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051915 - Agenda - Regular Meeting
G .l City of Diamond Bar City Council Agenda Tuesday, May 19, 2015 6:OOp.m. - Study Session - Room CC -8 6:30p.m. - Regular Meeting The Government Center South Coast Air Quality Management District/ Main Auditorium 21865 Copley Drive, Diamond Bar, CA 91765 Steve Tye Nancy A. Lyons Mayor Mayor Pro Tem Carol Herrera Jimmy Lin Jack Tanaka Council Member Council Member Council Member City Manager James DeStefano • City Attorney David De Berry • City Clerk Tommye Cribbins Copies of staff reports or other written documentation relating to agenda items are on file in the Office of the City Clerk, and are available for public inspection. If requested, the agenda will be made available in an alternative format to a person with disability as required by Section 202 of the Americans with Disabilities Act of 1990. If you have questions regarding an agenda item, please contact the City Clerk at (909) 839-7010 during regular business hours. In an effort to comply with the requirements of Title II of the Americans with Disabilities Act of 1990, the City of Diamond Bar requires that any person in need of any type of special equipment, assistance or accommodation(s) in order to communicate at a City public meeting, must inform the City Clerk a minimum of 72 hours prior to the scheduled meeting. Have online access? City Council Agendas are now available on the City of Diamond Bar's web site at www.Cityof Diamond Bar.com Please refrain from smoking, eating or drinking in the Council Chambers. The City of Diamond Bar uses recycled paper and encourages you to do the same. THIS MEETING IS BEING BROADCAST LIVE FOR VIEWING ON TIME -WARNER CABLE CHANNEL 3 AND VERIZON FiOS TELEVISION CHANNEL 47, AS WELL AS BY STREAMING VIDEO OVER THE INTERNET AND BY REMAINING IN THE ROOM YOU ARE GIVING YOUR PERMISSION TO BE TELEVISED. THIS MEETING WILL BE RE -BROADCAST EVERY SATURDAY AND SUNDAY AT 9:00 A.M. AND ALTERNATE TUESDAYS AT 8:00 P.M. AND ARE ALSO AVAILABLE FOR LIVE AND ARCHIVED VIEWING ON THE CITY'S WEB SITE AT WWW.DIAMONDBARCA.GOV CITY OF DIAMOND BAR CITY COUNCIL AGENDA May 19, 2015 Next Resolution No. 2015-17 Next Ordinance No. 04(2015) STUDY SESSION: 6:00 p.m., Room CC -8, ► Conceptual Design for City Entry Sign located on Diamond Bar Boulevard at Brea Canyon Road. — Discussion and Action. Public Comments CALL TO ORDER: PLEDGE OF ALLEGIANCE: INVOCATION: ROLL CALL: APPROVAL OF AGENDA: 6:30 p.m. Mayor Monsignor James Loughnane, St. Denis Catholic Church Council Members Herrera, Lin, Tanaka, Mayor Pro Tem Lyons, Mayor Tye Mayor 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 Proclaiming May, 2015 as Water Awareness Month. BUSINESS OF THE MONTH: 1.2 Presentation of City Tile to OTC, a Lockheed Martin Company, 21700 Copley Drive, Suite 200 for May, 2015. 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. MAY 19, 2015 PAGE 2 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: 3. PUBLIC COMMENTS: "Public Comments" is the time reserved on each regular meeting agenda to provide an opportunity for members of the public to directly address the Council on Consent Calendar items or matters of interest to the public that are not already scheduled for consideration on this agenda. Although the City Council values your comments, pursuant to the Brown Act, the Council generally cannot take any action on items not listed on the posted agenda. Please complete a Speaker's Card and give it to the City Clerk (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 Memorial Holiday — City Offices will be closed on Monday, May 25, 2015 in observance of the Memorial Holiday. City Offices will reopen on Tuesday, May 26, 2015 at 7:30 a.m. 5.2 Planning Commission Meeting — May 26, 2015 — 7:00 p.m. — Windmill Community Room, 21810 Copley Drive. 5.3 Parks and Recreation Commission Meeting — May 28, 2015 — 7:00 p.m., Windmill Community Room, 21810 Copley Drive. 5.4 City Council Meeting — June 2, 2015 — 6:30 p.m., AQMD/Government Center Auditorium, 21865 Copley Drive. 6. CONSENT CALENDAR: 6.1 City Council Minutes: (a) Study Session of May 5, 2015. (b) Regular Meeting of May 5, 2015. Recommended Action: Approve. Requested by: City Clerk MAY 19, 2015 PAGE 3 6.2 Ratification of Check Register — Dated April 30, 2015 through May 13, 2015 Totaling $709,488.87. Recommended Action: Ratify. Requested by: Finance Department 6.3 Appropriate $119,503 of Gas Tax Funds to the FY 14-15 CIP Budget for FY 2014-15; Adopt Resolution No. 2015 -XX Approving Plans and Specifications and Establishing a Project Payment Account; Award the Construction Contract for the Area 3 Residential and Collector Road Maintenance Project (Bounded by Pathfinder Road to the North, Pathfinder Road/City Limit to the West, Diamond Bar Boulevard to the East and City Limit to the South) to All-American Asphalt Inc. in the Amount of $1,488,000 and Authorize a Contingency Amount of $111,600 (7.5% of the Total Contract) for Contract Change Orders to be Approved by the City Manager, for a Total Authorization Amount of $1,599,600. Recommended Action: Appropriate, Adopt and Award Requested by: Public Works Department 6.4 Authorize the City Manager to Execute a Contract with Go -Live Technology, Inc. for Professional Services in an Amount Not -to - Exceed $75,000 for the Period of July 1, 2015 through June 30, 2016. Recommended Action: Authorize. Requested by: IS Department 6.5 Award a Design and Construction Management Services Contract to Iteris, Inc. for Traffic Signal Infrastructure Upgrades in the Amount of $88,790 Plus a Contingency Amount of $9,000 for Change Orders to be Approved by the City Manager for a Total Authorization Amount of $97,790. Recommended Action: Award. Requested by: Public Works Department MAY 19, 2015 PAGE 4 6.6 Appropriate $39,000 from the Vehicle Maintenance and Replacement Fund and Award of Bid to Fritts Ford of Riverside, for the Purchase of Two (2) 2015 Ford F-150XL and One (1) Ford F-250 XL from the Fiscal Year 2014-2015 Auto Equipment Replacement Fund in the Amount of $78,682.55. Recommended Action: Appropriate and award. Requested by: City Manager 6.7 Approve an Additional Amount of $40,000 for Professional Services with Simpson Advertising, Inc for Specialty Graphic Design Services for FY 2014115 in an Amount Not -to -Exceed $120,400. Recommended Action: Approve. Requested by: Public Information 6.8 Adopt Resolution No. 2015 -XX: Approving the Application for Grant Funds from the Los Angeles County Regional Park and Open Space District for the 2015 Countywide Competitive Grant Program for the Sycamore Canyon Park Stream Realignment Project and Approve the Adoption of the Youth Employment Plan Required by this Grant. Recommended Action: Adopt. Requested by: Community Services Department 6.9 Adopt Resolution No. 2015 -XX: Setting Proposition 4 (Gann) Appropriations Limit for Fiscal Year 2015-16 in Accordance with the Provisions of Division 9 of Title 1 of the Government Code. Recommended Action: Adopt. Requested by: Finance MAY 19, 2015 PAGE 5 7. PUBLIC HEARINGS: 6:45 p.m., or as soon thereafter as matters may be heard. 7.1 Lighting and Landscape Districts 38, 39 and 41. (a) Adopt Resolution No. 2015 -XX: Levying an Assessment on Landscaping Assessment District No. 38 for Fiscal Year 2015-16. (b) Adopt Resolution No. 2015 -XX: Levying an Assessment on Landscaping Assessment District No. 39 for Fiscal Year 2015-16. (c) Adopt Resolution No. 2015 -XX: Levying an Assessment on Landscaping Assessment District No. 41 for Fiscal Year 2015-16. Recommended Action: Receive Staff's Presentation; Open the Public Hearing; Receive Testimony; Close the Public Hearing and Adopt (a) Resolution No. 2015 -XX (District 38); (b) Resolution No. 2015 -XX (District No. 39) and (c) Resolution No. 2015 -XX (District 41). Requested by: Public Works Department 8. COUNCIL CONSIDERATION: None. 9. COUNCIL SUB -COMMITTEE REPORTS AND MEETING ATTENDANCE REPORTS/COUNCIL MEMBER COMMENTS: 10. ADJOURNMENT: DATE: May 19, 2015 illY�9'�9[�L_ INTEROFFICE MEMORANDUM TO: Honorable Mayor Tye and Members of the City Council FROM: James DeStefano, City Manager SUBJECT: DIAMOND BAR LANDMARK ENTRY FEATURE AT DIAMOND CANYON PARK The Willow Heights residential community and adjacent public park ("Diamond Canyon Park") are being constructed by Lennar Homes in accordance with the development standards and specifications set forth under the Site D Specific Plan and related Development Agreement, as approved by the City Council in 2012. Because of the project site's prominent location at one of the City's key entries, the Site D Specific Plan included the following project requirement: A significant entry feature shall be located in proximity to the intersection of Diamond Bar Boulevard and Brea Canyon Road. This feature will serve as a prominent landmark signifying that this location marks a key entrance into the City. The landmark entry feature must be designed so that it bears special significance to the City of Diamond Bar, with references to the City's history and/or natural attributes. The landmark entry feature will be located within Diamond Canyon Park. Lennar is required to fully fund the design and construction costs associated with this feature, and will dedicate it to the City along with the park. To ensure that the City's vision for the landmark is faithfully realized in the final product, a committee comprised of Planning Commission Chair Ruth Low and representatives from the City Manager's Office, Community Services and Community Development was formed to guide the design process. At staff's request, Lennar hired Clark & Green Associates, an award winning, nationally recognized landscape architecture, to design the entry feature. The design criteria established for this project included the following guiding principles: Study Session: City Entry Landmark at Diamond Canyon Park May 19, 2015 1 The entrance to the Diamond Bar Ranch (see photo below) was located near the intersection of present-day Diamond Bar Boulevard and Brea Canyon Road. As such, Diamond Canyon Park is the most appropriate location to commemorate this iconic reference to Diamond Bar's origins. � r 2. Diamond Bar's period of historic significance traces back to its origins trace back to being one of the most prosperous cattle ranches in the region. Therefore, the entry feature should incorporate strong visual references to this period in Diamond Bar's history. 3 The Grand Avenue Beautification Project _ _ »-_ established a palette of materials and graphic elements intended to create a serve as a unifying design foundation for Citywide streetscapes and other public spaces. It follows, then, that the proposed entry feature should assimilate appropriate elements of the Citywide streetscape palette into its design. Bob Clark and his design theme embraced these guiding principles to create a setting that is not only a prominent visual marker to the southern entrance to Diamond Bar, but also tells the story of Diamond Bar's origins through imagery that park visitors can enjoy at a human scale. The attached drawings, as well as more detailed exhibits to be presented at the study session, depict the following features that characterize Diamond Bar's past and present: • An interpretive re-creation of the original Diamond Bar Ranch gateway. The sign panel affixed to this structure incorporates the graphics originally developed for the Grand Avenue Beautification Project. The sign panel includes backlighting in a manner similar to the new City entry monument sign to be constructed at Grand and Longview, and in future locations within Diamond Bar; • Free-standing, life-size Corten steel cattle cut-outs, capturing the iconic images of cattle grazing in the areas rolling hills; • Stone column monument bases that match the stone cladding at the Diamond Bar Center and the new City entry monument signs; and • A landscape setting featuring oaks, sycamores and other plant materials that celebrate Diamond Bar's natural setting. Two design alternatives are included with this memorandum—both incorporating all of the above elements—are provided for discussion and consideration: Option 1 places the archway structure at the base of the slope where the Corten steel cattle will be located. This creates a more compact composition of all of the design components. Study Session: City Entry Landmark at Diamond Canyon Park May 19, 2015 Option 2 places the archway over the adjacent pedestrian path and adds a picnic area between these features. This option provides the opportunity for the archway to mimic the function of the original Diamond Ranch gateway, as well as give park visitors the experience of passing through a "portal" into Diamond Bar's history. The picnic area allows visitors to linger and enjoy this unique setting. Staff is requesting that the City Council: 1. Endorse of the design based on its conformity with the Site D Specific Plan's requirement for the landmark feature, the Citywide streetscape design palette established under the Grand Avenue Beautification Project, as well as for its overall excellence in design. 2. Provide direction to staff as to which of the two options to proceed with as we move into the construction phase. 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Mkt � � +��� t a . # aye, •� i� �� yS�� t A ii ��l �i*_! : 1N� A 1 v r, 0 �Q � m V N cE o c o o E o C y � c o =cu N N N m 'u N v GO p ❑ O_ v 'p C E 0 3 U$ b U OC 1 v r, N V N O rrkluV C � � cu N U W O ro N cu U U C - Q— m � L O rd u z : °Au O m u ° Uw ate° J.� CLr) T r: i C)r 4-1 CLt>_: O\� CU 'U Q Zm O� _W (1)o r� LJ v ro a G N G b > ° r� LJ Y -F v a) co N O N = N CD 6 N N N U \ m o o� \\ O T .1U 31� O ll � a3 0 ll � i U �`I Q Cd 0 0 0 m = v a) N O N = N C O J N N N U m o o� u .1U 31� a3 0 CL D� >V >w m Zo J.rz� r �,r L Agenda No. 6.1(a) CITY OF DIAMOND BAR CITY COUNCIL STUDY SESSION MAY 5, 2015 STUDY SESSION: M/Tye called the Study Session to order at 5:17 p.m. in Room CC -8, South Coast Air Quality Management District Center, 21865 Copley Drive, Diamond Bar, CA 91765 Present: Council Members Carol Herrera, Jack Tanaka, Mayor Pro Tem Nancy Lyons, and Mayor Steve Tye. Council Member Jimmy Lin arrived at 5:25 p.m. Staff Present: James DeStefano, City Manager; David DeBerry, City Attorney; Dianna Honeywell, Finance Director; David Liu, Public Works Director; Bob Rose, Community Services Director; Greg Gubman, Community Development Director; Amy Haug, Human Resources Manager; Kimberly Young, Senior Civil Engineer; Ken Desforges, IS Director; Anthony Santos, Senior Management Analyst; Marsha Roa, Public Information Manager; Christy Murphey, Recreation Superintendent; Anthony Jordan, Parks Maintenance Superintendent, and Tommye Cribbins, City Clerk. PUBLIC COMMENTS: Dave Reynolds stated that he is concerned about the rise in crime that he has seen during the past year and was here this evening to learn about the contract terms and details regarding the Sheriff's Department contract and the possible opportunities the City may have for increased public safety and fighting to keep crime as low as possible. Mr. Reynolds also stated that he appreciated C/Herrera's comments at the last meeting that what makes this City different is the number of community events which provides more of a community feel. Lori Igoglia, Volunteer of the Year, said she was present to support the Sheriff's Department and wanted to make sure that they have everything they need to keep protecting the citizens through this budget. Brian Worthington said he wanted to make sure the City had all of the technology possible to provide a good return on investment for the community and make sure the City's expenditures are increasing year after year to the degree possible while reinvesting in public safety. ► DRAFT FISCAL YEAR 2015-16 CITY COUNCIL BUDGET — Discussion and Action. CM/DeStefano reported that this is the second study session held to discuss the Budget for 2015-16 Fiscal Year including General Funds, Special Funds and Capital Improvement Program. This is the largest budget the City has seen primarily as a result of a $20 million Capital Improvement Program and an aggressive $44 -$45 Million Five -Year Capital Improvement Program that PWD/Liu and CSD/Rose will present this evening. Overall, this budget is a rollover of last year's expenditures. Staff is aggressively moving forward in the MAY 5, 2015 PAGE 2 CC STUDY SESSION Capital Improvement Projects, some of which will not be completed as scheduled during the 2014-15 Fiscal Year but will be part of the early completion of the 2015-16 budget year which is part of the reason there is a use of reserves this year in order to feed the rollover projects. FD/Honeywell stated that after the last study session, Council provided staff with items for follow up, one of which was the funding of the OPEB obligation to fund health insurance with an additional $96,000 that will be transferred in the current FY 2014-15 numbers. Proceeds from developer fees received from Lennar Homes will be reinvested into various funds such as Traffic Mitigation, Vehicle, Equipment and Building Maintenance, OPEB and the General Plan. Most of the changes are in FY 2014-15. Revenue is increased slightly and will be transferred from the General Fund to Fund Balance Reserves to the CIP Fund ($21,000). There is also an increase of about $20,000 in expenditures that is being paid to the city prosecutor for Code Enforcement purposes. M/Tye asked if the City recovers the costs for code enforcement. CM/DeStefano said "not always." On the larger cases the City seeks funds it has expended. As an example, the City should soon be receiving most if not all resources that were expended on the Decorah case and costs were recovered on the Shell Station. FD/Honeywell stated that there were expenditures in 2014-15 and 2015-16 being reclassified from AB 2766 to the General Fund. This occurred after a meeting staff had with the AQMD during which staff was advised that some of the projects the City had identified were not eligible for AB 2766 funds. MPT/Lyons asked what the AB 2766 fund was. FD/Honeywell responded that it is air quality funds the City receives for projects that qualify for those funds which reduce emissions and improve air quality. Previously, the funds were used for a transit pass system, hardware and software which are being phased out. The AQMD wants to see more alternative fuel vehicles, traffic management programs, etc. CM/DeStefano stated that the reason some of these projects are not eligible comes about as a direct result of staff within the AQMD making ever-changing interpretations and decisions on what is and what is not eligible. The City budgeted based on what the City had been told late last year and based on conversations City staff recently had with AQMD. Things that were originally budgeted are now not considered to be eligible. It seems that the game changes on the City every month. For example, the City used to be able to buy fuel efficient vehicles with those dollars and now the only vehicles that are left to purchase are vehicles that don't work for the City. MAY 5, 2015 PAGE 3 CC STUDY SESSION FD/Honeywell stated that the total decrease to the General Fund Reserves between the April 21 Study Session and today is about $240,000, $96,000 of which went to OPEB. FY 2015-16 through 2019-20 Multi Year CIP — Discussion and Action FD/Honeywell stated that the Five -Year CIP is a planning tool for staff and the City Council adopts only one year at a time. Staff looks at a global view of what it wants to accomplish but as priorities and funding change, so does this document. If the budget is adopted this evening the City Council will be appropriating funds for 2015-16 CIP only. PWD/Liu provided a powerpoint presentation and reported that with this planning tool, staff is able to strategize the use of the City's revenue and resources and coordinate the timing of the City's infrastructure improvements. By considering all projects in one planning document staff has a more comprehensive view of the City's capital needs. In addition, this five-year CIP provides the City Council a means to determine capital priorities and provides continuity in carrying out those projects. Project selection is based on citizen input, data from the City's Pavement Management Program, Parks Master Plan, City Council Priorities, General Plan Goals and information from staff. This plan represents an investment of $44 million over a five-year schedule. Based on the five-year projection, approximately $2.4 or 5.5 percent is expected to be paid from the City's General Fund. Projects slated for Fiscal Year 2016-17 through 2019-20 do not receive spending authority until allocated in a CIP for a specific fiscal year. Capital Improvement Projects are divided into the following categories: Street Maintenance, Traffic Management and Safety Projects, Transportation and Infrastructure Projects, Miscellaneous Public Works Projects and Parks and Recreation Projects. PWD/Liu noted that 59 percent of the five-year CIP expenditures are slated for Street Maintenance and Traffic Management Safety. PWD/Liu explained the proposed and carryover 2015-16 projects for street maintenance grind and overlay, slurry seal or chip seal projects on residential streets and arterial roadways on a semi -year cycle for each neighborhood to extend the service life of the roadway infrastructure. MPT/Lyons asked for explanation of the proposed Morning Canyon parkway improvements. Several options were proposed during a recent City Council meeting and as directed by the City Council at that time, staff is looking into expanding the parkway from its existing 10 foot width to 18 feet (an additional 8 feet), the purpose of which is to accommodate and save as many of the Stonepine trees as possible. Staff has an idea about how to design and build the project but one issue that needs to be closely studied is the vehicle parking impact and staff has come up with the areas where it believes parking will be impacted and those facts are being communicated to the residents. MAY 5, 2015 PAGE 4 CC STUDY SESSION CSD/Rose said that staff received an "informal" rendition of the plan that was previously posted without much response from residents. The simplified version will again be posted on the trees and also be sent out to the homeowner's association again to make sure that it is clear what the City is proposing in order to attempt to get some feedback. M/Tye asked if CSD/Rose was referring to a proper association or to an x number of addresses within the homeowner's association. CSD/Rose responded that staff contacted the management company and a board member on the association. To date only three residents responded. MPT/Lyons asked how many association members there were. CSD/Rose responded that the last mailing was about 200. CSD/Rose reiterated that staff has been working with the management company that helps the association and the only association involved is the complex where the trees actually reside. MPT/Lyons asked if there were condos on the other side of the street. CSD/Rose said yes but not where the trees are located. MPT/Lyons felt the project would still impact that complex with respect to parking. CSD/Rose responded that it was possible and said that staff could contact that association as well. MPT/Lyons said the City might want to contact the management company as well to cover all bases. PWD/Liu stated that there is about $40,000 from the General Fund within the 2015-16 proposed budget and staff is looking at other possible funding mechanisms including grant funds. Area 3 will take place in the next month or so and the area in purple on the chart is proposed to take place next summer. PWD/Liu reported that the Traffic Management and Safety project includes the ongoing Neighborhood Traffic Management Program which has been a very valuable tool for staff to be able to consider a number of traffic calming tools that address speeding problems within the neighborhoods. Currently, there are two potential neighborhoods in line for consideration: north end of Armitos and Clear Creek neighborhoods. The other project of note is the Traffic Signal Infrastructure Upgrades. Last year the City completed the Traffic Signal Operation and Maintenance Plan which identified a three-year maintenance program in order for the City to upgrade some of the outdated signal equipment. Upgrades include rewiring intersections and replacing copper cable with fiber optic cable, updating some signal components such as modulators, signal MAY 5, 2015 PAGE 5 CC STUDY SESSION cabinets, pedestrian push buttons, video detection cameras and replacing signal controllers in firmware. C/Lin asked if the proposal was to update every signalized intersection throughout the City. PWD/Responded that C/Lin was correct. PWD/Liu talked about the project proposed at the intersection of Golden Springs Drive and Copley Drive which will respond to conditions noted by the Sheriff's Department and the City's Engineer that the green ball turn should be eliminated so that drivers can only make a left turn on a green left turn arrow. In addition, due to the volume of traffic, the City needs to add a second left -turn pocket. Two other intersections mentioned in the 2015-16 CIP is the Brea Canyon Road at Lycoming and Brea Canyon Road at Pathfinder Road improvements which are identified as part of the Industry East project for City of Industry mitigation. The City of Industry proposes to widen the Brea Canyon Road/Lycoming intersection with smaller scale lane reconfiguration at Brea Canyon Road and Pathfinder. Staff has identified the appropriate traffic mitigation fees in the CIP. However, Diamond Bar is performing its own analysis of the situation and ultimately, whatever improvements are presented to the City Council will be based on the City's needs and not necessarily on the findings of the City of Industry. Similarly, if the City of Industry mitigation measures over the years had been adopted for Grand and Diamond Bar Boulevard all four corners of the intersection would have been "blown up" and additional right-of-way takings would have significantly impacted the business. PWD/Liu talked about Transportation Infrastructure Improvements which include the Lemon Avenue/SR/60 Interchange. C/Lin asked if this project was totally within the City of Diamond Bar and what the total share of cost to the City would be. PWD/Liu responded that staff applied for county, federal and City of Industry monies and the City's contribution totaling about $6 million of the $20 million total cost. CM/DeStefano reiterated that none of the contribution is General Fund dollars from Diamond Bar. PWD/Liu explained that the City of Industry's contribution is part of the mitigation money. CM/DeStefano stated that when City of Industry built the warehouses and retail between Valley Boulevard and the freeway and between Brea Canyon Road and Grand Avenue, there was a variety of mitigations that were built into the EIR to MAY 5, 2015 PAGE 6 CC STUDY SESSION deal with traffic and part of that is going to be occurring at Lemon Avenue and part of it will be the future Grand Avenue and freeway improvements. C/Lin asked if these projects were taking any land from the school district. PWD/Liu responded "no." C/Lin said the superintendent asked him that question. With a budget of $5.9 out of almost $20 million for CIP, this is the big ticket item. Miscellaneous Public Works Improvements has a budget amount of almost $3.9 million. Projects in this category include the Grand Avenue Beautification project which will commence May 20. With this project, the streetscape standards will be set for all future developments in the City. Also included is the Peterson Park parking lot improvements. The existing parking lot at Peterson Park is in need of reconstruction and staff is looking to replace the asphalt pavement as well as mitigating the drainage. Staff felt that this project should consider adding 34 parking stalls. MPT/Lyons asked where the additional parking spaces would be placed. PWD/Liu pointed to the overhead map showing how the entire area would be modified by creating parking spaces on both sides. CSD/Rose said that would push into the park and necessitate a redo of the sidewalk which creates diagonal parking on both sides. Similarly at Ronald Reagan the parking lot will be reconstructed and about 12 parking spaces will be added by removing the turnaround area. MPT/Lyons asked if additional parking was needed at Ronald Reagan. PWD/Liu responded yes. CM/DeStefano said that parking was tougher because it is on top of the hill versus Peterson where additional spaces are available immediately adjacent on the surface streets. MPT/Lyons said it seemed to her that when she goes by Peterson Park the parking lot is jammed; however when she goes by Ronald Reagan it's does not seem to be jammed. CM/DeStefano said the parks enjoy completely different intensities of use but there is a skate park and a variety of other things that occur at Peterson. MPT/Lyons said she agreed and that she did not believe it was very jammed at Ronald Reagan. MAY 5, 2015 PAGE 7 CC STUDY SESSION CSD/Rose said the parking is an issue at Ronald Reagan mostly on weekends when the park hosts large picnics and other large events which causes people to park up and down the street. PWD/Liu continued stating another project that will take place this summer is the Diamond Bar Boulevard/Brea Canyon Road intersection enhancement. Staff is working very closely with Lennar and their engineer and architect so that the intersection will get almost the same treatment as the Grand Avenue and Diamond Bar Boulevard intersection. M/Tye asked if the decorative crosswalk would not be any wider. PWD/Liu said that it would not. C/Lin said there is a pending lawsuit and cities have to make sure the materials used for pavement areas is not slippery when wet, especially for bicycles and pedestrians. PWD/Liu said that not shown on the map are the Groundwater Drainage Improvements. Currently, staff is in the process of finalizing the study and has looked at a total of 11 locations throughout the City. Going forward, staff is proposing a budget of about $200-$220,000. The idea is to have a budget to consider some locations for improvements. While staff has studied these 11 locations it has not yet made a determination in terms of what the specific locations should be. MPT/Lyons asked if locations would then be prioritized PWD/Liu responded affirmatively. In terms of the list there are two locations, for which staff has not been able to estimate the cost for improvements. Where new storm drains are proposed the cost can be significant and while considering these improvements staff also looks at the benefits to the public. Some locations will benefit more residents and fewer members of the general public. It is not just a liability issue but the benefits to the community as well. Most Council Members have been contacted by residents living on Flapjack but there are similar issues in other neighborhoods. Once the study is completed staff will present its findings and recommend priorities. In addition, staff is proposing additional budgets for future year CIP projects. 2015-16 is the beginning year and this is the year staff intends to complete its study and begin setting aside one or two locations for each fiscal year in the five-year plan. MPT/Lyons asked if funds have been set aside for these types of improvements in past budgets. PWD/Liu responded that staff has conducted drainage improvement projects in the past on the north end of the City and Meadowglen. These projects were done as standalone projects. Working on these issues over the past five years MAY 5, 2015 PAGE 8 CC STUDY SESSION gave staff a clear picture of what needed to be done; hence, the comprehensive study. PWD/Liu spoke about the Sewer System Master Plan. Similar to the Groundwater issue, staff wants to do a comprehensive evaluation of the City's public sewer system which includes the 10 pump stations in Diamond Bar. Recently, staff met with the State of California and the County Department of Public Works. While there are differing opinions as to who owns what, the City needs to look at the condition and maintenance operations as performed by the Public Works Department because as far as the State is concerned, Diamond Bar owns its sewer system and from that perspective, the City is responsible for providing the Master Plan. M/Tye asked why individual property owners are billed for a County Sewer Fee on their tax bills. PWD/Liu responded that the State is saying that the system is being operated and maintained by the countywide maintenance district and the ownership lies with the City. C/Lin asked if in the future the City would be responsible for repair of laterals. CA/DeBerry said that one of the issues under discussion is that there is a Sewer Maintenance District and as indicated by M/Tye, property owners are assessed for this District. The debate with the County is "how can you push those maintenance repair costs off on the City when it created a Sewer Maintenance District for the very purpose of assessing property owners to pay for the maintenance. PWD/Liu said to clarify his response to C/Lin, the Maintenance District does almost everything except determine capacity permits, meaning, if there is a breakage or something needs to be done within the mainline area the Maintenance District will perform the mitigation. Anytime capacity has to be increased due to new developments or deficiencies, added additional capacity becomes a financial matter for the City. MPT/Lyons asked if the developer would have to kick in something. PWD/Liu said that using Willow Heights as an example, when developing conditions, the developer gave the City mitigation money specifically for the pump stations. Bottom line is that the City needs to have further discussions with the County but the City cannot sit idle without having a Master Plan. CSD/Rose spoke about the design of Heritage Park and Community Center improvements which started this year and will continue through next year and will include a design for refurbishing the community center and improvements for the entire park site. What could have been included in this item was the design and MAY 5, 2015 PAGE 9 CC STUDY SESSION construction doing this as a two year project with construction taking place in the next Fiscal Year. With construction taking place in the next fiscal year he left it off of the five-year CIP (it will be added next time) because technically the City does not design a project without constructing it at some point. The City has about $700,000 that may be available from the Lennar Homes project for this project. Improvements for Longview Park South — this was an old district park that was created when the neighborhood was built in the mid -eighties. The play equipment was put in at that time and it needs to be made accessible with a rubberized surface, sidewalks, etc. The same is true of Stardust Park except that Stardust Park has some walkways. Stardust and Longview will take almost $481,000 from the General Fund which is a lot of money. He and CM/DeStefano have talked about Longview South being a higher priority because of access and walkway issues. For Stardust the City may be able to do the ADA Retrofit using part of the $118,000 available for Longview and Stardust with the CDBG portion that is funded and save the $240,000 for other projects such as possibly moving forward with the rubberized surfacing at Heritage Park, Peterson Park, possibly a Master Plan for Peterson Park since the City is doing so many improvements at that site, update of the Trails Master Plan to include new trails, and moving forward with the construction of Heritage Park after the design is completed. Some of the other projects include ADA Improvements at Stardust and Longview South which are CDBG funded for the walkways and hardscape. The rubberized surfacing, while required, is not covered by CDBG (a federal unfunded mandate). Replacement of the rubberized play surface at Longview North is needed because it has seen its life span. Resurfacing was completed this year at Maple Hill, Pantera and Ronald Reagan Parks and Longview North is the next location on the list. Another project is to place trail information map panels at nine (9) trailheads. While the trails are not ADA Accessible it is important to show what kind of accessibility is available. So if a person wants to be in a hiking wheel chair with their friends they know before they commence the hike what they will face. The handicap ramps on the roadways that lead to Longview South and Stardust need to be updated for ADA Accessibility. The Steep Canyon Trail connector and the Pantera Park trail are in design and close to moving to construction documents. The swing set at Longview North will be included when the rubberized surface is replaced and additional play equipment is installed. The bridges at Sycamore Canyon Park were installed when the park was first developed in the 1970's. Because of the abutment design for the two bridges, in order to accomplish ADA Accessibility across those bridges they need to be raised to obtain a flatter pathway. A civil engineer will not accept the liability for raising the current abutment to accomplish the design and the City will need to move forward to redesign the bridge to comply. MPT/Lyons said why not do just one bridge MAY 5, 2015 PAGE 10 CC STUDY SESSION CSD/Rose said that the bridge closest to the restroom building could be done first which would require removal of the handicapped parking stalls near the other bridge and put off doing the second bridge and staff would have to make certain that sufficient handicapped parking spaces would be available for accessibility to the park and, as staff has been told, with the most direct route. M/Tye suggested doing one bridge only and not doing the second bridge. MPT/Lyons said it would be half. CSD/Rose said he did not believe it would be exactly half because there is an economy of scale doing two at the same time because of the design but by doing only one bridge the City could possibly save $25,000 to $30,000. CM/DeStefano recommended that Council move forward with the proposed budget and because the Council will be involved in the award of contract for the Sycamore Canyon Park Improvements by then. M/Tye asked if there was money budgeted for the skate park. CSD/Rose responded that there is money at this time. CM/DeStefano said it may get done by June 30, 2015 or by July 30. MPT/Lyons asked about Lorbeer fields. CSD/Rose said those would be fenced off the end of the school year and the grass seed will be replanted. There will be more time for the seed to take hold and the grass to grow because last year it could not be done until after the fireworks show. PWD/Liu talked about future CIP budget projections. During FY 2016-17 the budget is projected to be about $15 million. Annual efforts will continue to maintain roadways in Area 5. Significant projects include the SR57/60 Confluence Project which will commence construction of the first phase. Phase II is the intersection improvements at Golden Springs Drive and Grand Avenue. Staff is working closely with the City of Industry design team on a monthly basis to understand what design improvements are proposed for the Diamond Bar gateway. Based on their schedule, they are looking at starting the project September/October 2016. In addition to the intersection improvements, they are looking at improving the golf course frontage to widen the roadway as well as, to relocate the golf cart tunnel closer to the City. Staff believes the City can obtain new funding/grants for two intersections that are proposed for streetscape beautification (Golden Springs Drive at Lemon Avenue and Golden Springs Drive at Diamond Bar Boulevard). Groundwater Drainage Improvements will be in the second year of the ongoing effort and depending on what the Master Plan says MAY 5, 2015 PAGE 11 CC STUDY SESSION there will be proposed upgrades at pump stations because staff believes the deficiencies will be at the pump stations and not at the mainline. CSD/Rose said that with respect to FY 2016-17, staff believes that the Heritage Park project will be carried over to 2016-17. Other projects include new playground equipment and surfacing at Paul C. Grow Park and playground equipment and surfacing at Peterson Park. PWD/Liu said that staff is projecting a 2017-18 budget of $3.8 million which includes annual road maintenance projects and two beautification project intersections. CSD/Rose reported that there is a project at Sycamore Canyon for creek repair and construction of tot lot wall. The purpose of the tot lot wall is to keep the creek from going into the tot lot whenever the creek overflows. Lodge pole pins were installed to keep kids from running into the creek. The creek repair is to deal with erosion issues. Other projects include surfacing at Starshine Park and athletic facility improvements to Lorbeer middle field. Staff sees Lorbeer and South Point Middle School as placeholders for some type of athletic facilities. Other opportunities may arise that are not listed in the CIP but according to the Parks Master Plan it is something that is desired by the community and staff is looking at a timeframe when the City might be able to move into that arena after some of these other higher priority projects have been completed, especially those that have health and safety implications and rehabilitation of some of the more valuable assets. Playground equipment was put in Maple Hill Park about 1995 and will be replaced. Maple Hill Park is used extensively because of the elementary school across the street. MPT/Lyons asked if staff was looking for grants for all of the above. CSD/Rose responded that there are not many grants available for playground improvements. What is more likely is that grant funds would be available for the Sycamore Canyon Creek Repair through Riparian Habitat Grants. CM/DeStefano said that CSD/Rose has done a great job in securing grants for open space areas such as the trail areas. Parks in general were never eligible for grants due to the City's household income and a variety of other features that we love in the community but that make the City ineligible for the kinds of grants available to other communities. MPT/Lyons asked if the grass could be taken out of Lorbeer so the City could get rebate credits for installing artificial turf. CM/DeStefano said he did not know the answer. The eligibility is there. It is a matter of whether PUSD wants to do it and the cost benefit is there. Right now they are offering a $2 per square foot rebate which he and CSD/Rose are looking MAY 5, 2015 PAGE 12 CC STUDY SESSION at for removal of the turf on several of the City's existing medians and replacing it with the $2 per square foot the City can receive from MWD. CM/DeStefano asked if there are any other projects staff would like to highlight and then respond to Council's questions due to time restraints. CSD/Rose showed a slide of Sycamore Canyon Creek and what looks like a clip on the left side of the photo behind the tree. That is cutting toward the trail. The creek goes straight back from the two trees on the right side and there is a big area that has been eroded on the left side which will eventually eat into the trail and eventually compromise the storage yard. Staff's goal would be to redirect the creek back to where it was intended to be. PWD/Liu spoke about 2019-20 and stated that staff is staying with the planned schedule for various master plans. CSD/Rose pointed out that the lower picture is the trailhead at Peterson Park which needs an access over the bench drain and signage. Staff will seek grant funds for this project. C/Lin asked for an explanation of selling Prop A Funds. CM/DeStefano explained that cities can sell Prop A transportation dollars to other cities that have a greater need. It is a commodity and there is a market. The sale is negotiated for a certain amount on the dollar and those dollars go back to the City as General Fund dollars which can be used for any purposes. The last time the City sold Prop A Funds for 75 cents on the dollar. 65 to 75 cents is generally what the market bears. C/Lin asked if it is standard that cities negotiate contracts for public safety or is there a standard contract. CM/DeStefano responded that it is a little bit of both. There is a standard contract with standard components that every one of the 42-43 cities that subscribe to sheriff department services must agree to without any changes and the price points for different services (deputies, cars, etc) are pre -determined so those numbers cannot be negotiated. However, when it comes to specialized services and the exact deployment the city wants, that is a separate menu and cities can purchase deputies, programs, etc. with each city looking to fill their needs from these menu item selections which they purchase. C/Lin asked if the Liability Trust Fund was mandatory. CM/DeStefano and FD/Honeywell responded "yes." There is an oversight committee that argues with the County about the number each and every year, but it is mandatory and for this coming fiscal year there was a significant jump, MAY 5, 2015 PAGE 13 CC STUDY SESSION not because of anything Diamond Bar did but because of things that happened in the other contract cities. M/Tye said that Contract Cities which is an association did negotiate a holiday from the Liability Trust Fund Contribution for two or three years. CM/DeStefano said he was the Chairperson of the City Manager's Committee during the same year M/Tye was the President which is when the contract with the County was negotiated and the City re -upped for a five-year term. C/Lin said he thought the school district was a separate taxing entity and asked why the City should be worried about selecting a field at a school. CM/DeStefano said it stems from the fact that the City does not have enough flat acres to provide athletic resources for the community from tots to seniors and the schools are an opportunity for the City to joint venture, which the City does so wherever it can and has longstanding agreements with PUSD and WVUSD for those purposes. The City invests resources which they get to utilize during the day and the City gets to utilize during nights and weekends. M/Tye said "they have what we need which is space, and we have what they need which is money to maintain it." C/Lin asked if it was common that certain resources fluctuate dramatically from year to year and if so, how does the City budget future years. FD/Honeywell said that some of it has to do with grant funding and how many CIP projects the City is able to complete. Sometimes these projects have reimbursable grants and the City incurs the expenditure and then gets reimbursed once the project is completed. C/Lin asked how it impacted salaries and manpower. FD/Honeywell explained that the General Fund remains fairly stable and the revenue sources in the General Fund which is what is used to pay salaries and benefits remains relatively stable. It is the other funds that go up and down based on the projects that the City completes. CSD/Rose explained that the Safe Parks Act is a two part Act one part having taken effect in 1992 and the other in 1996. 