HomeMy WebLinkAbout06/03/2014 Agenda - Regular MeetingTuesday, June 3, 2014 6:15 p.m. — Closed Session — Room CC -8 6:30 p.m. --- Regular Meeting The Government Center South Coast Air Quality Management District/ Main Auditorium 21865 Copley Drive, Diamond Bar, CA 91765 Carol Herrera Steve Tye Mayor Mayor Pro Tem Ling -Ling Chang Nancy A. Lyons Jack Tanaka Council Member Council Member Council Member City Manager James DeStefano 9 City Attorney David DeBerry a City Clerk Tommye Cribbins Copies of staff reports or other written documentation relating to agenda items are on file in the Office of the City Clerk, and are available for public inspection. If you have questions regarding an agenda item, please contact the City Clerk at (909) 839-7010 during regular business hours. In an effort to comply with the requirements of Title Il of the Americans with Disabilities Act of 1990, the City of Diamond Bar requires that any person in need of any type of special equipment, assistance or accommodation,$) in order to communicate at a City public meeting, must inform the City Clerk a minimum of 72 hours prior to the scheduled meeting, Have online access? City Council Agendas are now available on the City of Diamond Bar's web site at www.CityofDiamondBar.com Please refrain From smoking, eating or drinking in the Council Chamhers. The City of Diamond Sar uses recycled paper and encourages you to do the same, `, ;; CITY OF DIAMOND BAR CITY COUNCIL AGENDA June 3, 2014 Next Resolution No. 2014-21 Next Ordinance No. 06 (2014) CLOSED SESSION: 6:15 p.m., Room CC -8 Public Comments on Closed Session Agenda ► Conference with Real Property Negotiator Pursuant to Government Code Section 54956.8 Property: 1100-1188 Diamond Bar Boulevard, D.B., CA Agency Negotiator: James DeStefano, City Manager, David DeBerry, City Attorney Negotiating Parties: City of Diamond Bar and Retail Opportunity Investments Corp. CALL TO ORDER: PLEDGE OF ALLEGIANCE: INVOCATION: 6:30 p.m. Mayor Pastor Jim Price, Diamond Canyon Church ROLL CALL: Council Members Chang, Lyons, Tanaka, Mayor Pro Tem Tye, Mayor Herrera APPROVAL OF AGENDA: Mayor Written materials distributed to the City Council within 72 hours of the City Council meeting are available for public inspection immediately upon distribution in the City Clerk's Office at 21810 Copley Dr., Diamond Bar, California, during normal business hours. June 3, 2014 PAGE 2 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: None. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: 2.1 Presentation by Sgt. Saldecke Regarding the Volunteer Program. 3. PUBLIC COMMENTS: "Public Comments" is the time reserved on each regular meeting agenda to provide an opportunity for members of the public to directly address the Council on Consent Calendar items or matters of interest to the public that are not already scheduled for consideration on this agenda. Although the City Council values your comments, pursuant to the Brown Act, the Council generally cannot take any action on items not listed on the posted agenda. Please complete a Speaker's Card and give it to the City Clerk (completion of this form is voluntary). There is a five-minute maximum time limit when addressing the City Council. 4. RESPONSE TO PUBLIC COMMENT: Under the Brown Act, members of the City Council may briefly respond to public comments but no extended discussion and no action on such matters may take place. 5. SCHEDULE OF FUTURE EVENTS: 5.1 Planning Commission Meeting — June 10, 2014 — 7:00 p.m., Windmill Community Room, 21810 Copley Drive. 5.2 Traffic and Transportation Commission Meeting — June 12, 2014 — 7:00 p.m., Windmill Community Room, 21810 Copley Drive. 5.3 City Council Meeting — June 17, 2014 — 6:30 p.m., AQMDIGovernment Center Auditorium, 21865 Copley Drive. 5.4 Concerts in the Park - (25th Anniversary Concert) — June 18, 2014 - 6:30 p.m. — 8:30 p.m. - Neon Nation (80's Tribute) — Sycamore Canyon Park, 22930 Golden Springs Drive. 5.5 Movies Under the Stars — June 18, 2014 — Immediately following Concerts in the Park - The Little Mermaid - Sycamore Canyon Park, 22930 Golden Springs Drive. 6. CONSENT CALENDAR: 6.1 City Council Minutes - Regular Meeting of May 20, 2014. Recommended Action: Approve. Requested by: City Clerk June 3, 2014 PAGE 3 6.2 Planning Commission Minutes — Regular Meeting of April 8, 2014. Recommended Action: Receive and File. Requested by: Community Development Department 6.3 Parks and Recreation Commission Minutes — Regular Meeting of April 24, 2014. Recommended Action: Receive and File. Requested by: Community Services Department 6.4 Ratification of Check Register - Dated May 15, 2014 through May 22, 2014 totaling $444,179.56. Recommended Action: Ratify. Requested by: Finance Department 6.5 Treasurer's Statement -- April, 2014. Recommended Action: Approve. Requested by: Finance Department 6.6 Approve Extension of City -Wide Graffiti Removal Contract with Graffiti Control Systems for (FY14-15) in an Amount Not to Exceed $44,528. Recommended Action: Approve. Requested by: Community Development Department 6.7 Approve Amendment No. 4 with MCE Corporation Extending the Contract Agreement for Three Years (FY14-17) for Street Maintenance Services. Recommended Action: Approve. Requested by: Public Works Department June 3, 2014 PAGE 4 6.8 Approve Amendment No. 2 with All City Management Services, Inc. to Extend the Current Contract for Crossing Guard Services for a Period of Three Years (FY14-17). Recommended Action: Approve. Requested by: Public Works Department 6.9 (a) Adopt Resolution No. 2014 -XX: Declaring the City's Intention to Levy and Collect Assessments for Landscape District No. 38 and Direct the City Clerk to Advertise the Public Hearing Before the Council at the June 17, 2014 Regular Meeting. Recommended Action: Adopt. (b) Adopt Resolution No. 2014 -XX: Declaring the City's Intention to Levy and Collect Assessments for Landscape District No. 39 and Direct the City Clerk to Advertise the Public Hearing Before the Council at the June 17, 2014 Regular Meeting. Recommended Action: Adopt. (c) Adopt Resolution No. 2014 -XX: Declaring the City's Intention to Levy and Collect Assessments for Landscape District No. 41 and Direct the City Clerk to Advertise the Public Hearing Before the Council at the June 17, 2014 Regular Meeting. Recommended Action: Adopt. Requested by: Public Works Department 6.10 Authorize the City Manager to Execute a Professional Services Cmntract with Go -Live Technology, Inc. for "As Needed" Support for CityView and Other Related SQL Databases in an Amount Not -to - Exceed $75,000 for FY14-15. Recommended Action: Authorize. Requested by: IS Department June 3, 2014 PAGE 5 6.11 Authorize City Manager to Purchase Hewlett Packard Servers, and Additional Hardware Replacements from Hewlett Packard, Cisco and Vendors on the Currently Approved Vendors List, Throughout FY14- 15 in an Amount Not -to -Exceed $251,250. Recommended Action: Authorize. Requested by: IS Department 6.12 Adopt Resolution No. 2014 -XX: Approving Final Tract Map 72067, for the Subdivision of Air Space to an 11 -Unit Office Condominium, Located in the City. Recommended Action: Adopt. Requested by: Public Works Department 7. PUBLIC HEARINGS: None. 8. COUNCIL CONSIDERATION: None. 9. COUNCIL SUB -COMMITTEE REPORTS AND MEETING ATTENDANCE REPORTS/COUNCIL MEMBER COMMENTS: 10. ADJOURNMENT: MINUTES OF THE CITY OF DIAMOND BAR MEETING OF THE PLANNING COMMISSION APRIL 8, 2014 CALL TO ORDER: Agenda No. 6.2 Chairman Frank Farago called the 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 Low led the Pledge of Allegiance. 1. ROLL CALL: Present: Commissioners Jimmy Lin, Ruth Low, Peter Pirritano, Vice Chairman Jack Shah and Chairman Frank Farago Also present Greg Gubman, Community Development Director; James Eggart, Assistant City Attorney; Grace Lee, Senior Planner; Josue Espino, Assistant Planner; and Stella Marquez, Administrative Coordinator. 2. MATTERS FROM THE AUDIENCEIPUBLIC COMMENTS: 3. APPROVAL OF AGENDA: As presented. 4. CONSENT CALENDAR: 4.1 Minutes of the March 25, 2014, Regular Meeting. C[Pirritano moved, VC/Shah seconded, to approve the March 25, 2014, regular meeting minutes as presented_ Motion carried by the following Roll Call vote: AYES: NOES: ABSENT: 5. OLD BUSINESS: 5. NEW BUSINESS COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: None None Lin, Low, Pirritano, VC/Shah, Chair/Farago None None APRIL 8, 2014 PAGE 2 PLANNING COMMISSION 7. PUBLIC HEARINGS): 7.1 Conditional Use Permit. No. PL2014-14 — Under the authority of Diamond Bar Municipal Section 22.58, the applicant requested a Conditional Use Permit to operate an art school in a 1,175 square foot space located within The Diamond Bar Town Center. The subject property is zoned Regional Commercial (C-3) with an underlying General Plan land use designation of General Commercial. PROJECT ADDRESS: 1155 S. Diamond Bar Boulevard, Unit G Diamond Bar, CA 91765 PROPERTY OWNER: Diamond Bar Town Center, LLC 1155 Diamond Bar Boulevard, Unit G Diamond Bar, CA 91765 APPLICANT: Geoff Soumakian Fibo Kids Art Academy 2825 Tarragon Court Fullerton, CA 92835 AP/Espino presented staffs report and recommended Planning Commission approval of Conditional Use Permit No. PL2014-14, based on the Findings of Fact, and subject to the conditions of approval as listed within the resolution. C/Low asked if with respect to the reciprocal access any accommodations were made with the center in which the guests of the center will park. AP/Espino responded that the center has reciprocal access, however, there is no reciprocal parking. C/Low asked for confirmation that no spaces in this lot were set aside for tenants of other businesses and AP/Espino responded that C/Low was correct. C/Low said that in his presentation AP/Espino noted the other tutoring center that is apparently upstairs and asked if the subject use and the other tutoring center have the same ownership and APIEspino responded that the proposed use has a different operator than the tutoring center upstairs. Staff analyzed the parking requirements of the other tutoring center use in conjunction with this project separately of the parking requirement for other tenants in the shopping center, such as the retail and services uses. C/Low asked for confirmation that the requirement is not based on what is in effect but the APRIL 8, 2014 PAGE 3 PLANNING COMMISSION guidelines and APIEspino responded that staff looks at this project from both the minimum parking requirement standard and from the demand side. Based on the parking requirements, it was determined .that there were 11 spaces needed to accommodate the tutoring center and 10 spaces for the proposed art school. In total, 172 parking spaces were required for the center when coupled with other uses such as retail and service oriented uses. CILow asked if numbers of 10 and 11 are based on experience factor of the other business that is similar in scope and trade and APIEspino responded that in this particular scenario, the parking is in relation to the code requirement and staff also considers the parking demand to determine a total of 162 spaces in the shopping center and existing -tutoring center, CILow asked if staff takes into account the requirement that the guests of this particular location would be children as opposed to adults and consider the safety issues involved and APIEspino responded that from a safety standpoint, staff looks at the proper ADA requirements to make sure that there is an adequate path of travel for children as well as, for disabled persons that may traverse the driveways. CILin asked why the applicant needed a special use permit in a C-3 zone and APIEspino responded that code requires that an 'part studio which encompasses an art school to obtain a Conditional Use Permit in the C-3 zone. G1Lin asked what type of zoning is required for tutoring facilities and APIEspino responded that tutoring facilities are looked at differently. They are considered specialized educational schools and can only be located on the second floor of commercially zoned properties. In this case, an art studio or an art school is a separate classified use from specialized education. CILow asked why the different classification and CDDIGubman responded that the reason educational uses such. as tutoring centers and karate studios, art studios, etc. require a Conditional Use Permit is because they do not have a generic profile like a retail use such as a Subway or fast food use would generally determine the parking requirements and other land use impacts associated with those uses and can be built into the development standards. With uses that require a CUP, the amount of staff, the programming of classes, the scheduling, etc. does not offer a generic profile that staff can use to create standardized requirements that would not necessitate discretionary approval. This particular use has some special characteristics such as their hours of operation which are unlike any other tutoring or studio type use. Some have classes of 10 APRIL 8, 2014 PAGE 4 PLANNING COMMISSION students or more, there could be overlapping classrooms and some are scheduled so there is more of a gap. These characteristics must be taken into consideration through the tool of the Conditional Use Permit to evaluate the appropriateness of the =uses and impose conditions accordingly (hours of operation, class sizes, intervals between classes or amount of overlap). C/Lin asked if the consideration of sale of alcohol within a certain radius of schools applied in this instance and CDD/Gubman responded that the alcohol distance requirement had to do only with gas stations that have mini -markets that sell alcohol. The Chevron Station near Diamond Bar High School is within 100 feet of the facility and the gas station is prohibited from selling alcohol. That ordinance was amended to clarify the language in the ordinance to say that the distance requirement applies to educational institutions and it was defin6d to address public or private grade schools to distinguish them from co pmercial tutoring facilities where the students are characteristically accompanied by an adult escort as they come and go to and from those facilities. r C/Low asked :f staff could distinguish this -,particular use from the tutoring center and CDD/Gubman said that it is really not distinguishable. There is a technicality in the definitions contained in the City's Development Code which is something that needs to be, r=esolved during the next code cleanup. There is some inconsistency that establishes what a tutoring center or a school is versus what a studio: is and this basically falls in the definition that allows it to be located on the ground floor at this location. C/Low said that since this facility is located on the ground floor it contradicts the code. CDD/Gubman responded that this came up when this use was initially proposed. Staff believed that it was not a permitted use; however, another astute member of staff looked at the code and it was clear that there are some internal inconsistencies in the code definitions and staff therefore had to allow for this use to be considered under the Conditional Use Permit process. When the City goes through its next omnibus code cleanup and truing -up process, this use would not be allowed on the ground floor in this zoning district in the future. C/Low said that the Conditional Use Permit,;- if issued, is binding on all subsequent successors so that any cleanup Would not affect this particular project and CDD/Gubman acknowledged ,the C/Low was correct and that this use would be grandfathered in upon approval. APRIL 8, 2014 PAGE 5 PLANNING COMMISSION Chair/Farago opened the public hearing. Geoff Soumakian, applicant, thanked the Planning Commission for considering his facility as a use in Diamond Bar. Fibo has been in business for nine years and this will be the fourth studio that teaches kids from ages four to 18. The company's mission is to bring as many kids to art as possible. Mr. Soumakian said he is very excited to be in this area because his firm partners with three elementary schools in the district including Quail Summit Elementary, Evergreen and Westhoff by providing art assemblies and in -school art classes as well as, an after-school four- week program for additional art instruction. The reason the studio is not open in the mornings is that the instructors go onsite to the schools to teach the students and then the kids who want more art come to the studio after school. Fibo hopes to franchise its model going forward. VC/Shah said it appears to be a promising business. He asked the core age -range and Mr. Soumakian responded that 99 percent of the students are K. through 6th grade and although classes are offered up to age 18, engagement is highest at the youngest levels and diminishes as children age. The core classroom ages range from 2-4. VC/Shah asked how students will access classroom 2 without disturbing students in r:lassroom 1 since classroom 2 is behind classroom 1. Mr. Soumakian said that it depends on how staff tells the school to access the classrooms and in that particular area the condition was that the studio needed to allow for a 44 inch ingresslegress from the front door to the back classroom. CDDIGubman stated that the question was if there is a class being conducted in classroom 1 how will students access classroom 2 without disrupting the students in classroom 1. Mr. Soumakian responded that the students pass through the classroom very quietly. VC/Shah said he was also concerned about students in wheelchairs who would be going through the middle of the classroom and again asked if Mr. Soumakian intended that the students would enter or exit through the back door. Mr. Soumakian said it could be a possibility but was not an expert on ADA requirements. In other facilities, there has been no back door access.- In the facilities where there is no back door, wheelchair access is around the perimeter of the classroom. The City has required the studio to allow a 44 inch access around the perimeter of the room and not through the middle of the classroom. The contractor for the project makes certain that the studio is ADA compliant and since he is not familiar with the requirements he did not want to incorrectly respond to VC/Shah's question. VC/Shah APRIL S, 2014 PAGE 6 PLANNING COMMISSION asked if Mr. Soumakian had seen the back alley because he has visited the site and if the children are to be let out the back door there is not enough room for three cars and not enough room for a child in a wheelchair to enter or exit the vehicle. As a result, he believes there is a serious problem if the applicant intends to use the backdoor for ingress and egress. Mr. Soumakian said that as a parent he would not want to use the back door for a regular ingress/egress point but felt it was valuable in case of emergency. Rear doors are not used at any of the other Fibo facilities as a standard operating procedure and would only be used by staff members. VC/Shah said that even in an emergency he does not believe the back door would provide proper exit. Mr. Soumakian said that in case of an emergency he would prefer to have an alternate access closer to the rear for the safety of the children. If necessary, he would approve of a condition that would not allow the children to use the rear exit because it is not currently allowed. CDD/Gubman explained that in the case of the Americans with Disabilities Act (ADA) it is to be considered as part of the civil rights of all citizens and a disabled person needs to be able to enter and exit this building at the same location as an able-bodied person. The Building and Safety staff will be reviewing the dimensions of the ingress and egress points to ensure that disabled persons in whatever mobile devices they require would be able to circulate through the building on an equal basis which goes to the exterior of the building as well and if any upgrades to ADA accessible parking spaces or passive travel ramps, etc_ are required, they would need to be upgraded to accommodate equal access for all. It would not be acceptable for a disabled person to go through the rear exit and that will not happen. The emergency ingress and egress and number of exits are part of the building code and the appropriate hardware and signage, lighting, etc., would be placed at the emergency paths of travel. CDD/Gubman said he was fairly,certain the rear exit would need to be retained as an emergency access only. As far as a place of assembly and whether it is to be used for emergency purposes, it falls under the purview of the Building and Safety plan check review process. In addition, the City contracts with the LA County Fire Department and there are different disciplines that view this from various perspectives. VC/Shah asked staff to take note of his concern that the furniture should be arranged to allow easy wheelchair access from the front to the rear of the building. CDD/Gubman explained that there are templates for furniture and fixtures that have to be shown on the construction documents and verified upon inspection that there are no obstructions to the minimum accessibility path of travel which falls within the Building and Safety plan check process. APRIL 8, 2014 PAGE 7 PLANNING COMMISSION CILow said she shares VC/Shah's concerns about the back door accessibility for ingress and egress. She asked if a condition of approval could state that the back door was for emergency exit only or should that matter be referred to the fire department and Building and Safety. CDDIGubman said the Planning Commission could impose that condition. CILin said he felt the Planning Commission was encroaching on the jurisdiction of others and should not be designing the location. Knowing that the parking spaces are in front, he does not believe parents would shepherd their kids out the back door to get to their vehicles. He does share a concern about the flow and felt the entry door should be located closer to the west end and proceed to classroom 2 around the perimeter of classroom 1. Mr. Soumakian thanked CILin for his suggestion. Chair/Farago closed the public hearing. CILin moved, C/Pirritano seconded, to approve Conditional Use Permit No. PL2014-14, based on the Findings of Fact, and subject to the conditions of approval as listed within the resolution. VC/Shah requested that CILin amend his motion to stipulate that the rear door be used for an emergency exit only. CILin stated that his motion is on the table and asked for a vote. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS NOES: COMMISSIONERS ABSENT: COMMISSIONERS Lin, Pirritano, Chair/Farago Low, VCIShah None 7.2 Conditional Use Permit No. PL2014-82 -- Under the authority of Diamond Bar Municipal Code Section 22.58, the applicant requested a Conditional Use Permit to operate a 16,800 square foot fitness center located within the Diamond Bar Towne Center. The subject property is zoned Regional Commercial (C3) with an underlying General Plan land use designation of General Commercial. PROJECT ADDRESS: 1142 S. Diamond Bar Boulevard Diamond Bar, CA 91765 PROPERTY OWNER: Courtney Pease, ROIC 8905 Towne Center Drive, Suite 108 San Diego, CA 92122 APRIL 8, 2014 PAGE 8 PLANNING COMMISSION APPLICANT: Bryan Montoya 2070 Business Center Drive, Suite 220 Irvine, CA 92612 AP/Espino presented staff's report and recommended Planning Commission approval of Conditional Use Permit No. PL2014-14, based on the Findings of Fact, and subject to the conditions of approval as listed' within the resolution. C/Low said she was concerned about the operating hours of the proposed business and whether it has been evaluated with respect to noise, traffic and possible undesirable activity at the late hour of closing as it relates to neighboring residences. AP/Espino responded that the use is located adjacent to residentially zoned properties. There is a buffer between those residences by landscape planter areas as well as a minimum 24 foot wide driveway for emergency_ access. Doors will be closed at all times when the fitness center is operating. Any additional sound attenuation required can be imposed upon the applicant. However, the applicant is present to address any o —,er noise concerns in relation to their operations. A more likely occurrence of noise/music would be in the group activity room which is an enclosed area that has a door that leads into the cardio area. In addition, there are security personnel to monitor any noise issues and to ensure that the facility is in compliance with standards. CILow asked about lighting and whether it would be adequate for the operation. AP/Espino responded that no additional lighting was required or conditioned. The shopping center currently has lighting that is available throughout the area and there is a',light pole in a planter area immediately in front of the facility.. The shopping center appears to have sufficient lighting to accommodate the proposed use. CILin said he appreciated that there would be activity in the area_ Noise is certainly an issue. This is a small area and the City parking requirement code is more stringent than ITE manual which requires only about 88 spaces, far below the 120 spaces calculated and although he was initially concerned about parking he believes that even with the addition of a tenant in the Ralph's location, there will be sufficient parking. Chair/Farago asked APIEspino to repeat the hours of operation and AP/Espino responded Monday through Friday from 5:00 a.m. to APRIL. 8, 2014 PAGE 9 PLANNING COMMISSION 11:00 p.m. and Friday from 5:00 a.m. to 9:00 p.m. and Saturday and Sunday from 7:00 a.m. to 7:00 p.m. Chair/Farago asked how late other shops in the center remain open, remembering that Ralphs was open 24 hours and APIEspino responded that the majority of the existing tenants close at 9:00 p.m. Chair/Farago opened the public hearing. Claire Liang, 1173 Clear Creek Canyon Drive, said she was concerned about the noise. She fives east of the shopping center and can see the bank from her front door. There is a path that people have made going up the landscaped area to reach Clear Creek Canyon which is used to accommodate overflow parking for the. bank and restaurants. People frequently park in front of her and her neighbor's mailboxes and she was concerned that the fitness center and new grocery store would create more overflow parking. There is presently a noise issue when cleaning people come to the center with blowers and vacuum machines in the early morning hours. Curtis Harmon, 18566 Clydesdale Road, Granada Hills, said he has been in the industry about 25 years. This is a franchise and the club consists of about 16-22,000 square feet offering everything an LA Fitness :offers except for swimming, basketball courts and kids club spinning which represents about half the cost of the insurance. Membership is $10 to $20 per month. Parking is essential to his business and as a result, he has visited the site many times during different hours of the day to make sure there would be adequate parking. The parking lot is very full from 10:00 a.m. to 1:00 p.m. which is when the fitness club is slow and gets busy from 6:00 p.m. to 9:00 p.m. as the other businesses are closing. He also made it part of the lease with the landlord that he enforce employee parking behind the center. He said he would not be in front of the Planning Commission today if he thought people would not be able to park at the center because that would be a business -killer" With respect to noise, his only concern was with co -tenants and the noise does not permeate outside of the facility. There is no way anyone in the adjacent neighborhood would hear anything going on in his facility. The doors are shut and the noise remains inside. C/Low asked if the business or the landlord is paying for security and Mr. Harmon responded that he believed the landlord provided security but that his club did not. CILow said she thought security was a condition of APRIL 8, 2014 PAGE 10 PLANNING COMMISSION approval. AP/Espino stated that during the application process it was indicated to staff that the shopping center has its own security. CDD/Gubman said that currently, there are no conditions requiring security in association with this use. There is a description of the security measures that are in place or will be implemented. The Commission may add security measures to the conditions of approval so that they do become binding and integral to this Conditional Use Permit approval if so desired. Mr. Harmon said the types of clubs that carry security concerns are not the clubs in the strip malls but rather locations in which the club is a single tenant. In a large center, the health club does not provide more of a threat than any other business in the center. C/Low stated that recently there was a burglary at that location which was a security issue. APIEspino explained that the project plans were routed to the LA County Sheriff's Department and the conditions that came back do not include additional security personnel. The conditions were for cameras and 30 -day monitoring surveillance camera in-place which was implemented into the ,floor plan application. C/Lin said his only concern about security is that the lighting in the area is somewhat dim and if the exterior lighting can be approved, it would. provide better safety and access. CILin reiterated that he has been frequenting a club for 25 years and rarely is there any noise detected from the exterior if the area is properly insulated. Mr. Harmon said that his facility uses twice the insulation of other businesses. VC/Shah asked how a condition for security camera surveillance would be monitored. AP/Espino stated that as proposed, the resolution does not have a condition to require the cameras, it is part of the application as shown on the plans, and it is the anticipation when the inspectors complete their final inspection and when staff completes its final inspection that the cameras are in place and that the system is operating. Mr_ Harmon said the surveillance: cameras are required by his insurance carrier. Chair/Farago asked if there was a posting that recorded surveillance cameras were in operation_ Mr. Harmon said he had not planned to post that information at this location but would do so if the Commission required it. APRIL 8, 2014 PAGE 11 PLANNING COMMISSION Mike and Rita Patel, owners of the UPS Store next to the dry cleaners. said his store's address is 1142 S. Diamond Bar Boulevard which is the address shown on the application and should be corrected. AP/Espino said this matter is being addressed in coordination with the Public Works Department that handles address assignments to assign 1140 S. Diamond Bar Boulevard for Crunch and the UPS Store will retain the 1142 address. Chair/Farago closed the public hearing. C/Lin said he felt the concern about overflow parking on Clear Creek Canyon could easily be solved with "no parking" signs which would not be a stipulation for this approval but for the entire center. CDD/Gubman said he intended to bring this matter to- the attention of the Public Works Director to look into the situation. It may be a matter for the Traffic and Transportation Commission but if there is an existing nuisance of patrons using residential streets and makeshift pathway into the center, staff would look into mitigating the situation. Chair/Farago asked if the issue of noise from cleaning equipment hours could be addressed and CDD/Gubman said staff would look into that issue as well. VC/Shah moved, C/Pirritano seconded, to approve Conditional Use Permit No. PL2014-82, based on the Findings of Fact, and subject to the conditions of approval as listed within the resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: Lin, Low, Pirritano, VC/Shah, Chair/Farago None None 8. PLAITING COMMISSIONER COMMENTSIIN FORMATIONAL ITEMS. C/Low invited everyone to the Friends of the Library Wine Soiree, a fundraiser for the Diamond Bar Library at 21800 Copley Drive. This year the Friends of the Library will celebrate its 21s' Anniversary and is partnering with the City of Diamond Bar which is celebrating its 25th Anniversary. The unofficial motto is "drink wine, eat food, and be happy; and, buy books for kids." The celebration takes place on April 27. APRIL 8, 2014 PAGE 12 PLANNING COMMISSION C/Lin commended staff on working very hard to bring quality development to Diamond Bar. The two shopping centers separated by Diamond Bar Boulevard have been too quiet for too long and hopefully with new quality development, things will begin to pick up again. Chair/Farago said it was his pleasure to attend the Planning Commission Academy a couple of weeks ago and after some of the stories he heard from planning commissioners about the operations of their planning commission and staff preparation, he felt he and his colleagues may not appreciate how exceptional Diamond Bar staff is in its prep work. C/Low thanked staff for the excellent and very helpful reports and PowerPoint presentations. 