HomeMy WebLinkAbout040417 - Agenda - Regular Meeting
City Council Agenda
Tuesday, April 4, 2017
6:30 PM
The Government Center
South Coast Air Quality Management District/
Main Auditorium
21865 Copley Drive, Diamond Bar, CA 91765
JIMMY LIN
Mayor
RUTH M. LOW
Mayor Pro Tem
CAROL HERRERA
Council Member
NANCY A. LYONS
Council Member
STEVE TYE
Council Member
City Manager James DeStefano • City Attorney David DeBerry • 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 h ave 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.CityofDiamondBar.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.
DIAMOND BAR CITY COUNCIL MEETING RULES
Welcome to the meeting of the Diamond Bar City Council. Meetings are open to the public and
are broadcast live on Time-Warner Cable Channel 3 and Verizon FiOS television Channel 47.
You are invited to attend and participate.
PUBLIC INPUT
Members of the public may address the Council on any item of business on the agenda during
the time the item is taken up by the Council. In addition, members of the public may, during the
Public Comment period address the Council on any Consent Calendar item or any matter not on
the agenda and within the Council’s subject matter jurisdiction. Persons wishing to speak
should submit a speaker slip to the City Clerk. Any material to be submitted to the City Council
at the meeting should be submitted through the City Clerk.
Speakers are limited to five minutes per agenda item, unless the Mayor determines otherwise.
The Mayor may adjust this time limit depending on the number of people wishing to speak, the
complexity of the matter, the length of the agenda, the hour and any other relevant
consideration. Speakers may address the Council only once on an agenda item, except during
public hearings, when the applicant/appellant may be afforded a rebuttal.
Public comments must be directed to the City Council. Behavior that disrupts the orderly
conduct of the meeting may result in the speaker being removed from the Council chambers.
INFORMATION RELATING TO AGENDAS AND ACTIONS OF THE COUNCIL
Agendas for regular City Council meetings are available 72 hours prior to the meeting and are
posted in the City’s regular posting locations, on DBTV Channel 3, Time-Warner Cable Channel
3, FiOS television Channel 47 and on the City’s website at www.ci.diamond-bar.ca.us. A full
agenda packet is available for review during the meeting, in the foyer just outside the Council
chambers. The City Council may take action on any item listed on the agenda.
ACCOMMODATIONS FOR THE DISABLED
A cordless microphone is available for those persons with mobility impairments who cannot
access the podium in order to make a public comment. Sign language interpretation is available
by providing the City Clerk three business days’ notice in advance of a meeting. Please
telephone (909) 839-7010 between 7:30 a.m. and 5:30 p.m. Monday through Thursday and 7:30
a.m. to 5:30 p.m. on Fridays.
HELPFUL PHONE NUMBERS
Copies of agendas, rules of the Council, Cassette/Video tapes of meetings: (909) 839-7010
Computer access to agendas: www.ci.diamond-bar.ca.us
General information: (909) 839-7000
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.
THIS MEETING IS BEING BROADCAST LIVE FOR VIEWING ON TIME-
WARNER CABLE CHANNEL 3 AND FRONTIER 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
April 04, 2017
STUDY SESSION: 5:30 p.m., Room CC-8
PARKS & RECREATION REVENUE MEASURE UPDATE - DISCUSSION AND
ACTION.
SR57/SR60 CONFLUENCE, SUPPLEMENTAL NEEDS STUDY- DISCUSSION
AND ACTION
PUBLIC COMMENTS:
CALL TO ORDER: 6:30 p.m.
PLEDGE OF ALLEGIANCE: Mayor
INVOCATION: Pastor James Price
Diamond Canyon Christian Church
ROLL CALL: Herrera, Lyons, Tye, Mayor Pro Tem
Low, Mayor Lin
APPROVAL OF AGENDA: Mayor
1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
Proclaiming SafetySeat USA Month for April, 2017.
Proclaiming DMV/Donate Life California Month for April, 2017.
APRIL 4, 2017 PAGE 2
Presentation of City Tile to Julie McCaslend, Children’s Librarian for the past 12
years at the Diamond Bar Library.
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 COMMENTS:
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 28th Annual City Birthday Party - April 8, 2017 - 11:00 a.m. - 5:00 p.m. -
Pantera Park, 738 Pantera Drive. Rides open until 6:00 p.m.
5.2 Planning Commission Meeting - April11, 2017 - 7:00 p.m., Windmill
Community Room, 21810 Copley Drive. (Cancelled).
5.3 Traffic and Transportation Commission - April 13, 2017 - 7:00 p.m.,
Windmill Community Room, Windmill Community Room, 21810 Copley
Room.
5.4 34th Annual Easter Egg Hunt - April 15, 2017 - 10:00 a.m., Pantera Park,
738 Pantera Drive.
5.5 City Council Meeting - April 18, 2017 - 6:30 p.m., AQMD/Auditorium, 21865
Copley Drive.
6. CONSENT CALENDAR:
APRIL 4, 2017 PAGE 3
6.1 WAIVE READING IN FULL FOR ALL ORDINANCES AND
RESOLUTIONS AND ADOPT THE CONSENT CALENDAR.
6.2 APPROVAL OF CITY COUNCIL MINUTES:
6.2.a Study Session of March 21, 2017.
6.2.b Regular Meeting of March 21, 2017.
Recommended Action: Approve.
Requested by: City Clerk
6.3 PARKS AND RECREATION COMMISSION MINUTES:
6.3.a Regular Meeting of September 22, 2016.
Recommended Action: Receive and file.
Requested by: Parks & Recreation Department
6.4 TRAFFIC AND TRANSPORTATION COMMISSION MINUTES:
6.4.a Regular Meeting of February 9, 2017
6.4.b Regular Meeting of January 12, 2017
Recommended Action: Receive and file.
Requested by: Public Works Department
6.5 RATIFICATION OF CHECK REGISTER DATED MARCH 16, 2017
THROUGH MARCH 29, 2017 TOTALING $ 1,298,428.16
Recommended Action: Ratify.
Requested by: Finance Department
6.6 TREASURER'S STATEMENT FOR FEBRUARY, 2017.
Recommended Action: Approve.
Requested by: Finance Department
6.7 APPROPRIATE $20,000.00 FROM THE BUILDING FACILITY &
MAINTENANCE FUND TO THE CAPITAL IMPROVEMENT FUND FOR
THE DIAMOND BAR CENTER ROOF REHABILITATION PROJECT
(25617); ADOPT RESOLUTION 2017-XX APPROVING THE
SPECIFICATIONS AND ESTABLISHING A PAYMENT ACCOUNT;
AWARD THE CONSTRUCTION CONTRACT TO DANNY LETNER INC.
DBA/LETNER ROOFING CO. IN THE AMOUNT OF $153,000.00 AND
AUTHORIZE A CONTINGENCY AMOUNT OF $4,500.00 (3% OF THE
TOTAL CONTRACT) FOR CONTRACT CHANGE ORDERS TO BE
APPROVED BY THE CITY MANAGER, FOR A TOTAL AUTHORIZATION
AMOUNT OF $157,500.00
Recommended Action: Appropriate, Adopt, Award and Authorize.
APRIL 4, 2017 PAGE 4
Requested by: Public Works Department
6.8 SECOND READING ORDINANCE 02 (2017) OF THE CITY OF
DIAMOND BAR AMENDING TITLE 10, BY ADDING SECTION 10.16.215
TO THE DIAMOND BAR MUNICIPAL CODE PROHIBITING THE
OVERNIGHT PARKING OF VEHICLES IN CITY-OWNED PARKING
LOTS
Recommended Action: Adopt
Requested by: City Manager
6.9 ADOPT RESOLUTION NOS. 2017-XX, 2017-XX, 2017-XX ORDERING
THE CITY ENGINEER TO PREPARE AND TO FILE A REPORT
RELATED TO MAINTENANCE OF IMPROVEMENTS IN THE CITY OF
DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NOS. 38, 39,
AND 41 AND ANY ASSESSMENT THEREON FOR FISCAL YEAR 2017-
18.
Recommended Action: Adopt.
Requested by: Public Works Department
6.10 AWARD A THREE-YEAR CONTRACT TO MARIPOSA LANDSCAPES,
INC. FOR PROFESSIONAL LANDSCAPE MAINTENANCE SERVICES
WITHIN LIGHTING AND LANDSCAPE MAINTENANCE DISTRICTS
(LLMDS) 38, 39 AND 41 IN THE NOT-TO-EXCEED ANNUAL AMOUNT
OF $366,576.
Recommended Action: Approve.
Requested by: Public Works Department
6.11 AWARD A THREE-YEAR CONTRACT TO BRIGHTVIEW LANDSCAPE
SERVICES FOR PROFESSIONAL LANDSCAPE MAINTENANCE
SERVICES WITHIN CITY PARKS IN THE NOT-TO-EXCEED ANNUAL
AMOUNT OF $459,156.
Recommended Action: Approve.
Requested by: Public Works Department
6.12 APPROVAL OF FY 2017-18 STRATEGIC PLAN
Recommended Action: Approve.
Requested by: City Manager
7. PUBLIC HEARINGS: NONE.
8. COUNCIL CONSIDERATION: NONE.
APRIL 4, 2017 PAGE 5
9. COUNCIL SUB-COMMITTEE REPORTS AND MEETING ATTENDANCE
REPORTS/COUNCIL MEMBER COMMENTS:
10. ADJOURNMENT:
Agenda #: 1
Meeting Date: April 4, 2017
CITY COUNCIL STUDY S ESSION REPORT
TO: Honorable Mayor and Members of the City Council
VIA: James DeStefano, City Manager
FROM: Ryan McLean, Assistant City Manager
TITLE: PARKS & RECREATION REVENUE MEASURE UPDATE - DISCUSSION
AND ACTION.
RECOMMENDATION:
Provide direction.
BACKGROUND:
In 2016, the City Council approved a professional services agreement with TBWB
(Fairbank, Maslin, Maulin, Metz & Associates/FM3) to provide polling and election
services for a potential revenue measure to generate funds to construct new and
renovate existing parks and recreation facilities in Diamond Bar. Polling was conducted
to determine voter support for local parks and recreation facilities and a revenue
measure that would increase property owner assessments to cover the improvements.
DISCUSSION:
The results of the polling, which included a scientific survey of likely Diamond Bar
voters, indicated that a parks & revenue measure did not have sufficient support to meet
the two-thirds majority required to pass. With support unlikely, the measure was not
brought forward for placement on the November 2016. Staff is now bringing the matter
forward to the City Council for final direction moving forward.
1
Packet Pg. 8
City Council Study Session
April 4, 2017
CITY OF DIAMOND BAR
2
Packet Pg. 9
History/Background
Confluence segment is in top 5 mostcongested freeway segments in LA/VenturaCounties, according to Caltrans.
Critical regional route for movement ofgoods from the ports.
More than 365,000 vehicles per day.
6th worst bottleneck in the nation, accordingto 2017 American Transportation ResearchInstitute.
#1 highest truck accident location inSouthern California
2
Packet Pg. 10
Existing Conditions – 6AM
2
Packet Pg. 11
Existing Conditions – 5PM
2
Packet Pg. 12
SR57/SR60 Components
2
Packet Pg. 13
SR57/SR60 Supplemental Study
Project Goals/Objectives
Review and Evaluate AdditionalConfluence Improvement Components
1.Update Travel Demand Model
2.Develop Future Traffic Volumes
3.Update Traffic Operations Model(VISSIM)
4.Quantify Transportation Benefits
5.Recommend Improvements for FutureStudy
2
Packet Pg. 14
SR57/SR60 Supplemental Study
Components
Component 1 - Providing direct freeway
connectors between SR 57 and SR 60 on the
northern end of the Confluence
Component 2 - Creating a direct connection from
westbound SR 60 to the Grand Avenue
interchange
Component 3 - Addressing HOV connections
between SR 57 and SR 60 on the southern end of
the Confluence
Component 4 - Extending the HOV facility on SR 57
through and north of the Confluence
2
Packet Pg. 15
SR57/SR60 Components
Component 1 - Providing direct freeway
connectors between SR 57 and SR 60 on the
northern end of the Confluence
Existing SB SR57 Off- Ramp location
Existing SB SR57 On-Ramp
Length of connector/require 2 lanes
Grade/Superelevation
2
Packet Pg. 16
SR57/SR60 Components
Component 2 - Creating a direct connection from
westbound SR60 to the Grand Avenue interchange
Match to current
Grand Ave ramp
improvements
Right of Way Grade/Superelevation
2
Packet Pg. 17
SR57/SR60 Components
Component 3 - Addressing HOV connections between
SR 57 and SR 60 on the southern end of the Confluence
Widening of mainline for HOV ramps
Elevation/superelevation
Component eliminated
from evaluation due to
screening based on
future traffic volumes
and preliminary
performance evaluation.
2
Packet Pg. 18
SR57/SR60 Components
Component 4 - Extending the HOV facility on SR 57
through and north of the Confluence
Widening of mainline for HOV ramps
Elevation of connector
2
Packet Pg. 19
Evaluation Criteria
Criteria to evaluate feasibility and
mobility benefits of improvements
Assess how well each component
relieves congestion, improve
circulation, safety, air quality
2
Packet Pg. 20
Final Component Evaluation
Results
New GP Fwy-
Fwy
Connectors
New Grand
Ave Drop
Ramp
HOV
Extension
Calculation Component 1 Component 2 Component 4
Change in vehicle miles traveled (change in vehicle
throughput)
Vehicle hours of delay
Savings in person hours traveled
Goods Movement
Improvement to level of service and/or travel
time
Change in average travel time (SOV, HOV, trucks) by
segment
Reduction in number of weaving maneuvers
Reduction in number of bottlenecks and improvements
in travel speed
Arterial Circulation Potential impact or improvement to traffic
circulation on arterials
LOS improvement and/or vehicle queue reduction at the
critical movements at ramp termini and key intersections
Safety Can the project potentially decrease accidents
Summarize accident rate along the freeways and
number of accidents on the local system, and evaluate
possible accident reduction based on proposed
geometric improvements and traffic volumes
Environmental
Sustainability
Does the project reduce greenhouse gas
emission GHG calculation using VMT measurement
Constructability Potential impacts to freeway structures
Number of ramps, bridges, soundwalls and other
structures affect construction (restriping or widening)
complexity and cost
Project Cost Benefit/Cost Analysis Methodology consistent with TIGER grant requirements
OVERALL EVALUATION SCORE
Freeway Operation
Improvement to system-wide traffic flow
Does the project reduce weavings and
bottlenecks
Criteria Definition
2
Packet Pg. 21
Final Recommendations
Local roadway and on/off ramp
improvements in-lieu of Component 1
improvements
PSR for Component 2 – Direct connector
ramp from WB SR60 to Grand Avenue
No further study of Component 4 (The
Long Term Regional Plan does not
contemplate HOV Lanes north on SR57)
2
Packet Pg. 22
Schedule/Next Steps
Analysis Completed – November 2016
Public Meeting #2 – April 4th 2017
Final Report – April 2017
Next Steps
Work with stakeholders (LA Metro,SCAG, Caltrans, etc.) to securefunding for additional studies,preliminary engineering,environmental, etc.
2
Packet Pg. 23
Agenda #: 6.1
Meeting Date: April 4, 2017
TO: Honorable Mayor and Members of the City Council
FROM: Tommye Cribbins, City Clerk
TITLE: WAIVE READING IN FULL FOR ALL ORDINANCES AND RESOLUTIONS
AND ADOPT THE CONSENT CALENDAR.
RECOMMENDATION:
Approve.
PREPARED BY:
6.1
Packet Pg. 24
Agenda #: 6.2
Meeting Date: April 4, 2017
TO: Honorable Mayor and Members of the City Council
FROM: James DeStefano, City Manager
TITLE: APPROVAL OF CITY COUNCIL MINUTES:
RECOMMENDATION:
Approve.
Attachments:
1. 6.2.a Study Session of March 21, 2017.
2. 6.2.b Regular Meeting of March 21, 2017.
6.2
Packet Pg. 25
CITY OF DIAMOND BAR
CITY COUNCIL STUDY SESSION
MARCH 21, 2017
STUDY SESSION: M/Lin called the Study Session to order at 5:48 p.m. in
Room CC-8 of the South Coast Air Quality Management District/Government Center,
21865 Copley Drive, Diamond Bar, CA 91765.
ROLL CALL: Council Members Herrera, Lyons, Tye, Mayor Pro Tem
Low and Mayor Lin
Staff Present: James DeStefano, City Manager; David DeBerry, City
Attorney; Ryan McLean, Assistant City Manager; Greg Gubman, Community Development
Director; David Liu, Public Works Director; Ken Desforges, IS Director; Dianna Honeywell,
Finance Director; Anthony Santos, Assistant to the City Manager; Alfa Lopez, Senior
Management Analyst; Mayuko (May) Nakajima, Associate Planner; Fabian Aoun,
Assistant Engineer; Amy Haug, Human Resources/Risk Manager; Marsha Roa, Public
Information Manager; Cecilia Arellano, Public Information Coordinator, and Tommye
Cribbins, City Clerk.
► FY 2017-18 STRATEGIC PLAN
ACM/McLean stated that this is a new concept staff is recommending to replace
the Goals and Objectives which are brought forward each year and approved by
the City Council in concert with the annual Budget. This process takes a more
comprehensive look at development of a Vision, Goals and Priorities, and once
these are established, those headings are used to create the action items in the
spreadsheet. He noted that this is a draft for Council’s discussion and feedback to
staff with respect to comments, edits, changes, etc. This is the City Council’s
document that will guide staff as it creates the annual budget for the next fiscal year
and those thereafter. There will be edits to the layout of the design for the final
document. Last year, at the request of M/Lin, as part of the development for the
FY 2016-17 Goals & Objects, one item was Development of a Strategic Plan. After
the City Manager’s Office had developed the initial draft that it felt would work for
Diamond Bar it reached out and held meetings with each department to review the
Strategic Plan, Vision, Goals and Priorities to create the action items assigned to
each department.
This document provides a roadmap to develop the Council’s action items whereas,
in the past the Goals & Objectives were simply a list of items for the following year.
This document takes a comprehensive look at why and how this is being done and
how those action items are created to be consistent with development. The first
step was to create a vision which boiled down to the fact that Diamond Bar has a
rich history as a working ranch, the rolling hills and cattle that people value which
is also in the heart of one of the most dense and busiest regions in the United
6.2.a
Packet Pg. 26
______________________________________________________________________
MARCH 21, 2017 PAGE 2 CC STUDY SESSION
States. So the vision encompasses how the City balances its rich history with the
fact that the City lies in a very modern and populous area and the vision, staff came
up with was “Celebrating our roots and building a thriving future”. With that vision,
staff then decided it needed to come up with appropriate goals for the next year by
condensing the goals into a smaller number. Past goals had 8 Goals followed by a
series of Objective/Action Items. Staff looked at goals over the past eight years to
determine common themes and items valued by Counci l which revealed three
common themes that staff believes encompass the way the City Council envisions
carrying out the services of the government of Diamond Bar.
1) Responsible Stewardship of Public Resources – which can include everything
from fiscal responsibility, to infrastructure maintenance to maintaining an
effective workforce.
2) Open, Engaged & Responsive Government – public information, open
government, accessibility to engagement with the public.
3) Safe, Sustainable & Healthy Community – public safety, parks and recreation,
economic development, having a stable and viable local economy,
environmental service programs including waste hauling and street sweeping.
After establishing these three goals, staff then attempted to determine the prioritie s
that can be consistent with these goals and six were identified:
1) Community - sense of community, community programs; a close -knit
community.
2) Livability – quality of life, safety, and wellness.
3) Transparency – a transparent government, accessibility of communication and
engagement.
4) Accountability – fiscal and social responsibility, asset management,
maintenance of facilities and making sure city government is accountable to the
people it serves.
5) Mobility – transportation and making sure that the SR57/60 is fixed, that streets
and roads are properly maintained to encourage travel.
6) Service – an effective workforce, its convenience to the public and that it
provides excellent customer service, etc.
6.2.a
Packet Pg. 27
______________________________________________________________________
MARCH 21, 2017 PAGE 3 CC STUDY SESSION
From this the document moves to Action Items which were in past years considered
as Objectives. These Action Items need to be consistent with the Goals, Priorities
and Vision. Staff took a wider look with respect to the implementation timeframe.
For example, the SR57/60 Confluence Project is a long-term project so the window
of this document has been expanded out three years. Other examples are 1, 3, 5
years and staff felt three years was a good starting point and can be adjusted in
future years by expanding or narrowing the timeline.
Strategies to complete the Action Items will be based on the budget which will be
considered in the next month or so. Once there is a finalized document, staff will
provide quarterly updates to all Action Items.
ACM/McLean highlighted the Action Items as listed under each goal assigned to
each respective department with implementation timeframe and strategic priorities.
C/Herrera asked if this list included only current goals and objectives or are there
new items included.
ACM/McLean responded that there are many new items on the list.
RESPONSIBLE STEWARDSHIP OF PUBLIC RESOURCES:
City Manager’s Office, Item 1) To develop and consider options to increase the
City’s Transient Occupancy Tax or Hotel Room Tax Rates. Staff would need to do
some prep work and polling on potential election-related work in advance should
Council wish to move forward with this item.
C/Herrera said it would be great if this could be separated from Council elections.
ACM/McLean said that staff would be directed by Council as to when this item
would be placed on a ballot.
C/Herrera said that sometimes this becomes a campaign issue.
Finance, Item 3: Develop quarterly financial reports to monitor budgetary
performance – This is something staff is currently working on and in the initial stage
would be similar to other quarterly updates that are provided to City Council.
Information Systems, Item 1: Conduct a review of the City’s software applications
to maximize efficiency and performance for internal and external users – Staff is
beginning to see some of its e-Government and software applications as “capital”
that need improvement over time. Some items that decline after a decade’s worth
6.2.a
Packet Pg. 28
______________________________________________________________________
MARCH 21, 2017 PAGE 4 CC STUDY SESSION
of use require investments to continue providing efficiencies to staff and to the
public in providing better service.
Parks and Recreation, Items 1& 2: Updates to the Diamond Bar Center Use Policy
and Park, Athletic and Facility Use Policies. Staff is working on recommendation s
for this item based on analysis of use. Staff has looked at four years of Diamond
Bar Center participation and use and has noticed items the Council may wish to
discuss with respect to “use” policies to make sure the City is maximizing that asset
(The Diamond Bar Center).
Public Works, Item 1: Create an inventory/maintenance/replacement schedule for
Parks & Facility Infrastructure (in process).
OPEN ENGAGED & RESPONSIVE GOVERNMENT
City Manager’s Office, Item 3: Develop plans for the next phase of public safety
community meetings/events. As Council is aware, staff has been doing a series of
public meetings including last night’s meeting which enjoyed a full house with 75 -
80 participants at Castle Rock Elementary School. Often these meetings serve as
a bridge for participants to speak with staff about non -public safety items. Staff
anticipates concluding these meetings by the middle of next fiscal year. Staff would
like to continue this program and has been developing plans to provide similar
events that offer something new.
Human Resources/Risk Management, Item 1: Implement an employee
performance management system that includes a revised evaluation process, form
and training.
Public Information, Item 1: Launch and market a redesigned City website which is
in process and should be completed about the start of the new fiscal year that will
have a lot of new information and better customer service features available.
Public Information, Item 8: Develop a Citywide communications strategic plan and
branding guide to ensure consistent messaging across all departments – this builds
on the Council’s adoption of the new Logo and will make sure that the City is
consistent in the branding of items and communications and will be a work in
progress throughout the next fiscal year.
