization.
5) Competitiveness of Investment management fees.
6) Compatibility with Plan trading requirements.
7) An assessment of fund statistics measuring risk related to its benchmark.
C) Investment Fund Performance Evaluation. Performance objectives will be established
for each fund and/or asset class at the time the class is included. The perfom2ance review
6
will include measuring the funds' investment performance to stated benchmarks and peer
groups, as well as monitoring risk measures. The Committee will review the
performance of investment funds to determine if they are achieving the established
objectives. The following will be evaluated:
1) Quantitative Measures.
(a) Active Investment Strategies. Funds employing active management are
expected to rank above the 50th percentile of the appropriate peer group for the
rolling three and five year time periods. It is also expected that the risk of each
fund, as defined by standard deviation of returns, be commensurate with the
appropriate market index and/or peer group. The benchmarks and peer groups are
outlined in Appendix A.
(b) Passive Investment Strategies. Passive funds are expected to track the
performance of the index strategy that the option is designed to replicate, less
management fees, with marginal tracking error. Typically rolling three and five
year periods will be evaluated. It is also expected that the risk of each fund, as
defined by standard deviation of returns, be commensurate with the appropriate
market index. The benchmarks are outlined in Appendix A.
2) Qualitative Measures. The funds will also be monitored on an ongoing basis for
other material changes which the Committee may determine are of importance to the
decision to retain an investment fund, such as personnel departures; organizational
changes; or alterations in investment style, philosophy, or strategy; and adherence to
stated guidelines.
3) Time Periods. The Committee acknowledges that fluctuating rates of return
characterize the securities markets, particularly during short-term time -periods.
Recognizing that short-term fluctuations may cause variations in a fund's
performance, the Committee intends to employ investment funds with long-term
investment strategies and will evaluate fund performance from a long-term
perspective. Performance over market cycles of three to five years will be weighted
more heavily than performance over shorter time periods, such as one year or less.
D) Investment Fund Termination and Watch Status. All investment funds are expected
to perform according to their prescribed objectives under this Investment Policy
Statement. The Committee recognizes the long-term nature of retirement plan investing
and the variability of market returns. Periodic underperformance in any of the criteria
outlined in this Investment Policy Statement will not necessitate the termination of a
fund. Underperformance will provoke thoughtful consideration by the Committee of the
factors causing underperformance and possible courses of action that the Committee may
take.
The Committee will place a fund on watch if, for two consecutive quarters, the fund's
performance is below the 75th percentile of its peer group over both the three- and five-
year rolling periods. A fund that is on watch will undergo a greater level of review and
7
analysis. A fund may remain on watch status until the Committee decides to take further
action. Committee actions include, but are not limited to, the following:
• Remove the fund from watch status,
• Continue the fund watch status,
• Terminate the fund and reallocate fund assets to an alternate fund or replacement fund
by Committee direction.
A fund may be removed from watch status if performance exceeds median for both
conditions noted above for two consecutive quarters.
Other factors contributing to placing a fund on watch are:
• Material change in the risk profile of the portfolio as measured by the standard
deviation of returns,
• Material increase in management fees or expense ratios,
• Turnover in the management team of the portfolio,
• Material increase or decrease of assets under management,
• Deviation from style for which the fund was selected,
• Material organizational change, changes in ownership, mergers, etc,
• Other factors, which the Committee may determine, are important for consideration.
The Committee will endeavor to use its best judgment and information available to act in
a prudent manner on behalf of the Plan and its participants. The Committee reserves
the right to terminate any investment fund at any time for any reason when it
determines such termination is in the best interests of the Plan and its participants
and beneficiaries.
IV)ASSET CLASSES
The Committee may consider the following asset classes for possible inclusion in the Plan as
investment choices to be made available to participants:
• Domestic Equity
• International Equity
• Fixed Income
• Cash and Capital Preservation
• Pre -Set Asset Allocation Funds
The Committee may decide to offer Pre -Set Asset Allocation Funds and/or balanced
funds which are intended to provide an investor with an asset allocation option that they
may determine is aligned with their own risk and return preferences. These asset
allocation type funds are broadly diversified by asset class, issuer, issue type, and
economic sector. These Pre -Set Asset Allocation Funds may be made up of funds
currently offered individually as fund choices (see Appendix A). The Committee may
utilize outside research in making determination of the asset allocations of the Pre -Set
Asset Allocation Funds.