9. . STAFF COMMENTSIINFORMATIONAL ITEMS_ 9.1 Public Hearing dates for future pro6eGtS. CDD/Gubman stated that the Planning Commissioners Institute recommended a couple of books and said he placed an order for each Commissioner to receive a copy of The Job of a Planning Commissioner The Citizens Planning Se dies, and The Planning Commissioners Guide. Based on the commentary during a session these books should be useful reference tools. CDDIGubman further stated that there are three items on the agenda for the next Planning Commission meeting scheduled for April 22_ One item was initial set to be heard on March 25th and the applicant requested that the matter be rescheduled for April 22 for an addition to an existing single family residence on Bryn Athyn Way. In addition, a Conditional Use Permit for a music school at the comer of Brea Canyon Road and Diamond Bar Boulevard will be considered. Third is an addition to an existing residence in The Country Estates. At this point, staff is looking to cancel the May 13 Planning Commission meeting but will need to be confirmed in the coming weeks. VC/Shah said he would not be present for the meetings on April 22 and May 13. APRIL 8, 2014 PAGE 13 PLANNING COMMISSION 10. SCHEDULE OF FUTURE EVENTS: As listed in tonight's agenda. ADJOURNMENT: With no further business before the Planning Commission, Chair/Farago adjourned the regular meeting at 8:12 p.m. The foregoing minutes are hereby approved this 22nd day of April, 2014. Attest: Respectfully Submitted, Greg Gubman Community Development Director CITY OF DIAMOND BAR Agenda No. 6.3 MINUTES OF THE PARKS & RECREATION COMMISSION DIAMOND BAR CITY HALL - THE WINDMILL ROOM 21-810 COPLEY DRIVE, DIAMOND -BAR, CA 31765 APRIL 24, 2014 CALL TO ORDER: Chairman 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 Herndon led the Pledge of Allegiance. ROLL CALL: Present: Commissioners Dave Grundy, Lew Herndon, and Chairman Ted Owens Commissioner Kim Hsieh arrived at 7:10 p.m. Absent: Vice Chairman Benny Liang was excused. Staff Present: Bob Rose, Community Services Director; Anthony Jordan, Parks and Maintenance Superintendent; Alison Meyers, Community Services Coordinator; Cloris Vargas, Recreation Specialist, and Debbie Gonzales, Administrative Coordinator. A. 13134YOUTH -- RECOGNITION MEMBERS: CSC/Meyers MATTERS FROM THE AUDIENCE: OF OUTGOING/INCOMING BOARD Dick Clippinger, 24315 Delta Drive, said that over 100 dog lovers have joined the Dog Park 1=acebook page. Between the hours of 5:40 and 7:00 p.m. the park is very busy and parking is very limited at Pantera Park. It is a long walk from the parking area to the dog park entrance. He asked if steps similar to the steps at the back of the Diamond Bar Center that go down to the trail could be installed from Pantera Drive down to the dog park. Sharon Aubert said that when there are activities at Pantera Park there is no parking available and dog park visitors have no choice but to go down the steep -slope. C/Grundy agreed that steps should be considered. ClHerndon asked if it was difficult to find parking when there are no activities at the park and Mr. Clippinger responded no, but now that summer is coming and the basketball courts are full and baseball practice and games are taking place it is difficult to find a parking spot close to the dog park. CSD/Rose explained that the City has a grant and was recently notified that it had received a second grant for the trail that goes up the access to the Pantera Park Trail APRIL 24, 2014 PAGE 2 P&R COliMISSION and he has asked CSC/Meyers to look into the possibility of extending the trail to Pantera Drive and add a set of stairs and walkway from Pantera Drive to the existing walkway by the drinking fountain. Staff expects to begin design'of the park trail in the new fiscal year. CSC/Meyers said she expects to hear back any day and if she does not hear by Monday she will call them and does not see this as being a big scope change and is hopeful that the City will be told it can move forward. CSD/Rose said that the City has photos of Pantera prior to construction of the dog park that shows people accessing the trail going up to Pantera Drive through what is now the location of . the dog park so a trail and stairs seems to be a reasonable scope of work change for this project. The second grant funds do not become available until September/October which would be the earliest the City could begin doing the design work. C/Herndon asked if the stairs would have to be ADA compliant and CSD/Rose explained they would not because there is ADA access into the dog park.. David Busse said he would like to see steps from Pantera Drive down to the dog park to free up Pantera Park parking for regular activities. The park is an outstanding amenity and gathering spot for Diamond Bar and he would also like to see lights installed at the dog park at a future date as well. 4. NEW BUSINESS: 4.1 Presentation of Site D Park Concept Plan W- CSD/Rose CSD/Rose stated that as a condition of the development of a new residential neighborhood at the corner of Diamond Bar Boulevard and Brea Canyon Road by Lennar Homes, a new (approximate) 4 -acre City Park would be constructed when the homes are built. The plan being presented this evening by applicant Geoff Smith is the result of a public input process conducted at three meetings between September 16, 2010 and May 9, 2013. Staff requests that the Commission review the concept plan and forward its recommendation to the City Council for approval at the May 6 Council meeting. C/Hsieh asked what material would be used for the playground area and whether rubber mulch would be used. CSD/Rose referred C/Hsieh to Mr. Smith and said that he believed wood mulch was proposed because the City constructed almost all of its parks with rubberized surface when the ADA retrofit accessibility began in 1995. In the next fiscal year staff has had to budget to remove the rubberized surfacing and replace. it and for Ronald Reagan Park alone the cost is about $40,000 whereas Sycamore Canyon Park can receive wood chips on top of the existing material at a much lower cost with respect to ongoing maintenance and operation. Geoff Smith, Lennar Homes, stated that Lennar Homes is very excited to bring this park to Willow Heights and the community at large. Lennar has. spent a considerable amount of time developing the concept and are proud of the outcome. APRIL 24, 2014 PAGE 3 P&R COMMISSION Edward Doll, Summers/Murphy & Partners, Inc., landscape architect for Willow Heights, presented the proposed design concept for the park via a Power Point presentation. Using the map, Mr. Doll pointed out the location of the 11 or 12 off-street parking spaces plus handicapped parking spaces for the park for ClHsieh. Mr. Doll explained that the designated parking is intended to bring vehicles off of the main boulevard into. the parking area where there is a pedestrian access across the channel. ClHsieh expressed concerns about the lack of parking for a park this size as it relates to Pantera Park and Mr. Doll responded that he believed that this park would be a big draw in terms of pedestrian walking, jogging and hiking. This park does not provide program events that are provided in other parks such as Pantera Park. Residents will come in from the residential side to use the park and residents will bicycle from the main boulevard. C/Herndon said that he believed this was considered to be a neighborhood pocket park rather than a destination park and he is very interested in getting more definition on how the neighbors will be able to access the park from Castle Rock, for example. Mr. Doll responded that there would be access for the Castle Rock neighborhood as well as from the adjacent neighborhood and the new development by the lower tot lot via the pedestrian trail. ClHemdon asked if trail lighting was proposed and Mr. Doll said that low-level passive lighting (bollard lighting) was proposed for security reasons. C/Herndon said he felt that lighting would be a nice addition to what Mr. Doll was presenting. Mary McCormick -Busse, 21455 Ambushers Street, said she and her husband have lived in Diamond Bar for 35 years and have hoped for a park in this area and have been actively involved with Site D since 1989. She attended all of the public meetings and ultimately, there are several design elements which are included and for which she is very grateful including the tot lots. Based on the small group discussions there were a couple of requests she did not find included in the design concept, including the request that it would not be a pocket park but a regional park and a destination park. There is a tot lot proposed on Brea Canyon Road and Diamond Bar Boulevard which is at one of the busiest intersections in the City with very little parking. Based on several community meetings the Ambusher neighborhood anticipates this park for the area and many people will be interested in visiting the park, some of whom will walk and some of whom will not and she believed that the limited amount of parking would not be sufficient to accommodate visitors While the water features are beautiful, the residents would appreciate more grassy area in the park. She said she -was very pleased to learn there would be lighting, especially in the second tot lot area. The residents hoped that the foot trail would have been extended to circumference the Site D area instead of stopping at the cul-de-sac. APRIL 24, 2014 PAGE 4 P&R COMMISSION Frank Abt, 3414 Castle Rock Road, resides next to the proposed park area and wanted to know what would be next to his home. David Busse, 21455 Ambushers Street, reiterated that he and his wife have been involved in a compromise on this entire park project and there are three or four things that the Commissioners need to determine. Please do not rubber stamp this project. The first view people will have entering Diamond Bar is a tree -lined storm sewer. Lennar Homes did not want to spend the money to cover the channel and paid the City $700,000 so they would not have to cover the channel. Never in any discussion was there an agreement or understanding there would be a paved service road instead of a trail. Darci Gunter, 3422 Castle Rock Road, asked if there would be a fence cutting off the cul-de-sac and if there is fencing what will be done about people parking on her very narrow street. She would like to be assured there will not be park overflow parking on her street. What time ,will the park be open to the public? She has attended several public meetings and believes the public has nothing to say because it is a done deal. Harlan Curtis, 3528 Castle Rock Road at Gold Run complained about the storm drain. Kurt Jorgensen, 3471 Castle Rock Road asked that the applicant seriously consider relocating the parking lot because Brea Canyon Road and Diamond Bar Boulevard is a traffic mess and did not understand how people could get in and out of the proposed parking lot. Patricia Goulet, 20917 Ambushers Street, said she was extremely surprised to see the service access road running the entire stretch. She is also concerned about how far behind the residential properties (easement area) the trail would be located and at what elevation, where the trees will be located and whether the access road would look down into the houses. Joyes Tweed, 21155 Running Branch said she looks forward to having a park to walk with her grandchildren and did not see playground equipment on the drawing. CSD/Rose pointed out the location of the playground equipment and responded to Mrs. Tweed that the equipment is for two age groups: 2-5 and 5-12. Mrs. Tweed said she felt there would be a trash problem in the walk over area. Karita Tan, 21472 Cold Spring Lane asked if there was a possibility that a tennis court could be considered for the park if the space is sufficient. CSD/Rose said there is no plan for a tennis court because there is no regional draw for this neighborhood park. Tennis courts, basketball courts, etc. are normally included in much larger community parks. Mr. Doll responded to a speaker that the plan suggests that the Castle Rock cul-de-sac be separated from the park by a tubular steel fence (view APRIL 24, 2014 PAGE 5 P&R COMMISSION fence) with buffer landscape.separating the cul-de-sac from the parking lot which.would also act as a security element. The City will maintain this public neighborhood park and the City will determine what the hours will be. C/Grundy asked if there would be an entry from the Castle Rock cul-de- sac into the lower area of the park and Mr. Doll responded yes, on the lower right portion of the circle at the point of the dark green trees through a gate that would be locked at night with a pedestrian trail to the pedestrian bridge that crosses the channel. CSD/Rose stated that traditional neighborhood park hours are '/z hour before sunrise to '/z hour after sunset which is set by ordinance and enforced by the Sheriff's Department. Mr. Doll stated that the parking lot is off-street parking. The primary intent of this neighborhood park is to attract pedestrian traffic, Mr. Smith stated that the evolution of the parking lot was to attempt to get cars off of Castle Rock. Whether there is a parking lot or not is at the City's discretion. CSD/Rose stated that staff requested Lennar to place a parking lot at this location. It is a neighborhood park and it is a very small parking lot. The City operates other neighborhood parks such as Washington Park, Starshine Park and five small pocket parks within LLD No. 39 none of which has a parking lot. However, these are primarily residential areas where one can park on the street and if there is no parking on Castle Rock and because residents expressed a concern about parking on Presado Drive, it is his feeling that if people are not afforded some parking they will most likely park in the businesses parking lots to visit the park so he asked Lennar Homes to include a parking lot, at the City's discretion. Therefore, based on information received this evening it would be up to the Commission whether or not to recommend that a parking lot be included in the concept plan. Mr. Doll showed pictures of the three elevations and design concepts for each of the areas. In order to maximize the space the park will be graded to have no more than a two percent slope to the lawn area beyond the tot lot which is between the parking lot and the open lawn area which is separated from Brea Canyon Road with a two -rail fence representing a Diamond Bar theme and incorporation of the downtown design program with monuments and rail fencing. The slope on the left is the existing slope down to the residences below. The roadway is a trail for a portion of the area and there is a trail up and around off of the roadway with removable bollards at the cul-de-sac, which is strictly intended for emergency vehicles. Removable bollards are also located at the trail that goes west toward the channel. Mr. Smith stated that what is being referred to as a roadway is intended to be a trail and is widened in certain areas to accommodate emergency services only and not be used for maintenance. This area will not be used by the public and will not look like a road but will act, look and feel like a trail. Mr. Doll said the trail will be decomposed granite with a four percent cement solution which was APRIL 24, 2014 PACE 6 P&RCOMMISSION approved by flood control for vehicle access. Visually, this will provide a more appropriate base for a trail and still accommodate emergency vehicles. CSD/Rose further explained that the flood control channel has a service entrance off of Diamond Bar Boulevard and the service access travels along the channel. Mr. Doll stated that as intended, this is a neighborhood park with trails. CSD/Rose said that if the channel emits an offensive odor the City will ask LA Flood Control District to mitigate the situation. With respect to covering the channel, after considering all of the issues involved, the City Council decided that it will not be covered and the Commission, while not having any discretion on that subject has the opportunity to make recommendations to the Council on the conceptual plan. Mr. Doll said that currently there is natural area surrounding the flood channel which is not maintained. This plan proposes that beyond the edges of the concrete landscape improvements will be included to enhance the edge of the channel with trees, shrubs and other flora to mitigate the issues surrounding the channel. The landscape will be consistent throughout the park and new residential area. Chair/Owens asked staff to address why the tot lot location was selected and Mr. Doll explained that it is located in a triangular area so that there is enough space for equipment to accommodate the age groups that will use that equipment. There will be a berm between Brea Canyon Road that encapsulates the tot lot site, and landscape and hardscape will provide a safety barrier to the zone. CSD/Rose said that with a request to have a trail encircle the entire project, the Trails Master Plan includes a trailhead site for Crooked Creek trail which is intended to ultimately attach to the Schabarum trail which is south of this development. While there is a long term goal to have trails in this area it is not incorporated into the neighborhood around this project. C/Herndon asked the speed limit along Brea Canyon Road. He asked if residents of Castle Rock would prefer not to have a gate at the cul-de-sac to access the park. CSD/Rose stated the speed limit is 45 to 50 MPH. An audience member stated there is a desire for some access from Castle Rock. C/Hsieh said that as a resident of Diamond Bar living close to Pantera Park she would not wish to prevent people from parking in the area in order to visit the park. She asked if the tot lot and parking areas were switched would it help the Castle Rock cul-de-sac residents to feel it was not a matter of parking there except to accommodate the children's play area. A speaker said that there is a new traffic plan being considered for Castle Rock because of this development -arid if a parking lot was installed just APRIL 24, 2014 PAGE 7 P&R COMMISSION before the confluence of Brea Canyon Road and Diamond Bar Boulevard it could cause additional traffic issues. The public was informed that because the traffic study had been done prior to the building of HMart that mitigation included the widening of Diamond Bar Boulevard that has not been done at this time and if the parking lot and tot lot are switched it could present a choking point at the intersection. Chair/Owens asked if the City's Traffic Engineer had looked at this issue and CSD/Rose responded that he had and it is the reason the parking lot is placed at the proposed location. CSD/Rose said he believed Brea Canyon Road would have an additional right turn lane as a result of this project and that Diamond Bar Boulevard would be widened at the intersection with changes in the traffic signal. Mr. Smith said that CSD/Rose was correct that the project would include a traffic signal modification moving the poles back and adding new poles. The geometry shown on the plan includes all of the necessary street widening. C/Herndon said he was concerned about the tot lot being next to the boulevard and said he would feel more comfortable if the kids were playing on the other side of the channel instead of next to the boulevard. Mr. Smith explained that the footprint of the rain garden is pre -determined and in order to get a decent sized tot lot in that area it would be problematic. Mr. Doll elaborated on the obligation of the rain garden and catch basins and said at this point he had about 30 feet of buffer between the sidewalk and the tot lot and there will be grading to make sure that the tot lot cannot be seen or accessed from the street. CSD/Rose explained that LA County has a storm management policy that requires storm water to flow through this type of a system and get filtered before it enters the storm drain to keep the ocean cleaner. The engineers have a queue of how big the system needs to be to accomplish that process for the entire property. C/Herndon asked the distance from the tot lot to the street and CSD/Rose responded about 30 feet. There was discussion about an additional fence between the tot lot and Brea Canyon Road. ClHemdon said he felt a five foot fence would be appropriate and CSD/Rose agreed. Mr. Doll said that -there could be a five-foot high tubular fence, a black or dark green fence with landscape, foliage and trees. He thanked C/Herndon for the recommendation. Frank Abt reiterated he did not know what was being built adjacent to his house. Mr. Doll again stated that the intent was to place the tubular fence around the cul-de-sac and the wall next to his house would not go away. Additional trees will be planted on the opposite side of the wall to provide a buffer. APRIL 24, 2014 PAGE 8 P&R COMMISSION C/Herndon said he wanted more discussion about the name of the park. C/Hsieh asked what sets this park apart and should be named something that reflects the atmosphere of the City. C/Grundy asked CSD/Rose to recap the proposed changes. CSD/Rose recapped the proposed recommended changes and additions to the concept plan: Fencing at the Castle Rock cul-de-sac would be solid with no gate and the current opening from Castle Rock to Brea Canyon would remain; tubular fencing would be added along the walkway at least the length of the tot lot and past the picnic shelter to create a barrier to prevent children from moving toward Brea Canyon Road; and the road surface would match the trail surface (decomposed granite). C/Herndon moved to recommend approval of the park concept plan to the City Council with recommended changes including the suggestion that the park be named "Diamond Canyon Park." ClHsieh seconded the motion. Without objection, the motion was so ordered with VC/Liang being absent. CSD/Rose stated that this item will go to the City Council on Tuesday, May 6. The meeting starts at 6:30 and takes place in the SCAQMD Auditorium. CALENDAR OF EVENTS: As presented by CSD/Rose. 1. CONSENT CALENDAR: 1.1 Approval of Minutes for March 27, 2014 Regular Meeting. ClGrundy moved, C/Herndon seconded, to approve the Minutes as amended by C/Herndon and Chair/Owens. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Grundy, Herndon, Hseih, Chair/Owens NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: VC/Liang 2. INFORMATIONAL ITEMS: 2.1 Recreation Program Update — CSC/Meyers Chair/Owens asked how many Volunteen applications the City received and CSC/Meyers responded that 96 applications were received; however, three or four were not accepted because they were not residents or were not the right age. 2.1.1 Power Point Presentation on Senior Dances — RSNargas APRIL 24, 2014 PAGE 9 P&R COMAUSSION ClHerndon asked about the numbers and whether the program was self-supporting and RSNargas said due to some cancellations and rescheduling she rounded the numbers. The program is self- supporting to a point, however, she sometimes goes over budget on catering. 2.2 Parks Report — PMS/Jordan ClHsieh asked if there was a lot of vandalism in the City parks and PMS/Jordan said it is somewhat cyclical and compared to other communities, Diamond Bar experiences very low average vandalism rates. ClHsieh said it is very difficult to see one's reflection in the mirrors at Pantera Park. PMS/Jordan responded that the mirrors are stainless steel and sometimes become scratched. Staff needs ta-°determine the threshold for replacement the City can accept because they are very expensive and very durable as opposed to a glass mirror. PMS/Jordan said he would Kook into the matter. 2.2:1 Power Point presentation on Pantera Trail and Silvertip Trailhead — PMSIJordan. ClHsieh asked if the City experienced a lot of poison oak and PMS/Jordan responded affirmatively. ClHsieh asked if there was signage and PMS/Jordan showed that signage is placed in front of the poison oak areas. ClHsieh asked about fencing and PMS/Jordan responded that unless there is a very precarious area that needs to be cordoned off for safety, generally there is no fencing. The trails are wide enough for two people to walk side by side. ClHsieh asked if there are mileage markers on the trails and PMS/Jordan said all trail maps have mileage indicators, not the trails. C/Hsieh asked if at the beginning of the trail there is a picture of what the trail looks like and CSD/Rose said that some trails have maps that show paths such as Sycamore. The pictures are on the maps. CSD/Rose responded to ClHerndon that when the trail is completed there will be a grand opening. Chair/Owens asked where the California Conservation Corp. is based and PMS/Jordan responded that they are currently based out of the Lanterman facility in Pomona. 2.3 CIP Projects — CSD/Rose 2.3.1 Construction of Grandview Trail and Grandview Trail Link — CSDIRose reported that the pre -construction meeting was held and APRIL 24, 2014 PAGE 10 P&R C®MMTSSION the starting date is early May. There are several components of the trail that require a long lead time for ordering. A notice to proceed will be issued when the submittals are approved and the timeline is determined for those items to be delivered. 2.3.2 Update on Status of Site D Public Park — CSD/Rose (discussed under New Business 4.1. 2.3.3 Design of Heritage Park Improvements — Zachary Lu, senior, Diamond Bar High School, asked for an update on the school's proposal for assisting with funding of different types of equipment to support special needs and disabled children in memory of Darren Payne, a Diamond Bar High School Senior who recently passed from Cancer if they could be included with the improvements proposed. CSD/Rose stated that the request for proposal includes a stipulation that the City wants equipment that is fully accessible for all disabilities. The RFP has not yet been released and is currently under review by the City's Public Works Department and the City Manager. When released the process begins for engaging an architect (two -three months) after which the architect will commence his background work and public meetings which will likely take place in the fall of 2414. During the process the community is invited and there are opportunities to develop subcommittees for the eventuality of redesigning the entire park and refurbishing the community center. In regards to funding, there is always a need for funding and Mr. Lu may wish to expand his efforts to additional elements that would be dedicated to the memory of the departed student including a plaque. Mr. Lu said he believed it was very valuable that students of Diamond Bar High School have impacts on parks and recreation and he would like to see the value translated into more than simple improvements as well as the mentality behind the effort and importance of leaving an important impact on the community. CSD/Rose said this is a major departure from the way parks are normally updated and Mr. Lu's input has been valuable and educational to the City. Mr. Lu submitted a Special Needs Park Ideas list which was prepared by Sherry Robinson, Diamond Bar High School teacher. Mrs. Robinson thanked the Commissioners for their consideration.. 2.3.4 Larkstone Park Update — CSD/Rose reported that it is rumored that Lewis Homes may be selling its development and appear to be in negotiations at this time. This item will not remain on the agenda until staff is advised that something concrete is taking place. APRIL 24, 2014 PAGE 11 P&R COMMISSION 2.3.5 Proposed Projects for FY 2514-15 -- a. Design for Stardust and Longview Parks b. Construction of the Longview South Park Project c. Steep Canyon Trail Connector to the Canyon Loop d. Installation of a swing set at Longview Park North, pad repair e. Design and construction of slope creep repairs at the Diamond Bar Center f. Trail improvements at Pantera Park and Silver Tip Park Trailhead, stairs and path from Pantera Drive to the dog park C/Hsieh asked about her recommendation for a video to introduce the City's parks to the community. CSD/Rose said he spoke with PIM/Roa who has along list of items she is working on with her new videographer and proposes to display current footage of the trails. C/Herndon said he has seen video of the trails on the government channel. 2.4 List of Pending Commission Requests — GSD/Rose said he spoke with DCM/McLean about work he is doing with the school districts regarding school facilities and reported that WVUSD already works directly with the Youth Sports Organizations to reserve facilities. CSD/Rose said he discovered that since Chaparral completed construction of the new gym and reconfigured the football and soccer field, they are no longer making the outdoor facilities available to AYSO. 3. OLD BUSINESS: None 5. ANNOUNCEMENTS: C/Grundy said he would not be available for the June meeting. C/Herndon thanked staff for the work product and said he was pleased to hear the tone of aggression in the audience seemed to be mitigated during tonight's meeting. Chair/Owens thanked staff for their hard work on the City Birthday Party. He attempted to attend the Easter Egg Hunt but could not find a place to park and noticed when it was too late that there was designated parking for the Commissioners. ADJOURNMENT: C/Herndon moved, C/Grundy seconded, to adjourn the Parks and Recreation Commission meeting. With no one objecting and no further business before the Parks and Recreation Commission, Chair/Owens adjourned the meeting at 10:16 p.m. APRIL 24, 2014 PAGE 12 P&R COMMISSION The foregoing minutes are hereby approved this 27tliday of May Respect�liy, u mitted, �e B S ,SECRETARY Attest: TED OWENS, CHAIRMAN _, 2014. CITY COUNCIL TO: Honorable Mayor and Members of the City Council FROM: James DeStefano, City M n TITLE: Ratification of Check Register d ted May 15, 2014 totaling $ 444,179.56 RECOMMENDATION: Ratify. FINANCIAL IMPACT: Expenditure of $ 444,179.56 in City funds. Agenda # 6.4 Meeting Date: June 03, 2014 AGENDA REPORT through May 22, 2014 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 May 15, 2014 through May 22, 2014 for $ 444,179.56 is being presented for ratification. All payments have been made in compliance with the City's purchasing policies and procedures. Payments have been reviewed and approved by the appropriate departmental staff and the attached Affidavit affirms that the check register has been audited and deemed accurate by the Finance Director. PREPARED BY: Luisa Allen Accounting Technician REVIEWED BY: Senior Accountant Attachments: Affidavit and Check Register — 05/15/14 through 05122114. 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 May 15, 2014 through May 22, 2014 has been audited and is certified as accurate. Payments have been allowed from the following funds in these amounts: Description General Fund Prop A - Transit Fund Prop C - Transit Tax Fund Integrated Waste Mgt Fund Com Dev Block Grant Fund LLAD 38 Fund LLAD 39 Fund LLAD 41 Fund Capital Imp Projects Fund Signed: Susan Full Senior Accountant Amount $346,281.67 $3,940.49 $53,847.74 $9,421.43 $2,400.00 $14,223,21 $8,195.55 $4,652.47 $1,217.00 $444,179.56 H H W 3 3 W H Y W W H H H H H µ H µ µ µ H H H H H H H H W W W H W W n > Co H t7 Cn o O o Q d o o O O O O O 0 n O o (J () O O O O 000 O o o d O Q O O b b •fJ n m H� G' H H H HHH H H WP YY H H H HHHH W W H H HH H H H H H H H R H H m nr •X. 13 O O O �y�y o 0 0 o 0 o o 0 O P O 0 0 0 O O O 00 � O O O O O O O O 0000 O o 0 o "r Ow r� n m m •• •• O o O L� n O O O O O O O O O o 0 0 0 O O O 0 0 O 4 ;�;vV m m M NO x x x x n 1 n z W H HHHHHH W W H HHH H H H t H Id O O 0 0 00 0 0 O O O O O O OO O O O O d W O m H N N roI W W W W WW0 m m m m W W W W W W W W 0. co n W m m n iH O O P OO000000 O O 000 O O O On O O O O 0 00O0 x W H tsJ H W J J -]J-7 JC C < C o 6 T O, 61001 H T Ul w m W d w W < 0) 61 U1 W, w " H O 0 O z0 i a 0 n • m H O O O O o 0 o d 0 0 0 O P O OO O O O O o o O O O O O 0000 H m H R H Ul Ln In M viIn Ln M In Ln In Ln N In Ln In Ul Lrl Ln Ln In Ln In Ln U1 Ln Ln Ln In Ln Ln w L=J \ Fi z \ \ \ \\\\\\\\ \ \ \ \\\ \ \ \ \\ \ \ \ \ \ \\\\ m HP n N N N N NN N N N N N N N N NN N N N N N N N N N N N NtJN N ciiP N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N m w t'- N H µ H HH H H H HHY W H H HHµ H H H HH H H W W Y W HH H [j 'I (-r iA P A rA .P aP A 4�1 iP 41 iP iA iA iPiP P P lP iA � R IJ � 117 7 Q 0 GI W arT H 00000000 z z 1 ] m H tai C zz 1pv ;Od H z @ t }'d O N K' n �d to ',o-' H H O r Gl w N m M '4 O G]G] H dC x d d r C1 hd ey '+3 -I ']' J +7 h7 '-j H z m m H ro rr k7 K b z z z:Ei n n� H H �' C '�C, C 11 H H � x x 'x x z iD 00000000 00000000 wy� O LTJ SS C r N H y W blm Mtm 0 0 C t7 t7 t7 t7 t7 t7tJC7 Sd H _ Ky z m (nm[ncn O to H H }T7 .'l1 r'l1 N N N N5d CCd�GGGd LTJ m m H Z O L�7L�3 H z 0 £ r m x �J�J�J*�Jro�ro�J � (nz mm H � LD H x c mmmrommn��y��I-�1J o zd oo r.0rZ o W cJc�cJCJ [ d mw Ci H I'd 10 10 t 10 10 Q 11 y � ,H t7 t7 E7 C7 CJ n7; �C �C �C �mC O rt7rrrrrir H ��� d H ;d �d �d LTJ 6yy m rrrr hI hA H M H H H H O o zzzt z ri3*3H yH. 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001 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION ACCNT ----DESCRIPTION---- SALES TAX AMOUNT TOTAL CASH ACCOUNT 0.00 346,281.67 TOTAL FUND 0.00 346,281.67 SUNCARD PENTAMATION INC DATE: 05/29/2014 CITY OF DIAMOND BAR TIME: 09:48:20 CHECK REGISTER - BY FUND SELECTION CRITERIA: transact.trans_date between '20140515 00:00:00.000' and '20140528 00:00:00.000' ACCOUNTING PERIOD: 11/14 FUND - 112 - PROP A - TRANSIT FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION ACCNT ----DESCRIPTION----- SALES TAX 10100 14 -PP 11 05/22/14 PAYROLL PAYROLL TRANSFER 112 10200 P/R TRANSFER-11/PP 0.00 TOTAL CASH ACCOUNT 0.00 TOTAL FUND 0-00 PAGE NUMBER: 6 ACCTPA21 AMOUNT 3,940.49 3,940.49 3,940.49 SUNGARD PENTAMATION INC DATE: 05/29/2014 CITY OF DIAMOND BAR TIME: 09:48:20 CHECK REGISTER - BY FUND SELECTION CRITERIA: transact.trans_date between '20140515 00:00:00.000' and '20140528 00:00:00.000' ACCOUNTING PERIOD: 11/14 PAGE NUMBER: 7 ACCTPA21 FUND - 113 - PROP C - TRANSIT TAX FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION ACCNT ------DESCRIPTION---- SALES TAX 10100 108022 05/22/14 DIVERSIF DIVERSIFIED TRANSPO 1135553 45529 DIAMOND RIDE -APR 14 0.00 10100 14 -PP 11 05/22/14 PAYROLL PAYROLL TRANSFER 113 10200 P/R TRANSFER-11/PP 0.00 TOTAL CASH ACCOUNT 0.00 TOTAL FUND 0.00 AMOUNT 48,551.50 5,296.24 53,847.74 53,847.74 SUNGARD PENTAMATION INC PAGE NUMBER: 8 DATE: 05/29/2014 CITY OF DIAMOND BAR ACCTPA21 TIME: 09:48:20 CHECK REGISTER - BY FUND SELECTION CRITERIA: transact trans date between '20140515 00:00:00.000' and 120140528 00:00:00.000' ACCOUNTING PERIOD: 11/14 FUND - 115 - INTEGRATED WASTE MGT FD CASH ACCT CHECK NO ISSUE DT VENDOR NAME 10100 14 -PP 11 05/22/14 PAYROLL PAYROLL TRANSFER TOTAL CASH ACCOUNT TOTAL, FUND FUND/DIVISION ACCNT ----DESCRIPTION---- SALES TAX 115 10200 P/R TRANSFER-11/PP 0.00 0.00 0.00 AMOUNT 9,421.43 9,421.43 9,421.43 SUNGARD PENTAMATION INC PAGE NUMBER: 9 DATE_ 05/29/2014 CITY OF DIAMOND BAR ACCTPA21 TIMF: 09:48:20 CHECK REGISTER - BY FUND SELECTION CRITERIA: transact_trans_date between '20140515 00:00:00.000' and '20140528 00:00:00.000' ACCOUNTING PERIOD: 11/14 FUND - 125 - COM DEV BLOCK GRANT FUND CASE ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION ACCNT ----DESCRIPTION------ SALES TAX AMOUNT 10100 108053 05/22/14 SJC3C0NS SJC 3 CONSULTING IN 1255215 44000 CONSULTANT SVCS --FEB 0.00 1,200.00 10100 108053 05/22/14 SJC3C0NS SSC 3 CONSULTING 1N 1255215 44000 CONSULTANT SVCS -MAR 0.00 1,200.00 TOTAL CHECK 0.00 2,400.00 TOTAL CASH ACCOUNT 0.00 2,400.00 TOTAL FUND 0.00 2,400.00 SUNGARD PENTAMATION INC DATE: 05/29/2014 CITY OF DIAMOND BAR TIME: 09:48:20 CHECK REGISTER - BY FUND SELECTION CRITERIA: transact.trans_date between '20140515 00:00:00.000' and '20140528 00:00:00.000` ACCOUNTING PERIOD: 11/14 FUND -- 138 - LLAD 38 FUND CASH ACCT CHECK NO ISSUE DT VENDOR 10100 108055 05/22/14 SCE 10100 108055 05/22/14 SCE 10100 108055 05/22/14 SCE 10100 108055 05/22/14 SCE TOTAL CHECK 10100 108070 05/22/14 WVWATE 10100 108070 05/22/14 WVWATE TOTAL CHECK NAME FUND/DIVISION ACCNT SOUTHERN CALIFORNIA 1385538 42126 SOUTHERN CALIFORNIA 1385538 42126 SOUTHERN CALIFORNIA 1385538 42126 SOUTHERN CALIFORNIA 1385538 42126 �sl YN 40*to)p� ELECT SVCS -DIST 38 ELECT SVCS -DIST 38 ELECT SVCS -DIST 38 ELECT SVCS -DIST 38 R WALNUT VALLEY WATER 138553B 42126 WATER SVCS --DIST 38 R WALNUT VALLEY WATER 1385538 42126 WATER SVCS -RECYCLED SALES TAX 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 PAGE NUMBER: 10 ACCTPA21 AMOUNT 25.07 .25.21 26.62 75.21 152.11 12,938.78 1,132.32 14,071.10 TOTAL CASH ACCOUNT 0.00 14,223.21 TOTAL FUND 0.00 14,223.21 SUNGARD PENTAMATION INC PAGE NUMBER: 11 DATE: 05/29/2014 CITY OF DIAMOND BAR ACCTPA21 TIME: 09:48:20 CHECK REGISTER - BY FUND SELECTION CRITERIA: transact_trans_date between '20140515 00:00:00.000' and 120140528 00:00:00.000' ACCOUNTING PERIOD: 11/14 FUND - 139 - LLAD 39 FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION ACCNT ----DESCRIPTION---- SALES TAX AMOUNT 10100 108070 05/22/14 WVWATFR WALNUT VALLEY WATER 1395539 42126 WATER SVCS-DIST 39 0.00 8,195.55 TOTAL CASH ACCOUNT 0.00 8,195.55 TOTAL FUND 0.00 8,195.55 SUNGARD PENTAMATION INC DATE: 05/29/2014 CITY OF DIAMOND BAR TIME: 09:48:20 CHECK REGISTER - BY FUND SELECTION CRITERIA: transact.trans_date between '20140515 00:00:00.000' and '20140528 00:00:00.000' ACCOUNTING PERIOD: 11/14 FUND - 141 - LLAD 41 FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION ACCNT ----DESCRIPTION------- 10100 108055 05/22/14 SCE SOUTHERN CALIFORNIA 1415541 42126 ELECT SVCS -DIST 41 10100 108055 05/22/14 SCE SOUTHERN CALIFORNIA 1415541 42126 ELECT SVCS --DIST 41 TOTAL CHECK 10100 108070 05/22/14 WVWATER WALNUT VALLEY WATER 1415541 TOTAL CASH ACCOUNT TOTAL FUND 42126 WATER SVCS -DIST 41 PAGE NUMBER: 12 ACCTPA21 SALES TAX AMOUNT 0.00 24,94 0.00 24.94 0.00 49.88 0.00 4,602.59 0.00 - 4,652.47 0.00 4,652.47 SUNGARD PENTAMATION INC DATE: 05/29/2014 CITY OF DIAMOND BAR TIME: 09:48:20 CHECK REGISTER - BY FUND SELECTION CRITERIA: transact.trans_date between '20140515 00:00:00.000' and '20140528 00:00:00.000' ACCOUNTING PERIOD: 11/14 FUND - 250 - CAPITAL IMP PROJECTS FD 365.10 RD MAINT--AREA 2 0.00 CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION ACCNT 10100 108044 05/22/14 ONWARDEN ONWARD ENGINEERING 2505510 46411 10100 108044 05/22/14 ONWARDEN ONWARD ENGINEERING 2505510 46411 TOTAL CHECK TOTAL CASH ACCOUNT TOTAL FUND TOTAL REPORT PAGE NUMBER: 13 ACCTPA21 ----DESCRIPTION---- SALES TAA AMOUNT RD MAINT-ZONE 1 0.00 365.10 RD MAINT--AREA 2 0.00 851.90 0.00 1,217.00 0.00 1,217.00 0.00 1,217.00 0.00 444,179.56 CITY COUNCIL TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Mang P TITLE: Treasurer's Statement — April 201 RECOMMENDATION: Approve the April 2014 Treasurer's Statement. FINANCIAL IMPACT: No Fiscal Impact BACKGROUND: Agenda # 6.5 Meeting Date: Jun 3, 2014 AGENDA REPORT Per City policy, the Finance Department presents the monthly Treasurer's Statement for the City Council's review and approval. This statement shows the cash balances with a breakdown of various investment