92 has expired and beginning July 1 the City will no longer get the 1992 revenue from the Safe Parks Act which was about two thirds of the revenue from the Safe Parks Act and as a consequence, the City's revenue is significantly reduced. C/Herrera thanked staff for doing the analysis of different cities which was very interesting and valuable information. She was surprised to find that what Diamond Bar is compensating its Commissioners is at about the median point of MAY 5, 2015 PAGE 14 CC STUDY SESSION all of the cities so surprisingly, Diamond Bar is doing quite well and she believes the same level should be maintained. C/Lin said he agreed with C/Herrera. ADJOURNMENT: With no further business to come before the City Council, M/Tye adjourned the Study Session at 6:30 p.m. TOMMYE CRIBBINS, City Clerk The foregoing minutes are hereby approved this day of 12015. STEVE TYE, Mayor Agenda No. 6.1(b) MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR MAY 5, 2015 STUDY SESSION: Public Comments: Study Session adjourned: 5:17 p.m., Room CC -8 ► Draft FY 2015-16 Budget — Discussion and Action ► FY 2015-16 19/20 Multi Year CIP — Discussion and Action. None. 6:30 p.m. to Regular City Council Meeting CALL TO ORDER: Mayor Tye called the Regular City Council meeting to order at 6:31 p.m. in the South Coast Air Quality Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar, CA. PLEDGE OF ALLEGIANCE: Mayor Pro Tem Lyons led the Pledge of Allegiance. INVOCATION: Pastor Mark Hopper, Evangelical Free Church gave the invocation. ROLL CALL: Council Members Herrera, Lin, Tanaka, Mayor Pro Tem Lyons and Mayor Tye. Staff Present: James DeStefano, City Manager; David DeBerry, City Attorney; Ken Desforges, IS Director David Liu, Public Works Director; Bob Rose, Community Services Director; Dianna Honeywell, Finance Director; Greg Gubman, Community Development Director; Amy Haug, Human Resources Manager; Kimberly Young, Senior Civil Engineer; Anthony Santos, Senior Management Analyst; Marsha Roa, Public Information Manager; Christy Murphey, Recreation Superintendent; Anthony Jordan, Parks Maintenance Superintendent, and Tommye Cribbins, City Clerk. APPROVAL OF AGENDA: As Presented. 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: None. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: None. 3. PUBLIC COMMENTS: Allen Wilson said when he visited the Willow Heights open house he was confused about a special assessment of $550 per year for the condominiums and $515 for the homes could take place without a vote of the citizens. He asked the Lennar Homes representative if this was a Mello Roos assessment and the representative was unable to give him an answer. He asked if there were any Mello Roos projects in the City. He spoke about the price of the homes in the development and how, in his opinion, they were not affordable. MAY 5, 2015 PAGE 2 CITY COUNCIL Krystal Spindler wished everyone a Happy Cinco de Mayo. As a representative of the Diamond Bar Community Foundation, she reminded everyone that the Foundation and the Walnut Valley Rotary Club will host the annual Golfing for the Kids golf tournament at the Western Hills Country Club in Chino Hills on Monday, May 11 starting at 9:00 a.m. (registration at 7:30 a.m.). Special guests include teen heartthrob Scott Baio, four members of the Los Angeles Clippers Spirit Dancers as well as, local dignitaries. Participants can enter a drawing to win a car as well as raffles, a silent auction and Massage Envy will provide free massages. The event is accepting sponsors and T -signs and seeking additional golfers. Anyone wishing additional information about the event can email her at info(u)thediamondbarcommunityfoundation.org or visit the website. All proceeds for this event will go to Diamond Bar's Youth for Sports Fields. Dave Reynolds said he was concerned about the increase in the crime rate throughout the entire state. In his opinion, what is seen in the City of Diamond Bar is not a reflection of the City or its Sheriff's Department. Toward the end of tonight's study session he heard there is flexibility in the ability of selecting services from various menu items and he hoped that there was enough flexibility, ability and capability going forward that more resources could be given to the Sheriff's Department to help reduce the crime rate. Pui Ching Ho spoke about upcoming library programs and events including a performance by the Polynesian Paradise Dancers on Wednesday, May 13 at 4:00 p.m.; a Teddy Bear Clinic on Saturday, May 16 at 10:00 a.m.; a puppet show on Monday, May 18 at 4:00 p.m., and an Online Career Resources clinic at 1:00 p.m. on Wednesday, May 20. Milan Dragojlovich, a 30 -year resident of Diamond Bar, said he was also concerned about the increase in crime statistics. His Neighborhood Watch group meets every Saturday in a garage and since the number of attendees exceeds the capacity of the garage and because there are other Neighborhood Watch groups that are being formed, he felt it would be beneficial for groups to gather together to form a synergistic movement and asked if the group would be able to use a space for an occasional large group meeting at Peterson Park, Diamond Bar Center or the Windmill Room at no charge. He would also consider a "Block Party" and asked if the City could help the organization grow. Brian Worthington also spoke about connecting Neighborhood Watch groups throughout the community. Yesterday, with the help of Deputy Scheller Prospectors Road and Dry Creek were opened and three more will be opened in the next 30 days which is a low-cost, highly effective way to increase safety. 4. RESPONSE TO PUBLIC COMMENTS: CM/DeStefano asked Captain Scroggin to provide a report to the Council and audience on safety concerns, crime and crime rates, resources, the Sheriff's Department needs and the City's budget for those resources. CM/DeStefano MAY 5, 2015 PAGE 3 CITY COUNCIL also asked that Capt. Scroggin, speaks on the beauty of the contract by which the City captures all of the technology and state-of-the-art resources that the entirety of Los Angeles County provides through their countywide Sheriff's Department as well as, the very successful and growing Neighborhood Watch programs that have existed over the 25 plus years of cityhood. CM/DeStefano responded to Mr. Wilson that the Willow Heights Project by Lennar Homes "special assessment" being charged to owners is not a special assessment levied by the City. It is a term that the on-site real estate office must be using. It is likely an assessment for common areas within the project for purposes of maintenance, upkeep, security, etc. Secondly, there are no Mello Roos districts within the City nor have there been any in the 26 years of Diamond Bar's incorporation. Further, he does not believe there were any such districts crafted by the County prior to the City's incorporation. CM/DeStefano responded to comments about Neighborhood Watch groups. With respect to block parties, those events involve the use of public property (the street) that is allowed. There is a process that one must go through that involves the full cooperation of all of the residents that might be affected by the closure of the street. Similarly, the use of a public park requires a process. There are reservation opportunities portions of the park. Whether it is a small family birthday party or large corporate event they must all go through a process to reserve space at the park with a deposit for cleanup, etc. Parks are open and remain available to the entirety of the public. Some parks are active with youth and adult sports, etc. Some are quieter and may be more suitable for a "Neighborhood Watch" type of event. During the Study Session there was a discussion about the use of Ronald Reagan Park which is often used as a place for "Neighborhood Watch" types of events. The process is in place to make sure that other programs, reservations, sporting events are not compromised. With respect to the use of buildings, the Diamond Bar Center is an enterprise and it is a very costly enterprise. Spaces in that building are at a premium and those spaces are rented out on a regular basis for weddings, corporate events, senior events, etc. The Diamond Bar Center is very challenging and absent Council's direction, not a product or building that he would recommend to the public for free. There are other assets such as the AQMD which opens their facility for use by the public. As he entered the building this evening there was a soccer team preparing to distribute uniforms and often this facility is used for Boy Scout events, youth sports events, coaching clinics, etc. First and foremost, he would seek the ability for such a meeting through the AQMD because it is something they have done for the 25 years since they have been in Diamond Bar. M/Tye said he was thinking about the Windmill Room and as CM/DeStefano spoke he thought of church facilities and a variety of things that could be available. C/Lin said that he toured the Willow Heights facilities and the condo fee is about $400 and it is not a special assessment. For a single family unit, the association MAY 5, 2015 PAGE 4 CITY COUNCIL fees range from $150 to $180 per month. He is certain there is no special assessment for the new subdivision. Also, prices for the single family residences range from $750,000 to $1.1 million. Captain Scroggin provided an historical update on the City's crime statistics. 2014 was the lowest recorded year since 1996. There were 775 part 1 crimes. Part 1 crimes are the way the FBI compares crime rates throughout the nation. There are eight categories that make up the United Crime Reporting form which are criminal homicide, forcible rape, robbery, aggravated assault, burglary, larceny, theft, grand theft auto and arson. Historically, the City of Diamond Bar has had a very low violent crime rate and the City enjoyed a very good rate last year. There were approximately 137 crimes per 10,000 residents. In 1996, one of the highest years on record, there were over 1730 part 1 crimes which averaged about 305 crimes per 10,000 residents in the City. There have been ups and downs over the past 20 years but for the most part, within the last five years the City has had some of the best crime rates on record. The department has its work cut out for it this year and is committed to keeping the crime rate down. This year the crime rate is up 39 over this time last year, the primary cause of which is an uptick in grand theft auto as well as, more larceny and thefts including vehicle burglaries, petite and grand theft and theft from unlocked vehicles. The department puts out a lot of education letting people know they should not leave items in vehicles such as laptops, purses, gym bags and other valuable items in plain site which attract thieves. Unfortunately, Diamond Bar is freeway accessible and statistics show that crimes occur immediately off of the freeway off ramps where individuals can quickly access vehicles in parking lots and get back on the freeway. The Sheriff's Department focuses on residential and commercial burglaries, larceny and theft and believes that many of the larceny, theft and burglaries are preventable. Neighborhood Watch has been particularly helpful in deterring these crimes and that is why the department has conducted a strong outreach program with these groups. He thanked the North Country for being so active and providing many tips that lead to arrests. Many people see things that seem to be out of place but did not realize it was important. Recently, a resident witnessed an individual dump a box which turned out to be a mail theft. As a result of the resident's participation the department has a license plate number and will be working that case. Tips are important and while residents should not be overly paranoid, in spite of the fact that Diamond Bar enjoys one of the best areas in LA County there is still crime happening and everyone needs to report anything they believe to be suspicious. The Sheriff's Department encourages individuals to participate in the Volunteers on Patrol program. Neighborhood Watch groups are encouraged to build on their programs to include vacation checks, additional patrols through parking lots, etc. The Department is concerned about the misperception that crime is out of control and what will occur as a result of Proposition 47. After AB109 was passed the department actually saw a downturn in crime. He said he is more concerned about Prop 47 with its lowering of the drug crimes because people will not be put into rehab programs where MAY 5, 2015 PAGE 5 CITY COUNCIL they belong. Deputies know that people who fuel their drug habit do so by stealing. The Sheriff's Department is working very closely with the City by having weekly meetings with the City Manager and staff about deployments and what the department can do. If the department needs overtime, staff is quick to respond so that the department can increase patrols. In addition, the department listens to residents. This year's Diamond Bar budget is about $5.6 million. He understands that this amount is a large portion of the City's budget and the department takes this responsibility very seriously. There was concern over the past few months about the potential increase in the Sheriff's contract with the increased cost of the deputy sheriff and the increased cost of the liability trust fund. At this time, law enforcement is not winning many of its court cases because post Ferguson the reputation of police in general is suffering. There have been some unfortunate incidents that have occurred which result in large department payouts. Unfortunately, Diamond Bar shares that cost with all of the other contract cities. He reiterated that the City has seen some of the best crime rates in years during the past few years. While there was an uptick in 2012-13, last year was the lowest year ever on record based on the current population. He thanked the City for its support. M/Tye said he heard a man say that "if you're not paranoid then you don't understand how serious the problem is" so he thinks that people need to understand that Neighborhood Watch is a great resource and very effective and "if it is to be it is up to me." The individual who reported the dropped box to the Sheriff's Department something that might have been innocent happened to witness a significant incident which will lead to another crime solved and another crook off of the street. The City and Sheriff's Department appreciate everyone's participation. C/Lin asked if the decline of the crime rate after Prop 47 was in Diamond Bar or statewide. Captain Scroggin responded that the decline was actually out of the AB109 with the realignment of the prison population. Prop 47 passed and was enacted in November and the department sees crimes it believed would increase with that population of potential suspects on the streets including drug offenders who do not get into rehab. It is still early but the department is gathering data and will have more intelligence in the future about the adverse effects of Prop 47. MPT/Lyons asked how individuals would go about getting a vacation check. Captain Scroggin said that individuals should call the Sheriff's Department or call the Public Safety staff at City Hall to fill out a form indicating dates, times and contacts should there be an issue at their property. Volunteers will conduct daily visits to ensure it is in good repair during that period of time. MAY 5, 2015 PAGE 6 CITY COUNCIL 5. SCHEDULE OF FUTURE EVENTS: 5.1 Planning Commission Meeting — May 12, 2015 — 7:00 p.m., Windmill Community Room, 21810 Copley Drive. 5.2 Traffic and Transportation Commission Meeting — May 14, 2015 - 7:00 p.m., Windmill Community Room, 21810 Copley Drive — Adjourned to May 12, 2015. 5.3 City Council Meeting — May 19, 2015 — 6:30 p.m., South Coast Air Quality Management District/Government Center Auditorium, 21865 Copley Drive. 6. CONSENT CALENDAR: C/Herrera moved and MPT/Lyons seconded to approve the Consent Calendar as presented. C/Lin abstained from voting on Item 6.3 Check Number 111869 for $627.00 as CEO of KOA to avoid any possible conflict of interest. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Herrera, Lin, Tanaka, MPT/Lyons, M/Tye NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 6.1 APPROVED CITY COUNCIL MINUTES: 6.1.1 Study Session Minutes of April 21, 2015 6.1.2 Regular Meeting Minutes of April 21, 2015. 6.2 RECEIVED AND FILED PLANNING COMMISSION MINUTES - Regular Meeting of March 24, 2015. 6.3 RATIFIED CHECK REGISTER — Dated April 16, 2015 through April 29, 2015 totaling $1,196,918.49. 6.4 APPROVED TREASURER'S STATEMENT — Month of March 2015. 6.5 ACCEPTED WORK PERFORMED BY TAMANG ELECTRIC FOR THE CONSTRUCTION OF THE GENERATOR ENCLOSURE PROJECT AT DIAMOND BAR CITY HALL; DIRECTED THE CITY CLERK TO FILE THE NOTICE OF COMPLETION AND AUTHORIZED THE RELEASE OF THE RETENTION THIRTY-FIVE DAYS AFTER THE RECORDATION DATE. 6.6 APPROVED AMENDMENT NO. 3 TO INCREASE ADDITIONAL WORK AUTHORIZATION FROM $25,000 TO $35,000 FOR FY 2014-15 TO CONTRACT WITH VALLEYCREST LANDSCAPE MAINTENANCE TO EXTEND THE IRRIGATION SYSTEM AT PANTERA PARK TO IRRIGATE TREES AT THE DOG PARK. 7. PUBLIC HEARINGS: None MAY 5, 2015 PAGE 7 CITY COUNCIL 8. COUNCIL CONSIDERATION: 8.1 (a) ADOPT RESOLUTION NO. 2015-14: APPROVING AND ADOPTING A BUDGET FOR THE FISCAL YEAR COMMENCING JULY 1, 2015 AND ENDING JUNE 30, 2016 INCLUDING MAINTENANCE AND OPERATIONS, SPECIAL FUNDS AND CAPITAL IMPROVEMENTS AND APPROPRIATING FUNDS FOR ACCOUNTS, DEPARTMENTS, DIVISIONS, OBJECTS AND PURPOSES THEREIN SET FORTH. (b) ADOPT RESOLUTION NO. 2015-15: ESTABLISHING A COMPENSATION PLAN INCORPORATING SALARY RANGES AND FRINGE BENEFITS FOR ALL CLASSIFICATIONS OF EMPLOYMENT EFFECTIVE JUNE 27, 2015 AND AMENDING RESOLUTION NO. 2014- 20. (c) ADOPT RESOLUTION NO. 2015-16: AMENDING RESOLUTION NO. 2008-34, THE CITY'S PERSONNEL RULES AND REGULATIONS RULE VII (ATTENDANCE AND LEAVES) SECTION 3 SICK LEAVE, EFFECTIVE MAY 5, 2015. CM/DeStefano stated that staff will provide reports on each of the three items under Council Consideration Item 8.1 and request that after hearing all three items take action in one motion of the Council to approve 8.1 (a), (b) and (c). CM/DeStefano stated that Item 8.1 (a) is the adoption of the 2015-16 FY budget which is basically a rollover budget from the current fiscal year. There is a slight increase in revenue and a slight increase in expenditure. The big change for Fiscal Year 2015-16 is the largest Capital Improvement Project the City has ever managed with a significant number of projects moving forward in FY 2015-16. In total, this constitutes about a $47 million General Fund, Special Fund and Capital Improvement Project budget, the largest budget the City has ever had. CM/DeStefano noted one minor change in staff's proposal with a very limited amount of money necessary for the change, but there are no increases or decreases in the number of staff members and no reduction in services and/or programs. Comments were made about the Sheriff's Department and more detail will be provided during staff's presentation; however, that service level remains extremely high. While the costs are higher for this upcoming year the deployment is the same as the current year. Staff is anticipating a retirement later this year within the Sheriff's Department unit that serves Diamond Bar and the City will be looking again at the deployment to determine what is most appropriate for Diamond Bar going forward. The proposed budget incorporates the Council's Goals and Objectives as well as, Council's statements of mission and accomplishments for staff. He asked FD/Honeywell who put in a substantial extra -effort this year to provide the budget a few weeks earlier which benefits the Council and MAY 5, 2015 PAGE 8 CITY COUNCIL staff to accomplish this major project and allow a smooth transition into FY 2015-16 to provide the details of the budget. FD/Honeywell reported that she has had an opportunity to review the proposed FY 2015-16 with the City Council during the past two study sessions. The FY 2015-16 proposed budget is balanced and increases General Fund Reserves by nearly $1.1 million. As it is proposed, the budget incorporates modest yet realistic growth in both revenue and expenditures over the current year's expected numbers while maintaining service levels to the community. It is anticipated that the City will receive about $1.9 million in building permit revenue related to the housing development known as Willow Heights during the current 2014-15 Fiscal Year and it is proposed, as a component of this budget adoption, that the one-time money received during the current fiscal year be reinvested into funds that were depleted over recent years due to the recession. These transfers would be made during the current fiscal year to such funds as the General Plan Fund, Traffic Mitigation Fund, Vehicle, Building and Equipment Maintenance/Replacement Funds and the newly created OPEB Reserve Fund. The proposed budget for 2015-16 estimates the General Fund budgeted revenues are expected to grow about 1.6 percent over the current estimated revenues. Revenues in the top revenue categories, property tax and sales tax are projected to see moderate increases of 4 percent and 7.5 percent respectively during FY 2015-16. Every effort has been made to keep the appropriations at or near the same levels as those of current fiscal year 2014-15 estimates. This year part of staff's focus in the development of the budget has been to examine various programs the City offers while identifying program revenues and program expenditures which will help to identify the level of General Fund subsidy and whether that subsidy is an appropriate use of resources that benefits the majority of its residents. As previously stated this evening, the majority of the increase in the appropriations is related to the Public Safety Budget which is set to increase about $564,000 for FY 2015-16. This is due in part to a 2 '/2 percent increase to the contract and a payment of 6 percent ($338,000) to the Sheriff's Liability Trust Fund which the City is required to make. Also incorporated in this proposed budget is a 2 percent Cost of Living increase for employees as well as, a $50 increase in the Benefit Allotment, all of which amounts to about $143,000. The FY 2015-16 proposed budget provides for the use of General Fund Reserves in the amount of approximately $3.5 million. Most notable of the expenditures of the use of reserves is Capital Improvement Projects of about $2.7 million. Economic Development activities amount to about MAY 5, 2015 PAGE 9 CITY COUNCIL $317,000 and parkway curb removal in the amount of $130,000 which was recommended by the JPIA in order to mitigate some liability risk in the City and ensure the safety of the residents. Also included is the transfer out to the Lighting and Landscape Districts in the amount of $279,000 in order to maintain current service levels for utilities and maintenance of the grounds. Smaller items funded with the General Fund Reserves is completion of the document scanning system project and funding for the 2015-16 updates to the General Plan. Also included in the proposed budget are various Special Revenue Funds, the Debt Service Fund, Equipment Replacement Funds, and Capital Improvements Funds. These types of funds have specific guidelines as to how the resources may be used and the City generally uses these funds to pay for such things as slurry seal projects, transit related programs, solid waste reduction programs and unforeseen fleet costs and network upgrades. The 2015-16 Capital Improvement budget is the largest in the City's history and totals about $19.9 million of which $5.7 million constitutes carryover projects from 2014-15 and $4.1 million which are City of Industry funds related to the Lemon Avenue project. Included in the new projects for FY 2015-16 are three street improvement projects, several traffic management projects, construction of the Lemon Avenue Interchange, a groundwater drainage project, a Sewer System Master Plan and a variety of park improvement projects. C/Herrera moved, C/Lin seconded to approve items 8.1 a, b and c as follows: (a) Adopt Resolution No. 2015-14: Approving and Adopting a Budget for the Fiscal Year commencing July 1, 2015 and ending June 30, 2016 including Maintenance and Operations, Special Funds and Capital Improvements, and Appropriating Funds For Accounts, Departments, Divisions, Objects and Purposes Therein Set Forth; (b) Adopt Resolution No. 2015-15: Establishing a Compensation Plan incorporating Salary Ranges And Fringe Benefits for all Classifications of Employment Effective June 27, 2015 and Amending Resolution No. 2014-20; and, (c) Adopt Resolution No. 2015-16: Amending Resolution No. 2008-34, the City's Personnel Rules And Regulations Rule Vii (Attendance and Leaves) Section 3 Sick Leave, Effective May 5, 2015. M/Tye asked what would happen if the Council voted "no" on 8.1 (c). CM/DeStefano stated that the City is obligated by the State of California to provide 24 hours per year worth of sick leave for each of the City's part time employees as a result of measure AB 1522, the Healthy Workplaces, Healthy Families Act of 2014. MAY 5, 2015 PAGE 10 CITY COUNCIL M/Tye called for the vote. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Herrera, Lin, Tanaka, MPT/Lyons, M/Tye NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 8.2 FISCAL YEAR 15-16 THROUGH FISCAL YEAR 2019-20 MULTI-YEAR CAPITAL IMPROVEMENT PROGRAM. CM/DeStefano stated that as part of its annual budget adoption, staff provides the City Council with not only the proposed fiscal year 2015-16 Capital Improvement Program but also provides a look at proposed projects and priorities over the next four years. The City Council has long implemented prudent fiscal policies that have ensured that proper funding is available to maintain and construct necessary infrastructure, facilities, etc. for the residents. Each year staff presents the five-year Capital Improvement Program plan as a component of the budget which incorporates the policies established in the General Plan, the Council's annual Goals and Objectives, and recommendations by staff. The five- year schedule is a strategic planning tool and is, generally speaking, the priorities that the professionals with the City Council's guidance manifests itself through the document. The resources for each of those priorities does not always neatly align because as the City looks beyond the current and proposed fiscal years the ability to look ahead for where resources might be found tends to get fuzzier and fuzzier. The 2015-16 CIP is part of the budget the City Council has now adopted. The four years beyond that are presented to the City Council to receive and file because this forecast will change over time and as staff develops its thought process, will continue to provide the Council with proposed updates for this document. The multi-year CIP is a non-binding planning document subject to change at Council's direction, subject to changing economic conditions, changes in availability of funds, variations in project scope and other factors that may come into play. Staff provided details of the program during tonight's study session which amounts to about $44 million expenditure over the five-year period with about $20 million in the upcoming fiscal year. Heritage Park will be added to the planning component and the project could amount to $1.5 to $2.5 million which totals about a $46 million program over the next five years. As previously stated by PWD/Liu, only about $2.5 million of the total $46 million anticipated expenditures are anticipated to come from General Funds. All of those project resources are anticipated to come from Federal and State dollars and a variety of other means and measures the City has such as Development Impact Fees, etc. This program includes an aggressive program to revitalize the City's parks and recreation facilities through playground equipment, ADA Improvements, parking lot improvements, master planning including some of the parks that have facilities such as MAY 5, 2015 PAGE 11 CITY COUNCIL Heritage Park, a likely complete redo of Peterson Park in the next few years with significant work during the 2015-16 Fiscal Year as well as, an extensive list of capital improvements on the roadway networks which includes Lemon Avenue, the Grand Avenue Beautification Project, and a long list of ongoing necessary maintenance and improvement efforts. In short, this is a planning tool that is subject to change and the document is provided to the City Council this evening simply to receive and file. MPT/Lyons asked for comment on what part of the CIP program would fund the SR57/60. CM/DeStefano responded that it is a significant component if not the top priority of the City Council's Goals and Objectives. PWD/Liu stated that the SR57/60 Confluence Project is one of the City's top transportation priority projects. The funding source is a combination of local, state and federal funding sources. In particular, the City of Industry has to date committed almost $30 million toward the total cost of about $256 million. The current plan is to divide this project into three phases with multiple contract packages. The first phase is construction of a new westbound Grand Avenue onramp and westbound auxiliary lane on the SR60 which will go through the old Honda Dealership/Burger King location that has been empty for many years. Construction for Phase I is anticipated to commence November/December 2015 with Phase II to follow about six months after Phase I. Phase II is construction of the frontage improvements along the golf course on both sides of Grand Avenue as well as, the intersection of Grand Avenue and Golden Springs Drive. Phase II construction is scheduled to commence about September 2016; however, because of the proximity to the City limit line, it is considered to be a major entryway statement area and the City will closely monitor how the improvements will ultimately benefit the City and its desired entry statement. Phase III is construction of a new westbound off ramp to Grand Avenue for traffic coming from the SR57 southbound and westbound SR60. Construction is anticipated to commence in 2016 as well. These three phases will cost in excess of $50 million. The last phase consists of the mainline improvements including the widening of the Grand Avenue Bridge to eight lanes and is unfunded at this time. The City has spent many years pursing long term funding sources for the last phase with the federal government, state and county assistance. This project area has been identified in the California Freight Mobility Plan and has been identified as a federal project of national and regional significance which allows the City to pursue funding should the funding for the remaining $200 million become available. C/Lin asked for clarification on the Council's direction. CM/DeStefano reiterated that the City Council has adopted/approved the FY 2015-16 Capital Improvement Program and with this item, staff is asking the City Council to simply receive and file the balance of the five-year plan. MAY 5, 2015 PAGE 12 CITY COUNCIL MPT/Lyons moved, C/Tanaka seconded, to Receive and File the FY 2015-16 through 2019-20 Multi -Year Capital Improvement Plan. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Herrera, Lin, Tanaka, MPT/Lyons, M/Tye NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 9. COUNCIL SUBCOMMITTEE REPORTS AND MEETING ATTENDANCE REPORTS/COUNCIL MEMBER COMMENTS: C/Lin reported that on April 28 he visited with WVUSD Superintendent Dr. Taylor about the future infrastructure programs within the district, especially in the high schools. As an advocate of education and schools he assured Dr. Taylor that he is in full support of his bond initiative. On April 26 he and his colleagues attended the Friends of the Library Wine Soiree fundraiser. C/Tanaka thanked FD/Honeywell and her staff for an outstanding 2015-16 budget. He felt it was very important for the Council to pass Item 8.1 (b) to help recruit and retain good staff. On Wednesday April 22 he attended the California Contract Cities Association monthly dinner meeting with M/Tye. On Thursday, April 23 the California Chief Justice Tani Cantil-Sakauye visited Evergreen Elementary School and presented them with a Civic Learning Award. Evergreen was one of only three schools recognized for this award out of more than 7000 elementary schools in California. He congratulated the students, teachers and staff at Evergreen Elementary School. That evening he attended the Walnut/Diamond Bar Sheriff's Boosters recognition dinner. Diamond Bar's Volunteer of the Year Ted Long was recognized along with volunteers from Walnut and Rowland Heights and the station volunteer, reserve deputy of the year, disaster communications volunteer of the year and explorer of the year. The evening was MC'd by Booster Club President, Gil Rivera and assisted by Volunteer on Patrol member Dean LeCesne. Captain Scroggin and the entire law enforcement team were present. On Friday, April 24 he and MPT/Lyons attended the Arbor Day Celebration at Pantera Elementary School. That evening he read to students at Golden Springs Elementary School's Reading under the Stars event which was held in the school cafeteria due to rain. On Sunday, April 6 he attended the Friends of the Library's 22nd Annual Wine Soiree and Benefit Auction. On Tuesday, April 28 he attended the Diamond Bar DB4- Youth monthly meeting. On April 29 he attended the Senior Volunteer Appreciation Luncheon during which he and Parks and Recreation Commission Chairwoman Kim Hsieh presented City Certificates of Recognition on behalf of the City Council. That afternoon he helped the PUSD with their Community Services Award Recognition ceremony. He wished everyone a Happy Mothers' Day. MAY 5, 2015 PAGE 13 CITY COUNCIL C/Herrera visited legislators in Sacramento last week and took the opportunity to talk with two members from the California Transportation Commission, Executive Director Will Kempton and Commissioner Fran Inman about the SR57160 Interchange project and said that Diamond Bar would be coming to them at some point to talk about potential funding from the California Transportation Commission for this project. This project will likely require funding from many sources since no one has $230 million available. Congratulations to the organizers of the Friends of the Library Wine Soiree. There must have been a thousand people in the room. Many people from the community turned out to support the event which was wonderful. She hoped the fundraiser made $50,000 in profit. Congratulations to co-chair MPT/Lyons. Everyone worked very hard on this outstanding event. She thanked people from Neighborhood Watch who came to tonight's meeting. She applauds them for their enthusiasm and consideration in stepping up to be a guardian of the streets of Diamond Bar. She hopes that they inspire other people in other Neighborhood Watch programs that see their enthusiasm and want to be as good as the best Neighborhood Watch. She thanked Captain Scroggin and the Sheriff's Department for all they do to keep Diamond Bar safe. It is a challenge. There are a lot of depressed communities throughout southern California and Diamond Bar is an easy target with two major freeways that crisscross City streets and roads. It takes everyone being alert to something suspicious or something or someone out of place. Call the Sheriff's Department because it takes everyone working together to keep the City a safe place. She wished everyone a Happy Cinco de Mayo. MPT/Lyons thanked FD/Honeywell and her staff for putting together a very well - organized and thorough budget that was explained to the City Council in a very understandable fashion. It took only two meetings for the Council Members to gain a good grasp of the budget. She and C/Tanaka attended Arbor Day which was a lot of fun. As her colleagues have said, the Wine Soiree was a big success and although totals are not yet available she knows they will be good in terms of what can be donated to the Diamond Bar Library. The event was a success because of community support, Council support and staff support at the Diamond Bar Center. On Monday she will attend the For the Kids Golf Tournament and hoped to see residents there. Last week she attended the San Gabriel Valley Council of Governments Transportation Meeting with PWD/Liu in order to keep Diamond Bar's priorities for transportation in front of the group. Happy Mothers' Day to all mothers in the community and she hopes everyone gets to put their feet up and relax. M/Tye wished everyone a happy Cinco de Mayo. The Soiree was spectacular and helps everyone realize what a generous community this is. This is apparent whether there is fundraising for the high schools or for the library. It is spectacular. He believes the Soiree raised more money than ever this year and that does not happen by accident. The turnout, the hours of volunteerism attest to the success of the event. MPT/Lyons, Tony Torng and Rick Rogers did a great job chairing the event that will benefit the City and the library. Thanks to the Sheriff's Department for the fine job they do. Thanks to Captain Scroggin MAY 5. 2015 PAGE 14 CITY COUNCIL and keep up the good work. Residents appreciate the presence of the Sheriff's Department and all that is done for the City. At the March 3 City Council meeting a young mother, Denise Macedo, asked about safety. Her son Isaac was a little too shy to comment but he whispered in her ear and she let the Council know of his concern that he did not want to get run over. Her concern was walking and jogging with a stroller that a utility pole north of Shotgun forced her to walk out onto the street to get around the pole. As he was driving Diamond Bar Boulevard he noticed cones around the area and realized the pole was gone. He wants everyone to know they can make a difference by speaking up. He said he did not believe he had ever seen anything happen that quickly. This was something brought up by a resident and it was taken care of and now Diamond Bar is a better and safer place for Denise and her son Isaac. Thanks to staff and the appropriate agencies for getting that done. ADJOURNMENT: With no further business to conduct, M/Tye adjourned the City Council Meeting at 7:53 p.m. TOMMYE CRIBBINS, CITY CLERK The foregoing minutes are hereby approved this _ day of 2015. STEVE TYE, MAYOR Agenda # 6.2 Meeting Date: May 19, 2015 CITY COUNCIL �n111 11 tp L*ho AGENDA REPORT TO: Honorable Mayor and Members of the City Council FROM: James DeStefano, City ManaR!e`d; � TITLE: Ratification of Check Register dated April 30, 2015 through May 13, 2015 totaling $ 709,488.87 RECOMMENDATION: Ratify. FINANCIAL IMPACT: Expenditure of $ 709,488.87 in City funds. BACKGROUND: The City has established the policy of issuing accounts payable checks on a weekly basis with City Council ratification at the next scheduled City Council meeting. DISCUSSION: The attached check register containing checks dated April 30, 2015 through May 13, 2015 for $ 709,488.87 is being presented for ratification. All payments have been made in compliance with the City's purchasing policies and procedures. Payments have been reviewed and approved by the appropriate departmental staff and the attached Affidavit affirms that the check register has been audited and deemed accurate by the Finance Director. PREPARED BY: Luisa Allen Accounting Technician REVIEWED BY: �� L Finance Director Attachments: Affidavit and Check Register — 4/30/15 through 5/13/15. 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 April 30, 2015 through May 13, 2015 has been audited and is certified as accurate. Payments have been allowed from the following funds in these amounts: Description Amount General Fund $516,530.00 Com Org Support Fund $1,350.00 Prop A - Transit Fund $88,343.42 Prop C - Transit Tax Fund $6,916.54 Intergrated Waste Management Fund $19,540.56 Com Dev Block Grant Fund $2,737.44 COPS Fund $85.00 LLAD 38 Fund $676.89 LLAD 39 Fund $451.74 LLAD 41 Fund $259.59 Capital Imp Projects Fund 71,311.59 Computer Eq Repl Fund 1,286.10 $709,488.87 Signed: Dianna Honeywell Finance Director " H m m o 0 0 o nm�o mn�o o m a o 000 0 o N o m o 0 0 0 00 dl o O l0 Nm m m N d� ri d' �0 .i O .i N m m m .i O m m d Ill O vt O w� Ifl N N m W N O N O N ri ri M M rl V1 M Ifl N lO N al n N Ol d� ri rl ri N N rl " N M " rl ri o 0 a 0 0 0 000 000 0 0 0 000 0 0 0 0 0 0 0 0 00 o � 0 0 000 00 0 0 0 0 0 000 0 0 0 0 0 00 0 0 0 0 0 0 000 000 0 0 0 0 000 0 0 0 0 0 0 00 m aW a b C7 U' W W U q W£ z m U m H Cl U U tz-I E H U I \ v a ;+ Hu q a uu s q a z .'H W W a F "✓ � I � Cfl C LL I I m I q I O F w q w q am W Pr's m '�a H w N H l z\ a s m m u m w o H I H m u u 0 z a aµI' o w a E Ik u H H H y u 3$ I9 W u u "z, fK m Lw W IE -1 E O N N U W W a s0 a U 00 E V W O F W H I £ a E w a w WW H a w a rn H a E a a H w H H H HF o� a o z 0 H W y O H VI O O M O 00 00 O M O O 00 m O m m 00 q b m ri M ul N ifl n n m m n IIf n n Ifl b N m Ill o n \ O M O M M mm 00 O m O M 00 tll O M O III O w o 0 z0 0 0 0 00 00 0 0 0 0 00 0 0 0 0 0 0 ,� 0 00 y1 F a a a 0 H a U w o m u [wL [+w z H fzL w a m f� aw' W rUaa�I W I4 H [ ate w a s w fU w�{ o w IH -I a n 4 o W z N z£ �H+ Pi aayT', 'Zr taq UI Ul Ly H rz� U H 'u 2 E [J N F E rOa i� £O p uu H H £ H mm S4 0.l O O u u O W 0 0 U ul H U p b > a' UU Wga ZW U 2 P, y [moi H F OU OU F m UUrwn 2rwn www' rxrl £ aah a 0 0 o a aw'' w w u a ax HH H O > a q i a U a W W w a U Z UD P W u a N g 3 u 2� m m m u H In in m In In In m m W m In m m In In In In m In m in In m vI In m In q"""""" q p� .. 0 o q .. 0 0 0 o .. 0 0 0 o O o o raL'' P m r1 \ \ M m m M m M m M M M m m m m M M m rl \ M M M M H o 0 0 0 0 0 00 00 0 0 0 0 00 0 0 0 0 0 0 0 00. u o Zi � O. ri N M C Ul il1 b b n m O O 'i r N m d N 10 n W Al O rl rl O U rl .-1 .i r rl ri " .i fl ri rl rl ri .-I H '1 rl rl rl H I " rl ri rl rl rl ci fl ri rl " " rl rl rl H rl `i rl N 'i rl H ri rl rl rl rl ri " ri r1 " U U U U U U U U w a 0 0 0 0 0 00q 00q 0 0 0 0 00 0 0 0 0 0 0 0 0 0 00 CC 0 0 0 0 0 0 00" ooa 0 0 0 0 00 o o 0 0 0 0 0 0 0 00 .00 0 r H . 0 0 0 0 000 0 0 0 00. . o 0 .0 0 0 0 0 0 0 0 00 N O O O OOO O 0 0 0 o a m H N o 0 w mmo 00000 y�cm o 0 00 o n 0 0 0 o m n o N o 0 0 0 000 00000000 m m m o m 000 O n m a n m N n 'i O O O ri N m b400 0000. 1(I NNl q n 4 M n W W m n M O O l0 IP ri m cH b lD M Ifl l!1 l0 n Ifl M n O N O m O m N W H N M W �a WH (h U a� SC o 0 0 0 0 0 0 0 0 0 0 000 00000000 000 0 0 0 EC o 0 0 0 0 0 0 0 O 000 00.000000 000 0 0 00 E. o o o . . . 0 0 0 0 0 0 0 0 0 0 0 0 0 0 000 00000000 0,00 0 0 000 m W m Ho oxa zs4 I. 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TO THE EAST AND CITY LIMIT TO THE SOUTH) TO ALL- AMERICAN ASPHALT INC. IN THE AMOUNT OF $1,488,000 AND AUTHORIZE A CONTINGENCY AMOUNT OF $111,600 (7.5% OF THE TOTAL CONTRACT) FOR CONTRACT CHANGE ORDERS TO BE APPROVED BY THE CITY MANAGER, FOR A TOTAL AUTHORIZATION AMOUNT OF $1,599,600. RECOMMENDATION: Appropriate, approve, and award. FISCAL IMPACT: As part of the FY 2014-2015 Capital Improvement Program, $336,376 of Gas Tax Funds, $611,120 of Measure R Funds, $122,173 of Hauler Fees, and $530,331 of Prop A Exchange Funds were budgeted for the Area 3 Residential and Collector Roadway Maintenance project for a total allocation of $1,600,000 for design, construction administration and construction. To date, $119,903 has been encumbered for design and construction administration services. There is $1,480,097 remaining in the current budget. As shown in the table below, an appropriation of $119,503 from Gas Tax Fund is being requested for the construction contract. 1 FY14-15CIP Proj.# 01415 Budget Encumbrance Total Residential/Collector Area 3 $ 1,600,000.00 $ 1,600,000.00 Onward Design & CM Contract $ 109,003.00 $ 1,490,997.00 Onward Contingency (7.5%) $ 10,900.00 $ 1,480,097.00 All-American Asphalt Contract $ 1,488,000.00 $ (7,903.00) All-American Asphalt Contingency (7.5%) $ 111,600.00 $ (119,503.00) Gas Tax Appropriation $ $119,503.00 $ 0 The contingency amount for All-American Asphalt in the total amount of $111,600 will only be used in the event of unforeseen circumstances that will warrant a contract change order. The City's project team has a solid track record of keeping project costs within the original contract award. In the event that this project continues that record and the contingency is not used, $111,600 Gas Tax funds will be returned to the fund balances in FY15-16. BACKGROUND/DISCUSSION: The City's roadways are divided into 7 maintenance areas which are completed per area on an annual basis. The Area 3 Residential & Collector Street Rehabilitation Project is the V Area bounded by Pathfinder Road to the North, Pathfinder Road/City Limit to the West, Diamond Bar Blvd to the East, and the City Limit to the South (see attached Exhibit A). The existing Pavement Management System Report identified several streets including cul-de-sacs within Area 3 to be in substandard condition. Due to these pavement conditions, using slurry seal will not be an effective pavement maintenance treatment. Therefore, these identified roadway segments will receive a chip seal treatment in addition to the normal slurry treatment which, when combined is referred to as a "cape seal". Other roadway segments will receive an edge grind and AC overlay treatment or slurry seal. These treatments will extend the life of the pavement for up to 10 years. With the completion of the plans and specifications, the project was advertised for bids on March 30, 2015, On April 20, 2015, six (6) bids were received. All-American Asphalt submitted the lowest base bid in the amount of $1,488,000. The bids received were as follows: Company 1. All-American Asphalt 2. RJ Noble 3. Copp Contracting, Inc. 4. Hardy & Harper, Inc. 5. Gentry Brothers, Inc. 6. Sully -Miller Contracting Co. 2 $1,488,000.00 $1,536,825.07 $1,595,752.00 $1,616,000.00 $1,682,000.00 $1,698,254.50 The engineer's estimate is $1,420,000 with a schedule of fifty (50) working days. Staff has verified the contractor state license for All-American Asphalt to be valid. All-American Asphalt also has performed other similar projects in this City satisfactorily. The project schedule is tentatively set as follows: Award of Contract Start of Construction Completion of Construction PREPARED BY: Sterling Mosley, Assistant Engineer REVIEWED BY: D id 6. Liu, P.E. Director of Public Works May 19, 2015 Late — June 2015 Late — August 2015 DATE PREPARED: May 11, 2015 Dianna Honeywell Finance Director ATTACHMENTS: EXHIBIT "A" — RESIDENTIAL SLURRY SEAL PROGRAM CONTRACTOR AGREEMENT RESOLUTION 2015-xx RESOLUTION NO. 2015 -XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE DESIGN AND PLANS FOR THE CONSTRUCTION OF AREA 3 RESIDENTIAL AND COLLECTOR ROADWAY REHABILITATION PROJECT PURSUANT TO GOVERNMENT CODE SECTION 830.6 AND ESTABLISHING A PROJECT PAYMENT ACCOUNT. The City Council of the City of Diamond Bar does resolve as follows: SECTION 1: The City Council finds and declares as follows: A. The City retained Onward Engineering ("Consultant") as the engineer to design and prepare the plans for Area 3 Residential and Collector Roadway Rehabilitation Project, B. The Consultant informed the City Engineer that these plans are complete and that construction of the Project may begin; C. The City Engineer reviewed the completed design and plans for the Project and agrees with the Consultant that the plans are complete and the Project may be constructed; D. The City Council wishes to obtain the immunities set forth in Government Code § 830.6 with regard to the plans and construction of the Project. SECTION 2: Design Immunity; Authorization. A. The design and plans for the Project are determined to be consistent with the City's standards and are approved. B. The design approval set forth in this Resolution occurred before actual work on the Project construction commenced. C. The approval granted by this Resolution conforms with the City's General Plan. D. The City Engineer, or designee, is authorized to act on the City's behalf in approving any alterations or modifications of the design and plans approved by this Resolution. E. The approval and authorization granted by this Resolution is intended to avail the City of the immunities set forth in Government Code § 830.6. SECTION 3: Project Payment Account. For purposes of the Contract Documents administering the Project, the City Council directs the City Manager, or designee, to establish a fund containing sufficient monies from the current fiscal year budget to pay for the Project ('Project Payment Account'). The Project Payment Account is the sole source of funds available for the Contract Sum, as defined in the Contract Document administering the Project. SECTION 4: The City Clerk is directed to certify the adoption of this Resolution. SECTION 5: This Resolution will become effective immediately upon adoption. PASSED, APPROVED, AND ADOPTED this 19th day of May, 2015. Steve Tye, Mayor I, Tommye A. Cribbins, City Clerk of the City of Diamond Bar, California, do hereby certify that the foregoing Resolution No. 2015 -XX was duly and regularly passed and adopted by the City Council of the City of Diamond Bar, California, at its regular meeting held on the 19th day of May, 2015, by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Tommye A. Cribbins, City Clerk EXHIBIT "A" --- Residential & Collector Area 3 Map N o n Chock f. Cheese's,,,) aneP a m ba " 0. ihnle RJ ,. ^n nnrp� 4 0 5 Pafhfinaq Palhllnder Rd nW derg0 �n� ¢�"`•. ku,ulawm e,Aiamond Bar C IIIUh School deo ieyh Cmumvm Q, IIVmr" sr f°'r Biro,O� a w Iemond Sal 0` 19h Slad"mt � r 4 7y sq. I GRek� PC61 ae y M ngWre f_ b a 'ns U m„` cue y Dov. c Brea 4C 4r ea d Caalle Hock Elementary School , ry 4 vlaarb, s �d ark Rnmloo £ U nn 8 ey avt0v'I Y' 'e° Sy sr a cP C�ISVao" 4 V r ca c AGREEMENT The following agreement ("AGREEMENT") is made and entered into, in duplicate, as of the date executed by the Mayor and attested to by the City Clerk, by and between All-American Asphalt Incorporated 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, bids were received, publicly opened, and declared on the date specified in the notice; and WHEREAS, CITY accepted the bid of CONTRACTOR All-American Asphalt and; WHEREAS, CITY has authorized the Mayor to execute a written contract with CONTRACTOR for furnishing labor, equipment and material for the Area 3 Residential & Collector Roadway Rehabilitation Prosect 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 the Area 3 Residential & Collector Roadway Rehabilitation Project in the City of Diamond Bar. The work to be performed in accordance with the plans and specifications, dated March 2015 (The Plans and Specifications) on file in the office of the City Clerk and in accordance with bid prices hereinafter mentioned and in accordance with the instructions of the City Engineer. 