Other Asset Classes. The Committee may also consider other asset classes or strategies.
Self -Directed Brokerage Accounts. Assets under this class are not monitored nor
evaluated by the investment committee due to the nature of participant directed with
access to funds and classes outside of what is offered within the 457 Deferred
Compensation Plan and its fund line up.
V) ERISA 404(c) STATEMENT
A) ERISA 404(c) Safe Harbor Compliance. It is the Committee's intent that the Plan
generally comply with ERISA 404(c). However, the Plan participants will be solely
responsible for the investment decisions and investment transactions that they make
under the Plan.
VI)ADOPTION & SIGNATURE:
This Investment Policy Statement is adopted by the Committee and effective on this
day of 2013.
On Behalf of the Committee by:
Name, Title
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Attachment 2
RESOLUTION NO, 2013 -XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DIAMOND BAR ADOPTING THE EMPLOYEE
DEFERRED COMPENSATION PLAN INVESTMENT
POLICY AND APPOINTING ITS COMMITTEE MEMBERS
WHEREAS, City Resolution 89-107 established a Section 457 Deferred
Compensation Plan for the employees of the City in November 1989; and
WHEREAS, the Plan Sponsor of the Section 457 Deferred Compensation Plan
has certain fiduciary responsibilities as set forth by the California Constitution; and
WHEREAS, the Plan Sponsor can fulfill its fiduciary responsibilities with the
adoption of an Investment Policy and the appointment of its Investment Committee
members; and
WHEREAS, staff prepared and attached Exhibit A — Section 457 Deferred
Compensation Retirement Plan Investment Policy Statement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Diamond Bar that it adopts the Investment Policy for the Section 457 Deferred
Compensation Retirement Plan and appoints its Committee members.
PASSED, ADOPTED, AND APPROVED this 1st day of October, 2013.
Jack Tanaka, Mayor
I, Tommye A. Cribbins, City Clerk of the City of Diamond Bar, California, do hereby
certify that the foregoing Resolution No. 2013 -XX was duly and regularly passed and
adopted by the City Council of the City of Diamond Bar, California, at its adjourned
regular meeting held on the 1st day of October, 2013, by the following vote, to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
2
Tommye A. Cribbins, City Clerk
RESOLUTION NO. 2013-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DIAMOND BAR ADOPTING THE EMPLOYEE
DEFERRED COMPENSATION PLAN INVESTMENT
POLICY AND APPOINTING ITS COMMITTEE MEMBERS
WHEREAS, City Resolution 89-107 established a Section 457 Deferred
Compensation Plan for the employees of the City in November 1989; and
WHEREAS, the Plan Sponsor of the Section 457 Deferred Compensation Plan
has certain fiduciary responsibilities as set forth by the California Constitution; and
WHEREAS, the Plan Sponsor can fulfill its fiduciary responsibilities with the
adoption of an Investment Policy and the appointment of its Investment Committee
members; and
WHEREAS, staff prepared and attached Exhibit A — Section 457 Deferred
Compensation Retirement Plan Investment Policy Statement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Diamond Bar that it adopts the Investment Policy for the Section 457 Deferred
Compensation Retirement Plan and appoints its Committee members as fo€lows:
Cit _L/iap er
Finance Director
I_lUman Resources Maria ej
Two _L2j_QtiL Steffi Members who are _participants in the Plan_ who wifl be
appointed armaily_� the at ic'in vestment Committee members
PASSED, ADOPTED, AND APPROVED this 1st day of October, 2013.