SAFE, SUSTAINABLE & HEALTHY COMMUNITY:
City Manager’s Office, Item 1: Attract and retain quality small businesses and
national/regional tenants that diversify and increase the City’s sales tax base. The
6.2.a
Packet Pg. 29
______________________________________________________________________
MARCH 21, 2017 PAGE 5 CC STUDY SESSION
reopening of what was previously the Kmart Center should help offset reliance on
gas stations for sales tax.
C/Herrera said this says what the City wants to do and not particularly how it will be
achieved.
ACM/McLean responded yes, it sets the goals for what the City wants to do. It does
not specify X-business, for example. The budget will set out the funding sources
that will allow staff to come up with strategies for how certain items will g et done.
For example, Council budgets items under Economic Development that allow for
studies, specific plans, etc. that would help bring in these types of businesses.
The City’s General Plan Update project which is currently underway is a huge
project and has been separated out given that there are milestones to be met over
the next two or three years. Next week the Council and Planning Commission will
receive an update on the project.
Parks & Recreation, Item 3: Complete construction of Larkstone Park and open
facility to the public. This project is underway and barring any unforeseen delays
will be open later in 2017.
Parks & Recreation, Item 5: Work with Walnut Valley Unified School District and
Pomona Unified School District to expand access to athletic facilities, including
gymnasiums and fields. W VUSD has been successful in passing local bond
measures that bring funds to the District that has resulted in new athletic facilities
including new gyms including one at Chaparral and staff would like to work with
them under the existing Joint Use Agreement to get access to that facility to roll out
existing or new athletic programs for youth and adults. Staff has been working with
the Assistant Superintendent to hopefully roll out some new offerings next year.
Phase I and II of the SR57/60 Confluence project will be underway in the next few
months. There has been very good progress made on this project in a short amount
of time.
C/Lyons said that under engaged and responsive governmen t under Human
Resources and Risk Management Item 1, should add the word “tracking” so that
every employee has a performance review.
C/Herrera said she believed that the Council is not aware that every employee’s
performance review is done because the Council does not receive a report or
summary and so that section of the City Manager’s evaluation becomes difficult to
fill out because that information is not available.
6.2.a
Packet Pg. 30
______________________________________________________________________
MARCH 21, 2017 PAGE 6 CC STUDY SESSION
ACM/McLean said that as part of the City’s Performance Management System it
would be included to make sure those items are done and that the supervising
managers are aware when they need to be done and that they are held to a
standard of completing such reviews.
M/Lin felt there should be better communications between the Sheriff’s O ffice and
the community to share the City’s vision.
CM/DeStefano responded that the statement about the intent of the crime was a
robbery took everyone by surprise. ACM/McLean was in Washington, D.C. and he
is responsible for the Public Safety shop. CM/DeStefano immediately got a phone
call from Captain Reyes letting him know what had been disclosed by the now
commander of that detective bureau and that Captain Reyes had not been informed
of the information himself. There was a disconnect between what was said at the
press conference in response to a public question and what even the local station
captain had been told which was not good. But it was just one incident that can
quickly be corrected for the future versus a pattern of where there are
communication problems and engagement problems with the community. That has
not been evident because there has been a very strong, fully engaged station that
have dialogued with all segments of the communities.
C/Tye said the City could not make a policy based on the number of people that
complain about the Inland Valley Humane Society or the Sheriff. It is not a pattern.
If the City had a problem with communication there would not have been a call from
Captain Reyes, CM/DeStefano would have called him.
ACM/McLean said he understood M/Lin’s point and would work on language to be
included under Safe, Sustainable and Healthy Community for the Public.
Council discussed potential for the Golf Course site.
MPT/Low said she was interested in the “Livability” and wanted to know if because
there are homes being built next to parks if the City could include some aspect of
or further enhance the City’s parks with pieces of public art. She asked if the
Council in its history had ever talked about annexation of other real estate such as
the Rowland Heights Golf Course.
C/Herrera said there had been talk about annexing Rowland Heights and that both
Rowland Heights and Supervisor Don Knabe were very keen on Diamond Bar doing
that. However, city staff rode around to view the community and found there would
be a lot of money spent to correct violations (people living in garages, businesses
working on cash basis and not reporting tax).
6.2.a
Packet Pg. 31
______________________________________________________________________
MARCH 21, 2017 PAGE 7 CC STUDY SESSION
CM/DeStefano said that the golf course could not be carved out. That portion of
land is only the golf course and that piece of land is grossly deficient in roadway
maintenance, traffic signals, schools, etc. and there would be an enormous deficit
that Diamond Bar would be “obligated” to correct and there is no revenue. If one
considers the portion of land from Fairway to Fullerton/Nogales, the same holds
true on the residential side and complete desecration on the commercial side. On
the surface it appeared to be an option but wh en staff dug into it, it learned that it
would be more of an anchor on the City with no benefit.
C/Lyons asked that under Parks & Recreation – Implement a healthy active
Diamond Bar program to encourage community health to an active lifestyle should
include “family-friendly parks” that would include amenities to, for instance, make it
easier for moms to help kids wash their hands (footstools they can step on to reach
the sink). She believes there is a lot the City could be doing in its parks to make
them more family-friendly including more programs.
CM/DeStefano said the City has a very robust Parks & Recreation program and it
doesn’t mean that Diamond Bar owns all of the good ideas. There may be ideas
that other communities have attempted and it would help staff to know where it
might be lacking and where the City might want to invest. That department is
looking at potentially changing programs out and trying different things.
ACM/McLean and his team have been talking with the Parks & Rec reation
Commission about a few changes and there will likely be more coming as the City’s
demographics change – fewer children and more seniors in the community.
CM/DeStefano said that as the City Council is talking about the Strategic Plan
tonight, this is not the one and only time to discuss this matter so the Council should
be thinking about it going forward and staff will bring this back at the next available
City Council meeting for Council Members to add, subtract and modify in any way
the Council would like.
Public Comments: None
ADJOURNMENT: With no further business to come before the City Council, M/Lin
recessed the Study Session at 6:35 p.m. to the Regular Meeting.
________________________________
Tommye Cribbins, City Clerk
The foregoing minutes are hereby approved this day of , 2017.
_______________________________
Jimmy Lin, Mayor
6.2.a
Packet Pg. 32
MINUTES OF THE CITY COUNCIL
REGULAR MEETING OF THE CITY OF DIAMOND BAR
MARCH 21, 2017
CLOSED SESSION: 5:15 P.M., Room CC-8
Public Comments: None
Public Employee Appointment Pursuant to Government Code Section 54957
Recessed at 5:47 p.m. to Study Session
STUDY SESSION: 5:49 p.m., Room CC-8
► FY- 2017-18 Strategic Plan – Discussion and Action.
Public Comments: None
Recessed at 6:35 p.m. to Regular Meeting.
.
CALL TO ORDER: Mayor Lin called the Regular City Council meeting to
order at 6:40 p.m. in the South Coast Air Quality Management District/Government
Center Auditorium, 21865 Copley Drive, Diamond Bar, CA.
CM/DeStefano stated there were no reportable actions taken during the Closed Session
with respect to the City Manager appointment process.
During tonight’s Study Session, staff presented the draft 2017-18 Strategic Plan.
Council received the presentation and provided comments and thoughts for a future
Council discussion. The Strategic Plan will be brought back for Council Consideration
at an upcoming City Council Meeting. The Study Session began at 5:49 p.m. and
concluded at 6:35 p.m.
PLEDGE OF ALLEGIANCE: C/Lyons led the Pledge of Allegiance.
INVOCATION: Pastor Thad Lanthripe, Church of the Valley, gave the
invocation
ROLL CALL: Council Members Herrera, Lyons, Tye, Mayor Pro
Tem Low and Mayor Lin
Staff Present: James DeStefano, City Manager; David DeBerry, City
Attorney; Ryan McLean, Assistant City Manager; Greg Gubman, Community
Development Director; David Liu, Public Works Director; Ken Desforges, IS Director;
Dianna Honeywell, Finance Director; Anthony Santos, Assistant to the City Manager;
Alfa Lopez, Senior Management Analyst; Mayuko (May) Nakajima, Associate Planner;
Fabian Aoun, Assistant Engineer; Amy Haug, Human Resources/Risk Manager; Cecilia
Arellano, Public Information Coordinator, and Tommye Cribbins, City Clerk.
APPROVAL OF AGENDA: As Presented.
6.2.b
Packet Pg. 33
MARCH 21, 2017 PAGE 2 CITY COUNCIL
1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: None.
2. CITY MANAGER REPORTS AND RECOMMENDATIONS: None.
3. PUBLIC COMMENTS: None.
4. RESPONSE TO PUBLIC COMMENTS: None.
5. SCHEDULE OF FUTURE EVENTS:
5.1 Parks and Recreation Commission Meeting – March 23, 2017 – 7:00 p.m.
– Windmill Community Room, 21810 Copley Drive.
5.2 Planning Commission Meeting – March 28, 2017 – 7:00 p.m., Windmill
Community Room, 21810 Copley Drive.
5.3 Joint City Council and Planning Commission Meeting – March 29, 2017 –
6:30 p.m., Windmill Community Room, 21810 Copley Drive.
5.4 State of the City – March 30, 2017 – 6:00 p.m., Grand View Ballroom,
1600 S. Grand Avenue.
5.5 City Council Meeting – April 4, 2017 – 6:30 p.m., AQMD/Government
Center Auditorium, 21865 Copley Drive.
6. CONSENT CALENDAR: C/Tye moved, MPT/Low seconded, to approve
the Consent Calendar with the exception of Item 6.6 pulled by C/Herrera for
separate consideration. Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS: Herrera, Lyons, Tye, MPT/Low, M/Lin
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
6.1 WAIVE READING IN FULL OF ALL ORDINANCES AND RESOLUTIONS
AND ADOPT THE CONSENT CALENDAR.
6.2 APPROVED CITY COUNCIL MINUTES:
6.2.1 Study Session Minutes of March 7, 2017 – as submitted.
6.2.2 Regular Meeting of March 7, 2017 – as submitted.
6.3 RECEIVED AND FILED PLANNING COMMISSION MINUTES AND
GENERAL PLAN ADVISORY COMMITTEE MINUTES:
6.3.1 General Plan Advisory Committee Minutes of October 12, 2016.
6.3.2 Planning Commission Minutes of January 10, 2017.
6.3.3 Planning Commission Minutes of February 14, 2017.
6.2.b
Packet Pg. 34
MARCH 21, 2017 PAGE 3 CITY COUNCIL
6.4 RATIFIED CHECK REGISTER DATED March 2, 2017 through March 15,
2017 totaling $795,222.68.
6.5 APPROVED CONTRACT AMENDMENT WITH THE TAIT GROUP (TTG)
IN THE NOT-TO-EXCEED AMOUNT OF $33,600 FOR PROFESSIONAL
CONSULTING/ADVOCACY SERVICES RELATED TO THE STATE
ROUTE 57/60 FREEWAY CONGESTION RELIEF STRATEGY AND
STATE/FEDERAL FREIGHT PLANS.
6.7 APPROPRIATED $30,000 OF QUIMBY FUND RESERVES TO THE FY
2016-17 CIP BUDGET; ADOPTED RESOLUTION 2017-07 APPROVING
PLANS AND SPECIFICATIONS AND ESTABLISHING A PROJECT
PAYMENT ACCOUNT; AWARDED THE CONSTRUCTION CONTRACT
FOR THE LONGVIEW PARK SOUTH IMPROVEMENT PROJECT TO DD
SYSTEM, INC. DBA ACE CD IN THE AMOUNT OF $282,589.83 AND
AUTHORIZED A CONTINGENCY AMOUNT OF $28,259 (10% OF THE
TOTAL CONTRACT) FOR CONTRACT CHANGE ORDERS TO BE
APPROVED BY THE CITY MANAGER, FOR A TOTAL AUTHORIZATION
AMOUNT OF $310,848.83.
MATTERS WITHDRAWN FROM CONSENT CALENDAR:
6.6 AWARD A THREE-YEAR CONTRACT FOR STREET SWEEPING
SERVICES TO R.F. DICKSON CO., INC. IN THE NOT-TO-EXCEED
ANNUAL AMOUNT OF $176,489.
C/Herrera said she was concerned that the City was again awarding a
contract to a company that has received a lot of complaints from residents
who said their streets were not adequately swept clean and have
observed the brushes being up instead of down on the street. She
recognizes the desire to go with the lowest bidder but the second bidder
was not that far off and she has a problem granting a three -year contract
to a company that staff found to be unsatisfactorily doing their job. She
has seen a huge accumulation of leaves that have been at the same
location for a period of time on streets where they are almost stuck to the
ground. She is wondering what the street sweeper does when
encountering these types of situations in failing to adequately sweep up
the leaves. As such, she cannot support staff’s recommendation.
C/Tye said that when one drives the length of Diamond Bar Boulevard it is
medians and there are certain areas of the City that have painted medians
(a double yellow line) and it has debris in it. He asked staff if it was the
responsibility of the street sweeper to go into that area and clear it of the
debris or are they only curb street sweeping?
6.2.b
Packet Pg. 35
MARCH 21, 2017 PAGE 4 CITY COUNCIL
CM/DeStefano stated that the recommendation within the detailed report
from City staff is to reauthorize/extend the contract with RF Dickson Co.
The City has had a contract with that company since incorporation and
they have consistently been the low bidder. Overall, they have performed
very well. There have been advancements in technology over the years
that allow staff to track equipment which allows staff to know exactly
where they are and how fast they are traveling the streets. The City has a
program in place that discusses when the streets are swept, how often
they are swept, what times of the year they may be swept more than other
times of the year and to further explain what the City expects PWD/Liu will
provide detail. If the City Council wishes to direct staff with additional
information, there is time to make this decision which does not have to be
made this evening.
PWD/Liu stated that the City’s street sweeping scheduled for 10 months of
the year is bi-weekly and weekly service for the months of December and
January. With respect to the number of complaints of the quality of
service, they are few and far between. The City typically gets call s once a
week that are generally questions about the schedule and parking
requirements. When there are concerns about the arterials or residential
streets staff always follows up with the contractor to make sure they
understand what needs to be done. In fact, this RFP contains that item
which was added because previous practice had been that if the street
sweeper came upon those specific areas they were to make sure they
came back at a later time to clean up those areas. For the past six to
eight months staff has been paying attention to the painted median areas
along the boulevards as well as, coordination of residential streets
between the City’s maintenance staff and the street sweeping operator.
There is constant communication between staff and the street sweeper
and if for some reason the street sweeper comes upon certain conditions
that prohibits him from picking up a large pile of debris, for example, he
communicates that back to staff and maintenance picks up the debris and
vice versa. Indeed, the City tracks the whereabouts of the street
sweepers and communicates regularly with the dispatcher when there is
an issue or conditions reported to City Hall. In terms of the quality of
service, staff has not reached the point where it feels this is a co ntractor
the city should bypass. When reviewing the end result through the RFP
process, it was not only clear to staff that the company had been serving
the City satisfactorily over the years but in surrounding communities as
well. With respect to other prospective vendors, Diamond Bar has no
experience with them and has not made an effort to reach out to clients of
the other two companies to get a better understanding about how they
have been performing. With almost 20 years of service by Dickson,
PWD/Liu personally feels satisfied with their services. Again, staff serves
at the direction of the City Council.
6.2.b
Packet Pg. 36
MARCH 21, 2017 PAGE 5 CITY COUNCIL
MPT/Low pointed out that the contract permits the City to terminate it upon
30-days written notice to the contractor and regardless how long t he
contract goes the City has that option. She suggested a six-month or one
year option with staff to follow up might be workable.
C/Lyons concurred with MPT/Low that it might be in Council’s best interest
to approve a short term contract and ask staff to report back in terms of
how many problems and what types of problems there are.
C/Tye asked if there were more than the three bidders who responded.
PWD/Liu responded that there were only three responses to the RFP
proposals.
C/Herrera moved, C/Lyons seconded, to award a one-year contract for
street sweeping services to RF Dickson Co. and for staff to take a closer
look at their performance during the next year.
CM/DeStefano stated that based upon C/Herrera’s motion, the process
would be an evaluation about nine months from now so that if the work
appears to be satisfactory, staff would begin the process of negotiating a
multi-year contract at that time. If the work does not appear to be
satisfactory, that gives five or six months to solicit ne w proposals from
different vendors possibly including this vendor so that it would be done by
June/July 2018 matching the one-year extension if approved this evening.
Another idea would be to make the same motion with the added provision
for a specific amount of additional years to be at the option of the City or
City Manager after an evaluation, but not one that would necessarily
warrant going back out with an RFP with the flat one-year proposal that
allows extension of the contract after the one-year period.
C/Herrera said she did not want an automatic extension. She wants staff
to seriously look at the job performance so that Council can make its
decision after the one-year term. If it requires going out to bid again, so
be it.
C/Lyons restated her second. Motion carried by the following Roll Call
vote:
AYES: COUNCIL MEMBERS: Herrera, Lyons, Tye, MPT/Low,
M/Lin
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
6.2.b
Packet Pg. 37
MARCH 21, 2017 PAGE 6 CITY COUNCIL
7. PUBLIC HEARING:
7.1 ORDINANCE 02 (2017) OF THE CITY OF DIAMOND BAR AMENDING
TITLE 10 BY ADDING SECTION 10.16.215 TO THE DIAMOND BAR
MUNICIPAL CODE PROHIBITING THE OVERNIGHT PARKING OF
VEHICLES IN CITY-OWNED PARKING LOTS.
AtoCM/Santos reported that the primary purpose for parking at City
facilities is to provide a place where persons (residents, patrons, visitors)
can temporarily park their vehicles in order to access programs and
services. In the past, the City Council has amended parking restrictions
over time as well as, instituted preferential parking districts. In an effort to
enhance the City’s building security and facilities security, staff looked at
the Code and determined that there was a need to bring forward to the
City Council an Ordinance for consideration specific to the hours of 2:00
a.m. and 5:00 a.m. As such, the Ordinance before the City Council would
amend Title 10, Vehicles and Traffic of the Diamond Bar Municipal Code
to add Section 10.16.215 to read: “No person shall stop, stand or park
any vehicle on any City-owned parking lot between the hours of 2:00 am
and 5:00 am. The City Engineer shall erect and maintain adequate signs
on City-owned parking lots specifying the limitation on the time of parking.
Nothing in this section shall apply to government owned vehicles operated
by the City, the Los Angeles County Sheriff’s Department or any other
emergency responders. Those in violation of this section may be issued a
parking citation”.
This Ordinance means to assist the City’s Public Safety partners, the
Sheriff’s Department, to have a better idea of vehicles that should and
should not be at City facilities which is for their safety and security so they
know what is going on at City facilities. This would not impact City -owned
vehicles and approved Public Safety Agencies but wo uld be focused only
on vehicles that are parked overnight between 2:00 and 5:00 am for
identification purposes.
C/Herrera asked if this ordinance covers vehicles who park in park parking
lots to carpool like many do at Summitridge Park.
AtoCM/Santos responded that in 2015 the City Council took action specific
to those concerns which focused on people using parking lots as intended
for park purposes only which was Ordinance No. 01 (2015). This
Ordinance proposes to make sure that the City’s parks, facilities and
parking lots associated with those facilities are used for those intended
purposes to insure that between the hours of 2:00 and 5:00 am to make
certain no vehicles are parked overnight.
6.2.b
Packet Pg. 38
MARCH 21, 2017 PAGE 7 CITY COUNCIL
MPT/Low asked if there were several incidents of peop le parking in City-
owned parking lots overnight which is what this Ordinance is addressing.
AtoCM/Santos responded that MPT/Low was correct.
MPT/Low asked if there were additional remedies to citations such as
towing of the vehicle or simply an accumulation of citations.
AtoCM/Santos said at this point it would be citations, but from a safety
standpoint a couple of things could happen: failure to pay the citations
could result in towing of a vehicle, it could prevent the owner from
registering their vehicle and if the vehicle has expired tags or was stolen
and deposited in a City-owned parking lot it would allow for identification.
MPT/Low asked if the City could merely change signs to indicate “no
parking between 2:00 and 5:00 am. Vehicle subject to being towed.”
CM/DeStefano responded that the City has the ability to tow now but the
Public Safety personnel have been extraordinarily effective in citing
vehicles that have been improperly parked. Those vehicles are usually
gone by the end of the day and do not reappear. He does not recall an
instance where there has been a need to tow because the vehicles are
generally removed by the owners or users.
MPT/Low asked if vehicles that are parked in facilities are empty or if they
have people inside.
CM/DeStefano said they are not being used as housing. Vehicles are
typically parked by those engaged in carpooling. The City is particularly
concerned with facilities such as the Diamond Bar Center, Summitridge
Park, and Diamond Canyon Park, more so than other parks. Park parking
lots are frequently used as convenient parking for nearby employment
centers. Summitridge has been particularly problematic because some
who use it as a parking lot happen to work inside The Country Estates
which takes away parking for those who wish to use the lot to be able to
recreate at the City’s facility.
C/Lyons asked for confirmation that people who work graveyard shifts
could park in carpool lots.
AtoCM/Santos responded “yes.”
M/Lin opened the Public Hearing at 7:15 p.m.
With no one present who wished to speak on this item, M/Lin closed the
Public Hearing at 7:16 p.m.
6.2.b
Packet Pg. 39
MARCH 21, 2017 PAGE 8 CITY COUNCIL
C/Herrera moved, MPT/Low seconded, to adopt for First Reading, by title
only Ordinance No. 02 (2017) and scheduled Second Reading for the City
Council’s April 4, 2017 meeting. Motion carried by the following Roll Call
vote:
AYES: COUNCIL MEMBERS: Herrera, Lyons Tye, MPT/Low,
M/Lin
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
7.2 ADOPT RESOLUTION NO. 2017-08: APPROVING MITIGATED
NEGATIVE DECLARATION AND TENTATIVE PARCEL MAP NO. 72035
FOR THE SUBDIVISION OF AN EXISTING 4.2 ACRE LOT INTO THREE
LOTS FOR THE FUTURE DEVELOPMENT OF NEW SINGLE-FAMILY
RESIDENCES ON THE TWO NEWLY CREATED LOTS LOCATED AT
22702 TIMBERTOP LANE, DIAMOND BAR, CALIFORNIA (APN 8713 -
028-012).
CM/DeStefano stated that this item comes to the City Council with the
recommendation for approval from the Planning Commission after
conducting a public hearing on the matter. Staff is asking that the City
Council receive a report from CDD/Gubman, open the public hearing,
receive testimony, close the public hearing, debate the merits and take
action.
CDD/Gubman reported that the matter before the City Council involves a
proposed subdivision of property in the Diamond Bar Country Estates
which is a private gated community that is subject to the CC&R’s of a
private homeowners association. The circumstances under which the
Council is being asked to decide this matter are somewhat awkward in
that the project fully complies with state and city subdivision regulations
but is purportedly inconsistent with The Country’s CC&Rs. I say
purportedly because the City is not a party to those CC&R’s and is not in a
position to weigh in on what is fundamentally a contract between private
entities and not withstanding this potential conflict, the City Council needs
to base its decision to approve or deny this Tentative Parcel Map on
whether the requested subdivision is consistent with the Diamond Bar
Subdivision Code and the California Subdivision Map Act, which staff and
the Planning Commission find it to be. That said, after consulting with the
City Attorney, staff’s recommendation to approve this project now includes
a proposed Condition of Approval requiring the applicant to provide
evidence that they received the required approvals from the Diamond Bar
Country Estates Homeowners Association before the City approves the
Final Map. Incorporating this condition would make it crystal clear to all
parties involved that the City’s decision to grant the requested entitlement
does not unbind the subject property from any other encumbrances that
could restrict further development upon it.