accounts and the yield to maturity from investments. This statement also includes an investment portfolio management report which details the activities of investments. All investments have been made in accordance with the City's Investment Policy. PREPARED BY: Susan Full, Senior Accountant REVIEWED BY: Dianna Honeywell, Finance Di ctor Attachments: Treasurer's Statement, Investment Portfolio Report CITY OF DIAMOND BAR - CITY TREASURER'S REPORT CASH BALANCE AS OF APRIL 30, 2014 BEGINNING CASH BALANCE $25,752,431.34 CASH RECEIVED Cash Receipts $3,775,601.63 Total Cash Received $3,775,601.63 $29,528,032.97 EXPENDITURES Checks Written ($1,732,355.24) Payroll Transfers (551,930.36) Wire Transfers 0.00 Returned Checks (599.29) Charge Card Fees & Other Adjustments (6,304.32)_ Total Expenditures ($2,291,18921) CASH BALANCE AS OF: April 30, 2014 $27,236,843.76 TOTAL CASH BREAKDOWN Active Funds General Account ($449,274.81) Payroll Account $50,097.28 Change Fund $1,000.00 Petty Cash Account $500.00 Cash With Fiscal Agent $0.91 Unamortized Discount on Investments $10,380.95 Total Active Funds ($387,295.67) Investment Funds: Local Agency Investment Fund $10,083,075.49 Corporate Floating Rate Notes $0.00 Federal Agency Callable $8,989,997.77 Bank Negotiable CDs $6,694,621.28 Wells Fargo Advantage Money Market Fund $1,856,444.89 Total Investment Funds $27,624,139.43 CASH BALANCE AS OF: April 30, 2014 $27,236,843.76 Average Yield to Maturity 0.774% FY2013-14 Year -To -Date Interest Earnings $164,170.46 FY2013-14 Budgeted Annual Interest Earnings $180,950.00 CITY OF DIAMOND BAR INVESTMENT PORTFOLIO SUMMARY REPORT for the Month of April 30, 2014 INVESTMENTS BOOK VALUE PERCENT OF PORTFOLIO TERM DAYS TO MATURITY YIELD TO MATURITY Local Agency Investment Fund $10,083,075.49 36.50% 1 1 0.233 Federal Agency Issues - Callable $8,989,997.77 32.54% 1,635 658 1.129 Negotiable CD's - Banks $6,694,621.28 24.23% 1,563 1,160 1.323 Wells Fargo Sweep Account $1,856,444.89 6.72% 1 1 0.010 Corporate Floating Rate Notes $0.00 0.00% 0 0 0.000 Total Investments and Averages $27,624,139.43 100.00% 911 496 0.774 TOTALS $27,624,139.43 100.00% NIA NIA NIA TOTAL INTEREST EARNED 5/28/2014 Date MONTH ENDING April 30, 2014 $19,433.10 FISCAL YEAR-TO-DATE 2013-14 $164,170.46 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 City of Diamond Bar Portfolio Management Portfolio Summary April 30, 2014 Investments Par Value Market Value Book Value % of Portfolio Term Days to Maturity Local Agency Investment Funds 10,083,075.49 10,086,273.01 10,083,075.49 36.50 1 1 Federal Agency Callable 9,000,000.00 8,912,175.00 8,989,997.77 $2.54 1,635 658 Negotiable CD 6,695,000.00 6,706,637.87 6,694,621.28 24.23 1,563 1,160 Wells Fargo Sweep Account 1,856,444.89 1,856,444.89 1,856,444.89 6.72 1 1 27,634,520.38 27,561,530.77 27,624,139.43 100.00% 911 496 Investments Total Earnings April 30 Month Ending Current Year 19,433.10 Average Daily Balance 26,171,711.78 Effective Rate of Return 0.90% 7 114 M Dianna Honeywell, Finance Director Reporting period 0410112014-0413012014 Run Date: 05120/2014 -1 1:12 Fiscal Year To Date 164,170.46 23,933,467.87 0.82% City of Diamond Bar 21810 Copley Drive Diamond Bar, CA (909)839-7053 YTMrc 0.233 1.129 1.323 0.010 0.774 Portfolio POOL AP PM (PRF—PMI) 7.3.0 Report Ver. 7.3.3b City of Diamond Bar Portfolio Management Portfolio Details - Investments April 30, 2014 Page 1 Average Purchase Stated Days to YTM1C Maturity CUSIP Investment # Issuer Balance Date Par Value Market Value Book Value Rate Term Maturity Date Local Agency Investment Funds LAIF 10028 Federal Agency Callable 3133EA5V6 10041 3133EC7A6 10043 3133EC7134 10044 3133ECJL9 10049 3133ECMZ4 10051 3133ECNYG 10056 3133ECP40 10060 313382H D8 10047 313382F65 10048 313382Y98 10057 3133834Y4 10059 3134G3S50 10040 3134G47G7 10064 3134G4SQ2 10070 3135GONF6 10031 3036GO4MO 10042 3135GOTP8 10079 Negotiable CD 020050VNO 02587DMV7 0674OKFH5 05573JVR2 0556BP7A9 17284CKN3 20451PBV7 254671G53 33764JEH4 320826CY3 36160 W K57 Run Date: 05/2072014 - 11:12 Local Agency Investment Fund Subtotal and Average 8,956,127.19 Federal Farm Credit Sank Federal Farm Credit Bank Federal Farm Credit Bank Federal Farm Credit Bank Federal Farm Credit Bank Federal Farm Credit Bank Federal Farm Credit Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Mtg Corp Federal Home Loan Mtg Corp Federal Home Loan Mtg Corp Federal National Mtg Assn Federal National Mtg Assn Federal National Mtg Assn Subtotal and Average 9,439,831.64 10,083,075.49 10,086,273.01 10,083,075.49 0,233 1 1 0.233 10,083,075.49 10,086,273.01 10,083,075.49 1 1 0.233 10/26/2012 500,000.00 499,395.00 499,844.75 0.620 1,459 907 0.633 10124/2016 12/12/2012 1,000,000.00 984,553.00 999,277.22 0.820 1,826 1,321 0.840 12112/2017 12113/2012 500,000.00 492,570.50 499,819.17 0.840 1,826 1,322 0.650 12113/2017 04/02/2013 500,000.00 499,516.00 500,000.00 0.600 1,263 869 0.600 09/16/2016 05/01/2013 500,000.00 494,443.50 500,000,00 0.690 1,461 0 0.690 05/01/2017 05/0812013 500,000,00 488,750.50 499,799.03 0.950 1,826 7 0.960 05/08/2018 05/09/2013 500,000.00 491,541.50 499,433.33 0.640 1,461 8 0.678 05/0912017 03/27/2013 500,000.00 497,080.00 500,000.00 0.700 1,371 971 0.700 12/27/2016 03/27/2013 500,000.00 497,389.00 500,000.00 0,750 1,826 57 0.600 03/27/2016 05/16/2013 500,000.00 490,884.50 500,000.00 1.000 1,826 1,476 1.000 05/16/2018 05/29/2013 500,000.00 493,670.00 500,000.00 1.040 1,826 1,489 1,040 05/29/2016 10/26/2012 500,000,00 499,255,50 499,844.30 0.625 1,467 915 0.638 11/01/2016 06/26/2013 500,000.00 494,627.00 500,000.00 1.400 1,826 56 1.400 06/26/2016 01/17/2014 500,000.00 500,385.00 500,000.00 1.250 1,277 77 1.250 07/17/2017 08/21/2012 500,000.00 497,459.50 499,603.33 1.000 1,826 20 1.061 08/21/2017 11/21/2012 500,000.00 500,007.50 500,000.00 0.750 1,461 935 0.750 11/21/2016 03/19/2014 500,000.00 490,647.00 492,376.64 1.250 1,778 90 5.871 01/30/2019 9,000,000.00 8,912,175.00 8,989,997.77 1,635 658 1.129 10005 Ally Bank UT 10/0512611 248,000.00 249,037.63 248,000.00 1.300 1,097 158 1.119 10/06/2014 10052 American Express Centurion Bk 05/0212013 248,000.00 245,087.98 248,000.00 1.100 1,826 1,462 1,101 05/02/2018 10018 Barclays Bank 12/21/2011 248,000.00 253,252.14 248,000.00 2.000 1,827 965 2.002 12/21/2016 10072 BMO HARRIS 01/30/2014 248,000.00 247,228,72 248,000.00 1.250 1,826 1,735 1.251 01/30/2019 10081 BMW Bank 04/25/2014 248,000.00 245,396.00 248,000.00 1.900 1,826 1,820 1.901 04/25/2019 10067 CIT Bank 08/14/2013 248,000.00 249,109.80 248,000.00 1.900 1,826 1,566 1.901 08/14/2016 10066 Compass Bank 08/07/2013 248,000.00 249,095.17 248,000.00 1.750 1,826 1,559 1.751 08/07/2016 10075 Discover Bank 02/20/2014 248,000.00 247,153.33 248,000.00 1,850 1,826 1,756 1.851 02/20/2019 10012 First Bank Puerto Rico 06108/2012 249,000.00 251,839.85 249,000.00 1.250 1,461 769 1.251 06/08/2016 10078 First Merchants Bank 03/21/2014 248,000.00 247,113.15 248,000.00 1.000 1,280 1,239 1.002 09/21/2017 10026 GE Capital Financial Inc. 05/04/2012 248,000.00 251,240.37 248,000.00 1.750 1,826 1,099 1.751 05/04/2017 Portfolio POOL AP PM (PRF_PM2) 7.3.0 Report Ver. 7.3.3b City of Diamond Bar Portfolio Management Portfolio Details - Investments April 30, 2014 Page 2 CUSIP Average Investment# Issuer Balance Purchase Date Par Value Market Value Book Value Stated Rate Days to Term Maturity YTMIC Maturity Date Negotiable CD 36160KZK4 10073 GE Capital Retail Bank 01/31/2014 246,000.00 247,462.83 248,000.00 1.900 1,826 1,736 1.901 01!3112019 38147JSY9 10074 Goldman Sachs Bank 02/05/2014 248,000.00 247,350.49 246,000.00 1.900 1,826 1,741 1.901 02/05/2019 45383UPJ8 10077 Independent Bank CD 03/14/2014 248,000.00 247,178.87 248,000,00 0.900 1,280 1,232 0.902 09/1412017 856284D76 10022 State Bank of India 03123/2012 248,000.00 252,468.22 248,000.00 1.650 1,826 1,057 1.651 03/23/2017 464209BR5 10054 Isabella Bank & Trust Company 05/30/2013 248,000.00 245,287.38 248,000.00 0.750 1,826 1,490 0.763 05/30/2018 48124JAH1 10023 JP Morgan Chase 03/29/2012 246,000.00 246,734.06 246,000.00 1.250 1,826 1,063 1.175 03/29/2017 49306SRT5 10053 Key Bank U S A, N A 05/08/2013 248,000.00 248,203.36 248,000.00 0.450 915 557 0.376 11/09/2015 51210SITY6 10061 Lakeside Bank 05/17/2013 248,000.00 247,172.67 248,000.00 0.750 1,461 1,112 0.750 05/17/2017 58403BK62 10080 Medallion Bank 03/26/2014 248,000.00 246,835.14 248,000.00 1.250 1,461 1,427 1.254 03/28/2018 686184TKB 10055 Oriental Bank &Trust 05/16/2013 248,000.00 248,033.73 248,000.00 0.650 1,096 746 0.651 05/16/2016 70153RHEl 10076 Parkway Bank &Trust 03/19/2014 248,000.00 246,867.63 248,000.00 1.650 1,826 1,783 1.651 03/19/2019 786580YA2 10009 Safra National Bank 01/31/2012 248,000,00 249,703.26 248,000.00 1.000 1,095 274 1.001 01/30/2015 795450NV3 10030 Sallie Mae Bank 08/15/2012 248,000.00 251,430.34 248,000.00 1.750 1,826 1,202 1.751 08115/2017 80928EJC5 10063 Scotiabank De Puerto Rico 06/07/2013 248,000,00 247,953.38 248,000.00 0.700 1,096 768 0.701 06!0712016 84603M281 10029 Sovereign Bank 07/05/2012 248,000.00 248,217.99 248,000.00 0.850 732 67 0,850 07/07/2014 98146QBNO 10016 World Financial Capital Bank 11/16/2011 248,000.00 250,184.38 247,621.28 1.500 1,627 930 1.564 11/1612016 Subtotal and Average 6,669,815.38 6,695,000.00 6,706,637.87 6,694,621.28 1,563 1,160 1.323 Wells Fargo Sweep Account SWEEP 10036 Welds Fargo 07/0112012 1,856,444.69 1,856,444.89 1,856,444.89 0.010 1 1 0.010 Subtotal and Average 1,105,937.57 1,856,444.89 1,856,444.89 1,856,444.89 1 1 0.010 Total and Average 26,179,711.78 27,634,520.38 27,561,530.77 27,624,139.43 911 496 0.774 Portfolio POOL AP Run Date: 0512012014 -11:12 PM (PRF_PM2) 7.3,0 CITY COUNCIL Agenda # 6.6 Meeting Date: June 3, 2014 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Ma' r TITLE: EXTENSION OF CITY-WIDE G AFFITI REMOVAL CONTRACT WITH GRAFFITI CONTROL SYSTEMS FOR FISCAL YEAR 2014-15 IN THE AMOUNT NOT TO EXCEED $44,528 RECOMMENDATION: Approve. FINANCIAL IMPACT: Funds for this contract are included within the adopted Fiscal Year 2014-15 Budget in the amount of $39,528. In addition, staff is recommending that the City Council appropriate a contingency amount not to exceed $5,000. BACKGROUND/DISCUSSION: On May 19, 1993, the City Council awarded a contract to Graffiti Control Systems (GCS, a subsidiary of Woods Maintenance Services, Inc.) for graffiti removal services in Diamond Bar. Section 31 of the original bid specifications (incorporated by reference into the contract) allows the City Council to extend the contract on an annual basis if doing so is deemed to be in the best interest of the City. From the time that the original contract was awarded, the City Council has approved annual extensions to the contract in response to the exemplary service GCS has consistently provided to the community. During the first several years of the contract, the City was billed on a per -site basis. Then, beginning in FY 2008109, the City and GCS agreed to replace the per -site fee structure with a flat monthly rate, regardless of the number of graffiti abatements being performed. Since moving to a flat rate, GCS has been providing graffiti removal services three days per week (Monday, Wednesday and Friday). Since FY 2011112, the not -to -exceed monthly rate has been $4,940 per month ($59,280 annually). Pursuant to Section 29 of the original bid specifications, GCS is also required to remove graffiti within 24 hours of receiving a report of a tagging incident. A review of GCS's Diamond Bar service logs shows a declining trend in tagging incidents in recent years. In light of these statistics, staff believes that it would be fiscally prudent for GCS to reduce its graffiti removal services accordingly, and GCS has agreed to change its service days to two days per week (Monday and Thursday) for a fiat fee of $3,294 per month. GCS will still be obligated to respond to specific calls for service within a 24-hour timeframe. Staff is recommending that the contract be extended for FY 2014-15 in the amount of $39,520. In the event of sporadic increases in tagging incidents that warrant additional service days, staff recommends an additional appropriation of $5,000 to be placed into a contingency fund. The recent, sustained trend of reduced tagging incidents indicate that these amounts should be sufficient for anticipated graffiti removal services throughout the next year. In addition, GCS will provide as -needed work requested by the Public Works Division, such as cleaning paint spills upon public streets, which would be subject to separate invoicing through the City's street maintenance funding sources. As discussed above, GCS has proven that they can capably perform in accordance with the specifications of the contract. Staff will continue to monitor tag logs and incident response times to assess the adequacy of the reduced service days. Should another change in service days be warranted in the future, staff will advise the Council accordingly. Prepared by: Greg Gubman, AICP Community Development Director Attachments: 1. Contract Extension Proposal 2. Amendment to Graffiti Removal Contract 3. Original Contract and Bid Specifications 2 May 21, 2014 1'4fS A � N E LN AN 4 Imo. SFP, /fCFS, NcAZ 282667, Stella Marquez Administrator Coordinator City of Diamond Bar 21810 Copley Drive Diamond Bar, CA 91765 Attachment 1 CA 741 `22 NV 5840`2 This letter will serve as a new proposal and change in service days for the City. Currently we are providing graffiti removall services for the City three (3) days per week. Based on the reduction in tags and the City's desire to reduce costs, we propose reducing our services to two (2) days per week for a flat fee of $3,294 per month. Should the City desire to increase services at any time, we can certainly add the requested amount of service. As always, we have had a wonderful relationship for over twenty years and would like to continue this relationship well inti: the future. Should you have any questions please contact me. If accecptable, the new schedule will be effective July 1, 2014, through June 30, 2015. Thank you. Sincerely, Jeff Woods General Manager O` 8M794.7384 7260 AT LL AVENUE, vv\A,vvvv. araff1tiContrc,k!,.co , 91605 Attachment 2 AMENDMENT TO GRAFFITI REMOVAL CONTRACT This Amendment to the Graffiti Removal Agreement (the "Amendment") is made and entered into as of June , 2014, by and between the City of Diamond Bar, California, a municipal corporation ("City") and Graffiti Control Systems (herein referred to as the "Contractor"), with reference to the following: RECITALS A. The City and the Contractor entered into that certain Graffiti Removal Agreement dated as of May 19, 1993, which is incorporated herein by this reference (the "Original Agreement"); and B. The City and the Contractor desire to amend the Original Agreement to modify certain portions of the Original Agreement. NOW THEREFORE, the parties hereby agree as follows: Section 1. Terms. The term of this Amendment shall be from July 1, 2014, to June 30, 2015 ("Term"). Section. 2. Compensation. Section 11 of the Original Agreement is hereby amended to provide for payment to Contractor in an amount not to exceed Three Thousand Two Hundred Ninety -Four Dollars ($3,294) per month and Thirty -Nine Thousand Five Hundred Twenty Dollars ($39,520) during the Term without the prior authorization of the City. A contingency amount of up to Five Thousand Dollars ($5,000) may be authorized in the event of unforeseen, warranted expenses incurred during the course of executing this Agreement. Total payment to Consultant pursuant to this Agreement shall not exceed Forty -Four Thousand Five Hundred Twenty Dollars ($44,520). Section 4. Integration. This Amendment and all attachments hereto (if any) integrate all of the terms and conditions mentioned herein, and supersede all negotiations with respect to the subject matter hereof. This Amendment amends, as set forth herein, the Original Agreement and, except as specifically amended hereby, the Original Agreement shall remain in full force and effect. To the extent that there is any conflict or inconsistency between the terms and provisions of this Amendment and those of the Original Agreement, the terms and provisions of this Amendment shall control and govern the rights and obligations of the parties. IN WITNESS of this Agreement, the parties enter into this Agreement on the year and day first above written. "CONTRACTOR" Graffiti Control Systems By: Printed Name: Title "CITY" City of Diamond Bar, a municipal corporation - By: Carol Herrera, Mayor ATTEST: By: City Clerk APPROVED AS TO FORM: City Attorney Attachment 3 AGREEMENT KNOW ALL MEN BY THESE PRESENTS: That the following agreement is made and entered into, in duplicate, as of the date executed by the City Clerk and the Mayor, by and between Graffiti Control Systems hereinafter referred to as the "CONTRACTOR" and the City of Diamond Bar, California, hereinafter referred to as "City". WHEREAS, pursuant to Notice Inviting Sealed Bids or Proposals, bids were received, publicly opened, and declared on the date specified in said notice; and WHEREAS. City did accept the bid from Contractor Graffiti Control Systems and; WHEREAS; City has authorized tha City Clerk and Mayor to enter into a written contract with Contractor for furnishing labor, equipment, and material for graffiti removal in the City of Diamond Bar. NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is agreed: 1. GENERAL SCOPE OF WORK: Contractor shall furnish all necessary labor, tools, materials, appliances, and equipment for and do the work for graffiti removal in the City of Diamond Bar. Said work to be performed in accordance with specifications and standards on file in the office of the City Manager and in accordance with bid prices hereinafter mentioned and in accordance with the instructions of the City Manager. 2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY: The aforesaid specifications are incorporated herein by reference thereto and made a part hereof with like force and effect as if all of said documents were set forth in full herein. Said documents, the Resolution Inviting Bids attached hereto, together with this written agreement, shall constitute the contract between the parties. This contract is intended to require complete and finished work for each removal assignment and anything necessary to complete the work properly and in accordance with the law and lawful governmental regulations shall be performed by the contractor whether set out specifically in the contract or not. Should it be ascertained that any inconsistency exists between the aforesaid documents and this written agreement, the provisions of this written agreement shall control. 3. TERMS OF CONTRACT a. The undersigned bidder agrees to execute the contract within ten (10) calendar days from the date of notice of award of the contract or upon notice by City after ten (10) calendar days from the date of notice of award of the contract or upon notice by City after the 10 calendar days, and to 15 complete the work of each removal assignment within twenty- four hours of assignment. The bidder agrees further to the assessment of liquidated damages in the amount indicated in item 6 of the attachment for assignments that remain incomplete beyond the scheduled completion time. City may deduct the amount thereof from any monies due or that may become due the Contractor under this contract. Progress payments made after the scheduled date of completion shall not constitute a waiver of liquidated damages. 4. INSURANCE: The Contractor shall not commence work under this contract until he has obtained all insurance required hereunder in a company or companies acceptable to City nor shall the Contractor allow any subcontractor to commence work on his subcontract until all insurance required of the subcontractor has been obtained. The contractor shall take out and maintain at all times during the life of this contract the following policies of insurance: a. Compensation Insurance: Before beginning work, the Contractor shall furnish to the Engineer a certificate of insurance as proof that he has taken out full compensation insurance for all persons whom he may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. Such insurance shall be maintained in full force and effect during the period covered by this contract. In accordance with the provisions of Section 3700 of the California Labor Code, every contractor shall secure the payment of compensation to his employees. Contractor, prior to commencing work, shall sign and file with the City a certification as follows: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for worker's compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of work of this contract." b. For all operations of the Contractor or any subcontractor in performing the work provided for herein, insurance with the following minimum limits and coverage: 1) Public Liability - Bodily Injury (not auto) $500,000 each person; $1,000,000 each accident. 2) Public Liability - Property Damage (not auto) $250,000 each person; $500,000 aggregate. 3) Contractor's Protective- Bodily Injury $500,000 each person; $1,000,000 each accident. 4) Contractor's Protective - Property Damage $250,000 each accident; $500,000 aggregate. 16 5) Automobile - Bodily Injury $500,000 each person; $1,000,000 each accident. 6) Automobile - Property Damage $250,000 each accident. C. Each such policy of insurance provided for in paragraph b. shall: 1) Be issued by an insurance company approved in writing by City, which is qualified to do business in the State of California. 2) Name as additional insured the City of Diamond Bar, it officers, agents and employees, and any other parties specified in the bid documents to be so included; 1-13) Specify it acts as primary insurance and that no insurance held or owned by the designated additional insured shall be called upon to cover a loss under said policy; 4) Contain a clause substantially in the following words: "It is hereby understood and agreed that this policy may not be canceled nor the amount of the coverage thereof reduced until thirty (30) days after receipt of a registered letter." 5) Otherwise be in form satisfactory to City. d. The policy of insurance provided for in subparagraph a. shall contain an endorsement which: , 1) Waives all right of subrogation against all persons and entities specified in subparagraph 4.c.(2) hereof to be listed as additional insureds in the policy of insurance provided for in paragraph b. by reason of any claim arising out of or connected with the operations of Contractor or any subcontractor in performing the work provided for herein; 2) Provides it shall not be canceled or altered without thirty (30) days written notice thereof given to City by registered mail. The Contractor shall at the time of the execution of the contract present the original policies of insurance required in paragraphs a. and b. hereof, or present a certificate of the insurance company, showing the issuance of such insurance, and the additional insureds and other provisions required herein. 5. PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required to pay not less than the 17 general prevailing rate of per diem wages for work of a similar character in locality in which the public work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the office of the City Clerk of the City of Diamond Bar, 21660 E. Copley Drive, Suite 100, Diamond Bar, California, and are available to any interested party on request. City also shall cause a copy of such determinations to be posted at the job site. Pursuant to Labor Code Section 1775, the Contractor shall forfeit, as penalty to City, not more than fifty dollars ($50.00) for each laborer, workman, or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general prevailing rate of wages hereinbefore stipulated for any work done under the attached contract, by him or by any subcontractor under him, in violation°of the provisions of said Labor Code. 6. APPRENTICESHIP EMPLOYMENT: In accordance with the provisions of Section 1777.5 of the Labor Code as amended by Chapter 971, Statues of 1939, and in accordance with the regulations of the California Apprenticeship Council, properly indentured apprentices may be employed in the prosecution of the work. Attention is directed to the provisions in Section 1777.5 of the Labor Code concerning the employment of apprentices and the Contractor or any subcontractor under him. Section 1777.5, as amended, requires the Contractor or subcontractor employing tradesmen in any apprenticeable occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ration of apprentices journeymen that will be used in performance of the contract. The ratio of apprentices to journeymen in such cases shall not be less than one to five except: a. When unemployment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days prior to the request for certificate, or b. When the number of apprentices in training in the area exceeds a ratio of one to five, or C. When the trade can show it is replacing at least 1/30 of its membership through apprenticeship training on a annual basis statewide or locally, or d. When the Contractor provides evidence that he employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen. The Contractor is required to make contribution to funds established for the administration of apprenticeship 18 programs if he employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other contractors on the public works site are making such contributions. The Contractor and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex -officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. 7. LEGAL HOURS OF WORK: Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract, and the Contractor and any subcontractor under him shall comply with and be governed by the laws of the State of California having to do with working hours set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. The Contractor shall forfeit, as a penalty to City, twenty-five dollars ($25.00) for each laborer, workman, or mechanic employed in the execution of the contract, by him, or any subcontractor under him, upon any of the work hereinbefore mentioned, for each calendar day during which said laborer, workman, or mechanic is required or permitted to labor more than eight (8) hours in violation of said Labor Code. S. TRAVEL AND SUBSISTENCE PAY: Contractor agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8. 9. CONTRACTOR'S LIABILITY: The City of Diamond Bar and its officers, agents and employees shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used or employed in performing the work; or for injury or damage to any person or property resulting from defects or obstructions or from any cause whatsoever, except the sole negligence or willful misconduct of City, its employees, servants, or independent contractors who are directly responsible to City during the progress of the work or at any time before its completion and final acceptance. The Contractor will indemnify City against and will hold and save City harmless from any and all actions, claims, damages to persons or property, penalties, obligations, or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or in connection with the work, operation, or activities of the contractor, his agents, employees, subcontractors, or invitees provided for herein, whether or not there is concurrent passive or active negligence on the part of City, but excluding such actions, claims, damages to persons or property, penalties, 19 obligations, or liabilities arising from the sole negligence or willful misconduct of City, its employees, servants, or independent contractors who are directly responsible to City, and in connection therewith: a. The Contractor will defend any action or actions filed in connection with any of said claims, damages, penalties, obligations, liabilities and will pay all costs and expenses, including attorneys' fees incurred in connection therewith. b. The Contractor will promptly pay any judgement rendered against the Contractor or City covering such claims, damages, penalties, obligations, and liabilities arising out of or in connection with such work, operations, or activities of the Contractor hereunder, and the Contractor agrees to save and hold the City harmless therefrom. c. In the event City, without fault, is made a party to any action or proceeding filed or prosecuted against the Contractor for damages or other claims arising out of or in connection with the work, operation, or activities of the Contractor hereunder, the Contractor agrees to pay City any and all costs and expenses incurred by City in such action or proceeding together with reasonable attorneys' fees.. So much of the money due to the Contractor under and by virtue of the contract as shall be considered necessary by City may be retained by City until disposition has been made of such action or claims for damage as aforesaid. 10. NON-DISCRIMINATION: No discrimination shall be made in the employment of persons upon public works because of the race, color, or religion of such persons, and every contractor for public works violating this section is subject to all the penalties imposed for a violation of Division 2, Part 7, Chapter 1 of the Labor Code in accordance with the provisions of Section 1735 of said Code. 11. CONTRACT PRICE AND PAYMENT: City shall pay to the Contractor for furnishing all material and doing the prescribed work the unit prices set forth in the Price Schedule in accordance with Contractor's Proposal dated March 5, 1993. 12. ATTORNEY'S FEES: In the event that any action or proceeding is brought by either party to enforce any term or provision of this Agreement, the prevailing party shall recover its reasonable attorney's fees and costs incurred with respect thereto. 13. TERMINATION: This Agreement may be terminated by the City upon the giving of a written "Notice of Termination" to Contractor at least ten (10) days prior to the date of termination specified in said notice. In the event of such termination, Contractor shall only be paid for services rendered and expenses necessarily incurred prior to the effective date of termination. +M+ IN WITNESS WHEREOF, the parties hereto have caused these presents to be duly executed with all the formalities required by law on the respective dates set forth opposite their signatures. State of California /_ �t Contractor's License No. L Date APPROVED AS TO Z City Atto y Date By: 7cw-� T' le Title CITY OF DIAMOND BAR, CAhIFORNIA { By: : Mayor � By: l�l� City Clerk Contractor's Business Phone (800) 794-7384 or (818) 982-8480 Emergency Phone at which Contractor can be reached at any time. 21 L \(L 1 cttl-�4 w BID PACKAGE FOR THE REMOVAL OF GRAFFITI CITY OF DIAMOND BAR City of Diamond.Bar 21660 E. Copley Drive, Suite 100 Diamond Bar, CA 91765 (909) 860-2489 CITY OF DIAMOND BAR 21660 E. Copley Dr., f100 Diamond Bar, California 91765 (909) 396-5694 NOTICE INVITING BIDS NOTICE IS HEREBY GIVEN that sealed proposals will be received at the office of the City Clerk at the above address until Thursday, February 25, 1993 at 11:00 a.m. for the removal of graffiti in Diamond Bar. Said bids.will be publicly opened and read aloud at, that time, or as soon thereafter as practicable. Considered bids will be tabulated and presented to the City Council at its next regularly scheduled meeting, or, if necessary, at the earliest next available meeting date. The City Council of the City of Diamond Bar reserves the right to reject any or all bids. BID CA[TTION NOTICE 1. Responsibility to obtain and submit quotations on City Bid Form will be that of the contractor. 2,. please read entire bid carefully prior to submission. All deviations and exceptions to the specifications must be shown on the bid sheets. 3. Mark sealed envelope containing your quotation in lower, left corner as follows: Name of Bidder Title of Bid Graffiti Removal In The City of Diamond Bar. Opening Time & Date Thursday. February 25, 1933 at 11•o aa.m. 4. Bids received after time and date of Bid opening will be returned to addressor unopened. 5. The city reserves the right to reject any or all quotations and shall not be required to make a statement of the reason for rejection. 3 CITY OF DIAMOND BAR 21660 E. Copley Dr., f100 Diamond Bar, California 91765 BID INSTRUCTIONS AND CONDITIONS 1. ENVELOPE LABELING: Bids must be submitted in sealed envelopes, showing on the outside: the name of the bidder, title of the bid, the opening date and time 2. BID SUBMISSION: Submission of a signed bid shall be interpreted to mean that bidder does agree to and has accepted all of the terms and conditions set forth in all the pages which make up the bid advertisement. 3. SPECIFICATION INTERPRETATION: Whenever a question as to the meaning of any portion of this specification is in dispute or where there may be more than one interpretation given to any. portion of the specification, the interpretation by the City of Diamond Bar shall be final. 4. RESPONSIBLE BIDDER: The City of Diamond Bar reserves the right to reject the bid of any bidder(s) who has previously failed to perform properly, or complete on time, contracts of a similar nature, or to reject the bid of a bidder who is not in a position to perform such a contract satisfactorily. The City expressly reserves the right to award the contract to the bidder that best meets the requirements as set forth in the specifications. 5. LATE PERFORMANCE PENALTY EXCEPTIONS: The successful bidder shall be excused from performance hereunder during the time and to the extent that they are prevented from performing in the customary manner due to inclement weather or national holiday, where satisfactory evidence thereof is presented to the other party providing it is satisfactorily established that the non-performance is not due to the fault or negligence. of the party not performing. 6 LATE PERFORMANCE PENALTIES: For late performance. not excusable under paragraph 5, the City reserves the right to assess the contractor liquidated damages. The parties agree that it is impracticable or extremely difficult to determine the actual damages to the City for late performance of H services in this contract and that the following percentages of the price of the service performed late shall be deducted from final payment as liquidated damages for such delay: CITY WORKING DAYS LATE TOTAL PERCENTAGE DEDUCTED One Day 1096 Two. Days 25% Three Days 50% Four Days' 75% Five Days or More 100% 7.. TO RECEIVE SPECIFICATIONS: The work is to be done in accordance with the specifications of the City of Diamond Bar on file in the office of the City Clerk at the City Hall, Diamond Bar, California. Copies of the specifications will be furnished upon application to the City of Diamond Bar. 8. COST OF MAILING: Upon written request by the bidder, copies of the specifications will be mailed when said request is. accompanied by payment of $5.00 to .cover the cost of mailing charges and overhead. 9. PROPOSAL GUARANTEE: Each proposal shall be accompanied by cash or by a cashiers or certified check or by a bid bond in the amount of not less than ten percent (10%) of the amount named in the proposal. Said check or bond shall be given as a guarantee that the bidder, if awarded the bid, will within ten (10)` days after written notice of the award, execute the contract. In case of refusal or failure to execute contract, the check or bond, as the case may be, shall be forfeited to the City. No bidder's bond will be -accepted unless it conforms substantially to the form furnished by the City, which is bound herein, and is properly filled out and executed. 10. SIGNATURE: The bid must be signed in the name of the bidder and must bear the signature in longhand of the person or persons duly authorized to sign the bid on behalf of the bidder. 11. COMPETENCY OF BIDDERS: In selecting the lowest responsible bidder, consideration will be given not only to the financial standing but also to the general Competency of the bidder for the performance of the work covered by the proposal. 