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HomeMy WebLinkAbout2021.04.20 Agenda Packet - Regular MeetingCity Council/Public Financing Authority Agenda Tuesday, April 20, 2021 6:30 PM PUBLIC ADVISORY: Consistent with the Governor’s latest Executive Order to Stay at Home, avoid gatherings and maintain social distancing, the regular meeting portion of the agenda will be conducted telephonically and Members of the City Council and staff will be participating via Teleconference. There will be no physical meeting location for the regular meeting. How to Observe the Meeting: To maximize public safety while still maintaining transparency and public access, members of the public can observe the meeting by calling +1 (213) 929-4212, Attendee Access Code: 872- 638-225 or by visiting https://attendee.gotowebinar.com/register/8817453648937215757. How to Submit Public Comment: Members of the public may provide public comment by sending written comments to the City Clerk by email at cityclerk@DiamondBarCA.gov by 5:30 p.m. on the day of the meeting. Please indicate in the Subject Line “FOR PUBLIC COMMENT.” Written comments will be distributed to the Council Members and read into the record at the meeting, up to a maximum of five minutes. Alternatively, public comment may be submitted by logging onto the meeting through this link: https://attendee.gotowebinar.com/register/8817453648937215757. Members of the public will be called upon one at a time during the Public Comment portion of the agenda, and will be asked to state their name and agenda item they wish to comment on. Speakers are limited to five minutes per agenda item, unless the Mayor determines otherwise. American Disability Act Accommodations: Pursuant to the Executive Order, and in compliance with the Americans with Disabilities Act, if you need special assistance to participate in the Council Meeting, please contact the City Clerk’s Office (909) 839-7010 within 72 hours of the meeting. City Council video recordings with transcription will be available upon request the day following the Council Meeting. The City of Diamond Bar thanks you in advance for taking all precautions to prevent spreading the COVID-19 virus. ANDREW CHOU Council Member STAN LIU Council Member STEVE TYE Council Member NANCY A. LYONS Mayor RUTH M. LOW Mayor Pro Tem City Manager Dan Fox • City Attorney David DeBerry • City Clerk Kristina Santana 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 on Spectrum Cable Channel 3 and Frontier FiOS television Channel 47. You are invited to attend and participate. Copies of staff reports or other written documentation relating to agenda items are on file and available for public inspection by contacting the Office of the City Clerk. If requested, the agenda will be made available in an alternative format to a person with disability as required by Section 202 of the Americans with Disabilities Act of 1990. If you have questions regarding an agenda item, please contact the City Clerk at (909) 839-7010 during regular business hours. 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. 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 meeting. 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, Spectrum Cable Channel 3, Frontier FiOS television Channel 47 and on the City’s website at www.diamondbarca.gov. The City Council may take action on any item listed on the agenda. HELPFUL PHONE NUMBERS Copies of agendas, rules of the Council, Video of meetings: (909) 839-7010 Computer access to agendas: www.diamondbarca.gov 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 VIDEO RECORDED AND BY PARTICIPATING VIA TELECONFERENCE, 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 IS ALSO AVAILABLE FOR LIVE VIEWING AT HTTPS://ATTENDEE.GOTOWEBINAR.COM/REGISTER/8817453648937215757 AND ARCHIVED VIEWING ON THE CITY’S WEB SITE AT WWW.DIAMONDBARCA.GOV. CITY OF DIAMOND BAR CITY COUNCIL/PUBLIC FINANCING AUTHORITY AGENDA April 20, 2021 CALL TO ORDER: 6:30 p.m. PLEDGE OF ALLEGIANCE: Mayor ROLL CALL: Chou, Liu, Tye, Mayor Pro Tem Low, Mayor Lyons APPROVAL OF AGENDA: Mayor. 1. CITY MANAGER REPORTS AND RECOMMENDATIONS: 2. 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 other matters of interest not on the agenda that are within the subject matter jurisdiction of the Council. Although the City C ouncil values your comments, pursuant to the Brown Act, members of the City Council or Staff may briefly respond to public comments if necessary, but no extended discussion and no action on such matters may take place. There is a five -minute maximum time limit when addressing the City Council. At this time, the teleconference moderator will ask callers one at a time to give their name and if there is an agenda item number they wish to speak on before providing their comment. If you wish to speak on a public hearing item or council consideration item, you will then be called upon to speak at that point in the agenda. APRIL 20, 2021 PAGE 2 3. CONSENT CALENDAR: All items listed on the Consent Calendar are considered by the City Council to be routine and will be acted on by a single motion unless a Council Member or member of the public request otherwise, in which case, the item will be removed for separate consideration. 3.1 CITY COUNCIL MINUTES OF THE APRIL 6, 2021 REGULAR MEETING. 3.1.a April 6, 2021 City Council Minutes Recommended Action: Approve the April 6, 2021 Regular City Council meeting minutes. Requested by: City Clerk 3.2 RATIFICATION OF CHECK REGISTER DATED MARCH 25, 2021 THROUGH APRIL 7, 2021 TOTALING $907,984.83. Recommended Action: Ratify the Check Register. Requested by: Finance Department 3.3 TREASURER'S STATEMENT Recommended Action: Approve the December 2020 Treasurer’s Statement. Requested by: Finance Department 3.4 FIRST AMENDMENT TO THE CONSULTANT SERVICES AGREEMENT WITH MICHAEL BAKER INTERNATIONAL, INC. FOR CANYON LOOP TRAIL PROJECT ENVIRONMENTAL SERVICES. Recommended Action: A. Appropriate $84,545 of General Fund reserves with antic ipated reimbursement from Measure A, Measure W, Prop 68 and Habitat Conservation Grant; and, B. Approve, and authorized the Mayor to sign, the First Amendment with Michael Baker International, Inc. in the amount of $84,545. Requested by: Parks & Recreation Department APRIL 20, 2021 PAGE 3 3.5 AWARD OF CONSTRUCTION AGREEMENT TO R.J. NOBLE COMPANY, INC. FOR THE DIAMOND BAR BOULEVARD STREET REHABILITATION PROJECT FROM PATHFINDER ROAD TO MOUNTAIN LAUREL WAY (NO. SI20101). Recommended Action: A. Establish a Project Payment Account containing sufficient funds from the current fiscal year budget to pay for the Project; and B. Approve, and authorize the Mayor to sign, a Construction Agreement with R.J. Noble Company, Inc. in the amount of $1,057,505 approving the Base Bid Schedule and Additive Alternate Bid Schedule, plus a contingency amount of $105,750, for Contract Change Orders to be approved by the City Manager, for a total authorization amount of $1,163,255. Requested by: Public Works Department 3.6 AUTHORIZATION FOR THE PUBLIC WORKS DIRECTOR/CITY ENGINEER TO RELEASE RESTRICTED USE AREAS (RUAS). Recommended Action: Adopt Resolution No. 2021-13, authorizing the Public Works Director/City Engineer to release Restricted Use Areas (RUAs) and to record a written instrument with the Los Angeles County Recorder releasing the RUAs. Requested by: Public Works Department RECESS TO ANNUAL PUBLIC FINANCING AUTHORITY: 1. CALL TO ORDER: 2. ROLL CALL: Authority Members Liu, Low, Lyons, Vice Chair Tye, Chair Chou 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 Authority on Consent Calendar items or other matters of interest not on the agenda that are within the subject matte r jurisdiction of the Council. Although the Authority values your comments, pursuant to the Brown Act, the Authority generally cannot take any action on items not listed on the posted agenda. There is a five-minute maximum time limit when addressing the City Council. APRIL 20, 2021 PAGE 4 4. CONSENT CALENDAR: All items listed on the Consent Calendar are considered by the City Council to be routine and will be acted on by a single motion unless a Council Member or member of the public request otherwise, in which case, the item will be removed for separate consideration. 