6.2.b
Packet Pg. 40
MARCH 21, 2017 PAGE 9 CITY COUNCIL
M/Lin said it seemed to him that the applicant’s time was being wa sted
and asked why the City did not reject his application.
CDD/Gubman said staff’s recommendation is that the City Council
approve the matter because the project complies with all of the regulations
that are within the City Council’s purview. The applicant knows perfectly
well that they are obligated to comply with the CC&R’s to which the project
is subject which is not a basis for staff to change its recommendation from
approval. The difference is that the recommendation of approval is
subject to a list of requirements the application must satisfy before they
can ultimately record that subdivision.
C/Tye said the other point is that the City Attorney has advised that the
City is not a party to the CC&Rs and that state law limits the City Council’s
scope of review. So the Council would have to weigh in on the matter one
way or the other.
CA/DeBerry explained that there are two different standards that apply to
approval of a Tentative Map versus the standard for conditioning the Final
Map approval. The Tentative Map says the City looks at its Subdivision
Ordinance and the Subdivision Map Act (State Law) in deciding whether
or not the Tentative Map can be approved and those are very set objective
regulations. However, the City’s Ordinance also allows for imposing more
subjective conditions on the approval of the Final Map which is where the
condition comes in. However, once the Council gets to the Final Map,
those subjective criteria get check marked which means at that point it is a
ministerial review. What staff is saying with this condition is that the
applicant either needs to provide evidence that the subdivision has been
approved by the HOA or, in the alternative, evidence that the CC&R’s do
not apply to the subdivision. And what staff is at tempting to avoid at this
stage is getting in between the two parties and opining what the CC&R’s
do or do not require.
C/Lyons asked if the proposed condition is in Council’s document.
CM/DeStefano responded that is Condition 10 on Page 7 of the
Resolution.
AP/Nakajima presented staff’s report along with a power point
presentation explaining that tonight’s request is for the approval to
subdivide an existing 4.2 acre property into three residential lots. The
property is currently developed with a single-family residence also known
as the California Bicentennial Home built in 1969 and an accessory
structure, both of which are proposed to be preserved. The subdivision
would create two additional parcels to accommodate the future
construction of homes on these lots. The property is zoned Rural
Residential (RR) as is the General Plan Land Use designation. On
6.2.b
Packet Pg. 41
MARCH 21, 2017 PAGE 10 CITY COUNCIL
February 14, the Planning Commission, by a 3-2 vote recommended that
the City Council adopt a Mitigated Negative Declaration under CEQA and
approve the project.
The site is located within The Country Estates on Timbertop Lane on the
south side of Lazy Meadow Drive between Alamo Heights and Blaze Trail.
The view of the property from the west shows that it is surrounded by
existing single-family homes. A view of the property looking south shows
that the property slopes upward from Lazy Meadow. The site has four
protected trees toward the rear of the property; however, none are
proposed for removal. The view from Timbertop Lane shows the
California Bicentennial Home that currently exists on the lot. The aerial
view shows the adjacent homes on Lazy Meadow Drive. The site is
surrounded by single-family homes and will therefore be compatible with
surrounding uses. The detailed site planning, building footprints, floorplan,
landscaping and grading will be submitted for review during the
development review process.
The lot will be divided into three separate lots. Each lot will be just over
one-acre. The California Bicentennial Home will remain on parcel 1. The
frontage of the existing property at the end of the Timbertop cul -de-sac
measures about 73 feet.
The proposed project conforms to all of the City’s Subdivision and
Development Code standards such as the minimum width, depth and
square footage. The project is required to pay park improvement fees
pursuant to the Quimby Act. Staff used the most recent land the City
acquired which was Washington Park to calculate the fair-market value to
acquire the land for park space. Based on this formula and the valuation
of the land for the park the in-lieu fee turns out to be $48,228. This fee
has been included as a Condition of Approval.
On July 1, 2016 as well as, at the Planning Commission meeting, the City
received letters from the Diamond Bar Country Estates Homeowners
Association stating they have denied the subdivision request. It was
stated that the project is in conflict with the HOA’s CC&Rs and according
to the Association, Parcel 1 does not meet the minimum 100 foot frontage
requirement and the existing lots cannot be split into two lots. The City
Attorney has advised that because the City is not a party to the CC&R’s,
state law limits the City Council’s scope of review to whether the project is
consistent with the City’s Subdivision Ordinance and the State’s
Subdivision Map Act. The restrictions stated to be in The Country’s
CC&R’s are not in either of these laws.
The project fully conforms to the City’s Subdivision Ordinance; however,
there is a Code Section that authorizes t he Council to impose other
conditions deemed necessary to achieve compatibility between the
6.2.b
Packet Pg. 42
MARCH 21, 2017 PAGE 11 CITY COUNCIL
proposed subdivision and its surroundings in the community to achieve
consistency with the City’s Ordinances and State Laws. Therefore, in
addition to the Conditions recommended by the Planning Commission,
staff is recommending that the City Council approve the project with the
addition of Condition No. 10 to provide the City with evidence that the
subdivision complies with the CC&R’s or provide proof that no s uch
approval is required. Ultimately, it will be between the property owner and
the HOA to resolve their dispute.
Staff prepared an Initial Study and Notice of Intent to Adopt a Mitigated
Negative Declaration for the project. Two mitigation measures we re
included under Cultural Resources. As mentioned earlier, the property is
developed with a home known as The California Bicentennial Home and
the applicant intends to preserve the home onsite. The home was
constructed around 1969 and has quite an inter esting story in that it was
one of the three showcase homes designed and constructed for the sole
purpose of promoting custom home development in The Country which
was originally developed by the Transamerica Development Company.
The historic assessment shows that the home appears eligible for the
California Register of Historic Resources due to its association with a
famous architect. Additionally, the home appears eligible for local listing
as it is important to the City of Diamond Bar; however, Diamond Bar does
not have a local historic register. Due to the home’s eligibility to the
State’s Register, it is considered a historic resource under CEQA and
thus, in the future, if demolition of the house is desired, then a mitigation
measure is designed to reduce the impact to less than significant, and that
mitigation would require a “Comprehensive Recordation Program” also
known as “The HABS/HAER Heritage Documentation Programs which is
recommended by the Historic Consultant. With this recommended
mitigation, the project impacts on historic resources will be reduced to a
level less than significant.
AB52 requires a quest for tribal consultation for projects subject to CEQA.
On December 1 the City received a letter the Gabriel iňo Band of Mission
Indians tribe, indicating that the project area lies within their jurisdictions
and requesting that a Native American monitor be onsite during all grading
disturbances (grading and boring) to protect potential cultural resources
that might be onsite which is included as a mitigation measure in the
Mitigation Program.
The Planning Commission and City staff with the additional condition
noted earlier, recommend that the City Council adopt the resolution
adopting the Mitigated Negative Declaration and the project to allow
subdivision of an existing lot into three separate lots, based on the
Findings, subject to the Conditions of Approval as listed within the
Resolution.
6.2.b
Packet Pg. 43
MARCH 21, 2017 PAGE 12 CITY COUNCIL
MPT/Low asked the period of time the applicant can take to present a
Final Map to the City Council for final approval.
AP/Nakajima responded that it is three (3) years.
MPT/Low asked if the applicant is approved today and the HOA agreed to
divide into two lots instead of three, would the applicant be required to
come back to the City for approval.
AP/Nakajima responded that if the applicant were proposing fewer lots it
could be deemed to be in substantial conformance to the approved
Tentative Tract Map.
MPT/Low then asked if the CEQA aspect of the Bicentennial Home
included the acreage that surrounds the home or just simply the structure
itself.
AP/Nakajima responded that it would apply to the entire site.
MPT/Low asked if it would impact the ability to subdivide the property.
CDD/Gubman explained that the historic resource is the house. If the
applicant or any future property owner proposed to demolish the house,
the primary component of the historic documentation would be detailed
photographs of the interior and exterior of the home along with foren sic
plans for the house and photographs of the context. Even though the
subdivision of the property could already have occurred and the
development of those parcels could already have occurred, the original
site would be included as part of that historic documentation, that record of
the site’s history.
MPT/Low asked if it was necessary to have conditions to run with the two
subdivisions after it is subdivided so that this condition is preserved .
CDD/Gubman said there would need to be a covenant plac ed on Lot 1
that identifies its historic association, its potential eligibility, so that , that
mitigation measure runs with the land so it would provide that additional
safeguard, not only upon a demolition application being submitted to the
City would trigger a lookup of the property records and the identification of
that requirement, but it would also be on the property title so that any
successor interest on the property running a title report and through
disclosure requirements would become aware of that obligation.
MPT/Low asked if this needed to be spelled out in the Conditions of
Approval if this project is approved.
6.2.b
Packet Pg. 44
MARCH 21, 2017 PAGE 13 CITY COUNCIL
CDD/Gubman said it could be required as part of the Final Map that the
disclosure be recorded against Lot 1 of the subdivision.
MPT/Low said, but not Lots 2 and 3 if it is subdivided into three lots?
CDD/Gubman said no, those lots would not be encumbered. The
requirement is specific to the resource that would become Lot 1 of this
proposed subdivision.
MPT/Low said then it applies only to the structure and not to the entire 2.4
acre parcel.
CDD/Gubman said yes, it is the structure that is the historically significant
feature on the site but when one does historic documentation, one needs
to go back in time and identify the setting on which the site was originally
developed and that could potentially include what would be in the future,
three parcels that were once part of this original development site.
M/Lin opened the Public Hearing at 7:40 p.m.
Theresa Lee, speaking on behalf of The Country Estates Homeowners
Association, requested that the City Council deny Agenda Item 7.2 for the
following reasons: The public hearing was not properly noticed; on
February 14 Planning staff failed to address in detail writing that the
property is an HOA development and the property title is restricted by the
CC&R’s; and, The Country’s standards are much higher than the City’s
Municipal Code Section 22.62.090 and Section 22.32 standards. Also,
Item 10 of the environmental checklist fails to address that the other
agency’s approval is required which could be The Diamond Bar Country
Estates. HOA letters were submitted to both the Planning Commission
and the City Manager which were overlooked at the Planning Commission
meeting.
James Harkins, legal counsel for the Diamond Bar Country Estates
Association said that in addition to the procedural points, he agreed with
staff’s recommendation of applying a condition if the Council is inclined to
disapprove the item outright.
Paul Sherwood, agreed with prior speakers. If this lot split is approved by
the City with foreknowledge that the Homeowners Association has denied
approval and with no conditions, what stops the property owner from going
straight to the County and completing the lot split in process and
bypassing the Association altogether. He believes the City Council and
Commissions should ask property owners to fulfill their obligation to first
get approval, when required, from the HOA before the City considers
approval.
6.2.b
Packet Pg. 45
MARCH 21, 2017 PAGE 14 CITY COUNCIL
Milan Garrison, Maxsum Development, speaking on behalf of the property
owner, said that they have complied with all of the City’s Code provisions
including the Subdivision Map Act and under its purview that is what the
Council is to base its decision on as indicated by the City’s staff and
attorney. However, the applicant accepts the condition that the property
owner deal with the Homeowner’s Association regarding the CC&R issue.
Although the applicant adamantly disagrees with the HOA’s free
interpretation of the CC&R’s, the applicant is willing to work that out with
them through that Condition of Approval. The applicant respectfully asks
that the Council approve the subdivision in accordance that the applicant
is meeting all of the City’s Subdivision Map Act requirements including
state law and that the map be moved forward with the acceptance of that
condition.
Robin Smith asked Council to consider the “big picture” while the City is
going through its General Plan update. CEQA says it looks at the whole
of an act. In this situation, she feels certain that if there was what she
referred to as a “proper CEQA situation” it would encompass the house
and the whole lot that the house is on, especially with regard to its historic
nature. How can one parcel consider the Native American examination
and the other parcels not be considered? This is called “piecemealing”
and when things are chopped up in the community and not taken as a
whole, the community is damaged. She asked why the City of Diamond
Bar is not preserving these very special places. She asked the
Councilmembers to consider terms like “spot-zoning” and “up-zoning”
which this situation appears to be – a tiny property being changed within a
larger community that has a character she believes should be preserved.
Frank LeRoy, said he was encouraged about the conditions placed on the
proposal and theory of potential cooperation. He asked if the tentative
approval had a time limit and if so, he suggested that a decision be
delayed until such time the conditions of the CC&R’s are met because the
big hang up seems to be three to one versus a two to one lot split. If there
is one lot in The Country Estates that could be divided per the CC&R’s, lot
131 would be it.
Mae Liu, said that The Country is known as an open space, private
community where C/Lyons is a member. On behalf of the Architectural
Committee, we must comply with the HOA architectural rules and
regulations. A lot subdivision cannot be more than two lots. A year ago
the committee disapproved the applicants for three lots but approved
for two lots with a maximum of two properties. They are welcome to build
a tennis court on the so-called third lot. She attended the February 14
Planning Commission meeting and recalled there was hardly any
discussion prior to voting 3-2 for approval. On behalf of The Country
neighbors she demanded the City Council have a thorough discussion if
the Council chooses to vote against the HOA rules. In the past the City
6.2.b
Packet Pg. 46
MARCH 21, 2017 PAGE 15 CITY COUNCIL
required the approval of the local architectural committee prior to
submitting an application to the City and she hopes that the City will
continue to respect The Country’s architectural committee before making
its decision.
M/Lin closed the Public Hearing at 8:02 p.m.
C/Lyons referred to Ms. Lee’s statement that only two homeowners
received notification of tonight’s meeting. She asked staff to reiterate the
public hearing process.
CDD/Gubman said that notices were mailed to all property owners within a
1000 foot radius of the subject property. In the project file there is an
affidavit of mailing that has been signed by the Planning Division secretary
confirming that the mailing had been performed.
C/Lyons asked if the City would normally mail to The Country Estates
office.
CDD/Gubman said that they should be on the mailing list since the office
on Lazy Meadow would be within the 1000 foot radius.
MPT/Low asked if there was sufficient notice for the February 14 Planning
Commission meeting and tonight’s City Council meeting.
CDD/Gubman reiterated that notice is provided at least 10 days prior to
the scheduled meeting date and notification is published in The Tribune
and The Daily Bulletin, via mail to the property owners within 1000 foot
radius, via posting of the Public Hearing Notice Board (4x6 ft.) on the
subject property and within at least 72 hours prior to the hearing, the
agenda is posted in the three conspicuous standard notification bulletin
board areas throughout the City and on the City’s website.
MPT/Low said that a speaker stated that the applicant could go straight to
the County and bypass City ordinances to get approval and asked if that
was correct.
CDD/Gubman said that is not correct. The applicant has to comply with
the Conditions of Approval before they can file a Final Map and the City
Council has to approve the Final Map upon satisfaction of the Conditions
of Approval which include preparation of all of the subdivision
improvement plans to demonstrate the constructability of the site inclu ding
the infrastructure plan, wet and dry utility service to each of proposed
parcels which must be technically reviewed by the City’s Public Works
Engineering Department and the consultants that perform specialized
tasks. Mreover, with the added condition staff has proposed, the City
would require evidence of HOA approval of the subdivision before staff
6.2.b
Packet Pg. 47
MARCH 21, 2017 PAGE 16 CITY COUNCIL
would bring the Final Map to the Council for ministerial approval.
MPT/Low referred to a slide shown during staff’s report that indicated that
Counsel for The Country Estates Homeowners Association had initially
requested a denial, but this evening he stated on the record that he was
agreeable to accepting the conditions and based on his statement, he is
not requesting a denial.
CDD/Gubman said that his understanding of the comment was that their
first choice would be that the Council disapprove this request. If the
Council elected to approve the subdivision, they endorse adoption of a
resolution that includes the added Condition 10.
C/Lyons said that another speaker said that in the past, DBCEA
Architectural Committee approval had to take place prior to approval of a
Tentative Map.
CDD/Gubman said that may be a requirement under the CC&Rs and
Bylaws of The Country but it is not something that the City requires. In
fact, under the City’s Development Code for other development projects
there is a Code Section that specifically forbids the City from requiring any
HOA approvals as a pre-requisite for a city to make a decision on an
entitlement request.
C/Lyons asked if she understood correctly that if the owner were able to
satisfy Condition 10 it would come back to the City Council at a future
meeting.
CDD/Gubman said the matter would come back to the City Council as a
Consent Calendar item with staff report and supporting documentation to
provide evidence that all Conditions of Approval had been satisfied.
C/Tye said he is conflicted because as he read earlier, the City Attorney
has advised that because the City is not a party to CC&Rs. When he
thinks of the number of homeowner associations in this City, whether it is
the new Willow Heights or Montefino, Vantage Point and others, the City
does not get involved in those. But having said that, where does a
resident go if they feel they are being railroaded. The City has conditions
that trash cans will be taken off the street within a certain amount of time
and they will be kept out of view. Diamond Bar has been a City for nearly
28 years and if someone moved here in the last few years they would not
know that it is a regulation of the City of Diamond Bar. Is it possible that
this homeowner does know that the CC&Rs allow him to break up the lot
into two lots and not three lots? The owner is a company. The value of
three lots is a lot more than it is for two lots and if he is that developer and
he is most interested in maximizing his investment, he would go to the
homeowners association to see what he can get done and if he cannot get
6.2.b
Packet Pg. 48
MARCH 21, 2017 PAGE 17 CITY COUNCIL
it done he would go to the Planning Commission. Here is his fear; he
goes to the Diamond Bar Country Estates Homeowners Association and
gets approval or not. He goes to the Planning Commission and gets
approval or not. It is now recommended that the City Council approve it
from the Planning Commission. Does this go from here to the County? If
the City Council approves this tonight, does it then go to the County for
recording? It is unfortunate that this property is contemplated to be
broken up into three lots. When this property was purchased it wa s with
the knowledge that if the owner wanted to divide it, it could be divided
once into one additional property, not twice and not three times and not
what is dictated by the investment. It is frustrating for those property
owners to say they have had this CC&R condition since the 60’s but that
we’re now going to look the other way in 2017. It is a very unique
neighborhood in that is made up of a minimum of one -acre lots and the
restriction is, a property owner will not divide into more than one other l ot.
So given that the City is not bound by the CC&Rs and given that there
should be some kind of protection for these Diamond Bar residents, how
does the City accomplish that? With that additional condition? Is that the
only opportunity to do so?
CDD/Gubman said he is not in a position to verify that there is anything in
the CC&Rs that restricts the subdivision to two lots. That’s what we hear
but the City is not a party to those CC&Rs and cannot address that issue.
Without the safeguards that staff proposes to include in the Conditions of
Approval, namely to provide the evidence of HOA approval of the
subdivision prior to Final Map, theoretically, yes, without that condition
they could satisfy all of the other conditions, have the Final Map approved
and record the Final Map. In doing so, they would be exposing
themselves to any civil liability for breaching any CC&R’s, any deed
restrictions and any other encumbrances upon that property. The
applicants do not unbind themselves from any civil liabilit y although they
may be in conformance with the conditions of approval for a Tentative
Tract Map.
CA/DeBerry explained that the Ordinance can have only certain
requirements in it and there is a very formal process through which the
City Council must move in adopting an ordinance. The Council has to
provide notice, hearing, first reading and second reading. What the
Council cannot do is have some outside document that is not incorporated
into the ordinance now become part of the ordinance and be a criteri a of
approval. There are any number of HOA’s that may or may not have
limitations on development within these residential developments that are
different from the City’s. Some may be more lenient. There may be other
agreements between parties for reciprocal access, restrictions on what
somebody might use for their property and unless the City wants to get
drawn into deciphering and coming to a judgment on what these
agreements say, it can be a real Catch 22. For example, sometimes cities
6.2.b
Packet Pg. 49
MARCH 21, 2017 PAGE 18 CITY COUNCIL
are parties to CC&Rs and they often regret that decision because every
time there is a violation of the CC&R’s what happens is that the HOA goes
to the City to enforce it rather than enforcing it within their own
association. What agreements are made amongst privat e property
owners, cities typically stay out of those and they cannot be added to the
ordinance unless the City gives notice, public hearing, first and second
reading and put it into the ordinance which is why it cannot be considered
to be a requirement. Having said all of that, approval of a Tentative Map
does not in any way, shape or form, amend the CC&Rs. So, whatever the
CC&R’s are when a property owner buys a property, those CC&R’s are
typically recorded which puts the property owner on notice . If the buyer
chooses not to read them, the consequence of that falls on them. What
staff is saying is that the City does not want to get into deciding at this
point in time whether or not the HOA approval is needed for this
subdivision. It is not part of the City’s Ordinance and the City does not
have the ability or flexibility to put that in as part of the criteria. But where
the City does have the flexibility is with the conditions.
There were a couple of comments on the CEQA document that he
responded to. CEQA considers the impacts of the project. He knows
there is a mitigation measure in the event demolition of this significant
house occurs, but this project is not proposing to demolish the house. So
it is really not a project impact. As far as cultural resources, there is a
requirement that the City notify certain Native Indians, but based upon the
staff report, there has been no finding that there are any cultural resources
on the site at all – not in any of the lots. The request from the Indian Tribe
was to merely have a monitor on the site in case some cultural resources
are found.
C/Tye said that what he heard at the beginning of this presentation is that
the City wants to see, if it makes an additional condition, evidence of The
Diamond Bar Country Estates Homeowners Association approval as a
condition. CA/DeBerry said that in the alternative, evidence that their
approval is not required. C/Tye said he heard Mr. Garrison say the
applicant would be happy to go back to the association and nothing he
heard when this deliberation began had to do with the requirement that
they have their (HOA) approval or evidence that the approval is not
required.
MPT/Low stated that during the Planning Commission’s review of projects,
do they consider the health, welfare and aesthetics of a property and is
that applicable in this case and is that applicable to the City Council’s
decision?
CDD/Gubman said that when the Planning Commission is reviewing a
development proposal, yes, the compatibility, the aesthetics, the
landscape design, etc. are considered as part of the project. In reviewing
6.2.b
Packet Pg. 50
MARCH 21, 2017 PAGE 19 CITY COUNCIL
a subdivision there are some basic criteria that address certain aspects.
For example, in the zoning district there are minimum lot size
requirements, minimum lot dimensional requirements and if the property
has certain topographic characteristics, even though the underlying
density is permitted as one dwelling per acre, if there are some steeper
slopes there is a formula that is applied to reduce that density. So even
though the site is 4 acres, for example, because of the hillside condition,
the actual number of lots allowed would be 3. So within the criteria that is
within the Subdivision Code, those are the factors used to define
appropriateness of the subdivision design. The CEQA requirement was a
requirement as well because CEQA specifically states that if an average
slope of a property to be subdivided is more than 20 percent, the project is
no longer exempt from CEQA. If this was a flatland project, it wou ld be
exempt from CEQA. The CEQA requirement triggers the Native American
consultation which gives them the option to consult with the City and ask
to monitor the site so that if during grading any artifacts are encountered,
they are documented, curated, protected and treated with the respect
those Native American tribes would value under those circumstances.
The realm of those qualitative issues are somewhat more quantitatively
defined in the Subdivision Code versus the Development Code.
Ultimately, there is that overriding guidance that the project is subdivided
in a manner that is consistent with the lot pattern and with the context in
which that subdivision is proposed.
MPT/Low said that this subdivision, from a practical standpoint, if it is
approved with the condition to get approval from the homeowners
association, the fact is there would be no development/no subdivision if
the homeowners association could not come to an agreement with the
property owner. What is the legal difference between Coun cil approving it
with the condition compared to Council denying the project until the
approval is obtained?