2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY: The Plans and Specifications are incorporated herein by reference and made a part hereof with like force and effect as if set forth in full herein. The Plans and Specifications, CONTRACTOR'S Bid dated April 20, 2015 together with this AGREEMENT, shall constitute the contract between the parties. This AGREEMENT is intended to require a complete and finished piece of work 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 AGREEMENT, the provisions of this AGREEMENT shall control. 3. COMPENSATION: CONTRACTOR agrees to receive and accept the prices set forth in its Bid Proposal as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the work during its progress or prior to its acceptance including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the aforesaid contract documents; and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work. 952059.1 1 4. TERM OF CONTRACT: CONTRACTOR agrees to complete the work within fifty 50 working days from the date of the notice to proceed. CONTRACTOR agrees further to the assessment of liquidated damages in the amount of seven -hundred fifty ($750.00) dollars for each calendar day the work remains incomplete beyond the expiration of the completion date. CITY may deduct the amount thereof from any monies due or that may become due the CONTRACTOR under this AGREEMENT. Progress payments made after the scheduled date of completion shall not constitute a waiver of liquidated damages. 5. INSURANCE: 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. Workers' Compensation Insurance: Before beginning work, the CONTRACTOR shall furnish to the CITY a certificate of insurance as proof that he has taken out full workers' 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. The 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 workers' 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." For all operations of the CONTRACTOR or any sub -contractor in performing the work provided for herein, insurance with the following minimum limits and coverage: 1) General Liability - $2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this AGREEMENT or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile - $1,000,000 per accident for bodily injury and property damage. 952059.1 3) Employer's Liability - $1,000,000 per accident for bodily injury or disease. 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 authorized to do business in the State of California. 2) Name as additional insured the City of Diamond Bar, its 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 the 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 by CITY of a written notice of such cancellation or reduction of coverage." 5) Otherwise be in form satisfactory to the 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 insured 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. e. The CONTRACTOR shall, prior to performing any work under this AGREEMENT, deliver to the City Manager or his designee the original policies of insurance required in paragraphs a. and b. hereof, or deliver to the City Manager or his designee a certificate of the insurance company, showing the issuance of such insurance, and the additional insured and other provisions required herein. Self Insured Retention/Deductibles. All policies required by this AGREEMENT shall allow CITY, as additional insured, to satisfy the self-insured retention ("SIR") and/or deductible of the policy in lieu of the Owner (as the named insured) should CONTRACTOR fail to pay the SIR or deductible requirements. The amount of the SIR or deductible shall be subject to the approval of the City Attorney and the Finance Director. CONTRACTOR understands and agrees that satisfaction of this requirement is an express condition precedent to 952059.1 the effectiveness of this AGREEMENT. Failure by CONTRACTOR as primary insured to pay its SIR or deductible constitutes a material breach of this AGREEMENT. Should CITY pay the SIR or deductible on CONTRACTOR's behalf upon the CONTRACTOR's failure or refusal to do so in order to secure defense and indemnification as an additional insured under the policy, CITY may include such amounts as damages in any action against CONTRACTOR for breach of this AGREEMENT in addition to any other damages incurred by CITY due to the breach. 6. 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 general prevailing rate of per diem wages for work of a similar character in the locality in which the public works 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, 21810 Copley Drive, 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. CONTRACTOR shall forfeit, as penalty to CITY, not more than two hundred dollars ($200.00) 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 this AGREEMENT, by him or by any subcontractor under him. CONTRACTOR and any of its subcontractors must be registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5, which precludes the award of a contract for a public work on any public works project awarded after April 1, 2015. This Agreement is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 7. APPRENTICESHIP EMPLOYMENT: In accordance with the provisions of Section 1777.5 of the Labor Code, and in accordance with the regulations of the California Apprenticeship Council, properly indentured apprentices may be employed in the performance of the work. CONTRACTOR is required to make contribution to funds established for the administrative of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeship trade on such contracts and if other CONTRACTOR'S on the public works site are making such contributions. 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. 8. 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 sub -contractor under him shall comply with and be governed 952059.1 4 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. 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 sub- CONTRACTOR under him, upon any of the work hereinbefore mentioned, for each calendar day during which the laborer, workman or mechanic is required or permitted to labor more than eight (8) hours in violation of the Labor Code. 9. 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. 10. CONTRACTOR'S LIABILITY: The CITY and its officers, agents and employees ("Indemnitees") 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 persons, either workers or employees of CONTRACTOR, of its subcontractors or the public, or for damage to adjoining or other property from any cause whatsoever arising out of or in connection with the performance of the work. CONTRACTOR shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever. CONTRACTOR will indemnify Indemnities against and will hold and save Indemnitees 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 CONTRACTOR, its agents, employees, subcontractors or invitees provided for herein, whether or not there is concurrent passive negligence on the part of CITY. In connection therewith: a. CONTRACTOR will defend any action or actions filed in connection with any such claims, damages, penalties, obligations or liabilities and will pay all costs and expenses, including attorneys' fees, expert fees and costs incurred in connection therewith. b. CONTRACTOR will promptly pay any judgment rendered against CONTRACTOR or Indemnitees covering such claims, damages, penalties, obligations and liabilities arising out of or in connection with such work, operations or activities of CONTRACTOR hereunder, and CONTRACTOR agrees to save and hold the Indemnitees harmless therefrom. C. In the event Indemnitees are made a party to any action or proceeding filed or prosecuted against CONTRACTOR for damages or other claims arising out of or in connection with the work, operation or activities hereunder, CONTRACTOR agrees to pay to Indemnitees and any all costs and expenses incurred by Indemnitees in such action or proceeding together with reasonable attorneys' fees. 952059.1 5 Contractor's obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of CITY under any provision of this AGREEMENT, Contractor shall not be required to indemnify and hold harmless CITY for liability attributable to the active negligence of CITY, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where CITY is shown to have been actively negligent and where CITY active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of CITY. So much of the money due to 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 actions or claims for damages as aforesaid. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California. This indemnity provision shall survive the termination of the AGREEMENT and is in addition to any other rights or remedies which Indemnitees may have under the law. This indemnity is effective without reference to the existence or applicability of any insurance coverage which may have been required under this AGREEMENT or any additional insured endorsements which may extend to Indemnitees. CONTRACTOR, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the CONTRACTOR regardless of any prior, concurrent, or subsequent passive negligence by the Indemnitees. 11. NON-DISCRIMINATION: Pursuant to Labor Code Section 1735, no discrimination shall be made in the employment of persons in the work contemplated by this AGREEMENT because of the race, color or religion of such person. A violation of this section exposes the CONTRACTOR to the penalties provided for in Labor Code Section 1735. 12. PAYMENT FUND: A City Council resolution established a Project Payment Account, encumbered money in the current budget, and assigned that money to the Project Payment Account, which is the sole source of funds available for payment of the contract sum set forth in Section 3 of this AGREEMENT. CONTRACTOR understands and agrees that CONTRACTOR will be paid only from this special fund and if for any reason this fund is not sufficient to pay CONTRACTOR, CONTRACTOR will not be entitled to payment. The availability of money in this fund, and CITY's ability to draw from this fund, are conditions precedent to CITY's obligation to make payments to CONTRACTOR. 13. TERMINATION: This AGREEMENT may be terminated by the CITY, without cause, upon the giving of a written "Notice of Termination" to CONTRACTOR at least thirty (30) days prior to the date of termination specified in the 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 and those 952059.1 reasonably necessary to effectuate the termination. CONTRACTOR shall not be entitled to any claim for lost profits. State of California "CONTRACTOR'S" License No. #267073 CONTRACTOR'S Business Phone (951) 736-7600 CONTRACTOR'S emergency phone which can be reached at any time: IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT with all the formalities required by law on the respective dates set forth opposite their signatures. By: Title: Date: By: Title: Date: CITY OF DIAMOND BAR, CALIFORNIA By: STEVE TYE, MAYOR Date ATTEST: By: TOMMYE CRIBBINS, CITY CLERK APPROVED AS TO FORM: DAVID DEBERRY, CITY ATTORNEY Date 952059.1 7 CITY COUNCIL Agenda # 6.4 Meeting Date: May 19, 2014 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Man6 TITLE: Authorize City Manager to exe?tecontract with Go -Live Technology, Inc. for Professional Services, for an Amount Not to Exceed $75,000 for the Period of July 1, 2015 through June 30, 2016 Recommendation: Approve. Budget/Financial Impact: There are sufficient funds in the approved FY15-16 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 2015/2016) Common services include semi-annual fee updates, staff training and support, vendor management, etc. Additional project deliverables for FY15/16 are listed in Exhibit A of the Professional Services Agreement. Prepared by: i Gly// � Ken Desforges, Director Information, Systems Budget/Financial Impact Reviewed by: Dianna Honeywell, Director Finance Attachments: Go Live Technology contract 2 CONSULTING SERVICES AGREEMENT This Agreement is made and entered into this 1St day of July 2015, 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, 2015. 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, 2015 and shall continue until June 30, 2016 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 total. 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 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 AV] 1. 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 Q 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. 932420.1 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: CITY OF DIAMOND BAR By: Tommye Cribbins, City Clerk James DeStefano, City Manager Approved as to form: By: David A. DeBerry, City Attorney "CONSULTANT" an Richard Chenette, President Go Live Technology, Inc. 932420.1 9 Exhibit "A" (July 1, 2015) 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 2015/2016) 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 / 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... CITY COUNCIL Agenda # 6 . 5 Meeting Date: May 19, 2015 AGENDA REPORT TO: Honorable Mayor and Members f the City Council VIA: James DeStefano, City Mana e TITLE: AWARD A DESIGN AND CONST UCTION MANAGEMENT SERVICES CONTRACT TO ITERIS, INC. FOR TRAFFIC SIGNAL INFRASTRUCTURE UPGRADES IN THE AMOUNT OF $88,790 PLUS A CONTINGENCY AMOUNT OF $9,000 FOR CHANGE ORDERS TO BE APPROVED BY THE CITY MANAGER FOR A TOTAL AUTHORIZATION AMOUNT OF $97,790. RECOMMENDATION: Award. FINANCIAL IMPACT: As part of the Fiscal Year 2014-2015 Capital Improvement Program (CIP), $70,000 of Proposition C funds, $230,000 of Prop A funds, $45,000 of Measure R funds, and $55,000 of AB2766 funds were budgeted for the design, construction and construction management services for the Traffic Signal Infrastructure Upgrades Project for a total allocation of $400,000. BACKGROUND/DISCUSSION: In June 2014, the Traffic Signal Operation & Maintenance Master Plan was completed by KOA Corporation and staff to provide an evaluation and a comprehensive inventory of the City's traffic signal system. The four (4) primary tasks associated with the Traffic Signal Operation & Maintenance Master Plan included assessing the current conditions and maintenance operations of the overall City's traffic signal system, identifying areas for improvements, discussing planned improvements for the City's traffic signal system, and recommending courses of action to address the deficiencies. A three (3) phase Traffic Signal Infrastructure Upgrades Plan was recommended with a total budget of $1.2M. Staff proposed an annual budget of $400,000 for the next three (3) fiscal years, beginning in the FY 2014-2015. Following is the 3 -year proposed improvements: Proposed Improvements FY 14-15 FY 15-16 FY 16-17 $60,000 — Rewire five $40,000 — Rewire three $30,000 — Rewire two intersections. intersections to be determined. intersections to be determined $240,000 — Replace 5.5 miles of $180,000 — Replace 4.3 miles $180,000 — Replace 4.3 miles of copper cables with new fiber optic of copper cables with new fiber copper cables with new fiber cables along Diamond Bar optic cables along Diamond optic cables along Lemon Boulevard between Grand Avenue Bar Boulevard between Grand Avenue between Golden Springs and Oak Crest Drive; Brea Avenue and Highland Valley Drive and Lycoming Street; Brea Canyon Road between Diamond Road; Golden Springs Drive Canyon between Washington Bar Boulevard and Silver Bullet between Brea Canyon Road Street and Pathfinder Road; and, Drive; and, Pathfinder Road and Calbourne Drive. Pathfinder Road between Brea between Diamond Bar Boulevard Canyon Road and Peaceful Hills and Fernhollow Drive. Road. $28,000 — Traffic signal $30,000 - Traffic signal $85,000 - Traffic signal component replacements such as component replacements such component replacements such as signal relays, conflict monitors, as signal relays, conflict signal relays, conflict monitors, traffic signal cabinets, pedestrian monitors, traffic signal cabinets, traffic signal cabinets, pedestrian countdown signal indications, and pedestrian countdown signal countdown signal indications, video detection cameras, indications, and video and video detection cameras. detection cameras. $72,000 — Replace 15 traffic signal $150,000 - Replace 30 traffic $105,000 - Replace 21 traffic controllers and firmware. signal controllers and firmware. signal controllers and firmware. The Traffic Signal Infrastructure Upgrades Phase I Project will enhance the overall communication network infrastructure by replacing existing copper cable with fiber optic cable to allow for higher data flow thus avoiding future reduction in bandwidth speed as more communication units (i.e., video detection cameras & closed circuit television cameras) are added to the system. The communication network will also be improved by rewiring five (5) intersections to improve wiring connection at the intersections and ultimately preventing malfunctions. Finally, upgrading traffic signal components/units such as signal relays, conflict monitors and traffic signal controller firmware and software inside the traffic signal cabinet will improve reliability & functionality. Staff is recommending the following comprehensive r -grades (Phase 1) to the traffic signal system. Rewiring: 1. Diamond Bar Boulevard & Cold Springs Lane 2. Diamond Bar Boulevard & K -Mart Drive 3. Golden Springs Drive & Diamond Bar Boulevard 4, Grand Avenue & Montefino Avenue 5. Grand Avenue & Lavender Drive 2 II. Interconnect Replacement: Replace 5.b miles of copper cable with new fiber optic cable along Diamond Bar Boulevard between Grand Avenue and Oak Crest Drive; Brea Canyon Road between Diamond Bar Boulevard and Silver Bullet Drive; and, Pathfinder Road between Diamond Bar Boulevard and Fernhollow Drive. III. Traffic Signal Components Upgrades: (new relays, conflict monitors, pedestrian countdowns signal indications, and/or video detection cameras): 1. Diamond Bar Boulevard & Tin/Crestview Drive 2. Diamond Bar Boulevard & Grand Avenue 3. Diamond Bar Boulevard & Mountain Laurel Way 4. Diamond Bar Boulevard & Maple Hill Road 5. Diamond Bar Boulevard & Kiowa Crest Drive 6. Golden Springs Drive & Adel Drive 7. Golden Springs Drive & Grand Avenue 8. Golden Springs Drive & High Knob Road IV. New 2070 Controllers with Omni eX Software Upgrades: 1. Brea Canyon Road & Diamond Bar Boulevard 2. Diamond Bar Boulevard & Temple Avenue 3. Diamond Bar Boulevard & Golden Springs Drive 4. Diamond Bar Boulevard & Grand Avenue 5. Diamond Bar Boulevard & Palomino Drive 6. Diamond Bar Boulevard & K -Mart Drive 7. Diamond Bar Boulevard & Sunset Crossing Road 8. Golden Springs Drive & Brea Canyon Road 9. Grand Avenue & Golden Springs Drive 10. Grand Avenue & Longview Drive 11. Grand Avenue & Summitridge Drive 12. Grand Avenue & Shotgun Lane 13. Grand Avenue & Montefino Avenue 14. Grand Avenue & Lavender Drive 15. Pathfinder Road & Fernhollow Drive See attached map (Attachment "A") showing Proposed Traffic Signal Upgrade locations. In March 2015, a Request for Proposals (RFP) was released for design and construction management/inspection services. The City mailed RFP's to four (4) traffic engineering consulting firms and received three (3) proposals as listed below. 1. DKS Associates $44,715.00 2. ITERIS, Inc. $88,790.00 2. ADVANTEC Consulting Engineers $89,704.00 3 All three (3) proposals were re�'ewed and evaluated by a panel of staff memL ers using a selection process that includeu the following criteria: 1. Understanding of project objectives and work 2. Experience and reputation of the firm 3. Experience and credentials of key personnel assigned to the project 4. Schedule, timeline, and reasonableness 5. Consultant's past record of performance in similar projects 6. The City's prior experience with the consultants 7. Familiarity with the geographical areas of the project and the City specific policies and requirements. To verify that each consultant fully understood the scope of work, staff conducted interviews with all three (3) firms. During the interview, staff asked each consultant to explain their project approach, design process and construction oversight in detail. Given the evaluation criteria above and the interview results, staff is recommending ITERIS, Inc. to provide design and construction management/inspection services for the Traffic Signal Infrastructure Upgrades Project. This is based on their qualifications, their strong understanding of the City's communication network/signal infrastructure systems and the City's Traffic Management System (TMS). ITERIS, Inc. is currently providing on-call traffic engineering and ITS services to the City including communication system trouble shooting, communication configuration and integration, and TMS support. Though DKS Associates provided the lowest fee, their proposed design and construction management hours, project understanding, and project approach did not fully reflect the scope of work desired by the City. See table below for resource allocations: Resource Allocation (hours) DKS Associates Advantec Consulting Engineers ITERIS, Inc. Design 171 531 524 Construction Management 160 94 100 The project schedule is tentatively set as follows: Award Design Contract May 2015 Bid/Award Contract July 2015 Begin Construction August 2015 Construction Completed September 2015 Staff recommends Council award a contract to ITERIS, Inc. for the Traffic Signal Infrastructure Upgrades Project in the amount of $88,790. 13 PREPARED BY: Christian Malpica, Associate Engineer REVIEWED BY: David G. Liu, Director of Public Works Date Prepared: May 13, 2015 Attachment: Attachment "N' - Map Contract Agreement with ITERIS, Inc. Exhibit "B" - ITERIS, Inc. Proposal, dated March 23, 2015 Attachment "A" Map - Traffic Signal Infrastructure Upgrades Locations S�M1 HTS a4 K N W "Nm � �K a# nrona uq k $ 51N14, 4t LEGEND: w 0 REWIRING INTERSECTION (5) i TRAFFIC SIGNAL COMPONENTS UPGRADES (8) �. 0 NEW 2070 CONTROLLERS WITH OMNI eX SOFTWARE UPGRADES (15) FIBER OPTIC INTERCONNECT (5.5 ml) CONSULTING SERVICES AGREEMENT THIS AGREEMENT is made as of May 19, 2015 by and between the City of Diamond Bar, a municipal corporation ("City") and ITERIS, Inc., ("Consultant"). RECITALS A. City desires to utilize the services of Consultant as an independent contractor to provide consulting services to City as set forth in Exhibit "A", the City's Request for Proposals dated March 6, 2015. B. Consultant represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expertise of its principals and employees. NOW, THEREFORE, in consideration of performance by the parties of the covenants and conditions herein contained, the parties hereto agree as follows: 1. Consultant's Services. A. Scope of Services. The nature and scope of the specific services to be performed by Consultant are as described in Exhibit "B" the Consultant's Proposal, dated March 23, 2015 to the City's Request for Proposals. B. Level of Services/Time of Performance. The level of and time of the specific services to be performed by Consultant are as set forth in Exhibit "B." 2. Term of Agreement. This Agreement shall take effect May 19, 2015, and shall continue 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 $88,790. 4. General Terms and Conditions. In the event of any inconsistency between the provisions of this Agreement and Consultant's proposal, the provisions of this Agreement shall control. 5. Addresses. City: James DeStefano, City Manager Consultant: Ramin Massoumi City of Diamond Bar ITERIS, Inc. 21825 Copley Drive 1700Carnegie Ave., Sutie100 Diamond Bar, CA 91765-4178 Santa Ana, California 92705 6. Status as Independent Contractor. A. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City. B. Consultant agrees to pay all required taxes on amounts paid to Consultant under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. In the event that City is audited by any Federal or State agency regarding the independent contractor status of Consultant and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between City and Consultant, then Consultant agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto. C. Consultant shall fully comply with the workers' compensation law regarding Consultant and Consultant's employees. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this Section 6. D. Consultant shall, at Consultant's sole cost and expense fully secure and comply with all federal, state and local governmental permit or licensing requirements, including but not limited to the City of Diamond Bar, South Coast Air Quality Management District, and California Air Resources Board. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with the requirements in Section 6. Additionally, the City shall have the right to offset against the amount of any fees due to Consultant under this Agreement for any amount or penalty levied against the City for Consultant's failure to comply with Section 6. 7. Standard of Performance. Consultant shall perform all work at the standard of care and skill ordinarily exercised by members of the profession under similar conditions. 8. Indemnification. Consultant shall indemnify, defend with counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with Consultant 's negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to z comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole active negligence or willful misconduct of the City (meaning that Consultant shall indemnify and defend City notwithstanding any alleged or actual passive negligence of City which may have contributed to the claims, damages, costs or liability). Should City in its sole discretion find Consultant's legal counsel unacceptable, then Consultant shall reimburse the City its costs of defense, including without limitation reasonable attorneys fees, expert fees and all other costs and fees of litigation. The Consultant shall promptly pay any final judgment rendered against the City (and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have been the result of the Consultant's negligence, recklessness or willful misconduct. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement. 9. Insurance. Consultant shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company authorized to do business in the State of California and approved by the City (1) a policy or policies of broad -form comprehensive general liability insurance with minimum limits of $1,000,000.00 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Consultant, its officers, employees, agents, and independent contractors in performance of services under this Agreement; (2) property damage insurance with a minimum limit of $500,000.00; (3) automotive liability insurance, with minimum combined single limits coverage of $500,000.00; (4) professional liability insurance (errors and omissions) to cover or partially cover damages that may be the result of errors, omissions, or negligent acts of Consultant, in an amount of not less than $1,000,000 per occurrence and at least $1,000,000 aggregate; and (5) worker's compensation insurance with a minimum limit of $500,000.00 or the amount required by law, whichever is greater. City, its officers, employees, attorneys, and volunteers shall be named as additional insureds on the policy(ies) as to comprehensive general liability, property damage, and automotive liability. The policy (ies) as to comprehensive general liability, property damage, and automobile liability shall provide that they are primary, and that any insurance maintained by the City shall be excess insurance only. A. All insurance policies shall provide that the insurance coverage shall not be non -renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City thirty (30) day's prior written notice thereof. Consultant agrees that it will not cancel, reduce or otherwise modify the insurance coverage. B. All policies of insurance shall cover the obligations of Consultant pursuant to the terms of this Agreement; shall be issued by an insurance company which is authorized to do business in the State of California or which is approved in writing by the City; and shall be placed with a current A.M. Best's rating of no less than A-, VII. C. Consultant shall submit to City (1) insurance certificates indicating compliance with the minimum worker's compensation insurance requirements above, 3 and (2) insurance policy endorsements indicating compliance with all other minimum insurance requirements above, not less that one (1) day prior to beginning of performance under this Agreement. Endorsements shall be executed on City's appropriate standard forms entitled "Additional Insured Endorsement", or a substantially similar form which the City has agreed in writing to accept. D. Self Insured Retention/Deductibles. All policies required by this Agreement shall allow City, as additional insured, to satisfy the self-insured retention ("SIR") and/or deductible of the policy in lieu of the Owner (as the named insured) should Owner fail to pay the SIR or deductible requirements. The amount of the SIR or deductible shall be subject to the approval of the City Attorney and the Finance Director. Owner understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by Owner as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should City pay the SIR or deductible on Owner's behalf upon the Owner's failure or refusal to do so in order to secure defense and indemnification as an additional insured under the policy, City may include such amounts as damages in any action against Owner for breach of this Agreement in addition to any other damages incurred by City due to the breach. 10. Confidentiality. Consultant in the course of its duties may have access to confidential data of City, private individuals, or employees of the City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. Notwithstanding the foregoing, to the extent Consultant prepares reports of a proprietary nature specifically for and in connection with certain projects, the City shall not, except with Consultant's prior written consent, use the same for other unrelated projects. 11. Ownership of Materials. All materials provided by Consultant in the performance of this Agreement shall be and remain the property of City without restriction or limitation upon its use or dissemination by City. Consultant may, however, make and retain such copies of said documents and materials as Consultant may desire. 12. Conflict of Interest. A. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by Consultant under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest which 4 would conflict in any manner with the performance of its services pursuant to this Agreement. B. Consultant covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of hardware or software to City as a result of the performance of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. 13. Termination. Either party may terminate this Agreement with or without cause upon fifteen (15) days' written notice to the other party. However, Consultant shall not terminate this Agreement during the provision of services on a particular project. The effective date of termination shall be upon the date specified in the notice of termination, or, in the event no date is specified, upon the fifteenth (15th) day following delivery of the notice. In the event of such termination, City agrees to pay Consultant for services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written notice of termination, Consultant shall discontinue performing services. 14. Personnel. Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Consultant or under it supervision, and all personnel engaged in the work shall be qualified to perform such services. Consultant reserves the right to determine the assignment of its own employees to the performance of Consultant's services under this Agreement, but City reserves the right, for good cause, to require Consultant to exclude any employee from performing services on City's premises. 15. Non -Discrimination and Equal Employment Opportunity. A. Consultant shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement, and will comply with all rules and regulations of City relating thereto. Such nondiscrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. B. Consultant will, in all solicitations or advertisements for employees placed by or on behalf of Consultant state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. C. Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials. M 16. Assignment. Consultant shall not assign or transfer any interest in this Agreement nor the performance of any of Consultant's obligations hereunder, without the prior written consent of City, and any attempt by Consultant to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect. 17. Compliance with Laws. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. 18. Non -Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 19. Attorney's Fees. In the event that either party to this Agreement shall commence any legal or equitable action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees and costs, including costs of expert witnesses and consultants. 20. Mediation. Any dispute or controversy arising under this Agreement, or in connection with any of the terms and conditions hereof, shall be referred by the parties hereto for mediation. A third party, neutral mediation service shall be selected, as agreed upon by the parties and the costs and expenses thereof shall be borne equally by the parties hereto. In the event the parties are unable to mutually agree upon the mediator to be selected hereunder, the City Council shall select such a neutral, third party mediation service and the City Council's decision shall be final. The parties agree to utilize their good faith efforts to resolve any such dispute or controversy so submitted to mediation. It is specifically understood and agreed by the parties hereto that referral of any such dispute or controversy, and mutual good faith efforts to resolve the same thereby, shall be conditions precedent to the institution of any action or proceeding, whether at law or in equity with respect to any such dispute or controversy. 21. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during regular business hours or by facsimile before or during regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section. 22. Governing Law. This Contract shall be interpreted, construed and enforced in accordance with the laws of the State of California. 9 23. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument. 24. Entire Agreement. This Agreement, and any other documents incorporated herein by specific reference, represent the entire and integrated agreement between Consultant and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by the City Manager or the Mayor and attested by the City Clerk. 25. Exhibits. All exhibits referred to in this Agreement are incorporated herein by this reference. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. "City" ATTEST By: Tommye Cribbins, City Clerk Approved as to form: By: City Attorney "CONSULTANT" By: Its: CITY OF DIAMOND BAR 0 Steve Tye, Mayor ITER1&fi,° ,, jo Dene. rnoe0iry March 23, 2015 Christian Malpica Associate Engineer City of Diamond Bar Public Works Department 21810 Copley Drive Diamond Bar, CA 91765 EXHIBIT "B" Re: Proposal for Design and Construction Inspection Services for Traffic Signal Infrastructure Upgrades P15-0299.15 Dear Mr. Malpica: Iteris, Inc. (Iteris) is pleased to submit this Proposal for Design and Construction Inspection Services for Traffic Signal Infrastructure Upgrades, to the City of Diamond Bar. Iteris is a leader in providing intelligent information solutions to the Traffic Management Industry, including ITS design and construction inspection projects that expand and leverage existing systems. Iteris' decades of expertise in traffic management, along with superior services and patented products help: detect, measure, and manage traffic and vehicular performance; minimize traffic congestion; and empower clients with solutions to better manage their transportation networks. Iteris is headquartered in Santa Ana California with offices nationwide. This project will be led out of Iteris' Santa Ana office with extensive expert staff available for the City of Diamond Bar's engineering needs. Iteris offers several key advantages for the City of Diamond Bar related to this ITS project. They include: • Detailed, relevant experience working directly for the City of Diamond Bar. Iteris staff developed an effective working relationship with the City staff which allows Iteris to develop consensus, complete design, and deliver successful projects quicker. • Depth of project management and technical staff with close proximity to the City. Iteris' staffing plan has identified multiple staffing groups of experienced engineers available to deliver this project for the City of Diamond Bar efficiently and effectively. The number and depth of staff Iteris has with relevant Diamond Bar experience allows Iteris to work on multiple tasks simultaneously providing efficient and effective project delivery. • Proven track record of delivering projects for the City of Diamond Bar and throughout the Country. Iteris' unique expertise in ITS Design, Inspection and Integration as well as TMC support and integration, traffic system integration expertise and traffic system operation and maintenance has allowed us to deliver similar types of projects throughout the years for agencies like the City of Diamond Bar. Thus, Iteris provides proven designs that meet client objectives. • Proven work approach. Iteris' approach to this project is built off of relevant experience with the City of Diamond Bar in allocating the expert staff with direct City experience and expertise with the City's methods, practices and needs ensures project tasks are scoped and delivered efficiently and effectively with little required oversight by City staff freeing up their time to focus on their important responsibilities. • Experienced Project Manager — Iteris has designated Gabe Murillo as the Project Manager for this project. Mr. Murillo has over 24 years' experience managing and delivering projects of identical scope and scale for agencies throughout the country and understands the needs the City of Diamond Bar related to current and future traffic operation needs. 1700Camegie Avenue I Suite 100 1 Santa Ana I CA 192705-5551 1 tel.949.270.9400 I fax949.270.9401 I w .iteris.com ITERIS` fo. Aetterrn°Ariitp I am authorized to negotiate this contract on behalf of the firm. I am located at the corporate headquarters in Santa Ana, CA. I attest that all information contained within this proposal is true and correct. My full contact information Is as follows: Mr. Ramin Massoumi Senior Vice President and General Manager Transportation Systems 1700 Carnegie Avenue, Suite 100 Santa Ana, California 92705-5551 (949) 270-9527 1 rmm@iteris,com Thank you very much for the opportunity to submit this proposal. Iteris looks forward to this new opportunity to continue assisting the City of Diamond Bar on important and successful ITS design, construction and deployment projects. Please feel free to call me at (949) 270-9527, or the designated Project Manager, Mr. Murillo, at (949) 270- 9582, should you have any questions. Sincerely, Iteris, Inc. /L,L aak� Ramin Massoumi Senior Vice President and General Manager Transportation Systems 1700 Carnegie Avenue I Suite 100 1 Santa Ana I CA 192705-5551 1 tel. 949.270.9400. 1 fax 949.270.9401 1 www.iteds.com Iteris' Response to Request for Proposal for Design and Construction Inspection Services for Traffic Signal Infrastructure Upgrades C I PROJECT DESIGN With extensive traffic engineering and transportation planning knowledge and experience the staff possesses, Iteris can offer a wide variety of traffic and transportation consulting services to the City of Diamond Bar. The following paragraphs describe our general approach to providing design services. Project Understanding Located on the eastern edge of Los Angeles County, the City of Diamond Bar is within minutes of major metropolitan business centers in Los Angeles, Orange, Riverside, and San Bernardino counties. The City is accessible from the Pomona (60) and Orange (57) freeways and is home to approximately 56,000 residents. In order to better serve its community, the City is planning to upgrade their existing traffic signal infrastructure including intersection rewiring, replacement of 5.5 miles of existing copper cable with new fiber optic communication cable, controllers, video detection cameras, conflict monitors, signal relays, pedestrian countdown signal indications and associated improvements along several corridors in the City of Diamond Bar. Currently, the City of Diamond Bar's traffic signal system is composed of 170 traffic signal controllers running LACO- 4E firmware. The traffic signal controllers are managed through TransSuite, the City's Advanced Traffic Management System (ATMS). Communications between the traffic signal controllers and the ATMS is achieved through the City's extensive traffic communications network. The communications network infrastructure is composed of fiber optic and twisted pair (TWP) copper cable. RuggedCom Ethernet switches, were deployed to communicate over the communications infrastructure. Ethernet technology not only allows the City to communicate with its traffic signal controllers but has also allowed the City to communicate to other Intelligent Transportation Systems (ITS) such as Battery Back-up systems (BBS), Video Image Detection Cameras (VIDs), and Closed Caption Television Cameras (CCTVs). Every device added to the network decreases the available bandwidth. This is even more so the case when dealing with high bandwidth consumption activities such as streaming video from CCN and VID cameras. Each video stream can account for 2 to 6 Mbps depending on the compression software and quality of the device. The City's fiber optic network can easily handle high video demand as it is a 100 Mbps network communicating, in some locations, onto a Gigabit trunk back to the City's TMC where the ATMS resides. Theoretically, it would take 20 cameras set to a bandwidth of 5 Mops to entirely consume the available bandwidth. The Ethernet over copper Very high bit digital subscriber line (VDSL) technology, on the other hand, cannot achieve the bandwidth capacity offered by its fiber counterpart. VDSL technology allows for Ethernet communication over TWP copper interconnect. At short distances, bandwidths of 30 to 50 Mops ran be obtained. As the distance increase and/or the integrity of the TWP copper cable declines, the obtainable bandwidths begin to decrease. At the integration of the City's Ethernet over copper network, the City's main goal was to communicate with its traffic signal controllers to manage their timing and increase traffic flow with a couple of CCN cameras on major corridors to visually assess traffic conditions. The RuggedCom VDSL switches deployed adequately provided sufficient bandwidth between 6 and 40 Mbps to support all the equipment deployed at the time. As ITS technology has advanced, so have the number of Ethernet ready ITS devices that can communicate over the City's communications network. This has allowed the City to deploy and communicate with a multitude of ITS devices such as BBSs, VIDs, and CCTVs that have allowed the City to better serve the community's traffic and safety needs. The BBS units allow for signals to remain on during power outages while the video streams provided by the VID and CCN cameras allow the timing engineers to visually assess traffic flow in real time. Because of the required bandwidth of the devices, The City has been limited to the amount of devices that can be deployed at locations with TWP copper interconnect. To address this limitation, the City is proposing the replacement of 5.5 miles of TWP copper interconnect with 24 -strand single mode fiber optic (24 SMFO) along the following corridors: ITERIS' .Ao� Page 118 Iteris' Response to Request for Proposal for Design and Construction Inspection Services for Traffic Signal Infrastructure Upgrades Imo, • Diamond Bar Boulevard between Grand Avenue and Oak Crest Drive • Brea Canyon Road between Diamond Bar Boulevard and Silver Bullet Drive • Pathfinder Road between Diamond Bar Boulevard and Fernhollow Drive In order to further upgrade the City's Traffic signal system, the City is also planning make the following upgrades throughout the City: • Rewire five (5) Intersections 1. Diamond Bar Boulevard and Cold Springs Lane 2. Diamond Bar Boulevard and K -Mart Drive 3. Golden Springs Drive and Diamond Bar Boulevard 4. Grand Avenue and Montefino Avenue S. Grand Avenue and Lavender Drive • Perform Traffic Signal Upgrades 1. Diamond Bar Boulevard and Tin/Crestview 2. Diamond Bar Boulevard and Grand Avenue 3. Diamond Bar Boulevard and Mountain Laurel Way 4. Diamond Bar Boulevard and Maple Hills Road 5. Diamond Bar Boulevard and Kiowa Crest Drive 6. Golden Springs Drive and Adel Drive 7. Golden Springs Drive and Grand Avenue 8. Golden Springs Drive and High Knob Road • Traffic Signal Controller Upgrades from 170s with LACO-4E to 2070s with Omni eX Software 1. Brea Canyon Road and Diamond Bar Boulevard 2. Diamond Bar Boulevard and Temple Avenue 3. Diamond Bar Boulevard and Golden Springs Drive 4. Diamond Bar Boulevard and Grand Avenue 5. Diamond Bar Boulevard and Palomino Drive 6. Diamond Bar Boulevard and K -Mart Drive 7. Diamond Bar Boulevard and Sunset Crossing 8. Golden Springs Drive and Brea Canyon Road 9. Grand Avenue and Golden Springs Drive 10. Grand Avenue and Longview Drive 11. Grand Avenue and Summitridge Drive 12. Grand Avenue and Shotgun Lane 13. Grand Avenue and Montefino Avenue 14. Grand Avenue and Lavender Drive 15. Pathfinder Road and Fernhollow Drive The successful completion of the project will meet the City's objective to Improve traffic signal timing/coordination and monitoring. Iteris is committed to not only successfully completing the project but to accomplish it in a manner that will prepare the City for future ITS improvements. Figure 2 below illustrates the Traffic Signal Upgrades proposed by the City. ITERIS Page 119 Iteris' Response to Request for Proposal for Design and Construction Inspection Services for Traffic Signal Infrastructure Upgrades Figure 2: Proposed Traffic Signal Upgrades Scope of Work The detailed Scope of Work (SOW) provided has been developed based on Iteris' experience working on similar ITS and traffic system projects and our working history with City for the past 4 -years. Its focus will be to detail Iteris' methods and procedures for the successful completion of the City's Traffic Signal Infrastructure Upgrades project. What is unique to Iteris is our team's extensive experience supporting the City of Diamond Bar as well as