4.1 APPROVAL OF PUBLIC FINANCING AUTHORITY MEETING MINUTES. Recommended Action: Approve the April 6, 2021 meeting minutes. Requested by: City Manager 5. PUBLIC HEARINGS: None. 6. AUTHORITY MEMBER COMMENTS: Items raised by individual Authority members are for Authority Discussion. Direction may be given at this meeting or the item may be scheduled for action at a future meeting. 7. ADJOURN PUBLIC FINANCING AUTHORITY MEETING: RECONVENE CITY COUNCIL MEETING: 4. PUBLIC HEARINGS: NONE. 5. COUNCIL CONSIDERATION: 5.1 RECOGNITION OF HIGH SCHOOL SENIORS. Recommended Action: Provide direction as deemed appropriate. Requested by: Parks & Recreation Department 6. COUNCIL SUB-COMMITTEE REPORTS AND MEETING ATTENDANCE REPORTS/COUNCIL MEMBER COMMENTS: 7. ADJOURNMENT: Agenda #: 3.1 Meeting Date: April 20, 2021 TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager TITLE: CITY COUNCIL MINUTES OF THE APRIL 6, 2021 REGULAR MEETING. STRATEGIC GOAL: Open, Engaged & Responsive Government RECOMMENDATION: Approve the April 6, 2021 Regular City Council meeting minutes. FINANCIAL IMPACT: None. BACKGROUND/DISCUSSION: Minutes have been prepared and are being presented for approval. PREPARED BY: REVIEWED BY: Attachments: 1. 3.1.a April 6, 2021 City Council Minutes 3.1 Packet Pg. 7 CITY OF DIAMOND BAR MINUTES OF THE CITY COUNCIL REGULAR MEETING APRIL 6, 2021 CALL TO ORDER: Mayor Lyons called the Regular City Council meeting to order at 6:30 p.m. Mayor Lyons announced that consistent with COVID-19 regulations, all Council Members and staff participated via teleconference and there was no physical location for public attendance. The Public was invited to join the meeting online or by phone at the numbers printed on the agenda. PLEDGE OF ALLEGIANCE: M/Lyons led the Pledge of Allegiance. ROLL CALL: Council Members Andrew Chou, Stan Liu, Steve Tye, Mayor Pro Tem Ruth Low, Mayor Nancy Lyons Staff participating telephonically: Dan Fox, City Manager; Dave DeBerry, City Attorney; Ryan McLean, Assistant City Manager; Anthony Santos, Assistant to the City Manager; Amy Haug, Human Resources and Risk Manager; Ryan Wright, Parks and Recreation Director; David Liu, Public Works Director; Hal Ghafari, Public Works Manager/Assistant City Engineer; Anthony Jordan, Parks and Maintenance Superintendent; Greg Gubman, Community Development Director; Brent Mason, Interim Director of Finance; Marsha Roa, Public Information Manager; Cecilia Arellano, Public Information Coordinator; Kristina Santana, City Clerk Also Present: Lieutenant Steven Tousey, LA County Sheriff’s Deputy APPROVAL OF AGENDA: As submitted. 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 Council Members read their Proclamation Condemning Discrimination, Hate and Bigotry in All Forms. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: None 3. PUBLIC COMMENTS: CC/Santana read the following public comments submitted via email: Pui-Ching Ho announced that the Diamond Bar Library will reopen for select in- person services on Monday, April 19th, 2021 for a maximum of one-hour per customer. All customers are asked to maintain six feet of physical distance from other customers and library staff when in line and inside the library, wear a face covering over the mouth and nose at all times and adhere to the posted library capacity limits. No food or drink is allowed inside the library. Beginning April 19th, sidewalk pickup service will be available. For more information, please visit 3.1.a Packet Pg. 8 APRIL 6, 2021 PAGE 2 CITY COUNCIL https://lacountylibrary.org/reopening Public comments offered telephonically: Katherine Madarazo asked what was being done to mitigate wildlife disruption and restoration of the 29 impacted trees during construction of the road widening project at Grand Avenue and Golden Springs Drive. Michael Ramirez, announced the Diamond Bar Community Foundation’s Golfing “Fore” the Kids on May 10th at the Western Hills Country Club in Chino Hills, with proceeds providing financial support for sports, recreation, art, music and cultural programs through the Foundation. The Foundation is seeking sponsors and raffle and silent auction prizes. For further information and participation, contact him at info@thedbcf.org or 951-212-5644. 4. CONSENT CALENDAR: MPT/Low moved, C/Liu seconded, to approve the Consent Calendar as presented. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chou, Liu, Tye, MPT/Low, M/Lyons NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 4.1 APPROVED CITY COUNCIL MINUTES: 4.1a MARCH 16, 2021 STUDY SESSION 4.1b MARCH 16, 2021 REGULAR MEETING 4.2 CITY COUNCIL RECEIPT OF COMMISSION MINUTES: 4.2a PARKS AND RECREATION MINUTES OF SEPTEMBER 24, 2020. 4.2b PARKS AND RECREATION MINUTES OF JANUARY 28, 2021. 4.2c PLANNING MINUTES OF FEBRUARY 9, 2021. 4.3 RATIFIED CHECK REGISTER DATED MARCH 11, 2021 THROUGH MARCH 24, 2021 TOTALING $312,703.29. 4.4 APPROVED TREASURER’S STATEMENT FOR THE MONTH OF NOVEMBER 2020. 4.5 RECEIVED AND FILED THE GENERAL PLAN STATUS REPORT FOR 2020. 4.6 APPROVED AND AUTHORIZED THE MAYOR TO SIGN, THE SECOND AMENDMENT TO THE CONSULTANT SERVICES AGREEMENT WITH LANCE, SOLL & LUNGHARD LLP CPA’S FOR AUDITING SERVICES. 4.7 ADOPTED RESOLUTION NO. 2021-11 ESTABLISHING THE DIAMOND BAR DEBT MANAGEMENT POLICY AS REQUIRED BY AND IN 3.1.a Packet Pg. 9 APRIL 6, 2021 PAGE 3 CITY COUNCIL COMPLIANCE WITH, GOVERNMENT CODE SECTION 8855(i). 4.8 APPROVED AGREEMENTS FOR FINANCIAL ADVISORY, AND BOND COUNSEL AND DISCLOSURE SERVICES, RELATED TO REFUNDING THE DIAMOND BAR CENTER FIXED RATE LEASE REVENUE BONDS AS FOLLOWS: A. APPROVED, AND AUTHORIZED THE CITY MANAGER TO SIGN THE PROFESSIONAL AGREEMENT WITH FIELDMAN ROLAPP & ASSOCIATES; AND, B. APPROVED, AND AUTHORIZED THE CITY MANAGER TO SIGN THE ENGAGEMENT LETTER WITH STRADLING YOCCA CARLSON & RAUTH. RECESS: M/Lyons recessed the Regular City Council Meeting to the Special Public Financing Authority Meeting at 6:48. RECONVENE: M/Lyons reconvened the Regular City Council Meeting at 6:52 p.m. 5. PUBLIC HEARINGS: None. 6. COUNCIL CONSIDERATION: 6.1 FORMATION OF LANDSCAPE ASSESSMENT DISTRICT NO. 41-2021 TO REPLACE EXISTING DISTRICT NO. 41. C/Liu recused himself from consideration of Item 5.1 because he lives in District 41, and did not participate in the discussion. PWM/Ghafari presented the staff report. CC/Santana read the following emails into the record: John Catanzaro, President, Ridgeline HOA, stated that the four HOA’s in District No. 41 have met a number of times, have contacted homeowners,, put up signage to let them know about Council’s intent, and have met with City staff, arborists and landscapers seeking bids while awaiting the engineer’s report. He asked the City to continue to extend all possible mutual support to the residents so that they can be fully and responsibly informed and so that the HOA’s canimpress upon the members the importance of voting YES on the change for the Prop 218 Property Tax Fee Increase for District 41. David Takeda hoped the Dissolution could be delayed until residents were fully informed of the consequences of the action to homeowners and benefits of having the City continue to maintain the two dis tricts and vote for the increased assessment. 