CA/DeBerry explained that the difference is in the standards. So in
reviewing the Tentative Map, there is a very specific criteria for the City
Council’s review and that is, does it comply with the City’s Subdivision
Ordinance and the Subdivision Map Act. However, there is more flexibility
in attaching conditions to the Final Map approval. There is no provision in
the Ordinance that says “compliance with applicable CC&R’s” will be a
condition of approval of Tentative Map. However, that does not
necessarily flow into the conditions that the City can have for Final Map
approval. The reason is that the City wants property owners to know what
they have to do in order to get compliance with the Tentative Map and if
the City starts adding things that are not in the ordinance, the property
owner does not really have any idea and it becomes a much more
subjective process. Again, this is more of a subjective approval i.e. the
Conditions of Approval are more subjective and this is the time when the
Council can place those conditions on the Final Map approval.
6.2.b
Packet Pg. 51
MARCH 21, 2017 PAGE 20 CITY COUNCIL
MPT/Low said that basically, if the Council denies approval until the
condition is met (agreement of the homeowners) then the Homeowners
Association can add another condition and another condition and there
would be uncertainty on the part of the sub dividers of that contract.
CA/DeBerry said it goes beyond that in that the Council is abdic ating its
role/legislative function, to a private entity. The Council’s role as a
legislative body is to look at the City’s Ordinances and the State Law to
see if the Tentative Map complies. The Council’s discretion is in imposing
conditions on the Tentative Map and Final Map approval.
MPT/Low asked if there was a difference in the standard of the amount of
discretion the Council has at this point compared to no discretion at the
end when it comes to approval of the Final Map which is a ministerial ac t.
CA/DeBerry said there is more discretion at this stage because the
Council can impose conditions. Once it comes to the Final Map it is more
of a ministerial process which goes through the list of conditions and the
Engineer’s Report will tell you whether or not those conditions have been
satisfied. There is some leeway for the City Council to waive certain
conditions based upon certain findings, but the Council typically cannot
add conditions at that time.
M/Lin asked what would happen in the Final Map approval process if
Condition 10 was not added.
CA/DeBerry said that from a practical standpoint, if the Tentative Map
comes forward and this condition is not included, staff would go through its
checklist to see if all conditions had been satisfied and if they were the
Council would have the ministerial obligation to approve the Final Map.
Having said that, the HOA could still try and enjoin development of the
property based upon the CC&Rs, and the HOA is in the business of
enforcing the CC&R’s at all times and not just in this particular instance.
There are likely other situations in which the HOA has had to enforce the
CC&R’s and as indicated by Mr. Harkins tonight, the CC&Rs are a
contractual obligation that the property owner enters into wi th the other
members of the HOA and the HOA itself and they will be applicable to the
property.
M/Lin said that by adding Condition 10 as recommended by staff, the City
is siding with the HOA in a sense.
CA/DeBerry said he would not say the City was siding with the HOA
because the condition is either to show the City the applicant has the
necessary approval or provide evidence that approval is not required
which in part, is what the Council heard this evening. There is a
disagreement about what the CC&R’s require as evidenced by tonight’s
6.2.b
Packet Pg. 52
MARCH 21, 2017 PAGE 21 CITY COUNCIL
speakers and whether or not HOA approval is required.
M/Lin asked if a similar condition had ever been imposed upon another
developer or applicant.
CA/DeBerry said that the City had done so.
C/Lyons moved, C/Herrera seconded, to Adopt Resolution No. 2017-08:
Approving Mitigated Negative Declaration and Tentative Parcel Map No.
72035 for the subdivision of an existing 4.2 acre lot into three lots for the
future development of new single-family residences on the two newly
created lots located at 22702 Timbertop Lane, Diamond Bar, California
(APN 8713-028-012) with the addition of Condition 10 as recommended
by staff. Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS: Herrera, Lyons Tye, MPT/Low,
M/Lin
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
8. COUNCIL CONSIDERATION: None
9. COUNCIL SUBCOMMITTEE REPORTS AND MEETING ATTENDANCE
REPORTS/COUNCIL MEMBER COMMENTS:
C/Lyons thanked staff for their work on the Draft Strategic Plan and Goals. She
likes the new format. She asked that tonight’s meeting be adjourned in memory
of Deputy Wright. Many school children know him as the D.A.R.E. Officer who
visited many of the local schools to talk about the dangers of d rug abuse and
made a huge impact on the children.
C/Herrera reported that she, M/Lin, PWD/Liu and ACM/McLean recently returned
from Washington D.C. after meeting with numerous offices and Legislators. She
thanked PWD/Liu for preparing notebooks and updates of information that were
handed out to the people they visited reminding them again about the SR57/60
Confluence project and that the City is hoping to receive $35 million in a new
application to get started on the right-of-way acquisition and more architectural
and engineering items. The first meeting of the day was with the Department of
Transportation policy staff members and then they met with Congresswoman
Judy Chu, Congresswoman Grace Napolitano, Drew Spence, Office of US
Senator Kamala Harris, Trevor Higgins from the Office of Senator Dianne
Feinstein, and Congressman Ed Royce. The best meeting was probably with
Congressman Royce because he is very enthusiastic about getting approval of
the Fast Lane Grant and bringing new Secretary of Transporta tion Elaine Chao
to the area to see the SR57/60. The group also met with Matt Sturges from the
Transportation and Infrastructure Committee. Everyone was very encouraging
6.2.b
Packet Pg. 53
MARCH 21, 2017 PAGE 22 CITY COUNCIL
and acknowledged the worthiness of this project and getting funding for it and
getting the project done. The previous day the group attended meetings with
Alameda Corridor East Construction Authority as they visited different legislators.
Should the funding become available Caltrans is agreeable to Alameda Corridor
East Construction Authority managing the project. ACE is working on the Lemon
Avenue Interchange and may bring it in under the projected cost. It was an
important trip and important to keep local projects in front of the decision makers
so they do not forget. PWD/Liu got updated letters of recommendation from
everybody including Assembly Member Chen, Senator Newman and Supervisor
Hahn. Thank you to PWD/Liu and ACM/McLean for their superb efforts and to
M/Lin for making the trip. It was a good and productive trip in spi te of the snow.
As the City’s representative to the Southern California Association of
Governments she is on the Regional Counsel for District 37 and her term was up
so she filed to run again for her district seat and she is happy to report that no
one filed against her and absent the need for an election, she will again
represent the City of Diamond Bar for the next two years.
C/Tye said it was a privilege to join his colleagues last weekend to see
Councilwoman Herrera honored with a Pastor’s Award by her church, St. Denis,
for her work over many, many years. She has spent half of her life in public
service starting as a member of the PTA, followed by 16 years on the school
board and 20 plus years on the City Council. Her report was an excellent recap
with what she did with staff and the Mayor which has been 20 plus years in the
making. It is one thing to see it all the way through and keep after it and the City
appreciates her efforts and it was great to see the recognition from St. Denis.
Deputy Wright will be missed. C/Tye’s kids enjoyed his visits to the school and
he was an ever-present effervescent personality and Diamond Bar appreciates
everything he did and he will be missed. Thoughts and prayers go out to his
family.
MPT/Low joined in C/Tye’s eloquent statements regarding C/Herrera and her
honor, congratulations for all of her work at St. Denis. She thanked C/Herrera,
M/Lin and staff for making the trip to Washington D.C. She thanked them for
keeping Diamond Bar’s projects front and center. She encouraged staff to look
at signage on the SR57 that may help alleviate some of the traffic congestion and
possibly prevent collisions. As one travels north from Brea on the SR57 before
getting to the SR60, it is a four lane road and if one is in lane 3 or 4 can turn right
to proceed onto the SR60 and east toward Pomona. If one is in lane 1 or 2 and
approaching the SR60 one believes they will travel westbound on the SR60
toward Los Angeles. However, the reality is the exact opposite so if someone is
in lane 1 or 2 they will actually go eastbound on the Pomona freeway and lanes 3
and 4 will go westbound toward Los Angeles. Many people who do not regularly
travel that interchange will not realize this reality. And if one steps on the brakes
to think about it will create congestion that backs up for miles or to change lanes
quickly might result in a collision. So she is asking staff to talk with Caltrans for a
fix with signage along or over the roadway to alert drivers to proper lane usage.
6.2.b
Packet Pg. 54
MARCH 21, 2017 PAGE 23 CITY COUNCIL
Last Wednesday the Sheriff’s Department announced a reward of $30,000 in
response to a double homicide in Diamond Bar. Anyone who has information
about the event should contact the Sheriff’s Department so they can follow up
and hopefully solve this very sad a nd horrible crime. Yesterday was the first day
of Spring. Just a reminder that bees are busy in neighborhoods and if anyone is
allergic to bees and be prepared with the antidote. There was a lot of rain this
year and everyone should be on the lookout for mosquito breeding grounds in
standing water. Be safe and enjoy wonderful and beautiful Diamond Bar.
M/Lin showed a photo from the Washington, D.C. trip. If Diamond Bar can get
the $35 million it will mean the SR57/60 Confluence project could probably be
accelerated by as much as five years. Even 10 years is a long time but the plan
is to get the project completed before the system completely breaks down.
ADJOURNMENT: With no further business to conduct, M/Lin adjourned the Regular
City Council Meeting at 8:46 p.m. in memory of Deputy Wright.
_____________________________________
TOMMYE CRIBBINS, CITY CLERK
The foregoing minutes are hereby approved this day of , 2017.
JIMMY LIN, MAYOR
6.2.b
Packet Pg. 55
Agenda #: 6.3
Meeting Date: April 4, 2017
TO: Honorable Mayor and Members of the City Council
FROM: James DeStefano, City Manager
TITLE: PARKS AND RECREATION COMMISSION MINUTES:
RECOMMENDATION:
Receive and file.
Attachments:
1. 6.3.a Regular Meeting of September 22, 2016.
6.3
Packet Pg. 56
6.3.a
Packet Pg. 57
6.3.a
Packet Pg. 58
6.3.a
Packet Pg. 59
6.3.a
Packet Pg. 60
6.3.a
Packet Pg. 61
6.3.a
Packet Pg. 62
6.3.a
Packet Pg. 63
Agenda #: 6.4
Meeting Date: April 4, 2017
TO: Honorable Mayor and Members of the City Council
FROM: James DeStefano, City Manager
TITLE: TRAFFIC AND TRANSPORTATION COMMISSION MINUTES:
RECOMMENDATION:
Receive and file.
Attachments:
1. 6.4.a Regular Meeting of February 9, 2017
2. 6.4.b Regular Meeting of January 12, 2017
6.4
Packet Pg. 64
6.4.a
Packet Pg. 65
6.4.a
Packet Pg. 66
6.4.a
Packet Pg. 67
6.4.a
Packet Pg. 68
6.4.a
Packet Pg. 69
6.4.b
Packet Pg. 70
6.4.b
Packet Pg. 71
6.4.b
Packet Pg. 72
6.4.b
Packet Pg. 73
6.4.b
Packet Pg. 74
6.4.b
Packet Pg. 75
6.4.b
Packet Pg. 76
6.4.b
Packet Pg. 77
Agenda #: 6.5
Meeting Date: April 4, 2017
TO: Honorable Mayor and Members of the City Council
FROM: James DeStefano, City Manager
TITLE: RATIFICATION OF CHECK REGISTER DATED MARCH 16, 2017 THROUGH
MARCH 29, 2017 TOTALING $ 1,298,428.16
RECOMMENDATION:
Ratify.
FINANCIAL IMPACT:
Expenditure of $ 1,298,428.16 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 March 16, 2017 through March 29,
2017 for $ 1,298,428.16 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 t he appropriate departmental staff and the
attached Affidavit affirms that the check register has been audited and deemed accurate
by the Finance Director.
PREPARED BY:
6.5
Packet Pg. 78
REVIEWED BY:
Attachments:
1. 6.5.a Ratification Report 4-4-17
2. 6.5.b Check Register 4-4-17
6.5
Packet Pg. 79
6.5.a
Packet Pg. 80
6.5.a
Packet Pg. 81
6.5.b
Packet Pg. 82
6.5.b
Packet Pg. 83
6.5.b
Packet Pg. 84
6.5.b
Packet Pg. 85
6.5.b
Packet Pg. 86
6.5.b
Packet Pg. 87
6.5.b
Packet Pg. 88
6.5.b
Packet Pg. 89
6.5.b
Packet Pg. 90
6.5.b
Packet Pg. 91
6.5.b
Packet Pg. 92
6.5.b
Packet Pg. 93
6.5.b
Packet Pg. 94
Agenda #: 6.6
Meeting Date: April 4, 2017
TO: Honorable Mayor and Members of the City Council
FROM: James DeStefano, City Manager
TITLE: TREASURER'S STATEMENT FOR FEBRUARY, 2017.
RECOMMENDATION:
Approve.
FINANCIAL IMPACT:
No Fiscal Impact
BACKGROUND:
Per City policy, the Finance Departme nt presents the monthly Treasurer’s Statement for
the City Council’s review and approval. This statement shows the cash balances with a
breakdown of various investment accounts and the yield to maturity from investments.
This statement also includes an investment portfolio management report which details
the activities of investments. All investments have been made in accordance with the
City’s Investment Policy.
PREPARED BY:
REVIEWED BY:
Attachments:
6.6
Packet Pg. 95
1. 6.6.a Feb'17 Treasurer's Report
2. 6.6.b Feb'17 Investment Portfolio Summary
6.6
Packet Pg. 96
6.6.a
Packet Pg. 97
6.6.a
Packet Pg. 98
6.6.b
Packet Pg. 99
6.6.b
Packet Pg. 100
6.6.b
Packet Pg. 101
6.6.b
Packet Pg. 102
Agenda #: 6.7
Meeting Date: April 4, 2017
TO: Honorable Mayor and Members of the City Council
FROM: James DeStefano, City Manager
TITLE: APPROPRIATE $20,000.00 FROM THE BUILDING FACILITY &
MAINTENANCE FUND TO THE CAPITAL IMPROVEMENT FUND FOR THE
DIAMOND BAR CENTER ROOF REHABILITATION PROJECT (25617);
ADOPT RESOLUTION 2017-XX APPROVING THE SPECIFICATIONS AND
ESTABLISHING A PAYMENT ACCOUNT; AWARD THE CONSTRUCTION
CONTRACT TO DANNY LETNER INC. DBA/LETNER ROOFING CO. IN THE
AMOUNT OF $153,000.00 AND AUTHORIZE A CONTINGENCY AMOUNT
OF $4,500.00 (3% OF THE TOTAL CONTRACT) FOR CONTRACT CHANGE
ORDERS TO BE APPROVED BY THE CITY MANAGER, FOR A TOTAL
AUTHORIZATION AMOUNT OF $157,500.00
RECOMMENDATION:
Appropriate, Adopt, Award and Authorize.
FINANCIAL IMPACT:
The Diamond Bar Center Roof Rehabilitation Project is included in the FY16/17 CIP
budget in the amount of $137,500.00. After publicly opening the sealed bids, the
apparent low bidder proposal is $153,000. To authorize the construction of this project,
an additional $20,000.00 will need to be transferred from the Building Facility &
Maintenance Fund to the Capital Improvement Fund, which i ncludes a $4,500.00
contingency, for a total authorization amount of $157,500.00 . The contingency amount
of $4,500.00 for Danny Letner Inc. DBA/Letner Roofing Co. will only be used in the
event of unforeseen circumstances that will warrant a contract change order.
BACKGROUND/ DISCUSSION:
The City’s roofing maintenance contractor, Weatherproofing Technologies, Inc.,
provided a comprehensive report for staff to track and schedule the current and future
roofing maintenance needs at our Facilities.
Current and Future Diamond Bar Center Roofing Projects Estimated Cost
6.7
Packet Pg. 103
FY16/17 - Sections A,B and C $125,000.00
• FY17/18 - Sections F and I $100,000.00
• FY18/19 - Sections E and G $50,000.00
• FY19/20 - Sections H, J and K $100,000.00
In this current fiscal year, this project includes roof re-coating preparation, application of
fluid-applied roof membrane and flashings over existing membrane roofing and
restoration of metal flashings and duct work located in Sections A, B, and C. Staff
received six (6) bids, with the low bid from Letner Roofing Co. for $153,000.00 and five
other bids ranging to a high of $216,326.00. This project was estimated to cost
$125,000.00 to complete. Due to increase s in labor and material costs and the weather
over the last year roofing cost have increased.
Company Bid Amount
1. Letner Roofing Inc. $153,000.00
2. Rite-Way Roof Corp. $158,936.00
3. Chapman Coast Roof $161,000.00
4. Brazos Urethane $171,317.00
5. Commercial Roofing $192,580.00
6. Best Contracting Services $216,326.00
After completing a reference and contractor license check on Danny Letner Inc.
DBA/Letner Roofing Co. staff feels confident that they can complete the project per the
contract specifications. The project schedule is thirty (30) working days tentatively set
as follows:
Award of Contract April 4, 2017
Start of Construction May 2017
Completion of Construction June 2017
PREPARED BY:
6.7
Packet Pg. 104
REVIEWED BY:
REVIEWED BY:
REVIEWED BY:
Attachments:
1. 6.7.a Diamond Bar Center Roof Map
2. 6.7.b RESOLUTION 2017-XX
3. 6.7.c PUBLIC WORKS Contract for Diamond Bar Center Roof Rehabilitation
Project
6.7
Packet Pg. 105
Attachments A 6.7.a
Packet Pg. 106
At
t
a
c
h
m
e
n
t
s
A
6.7.a
Packet Pg. 107
1
RESOLUTION NO. 2017-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR APPROVING THE DESIGN AND SPECIFICATIONS FOR THE
DIAMOND BAR CENTER ROOF 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 Weatherpoofing Technologies, Inc. (“Consultant”) to
design and prepare the Specifications for the Diamond Bar roof
rehabilitation project;
B. The Consultant informed the City Engineer that these Specifications are
complete and that construction of the Project may begin;
C. The City Engineer reviewed the completed design and Specifications for
the Project and agrees with the Consultant that the Specifications 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 Specifications 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 Specifications
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
6.7.b
Packet Pg. 108
2
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 4th day of April, 2017.
________________________
Jimmy Lin, Mayor
I, Tommye A. Cribbins, City Clerk of the City of Diamond Bar, California, do hereby
certify that the foregoing Resolution was duly and regularly passed, approved and
adopted by the City Council of the City of Diamond Bar, California, at its regular meeting
held on the 4th day of April, 2017, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAINED: COUNCILMEMBERS:
____________________________________
Tommye A. Cribbins, City Clerk
6.7.b
Packet Pg. 109
952059.1 1
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
Danny Letner Inc. DBA/Letner Roofing Co. 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 Danny Letner Inc. DBA/Letner
Roofing Co. and;
WHEREAS, City has authorized the Mayor to execute a written contract with
Contractor for furnishing labor, equipment and material for the Diamond Bar Center
Roof Rehabilitation Project 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 Diamond
Bar Center Roof Rehabilitation Project in the City of Diamond Bar. The work to be
performed in accordance with the specifications, dated February 13, 2017 (The
Specifications) on file in the office of the City Clerk and in accordance with bid price s
hereinafter mentioned and in accordance with the instructions of the City Engineer.
2. INCORPORATED DOCUMENTS TO BE CONSIDERED
COMPLEMENTARY: The Specifications are incorporated herein by reference and
made a part hereof with like force and effect as if set forth in full herein. The
Specifications, Contractor’s Bid dated March 7, 2017, 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 be tween 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, perform ing all
work, and fulfilling all obligations hereunder. Said compensation in the amount of One
hundred fifty three thousand dollars ($153,000.00) shall cover all expenses, losses,
damages, and consequences arising out of the nature of the work during its p rogress 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, unfore seen 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.
4. TERM OF CONTRACT: Contractor agrees to complete the work within
Thirty (30) working days from the date of the notice to proceed.
6.7.c
Packet Pg. 110
952059.1 2
Contractor agrees further to the assessment of liquidated damages in the amount
of ($500.00) 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 sub-contractor to commence work
on his sub-contract until all insurance required of the sub-contractor 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 sub-contractors in carrying out the work specified herein, in ac cordance 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."
b. 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.
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:
6.7.c
Packet Pg. 111
952059.1 3
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 sub-
contractor 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.
f. 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
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
6.7.c
Packet Pg. 112
952059.1 4
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, 218 10 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 sub-contractor under him.
Contractor and any of its sub-contractors 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 wo rks 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 Contractors on
the public works site are making such contributions.
Contractor and sub-contractor 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 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.
6.7.c
Packet Pg. 113
952059.1 5
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 C ontractor, of its
sub-contractors 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 ou t of or in connection
with the work, operation, or activities of Contractor, its agents, employees, sub-
contractors 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.
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 righ ts 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
6.7.c
Packet Pg. 114
952059.1 6
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 again st the Indemnitees, while acting
within the scope of their duties, from all claims, lo sses and liabilities arising out of or
incident to activities or operations performed by or on behalf of the C ontractor
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 pe rson. 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 C ontractor at least thirty
(30) days prior to the date of termination specified in the notice. In the eve nt of such
termination, Contractor shall only be paid for services rendered and expenses
necessarily incurred prior to the effective date of termination and those reasonably
necessary to effectuate the termination. Contractor shall not be entitled to any claim for
lost profits.
State of California
Contractor’s License No. 689961__________________
Contractor’s Business Phone (714) 633-0030
6.7.c
Packet Pg. 115
952059.1 7
Contractor’s emergency phone which can be reached at any time: (714) 633-0030
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: _____________________________________
Jimmy Lin, MAYOR
__________________________
Date
ATTEST:
By: _____________________________________
TOMMYE CRIBBINS, CITY CLERK
__________________________
Date
APPROVED AS TO FORM:
_____________________________________
CITY ATTORNEY
_____________________________
Date
*NOTE: If Contractor is a corporation, the City requires the following
signature(s):
-- The Chairman of the Board, the President or a Vice-President, AND (2)
the Secretary, the Chief Financial Officer, the Treasurer, an Assistant
Secretary or an Assistant Treasurer. If only one corporate officer exists or
6.7.c
Packet Pg. 116
952059.1 8
one corporate officer holds more than one corporate office, please so
indicate. OR
-- The corporate officer named in a corporate resolution as authorized to
enter into this Agreement. A copy of the corporate resolution, certified by
the Secretary close in time to the execution of the Agreement, must be
provided to the City.
6.7.c
Packet Pg. 117
Agenda #: 6.8
Meeting Date: April 4, 2017
TO: Honorable Mayor and Members of the City Council
FROM: James DeStefano, City Manager
TITLE: SECOND READING ORDINANCE 02 (2017) OF THE CITY OF DIAMOND
BAR AMENDING TITLE 10, BY ADDING SECTION 10.16.215 TO THE
DIAMOND BAR MUNICIPAL CODE PROHIBITING THE OVERNIGHT
PARKING OF VEHICLES IN CITY-OWNED PARKING LOTS
RECOMMENDATION:
Adopt
FINANCIAL IMPACT:
The cost of required sign installation is minimal and can be accommodated within the
existing Public Works adopted FY 2016/17 budget.
BACKGROUND:
The primary purpose for parking at City facilities is to provide a place where persons
can temporarily park their vehicles in order to access programs and services during the
facility’s hours of operation. City-owned parking lots are not intended to be locations
where persons can leave their vehicle parked overnight or for other parking purposes.
The attached Ordinance would amend Title 10 of the Diamond Bar Municipal Code to
prohibit the overnight parking of private vehicles in City-owned parking lots. In an effort
to enhance building security, enacting the proposed ordinance will allow law
enforcement to effectively ensure only authorized vehicles are parked in City -owned lots
overnight.