12. BID DEPOSIT RETURN: Deposits of three or more low bidders, the number being at the discretion of the City, will be held 5 for sixty days or until posting by the successful bidder of the Bonds required and return of executed copies of the Agreement, whichever first occurs, at which time the deposits will be returned after consideration of the bids. 13. AWARD OF BID: The award of bid, if it is awarded, will be to the lowest responsible bidder whose proposal complies with all the requirements described. The bidder to whom award is made shall execute the contract within ten (10) days from the date of written notice of the award. Failure or refusal to execute contract, or to conform to any of the stipulated requirements in connection therewith shall be just cause for the annulment of the award and the forfeiture of the proposal guarantee. If the successful bidder refuses or fails to execute the contract, the City may award the bid to the second lowest responsible bidder. If the second lowest bidder refuses or fails to execute the contract, the City may award the contract to the third lowest responsible bidder. on the failure or refusal of such second or third lowest bidder to execute the contract, such bidder's guarantees shall be likewise forfeited to the City. The work may then be readvertised. 14. "OR . EQUAL" : Pursuant to Division 5, Chapter 4, Article 4. (commencing at S4380) Government Code, all specifications shall be deemed to include the words "or equal", provided however that permissible exceptions hereto shall be specifically noted in the specifications. 15. QUANTITIES_ The quantity of work for the unit price items to be dome under the bid, as noted in the specifications, is an estimate and is not to be taken as an expressed or implied statement that the actual quantity of work will correspond to the estimate. The right is reserved by the City of Diamond Bar to increase or decrease or to entirely eliminate items from the work if found desirable or expedient. The Contractor will be allowed no claims for anticipated profits, loss of profits or for any damages of any sort because of any difference between the estimated and actual quantities of work done or for work decreased or eliminated by the City of Diamond Bar. The City Council of the City of Diamond Bar reserves the right to reject any or all bids and to waive any irregularity or informality in any bid to the extent permitted by law. 16. WITHDRAWAL OF BIDS: The bidder may withdraw his bid at any time prior to the date and hour set for opening of bids upon presentation of a written request to the City Clerk signed by 6 an authorized representative of the bidder or by the person filing the bid. 17. II+iQALID PROPOSALS: Proposals submitted by telegraph and those which are not logged in at the office of the City Clerk of the City of Diamond Bar, prior to the date and hour set for receipt of same will not be considered. 18. ALTERING PROPOSALS: The wording of the proposals shall not be changed. Any additions, conditions, limitations, or provisions inserted by the bidder will render the proposal irregular and may cause its rejection. 19. ACCEPTANCE OR REJECTION OF BIDS: The City Council of the City of Diamond Bar reserves the right to accept any bid or reject any or all bids and to waive any informality or defects in bids received as the best interests of the City of Diamond Bar. Proposals in which the bid prices are obviously unbalanced may be rejected. Proposals in which a bid item is left totally blank will be considered as being nonresponsive and automatically rejected. 20. BID PRICES AND AGREEMENT OF FIGURES: If a unit price bid item total amount arrived at by multiplying the unit price times the, quantity does not agree with the total amount entered for the item or if the total amount is not entered, the unit price and the corrected extension will be considered as representing the bidder's intentions. If in a unit price bid item the total amount is entered for the item but not the unit price, the unit price shall be that which is derived by dividing the total amount bid for the item by the number of units in the item. if the amounts bid on individual items (if called for) do not add up to the total amount shown, the correctly added total of the individual items shall prevail over the -total amount. 21. ADDENDA TO CONTRACT DOCUMENTS: The City may, from time to time, issue addenda to the contract documents during the period of advertising for bids, for the purpose of clarifying or correcting special provisions, specification or bid proposal. Contractors who have secured bid documents will be furnished with copies of such addenda, either by first class mail, telephone facsimile, or personal delivery during the period of advertising. The addenda will be sent to the address, or fax 7 number, the contractor left with or furnished the City of Diamond Bar at the time the bid documents were secured. 22. MODIFICATIONS: Changes in or addition to the bid form, recapitulations of the work bid upon, alternative proposals or any other modifications of the bid form which is not specifically called for in the bid documents may result in the City's rejection of the bid as not being responsive to the invitation bid. No oral or telephonic modification of any bid submitted will be'considered but a telegraphic modification may be considered and only if a.postmark evidences that a confirmation of the telegram duly signed by the bidder was placed in the mail prior to the opening of bids. The bid submitted must not contain any erasures, interlineation, or other corrections unless each such correction is suitably authenticated by affixing in the margin immediately opposite the correction on the surname or surnames of the person or persons signing the bid. 23. DISCREPANCIES IN PROPOSALS: In case of discrepancy between words and figures, the words shall prevail. If the amounts bid on individual items (if called for) do not in fact add to the total, the individual items shall prevail over the total figure shown. The estimated quantities and amounts are for the purpose of comparison of bids only. The City Council of the City of Diamond Bar reserves the right to reject any or all bids and to waive any irregularity or informality in any bid to the extent permitted by law. 24. PERFORMANCE LABOR AND MATERIAL BOND: The successful bidder. shall be required to post a performance bond in the amount of 100% of the bid price, labor and material bond equal to 100% of the bid price. 25. PROPOSAL FORMS: No proposal will be considered from a bidder to whom a proposal form has not been issued by the City of Diamond Bar. 26. CITY CONTACT: If further information is needed regarding this - bid, please contact: Bob Rose Parks and Recreation Director 21660 E. Copley Drive, Suite 100 Diamond Bar, CA 91765' (9 09) 396-5694 Monday through Friday from 8:00 a.m. to 12:00 Noon or 1:00 p.m. to 5:00 p.m. 8' 27. FAX NuKBER: All persons obtaining bid packets should include his or her facsimile telephone number in order that addenda and other information may be transmitted as rapidly as possible. FAILURE TO PROVIDE SUCH A NUMBER MAY RESULT IN LATE NOTIFICATION. 28. PROGRESS PAYMENTS: Payments to Contractor shall be made by CITY in accordance with the invoices submitted by Contractor, on a monthly basis, and such invoices shall be paid within a reasonable time after said invoices are received by CITY. All charges shall be in accordance with bid with respect to unit prices. In no event, however, will said invoices exceed 90% of unit price totals described in bid. Bidder agrees that, in no event, shall CITY be required to pay to bidder any sum in excess of 90% of the maximum payable hereunder prior to receipt by CITY of all final documents, together with all supplemental technical documents, as described herein acceptable in form and content to CITY. Final payment shall be made not later than 60 days after presentation of final documents and acceptance thereof by CITY. Additional services: Payments for additional services requested, in writing, by CITY, and not included in bidder's proposal shall be paid on a reimbursement basis in accordance with the fee schedule set forth in bid. Charges for additional services shall be invoiced on a monthly basis and shall be paid by CITY within a reasonable time after said invoices are received by CITY. 29. PERFORMANCE: Graffiti removal must be completed within 24 hours of receipt of properly identified location (address and/or cross streets along with structure containing graffiti) . 30. HOT LINE: Telephone for reporting graffiti must be staffed by person or machine 24 hours per day, seven days per week. Hot line telephone number must be available for -public use, when determined to be in the best interest of the City. 31. TERM OF CONTRACT: Fees presented in this bid are binding through 6/30/94. Contract may be extended annually at the option of the City. In the event the City exercises its option to extend the term of this Agreement, the Contractor's monthly compensation shall be subject to adjustment at the commencement of the extended term and annually thereafter. Any increase in compensation will be negotiated between the City and the Contractor, with the limits being no increase to a maximum of the cost of living. The increase, if any, will be calculated with reference to cost of living during the previous year. If agreed to, the increase will be calculated by adding to the Contractor's monthly compensation, the amount, if: any, obtained by multiplying the Contractor's compensation as of the adjustment date by the percentage by which the Consumer Price Index ("CPI") for the Los Angeles -Anaheim -Riverside metropolitan area for the month immediately preceding the Adjustment Date (the "Index Month") reported by the Bureau of Labor Statistics of the United States Department of Labor, has increased over the CPI for the month one year prior to the Index Month. If the Index .is discontinued, the Director's office shall, at its discretion, substitute for the Index such other similar index as it may deem appropriate. 10 M11 I g 101 rp�M KNOW ALL MEN BY THESE PRESENTS, THAT WE as successful bidder and hereinafter referred to as "Contractor", and as SURETY, are held and f irmly bound unto the CITY OF DIAMOND BAR, CALIFORNIA hereinafter referred to as the "City", in the sum of Dollars lawful money of the United States of America, for the payment of"which sum, -will and truly to be made, we bind ourselves, jointly and several firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that whereas, said bidder has been awarded bid by said City for consideration of the services under the specification entitled "Graffiti Removal in the City of Diamond Bar" is required by said City to give this bond in connection with the execution of said bid award. NOW, THEREFORE, if said contractor shall well and truly do and perform all the covenants and obligations of said bid on his part to be done and performed at the time and in the manner specified herein; this obligation shall be null and void; otherwise it shall be and in full force and effect; PROVIDED, that any alterations in the work to be done, or the services to be furnished, which may be made pursuant to the terms of said bid shall not in any way release said Contractor or the Surety thereunder nor shall any extension of item granted under the provisions of said bid release either said Contractor or said Surety.and notice of such alterations or extensions of the bid is hereby waived by such Surety. IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of ; 1993. PRINCIPAL SURETY BY: BY: (SEAL) 11 (SEAL) I.n 1111 'D10, -10 1 KNOW ALL MEN BY THESE PRESENTS, THAT WE, as principal, and as surety, are held and firmly bound unto the City of Diamond Bar in the sum to ten percent (10%) of the total'amount of the bid of the principal, to be paid to the said City of its certain attorney, its successors and assigns; for which payment will. and truly to be made, we bind ourselves, our heirs, executors 'and administrators, successors or assigns, jointly and severally, firmly by these presents. In no case shall the liability of the surety hereunder exceed the sum of THE CONDITION OF THIS OBLIGATION IS SUCH, That whereas the principal has submitted the above mentioned bid to the City of Diamond Bar for certain services specifically described as follows, for which bids are to be opened at Diamond Bar City Hall on February 25, 1993 for the Removal of Graffiti In the City of Diamond Bar. NOW THEREFORE, if the aforesaid principal is awarded the bid, and within the time and manner required under the specifications, after the prescribed forms are presented to him for signature, enters into a written contract, in the prescribed form in accordance with the bid, and files the bond with the City of Diamond Bar to guarantee payments for materials, as required by law, then this obligation shall be null and void; otherwise it shall remain in full force and effect. In the event suit.is brought upon this bond by the obligee and judgement is recovered, the surety shall pay all costs incurred by the obligee in such suit, including a reasonable attorney's fee to be fixed by the court. (Continued Next Page) 12 � M M IN WITNESS WHEREOF, we have hereunto set our hands and seals on this day of A.D., 1993 (seal) (seal) (seal) (seal) PRINCIPAL (seal) (seal ) SURETY (seal) ( seal) ADDRESS NOTE: Signatures of those executing for the surety must be properly acknowledged. 13 I DIS' F. -I a I KNOW ALL MEN BY THESE PRESENTS, THAT WE hereinafter referred to as "Contractor" as PRINCIPAL, AND as SURETY, are held and firmly bound unto the CITY OF DIAMOND BAR, CALIFORNIA hereinafter referred to as the "City", in the sum of DOLLARS lawful money of the United States of America, for the well and truly to be made, we bind ourselves, jointly these presents. (S payment of which sum, and several firmly by THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that whereas, said Contract has been awarded and is about to enter into the annexed contract with said City for completion of the work under the City's specification entitled and is required by said City to give this bond in connection with the awarding of said contract; NOW, THEREFORE, if said Contractor in said contract, or subcontractor, fails to pay for any materials, provisions, provender or other supplies, or for the use of implements or machinery, used in, upori, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, said Surety will pay for the same in an amount not exceeding the sum specified above, and also in case suit is brought upon this bond, a reasonable attorney's fee, to be fined by the court. This bond shall immure to the benefit of any and all persons entitled to file claims under Section 1192.1 of the Code of Civil Procedure of the State of California. PROVIDED, that any alterations in the work to be done, or the material to be furnished, which may be made pursuant to the terms of said contract, shall not in any way release either said Contractor or said Surety thereunder nor shall any extensions of time granted under the provisions of said contract release either said Contractor or said Surety, and notice of such alterations or extensions of the contract is hereby waived by said Contractor. IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of. , 1993. PRINCIPAL SURETY BY-.- BY : , ' (SEAL} (SFAs') 14 AGREEMENT KNOW ALL MEN BY THESE PRESENTS: That the following agreement is made and entered into, in duplicate, as of the date executed by the City Clerk and the Mayor, by and between hereinafter referred to as the "CONTRACTOR" and the City of Diamond Bar, California, hereinafter referred to as "City". WHEREAS, pursuant to Notice Inviting Sealed Bids or Proposals, bids were received, publicly opened, and declared on the date specified in said notice; and WHEREAS, City did accept the bid Contractor and; WHEREAS, City has authorized the City Clerk and Mayor to enter into a written contract with Contractor for furnishing labor, equipment, and material for graffiti removal in the City of Diamond Bar. NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is agreed: 1. GENERAL SCOPE OF WORK: Contractor shall furnish all necessary labor, tools, materials, appliances, and equipment for and do the work for. graffiti removal in the City of Diamond Bar. Said work to be performed in accordance with specifications and standards on file in the office -of the City Manager and in accordance with bid prices hereinafter mentioned and in accordance with the instructions of the City Manager. 2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY: The aforesaid specifications are incorporated herein by reference thereto and made a part hereof with like force and effect as if all of said documents were set forth in full herein. Said documents, the Resolution Inviting Bids attached hereto, together with this written agreement, shall constitute the contract between the parties. This contract is intended to require complete and finished work for each removal assignment and anything necessary to complete the work properly and in accordance with the law and lawful governmental regulations shall be performed -by the contractor whether set out specifically in the contract or not. Should it be ascertained that any inconsistency exists between the aforesaid documents and this written agreement, the provisions of this written agreement shall control. 3. TERMS OF CONTRACT a. The undersigned bidder agrees to execute the contract within ten (10) calendar days from the date of notice of award of the contract or upon notice by City after ten (10) calendar days from the date of notice of award of the contract or upon notice by City after the 10 calendar days, and to 15 complete the work of each removal assignment within twenty- four hours of assignment. The bidder agrees further to the assessment of liquidated damages in the amount indicated in item 6 of the attachment for assignments that remain incomplete beyond the scheduled completion time. City may deduct the amount thereof from any monies due or that may become due the Contractor under this contract. Progress payments made -after the scheduled date of completion shall not constitute a waiver of liquidated damages.. 4. INSURANCE: The Contractor shall not commence work under this contract until he has obtained all insurance required hereunder in a company or companies acceptable to City nor shall the Contractor allow any subcontractor to commence work on his subcontract until all insurance required of the subcontractor has been obtained. The contractor shall take out and maintain at all times during the life of this contract the following policies of insurance: a. Compensation Insurance: Before beginning work, the Contractor shall furnish to the Engineer a certificate of insurance as proof that he has taken out full compensation insurance for all persons whom he may employ directly or. through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. Such insurance shall be maintained in full force and effect during the period covered by this contract. In accordance with the provisions of Section 3700 of the California Labor Code, every contractor shall secure the payment of 'compensation to his employees. Contractor, prior to commencing work, shall sign and file with the City a certification as follows: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for worker's compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of work of this contract." b. For all operations of the Contractor or any subcontractor in performing the work provided for herein, insurance with the .following'minimum limits and coverage: 1) Public Liability - Bodily Injury (not auto) $500,000 each person; $1,000,000 each accident.. 2) Public Liability - Property Damage (not auto) $250,000 each person; $500,000 aggregate. 3) Contractor's Protective - Bodily Injury $500,000 each person;.$1,000,000 each accident. 4) Contractor's Protective - Property Damage $250,000 each accident; $500,000 aggregate. 16 5) Automobile - Bodily Injury $500,000 each person; $1,000,000 each accident. 6) Automobile - Property Damage $250,000 each accident. C. Each such policy of insurance provided for in paragraph b. shall.: 1) Be issued by an insurance company approved in writing by City, which is qualified to do business in the State of California. 2) Name as additional insured the City of Diamond Bar, it officers, agents and employees, and any other parties specified in the bid documents to be so included; 3) Specify it acts as primary insurance and that no insurance held or owned by the designated additional insured shall be called upon to cover a loss under said policy; 4) Contain a clause substantially in the following words: "it is hereby understood and agreed that this policy may not be canceled nor the amount of the coverage thereof reduced until thirty (30) days after receipt of a registered Letter." 5) otherwise be in form satisfactory to City. d. The policy of insurance provided for in subparagraph a. shall contain an endorsement which: L) Waives all right of subrogation against all persons and entities specified in subparagraph 4.c.(2) hereof to be listed as additional insureds in the policy of insurance provided for in paragraph b. by reason of any claim arising out of or connected with the operations of Contractor or any subcontractor in performing the work provided for herein; 2) Provides it shall not be canceled or altered without thirty (30) days written notice thereof given to City by registered mail. The Contractor shall at the time of the execution of the contract present the original policies of insurance required in paragraphs,a. and b. hereof, or present a certificate of the insurance company, showing the issuance of such insurance, and the additional insureds and other provisions required herein. 5. PREVAILING WAGE: Notice is hereby given that in accordance with 7, Chaer the provisions of California Labor isCoderequipedrtoopay�notrless than they Articles 1 and 2, the Contractor 17 general prevailing rate of per diem wages for work of a similar character in locality in which the public work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the office of the City Clerk of the City of Diamond Bar, 21660 F. Copley Drive, Suite 100, Diamond Bar, California, and are available to any interested party on request. City also shall cause a copy of such determination's to be posted at the job site. Pursuant to Labor Code Section 1775, the Contractor shall forfeit, as penalty to City, not more than fifty dollars ($50.00) for each laborer, workman, or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general prevailing rate of wages hereinbefore stipulated for any work done under the attached contract, by him or by any subcontractor under him, in violation of the provisions of said Labor Code. G. APPRENTICESHIP EMPLOYMENT: In accordance with the provisions of Section 1777.5 of the Labor Code as amended by Chapter 971, Statues of 1939, and in accordance with the regulations of the California Apprenticeship Council, properly indentured apprentices may be employed in the prosecution of the work. Attention is directed to the provisions in Section 1777.5 of the Labor Code concerning the employment of apprentices and the Contractor or any subcontractor under him. Section 1777.5, as amended, requires the Contractor or subcontractor employing tradesmen in any apprenticeable occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ration of apprentices journeymen that will be used in performance of the contract. The ratio. of apprentices to journeymen in such cases shall not be less than one to five except: a. When unemployment in the area of -coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days prior to the request for certificate, or b. When the number of apprentices in training in the area exceeds a ratio of one to five, or C. When the trade can show it is replacing at least 1/30 of its membership through apprenticeship training on a annual basis statewide or locally, or. d. When the Contractor provides evidence that he employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen. The Contractor is required to make contribution to funds established for the administration of apprenticeship 18 programs if he employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other contractors on the public works site are making such contributions. The Contractor and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment.of apprentices. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex -officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. 7. LEGAL HOURS OF WORK: Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract, and the Contractor and any subcontractor under him shall comply with and be governed by the laws of the State of California having to do with working hours set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. The Contractor shall forfeit, as a penalty to City, twenty-five dollars ($25.00) for each laborer, workman, or mechanic employed in the execution of the contract, by him, or any subcontractor under him, upon any of the work hereinbefore mentioned, for each calendar day during which said laborer, workman, or mechanic is required or permitted to labor more than eight (8) hours in violation of said Labor Code. 8. TRAVEL AND SUBSISTENCE PAY: Contractor agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8. g. CONTRACTOR'S LIABILTTY: The notCity be answerable orBar accountable in officers, agents and employees shall any manner for any loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used or employed in performing the wank; or for injury or damage to any person or property. resulting from defects or obstructions or from any cause whatsoever, except the sole negligence or willful misconduct of City, its employees, servants, or independent contractors who are directly responsible to -City during the progress of the work or at any time before its completion and final acceptance.. The Contractor will indemnify City against and will hold and save City harmless from any and all actions, claims, damages to persons or property, penalties, obligations, or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or in connection with the work,, operation, or activities of the contractor, his agents, employees, subcontractors, or invitees provided for herein, whether or not there is concurrent passive or active negligence on the part of City, but excluding such actions, claims, damages to persons or property, penalties, 19 obligations, or liabilities arising from the sole negligence or willful misconduct of City, its employees, servants, or independent contractors who are directly responsible to City, and in connection therewith: a. The Contractor will defend any action or actions filed in connection with any of said claims, damages, penalties, obligations, liabilities and will pay all costs and expenses, including attorneys' fees incurred in connection therewith. b. The Contractor will promptly pay any judgement rendered against the Contractor or City covering such claims, damages, penalties, obligations, and liabilities arising out of or in connection with such work, operations, or activities of the Contractor hereunder, and the Contractor agrees to save and hold the City harmless therefrom. c. In the event City, without fault, is made a party to any action or proceeding filed or prosecuted against the Contractor for damages or other claims arising out of or in connection with the work, operation, or activities of the Contractor hereunder, the Contractor agrees to pay City any and all costs and expenses incurred by City in such action or proceeding together with reasonable attorneys' fees.. So much of the money due to the Contractor under and by virtue of the contract as shall be considered necessary by City may be retained by City until disposition has been made of such action or claims for damage as aforesaid. 10.. NON-DISCRIMINATION: No discrimination shall be made in the employment of persons upon public works because of the race, color, or religion of such persons, and every contractor for public works violating this section is subject to all the penalties imposed for a violation of Division 2, Part 7, Chapter 1 of the Labor Code in accordance with the provisions of Section 1735 of said Code. 11. CONTRACT PRICE -AND PAYMENT: City shall pay to the Contractor for furnishing all material and doing the prescribed work the unit prices set forth in the Price Schedule .in accordance with Contractor's Proposal dated , 1993. 12. ATTORNEY'S FEES: In the event that any action or proceeding is brought by either party to enforce any term or provision of this Agreement, the prevailing party shall recover its reasonable attorney's fees and costs incurred with respect thereto. 13. TERMINATION: This Agreement may be terminated by the City upon the giving of a written "Notice of Termination" to Contractor at least ten (10) days prior to the date of termination specified in said notice. In the event of such termination, Contractor shall only be paid for services rendered and expenses necessarily incurred prior to the effective date of - termination. 20 IN WITNESS WHEREOF, the parties hereto have caused these presents to be duly executed with all the formalities required by law on the respective dates set forth opposite their signatures. State of California Contractor's License No. Date APPROVED AS TO FORM City Attorney Date Contractor's Business Phone Emergency Phone at which Contractor can be reached at any time, 21 By: Title Title CITY OF DIAMOND BAR, CALIFORNIA By: Mayor By: City Clerk SPECIFICATIONS I. OVERVIEW I -t is the current policy of the City Council of the City of Diamond Bar to have all graffiti removed on any property in Diamond Bar, at City expense, within 24 hours of its reporting. The current graffiti removal contractor is the Boys and Girls Club of San Gabriel Valley. Due to the recent increase in the amount of graffiti in Diamond Bar, the current contractor is having difficulty completing its assignments within the 24 hour deadline. Therefore, the City of Diamond Bar is seeking a contractor to supplement the existing contractor. It is estimated (but not guaranteed) that approximately 25% of the City's graffiti removal work will be assigned to the contractor secured from this bid process. II. STATISTICS - Following are some statistics to assist in the completing of this bid. Additional statistical information may be obtained by calling Bob.Rose, Community Services Director, at (909) 396--5694. Four Year History of Graffiti in Diamond Bar 1990/91 Fiscal # of Sites Total Average Sq. Year With Graffiti Sa. Footage E2gtGWe/Site 1989/90 130 10,462 80 1990/91 323 24,870 77 1991/92 530 43,197 82 1992193 809 53,229 66 Totals 1,792 131,758 74 Most Recent Quarter Completed 40,129 73 # of Sites Total Average Sq. Month With Graffiti Sq. Footage FootagelSite October 1992 109 10,582 97 November 1992 164 12,267 75 December 1992 280 17,280 62 Totals 553 40,129 73 22 IV. V. VI. VII. TRENDS 1. The number of sites with graffiti has increased. 2. The average square footage per site has remained at or near the middle of 701s. ADDITIONAL INFORMATION 1. The largest single site documented was 940 sq. ft. 2. Several locations are documented in the 4.00-450 sq. ft. range. BID PRICES Bid prices are being sought on a per site/square footage basis, in three categories: 1. Small Site - 10 square feet or less Statistics on file i_n the Community Services Director's office show that 32% of the sites qualify as small s.ites 2. Medium Sites - 11 square feet to 150 square feet Statistics show 59% of sites are medium sites 3. Large Sites - 151 square feet and over Statistics show 9% of sites are large sites SITES PER YEAR AVERAGE The bid requests unit' cost for removal of graffiti on a per - site basis in the three categories described above. It then requests an extension of the per -site unit cost to an annual cost by using a number that represents the average number of sites requiring graffiti removal for that size category. The Sites -Per -Year Average was obtained by using the total of graffiti sites. for the past three months (553), multiplying by 4 to represent an annual -figure (2,212) and multiplying by 25%, the amount of work that is estimated to be assigned to the successful bidder (553). Statistics on file in the Community Services Director's off ice were used to calculate the percentage of sites in each size category. The statistics. show a breakdown of size category as follows: Small Sites - 32% of sites (.177 sites/year average) Medium Sites - 59% of sites (326 sites/year average) Large Sites - 9% of sites (50 sites/year average) TOTAL BID ANNUAL COST The total bid is the total of the three size categories plus the annual retainer costs, if any. The apparent low bidder 23 will be determined by comparing the Total Bid amount from each bidder. VIII. CITY COUNCIL OPTIONS The City of Diamond Bar is experiencing a large increase in graffiti. City Council is considering many options to combat this problem. It is intended that the successful bidder be flexible and be responsive to future Council requests, such as, but not limited to, the following: 1. Public/Private Partnership - The City of Diamond Bar currently removes all graffiti in the City, on both public and private property at City expense. Due to rising costs, the City may change this policy. A service the City would retain as an option is to have the City's contractor respond to requests for graffiti removal from private property owners and bill the private property owner for the service at the same rates included in this bid (Additional retainer fees would not be required. The City's retainer fee, if any, would cover all private property owners in Diamond Bar.). 2. Community Service - Juvenile Courts sometimes sentence graffiti offenders to a number of hours of Community service. If the City chooses to participate in this program in the future, it is expected that the graffiti removal contractor would accept court referrals for the purpose of graffiti removal. S. MONTHLY SUMMARY A monthly summary of graffiti removal activity shall be submitted with the monthly statement for services rendered. The summary shall include: 1. Location of graffiti sites 2. Number of locations reported that month 3. Number of locations completed that month 4. Average response time 5. Average job size 6. Type of each location; ie. private, commercial, public or utility SI. STORAGE Storage of all materials and supplies is the responsibility of the contractor. The City has no.storage space available for contractor supplies. 