3.1.a Packet Pg. 10 APRIL 6, 2021 PAGE 4 CITY COUNCIL Garret Rukes felt that dissolving LAD No. 39 hoping that property owners would maintain the landscape was not a workable solut ion and asked if anything was being done to come up with a better solution. Comments offered telephonically during the meeting: Pamela Delgado asked when ballots would be sent out and when they would need to be returned and PWM/Ghafari responded that ballots would be mailed on May 27th and would need to be returned by July 6th. C/Chou asked staff to explain how residents can hook into the current irrigation system and PWM/Ghafari responded that the current systems will remain in place and residents have the option to take over maintenance of the system or cut the lines that run through their property to use their household water system. M/Lyons said she understood that the City was willing to have staff meet with residents to determine the location of the irrigation system and how it can be modified. PWM/Ghafari said that M/Lyons was correct and in fact, PM/Jordan has been visiting properties to explain the areas for which the owners will be responsible to maintain as well as, inform them of the location of the irrigation system. For residents who wish to have staff visit their properties, they can go on the City’s website and complete the form requesting a site visit appointment. C/Tye said it feels to him that this process is being done qui ckly to accommodate the calendar in order to get something in front of the County in a timely fashion. He asked what options are available for taking a step back to get it right even if it means not getting it done by the July date. MPT/Low appreciated comments from Mr. Catanzaro that he wants to work cooperatively to move forward and appreciates staff for their recommendations and their work with the HOA’s to put together another vote. She asked CM/Fox if he felt the HOA Board Members were comfortable with understanding what is required as a result of their vote and how to explain to their property owners what their choices are and what the consequences of their vote will mean, whether staff feels comfortable they can get this done and whether the City o f Diamond Bar will pick up the cost of the second election rather than having the HOA front the cost. M/Lyons said the City would pay the cost of the election from its General Fund ($13,600). While she understands the concerns, she feels this situation has gone on too long and is a burden to all residents. CM/Fox said that HOA’s are encouraged by their efforts to get the word out to the residents and property own ers He cannot guarantee the vote will pass, but the consequences and options are very clear. The district is 3.1.a Packet Pg. 11 APRIL 6, 2021 PAGE 5 CITY COUNCIL being proposed to be dissolved, which means that all of the areas of responsibilities would be returned to the underlying property owner to maintain, all of which is scheduled for consideration by the Council at the final Public Hearing on May 4th. The City is going through this process to consider a new Prop 218 ballot measure that comes to a final vote on July 6th. If that fails, there is no time to go through a new assessment process to restore the existing assessments and if the district is not dissolved, the City would be 100 percent responsible for the entire maintenance of private property and the City is out of time for considering a third parallel option to meet the existing assessments if these efforts fail. MPT/Low asked if the City could advocate with respect to this measure and CM/Fox explained that like most elections, the City staff cannot conduct any advocacy. However, the City has educational and information materials available on its website from when this matter was previously considered. This material makes clear the responsibilities of the property owners and Council Members and HOA’s can advocate for a position one way or another. In addition, the HOA’s are putting together yard signs to help get the message out. CM/Fox responded that there are no printed materials available. M/Lyons asked if staff had spoken to HOA Presidents and CM/Fox sai d he, PWD/Liu and PWM/Ghafari have spoken with HOA Presidents who have been having weekly meetings and they are doing all they can to educate property owners to get to a positive vote on Proposition 218. C/Chou moved, MPT/Low seconded, to Adopt Resolution No. 2021-12 initiating proceedings for the formation of a new Landscape Assessment District No. 41-2021 and designating SCI Consulting Group as the Engineer of Record. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chou, Tye, MPT/Low, M/Lyons NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Liu MPT/Low moved, C/Chou seconded, to approve the First Amendment to the Consulting Services Agreement with SCI Consulting Group to provide the Special Assessment Engineering and Balloting Services in the amount of $13,600. AYES: COUNCIL MEMBERS: Chou, Tye, MPT/Low, M/Lyons NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Liu C/Liu returned to the meeting. 3.1.a Packet Pg. 12 APRIL 6, 2021 PAGE 6 CITY COUNCIL 6.2 REVIEW OF DRAFT 2021-2029 HOUSING ELEMENT (PLANNING CASE NO. PL 2021-004). CDD/Gubman introduced Item 6.2 and stated the Council is not being asked to take a formal action on this draft because there are likely to be further revisions after HCD reviews the document. Staff pla ns to bring a final draft back to the Planning Commission and then to the City Council in the next three to four months for the adoption hearing. John Douglas, Housing Element Consultant, JHD Planning, LLC provided background information and discussed the Draft 2021-2029 Housing Element (Chapter 9 of the General Plan) and timeline for adoption and implementation. The staff recommendation is to receive public comments, discuss the document and direct questions to staff, and authorize and direct staff to submit the draft to state HCD for review. Public Comments Offered Telephonically: Grace Lim-Hayes referred Council to a Responsible Land Use report to the Planning Commission about innovations and public involvement for the Mixed-Use and infill developments that need to be addressed during the difficult task of meeting the City’s housing needs and said she hoped residents would be encouraged to collaborate and communicate with the City about future developments effects on existing neighborhoods. Paul Deibel urged the City Council to provide direction that an inclusionary housing program be included in the Housing Element to provide inclusion of or in-lieu fees for affordable housing production beyond the state required density bonus in the focus areas. Council discussion: C/Chou thanked staff and the consultant for the very detailed report . He felt infill housing and public input was essential to this planning document. Mr. Douglas confirmed that the Housing Element is a planning doc ument and is comparable to the General Plan wherein it s ets the broad strokes of policy and other documents including the Development Code or Specific Plans would paint in the details. C/Chou asked for a timeline of when this process would get to the point of updating codes and zoning regulations. Mr. Douglas responded that under state law, the City is allowed up to three years to make adjustments and refinements to the Development Code and Zoning Regulations . CDD/Gubman further explained that staff is currently updating codes for compliance with state code. Specific Plans for the Town Center, the Neighborhood Mixed-Use area and the TOD area which require significant 3.1.a Packet Pg. 13 APRIL 6, 2021 PAGE 7 CITY COUNCIL public input, extensive environmental review, and participation of planning consultants to assist staff in the technical aspects , would likely start with the Town Center and proceed with the others subsequently, with the goal to complete all three within the three-year obligation period. C/Liu asked how this document affects planning compared to SCAG which appears to indicate different trends and statistics. He asked how can the public participate? Mr. Douglas explained that in general, it is common to have apparent inconsistencies between different sources of data because they may be collected at different times using different methods of collection. Staff is happy to receive any and all public input throughout the process, and comments can be submitted through the website, via email, and during future Planning Commission and City Council