Jack Tanaka, Mayor
I, Tommye A. Cribbins, City Clerk of the City of Diamond Bar, California, do hereby
certify that the foregoing Resolution No. 2013- was duly and regularly passed and
adopted by the City Council of the City of Diamond Bar, California, at its adjourned
regular meeting held on the 1 st day of October, 2013, by the following vote, to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
Tommye A. Cribbins, City Clerk
2
Agenda # 8.2
MeetingDate: October 1, 2013
CITY COUNCIL -AGENDA REPORT
��tiRPDRA'�
j98g
TO: Honorable Mayor and Members of the City Council
VIA: James DeStefano, City Man�4,
TITLE: ADOPTION OF AN ORD AN ,E OF THE CITY COUNCIL OF THE CITY OF
DIAMOND BAR ADDING CHAPTER 9.02 TO TITLE 9 OF THE DIAMOND BAR
MUNICIPAL CODE ESTABLISHING A REWARD FOR INFORMATION LEADING TO
THE ARREST OR CONVICTION OF A PERSON DAMAGING PROPERTY AS A
RESULT OF A RESIDENTIAL BURGLARY
RECOMMENDATION:
Approve for First Reading by Title Only, Waive Full Reading.
FISCAL IMPACT:
If approved, salary savings from the public safety budget will be utilized to fund the program during
Fiscal Year 2013-14. In subsequent years, a dedicated budget line item will be proposed.
Approximate annual program costs of $2,000 are expected.
BACKGROUND:
Diamond Bar is home to an engaged citizenry whose cooperation with the Sheriff's Department has
resulted in a number of important recent arrests. To further encourage residents, business owners,
and other members of the public to immediately report suspicious activity to the Sheriff's Department,
a reward program is proposed. Specifically designed to fight local property crimes, the program
would offer a modest reward of $100 to individuals that provide information leading to the arrest of
residential or vehicle burglary suspects in Diamond Bar.
Upon receipt of a tip from a witness that results in the arrest of a burglary suspect, the Sheriff's
Department shall forward a Reward Recommendation Form to the Reward Committee for
consideration. The Reward Committee, made up of the City Manager (or designee) and a sworn
member of the City's public safety leadership team (Captain or Lieutenant), shall review the
recommendation, validate that the information provided was responsible for the arrest of the suspect,
and upon confirmation, disburse the reward. Reward recipients will remain anonymous to the
greatest extent of the law to avoid discouraging future witnesses from providing tips.
Staff recommends the Council establish the program by adopting the attached ordinance, which has
been reviewed and approved by the City Attorney.
PkPAcRED Y• {�
Rean, Assistant to th di
ager
Attachment: Ordinance XX -2013
ORDINANCE NO. 0X(2013)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR ADDING CHAPTER 9.02 TO TITLE 9 OF THE DIAMOND BAR
MUNCIPAL CODE ESTABLISHING A REWARD FOR INFORMATION
LEADING TO THE ARREST OR CONVICTION OF A PERSON
DAMAGING PROPERTY AS A RESULT OF A RESIDENTIAL
BURGLARY
WHEREAS, Pursuant to section 53069.5 of the Government Code, the City of
Diamond Bar is authorized to offer and pay a reward for information leading to the
identification and apprehension of any person who willfully damages or destroys any
property; and
WHEREAS, residential and vehicular burglaries are of significant concern and, in
nearly all cases, such burglaries result in damage to real and personal property during
the course of the burglary and damage, destruction and loss of personal property as a
result of the burglary; and
WHEREAS, the City Council and the Los Angeles County Sheriff's Department
have determined that a rewards program is a valuable addition to local policing efforts
and an effective method of engaging the public to assist in solving these crimes.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR
DOES ORDAIN AS FOLLOWS:
SECTION 1: A new Chapter 9.02 entitled "Reward For Crime Information" commencing
with section 9.02.010 is hereby added to Title 9 of the Diamond Bar City Code to read
as follows:
"CHAPTER 9.02 REWARD FOR CRIME INFORMATION"
Sec. 9.02.010. - Reward for information.
The City Council is authorized to offer and pay a reward for information leading to
the identification and apprehension of any person or persons who willfully
damages or destroys any real or personal property. No City employee or
employee of the Los Angeles County Sheriff's Department ("Sheriffs
Department") shall be eligible for a monetary reward under this Chapter.