24 CITY COUNCIL Agenda # 6.7 Meeting Date: June 3 2014 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Man g TITLE: APPROVE EXTENSION OF C NTRACT AGREEMENT WITH MCE CORPORATION FOR THREE YEARS (FY14-15, FY15-16, AND FY16- 17) FOR STREET MAINTENANCE SERVICES RECOMMENDATION: Approve. FINANCIAL IMPACT: The Street Maintenance budget is funded mostly by Gas Tax. Each fiscal year prior to the submittal of the proposed Public Works budget to Council, MCE Corporation (MCE) submits a detailed, proposed work order program for the fiscal year along with estimated costs for the individual services in each of the work categories. The approved Public Works maintenance budget for 2014-15 is adequate for the estimated expenditure total of $153,956.99 proposed by MCE. BACKGROUNDIDISCUSSION: In June 2011, Council extended the street maintenance contract to MCE for a three- year period beginning July 1, 2011 through June 30, 2014 with a provision to award multiple years upon successful demonstration of exemplary contract performance. The MCE crew consists of one (1) lead worker and one (1) field worker. Our Public Works Street Maintenance Superintendent, Jorge Garcia, manages the contract and meets on a daily basis with the MCE lead worker to discuss work progress and plan activities. The overall scope of work includes Road Maintenance, Right -of -Way Maintenance, Storm Drain Maintenance, and Vegetation Control. Historically, MCE has provided these services to the City that are unique and specific to our needs. Each year, staff discusses with MCE the projected activities for the upcoming fiscal year. MCE then submits a proposed cost proposallbudget to be included in the City's fiscal year budget. MCE proposed a 2% rate increase on labor only. Equipment and material rates will remain the same. The service provided by MCE has been exemplary for the last fourteen years. Staff recommends that the Council approve the extension of three years to the agreement with MCE Corporation for Street Maintenance Services. PREPARED BY: Marcy Hilario, Administrative Coordinator REVIEWED BY: Y2 Davi(°°;. Liu, Director of Public Works Date Prepared: May 28, 2014 Attachments: Agreement Amendment No. 4 with MCE's Extension Exhibit "A" Original Contract dated ,lune 20, 2000 Exhibit "B" Request fetter dated May 23, 2014 Work Order Program Summary and Estimated Cost. 2 AMENDMENT NO. 4 TO THE STREET MAINTENANCE SERVICES AGREEMENT This Amendment No. 4 to the Agreement is made and entered into this 3rd day of June, 2014, between the CITY OF DIAMOND BAR, A Municipal Corporation (hereinafter referred to as "CITY") and MCE CORPORATION (hereinafter referred to as "CONTRACTOR"). A. RECITALS. (i) The CITY has heretofore entered into an Agreement with CONTRACTOR to provide Street Maintenance Services, which the Agreement was dated June 20, 2000. (ii) The CONTRACTOR submitted a proposal, a full, true and correct copy of which is attached hereto as Exhibit "A" to provide street maintenance services. (iii) The CONTRACTOR submitted a request for extension of the contract, a full, true and correct copy of which is attached hereto as Exhibit "B" to provide street maintenance services. NOW, THEREFORE, it is agreed by and between CITY and CONTRACTOR: Section 1: Scope of Services of the Agreement is hereby amended to read as follows: Scope of Services. The nature and scope of the specific services to be performed by CONTRACTOR are as described in Exhibit "A" dated June 20, 2000. CONTRACTOR shall begin its services under this Agreement on July 1, 2014. Section 5: Compensation of the Agreement is hereby amended to read as follows: Compensation. CITY agrees to compensate CONTRACTOR for each service which CONTRACTOR performs to the satisfaction of CITY in compliance with the schedules set forth in Exhibits "A" and "B". Payment will be made only after submission of proper invoices in the form specified by CITY. Section 9: Termination of Agreement is hereby amended to read as follows- . Termination of Agreement. This Agreement No. 4 will terminate June 30, 2017 unless otherwise extended in advance and in writing by the City Manager. 3 Each party to this Amendment No. 4 acknowledges that no representation by any party which is not embodied herein nor any other agreement, statement, or promise not contained in this Amendment No. 4 shall be valid and binding. Any modification of this Amendment No. 4 shall be effective only if it is in writing signed by the parties. IN WITNESS WHEREOF, the parties hereto have executed this Agreement No. 4 as of the day and year first set forth above: ATTEST: By: Tommye Cribbins, City Clerk APPROVED AS TO FORM: City Attorney 4 CITY OF DIAMOND BAR Bv: Carol Herrera, Mayor MCE CORPORATION Steve Loweree, Vice President �b it ' " STREET MAINTENANCE SERVICES AGREEMENT THIS AGREEMENT is made as of _June R_Z000 by and between the City of Diamond Bar, a municipal corporation ("City") and MCCE Corporation ,("Contractor"}. RECITALS IE A. City desires to utilize the services of Contractor as an independent contractor to providd street maintenance services to City_ as set forth in Exhibit "A" — City's Request for Proposal, including 411 it's appendices. B. Contractor represents that it is fully qualified to perform such street maintenance servi es by virtue of its experience, licensing and the trainingr education x -id expertise of its principa s and employees. NOW, THEREFORE, in consideration of performance by the parties of the covenants and condl6ons herein contained, the parties hereto agree ns follm\s: Contractor's Services,, A. Scope of Services. The nature and scope of the specific services to be performed by Contractor are as described in Exhibit "A" and Exhibit ".13" — Contractor's Proposal, including) Work program for Fiscal Year 2000-2001 (to be annually determined by the City). B. Level of Services/Time of Performance. The level of and tinie of the specific services to be performed by Contractor are as set forth in Exhibits "A" and "B." C. Additional or Other Services. Any propose changes in the work to be per ormed under this Agreement shall be made only by written amendment to this Agreement. Contractor,, is not authorized to undertake any work --- lticll mould result in costs, expenses, or fees in excess of the' costs contained in Exhibit "A" without the express written approval of the City Manager. Should th-, City require the Contractor to provide additional services beyond the Scope of Work described in Exhib t "A", for services not specifically described therein, the rates and quantities shall be negotiated between the City and Contractor. 2. Term of Agreement. This Contract shall take effect Rik! 1, 2000, and shall cc.ntinuc until June 30, 2005, with the option, at the City's sole discretion, to award multiple ycars upon suc:cssful demonstration of exemplary contract performance. unless carlicr terminated pursuant to the provisions herein. Holvever, this contract will be subject to annual revieNNs prior to coniniencen}ent of work or the following year. This review will evaluate work performed and level of served; provided. Rcnew it is at the City's discretion 3, Compensation. City agrees to compensate Contractor for oath sen ice which Con raptor performs to the satisfaction of City in compliance with the schedules set forth in Exhibit "A". Exhiit "l3" , and Exhibit "C". 4. General Terms and Conditions. In the event of any inconsistency betwe °n the provisions of this Agreement and Contractor's proposal, the provisions of this Agreemciat shall cont ol: a) Time is of the Essence -- Contractor agrees to perform the services and deliver th work products provided for herein in strict accordance with an\- schedules stat forth by t11City. Page b) License: Standard of Care - Contractor represents and agrees that all personnel engaged by the Contractor in performing the services are and sltall be fully qualified and are authorized or permitted under Federal, State. and local laNV to perform such services. Contractor represents and warrants to the Cit' that it has all licenses, p4rmits, qualifications, and approvals required to provide the services and \vork required' to be performed by this Agreement. (i) Contractor further represents and warrants that it shat! keep in effect alU such licenses, permits, and other approvals during the term of this Agreement. Notwithstanding any other provision of this Agreement, Contractor shall have in fitll force and effect on or before Julv 1, 2000 and maintain in effect during',the terns of this Agreement, a Class A License (General Engineering Contractor). Contractor shall perform the services under this Agreement in a skillful and competent manner and in the manner and according to the standards observed by a competent practitioner of the work in which Contractor is engaged. (ii) Services provided to The City pursuant to this Agreement shall be provided in a first class and workmanlike manner conforming to the standards of quality normally provided in the field_ The contractor shall be responsible to the City for any errors or omissions in the performance of work pursuant to this Agreement. Should any errors caused by the Contractor be found in such services or products, Contractor shall correct the errors at no additional charge to the Cite by redoing the work and/or revising the work product(s) called for in the Scope of Work to eliminate the errors. c) Subcontracting Subject to Approval - Contractor may not subcontract any portion of the work to other persons or contractors unless expressed `written approval from the Citi' is received. d) Administration -- This Agreement A ill be administercd by the City Manager or his designee. The City Manager or his designee shall be considered the Project Administrator and shall have the authority to act for the City under this Agreement. The City Manager or his designee shall represent the City_ in all matters pertaini€zg'to the services to be rendered pursuant to this Agreement. e) Progress - Contractor is responsible to keep the City Manager and/or his duly authorized designee informed on a regular basis regarding the status and progress of the' work activities performed and planned, and an,,, meetings that have been scheduled 'or'are desired. f) The City's Rights to Employ Other Contractors The City reserves the right to onlploy other contractors in connection Nvith the subject matter of the Scope. of Work.' It is understood by the City that the rights reserved by this paragraph pertain to th.b City aggregating various street maintenance and repair work. such as street paving, inito one project and separately bidding and awarding a cortiract for that project. g) Contractor's Records - Contractor shall kccp records and invoices in con€ioction \with its work to be performed under this AgrecinCrIt. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of thIc Oty during normal business hours to examine, audit, and make transcripts or copies of sl€ch records. Contractor shall allow inspection of all work. data. documents, procecdinis, and Page officers, agents, servants, employees, subcontractors, materialnlen, suppliers or their officers, agents, servants or employees, arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to this Agreement or the performance or failure to perform any term, provision, covenant, or condition of the Agreement, including this indemnity provision. This indemnity provi ion is effective regardless of any prior, concurrent, or subsequent active or passive negligence by Inde nitees and shall operate to fully indemnify Indemnitees against any such negligence. This indemnity pr vision shall survive the termination of the Agreement and is in addition to arty other rights or remedies which Indemnitees may have under the law. Payment is not required as a condition precedent to ars Inde'nitee's right to recover under this indemnity provision, and an entre of judgment against an Indemnitee s tail be conclusive in favor of the Indemnitee's right to recover under this indcmnity provision, Contract r shall pay Indemnitees for any attorneys fees and costs incurred in cnfo]'csng this indemnification provision Notwithstanding the foregoing, nothing in this instrument shall be construed to encomp 'ss (a) Indemnitees' sole negligence or willful misconduct to the limited extent that the underlying Agreement is subject to Civil Code § 2782(a) or (b) the contracting public agency's active negligence to the firruted extent that the underlying Agreement is subject to Civil Code § 2782(b). This indcmnity is e edtive without reference to, the existence or applicability of any insurance coverages which may hay. been required under the Agreement or anv additional insured endorsements which may extend to Indemnitel:s.. Contractor, on behalf of itself and all parties claiming under or through it, Hereby waives all ri Y116 of subrogation and contribution against the Indemnitees, while acting Nyithin the scope of their dutie , from all claims, losses and liabilities arising out of or incident to activities or operations performed by of on behalf of the Contractor regardless of any prior, concurrent, or subsequent active or passive neglig nce by the Indemnitees. In the event there is more than one person or entity named in the, Agreement as a Contractor, tliesi all obligations, liabilities, covenants and conditions under this Section 9 shall be joint and several. 9. Insurance. Contractor shall at all times during the term of this Agreement] carry. maintain, and keep in full force and effect, Nvith. an insurance company admitted to do busi ess in California and approved by the City (1) a police or policies of broad -form comprehensive general 1 ability insurance with minimum limits of $1,000,000.00 combined single Junit coverage against any inIury, death, loss or damage as a result of wrongful or negligent acts by Contractor_ its officers, enlp` orlees. agents, and independent contractors in performance of services under this AgreeEncnt: (2) p operty damage insurance with a minimum limit of $1.000.000,00: (3) automotive liability insurance, lvith minimum combined single limits coverage of $1MO0,000.U0: and (4) worker's compensation in ur�nce with a minimum limit of $1,000,000.00 or the amount required by law. whichever is greater. Citlyi, its officers, employees, attorneys, and volunteers shall be named as additional instiureds on the policy ie$) as to comprehensive general liability, propem� damage, and automotive liability. The policy (ics) as to comprehensive general liability, property damage, automobile liability, and professional liabdit y shall provide that they are primary, and that any insurance maintained by the City shall be excess insurance only. A_ All insurance policies shall provide that the insurance coverage shall not a 0011 - renewed, canceled, reduced, or otherwise modified (except through the addition of additional inss, reds to the policy) by the insurance carrier without the insurance carrier giving City thirty (30) day's prior yr)tten notice thereof. Contractor agrees that it will not cancel. reduce or othcrrn'ise modify the in ur4nce coverage. B. Contractor agrees that if it does not 1=p the insurance in full force and P ffect, and such insurance is available at a reasonable cost. City may take out the necessary insurance I! pay Page the premium thereon, and the repayment thereof shall be deemed ain obligation of Contractor and the cost of such insurance may be deducted, at the option of City, from payments due Contractor. C. Contractor shall submit to City (1) insurance certificates indicating com liance with the minimum worker's compensation insurance requirements above, and (2) insurance policy endorsements indicating compliance with all other minimum insurance requirements above, not le s that one (1) day prior to beginning of performance under this Agreement. Endorsements shall be exec ted on City's appropriate standard fonds entitled "Additional Insured Endorsement". 10. Confidentiality. Contractor in the course of its duties may have access to confidential data of City, private individuals, or employees of the City. Contractor covenants that all data, documents, discussion, or other information developed or received by Contractor or provided for performance of Jthis Agreement are deemed confidential and shall not be disclosed by Contractor without written authorizaltion by City. City shall grant such authorization if disclosure is required by law. All City data s iall be returned to City upon the termination of this Agreement. Contractor's covenant under this sectio s1hall survive the termination of this Agreement. 11. Ownership of Materials. All materials provided by Contractor in the perf0rm,nC0 of this Agreement shall be and remain the propert%, of City without restriction or limitation upon its use or dissemination by City. 12. Conflict of Interest. A. Contractor covenants that it presently has no interest and shall not acqu re any interest, director or indirect, %Which may be affected by the services to be performed by Contracto under this Agreement, or which would conflict in any manner with the performance of its services her u►�der. Contractor Rather covenants that, in performance of this Agreement_ no person having any such ntmst. shalt be employed by it. Furthermore.. Contractor shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement. Further, the Contractor or its employees may be subject to the provisions of the California Political Reform Aft of 1974 (the "Act''), which (1) requires such persons to disclose financial interest that may forseca bl� be materialty affected by the work performed under this Agreement, and (2) prohibits such persons Pram making, or participating in making, decisions that will forsecably financially affected such into esti. If subject to the Act, the Contractor shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for termination of this Agreement by the City. B. Contractor covenants not to give or receive any compensation, rnone arl- or otherwise, to or from the ultimate vendor(s) of hardware or software to Citi' as a result of the perfo m4nce of this Agreement. Contractor's covenant under this section shall survive the termination of this Agreement_ U Termination. City may terminate this Agreement with or Without cause upon thi y (30) days written notice to Contractor. The effective date of termination shall bG upon the date specific i►1 the notice of termination, or, in the event no date is specified, upon the fifteenth (15th) day following diver of the notice. In the event of such termination, Cite agrees to pay Contractor for services satisf ctonly completed and approved prior to the effective date of termination. Immediately upon receiving w itten notice of termination, Contractor shall discontinue performing services. Contractor mai- terminate this Agreement, or any program or service provided herunder, at least ninety (90) days in advance; of such termination. If this Agreement is terminated by' the Page Contractor, the Contractor shall be compensated for services satisfactorily completed and approved prior to the effective date of termination. A. Breach of Agreement — if the Contractor defaults in the performance of any of the terms or conditions of this Agreement, it shall have ten (1()) days after service Upon it of written notice of such default in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to tertninate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled by law, in equity, o under this Agreement. The failure of the Cite' to object to any default in the performance of the terns and conditions of this Agreement shall not constitute a w�livcr of either that term or condition or an v other term or condition of this Agreement. B. Mediation — Any dispute or controversy arising under this Agreement or in connection with any of the terms and conditions hereof shall be referred by the parties her, -to for mediation. A third party, neutral mediation services shall be seloctcd. as agreed upon by the particsland the costs and expenses thereof shall be borne equally by the parties hereto. In the event the pa icy are unable to mutually agree upon the mediator to be selcctcd hereunder, the City Council shall select such a neutral, third party mediation service and the City Council's decision shall be final. The parties grde to utilize their good faith efforts to resolve any such dispute or coiitroversv so.submitted to.mediatio t. 'It is specifically understood and agreed by the parties hereto that referral or any such dispute; or contr vorsy, and mutual good faith efforts to resolve the same thereby, shall be conditions precedent to the ins it0tion of any action or proceeding, whether at laN% or in equity with respect to any such dispute or controvCrsy. 14. Provision of Personnel, Instruments and Office Space. Contractor represents that it has, or will secure at its own expense, all personnel required to perform the services un er this Agreement. All of the services required under this Agreement will be performed by Contractor or upider it supervision, and all personnel engaged in the work shall be qualified to perforin such s rvA=S_ Contractor reserves the right to determine the assignment of its own employees to the performance of Contractor's services under this Agreement, but City reserves the right, for good cause, to require Contractor to exclude any employee from performing services on City's promises. A. Contractor shall provide a person designated as the Lead Worker/Foreman part of the Two-man Crew to assume the responsibility for the day to dny work. performing nniscellaneoe s street maintenance and repair activities and act under the dircetion of the Cite. B. Contractor small provide office space, furniture, telephone, and Upphcs (including but not limited to all necessary materials such as tack, asphalt, concrete, deli icators, barricades, brooms, shovels. tampers, etc. required to perform the services under this Agrecme 1t); at a location or work site within the corporate boundaries of the City of Diamond Bar for th street maintenance related work, The office shall be accessible to the Cite. C. Contractor shall make every reasonable effort to maintain the stability and continuity of their staff assigned to perform the services require=d by this Agreement. Contractipr ;shall maintain a constant supply of the required materials and tools to perform the services un er this Agreement_ 15. Financial Condition, Prior to entering into this Agreement, Contractor has s brriitted documentation acceptable to the City Manager, establishing that it is financially solvent, such th t it can reasonably be expected to perform the services required by this Agreement_ Within thirty (30) da_ s df the Page first anniversary of the effective date of this Agreement, and each year thereafter throughout the term of this Agreement, Contractor shall submit such financial information as may be appropriate to establish to the satisfaction of the City Manager that Contractor is in at least as sound a financial position as was the case prior to entering into this Agreement. Financial information submitted to the City Manager shall be returned to Contractor after review and shall not be retained by City. 16. Non -Discrimination and Equal Employment Opportunity. A. Contractor shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement, and willorn. ply with all rules and regulations of City relating thereto. Such nondiscrimination shall include but no be limited to the following: employment, upgrading, demotion, transfers, recruitment or recr itriient advertising, layoff or termination; rates of pay or other forms of compensation; and selection for t a,riing, including apprenticeship. B. Contractor will, in all solicitations or advertisements for employees place' b or on behalf of Contractor state either that it is an equal opportunity employer or that all qualified ap lid.ants will receive consideration for employment without regard to race, color, creed, religion, sex, mairital status, national origin, ancestry, age, physical or mental handicap, medical condition; or sexual orientation, C. Contractor will cause the foregoing provisions to be inserted in all subs ntracts for any work covered by this Agreement except contracts or subcontracts for standard comlelcial supplies or raw materials. 17. Assignment. Contractor shall not assign or transfer anv interest in this Agrecnienc. nor the performance of any of Contractor's obligations hereunder. without the prior written consQnt f City, and any attempt by Contractor to so assign this Agreement or any rights, duties. or obligations arising hereunder shall be void and of no effect. 1.8. Performance Evaluation. This Contract shall take effect July 1, 2000, a d };hall continue until June 30, 2005_ with the possibility of merit renewals, unless earlier terminated pur ualit to the provisions herein. However, this contract will be subjject to annual reviews prior to commence nelit of work for the following year_ This review will evaluate Nvork performed and level of service p ovided. The work product required by this Agreement shall be utilized as the basis for revic.v, and any co i ,ents or complaints received by City during the review period, either orally or in writing, shall be con id�rcd. City shall meet with Contractor prior to preparing the written report, if any noncompliance � rid the Agreement is found, City may direct Contractor to correct the inadequacies, or, in the alternate e, may terminate this Agreement as provided herein. 19. Compliance with Laws. Contractor shall comply with all applicable laws, Ord nallces, codes and regulations of the federal, state, and local governments. Contractor shall keep itself informed of all State and Federal laws and regulations which in any, manner affect those employed by it or ire any way affect the performance of its services pursuant to this Agrccn7cnt. The Contractor shall, at a I Mmes, observe .and comply with all such laws and regulations. The City, and its officers and employe s, shall not be liable at law or in equity by reason of the failure of the Contractor to comply with this paras ra0h. A. To the extend that any or all of the services dQscribcd in Exhibit "A" ar° oral may be funded by other governmental entities. Contractor sh,:ill comply � ith all applicable rr lesi and regulations to which the City is bound with the agencies providing the funding. - i Page B, Prevailing Wages: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles l and 2. the .CONTRACTOR is required to pay not less than the general prevailing rate of per diem wages for work of a similar characters in the locality in which the public works is performed, and not less than the general prevailing rate of pe diem wages for holiday and overtime work. in that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wagcs are on file in the Office of the Citi, Clerk of the City of Diamond Bar, Suite 100, 21660 E. Copley Drive, Diamond Ear, California, a d are available to any interested party on request. City also shall cause a copy of such deteri-ninations to be posted at the job site. The CONTRACTOR shall forfeit, as penalty to City, not more than twenty-five doflars ($25.00) for each laborer, workman or mechanic employed for each calendar day or portion the eon', if such laborer, workman or mechanic is paid less than the general prevailing rate of wages hereinbefore stipulated for any work done under this Agreement, by hire or by any subcontractor under 111m. 20. Non -Waiver of Terms, Rights and Remedies. Waiver by either party of any ;one; or more of the conditions of performance undeir this Agreement shall not be a waivor of arty other condition of performance under this Agreement. In no event shall the making by Cite of any payment to Cot tractor constitute or be construed as a waiver by City of any breach of covenant; or any default Nvhich nlav lien exist on tpart art of Contractor, and the making of any such payment by City shall in no way in par or prejudice any right or remedy available: to Cite with regard to such breach or default. 21. Attorney's Fees. In the event that either parry to this Agreement shall comine cel any legal or equitable action or proceeding to enforce or interpret the provisions of this Agreem nt, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, in hiding reasonable attorney's fees and costs, including costs of expert %%itncsses and contractors. 22, Notices. Anv notices, bills. invoices, or reports required b}' this Agreement hall be deemed received on (a) the day of delivery if delivered by handl during rcgular business hour, or by facsimile before or during regular business hours, or (b) on the third business day following depos t idi the United States mail, postage prepaid, certified, to the addresses hcretolbre. set forth in the Agreement, br to such other addresses as the parties may, from tune to time, designate in writing pursuant to the pr vi§ions of this section. 23, Governing Law, This Contract shall be intcrpretcd_ construed and enforced in accordance with the laws of the State of California. Los Angeles County shall be the venue for any 'legal proceedings, including mediation. arbitration, or court actions that are initiated regarding this Agreement, 24. Counterparts. This Agreement may be executed in any number of countcrparts,,each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument. 25. Entire Agreement. This Agreement, and any other documents incorporated lit rein by specific reference, represent the entire and integrated agreement betN%cco Contractor and CO.. This Agreement supersedes all prior oral or written negotiations, representations or agrccments This Agreement may not be amended, nor any provision or breach hereof waived. except in a writin signed by the parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by the City Manager or the Mayor and attested by the City Clerk. Page 26). Exhibits. All exhibits referred to in this Agreement arc incorporated herein by this reference. 27. Severability. If any provision in this Agreement is Held by a court ofcon petent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will nevertheless contnue in full force without being impaired or invalidated in any way. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. "City" ATTEST: CITY OF DIAMOND BAR Y City Clerk ` Ntaynr Approved as to form: "CONTRACTOR" Aie�v Bv: tillCity_ By: 9 Pagc Mr. David Liu May 23, 2014 Public Works Director City of Diamond Bar 21825 E. Copley Drive Diamond Bar, California 91765-4178 RE: Request for Contract Extension Dear David: MCE Corporation has provided right of way maintenance to the City of Diamond Bar for the past fourteen years. In that time, we believe that MCE has provided a cost effective and high quality level of service to the City. Our employees take pride in the performance of their work and the community that they serve. We would like to propose a 2% rate increase on labor only. Equipment and material rates will remain the same. A work program was previously sent to Jorge Garcia. We would very much like t e our co relationship, and by means of this letter, formally request a hree year contract a on. We hope that this request will be met favorably by the C ar. Please let me know if there is any assistance that I can provide or answer any questions that you may have. Sinc#rely, Steve Ldweree MCE CORPORATION Vice President - Maintenance Division 04/17/14 13-919 - CITY OF DIAMOND BAR - 43b Page No. 1 02:11 PM FY 14-15Work Program By Location Activ4y Inven. Inver. Level of LOS Annual Annual Hours! Total Unit Total Code Activity Name Qty. Unit Service Unit Qty. Unit Unit Hours Cost Gost Area D1 STREETMAINTENANCE 51.25 Ai-01 SPILLCLEAN-UP 1.00 SYSTEM 22.00 HR 22.00 HR 1.00 22.00 32.96 725.12 A3-01 TRLE/6RUSH CUTTING 5.25 SYSTEM 85.71 HR 450.00 HR 1.00 450.00 35.14 15813.00 A3-02 TREE STAKING 1047.0 TREES .01 TREES 10.00 TREES 1.17 11.70 37.27 436.05 A3-08 IN-HOUSEPRUNING 1508.0 TREES .12 TREES 179.00 TREES 1.18 211.22 33.80 7139.24 A3-13 TREE WELL COVER MAINT. 1508.0 F.A .01 EA 18.00 EA 1,00 18.00 38.31 689.58 A3-14 TREE WELL COVER MAINT. 1508.0 EA EA EA A3-99 OTHER TREE MAINT 1.00 SYSTEM 106.00 HR 100.00 HR 1.04 100.00 36.33 3633,00 A6-01 LITTER PICKUP (SPOT) 60.00 SYSTEM B.75 HR 525.00 HR 1.00 525.00 36.80 19320,00 A6-13 MANUAL WEED REMOVAL BE 10.00 AC BED 65.00 HR 650.00 HR 1.00 650.00 40.26 26165,00 A7-02 HAND SWEEPING 38.10 RD MI 41.21 HR 1570.00 HR 1.00 1570.00 38.32 60162,40 A742 CLEANWSWEEP PAVED MED. 1.90 SYSTEM HR HR A7-43 TRAFFIC CONTROL 1.00 SYSTEM 15.00 HR 15.00 HR 1.00 15.00 41.57 623.55 A8-09F STREET MAINT, FIELD WORK 1.00 SYSTEM HR HR 02-01 STORM PATROL WSP/GLEAN 1.00 SYSTEM 120.00 FIR 120.00 HR 1.00 120.00 38.83 4659.60 D5-09 OTHERMARK€NG 1.00 SYSTEM 78.00 HR 78.00 HR 1.00 78,00 65.18 5084.04 D7-02 SPOT SPRAY WEEDS 1.00 HR 140.00 HR 140.00 HR 1.00 140.00 41.21 5769,40 Location Subtotais: 3910.92 150t223.99 04117/14 02:11 PM Activity Code Activity Name 13-919 - CITY OF DIAMOND BAR - 435 FY 14-15 Work Program By Location inven. Inven. Level of LOS Annual Qty. Unit , Service Unit Qty, Annual Unit Page No. 2 Hours/ Total Unit Unit Hours Cost Total Cost Area D2 FREEWAY LITTER PICKUP 28.3 A6-01 LITTER PICKUP (SPOT) 1.00 SYSTEM 100.00 HR 100.00 HR 1.00 100.00 37.33 3733.00 A6-13 MANUAL WEED REMOVAL BE 1.00 SYSTEM HR HR A7-02 HANDSWLEPING 5.00 RDMI HR HR 10.00 D7.02 SPOT SPRAY WLEDS 133.00 HR HR HR Location Sublotals: 1 DDA 3,733.00 Grand Totals: 4010.92153,956.99 CITY COUNCIL Agenda # Meeting Date: June 3, 2014 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City M t _7 f TITLE: AMEND THE CROSSING GUARD SERVICES CONTRACT WITH ALL CITY MANAGEMENT SERVICES, INC. TO EXTEND THE CURRENT CONTRACT FOR A PERIOD OF THREE (3) YEARS (JULY 1, 2014 TO JUNE 30, 2017) RECOMMENDATION: Approve. FINANCIAL IMPACT: For Fiscal Year 2014-2015, a budget amount of $140,000 has been approved for crossing guard services. Effective July 1, 2014 the California minimum wage rate will increase from $8.00 to $9.00 per hour, followed another minimum wage increase effective, July 1, 2016 to $10.00 per hour, impacting all crossing guard services wages and billing rates. Staff has negotiated an hourly freeze rate of $14,59 per hour for the 2014-2015 school year and $15.49 per hour for the subsequent two fiscal years. With a three-hour maximum per site, the City anticipates an expenditure of approximately $134,000 for crossing guard services covering seventeen (17) locations for Fiscal Year 2014-2015 and approximately $143,000 for each subsequent fiscal year. Up to three (3) schools will need crossing guard services during summer session. This extra service will be covered in the new fiscal year budget. BACKGROUNDIDISCUSSION: The City's five-year contract with All City Management, Inc. (ACMS) began on July 1, 2009 with an extension of two (2) years, and will expire on June 30, 2014. Staff reached out to several agencies (Chino Hills, Chino, LA County, Covina, Montclair, Ontario, and Brea) for information related to their current crossing guard services and rates. For agencies that contract for crossing guard services, ACMS is the only company providing these services. Other agencies hire crossing guards directly. Therefore, in order to continue safe crossing at the seventeen (17) locations, ACMS submitted a letter of Amended Item 6.8 Page 2 intent which indicates their commitment to meet all of the terms and conditions of the original agreement and expresses its desires to continue providing services to the City at the fixed rate of $14.09 per hour for the 2014-2015 school year and $15.49 per hour for the subsequent two Fiscal Years 2015-2016 & 2016-2017. The current rate for FY 13-14 is $13.43 per hour, which is competitively low compared to the following nearby jurisdictions: Jurisdictions Current Rate Diamond':Bar $13.43 Ontario $14.11 Chino Hills $14.46 City of Chino $14.46 Covina $14.46 Montclair $14.61 Brea $14.69 LA County $15.87 Jurisdictions Proposed Rate Ontario $14:11 Covina $1446 Diamond Bar $14.59 Montclair ;` $14.61 Brea $14:69 Chino Hills $15:92 City of Chino LA County The proposed rate for the next three (3) fiscal years will continue to be competitive compared to other nearby jurisdictions. Crossing guard services are provided to assure the safety of school -aged children, pedestrians, parents, and others when crossing streets utilizing crosswalks in the vicinity of their respective schools. The City requires all crossing guards to be properly trained and supervised in order to carry out their responsibilities. It is expected that crossing guards will provide three hours of service per day for each intersection. • Crossing Guard Locations The following is a list of locations for schools within the Walnut Valley and Pomona Unified School Districts currently being served by Diamond Bar crossing guards. Walnut Valley Unified School District 1. Castle Rock Elementary 2. Castle Rock Elementary 3. Evergreen Elementary 4. Evergreen Elementary 5. Maple Hill Elementary 6. Walnut Elementary 7. Walnut Elementary 8. Quail Summit Elementary 9. Quail Summit Elementary 10. Chaparral Middle School 2 Cold Springs Lane & at front of school Castle Rock Road & Cold Springs Lane Harmony Hill Drive & Evergreen Springs Pathfinder Road & Evergreen Springs Blenbury Drive & Maple Hill Road (in front of school.) Golden Springs Drive & Lemon Avenue Glenwick Drive & Lycoming Drive Quail. Summit Drive & Winterwood Lane Forrest Canyon near Park (mid -block) Diamond Bar Blvd & Mountain Laurel Way Pomona Unified School District 11. Diamond Point Elementary 12. Diamond Point Elementary 13. Golden Springs Elementary 14. Golden Springs Elementary 15. Neil Armstrong Elementary 16. Neil Armstrong Elementary 17. Lorbeer Middle School RECOMMENDATION: Golden Springs & Sunset Crossing Road Sunset Crossing Road & Del Sol Lane Ballena Drive & Meadow Falls Drive El Encino Drive & Prospect Valley Drive Beaverhead Dr. & Cottonwood Cove Dr. Clearview Crest Drive & Chicora Drive Diamond Bar Blvd. & Golden Springs Dr. During the contract term, All City Management Services, Inc. has worked satisfactorily to provide crossing guard services and staff has been pleased with overall performance of this contractor. Staff is recommending the renewal of its contract with All City Management for the next three fiscal years starting Fiscal Year 2014-2015, PREPARED BY: Christian Malpica, Associate Engineer REVIEWED BY: David 0"Li " Director of Public Works/City Engineer Attachment: Amendment No. 2 3 Date Prepared: May 28, 2014 AMENDMENT N0. 