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
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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
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A
SUNGARD PENTAMATION INC PAGE NUMBER: 5
DATE: 05/29/2014 CITY OF DIAMOND BAR ACCTFA21
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 - 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
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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
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EXHIBIT "A-3
ASSESSMENT DIAGRAM
�u49t y l ASSESSMENT DISTRICT N0. 38
YEAR 2014-2015
FISCAL
FOR THE
N - CITY OF DIAMOND BAR
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EXHIBIT 13-1"
ASSESSMENT DISTRICT NO.
FISCAL YEAR 2014-2015
AB11MMAL ARUS TO BE YAJNTA1NEf7
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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
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ASSESSMENT DIAGRAM
ASSESSMENT DISTRICT NO. 39
FISCAL YEAR 2014-2015
FOR THE
CITY OF DIAMOND BAR
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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
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ASSESSMENT DISTRICT N0. 41
FISCAL YEAR 2014-2015
FOR THE
CITY OF DIAMOND BAR
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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)
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NOTARY ACKNOWLEDGEMENT
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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
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SIGNATURE `Ylr�. ..L (� in MY COMMISSION N0. r,_c
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MY PRINCIPAL :PLACE OF:BUSNESS IS: IN. LOS. ANGELES COUNTY. a`uN.Y 2,:11s 1t:+ '.RENEINF
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NOTARY ACKNOWLEDGEMENT' AM SAY
STATE OF CALIFORNIA )a1 B THE
COUNTY OF LOS ANGELES ) SS. Naav9AAr•L:Namla
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APP a BEFORE..ME R W ° A NOTARY PUBLIC PERSONALLY
u aM___ WINO PROVED TO ME ON THE JON I
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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
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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