Sec. 9.02.020. - Reward amount.
A reward of up to $100 may be paid by the City, at its sole and complete
discretion, to any person who provides information which leads to the
determination of the identity and arrest of any persons who damages or destroys
any real or personal property as a result of a residential or vehicular burglary or
attempted residential or vehicular burglary. The City Council may, by resolution,
adjust the amount of the monetary reward.
Sec. 9.02.030. - Procedure.
Upon finding that the receipt of information from an individual or individuals has
led to the identification and arrest of a person or persons suspected of damaging
or destroying real or personal property as a result of a residential or vehicular
burglary or attempted residential or vehicular burglary committed within the City,
the Sheriffs Department may recommend that a reward be disbursed. The
recommendation shall be forwarded to the reward committee in writing and must
include all pertinent information, including the specific date and location of the
incident, description of damaged or destroyed property, case number, name of
the person or persons suspected of the damaged or destroyed property, and the
name, address, and telephone number of the witness or informant providing the
relevant information.
Sec. 9.02.040. - Reward Committee.
The reward committee shall consist of the City Manager or designee and a sworn
member of the Sheriffs Department. The reward committee shall consider and
verify the Sheriffs Department's recommendation and ensure that the information
provided was directly relevant to the identification and arrest of the suspects and
that there was damage to real or personal property as a result of the residential
or vehicular burglary or attempted residential or vehicular burglary. For purposes
of determining damage to real or personal property, the loss of temporary or
permanent use of real or personal property shall satisfy this requirement. Upon
unanimous confirmation of the recommendation's validity, the reward committee
may disburse the reward upon. The decision of the reward committee is final.
9.02.050. - Confidentiality.
The City Council finds that releasing the name, address, telephone number, and
any other pertinent information of which would lead to identifying a person
receiving a reward would discourage persons from providing such information
and would undermine the purpose of providing the reward and this Chapter. The
City will endeavor to treat all such information as not being a public record with
the recognition that public records are governed by State law, which the City is
required to follow.
SECTION 2: If any part of this Ordinance or its application is deemed invalid by a court
of competent jurisdiction, the City Council intends that such invalidity will not affect the
effectiveness of the remaining provisions or applications and, to this end, the provisions
of this Ordinance are severable.
SECTION 3: The City Clerk is directed to certify the passage and adoption of this
Ordinance; cause it to be entered into the City of Diamond Bar's book of original
ordinances; make a note of the passage and adoption in the records of this meeting;
and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it
to be published or posted in accordance with California law.
SECTION 4: This Ordinance will become effective 30 days after its final passage.
Passed, Approved and Adopted this day of 2013.
Jack Tanaka, Mayor
I, Tommye Cribbins, City Clerk of the City of Diamond Bar, do hereby certify that the
foregoing Ordinance was introduced at a regular meeting of the City Council of the City
of Diamond Bar held on the day of 2013 and was finally
passed at a regular meeting of the City Council of the City of Diamond Bar held on the
day of 2013, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS
Tommye Cribbins, City Clerk
VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL
TO:
FROM:
ADDRESS:
ORGANIZATION:
AGENDA#/SUBJECT:
CITY CLERK
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I expect to address the Council on the subject agenda/subject item. Please have the Council Minutes
reflect my name and address as written above.
Signature
This document is a public record subject to disclosure under the Public Records Act.
TO:
FROM:
ADDRESS:
VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL
CITY CLERK
ORGANIZATION:
AGENDA#/SUBJECT:
DATE:
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This document is a public record subject to disclosure under the PLWlic Records Act.
D IOND DAId
VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL
TO: CITY
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FROM: N Cti DATE:
ADDRESS: `aD, 36 IM PHONE: 60
ORGANIZATION:
AGENDA#/SUBJECT:
I expect to address the Council on the subject agenda/subject item. Please have the Council Minutes
reflect my name and address as written above.
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This document is a public record subject to disclosure under the Public Records Act.