The proposed amendment to Title 10, Vehicles and Traffic, of the Diamon d Bar
Municipal Code, would add a new Section 10.16.215 to prohibit overnight parking in
City-owned parking lots. It provides as follows: “No person shall stop, stand or park any
vehicle on any City-owned parking lot between the hours of 2:00 am and 5:00 am. The
City Engineer shall erect and maintain adequate signs on City-owned parking lots
specifying the limitation on the time of parking. Nothing in this section shall apply to
government owned vehicles operated by the City, the Los Angeles County Sheriff ’s
Department or any other emergency responders. Those in violation of this section may
be issued a parking citation.”
6.8
Packet Pg. 118
In the event that individuals park their vehicles during the restricted hours, the Los
Angeles County Sheriff’s Department may issue citations per Diamond Bar Municipal
Code Section 10.50.04. The penalty for this infraction is $60.00, an amount previously
adopted for parking violations by the City Council.
LEGAL REVIEW:
The City Attorney has reviewed the Ordinance and approved as to for m and content.
PREPARED BY:
REVIEWED BY:
REVIEWED BY:
Attachments:
1. 6.8.a Ordinance No. 02 (2017)
6.8
Packet Pg. 119
ORDINANCE NO. 02 (2017)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR
PROHIBITING THE OVERNIGHT PARKING OF VEHICLES IN CITY-OWNED
PARKING LOTS
A. RECITALS
THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, HEREBY FINDS AND
DETERMINES AS FOLLOWS:
1. The primary purpose for parking at City facilities is to provide a place where persons can
temporarily park their vehicles in order to access programs and services during a facility’s hours of
operation.
2. City-owned parking lots are not intended to be locations where persons can leave their
vehicles parked overnight or for parking for non-City purpose.
3. Keeping City-owned parking lots free of vehicles during hours in which no City business
is conducted at the City facility will enhance building security.
Now, therefore, the City Council of the City of Diamond Bar does ordain as follows:
Section 1. Section 10.16.215 is added to the Diamond Bar Municipal Code to provide as follows:
"Section 10.16.215. – Overnight parking in City-owned parking lots.
No person shall stop, stand or park any vehicle on any City-owned parking lot between the hours
of 2:00 am and 5:00 am. The City Engineer shall erect and maintain adequate signs on City -owned
parking lots specifying the limitations on the time of parking. Nothing in this section shall apply to
government owned vehicles operated by the City, the Los Angeles County Sheriff’s Department or any
other emergency responders. Those in violation of this section may be issued a parking citation.”
Section 2. Severability. If any section, clause, phrase, word or portion of this Ordinance is, for
any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction,
such decision shall not affect the validity of the remain ing portions of this Ordinance. The City Council
hereby declares that it would have adopted this Ordinance and each other section, clause, phrase,
word or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions,
sentences, clauses, phrases, words or portions thereof be declared invalid or unconstitutional.
Section 3. The City Clerk shall certify to the passage and adoption of this Ordinance and shall
cause the same, or the summary thereof, to be published and p osted within fifteen (15) days after this
Ordinance is passed and adopted in the Office of the City Clerk and two additional places, together
with the vote for and against the same.
6.8.a
Packet Pg. 120
______________________________
Jimmy Lin, Mayor
ATTEST: APPROVED AS TO FORM:
Tommye Cribbins, City Clerk David DeBerry, City Attorney
I, Tommye Cribbins, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing
Ordinance was introduced at a regular meeting of the City Council of the City of Diamond Bar held on
the _______________ day of ______________, 2017 and was finally adopted at a regular meeting of
the City Council of the City of Diamond Bar held on __________ day of ____________, 2017, by the
following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
__________________________
Tommye A. Cribbins, City Clerk
6.8.a
Packet Pg. 121
Agenda #: 6.9
Meeting Date: April 4, 2017
TO: Honorable Mayor and Members of the City Council
FROM: James DeStefano, City Manager
TITLE: ADOPT RESOLUTION NOS. 2017-XX, 2017-XX, 2017-XX ORDERING THE
CITY ENGINEER TO PREPARE AND TO FILE A REPORT RELATED TO
MAINTENANCE OF IMPROVEMENTS IN THE CITY OF DIAMOND BAR
LANDSCAPING ASSESSMENT DISTRICT NOS. 38, 39, AND 41 AND ANY
ASSESSMENT THEREON FOR FISCAL YEAR 2017-18.
RECOMMENDATION:
Adopt.
FINANCIAL IMPACT:
For Fiscal Year 2016-2017, a total budget of $16,500 has been approved for the
assessment engineering services needed for the City’s three assessment districts.
$5,500 has been approved for the assessment engineering services needed for District
No. 38, $5,500 has been approved for the assessment engineering services needed for
District No. 39, and $5,500 has been approved for the assessment engineering services
needed for District No. 41.
BACKGROUND/DISCUSSION:
LLAD #38 - The City has an annual program for the maintenance of landscaped
medians as well as parkway improvements, and intends to continue said program by
special assessments upon lands within the City. Funds must be provided to enable
District No. 38 to continue its operation during the 2017 -2018 Fiscal Year. Of the City’s
three Districts, District No. 38 encompasses the whole City and is illustrated on Exhibit
“A-1” Map.
LLAD #39 - The City has an annual program for the maintenance of landscaping as well
as open space improvements, and intends to continue said program by special
assessments upon lands within the District. Funds mus t be provided to enable District
No. 39 to continue its operation during the 2017 -2018 Fiscal Year. Of the City’s three
Districts, District No. 39 encompasses a specific part of the City as illustrated on Exhibit
“A-2” Map.
6.9
Packet Pg. 122
LLAD #41 - The City has an annual program for the maintenance of landscaping as well
as open space improvements, and intends to continue said program by special
assessments upon lands within the District. Funds must be provided to enable District
No. 41 to continue its operation during the 2017-2018 Fiscal Year. Of the City’s three
Districts, District 41 encompasses the southwesterly part of the City as illustrated on
Exhibit “A-3” Map.
As part of these assessment districts update, the City must undergo a three -step
process. First, the City initiates the process by adopting resolutions ordering the City
Engineer to prepare and file an engineer’s report for each district. Second, the report is
finalized and presented to the City Council who, in turn, adopts resolutions of intention
that are set for a Public Hearing. Lastly, a Public Hearing is held at a City Council
meeting where all three Assessment Districts are approved and confirmed, resulting in
the adoption of a resolution confirming the levy of assessments. Throughout the entire
process, all proceedings for the maintenance of improvements will be pursuant to the
provisions of the Landscape and Lighting Act of 1972 of Part 2 of Division 15 of the
Streets and Highways Code of the State of California.
PREPARED BY:
REVIEWED BY:
REVIEWED BY:
Attachments:
1. 6.9.a LLAD 38 RESO 2017-XX
2. 6.9.b LLAD 39 RESO 2017-XX
3. 6.9.c LLAD 41 RESO 2017-XX
6.9
Packet Pg. 123
RESOLUTION NO. 2017-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR ORDERING THE CITY ENGINEER TO PREPARE AND TO FILE A
REPORT RELATED TO MAINTENANCE OF PUBLIC IMPROVEMENTS
IN THE CITY OF DIAMOND BAR ASSESSMENT DISTRICT NO. 38 AND
ANY ASSESSMENT THEREON FOR FISCAL YEAR 2017-18
A.RECITALS
(i) Heretofore the City of Diamond Bar Assessment District No. 38 was created
pursuant to Part 2 of Division 15 of the California Streets and Highways Code (§§ 22500,
et. seq.).
(ii) California Streets and Highways Code § 22622 provides that this Council shall
adopt a resolution generally describing any proposed new improvements or substantial
changes in existing improvements in such a district and ordering the City Engineer to
prepare and file a report related to annual maintenance and assessment in such a district.
(iii) No new improvements or substantial changes in existing improvements are
proposed for said Landscaping Assessment District No. 38.
(iv) All legal prerequisites to the adoption of this Resolution have occurred.
B.RESOLUTION
NOW, THEREFORE, THE City Council of the City of Diamond Bar does hereby
find, determine and resolve as follows:
1.The Recitals, as set forth in Part A of this Resolution, are in all
respects true and correct.
2.The City Engineer hereby is ordered and directed to prepare an
annual report as specified in California Streets and Highways Code §§
22565, et seq., with respect to City of Diamond Bar Assessment District No.
38 for Fiscal Year 2017-18.
6.9.a
Packet Pg. 124
3. The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this day of , 2017.
Jimmy Lin, Mayor
I, TOMMYE A. CRIBBINS, City Clerk of the City of Diamond Bar, do hereby certify that
the foregoing Resolution was passed, approved and adopted at a regular meeting of the
City Council of the City of Diamond Bar held on the day of , 2017, by the
following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
ATTEST:
Tommye A. Cribbins, City Clerk
2
6.9.a
Packet Pg. 125
6.9.a
Packet Pg. 126
RESOLUTION NO. 2017-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR ORDERING THE CITY ENGINEER TO PREPARE AND TO FILE A
REPORT RELATED TO MAINTENANCE OF OPEN SPACE IN THE CITY
OF DIAMOND BAR ASSESSMENT DISTRICT NO. 39 AND ANY
ASSESSMENT THEREON FOR FISCAL YEAR 2017-18.
A.RECITALS
(i) Heretofore the City of Diamond Bar Assessment District No. 39 was created
pursuant to Part 2 of Division 15 of the California Streets and Highways Code (§§ 22500,
et. seq.).
(ii) California Streets and Highways Code § 22622 provides that this Council shall
adopt a resolution generally describing any proposed new improvements or substantial
changes in existing improvements in such a district and ordering the City Engineer to
prepare and file a report related to annual maintenance and assessment in such a district.
(iii) No new improvements or substantial changes in existing improvements are
proposed for said Landscaping Assessment District No. 39.
(iv) All legal prerequisites to the adoption of this Resolution have occurred.
B.RESOLUTION
NOW, THEREFORE, THE City Council of the City of Diamond Bar does hereby
find, determine and resolve as follows:
1.The Recitals, as set forth in Part A of this Resolution, are in all
respects true and correct.
2.The City Engineer hereby is ordered and directed to prepare an
annual report as specified in California Streets and Highways Code §§
22565, et seq., with respect to City of Diamond Bar Assessment District No.
39 for Fiscal Year 2017-18.
6.9.b
Packet Pg. 127
3. The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this day of , 2017.
Jimmy Lin, Mayor
I, TOMMYE A. CRIBBINS, City Clerk of the City of Diamond Bar, do hereby certify
that the foregoing Resolution was passed, approved and adopted at a regular meeting of
the City Council of the City of Diamond Bar held on the day of , 2017, by the
following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
ATTEST:______________________________________
Tommye A. Cribbins, City Clerk
2
6.9.b
Packet Pg. 128
6.9.b
Packet Pg. 129
RESOLUTION NO. 2017-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR ORDERING THE CITY ENGINEER TO PREPARE AND TO FILE A
REPORT RELATED TO MAINTENANCE OF OPEN SPACE IN THE CITY
OF DIAMOND BAR ASSESSMENT DISTRICT NO. 41 AND ANY
ASSESSMENT THEREON FOR FISCAL YEAR 2017-18
A.RECITALS
(i) Heretofore the City of Diamond Bar Assessment District No. 41 was created
pursuant to Part 2 of Division 15 of the California Streets and Highways Code (§§ 22500,
et. seq.).
(ii) California Streets and Highways Code § 22622 provides that this Council shall
adopt a resolution generally describing any proposed new improvements or substantial
changes in existing improvements in such a district and ordering the City Engineer to
prepare and file a report related to annual maintenance and assessment in such a district.
(iii) No new improvements or substantial changes in existing improvements are
proposed for said Landscaping Assessment District No. 41.
(iv) All legal prerequisites to the adoption of this Resolution have occurred.
B.RESOLUTION
NOW, THEREFORE, THE City Council of the City of Diamond Bar does hereby
find, determine and resolve as follows:
1.The Recitals, as set forth in Part A of this Resolution, are in all
respects true and correct.
2.The City Engineer hereby is ordered and directed to prepare an
annual report as specified in California Streets and Highways Code §§
22565, et seq., with respect to City of Diamond Bar Assessment District No.
41 for Fiscal Year 2017-18.
6.9.c
Packet Pg. 130
3. The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this day of , 2017.
Jimmy Lin, Mayor
I, TOMMYE A. CRIBBINS, City Clerk of the City of Diamond Bar, do hereby certify
that the foregoing Resolution was passed, approved and adopted at a regular meeting of
the City Council of the City of Diamond Bar held on the day of , 2017, by the
following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
ATTEST:_____________________________
Tommye A. Cribbins, City Clerk
2
6.9.c
Packet Pg. 131
6.9.c
Packet Pg. 132
Agenda #: 6.10
Meeting Date: April 4, 2017
TO: Honorable Mayor and Members of the City Council
FROM: James DeStefano, City Manager
TITLE: AWARD A THREE-YEAR CONTRACT TO MARIPOSA LANDSCAPES, INC.
FOR PROFESSIONAL LANDSCAPE MAINTENANCE SERVICES WITHIN
LIGHTING AND LANDSCAPE MAINTENANCE DISTRICTS (LLMDS) 38, 39
AND 41 IN THE NOT-TO-EXCEED ANNUAL AMOUNT OF $366,576.
RECOMMENDATION:
Approve.
FINANCIAL IMPACT: The total annual contract amount with Mariposa Landscapes,
Inc. will be $366,576 which includes $336,576 for LLMD maintenance and $30,000 for
as needed maintenance tasks. Funds will be included in the proposed 2017/18 FY
operating budget. Contract pricing for year 1 to year 3 will be fixed pricing. Subsequent
contract renewals will be limited to the CPI.
BACKGROUND: The locations to be maintained are as follows:
1. LLMD 38
2. LLMD 39 (less parks) including trails
3. Longview Park South- LLMD 39
4. Longview Park North- LLMD 39
5. Stardust Park- LLMD 39
6. Silvertip Park and Trail- LLMD 39
7. Summitridge Mini-Park- LLMD 39
8. LLMD 41
DISCUSSION: The City’s agreement for landscape maintenance services with our
current provider, Excel Landscape, expires on June 30, 2017. Prior to this expiration
date, staff determined that the RFP (Request for Proposals) process would provide the
City the best opportunity to receive contemporary proposals from current as well as new
prospective contractors. Additionally, the proposals would give the City a good
6.10
Packet Pg. 133
indication of the current market rates for LLMD landscape maintenance services.
In preparation of the RFP, the City’s specifications for the maintenance of Diamond Bar
LLMDs 38, 39 and 41 were updated and included to reflect the needs and expected
service levels of all LLMDs. Updates include the addition of trail maintenance
responsibilities to the prospective contractor’s scope of work.
In February 2017, an RFP was advertised for landscape maintenance services for
LLMDs. The RFP was posted on the City’s website, and qualified contractors had until
March 16, 2017 to submit a proposal. The City received a total of four (4) proposals for
consideration, in alphabetical order: Excel Landscape, Mariposa Landscapes, MCE and
Nova Landscape. All proposers met the minimum requirements of the RFP except for
Nova Landscape who was disqualified. The minimum requirements were as follows:
Firms must hold a valid C-27 Landscape Contractor’s license.
Licenses must be in good standing for the previous five (5) years.
Must list key personnel (i.e. project team with relevant experience in municipal
landscape) that will be performing the work.
Must have at least three (3) municipal multi-year contracts of similar scope within
the last five (5) years.
Must include a quality control plan.
Staff evaluated the proposals summarized below:
Contractor Monthly Fee Annual Fee
Excel Landscape $36,460 $437,520
Mariposa Landscapes $28,048 $336,576
MCE $27,224 $326,698
The abovementioned three (3) contractors are all full service landscape companies with
experience providing landscape maintenance services to other municipalities. While all
of the proposals were complete and demonstrated competencies in providing the
required services, Mariposa Landscapes was selected based on the strength and
thoroughness of their proposal as well as their competitive pricing. Key considerations
used to select Mariposa are as follows:
Technical ability and experience similar to the scope of work.
Ability to perform full service landscape construction.
Ability to provide full service tree care if needed.
Current list of municipal contracts.
Corporate capability and adequate financial resources.
Mariposa Landscapes is a company based out of Irwindale, California with a staff of
over 600 employees. They have been in business for over 30 years and currently
provide similar landscape services to the Cities of Rancho Cucamonga, Tustin, Santa
Ana, Moreno Valley and Arcadia.
6.10
Packet Pg. 134
It is recommended that the City Council approve the three -year agreement with
Mariposa Landscapes to provide landscape maintenance services within the City
LLMDs based on the company’s experience, work history and performance.
PREPARED BY:
REVIEWED BY:
REVIEWED BY:
Attachments:
1. 6.10.a REQUEST FOR PROPOSAL Lighting and Landscape Maintenance
Districts
2. 6.10.b Sample MAINTENANCE SERVICES AGREEMENT Mariposa Landscape
3. 6.10.c Mariposa Landscape Proposal 2017
6.10
Packet Pg. 135
1
REQUEST FOR PROPOSALS
The City of Diamond Bar is seeking responses from qualified
contractors to provide professional Landscape Maintenance Services
for the community.
Landscape Maintenance
Services
Lighting and Landscape
Maintenance Districts 38, 39 and 41
Proposals Due: 3:00 P.M. on Thursday, March 16, 2017
City of Diamond Bar Public Works Department
21810 Copley Drive, Diamond Bar, CA 91765 (909) 839 -7060
6.10.a
Packet Pg. 136
2
I. GENERAL INFORMATION
The City of Diamond Bar is soliciting proposals from qualified firms to provide regular
landscape services for the maintenance of Lighting and Landscape Maintenance Districts
(LLMDs). Maintenance responsibilities will include maintenance of parks, medians,
parkways, slopes and trails within the LLMDs. LLMD 38 contains medians, parkways and
turf along major arterials. LLMD 39 contains 5 parks with approximately 7 develop ed
acres, 14.67 acres of slopes, 38.73 acres of brush and approximately four (4) miles of
hiking trails. LLMD 41 contains approximately 18,000 sf. of turf, 12 acres of slopes and 3
acres of brush.
The purpose of this maintenance contract is to provide the City of Diamond Bar with the
best possible landscape care to maintain the City at a level expected by the City’s
residents, City Council, City staff, and visitors of the community. The selected contractor
will work closely with the Parks and Maintenance Superintendent to ensure the most
appropriate care and maintenance of the City’s LLMDs.
It is the intent of the City to award a contract, in a form approved by the City Attorney, to
the selected firm (see Exhibit “C”). The City reserves the right to further negotiate the
terms and conditions of the contract. The City shall retain the right to reject any proposal
for noncompliance with contract requirements and provisions, or to not award a contract
because of unforeseen circumstances or if it is determined to be in the best interest of the
City. This contract will be awarded based on demonstrated ability and performance
providing similar services at a fair and reasonable cost. This contract may not be awarded
to the company submitting the proposal with the lowest costs. Th e City Council will
approve as part of the annual budget an annual contract amount. The City does not
guarantee a specific amount of work and the quantity of work may increase or decrease
depending on the annual needs of the City. The proposed contract will be for a period of
three (3) years commencing July 1, 2017, with the option, at the City’s sole discretion, to
award up to three (3) additional years upon successful demonstration of exemplary
contract performance.
II. PROPOSAL SUBMISSION INSTRUCTIONS
Schedule
Post RFP: February 28, 2017
Questions Due Date: March 9, 2017
Proposal Due Date: March 16, 2017
Tentative Award Date: April 4, 2017
All proposals must be submitted in a sealed envelope, addressed to the City Clerk by the
deadline: Thursday, March 16, 2017. Each sealed envelope containing an original
Proposal and three (3) copies must be plainly marked on the outside as “Do Not Open-
Fee Proposal For Landscape Maintenance Services Within Lighting and Landscape
Maintenance Districts” with Contractor’s name, address, and his/her license number.
6.10.a
Packet Pg. 137
3
Proposals may be mailed, delivered in person and address as follows:
City of Diamond Bar
c/o City Clerk Division
21810 Copley Drive
Diamond Bar, California 91765
III. INQUIRIES or QUESTIONS
Contractors must carefully examine this RFP and any addenda that may be posted on
the City’s website prior to submission of their proposal. Contractors must seek
clarification of any ambiguity, conflict, omission or other error in this RFP in writing prio r
to submission of their proposal. If an answer materially affects the RFP, the information
will be incorporated into an addendum and distributed to all contractors via the City’s
website; no other contact shall be made by the City to contractors regarding addenda to
the RFP.
It shall be the contractor’s sole responsibility to check the City’s website at
http://www.cityofdiamondbar.com/index.aspx?page=1287 to determine if any addenda
have been posted prior to the proposal due date.
RFP Contact: Anthony Jordan, Parks and Maintenance Superintendent
Email: Ajordan@diamondbarca.gov
Address: 21810 Copley Drive, Diamond Bar, CA. 91765
IV. SELECTION PROCESS
Each proposal will be evaluated based on firm qualifications and the required submittals.
Firm selection will be made by utilizing the criteria described in this document. Each firm
will be evaluated on their qualification submissions. All firms will be notified as to the
results of this evaluation. The evaluation criteria used in the selection process includes,
but is not limited to, the following:
A. Quality & Completeness of Proposal
1. Relevance & Conciseness of Proposal and Statement of Qualifications
2. Work Statement and Quality Control Plan
B. Corporate Capability
1. Qualifications and experience of key personnel
2. Quantity and types of equipment
3. The ability of the firm to provide the proper insurance coverage
4. Financial ability of the firm to provide services to the City of Diamond Bar
5. Internal training program for employees.
6. Equipment
7. Greenwaste recycling capabilities
8. Requirement to execute City Contract per attached sample
6.10.a
Packet Pg. 138
4
C. Reference Evaluation
1. Customer Service Record
2. Performance record of the firm relating to the Project Schedule of similar
scale
3. Quantity and Quality of work previously performed
4. References
D. Facility Evaluation
1. The firm’s customer service program
2. Equipment maintenance facility
3. The firm’s plan to recycle generated greenwaste from maintenance
activities.
G. Fee Schedule
1. An evaluation of the firm’s Fee Schedule
V. REQUIRED QUALIFICATIONS TO BE SUBMITTED WITH PROPOSAL
Award will be made to the firm who best meets the City’s requirements . All firms
submitting proposals must hold a valid State of California C-27 Contractor’s License.
Licenses must be in good standing for the previous five (5) consecutive years without any
official unresolved record of complaints registered or filed with the Board or California
Department of Consumer Affairs.
Proposals shall include a list of all key personnel that will be performing the work outlined
in the contract. Personnel must be qualified and trained in the landscape maintenance
industry. This will include the staffing of an on-site Superintendent who shall be fluent in
the English language. At all times during contracted landscape maintenance activities,
the firm shall have work crews on site that are represented b y an English speaking
Superintendent who can receive and carry out instructions given by proper authorities.
The firm shall be held liable for the faithful observance of any lawful instructions of the
City, not in conflict with the contract, which may be delivered to said party or his
representatives on the work.
Proposals shall include a list of at least three (3) similar and separate Southern California
municipal multi-year landscape maintenance contracts which have been successfully
completed within the last five (5) years. Each project shall be of comparable size and
scope of this project (descriptions of these projects and contact persons must be provided
with proposal submission).
Proposals shall include a Quality Control Plan with an effective and efficient means of
identifying and correcting problems throughout the entire scope of operations. The
successful contractor shall be required to comply with this quality control throughout the
term of the contract. Contractors shall include with th e proposal a copy of their current
Safety Manual that meets SB 198 requirements for injury and illness prevention.