many local agencies. Iteris staff have a long history of addressing transportation issues throughout southern California and have been involved with the design, deployment and maintenance support of communication networks, signal detection, CCTVs, CMSs, signal systems, controllers, and signal timing. In fact, Iteris is the only local firm with the experience and expertise to provide services that range from ITS planning, design, construction support and integration to ITS operations and maintenance, all with in-house staff. It is this hands-on, in the field experience that has guided us in developing this SOW outline. Through the combination of our experience and proven track record, Iteris will provide accurate design plans, cost estimate, existing conditions assessment, construction inspection support and recommendations that reflect the City's commitment to implement beneficial transportation management solutions. Design Methods and Procedures The following Scope of Work was developed based on Iteris' understanding of the Design project components and experience on similar projects. The final Scope of Work will be determined during the City's evaluation process to ensure that the City's goals can and will be achieved. Iteris proposes various tasks that will be performed during the project development process. Iteris has organized the work scope into the tasks noted: ITERIS Page 120 teris' Response to Request for Proposal for Design and Construction Inspection Services for Traffic Signal Infrastructure Upgrades A. Project Design • Task 0: Project Management • Task 1: Design PS&E and Bid Support B. Construction Administration/Inspection • Task 2: Construction Administration/Inspection Services Optional Tasks • Task 3: Optional Integration and Timing Conversion Services This section of the proposal presents the Iteris project team's design methods and procedures to successfully completing the ITS Design Services for Traffic Signal Infrastructure Upgrades on schedule and budget. © Task 0. Project Management Iteris strongly believes that excellent project management is essential for the successful completion of any project. Successful completion does not only mean finishing the project, but also completing the project to the client's satisfaction within budget and on schedule that also results in an efficient construction project void of change orders. As part of Iteris' project management strategy, Mr. Gabriel Murillo will serve as the Project Manager (PM) for this project. Mr. Murillo has served as the PM for similar projects completed for the Cities of Corona, Fountain Valley, Long Beach and Westminster, as well as several other similar projects. Mostly recently, Mr. Murillo served as the Project Manager to redesign the City of Fountain Valley's traffic signal communications network into a ring topology. Mr. Murillo's team's integration of a ring network for the City provided a redundant network which highly reduces the possibility of communication loss to multiple intersections should one fail. He will be the principal contact with the City of Diamond Bar per the City's direction. As part of the Project Management task, Mr. Murillo will be available to City staff should specific questions arise throughout the duration of the project. PROJECT MANAGEMENT METHODOLOGY Iteris' PM methodology has been developed through many years of experience; and has proven effective in measuring progress, anticipating problems, reacting quickly to changes in the requirements and maintaining schedule integrity. Iteris' PM methodology, discussed below, is designed with checks and balances that have resulted In an impressive track record of successful projects. TEAM COMMUNICATION Active and open communication between the team (including the City of Diamond Bar's PM) is vital. Communication is essential to the successful outcome of any project. Iteris' primary objective is to keep the City abreast of the developments that impact the project. QUALITY ASSURANCE/QUALITY CONTROL (QA/QC) Iteris' ability to implement high-quality deliverables is a result of the adherence to a quality assurance program that ensures accuracy, product usability and an overall commitment to product excellence and user satisfaction. The Iteris PM ensures the team commitment to these objectives by identifying goals at the outset of the project and monitoring the product implementation and delivery process. Iteris strives to improve the processes and tools used to provide high-quality products and services. INTERNAL QA/QC Iteris' quality assurance also includes internal management reviews. Iteris upper-level management is committed to maintaining a proper environment for the successful execution of the project, providing projects with adequate resources, and monitoring the effectiveness of the project PM and the project team. Internal management conducts ITERIS /%�� Page 121 fns. I)LLNIIPII IhUt Iteris' Response to Request for Proposal for Design and Construction Inspection Services for Traffic Signal Infrastructure Upgrades monthly project review meetings, reviewing the current project status against the current project schedule to ensure that projects are kept on schedule and on budget. PROJECT KICK-OFF MEETING Shortly after receipt of Notice to Proceed, a project kickoff meeting will take place, which will be attended by representatives from the Iteris Team and the City. The purpose of this meeting is to ensure that participants understand and support the goals of the project and the plan to achieve them. PROJECT SCHEDULE Iteris is fully committed to initiate the field review immediately after the notice to proceed (NTP) is given. Iteris has the local staff and resources required to meet the City's proposed time frame of one (1) month. The project schedule is discussed in full detail In Section E. Project Scheduling. Deliverables: • Project Kick-off Meeting Minutes • Monthly Invoices © Task 1. Design Services Iteris strongly believes that a thorough and accurate assessment of the existing conditions is essential in providing improvement recommendations and design plans that will be instrumental in the successful deployment of the City's Traffic Signal Infrastructure Upgrades project. A thorough assessment should provide a full understanding of the existing system and establish a foundation for any potential future traffic system upgrades. The key personnel that Iteris has assigned to each component are extremely qualified and experienced in performing these services and will be pleased to support the City. Subtask 1.1. Field Review The framework for a viable and efficient design begins with a solid field investigation effort. Prior to commencement of plan preparation, a field investigation will be conducted along the proposed project corridors, intersections and the City's TMC. The field investigation will include a thorough reconnaissance of the project corridors to familiarize the design team with the characteristics unique to each location. There are two task required in performing a thorough review; 1) Reviewing design and as -built documents and 2) Conducting a field review to verify the existing conditions. The first task is to review all design and as -built documents provided by the City. This is essential before complete assessments of the fiber upgrade corridors, traffic signal controller cabinet inventory, communication facilities and other traffic signal support systems within the City's Traffic Signal Infrastructure Upgrades RFP project scope is conducted. Once Iteris has reviewed the design and as -built documents provided by the City, the field review task will be conducted. Iteris has extensive experience in conducting this type of assessment and has developed a thorough checklist that is used on projects of this nature. The checklist is employed by all staff conducting assessments to ensure that the same information is collected by all Iteris personnel. The checklist is to be presented to the City for review during the kickoff meeting. This provides the City with an opportunity to review this checklist in advance of any field work performed to ensure a mutual understanding of the data that will be collected to ensure all the ITEpis _400"l Page 122 tens' Response to Request for Proposal for Design and Construction Inspection Services for Traffic Signal Infrastructure Upgrades information necessary for detailed project plans meet the City's current and future needs. Figure 3 illustrates an example of the level of detail Iteris provides in an equipment inventory: Figure 3: Example of Equipment Inventory Detail •1s M~W Hw Rovk d W Kw" t'fnf Ihrfr unr.wura w Wt. I /s M The field review will not only note the existing conditions of the specific project study area but will also serve to begin identifying existing deficiencies in the City's existing conduit infrastructure. The review team will immediately notify the project PMs of any potential issues observed. The sooner issues are notified, the sooner solutions can be identified. All required field data collection, observations and field surveys will be conducted, at a minimum, by two engineers with extensive experience relating to traffic signal control and Intelligent Transportation Systems (ITS) networks. This approach will not only assure the completeness and accuracy of field conditions, but will also ensure that all the operational aspects of the traffic signal system and the ITS devices are taken into consideration. The engineers will also have the expertise to determine all communication and ITS needs for this project as well as the City's future deployments. A photo log of each location and fiber installation segment will be taken which will include photos at all project signalized intersections within the proposed fiber optic corridor. This information will be extremely useful during the design process and will significantly reduce and in some cases eliminate unnecessary revisits to the site. This information will be provided to the City as part of the Inventory of Existing Equipment inside Traffic Signal Controllers along the proposed fiber optic corridors. Iteris assumes that the City will provide the following information to support the preparation of the detailed design: 1. Any applicable as -built plans for the Project Area 2. City "Boilerplate" Specifications ITERIS' /0r� Page 123 Psmn".1 An An.hwAr Lwwe t.ullnn. •� fr�.�:.Nr ... •1s M~W Hw Rovk d W Kw" t'fnf Ihrfr unr.wura w Wt. I /s M The field review will not only note the existing conditions of the specific project study area but will also serve to begin identifying existing deficiencies in the City's existing conduit infrastructure. The review team will immediately notify the project PMs of any potential issues observed. The sooner issues are notified, the sooner solutions can be identified. All required field data collection, observations and field surveys will be conducted, at a minimum, by two engineers with extensive experience relating to traffic signal control and Intelligent Transportation Systems (ITS) networks. This approach will not only assure the completeness and accuracy of field conditions, but will also ensure that all the operational aspects of the traffic signal system and the ITS devices are taken into consideration. The engineers will also have the expertise to determine all communication and ITS needs for this project as well as the City's future deployments. A photo log of each location and fiber installation segment will be taken which will include photos at all project signalized intersections within the proposed fiber optic corridor. This information will be extremely useful during the design process and will significantly reduce and in some cases eliminate unnecessary revisits to the site. This information will be provided to the City as part of the Inventory of Existing Equipment inside Traffic Signal Controllers along the proposed fiber optic corridors. Iteris assumes that the City will provide the following information to support the preparation of the detailed design: 1. Any applicable as -built plans for the Project Area 2. City "Boilerplate" Specifications ITERIS' /0r� Page 123 Iteris' Response to Request for Proposal for Design and Construction Inspection Services for Traffic Signal Infrastructure Upgrades .ate Subtask 1.1 Deliverable: Inventory of Existing Equipment inside Traffic Signal Controllers along the proposed fiber optic corridors Subtask 1.2. PS&E 100% and Final Upon the completion of the field review, Iteris will begin to prepare the design plans for the project. The expedited nature of this project demands PS&E submittals at 100% and Final stages. The sooner the project team can deliver the design plans at 100`x, the sooner the City can review and provide comments on a complete PS&E package to ensure that the Final PS&E deliverable meets the City's standards. Iteris has the qualified staff and resources at hand to deliver accurate and well prepared design plans within the City's proposed time frame of one month. This task will focus on the preparation of 100% and Final PS&E deliverables. Iteris has extensive experience in providing traffic engineering design and preparation of ITS improvement plans and technical specifications for and not limited to the following: • Proposed Fiber, TWP Copper Interconnect, and Wireless Upgrades • Signal Controllers and Cabinets • CCN Cameras • Communication Hubs • Traffic Signal Improvements • System Detection • TMC Improvements r u Iteris staff is capable of providing these services in accordance with the design policies and standard plans of the City of Diamond Bar which include: • Standard Specifications for Public Works Construction (Latest Edition) • Standard Plans for Public Works Construction (Latest Edition) • California on Uniform Traffic Control Devices (MUTCD) - in conjunction with the City Standard Specification and Plans • Plan Scale should be appropriate to convey design details, typically at 1 inch = 40 feet for fiber optic design plans • Plans will be prepared in AutoCAD compatible format Subtask 1.2.1. 100% PS&E Submittal At 100% completion, Iteris will provide the City with a full set of design plans including estimates and specifications. The deliverable will include the following items: • Communication infrastructure, including conduit, pull boxes, splicing details etc., at 40 -scale • Communication infrastructure details for the installation of conduit, pull boxes and splice vaults, as applicable • Traffic signal controller (Type 2070 with Omni eX software), cabinets and communication hardware (Ethernet switches) upgrades at 40 -scale as part of the communication plans ITERIS Page 124 DI�►`IONt D ►►AIR; Iteris' Response to Request for Proposal for Design and Construction Inspection Services for Traffic Signal Infrastructure Upgrades • Detailed communication block diagrams for field equipment and hardware, nodes and communication hubs (TMC) • Rewire locations called out for bid documents Per the City's direction, these locations will be included in the plans with a note stating that the contractor shall be responsible for the proper rewiring of the traffic signal intersection from lose wire to multi -conductor (Type IMSA) cable. Per the City's request, Iteris will conduct a field check to confirm the existing standards and respective phases but will not verify conduits or conduit percent fills • Traffic signal upgrade locations reflecting new relays, conflict monitors, pedestrian countdowns signal indications, and/or video detection cameras as specified by the City for bid documents o Iteris will Include these locations on the plans to depict the upgrades that the contractor will be responsible for at each location. • Cost estimate in tabular form in Microsoft Excel for each item showing quantity, unit, unit price and total costs • All technical specifications, bid items, quantities, construction period, and payment items are to be included and delivered in Microsoft Word compatible format Typical construction detail sheets will also be prepared to support construction of items shown on the field element design plans. These sheets will cover details such as mounting configuration and hardware, and the installation of field element equipment. These sheets will also cover details such as trench configurations, pull box/splice vault details, risers, sweeps and bend requirements, structure crossings, splice procedures, arrangement of multiple field cabinets, cabinet equipment layout and power distribution assembly, and others needed to clearly illustrate the work required. The design plans will be prepared by or under the direction of a Civil Engineer registered in the State of California. Each plan sheet will bear the professional seal, certificate number, registration classification, and signature of the professional engineer responsible for its preparation. Upon the City's review, Iteris will schedule a walkthrough with the City to discuss any comments and concerns that the City may have. Once all concerns are addressed, Iteris will proceed to preparing the Final PS&E Package. Iteris assumes that the City will provide the following information to support the preparation of the detailed design. 1. Utility contact information 2. 20 and 40 -scale plans (electronically, scanned .tiff files or hard copies) for the signalized intersections within the limits of the communication segments previous identified in this task 3. Aerials and/or GIS files that include the communication segments previous identified in this task 4. Available CAD files for the intersections and routes that are identified in the RFP 5. Bid forms and boilerplates for the City's special provisions Subtask 1.2.1 Deliverable: • 100% Plan Submittal prepared in 20" and 40" scale and submitted in 11" x 17" sheet format as well as in Adobe Acrobat format. (2 full-size sets plus electronic copy) Subtask 1.2.2. Final PS&E Submittal Upon receiving comments from the City, utilities and third party entities, Iteris will prepare the Final PS&E submittal. The Final PS&E submittal will reflect all applicable comments provided by the reviewing parties. The final design plans will show all necessary information in adequate detail to permit construction staking directly there from and indicate and delineate all details necessary for a construction contractor. ITERIS Page 125 Iteris' Response to Request for Proposal for Design and Construction Inspection Services for Traffic Signal Infrastructure Upgrades The final specifications will provide documentation for applicable communication infrastructure and equipment, traffic signal controllers and cabinets, VIDs, VID mounts and cabling, signal system detection and all other equipment and material required to complete the Traffic Signal Infrastructure Upgrades deployment. Final construction cost estimates will be provided in the form of a bid schedule. A detailed breakdown by project tasks, materials, components, etc. will be included in the Bid package. The bid package will include detailed bid item descriptions for each bid listed in the bid schedule and prepared for the purpose of soliciting construction bids. The final estimates will be updated to reflect any revisions presented by the City in the 100% PS&E deliverable. Subtask 2.3 Deliverables: • Final PS&E Set prepared in 20" and 40" scale and submitted in 11" x 17" sheet format as well as in Adobe Acrobat format. (2 full-size sets plus electronic copy) • Final PS&E on CD or DVD containing: o All design plans in AutoCAD format o Specifications in standard Microsoft Word format o Engineer's Cost Estimate in standard Microsoft Excel format o Field review photographs, and other studies Subtask 1.2.3. As-Builts Once construction is completed, Iteris will incorporate all changes to the design plans presented by the construction contractor and incorporate them into a final set of As -Built plans. The As -built plans will be presented to the City in 11" x 17" format as well as Adobe Acrobat and AutoCAD format. Iteris will prepare the following construction drawings for the project, as noted in Table S. Table 5: Construction Drawings to be Prepared Title Sheet Depict project title and boundaries Fiber Construction Plans Drawn in 40" Scale, these drawings will show the pertinent construction information for the fiber optic upgrades Drawn in 40" Scale, these drawings will illustrate the locations that will receive rewire and Traffic Signal Upgrade Plans equipment upgrades (Relays, conflict monitors, VIDs, 2070 Controllers, etc., and will include the instructions for the bidding construction contractors to follow Fiber Splice Diagrams These drawings will demonstrate how the fiber strands are to be spliced at each node and at each controller cabinet These sheets will cover details such as mounting configuration and hardware, and the installation of field element equipment. These sheets will also cover details such as trench Detail Sheets configurations, pull box/splice vault details, risers, sweeps and bend requirements, structure crossings, splice procedures, arrangement of multiple field cabinets, cabinet equipment layout and power distribution assembly, and others needed to clearly illustrate the work required Subtask 1.2.3 Deliverables: • Final As -Built Set prepared in 20" and 40" scale and submitted in 11" x 17" sheet format as well as in Adobe Acrobat and AutoCAD. (2 full-size sets plus electronic copy) Subtask 1.3. Bid Support Iteris staff will be available to assist the City with Request for Information (RFI) support throughout the bidding process. During the bid process, Iteris will be available to attend the pre-bid conference and answer technical questions from prospective bidders. Iteris will provide interpretation and/or clarification of the approved ITERTS' ./� Page 126 teris' Response to Request for Proposal for Design and Construction Inspection Services for Traffic Signal Infrastructure Upgrades construction documents as they specifically relate to the design, design intent and execution of the project. Iteris will make any changes to the PS&E package in a timely manner should any changes be required during the bidding process. After the pre-bid conference, RFI requests by the Contractor or City Staff will be responded to through City staff via phone or email. © Iteris Differentiators Iteris Staff have been heavily involved in supporting the City of Diamond Bar with its traffic engineering and ITS needs dating back to the initial Communication Network and ATMS deployment. Having offices in nearby Santa Ana, staff that is knowledgeable of the City's traffic system infrastructure and staff that resides in the City of Diamond Bar, Iteris provides the experience and local knowledge that is required to successfully serve the City. The following recommendations are based on our knowledge of the City and will greatly benefit the City should they be deployed. COMMUNICATION SYSTEM IMPROVEMENTS In the last 8 to 10 years, every ITS network that Iteris designed has been a Gigabit backbone provisioned Network. As Gigabit Ethernet technology has continued to evolve in the last 10 to 15 years, it has become cost effective and the technology of choice for nearly all advanced ITS communication backbones. There are several reasons a City, when deploying fiber Ethernet hardware, should strongly consider going Gigabit. Gigabit switches not only provide increased performance and bandwidth, they also have the latest generation of network management features and provide network administrators more flexibility in managing network traffic. Additionally, it provides a path to expand a network beyond the wire (fiber) and support the higher speed wireless networks with 802.11n capacities at over 300 mbps wireless speeds. In fact, Iteris has designed and integrated wireless microwave Ethernet networks with 1.4GB of Gigabit backbone, preferably in ring topology, is the direct path to upgrade in the future to additional capacity by only replacing equipment in the field. Today 10 Gig, 40 Gig and 100 Gigabit networks over fiber are a reality and with a Gigabit network that is designed properly and integrated optimally, these super high speed networks can easily be implemented with no modification to upper -layer network designs. This means that ring networks utilizing rapid spanning tree protocol (RSTP) and open shortest path first (OSPF) between switches and routers can continue to operate through future upgrade processes without any physical configuration changes. bandwidth. Another significant advantage in designing a Iteris firmly believes that ITS networks should be actively managed through network management software. Iteris understands what it takes to not only design and Integrate enterprise level networks but also to keep them running. Because "you can't manage what you can't see", Iteris developed a network management system dedicated for ITS networks to assist agencies with ITS operations and maintenance. This software is called NetScene which provides an agency with a centralized location to manage and monitor the performance of an ITS network. The image on the right is the NetScene software deployed in the City of Westminster showing the status of all the devices deployed citywide. There is a smaller window in the figure that shows the contents of a cabinet with icons representing the device and a background color displaying the status of the device. The system alerts select personnel to any failures in the City through email message as well as alerts on the NetScene application. Not only is Iteris an expert in the design and ITERIS' Page 127 E� Iteris firmly believes that ITS networks should be actively managed through network management software. Iteris understands what it takes to not only design and Integrate enterprise level networks but also to keep them running. Because "you can't manage what you can't see", Iteris developed a network management system dedicated for ITS networks to assist agencies with ITS operations and maintenance. This software is called NetScene which provides an agency with a centralized location to manage and monitor the performance of an ITS network. The image on the right is the NetScene software deployed in the City of Westminster showing the status of all the devices deployed citywide. There is a smaller window in the figure that shows the contents of a cabinet with icons representing the device and a background color displaying the status of the device. The system alerts select personnel to any failures in the City through email message as well as alerts on the NetScene application. Not only is Iteris an expert in the design and ITERIS' Page 127 Iteris' Response to Request for Proposal for Design and Construction Inspection Services for Traffic Signal Infrastructure Upgrades integration of ITS, Iteris has the expertise to keep them operational to maximize the effectiveness of traffic operations. We know what it takes to design and construct robust systems and keep them working. Iteris completed a preliminary review of the City's existing ITS communication cabling. As part of this review, Iteris also began evaluating how a Gigabit redundant ring backbone could be deployed. Through the use of these Gigabit rings, communication "hubs" would be needed as distribution points where the Gigabit network could be distributed to each intersections as 100 MB Fast Ethernet segments. This type of design maximizes the use of existing fiber optic cable and provides significant bandwidth capability for every traffic signal intersection to add several ITS elements like HD quality CCTV cameras, back-up battery system (BBS), Bluetooth system, etc. Figure 4 displays the existing and preliminary design for the robust Gigabit network in the City of Diamond Bar. The yellow lines show the existing fiber runs while the green show the proposed fiber upgrades. The Red line demonstrates a corridor with existing conduit infrastructure and TWP copper cable. The Orange line illustrates the recommended ring topology that the City should begin to incorporate into their designs. Figure 4: Preliminary High Level Network Design The City of Diamond Bar is currently using a combination of 100 Mops and Gigabit switches to provide their communication trunk. The Gigabit Ethernet switches were deployed at the four hub locations at: 1. Golden Springs Drive and Brea Canyon Road 2. Golden Springs Drive and Grand Avenue 3. Golden Springs Drive and Diamond Bar Boulevard 4. Diamond Bar Boulevard and Grand Avenue Most intersections communicating with those hubs were transferred onto the Gigabit trunks. Locations that were not spliced onto a hub communicate over their independent 100 Mbps trunks. The intersections were grouped into channels a reflected in the City's IP Matrix spreadsheet. Each channel contains 2 to 6 intersections. Communication between the hubs and the different channels is achieved using 100 Mbps switches and/or Ethernet over copper ITERIS' Page 128 I MA111OSD 11111' Iteris' Response to Request for Proposal for Design and Construction Inspection Services for Traffic Signal Infrastructure Upgrades Switches. Note that all switches on copper are linked to fiber to access the fiber trunks back to central. The intersections along a channel are daisy chained together. Should one device fail, then all devices downstream of that device will lose communication. This is a problem that the City has been experiencing when a controller has a power failure or a field switch fails. Should a fiber or TWP copper trunk become damaged, then all devices along the segment will lose communication as experience by the City when their TWP copper along Diamond Bar Boulevard between Grand Avenue and Golden Springs Drive experienced a power surge that damaged the cable and some of the communication devices. Iteris' approach to the design of the fiber upgrades will be to move away from daisy chaining intersections, create more robust gigabit trunks between the field elements and central and set the groundwork to achieve a ring topology with future communication upgrade projects. This will be accomplished by incorporating Ring capable switches at the hub locations with Gigabit ports for the trunk links and 100 Mbps ports to communicate with the intersections. The topography for the intersections will be point to multi -point so that each intersection communicates over its own fiber pair to the hub switch. Should one field switch fail, the rest would remain unaffected. When the City decides to upgrade the TWP copper interconnect on Brea Canyon Road between Pathfinder road and Golden Springs Drive, then the City can either incorporate fiber between Fernhollow and Brea Canyon to close the ring or add wireless technology to avoid encroachment permits to add conduit on the 57 Freeway. Fiber would be the preferred choice but wireless would be a least costly alternative. Once this upgrade is incorporated, all the communication hub switches can then be connected to each other to form a ring. This would result in redundant communication paths back to central. If the fiber is damaged at one point, then the alternate path will be used to communicate. The only intersections that would be affected are the ones that were on the direct path of damage. In order to achieve a point to multipoint network, a pair of fiber strands must be allocated per intersection. Depending on the size and condition of the existing conduit along the proposed corridor, it is possible that only a 24- SMFO cable can be integrated. Such cable would only be able to support 11 intersections on independent fiber strand pairs leaving the 12th pair to serve as the link between the hubs. It this is the case, Iteris would recommend the addition of a hub at Diamond Bar and Pathfinder. This would allow for a 24-SMFO fiber cable to be sufficient for the proposed network topology as each hub can support 11 to 12 more intersections using 24-SMFO in every direction that the fiber extends from it. Iteris' staffs knowledge of the City's system provides the expertise required to not just simply upgrade the City's TWP copper interconnect with fiber but to allows us to create a design that will better serve the City and its community for years to come. © Optional Tasks The City of Diamond Bar has requested the addition of Switch configuration and controller timing conversion/ configuration servicers as optional tasks. Iteris staff is fully capable providing such services for the City. As previously mentioned, Mr. Gomez configured the majority of the switches that are currently deployed in the City including all the Gigabit switches. Under the direction of their direct manager, Mr. Gabriel Murillo, Mr. Gomez and Mr. Michael Plotnik have configured and integrated over 50 fiber and Ethernet -over -copper switches in the last 8 months alone including the reconfiguration of a couple of the City's switches during the BBS integration. Their understanding of communication networks, ITS devices and troubleshooting measures make them the ideal team for all ITS integration tasks. For the switch configuration, Iteris suggest that the chosen devices be sent to our systems engineers so that they can properly configure the devices before installation. After the devices are installed, Iteris staff will be present under the construction inspection task to verify the proper functionality of the switches. ITERIS /� Page 129 ��i� I11� N ND [WIt" teris' Response to Request for Proposal for Design and Construction Inspection Services for Traffic Signal Infrastructure Upgrades In terms of controller timing conversions and configuration, the MUTCD has made changes that affect some of the timing parameters such as the minimum yellows and flashing pedestrian "Don't Walk". The controller upgrade locations are scattered throughout the City and therefore making the revisions necessary to meet the new specifications would directly affect the synchronization of the corridors. Because of this, Iteris recommends that the timing be directly converted over As Is to eliminate the need to re-evaluate the entire system. Iteris can assist the City in performing the timing conversions as Iteris staff conducted the first deployment of Omni eX controllers in the nation installing over 100 controllers for the City of Carona. In terms of configuration, in order to communicate with the City's TransSuite system, the controllers must be configured to properly communicate with the central system. Mr. Gomez was directly involved in the integration and relocation of the City's TransSuite system and integrated all of the City's existing 170 controllers with LACO-4E onto the system. Iteris proposes this task to be divided into two subtasks. The first subtask will focus on obtaining the timing plans from the existing 170 controllers to convert them Into the Omni eX format. Iteris will then work with the contractor to load the converted timing plans into the new controllers before deployment. The second subtask will focus on integrating the controllers onto the TransSuite system. This will require some configuration modifications at the TransSuite system level and controller configuration to communicate with TransSuite. Mr. Gomez and Mr. Michael Plotnik will be directly involved in the integration of the new 2070 Omni eX controllers onto the City's System. Iteris' hours and cost to provide support for these optional task are included in the Design Services Fee proposal. ITERIS Page 130 F Q U ie p o ~ ou U 0 w a Jaaul6u3 o ows eoluuor O N N p a` F 0 Jaaul6u3 m N o uoufON'A aslun3 N o Jaaul6u3 o d p N V a Je)fsy sapey0 Jaaul6u3 o e y6ay6epoW Plwp Iaaul6u3 N 0 0 0 $ zajlwea oilnwg 7 Jaau!6u3 $ W N 3'd `w!M aaieN 61 0 0 `a japeal Hsel o N '31'm!uaold laeya!W O O O y Japea-IHsel o 3'd `a!IsPd Ined < e a a o n Jaaul6u37aafwd o, N O O O N N zawoO uep3 m n Ob/Vb 9 aoslnpV Jolues o N 301d'3'd',IPJeuie a 'v o 0 0 A06euPW loafoJd o c 3'1 'oll!jnLAjagecJ N < N N V M o a o m � s m N C LL � pO U atl N Y "> F a C y A o a a g n F 0 w N a m a 8' ¢ a N m N y N N f f ! ) ( f 7 m _+@ UOUAGN . mr�} _mBB ; mR Sape4o § U) japeal _!,� _ f'B'I'Mlu101daa. } J88ulBu3 IOGFOJd 4 zewoo _,\, a ; _Ig _ O w a a , y'inme e 2 { \ / ) � � § � \ / \ / \ \ j , , ) # # F E t� e5 O O N F N Nm O ONE N V O O N N O QW M !R H f9 W U d � U O = N � d O F U 6 JaaUIBU3 uooi o a N o N a N u � F MAW salie43 L_ Q iaaul6u3 $ zanwey ollneig F 0 0 0 0 o m m iaaui6u3 $ � •3•d `wl){ aaAeN N O O O O O O O n `m aaaul6u3 0. — .3.1 '„lulold IaegelW Japea-I Hae. S Jaaui6u3 pafoid m < r r o o g zaw09 ueW3 «, aa6eueW;aafwd ry '3'1 `ollljnW ageE N 0 0 0 o a ac 'c o c 0 c 0 o n `o a N p J J J C d O d w O C O C O_ O ] C d o C 0 0 � d U � m a 0 � � Q 2 $ d c Y y m d c N O m N c F c o ad '$ a d E d d a I- d � v � d � O O d o N ry N H H Agenda# 6.6 .Meeting Date: 05/19/15 AGENDA REPORT FINISH TO: Honorable Mayor and Members of the City Council James • City r • TITLE: APPROPRIATE $39,000 FROM iHE VEHICLE MAINTENANCE AND REPLACEMENT FUND AND AWARD OF BID TO FRITTS FORD OF RIVERSIDE, FOR THE PURCHASE OF TWO (2) 2015 FORD F-150XL AND ONE (1) FORD F-250 XL FROM AUTO EQUIPMENT REPLACEMENT FUND IN THE AMOUNT OF $785682.55. RECOMMENDATION: Appropriate and approve. FISCAL IMPACT: There is currently $40,000 available in the Fiscal Year 2014-15 Vehicle Maintenance and Replacement Fund. The total cost for the purchase of the vehicles is $78,682.55. An additional appropriation of $39,000 from this fund is needed to purchase the vehicles. The City's current fleet is comprised of twenty vehicles, model years range from 1999-2015, and includes 12 trucks, 2 vans, 5 autos and 1 GEM (electric). Each year, staff evaluates City vehicle needs to identify vehicles that need to be replaced due to mileage, age, and/or condition. Vehicle needs can change over time, requiring staff to evaluate and often re -assign vehicles that will serve the most effective use. All new vehicle requests are evaluated based on available funds. The 2015 Ford -250 vehicle will replace a 2002 Ford F-150 currently assigned to the Public Works Department. This vehicle has a current mileage of 103,558 miles, is thirteen years old and has a Kelley Blue Book value of $3,400. The new vehicle will be assigned to the Public Works Street Maintenance Superintendent. Staff will evaluate retaining this vehicle to serve as a backup vehicle for staff during special events. The Community Services and Public Works Departments are in need of a small work truck for staff to carry out daily work assignments. The Community Services part-time Field Attendants, as a group, work seven days, approximately 60 hours per week. Field Attendants deliver equipment to the youth sports programs, and maintenance supplies to the Diamond Bar Center, Heritage Park and Pantera Park Community Center. The Public Works Department staff conduct site inspections of current projects and require a small truck to carry equipment/materials to project sites. There is a need in both departments for a small work truck that would allow for better maneuverability and powerful. Departments have access to utilize pool vehicles available to City staff, however a general purpose auto is not the best fit for this type of field work. The City currently has two (2) 2011 Ford Rangers that would be a more appropriate vehicle type for the work needs described above. The 2011 Ford Rangers are in good condition, have low mileage and a remaining useful life of approximately ten years. Although these vehicles do not meet the replacements criteria at this time, staff recommends re -assignment of these vehicles to the Community Services and Public Works Department to carry out the duties described above. Staff recommends the purchase of two new Ford F-150 trucks. Each truck will be permanently assigned to tht City's Neighborhood Improvement Officers. The two new 2015 Ford F-150 vehicles will be replace the 2011 Ford Rangers recommended for transfer to the Community Services and Public Works Department. DISCUSSION Equipment purchases exceeding an estimated value of more than $40,000 shall be purchased using the formal bid process and the purchase must be approved by the City Council. In accordance with the City's Purchasing Ordinance a competitive Request for Quotations (RFQ) was prepared and distributed to perspective propose ' rs on posted on April 7, 2015 for the purchase of three (3) Ford vehicles., The RFQ was also posted on the City's website. A total of four bids were received by the April 22, 2015 deadline and were evaluated for accuracy and responsiveness. For reference the bid tabulation is provided in Attachment 1. The RFQ included language that required each vendor to ensure that the vehicles met AQ MD Rule 1191 for public fleets. Rule 1191 requires public fleets in the South Coast Air Quality Management District's (SCAQ D) jurisdiction operating passenger car, light-duty truck, or medium -duty vehicle fleets to acquire low -emitting gasoline or alternative -fuel vehicles when procuring these vehicles. ANALYSIS: Staff evaluated the four bids received for accuracy and compliance with the specifications. For the Ford F-250 XL, staff found a variation submitted by Fritts Ford and Carmenita Ford. The RFQ requested a Ford F-250 XL 2014 or 2015 model year and asked that vendors -write in any variances to the specifications. Fritts Ford submitted a newer model year, 2016, with the requested specifications. Carmenita Ford submitted a 2015 Ford F-250, higher model, XLT. The XLT model includes a power equipment package, 18" cast aluminum wheels with hub covers, SiriusXM satellite radio, cruise control, carpet floor coverings, and chrome steel exterior bumper. The Fritts Ford bid is approximately 5% lower than the second lowest bidder. Therefore, Fritts Ford submitted the lowest responsible bid for the Ford F-250XL at $27,155.47. Staff evaluated the bids received for the 2015 Ford F150 XL vehicles for accuracy and compliance with the specifications. Fritts Ford of Riverside submitted the lowest responsible bid at $24,763.54 per vehicle and $49,527.08 total for both. vehicles. Staff recommends adding a rear view camera as a safety feature on all three vehicles. The total cost for this feature, for all three vehicles, including parts and labor is $2,000. All three vehicles will be factory ordered, and take approximately 90-120 days after vendor receives purchase order issued by the City. p lZU10,1111,11 111 0 Staff recommends award of a formal bid for the purchase of two Ford F-150 XL and one a Ford F-250 XL to Fritts Ford as the lowest responsible bidder for a total bid award amount of $78,682.55. PREPARJ-=D PY: Alfa Lope Manage entAnal t W C Attachments: 1). Bid Summary 2). Request for Quotations 2 REVIEWED BY: Dianna Honeywell Finance Director Employee Name: em Alfa Lopez Departmei City Manager Extension: 70.15 ate:5/1/15 .Accent Number: er: Description of to (S) or Service('). Quantity: 1 2015 FORD F-250 SUPER CAE 8CYL M. Vendor Name Date of Quote Phone Number: 1 Fritts Ford 4/22/2015 951-353-8800 Address 7990 Auto Dr. Riverside, CA. 92504 Contact: Vickiy Garay Vendor Name Date of Quote Phone Numb Method (email/fax/phone) 2 McCoy Mills Fullerton 4/22/2015 714-526-5501/ rondenos@live.com Address 700 W. Commonwealth Avenue, Fullerton, CA. 92832 Contact: Ron Denos ; Vendor Name Date of Quote Phone NumN Method (email/fax/phone) 3 Carmenita Truck Center 4/22/2015 562-977-2235 Address 13443 E. Freeway Dr. , Santa Fe Springs, CA. 90670 (VARIATION 2014 F-150 MODEL PRESENTED) Contact: Tod Walker Vendor Name Date of Quote Phone Numb Method (email/fax/phone) 3 Ed Butts Ford 4/22/2015 di2leasant@edbuftsford.com Address 1515 N. Hacienda Blvd., LA Puente, CA. 91747 Contact: Dave Pleasant r".,-,_, ,. ✓ s..; ,. ..a ,.- .".- ,., r„„. „_ r �:�--��- ..,.:,.,_...— Fritts Ford McCoy Mills Fullerton Carmee to enter Truck CeEd Butts Ford Description: Quantity: Unit Price Total: Unit Price Total: Unit Price Total: Unit Price Total Nord F-250 1 $ 24,073.24 $ 24,904.24 $ 28,929.20 $ 28,929.20 $ 25,677.20 $ 25,677.20 $ 39,170.00 $ 39,170.00 Tire Fee 1 $ 8.75 $ 8.75 $ 8.75 $ 8.75 $ 10.50 $ 10.50 $ - $ - Accessories 1 $ - $ 375.00 $ 375.00$ - $ - $ - Doc Prep 1 $ - $ 80.00 $ 80.00 $ - $ - $ - Other 1 $ - $ - $ 581.00 $ 581.00 $ - $ - Subtotal: Freight: ales Tax (9%): TOTAL: $ 24,912.99 Subtotal: $ 29,392.95 Subtotal: $ 26,268.70 Subtotal: $ 39,170.00 Freight: $ - Freight: Freight: $ 2,241.48 Sales Tax 9%: $ 2,645.37 Sales Tax: $ 2,318.15 Sales Tax: $ - I $ 27,154.47 TOTAL: $ 32,038.32 TOTAL: $ 28,586.85 TOTAL: $ 39,170.00 Employee Nai Alfa Lopez Depart mer City Manager Extension.- 7015 Date: 5/1/15 Account Number: Description ® Item(s) or Service(s): Quantity: 2 I 41D Vendor Name Date of Quote Phone Numb Method (email/fax/phone) 1 Fritts Ford $ 301845.07 951-353-8800 $ 23,214.81 7990 Auto Dr. Riverside, CA. 92504 1 Address $ 8.75 $ 8.75 Contact: Vickiy Garay Vendor Name Date of Quote Phone Numb q Method (emaillfax/phone) 2 McCoy Mills Fullerton $ - $ $ 160.00 $ 160.00 $ 626.50 $ 626.50 $ - 714-526-5501/ rondenos@live.com Other 700 W. Commonwealth Avenue, Fullerton, CA. $ - Address 92832 Contact: Ron Denos Vendor Name Date of Quote Phone Numb Method' (email/fax/phone) 3 Carmenita Truck 1 $ 23,858.82 Subtotal: 1 $ 30,982.07 Subtotal: Center $ 25,313.68 562-977-2235 13443 E. Freeway Dr. , Santa Fe Springs, CA. Address 90670 (VARIATION 2014 F-150 MODEL Contact: Tod Walker PRESENTED) Vendor Name Date of Quote Numb Method (email/fax/phone) — -3 .-Phone Ed Butts Ford dpleasant@,edbuftsford.com 1515 N. Hacienda Blvd., LA Puente, CA. 91747 Address Contact: Dave Pleasant, Fleet Manager Fritts Ford I McCoy Mills Fullerton I Carmenita Truck Center I Ed Butts Ford Ford F- 150 1 $ 22,710.81 $ 22,710,81 1 $ 23,195.07 $ 23,195.07 1 $ 30,845.07 $ 301845.07 1 $ 23,214.81 $ 23,214.81 Tire Fee 1 $ 8.75 $ 8.75 $ 8.75 $ 8.75 $ 10.50 $ 10.50 $ 8.75 $ 8.75 Doe Prep 1 $ - $ $ 160.00 $ 160.00 $ 626.50 $ 626.50 $ - $ Other 1 $ - $ - $ 495.00. $ 495.00 $ (500.00) $ (500.00) $ - $ TOTAL: Subtotal: -$ 22,719.56 Subtotal: 1 $ 23,858.82 Subtotal: 1 $ 30,982.07 Subtotal: 1 $ 23,223.56 Freight: Freight: $ - Freight: Freight: Sales Tax Sales Tax Sales Tax Sales Tax (9%): $ 2,043.98 (9%): $ 2,147.29 (9%): $ 2,803.51 (9%): $ 2,090.12 TOTAL: $ 24,763.54 TOTAL: $ 26,006.11 TOTAL: $ 33,785.58 TOTAL: $ 25,313.68 $ $ 49,527.08 $ 52,012.23 50,627.36 S`PEC'IFICATIONS V2TON FULL SIZE PICKUP TRUCK WITH 2 Page No: I of 8 Spec. No: 2015-Vl ENGINE OPTIONS (Regular Cab) Effective Date.- 4/7/15 Approved by: A* Lopez This specification describes the City of Diamond Bar's requirements for three (3) full size heavy duty 1/2 ton pickup trucks. The City is seeking three (2) 2015 or F - 150s, regular cab, gasoline, 2wd, and ONE (1) Ford F-250 (1) Flex Fuel engine. Vehicles shall be new (unused) and equivalent in style, quality, and appointments as those offered for Government/Commercial use. Vehicles shall be supplied with all equipment indicated as standard in the manufacturer's published literature, optional equipment as necessary to meet the re- quirements of this specification shall also be furnished. Write "As Specified" or describe any exceptions to these specifications in the right column space provided. 1. Indicate Proposed Make: FORD 2. Indicate Proposed Model: F-150 3. F-250 (Engine option 2) 4. Indicate Proposed Year: 2014 OR 2015 5. CHASSIS: • F-150 Regular Cab • F-250 Super Cab Subject- V2TON FULL SIZE PICKUP TRUCK REGULAR CAB Page No: 2 6. ENGINE OPTION I (F-150) /REGULAR CABO • Gasoline/ Single Dedicated • Six (6) cylinders, not less than 3.5L. • Must meet or exceed all existing Federal and State rules and regulations. • Cooling system to be the largest capacity available. • This vehicle must comply with the S.C.A.Q.M.D.'s Rules 1191-1196 as a "Low emission gasoline vehicle". • Engine Family Number: 0 IENGINE OPTION 2 (F-250)/CAB: 0 Gasoline/ Duel Flex Fuel 0 6.2L 0 Super Cab 4x2 0 Must meet or exceed all existing Federal and State rules and regulations. 0 Cooling system to be the largest capacity available. 0 This vehicle must comply with S.C.A.Q.M.D Rules. 0 Engine Family Number: F-250 ONLY -Op ions 0 Front Seats: Cloth 40/20/40 split bench 0 Rear seats: Cloth 60/40 Fold up bench 0 Bed Size: 8 Foot w/ tough spray in bed liner 0 Heavy duty tow hitch receiver 0 Exterior back up alarm 0 Reverse vehicle aid sensor 0 Tailgate stepper assistant 7. TRANSMISSION: 0 Six (6) speed OD automatic with lock in Park. 8. CAB: 0 Regular cab 0 Air Bag/Driver-Passenger 9. BRAKES: 0 4 wheel disc brakes w/ABS 0 Power front and rear disc brakes required if available 0 All brake components shall be of proper size for this type of vehicle with maximum payload. 