public hearings. C/Tye said he appreciates Diamond Bar’s input of data ov er that of SCAG and agrees with Mr. Douglas that it is a moving target. He trusts staff and the consultant and expressed his feeling that Mr. Douglas has done a masterful job in putting the document together and presenting it to the Council and public. MPT/Low thanked staff and the consultant for the very comprehensive report. On Page 195 of the packet, the report talks about Program H-10, the Accessory Dwelling Units, Program H-11, the Emergency Shelters, etc. and H-12, Affordable Housing Incentives and she wanted to know if percentages have to be assigned to each of the programs as part of the goal or plan. Mr. Douglas explained that for some there are specific percentages specified in state law. For example, on the topic of Density Bonus, there is an actual chart in state law that says if a project includes X percentage of affordable units, the City must give Y percentage of density increase. Others are not so specific and are more policy oriented. MPT/Low said that the RHNA numbers do not conside r Diamond Bar’s slow growth mode. Mr. Douglas agreed and explained that SCAG’s numbers are for the more urbanized areas of Southern California (LA and Orange County) and are based on existing conditions rather than projected growth. MPT/Low stated that under those circumstances, this planning document with number imposed by the state have a long term vision of turning this slow-growth City into a more urbanized City and Mr. Douglas said that in his opinion, MPT/Low’s conjecture was a fair statement. MPT/Low further stated that the TOD’s and other multi-use areas will be the urbanized areas within the City, and Mr. Douglas agreed that he believed this too, was a reasonable conjecture. Mr. Douglas said that he and staff believe the City’s new General Plan is compatible with the RHNA numbers in the sense that the vision described in those focus areas, depending on market conditions over the next 20 or 30 years, can, hypothetically, accommodate the amount of housing that has been assigned to this RHNA process in a more compressed timeframe whereas, the General Plan looks out 20-30 years and the Housing 3.1.a Packet Pg. 14 APRIL 6, 2021 PAGE 8 CITY COUNCIL Element looks out only eight years and reflects a faster rate of growth in the RHNA than is reflected in the General Plan. MPT/Low said that in 20 years the City’s growth rate is .1 percent and wanted to know what the growth rate was estimated to be in the next few years. Mr. Douglas explained that the RHNA is not a mandate to issue building permits for the City or to achieve this amount of growth, it is creating “opportunity” through the General Plan and Zoning where growth could occur and it will depend on the housing market, the economy, and desires and objectives of individual property owners whether they wish to hold or invest in their properties. Most economists believe there is little chance that the amount of development reflected in the RHNA will actually come to fruition over the next eight years. MPT/Low asked if the suggestion that density bonuses and various development conditions can be or must be waived and development standards that can be relaxed or eliminated is applicable only to high density areas which means that the City is looking at a Development Code that will include different requirements for houses than those compared to lesser requirements in the higher density areas. Mr. Douglas said that the General Plan identifies focus areas as those areas in the City where “change” is expected. The General Plan does not expect much change within established communities of single family residences and condo’s. One theme of the General Plan is to establish where growth is most likely to happen and most desired in Diamond Bar. The theme in state law over the past couple of years has been to try to relax the regulations and standards to make housing development more feasible with more property owners and developers able to move forward with housing development projects. MPT/Low asked for explanation of “Inclusionary Housing Program” and Mr. Douglas explained it is when a city adopts a requirement that a certain percentage of new housing units be offered at specific income or price levels typically applied to multi-family project including projects of at least 10 units or more, it could be that if the city has a 50-unit apartment project, 10 percent of those apartments must be offered at certain rent levels for a certain number of years. MPT/Low asked what is meant by “low barrier navigation” and Mr. Douglas explained that “low barrier navigation center” is a new creation in state law and is similar to an emergency/homeless shelter, but it may b e paired with some services and facilities that go beyond the bare bones emergency shelter. MPT/Low asked if Table B-4, Page 267 “Underutilized Site Inventory” was required to be part of the Housing Element plan submitted to the state and Mr. Douglas responded that yes, and that it is absolutely an essential part that is mandated in state law. These tables describe, at a parcel -specific 3.1.a Packet Pg. 15 APRIL 6, 2021 PAGE 9 CITY COUNCIL level, where additional housing can be built in the City based on the General Plan and current Development Code regulations. MPT/Low asked who makes the judgement call that the two church properties are underutilized and Mr. Douglas responded that this is an objective view of what is on the property today compared to what c ould be built on the property under the current Zoning regulations. In other words, if the property is not fully built-out/developed to the maximum allowed under the Development Code, it is considered to be an “underutilized” property. MPT/Low said she was offended by the inclusion of churches within this category. CDD/Gubman responded to MPT/Low that half of the two church properties are completely undeveloped vacant land/bare dirt. In terms of being underutilized, the church campuses are built and paved on half of the acreage and the remaining completely vacant portions are located within multi-family residentially zoned areas without encroaching into the church campuses and there is enough land on which to build housing that is consistent with the underlying multi-family zone. M/Lyons felt it was completely unacceptable for the City to tell churches that some land they have that is currently vacant needs to be developed into housing. CDD/Gubman reiterated that this does not mandate that those sites be developed for residential, it is part of an inventory of sites that currently have capacity for additional development should the property owner wish to produce such a development. C/Tye said that saying it is “underutilized” does not mean to him th at it has to be utilized. By the same token, the eastern most portion of the CVS parking lot could have been identified as underutilized as well as, the Caltrans parking locations on the east and west side of Diamond Bar Boulevard. It does not mean they are going to be developed, it means they are underutilized. MPT/Low asked why Site D and the portion next to Willow Heights on Diamond Bar Boulevard which are entirely dirt were not included. CM/Fox stated that the City has had inquiries from the United Church of Christ to come in with some kind of housing project that would be in line with some of the goals of the Housing Element. He is not sure whether the LDS Church has made similar inquiries and it is likely that HCD will be most critical of these sites moving forward. M/Lyons felt the church locations should be deleted. C/Tye disagreed. CM/Fox further stated that both church properties are currently zoned for multiple family residential development and there is nothing in the Housing Element that says the churches have to do anything different from what 3.1.a Packet Pg. 16 APRIL 6, 2021 PAGE 10 CITY COUNCIL they are currently doing. C/Tye observed that the churches could use