6.10.a
Packet Pg. 139
5
VI. SUBMITTALS
Firms wishing to have their proposals considered for this contract shall submit the
following, as a minimum:
A. Proposal form provided. See pages 7 and 8.
B. A statement of firm’s qualifications applicable to this contract, including the
following:
1. State of California Contractor’s License number and expiration date, C-27.
2. Names, qualifications and proposed duties of key personnel to be assigned
to this project. The firm shall identify a full-time English speaking Site
Superintendent, who is capable of communicating with any City
representative and be authorized to act on behalf of the firm.
3. List of staff qualifications including but not limited to:
a. California State Licensed Pest Control Advisor employed by the firm.
b. California State Licensed Pest Control Applicator employed by the
firm.
c. Irrigation Technicians.
4. Technical ability and experience similar in scope to this contract.
5. Statement of past project disqualification(s) and litigation.
6. Quality Control Plan.
7. Customer Service Program.
8. Safety Training Program.
9. Industrial Safety Record.
10. Letters of Reference.
C. A description of previous experience, including projects of similar nature.
D. A detailed description of the proposed services to be performed along with
schedules, list of key personnel, and vehicles that would be required to complete
this project.
E. Affirmative statement of compliance with indemnity and insurance.
F. Affirmative statement of willingness to sign City Contract (See Exhibit “C”).
G. A written description of the firm’s plan to report greenwaste generated and the
method for its disposal.
H. The firm must submit a proposed Quality and Cost Control Plan to enhance the
service and responsiveness to the City. It should include the following:
1. The methodology in which the firm will handle complaints from the public
and damage to public & private property
2. Effective means to correct problems.
3. The means the firm will use for completing the project
6.10.a
Packet Pg. 140
6
I. Corporate and Financial Capability. The contractor shall be required to
demonstrate to the satisfaction of the City that they have adequate financial
resources to perform the services required by these specifications. No contract will
be awarded to any contractor who, as determined by the City, has an
unsatisfactory performance record or inadequate experience, or who at any time
lacks the necessary financial resources to provide the services in strict accordance
with the specifications.
VII. INSPECTION OF SITE
Prior to submitting a proposal, Contractors must familiarize themselves with the work
contemplated in the contract, and be responsible for any condition which adequate field
inspection would have revealed. Submission of a proposal shall be deemed conclusive
evidence that such examination has been made by each Contractor and shall constitute
a waiver by each of all claims of error in the proposal, withdrawal of the proposal, or
combination thereof, under the executed Agreement, or any revision thereof.
The work to be done consists of furnishing all materials, equipment, transportation, tools,
labor, and incidentals to provide Landscape Maintenance Service s detailed in this
contract as outlined throughout this proposal.
VIII. SCOPE OF WORK
Contractor shall perform services as listed in EXHIBIT A Specifications for the
Maintenance of Lighting and Landscape Maintenance Districts 38, 39, and 41.
6.10.a
Packet Pg. 141
7
PROPOSAL FORM
LANDSCAPE MAINTENANCE SERVICES
The undersigned as proposer declares that he has carefully examined each location of
the proposed work, that he has examined the Specifications and read the accompanying
instructions to proposers, and hereby proposes and agrees, if the proposal is accepted,
to furnish all labor and equipment and do all work required by Specifications and
Agreement.
Name of Company: _____________________________________________________
Address: ______________________________________________________________
Phone/fax: ____________________________________________________________
Contact Person: ________________________________________________________
Years in business: ______________________________________________________
The undersigned proposer further understands that the City of Diamond Bar, California
reserves the right to award all or any part of this bid without any obligation to the City. The
City also reserves the right to waive any informality in proposals.
Name of Contractor
________________________ By: ___________________ Date: ___________
Print Signature of Contractor
Contract pricing for years one (1) through three (3) must be firm fixed pricing. Pricing for
subsequent contract renewals will be limited to the Consumer Price Index (CPI) for any
such proposed price adjustment and shall not exceed the Bureau of Labor Statistics
Consumer Price Index (CPI) data for Los Angeles-Riverside-Orange County, California,
All Items, Not Seasonally Adjusted, “annualized change comparing the original proposal
month and the same month in the subsequent year. (March-March comparison).
The Contractor shall submit its request in writing, to be received by the City in person or
via certified mail a minimum of 60 days prior to the proposed adjustment date.
6.10.a
Packet Pg. 142
8
LLMDs and LLMD Parks Maintenance Services
Park/Location Address Cost
1. Longview Park South-
LLMD 39
1631 Longview Dr.
2. Longview Park North-
LLMD 39
1071 Longview Dr.
3. Stardust Park- LLMD
39
1323 Stardust Dr.
4. Silvertip Park- LLMD
39
904 Longview Dr.
5. Summitridge Mini
Park- LLMD 39
1309 Summitridge Dr.
6. LLMD 39 (all other
areas less parks)
Various
7. LLMD 41 Various
8. LLMD 38 Various
TOTAL MONTHLY COST
6.10.a
Packet Pg. 143
952078.1
MAINTENANCE SERVICES AGREEMENT
THIS AGREEMENT (the "Agreement") is made as of , 20XX by and
between the City of Diamond Bar, a municipal corporation ("City") and ___________, a [Insert
the type of entity of the Consultant, e.g., Inc., a California corporation; a California
general partnership; a California limited liability company; a sole proprietor; etc.]
("Contractor").
1. Contractor's Services.
Subject to the terms and conditions set forth in this Agreement Contractor shall provide
to the reasonable satisfaction of the City the services set forth in the attached Exhibit "A",
which is incorporated herein by this reference. As a material inducement to the City to enter
into this Agreement, Contractor represents and warrants that it has thoroughly investigated the
work and fully understands the difficulties and restrictions in performing the work. Contractor
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.
Anthony Jordan, Parks and Maintenance Superintendent (herein referred to as the
“City’s Project Manager”), shall be the person to whom the Contractor will report for the
performance of services hereunder. It is understood that Contractor shall coordinate its
services hereunder with the City’s Project Manager to the extent required by the City’s Project
Manager, and that all performances required hereunder by Contractor shall be performed to
the satisfaction of the City’s Project Manager and the City Manager
2. Term of Agreement. This Agreement shall take effect (DATE____), and shall
continue until (DATE____) unless earlier terminated pursuant to the provisions herein. This
Agreement may be extended as provided herein.
3. Compensation. City agrees to compensate Contractor for each service which
Contractor performs to the satisfaction of City in compliance with the scope of services set
forth in Exhibit "A". Payment will be made only after subm ission of proper invoices in the form
specified by City. Total payment to Contractor pursuant to this Agreement shall not exceed
[Spell out dollar amount] ($ ) without the prior written consent of the City. The above not
to exceed amount shall include all costs, including, but not limited to, all clerical, administrative,
overhead, telephone, travel and all related expenses.
4. Payment.
A. As scheduled services are completed, Contractor shall submit to City an invoice
for the services completed, authorized expenses, certified payroll and authorized extra work
actually performed or incurred.
B. All such invoices shall state the basis for the amount invoiced, including services
completed, the number of hours spent and any extra work performed.
C. City will pay Contractor the amount invoiced the City will pay Contractor the
amount properly invoiced within 35 days of receipt.
6.10.b
Packet Pg. 144
952078.1
D. Payment shall constitute payment in full for all services, authorized costs and
authorized extra work covered by that invoice.
5. Change Orders. No payment for extra services caused by a change in the
scope or complexity of work, or for any other reason, shall be made unless and until such extra
services and a price therefore have been previously authorized in writing and approved by the
City Manager or his designee as an amendment to this Agreement. The amendment shall set
forth the changes of work, extension of time, if any, and adjustment of the fee to be paid by
City to Contractor.
6. Priority of Documents. In the event of any inconsistency between the
provisions of this Agreement and any attached exhibits, the provisions of this Agreement shall
control.
7. Status as Independent Contractor.
A. Contractor is, and shall at all times remain as to City, a wholly
independent contractor. Contractor 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, except as specifically
provided herein. Neither City nor any of its agents shall have cont rol over the conduct of
Contractor or any of Contractor's employees, except as set forth in this Agreement. Contractor
shall not, at any time, or in any manner, represent that it or any of its agents or employees are
in any manner employees of City.
B. Contractor agrees to pay all required taxes on amounts paid to Contractor
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 Contractor and the
audit in any way fails to sustain the validity of a wholly independent contractor relationship
between City and Contractor, then Contractor agrees to reimburse City for all costs, including
accounting and attorney's fees, arising out of such audit and any appeals relating thereto.
C. Contractor shall fully comply with Workers' Compensation laws regarding
Contractor and Contractor's employees. Contractor further agrees to indemnify and hold City
harmless from any failure of Contractor to comply with applicable Worker's Compensation
laws.
D. Contractor shall, at Contractor’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.
E. In addition to any other remedies it may have, City shall have the right to
offset against the amount of any fees due to Contractor under this Agreement any amount due
to City from Contractor as a result of Contractor's failure to promptly pay to City any
reimbursement or indemnification required by this Agreement or for any amount or penalty
levied against the City for Contractor’s failure to comply with this Section.
6.10.b
Packet Pg. 145
952078.1
8. Standard of Performance. Contractor shall perform all work at the standard of
care and skill ordinarily exercised by members of the profession under similar conditions and
represents that it and any subcontractors it may engage, possess any and all licenses which
are required to perform the work contemplated by this Agreement and sha ll maintain all
appropriate licenses during the performance of the work.
9. Indemnification.
Contractor shall indemnify, defend with counsel approved by City, and hold harmless
City, its officers, officials, employees and volunteers ("Indemnitees") 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:
(1) Any and all claims under W orker’s Compensation acts and other employee benefit
acts with respect to Contractor’s employees or Contractor’s contractor’s employees arising out
of Contractor’s work under this Agreement; and
(2) Any and all claims arising out of Contractor's performance of work hereunder or its
failure to comply with any of its obligations contained in this A greement, regardless of City’s
passive negligence, but excepting such loss or damage which is caused by the sole active
negligence or willful misconduct of the City. Should City in its sole discretion find Contractor’s
legal counsel unacceptable, then Contractor 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 Contractor shall promptly pay any final judgment rendered against the
Indemnitees. 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 Califor nia and will
survive termination of this Agreement. Except for the Indemnitees, this Agreement shall not be
construed to extend to any third party indemnification rights of any kind.
10. Insurance.
A. Contractor 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 the following insurance:
(1) a policy or policies of broad-form comprehensive general liability insurance
written on an occurrence basis 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
Contractor, 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 per
occurrence;
(3) automotive liability insurance written on an occurrence basis covering all
owned, non-owned and hired automobiles, with minimum combined single limits coverage of
$1,000,000.00; and
6.10.b
Packet Pg. 146
952078.1
(4) Worker's Compensation insurance when required by law, with a minimum
limit of $500,000.00 or the amount required by law, whichever is greater.
B. The City, its officers, employees, agents, and volunteers shall be named as
additional insureds on the policies as to comprehensive general liability, property damage, and
automotive liability. The policies 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.
C. All insurance policies shall provide that the insurance coverage shall not be non -
renewed, canceled, reduced, or othe rwise modified (except through the addition of additional
insureds to the policy) by the insurance carrier without the insurance carrier giving City at least
ten (10) day's prior written notice thereof. Contractor agrees that it will not cancel, reduce or
otherwise modify the insurance coverage and in the event of any of the same by the insurer to
immediately notify the City.
D. All policies of insurance shall cover the obligations of Contractor pursuant to the
terms of this Agreement and 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 have a current A.M. Best's rating of no less than A -, VII.
E. Contractor shall submit to City (1) insurance certificates indicating compliance
with the minimum insurance requirements above, and (2) insurance policy endorsements or a
copy of the insurance policy evidencing the additional insured requirements in this Agreement,
in a form acceptable to the City.
F. 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 Contractor (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. Contractor understands and agrees that satisfaction of this requirement is
an express condition precedent to 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 due to such failure 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.
G. Subrogation. With respect to any Workers' Compensation Insurance or
Employer's Liability Insurance, the insurer shall waive all rights of subrogation and contribution
it may have against the Indemnitees.
H. Failure to Maintain Insurance. If Contractor fails to keep the insurance required
under this Agreement in full force and effect, City may take out the necessary insurance and
any premiums paid, plus 10% administrative overhead, shall be paid by Contractor, which
amounts may be deducted from any payments due Contractor.
I. Contractor shall include all subcontractors, if any, as insureds under its policies
or shall furnish separate certificates and endorsements for each subcontractor to the City for
6.10.b
Packet Pg. 147
952078.1
review and approval. All insurance for subcontractors shall be subject to all of the
requirements stated herein.
11. Confidentiality. Contractor in the course of its duties may have access to
confidential data of City, private individuals, or employees of the City. Contractor covenants
that all data, documents, discussion, or other information developed or received by Contractor
or provided for performance of this Agreement are deemed confidential and shall not be
disclosed by Contractor 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. Contractor's covenant under this section shall survive the
termination of this Agreement. Notwithstanding the foregoing, to the extent Contractor
prepares reports of a proprietary nature specifically for and in connection with certain projects,
the City shall not, except with Contractor's prior written consent, use the same for other
unrelated projects.
12. Maintenance and Inspection of Records. In accordance with generally
accepted accounting principles, Contractor and its subcontractors shall maintain reasonably
full and complete books, documents, papers, accounting records, and other information
(collectively, the “records”) pertaining to the costs of and completion of services performed
under this Agreement. The City and any of their authorized representatives shall have access
to and the right to audit and reproduce any of Contractor's records regarding the services
provided under this Agreement. Contractor shall maintain all such records for a period of at
least three (3) years after termination or completion of this Agreement. Contractor agrees to
make available all such records for inspection or audit at its offices during normal busines s
hours and upon three (3) days' notice from the City, and copies thereof shall be furnished if
requested.
13. Conflict of Interest.
A. Contractor 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
Contractor under this Agreement, or which would conflict in any manner with the performance
of its services hereunder. Contractor further covenants that, in performance of this Agreement,
no person having any such interest shall be employed by it. Furthermore, Contractor shall
avoid the appearance of having any interest which would conflict in any manner with the
performance of its services pursuant to this Agreement.
B. Contractor 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. Contractor's covenant under this section shall survive the
termination of this Agreement.
14. Termination. The City may terminate this Agreement with or without cause
upon thirty (30) days' written notice to Contractor. 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 thirtieth (30th) day following delivery of the notice. In the event of such termination, City
agrees to pay Contractor for services satisfactorily rendered prior to the effective date of
termination. Immediately upon receiving written notice of termination, Contractor shall
discontinue performing services, unless the notice provides otherwise, except those services
6.10.b
Packet Pg. 148
952078.1
reasonably necessary to effectuate the termination. The City shall be not liable for any claim
of lost profits.
15. Personnel. Contractor 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 Contractor or under it supervision, and all
personnel engaged in the work shall be qualified to perform such services. Contractor
reserves the right to determine the assignment of its own employees to the performance of
Contractor's services under this Agreement, but City reserves the right, for good cause, to
require Contractor to exclude any employee from performing services on City's premises.
16. Extension Options. [Revise per Proposal]
A. The City shall have the option to extend this Agreement for no more than
three years, subject to the same terms and conditions contained herein, by giving Contractor
written notice of the exercise of this option at least thirty (30) days prior to the expiration of the
initial term of this Agreement.
B. In the event the City exercises its option to extend the term of this
Agreement for more than one additional year, the Contractor's unit prices shall be subject to
adjustment at the end of one-year extension and annually thereafter ("the adjustment date") as
follows:
Any increase in compensation will be negotiated between the City and the Contractor,
but in no event shall the increase exceed the amount that the Consumer Price Index
("CPI") for the Los Angeles-Anaheim-Riverside metropolitan area for the month
immediately preceding the Adjustment Date (the "Index Month") as reported by the
Bureau of Labor Statistics of the United States Department of Labor, has increased over
the CPI for the month one year prior to the Index Month. Any increase in compensation,
negotiated or based upon CPI, shall be subject to approval of the City Council if this
Agreement was originally approved by the City Council.
17. Prevailing Wage. Notice is hereby given that in accordance with the provisions
of California Labor Code, Division 2, Part 7, Chapter 1, Article s 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, 21825
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.
The Contractor shall forfeit, as penalty to City, not more than twenty-five dollars
($25.00) 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 gener al prevailing rate of
wages hereinbefore stipulated for any work done under this Agreement, by him or by any
subcontractor under him.
6.10.b
Packet Pg. 149
952078.1
The 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.
18. Non-Discrimination and Equal Employment Opportunity.
A. Contractor shall not discriminate as to race, color, creed, religion, sex,
marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or
sexual orientation, in the performance of its services and duties pursuant to this Agreement,
and 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, tra nsfers,
recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship.
B. Contractor will, in all solicitations or advertisements for employees placed
by or on behalf of Contractor 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, p hysical or mental handicap,
medical condition, or sexual orientation.
C. Contractor 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.
19. Time Is of the Essence. Time is of the essence in this Agreement. Contractor
shall do all things necessary and incidental to the prosecution of Contractor's work.
20 Delays and Extensions of Time. Contractor's sole remedy for delays outside
its control shall be an extension of time. No matter what the cause of the delay, Contractor
must document any delay and request an extension of time in writing at the time of the delay to
the satisfaction of City. Any extensions grant ed shall be limited to the length of the delay
outside Contractor’s control. If Contractor believes that delays caused by the City will cause it
to incur additional costs, it must specify, in writing, why the delay has caused additional costs
to be incurred and the exact amount of such cost within 10 days of the time the delay occurs.
No additional costs can be paid that exceed the not to exceed amount absent a written
amendment to this Agreement. In no event shall the Contractor be entitled to any claim for lost
profits due to any delay, whether caused by the City or due to some other cause.
21. Assignment. Contractor shall not assign or transfer any interest in this
Agreement nor the performance of any of Contractor's obligations hereunder, without the prior
written consent of City, and any attempt by Contractor to so assign this Agreement or any
rights, duties, or obligations arising hereunder shall be void and of no effect.
22. Compliance with Laws. Contractor shall comply with all applicable laws,
ordinances, codes and regulations of the federal, state, and local governments.
23. 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
6.10.b
Packet Pg. 150
952078.1
any other condition of performance under this Agreement. In no event shall the making by City
of any payment to Contractor 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 Contractor, 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.
24. 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 exp ert
witnesses and Contractors.
25. Mediation. Any dispute or controversy arising under this Agreement, or in
connection with any of the terms and conditions hereof, which cannot be resolved by the
parties, may be referred by the parties hereto for media tion. 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. 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 mutual good faith efforts to resolve the same
any dispute or controversy as provided herein , shall be a condition precedent to the institution
of any action or proceeding, whether at law or in equity with respect to any such dispute or
controversy.
26. 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.
“CONTRACTOR” “CITY”
City of Diamond Bar
21810 Copley Drive
Diamond Bar, CA 91765-4178
Attn.: Attn.: _______________
Phone: Phone:
E-Mail: E-mail:
27. Governing Law. This Agreement shall be interpreted, construed and enforced
in accordance with the laws of the State of California.
28. 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.
29. Entire Agreement. This Agreement, and any other documents incorporated
herein by reference, represent the entire and integrated agreement between Contractor 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
6.10.b
Packet Pg. 151
952078.1
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 a person duly authorized to do
so under the City's Purchasing Ordinance.
IN WITNESS of this Agreement, the parties have executed this Agreement as of
the date first written above.
"Contractor" "City"
[Insert Full Name of Contractor] CITY OF DIAMOND BAR
By: ______ By: ____
Printed Name: [Insert Person authorized to sign, i.e.,
Title: City Manager or Mayor]
By: ATTEST:
Printed Name:
Title:
City Clerk
Approved as to form:
By:____
City Attorney
State of California "CONTRACTOR'S" License No. ______ . [If applicable]
CONTRACTOR'S Business Phone ____________________.
Emergency Phone ________________________
at which CONTRACTOR can be reached at any time.
6.10.b
Packet Pg. 152
952078.1
*NOTE: If Contractor is a corporation, the City requires the following signature(s):
-- (1) the Chairman of the Board, the President or a Vice-President, AND (2) the Secretary, the
Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer. If only
one corporate officer exists or one corporate officer holds more than one corporate office, please
so indicate. OR
-- The corporate officer named in a corporate resolution as authorized to enter into this Agreement.
A copy of the corporate resolution, certified by the Secretar y close in time to the execution of the
Agreement, must be provided to the City.
6.10.b
Packet Pg. 153
6.10.c
Packet Pg. 154
6.10.c
Packet Pg. 155
6.10.c
Packet Pg. 156
6.10.c
Packet Pg. 157
6.10.c
Packet Pg. 158
6.10.c
Packet Pg. 159
6.10.c
Packet Pg. 160
6.10.c
Packet Pg. 161
6.10.c
Packet Pg. 162
6.10.c
Packet Pg. 163
6.10.c
Packet Pg. 164
6.10.c
Packet Pg. 165
6.10.c
Packet Pg. 166
6.10.c
Packet Pg. 167
6.10.c
Packet Pg. 168
6.10.c
Packet Pg. 169
6.10.c
Packet Pg. 170
6.10.c
Packet Pg. 171
6.10.c
Packet Pg. 172
6.10.c
Packet Pg. 173
6.10.c
Packet Pg. 174
6.10.c
Packet Pg. 175
6.10.c
Packet Pg. 176
6.10.c
Packet Pg. 177
6.10.c
Packet Pg. 178
6.10.c
Packet Pg. 179
6.10.c
Packet Pg. 180
6.10.c
Packet Pg. 181
6.10.c
Packet Pg. 182
6.10.c
Packet Pg. 183
6.10.c
Packet Pg. 184
6.10.c
Packet Pg. 185
6.10.c
Packet Pg. 186
6.10.c
Packet Pg. 187
Agenda #: 6.11
Meeting Date: April 4, 2017
TO: Honorable Mayor and Members of the City Council
FROM: James DeStefano, City Manager
TITLE: AWARD A THREE-YEAR CONTRACT TO BRIGHTVIEW LANDSCAPE
SERVICES FOR PROFESSIONAL LANDSCAPE MAINTENANCE SERVICES
WITHIN CITY PARKS IN THE NOT-TO-EXCEED ANNUAL AMOUNT OF
$459,156.
RECOMMENDATION:
Approve.
FINANCIAL IMPACT: The total annual contract amount with BrightView Landscape
Services will be $459,156 which includes $429,156 for park maintenance and $30,000
for as needed maintenance tasks. Funds will be included in the proposed 2017/18 FY
operating budget. Contract pricing for year 1 to year 3 will be fixed pricing. Subsequent
contract renewals will be limited to the CPI.
BACKGROUND: The park locations to be maintained are as follows:
1. Diamond Canyon Park- 3338 S. Brea Canyon Rd.
2. Paul C. Grow Park- 23281 Forest Canyon Rd.
3. Heritage Park/Community Center Grounds- 2900 S. Brea Canyon Rd.
4. Maple Hill Park- 1355 S. Maple Hill Rd.
5. Pantera Park and Trails- 738 Pantera Drive
6. Peterson Park and Trails- 24142 E. Sylvan Glen
7. Ronald Reagan park- 2201 Peaceful Hills Rd.
8. Starshine Park- 20839 Starshine Rd.
9. Summitridge Park/Diamond Bar Center Grounds- 1600 Grand Ave.
10. Sycamore Canyon Park/Trailhead and Trails- 22930 E. Golden Springs Dr.
11. Washington Park- 21208 Washington Street
12. Larkstone Park- 20668 Larkstone Drive (scheduled opening date 8/2017)
13. Lorbeer Middle School Football Field- 501 S. Diamond Bar Bl.
DISCUSSION: The City’s agreement for landscape maintenance services with our
current service provider, BrightView Landscape Services (formerly Valley Crest),
6.11
Packet Pg. 188
expires on June 30, 2017. Prior to this expiration date, staff determined that the RFP
(Request for Proposals) process would provide the City the best opportunity to receive
contemporary proposals from current as well as new prospective contractors.