0 Emergency brake to be spring loaded locking, preferably on drivers left side. Subject. Y2TON FULL SIZE PICKUP TRUCK REGULAR CAB Page No-. 3 10. WHEELS & TIRES: • Wheels and tires shall be of a load range sufficient to meet or exceed specified minimum GVW. • A full size spare and rim shall be supplied. • Tire clearance shall be adequate for normal operation of vehicle when loaded to rated capacity. 11. ELECTRICAL: • All lighting must be in conformance with the California Motor Vehicle Code. 12. WINDSHIELD WIPERS: • Dual electric variable speed with windshield washer. 13. AIR CONDITIONING: • Vehicles shall include factory installed air conditioning (after) market units not acceptable). 14. POWER STEERING: • Vehicle shall be equipped with power steering. 15. RADIO: • Factory issued AM/FM radio. 16. INTERIOR; • Interior color: black or dark gray preferred • Black vinyl full floor covering 17. PAINT: • Vehicles shall be standard "Fleet White" color,, or equivalent. 18. MANUALS/KEYS/INVOICE: • Two (2) complete sets of parts and shop/service manuals will be provided. • Vendor shall provide four (4) MASTER sets of vehicle keys. .0 Vendor shall provide three (3) copies of the invoice at the time of delivery. 19. WARRANTY The manufacturer's regular new Vehicle Warranty shall apply to vehicles procured against this specification and shall be honored by all franchised dealers within Southern California • All -pre-delivery service and warranties shall be provided. • Describe warranties below: 0 0 0 Subject--. Y2TON FULL SIZE PICKUP TRUCK REGULAR CAB Page No-. 4 Vehicles shall be delivered F.O.B.,, City of Diamond Bar City Manager's Office 218 10 Copley Drive Diamond Bar -5 CA. 91765 The successful bidder shall be responsible for obtaining a valid State of California Exempt Vehicle registration. The dealer will supply the necessary exemption forms. Goods and services procured by the City of Diamond Bar shall be from the lowest responsible bidder. In addi- tion to price, the "lowest responsible bidder" will be determined by consideration of the following factors: a) The quality, availability and suitability of the supplies, equipment or services to the particular use required. b) The ability, capability and skill of the bidder- to perform the services required. c) Whether the bidder has the financial resources and facilities to perform or provide the services promptly, or within the time specified without delay or interference. d) The character, integrity,, reputation, judgment, experience and efficiency of the bidder. e) The bidder's record of performance on previous contracts or services, including compliance by the bidder with laws and ordinances relative to such contracts orservices. f) The ability of the bidder to provide future maintenance and service for the use of the equipment or materials to be purchased. g) The number and scope of conditions attached to the bid. 0"I"N Unless specified elsewhere in the solicitation, bidder's bid shall be valid for sixty (60) days following the date the response is due. C1 Subject.- V2TON FULL SIZE PICKUP TRUCK REGULAR CAB Page No: 5 1. The ATTACHMENT A "Statement ®f Non -Collusion by Contractor" forms must be filled out, signed by a company principal or officer, and returned with the bid. 2. AQMD APPROVED ENGINE MODELS- All vehicles must comply with AQMD Rule 1191. A list of 2015 engine vehicle models is listed below, the 2014 list is attached for referenced in ATTACHMENT B. Per AQMD Rule 11912015 Engine Family Models Model Executive Order Engine Family Displacemen t Fuel F-150 A-01 0-1859 FFMXT02.73JJ 2.7 L Gasoline F-150 A-01 0-1856 FFNIXT03.54IG 3.5 L Gasoline F-150 A-010-1858 FFMXT03.53DC 3.5 L FFV (E85) F-150 A-010-1857 FFMXT05.03DK 5.0 L FFV (E85) F-250 A-010-1808 FFMXT06.27HL 6.2 L FFV (E85) o Subject-. 1/2TON FULL SIZE PICKUP TRUCK REGULAR CAB Page No-, 6 1 1 QUOTE SHEET # I- two (2) Ford F-1 SOXL Amended 1 EA FORD F-150 XL- SUPER CAB 61/2 BOX FLEX FUEL 3,5 L V6 ENGINE *SPRAY IN BED LINER* CLOTH SEATS* 40/20(console)/40 split bench *101A Power Equipment* PER CITY OF DIAMOND BAR PURCHASING SPECIFICATION Make FORD F-150 XL Model XL Year 2015 Rated GVW lbs. Wheelbase in. Engine No. of Cylinders Engine Family: Tire Size Front Rear Includes Power Package Unit Fleet Price $ Tire Fee $ Other $ Other Discount $ % Sales Tax $ TOTAL $ Terms FOB Point Delivery Days After Receipt of Order COMPANY NAME ADDRESS CITY STATE ZIP CONTACT NAME PHONE I, -1) am duly authorized to commit my company (Full Name) (Title) to sell/perform the products/services described herein. I understand by signing this quotation I am not obligating the City to make this purchase, nor am I signing a contract to sell/perfon-n this purchase. Signature Date: ALL QUOTATIONS MUST BE SIGNED Subject-: 1/2TON FULL SIZE PICKUP TRUCK REGULAR CAB Page No-. 7 1 itUOTE SHEET #2 One (1) Ford F-254 I EA 1/2TON FULL SIZE PICKUP SUPER CAB w/ #2 Engine/ Options PER CITY OF DIAMOND BAR PURCHASING SPECIFICATION Make Model Year Rated GVW lbs. Wheelbase in. Engine No. of Cylinders Cu. In. Displacement Tire Size Front Rear Terms Delivery, COMPANY NAME ADDRESS Unit Fleet Price $ Tire Fee $ Other $ Other $ Discount $ % Sales Tax $ I FOB Point, Days After Receipt of Order CITY STATE ZIP CONTACT NAME PHONE L am duly authorized to commit my company (Full Name) (Title) to sell/perform the products/services described herein. I understand by signing this quotation I am not obligating the City to make this purchase, nor am I signing a contract to sell/perform this purchase. Signature Date: ALL QUOTATIONS MUST BE SIGNED �!Oubjeet: 1/2TON FULL SIZE PICKUP TRUCK REGULAR CAB Page No: 8 City of Diamond Bar -1 Statement of Non -Collusion by Contractol The undersigned who submits herewith to the City of Diamond Bar a Bid or proposal does hereby certify: a. That all statements of fact in such bid or proposal are true; b. That such bid or proposal was not made in the interest of or on behalf of any undisclosed person, partnership, company, association, organization or corporation; C. That such bid or proposal is genuine and not collusive or sham; d. That said bidder has not directly or indirectly by agreement, communication or conference with anyone, attempted to induce action prejudicial to the interest of the City of Diamond Bar or of any other bidder or anyone else interested in the proposed procurement; e. Did not, directly or indirectly, collude, conspire, connive or agree with anyone else that said bidder or anyone else would submit a false or sham bid or proposal, or that anyone should refrain from bidding or withdraw his bid or proposal; f. Did not., in any manner, directly or indirectly seek by agreement, communication or conference with anyone to raise or fix the bid or proposal price of said bidder or of anyone else, or to raise or fix any overhead, profit or cost element of his bid or proposal price, or that of anyone else; g. Did not, directly or indirectly, submit his bid or proposal price or any breakdown thereof, or the contents thereof, or divulge information or data relative thereto,, to any corporation,, partnership, company, association,, organization, bid depository, or to any member agent thereof, or to any individual or group of individuals,, except to the City of Diamond Bar,, or to any person or persons who have a partnership or other financial interest with said bidder in his business. h. Did not provide, directly or indirectly to any officer or employee of the City of Diamond Bar any gratuity, entertainment, meals, or any thing of value, whatsoever, which could be construed as intending to invoke any form of reciprocation or favorable treatment. i. That no officer or principal of the undersigned firm is employed or has been employed, either full or part time, by the City of Diamond Bar either currently or within the last two (2) years; or is related to any officer or employee of the City by blood or marriage within the third degree. j . That no offer or principal of the undersigned firm nor any subcontractor to be engaged by the principal has been convicted by a court of competent jurisdiction of any charge of fraud, bribery, collusion, conspiracy or any other act in violation of any state or federal antitrust law in connection with the bidding upon award of, or performance of, any public work contract, with any public entity, within the last three years. I certify, under penalty of perjury under the laws of the State of California, that the foregoing is true and correct and that this certification was executed on at California. Firm Street City State Zip (Date) (Location) (Signature) (Print Name & Title) A cr'-- ^=, Meeting Date.- May 19, 2 015 tUr 701 CITY COUNCIL 40" AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Mana TITLE: APPROVE AN ADDITIONAL AMO UJNT OF $40,000 FOR PROFESSIONAL SERVICE WITH SIMPSON ADVERTISING, INC. FOR SPECIALTY GRAPHIC DESIG SERVICES FOR FY 2014/15 IN AN AMOUNT NOT TO EXCEED $120,400. ff e- k-� �1# I W U � � U 0. FINANCIAL IMPACT: There are sufficient funds allocated for this purpose in the approved FY14-15 budgeil At its regular meeting of February 3, 2015, the City Council approved professional services expenditures with Simpson Advertising, Inc. for specialty design services in an amount not to exceed $80,400 for fiscal year 2014/15. As a result of a combination of factors that include new projects, increased project scope of work, an unanticipated printing bid results, staff is seeking City Council's approval for an additional $40,000 till the amount previously approved for expenditures with Simpson Advertising, Inc. for a total authorizatio amount of $120,400 for fiscal year 2014/15. 1 Examples of graphic design work that will be covered by the additional allocation request are the 201 edition of the City's annual environmental newsletter, Envirolink, was expanded from four to six page to more thoroughly cover water conservation mandates and other important environmental regulation Through My Lens photo display, new bridal show logo, and development opportunity marketin materials for the promotion of the recently vacant restaurant properties in regional and national re estate trade publications. Simpson was also selected to print the Envirolink newsletter as it was th lowest responsive bidder. Prepared by: Reviewed bA Ma a Roa Dianna Honeywell Public Information Manager Finance Director Ryan McLean '-Weputy City Manager ,a -01 ist Rgenda # 6. 8 Meeting Date: 511912015 Monorable Mayor and Members of the City Council James DeStefano, City Man a'g RESOLUTION NO. 15 -XX OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT FOR THE 2015 COUNTYWIDE COMPETTITIVE GRANT PROGRAM FOR THE SYCAMORE CANYON PARK STREAM REALIGNMENT PROJECT AND APPROVING THE ADOPTION OF THE YOUTH EMPLOYMENT PLAN REQUIRED BY THIS GRANT FINANCIAL IMPACT: If this grant is awarded, the City of Diamond Bar will not have to expend funds from the General Fund to complete this work. This grant request totals $484,100 for Proposition A "Safe Parks Act" competitive grant program funds. BACKGROUND: During the storms of 2005, the stream at Sycamore Canyon Park flooded the picnic area and the area around the tot lot in the lower level of the park. The water level was so high it almost covered the entire pedestrian bridge near the tot lot. All that water caused erosion along the bank of the steam near the tot lot, plus damaged a large portion of the stream bank in the undeveloped area of the park. The erosion damage in the undeveloped area left many tree roots exposed and, if left uncorrected, will eventually wash away the decomposed granite trail and fencing that is located adjacent to the stream. Continued future erosion could possibly cause the trees to fall into the steam and further damage the riparian habitat areas along the stream. DISCUSSION: This project will repair the erosion damage in both the undeveloped area of the park and along the creek bank adjacent to the tot lot. It will also enhance the riparian habitat, which was originally expanded as an off-site mitigation project for a housing development in 1997. The application for this grant is being prepared by Community Services staff. The application is due June 3, 2015. This Resolution is a required element of the grant application. The Los Angeles County Regional Park and Open Space District requires the participation of at -risk youth in projects funded with this grant. The City of Diamond Bar contracts with the California Conservation Corps to meet this requirement. Workperformed by the CCC in Diamond Bar is paid for -with Safe Parks Act restricted funds, which the City gets each year from Proposition A proceeds and can only be use for at -risk youth employment. PREPARED BY: f f . .. .. on Meyers C.S. Coordinator wob- Rose '_Vrector of Community Services 1 0961MIUMMINK01 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT FOR THE 2015 COUNTYWIDE COMPETTITIVE GRANT PROGRAM FOR THE SYCAMORE CANYON PARK STREAM REALIGNMENT AND APPROVING THE ADOPTION OF A YOUTH EMPLOYMENT PLAN WHEREAS, the people of the County of Los Angeles on November 3, 1992, and on November 5, 1996 enacted Los Angeles County Proposition A, Safe Neighborhood Parks, Gang Prevention, Tree -Planting, Senior and Youth Recreation, Beach and Wildlife Protection (the Propositions), which among other uses, provides funds to public agencies and nonprofit organizations in the County for the purpose of acquiring and/or developing, facilities and open space for public recreation; and WHEREAS, the Propositions also created the Los Angeles County Regional Park and Open Space District (the District) to administer said funds; and WHEREAS, the District has set forth the necessary procedures governing application for grant funds under the Propositions, and WHEREAS, the District's procedures require the City Council of the City of Diamond Bar to certify, by resolution, the approval of the application before submission of said application(s) to the District; and WHEREAS, said application contains assurances that the City Council of the City of Diamond Bar must comply with; and WHEREAS, the City Council of the City of Diamond Bar certifies, through this resolution, that the application is approved for submission to the District; and WHEREAS, the City Council of the City of Diamond Bar will enter into an Agreement with the District to provide funds for acquisition and development projects. WHEREAS, the District's procedures require the adoption of a Youth Employment Plan for development projects by the governing body of the agency. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF DIAMOND BAR HEREBY: 1. Approves the filing of an application with the Los Angeles County Regional Park and Open Space District for $484,100 of 2015 Countywide Competitive Grant Program Funding for the above project; and 2. Certifies that the City Council of the City of Diamond Bar understands the assurances and certification in the application form; and 3. Certifies that the City Council of the City of Diamond Bar has, or will have, sufficient funds to operate and maintain the project in perpetuity; ,and 4. Certifies that the City Council of the City of Diamond Bar will sign and return, within 30 days, both copies of the project agreement sent by the District for authorizing signature; and 5. Approves the adoption of a Youth Employment Plan for the project (see attached); and 6. Appoints the City Manager, or designee, to conduct all negotiations, and to execute and submit all documents including, but not limited to, applications, agreements, amendments, payment requests and so forth, which may be necessary for the completion of the aforementioned project. Passed, approved and adopted this 19th day of Mav, 2015. Steve Tye 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 a regular meeting of the City Council of the City of Diamond Bar held on 19th day of Maw 2015 by the following vote: AYES: NOES: ABSENT: ABSTAINED• Tommye Cribbins, City Clerk City of Diamond Bar City of Diamond Bar Los Angeles County Regional Park & Open Space District 2015 Countywide Competitive Grant Program Youth Employment Plan 511312015 Background: As part of the Los Angeles County Regional Park & Open Space District 2015 Countywide Competitive Grant Program a youth employment • must • adopted. Tasks that may be Performed by at -risk youth through the California Conservation C 1. Clear • grub the land 2. Plant • Native Plants in the • habitat. 3. • • stream irrigating the • 4. General maintenance and servicing of the project. Estimated Cost of Youth Employment: Total estimated hours of youth employment: 1,332 Cost per hour: 18.77 Total estimated cost of youth employment: $25,001.64 Method of Youth Employment: The City of Diamond Bar will contract with the California Conservation Corp or The San Gabriel Conservation Corp in conformance with the L. A. County definition of "at -risk youth" as stated by the Los Angeles County Regional Park and Open Space District. "At -Risk Youth Statement: An individual is considered to be an at -risk youth for purposes of Proposition A if he/she is between 14 and 24 years of age and meets the following definition: "Any individual 14 to 24 years of age who is involved in or is at risk of involvement in any of the following: drug and/or alcohol abuse, adolescent pregnancy, single parenthood, physical and/or emotional abuse, gang activity, violence and vandalism, poverty, family unemployment, truancy, and academic performance below grade level or failing to complete high school." Youth Employment Goal: Under the provisions of the Los Angeles County Regional Park and Open Space District policy of the employment of at -risk youth, the Youth Employment Goal (YEG) of the City of Diamond Bar was established through the terms of the 1992 and 1996 Park Bond Act. Recipients of the Bond Acts were requested to develop a Youth Employment Plan to benefit area youth. This Maintenance and Servicing fund for the City of Diamond Bar is currently $121,122.51. For the Sycamore Canyon Park Stream Realignment cost would be split between the Youth Employment Goal of the Maintenance and Servicing Funds and the Los Angeles rN %,ounty Regional Park & Open Space District 2015 Countywide Competitive Grant. For the purpose of this project the California Conservation Corp or the San Gabrie' Valley Conservation Corp will be contracted with to do the following work: Contracting with a local Conservation Corp tcl 1. Clear and grub the land 2. Plant California Native Plants in the riparian habitat. 3. Work on stream irrigating the plants. 4. General maintenance and servicing of the project. Estimated Cost of Youth Employment: 1. Total estimated hours of youth employment: 1,332 2. Cost per hour: $18.77 3., Total estimated cost of youth employment: 25,001.64 Method of Youth Employment: The City of Diamond Bar will contract with a local Conservation Corp in conformance with the L. A. County definition of "at -risk youth" as stated by the Los Angeles County Regional Park and Open Space District. At -Risk Youth Statement: An individual is considered to be an at -risk youth for purposes of Proposition A if he/she is between 14 and 24 years of age and meets the following definition: "Any individual 14 to 24 years of age who is involved in or is at risk of involvement in any of the following: drug and/or alcohol abuse, adolescent pregnancy, single parenthood, physical and/or emotional abuse, gang activity, violence and vandalism, poverty, family unemployment, truancy, and academic performance below grade level or failing to complete high school." �� s» °c �"� ,c. �� r1 � � << �'. .. ti.. .. .. , ,. � � t .. Y� `", { n �' .E a , ,. •f �. I � r� r� � Y,3 i 4' M�,� r, 1 � II F' .'"e x r . , M1r, v �� ��, Y 1 '� R Y V� '"� t ,s t "��. w' ri y 1 i� 1t � � � d 7z ��v �4 gt�' ` � � qR @ �� .� � ..< ,. i •, g �' III � � ���.. t � � v� r k'r� �� a t ` w !< "�� gyp, =� � &� �� i �� �' tk. ��: d r Y. �: ,. �, ": t �. z � � �; I r � ,�1 �� - <, ip sp j d ., r �I i ui _ � �' �ar��` � �' �a � t ti mi �� �"� �' I � n A� wSY Y i� � x � i `��w i �� . iF'. 7' �- �` � My. � ' ��e. �� � u �s �- � � �` t"` l q rA-.Y�ZTi i]i�`tifii • Meeting Date: AGENDA REPORT TO: Honorable Mayor and Members of the City Council ♦ • • F� —�Dfr RESOLUTION • •, 2015 -XX J 1 RESOLUTION • COUNCIL OF OF DIAMOND ♦ • , j COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, SETTING THE 2015- 2016 i IN ACCORDANCE PROVISIONS OF DIVISION 9 OF TITLE 1 OF THE GOVERNM ENT CODE Approve Resolution 2015-X There is no financial impact, since the City's total appropriations subject to limitation is $29,637,312 which falls below the Gann limit of $39,891,361 for fiscal year 2015-16. Per City Policy, the Finance Department presents the Appropriation Limit for the City Council's review and approval. Pursuant to Article XIIIB of the California Constitution (known as the Gann Limit), the City must compute an annual appropriations limit. This appropriations limit will place a ceiling on the City's total amount of tax revenues and the total amount of appropriations. The appropriation limit can be calculated by the use of one of the following factors: Based on the growth factor of County population change over the prior year and the change in the California per capita income over the prior year. Based on the growth factor of City population change over the prior year and the change in the California per capita income over the prior year. Based on the growth factor of change in the City's non residential new construction valuation and the change in the County or City population. The recommended factor to compute the appropriation limit is based the growth factor of change in the County population change over the prior year and the change in the California per capital income over the prior year. By using this factor the City will have an appropriation limit of $39,891,361 for Fiscal Year 2015-2016. PREPARE® BY: Susan Full, Senior Accountant Dianna Honeywell - Finance Nrector Attachments: Resolution Worksheet of Appropriation Limit for fiscal year 2015-16 Worksheet of Annual Appropriations Subject to Gann Limit for fiscal year 2015-16 RESOLUTION • OF COUNTYOF • ANGELES,OF •R` PROPOSITION 4 (GANN) APPROPRIATIONS LIMIT FOR FISCAL YEAR 2015 - FOR •ACCORDANCE PROVISIONS OF DIVISION 9 OF TITLE 1 OF THE GOVERNMENT CODE WHEREAS, Article XIII B of the Constitution of the State of California (enacted with the passage of Proposition 4 in 1979 and modified with the passage of Proposition 111 in 1990), provides that the total annual appropriations limit of such entity for the prior year be adjusted for changes in the non-residential assessed valuation or the percentage change in the California Per Capita Income and population except as otherwise specifically provided for in said Article; and WHEREAS, Section 7910 of the Government Code provides that each year the governing body of each local jurisdiction shall, by resolution, establish its appropriations limit for the following fiscal year pursuant to Article XIII B at a regularly scheduled meeting or a noticed special meeting. Prior to such meeting, documentation used in the determination of the appropriation limit shall be available to the public; and WHEREAS, Proposition 111 as approved by the voters of the State of California, revised the method for calculating the Gann Spending Limit, it also requires a recorded voice vote of the City Council regarding which of the annual adjustment factors have been selected each year; and WHEREAS, Section 7902 (a) and 7902.6 of the Government Code sets forth the method for determining the appropriations limit for each local jurisdiction for the fiscal year; and WHEREAS, the City Council of the City of Diamond Bar wishes to establish the appropriation limit for fiscal year 2015-2016 for the City of Diamond Bar. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Diamond Bar, Section 1. That it is hereby found and determined that the documentation used in the., q q q� � I 11 � Alk Section 2. That the County of Los Angeles LAFCO, established the original appropriation limio for the newly incorporated City. Section 3. That the factor selected is the growth factor of the County population change over the prior year and the change in the California per capita income as the annual adjustment growth factor for use in calculating the Fiscal Year 2015-2016 Appropriations Limit. Section 4. That the Appropriation Limit for the City of Diamond Bar as established in accordance with Section 7902(a) and Section 7902.6 of the California Government Code is $39,891,361 for fiscal year 2015-2016. Section 5. That, the Mayor of the City of Diamond Bar shall sign and the City Clerk shall certify to the passage and adoption of this Resolution No. 2015 -XXX PASSED, APPROVED AND ADOPTED this day of 7 2015. Steve Tye, Mayor 1, Tommye Cribbins, City Clerk of the City of Diamond Bar do hereby certify that the foregoing Resolution was passed, and approved and adopted at a regular meeting of the City Council of tht; City of Diamond Bar held on the day of AYES: COUNCIL MEMBERS: ) 20 15) by the following votel Tommye Cribbins, City Clerk City of Diamond Bar X APPROPRIATIONS LIMIT WORK SHEET 2015-2016 California Per Capita Income 3.82% % Change over Prior Year Population Change 0.82% % Change over Prior Year (County) Per Capita converted to a Ratio Population converted to a Ratio 1.03823 U11111,66N Calculation of Growth Factor 1.0467 (Growth Factor =Per Capita Ratio x Population Ratio) 2014-2015 Appropriations Limit 38)1091968 2015-2016 Appropriations Limit $3978917361 (New Appropriations Limit =Prior Year Appropriations Limit x Growth Factor) MF-19 W, IIAW40 ; 11111 W, V Of I M"I lei California Per Capita Income % Change over Prior Year 3.82% Population Change 0.43% % Change over Prior Year (City) Per Capita converted to a Ratio Population converted to a Ratio ixeme"N 1.0043 Calculation of Growth Factor 1.0427 (Growth Factor =Per Capita Ratio x Population Ratio) 2014-2015 Appropriations Limit 38,109,968 2015-2016 Appropriations Limit $3977357902 (New Appropriations Limit =Prior Year Appropriations Limit x Growth Factor) ji� 11 % Change Non Residential -0.14% New Construction (City) Population Change 0.43% % Change over Prior Year (City) Nonresidential converted to a Ratio 0.9986 Population Converted to a Ratio 1.0043 Calculation of Growth Factor 1.0029 2014-2015 Appropriations Limit 38)1097968 2015-2016 Appropriations Limit $38)2207257 (New Appropriations Limit =Prior Year Appropriations Limit x Growth Factor) % Change Non Residential -0.14% New Construction (City) Population Change 0.82% % Change over Prior Year (County) Nonresidential converted to a Ratio 0.9986 Population Converted to a Ratio 1.0082 Calculation of Growth Factor 1.0068 2013-2014 Appropriations Limit 38,109,968 2014-2015 Appropriations Limit $38)3687678 (New Appropriations Limit =Prior Year Appropriations Limit x Growth Factor) CITY OF DIAMOND BAR ANNUAL APPROPRIATIONS LIMIT EXHIBIT "All •: 1989-90 Base Year 1990-91 Adjusted Base 1991-92 Adjusted Base 1992-93 Adjusted Base 1993-94 Adjusted Base 1994-95 Adjusted Base 1995-96 Adjusted Base 1996-97 Adjusted Base 1997-98 Adjusted Base 1998-99 Adjusted Base 1999-00 Adjusted Base 2000-01 Adjusted Base 2001-02 Adjusted Base 2002-03 Adjusted Base 2003-04 Adjusted Base 2004-05 Adjusted Base (revision) 2005-06 Adjusted Base (revision) 2006-07 Adjusted Base 2007-08 Adjusted Base 2008-09 Adjusted Base 2009-10 Adjusted Base 2010-11 Adjusted Base 2011-12 Adjusted Base 2012-13 Adjusted Base 2013-14 Adjusted Base 2014-15 Adjusted Base 2015-16 Adjusted Base 91882,416 10)785)669 11, 585,192 11)762)247 121275)495 13)169,824 14)0051207 1417291615 1576087665 16)482)389 17,561,562 18)7727045 2075767003 2273647058 24,723,466 2578861770 2715697946 2878857277 30, 379,173 3179547909 33,809,489 33,408,743 34,377,442 3578097031 3719027186 3811097968 397891)361 CITY OF DIAMOND BAR Annual Appropriations • to Gann Limit Fiscal Year 2015-16 Appropriations Subject to Limitation Fiscal year 2016 adopted revenue Allowable exclusions: Qualified Capital Outlay Qualified Dabt Service Total Appropriations Subject to Limitation 4673117374 (15, 816, 921.00) (857,141.00) $ 29,637,312 • �909 Agenda Meeting Date: May 19 ,2015 TO: Honorable Mayor and Members of the City Council '0'4' VIA: James DeStefano, City Mane TITLE: ADOPT RESOLUTION NO. 2015- rX eLEIVYING AN ASSESSMENT ON CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 38 FOR FISCAL YEAR 2015-2016 me FINANCIAL SUMMARY: The District 38 levy rate of $15.00 per parcel will generate $268,305 in assessment revenu The assessment rate remains the same as the rate applied at the date of Diamond Bar' incorporation. 1 There are not sufficient funds collected to maintain and improve the District without utilizin the General Fund. For FY 2015-16, $187,814 of the General Fund will pay for the operatio and maintenance costs in District 38. 1 The assessment revenues shall be deposited in Special Revenue Landscape Fund 138 and shall apply toward the 2015-16 operation and maintenance budget. The total annual budget of the District is $456,119. The itemized budget for District 38 is included in the attached Engineer's Report on Page 11. The landscaping improvements to be maintained by District 38 are the parkways along the northerly side of Grand Avenue (between Diamond Bar Boulevard and Summitridge Drive), the southerly side of Temple Avenue (between Diamond Bar Boulevard and Golden Springs Drive), along Golden Springs Drive (between Torito Lane and Temple' Avenue); the streetscape improvements along Brea Canyon Road (between Pathfinder Road and the Southerly City Limit); and the medians throughout the City. The maintenance areas are further detailed in the Engineer's Report on Page 9. The maintenance and servicing of public landscaping improvements installed and constructed in public places in the City provides special benefit which is received by each and every lot or parcel within the District, tending t t enhance their value. The estimated number of parcels within the District is 17,887 parcel The amount assessed upon the lands within District No. 38 for Fiscal Year 2014-2015 wa,.. $15.00 per parcel. I] This 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. Marcy Hilario, Administrative Coordinator Date Prepared: May 11, 2015 David- G. Liu 11r,' Director of Public Works/City Engineer Attachments: Resolution No. 2015 -XX Engineer's Report dated May 2015 A RESOLUTION LEVYING AN ASSESSMENT ON CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 38 FOR THE FISCAL YEAR 2015-16. A. RECITALS. By its Resolution No. 2015-11, this Council approved a report of the Engineer of Work related to City of Diamond Bar Assessment District No. 38 prepared pursuant to California Streets and Highways Code Section 22623, described the improvements thereon and gave notice of and fixed the time and place of the hearing on the question of assessment thereon for fiscal year 2015-16. A diagram of the area encompassed by said assessment district is attached hereto as Exhibit (ii) Said hearing was duly and properly noticed, commenced in the Auditorium located at the AQMD/Government Center, 21865 Copley Drive, Diamond Bar, California on May 19, 2015, and was concluded prior to the adoption of this Resolution. (iii) All legal prerequisites to the adoption of this Resolution have occurred. ftow, THEREFORE, the City Council of the City of Diamond Bar does hereby find, I piliq pir I I I I I I 1. The Recitals, as set forth in Part A of this Resolution, are in all respects true f". This Council hereby expressly ove* rrules any and all protests filed objecting to the proposed improvements specified herein or the assessment levied therefore. 3. Based upon its review of the report of the Engineer of Work referred tit, hereinabove, and other reports and information, the City Council hereby finds that (i) the, land within the said District will be benefitted by the improvements specified in said reporl (ii) said District includes all of the lands so benefitted, and (iii) the net amount to be assessed upon the lands within said District for the 2015-16 fiscal year, in accordance with said report, is apportioned by a formula and method which fairly distributes the net amount among all assessable is or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements 4. The improvements specified in the report hereinabove referred to which is on file with the City Clerk of the City of Diamond Bar are hereby ordered to be completed. 5. The assessment diagram contained in the report referred to hereinabove and the assessment of $15.00 for each assessable lot located within said District are hereby adopted and confirmed and said assessment hereby is levied for the 2015- i cal iscal year. 6. The assessment is in compliance with the provisions of the Act, and the it Council has complied with all laws pertaining to the levy of an annual assessment pursuant to the Act. The assessment is levied for the purpose of paying the costs and expenses of the improvements described in the report referred to hereinabove for fiscal year 2015-16. 7. The City Treasurer shall deposit all moneys representing assessments collected by the County to the credit of a special fund for use in City of Diamond Bar Assessment District No. 38. 8. The it Clerk is hereby authorized and directed to file the diagram and assessment with the County Auditor, together with a certified copy of this Resolution upon its adoption. 9. A certified copy of the assessment and diagram shall be filed int office of the City Clerk and open for public inspection. 10. The City Clerk shall certify to the adoption of this Resolution. 0 ADOPTED AND APPROVED this day of Steve Tye, Mayor 1, TOMMYE A. 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 • • the City • Diamond Bar held • the •. • 7 20157 • the following Roll Call vote: il jq�� 11 "'i-W07WEM r� Tommye A. Cribbins, City Clerk City of Diamond Bar 3 pllq� • • 7ol i ArcTm, MR. wl,.:I:l 0 1 Oki . i FISCAL YEAR 2015-16 2015 PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972, GOVERNMENT CODE AND ARTICLE XIIID OF THE CALIFORNIA CONSTITUTION (THIS PAGE INTENTIONALLY LEFT BLANK PAGE CITY OF DIAMOND BAR Steve Tye, Mayor Nancy A. Lyons, Mayor Pro Tem Carol Herrera, Councilmember Jimmy Lin, Councilmember Jack Tanaka, Councilmember CITY MANAGER James DeStefano David Liu COMMUNITY- • •• Rose CiTYATTORNEY David DeBerry ENGINEER OF WORK SCI Consulting Group CITY OF DIAMOND BAR LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT No. 38 SSC [ConsultiingGroup ENGINEER'S REPORT, FISCAL YEAR 2015-16 PAGE 11 (THIS PAGE INTENTIONALLY LEFT BLANK CITY OF DIAMOND BAR LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT N0.38 SC ENGINEER'S REPORT, FISCAL YEAR 2015-16 TABLE OF CONTENTS OVERVIEW...................................................................................................................... 5 ENGINEER'S REPORT AND CONTINUATION DFASSESSMENTS .............................................. 5 METHOD DFAPPORTIONMENT ........................................................................................ 1q DISCUSSION DFBENEFIT ................................................................................................ 13 SPECIALBENEFIT .......................................................................................................... 14 GENERAL VERSUS SPECIAL BENEFIT .............................................................................. 18 BENEFITFINDING ........................................................................................................... 17 METHOD OF APPORTIONMENT -----------------------------.20 ANNUAL ASSESSMENT CALCULATION .............................................................................. 20 DURATION OFASSESSMENT ........................................................................................... 21 APPEALS DFASSESSMENTS LEVIED TOPROPERTY ........................................................... 21 ASSESSMENT FUNDS MUST BE EXPENDED WITHIN THE DISTRICT AREA ............................. 21 CITY opDIAMOND BAR LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT No. 38 FWIConsultingGroup PAGE IV LIST OF TABLES TABLE 1 - FY 2015-16 ESTIMATE OF COSTS ......................................................................... 11 TABLE 2 - FY 2015-16 SUMMARY COST ESTIMATE FOR LANDSCAPING ASSESSMENT DISTRICT No. 38 .............................................................................................................................. 22 CITY OF DIAMOND BAR WIN LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT N0.38 SC[ConsultingGroup ENGINEER'S REPORT, FISCAL YEAR 2015-16 INTRODUCTION OVERVIEW The City of Diamond Bar (the "City") services and maintains perimeter and median landscaping, and other improvements ("Improvements") to various parts of the City. In order to fund the maintenance and operation ("Services") of these projects and improvements, Landscaping Assessment District No. 38 ("District") was formed in 1984 by the County of Los Angeles prior to the incorporation of the City of Diamond Bar. Upon incorporation in 1989, the City assumed jurisdiction over the District. This Engineer's Report ("Report") was prepared to establish the budget for the Improvements (as described below) that will be funded by the 2015-16 assessments and other revenue, and to determine the general and special benefits received from the Improvements by property within the District and the method of assessment apportionment to lots and parcels. This Report and the assessments have been made pursuant to the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code (the "Act") and Article XIIID of the California Constitution (the "Article"). ENGINEER'S REPORT AND CONTINUATION OF ASSESSMENTS The assessments have been continued for over 30 years. In each subsequent year for which the assessments will be continued, the Diamond Bar City Council (the "Council") must direct the preparation of an Engineer's Report, budgets, and proposed assessments for the upcoming fiscal year. After the report is completed, the City Council may preliminarily approve the Engineer's Report and the continued assessments and establish the date for a public hearing on the continuation of the assessments. Accordingly, this Engineer's Report (the "Report") was prepared pursuant to the direction of the City Council. As required by the Act, this Report includes plans and specifications, a diagram or map of the District, the benefits received by property from the Improvements within the District, and the method of assessment apportionment to lots and parcels within the District. If the Council approves this Engineer's Report and the continuation of the Assessments by resolution, a notice of public hearing must be published in a local newspaper at least 10 days prior to the date of the public hearing. The resolution preliminarily approving the Engineer's Report and establishing the date for a public hearing is typically used for this notice. Following the minimum 10 -day time period after publishing the notice, a public hearing is held for the purpose of allowing public testimony about the proposed continuation of the Assessments. This hearing is currently scheduled for May 19, 2015. At this hearing, the Council will consider approval of a resolution confirming the continuation of the Assessments for fiscal year 2015-16. If so confirmed and approved, the Assessments would be submitted to the Los Angeles County Auditor/Controller for inclusion on the property tax rolls for fiscal year 2015-16. CITY OF DIAMOND BAR LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT N0.38 ENGINEER'S REPORT, FISCAL YEAR 2015-16 PAGE 6 Beginning in 2015, SCI Consulting Group became the Assessment Engineer for the District. To maintain an accurate reference and legally defensible record of the District, pertinent language used in previous engineer's reports has been retained herein and is cited in italics as LEGISLAWE ANALYSIS PROPOSITION 218 The Right to Vote on Taxes Act was approved by the voters of California on November 6, 1996, and is now Article XIIIC and XIIID of the California Constitution. Proposition 218 provides for benefit assessments to be levied to fund the cost of providing services and improvements, as well as maintenance and operation expenses to a public improvement which benefits the assessed property. SILICON VALLEY TAXPAYERS ASSOCIATION, INC. V SANTA CLARA COUNTY OPEN SPACE AUTHORITY (2008) 44 CAL. 4TH 431 In July of 2008, the California Supreme Court issued its ruling on the Silicon Valley Taxpayers Association, Inc. v Santa Clara County Open Space Authority ("SVTA"). This ruling is significant in that the Court clarified how Proposition 218 made changes to the determination of special benefit. The Court also found that: • Benefit assessments are for special, not general, benefit • The services and/or improvements funded by assessments must be clearly defined • Special benefits are directly received by and provide a direct advantage to property in the Improvement District • The assessment paid by property should be proportional to the special benefits it receives from the Improvements This Engineer's Report and the process used to establish the continuation of the assessments for fiscal year 2015-16 are consistent with the SVTA decision and with the requirements of Article XIIIC and XIIID of the California Constitution based on the following factors: 1. The District is drawn to include the entire City; although only parcels deriving special benefits are included in the assessment rolls. Thus, zones of benefit are not required and the assessment revenue derived from real property in the District is expended only on the Improvements in the District. 2. The Improvements which are constructed and maintained with assessment proceeds in the District are located in close proximity to the real property subject to the assessment. The Improvements provide landscaping and other services to the residents of such assessed property. The proximity of the Improvements to the assessed parcels provides a special benefit to the parcel being assessed pursuant to the factors outlined by the Supreme Court in that decision. CITY OF DIAMOND BAR OU = -�- LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT N0.38 15-C-4 lConsultiingGroup ENGINEER'S REPORT, FISCAL YEAR 2015-16 PAGE 7 3. Due to their proximity to the assessed parcels, the Improvements financed with assessment revenues in the District benefit the properties in that District in a manner different in kind from the benefit that other parcels of real property in the City derive from such Improvements, and the benefits conferred on such property in the District are more extensive than a general increase in property values. 