development to replenish their resources just like the Walnut Valley Unified School District did with Site D. From an institutional point of knowledge, EVFree was land that was donated by a builder for future use as a church. C/Chou said that these are zoning decisions and no one will be telling churches they have to build housing. The zoning is in the General Plan which gives the churches the option to build multi-family housing should they choose to do so, it does not force them to do so and actually provides the church with more options for use of their land. CA/DeBerry said that the zoning does not preclude the churches from expanding the church use, it actually results in the church property becoming more valuable. CDD/Gubman agreed that it is merely an objective in inventory as currently zoned, and the churches currently have the opportunity to develop them for residential purposes should they elect to do so. MPT/Low asked staff to identify additional areas that are underutilized rather than focus on the church properties because she does not trust the legislative process and fears it could lead to a taking of the p roperties. M/Lyons agreed. CM/Fox offered that staff could look at other areas to help expand the list before sending the document to HCD if the Council so desired. Mr. Douglas directed the City Council to packet page 265, Table B -1, is the summary of all of the sites that have been included in the inventory and the two church sites are on the third row of the table headed “underutilized sites” and the City has identified a potential of 60 additional housing units that could be built on those properties b ased on the current zoning regulations. The three focus areas – Town Center, Neighborhood Mixed Use and Transit Oriented Mixed Use add up to almost 4,000 potential housing units based on the General Plan. To keep it in context, the key points is that this is not a prediction of what is going to happen and it is not a mandate of what must happen, it is simply recording what the existing zoning conditions and physical conditions are for all of these properties. C/Tye said that as Regional Counsel Represe ntative 37 on SCAG, he pushed hard for SCAG to push back on HCD and on Sacramento and was told that if they pushed back the number would likely be hi gher which happened. He believes it is appropriate to have a healthy disregard for Sacramento and how decisions are made in northern California in communities unlike Diamond Bar. He understands the angst and asked staff to share with the Council and public what the action would be if Diamond Bar does not meet the RHNA requirements. 3.1.a Packet Pg. 17 APRIL 6, 2021 PAGE 11 CITY COUNCIL Mr. Douglas explained that RHNA numbers are used for two separate purposes, the first being for this inventory of site being discussed where state law very clearly requires that cities plan and zone enough land such that the RHNA numbers could potentially be achieved, all things be ing equal and everyone wanted to develop which is the planning requirement. The second requirement is a softer requirement which has to do with the actual production of housing. We can be thankful that our legislature understands that cities do not build housing and that it is the private and non-profit sector and so cities have limited influence over what actually happens. If the City’s actual production of housing falls short of those RHNA numbers, there are some fairly soft consequences that under some circumstances, the City would have to fast track the current review of a housing development, but those circumstances are fairly narrow. In other words, it would have to be a project that included Affordable Housing, a project that uses prevailing wage (union scale labor) which most market rate projects in southern California do not. MPT/Low asked if staff could discuss this with the church and include their commentary in the report to the state. M/Lyons agreed. C/Tye asked if MPT/Low would be comfo rtable if Table 10 B-4 read 1101 Diamond Bar Boulevard and 2335 S. Diamond Bar Boulevard and what is in parenthesis was eliminated. MPT/low said absolutely not because she can see Sacramento directing cities to meet their RHNA numbers by redirecting them to do a condemnation and take those sites for the greater good and now the City is subjecting these properties to Eminent Domain. C/Tye asked if MPT/Low was comfortable with Table 10 B-3 with the site address as being “end of Fern Hollow (21 plus acres) and not comforta ble with it simply saying “the church”. MPT/Low said no because B-3 is vacant site inventory and B-4 specifically says they are underutilized. C/Tye said he feels the concern is the fact that it says it is a church site because from the beginning, he has heard MPT/Low say it is insulting to these churches. M/Lyons asked if the City was mandated to provide Table B-4 and Mr. Douglas explained that the City is only required to provide a list of parcels that has a grand total/sufficient capacity that could accommodate its RHNA numbers. If these two tables were to be eliminated from the Housing Element, it would not prevent the City from being able to accommodate the RHNA number. MPT/Low said she wanted to eliminate the churches and C/Tye said he disagreed with that because the City will not reach the RHNA numbers with or without B-3 and B-4. C/Tye said he does not have the same angst about the churches as MPT/Low and M/Lyons and absent the verbiage, this dialogue would not be taking place. C/Chou understands the concern but the City is not forcing housing on these two churches. The churches may want to build housing and they 3.1.a Packet Pg. 18 APRIL 6, 2021 PAGE 12 CITY COUNCIL are currently zoned for housing so nothing is being changed. If the term “underutilized” is found to be offensive, the term could be eliminated, but nothing changes the zoning and if the United Church of Christ wants to explore building low-income housing on their lot they are entitled to do so. He believes that if this option were taking off the table, it would be a disservice to the church and he is skeptical about the slippery slope argument. He does not see how the state could demand the city take church land. CM/Fox said that according to Mr. Douglas, Tables B -3 and B-4 could be eliminated and the other tables that indicate the balance of the site inventory would be sufficient to demonstrate to HCD that Diamond Bar has the capacity to reach its RHNA and Mr. Douglas agreed. CM/Fox said that absent comments from HCD and recognizing the few number of units included in the two tables, he would suggest deleting them for now. The zoning will not change and the City would get credit for any new housing that eventually would be developed should the church wish to proceed in that manner. C/Chou asked if the tables are removed would it in any way prevent the church from applying for a low income housing grant. CM/Fox said he did not believe it would and rather, that it would be incumbent upon them to include some affordable component in their development proposal that would make them eligible to receive grant funds. CA/Berry said that he is General Counsel for the San Gabriel Valley Housing Trust and never within the grant application have applicants been asked about whether the site is underutilized. The grant is based upon the degree to which the development would provide affordable housing in the cost of the project. C/Liu asked if Table B-1 should also be removed and Mr. Douglas responded that Table B-1 would be updated to remove the items from that chart. MPT/Low moved, M/Lyons to eliminate Tables B-3 and B-4 as they are not necessary to include in order to reach RHNA numbers, and update Table B-1 accordingly. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Liu, MPT/Low, M/Lyons NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Chou, Tye M/Lyons felt the intent to regenerate the Town Center with housing and other amenities will prove to be a plus for the community. C/Tye moved, C/Liu seconded, to direct staff to submit the Draft Hou sing Element with changes, to HCD for review. Motion carried by the following 3.1.a Packet Pg. 19 APRIL 6, 2021 PAGE 13 CITY COUNCIL Roll Call vote: AYES: COUNCIL MEMBERS: Chou, Liu, Tye, MPT/Low, M/Lyons NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 7. COUNCIL SUBCOMMITTEE REPORTS AND MEETING ATTENDANCE REPORTS/COUNCIL MEMBER COMMENTS: C/Chou thanked staff for a great meeting and excellent reports, the City Council members for participating in the reading of the anti-hate proclamation and community participation in the March 21st Rally. Governor Newsome announced full opening would take place on June 15 th and as exciting as that is, he cautioned everyone to continue practicing safety guidelines while supporting local businesses. He congratulated Diamond Bar on being named 37th of the top 50 safest cities in California. C/Liu thanked staff and the consultant for the detailed presentation s and discussions and staff for coming up with the best solutions to dissolve the challenges the City is facing. He thanked his colleagues and staff for condemning discrimination, hate and bigotry in all forms, and Dr. Ronda Hampton, PhD and her daughter for organizing the solidarity rally against hate and discrimination, thanked the community volunteers for hosting Easter events for community and families, and thanked staff, businesses and the community for working diligently to facilitate safe environments for in-person activities. C/Tye thanked Supervisor Janice Hahn for helping schools deal with the County’s quarantine guidelines, talked about the Caltrans project for conversion of HOV lanes to general purpose lanes in both directions on the SR57 at Grand Avenue, commented on Heritage Park improvements commencing on Wednesday and concluding on Friday, April 16th, and thanked M/Lyons for her leadership in proclaiming that this community condemns discrimination in any and all forms. MPT/Low thanked staff and Mr. Douglas for their hard work on tonight’s agenda items, especially the work with homeowners in LAD No.41 and the thoroughness of the housing report. She referred residents to Agenda Item 4.5, a recap of the City’s accomplishments toward meeting the General Plan update goals and thanked M/Lyons for her leadership in putting together the anti-hate proclamation and encouraging City Council members to participate. April 2021 is sexual assault awareness month and she encouraged everyone to stand against this devastating crime. On March 22nd, she and M/Lyons attended the Neighborhood Improvement subcommittee meeting with staff and is grateful for all who work so hard to make the community look better. She encouraged everyone to download the City’s app and report situations where a neighbor needs help with their property or they see a residence is lacking proper maintenance. 3.1.a Packet Pg. 20 APRIL 6, 2021 PAGE 14 CITY COUNCIL M/Lyons said that at the end of last week she spoke with Bob Taylor, Superintendent of WVUSD and Bob Pacheco, the Mayor of Walnut who indicated they would be having a day of drive -through recognition for the graduating high school seniors who reside in Walnut and she would like her colleagues concurrence to place consideration of such an event for Diamond Bar seniors on the next agenda.. C/Liu and MPT/Low were in favor, C/Tye felt such an event should be sponsored by the school districts but would welcome a report from staff, and C/Chou supported placing the item on the agenda to receive staff’s report as well. M/Lyons said that last week she spent the afternoon volunteering at the Foothill Transit Center vaccine clinic, congratulated C/Tye on being re-elected as the SCAG Regional Counsel District 37 representative, and reported that her campaign to improve the Diamond Bar Post Office is underway with thanks Congresswoman Kim for her assistance. She thanked her colleagues for a spirited discussion this evening and thanked staff for their hard work. ADJOURNMENT: With no further business to conduct, M/Lyons adjourned the Regular City Council Meeting at 9:02 p.m. Respectfully submitted: __________________________ Kristina Santana, City Clerk The foregoing minutes are hereby approved this 20th day of April, 2021. __________________________ Nancy Lyons, Mayor 3.1.a Packet Pg. 21 Agenda #: 3.2 Meeting Date: April 20, 2021 TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager TITLE: RATIFICATION OF CHECK REGISTER DATED MARCH 25, 2021 THROUGH APRIL 7, 2021 TOTALING $907,984.83. STRATEGIC GOAL: Responsible Stewardship of Public Resources RECOMMENDATION: Ratify the Check Register. FINANCIAL IMPACT: Expenditure of $ 907,984.83. BACKGROUND/DISCUSSION: 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. The attached check register containing checks dated March 25, 2021 through April 7, 2021 totaling $907,984.83 is being presented for ratification. All payments have been made in compliance with the City’s purchasing policies and procedures, and have been reviewed and approved by the appropriate departmental staff . The attached Affidavit affirms that the check register has been audited and deemed accurate by the Finance Director. PREPARED BY: 3.2 Packet Pg. 22 REVIEWED BY: Attachments: 1. 3.2.a Check Register Affidavit 4-20-2021 2. 3.2.b Check Register 4-20-2021 3.2 Packet Pg. 23 3.2.a Packet Pg. 24 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 1518 4/7/2021 SPECTRUM BUSINESS CITY HALL INTERNET SERVICES - 3/24/21 100230 54030 $3,458.54 CHECK TOTAL $3,458.54 1520 3/31/2021 PERS HEALTH HEALTH INSURANCE PREMIUM APRIL 2021 100220 50062 $140.94 3/31/2021 PERS HEALTH HEALTH INSURANCE PREMIUM APRIL 2021 106 21106 $166.59 3/31/2021 PERS HEALTH HEALTH INSURANCE PREMIUM APRIL 2021 239 21106 $211.19 3/31/2021 PERS HEALTH HEALTH INSURANCE PREMIUM APRIL 2021 241 21106 $211.19 3/31/2021 PERS HEALTH HEALTH INSURANCE PREMIUM APRIL 2021 238 21106 $337.07 3/31/2021 PERS HEALTH HEALTH INSURANCE PREMIUM APRIL 2021 201 21106 $396.65 3/31/2021 PERS HEALTH HEALTH INSURANCE PREMIUM APRIL 2021 206 21106 $398.27 3/31/2021 PERS HEALTH HEALTH INSURANCE PREMIUM APRIL 2021 207 21106 $399.14 3/31/2021 PERS HEALTH HEALTH INSURANCE PREMIUM APRIL 2021 250 21106 $800.96 3/31/2021 PERS HEALTH HEALTH INSURANCE PREMIUM APRIL 2021 105220 50048 $1,287.00 3/31/2021 PERS HEALTH HEALTH INSURANCE PREMIUM APRIL 2021 100 10000 $9,226.34 3/31/2021 PERS HEALTH HEALTH INSURANCE PREMIUM APRIL 2021 100 21106 $41,664.79 CHECK TOTAL $55,240.13 1521 3/31/2021 AARON R SALO PARKS & RECREATION COMMISSION STIPEND - MAR 2021 100520 52525 $45.00 CHECK TOTAL $45.00 1522 3/31/2021 AFLAC SUPP INSURANCE PREMIUM MARCH 2021 201 21117 $6.02 3/31/2021 AFLAC SUPP INSURANCE PREMIUM MARCH 2021 250 21117 $53.73 3/31/2021 AFLAC SUPP INSURANCE PREMIUM MARCH 2021 206 21117 $128.99 3.2.b Packet Pg. 25 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 3/31/2021 AFLAC SUPP INSURANCE PREMIUM MARCH 2021 100 21117 $2,401.47 CHECK TOTAL $2,590.21 1523 3/31/2021 BRIGHTVIEW LANDSCAPE SERVICES INC ADDL' LANDSCAPE MAINT - PETERSON PARK 100630 52320 $500.00 3/31/2021 BRIGHTVIEW LANDSCAPE SERVICES INC ADDL' LANDSCAPE MAINT - LORBEER 100630 52320 $510.00 CHECK TOTAL $1,010.00 1524 3/31/2021 CHEM PRO LABORATORY INC WATER TREATMENT CITY HALL - MAR 2021 100620 52320 $155.00 CHECK TOTAL $155.00 1525 3/31/2021 CODING MINDS INC INSTRUCTOR PAYMENT W/S 2021 100520 55320 $375.00 CHECK TOTAL $375.00 1526 3/31/2021 CRYSTAL SHUM INSTRUCTOR PAYMENT W/S 2021 100520 55320 $72.00 CHECK TOTAL $72.00 1527 3/31/2021 DELTA DENTAL HMO DENTAL INS PREMIUM APRIL 2021 250 21105 $1.03 3/31/2021 DELTA DENTAL HMO DENTAL INS PREMIUM APRIL 2021 106 21105 $15.45 3/31/2021 DELTA DENTAL HMO DENTAL INS PREMIUM APRIL 2021 100 21105 $306.34 CHECK TOTAL $322.82 1528 3/31/2021 DELTA DENTAL INSURANCE COMPANY PPO DENTAL INS PREMIUM APRIL 2021 239 21105 $16.30 3/31/2021 DELTA DENTAL INSURANCE COMPANY PPO DENTAL INS PREMIUM APRIL 2021 241 21105 $16.30 3/31/2021 DELTA