Additionally, the proposals would give the City a good indication of the current market
rates for City park landscape maintenance services.
In preparation of the RFP, the City’s specifications for the maintenance of Diamond Bar
community parks were updated and included to reflect the needs and expected service
levels of all parks. Updates include a requirement for the contractor to coordinate “Laser
Leveling” of the softball fields with turf renovation activities, the replacement of
malfunctioning irrigation heads with a 1” inlet size or smaller at contractor’s sole
expense, maintenance of trails located within the parks and a requirement that
contractors provide paper and plastic products for the restrooms at their so le expense.
In February 2017, an RFP was advertised for landscape maintenance services for City
parks. The RFP was posted on the City’s website, and qualified contractors had until
March 16, 2017 to submit a proposal. The City received a total of six (6) proposals for
consideration, in alphabetical order: BrightView Landscape, Campesino Landscape,
Excel Landscape, Mariposa Landscapes, MCE and Nova Landscape. All proposers met
the minimum requirements of the RFP except for Nova Landscape who was
disqualified. The minimum requirements were as follows:
Firms must hold a valid C-27 Landscape Contractor’s license.
Licenses must be in good standing for the previous five (5) years.
Must list key personnel (i.e. project team with relevant experience in municipal
landscape) that will be performing the work.
Must have at least three (3) municipal multi-year contracts of similar scope within
the last five (5) years.
Must include a quality control plan with monthly reporting.
Staff evaluated the fee proposals summarized below:
Contractor Monthly Fee Annual Fee
BrightView Landscape $35,763 $429,156
Mariposa Landscapes $44,747 $536,964
MCE $45,363 $544,356
Campesino Landscape $69,346 $832,152
Excel Landscape $73,650 $883,800
The abovementioned five (5) contractors are all full service landscape companies with
experience providing similar landscape maintenance services to other municipalities.
While all of the proposals were complete and demonstrated competencies in providing
the required services, BrightView Landscape was selected based on the strength and
thoroughness of their proposal as well as their competitive pricing. Key considerations
used to select BrightView are as follows:
Technical ability and experience similar to the scope of work.
Potential for emergency/disaster response. BrightView has four (4) service yards
6.11
Packet Pg. 189
located in Upland, Fontana, Riverside and Temecula.
Management structure which now includes Account Managers who oversee and
assist their Production Managers in the field.
Usage of “Self-Evaluation” process to inspect sites and score crew performance.
Staff and management training programs.
Safety programs for managers and staff.
Quality control plan with an effective and efficient means of identifying
deficiencies throughout the entire scope of operations.
Corporate capability and adequate financial resources.
It is recommended that the City Council approve the three -year agreement with
BrightView Landscape Services to provide landscape maintenance services within the
City parks based on the company’s experience, work history and performance.
PREPARED BY:
REVIEWED BY:
REVIEWED BY:
Attachments:
1. 6.11.a REQUEST FOR PROPOSAL City Parks
2. 6.11.b Sample MAINTENANCE SERVICES AGREEMENT BrightView
Landscape
3. 6.11.c BrightView Proposal 2017
6.11
Packet Pg. 190
1
REQUEST FOR PROPOSALS
The City of Diamond Bar is seeking responses from qualified
contractors to provide professional Landscape Maintenance Services
for the community.
Landscape Maintenance
Services
City Parks
Proposals Due: 3:00 P.M. on Thursday, March 16, 2017
City of Diamond Bar Public Works Department
21810 Copley Drive, Diamond Bar, CA 91765 (909) 839 -7060
6.11.a
Packet Pg. 191
2
I. GENERAL INFORMATION
The City of Diamond Bar is soliciting proposals from qualified firms to provide regular
landscape services for the maintenance of City Parks. The City currently has 11 public
parks with the 12th one scheduled for completion later this year totaling approximately 50
developed acres.
The purpose of this maintenance contract is to provide the City of Diamond Bar with the
best possible landscape care to maintain the City at a level expected by the City’s
residents, City Council, City staff, and visitors of the community. The selected contractor
will work closely with the Parks and Maintenance Superintendent to ensure the most
appropriate care and maintenance of the City’s Parks.
It is the intent of the City to award a contract, in a form approved by the City Attorney, to
the selected firm (see Exhibit “C”). The City reserves the right to further negotiate the
terms and conditions of the contract. The City shall retain the right to reject any proposal
for noncompliance with contract requirements and provisions, or to not award a contract
because of unforeseen circumstances or if it is determined to be in the best interest of the
City. This contract will be awarded based on demonstrated ability and performance
providing similar services at a fair and reasonable cost. This contract may not be awarded
to the company submitting the proposal with the lowest costs. The City Council will
approve as part of the annual budget an annual contract amount. The City does not
guarantee a specific amount of work and the quantity of work may increase or decrease
depending on the annual needs of the City. The proposed contract will be for a period of
three (3) years commencing July 1, 2017, with the option, at the City’s sole discretion, to
award up to three (3) additional years upon successful demonstration of exemplary
contract performance.
II. PROPOSAL SUBMISSION INSTRUCTIONS
Schedule
Post RFP: February 28, 2017
Questions Due Date: March 9, 2017
Proposal Due Date: March 16, 2017
Tentative Award Date: April 4, 2017
All proposals must be submitted in a sealed envelope, addressed to the City Clerk by the
deadline: Thursday, March 16, 2017. Each sealed envelope containing an original
Proposal and three (3) copies must be plainly marked on the outside as “Do Not Open-
Fee Proposal For Landscape Maintenance Services Within City Parks” with
Contractor’s name, address, and his/her license number.
6.11.a
Packet Pg. 192
3
Proposals may be mailed, delivered in person and address as follows:
City of Diamond Bar
c/o City Clerk Division
21810 Copley Drive
Diamond Bar, California 91765
III. INQUIRIES or QUESTIONS
Contractors must carefully examine this RFP and any addenda that may be posted on
the City’s website prior to submission of their proposal. Contractors must seek
clarification of any ambiguity, conflict, omission or other error in this RFP in writing prio r
to submission of their proposal. If an answer materially affects the RFP, the information
will be incorporated into an addendum and distributed to all contractors via the City’s
website; no other contact shall be made by the City to contractors regarding addenda to
the RFP.
It shall be the contractor’s sole responsibility to check the City’s website at
http://www.cityofdiamondbar.com/index.aspx?page=1287 to determine if any addenda
have been posted prior to the proposal due date.
RFP Contact: Anthony Jordan, Parks and Maintenance Superintendent
Email: Ajordan@diamondbarca.gov
Address: 21810 Copley Drive, Diamond Bar, CA. 91765
IV. SELECTION PROCESS
Each proposal will be evaluated based on firm qualifications and the required submittals.
Firm selection will be made by utilizing the criteria described in this document. Each firm
will be evaluated on their qualification submissions. All firms will be notified as to the
results of this evaluation. The evaluation criteria used in the selection process includes,
but is not limited to, the following:
A. Quality & Completeness of Proposal
1. Relevance & Conciseness of Proposal and Statement of Qualifications
2. Work Statement and Quality Control Plan
B. Corporate Capability
1. Qualifications and experience of key personnel
2. Quantity and types of equipment
3. The ability of the firm to provide the proper insurance coverage
4. Financial ability of the firm to provide services to the City of Diamond Bar
5. Internal training program for employees.
6. Equipment
7. Greenwaste recycling capabilities
8. Requirement to execute City Contract per attached sample
6.11.a
Packet Pg. 193
4
C. Reference Evaluation
1. Customer Service Record
2. Performance record of the firm relating to the Project Schedule of similar
scale
3. Quantity and Quality of work previously performed
4. References
D. Facility Evaluation
1. The firm’s customer service program
2. Equipment maintenance facility
3. The firm’s plan to recycle generated greenwaste from maintenance
activities.
G. Fee Schedule
1. An evaluation of the firm’s Fee Schedule
V. REQUIRED QUALIFICATIONS TO BE SUBMITTED WITH PROPOSAL
Award will be made to the firm who best meets the City’s requirements. All firms
submitting proposals must hold a valid State of California C-27 Contractor’s License.
Licenses must be in good standing for the previous five (5) consecutive years without any
official unresolved record of complaints registered or filed with the Board or California
Department of Consumer Affairs.
Proposals shall include a list of all key personnel that will be performing the work outlined
in the contract. Personnel must be qualified and trained in the landscape maintenance
industry. This will include the staffing of an on-site Superintendent who shall be fluent in
the English language. At all times during contracted landscape maintenance activities,
the firm shall have work crews on site that are represented by an English s peaking
Superintendent who can receive and carry out instructions given by proper authorities.
The firm shall be held liable for the faithful observance of any lawful instructions of the
City, not in conflict with the contract, which may be delivered to said party or his
representatives on the work.
Proposals shall include a list of at least three (3) similar and separate Southern California
municipal multi-year landscape maintenance contracts which have been successfully
completed within the last five (5) years. Each project shall be of comparable size and
scope of this project (descriptions of these projects and contact persons must be provided
with proposal submission).
Proposals shall include a Quality Control Plan with an effective and efficien t means of
identifying and correcting problems throughout the entire scope of operations. The
successful contractor shall be required to comply with this quality control throughout the
term of the contract. Contractors shall include with the proposal a c opy of their current
Safety Manual that meets SB 198 requirements for injury and illness prevention.
6.11.a
Packet Pg. 194
5
VI. SUBMITTALS
Firms wishing to have their proposals considered for this contract shall submit the
following, as a minimum:
A. Proposal form provided. See pages 7 and 8.
B. A statement of firm’s qualifications applicable to this contract, including the
following:
1. State of California Contractor’s License number and expiration date, C-27.
2. Names, qualifications and proposed duties of key personnel to be assigned
to this project. The firm shall identify a full-time English speaking Site
Superintendent, who is capable of communicating with any City
representative and be authorized to act on behalf of the firm.
3. List of staff qualifications including but not limited to:
a. California State Licensed Pest Control Advisor employed by the firm.
b. California State Licensed Pest Control Applicator employed by the
firm.
c. Irrigation Technicians.
4. Technical ability and experience similar in scope to this contract.
5. Statement of past project disqualification(s) and litigation.
6. Quality Control Plan.
7. Customer Service Program.
8. Safety Training Program.
9. Industrial Safety Record.
10. Letters of Reference.
C. A description of previous experience, including projects of similar nature.
D. A detailed description of the proposed services to be performed along with
schedules, list of key personnel, and vehicles that would be required to complete
this project.
E. Affirmative statement of compliance with indemnity and insurance.
F. Affirmative statement of willingness to sign City Contract (See Exhibit “C”).
G. A written description of the firm’s plan to report greenwaste generated and the
method for its disposal.
H. The firm must submit a proposed Quality and Cost Control Plan to enhance the
service and responsiveness to the City. It should include the following:
1. The methodology in which the firm will handle complaints from the public
and damage to public & private property
2. Effective means to correct problems.
3. The means the firm will use for completing the project
6.11.a
Packet Pg. 195
6
I. Corporate and Financial Capability. The contractor shall be required to
demonstrate to the satisfaction of the City that they have adequate financial
resources to perform the services required by these specification s. No contract will
be awarded to any contractor who, as determined by the City, has an
unsatisfactory performance record or inadequate experience, or who at any time
lacks the necessary financial resources to provide the services in strict accordance
with the specifications.
VII. INSPECTION OF SITE
Prior to submitting a proposal, Contractors must familiarize themselves with the work
contemplated in the contract, and be responsible for any condition which adequate field
inspection would have revealed. Submission of a proposal shall be deemed conclusive
evidence that such examination has been made by each Contractor and shall constitute
a waiver by each of all claims of error in the proposal, withdrawal of the proposal, or
combination thereof, under the executed Agreement, or any revision thereof.
The work to be done consists of furnishing all materials, equipment, transportation, tools,
labor, and incidentals to provide Landscape Maintenance Service s detailed in this
contract as outlined throughout this proposal.
VIII. SCOPE OF WORK
Contractor shall perform services as listed in EXHIBIT A Specifications for the
Maintenance of Diamond Bar Community parks.
6.11.a
Packet Pg. 196
7
PROPOSAL FORM
LANDSCAPE MAINTENANCE SERVICES
The undersigned as proposer declares that he has carefully examined each location of
the proposed work, that he has examined the Specifications and read the accompanying
instructions to proposers, and hereby proposes and agre es, if the proposal is accepted,
to furnish all labor and equipment and do all work required by Specifications and
Agreement.
Name of Company: _____________________________________________________
Address: ______________________________________________________________
Phone/fax: ____________________________________________________________
Contact Person: ________________________________________________________
Years in business: ______________________________________________________
The undersigned proposer further understands that the City of Diamond Bar, California
reserves the right to award all or any part of this bid without any obligation to the City. The
City also reserves the right to waive any informality in proposals.
Name of Contractor
________________________ By: ___________________ Date: ___________
Print Signature of Contractor
Contract pricing for years one (1) through three (3) must be firm fixed pricing. Pricing for
subsequent contract renewals will be limited to the Consumer Price Index (CPI) for any
such proposed price adjustment and shall not exceed the Bureau of Labor Statistics
Consumer Price Index (CPI) data for Los Angeles-Riverside-Orange County, California,
All Items, Not Seasonally Adjusted, “annualized change comparing the original proposal
month and the same month in the subsequent year. (March -March comparison).
The Contractor shall submit its request in writing, to be received by the City in person or
via certified mail a minimum of 60 days prior to the proposed adjustment date.
6.11.a
Packet Pg. 197
8
City Parks Maintenance Services
Park Site Address Cost
1. Diamond Canyon Park 3338 S. Brea Canyon Rd.
2. Paul C. Grow Park 23281 E. Forest Canyon
Rd.
3. Heritage Park 2900 S. Brea Canyon Rd.
4. Maple Hill Park 1355 S. Maple Hill Rd.
5. Pantera Park 738 Pantera Dr.
6. Peterson Park 24142 E. Sylvan Glen
7. Ronald Reagan Park 2201 Peaceful Hills Rd.
8. Starshine Park 20839 Starshine Rd.
9. Summitridge Park 1425 Summitridge Dr.
10. Sycamore Canyon
Park
22930 E. Golden Springs
Dr.
11. Washington Park 21208 Washington Street
12. Larkstone Park 20668 Larkstone Drive
(under construction)
TOTAL MONTHLY COST
6.11.a
Packet Pg. 198
952078.1
MAINTENANCE SERVICES AGREEMENT
THIS AGREEMENT (the "Agreement") is made as of , 2017 by and
between the City of Diamond Bar, a municipal corporation ("City") and BrightView Landscape
Services, a a California corporation; a California general partnership; a California limited
liability company; a sole proprietor; etc.] ("Contractor").
1. Contractor's Services.
Subject to the terms and conditions set forth in this Agreement Contractor shall provid e
to the reasonable satisfaction of the City the services set forth in the attached Exhibit "A", which
is incorporated herein by this reference. As a material inducement to the City to enter into this
Agreement, Contractor represents and warrants that it has thoroughly investigated the work and
fully understands the difficulties and restrictions in performing the work. Contractor 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.
Anthony Jordan, Parks and Maintenance Superintendent (herein referred to as the “City’s
Project Manager”), shall be the person to whom the Contractor will report for the performance of
services hereunder. It is understood that Contractor shall coordinate its services hereunder with
the City’s Project Manager to the extent required by the City’s Project Manager, and that all
performances required hereunder by Contractor shall be performed to the satisfaction of the
City’s Project Manager and the City Manager
2. Term of Agreement. This Agreement shall take effect (DATE____), and shall
continue until (DATE____) unless earlier terminated pursuant to the provisions herein. This
Agreement may be extended as provided herein.
3. Compensation. City agrees to compensate Contractor for each service which
Contractor performs to the satisfaction of City in compliance with the scope of services set forth
in Exhibit "A". Payment will be made only after submission of proper invoices in the form
specified by City. Total payment to Contractor pursuant to this Agreement shall not exceed
[Spell out dollar amount] ($ ) without the prior written consent of the Cit y. The above not
to exceed amount shall include all costs, including, but not limited to, all clerical, administrative,
overhead, telephone, travel and all related expenses.
4. Payment.
A. As scheduled services are completed, Contractor shall submit t o City an invoice
for the services completed, authorized expenses, certified payroll and authorized extra work
actually performed or incurred.
B. All such invoices shall state the basis for the amount invoiced, including services
completed, the number of hours spent and any extra work performed.
C. City will pay Contractor the amount invoiced the City will pay Contractor the
amount properly invoiced within 35 days of receipt.
6.11.b
Packet Pg. 199
952078.1
D. Payment shall constitute payment in full for all services, authorized costs and
authorized extra work covered by that invoice.
5. Change Orders. No payment for extra services caused by a change in the scope
or complexity of work, or for any other reason, shall be made unless and until such extra services
and a price therefore have been previously authorized in writing and approved by the City
Manager or his designee as an amendment to this Agreement. The amendment shall set forth
the changes of work, extension of time , if any, and adjustment of the fee to be paid by City to
Contractor.
6. Priority of Documents. In the event of any inconsistency between the provisions
of this Agreement and any attached exhibits, the provisions of this Agreement shall control.
7. Status as Independent Contractor.
A. Contractor is, and shall at all times remain as to City, a wholly independent
contractor. Contractor 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, except as specifically provided herein.
Neither City nor any of its agents shall have control over the conduct of Contractor or any of
Contractor's employees, except as set forth in this Agreement. Contractor shall not, at any time,
or in any manner, represent that it or any of its agents or employ ees are in any manner
employees of City.
B. Contractor agrees to pay all required taxes on amounts paid to Contractor
under this Agreement, and to indemnify and hold City harmless from any and all taxes,
assessments, penalties, and interest asserted again st 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 Contractor and the audit
in any way fails to sustain the validity of a wholly independent contractor relationship between
City and Contractor, then Contractor agrees to reimburse City for all costs, including accounting
and attorney's fees, arising out of such audit and any appeals relating thereto.
C. Contractor shall fully comply with Workers' Compensation laws regarding
Contractor and Contractor's employees. Contractor further agrees to indemnify and hold City
harmless from any failure of Contractor to comply with applicable Worker's Compensation laws.
D. Contractor shall, at Contractor’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 Dis trict, and
California Air Resources Board.
E. In addition to any other remedies it may have, City shall have the right to
offset against the amount of any fees due to Contractor under this Agreement any amount due
to City from Contractor as a result of Contractor's failure to promptly pay to City any
reimbursement or indemnification required by this Agreement or for any amount or penalty levied
against the City for Contractor’s failure to comply with this Section.
8. Standard of Performance. Contractor shall perform all work at the standard of
care and skill ordinarily exercised by members of the profession under similar conditions and
represents that it and any subcontractors it may engage, possess any and all licenses which are
6.11.b
Packet Pg. 200
952078.1
required to perform the work contemplated by this Agreement and shall maintain all appropriate
licenses during the performance of the work.
9. Indemnification.
Contractor shall indemnify, defend with counsel approved by City, and hold harmless City,
its officers, officials, employees and volunteers ("Indemnitees") 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:
(1) Any and all claims under W orker’s Compensation acts and other employee benefit
acts with respect to Contractor’s employees or Contractor’s contractor’s employees arising out
of Contractor’s work under this Agreement; and
(2) Any and all claims arising out of Contractor's performance of work hereunder or its
failure to comply with any of its obligations contained in this A greement, regardless of City’s
passive negligence, but excepting such loss or damage which is caused by the sole active
negligence or willful misconduct of the City. Should City in its sole discretion find Contractor’s
legal counsel unacceptable, then Contractor 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 Contractor shall promptly pay any final judgment rendered against the
Indemnitees. 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. Except for the Indemnitees, this Agreement shall not be
construed to extend to any third party indemnification rights of any kind.
10. Insurance.
A. Contractor 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 the following insurance:
(1) a policy or policies of broad-form comprehensive general liability insurance
written on an occurrence basis with minimum limits of $1,000,000.00 combined single limit
coverage against any injury, death, loss or damage as a result of wrongfu l or negligent acts by
Contractor, 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 per
occurrence;
(3) automotive liability insurance written on an occurrence basis covering all
owned, non-owned and hired automobiles, with minimum combined single limits coverage of
$1,000,000.00; and
(4) Worker's Compensation insurance when required by law, with a minimum limit
of $500,000.00 or the amount required by law, whichever is greater.
B. The City, its officers, employees, agents, and volunteers shall be named as
additional insureds on the policies as to comprehensive general liability, property damage, and
6.11.b
Packet Pg. 201
952078.1
automotive liability. The policies 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.
C. 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 at least
ten (10) day's prior written notice thereof. Contractor agrees that it will not cancel, reduce or
otherwise modify the insurance coverage and in the event of any of the same by the insurer to
immediately notify the City.
D. All policies of insurance shall cover the obligations of Contractor pursuant to the
terms of this Agreement and 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
have a current A.M. Best's rating of no less than A-, VII.
E. Contractor shall submit to City (1) insurance certificates indicating compliance with
the minimum insurance requirements above, and (2) insurance policy endorsements or a copy
of the insurance policy evidencing the additional insured requirements in this Agreement, in a
form acceptable to the City.
F. 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 Contractor (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. Contractor understands and agrees that satisfaction of this requirement is an express
condition precedent to 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 due to such failure 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.
G. Subrogation. With respect to any Workers' Compensation Insurance or
Employer's Liability Insurance, the insurer shall waive all rights of subrogation and contribution
it may have against the Indemnitees.
H. Failure to Maintain Insurance. If Contractor fails to keep the insurance required
under this Agreement in full force and effect, City may take out the necessary insurance and any
premiums paid, plus 10% administrative overhead, shall be paid by Contractor, which amounts
may be deducted from any payments due Contractor.
I. Contractor shall include all subcontractors, if any, as insureds under its policies or
shall furnish separate certificates and endorsements for each subcontractor to the City for review
and approval. All insurance for subcontractors shall be subject to all of the requirements stated
herein.
11. Confidentiality. Contractor in the course of its duties may have access to
confidential data of City, private individuals, or employees of the City. Contractor covenants that
all data, documents, discussion, or oth er information developed or received by Contractor or
6.11.b
Packet Pg. 202
952078.1
provided for performance of this Agreement are deemed confidential and shall not be disclosed
by Contractor 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. Contractor's covenant under this section shall survive the termination of this
Agreement. Notwithstanding the foregoing, to the extent Contractor prepares re ports of a
proprietary nature specifically for and in connection with certain projects, the City shall not,
except with Contractor's prior written consent, use the same for other unrelated projects.
12. Maintenance and Inspection of Records. In accordance with generally
accepted accounting principles, Contractor and its subcontractors shall maintain reasonably full
and complete books, documents, papers, accounting records, and other information
(collectively, the “records”) pertaining to the costs of and completion of services performed under
this Agreement. The City and any of their authorized representatives shall have access to and
the right to audit and reproduce any of Contractor's records regarding the services provided
under this Agreement. Contractor shall maintain all such records for a period of at least three
(3) years after termination or completion of this Agreement. Contractor agrees to make available
all such records for inspection or audit at its offices during normal business hours and u pon three
(3) days' notice from the City, and copies thereof shall be furnished if requested.
13. Conflict of Interest.
A. Contractor 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
Contractor under this Agreement, or which would conflict in any manner with the performance
of its services hereunder. Contractor further covenants that, in performance of this Agreement,
no person having any such interest shall be employed by it. Furthermore, Contractor shall avoid
the appearance of having any interest which would conflict in any manner with the performance
of its services pursuant to this Agreement.