4. The assessments paid in the District are proportional to the special benefit that each parcel within that Assessment District receives from the Improvements because: a. The specific landscaping Improvements and maintenance and utility costs thereof in the District are specified in this Report; and b. Such Improvement and maintenance costs in the District are allocated among different types of property located within the District, and equally among those properties which have similar characteristics, such as single-family residential parcels, multi -family residential parcels, commercial parcels, industrial parcels, etc. DAHMS V. DOWNTOWN P0NA PROPERTY (2009)174 CAL. APP. 4TH 708 In Dahms v. Downtown Pomona Propelty("Dahm§') the Court upheld an assessment that was 100% special benefit (i.e. 0% general benefit) on the rationale that the services and improvements funded by the assessments were directly provided to property in the assessment district. The Court also upheld discounts and exemptions from the assessment for certain properties. BONANDE Rv. TOWN OF TIBURON (2009)180 CAL, APP. 4TH 103 Bonanderv. Town of Tiburon ("Bonanderl the 1st District Court of Appeal overturned a benefit assessment approved by property owners to pay for placing overhead utility lines underground in an area of the Town of Tiburon. The Court invalidated the assessments primarily on the grounds that the assessments had been apportioned to assessed property based on the costs within sub -areas of the assessment district instead of the overall cost of the improvements and the overall proportional special benefits. B EU TZ V. COUNTY OF RSIDE (2010)184 CAL. APP. 4TH 1516 Steven Beutz v County of Riverside ("Beut,2') the Court overturned an assessment for park maintenance in Wildomar, California, primarily because the general benefits associated with improvements and services were not explicitly calculated, quantified and separated from the special benefits. GOLDEN HILL NEIGHBORHOOD AssociATION V. CITY OF SAN DIEGO (2011) 199 CAL. APP. 4TH 416 On September 22, 2011, the San Diego Court of Appeal issued a decision on the Golden Hill Neighborhood Association v. City of San Diego appeal. This decision overturned an assessment for street and landscaping maintenance in the Greater Golden Hill neighborhood of San Diego, California. The court described two primary reasons for its decision. First, like in Beutz, the court found the general benefits associated with services CITY OF DIAMOND BAR LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT No. 38 533C I Con su ltingG rou p ENGINEER'S REPORT, FISCAL YEAR 2015-16 PAGE 8 were not explicitly calculated, quantified and separated from the special benefits, Second, the court found that the City had failed to record the basis for the assessment on its own • COMPLIANCE WITH CURRENT LAW This Engineer's Report is consistent with the SVTA decision and with the requirements of Article XIIIC and XIIID of the California Constitution because the Improvements to be funded are clearly defined; the benefiting property in the District enjoys close and unique proximity, access and views to the Improvements; the Improvements serve as an extension of usable land area for benefiting properties in the District and such special benefits provide a direct advantage to property in the District that is not enjoyed by the public at large or other property. This Engineer's Report is consistent with Beutz, Dahms and Greater Golden Hill because the Improvements will directly benefit property in the District and the general benefits have been explicitly calculated and quantified and excluded from the Assessments. The Engineer's Report is consistent with Bonander because the Assessments have been apportioned based on the Overall cost of the Improvements and Services proportional special benefit to each property, rather than the proportional cost to the District to provide the Improvements to specific properties. CITY OF DIAMOND BAR LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT No. 38 SCIConsultilngGroup ENGINEER'S REPORT, FISCAL YEAR 2015-16 PAGE 9 PLANS & SPECIFICATIONS The City maintains landscaping and other improvements in locations within the District's boundaries. The work and improvements to be undertaken by Landscaping Assessment District No. 38, ("District"), and the cost thereof paid from the levy of the annual Assessment provide special benefit to Assessor Parcels within the District as defined in the Method of Assessment herein. In addition to the definitions provided by the Landscaping and Lighting Act of 1972 (the "Act"), the work and improvements are generally described as follows: The landscaped islands to be maintained by the District are located as follows: • Diamond Bar Blvd • Grand Ave • Golden Springs Dr — 57 fwy overcrossing to West City Limits • Golden Prados Dr— Golden Springs Dr to Hopi St • Tin Dr — Great Bend Dr to Diamond Bar Blvd • Lemon Ave — Lycoming St to Golden Springs Dr • Sunset Crossing Rd — 57 fwy off -ramp to Prospectors Rd • Prospectors Rd — at Dry Creek Rd; at Palo Cedro Dr; and at Beaverhead Dr • Pathfinder Rd at Brea Canyon Rd (east of 57 fwy) The landscaped parkways to be maintained by the District are located as follows: • Grand Ave — Summit Ridge to Diamond Bar Blvd, north side • Temple Ave — Diamond Bar Blvd to Golden Springs Dr, south side • Golden Springs Dr — Ballena Dr to End of cul-de-sac • Golden Springs Dr — El Encino Dr to Platina Dr • Golden Springs Dr — Rancheria Rd to end of cul-de-sac • Diamond Bar Blvd — Mountain Laurel Way to Maple Hill Rd • Pathfinder Rd — Evergreen Springs Dr to end of cul-de-sac • Brea Canyon Rd — Gerndal St • Golden Springs Dr—at Adel Ave • Brea Canyon Rd — South of Pathfinder Rd to southerly City Limits, both sides • Sunset Crossing Rd — Big Falls Dr to Chapparal Dr I The landscaped turf areas to be maintained by the District are located as follows: • Diamond Bar Blvd — at Gold Rush Dr • Grand Ave (east side) — from south of Rolling Knoll Dr to driveway at the Diamond Bar Center CITY OF DIAMOND BAR LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT N0.38 S.C[ConsultilngGroup ENGINEER'S REPORT, FISCAL YEAR 2015-16 PAGE 10 Installation, maintenance and servicing of Improvements, may include, but are not limited to, turf and play areas, landscaping, ground cover, shrubs and trees, irrigation systems, drainage systems, lighting, fencing, entry monuments, security patrols to protect the Improvements, graffiti removal and repainting, and labor, materials, supplies, utilities and equipment, as applicable, at each of the locations owned, operated or maintained by the District. As applied herein, "Installation" means the construction of Improvements, including, but not limited to, land preparation (such as grading, leveling, cutting and filling), sod, landscaping, irrigation systems, walkways and drainage and lights. "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 improvement; providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury; the removal of trimmings, rubbish, debris, and other solid waste, and the cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti. "Servicing" means the furnishing of electric current, or energy, gas or other illuminating agent for any public lighting facilities or for the lighting or operation of any other improvements; or water for the irrigation of any landscaping, the operation of any fountains, or the maintenance of any other improvements. Incidental expenses include all of the following: (a) The costs of preparation of the report, including plans, specifications, estimates, diagram, and assessment; (b) the costs of printing, advertising, and the giving of published, posted, and mailed notices; (c) compensation payable to the County for collection of assessments; (d) compensation of any engineer or attorney employed to render services in proceedings pursuant to this part; (e) any other expenses incidental to the construction, installation, or maintenance and servicing of the Improvements; (f) any expenses incidental to the issuance of bonds or notes pursuant to Streets & Highways Code Section 22662.5; and (g) costs associated with any elections held for the approval of a new or increased assessment (Streets & Highways Code §22526). Modifications to the District structure could include, but are not limited to, substantial changes or expansion of the Improvements provided, substantial changes in the service provided, modifications or restructuring of the District including annexation or detachment of specific parcels, revisions in the method of apportionment, or proposed new or increased assessments. The assessment proceeds will be exclusively used for Improvements within the District plus incidental expenses. CITY OF DIAMOND BAR LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT No. 38 S-C[ConsultifngGroup ENGINEER'S REPORT, FISCAL YEAR 2015-16 PAGE 11 FISCAL YEAR 2015-16 ESTIMATE • • AND BUDGET BUDGET FOR FISCAL YEAR 2015-16 The 1972 Act provides that the total costs for providing the maintenance and servicing of the District Improvements and facilities can be recovered in the assessment spread including incidental expenses. The latter can include engineering fees, legal fees, printing, mailing, postage, publishing and all other costs identified with the District proceedings. An estimate of District costs for fiscal year 2015-16 for the maintenance and servicing of the Improvements is provided below. TABLE 1 - FY 2015-16 ESTIMATE OF COSTS Expenditure to Salaries & Benefits (subsidized by General Fund) Operating Expenses Advertising Utilities Maintenance of Grounds/Buildings Professional Services Contract Services Capital Improvements Reserve for Future Capital Improvements Estimated Expenditures Revenue Item Direct Benefit Assessments FY 2015/16 General Fund Contribution Estimated Revenues Budget Allocation to Parcels Total Assessment BudgetA Total Assessable Parcels Assessment per Parcel CITY OF DIAMOND BAR ME �- LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT N0.38 S-C[ConsultilngGroup ENGINEER'S REPORT, FISCAL YEAR 2015-16 Amount $ $ 33,951 5,000 152,668 16,200 51500 2427800 0 0 $ 456,119 Amount $ $ 2687305 187,814 $ 456,119 Amount $ 2687305 177887 $ 15.00 CITY OF DIAMOND BAR ME �- LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT N0.38 S-C[ConsultilngGroup ENGINEER'S REPORT, FISCAL YEAR 2015-16 PAGE 12 Notes to Estimate of Costs: A. The Act requires that proceeds from the assessments must be deposited into a special fund that has been set up for the revenues and expenditures of the District. Moreover, funds raised by the assessment shall be used only for the purposes stated within this Report. Any balance remaining at the end of the Fiscal Year, June 30, must be carried over to the next Fiscal Year. The District may also establish a reserve fund for contingencies and special projects as well as a capital improvement fund for accumulating funds for larger capital improvement projects or capital renovation needs. Any remaining balance would either be placed in the reserve fund, the capital improvement fund, or would be used to reduce future years' assessments. CITY OF DIAMOND AR- &W-MMm"-g -710= LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT N0.38 ENGINEER'S REPORT, FISCAL YEAR 2015-16 PAGE 13 METHOD OF ASSESSMENT APPORTIONMENT AT- : Lei a I Lei 17M,71 This section of the Engineer's Report explains the benefits to be derived from the Improvements and the methodology used to apportion the total assessment to properties within the District. The District consists of certain assessor parcels within the boundaries as defined by the Assessment Diagram referenced in this report and the parcels identified by the Assessor Parcel Numbers listed with the levy roll. The parcel list includes all privately and publically owned parcels as shown. The method used for apportioning the Assessment is based upon the relative special benefits to be derived by the properties in the District over and above general benefits conferred on real property or to the public at large. The Assessment is apportioned to lots and parcels in proportion to the relative special benefit from the Improvements. The apportionment of special benefit is a two-step process: the first step is to identify the types of special benefit arising from the Improvements and the second step is to allocate the Assessments to property based on the estimated relative special benefit for each type of property. MONLImal In summary, the Assessments can only be levied based on the special benefit to property. This benefit is received by property over and above any general benefits. With reference to the requirements for assessments, Section 22573 of the Landscaping and Lighting Act of 1972 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 benefits to be received by each such lot or parcel from the improvements. N Proposition 218, as codified in Article XIIID of the California Constitution, has confirmed that assessments must be based on the special benefit to property and that the value of the special benefits must exceed the cost of the assessment: 'No assessment shall be imposed on any parcel which exceeds the reasonable cost of the proportional special benefit conferred on that parcel. ff The following benefit categories summarize the types of special benefit to residential, commercial, industrial and other lots and parcels resulting from the Improvements to be CITY OF DIAMOND BAR No LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT No. 38 S -1C lConsultifngGroup ENGINEER'S REPORT, FISCAL YEAR 2015-16 PAGE 14 provided with the assessment proceeds. These types of special benefit are summarized fo I 10 ws: A. Proximity to Improved Landscaped Areas and Other Public Improvements within the District. B, Access to Improved landscaped areas and Other Public Improvements within the District. C. Improved Views within the District. D. Extension of a property's outdoor areas and green spaces for properties within close proximity to the Improvements. In this case, the recent SVTA v. SCCOSA decision provides enhanced clarity to the definitions of special benefits to properties from similar improvements in three distinct areas: • Proximity • Expanded or improved access • Views The SVTA v. SCCOSA decision also clarifies that a special benefit is a service or improvement that provides a direct advantage to a parcel and that indirect or derivative advantages resulting from the overall public benefits from a service or improvement are general benefits. The SVTA v. SCCOSA decision also provides specific guidance that park improvements are a direct advantage and special benefit to property that is proximate to a park that is improved by an assessment: The characterization of a benefit may depend on whether the parcel receives a direct advantage from theimprovement (e.g. proximity to a park) or receives an indirect, derivative advantage resulting from the o verall public benefits of the improvement (e.g. general enhancement of the district's property values). Proximity, improved access and views, in addition to the other special benefits listed herein further strengthen the basis of these assessments. Moreover, the Dahms decision further clarified that certain services and improvements funded by assessments, that are over and above what otherwise would be provided and that other property in general and the public do not share or receive are 100% special benefit. The assessment -funded services upheld by Dahms included streetscape maintenance and security services. The District was formed by a different engineer of record. From the original Engineer's Report, the primary special benefits on landscaping are as set forth below: CITY OF DIAMOND BAR LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT N0.38 [ConsultingGroup ENGINEER'S REPORT, FISCAL YEAR 2015-16 PAGE 15 1.Beauffilcation 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 beneflts, I 'n addition, SCI assessment engineers have identified the following special benefits: Only the specific properties within close proximity to the Improvements are included in the District. The District has been narrowly drawn to include the properties that receive special benefits from the Improvements. Therefore, property in the District enjoys unique and valuable proximity and access to the Improvements that the public at large and property outside the District do not share. In absence of the Assessments, the Improvements would not be provided and the public improvements funded in the District would be degraded due to insufficient funding for maintenance, upkeep and repair. Therefore, the Assessments provide Improvements that are over and above what otherwise would be provided. Improvements that are over and above what otherwise would be provided do not by themselves translate into special benefits but when combined with the unique proximity and access enjoyed by parcels in the District, they provide a direct advantage and special benefit to property in the District. 1 i i 1 11111 ;� Since the parcels in the District are nearly the only parcels that enjoy close access to the Improvements, they directly benefit from the unique close access to improved landscaping areas and other public improvements that are provided by the Assessments. This is a direct advantage and special benefit to property in the District. i 1 11111q� I 111�1111111 li�iiiiiiiii�ill 1111 11 1 a*1 :F*lb I��i M K The City, by maintaining permanent public improvements funded by the Assessments in the District, provides improved views to properties in the District. The properties in the District enjoy close and unique proximity, access and views of the specific Improvements funded in the District; therefore, the improved and protected views provided by the Assessments are another direct and tangible advantage that is uniquely conferred upon property in the District. EXTENSION OF A PROPERTY'S OUTDOOR AREAS AND GREEN SPACES FOR PROPERTIES WITHIN CLOSE PROXIMITY TO THE IMPROVEMENTS In large part because it is cost prohibitive to provide large open land areas on property in the District, the residential, commercial and other benefiting properties in the District do not have large outdoor areas and green spaces. The Improvements within the District provide 1 From the Engineer's Report, Update of Assessment District No. 38, Fiscal Year 2014-15, City of Diamond Bar, dated June 3, 2014 CITY OF DIAMOND BAR WIN LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT N0.38 SCIConsulltilngGroup ENGINEER'S REPORT, FISCAL YEAR 2015-16 PAGE 16 additional outdoor areas that serve as an effective extension of the land area for proximate properties because the Improvements are uniquely proximate and accessible to property in close proximity to the Improvements. The Improvements, therefore, provide an important, valuable and desirable extension of usable land area for the direct advantage and special benefit of properties in the District because such properties have uniquely good and close proximity to the Improvements. 1111q 1111111111111 1111pill 111191111 Article XIIIC of the California Constitution requires any local agency proposing to increase or impose a benefit assessment to "separate the general benefits from the special benefits conferred on a parcel." The rationale for separating special and general benefits is to ensure that property owners subject to the benefit assessment are not paying for general benefits. An assessment can fund special benefits but cannot fund general benefits. Accordingly, a separate estimate of the special and general benefit is given in this section. In other words: I Total General + Special Benefit Benefit Benefit There is no widely -accepted or statutory formula for general benefit. General benefits are benefits from improvements or services that are not special in nature, are not "particular and distinct" and are not "over and above" benefits received by other properties. SVTA vs. SCCOSA provides some clarification by indicating that general benefits provide "an indirect, derivative advantage" and are not necessarily proximate to the improvements. In this Report, the general benefit is liberally estimated and described, and then budgeted so that it is funded by sources other than the Assessment. The starting point for evaluating general and special benefits is the current, baseline level of service. The Assessment will fund Improvements "over and above" this general, baseline level and the general benefits estimated in this section are over and above the baseline. A formula to estimate the general benefit is listed below: Benefit to Real General Property Outside Benefit the Assessment District CITY OF DIAMOND BAR LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT N0.38 ENGINEER'S REPORT, FISCAL YEAR 2015-16 Benefit to Real Property Inside the Benefit to Assessment District the Public that is Indirect and at Large Derivative PAGE 17 Special benefit, on the other hand, is defined in the state constitution as Ila particular and distinct benefit over and above general benefits conferred on real property located in the district or to the public at large." The SVTA v. SCCOSA decision indicates that a special benefit is conferred to a property if it "receives a direct advantage from the improvement (e.g., proximity to a park)." In these Assessments, as noted, properties in the District have close and unique proximity, views and access to the Improvements and uniquely improved desirability from the Improvements and other properties and the public at large do not receive significant benefits because they do not have proximity, access or views of the Improvements. Therefore, the overwhelming proportion of the benefits conferred to property is special, and is only minimally received by property outside the Districts or the public at large. 11, In this section, the general benefit from landscaping and other types of Improvements is liberally estimated and described, and then budgeted so that it is funded by sources other than the Assessment. • il 1 11111 1111 11 • ; i� 1111 Aill] Properties within the District receive almost all of the special benefits from the Improvements because properties in the District enjoy unique close proximity and access to the Improvements that is not enjoyed by other properties or the public at large. However, certain properties within the proximity/access radius of the Improvements, but outside of the boundaries of the District, may receive some benefit from the Improvements. Since this benefit is conferred to properties outside the District boundaries, it contributes to the overall general benefit calculation and will not be funded by the Assessments. The general benefit to property outside of the District is calculated with the parcel and data analysis performed by SCI Consulting Group. Since the properties outside the District but with frontage abutting the Improvements cannot be assessed by the District, this is a form of general benefit to other property. The primary way that parcels outside the district benefit by the Improvements is from views. Therefore, parcels that abut the landscape areas and are not separated from the Improvements by a privacy fence are counted for this general benefit. Since very few of the Improvements lie at the District boundary near occupied parcels, there are very few parcels in this category. The general benefit to property outside of the District is calculated as follows. SSU IO: 18 parcels outside the District 17,887 parcels in the District CALCULATION: General Benefit to property outside the District 18/(18+17,887) = 0.10% CITY OF DIAMOND BAR vw� �-_- LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT No. 38 S. -- ,C- I-ConsultingGroup ENGINEER'S REPORT, FISCAL YEAR 2015-16 PAGE 18 BENEFIT TO PROPERTY N&DETHE ASSESSMENT DISTRICTS THAT is INDIRECTANDDERIVATIVE The "indirect and derivative" benefit to property within the District is particularly difficult to calculate. A solid argument can be presented that all benefit within the District is special, because the other Improvements are clearly "over and above" and "particular and distinct" when compared with the baseline level of service and the unique proximity, access and views of the other Improvements enjoyed by benefiting properties in the District. Nevertheless, the SVTA vs. SCCOSA decision indicates there may be general benefit "conferred on real property located in the district" A measure of the general benefits to property within the Assessment area is the percentage of land area within or directly abutting the District that is publicly owned and used for regional purposes such as major roads, rail lines and other regional facilities because such properties used for regional purposes could provide indirect benefits to the public at large. Approximately 4.43% of the land area in the District is used for such regional purposes, so this is a measure of the general benefits to property within the District. The general benefit to the public at large can be estimated by the proportionate amount of time that the District's Improvements are used and enjoyed by individuals who are not residents, employees, customers or property owners in the District. It should be noted that these Improvements do not attract the public at large in the same way as park improvements — and they confer far less benefit to the public at large than do similar park improvements. In essence, the public does not visit an area to enjoy landscaping in the same way as they may visit a park. One way to measure the special benefit to the general public is by the vehicle trips through an area with Improvements by people who are not residents within the District. Of the four ways benefits are conferred (proximity, access, views, extension of a property's green space, and creation of lots), the only benefit that is conferred by way of pass -by vehicle trips is views, which accounts for 25% of the total benefits. This is further reduced to 10% due the brevity of the views and because views are less critically important and are enjoyed much less often to the average non-resident driver than to a resident. Specific data is not available for the number of vehicle trips by non-residents of the District past the Improvements, which lie mostly on arterial roadways. A conservative estimate of vehicle trips by non-residents is 50% of all vehicle trips. Therefore (50% of 10% =) 5.00% of the benefits from the other Improvements are general benefits to the public at large. MIND* Using a sum of these three measures of general benefit, we find that approximately 9.53% of the benefits conferred by the Improvements may be general in nature and should be funded by sources other than the assessment. CITY OF DIAMOND BAR NOT LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT N0.38 S. C lConsultiingGroup ENGINEER'S REPORT, FISCAL YEAR 2015-16 PAGE 19 0.10% (Outside the District) + 4.43% (Property within the District) + 5.00% (Public at Large) 9.53% (Total General Benefit) Although this analysis finds that 9.53% of the assessment may provide general benefits from the Improvements, the Assessment Engineer establishes a requirement for a minimum contribution from sources other than the assessments of 10%. This minimum contribution above the measure of general benefits will serve to provide additional coverage for any other general benefits. iq�ii I q q This general benefit cannot be funded from the Assessments; it must be funded from other sources such as the City's General Fund or other non -District funds. These contributions can also be in the form of in -lieu contributions to the installation and maintenance of the Improvements such as other City assets that support and protect the Improvements. The City of Diamond Bar will contribute both monetary and in -lieu resources to ensure that the general benefits conferred by the proposed Improvements are not funded by the District's Assessments. A summary and quantification of these other contributions from the City is discussed below: The City of Diamond Bar owns, maintains, rehabilitates and replaces curb and along the border of the District Improvements. This curb and gutter serves to support, contain, retain, manage irrigation flow and growth, and provide a boundary for the Improvements. The contribution from the City towards general benefit from the maintenance, rehabilitation, and replacement of the curb and gutter is conservatively estimated to be 5%. The City owns and maintains a storm drainage system along the border of the District Improvements. This system serves to prevent flooding and associated damage to the Improvements, and manage urban runoff including local pollutants loading from the Improvements. The contribution from the City towards general benefit from the maintenance, and operation of the local storm drainage system is conservatively estimated to be 5%. The City owns and maintains local public streets along the border of the District Improvements. These public streets provide access to the Improvements for its enjoyment as well as efficient maintenance. The contribution from the City towards general benefit from the maintenance of local public streets is conservatively estimated to be 5%. The value of the construction of the improvements can be quantified and monetized as an annuity. Since this construction was performed and paid for by non -assessment funds, this CITY OF DIAMOND BAR LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT N0.38 SCIConsultingGroup ENGINEER'S REPORT, FISCAL YEAR 2015-16 PAGE 20 ((annuity" can be used to offset general benefit costs, and is conservatively estimated tit, contribute 10%. The total General Benefit is liberally quantified at 10% which is entirely offset by the conservatively quantified total non -assessment contribution towards general benefit described above of 25%. Therefore, no additional General Benefit must be funded by the City. The development of an Assessment methodology requires apportioning to determine the relative special benefit for each property. As the District was formed by a different engineer of record, the precise language from the most recent Engineer's Report is included below: 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 Impto vements, namely the maintenance and servicing of public landscaping impro vements 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 on landscaping are as set forth Belo w,- 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. The existing land use information indicates that well o ver 90 percent of the parcels within the City ofDiamond 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 assessment2 For fiscal year 2015-16 the amount of Assessments for the District is not increased from prior years. The estimated assessment per parcel is $15.00. 2Frorn the Engineer's Report, Update of Assessment District No. 38, Fiscal Year 2014-15, City of Diamond Bar, dated June 3, 2014 CITY OF DIAMOND BAR 5 M -0 0 N W affin = LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT N0.38 &C[ConsultilngGroup ENGINEER'S REPORT, FISCAL YEAR 2015-16 PAGE 21 The District was formed or annexed in previous years. It is proposed that the Assessments be continued every year after their formation or annexation, so long as the public Improvements need to be maintained and improved, and the City requires funding from the Assessments for these Improvements in the District. As noted previously, the Assessment can continue to be levied annually after the City Council approves an annually updated Engineer's Report, budget for the Assessment, Improvements to be provided, and other specifics of the Assessment. In addition, the City Council must hold an annual public hearing to continue the Assessment. MCA Any property owner who feels that the Assessment levied on the subject property is in error as a result of incorrect information being used to apply the foregoing method of assessment may file a written appeal with the City of Diamond Bar City Administrator or his or her designee. Any such appeal is limited to correction of an Assessment during the then -current Fiscal Year and applicable law. Upon the filing of any such appeal, the City Administrator or his or her designee will promptly review the appeal and any information provided by the property owner. If the City Administrator or his or her designee finds that the Assessment should be modified, the appropriate changes shall be made to the Assessment Roll. If any such changes are approved after the Assessment Roll has been filed with the County for collection, the City Administrator or his or her designee is authorized to refund to the property owner the amount of any approved reduction. Any dispute over the decision of the City Administrator or his or her designee shall be referred to the Diamond Bar City Council, and the decision of the City Council shall be final. ... 111119 lliili! li'11`111 ��1111 III ;;��111111 i 111] 1 lq� I I I I aIWAL :4 � I J E4 1 V RII The net available Assessment funds, after incidental, administrative, financing and other costs shall be expended exclusively for Improvements within the boundaries of the District or as described herein, and appropriate incidental and administrative costs as defined in the Plans and Specifications section. CITY OF DIAMOND BAR LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT N0.38 SC[ConsultilngGroup ENGINEER'S REPORT, FISCAL YEAR 2015-16 ASSESSMENT PAGE 22 WHEREAS, the City of Diamond Bar directed the undersigned engineer of work to prepare and file a report presenting an estimate of costs, a Diagram for the District and an assessment of the estimated costs of the Improvements upon all assessable parcels within the District; THEREFORE, the undersigned, by virtue of the power vested in me under the Act, Article XIIID of the California Constitution, and the order of the City of Diamond Bar City Council, hereby makes the following Assessment to cover the portion of the estimated cost of the Improvements, and the costs and expenses incidental thereto to be paid by the District. The amount to be paid for said Improvements and the expense incidental thereto, to be paid by the District for the Fiscal Year 2015-16 is generally as follows: SUMMARYTABLE 2 - FY 2015-16 • FOR No. 38 Salaries & Benefits $ 33Y951 Operating Expenses & Services 4227168 Capital Expenses 0 Total for Services $ 4567119 Less General Fund Contribution (187, 814) Less Other Revenue 0 Net Amount to Assessments $ 268,305 As required by the Act, an Assessment Diagram of the District is hereto attached and incorporated herein by reference. The distinctive number of each parcel or lot of land in the District is its Assessor Parcel Number appearing on the Assessment Roll. I do hereby assess and apportion the net amount of the cost and expenses of the Improvements, including the costs and expenses incident thereto, upon the parcels and lots of land within the District, in accordance with the special benefits to be received by each parcel or lot, from the Improvements, and more particularly set forth in the Estimate of Cost and Method of Assessment in the Report. The Assessment is made upon the parcels or lots of land within the District in proportion to the special benefits to be received by the parcels or lots of land, from the Improvements. CITY OF DIAMOND BAR - - LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 38 ENGINEER'S REPORT, FISCAL YEAR 2015-16 PAGE 23 Each parcel or lot of land is described in the Assessment Roll by reference to its parcel number as shown on the Assessor's Maps of the County of Los Angeles for the Fiscal Year 2015-16. For a more particular description of the property, reference is hereby made to the deeds and maps on file and of record in the office of the County Recorder of the County. I hereby will place opposite the Assessor Parcel Number for each parcel or lot within the Assessment Roll, the amount of the assessment for the Fiscal Year 2015-16 for each parcel or lot of land within the District. OQ?,pFESSIpNq W C 52091 m `5>,9 CIVIL �OF CA1-\F/ CITY OF DIAMOND BAR LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT N0.38 ENGINEER'S REPORT, FISCAL YEAR 2015-16 Engineer of Work By Joh W. Bliss, License No. C052091 PAGE 24 ASSESSMENT DIAGRAM The District boundary is conterminous with the City Limits. The parcels to be assessed in Landscaping Assessment District No. 38 are shown on the Assessment Diagram, which is on file with the City Clerk of the City of Diamond Bar, and includes all those properties included in the original formation of the District and subsequent annexations. The following Assessment Diagram is for general location only and is not to be considered the official boundary map. The lines and dimensions of each lot or parcel within the District are those lines and dimensions as shown on the maps of the Assessor of the County of Los Angeles, for Fiscal Year 2015-16, and are incorporated herein by reference, and made a part of this Diagram and this Report. CITY OF DIAMOND BAR LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT N0.38 S." C. I Con sultinqG roup ENGINEER'S REPORT, FISCAL YEAR 2015-16 PAGE 25 CITY OF DIAMOND BAR LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 38 ENGINEER'S REPORT, FISCAL YEAR 2015-16 ■ 1 0 ASSESSMENT ROLL An Assessment Roll (a listing of all parcels assessed within the District and the amount of the Assessment) will be filed with the City Clerk and is, by reference, made part of this Report and is available for public inspection during normal office hours at the City Hall at 21810 Copley Drive, 2nd floor, Diamond Bar, California 91765. Each lot or parcel listed on the Assessment Roll is shown and illustrated on the latest County Assessor records and these records are, by reference, made part of this Report. These records shall govern for all details concerning the description of the lots or parcels. CITY OF DIAMOND BAR 0 P -W. Womm " OM -00=002 a-, WWI= LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT N0.38 SiC lConsultingGroup ENGINEER'S REPORT, FISCAL YEAR 2015-16 �Sst TO: Honorable Mayor and Members of the City Council VIA: James Agenda 4 7. 1 (b) Meeting Date: May 19, 2015 • City Mana er TITLE: ADOPT RESOLUTION NO. 2015-X rLEVYING AN ASSESSMENT ON CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 39 FOR FISCAL YEAR 2015-2016 FINANCIAL SUMMARY: The District 39 levy rate of $236.00 per parcel will generate $295,236 in assessment revenue. The assessment rate remains the same as the rate applied at the •. formation • the District prior to Diamond Bar's incorporation. There are not sufficient funds collected to maintain and improve the District without utilizin the General Fund. For FY 2015-16, $3,546 of the General Fund will pay for the operation an maintenance costs in District 39. 1 The assessment revenues shall be deposited in Special Revenue Landscape Fund 139 and shall •• toward the 2015-16 operation and maintenance budget. The • annual budget of the District is $298,782. The itemized budget for District 39 is included in the attached Engineer's Report on Page 11. The landscaping improvements to be -• by District 39 are the mini parks, slopes and open space areas within. the District as reflected in the Assessment Diagram on page 26 of the Engineer's Report. This reflects a • maintenance area of 60.45 acres. The maintenance • servicing • public landscaping improvements installed and constructed in public places in the City provides a special benefit which is received by each and every lot or parcel within the District, tending to enhance their value. 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 2014-2015 was $130.00 per parcel. The amount to be assessed for Fiscal Year 2015-2016 is proposed to be set at $236.00 per parcel. This increase over the prior year is intended -to have the District pay for the operation and maintenance costs for which it was formed and to decrease the amount of General Fund subsidy required to operate the District. While this is an increase, it is not higher than the original assessment set at the time of the 1985 District formation, which assessment was approved by and pursuant to a petition signed by the property owners who owned all of the parcels at the time the District was formed. Pursuant to the Landscaping and Lighting Act of 1972 as amended in 2000 to conform to Articles XIIIC and XIIID of the California Constitution, a majority protest process is required for any annual assessment that is increased from any previous year as defined in Government Code Section 54954.6. Subsection 54954.6(a) (1) (C) provides that the term it new or increased assessment" does not include "an ongoing annual assessment if it is imposed at the same or lower amount as any previous year. 77 Because the assessment is being imposed in the same amount as in a previous year, it is not subject to the majority protest procedure. In addition, Article XIIID, section 5, of the California Constitution, exempts from the majority protest procedure any assessment which was imposed pursuant to a petition signed by persons owning all of the parcels subject to the assessment at the time the assessment was initially imposed. The $236 per parcel assessment was imposed pursuant to such a petition when the District was first formed and assessments were initially imposed. In order to elicit input from property owners within the district regarding the re -instatement of the higher assessment rate of $236, staff mailed approximately 1,300 notices of this public hearing on Frid.y, May 1, 2015 to each property owner, in addition to the required publication of the Notice in the local newspapers. As of the writing of this report, roughly eight (8) phone inquiries have been received, with staff answering any questions presented. Marcy Hilario, Administrative Coordinator Date Prepared: May 11, 2015 REVIEWEIDZY. David G. Ll'u Director of Public Works/City Engineer Attachments: Notice of Public Hearing Mailed May 1, 2015 Resolution No. 2015 -XX Engineer's Report dated May 2015 Steve Tye Mayor Nancy A. Lyons Mayor Pro Tem Carol Herrera Council Member Jimmy Lin Council Member Jack Tanaka Council Member -C -92ty of Diamond Bar 21810 Copley Drive 0 Diamond Bar, CA 9,1765-4178 (909) 839-7000 9 Fax1109) 861-3117 www.DiamondarGA.gov vw Friday, May 1, 2015 NO,w__`.ING Proposed Landscape District 39 Assessment Readjustment Diamond Bar City Council is holding a public hearing on Tuesday, iMay 19, 2015 at 6:45 p.m., or as soon thereafter as matters may be heard., in the AQAD Government Center Auditorium, 2.865 Copley Drive., Diamond Bar, to consider adoption of a readjusted annual assessment for Landscape Assessment District 39. Formed in 1985 by the- County of Los Angeles, District 39 comprises more than 60 acres of public parks, slopes and open space areas (boundaries shown in the attached map). The assessment rate was originally established at $236 per parcel. However, upon incorporation in 1989, the City reduced the rate to $130 per parcel. Over the years, the service and maintenance costs have exceeded the resources generated by the assessment rate, thus requiring the use of the City s General Fund to subsidize the shortfall of funds. At the public hearing, the City Council will consider reinstating the original annual assessment of $236 per parcel to bring District 39 revenues up to a level that better reflects the current cost of service. As a property owner within this District, you are invited to attend the scheduled public hearing where you can obtain more in -formation and voice your thoughts about the proposed assessment rate. increase. More information about Landscape District 39 is avail --?--.,Ie online at www.DiamondBarCa.gov/LD39. If you are unable to attend 'the May 19 public hearing but would like to submit written comments to be formally recorded, please drop them off or mail them to Diamond Bar City Hall, 21810 Copley Drive, Diamond Bar, Ca 91765, Attention- City Clerl(Tommye-Cribbins, or send them by email to tcribbins@diamondbarca.gov. The deadline for comments is 5:30 p.m. on Monday,, May 18. If you have any questions regarding this notice or the public hearing, please call Diamond Bar City Hall at 909.839.7000 between the hours of 7:30 a.m. and 5:30 p.m. Monday through Thursday or 7:30 a.m.-and 4:30 p.m. on Friday. _7� 211� r-3 0 L_ L SE P-11 t `- i;3 [:1- 0 10 C;3 0 9 C? (909) 839 - 7000 ci ,k q3 01) I:EF:7:30a.m.-5:30p.m.(-I�'-LJqOI 7:30 a.m. - 4:30 p.m. t 001 I W 11 q 111"101,1111 'A� A� A RESOLUTION LEVYING AN ASSESSMENT ON CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 39 FOR THF FISCAL YEAR 2015-16, A. RECITALS, (i) By its Resolution No. 2015-12, this Council approved a report of the Engineer of Work related to City of Diamond Bar Assessment District No. 39 prepared pursuant to California Streets and Highways Code Section 22623, described the improvements thereon and gave notice of and fixed the time and place of the hearing on the question of assessment thereon for fiscal year 2015-16. A diagram of the area encompassed by said assessment district is attached hereto as Exhibit "A-2." Said hearing was duly and properly noticed, commenced in the Auditorium located at the AQMD/Government Center, 21865 Copley Drive, Diamond Bar, California on May 19, 2015, and was concluded prior to the adoption of this Resolution. (iii) All legal prerequisites to the adoption of this Resolution have occurred. NOW, THEREFORE, the City Council of the City of Diamond Bar does hereby find, 1 . The Recitals, as set forth in Part A of this Resolution, are in all respects trug 2. This Council hereby expressly overrules any and all protests filed objecting to the proposed improvements specified herein or the assessment levied therefore. 3. Based upon its review of the report of the Engineer of Work referred to I- lereinabove, and other reports and information, the City Council hereby finds that (i) the land within the said District will be benefitted by the improvements specified in said report, 0 (ii) said District includes all of the lands so benefitted, and (iii) the net amount to be assessed upon the lands within said District for the 2015-16 fiscal year, in accordance with said report, is apportioned by a formula and method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements 4. The improvements specified in the report hereinabove referred to which is on file with the City Clerk of the City of Diamond Bar are hereby ordered to be completed. 5. The assessment diagram contained in the report referred to hereinabove and the assessment of $236.00 for each assessable lot located within said District are hereby adopted and confirmed and said assessment hereby is levied forte 2015-16 fiscal year. 6. The assessment is in compliance with the provisions of the Act, and the City Council has complied with all laws pertaining to the levy of an annual assessment pursuant to the Act. The assessment is levied for the purpose of paying the costs and expenses of the improvements described in the report referred to hereinabove for fiscal year 2015-16. 7. The City Treasurer shall deposit all moneys representing assessments collected by the County to the credit of a special fund for use in City of Diamond Bar Assessment District No. 39. 8. The City Clerk is hereby authorized and directed to file the diagram and assessment with the County Auditor, together with a certified copy of this Resolution upon its adoption. 9. A certified copy of the assessment and diagram shall be filed in the office of the City Clerk and open for public inspection. 10. The it Clerk shall certify to the adoption of this Resolution. 2 ADOPTED AND APPROVED this day ol Steve Tye, Mayor 1, TOMMYE A. 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 -A- the City Council of the City of Diamond Bar held on the d ay of 7 20157 • the following • Call votem. AYES: COUNCIL MEMBERS: lam] gm il I ■ � I IIIII Tommye A. Cribbins, City Clerk City of Diamond Bar 3 AW N— It W,4 Ila NN tip ow W 490 1: MIA 4f IN W. 4L'N OR INN TA ILW PL Ar AVT All Nits MR1 111 IN w N= W am 411 El • •III i '` [#[:!rcm -rff[m:mjm:T"p Jklmi 9 lip FISCAL YEAR 2015-16 2015 PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972, GOVERNMENT CODE AND ARTICLE X111D OF THE CALIFORNIA CONSTITUTION SCIConsultoingGroup 4745 MANGELs BOULEVARD FAIRFIELD, CALIFORNIA 94534 PHONE 707.430.4300 (THIS PAGE INTENTIONALLY LEFT BLANK PAGE CITY OF DIAMOND Steve Tye, Mayor Nancy A. Lyons, Mayor Pro Tem Carol Herrera, Councilmember Jimmy Lin, Councilmember Jack Tanaka, Councilmember CITY MANAGER James DeStefano BobPUBLIC WORKS DIRECTOR / CITY ENGINEER David Liu COMMUNITY SERVICES DIRECTOR Rose CiTYATTORNEY David DeBerry ENGINEER t. r- GIEER OF WORK SCI Consulting Group CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT N0.39 S - ENGINEER'S REPORT, FISCAL YEAR 2015-16 PAGE II (THIS PAGE INTENTIONALLY LEFT BLANK CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT N0.39 SCIConsultilngGroup ENGINEER'S REPORT, FISCAL YEAR 2015-16 TABLE OF CONTENTS INTRODUCTION ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^5 OVERVBN---------------------------------------. ENGINEER'S REPORT AND CONTINUATION OFASSESSMENTS .............................................. 5 LEGISLATIVEANALYSIS .................................................................................................... 8 PLANS & SPECIFICATIONS ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,9 FISCAL YEAR 2015-16 ESTIMATE OF COST AND BUDGET ...................................................... 11 BUDGET FOR FISCAL YEAR 2015-16............................................................................... 11 METHOD OF ASSESSMENT APPORTIONMENT .....................................13 METHOD OF APPORTIONMENT -----------------------------.13 DISCUSSIONOFBENEFIT ................................................................................................ 13 SPECIALBENEFIT .......................................................................................................... 14 GENERAL VERSUS SPECIAL BENEFIT .............................................................................. 16 'BENEFIT FINDING ........................................................................................................... 17 METHOD OF APPORTIONMENT -----------------------------�20 ANNUALA8SE38MENTCALCULAT0N.............................................................................. 21 DURATIONOFASSESSMENT ........................................................................................... 21 APPEALS DFAsSEQSMENT8LEVIED TOPROPERTY ........................................................... 22 ASSESSMENT..................,..,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,23 ASSESSMENT DIAGRAM ....,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,.25 CITY npDIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT No. 39 SC[ConsultifngGroup PAGE IV LIST OF TABLES TABLE 1- FY 2015-16 ESTIMATE OF COSTS ......................................................................... 11 TABLE 2 - FY 2015-16 SUMMARY COST ESTIMATE FOR LANDSCAPING ASSESSMENT DISTRICT No. 39 . . . . . . . . . . . . . . I I I . . . . . . . 0 1 1 a a . I . x I . . I . . I I I . I . . v m m . .. .. . a . . . . . . . m o t . . . w w . . . . . . a o . . . a o . , . . . s . . . . . . a a a s . . x - x . .. .. 