2 TO THE AGREEMENT FOR CROSSING GUARD SERVICES This Amendment No. 2 to the City's Contract Agreement is made and entered into this 3'd day of June, 2014 by and between the CITY OF DIAMOND BAR, a municipal corporation (hereinafter referred to as "CITY") and ALL CITY MANAGMENT SERVICES, INC. (hereinafter referred to as "CONTRACTOR"). A. Recitals: (i) The CITY has heretofore entered into an agreement with All City Management Services, Inc. to provide Crossing Guard Services. A true and correct copy of which dated June 2, 2009. (ii) CONTRACTOR has requested a three-year (3) extension proposal ("PROJECT" hereinafter), a full, true and correct copy of which attached hereto as Exhibit "A" to extend said services for a period of three (3) years. NOW, THEREFORE, it is agreed by and between CITY and CONTRACTOR: B. Amendment to Agreement: Section 1: Section 2 of the agreement is hereby amended to read as follows: Term of Agreement. The term of this Agreement shall commence July 1, 2014 and shall be extended through June 30, 2017. Section 2: Section 3 of the Agreement is hereby amended to read as follows: Compensation. CITY agrees to compensate CONTRACTOR for each service, which CONTRACTOR performs to the satisfaction of CITY in compliance with the schedule set forth in Exhibit "A". Payments will be made only after submission of proper monthly invoices in the form specified by CITY. Payments to CONTRACTOR pursuant to this Agreement shall not exceed (fourteen dollars and fifty-nine cents ($14.59) per hour for Fiscal Year 2014-2015 and fifteen dollars and forty-nine cents ($15.49,) per hour for Fiscal Years 2015-2016 & 2016-2017. Exhibit "A" of this agreement is hereby attached hereto and incorporated herein. Each party to this Supplemental Agreement acknowledges that no representation by any party which is not embodied herein nor any other agreement, statement, or promise not contained in this Supplemental Agreement shall be valid and binding. Any modification of this Supplemental Agreement shall be effective only if it is in writing signed by the parties. 4 IN WITNESS WHEREOF, the parties hereto have executed this Supplemental Agreement as of the day and year first set forth above. "CITY" ATTEST: By: Tommye Cribbins, City Clerk APPROVED AS TO FORM: In David A. DeBerry, City Attorney By: CITY OF DIAMOND BAR Carol Herrera, Mayor "CONTRACTOR" ALL CITY MANAGEMENTSERVICES Baron Farwell, General Manager EXHIBIT "A" F 3 � w �,., t �.�. ,I, ��' �l r•`�Ci��l�1�I .l�f�y �`�:I'��`I�.I: A. May 28, 2014 Christian Malpica, Associate Engineer City of Diamond Bar 21810 Copley Dr. Diamond Bar, CA 91765 Dear Christian Malpica: Please allow this letter to serve as confirmation of our interest in extending our agreement with the City of Diamond Bar for the next 3 years. As such, we have agreed to a price of $14.59 per hour, for Crossing Guard services for the upcoming 2014-2015 fiscal year. For the subsequent two (2) Fiscal Years 2015-2017 our pricing will be $15.49 per hour, per guard. Theses rates and terms supersede all prior proposed pricing and terms between ACMS and the City of Diamond Bar. We will maintain all other terms and conditions as set forth in our initial or subsequent contract with the City. The President and General Manager, Baron Farwell is prepared to execute any such agreement should the City choose to exercise this option. incer y, De Metra Farwell C� porate Secretary "The C IFON.T ng Gwardl company" 10440 Pioneer Blvd., Ste. #5, Santa Fe Spriggs, CA 90670 *310-202-8294 - 800-540-9290 ® FAX 310-202-8325 CITY COUNCIL Agenda # 6 , 9 (a ) Meeting Date: June 3, 2014 AGENDA REPORT TO: Honorable Mayor and Members of the City Council r1 VIA: James DeStefano, City Minaaer TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR TO DECLARE THE CITY'S INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR LANDSCAPE DISTRICT NO. 38 AND DIRECT THE CITY CLERK TO ADVERTISE THE PUBLIC HEARING TO BE SET FOR THE JUNE 17, 2014 REGULAR MEETING. RECOMMENDATION: Approve FINANCIAL SUMMARY: As shown on the attached Engineer's Report, $268,305 of assessment generated by this District and $98,932 of the General Fund are proposed to pay for the operation and maintenance costs budgeted in special fund No. 138. BACKGROUND/DISCUSSION: The attached Engineer's Report for the City's Landscaping Assessment District Number 38, which is prepared pursuant to provisions of the Landscaping and Lighting Act of 1972 of Part 2 of Division 15 of the Streets and Highways Code of the State of California, includes authority for the report, estimated costs of improvements, a diagram for the District and the assessments. The estimated number of parcels within the District is 17,887 parcels. The amount assessed upon the lands within District Number 38 for Fiscal Year 2013-2014 was $15.00 per parcel. The amount to be assessed for Fiscal Year 2014-2015 is to remain at $15.00 per parcel. The assessments will be utilized towards the general maintenance of City's medians and parkways. The proposed assessment has been determined to be exempt from the provisions of Proposition 218 as set forth in section 5 (a): Any assessment imposed exclusively to finance the capital costs or maintenance and operation expenses for sidewalks, streets, sewers, water, flood control drainage systems or vector control. Prepared By: David. G. Liu Director of Public Works Attachments: Resolution No. 2014 -XX Engineer's Report, dated June 3, 2014 2 RESOLUTION NO. 2014 -XX RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR TO DECLARE THE CITY'S INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR LANDSCAPE DISTRICT NO. 38 AND DIRECT THE CITY CLERK TO ADVERTISE THE PUBLIC HEARING BEFORE THE COUNCIL AT THE JUNE 17, 2014 REGULAR MEETING. A. RECITALS. (i) Heretofore the City of Diamond Bar Assessment District No. 38 was created pursuant to Part 2 of Division 15 of the California Streets and Highways Code (§§ 22500, et. seq.). (ii) The City Engineer has prepared, filed with the City Clerk and presented to this Council a report relating to said assessment district pursuant to the provisions of the California Streets and Highways Code § 22623. (iii) All legal prerequisites to the adoption of this Resolution have occurred. B. RESOLUTION. NOW, THEREFORE, THE City Council of the City of Diamond Bar does hereby find, determine and resolve as follows: 1. The Recitals, as set forth in Part A of this Resolution, are in all respects true and correct. 2. The above-described report submitted by the City Engineer relating to City of Diamond Bar Assessment District No. 38 is hereby approved as filed. 3. This Council hereby declares its intention to levy and collect assessments during fiscal year 2014-15 pursuant to Part 2 of Division 15 of the Streets and Highways Code of the State of California, known as the "Landscaping and Lighting Act of 1972," within that area designated "City of Diamond Bar Assessment District No. 38," as shown on Exhibit "A-1" attached hereto and incorporated herein by reference. 1 4. A general description of the improvements proposed for the aforementioned district is as follows: The installation, maintenance and servicing of landscaping and any facilities which are appurtenant thereto or which are necessary or convenient for the maintenance and servicing thereof, including but not limited to, repair, removal or replacement, grading, clearing, removal of debris, pruning, fertilization, pest control and weed control, and the installation or construction of appurtenant facilities, including curbs, gutters, walls, sidewalks or paving, or water, irrigation, drainage, or electrical facilities. Said installation, maintenance and servicing of the landscaping and installation, maintenance and servicing of related work shall be within the area of Assessment District No. 38 as shown on Exhibit "A-1." The location and type of improvement is shown on Exhibit "B-1," as attached hereto and incorporated herein by reference. 5. Reference is hereby made to the report of the City Engineer relating to the said assessment district hereinabove approved. Said report is on file with the City Clerk of the City of Diamond Bar and contains a full and detailed description of the improvements, the boundaries of the assessment district and contains the proposed assessments upon assessable lots and parcels of land within City of Diamond Bar Assessment District No. 38 for fiscal year 2014-15. Said proposed assessment per lot is the amount of $15.00, the same amount which was levied in fiscal year 2013-14. 6. This Council hereby fixes 6:45 p.m. on June 17, 2014 in the Auditorium located at the AQMDIGovernment Center, 21865 Copley Drive, Diamond Bar, California, as the time and place for a hearing before this Council on this question of the levy of the proposed assessments on assessable lots with City of Diamond Bar Assessment District No. 38 for fiscal year 2014-15 and hereby gives notice of said hearing. K 7. The City Council hereby determines and declares that the proposed assessments constitute a continuation of assessments existing on the effective date of Article X111D of the California Constitution, that the assessments are imposed exclusively to finance the capital costs and maintenance and operation expenses for streets and sidewalks and that the assessments are exempt from the requirements of Article XIIID, Section 4 of the California Constitution. S. The City Clerk shall.- (a) hall: (a) Certify to the adoption of this Resolution; and (b) Cause a true and correct copy of this Resolution to be published pursuant to California Government Code § 6061. PASSED, ADOPTED AND APPROVED this 3 I day of June, 2014. Carol Herrera Mayor I, TOMMYE CRIBBINS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at the regular meeting of the City Council of the City of Diamond Bar held on the 3`d day of June, 2014, by the following Roll Call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: Tommy Cribbins, City Clerk City of Diamond Bar 3 ENGINEER'S REPORT Update of ASSESSMENT DISTRICT NO. 38 Fiscal Year 2014-15 CITY OF DIAMOND BAR Preliminary: June 3, 2014 Prepared by: GFB-FRIEDRICH & ASSOC., INC. 5225 Canyon Crest Drive, STE 71 PMB 315 Riverside, CA 92507 (951) 781-0811 TABLE OF CONTENTS Page INTRODUCTION 1 BOUNDARIES OF DISTRICT 2 IMPROVEMENTS 3 Landscaping FINANCIAL ANALYSIS 4 Revenue Appropriations METHOD OF APPORTIONMENT 6 ASSESSMENT 7 ASSESSMENT ROLL 8 EXHIBITS Exhibit "A- I " - Assessment Diagram Exhibit "B-1" - Improvement Map INTRODUCTION Pursuant to the order of the City Council of the City of Diamond Bar, this report is prepared in compliance with the requirements of Article 4, Chapter 1, Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of the State of California. This report presents the engineering analysis for the 2014-15 Fiscal Year for the district known as: ASSESSMENT DISTRICT NO. 38 CITY OF DIAMOND BAR (Hereinafter referred to as "District"). This District, by special benefit assessments, provides funding for the maintenance of landscaped areas owned by the City of Diamond Bar which are located in public rights-of-way within the City of Diamond Bar. Section 22573, Landscaping and Lighting Act of 1972, requires assessments to be levied according to benefit rather than according to assessed value. The section states: "The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated special benefits to be received by each such lot or parcel from the improvements. The determination of whether or not a lot or parcel will benefit from the improvements shall be made pursuant to the Improvement Act of 1911 (Division 7 (commencing with Section 5000)) [of the Streets and Highways Code, State of California]." As the assessments are levied on the basis of benefit, they are considered a user's fee, not a tax, and, therefore, are not governed by Article XIIIA of the California Constitution. Properties owned by public agencies, such as a city, county, state or the federal government, are not assessable under pre -Prop 218 law. Assessment District No. 38 Engineer's Report — FY 2094-15 BOUNDARIES OF DISTRICT The boundary of the District is completely within the City limits of the City of Diamond Bar and is shown on the Assessment Diagram (on file in the office of the City Clerk at the City Hall of Diamond Bar as Exhibit "A-1 "). All parcels of real property included within the District are described in detail on maps on file in the Los Angeles County Assessor's office. Assessment District No. 38 2 Engineer's Report — FY 2014-15 IMPROVEMENTS The facilities and items of servicing and maintenance included within the District are as follows: Landscaping Servicing means the furnishing of water for the irrigation of any landscaping, the operation of any fountains, or the maintenance of any other improvements. Maintenance means the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of any improvement, including. 1. Repair, removal or replacement of all or any part of any landscape improvement. 2. Providing for the life, growth, health and beauty of landscaping, including without limitation, cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury. 3. The removal of trimmings, rubbish, debris and other solid waste. Improvements to be serviced and maintained include, but are not limited to, median island and parkway landscaping on major streets and thoroughfares in the City of Diamond Bar. Exhibit "13-1," attached hereto, shows the location and extent of the landscaping improvements to be maintained by the proceeds from this assessment district. Assessment District No. 38 3 Engineer's Report — FY 2014-15 FINANCIAL ANALYSIS The estimated funding for maintenance and servicing of landscaping for the update of Assessment District No. 38 for the 2014-15 Fiscal Year is as follows: Revenue: Appropriation Fund Balance (from FY 2013-14) Property Tax - Special Assessments Interest Revenue Transfer in - General Fund TOTAL Appropriations: Personnel Services Salaries City Paid Benefits Retirement District is being Worker's Compensation Expense subsidized by Short/Long Term Disability General Fund Medicare Expense Staffing Cafeteria Benefits Operating Expenses Advertising Utilities Maintenance of Grounds/Buildings Professional Services Contract Services Capital Improvements Reserve for Future Capital Improvements TOTAL Assessment District No. 38 4 Engineer's Report — FY 2014-15 2014-15 Recommended Budget $ 0 268,305 0 98,932 $ 367,237 0 0 0 0 0 0 0 5,000 150,325 16,200 4,100 191,612 0 0 $ 367,237 Plans and Specifications Plans and specifications showing the general nature, location and extent of the proposed improvements are on file in the office of the City Clerk and available for public inspection. Assessment District No. 38 5 Engineer's Report— FY 2014-15 METHOD OF APPORTIONMENT The net amount to be assessed upon lands within the District in accordance with this report is apportioned by a formula and method which fairly distributes the amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each lot or parcel from the improvements, namely the maintenance and servicing of public landscaping improvements within such District. The maintenance and servicing of public landscaping improvements installed and constructed in public places in the City of Diamond Bar provides a special benefit which is received by each and every lot or parcel within the District, tending to enhance their value. The primary benefits of landscaping are as set forth below: 1. Beautification of the streets which are used by all of the residents in Diamond Bar. 2. A sense of community pride resulting from well-maintained green spaces. 3. The enhancement of the value of property which results from the foregoing benefits. Existing land use information indicates that well over 90 percent of the parcels within the City of Diamond Bar are residences. Because the special benefits derived apply equally to all residents and parcels, it has been determined that all assessable parcels would receive the same net assessment. Assessment District No. 38 6 Engineer's Report — FY 2014-15 ASSESSMENT The amount to be assessed upon the lots and parcels within the District and the amount apportioned to each assessable parcel within the District is shown in the table below. Estimated Assessment Requirements: $268,305 Estimated Number of Parcels: 17,887 Estimated Assessment Per Parcel: $ 15.00 2014-15 Assessment Per Parcel: $ 15.00 2013-14 Assessment Per Parcel: $ 15.00 Difference: $ 0.00 Assessment District No. 38 7 Engineer's Report — FY 2014-15 ASSESSMENT ROLL The individual 2014-15 assessments, tabulated by Assessor's parcel number, are shown on an Assessment Roll on file in the Office of the City Clerk of the City of Diamond Bar as Exhibit "C" and are made a part of this report by reference. (The Assessment Roll is not included in this report due to its volume.) Dated: , 2014 Assessment District No. 38 8 Engineer's Report — FY 2014-15 GFB-FRIEDRICH & ASSOC., INC. N A. fRfVDRIM UVUTRT'TC Assessment District No, 38 Engineer's Report — FY 2014-15 SHEET 1 OF 1 SHEET f AF 3 a J1fB� air r?_�s,���e"- _ aiGll �'' JAW j{ f EXHIBIT "A-3 ASSESSMENT DIAGRAM �u49t y l ASSESSMENT DISTRICT N0. 38 YEAR 2014-2015 FISCAL FOR THE N - CITY OF DIAMOND BAR MY WIY4 •m�M wY Mll[ WMR(A IlI I,xp LMilw IaR tell lR OrnxLv� wYw xwa' -. ��� �Y��x�ln�4 �.E6 Y4. p1runxo�as xlv WB - Ar X8801: @IC@�C• L Yi �M�P wwmouw vx mt�ow.r SHEET 1 OF 1 SHEET J.®!A — - - — aarwnrt mRwr Aau�nnr ....... Imnu AREAS TO BE XAWAiNM .tol.lp 0. p�iOO rR �Lpw �� I.IWIp wAg 0.!S IAl1 EXHIBIT 13-1" ASSESSMENT DISTRICT NO. FISCAL YEAR 2014-2015 AB11MMAL ARUS TO BE YAJNTA1NEf7 gypp Hsi u�[ ��u M. iQ IYu�ie eroaaWll R. IEH011 NG � 11'M►R !�. N �O TAY. CMY.Ia L I1111F AIfi1E ,;,L"l C r P0.101G OM RP0. K 0010 RIAs OR I 2C IU . XII MR fA1R6.i 1. GII Mf OY WIGIe X11 FOR THE CITY OF DIAMOND BAR AlBtltBfCBf(:. npjw4= Agenda 4 6 -, 9 ( b ) Meeting Date June 3, 2014 CITY COUNCIL AGENDA REPORT �YoxenR�� l�g`S TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Ma a r TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR TO DECLARE THE CITY'S INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR LANDSCAPE DISTRICT NO. 39 AND DIRECT THE CITY CLERK TO ADVERTISE THE PUBLIC HEARING TO BE SET FOR THE JUNE 17, 2014 REGULAR MEETING. RECOMMENDATION: Approve. FINANCIAL SUMMARY: As shown on the attached Engineer's Report, the $162,630 of assessment generated by this District and $116,607 of General Fund are proposed to pay for the operation and maintenance costs budgeted in special fund No. 139. BACKG ROUNDIDISC USSION: The attached Engineer's Report for the City's Landscaping Assessment District Number 39, which is prepared pursuant to provisions of the Landscaping and Lighting Act of 1972 of Part 2 of Division 15 of the Streets and Highways Code of the State of California, includes authority for the report, estimated costs of operation and maintenance, a diagram for the District and the assessments. The estimated number of parcels within the District is 1,251 parcels. The amount assessed upon the lands within District Number 39 for Fiscal Year 2013-2014 was $130.00 per parcel. The amount to be assessed for Fiscal Year 2014-2015 is to remain at $130.00 per parcel. The assessments will be utilized towards the general maintenance of slopes, open space areas and the five (5) mini parks within District 39. The proposed assessment has been determined to be exempt from the provisions of Proposition 218 as set forth in section 5 (b): Any assessment imposed pursuant to a petition signed by the persons owning all of the parcels subject to the assessment at the time the assessment is initially imposed. Prepared By:: David G. Ciu Director of Public Works Attachments: Resolution No. 2014 -XX Engineer's Report, dated June 3, 2014 K RESOLUTION NO. 2014 -XX RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR TO DECLARE THE CITY'S INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR LANDSCAPE DISTRICT NO. 39 AND DIRECT THE CITY CLERK TO ADVERTISE THE PUBLIC HEARING BEFORE THE COUNCIL AT THE JUNE 17, 2014 REGULAR MEETING. A. RECITALS. (i) Heretofore the City of Diamond Bar Assessment District No. 39 was created pursuant to Part 2 of Division 15 of the California Streets and Highways Code (§§ 22500, et. seq.). (ii) The City Engineer has prepared, filed with the City Clerk and presented to this Council a report relating to said assessment district pursuant to the provisions of the California Streets and Highways Code § 22623. (iii) No substantial changes in existing improvements are proposed for said Assessment District No. 39. (iv) All legal prerequisites to the adoption of this Resolution have occurred. B. RESOLUTION. NOW, THEREFORE, THE City Council of the City of Diamond Bar does hereby find, determine and resolve as follows - 1 . ollows:1. The Recitals, as set forth in Part A of this Resolution, are in all respects true and correct. 2. The above-described report submitted by the City Engineer relating to City of Diamond Bar Assessment District No. 39 is hereby approved as filed. 3. This Council hereby declares its intention to levy and collect assessments during fiscal year 2014-15 pursuant to Part 2 of Division 15 of the Streets and Highways Code of the State of California, known as the "Landscaping and Lighting Act of 1972," within that area designated "City of Diamond Bar Assessment District No. 39," as shown on Exhibit "A-2" attached hereto and incorporated herein by reference. 1 4, A general description of the improvements proposed for the aforementioned district is as follows: The maintenance and servicing of landscaping and any facilities which are appurtenant thereto or which are necessary or convenient for the maintenance and servicing thereof, including but not limited to, repair, removal or replacement, grading, clearing, removal of debris, pruning, fertilization, pest control and weed control, and the installation or construction of appurtenant facilities, including curbs, gutters, walls, sidewalks or paving, or water, irrigation, drainage, or electrical facilities. Said maintenance and servicing of the landscaping and installation, maintenance and servicing of related work shall be within the area of Assessment District No. 39 as shown on Exhibit "A-2." The location and type of improvement is shown on Exhibit "B-2," as attached hereto and incorporated herein by reference." 5. Reference is hereby made to the report of the City Engineer relating to the said assessment district hereinabove approved. Said report is on file with the City Clerk of the City of Diamond Bar and contains a full and detailed description of the improvements, the boundaries of the assessment district and contains the proposed assessments upon assessable lots and parcels of land within City of Diamond Bar Assessment District No. 39 for fiscal year 2014-2015. Said proposed assessment per lot is the amount of $130.00, the same amount which was levied in fiscal year 2013-14. 6. This Council hereby fixes 6:45 p.m. on June 17, 2014 in the Auditorium located at the AQMD/Government Center, 21865 Copley Drive, Diamond Bar, California, as the time and place for a hearing before this Council on this question of the levy of the proposed assessments on assessable lots with City of Diamond Bar Assessment District No. 39 for fiscal year 2014-15 and hereby gives notice of said hearing. OrA 7. The City Council hereby determines and declares that the proposed assessments constitute a continuation of assessments existing on the effective date of Article XIIID of the California Constitution, that the assessments are imposed pursuant to a petition signed by the persons owning all of the parcels subject to the assessment at the time the assessment was initially imposed and that the assessments are exempt from the requirements of Article XIIID, Section 4 of the California Constitution. 8. The City Clerk shall: (a) Certify to the adoption of this Resolution; and (b) Cause a true and correct copy of this Resolution to be published pursuant to California Government Code § 6061. PASSED, ADOPTED AND APPROVED this 3rd day of June, 2014. Carol Herrera Mayor 1, TOMMYE CRIBBINS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at the regular meeting of the City Council of the City of Diamond Bar held on 3rd day of June, 2014, by the following Roll Call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: Tommye Cribbins, City Clerk City of Diamond Bar 3 ENGINEER'S REPORT Update of ASSESSMENT DISTRICT NO. 39 Fiscal Year 2014-15 CITY OF DIAMOND BAR Final: June 3, 2014 Prepared by: GFB-FRIEDRICH & ASSOC., INC. 5225 Canyon Crest Drive, STE 71 PMB 315 Riverside, CA 92507 (951) 781-0811 TABLE OF CONTENTS INTRODUCTION BOUNDARIES OF DISTRICT IMPROVEMENTS Landscaping FINANCIAL ANALYSIS Revenue Appropriations METHOD OF APPORTIONMENT ASSESSMENT ASSESSMENT ROLL EXHIBITS Exhibit "A-2" - Assessment Diagram Exhibit "B-2" - Improvement Map Page Z 2 3 4 5 7 S INTRODUCTION Pursuant to the order of the City Council of the City of Diamond Bar, this report is prepared in compliance with the requirements of Article 4, Chapter 1, Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of the State of California. This report presents the engineering analysis for the 2014-15 Fiscal Year for the district known as: ASSESSMENT DISTRICT NO. 39 CITY OF DIAMOND BAR (Hereinafter referred to as "District"). This District, by special benefit assessments, provides funding for the maintenance of landscaped areas owned by the City of Diamond Bar which are located in public rights -of --way within the City of Diamond Bar. Section 22573, Landscaping and Lighting Act of 1972, requires assessments to be levied according to benefit rather than according to assessed value. The section states: "The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated special benefits to be received by each such lot or parcel from the improvements. The determination of whether or not a lot or parcel will benefit from the improvements shall be made pursuant to the Improvement Act of 1911 (Division 7 (commencing with Section 5000)) [of the Streets and Highways Code, State of California] . " As the assessments are levied on the basis of benefit, they are considered a user's fee, not a tax, and, therefore, are not governed by Article XIIIA of the California Constitution. Properties owned by public agencies, such as a city, county, state or the federal government, are not assessable under pre -Prop 218 law. Assessment District No. 39 Engineer's Report — FY 2014-15 BOUNDARIES OF DISTRICT The boundary of the District is shown on the Assessment Diagram (on file in the office of the City Clerk at the City Hall of Diamond Bar as Exhibit "A-2"). All parcels of real property included within the District are described in detail on maps on file in the Los Angeles County Assessor's office. Assessment District No. 39 2 Engineer's Report — FY 2014-15 IMPROVEMENTS The facilities and items of servicing and maintenance included within the District are as follows: Landscaping Servicing means the furnishing of water for the irrigation of any landscaping, the operation of any fountains, or the maintenance of any other improvements. Maintenance means the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of any improvement, including: Repair, removal or replacement of all or any part of any landscape improvement. 2. Providing for the life, growth, health and beauty of landscaping, including without limitation, cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury. 3. The removal of trimmings, rubbish, debris and other solid waste. The purpose of Assessment District No. 39 is for the maintenance and servicing of mini -parks, slopes and open spaces within the District. Exhibit "B-2," attached hereto, shows the location and extent of the landscaping improvements to be maintained by the proceeds from this assessment district. Assessment District No. 39 Engineer's Report — FY 2014-15 FINANCIAL ANALYSIS The estimated funding for maintenance and servicing of landscaping for the update of Assessment District No. 39 for the 2014-15 Fiscal Year is as follows: 2014-15 Recommended Budget Revenue: Appropriation Fund Balance (from FY 2013-14) $ 0 Property Tax and Assessments 162,630 Interest Revenue 0 Transfer In - General Fund 116,607 TOTAL $ 279,237 Appropriations: Personal Services Salaries City Paid Benefits Retirement District is being Worker's Compensation Expense subsidized by Short/Long Term Disability General Fund Medicare Expense Staffing Cafeteria Benefits Operating Expenses Advertising Utilities Maintenance -Grounds & Bldg. Professional Services Contract Services Contract Services (Excel Landscape Maint.) Tree Maintenance Weed/Pest Abatement (L.A. County Ag) Capital Improvements Miscellaneous Equipment Fund Balance Reserves for Future Capital Improvements rzw.." Assessment District No. 39 4 Engineer's Report — FY 2014-15 Ell 0 0 0 0 0 0 0 5,000 89,000 19,250 4,500 139,332 5,155 17,000 0 0 $ 279,237 Plans and Specifications Plans and specifications showing the general nature, location and extent of any proposed improvements are on file in the office of the City Clerk and available for public inspection. Assessment District No. 39 5 Engineer's Report — FY 2014-15 METHOD OF APPORTIONMENT The net amount to be assessed upon lands within the District in accordance with this report is apportioned by a formula and method which fairly distributes the amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each lot or parcel from the improvements, namely the maintenance and servicing of public landscaping improvements within such District. The maintenance and servicing of public landscaping improvements installed and constructed in public places in the City of Diamond Bar provides a special benefit which is received by each and every lot or parcel within the District, tending to enhance their value. The primary benefits of landscaping are as set forth below: 1. Beautification of the streets which are used by all of the residents in Diamond Bar. 2. Public parks which can be utilized and enjoyed by all residents within the District. A sense of community pride resulting from well-maintained green spaces. 4. The enhancement of the value of property which results from the foregoing benefits. Existing land use information indicates that all of the parcels within the District are residences. Because the special benefits derived apply equally to all residents and parcels, it has been determined that all assessable parcels would receive the same net assessment. Assessment District No. 39 6 Engineer's Report — FY 2414-15 ASSESSMENT The amount to be assessed upon the lots and parcels within the District and the amount apportioned to each assessable parcel within the District is shown in the table below. Estimated Assessment Requirements: $162,630 Estimated Number of Parcels: 1,251 Estimated Assessment Per Parcel: $ 130.00 2014-15 Assessment Per Parcel: $ 130.00 2013-14 Assessment Per Parcel: $ 130.00 Difference: $ 0.00 Assessment District No. 39 Engineer's Report — EY 2014-15 ASSESSMENT ROLL The individual 2014-15 assessments, tabulated by Assessor's parcel number, are shown on an Assessment Roll on file in the Office of the City Clerk of the City of Diamond Bar as Exhibit "C" and are made a part of this report by reference. (The Assessment Roll is not included in this report due to its volume.) Dated: 22, 2014 Assessment District No. 39 S Engineer's Report — EY 2014-15 GFB-FRIEDRICH & ASSOC., INC. s d' EXHIBITS Assessment District No. 39 Engineer's Report — FY 2014-15 EXHIBIT "A-2" SHEET 1 OF 1 SHEET ..ASSESSMENT DIAGRAM ASSESSMENT DISTRICT NO. 39 FISCAL YEAR 2014-2015 FOR THE CITY OF DIAMOND BAR rilLlLl ;./I / Ji / r . kx rn comm mmmR. ¢e eos x[mo� sw w una mm NT - PR OF OI1Y010 &A M Ilt ,nYffFR PON Flol 1vf � � ■11W i1Y Qn T 6 � M➢ c�MS PIIRFL MR@Fll 15 AS9:ILD BY 11E GOfiffT OP IIIS III�f9 r� JSfflmkS �FTL ��� �%�� 11E EILX N�1 aON�G FO2 Oa)1 l.Of LR YYl6}L !f 1NiY mnvl 1}g OGl+sl' �� 6�—Y���$ �RA1W�lIE� PI4ifl. WP3 ql A£ p 11E ORIS OF 111E l05 _ QC �$Q(. jjjL'. AGR » CnlLYL1N6 C14R QM�STd dN1aM q0I fA A[ it i1B ]13 t b1Y �,R Nsel magi 1,Y GMyd�eeY��N 9i1� WP RlME91' W 11E OR {F 011YO!® B1R IwC ®6 OYG ur v, mic IDc 1Ai w1 EXHIBIT "B-2" SHEET 1 OF 1 SHEET ASSESSMENT DIAGRAM ASSESSMENT DISTRICT NO. 39 FISCAL YEAR 2014-2015 FOR THE CITY OF DIAMOND BAR V, � LILT 4 T y tp �UrY/� I-9 j lel ?/ '•, 1 \ or � 7 Mi LT -T VY" \A, OF 1 r N GRAPALC SCALE GFS—FRI6DBLCH � ASSOC., QiC_ j m�rimc rnv f_-.ero tR (ary mas� O1sa-fareower a� wee muinvf ov nc m oK >wnn.+ ew "" �auwdt ww>�.sm ma sr a, m. m is w CITY COUNCIL Agenda # 6. 9 ( c ) Meeting Date: June 3, 2014 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Mank?A, --e TITLE: RESOLUTION OF THE CITY 1COUNCIL OF THE CITY OF DIAMOND BAR TO DECLARE THE CITY'S INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR LANDSCAPE DISTRICT NO, 41 AND DIRECT THE CITY CLERK TO ADVERTISE THE PUBLIC HEARING TO BE SET FOR THE JUNE 17, 2014 REGULAR MEETING. RECOMMENDATION: Approve. FINANCIAL SUMMARY: As shown on the attached Engineer's Report, $122,157 of assessment generated by this District, $10,000 of Prop A Funds and $84,380 of General Funds are proposed to pay for the operation and maintenance costs budgeted in special fund No. 141. BACKGROUND/DISCUSSION: The attached Engineer's Report for the City's Landscaping Assessment District Number 41, which is prepared pursuant to provisions of the Landscaping and Lighting Act of 1972 of Part 2 of Division 15 of the Streets and Highways Code of the State of California, includes authority for the report, estimated costs of improvements, a diagram for the District and the assessments. The estimated number of parcels within the District is 554 parcels. The amount assessed upon the lands within District Number 41 for Fiscal Year 2013-2014 was $220.50 per parcel. The amount to be assessed for Fiscal Year 2014-2015 is to remain at $220.50 per parcel. The assessments will be utilized towards the general maintenance of mini parks, slopes, and open space areas within District 41. The proposed assessment has been determined to be exempt from the provisions of Proposition 218 as set forth in section 5 (b): Any assessment imposed pursuant to a petition signed by the persons owning all of the parcels subject to the assessment at the time the assessment is initially imposed. Prepared By., Da G, Liu Director of Public Works Attachments: Resolution No. 2014 -XX Engineer's Report, dated June 3, 2014 2 RESOLUTION NO. 2014 -XX RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR TO DECLARE THE CITY'S INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR LANDSCAPE DISTRICT NO. 41 AND DIRECT THE CITY CLERK TO ADVERTISE THE PUBLIC HEARING BEFORE THE COUNCIL AT THE JUNE 17, 2014 REGULAR MEETING. A. RECITALS. (i) Heretofore the City of Diamond Bar Assessment District No. 41 was created pursuant to Part 2 of Division 15 of the California Streets and Highways Code (§§ 22500, et. seq.). (ii) The City Engineer has prepared, filed with the City Clerk and presented to this Council a report relating to said assessment district pursuant to the provisions of the California Streets and Highways Code § 22623. (iii) No substantial changes in existing improvements are proposed for said Assessment District No. 41. (iv) All legal prerequisites to the adoption of this Resolution have occurred. B. RESOLUTION. NOW, THEREFORE, THE City Council of the City of Diamond Bar does hereby find, determine and resolve as follows: 1. The Recitals as set forth in Part A of this Resolution, are in all respects true and correct. 