B. Contractor 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. Contractor's covenant under this section shall survive the
termination of this Agreement.
14. Termination. The City may terminate this Agreement with or without cause upon
thirty (30) days' written notice to Contractor. 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 thirtieth
(30th) day following delivery of the notice. In the event of such termination, City agrees to pay
Contractor for services satisfactorily rendered prior to the effective date of termination.
Immediately upon receiving written notice of termination, Contractor shall discontinue performing
services, unless the notice provides otherwise, except those services reasonably necessary to
effectuate the termination. The City shall be not liable for any claim of lost profits.
15. Personnel. Contractor 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 Contractor or under it supervision, and all personnel
engaged in the work shall be qualified to perform such services. Contractor reserves the right
to determine the assignment of its own employees to the performance of Contractor's services
under this Agreement, but City reserves the right, f or good cause, to require Contractor to
exclude any employee from performing services on City's premises.
6.11.b
Packet Pg. 203
952078.1
16. Extension Options. [Revise per Proposal]
A. The City shall have the option to extend this Agreement for no more than
three years, subject to the same terms and conditions contained herein, by giving Contractor
written notice of the exercise of this option at least thirty (30) days prior to the expiration of the
initial term of this Agreement.
B. In the event the City exercises its option t o extend the term of this
Agreement for more than one additional year, the Contractor's unit prices shall be subject to
adjustment at the end of one-year extension and annually thereafter ("the adjustment date") as
follows:
Any increase in compensation will be negotiated between the City and the Contractor, but
in no event shall the increase exceed the amount that the Consumer Price Index ("CPI")
for the Los Angeles-Anaheim-Riverside metropolitan area for the month immediately
preceding the Adjustment Date (the "Index Month") as reported by the Bureau of Labor
Statistics of the United States Department of Labor, has increased over the CPI for the
month one year prior to the Index Month. Any increase in compensation, negotiated or
based upon CPI, shall be subject to approval of the City Council if this Agreement was
originally approved by the City Council.
17. Prevailing Wage. Notice is hereby given that in accordance with the provisions
of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 a nd 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, 21825 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.
The Contractor shall forfeit, as penalty to City, not more than twenty-five dollars
($25.00) 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 pr evailing rate of
wages hereinbefore stipulated for any work done under this Agreement, by him or by any
subcontractor under him.
The 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.
18. Non-Discrimination and Equal Employment Opportunity.
A. Contractor shall not discriminate as to race, color, creed, religion, sex,
marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or
6.11.b
Packet Pg. 204
952078.1
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. Contractor will, in all solicitations or advertisements for employees placed
by or on behalf of Contractor 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, phy sical or mental handicap,
medical condition, or sexual orientation.
C. Contractor 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.
19. Time Is of the Essence. Time is of the essence in this Agreement. Contractor
shall do all things necessary and incidental to the prosecution of Contractor's work.
20 Delays and Extensions of Time. Contractor's sole remedy for delays outside its
control shall be an extension of time. No matter what the cause of the delay, Contractor must
document any delay and request an extension of time in writing at the time of the delay to the
satisfaction of City. Any extensions granted shall be limited to the length of the delay outside
Contractor’s control. If Contractor believes that delays caused by the City will cause it to incur
additional costs, it must specify, in writing, why the delay has caused additional costs to be
incurred and the exact amount of such cost within 10 days of the time the delay occurs. No
additional costs can be paid that exceed the not to exceed amount absent a written amendment
to this Agreement. In no event shall the Contractor be entitled to any claim f or lost profits due
to any delay, whether caused by the City or due to some other cause.
21. Assignment. Contractor shall not assign or transfer any interest in this Agreement
nor the performance of any of Contractor's obligations hereunder, without the prior written
consent of City, and any attempt by Contractor to so assign this Agreement or any rights, duties,
or obligations arising hereunder shall be void and of no effect.
22. Compliance with Laws. Contractor shall comply with all applicable laws,
ordinances, codes and regulations of the federal, state, and local governments.
23. 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 othe r
condition of performance under this Agreement. In no event shall the making by City of any
payment to Contractor 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 Contractor, 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.
24. 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
6.11.b
Packet Pg. 205
952078.1
of suit, including reasonable attorney's fees and costs, including costs of exper t witnesses and
Contractors.
25. Mediation. Any dispute or controversy arising under this Agreement, or in
connection with any of the terms and conditions hereof, which cannot be resolved by the parties,
may 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. 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 mutual good faith efforts to resolve the same any dispute or controversy
as provided herein, shall be a condition precedent to the institution of any action or proceeding,
whether at law or in equity with respect to any such dispute or controversy.
26. 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.
“CONTRACTOR” “CITY”
City of Diamond Bar
21810 Copley Drive
Diamond Bar, CA 91765-4178
Attn.: Attn.: _______________
Phone: Phone:
E-Mail: E-mail:
27. Governing Law. This Agreement shall be interpreted, construed and enforced in
accordance with the laws of the State of California.
28. 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.
29. Entire Agreement. This Agreement, and any other documents incorporated
herein by reference, represent the entire and integrated agreement between Contractor and City.
This Agreement supersedes all prior oral or written negotiati ons, 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 a person duly authorized to do so under the City's
Purchasing Ordinance.
IN WITNESS of this Agreement, the parties have executed this Agreement as of
the date first written above.
"Contractor" "City"
[Insert Full Name of Contractor] CITY OF DIAMOND BAR
6.11.b
Packet Pg. 206
952078.1
By: ______ By: ____
Printed Name: [Insert Person authorized to sign, i.e.,
Title: City Manager or Mayor]
By: ATTEST:
Printed Name:
Title:
City Clerk
Approved as to form:
By:____
City Attorney
State of California "CONTRACTOR'S" License No. ______ . [If applicable]
CONTRACTOR'S Business Phone ____________________.
Emergency Phone ________________________
at which CONTRACTOR can be reached at any time.
6.11.b
Packet Pg. 207
952078.1
*NOTE: If Contractor is a corporation, the City requires the following signature(s):
-- (1) the Chairman of the Board, the President or a Vice-President, AND (2) the Secretary, the Chief
Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer. If only one
corporate officer exists or one corporate officer holds more than one corporate office, please so
indicate. OR
-- The corporate officer named in a corporate resolution as authorized to enter into this Agreement.
A copy of the corporate resolution, certified by the Secretary close in time to the execution of the
Agreement, must be provided to the City.
6.11.b
Packet Pg. 208
6.11.c
Packet Pg. 209
6.11.c
Packet Pg. 210
6.11.c
Packet Pg. 211
6.11.c
Packet Pg. 212
6.11.c
Packet Pg. 213
6.11.c
Packet Pg. 214
6.11.c
Packet Pg. 215
6.11.c
Packet Pg. 216
6.11.c
Packet Pg. 217
6.11.c
Packet Pg. 218
6.11.c
Packet Pg. 219
6.11.c
Packet Pg. 220
6.11.c
Packet Pg. 221
6.11.c
Packet Pg. 222
6.11.c
Packet Pg. 223
6.11.c
Packet Pg. 224
6.11.c
Packet Pg. 225
6.11.c
Packet Pg. 226
6.11.c
Packet Pg. 227
6.11.c
Packet Pg. 228
6.11.c
Packet Pg. 229
6.11.c
Packet Pg. 230
Agenda #: 6.12
Meeting Date: April 4, 2017
TO: Honorable Mayor and Members of the City Council
FROM: James DeStefano, City Manager
TITLE: APPROVAL OF FY 2017-18 STRATEGIC PLAN
RECOMMENDATION:
Approve.
FINANCIAL IMPACT:
None.
BACKGROUND:
Each year, in concert with the annual budget, the City Council considers and approves
the Goals & Objectives, which set forth the priorities for coming year and beyond. The
adopted Goals & Objectives also establish action items to be carried out by staff in
support of those priorities.
For FY 2017-18, the City Council has developed a new approach, with the Goals &
Objectives evolving into a more comprehensive Strategic Plan. The draft Strategic Plan
was considered by the City Council at the March 21, 2017 Study Session, at which time
direction was given to staff to prepare the matter for adoption at the April 4, 2017
meeting.
DISCUSSION:
The proposed Strategic Plan provides a roadmap for Diamond Bar’s present and future
by establishing a clearly defined vision, three primary goals, and six strategic priorities.
The vision was developed to capture and reflect the long and rich history of Diamond
Bar while recognizing the complex challenges faced by a community in a region of 20+
million people. The proposed vision is as follows:
“Celebrating Our Roots, Building a Thriving Future”
With this vision in mind, three overarching goals were developed, summing up the
commitment of the City Council to seek out and implement policy and programs that
provide the following to the public.
6.12
Packet Pg. 231
1. Responsible stewardship of public resources
2. Open, engaged & responsible gov’t
3. Safe, sustainable & healthy community
The vision and goals are aligned and consistent with six clearly defined priorities, as
follows:
1. Community
2. Livability
3. Transparency
4. Accountability
5. Mobility
6. Service
This established framework provides a method to develop specific and measurable
action items that are consistent with the defined vision, goals, and priorities. Action
items are then assigned to specific departments and given implementation timeframes
within a three-year window, with quarterly updates provided to the Council. A complete
list of action items, with the responsible department and implementation timeframe, is
included in the attachment.
The Strategic Plan will be reviewed and updated by the City Council no less than once
per fiscal year.
ANALYSIS:
The evolution of the Goals & Objectives into a comprehensive Strategic Plan
establishes a forward-thinking blueprint for Diamond Bar to maintain long-term
community safety and livability, service excellence, and a strong economic foundation.
PREPARED BY:
REVIEWED BY:
Attachments:
1. 6.12.a StrategicPlan2017 FINAL 03.29.2017
6.12
Packet Pg. 232
6.12.a
Packet Pg. 233
6.12.a
Packet Pg. 234
6.12.a
Packet Pg. 235
FY
1
7
/
1
8
FY
1
8
/
1
9
FY
1
9
/
2
0
+
Co
m
m
u
n
i
t
y
Li
v
a
b
i
l
i
t
y
Tr
a
n
s
p
a
r
e
n
c
y
Ac
c
o
u
n
t
a
b
i
l
i
t
y
Mo
b
i
l
i
t
y
Se
r
v
i
c
e
1 Develop and consider options to increase the City’s Transient Occupancy Tax (TOT or “hotel room tax”) rate.n n ü ü ü ü
2 Complete a long-term fiscal sustainability report with strategies to meet future community needs and associated
maintenance, renovation, and improvement costs.n ü ü ü
3 Develop quarterly financial reports to monitor budgetary performance.n ü ü ü
1 Implement a new budget development tool that will create efficiencies in the budget preparation process.n ü ü
2 Create a new municipal budget document to modernize the formal presentation of the budget.n ü ü ü
3 Complete the California Municipal Treasurers Investment Policy Certification program to demonstrate due diligence was
performed on the City's Investment Policy.n ü
4 Refine and update Finance policies to mirror the Government Finance Officers Association (GFOA) recommended best
practices.n ü
1 Conduct review the City's software applications to maximize efficiency and performance for internal and external users.n ü ü
2 Develop a long-term upgrade and replacement plan for the City's software applications.n ü
3 Integrate departmental software applications with the City's finance system.n ü ü
Timeframe Priorities
REPSONSIBLE STEWARDSHIP OF PUBLIC RESOURCES
CITY MANAGER'S OFFICE
INFORMATION SYSTEMS
FINANCE
Page 3
6.12.a
Packet Pg. 236
FY
1
7
/
1
8
FY
1
8
/
1
9
FY
1
9
/
2
0
+
Co
m
m
u
n
i
t
y
Li
v
a
b
i
l
i
t
y
Tr
a
n
s
p
a
r
e
n
c
y
Ac
c
o
u
n
t
a
b
i
l
i
t
y
Mo
b
i
l
i
t
y
Se
r
v
i
c
e
Timeframe Priorities
REPSONSIBLE STEWARDSHIP OF PUBLIC RESOURCES
PARKS AND RECREATION
1 Update the Park, Athletic and Facility Use Policy.n ü ü
2 Update the Diamond Bar Center Use Policy.n ü ü
1 Complete an inventory/maintenance/replacement schedule for Parks & facility infrastructure.n ü ü ü
2 Develop a fleet management/maintenance/replacement plan.n ü ü ü
3 Return maintenance responsibilities to the five homeowner's associations in Lighting & Landscape Assessment District
(LLAD) #41.n n n ü ü
PUBLIC WORKS
Page 4
6.12.a
Packet Pg. 237
FY
1
7
/
1
8
FY
1
8
/
1
9
FY
1
9
/
2
0
Co
m
m
u
n
i
t
y
Li
v
a
b
i
l
i
t
y
Tr
a
n
s
p
a
r
e
n
c
y
Ac
c
o
u
n
t
a
b
i
l
i
t
y
Mo
b
i
l
i
t
y
Se
r
v
i
c
e
1 Revise City e-newsletters and the Mayor's Corner to enhance the manner in which information is being presented.n ü ü ü ü
2 Complete the "Let's Talk Public Safety" meeting series, with invitations reaching all residential addresses.n ü ü ü
3 Develop plans for the next phase of public safety community meetings/events.n ü ü ü
4 Expand Restaurant Week to take place across multiple weekends.n n ü ü
5 Develop a Diamond Bar Day of Service event.n ü ü ü
6 Expand the scope of Mayor's Business Meetings offered to the community.n ü ü ü
1 Develop a records management plan that includes measurable goals for digitizing records across all City departments.n ü ü
2 Establish and expand online public document database to make commonly requested public documents more accessible
(Council & Commission documents, building permits, etc.).n ü ü ü ü
1 Implement an employee performance management system that includes a revised evaluation process, form, tracking of
employee evaluations, training, and other improvements.n ü ü
2 Expand employee training, leadership, and customer service training opportunities.n n n ü
3 Conduct succession planning efforts to prepare for a transitioning workforce.n ü ü
4 Develop a City-wide volunteer program.n ü ü ü
5 Roll out an employee health and wellness initiative.n ü
HUMAN RESOURCES AND RISK MANAGEMENT
Timeframe Priorities
OPEN, ENGAGED AND RESPONSIVE GOVERNMENT
CITY MANAGER'S OFFICE
CITY CLERK'S OFFICE
Page 5
6.12.a
Packet Pg. 238
FY
1
7
/
1
8
FY
1
8
/
1
9
FY
1
9
/
2
0
Co
m
m
u
n
i
t
y
Li
v
a
b
i
l
i
t
y
Tr
a
n
s
p
a
r
e
n
c
y
Ac
c
o
u
n
t
a
b
i
l
i
t
y
Mo
b
i
l
i
t
y
Se
r
v
i
c
e
Timeframe Priorities
OPEN, ENGAGED AND RESPONSIVE GOVERNMENT
1 Develop an updated e-Government Strategic Plan that focuses on public service delivery through technology avenues.n n ü ü
2 Develop a new Geographic Information System (GIS) Strategic Plan that will aide in effectively and methodically managing
the City's geospatial capabilities and tools.n ü ü
1 Expand and streamline online registration capabilities and increase overall online registrations.n ü ü
2 Develop a marketing plan to attract and increase weekday corporate/non-profit rentals.n ü ü
3 Conduct quarterly electronic customer service/satisfaction surveys of facility rental customers, and contract class
participants.n n n ü ü ü
4 Conduct customer service/satisfaction surveys at the end of each youth and adult sports program.n n n ü ü ü
PARKS AND RECREATION
INFORMATION SYSTEMS
Page 6
6.12.a
Packet Pg. 239
FY
1
7
/
1
8
FY
1
8
/
1
9
FY
1
9
/
2
0
Co
m
m
u
n
i
t
y
Li
v
a
b
i
l
i
t
y
Tr
a
n
s
p
a
r
e
n
c
y
Ac
c
o
u
n
t
a
b
i
l
i
t
y
Mo
b
i
l
i
t
y
Se
r
v
i
c
e
Timeframe Priorities
OPEN, ENGAGED AND RESPONSIVE GOVERNMENT
1 Launch and market a redesigned City website.n ü ü ü
2 Expand and improve the City's online presence by participating in various social media platforms and messaging in popular
multimedia methods.n n n ü ü ü
3 Leverage technological tools such as subscription-based text messaging and email or electronic newsletters in order to
widen the reach of communication efforts and drive more visitors to the City website.n ü ü
4
Establish a program where the City can solicit and gather regular input and feedback of community members regarding
general programs, services and initiatives through online polls, print and electronic surveys, and phone or in-person
interviews.
n ü ü
5 Develop an online-based business directory and resource program.n ü ü
6 Create a mobile history display to be used at City events.n ü
7 Develop a master calendar for each department (city-wide) for events, programs, and projects to assist with community
engagement and outreach.n n ü ü
8 Develop a City-wide communications strategic plan and branding guide to ensure consistent messaging across all
departments.n ü ü
9 Centralize access to public records via an online transparency portal.n ü ü ü
PUBLIC INFORMATION
Page 7
6.12.a
Packet Pg. 240
FY
1
7
/
1
8
FY
1
8
/
1
9
FY
1
9
/
2
0
Co
m
m
u
n
i
t
y
Li
v
a
b
i
l
i
t
y
Tr
a
n
s
p
a
r
e
n
c
y
Ac
c
o
u
n
t
a
b
i
l
i
t
y
Mo
b
i
l
i
t
y
Se
r
v
i
c
e
1 Attract and retain quality small businesses and national/regional credit tenants that diversify and increase the City's sales
tax base.n n ü ü ü ü
2 Encourage participation in Neighborhood/Business Watch groups and enhance communication to groups already in place.n n ü ü ü
3 Offer new and enhance existing programs to encourage and increase community recycling.n
4 Maintain and enhance the City’s emergency response readiness/preparedness through staff training/exercises/simulations,
policy development and public education.n n ü ü
5 Develop Public Art program alternatives for Council consideration. n ü ü ü
1 Update the City's Development Code and Design Guidelines.n ü ü ü
2 Secure a development agreement for a new hotel project.n ü
3 Implement a system that allows for the electronic submission of permits.n ü
Update and adopt the City's General Plan - Creating a vision and blueprint for development through 2040
1 Draft recommended preferred plan and identify key goals.n ü ü ü
2 Prepare an administrative/public draft of the General Plan for review via community workshops.n ü ü ü
3 Prepare final draft of the General Plan and Environmental Impact Report for public review.n ü ü ü
4 Adopt the City's updated General Plan.n ü ü ü
Timeframe Priorities
SAFE, SUSTAINABLE AND HEALTHY COMMUNITY
CITY MANAGER'S OFFICE
COMMUNITY DEVELOPMENT
Page 8
6.12.a
Packet Pg. 241
FY
1
7
/
1
8
FY
1
8
/
1
9
FY
1
9
/
2
0
Co
m
m
u
n
i
t
y
Li
v
a
b
i
l
i
t
y
Tr
a
n
s
p
a
r
e
n
c
y
Ac
c
o
u
n
t
a
b
i
l
i
t
y
Mo
b
i
l
i
t
y
Se
r
v
i
c
e
Timeframe Priorities
SAFE, SUSTAINABLE AND HEALTHY COMMUNITY
1 Develop a parks facility inventory and maintenance plan.n ü ü
2 Implement a "Healthy/Active Diamond Bar" program to encourage community health through an active lifestyle.n ü ü ü
3 Complete construction of Larkstone Park and open facility to the public.n ü ü
4 Develop uniform design guidelines for City park features.n ü
5 Working with Walnut Valley Unified School District and Pomona Unified School District, expand access to athletic facilities,
including gymnasiums and fields.n ü ü ü
1 Develop a City Active Transportation Program to be implemented in coordination with surrounding jurisdictions.n ü ü ü
2 Develop plans to incorporate the design features of the City-wide Streetscape Design Guidelines at other arterial
intersections and City entry points.n n n ü ü
3 Develop a strategy for addressing the sewer system ownership issue.n ü ü ü
4 Secure funding partners/sponsors to fund a "Quiet Zone" on the MetroLink train line at Lemon Avenue.n n n ü ü
5 Evaluate alternative methods of transportation to enhance mobility throughout the City.n n n ü ü ü
57/60 Confluence Project
1 Complete construction of the westbound SR-60 on-ramp from Grand Avenue (Phase One).n n ü ü ü
2 Complete construction of the westbound SR-60 off-ramp and auxiliary lane to Grand Avenue (Phase Two).n n ü ü ü
PUBLIC WORKS
PARKS AND RECREATION
Page 9
6.12.a
Packet Pg. 242
FY
1
7
/
1
8
FY
1
8
/
1
9
FY
1
9
/
2
0
Co
m
m
u
n
i
t
y
Li
v
a
b
i
l
i
t
y
Tr
a
n
s
p
a
r
e
n
c
y
Ac
c
o
u
n
t
a
b
i
l
i
t
y
Mo
b
i
l
i
t
y
Se
r
v
i
c
e
Timeframe Priorities
SAFE, SUSTAINABLE AND HEALTHY COMMUNITY
3 Complete design and begin construction of local improvements and streetscape enhancements at Grand/Golden Springs
Intersection and Diamond Bar Golf Course frontage (Phase Three).n n n ü ü ü
4 Complete local improvements at Grand/Golden Springs Intersection and Diamond Bar Golf Course frontage (Phase Three).n n ü ü ü
5 Continue advocacy efforts to accelerate construction funding for the 57/60 mainline improvements, bypass connections,
and Grand Avenue bridge widening project (Phase Four).n n n ü ü ü
6 Complete design engineering work for the 57/60 freeway mainline improvements, bypass connectors, and Grand Avenue
bridge widening project (Phase Four). n ü ü ü
7 Complete construction of the 57/60 freeway mainline improvements, bypass connectors, and Grand Avenue bridge widening
project (Phase Four).n ü ü ü
57/60 "Big Fix" Project
1 Complete feasibility study to determine the preferred and most effective options.n ü ü ü
2 Continue federal advocacy efforts necessary to secure funding.n n n ü ü ü
Traffic Congestion Mitigation Strategies - City Arterial Streets
1 Adopt and implement a Complete Streets Policy on arterial roadways.n ü ü
2 Complete the adaptive traffic management system.n ü ü ü ü
3 Actively promote the Neighborhood Traffic Management Program (NTMP).n ü ü ü ü
4 Advocate for regional transportation solutions that are equitable in the distribution of goods movement traffic.n ü ü ü ü
5 Actively oppose proposals that include a freight corridor on SR-60 or the San Jose Creek wash.n ü ü ü ü
Page 10
6.12.a
Packet Pg. 243
10
I) O SAR
1;,
it
TO:
FROM:
ADDRESS:
ORGANIZATION:
AGENDA#/SUBJECT:
CITY CLERK l
DATE: 4/ q 1 17
PHONE:
I expect to address the Council on the subject agenda/subject item. Please
reflect my name and address as written above. n
C -t -k -t (,
This document is a public record subject to disclosure under the Public Records Act.
�v
IQ Bi�'
VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL.
TO: CITY CLERK rf g
FROM: _ f DATE: T B zV( 7
ADDRESS: PHONE:
ORGANIZATION:
AGENDA#/SUBJECT:
I expect to address the Council on the subject agenda/subject item.
reflect my name and address as written above.
Minutes
Please have the Council Minutes
Sign to
�--
This document is a public record subject to disclosure under the Public Records Act.
DIt1nI0DT SSR.
FVW
LUN-rARY REQUEST TO s
1 !
TO:
FROM:
ADDRESS:
ORGANIZATION:
CITY CLERK
+3R r c1 IAS
go
DATE:
PHONE: (optional)
AGENDAWSUBJECT: uwvV
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.
I'
tiZL
Signature'
This document is a public record subject to disclosure under the Public Records Act.