23 CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT N0.39 SC[ConsultilngGroup ENGINEER'S REPORT, FISCAL YEAR 2015-16 INTRODUCTI'ON OVERVIEW The City of Diamond Bar (the "City") services and maintains mini -parks, slopes and open space areas and other improvements ("Improvements") in the Diamond Bar Hills area of the City. In order to fund the maintenance and operation ("Services") of these projects and improvements, Landscaping Assessment District No. 39 ("District") was formed in 1985 by the County of Los Angeles prior to the incorporation of the City of Diamond Bar. Upon incorporation in 1989, the City assumed jurisdiction over the District. This Engineer's Report ("Report") was prepared to establish the budget for the Improvements (as described below) that will be funded by the 2015-16 assessments and other revenue, and to determine the general and special benefits received from the Improvements by property within the District and the method of assessment apportionment to lots and parcels. This Report and the assessments have been made pursuant to the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code (the "Act") and Article XIIID of the California Constitution (the "Article"). ENGINEER'S REPORT AND CONTINUATION OF ASSESSMENTS The assessments have been continued for 30 years. In each subsequent year for which the assessments will be continued, the Diamond Bar City Council (the "Council") must direct the preparation of an Engineer's Report, budgets, and proposed assessments for the upcoming fiscal year. After the report is completed, the City Council may preliminarily approve the Engineer's Report and the continued assessments and establish the date for a public hearing on the continuation of the assessments. Accordingly, this Engineer's Report (the "Report") was prepared pursuant to the direction of the City Council. As required by the Act, this Report includes plans and specifications, a diagram or map of the District, the benefits received by property from the Improvements within the District, and the method of assessment apportionment to lots and parcels within the District. If the Council approves this Engineer's Report and the continuation of the Assessments by resolution, a notice of public hearing must be published in a.local newspaper at least 10 days prior to the date of the public hearing. The resolution preliminarily approving the Engineer's Report and establishing the date for a public hearing is typically used for this notice. Following the minimum 10 -day time period after publishing the notice, a public hearing is held for the purpose of allowing public testimony about the proposed continuation of the Assessments. This hearing is currently scheduled for May 19, 2015. At this hearing, the Council will consider approval of a resolution confirming the continuation of the Assessments for fiscal year 2015-16. If so confirmed and approved, the Assessments would be submitted to the Los Angeles County Auditor/Controller for inclusion on the property tax rolls for fiscal year 2015-16. CITY OF DIAMOND BAR LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT N0.39 ENGINEER'S REPORT, FISCAL YEAR 2015-16 PAGE 6 Beginning in 2015, SCI Consulting Group became the Assessment Engineer for the District. To maintain an accurate reference and legally defensible record of the District, pertinent language used in previous engineer's reports has been retained herein and is cited in italics as appropriate. LEGISLAWE ANALYSIS PROPOSITION 218 The Right to Vote on Taxes Act was approved by the voters of California on November 6, ,1996, and is now Article XIIIC and XIIID of the California Constitution. Proposition 218 provides for benefit assessments to be levied to fund the cost of providing services and improvements, as well as maintenance and operation expenses to a public improvement which benefits the assessed property. SILICON VALLEY TAXPAYERS ASSOCIATION, INC. V SANTA CLA RA COUNTY OPEN SPACE AUTHORITY (2008) 44 CAL. 4TH 431 In July of 2008, the California Supreme Court issued its ruling on the Silicon Valley Taxpayers Association, Inc. v Santa Clara County Open Space Authority ("SVTA"). This ruling is significant in that the Court clarified how Proposition 218 made changes to the determination of special benefit. The Court also found that: Benefit assessments are for special, not general, benefit The services and/or improvements funded by assessments must be clearly defined Special benefits are directly received by and provide a direct advantage to property in the Improvement District The assessment paid by property should be proportional to the special benefits it receives from the Improvements This Engineer's . Report and the process used to establish the continuation of the assessments for fiscal year 2015-16 are consistent with the SVTA decision and with the requirements of Article XIIIC and XIIID of the California Constitution based on the following factors: 1. The District is drawn to include the entire City; although only parcels deriving special benefits are included in the assessment rolls. Thus, zones of benefit are not required and the assessment revenue derived from real property in the District is expended only on the Improvements in the District. 2. The Improvements which are constructed and maintained with assessment proceeds in the District are located in close proximity to the real property subject to the assessment. The Improvements provide landscaping and other services to the residents of such assessed property. The proximity of the Improvements to the assessed parcels provides a special benefit to the parcel being assessed pursuant to the factors outlined by the Supreme Court in that decision. CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT N0.39 SC[ConsultilngGroup ENGINEER'S REPORT, FISCAL YEAR 2015-16 PAGE 7 3. Due to their proximity to the assessed parcels, the Improvements financed with assessment revenues in the District benefit the properties in that District in a manner different in kind from the benefit that other parcels of real property in the City derive from such Improvements, and the benefits conferred on such property in the District are more extensive than a general increase in property values. 4. The assessments paid in the District are proportional to the special benefit that each parcel within that Assessment District receives from the Improvements because: a. The specific landscaping Improvements and maintenance and utility costs thereof in the District are specified in this Report; and b. Such Improvement and maintenance costs in the District are allocated among different types of property located within the District, and equally among those properties which have similar characteristics, such as single-family residential parcels, multi -family residential parcels, commercial parcels, industrial parcels, etc. DAHMS v. DOWNTOWN POMONA PROPERTY (2009)174 CAL. APP. 4TH 708 In Dahms v Downtown Pomona Propelty("Dahm§') the Court upheld an assessment that was 100% special benefit (i.e. 0% general benefit) on the rationale that the services and improvements funded by the assessments were directly provided to property in the assessment district. The Court also upheld discounts and exemptions from the assessment for certain properties. BONANDERv. TOWN OF TIBURON (2009)180 CAL. APP. 4TH 103 Bonanderv. Town of Tiburon ("Bonanderl the 1st District Court of Appeal overturned a benefit assessment approved by property owners to pay for placing overhead utility lines underground in an area of the Town of Tiburon. The Court invalidated the assessments primarily on the grounds that the assessments had been apportioned to assessed property based on the costs within sub -areas of the assessment district instead of the overall cost of the improvements and the overall proportional special benefits. B EUTZ V. COUNTY OF RivERSIDE (2010)184 CAL. APP. 4TH 1516 Steven Beutz v County of Riverside ("BeutY) the Court overturned an assessment for park maintenance in Wildomar, California, primarily because the general benefits associated with improvements and services were not explicitly calculated, quantified and separated from the special benefits. GOLDEN HILL NEIGHBORHOOD AssociATION V. CITY OF SAN DIEGO (2011) 199 CAL. APP. 4TH 416 On September 22, 2011, the San Diego Court of Appeal issued a decision on the Golden Hill Neighborhood Association. v. City of San Diego appeal. This decision overturned an assessment for street and landscaping maintenance in the Greater Golden Hill neighborhood of San Diego, California. The court described two primary reasons for its decision. First, like in Beutz, the court found the general benefits associated with services CITY OF DIAMOND BAR ON - LANDSCAPING ASSESSMENT DISTRICT N0.39 S%C [Con sultilngGroup ENGINEER'S REPORT, FISCAL YEAR 2015-16 PAGE 8 were not explicitly calculated, quantified and separated from the special benefits. Second, the court found that the City had failed to record the basis for the assessment on its own parcels. COMPLIANCE WITH CURRENT LAW This Engineer's Report is consistent with the SVTA decision and with the requirements of Article XIIIC and XIIID of the California Constitution because the Improvements to be funded are clearly defined; the benefiting property in the District enjoys close and unique proximity, access and views to the Improvements; the Improvements serve as an extension of usable land area for benefiting properties in the District and such special benefits provide a direct advantage to property in the District that is not enjoyed by the public at large or other property. This Engineer's Report is consistent with Beutz, Dahms and Greater Golden Hill because the Improvements will directly benefit property in the District and the general benefits have been explicitly calculated and quantified and excluded from the Assessments. The Engineer's Report is consistent with Bonander because the Assessments have been apportioned based on the overall cost of the Improvements and Services proportional special benefit to each property, rather than the proportional cost to the District to provide the Improvements to specific properties. CITY OF DIAMOND BAR ffilw�- LANDSCAPING ASSESSMENT DISTRICT No. 39S-mC lConsultilngGroup ENGINEER'S REPORT, FISCAL YEAR 2015-16 PAGE 9 PLANS & SPECIFICATIONS The City maintains landscaping and other improvements in locations within the District's boundaries. The work and improvements to be undertaken by Landscaping Assessment District No. 39, ("District"), and the cost thereof paid from the levy of the annual Assessment provide special benefit to Assessor Parcels within the District as defined in the Method of Assessment herein. In addition to the definitions provided by the Landscaping and Lighting Act of 1972 (the "Act"), the work and improvements are generally described as mini -parks, slopes and open space areas within the District. The Assessment Diagram shows the location and extent of the Improvements to be installed, maintained or serviced by the proceeds from this Assessment District. Installation, maintenance and servicing of Improvements, may include, but are not limited to, turf and play areas, landscaping, ground cover, shrubs and trees, irrigation systems, sidewalks, parking lots, drainage systems, lighting, fencing, entry monuments, basketball courts, tennis courts, other recreational facilities, security patrols to protect the Improvements, graffiti removal and repainting, and labor, materials, supplies, utilities and equipment, as applicable, at each of the locations owned, operated or maintained by the District. As applied herein, "Installation" means the construction of Improvements, including, but not limited to, land preparation (such as grading, leveling, cutting and filling), sod, landscaping, irrigation systems, walkways and drainage, lights, playground equipment, play courts, playing fields, recreational facilities and public restrooms. "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 improvement; providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury; the removal of trimmings, rubbish, debris, and other solid waste, and the cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti. "Servicing" means the furnishing of electric current, or energy, gas or other illuminating agent for any public lighting facilities or for the lighting or operation of any other improvements; or water for the irrigation of any landscaping, the operation of any fountains, or the maintenance of any other improvements. Incidental expenses include all of the following: (a) The costs of preparation of the report, including plans, specifications, estimates, diagram, and assessment; (b) the costs of printing, advertising, and the giving of published, posted, and mailed notices; (c) compensation payable to the County for collection of assessments; (d) compensation of any engineer or attorney employed to render services in proceedings pursuant to this part; (e) any other expenses incidental to the construction, installation, or maintenance and servicing CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT N0.39 SSC lConsultilngGroup ENGINEER'S REPORT, FISCAL YEAR 2015-16 PAGE 10 of the Improvements; (f) any expenses incidental to the issuance of bonds or notes pursuant to Streets & Highways Code Section 22662.5; and (g) costs associated with any elections held for the approval of a new or increased assessment (Streets & Highways Code §22526). Modifications to the District structure could include, but are not limited to, substantial changes or expansion of the Improvements provided, substantial changes in the service provided, modifications or restructuring of the District including annexation or detachment of specific parcels, revisions in the method of apportionment, or proposed new or increased assessments. The assessment proceeds will be exclusively used for Improvements within the District plus incidental expenses. CITY OF DIAMOND BARlwp�= LANDSCAPING ASSESSMENT DISTRICT No. 39 SCIConsultingGroup ENGINEER'S REPORT, FISCAL YEAR 2015-16 PAGE 11 FISCAL YEAR 2015-16 BUDGET The 1972 Act provides that the total costs for providing the maintenance and servicing of the District Improvements and facilities can be recovered in the assessment spread including incidental expenses. The latter can include engineering fees, legal fees, printing, mailing, postage, publishing and all other costs identified with the District proceedings. An estimate of District costs for fiscal year 2015-16 for the maintenance and servicing of the Improvements is provided below. Expenditure Item Salaries& Benefits Operating Expenses Advertising Utilities Maintenance of Grounds/Buildings Professional Services Contract Services Landscape Maintenance Tree Maintenance Weed/Pest Abatement Capital Improvements Reserve for Future Capital Improvements Estimated Expenditures Direct Benefit Assessments FY 2015/16 General Fund Contribution Estimated Revenues Budget Allocation to Parcels Total Assessment Budgee Total Assessable Parcels Assessment per Parcel Amount $ 19,395 57000 90,300 17,100 51500 CITY OF DIAMOND BAR- LANDSCAPING ASSESSMENT DISTRICT N0.39 � - ENGINEER'S REPORT, FISCAL YEAR 2015-16 139,332 5,155 17,000 0 0 $ 298,782 Amount $ 295,236 37546 $ 298,782 Amount $ 295,236 1,251 $ 236.00 CITY OF DIAMOND BAR- LANDSCAPING ASSESSMENT DISTRICT N0.39 � - ENGINEER'S REPORT, FISCAL YEAR 2015-16 PAGE 12 Notes to Estimate of Costs: A. The Act requires that proceeds from the assessments must be deposited into a special fund that has been set up for the revenues and expenditures of the District. Moreover, funds raised by the assessment shall be used only for the purposes stated within this Report. Any balance remaining at the .end of the Fiscal Year, June 30, must be carried over to the next Fiscal Year. The District may also establish a reserve fund for contingencies and special projects as well as a capital improvement fund for accumulating funds for larger capital improvement projects or capital renovation needs. Any remaining balance would either be placed in the reserve fund, the capital improvement fund, or would be used to reduce future years' assessments. CITY OF DIAMOND BAR - LANDSCAPING ASSESSMENT DISTRICT N0.39 IS C lConsultlinqGroup ENGINEER'S REPORT, FISCAL YEAR 2015-16 PAGE 13 METHOD OF ASSESSMENT APPORTIONMENT This section of the Engineer's Report explains the benefits to be derived from the Improvements and the methodology used to apportion the total assessment to properties within the District. The District consists of certain assessor parcels within the boundaries as defined by the Assessment Diagram referenced in this report and the parcels identified by the Assessor Parcel Numbers listed with the levy roll. The parcel list includes all privately and publically owned parcels as shown. The method used for apportioning the Assessment is based upon the relative special benefits to be derived by the properties in the District over and above general benefits conferred on real property or to the public at large. The Assessment is apportioned to lots and parcels in proportion to the relative special benefit from the Improvements. The apportionment of special benefit is a two-step process: the first step is to identify the types of special benefit arising from the Improvements and the second step is to allocate the Assessments to property based on the estimated relative special benefit for each type of property. 39-vilm In summary, the Assessments can only be levied based on the special benefit to property. This benefit is received by property over and above any general benefits. With reference to the requirements for assessments, Section 22573 of the Landscaping and Lighting Act of 1972 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 benefits to be received by each such lot or parcel from the 0 Improvements. ff Proposition 218, as codified in Article XIIID of the California Constitution, has confirmed that assessments must be based on the special benefit to property and that the value of the special benefits must exceed the cost of the assessment: 'No assessment shall be imposed on any parcel which exceeds the reasonable cost of the proportional special benefit conferred on that parcel. ff The following benefit categories summarize the types of special benefit to residential, commercial, industrial and other lots and parcels resulting from the Improvements to be provided with the assessment proceeds. These types of special benefit are summarized as follows: CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT N0.39 S%ClConsultilngGroup ENGINEER'S REPORT, FISCAL YEAR 2015-16 PAGE 14 A. Proximity to Improved Landscaped Areas and Other Public Improvements within the District. B. Access to Improved landscaped areas and Other Public Improvements within the District. C. Improved Views within the District. D. Extension of a property's outdoor areas and green spaces for properties within close proximity to the Improvements. E. Safety and Security within the District F. Creation of individual lots for residential and commercial use that, in absence of the Assessments, would not have been created. In this case, the recent SVTA v. SCCOSA decision provides enhanced clarity to the definitions of special benefits to properties from similar improvements in three distinct areas: • Proximity • Expanded or improved access • Views The SVTA v, SCCOSA decision also clarifies that a special benefit is a service or improvement that provides a direct advantage to a parcel and that indirect or derivative advantages resulting from the overall public benefits from a service or improvement are general benefits. The SVTA v. SCCOSA decision also provides specific guidance that park improvements are a direct advantage and special benefit to property that is proximate to a park that is improved by an assessment: The characterization of a benefit may depend on whether the parcel receives a direct advantage from the improvement (e.g. proximity to a park) or receives an indirect, derivative advantage resulting from the overall public benefits of the improvement (e.g, general enhancement of the district's property values). Proximity, improved access and views, in addition to the other special benefits listed herein further strengthen the basis of these assessments. Moreover, the Dahms decision further clarified that certain services and improvements funded by assessments, that are over and above what otherwise would be provided and that other property in general and the public do not share or receive are 100% special benefit. The assessment -funded services upheld by Dahms included streetscape maintenance and security services. I The District was formed by a different engineer of record. From the original Engineer's Report, the primary special benefits on landscaping are as set forth below: CITY OF DIAMOND BAR 01 LANDSCAPING ASSESSMENT DISTRICT N0.39 S- C[ConsultilngGroup ENGINEER'S REPORT, FISCAL YEAR 2015-16 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. 4. The enhancement of the value of property which results from the foregoing benefits. I In addition, SCI assessment engineers have identified the following special benefits: 1! 1 :1 allya 11! ,� Only the specific properties within close proximity to the Improvements are included in the District. The District has been narrowly drawn to include the properties that receive special benefits from the Improvements. Therefore, property in the District enjoys unique and valuable proximity and access to the Improvements that the public at large and property outside the District do not share. In absence of the Assessments, the Improvements would not be provided and the public improvements funded in the District would be degraded due to insufficient funding for maintenance, upkeep and repair. Therefore, the Assessments provide Improvements that are over and above what otherwise would be provided. Improvements that are over and above what otherwise would be provided do not by themselves translate into special benefits but when combined with the unique proximity and access enjoyed by parcels in the District, they provide a direct advantage and special benefit to property in the District. Since the parcels in the District are nearly the only parcels that enjoy close access to the Improvements, they directly benefit from the unique close access to improved landscaping areas and other public improvements that are provided by the Assessments. This is a direct advantage and special benefit to property in the District. The City, by maintaining permanent public improvements funded by the Assessments in the District, provides improved views to properties in the District. The properties in the District enjoy close and unique proximity, access and views of the specific Improvements funded in the District; therefore, the improved and protected views provided by the Assessments are another direct and tangible advantage that is uniquely conferred upon property in the District. 1 From the Engineer's Report, Update of Assessment District No. 39, Fiscal Year 2014-15, City of Diamond Bar, dated June 3, 2014 CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT No. 39 SC[ConsultiingGroup ENGINEER'S REPORT, FISCAL YEAR 2015-16 E)CFENSION OF A PROPERTY'S OUTDOOR AREAS AND GREEN SPACES FOR PROPERTIES WITHIN CLOSE PRO)(IMITY TO THE IMPROVEMENTS In large part because it is cost prohibitive to provide large open land areas on property in the District, the residential, commercial and other benefiting properties in the District do not have large outdoor areas and green spaces. The Improvements within the District provide additional outdoor areas that serve as an effective extension of the land area for proximate properties because the Improvements are uniquely proximate and accessible to property in close proximity to the Improvements. The Improvements, therefore, provide an important, valuable and desirable extension of usable land area for the direct advantage and special benefit of properties in the District because such properties have uniquely good and close proximity to the Improvements. I 111111111i i � 1 1 11111 rmm� li�! 1 111 i1i I Ili I, Jr:W**c]: I The City, through proper installation, maintenance and servicing of permanent public improvements funded by the Assessments in the District, provides increased security and safety by preventing crime and suppressing fire. For parks and recreation Improvements, proper lighting and well -kept landscapes help to deter crime and vandalism. Other landscaped area activities such as slope maintenance and brush clearing provide critical fire suppression. CREATION OF INDIVIDUAL LOTS FOR RESIDENTIAL AND COMMERCIAL USET , IN ABSENCE OF THE ASSESSMENTS, WOULD NOT HAVE BEEN CREATED In most of the District, the original owner/developer(s) of the property within the District agreed unanimously to the Assessments. The Assessments provide the necessary funding for public improvements that were required as a condition of development and subdivision approval. Therefore, such Assessments allowed the original property to be subdivided and for development of the parcels to occur. As parcels were sold, -new owners were informed of the Assessments through the title reports, and in some cases, through Department of Real Estate "White Paper" reports that the parcels were subject to assessment. Purchase of property was also an "agreement" to pay the Assessment. Therefore, in absence of the Assessments, the lots within most of the District would not have been created. These parcels, and the improvements that were constructed on the parcels, receive direct advantage and special benefit from the Assessments. GENERAL VERSUS SPECIAL BENEFIT Article XIIIC of the California Constitution requires any local agency proposing to increase or impose a benefit assessment to "separate the general benefits from the special benefits conferred on a parcel." The rationale for separating special and general benefits is to ensure that property owners subject to the benefit assessment are not paying for general benefits. An assessment can fund special benefits but cannot fund general benefits. Accordingly, a separate estimate of the special and general benefit is given in this section. In other words: CITY OF DIAMOND BAR 4W LANDSCAPING ASSESSMENT DISTRICT N0.39 SCIConsultlinqGroup ENGINEER'S REPORT, FISCAL YEAR 2015-16 I PAGE 17 Total General + Special Benefit Benefit Benefit There is no widely -accepted or statutory formula for general benefit. General benefits are benefits from improvements or services that are not special in nature, are not ('particular and distinct" and are not "over and above" benefits received by other properties. SVTA vs. SCCOSA provides some clarification by indicating that general benefits provide "an indirect, derivative advantage" and are not necessarily proximate to the improvements. In this Report, the general benefit is liberally estimated and described, and then budgeted so that it is funded by sources other than the Assessment. The starting point for evaluating general and special benefits is the current, baseline level of service. The Assessment will fund Improvements "over and above" this general, baseline level and the general benefits estimated in this section are over and above the baseline. A formula to estimate the general benefit is listed below: Benefit to Real General Property Outside + Benefit the Assessment District Benefit to Real Property Inside the Benefit to Assessment District + the Public that is Indirect and at Large Derivative Special benefit, on the other hand, is defined in the state constitution as "a particular and distinct benefit over and above general benefits conferred on real property located in the district or to the public at large." The SVTA v. SCCOSA decision indicates that, a special benefit is conferred to a property if it "receives a direct advantage from the improvement (e.g., proximity to a park)." In these Assessments, as noted, properties in the District have close and unique proximity, views and access to the Improvements and uniquely improved desirability from the Improvements and other properties and the public at large do not receive significant benefits because they do not have proximity, access or views of the Improvements. Therefore, the overwhelming proportion of the benefits conferred to property is special, and is only minimally received by property outside the Districts or the public at large. iq�Iiii 111 11 In this section, the general benefit from landscaping and other types of Improvements is liberally estimated and described, and then budgeted so that it is funded by sources other than the Assessment. CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT No. 39 SCIConsultilngGroup ENGINEER'S REPORT, FISCAL YEAR 2015-16 PAGE 18 Properties within the District receive almost all of the special benefits from the Improvements because properties in the District enjoy unique close proximity and access to the Improvements that is not enjoyed by other properties or the public at large. However, certain properties within the proximity/access radius of the Improvements, but outside of the boundaries of the District, may receive some benefit from the Improvements. Since this benefit is conferred to properties outside the District boundaries, it contributes to the overall general benefit calculation and will not be funded by the Assessments. The general benefit to property outside of the District is calculated with the parcel and data analysis performed by SCI Consulting Group. Since certain properties outside the District enjoy close proximity and access to the Improvements cannot be assessed by the District, this is a form of general benefit to other property. There are eight parcels outside the District that lie within a half mile travel distance of one of mini -parks within the District. In addition, there are 79 parcels outside the District that are directly adjacent to areas where brush clearing activity is performed by the District. The benefits conferred to these properties do not include the Lot Creation benefit factor, therefore the benefit is reduced by half. The general benefit to property outside of the District is calculated as follows. ASSUMPTIONS: * 87 parcels outside the District N 1,251 parcels in the District * 50% Benefit Factor CALCULATION: General Benefit to property outside the District 87/(87+1,251) x 50% = 3.25% BENEFIT TO PROPERTY INSIDETHE ASSESSMENT DISTRICTS THAT is INDIRECTAND DERIVA TIVE The "indirect and derivative" benefit to property within the District is particularly difficult to calculate. A solid argument can be presented that all benefit within the District is special, because the other Improvements are clearly "over and above" and "particular and distinct" when compared with the baseline level of service and the unique proximity, access and views of the other Improvements enjoyed by benefiting properties in the District. Nevertheless, the SVTA vs. SCCOSA decision indicates there may be general benefit "conferred on real property located in the district" A measure of the general benefits to property within the Assessment area is the percentage of land area within or directly abutting the District that is publicly owned and used for regional purposes such as regional parks, major roads, rail lines and other regional facilities because such properties used for regional purposes could provide indirect benefits to the public at large. Approximately 1.51% of the. land area in the District is used for such regional purposes, so this is a measure of the general benefits to property within the District. CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT No. 39 SC[ConsultilngGroup ENGINEER'S REPORT, FISCAL YEAR 2015-16 PAGE 19 The general benefit to the public at large can be estimated by the proportionate amount of time that the District's Improvements are used and enjoyed by individuals who are not residents, employees, customers or property owners in the District. There are two ways in which the public at large can enjoy the improvements, with each counting for half of the general benefit: use of parks, and pass -by trips where landscaped areas can be viewed. In the case of the mini -parks that serve primarily the neighborhood, City staff estimate that approximately 10% of the users do not live, work or own property in the District. The general landscape improvements are typically along slopes and open space areas, out of view of the general public; no general benefit is conferred for views of landscaping. Finally, the general benefits conferred to the public at large does not include the benefit of lot creation, so this benefit is further reduced by half. Therefore we find that ((50% of 10%) x 50% _) 2.50% of the benefits from the Improvements are general benefits to the public at large. TOTAL GENERAL BENEFITS Using a sum of these three measures of general benefit, we find that approximately 7.26% of the benefits conferred by the Improvements may be general in nature and should be funded by sources other than the assessment. 3.25% (Outside the District) + 1.51% (Property within the District) + 2.50% (Public at Large) 7.26% (Total General Benefit) Although this analysis finds that 7.26% of the assessment may provide general benefits from the Improvements, the Assessment Engineer establishes a requirement for a minimum contribution from sources other than the assessments of 8%. This minimum contribution above the measure of general benefits will serve to provide additional coverage for any other general benefits. q 111 1 I 1111:410 -MI I This general benefit cannot be funded from the Assessments; it must be funded from other sources such as the City's General Fund or other non -District funds. These contributions can also be in the form of in -lieu contributions to the installation and maintenance of the Improvements such as other City assets that support and protect the Improvements. The City of Diamond Bar will contribute both monetary and in -lieu resources to ensure that the general benefits conferred by the proposed Improvements are not funded by the District's Assessments. A summary and quantification of these other contributions from the City is discussed below: CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT No. 39 SC lConsultiingGroup ENGINEER'S REPORT, FISCAL YEAR 2015-16 PAGE 20 The City of Diamond Bar owns, maintains, rehabilitates and replaces curb and gutter along the border of the District Improvements. This curb and gutter serves to support, contain, retain, manage irrigation flow and growth, and provide a boundary for the Improvements. The contribution from the City towards general benefit from the maintenance, rehabilitation, and replacement of the curb and gutter is conservatively estimated to be 5%. The City owns and maintains a storm drainage system along the border of the District Improvements. This system serves to prevent flooding and 'associated damage to the Improvements, and manage urban runoff including local pollutants loading from the Improvements. The contribution from the City towards general benefit from the maintenance, and operation of the local storm drainage system is conservatively estimated to be 5%. The City owns and maintains local public streets along the border of the District Improvements. These public streets provide access to the Improvements for its enjoyment as well as efficient maintenance. The contribution from the City towards general benefit from the maintenance of local public streets is conservatively estimated to be 5%. The value of the construction of the improvements can be quantified and monetized as an annuity. Since this construction was performed and paid for by non -assessment funds, this i(annuity)) can be used to offset general benefit costs, and is conservatively estimated to contribute 10%. The total General Benefit is liberally quantified at 8% which is entirely offset by the conservatively quantified total non -assessment contribution towards general benefit described above of 25%. Therefore, no additional General Benefit must be funded by the City. The development of an Assessment methodology requires apportioning to determine the relative special benefit for each property. As the District was formed by a different engineer of record, the precise language from the most recent Engineer's Report is included below: 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 Impro vements, 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 on landscaping are as set forth Belo w.- CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT No. 39 S-ClConsultingGroup ENGINEER'S REPORT, FISCAL YEAR 2015-16 PAGE 21 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 3 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. The 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 assessment2 111��!! III 11� PENN 111111-i� I I I For fiscal year 2015-16 the amount of Assessments for the District is estimated to be $236.00. While this is an increase, it is not higher than the original assessment set at the time of the 1985 District formation, which assessment was approved by and pursuant to a petition signed by the property owners who owned all of the parcels at the time the District was formed. Pursuant to the Landscaping and Lighting Act of 1972 as amended in 2000 to conform to Articles XIIIC and XIIID of the California Constitution, a majority protest process is required for any annual assessment that is increased from any previous year as defined in Government Code Section 54954.6. Subsection 54954.6(a) (1) (C) provides that the term ((new or increased assessment" does not include "an ongoing annual assessment if it is imposed at the same or lower amount as any previous year." Because the assessment is being imposed in the same amount as in a previous year, it is not subject to the majority protest procedure. In addition, Article XIIID, section 5, of the California Constitution, exempts from the majority protest procedure any assessment which was imposed pursuant to a petition signed by persons owning all of the parcels subject to the assessment at the time the assessment was initially imposed. The $236 per parcel assessment was imposed pursuant to such a petition when the District was first formed and assessments were initially imposed The District was formed or annexed in previous years. It is proposed that the Assessments be continued every year after their formation or annexation, so long as the public Improvements need to be maintained and improved, and the City requires funding from the Assessments for these Improvements in the District. As noted previously, ously, the Assessment can continue to be levied annually after the City Council approves an annually updated Engineer's Report, budget for the Assessment, Improvements to be provided, and other specifies of the Assessment. In addition, the City Council must hold an annual public hearing to continue the Assessment. 2 From the Engineer's Report, Update of Assessment District No. 39, Fiscal Year 2014-15, City of Diamond Bar, dated June 3, 2014 CITY OF DIAMOND BAR go! =-�- LANDSCAPING ASSESSMENT DISTRICT N0.39 SC[ConsulltilngGroup ENGINEER'S REPORT, FISCAL YEAR 2015-16 PAGE 22 Any property owner who feels that the Assessment levied on the subject property is in error as a result of incorrect information being used to apply the foregoing method of assessment may file a written appeal with the City of Diamond Bar City Administrator or his or her designee. Any such appeal is limited to correction of an Assessment during the then -current Fiscal Year and applicable law. Upon the filing of any such appeal, the City Administrator or his or her designee will promptly review the appeal. and any information provided by the property owner. If the City Administrator or his or her designee finds that the Assessment should be modified, the appropriate changes shall be made to the Assessment Roll. If any such changes are approved after the Assessment Roll has been filed with the County for collection, the City Administrator or his or her designee is authorized to refund to the property owner the amount of any approved reduction. Any dispute over the decision of the City Administrator or his or her designee shall be referred to the Diamond Bar City Council, and the decision of the City Council shall be final. The net available Assessment funds, after incidental, administrative, financing and other costs shall be expended exclusively for Improvements within the boundaries of the District or as described herein, and appropriate incidental and administrative costs as defined in the Plans and Specifications section. CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT N0.39 c-SCIConsultingGroup ENGINEER'S REPORT, FISCAL YEAR 2015-16 ASSESSMENT PAGE 23 WHEREAS, the City of Diamond Bar directed the undersigned engineer of Work to prepare and file a report presenting an estimate of costs, a Diagram for the District and an assessment of the estimated costs of the Improvements upon all assessable parcels within the District; Now, THEREFORE, the undersigned, by virtue of the power vested in me under the Act, Article XIIID of the California Constitution, and the order of the City of Diamond Bar City Council, hereby makes the following Assessment to cover the portion of the estimated cost of the Improvements, and the costs and expenses incidental thereto to be paid by the District. The amount to be paid for said Improvements and the expense incidental thereto, to be paid by the District for the Fiscal Year 2015-16 is generally as follows: uwwww Ili L I I Salaries & Benefits $ 19,395 Operating Expenses & Services 279,387 Capital Expenses 0 Total for Services 298,782 Less General Fund Contribution (37546) Less Other Revenue 0 Net Amount to Assessments $ 295,236 As required by the Act, an Assessment Diagram of the District is hereto attached and incorporated herein by reference. The distinctive number of each parcel or lot of land in the District is its Assessor Parcel Number appearing on the Assessment Roll, I do hereby assess and apportion the net amount of the cost and expenses of the Improvements, including the costs and expenses incident thereto, upon the parcels and lots of land within the District, in accordance with the special benefits to be received by each parcel or lot, from the Improvements, and more particularly set forth in the Estimate of Cost and Method of Assessment in the Report. The Assessment is made upon the parcels or lots of land within the District in proportion to the special benefits to be received by the parcels or lots of land, from the Improvements. CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT N0.39 SCIConsulltilngGroup ENGINEER'S REPORT, FISCAL YEAR 2015-16 PAGE 24 Each parcel or lot of land is described in the Assessment Roll by reference to its parcel number as shown on the Assessor's Maps of the County of Los Angeles for the Fiscal Year 2015-16. For a more particular description of the property, reference is hereby made to the deeds and maps on file and of record in the office of the County Recorder of the County. I hereby will place opposite the Assessor Parcel Number for each parcel or lot within the Assessment Roll, the amount of the assessment for the Fiscal Year 2015-16 for each parcel or lot of land within the District. Dated: May 13, 2015 ESS/pN W lop% C 0 LIJ C 52091 M EXR 12-31-16 vtk� �OF C -0 - Engineer of Work By Joh W. Bliss, License No. C052091 CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT N0.39 SSCIConsultilngGroup ENGINEER'S REPORT, FISCAL YEAR 2015-16 PAGE 25 ASSESSMENT DIAGRAM The District boundary and the parcels to be assessed in Landscaping Assessment District No. 39 are shown on the Assessment Diagram, which is on file with the City Clerk of the City of Diamond Bar, and includes all those properties included in the original formation of the District and subsequent annexations. The following Assessment Diagram is for general location only and is not to be considered the official boundary map. The lines and dimensions of each lot or parcel within the District are those lines and dimensions as shown on the maps of the Assessor of the County of Los Angeles, for Fiscal Year 2015-16, and are incorporated herein by reference, and made a part of this Diagram and this Report. CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT N0.39 SC[ConsultiingGroup ENGINEER'S REPORT, FISCAL YEAR 2015-16 PAGE 26 CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT N0.39 ENGINEER'S REPORT, FISCAL YEAR 2015-16 ASSESSMENT ROLL An Assessment Roll (a listing of all parcels assessed within the District and the amount of the Assessment) will be filed with the City Clerk and is, by reference, made part of this Report and is available for public inspection during normal office hours at the City Hall at 21810 Copley Drive, 2nd floor, Diamond Bar, California 91765. Each lot or parcel listed on the Assessment Roll is shown and illustrated on the latest County Assessor records and these records are, by reference, made part of this Report. These records shall govern for all details concerning the description of the lots or parcels. CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT N0.39 ENGINEER'S REPORT, FISCAL YEAR 2015-16 ;s Agenda 4 7. 1 (c) Meeting Date: May 19, 2015 TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Man ge TITLE: ADOPT RESOLUTION NO. 2015- X LEVYING AN ASSESSMENT ON CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 41 FOR FISCAL YEAR 2015-2016 111, 111 i I I F!''I"a*11• ... ]��i � I 1� � : � � i, Nflem 4 I I'' � I W13 "s FINANCIAL SUMMARY: The District 41 levy rate of $220.50 per parcel will generate $122,157 in assessment revenu The assessment rate remains the same as the rate applied at the date of Diamond Ba 11 r incorporation. There are not sufficient funds collected to maintain and improve the District without utilizing the General Fund. For FY 2015-167 $86,372 of the General Fund will pay for the operation and maintenance costs in District 41. The assessment revenues shall be deposited in Special Revenue Landscape Fund 141 and shall apply toward the 2015-16 operation and maintenance budget. The total annual budget of the District is $213,529. The itemized budget for District 41 is included in the attached Engineer's Report on Page 11. The landscaping improvements to be maintained by District 41 are the slopes and open spac areas within the Assessment Diagram as shown on page 26 of the Engineer's Report. Thi reflects a total maintenance area of 15.6 acres. The maintenance and servicing of publ" landscaping improvements installed and constructed in public places in the City provides special benefit which is received by each and every lot or parcel within the District, tending t enhance their value. The estimated number of parcels within the District is 554 parcels. Thl amount assessed •• the lands within District No. 41 for Fiscal Year 2014-2015 wa $220.50 per parcel. I This proposed assessment has been determined to be exempt from the provisions of Proposition 218 as set • in Section • Any assessment imposed • to a petition signed by the persons owning all of the parcels subject to the assessments at the time the assessment is initially imposed. IAN I F kate Prepared: May 11, 2015 Attachments: Resolution No. 2015 -XX Engineer's Report dated May 2015 A RESOLUTION LEVYING AN ASSESSMENT ON CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 41 FOR THE FISCAL YEAR 2015-16. A. RECITALS. (i) By its Resolution No. 2015-13, this Council approved a report of the Engineer of Work related to City of Diamond Bar Assessment District No. 41 prepared pursuant to California Streets and Highways Code Section 22623, described the improvements thereon and gave notice of and fixed the time and place of the hearing on the question of assessment thereon for fiscal year 2015-16. A diagram of the area encompassed by said assessment district is attached hereto as Exhibit "A-3." (ii) Said hearing was duly and properly noticed, commenced in the Auditorium located at the AQMD/Government Center, 21865 Copley Drive, Diamond Bar, California on May 19, 2015, and was concluded prior to the adoption of this Resolution. (iii) All legal prerequisites to the adoption of this Resolution have occurred. NOW, THEREFORE, the City Council of the City of Diamond Bar does hereby find, � I •. 0 6 .1 1 . The Recitals, as set forth in Part A of this Resolution, are in all respects trug 2. This Council hereby expressly overrules any and all protests filed objecting to the proposed improvements specified herein or the assessment levied therefore. 3. Based upon its review of the report of the Engineer of Work referred to - I iereinabove, and other reports and information, the City Council hereby finds that (i) the and within the said District will be benefitted by the improvements specified in said repor� 0 (ii) said District includes all of the lands so benefitted, and (iii) the net amount to be assessed upon the lands within said District for the 2015-16 fiscal year, in accordance with said report, is apportioned by a formula and method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements 4. The improvements specified in the report hereinabove referred to which is on it with the City Clerk of the City of Diamond Bar are hereby ordered to be completed. 5. The assessment diagram contained in the report referred to hereinabove and the assessment of $220.50 for each assessable lot located within said District are hereby adopted and confirmed and said assessment hereby is levied for the 2015-16 fiscal year. 6. The assessment is in compliance with the provisions of the Act, and the City Council has complied with all laws pertaining to the levy of an annual assessment pursuant to the Act. The assessment is levied for the purpose of paying the costs and expenses of the improvements described in the report referred to hereinabove for fiscal year 2015-16. 7. The City Treasurer shall deposit all moneys representing assessments collected by the County to the credit of a special fund for use in City of Diamond Bar Assessment District No. 41. 8. The City Clerk is hereby authorized and directed to file the diagram and assessment with the County Auditor, together with a certified copy of this Resolution upon its adoption. 9. A certified copy of the assessment and diagram shall be filed in the office of the City Clerk and open for public inspection. 10. The City Clerk shall certify to the adoption of this Resolution. 2 ADOPTED AND APPROVED this day of Steve Tye, Mayor 1, TOMMYE A. 