2. The above-described report submitted by the City Engineer relating to City of Diamond Bar Assessment District No. 41 is hereby approved as filed. 3. This Council hereby declares its intention to levy and collect assessments during fiscal year 2014-15 pursuant to Part 2 of Division 15 of the Streets and Highways Code of the State of California, known as the "Landscaping and Lighting Act of 1972," within that area designated "City of Diamond Bar Assessment District No. 41," as shown on Exhibit "A-3" attached hereto and incorporated herein by reference. 1 4. A general description of the improvements proposed for the aforementioned district is as follows: The maintenance and servicing of landscaping and any facilities which are appurtenant thereto or which are necessary or convenient for the maintenance and servicing thereof, including but not limited to, repair, removal or replacement, grading, clearing, removal of debris, pruning, fertilization, pest control and weed control, and the installation or construction of appurtenant facilities, including curbs, gutters, walls, sidewalks or paving, or water, irrigation, drainage, or electrical facilities. Said maintenance and servicing of the landscaping and installation, maintenance and servicing of related work shall be within the area of Assessment District No. 41 as shown on Exhibit "A-3." The location and type of improvement is shown on Exhibit "B-3," as attached hereto and incorporated herein by reference." 5. Reference is hereby made to the report of the City Engineer relating to the said assessment district hereinabove approved. Said report is on file with the City Clerk of the City of Diamond Bar and contains a full and detailed description of the improvements, the boundaries of the assessment district and contains the proposed assessments upon assessable lots and parcels of land within City of Diamond Bar Assessment District No. 41 for fiscal year 2014-15. Said proposed assessment per lot is the amount of $220.50, the same amount which was levied in fiscal year 2013-14. 6. This Council hereby fixes 6:45 p.m. on June 17, 2014 in the Auditorium located at the AQMDIGovernment Center, 21865 Copley Drive, Diamond Bar, California, as the time and place for a hearing before this Council on this question of the levy of the proposed assessments on assessable lots with City of Diamond Bar Assessment District No. 41 for fiscal year 201415 and hereby gives notice of said hearing. 2 7. The City Council hereby determines and declares that the proposed assessments constitute a continuation of assessments existing on the effective date of Article XIIID of the California Constitution, that the assessments are imposed pursuant to a petition signed by the persons owning all of the parcels subject to the assessment at the time the assessment was initially imposed and that the assessments are exempt from the requirements of Article XIIID, Section 4 of the California Constitution. 8. The City Clerk shall: (a) Certify to the adoption of this Resolution; and (b) Cause a true and correct copy of this Resolution to be published pursuant to California Government Code § 6061. PASSED, ADOPTED AND APPROVED this 3rd day of June, 2014. Carol Herrera Mayor I, TOMMYE CRIBBINS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at the regular meeting of the City Council of the City of Diamond Bar held on the 3rd day of June, 2014, by the following Roll Call vote AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: Tommy Cribbins, City Clerk City of Diamond Bar 3 ENGINEER'S REPORT Update of ASSESSMENT DISTRICT NO. 41 Fiscal Year 2014.15 CITY OF DIAMOND BAR Final: June 3, 2014 Prepared by: GFB-FRIEDRICH & ASSOC., INC. 5225 Canyon Crest Drive, STE 71 PMB 315 Riverside, CA 92507 TABLE OF CONTENTS INTRODUCTION BOUNDARIES OF DISTRICT IMPROVEMENTS Landscaping FINANCIAL ANALYSIS Revenue Appropriations METHOD OF APPORTIONMENT ASSESSMENT ASSESSMENT ROLL EXHIBITS Exhibit "A-3" - Assessment Diagram Exhibit "B-3" - Improvement Map Page 1 2 3 4 0 7 INTRODUCTION Pursuant to the order of the City Council of the City of Diamond Bar, this report is prepared in compliance with the requirements of Article 4, Chapter 1, Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of the State of California. This report presents the engineering analysis for the 2014-15 Fiscal Year for the district known as: ASSESSMENT DISTRICT NO. 41 CITY OF DIAMOND BAR (Hereinafter referred to as "District"). This District, by special benefit assessments, provides funding for the maintenance of landscaped areas owned by the City of Diamond Bar which are located in public rights-of-way within the City of Diamond Bar, Section 22573, Landscaping and Lighting Act of 1972, requires assessments to be levied according to benefit rather than according to assessed value. The section states: "The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated special benefits to be received by each such lot or parcel from the improvements. The determination of whether or not a lot or parcel will benefit from the improvements shall be made pursuant to the Improvement Act of 1911 (Division 7 (commencing with Section 5000)) [of the Streets and Highways Code, State of California]." As the assessments are levied on the basis of benefit, they are considered a user's fee, not a tax, and, therefore, are not governed by Article XIIIA of the California Constitution. Properties owned by public agencies, such as a city, county, state or the federal government, are not assessable under pre -Prop 218 law. Assessment District No. 41 Engineer's Report — FY 2014-15 BOUNDARIES OF DISTRICT The boundary of the District is shown on the Assessment Diagram (on file in the office of the City Clerk at the City Hall of Diamond Bar as Exhibit "A -Y). All parcels of real property included within the District are described in detail on maps on file in the Los Angeles County Assessor's office. Assessment District No. 41 2 Engineer's Report — FY 2014-15 IMPROVEMENTS The facilities and items of servicing and maintenance included within the District are as follows: Landscaping Servicing means the furnishing of water for the irrigation of any landscaping, the operation of any fountains, or the maintenance of any other improvements. Maintenance means the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of any improvement, including: Repair, removal or replacement of all or any part of any landscape improvement. 2. Providing for the life, growth, health and beauty of landscaping, including without limitation, cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury. 3. The removal of trimmings, rubbish, debris and other solid waste. The purpose of Assessment District No. 41 is for the maintenance and servicing of mini -parks, slopes and open spaces within the District. Exhibit "B-3," attached hereto, shows the location and extent of the landscaping improvements to be maintained by the proceeds from this assessment district. Assessment District No. 41 3 Engineer's Report — FY 2014-15 FINANCIAL ANALYSIS The estimated funding for maintenance and servicing of landscaping for the update of Assessment District No. 41 for the 2014-15 Fiscal Year is as follows: Revenue: Appropriation Fund Balance (from FY 2013-14) Property Tax and Assessments Interest Revenue Transfer In -- General Fund Transfer In -- Prop A TOTAL Appropriations: Personal Services Salaries City Paid Benefits Retirement District is being Worker's Compensation Expense subsidized by Short/Long Term Disability General Fund Medicare Expense Staffing Cafeteria Benefits Operating Expenses Advertising Utilities Maintenance of Grounds 1 Buildings Professional Services Contract Services Contract Services (Excel Landscape Maintenance) Tree Maintenance CS-Weed/Pest Abatement Capital Outlays Miscellaneous Equipment Capital Improvements ** Fund Balance Reserves Reserve - Future Capital Improvements TOTAL ** No Capital Improvements this Fiscal Year. Assessment District No. 41 4 Engineer's Report — FY 2014-15 2014-15 Recommended Budget $ 0 122,157 0 84,380 17,000 $ 223,537 0 0 0 0 0 0 0 5,000 55,750 17,000 4,500 49,730 47,357 44,200 0 0 0 $ 223,537 Plans and Specifications Plans and specifications showing the general nature, location and extent of the proposed improvements are on file in the office of the City Clerk and available for public inspection. Assessment District No. 41 5 Engineer's Report — EY 2014-15 METHOD OF APPORTIONMENT The net amount to be assessed upon lands within the District in accordance with this report is apportioned by a formula and method which fairly distributes the amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each lot or parcel from the improvements, namely the maintenance and servicing of public landscaping improvements within such District. The maintenance and servicing of public landscaping improvements installed and constructed in public places in the City of Diamond Bar provides a special benefit which is received by each and every lot or parcel within the District, tending to enhance their value. The primary benefits of landscaping are as set forth below: 1. Beautification of the streets which are used by all of the residents in Diamond Bar. 2. Public parks which can be utilized and enjoyed by all residents within the District. A sense of community pride resulting from well-maintained green spaces. 4. The enhancement of the value of property which results from the foregoing benefits. Existing land use information indicates that all of the parcels within the District are residences. Because the special benefits derived apply equally to all residents and parcels, it has been determined that all assessable parcels would receive the same net assessment. Assessment District No. 41 b Engineer's Report — FY 2014-15 ASSESSMENT The amount to be assessed upon the lots and parcels within the District and the amount apportioned to each assessable parcel within the District is shown in the table below. Estimated Assessment Requirements:. $122,157 Estimated Number of Parcels: 554 Estimated Assessment Per Parcel: $ 220.50 2014-15 Assessment Per Parcel: $ 220.50 2013-14 Assessment Per Parcel: $ 220.50 Difference: $ 0.00 Assessment District No. 41 7 Engineer's Report — FY 2014-15 ASSESSMENT ROLL The individual 201.4-15 assessments, tabulated by Assessor's parcel number, are shown on an Assessment Roll on file in the Office of the City Clerk of the City of Diamond Bar as Exhibit "C" and are made a part of this report by reference. (The Assessment Roll is not included in this report due to its volume.) Dated: �� , 2014 Assessment District No. 41 Engineer's Report — FY 2014-15 GFB-FRIEDRICH & ASSOC., INC. EXHIBITS Assessment District No. 41 Engineer's Report — FY 2014-15 EXHIBIT "A-3" SHEET 1 OF 1 SHEET ASSESSMENT DIAGRAM ASSESSMENT DISTRICT NO. 41 FISCAL YEAR 2014-2015 FOR THE CITY OF DIAMOND BAR 1 UL FT " �Tl7^�� •,a i�T'� 11ifq� y /\ i r;::�v J r \ �} Am q 11E ORIS lIF ilE GSY Q9S(W 11E Lily R 0111YJI0 110. L9LN{Y a lOS MWIIfS. SHOE OF C�iFifiiRl 1H6_ OYG' W . 30__. Isis OR 4840 MS fim M IeC OFRM M 1lE OgSlh I u0=ft CPM W l .l$3f. SWE (i ows'N"k lfe5— W W_ ffi_ N m www G8APH4C SCALE S ORYE leE laES NO IYFfgellG PoW dGN l01 OR F/IlfSl at LpD S19W IIE OGIRCI GRA—PetgnHii:u �SgNM�ifE� fl41ltL eVPS OII fEP p liC OIFlGE � LIK A� � it �.. RiC_ L � -�mo� R art �Iw9L9�oE. °d mei "` ss MU hail. .r &� YW 0011i16Y � t!E CM1Y aF OleAl1G FW xm �mrermumm mrr>;� r>ma SHEET 1 OF 1 SHEET EXHIBIT "B-3" ASSESSMENT DISTRICT N0. 41 FISCAL YEAR 2014-2015 FOR THE CITY OF DIAMOND BAR Flu IF * i M lI cufff- ) L >\: L \� J R a scmz. n�G OIm! ma,t yR�YYE�ahLLrd Bf� WP In1AlERf OF TIE faM1 EF 4WaM m1, .mw .ere>e�r aewacWow v� rrr n. am. ,m Ia w1 CITY COUNCIL Agenda 4 6 . I0 Meeting Date: June .3, 2014 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Manr TITLE: Authorize City Manager to exec to contract with Go -Live Technology, Inc. for Professional Services, for an Amount Not to Exceed $75,000 for the Period of July 1, 2014 through June 30, 2015 Recommendation: Approve. Budget/Financial Impact: There are sufficient funds in the approved FYI 4-15 budget for these services. This purchase exceeds the City Manager's spending authority and requires Council authorization. Background/Discussion: City staff relies heavily on the use of the CityView application, in Neighborhood Improvement, Planning, Business License, Permitting and Inspections, and Engineering. Go Live Technology, provides general CityView support including software and fee updates to the City, and they have done so successfully since September of 2006. Go Live Technology, Inc. will provide Consultants to the City of Diamond Bar on an "as needed basis" for support of the CityView Application, and other SQL Databases. (Not -to -Exceed $75,000 in FY 201412015) Common services include semi-annual fee updates, staff training and support, vendor management, etc. Additional, Project deliverables for FY14115 are listed in Exhibit A of the Professional Services Agreement. Prepared by: Ken Desforges, Director lnformati Systems Budget/Financial Impact Reviewed by: Dianna Honeywell, Director Finance Attachments: Go Live Technology contract CONSULTING SERVICES AGREEMENT This Agreement is made and entered into this 1St day of July 2014, between the City of Diamond Bar, a Municipal Corporation (hereinafter referred to as "City") and Go Live Technology, Inc. (hereinafter referred to as "Consultant"). RECITALS A. City desires to utilize the services of Consultant as an independent contractor to provide consulting services to City as set forth in Exhibit "A". B. Consultant represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expertise of its principals and employees. NOW, THEREFORE, in consideration of performance by the parties of the covenants and conditions herein contained, the parties hereto agree as follows: 1. Consultant's Services A. Scope of Services. The nature and scope of the specific services to be performed by Consultant are as described in Exhibit "A", dated July 1, 2014. B. Level of Services/Time of Performance. The level of and time of the specific services to be performed by Consultant are as set forth in Exhibit "A" (Consultant's submitted proposal). 2. Term of Agreement. This contract shall take effect July 1, 2014 and shall continue until June 30, 2015 or completion of the project, unless earlier terminated pursuant to the provisions herein. 3. Compensation. City agrees to compensate Consultant for each service which Consultant performs to the satisfaction of City in compliance with the schedule set forth in Exhibit "B." Payment will be made only after submission of proper invoices in the form specified by City. Total payment to Consultant pursuant to this Agreement shall not exceed $75,000 in tots 1. 4. General Terms and Conditions. In the event of any inconsistency between the provisions of this Agreement and Consultant's proposal, the provisions of this Agreement shall control. 932420.1 1 5. Staff and Addresses. City: James DeStefano, City Manager Ken Desforges, Director Information Systems City of Diamond Bar 21825 Copley Drive Diamond Bar, CA 91765-4177 Consultant: Richard Chenette, President Matt Woods, Analyst Go Live Technology, Inc 26632 Via Cuervo Mission Viejo, CA 92691 The City has the right to written approval for any change or replacement of the above mentioned Consultant staff. 6. Status as Independent Consultant. A. Consultant is, and shall at all times remain, as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City. B. Consultant agrees to pay all required taxes in amounts paid to Consultant under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. In the event that City is audited by any Federal or State agency regarding the independent contractor status of Consultant and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between City and Consultant, then Consultant agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto. C. Consultant shall fully comply with the workers' compensation law regarding Consultant and employees of Consultant. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with applicable workers' compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this 932420.1 2 Agreement any amount due to City from Consultant as a result of Consultant failure to promptly pay to City any reimbursement or indemnification arising under this Section 6. D. Consultant shall, at Consultant's sole cost and expense fully secure and comply with all federal, state and local governmental permit or licensing requirements, including but not limited to the City of Diamond Bar, South Coast Air Quality Management District, and California Air Resources Board. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with the requirements in Section 6. Additionally, the City shall have the right to offset against the amount of any fees due to Consultant under this Agreement for any amount or penalty levied against the City for Consultant's failure to comply with Section 6. 7. Standard of Performance. Consultant shall perform all work at the standard of care and skill ordinarily exercised by members of the profession under similar conditions. 8. Indemnification. Consultant agrees to indemnify the City, its officers, agents, volunteers, employees, and attorneys against, and will hold and save them and each of them harmless from, and all actions, claims, damages to persons or property, penalties, obligations, or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision or other organization arising out of the acts, errors or omissions of Consultant, its agents, employees, subcontractors, or invitees, including each person or entity responsible for the provision of services hereunder, excluding liability caused by the negligent or wrongful acts or omissions of City. In the event there is more than one person or entity named in the Agreement as a Consultant, then all obligations, liabilities, covenants and conditions under this Section 8 shall be joint and several. 9. Insurance. A. Consultant shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company admitted to do business in California and approved by the City (1) a policy or policies of broad -form comprehensive general liability insurance with minimum limits of $1,000,000.00 combined single limit coverage against any injury, death, --loss or damage as a result of wrongful or negligent acts by Consultant, its officers, employees, agents, and independent contractors in performance of services under this Agreement; (2) property damage insurance, with minimum combined single limits 932420.1 3 coverage of $500,000.00; (3) automotive liability insurance, with minimum combined single limits coverage of $500,000.00; (4) professional liability insurance (errors and omissions) to cover or partially cover damages that may be the result of errors, omissions; or negligent acts of Consultant, in an amount of not less than $1,000,000 per occurrence and at least $1,000,000 aggregate; and (5) workers' compensation insurance with a minimum limit of $500,000.00 or the amount required by law, whichever is greater. City, its officers, employees, attorneys, and volunteers shall be named as additional insureds on the policy(ies) as to comprehensive general liability, property damage, and automotive liability. The policy(ies) as to comprehensive general liability; property damage, and automobile liability shall provide that they are primary, and that any insurance maintained by the City shall be excess insurance only. B, All insurance policies shall provide that the insurance coverage shall not be non -renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City thirty (30) days prior written notice thereof. Consultant agrees that it will not cancel, reduce or otherwise modify the insurance coverage. C. All policies of insurance shall cover the obligations of Consultant pursuant to the terms of this Agreement; shall be issued by an insurance company which is admitted to do business in the State of California or which is approved in writing by the City; and shall be placed with a current A.M. Best's rating of no less than A VII. D. Consultant shall submit to City (1) insurance certificates indicating compliance with the minimum workers' compensation insurance requirements above, and (2) insurance policy endorsements indicating compliance with all other minimum insurance requirements above, not less than one (1) day prior to beginning of performance under this Agreement. Endorsements shall be executed on City's appropriate standard forms entitled "Additional Insured Endorsement," or a substantially similar form which the City has agreed in writing to accept. 10. Confidentiality. Consultant, in the course of its duties, may have access to confidential data of City, private individuals, or employees of the City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement, are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this section shall survive the termination of this 932420.1 4 Agreement. Notwithstanding the foregoing, to the extent Consultant prepares reports of a proprietary nature specifically for and in connection with certain projects, the City shall not, except with Consultant's prior written consent, use the same for other unrelated projects. 11. Ownership of Materials. All materials provided by Consultant in the performance of this Agreement shall be and remain the property of City without restriction or limitation upon its use or dissemination by City. Consultant may, however, make and retain such copies of said documents and materials as Consultant may desire. 12. Conflict of Interest. A. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by Consultant under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement. B. Consultant covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of hardware or software to City as a result of the performance of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. 13. Termination. Either party may terminate this Agreement with or without cause upon fifteen (15) days' written notice to the other party. However, Consultant shall not terminate this Agreement during the provision of services on a particular project. The effective date of termination shall be upon the date specified in the notice of termination, or, in the event no date is specified, upon the fifteenth (15th) day following delivery of the notice. In the event of such termination, City agrees to pay Consultant for services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written notice of termination, Consultant shall discontinue performing services. 14. Personnel. Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Consultant or under its supervision, and all personnel engaged in the work shall be qualified to perform such services. 932420.1 5 Consultant reserves the right to determine the assignment of its own employees to the performance of Consultant's services under this Agreement, but City reserves the right to determine the assignment of its own employees to the performance of Consultant's services under this Agreement, but City reserves the right, for good cause, to require Consultant to exclude any employee from performing services on City's premises. Key personnel are listed in Section 5 of this Agreement and shall not change without prior written approval from the City. 15. Non -Discrimination and Equal Employment Opportunity. A. Consultant shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement, and will comply with all rules and regulations of City relating thereto. Such non-discrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. B. Consultant will, in all solicitations or advertisements for employees placed by or on behalf of Consultant state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. C. Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials. 16. Assignment. Consultant shall not assign or transfer any interest in this Agreement nor the performance of any of Consultant's obligations hereunder, without the prior written consent of City, and any attempt by Consultant to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect. 17. Compliance with Laws. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. 18. Non -Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this 932420,1 6 Agreement. In no event shall the making by City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 19. Attorney's Fees. In the event that either party to this Agreement shall commence any legal of equitable action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees and costs, including costs of expert witnesses and consultants. 20. Mediation. Any dispute or controversy arising under this Agreement, or in connection with any of the terms and conditions hereof, shall be referred by the parties hereto for mediation. A third party, neutral mediation service shall be selected, as agreed upon by the parties and the costs and expenses thereof shall be borne equally by the parties hereto. In the event the parties are unable to mutually agree upon the mediator to be selected hereunder, the City Council shall select such a neutral, third party mediation service and the City Council's decision shall be final. The parties agree to utilize their good faith efforts to resolve any such dispute or controversy so submitted to mediation. It is specifically understood and agreed by the parties hereto that referral of any such dispute or controversy, and mutual good faith efforts to resolve the same thereby, shall be conditions precedent to the institution of any action or proceeding, whether at law or in equity with respect to any such dispute or controversy. 21. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during regular business hours or by facsimile before or during regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designated in writing pursuant to the provisions of this section. 22. Governing Law. This Contract shall be interpreted, construed and enforced in accordance with the laws of the State of California. 23. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument. 932424.1 7 24. Entire Agreement. This Agreement, and any other documents incorporated herein by specific reference, represent the entire and integrated agreement between Consultant and the City. This Agreement supercedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by the City Manager or the Mayor and attested by the City Clerk. 25. Exhibits. All exhibits referred to in this Agreement are incorporated herein by this reference. 932420.1 8 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written above. "City" ATTEST: Tommye Cribbins, City Clerk Approved as to form: uavICI A. ueberry, Uty Attorney "CONSULTANT" By: Richard kfflenette, President Go Live ethnology, Inc. Lft • 0 D.;:11•\1 :.0 James DeStefano, City Manager 932420.1 9 Exhibit "A" (July 1, 2014) Scope of Services; Go Live Technology, Inc. has extensive experience implementing and supporting ERP applications including MS Governs City View application suite. Go Live Technology, Inc, will provide Consultants to the City of Diamond Bar on an "as needed basis" for support of the CityView Application, and other SQL Databases. (Not -to -Exceed $75,000 in FY 201412015) Common services include semi-annual fee updates, staff training and support, vendor management, etc. Additional Project deliverables are listed below. SCOPE OF SERVICES: 1. City View Open Issues support services • Provide onsite application support for high priority issues • Coordinate application updates, enhancement and conduct application testing 2. City View Fees & Valuations (Updates) • Update City View application according to city's fee and valuation schedule 3. False Alarm Tracking Monitor and correct address discrepancies • Re -process incidents • Generate letters 1 notices 4. Custom Report development based on departmental requests 5. Additional configuration changes from departmental reviews Exhibit "B" Payment Schedule: Terms are net 30 on invoices submitted with approved contractor time cards. Billing rate(s) for the City of Diamond Bar: All Contractors $ 87.00 per hour* *Includes all Federal and State payroll taxes, company benefits, etc... Agenda # 6. 11 Meeting Date: June 3., 2014 CITY COUNCIL TO: Honorable Mayor and Members of t e City Council VIA: James DeStefano, City Mana TITLE: Authorize City Manager to purchas Hewlett Packard Servers, and additional hardware replacements from Hewlett Packard, Cisco and vendors on the currently Approved Vendors List, throughout the FY14-15 for an amount not to exceed $251,250. Recommendation: Approve. Budget/Financial Impact: There are sufficient funds in the approved FY14-15 budget for these purchases. This purchase exceeds the City Manager's spending authority and requires Council authorization. Discussion: City staff relies heavily on the use of computers, specialized networks, and associated hardware and software to create, process, and store digital information to serve our constituents. In addition, the City relies on these same systems to promote and maintain communication with our residents, businesses, City Council and City staff. The City will be replacing approximately 20% of the City's Servers, and all of its Traffic related network communication equipment (Switches, Firewalls, etc.) during the upcoming fiscal year. There are a number of existing pieces of equipment including Servers, Switches, Firewalls, Laptops, Printers and associated hardware components that have outlived their useful life; and have a high likelihood of failure in the next 6 to 12 months. In addition, there is specialized hardware related to our on-line services that will require replacement in the upcoming fiscal year due to their age and on- going vendor support limitations. Staff recommends the City Council authorize the City Manager to purchase the necessary replacement equipment from Hewlett Packard (HP), Cisco, and other vendors on the currently Approved Vendors List, through State -negotiated and approved bulk purchasing contracts. This process provides for a significantly reduced cost to the City, without the formal bid process. Additionally, occasionally a vendor on the Approved Vendor List will lower their price to something below the state contract. This pre -approval allows us to move quickly to take advantage of special or one-time date -sensitive discounts when they occur. If approved by Council, the City will begin the replacement of these various pieces of equipment in July 2014 and conclude prior to the end of the fiscal year. It is recommended that the City Council authorize these expenditures and approve the disposal of the existing surplus property per City policy. Prepared by: n Desforges, Dirg?6tor 'Wormation Systems Budget/Financial Impact Reviewed by: Dianna Honeywell, Director of Finance 2 Agenda # 6.12 Meeting Date: June 3, 2014 CITY COUNCIL �� AGENDA REPORT In Cf3R['OR��� TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Man g TITLE. ADOPT RESOLUTION NO. 2014- APPROVING FINAL TRACT MAP NO. 72067, FOR THE SUBDIVISION OF AIR SPACE FOR AN 11 -UNIT OFFICE CONDOMINIUM, LOCATED AT 680 BREA CANYON ROAD IN THE CITY OF DIAMOND BAR RECOMMENDATION: Adopt Resolution, direct the City Engineer to sign the map and the City Clerk to certify and process the map for recordation . FINANCIAL IMPACT: There is no financial impact to the City BACKGROUND. The tentative map application was made to the Planning Commission by the property owner Peichin Lee of Brea Canyon Investments, LLC, at a duly noticed public hearing on June 25, 2013 which the Commission concluded its review of the application and adopted Resolution No. 2013-16 approving Tentative Tract Map No. 72067. The City Council conducted a duly noticed public hearing on this application on July 16, 2013, which the Council adopted Resolution No. 2013-23 approving Tentative Tract Map No. 72067. DISCUSSION: Since this project is being constructed within an existing business center, all public improvements have already been constructed negating the need for a Subdivision Agreement. Rough grading of the site has been approved and building permits for the 2 -story office bldg. have been issued while construction continues. A grading bond in the amount of $22,000 was posted as a cash deposit with the City on August 1, 2013 and will be held until all grading has been completed and accepted by the City. The Final Tract Map subdivides air space into 11 office condominium units while the remaining land on the parcel is dedicated to parking and access which is covered by a reciprocal agreement with all owners/tenants of the business center as well as designated fire lanes and utility easements. The Final Tract Map 72067 has been reviewed by both the Public Works Department and Community Development Department and has been found to be technically correct and conforms substantially to the approved tentative tract map. The final map meets the requirements of the conditions of approval. PREPARED BY: Reza Amirazodi, Contract Engineer REVIEWED BY: David G. Liu, Director of Public Works Attachments: Resolution No. 2014 -XX Tract Map No. 72067 2 DATE PREPARED: May 28, 2014 RESOLUTION NO. 2014 -XX A RESOLUTION OF THE CITY OF DIAMOND BAR FOR THE APPROVAL OF FINAL TRACT MAP 72067, FOR THE SUBDIVISION OF AIR SPACE TO AN 11 -UNIT OFFICE CONDOMINIUM, LOCATED IN THE CITY OF DIAMOND BAR, CALIFORNIA A. RECITALS (i) Property owner, Peichin Lee of Brea Canyon Investments, LLC, 17528 East Rowland Street, #288; City of Industry, CA 91748 (the "Applicant" hereinafter), has heretofore filed an application for approval of Final Tract Map No 72067, (the "Application" hereinafter), as described in this Resolution. (ii) On June 25, 2013 the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing on the subject matter of the Tentative Tract Map and, upon conclusion of said public hearing on June 25, 2013 the Planning Commission adopted it's Resolution No. 2013-16 recommending that the City Council approve Tentative Tract Map 72067 (iii) On July 16, 2013, the City Council of the City of Diamond Bar conducted a duly noticed public hearing on the Tentative Tract Map and, upon conclusion of said public hearing on July 16, 2013 the City Council adopted its Resolution No. 2013-23 approving Tentative Tract Map 72067. (iv) All legal prerequisites to the adoption of this Resolution have occurred. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the City Council of the City of Diamond Bar as follows: This City Council hereby specifically finds that ail of the facts set for in the Recitals, Part A, of this Resolution are true and correct. 2. Based on substantial evidence presented to this Council regarding the Application, this Council finds the Final Tract Map to be in substantial conformance with the Tentative Tract Map and this Council hereby specifically approves Final Tract Map 72067, as presented. 3. The City Council hereby specifically finds and determines that, based upon the findings set forth below, and changes and alterations which have been incorporated into and conditions upon the proposed project set forth in the application, no significant adverse environmental effects will occur. 4. The City Clerk is hereby directed to: a. Certify to the adoption of this Resolution; and b. Transmit a certified copy of this Resolution to Brea Canyon Investments, LLC, 17528 Rowland Street #288, City of Industry, CA 91748 PASSED, APPROVED AND ADOPTED this 3rd day of June, 2014. Carol Herrera, Mayor I, Tommye A. Cribbins, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was introduced at a regular meeting of the City Council of the City of Diamond Bar held on the 3rd day of June, 2014, by the following vote: AYES: COUNCIL MEMBERS NOES: COUNCIL MEMBERS ABESENT: COUNCIL MEMBERS ABSTAINED COUNCIL MEMBERS ATTEST: City Clerk, City of Diamond Bar BREA CANYON INVESTMENT, LLC.. A CAUFORNIA ❑MITEG�UAWUTV COAPANY'(OWNFR)..