DENTAL INSURANCE COMPANY PPO DENTAL INS PREMIUM APRIL 2021 207 21105 $22.63 3/31/2021 DELTA DENTAL INSURANCE COMPANY PPO DENTAL INS PREMIUM APRIL 2021 238 21105 $32.59 3/31/2021 DELTA DENTAL INSURANCE COMPANY PPO DENTAL INS PREMIUM APRIL 2021 201 21105 $52.99 3/31/2021 DELTA DENTAL INSURANCE COMPANY PPO DENTAL INS PREMIUM APRIL 2021 206 21105 $77.95 3/31/2021 DELTA DENTAL INSURANCE COMPANY PPO DENTAL INS PREMIUM APRIL 2021 250 21105 $137.82 3/31/2021 DELTA DENTAL INSURANCE COMPANY PPO DENTAL INS PREMIUM APRIL 2021 100 21105 $4,691.14 3.2.b Packet Pg. 26 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT CHECK TOTAL $5,047.72 1529 3/31/2021 CAROL A DENNIS MINUTE SECRETARY - PARKS & RECREATION COMMISSION 100520 54900 $50.00 CHECK TOTAL $50.00 1530 3/31/2021 DS SERVICES OF AMERICA INC BOTTLED WATER - MAR 2021 100630 51200 $103.81 CHECK TOTAL $103.81 1531 3/31/2021 EXPRESS MAIL CORPORATE ACCOUNT NEXT DAY MAIL 1-12-21 PC MTG STAFF REPORT TO APPLICANT 100 22107 $22.75 3/31/2021 EXPRESS MAIL CORPORATE ACCOUNT NEXT DAY MAIL 1-12-21 PC MTG STAFF REPORT TO APPLICANT 100 22107 $22.75 3/31/2021 EXPRESS MAIL CORPORATE ACCOUNT NEXT DAY MAIL 1-12-21 PC AGENDA TO CITY ATTORNEY 100410 52170 $23.00 3/31/2021 EXPRESS MAIL CORPORATE ACCOUNT NEXT DAY MAIL 1-26-21 PC AGENDA TO CITY ATTORNEY 100410 52170 $23.25 3/31/2021 EXPRESS MAIL CORPORATE ACCOUNT NEXT DAY MAIL 1-26-21 PC STAFF REPORT TO APPLICANT 100 22107 $22.75 3/31/2021 EXPRESS MAIL CORPORATE ACCOUNT NEXT DAY MAIL 1-26-21 PC MTG STAFF REPORT TO APPLICANT 100 22107 $22.75 3/31/2021 EXPRESS MAIL CORPORATE ACCOUNT NEXT DAY MAIL-2/23/21 PC AGENDA REPORT TO APPLICANT 100 22107 $22.75 3/31/2021 EXPRESS MAIL CORPORATE ACCOUNT NEXT DAY MAIL-2/9/21 PC STAFF REPORT TO APPLICANT 100 22107 $22.75 3/31/2021 EXPRESS MAIL CORPORATE ACCOUNT NEXT DAY MAIL-2/9/21 PC AGENDA TO CITY ATTORNEY 100410 52170 $23.00 3/31/2021 EXPRESS MAIL CORPORATE ACCOUNT NEXT DAY MAIL-2/23/21 PC AGENDA TO CITY ATTORNEY 100410 52170 $22.75 3/31/2021 EXPRESS MAIL CORPORATE ACCOUNT NEXT DAY MAIL-2/23/21 PC STAFF REPORT TO APPLICANT 100 22107 $22.75 CHECK TOTAL $251.25 1532 3/31/2021 HDL COMPANIES CONTRACT & AUDIT SVCS - SALES TAX 100210 54010 $1,484.67 CHECK TOTAL $1,484.67 1533 3/31/2021 INTEGRUS LLC RICOH COPY CHARGES - 2/19/21- 3/18/21 100230 52100 $506.66 CHECK TOTAL $506.66 1534 3/31/2021 JOE A GONSALVES & SON INC PROFESSIONAL LEGISLATIVE SERVICES IN APRIL 2021 100130 54900 $2,500.00 CHECK TOTAL $2,500.00 3.2.b Packet Pg. 27 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 1535 3/31/2021 LOS ANGELES COUNTY SHERIFF'S DEPT GEN. LAW ENF. SVS - 02/2021 100310 55400 $589,029.04 CHECK TOTAL $589,029.04 1536 3/31/2021 LOWE'S BUSINESS ACCOUNT ROAD MAINTENANCE SUPPLIES 100655 51200 $25.00 CHECK TOTAL $25.00 1537 3/31/2021 MANAGED HEALTH NETWORK EAP PREMIUM APRIL 2021 239 21114 $0.24 3/31/2021 MANAGED HEALTH NETWORK EAP PREMIUM APRIL 2021 241 21114 $0.24 3/31/2021 MANAGED HEALTH NETWORK EAP PREMIUM APRIL 2021 207 21114 $0.37 3/31/2021 MANAGED HEALTH NETWORK EAP PREMIUM APRIL 2021 238 21114 $0.48 3/31/2021 MANAGED HEALTH NETWORK EAP PREMIUM APRIL 2021 106 21114 $0.90 3/31/2021 MANAGED HEALTH NETWORK EAP PREMIUM APRIL 2021 201 21114 $1.42 3/31/2021 MANAGED HEALTH NETWORK EAP PREMIUM APRIL 2021 206 21114 $1.58 3/31/2021 MANAGED HEALTH NETWORK EAP PREMIUM APRIL 2021 250 21114 $3.55 3/31/2021 MANAGED HEALTH NETWORK EAP PREMIUM APRIL 2021 100 21114 $142.42 CHECK TOTAL $151.20 1538 3/31/2021 MANISHA SULAKHE PARKS & RECREATION COMMISSION STIPEND - MAR 2021 100520 52525 $45.00 CHECK TOTAL $45.00 1539 3/31/2021 MOBILE RELAY ASSOCIATES INC REPEATER SERVICES IN APRIL 2021 100350 52300 $78.75 CHECK TOTAL $78.75 1540 3/31/2021 ONE TIME PAY VENDOR CATHERINE ROSSI EVENT REFUND 100 20202 $1,430.11 CHECK TOTAL $1,430.11 1541 3/31/2021 ONE TIME PAY VENDOR CHRISTINA ALDANA EVENT REFUND 100 20202 $8,528.00 CHECK TOTAL $8,528.00 1542 3/31/2021 ONE TIME PAY VENDOR DR. SAMIR BATNIJI EVENT REFUND 100 20202 $866.56 CHECK TOTAL $866.56 1543 3/31/2021 ONE TIME PAY VENDOR JENNIFER WANG EVENT REFUND 100 20202 $1,684.28 CHECK TOTAL $1,684.28 1544 3/31/2021 ONE TIME PAY VENDOR LEJON SIFFORD EVENT REFUND 100 20202 $1,300.00 3.2.b Packet Pg. 28 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT CHECK TOTAL $1,300.00 1545 3/31/2021 ONE TIME PAY VENDOR PRAGNA PANCHAL EVENT REFUND 100 20202 $1,555.91 CHECK TOTAL $1,555.91 1546 3/31/2021 ONE TIME PAY VENDOR SUPER DIAMOND AGE SENIOR CLUB CDBG INSURANCE REIMBURSEMENT 225440 54900 $1,000.00 CHECK TOTAL $1,000.00 1547 3/31/2021 QUADIENT FINANCE USA INC STANDARD INK CART FOR THE MAILING MACHINE 100130 52170 $141.31 CHECK TOTAL $141.31 1548 3/31/2021 RAPHAEL H PLUNKETT PARKS & RECREATION COMMISSION STIPEND - MAR 2021 100520 52525 $45.00 CHECK TOTAL $45.00 1549 3/31/2021 SIMPSON ADVERTISING INC GRAPHIC DESIGN SERVICES APRIL 2021 NEWSLETTER 100240 54900 $2,275.00 3/31/2021 SIMPSON ADVERTISING INC GRAPHIC DESIGN SERVICES-FD BROCHURE 100240 54900 $575.00 CHECK TOTAL $2,850.00 1550 3/31/2021 SOUTHERN CALIFORNIA EDISON 2025 DIAMOND BAR BLVD 2.16.21 - 3.17.21 238638 52210 $13.25 3/31/2021 SOUTHERN CALIFORNIA EDISON 2746 BREA CANYON ROAD 2.16.21 - 3.17.21 238638 52210 $14.18 3/31/2021 SOUTHERN CALIFORNIA EDISON 3564 BREA CANYON ROAD 2.16.21 - 3.17.21 238638 52210 $14.14 3/31/2021 SOUTHERN CALIFORNIA EDISON 22745 SUNSET CROSSING 2.16.21 - 3.17.21 238638 52210 $14.30 3/31/2021 SOUTHERN CALIFORNIA EDISON 652 BREA CANYON RD - 2.23.21 - 3.22.21 238638 52210 $13.39 3/31/2021 SOUTHERN CALIFORNIA EDISON 3334 1/2 BREA CANYON ROAD 2.24.21 - 3.23.21 100630 52210 $46.57 3/31/2021 SOUTHERN CALIFORNIA EDISON CITY HALL 2.16.21 - 3.17.21 100620 52210 $9,315.60 CHECK TOTAL $9,431.43 1551 3/31/2021 SPORT PINS INTERNATIONAL INC CUSTOM PINS FOR 32 BDAY 100240 51200 $1,418.44 CHECK TOTAL $1,418.44 1552 3/31/2021 STANDARD INSURANCE COMPANY LIFE/SUPP LIFE/STD & LTD INSURANCE PREM APRIL 2021 250 21113 $0.58 3.2.b Packet Pg. 29 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 3/31/2021 STANDARD INSURANCE COMPANY LIFE/SUPP LIFE/STD & LTD INSURANCE PREM APRIL 2021 106 21107 $1.59 3/31/2021 STANDARD INSURANCE COMPANY LIFE/SUPP LIFE/STD & LTD INSURANCE PREM APRIL 2021 239 21107 $2.55 3/31/2021 STANDARD INSURANCE COMPANY LIFE/SUPP LIFE/STD & LTD INSURANCE PREM APRIL 2021 241 21107 $2.55 3/31/2021 STANDARD INSURANCE COMPANY LIFE/SUPP LIFE/STD & LTD INSURANCE PREM APRIL 2021 106 21113 $3.15 3/31/2021 STANDARD INSURANCE COMPANY LIFE/SUPP LIFE/STD & LTD INSURANCE PREM APRIL 2021 238 21107 $3.83 3/31/2021 STANDARD INSURANCE COMPANY LIFE/SUPP LIFE/STD & LTD INSURANCE PREM APRIL 2021 207 21107 $5.35 3/31/2021 STANDARD INSURANCE COMPANY LIFE/SUPP LIFE/STD & LTD INSURANCE PREM APRIL 2021 206 21107 $8.78 3/31/2021 STANDARD INSURANCE COMPANY LIFE/SUPP LIFE/STD & LTD INSURANCE PREM APRIL 2021 239 21113 $9.29 3/31/2021 STANDARD INSURANCE COMPANY LIFE/SUPP LIFE/STD & LTD INSURANCE PREM APRIL 2021 241 21113 $9.29 3/31/2021 STANDARD INSURANCE COMPANY LIFE/SUPP LIFE/STD & LTD INSURANCE PREM APRIL 2021 238 21113 $14.33 3/31/2021 STANDARD INSURANCE COMPANY LIFE/SUPP LIFE/STD & LTD INSURANCE PREM APRIL 2021 207 21113 $16.70 3/31/2021 STANDARD INSURANCE COMPANY LIFE/SUPP LIFE/STD & LTD INSURANCE PREM APRIL 2021 201 21107 $21.97 3/31/2021 STANDARD INSURANCE COMPANY LIFE/SUPP LIFE/STD & LTD INSURANCE PREM APRIL 2021 206 21113 $23.56 3/31/2021 STANDARD INSURANCE COMPANY LIFE/SUPP LIFE/STD & LTD INSURANCE PREM APRIL 2021 201 21113 $24.35 3/31/2021 STANDARD INSURANCE COMPANY LIFE/SUPP LIFE/STD & LTD INSURANCE PREM APRIL 2021 250 21107 $43.51 3/31/2021 STANDARD INSURANCE COMPANY LIFE/SUPP LIFE/STD & LTD INSURANCE PREM APRIL 2021 250 21113 $65.76 3/31/2021 STANDARD INSURANCE COMPANY LIFE/SUPP LIFE/STD & LTD INSURANCE PREM APRIL 2021 100 21107 $1,564.37 3/31/2021 STANDARD INSURANCE COMPANY LIFE/SUPP LIFE/STD & LTD INSURANCE PREM APRIL 2021 100 21113 $2,094.22 CHECK TOTAL $3,915.73 1553 3/31/2021 STEPHEN QIU PARKS & RECREATION COMMISSION MEETING - MAR 2021 100520 52525 $45.00 3.2.b Packet Pg. 30 