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 • • the City • Diamond Bar held • the • ay • AYES: NOES: ABSENT: ABSTAINED: �, 2015, by the following Roll Call vote: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: ATTEST: Tommye A. Cribbins, City Clerk City of Diamond Bar 9 EXHIBIT "A -3's ASSESSMENT DIAGRAM ASSESSMENT . DISTRICT N 0. FISCAL YEAR 2015-2016 FOR THE CITY OF DIAMOND + R ORO= saw wa wpao m&V= of orawe on 'a Wipp as As aMus a air lfffigm=mw r rr�i Liam aa�°�°ns m on'rioi a , ,. , FISCAL YEAR 2015-16 PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972, GOVERNMENT CODE AND ARTICLE, X111D OF THE CALIFORNIA CONSTITUTION • (THIS PAGE INTENTIONALLY LEFT BLANK PAGE CITY OF DIAMOND BAR Steve Tye, Mayor Nancy A. Lyons, Mayor Pro Tem Carol Herrera, Councilmember Jimmy Lin, Councilmember Jack Tanaka, Councilmember CITY MANAGER James DeStefano PUBLIC WoRKs DIRECTOR / CITY ENGINEER David Liu COMMUNITY EVICS DIRECTOR Bob Rose CiTYATTORNEY David DeBerry ENGINEER OF WORK SCI Consulting Group CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT N0.41 a ENGINEER'S REPORT, FISCAL YEAR 2015-16 PAGE II (THIS PAGE INTENTIONALLY LEFT BLANK CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT N0.41 ENGINEER'S REPORT, FISCAL YEAR 2015-16 TABLE OF CONTENTS OVERVIEW...................................................................................................................... 5 ENGINEER'S REPORT AND CONTINUATION OFASSESSMENTS .............................................. 5 METHOD OF ASSESSMENT APPORTIONMENT .... 13 METHOD OFAPPORTIONMENT ........................................................................................ 13 DISCUSSIONOFBENEFIT ................................................................................................ 13 SPECIALBENEFIT .............................................................. ~-....... ...... ...... .... -... 14 GENERAL VERSUS SPECIAL BENEFIT ............................... .-----... .... -..... .... .16 BENEFITFINDING ........................................................................................................... 17 METHOD OF APPORTIONMENT -----------------------------.20 ANNUAL ASSESSMENT CALCULATION ....... --...... --.... ----... ... ----.... 21 DURATION OFASSESSMENT ........................................................................................... 21 APPEALS OFASSESSMENTS LEVIED TOPROPERTY .-------------------.21 ASSESSMENT FUNDS MUST BE EXPENDED WITHIN THE DISTRICT AREA ............................. 22 CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT No. 41 SC[ConsulltilnugGroup PAGE IV LIST OF TABLES TABLE 1 - FY 2015-16 ESTIMATE OF COSTS ......................................................................... 11 TABLE 2 - FY 2015-16 SUMMARY COST ESTIMATE FOR LANDSCAPING ASSESSMENT DISTRICT No. 41 .............................................................................................................................. 23 CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT N0.41 SC[ConsultiingGroup ENGINEER'S REPORT, FISCAL YEAR 2015-16 INTRODUCTION OVERVIEW The City of Diamond Bar (the "City") services and maintains mini -parks, slopes and open space areas and other improvements ("Improvements") in the Diamond Bar High Country area of the City. In order to fund the maintenance and operation ("Services") of these projects and improvements, Landscaping Assessment District No. 41 ("District") was formed in 1985 by the County of Los Angeles prior to the incorporation of the City of Diamond Bar. Upon incorporation in 1989, the City assumed jurisdiction over the District. This Engineer's Report ("Report") was prepared to establish the budget for the Improvements (as described below) that will be funded by the 2015-16 assessments and other revenue, and to determine the general and special benefits received from the Improvements by property within the District and the method of assessment apportionment to lots and parcels. This Report and the assessments have been made pursuant to the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code (the "Act") and Article XIIID of the California Constitution (the "Article"). ENGINEER'S REPORT AND CONTINUATION OF ASSESSMENTS The assessments have been continued for 30 years. In each subsequent year for which the assessments will be continued, the Diamond Bar City Council (the "Council") must direct the preparation of an Engineer's Report, budgets, and proposed assessments for the upcoming fiscal year. After the report is completed, the City Council may preliminarily approve the Engineer's Report and the continued assessments and establish the date for a public hearing on the continuation of the assessments. Accordingly, this Engineer's Report (the "Report") was prepared pursuant to the direction of the City Council. As required by the Act, this Report includes plans and specifications, a diagram or map of the District, the benefits received by property from the Improvements within the District, and the method of assessment apportionment to lots and parcels within the District. If the Council approves this Engineer's Report and the continuation of the Assessments by resolution, a notice of public hearing must be published in a local newspaper at least 10 days prior to the date of the public hearing. The resolution preliminarily approving the Engineer's Report and establishing the date for a public hearing is typically used for this notice. Following the minimum 10 -day time period after publishing the notice, a public hearing is held for the purpose of allowing public testimony about the proposed continuation of the Assessments. This hearing is currently scheduled for May 19,_ 2015. At this hearing, the Council will consider approval of a resolution confirming the continuation of the Assessments for fiscal year 2015-16. If so confirmed and approved, the Assessments would be submitted to the Los Angeles County Auditor/Controller for inclusion on the property tax rolls for fiscal year 2015-16. CITY OF DIAMOND BAR LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT N0.41 S C., I C o n s u I tol n g G ro u p ENGINEER'S REPORT, FISCAL YEAR 2015-16 PAGE 6 Beginning in 2015, SCI Consulting Group became the Assessment Engineer for the District. To maintain an accurate reference and legally defensible record of the District, pertinent language used in previous engineer's reports has been retained herein and is cited in italics as appropriate. LEGISLAWE ANALYSIS PROPOSITION 218 The Right to Vote on Taxes Act was approved by the voters of California on November 6, 1996, and is now Article XIIIC and XIIID of the California Constitution. Proposition 218 provides for benefit assessments to be levied to fund the cost of providing services and improvements, as well as maintenance and operation expenses to a public improvement which benefits the assessed property. SILICON VALLEY TAXPAYERS ASSOCIATION, INC. V SANTA CLARA COUNTY OPEN SPACE AUTHORITY (2008) 44 CAL. 4TH 431 In July of 2008, the California Supreme Court issued its ruling on the Silicon Valley Taxpayers Association,, Inc. v Santa Clara County Open Space Authority ("SVTA"). This ruling is significant in that the Court clarified how Proposition 218 made changes to the determination of special benefit, The Court also found that: • Benefit assessments are for special, not general, benefit • The services and/or improvements funded by assessments must be clearly defined • Special benefits are directly received by and provide a direct advantage to property in the Improvement District • The assessment paid by property should be proportional to the special benefits it receives from the Improvements This Engineer's Report and the process used to establish the continuation of the assessments for fiscal year 2015-16 are consistent with the SVTA decision and with the requirements of Article XIIIC and XIIID of the California Constitution based on the following factors: 1. The District is drawn to include the entire City; although only parcels deriving special benefits are included in the assessment rolls. Thus, zones of benefit are not required and the assessment revenue derived from real property in the District is expended only on the Improvements in the District. 2. The Improvements which are constructed and maintained with assessment proceeds in the District are located in close proximity to the real property subject to the assessment. The Improvements provide landscaping and other services to the residents of such assessed property. The proximity of the Improvements to the assessed parcels provides a special benefit to the parcel being assessed pursuant to the factors outlined by the Supreme Court in that decision. CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT N0.41 SC[ConsultiingGroup ENGINEER'S REPORT, FISCAL YEAR 2015-16 PAGE 7 3. Due to their proximity to the assessed parcels, the Improvements financed with assessment revenues in the District benefit the properties in that District in a manner different in kind from the benefit that other parcels,,of real property in the City derive from such Improvements, and the benefits conferred on such property in the District are more extensive than a general increase in property values. 4. The assessments paid in the District are proportional to the special benefit that each parcel within that Assessment District receives from the Improvements because: a. The specific landscaping Improvements and maintenance and utility costs thereof in the District are specified in this Report; and b. Such Improvement and maintenance costs in the District are allocated among different types of property located within the District, and equally among those properties which have similar characteristics, such as single-family residential parcels, multi -family residential parcels, commercial parcels, industrial parcels, etc. DAHMS v. DOWNTOWN POMONA PROPERTY (2009)174 CAL. App. 4TH 708 In Dahms v Downtown Pomona Propelty("Dahm§) the Court upheld an assessment that was 100% special benefit (i.e. 0% general benefit) on the rationale that the services and improvements funded by the assessments were directly provided to property in the assessment district. The Court also upheld discounts and exemptions from the assessment for certain properties. BONANDERv. TOWN OF TIBURON .(2009) 180 CAL. App. 4TH 103 Bonanderv. Town of Tiburon ("Bonander), the 1st District Court of Appeal overturned a benefit assessment approved by property owners to pay for placing overhead utility lines underground in an area of the Town of Tiburon. The Court invalidated the assessments primarily on the grounds that the assessments had been apportioned to assessed property based on the costs within sub -areas of the assessment district instead of the overall cost of the improvements and the overall proportional special benefits. B EUTZ V. COUNTY OF RIVERSIDE (2010)184 CAL. APP. 4TH 1516 Steven Beutz v County ofRiverside ("Beut,2') the Court overturned an assessment for park. maintenance in Wildomar, California, primarily because the general benefits associated with improvements and services were not explicitly calculated, quantified and separated from the special benefits. GOLDEN HILL NEIGHBORHOOD AssociATION V. CITY OF SAN DIEGO (2011) 199App. 4TH 416 On September 22, 2011, the San Diego Court of Appeal issued a decision on the Golden Hill Neighborhood Association v. City of San Diego appeal. This decision overturned an assessment for 'street and landscaping maintenance in the Greater Golden Hill neighborhood of San Diego, California. The court described two primary reasons for its decision. First, like in Beutz, the court found the general benefits associated with services CITY OF DIAMOND BAR101 LANDSCAPING ASSESSMENT DISTRICT N0.41 SsClConsultiingGroup ENGINEER'S REPORT, FISCAL YEAR 2015-16 PAGE 8 were not explicitly calculated, quantified and separated from the special benefits. Second, the court found that the City had failed to record the basis for the assessment on its own parcels. COMPLIANCE WITH CURRENT LAW This Engineer's Report is consistent with the SVTA decision and with the requirements of Article XIIIC and XIIID of the California Constitution because the Improvements to be funded are clearly defined; the benefiting property in the District enjoys close and unique proximity, access and views to the Improvements; the Improvements serve as an extension of usable land area for benefiting properties in the District and such special benefits provide a direct advantage to property in the District that is not enjoyed by the public at large or other property. This Engineer's Report is consistent with Beutz, Dahms and Great& Golden Hill because the Improvements will directly benefit property in the District and the general benefits have been explicitly calculated and quantified and excluded from the Assessments. The Engineer's Report is consistent with Bonander because the Assessments have been apportioned based on the overall cost of the Improvements and Services proportional special benefit to each property, rather than the proportional cost to the District to provide the Improvements to specific properties. CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT N0.41 SClConsultilngGroup ENGINEER'S REPORT, FISCAL YEAR 2015-16 PAGE 9 PLANS & SPECIFICATIONS The City maintains landscaping and other improvements in locations within the District's boundaries. The work and improvements to be undertaken by Landscaping Assessment District No. 41, ("District"), and the cost thereof paid from the levy of the annual Assessment provide special benefit to Assessor Parcels within the District as defined in the Method of Assessment herein. In addition to the definitions provided by the Landscaping and Lighting Act of 1972 (the "Act"), the work and improvements are generally described as mini -parks, slopes and open space areas within the District. The Assessment Diagram shows the location and extent of the Improvements to be installed, maintained or serviced by the proceeds from this Assessment District. Installation, maintenance and servicing of Improvements, may include, but are not limited to, turf and play areas, landscaping, ground cover, shrubs and trees, irrigation systems, sidewalks, drainage systems, lighting, fencing, security patrols to protect the Improvements, graffiti removal and repainting, and labor, materials, supplies, utilities and equipment, as applicable, at each of the locations owned, operated or maintained by the District. As applied herein, "Installation" means the construction of Improvements, including, but not limited to, land preparation (such as grading, leveling, cutting and filling), sod, landscaping, irrigation systems, walkways and drainage, lights, playground equipment, play courts, playing fields, recreational facilities and public restrooms. "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 improvement; providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury; the removal of trimmings, rubbish, debris, and other solid waste, and the cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti. "Servicing" means the furnishing of electric current, or energy, gas or other illuminating agent for any public lighting facilities or for the lighting or operation of any other improvements; or water for the irrigation of any landscaping, the operation of any fountains, or the maintenance of any other improvements. Incidental expenses include all of the following: (a) The costs of preparation of the report, including plans, specifications, estimates, diagram, and assessment; (b) the costs of printing, advertising, and the giving of published, posted, and mailed notices; (c) compensation payable to the County for collection of assessments; (d) compensation of any engineer or attorney employed to render services in proceedings pursuant to this part; (e) any other expenses incidental to the construction, installation, or maintenance and servicing of the Improvements; (f) any expenses incidental to the issuance of bonds or notes pursuant CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT N0.41 SCIConsultingGroup ENGINEER'S REPORT, FISCAL YEAR 2015-16 PAGE 10 to Streets & Highways Code Section 22662.5; and (g) costs associated with any elections held for the approval of a new or increased assessment (Streets & Highways Code §22526). Modifications to the District structure could include, but are not limited to, substantial changes or expansion of the Improvements provided, substantial changes in the service provided, modifications or restructuring of the District including annexation or detachment of specific parcels, revisions in the method of apportionment, or proposed new or increased assessments. The assessment proceeds will be exclusively used for Improvements within the District plus incidental expenses. CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT No. 41 53PCIConsultingGroup ENGINEER'S REPORT, FISCAL YEAR 2015-16 PAGE 11 FISCAL YEAR 2015-16 ESTIMATE OF COST AND BUDGET BUDGET FOR FISCAL YEAR 2015-16 The 1972 Act provides that the total costs for providing the maintenance and servicing of the District Improvements and facilities can be recovered in the assessment spread including incidental expenses. The latter can include engineering fees, legal fees, printing, mailing, postage, publishing and all other costs identified with the District proceedings. An estimate of District costs for fiscal year 2015-16 for the maintenance and servicing of the Improvements is provided below. TABLE 1 - FY 2015-16 ESTIMATE OF COSTS Expenditure Item Amount Salaries & Benefits $ 16,529 Operating Expenses Advertising 5,000 Utilities 57,600 Maintenance of Grounds/Buildings 17,000 Professional Services 5,500 Contract Services Landscape Maintenance 49,800 Tree Maintenance 17,900 Weed/Pest Abatement 44,200 Capital Improvements 0 Reserve for Future Capital Improvements 0 Estimated Expenditures $ 2137529 Revenue Item Amount Direct Benefit Assessments FY 2015/16 $ 122,157 General Fund Contribution 861372 Prop A Contribution 5,000 Estimated Revenues $ 213,529 Budget Allocation to Parcels Amount Total Assessment BudgetA $ 122,157 Total Assessable Parcels 554 Assessment per Parcel $ 220.50 CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT N0.41 -%C [Con sulltingG roup ENGINEER'S REPORT, FISCAL YEAR 2015-16 PAGE 12 Notes to Estimate of Costs: A. The Act requires that proceeds from the assessments must be deposited into a special fund that has been set up for the revenues and expenditures of the District. Moreover, funds raised by the assessment shall be used only for the purposes stated within this Report. Any balance remaining at the end of the Fiscal Year, June 30, must be carried over to the next Fiscal Year. The District may also establish a reserve fund for contingencies and special projects as well as a capital improvement fund for accumulating funds for larger capital improvement projects or capital renovation needs. Any remaining balance would either be placed in the reserve fund, the capital improvement fund, or would be used to reduce future years' assessments. CITY OF DIAMOND BAR — LANDSCAPING ASSESSMENT DISTRICT N0.41 SaClConsultilngGroup ENGINEER'S REPORT, FISCAL YEAR 2015-16 PAGE 13 METHOD OF ASSESSMENT APPORTIONMENT This section of the Engineer's Report explains the benefits to be derived from the Improvements and the methodology used to apportion the total assessment to properties within the District. The District consists of certain assessor parcels within the boundaries as defined by the Assessment Diagram referenced in this report and the parcels identified by the Assessor Parcel Numbers listed with the levy roll. The parcel list includes all privately and publically owned parcels as shown. The method used for apportioning the Assessment is based upon the relative special benefits to be derived by the properties in the District over and above general benefits conferred on real property or to the public at large. The Assessment is apportioned to lots and parcels in proportion to the relative special benefit from the Improvements. The apportionment of special benefit is a two-step process: the first step is to identify the types of special benefit arising from the Improvements and the second step is to allocate the Assessments to property based on the estimated relative special benefit for each type of property. In summary, the Assessments can only be levied based on the special benefit to property. This benefit is received by property over and above any general benefits. With reference to the requirements for assessments, Section 22573 of the Landscaping and Lighting Act of 1972 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 benefits to be received by each such lot or parcel from the improvements. ff Proposition 218, as codified in Article XIIID of the California Constitution, has confirmed that assessments must be based on the special benefit to property and that the value of the special benefits must exceed the cost of the assessment: 'No assessment shall be imposed on any parcel which exceeds the reasonable cost of the propoltional special benefit conferred on that parcel. if The following benefit categories summarize the types of special benefit to residential, commercial, industrial and other lots and parcels resulting from the Improvements to be provided with the assessment proceeds. These types of special benefit are summarized as follows: CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT No. 41 SCIConsultilngGroup ENGINEER'S REPORT, FISCAL YEAR 2015-16 PAGE 14 A. Proximity to Improved Landscaped Areas and Other Public Improvements within the District, B. Access to Improved landscaped areas and Other Public Improvements within the District. C. Improved Views within the District. D. Extension of a property's outdoor areas and green spaces for properties within close proximity to the Improvements. E. Safety and Security within the District F. Creation of individual lots for residential and commercial use that, in absence of the Assessments, would not have been created. In this case, the recent SVTA v. SCCOSA decision provides enhanced clarity to the definitions of special benefits to properties from similar improvements in three distinct areas: • Proximity • Expanded or improved access • Views The SVTA v. SCCOSA decision also clarifies that a special benefit is a service or improvement that provides a direct advantage to a parcel and that indirect or derivative advantages resulting from the overall public benefits from a service or improvement are general benefits. The SVTA v. SCCOSA decision also provides specific guidance that park improvements are a direct advantage and special benefit to property that is proximate to a park that is improved by an assessment: The characterization of a benefit may depend on whether the parcel receives a direct advantage from the improvement (e.g. proximity to a park) ei indirect, derivative advantage resultingfrom the overall or receives an in , public benefits of the improvement (e.g, general enhancement of the district's properly values). Proximity, improved access and views, in addition to the other special benefits listed herein further strengthen the basis of these assessments. Moreover, the Dahms decision further clarified that certain services and improvements funded by assessments, that are over and above what otherwise would be provided and that other property in general and the public do not share or receive are 100% special benefit. The assessment -funded services upheld by Dahms included streetscape maintenance and security services. The District was formed by a different engineer of record. From the original Engineer's Report, the primary special benefits on landscaping are as set forth below: CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT N0.41 SCIConsultiingGroup ENGINEER'S REPORT, FISCAL YEAR 2015-16 PAGE 15 1.Beauffilcation 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. 4. The enhancement of the value of property which results from the foregoing benefits. I 'n addition, SCI assessment engineers have identified the following special benefits: I I im��i 11111110S.11:4MI Only the specific properties within close proximity to the Improvements are included in the District. The District has been narrowly drawn to include the properties that receive special benefits from the Improvements. Therefore, property in the District enjoys unique and valuable proximity and access to the Improvements that the public at large and property outside the District do not share. In absence of the Assessments, the Improvements would not be provided and the public improvements funded in the District would be degraded due to insufficient funding for maintenance, upkeep and repair. Therefore, the Assessments provide Improvements that are over and above what otherwise would be provided. Improvements that are over and above what otherwise would be provided do not by themselves translate into special benefits but when combined with the unique proximity and access enjoyed by parcels in the District, they provide a direct advantage and special benefit to property in the District. 11111p IN Since the parcels in the District are nearly the only parcels that enjoy close access to the Improvements, they directly benefit from the unique close access to improved landscaping areas and other public improvements that are provided by the Assessments. This is a direct advantage and special benefit to property in the District. ill 11 116019061 The City, by maintaining permanent public improvements funded by the Assessments in the District, provides improved views to properties in the District. The properties in the District enjoy close and unique proximity, access and views of the specific Improvements funded in the District; therefore, the improved and protected views provided by the Assessments are another direct and tangible advantage that is uniquely conferred upon property in the District, 1 From the Engineer's Report, Update of Assessment District No. 41, Fiscal Year 2014-15, City of Diamond Bar, dated June 3, 2014 CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT No. 41 SPCIConsultilngGroup ENGINEER'S REPORT, FISCAL YEAR 2015-16 PAGE 16 EXTENSION OF A PROPERTY S OUTDOOR AREAS AND GREEN SPACES FOR PROPERTIES WITHIN CLOSE PRO)(IMITY TO THE IMPROVEMENTS In large part because it is cost prohibitive to provide large open land areas on property in the District, the residential, commercial and other benefiting properties in the District do not have large outdoor areas and green spaces. The Improvements within the District provide additional outdoor areas that serve as an effective extension of the land area for proximate properties because the Improvements are uniquely proximate and accessible to property in close proximity to the Improvements. The Improvements, therefore, provide an important, valuable and desirable extension of usable land area for the direct advantage and special benefit of properties in the District because such properties have uniquely good and close proximity to the Improvements. The City, through proper installation, maintenance and servicing of permanent public improvements funded by the Assessments in the District, provides increased security and safety by preventing crime and suppressing fire. For parks and recreation Improvements, proper lighting and well -kept landscapes help to deter crime and vandalism. Other landscaped area activities such as slope maintenance and brush clearing provide critical fire suppression. CREATION OF INDIVIDUAL LOTS FOR RESIDENTIAL AND COMMERCIAL USET , IN ABSENCE OF THE ASSESSMENTS, WOULD NOT HAVE BEEN CREATED In most of the District, the original owner/developer(s) of the property within the District agreed unanimously to the Assessments. The Assessments provide the necessary funding for public improvements that were required as a condition of development and subdivision approval. Therefore, such Assessments allowed the original property to be subdivided and for development of the parcels to occur. As parcels were sold, new owners were informed of the Assessments through the title reports, and in some cases, through Department of Real Estate "White Paper' reports that the parcels were subject to assessment. Purchase of property was also an "agreement" to pay the Assessment. Therefore, in absence of the Assessments, the lots within most of the District would not have been created. These parcels, and the improvements that were constructed on the parcels, receive direct advantage and special benefit from the Assessments. GENERAL VERSUS SPECIAL BENEFIT Article XIIIC of the California Constitution requires any local agency proposing to increase or impose a benefit assessment to "separate the general benefits from the special benefits conferred on a parcel." The rationale for separating special and general benefits is to ensure that property owners subject to the benefit assessment are not paying for general benefits. An assessment can fund special benefits but cannot fund general benefits. Accordingly, a -- separate estimate of the special and general benefit is given in this section. = Ka Vne mo CITY OF DIAMOND BAR W_MW_M0WWM__ MNW9NN=d_M11�" .-OM aw LANDSCAPING ASSESSMENT DISTRICT N0.41 SCIConsultilnqGroup ENGINEER'S REPORT, FISCAL YEAR 2015-16 PAGE 17 Total General + Special Benefit Benefit Benefit There is no widely -accepted or statutory formula for general benefit. General benefits are benefits from improvements or services that are not special in nature, are not "particular and distinct" and are not "over and above" benefits received by other properties. SVTA vs. SCCOSA provides some clarification by indicating that general benefits provide "an indirect, derivative advantage" and are not necessarily proximate to the improvements. In this Report, the general benefit is liberally estimated and described, and then budgeted so that it is funded by sources other than the Assessment. The starting point for evaluating general and special benefits is the current, baseline level of service. The Assessment will fund Improvements "over and above" this general, baseline level and the general benefits estimated in this section are over and above the baseline. A formula to estimate the general benefit is listed below: Benefit to Real General Property Outside + Benefit the Assessment District 'Benefit to Real Property Inside the Benefit to Assessment District + the Public that is Indirect and at Large Derivative Special benefit, on the other hand, is defined in the state constitution as Ila particular and distinct benefit over and above general benefits conferred on real property located in the district or to the public at large." The SVTA v. SCCOSA decision indicates that a special benefit is conferred to a property if it "receives a direct advantage from the improvement (e.g., proximity to a park)." In these Assessments, as noted, properties in the District have close and unique proximity, views and access to the Improvements and uniquely improved desirability from the Improvements and other properties and the public at large do not receive significant benefits because they do not have proximity, access or views of the Improvements. Therefore, the overwhelming proportion of the benefits conferred to property is special, and is only minimally received by property outside the Districts or the public at large. •qIii • 11111 In this section, the general benefit from landscaping and other types of Improvements is liberally estimated and described, and then budgeted so that it is funded by sources other than the Assessment. CITY OF DIAMOND BAR ON LANDSCAPING ASSESSMENT DISTRICT N0.41 SC[ConsultinqGroup ENGINEER'S REPORT, FISCAL YEAR 2015-16 PAGE 18 Properties within the District receive almost all of the special benefits from the Improvements because properties in the District enjoy unique close proximity and access to the Improvements that is not enjoyed by other properties or the public at large. However, certain properties within the proximity/access radius of the Improvements, but outside of the boundaries of the District, may receive some benefit from the Improvements. Since this benefit is conferred to properties outside the District boundaries, it contributes to the overall general benefit calculation and will not be funded by the Assessments. The general benefit to property outside of the District is calculated with the parcel and data analysis performed by SCI Consulting Group. Since certain properties outside the District enjoy close proximity and access to the Improvements cannot be assessed by the District, this is a form of general benefit to other property. There are 23 parcels outside the District that are directly adjacent to areas where slopes are maintained by the District. The benefits conferred to these properties do not include the Lot Creation benefit factor, therefore the benefit is reduced by half. The general benefit to property outside of the District is calculated as follows. ASSUMPTIONS: 0 23 parcels outside the District E 554 parcels in the District 0 50% Benefit Factor CALCULATION: General Benefit to property outside the District 23/(23+ 554) x 50% =1.99% BENEFIT TO PROPERTY INSIDETHE ASSESSMENT DISTRI ' CTS THAT IS INDIRECTAND DERIVATIVE The "indirect and derivative" benefit to property within the District is particularly difficult to calculate. A solid argument can be presented that all benefit within the District is special, because the other Improvements are clearly "over and above" and "particular and distinct" when compared with the baseline level of service and the unique proximity, access and views of the other Improvements enjoyed by benefiting properties in the District. Nevertheless, the SVTA vs. SCCOSA decision indicates there may be general benefit "conferred on real property located in the district" A measure of the general benefits to property within the Assessment area is the percentage of land area within or directly abutting the District that is publicly owned and used for regional purposes such as regional parks, major roads, rail lines and other regional facilities because such properties used for regional purposes could provide indirect benefits to the public at large. The District boundaries are narrowly drawn to include only the residential areas within the neighborhood, and there are no regional facilities within the District. Therefore, the indirect and derivative general benefits to property within the District are zero. CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT N0.41 SC[ConsultingGroup ENGINEER'S REPORT, FISCAL YEAR 2015-16 PAGE 19 ■ The general benefit to the public at large can be estimated by the proportionate amount of time that the District's Improvements are used and enjoyed by individuals who are not residents, employees, customers or property owners in the District. It should be noted that these Improvements do not attract the public at large in the same was as park improvements, and they confer far less benefit to the public at large than do similar park improvements. In essence, the public does not visit an area to enjoy slope improvements in the same way as they may visit a park. However, certain slopes maintained by the District may provide some enhancement to views enjoyed by the public as they drive past. Approximately 25% of the slopes and linear green areas maintained by the District lie along arterial roadways that carry a high percentage of traffic not associated with people who are not residents or property owners within the District. While there are not statistics available as to what percentage of pass -by vehicle trips are by non-residents or non -property owners, a liberal factor of 90% is assumed. Finally, of all the types of benefits conferred by the Improvements, passersby only benefit from views, which are estimated at 10% of the total benefits. Therefore we find that ((90% of 25%) x 10% _) 2.25% of the benefits from the Improvements are general benefits to the public at large, x9evi Using a sum of these three measures of general benefit, we find that approximately 4.24% of the benefits conferred by the Improvements may be general in nature and should be funded by sources other than the assessment. 1.99% (Outside the District) + 0% (Property within the District) + 2.25% (Public at Large) 4.24% (Total General Benefit) Although this analysis finds that 4.24% of the assessment may provide general benefits from the Improvements, the Assessment Engineer establishes a requirement for a minimum contribution from sources other than the assessments of 5%. This minimum contribution above the measure of general benefits will serve to provide additional coverage for any other general benefits. This general benefit cannot be funded from the Assessments; it must be funded from other sources such as the City's General Fund or other non -District funds. These contributions can also be in the form of in -lieu contributions to the installation and maintenance of the Improvements such as other City assets that support and protect the Improvements. The City of, Diamond Bar will contribute both monetary and in -lieu resources to ensure that the CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT N0.41 SICIConsultingGroup ENGINEER'S REPORT, FISCAL YEAR 2015-16 general benefits conferred by the proposed Improvements are not funded by the District's Assessments. A summary and quantification of these other contributions from the City is discussed below: The City of Diamond Bar owns, maintains, rehabilitates and replaces curb and gutter along the border of the District Improvements. This curb and gutter serves to support, contain, retain, manage irrigation flow and growth, and provide a boundary for the Improvements. The contribution from the City towards general benefit from the maintenance, rehabilitation, and replacement of the curb and gutter is conservatively estimated to be 5%. The City owns and maintains a storm drainage system along the border of the District Improvements. This system serves to prevent flooding and associated damage to the Improvements, and manage urban runoff including local pollutants loading from the Improvements. The contribution from the City towards general benefit from the maintenance, and operation of the local storm drainage system is conservatively estimated to be 5%. The City owns and maintains local public streets along the border of the District Improvements, These public streets provide access to the Improvements for its enjoyment as well as efficient maintenance. The contribution from the City towards general benefit from the maintenance of local public streets is conservatively estimated to be 5%. The value of the construction of the improvements can be quantified and monetized as an annuity. Since this construction was performed and paid for by non -assessment funds, this "annuity" can be used to offset general benefit costs, and is conservatively estimated to contribute 10%. The total General Benefit is liberally quantified at 8% which is entirely offset by the conservatively quantified total non -assessment contribution towards general benefit described above of 25%. Therefore, no additional General Benefit must be funded by the City. IT, :Lei a I Lei MMM The development of an Assessment methodology requires apportioning to determine the relative special benefit for each property. As the District was formed by a different engineer of record, the precise language from the most recent Engineer's Report is included below: 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 Impro vements, namely the maintenance tenance and servicing of public landscaping improvements within such District, aln The maintenance and servicing of public landscaping improvements installed and constructed in public places in the City of Diamond Bar provides a special benefit CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT N0.41 SCIConsultiinqGroup ENGINEER'S REPORT, FISCAL YEAR 2015-16 PAGE 21 which is received by each and every lot or parcel within the District, tending to enhance their value. The primary benefits on landscaping are as set forth Belo w- 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. 3. A sense of community pride resulting from well-maintained green spaces, 4. The enhancement of the value of property which results from the foregoing benefts. The 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 assessment2 For fiscal year 2015-16 the amount of Assessments for the District is not increased from prior years. The estimated assessment per parcel is $220.50. M*11, The District was formed or annexed in previous years. It is proposed that the Assessments be continued every year after their formation or annexation, so long as the, public Improvements need to be maintained and improved, and the City requires funding from the Assessments for these Improvements in the District. As noted previously, the Assessment can continue to be levied annually after the City Council approves an annually updated Engineer's Report, budget for the Assessment, Improvements to be provided, and other specifics of the Assessment. In addition, the City Council must hold an annual public hearing to continue the Assessment. IN id;M61VA III I lay 61*16-1 Any property owner who feels that the Assessment levied on the subject property is in error as a result of incorrect information being used to apply the foregoing method of assessment may file a written appeal with the City of Diamond Bar City Administrator or his or her designee. Any such appeal is limited to correction of an Assessment during the then -current Fiscal Year and applicable law. Upon the filing of any such appeal, the City Administrator or his or her designee will promptly review the appeal and any information provided by the property owner. If the City Administrator or his or her designee finds that the Assessment should be modified, the appropriate changes shall be made to the Assessment Roll. If any 2From the Engineer's Report, Update of Assessment District No. 41, Fiscal Year 2014-15, City of Diamond Bar, dated June 3, 2014 CITY OF DIAMOND BAR 1W_0WW5_,W_ LANDSCAPING ASSESSMENT DISTRICT N0.41 SCIConsulltlingGroup ENGINEER'S REPORT, FISCAL YEAR 2015-16 PAGE 22 such changes are approved after the Assessment Roll has been filed with the County for collection, the City Administrator or his or her designee is authorized to refund to the property owner the amount of any approved reduction. Any dispute over the. decision of the City Administrator or his or her designee shall be referred to the Diamond Bar City Council, and the decision of the City Council shall be final. � 1111111111 i 1 11 1'!! 1 11 11 '1 1 14 1 The net available Assessment funds, after incidental, administrative, financing and other costs shall be expended exclusively for Improvements within the boundaries of the District or as described herein, and appropriate incidental and administrative costs as defined in the Plans and Specifications section. CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT N0.41 SC [Con sultingG roup ENGINEER'S REPORT, FISCAL YEAR 2015-16 ASSESSMENT PAGE 23 WHEREAS, the City of Diamond Bar directed the undersigned engineer of Work to prepare and file a report presenting an estimate of costs, a Diagram for the District and an assessment of the estimated costs of the Improvements upon all assessable parcels within the District; Now, THEREFORE, the undersigned, by virtue of the power vested in me under the Act, Article XIIID of the California Constitution, and the order of the City of Diamond Bar City Council, hereby makes the following Assessment to cover the portion of the estimated cost of the Improvements, and the costs and expenses incidental thereto to be paid by the District. The amount to be paid for said Improvements and the expense incidental thereto, to be paid by the District for the Fiscal Year 2015-16 is generally as follows: Salaries & Benefits $ 16,529 Operating Expenses & Services 197,000 Capital Expenses 0 Total for Services 2137529 Less General Fund Contribution (86,372) Less Other Revenue (Prop A) (51000) Net Amount to Assessments $ 122,157 As required by the Act, an Assessment Diagram of the District is hereto attached and incorporated herein by reference. The distinctive number of each parcel or lot of land in the District is its Assessor Parcel Number appearing on the Assessment Roll. I do hereby assess and apportion the net amount of the cost and expenses of the Improvements, including the costs and expenses incident thereto, upon the parcels and lots of land within the District, in accordance with the *special benefits to be received by each parcel or lot, from the Improvements, and more particularly set forth in the Estimate of Cost and Method of Assessment in the Report, The Assessment is made upon the parcels or lots of land within the District in proportion to the special benefits to be received by the parcels or lots of land, from the Improvements. CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT N0.41 SC[ConsultifngGroup ENGINEER'S REPORT, FISCAL YEAR 2015-16 PAGE 24 Each parcel or lot of land is described in the Assessment Roll by reference to its parcel number as shown on the Assessor's Maps of the County of Los Angeles for the Fiscal Year 2015-16. For a more particular description of the property, reference is hereby made to the deeds and maps on file and of record in the office of the County Recorder of the County. I hereby will place opposite the Assessor Parcel Number for each parcel or lot within the Assessment Roll, the amount of the assessment for the Fiscal Year 2015-16 for each parcel or lot of land within the District. Dated: May 13, 2015 OQ�pF V ���o�N L& C 52091 U rn W X & EXR 12-31-16 'AJj' dX ,�L,Clvlv- OF C CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT No. 41 ENGINEER'S REPORT, FISCAL YEAR 2015-16 Engineer of Work By Joh w. Bliss, License No. C052091 PAGE 25 ASSESSMENT DIAGRAM The District boundary and the parcels to be assessed in Landscaping Assessment District No. 39 are shown on the Assessment Diagram, which is on file with the City Clerk of the City of Diamond Bar, and includes all those properties included in the original formation of the District and subsequent annexations. The following Assessment Diagram is for general location only and is not to be considered the official boundary map. The lines and dimensions of each lot or parcel within the District are those lines and dimensions as shown on the maps of the Assessor of the County of Los Angeles, for Fiscal Year 2015-16, and are incorporated herein by reference, and made a part of this Diagram and this Report. CITY OF DIAMOND BAR - LANDSCAPING ASSESSMENT DISTRICT N0.41 SIC [Con sultingGroup ENGINEER'S REPORT, FISCAL YEAR 2015-16 PAGE 26 CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT N0.41 SClConsultilngGroup ENGINEER'S REPORT, FISCAL YEAR 2015-16 r% AGE ASSESSMENT ROLL An Assessment Roll (a listing of all parcels assessed within the District and the amount of the Assessment) will be filed with the City Clerk and is, by reference, made part of this Report and is available for public inspection during normal office hours at the City Hall at 21810 Copley Drive, 2nd floor, Diamond Bar, California 91765. Each lot or parcel listed on the Assessment Roll is shown and illustrated on the latest County Assessor records and these records are, by reference, made part of this Report. These records shall govern for all details concerning the description of the lots or parcels. CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT No. 41 ENGINEER'S REPORT, FISCAL YEAR 2015-16 TO: CITY CLERK DATE: ATE: ADDRESS: PHONE: qq � D � �� ORGANIZATION: �C,� AGENDA#/SUBJECT: Q F,7t-r C__' C-40 i� I expect to address the Council on the subject agenda/subject item. Please have the Council Minutes reflect my name and address as written above. Signature This document is a public record subject to disclosu're under the Public Records Act. 'IT OF 14.. I I i. s'�9e VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: FROM: ADDRESS: ORGANIZATION: AGE NDA#/SUBJECT: CITY CLERK DATE: S7, A �'PHONE:�`U V I expect to address the Council on the subject agenda/subject item. Please have the Council Minutes reflect my name and address as written above. Signature This document is apublic record subject to disclosure under the Public Records Act. VOLUNTARY REQUEST TO ADDRESS THE CITY'COUNCIL TO: CITY CLERK FROM: j � ' � � DATE: ADDRESS: PHONE: ORGANIZATION: AGENDA#/SUBJECT: I expect to address the Council on the subject agenda/sub'ect it lease have the Council Minutes reflect my name and address as written above. S ature This .document is a public record subject to disclosure under the Public Records Act. --