^_ PEIORN LEE..(MEMBER) ` AMERICAN CONTINENTAL SAW(, BENEFlClAft UNDER A DEED,# TRUST, RECORDED SEPTEM 27, 2014 A5: INSTRUMENTNO. 20131408027: # #MCIAL RECORDS. (AS BENEFICIARY) :.WONT NAME :. 7'tieyy.(. X01.( P NAME ^Al.l,n.d ANr,.+ RSs�xy� TITLE c, EE 11 TITLE CLS? �2' 8A6ryr1 3 NOTARY ACKNOWLEDGEMENT ro&M STATE OF CLOS NiA )) SS �camm Ex- 11..o e COUNTY OF LOS ANGELES ON ab BEFORE ME 3 z. ma +}Itn�. ANQTARY PUBLIC, PERSOiAl1Y PEARED WD-pi1N LEE, WHC PROVED TSI ME ON THE 8X TA # SATISFACT91 EVIDENCE TO SE THE PERSON WHOg NAME IS SUBSCRIBED TO TH€ VATHIN INSTRUMENT AN ACKNOWLEDGED TO ME THAT SHE EfECUlEO THE SAME IN HER AUTxORRW CAPACITY AND BY HER SIGNATURE ON THE'NSTRUNENT. THE PERSON OR THE ENTITY UPONy1ALF # WI THE PERSON .ACTED.. EXECUTED,. THE ATSIAUMENT. I CERTIFY HOER PENALTY DF PERJURY UNDER THE LAWS OF: THE STATE OF OAUFOTNIA R THE FOREGOING PARAGRAPH IS TRUE ANDCORRECT. WITNESS MY HAND -y t tefc�t2 SIGNATURE `Ylr�. ..L (� in MY COMMISSION N0. r,_c bANt1'. PRINT NAME: tii (' !_(t MY COMMISSION. EXPIRES: `l . MY PRINCIPAL :PLACE OF:BUSNESS IS: IN. LOS. ANGELES COUNTY. a`uN.Y 2,:11s 1t:+ '.RENEINF HALL: Al IN i - NOTARY ACKNOWLEDGEMENT' AM SAY STATE OF CALIFORNIA )a1 B THE COUNTY OF LOS ANGELES ) SS. Naav9AAr•L:Namla NCL N�0P16 APP a BEFORE..ME R W ° A NOTARY PUBLIC PERSONALLY u aM___ WINO PROVED TO ME ON THE JON I BASIS OF 5ATSfIAC Y EVIDENCE TO BE THE PEASON(5} WHOSE NAME(5) NS/ARE SIJBBCRIBED TO THE WfMIN`INSTRUMENT AND ACKNOWIIDGED TO IN 1HAt:HE/91E//77NHEY €%ELUTED THE SAME IN xIS/HERjD1EIR AUTHOTIZED. CAPACITY(IES).MD THAT BY nIS}HUL{rNOR $IGNATURE(S) ON: THE :INSTRUMENT. THE PERSON(S), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED SPECt EXECUTED DATE, E'XPIRE4: 8-3O-2OS 1�nwc ) AM,, S o THE INSTRUMENT, . •.r ,..,..vdvvm I CERTRI' UNDER PENALTY W PER UNDER THE LAWS O' THE STATE OF CALIFORNIA THAT THE T NEREBY STAIE THAT ALL ST FCREGONC PARAGRAPH IS TRUE AND CO7REC1. CF THEREOF IDIAMOND BAR, TO AND WH THERE# IS. SUBJECT ANb WN MTNE55'MY HAND. SIGNATURE `*" =% MY COMMISSION NO. 14 It630 PRINT NAME: E )SYaVI MY COMMISSION EXPIRES 1 13', x0P MY PRINCIPAL PLACE OF BUSINESS IS N 5L-,Arty@l@C@l@C .COUNTY. DATE A CITY CI LW •0 SIGNATURE OMISSION NOTE, tA�13 CITY (^.I F;?Wlq crA-, IN A, c A. Pt TF A. FC PS w CE EA INT RE SO GO RE N! AL CSI DIS CO ACI NS 201 CITY OF 01 _.. .� ._». ..,, ,...,„�., a., ..,c. �wn� m.Pnux. MEETING TIEBEOFi 1E1.0 ON'iNET .• •.• DAY aF _. i. CURRIER WATER COMPANY, A CORPORATIOA OLDER OF AN EASEMENT FOR WATER PIPE UN6 a IT CONFORMS SUBSTANTIALLY TO THE EDF: THAT ALL PROVISIONS OF SUSDIMSIOL AT 7NE TIME Or APPROVN. # INC AM :SATISFIED THAT tHl5 MAP is IT COMPLIES WITH ALLPROVISIONS; IN AALLL€ RESPEC75 f GERTIFEDATO UNDER 711E OJPJ:%OR OPPTHE CITY WITNRI SUBb1VT91N OT ANY ART 1AVE:.SEEN PMD W: FULL. AR BAR 69 HEREBY STATE THAT THIS. R CIM COUNCIL AT A RCGU 2414 ANb.THAT THEREUPOt APPROVE SAID MAP. ... BAR AS: TAM ON THE LAND BoSLAW. Y LAW. 1 qugEp�B 0=71 OIRGo BOMB # BUPINVRS`OTS #:THE COUNTY OF LDS AMCEW�;.STATE O CAUFORNRA BY DATE DEPU SAID COUNCIL. BY AN ORDEi OXY PT � Afb E IRPOSES, AS PER DOCUMENT RECORDED N BOCK 081$, PAGE 220. OF DEEDS, RECORDS OF LOS ICELE9 COUNTY E EXACT LOCATION OF THE EASEMENT IS: HOT DISCLOSED BYTHEINSTRUMENT E CURRIER ((ALSO KNOWN AS ALVAN T. CURRIER) AND SUSAN" WRRER. HOLbER O M EASEMENT r R WATER BY NEUS AND PIPE IJNES PURPOgS, AS PER DOCUMENT DATE CITY - C- CITY OF O " N<CORDFaO N 8830, GE 18 OF Oi05. RECORDS OF LOS ANGELES. COUNTY. ID CASEMENT 13 BLANKET IN'NATURE. LINTY O' LOS ANGELES, A BODY CORPORATEAND POJiTC DF :THE STATE # I HEREBY CERTIFY THAT ALL CERTIFICATES HAVE'BI THAT ARE'RECUNED UNDER THE L'ROVIDONS # BE SE ENT HOLDER BV OEDICATIOT AS SHOWN ON ]lE RIf,YiT g(,,, 7 NOT DWELT V. MESS MSI SUBOVIgON MAP ACT. E CRESS, , DGO 74 NAS SHOWN RCEL THE MAP OFNNS DSOFL MAP CC SSBI, .OROED IN BOOK 181, PACES 74 AND 75 OF PARCEL MAPS, RECORDS OF LOS lJNC(SES CDWlTY. EIEWTIVE OFTRCER, 80X0 # VISORS OF THE CLARNTY,O ,LOS µATE # CAUFI JTHERN GAIJFORMA GAS COMPANY, A CORPORATION AND SOIIRNERN DAUFGR{GA EDISON IPANT A CORpORATIlNl HOLDER # EASEMENT FOR PUOUr 11 UTES PURPOSES; AS PER DEEDS )DRDED AUGUST 23. 200, A5:IN91RWENT Nb. 2010"'. AND SFPTEIlBER k. 2014 AS TRUMENT NO. 20131291011. $Y bATE .. BOTH O' OFFICIAL RECORD$ RECORDS OF 40S "ANGELES COUNTY. 1MEDA CORROOR-EAST CONSTRUCTION AUTHOR" ON BENALf OF THE SAN OAFwEL VALLEY'- JNCIL GOVERNMENTS, A CAUF'ORNIA JOINT P09p1U aUMOATTY ANO WALNUT YALLEY WRIER DRICT, A CAUFORMA WATER'.: DISTRICT FORMED t== JUYA.aO ,x .r ...,r:nu,c,�.,.......... a IT CONFORMS SUBSTANTIALLY TO THE EDF: THAT ALL PROVISIONS OF SUSDIMSIOL AT 7NE TIME Or APPROVN. # INC AM :SATISFIED THAT tHl5 MAP is IT COMPLIES WITH ALLPROVISIONS; IN AALLL€ RESPEC75 f GERTIFEDATO UNDER 711E OJPJ:%OR OPPTHE CITY WITNRI SUBb1VT91N OT ANY ART 1AVE:.SEEN PMD W: FULL. AR BAR 69 HEREBY STATE THAT THIS. R CIM COUNCIL AT A RCGU 2414 ANb.THAT THEREUPOt APPROVE SAID MAP. ... BAR AS: TAM ON THE LAND BoSLAW. Y LAW. 1 qugEp�B 0=71 OIRGo BOMB # BUPINVRS`OTS #:THE COUNTY OF LDS AMCEW�;.STATE O CAUFORNRA BY DATE DEPU ATAB. BY PROR.. PER SAN) PM. '• t N972'23'W 2567s st1 , BASIS OF BEARING NOTES: 10aO0' ^ 16,.18' 114E BEARINGS SHOWN HEREON ARE BASED ON THE BEARING' 11022'23"W OF ,C5 — _.. SEI, S THE CENTERLINE OF BREA CANYON S I AlYL y , ,:. RGAD, AS.-- ON PARCEL MAP N0: 16840, FlLED IN BOON 181, PAGES 74 56 1' AND 76, OF PARCEL MAPS, RECORDS E2 ROPE - 13 1v iA w P ,.;I $1 OF LOS ANGELES COUNTY. EASEMENT 9-1, 1 ,L SURVEYOR'S NOTES: RE w 4 NC3t'28'E ^.. ^. — { —, .` _ 132.0+ — — _ m e ,, SFN . 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AS INST Na 20130095952. 9•R.MAGE AND VARIASI.E LENGTH, EASEWEN7 OF ALA40A COARIODR-EAST CONSM01IONUIHCRITBNGENAL£t1FGA�tl0.VALLEYCOUNCIL aF GOVERNMENI$R CAIIFElRN1AJQNT POWERSAUTHOR1FORPUSUCU'RUTIESPURPOSES,PEROEED RECOROdlLY i7,201 ASnmC, 'WSi:-Na 20H AND5LE TH,1kEt VARIABLE WD ANQ LENGTH EA MENT Pi PPCH INVESTMENT! LLC. A CALIFORNIA UMItED uABIUtt�p 4 COMPANr: F9R ACCESS, 9XiRE38 ANO EGRESS PURPOSES, PER DEED RECD JANUARY 14 2013 AS S 5220' (52.fa'] it I�wa X'130999447. oR,118206y�m 1B'WIQEANO 110' LONGEASEMENTOFSOUTHERN CAUPORNIA EDISON COMPANY POR PUBLA; URUIIES Y8Na1YDQ U CA OPW y.PURPOSESPER DEffi REGO SEPT, 4. 2013, A8 ,NST. NO, 2013 2.2 810 41, O.R13 t=S"LY ANb1VLYUNE OF111EPERMIi1ED ENCROACHMENT, PER QEEa RECD JANUARY 15, 2W3. AS INS,.ON.N H.H., PNa 20130035851, OF 33•411BFN3 3 111E R14iT fi REStINCT DIRECT YEfi(CULAR ACCESS TO BREA CANYON ROAD AND WASHINGTON 51REET PD -LiT 1153 PER SfN CRANI TO IHS COUNTY OF LOS ANCEUES, PER PM Nb. 73340, PMB �—__ SAID F3.--NO';3!0 W — — -- 301.15' Agenda No. 6.1 MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR MAY 20, 2014 @9&[FV CALL TO ORDER: Mayor Carol Herrera called the Regular City Council meeting to order at 6:30 p.m. in the South Coast Air Quality Management District /Government Center Auditorium, 21865 Copley Drive, Diamond Bar, CA. PLEDGE OF ALLEGIANCE: Mayor Herrera led the Pledge of Allegiance. INVOCATION: Cantor Paul Buch, Temple Beth Israel, gave the invocation. ROLL CALL: Council Members Chang, Tanaka, Mayor Pro Tem Tye and Mayor Herrera. Absent: Council Member Lyons was excused. Staff Present: James DeStefano, City Manager; David DeBerry, City Attorney; Ryan McLean, Deputy City Manager; David Liu, Public Works Director; Bob Rose, Community Services Director; Dianna Honeywell, Finance Director; Greg Gubman, Community Development Director; Amy Haug, Human Resources Manager; Raymond Tao, Building Official; Marsha Roa, Public Information Manager, and Tommye Cribbins, City Clerk. APPROVAL OF AGENDA: As Presented. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 Mayor Herrera and Council Members presented Certificates of Recognition to Members, Coaches and Team Mom of the D.B. Soccer League U16 Boys Legacy FC Team in recognition of their winning the California South State Cup for the Championship Soccer Tournament. 2. CITY MANAGER REPORT AND RECOMMENDATIONS: CMIDeStefano announced that on May 29 there will be a community meeting at Heritage Park to talk about some of the improvements Council asked staff to explore with residents of the Site D neighborhood. Items to be discussed with respect to the Willow Heights project will include park improvements and access parking for the portion of the Site D Park that lies between the flood control channel and Brea Canyon Road. CMIDeStefano stated that Diamond Bar has an outstanding Sheriff's Department and more particularly, an outstanding Diamond BarNValnut station. The Department, headed by Captain Scroggin and Lieutenant Takias does an excellent job. Due to the leadership and the entire department, there has been an overall 30 percent drop in the year-to-date crime rate in all eight of the Part 1 crime categories from 2013 to 2014. He greatly appreciates residents' support of the Sheriff's Department. M/Herrera echoed the City's pride in its Sheriff's Department. MAY 20, 2014 PAGE 2 CITY COUNCIL 3. I' I PUBLIC COMMENTS: Miss FIR LePew (Librarian Julie) spoke about the Diamond Bar Library's summer reading program, (the animal kingdom) "Paws for Reading". There will be several fun programs for children, teens and adults: In June, Annie Banannie, the Balloon Lady and Twinkle Time Music and Art Workshop. In July, a magician in search of "Big Paw," Wonders of Wildlife, Animal Balloon Twisting Workshop for children ages 8 to 11 and l am Invited to a Party (An Elephant and Piggie Book by Mo Willems. There will also be an art workshop to make children into dogs with a "Best of Show". There will be puppets for The Boy Who Cried Wolf and for the teens a "Design Your Own Birdhouse, Doggie Bubbleheads, Dog Tag Pendants and Design Your Own Piggybank. There will also be programs for adults. On May 27 at 4:00 p.m. in the Windmill Room, the Library will host "Opera Tales" which is a division of LA Opera's Opera for Children. Lew Herndon congratulated the Diamond Bar Soccer League U16 Boys Legacy Team and thanked them for representing the City. They did a great job and it reflects untold hours of dedicated time and effort by the boys, parents, coaches and many others. Mr. Herndon spoke about the petition that had been presented earlier in the year requesting that funds from the sale of the Site D property be used to help alleviate the shortage of sports fields in Diamond Bar. He asked how the City Council could ignore the will of the people and the advice of the Parks and Recreation Commission, its advisory committee, and the efforts of the Diamond Bar Community Foundation. Shortage of fields has been a problem for more than 25 years and he believes it is time to begin solving that problem. He asked that the Council put the question of using Site D funds (sale proceeds for sports fields) on its agenda for a vote. RESPONSE TO PUBLIC COMMENTS — None. 5. SCHEDULE OF FUTURE EVENTS: 5.1 Parks and Recreation Commission Meeting — May 22, 2014 - 7:00 p.m., Windmill Community Room, 21810 Copley Drive. 5.2 Memorial Holiday — City Offices closed on Monday, May 26, 2014 in observance of the Memorial Holiday. City Offices reopen on Tuesday, May 27, 2014 at 7:30 a.m. 5.3 Site D Public Park Meeting — May 29, 2014 — 7:00 p.m. Heritage Park Community Center, 2900 S. Brea Canyon Road. 5.4 Bow -Wow Bash — May 31, 2014 — 10:00 a.m. — 2:00 p.m. — Pantera Park Dog Bark, 738 Pantera Drive MAY 20, 2014 PAGE 3 CITY COUNCIL 5.5 City Council Meeting — June 3, 2014 — 6:30 p.m., SCAQMD/Government Center Auditorium, 21865 Copley Drive. 6. CONSENT CALENDAR: C/Tanaka moved, C/Chang seconded, to approve the Consent Calendar as presented. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chang, NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Lyons 6.1 APPROVED CITY COUNCIL MINUTES: (a) Study Session of May 6, 2014 (b) Regular Meeting of May 6, 2014. Tanaka, MPT/Tye, M/Herrera 6.2 RECEIVED AND FILED PARKS AND RECREATION COMMISSION MINUTES - Regular Meeting of March 27, 2014. 6.3 RATIFIED CHECK REGISTER DATED MAY 1, 2014 THROUGH MAY 14, 2014 —totaling $1,932,325.76. 6.4 APPROVED FIRST AMENDMENT TO THE CONSULTANT SERVICES AGREEMENT WITH THOMAS G. MATLOCK & ASSOCIATES TO PROVIDE ARCHITECTURAL DESIGN SERVICES FOR A GENERATOR ENCLOSURE STRUCTURE AT CITY HALL IN AN AMOUNT NOT -TO - EXCEED $4,000 FOR A TOTAL CONTRACT AMOUNT OF $31,280. 6.5 APPROVED TRANSFER OF $20,150 FROM THE GENERAL FUND TO THE AUTO EQUIPMENT REPLACEMENT FUND TO PURCHASE A 2015 F-450 FORD PICKUP TRUCK FROM MCCOY MILLS FORD IN THE AMOUNT NOT -TO -EXCEED $56,150. 6.6 APPROVED CONTRACT AMENDMENT NO. 3 WITH SUSTAINABLE ENVIRONMENTAL MANAGEMENT COMPANY (SEMCO) EXTENDING THE CONTRACT TERM THROUGH JUNE 30, 2016 AT A COST OF $88,000 FOR A TOTAL NOT -TO -EXCEED CONTRACT AMOUNT OF $214,500. 6.7 APPROVED AN EXPENDITURE OF $54,600 PAYABLE TO BERTOLINI HOSPITALITY AND DESIGN TO PURCHASE BANQUET CHAIRS FOR THE DIAMOND BAR CENTER. 6.8 APPROPRIATED WASTE HAULER FUNDS (STREET PAVEMENT IMPACT FEES) IN THE AMOUNT OF $101,869 AND PROP C FUNDS IN THE AMOUNT OF $14,675 FROM FY 2012-13 CAPITAL IMPROVEMENT PROGRAM (CIP), AND PROP A EXCHANGE FUNDS IN THE AMOUNT OF $280,000 TO THE CIP BUDGET FOR FISCAL YEAR 2013-14; ADOPTED RESOLUTION 2014-16 APPROVING PLANS MAY 20, 2014 PAGE 4 CITY COUNCIL 7. AND SPECIFICATIONS AND ESTABLISHING A PROJECT PAYMENT ACCOUNT; AWARDED A CONSTRUCTION CONTRACT FOR THE RES IDENTIALICOLLECTOR AREA 2 (BOUNDED BY GRAND AVENUE TO THE NORTH, GATEWAY CORPORATE CENTER TO THE WEST, DIAMOND BAR BOULEVARD TO THE EAST AND PATHFINDER TO THE SOUTH) AND ARTERIAL ZONE 1 (DIAMOND BAR BOULEVARD, BETWEEN SUNSET CROSSING ROAD AND GOLDEN SPRINGS DRIVE AND BREA CANYON CUT-OFF ROAD BETWEEN THE CITY LIMIT AND DIAMOND BAR BOULEVARD) ROAD MAINTENANCE PROJECT TO HARDY & HARPER, INC. IN THE AMOUNT OF $1,797,000; AND, AUTHORIZED A CONTINGENCY AMOUNT OF $134,775 (7.5% OF THE TOTAL CONTRACT) FOR CONTRACT CHANGE ORDERS TO BE APPROVED BY THE CITY MANAGER, FOR A TOTAL AUTHORIZATION AMOUNT OF $1,931,775. PUBLIC HEARING: 7.1 SECOND READING AND ADOPTION OF ORDINANCE NO. 05(2014): AMENDING TITLE 15 OF THE DIAMOND BAR MUNICIPAL CODE AND ADOPTING BY REFERENCE, TITLE 32, FIRE CODE OF THE LOS ANGELES COUNTY CODE, AS AMENDED, WHICH CONSTITUTES AN AMENDED VERSION OF THE CALIFORNIA FIRE CODE 2013 EDITION. CM/DeStefano stated that this Public Hearing is for the second reading and adoption of an ordinance amending the Municipal Code by adding changes to Title 32 of the Fire Code of Los Angeles County. He introduced BO/Tao who presented staff's report. BO/Tao also indicated that personnel from LA Fire Department are present should the Council have any questions regarding this matter. BO/Tao stated that this ordinance is based on LA County Fire Code Amendments that the City's Fire Code is based upon. BO/Tao stated that during the May 6 Council meeting the First Reading was approved and that this is the public hearing to adopt a building standard. He noted that the findings produced on May 6th were presented to the City Council via memo on May 6 and that they are included in the Council packets this evening. With no questions by Council, MlHerrera opened the Public Hearing at 7:06 p.m. With no one present who wished to speak on this matter, MlHerrera closed the Public Hearing at 7:06 p.m. MAY 20, 2014 PAGE 5 CITY COUNCIL 0 C/Chang moved, MPT/Tye seconded, to adopt Ordinance No. 05(2014): Amending Title 15 of the Diamond Bar Municipal Code and Adopting by Reference, Title 32, Fire Code, of the Los Angeles County Code, as Amended, which constitutes an Amended Version of the California Fire Code 2013 edition. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chang, Tanaka, MPTITye, M/Herrera NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Lyons COUNCIL CONSIDERATION: 8.1 a) ADOPT RESOLUTION NO. 2014-17: APPROVING AND ADOPTING A BUDGET FOR THE FISCAL YEAR COMMENCING JULY 1, 2014 AND ENDING JUNE 30, 2015 INCLUDING MAINTENANCE AND OPERATIONS, SPECIAL FUNDS AND CAPITAL IMPROVEMENTS; AND, APPROPRIATED FUNDS FOR ACCOUNTS, DEPARTMENTS, DIVISIONS, OBJECTS AND PURPOSES THEREIN SET FORTH. b) ADOPT RESOLUTION NO. 2014-18: SETTING PROPOSITION 4 (CANN) APPROPRIATIONS LIMIT FOR FISCAL YEAR 2014-15 IN ACCORDANCE WITH PROVISIONS OF DIVISION 9 OF TITLE 1 OF THE GOVERNMENT CODE. c) ADOPT RESOLUTION NO. 2014-19: ADOPTING THE STATEMENT OF INVESTMENT. d) ADOPT RESOLUTION NO. 2014-20: AMENDING RESOLUTION NO. 2014-12 ESTABLISHING SALARY GRADES AND FRINGE BENEFITS FOR ALL CLASSIFICATIONS OF EMPLOYMENT EFFECTIVE JULY 1, 2014. CMIDeStefano stated that this budget is a result of staff, under FD/Honeywell's leadership, working together to put together this item for Council's consideration. This is an improved budget over that which the City Council discussed during its May 6 Study Session. Since that time, resources have improved slightly and anticipated expenses are slightly less resulting in an increase to the reserves of about $100,000. The Council continues on a path of prudent resources with expenditures remaining within its budget and within the amount the City can afford with resources that have been relatively flat over the last few years but continue forward with one-time resources coming to the City in the upcoming budget and those moving forward. On May 6 the City Council looked at the General Fund, Special Fund, proposed Capital Improvement Program (CIP) for 2014-15 and remaining four years of the five-year program. MAY 20, 2014 PAGE 6 CITY COUNCIL Council presented good questions to staff regarding costs associated with the three Lighting and Landscape Assessment Districts, Dial -a -Ride Program and the amount of money utilized for users versus the ability to use those dollars for other community benefit needs in transportation and maintenance. Questions were asked regarding the investment strategy as well as, the upcoming General Plan update project proposed to take place over the next couple of years that would replace the aging almost 20 -year old General Plan under which the City has been operating. CM/DeStefano turned it over to FD/Honeywell who presented staff's report. FD/Honeywell stated that the Fiscal Year 2014-15 proposed budget is balanced and increases the General Fund Reserves from operations by $1.3 million. The budget, as proposed, incorporates modest yet realistic growth in both revenue and expenditures over the current year's expected numbers, while maintaining service levels to the community. After taking out the one-time revenues relating to the sale and development of Site D the General Fund budgeted revenues are expected to grow by 2,8 percent over the current year's estimated revenues. It is proposed that the one- time money received during the current fiscal year from the proceeds of the Site D property be used to replenish funds that were depleted out of necessity during the recession as well as, funding new projects such as the comprehensive update to the City's General Plan. These transfers will be made during the current fiscal year. The remainder of the Site D proceeds of approximately $882,000 will go back to the General Fund to replenish the General Fund for the purchase price of the property and be used for economic development. It is anticipated that Lennar will pull permits and build approximately 100 units of the scheduled 182 units during FY 2014-15 which will result in nearly $1.9 million which is also one-time money. Every effort has been made to keep appropriations at or near the same level as the current fiscal year estimated. It is anticipated that the General Fund expenditures will grow by 4.2 percent over the current fiscal year. The majority of that increase is related to the Public Safety Budget which is set to increase by $638,000, due in part to a 2.6 percent contractual increase, staffing changes aimed at focusing on specific crime problems of concern to residents, and payment of four percent or $221,000 to the Sheriff's Liability Trust Fund. Also incorporated in the 2014-15 Fiscal Year Budget is a two percent Cost of Living increase for employees as well as, a $50 increase in the benefit allotment which amounts to a total of $156,000. MAY 20, 2014 PAGE 7 CITY COUNCIL The 14-15 FY proposed budget provides for the use of General Fund Reserves in the amount of approximately $2.1 million. Most notable of the expenditures funded by the reserves are Capital Improvement Projects for slurry seal, a street rehab project, Grand Avenue Beautification and parking lot improvements at two of the City's parks. There is also General Fund Reserve funding for the City's trails project for which the City received grant funds and is required to provide 12 percent of the matching funds. Since 2001 the City Council has regularly set aside reserves to fund economic development activities. Included in this proposed budget is $315,000 to fund these activities. There is funding for parkway curb removal in the amount of $157,000 which was recommended by the JPIA in order to mitigate liability risk to the City and to ensure the safety of the residents. Also included is the transfer to the Lighting and Landscape Districts in the amount of $299,000 in order to maintain the current service levels for utilities and grounds maintenance. Smaller items funded with General Plan Reserves is the construction of permanent housing for the emergency generator, a document scanning system and funding for the 2014-15 updates to the General Plan. Also included in the budget are various special revenue funds, the Debt Service Fund, Equipment Replacement Fund, and the Capital Improvement Fund. These types of funds have specific guidelines as to how these resources may be used. The City uses these funds to pay for things such as slurry seal projects, transit related programs, solid waste reduction programs, unforeseen fleet costs and network upgrades. There are six new Special Revenue Funds proposed for 2014-15 which would fund a comprehensive update to the General Plan, collect sewer fees related to the Willow Heights Housing project, separate Grant Funds received from MTA from other funds, separate PEG fees, Used Oil Grant Funds and Beverage Recycling Grant Funds. The FY 2014-15 Capital Improvement Budget includes projects totaling approximately $9.9 million of which $5.3 million are project carryovers from the current fiscal year (2013-14). Included in the new projects for FY 14-15 is a street improvement project, parking lot improvements at the parks and intersection improvement at Diamond Bar Boulevard and Brea Canyon Road, a swing set at Longview Park North, play surface replacement at three parks, design of Pantera Park Trail improvements, ADA improvements to Sycamore Canyon Park and further improvements to the Dog Park. Additional funding is being added to the SR6011-emon Avenue Interchange, the Grand Avenue Enhancement project and the Traffic Signal Infrastructure upgrades. MAY 20, 2014 PAGE 8 CITY COUNCIL Tonight staff is also recommending approval of the Gann Appropriation Limit as is required by Government Code. Each year staff calculates an annual appropriation limit based on the percentage change in the county population over the previous year. For FY 2014-15 this limit is $38.1 million and the City's expenditures fall well below this limit. Staff is also seeking approval of the FY 2014-15 Investment Policy which is unchanged from the FY 2013-14 Investment Policy. This policy provides for a conservative approach to investing the City's Reserve which first emphasizes safety, then liquidity and lastly, yield. Staff is also recommending that Council adopt the FY 2014-15 Salary Resolution. As previously mentioned, the schedule incorporates a two percent Cost of Living increase and a $50 increase to the benefit allotment. CMIDeStefano stated that the City Council has heard an overview of the budget, the Gann Limit as well as, the Investment Policy, three separate items, each of which would suggest an independent resolution be adopted by the City Council. The fourth item is Item d) which is a proposed resolution that would establish a new compensation plan for the upcoming FY 2014-15 establishing salary ranges and fringe benefits for all classifications of employees. Within the organization CMIDeStefano is charged with managing 51 full time employees, 3 benefit part time employees and 60 part time employees in the Community Services Department for a total of about 140 employees within the organization. Each year the Council considers an augmentation to the salary grades these employees receive for their work in and on behalf of the City. As indicated, there is a recommendation ,by the City Manager's office for a 2 percent Cost of Living adjustment to the employees. The City also provides a benefit allotment to each of the 51 full time employees to utilize for medical and health benefits and it is recommended that the City Council also award a $50 per month increase which would increase the total dollar amount received by each of the full time employees but would place these employees several hundred dollars per month below competing neighboring communities. In addition, a few employees currently receive either a technology allowance or a cell phone allowance. The technology allowance goes to employees to monitor the brains of the operation including the server room and all of the components within that multimillion dollar operation. There are other management employees that receive a $43.25 cell phone allowance for their private use to conduct City business. CMIDeStefano recommended that the program be changed to reflect new technologies, new use of equipment, etc. and that it be slightly expanded. About eight employees receive the stipend and he is recommending that the City Council allow that to go up to 15 employees with a current plan for 13 employees to MAY 20, 2014 PAGE 9 CITY COUNCIL utilize the system. In short, the recommendation is to change the dollar amount to $100 per month for 10 employees within the management team, and that the City Manager have the authority to approve allocation to three additional employees in the amount of $50. All of these employees hold management and supervisorial positions including the direct supervisor for the 60 part time employees who work outside of City Hall and/or at the Diamond Bar Center. The purpose of the dollar amount is to permit and encourage continued use of the employee's private equipment to conduct City business, to utilize the employee's access in emergency situations, etc. All of these individuals are using smart phones, tablets, iPads, laptops and a variety of other communication tools, the cost of which are ever rising. CMIDeStefano said he believes it is important to utilize the access needed by him for employees on a daily basis and especially in the case of emergencies to provide a small stipend to those employees. The total increase being requested is $156,000 for FY 2014-15 of which $148,000 is attributable to the General Fund with the difference coming from other special funds that may incorporate dollars outside of General Fund usage. MPT/Tye asked if the City Council could consider each resolution separately or as one item all together. CMIDeStefano responded that the City Council could consider all four items together but may wish to consider each one independently, as verified by CAIDeBerry. MPT/Tye restated the objective of 8.1 c) and its investment policy is different than that of individuals or corporations and the order conservatively changes to 1) Safety (of primary importance to the City; 2) Liquidity (there are no dangerous or speculative investments that would lock up the City's resources and, 3) Yield. MlHerrera invited public comment on the proposed FY 2014-15 proposed Budget. There being no one present who wished to speak on the matter, MlHerrera closed public comments. MlHerrera thanked CMIDeStefano for summarizing Council comments made during the May 6 Study Session. Staff did a very thorough job acquainting the City Council with the different aspects of the budget. Subsequent to the May 6 Study Session meeting there was a subcommittee meeting of the Landscape and Lighting District to address those issues and the constant rising costs to almost $300,000 hit to the General Fund for this account because it is out of balance. The Audit Subcommittee also met to talk about Dial -a -Ride because those costs are also out of control, in her opinion, and have reached $575,000 annually MAY 20, 2014 PAGE 10 CITY COUNCIL which takes away from transportation dollars needed to maintain the City's roadways. The Audit subcommittee would like to see a reduction in that budget item in the future and a reduction of about $150,000. She requested that staff come back to the City Council with recommendations on how to achieve the reduction. The LLAD subcommittee would also like to see savings of about $100,000 to $200,000 and would like staff to provide recommended strategies for achieving this reduction. It is her understanding that the Council can approve the proposed budget amounts today but at a future date when the Council considers recommendations for budget reductions an amendment can be done at that time. FD/Honeywell responded that MlHerrera was correct that Council could do a budget adjustment at any time the Council concurs on the appropriate adjustment amount. MlHerrera said she believed one of the very strong reasons Diamond Bar continues to be a City in such strong fiscal condition is that it is very, very prudent, careful and cautious about how the City spends its money just as many residents are careful and cautious about how they spend their money. Like these residents, the City is often approached to make expenditures for various items which require stringent evaluation of what is really needed to maintain homes and cities versus the many items various individuals might like to have but cannot necessarily afford. She is sorry that Mr. Herndon is not present to hear this discussion. It is not a matter of the City ignoring a request, it is a matter of balancing what the City needs based on its priorities versus the wish list of many things the City would love to have but perhaps cannot afford at this time. MPT/Tye congratulated staff for the many hours of hard work on behalf of the City. For 25 years the City has built a reserve and with this proposed budget gets to add to that reserve. This is not an easy process. MPT/Tye moved, C/Tanaka seconded, to approve Items 8.1 a) b) c) and d). Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Tanaka, MPT/Tye, MlHerrera NOES: COUNCIL MEMBERS: Chang ABSENT: COUNCIL MEMBERS: Lyons 8.2 APPROVAL OF THE MULTI-YEAR CAPITAL IMPROVEMENT PROGRAM. CMIDeStefano stated that this item is a five-year look at the types of investments needed within the City's infrastructure either for significant maintenance purposes or for new construction. The Council just approved the CIP for FY 2014-15 and that the balance of the C I P looks out for the MAY 20, 2014 PAGE 11 CITY COUNCIL next four years. Within the document which outlines about a $44 million investment for a variety of projects that are scheduled and/or anticipated over the next four years. Council is very familiar with improvements needed in various areas of the City for slurry seal maintenance, arterial maintenance, and singled -out parks improvements which is planned for and which the multi-year capital improvement program allows it to be seen over the next five years. Within the $44 million plan there is approximately $1.2 million that would come from the General Fund. All of the other dollars would come from a variety of other sources including Federal and State dollars, grants, special funds, special service charges and a variety of other sources already in place. The other aspect of the multi-year CIP is that the Council is asked to approve the "budgeted" component, which was done for FY 2014-15 and have Council look at the remaining four years as "conceptual" plans, plans which are most likely to change as opportunities arise for funding, as needs arise, all of which is subject to change by the City Council. For example, if the Council wishes to move an item forward it may do so as resources become available such as has been the case with the enhancement of trails and trail projects due to successful grant awards. CM/DeStefano talked about projects and conceptual projects on the multi-year CIP list and that staff recommends that the City Council adopt the Five -Year Capital Improvement Program. MlHerrera asked if there was any one in the audience wishing to speak on this item. No one came forward to speak on this item. C/Tanaka moved, ClChang seconded, to approve the Multi -Year Capital Improvement Program for the City. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chang, Tanaka, MPT/Tye, MlHerrera NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Lyons 9, COUNCIL SUBCOMMITTEE REPORTS AND MEETING ATTENDANCE REPORTSICOUNCIL MEMBER COMMENTS: ClChang stated that residents can follow her on Facebook and Twitter. She recently judged Congressman Royce's STEM apps contest. There were a lot of women involved in coming up with an app for cell phones. There was a bathroom locator, one for eye medication solution, the ability to read comic books and the winner was Turtle TV, a TV guide app for the cell phone. All app creators were high school women. She thanked Congressman Royce for his focus on STEM education and its importance. MAY 20, 2014 PAGE 12 CITY COUNCIL C/Tanaka reported that he attended the Seniors Cinco De Mayo Dinner Dance and Ethics training class with Commission members given by CA/DeBerry. On Friday the City celebrated Arbor Day at Pantera Elementary School at which time the Arbor Day Poster contest winner was awarded a Target gift card. Students sang, read stories and told cute tree jokes. On Sunday he attended the Circle of Friends Hand Bell Performance and Awards Program at the Diamond Bar High School Theatre. He congratulated Chaparral Middle School teacher Brad Chapman who has been teaching for over 20 years and who will be retiring at the end of this school year. Mr. Chapman also served as the charter faculty advisor for the Leo's Club for the past 14 years. Last Wednesday was the LA County Fair Junior Fair Board Group Project Presentations and Award Night held at the historic Pomona Fox Theater. Sixteen high school seniors received a $2,000 scholarship for their participation in the two-year program. MPT/Tye stated that last weekend he attended the 55th Annual Municipal Seminar put on by California Contract Cities which provided an opportunity for him to turn the gavel over to Council Member Victor Manalo from Artesia who MPT/Tye knows will carry on the fine work of that organization. The group heard from Senator Huff and Senator Galliani relative to water bonds, water storage, the bullet train and other important issues. Tonight the City Council put together a carefully planned budget and the State needs to know that Diamond Bar and 70 plus other cities are advocating on behalf of those contract cities in Sacramento for the needs of the cities and to make sure that things are properly budgeted and monies are properly spent and in the best interest of cities. M/Herrera attended the Contract Cities Conference which was MPT/Tye's last opportunity as outgoing President to be at different sessions. The Board Members of Contract Cities were very appreciative of his work and CMIStefano's work on behalf of Contract Cities, both of whom were presented with special awards thanking them for their outstanding work. As MPT/Tye said there were a lot of sessions on economic development, group homes and the latest news from Sacramento. It was very educational and time well spent. She congratulated the young men from D.B. Soccer League U16 Boys Legacy FC Team. They make Diamond Bar very proud and all of Diamond Bar is proud of these young individuals. ADJOURNMENT: With no further business to conduct, M/Herrera adjourned the Regular City Council Meeting at 7:45 p.m. TOMMYE CRIBBINS, CITY CLERK The foregoing minutes are hereby approved this day of , 2014. MAY 20, 2014 PAGE 13 CITY COUNCIL CAROL HERRERA, MAYOR