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT CHECK TOTAL $45.00 1554 3/31/2021 TEMCAL DEVELOPMENT CORP VEHICLE MAINTENANCE - FEB 2021 502430 52312 $34.47 3/31/2021 TEMCAL DEVELOPMENT CORP VEHICLE MAINTENANCE - FEB 2021 502630 52312 $77.98 3/31/2021 TEMCAL DEVELOPMENT CORP VEHICLE MAINTENANCE - FEB 2021 502655 52312 $80.97 3/31/2021 TEMCAL DEVELOPMENT CORP VEHICLE MAINTENANCE - FEB 2021 502620 52312 $302.10 CHECK TOTAL $495.52 1555 3/31/2021 TENNIS ANYONE INC TENNIS INSTRUCTION 100520 55320 $3,018.27 CHECK TOTAL $3,018.27 1556 3/31/2021 THE GAS COMPANY CITY HALL 2.11.21 - 3.15.21 100620 52215 $1,110.39 3/31/2021 THE GAS COMPANY DIAMOND BAR CENTER 2.16.21 - 3.17.21 100510 52215 $859.54 3/31/2021 THE GAS COMPANY 2900 BREA CANYON ROAD 2.12.21 - 3.16.21 100630 52215 $306.66 CHECK TOTAL $2,276.59 1557 3/31/2021 THOMAS M ORONA PARKS & RECREATION COMMISSION STIPEND - MAR 2021 100520 52525 $45.00 CHECK TOTAL $45.00 1558 3/31/2021 TUCKER TIRE COMPANY INC VEHICLE MAINTENANCE - PARKS & FACILITIES 502630 52312 $115.05 3/31/2021 TUCKER TIRE COMPANY INC VEHICLE MAINTENANCE - PARKS & FACILITIES 502630 52312 $547.52 CHECK TOTAL $662.57 1559 3/31/2021 VISION SERVICE PLAN VISION INSURANCE PREMIUM APRIL 2021 106 21108 $3.88 3/31/2021 VISION SERVICE PLAN VISION INSURANCE PREMIUM APRIL 2021 239 21108 $7.68 3/31/2021 VISION SERVICE PLAN VISION INSURANCE PREMIUM APRIL 2021 241 21108 $7.68 3/31/2021 VISION SERVICE PLAN VISION INSURANCE PREMIUM APRIL 2021 238 21108 $13.23 3/31/2021 VISION SERVICE PLAN VISION INSURANCE PREMIUM APRIL 2021 207 21108 $18.32 3/31/2021 VISION SERVICE PLAN VISION INSURANCE PREMIUM APRIL 2021 201 21108 $18.41 3/31/2021 VISION SERVICE PLAN VISION INSURANCE PREMIUM APRIL 2021 206 21108 $33.83 3.2.b Packet Pg. 31 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 3/31/2021 VISION SERVICE PLAN VISION INSURANCE PREMIUM APRIL 2021 250 21108 $45.08 3/31/2021 VISION SERVICE PLAN VISION INSURANCE PREMIUM APRIL 2021 100 21108 $1,917.28 CHECK TOTAL $2,065.39 1560 3/31/2021 WALNUT VALLEY WATER DISTRICT PARKS (PT. 2) FEB 2021 100630 52220 $735.68 3/31/2021 WALNUT VALLEY WATER DISTRICT DIST 41 (PT. 2) FEB 2021 241641 52220 $3,404.50 3/31/2021 WALNUT VALLEY WATER DISTRICT RECYCLED - FEB 2021 238638 52220 $466.42 CHECK TOTAL $4,606.60 1561 3/31/2021 WEST COAST ARBORISTS INC CITYWIDE TREE CARE & MAINT 3.1.21 - 3.15.21 100645 55522 $7,606.00 3/31/2021 WEST COAST ARBORISTS INC TREE CARE & MAINT - GRID 38 - 3.1.21 - 3.15.21 238638 55522 $2,850.00 3/31/2021 WEST COAST ARBORISTS INC CITYWIDE TREE WATERING 3.1.21 - 3.15.21 100645 55522 $680.00 CHECK TOTAL $11,136.00 1562 4/6/2021 CALPERS PENSION CONTRIBUTION 03/13/21- 03/26/21 PP 07/21 239 21110 $75.33 4/6/2021 CALPERS PENSION CONTRIBUTION 03/13/21- 03/26/21 PP 07/21 241 21110 $75.33 4/6/2021 CALPERS PENSION CONTRIBUTION 03/13/21- 03/26/21 PP 07/21 106 21110 $123.32 4/6/2021 CALPERS PENSION CONTRIBUTION 03/13/21- 03/26/21 PP 07/21 238 21110 $150.66 4/6/2021 CALPERS PENSION CONTRIBUTION 03/13/21- 03/26/21 PP 07/21 207 21110 $176.69 4/6/2021 CALPERS PENSION CONTRIBUTION 03/13/21- 03/26/21 PP 07/21 201 21110 $378.71 4/6/2021 CALPERS PENSION CONTRIBUTION 03/13/21- 03/26/21 PP 07/21 206 21110 $445.13 4/6/2021 CALPERS PENSION CONTRIBUTION 03/13/21- 03/26/21 PP 07/21 250 21110 $1,005.44 4/6/2021 CALPERS PENSION CONTRIBUTION 03/13/21- 03/26/21 PP 07/21 100 21110 $34,077.16 CHECK TOTAL $36,507.77 1563 4/6/2021 VANTAGEPOINT TRNSFR AGNTS- 303248 DEF COMP CONTRIBUTIONS & LOAN PYMTS PP 07/21 239 21109 $100.15 3.2.b Packet Pg. 32 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 4/6/2021 VANTAGEPOINT TRNSFR AGNTS- 303248 DEF COMP CONTRIBUTIONS & LOAN PYMTS PP 07/21 241 21109 $100.15 4/6/2021 VANTAGEPOINT TRNSFR AGNTS- 303248 DEF COMP CONTRIBUTIONS & LOAN PYMTS PP 07/21 238 21109 $200.30 4/6/2021 VANTAGEPOINT TRNSFR AGNTS- 303248 DEF COMP CONTRIBUTIONS & LOAN PYMTS PP 07/21 207 21109 $251.31 4/6/2021 VANTAGEPOINT TRNSFR AGNTS- 303248 DEF COMP CONTRIBUTIONS & LOAN PYMTS PP 07/21 201 21109 $499.98 4/6/2021 VANTAGEPOINT TRNSFR AGNTS- 303248 DEF COMP CONTRIBUTIONS & LOAN PYMTS PP 07/21 206 21109 $838.19 4/6/2021 VANTAGEPOINT TRNSFR AGNTS- 303248 DEF COMP CONTRIBUTIONS & LOAN PYMTS PP 07/21 250 21109 $1,404.98 4/6/2021 VANTAGEPOINT TRNSFR AGNTS- 303248 DEF COMP CONTRIBUTIONS & LOAN PYMTS PP 07/21 100 21109 $46,073.17 CHECK TOTAL $49,468.23 1564 4/6/2021 TASC FLEX SPENDING MEDICAL & CHILDCARE PP 07/21 4/2/21 207 21118 $11.22 4/6/2021 TASC FLEX SPENDING MEDICAL & CHILDCARE PP 07/21 4/2/21 250 21118 $25.56 4/6/2021 TASC FLEX SPENDING MEDICAL & CHILDCARE PP 07/21 4/2/21 206 21118 $28.66 4/6/2021 TASC FLEX SPENDING MEDICAL & CHILDCARE PP 07/21 4/2/21 100 21118 $1,304.83 CHECK TOTAL $1,370.27 1565 4/7/2021 AMERICOMP GROUP CONTRACT SERVICES/TONER 100230 51200 $3,492.54 CHECK TOTAL $3,492.54 1566 4/7/2021 ANIMAL PEST MANAGEMENT SERVICES INC COMPREHENSIVE PEST CONTROL - MAR 2021 100630 52320 $70.00 4/7/2021 ANIMAL PEST MANAGEMENT SERVICES INC COMPREHENSIVE PEST CONTROL - MAR 2021 100510 52320 $105.00 4/7/2021 ANIMAL PEST MANAGEMENT SERVICES INC COMPREHENSIVE PEST CONTROL - MAR 2021 100620 52320 $120.00 CHECK TOTAL $295.00 1567 4/7/2021 APEX UNIVERSAL INC ROAD MAINTENANCE SUPPLIES 100655 51250 $1,303.90 CHECK TOTAL $1,303.90 1568 4/7/2021 BRIGHTVIEW LANDSCAPE SERVICES INC ADDL' LANDSCAPE MAINTENANCE 100630 52320 $312.50 3.2.b Packet Pg. 33 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT CHECK TOTAL $312.50 1569 4/7/2021 BULLSEYE TELECOM INC CITY-WIDE PHONE SYSTEM - 3/9/2021 100230 52200 $1,628.89 CHECK TOTAL $1,628.89 1570 4/7/2021 CRAFCO INC ROAD MAINTENANCE SUPPLIES 100655 51250 $1,446.86 CHECK TOTAL $1,446.86 1571 4/7/2021 DENNIS VLASICH CS - LAND MGMT SYSTEM RFP/DEC 2020 - FEB 2021 503230 56135 $1,375.00 CHECK TOTAL $1,375.00 1572 4/7/2021 FEDERAL EXPRESS CORPORATION EXPRESS MAIL - GENERAL 100130 52170 $26.64 CHECK TOTAL $26.64 1573 4/7/2021 FRONTIER COMMUNICATIONS CORP ANALOG PHONE LINES - SUMMARY BILL 3/1/21 100230 52200 $775.00 CHECK TOTAL $775.00 1574 4/7/2021 INSIGHT PUBLIC SECTOR RECEIPT PRINTER INK 100230 51200 $259.30 CHECK TOTAL $259.30 1575 4/7/2021 INTEGRUS LLC RICOH COPY CHARGES - 1/19/21 - 2/18/21 100230 52100 $160.51 CHECK TOTAL $160.51 1576 4/7/2021 JOHN L HUNTER & ASSOC INC NPDES STORMWATER COMPLIANCE - JULY 2020 100610 54200 $2,067.50 4/7/2021 JOHN L HUNTER & ASSOC INC NPDES STORMWATER COMPLIANCE - JULY 2020 201610 54200 $8,270.00 4/7/2021 JOHN L HUNTER & ASSOC INC NPDES - TR53430 - MILLENNIUM 100 22109 $773.13 4/7/2021 JOHN L HUNTER & ASSOC INC NPDES - TR53670 - LOT5 100 22109 $618.13 4/7/2021 JOHN L HUNTER & ASSOC INC NPDES - 850 BREA CANYON ROAD 100 22109 $380.00 4/7/2021 JOHN L HUNTER & ASSOC INC NPDES - STORMWATER COMPLIANCE - AUG 2020 100610 54200 $373.25 4/7/2021 JOHN L HUNTER & ASSOC INC NPDES - STORMWATER COMPLIANCE - AUG 2020 201610 54200 $1,493.00 4/7/2021 JOHN L HUNTER & ASSOC INC NPDES - TR53430/MILLENNIUM - AUG 2020 100 22109 $143.75 4/7/2021 JOHN L HUNTER & ASSOC INC NPDES - TR53670/LOT 5 - AUG 2020 100 22109 $143.75 3.2.b Packet Pg. 34 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 4/7/2021 JOHN L HUNTER & ASSOC INC NPDES - 850 BREA CANYON RD/AUG 2020 100 22109 $47.50 CHECK TOTAL $14,310.01 1577 4/7/2021 LA COUNTY ASSESSOR OFFICE SBF ABSTRACT - JAN & FEB 2021 100230 52314 $128.00 CHECK TOTAL $128.00 1578 4/7/2021 METROLINK METROLINK PASSES - MARCH 2021 206650 55610 $436.10 4/7/2021 METROLINK METROLINK PASSES - MARCH 2021 206650 55620 $1,744.40 CHECK TOTAL $2,180.50 1579 4/7/2021 OFFICE SOLUTIONS OFFICE SUPPLIES FOR RECREATION 100520 51200 $258.54 4/7/2021 OFFICE SOLUTIONS OFFICE SUPPLIES FOR H/R 100220 51200 $103.03 CHECK TOTAL $361.57 1580 4/7/2021 ONE TIME PAY VENDOR SALLY PARK EVENT REFUND 100 20202 $1,555.91 CHECK TOTAL $1,555.91 1581 4/7/2021 QUADIENT FINANCE USA INC MONTHLY MAINTENANCE FEE - POSTAGE MACHINE 100230 52314 $1,558.46 CHECK TOTAL $1,558.46 1582 4/7/2021 QUINN RENTAL SERVICES EQUIPMENT RENTAL 100630 52300 $550.96 CHECK TOTAL $550.96 1583 4/7/2021 RKA CONSULTING GROUP BUILDING AND SAFETY SERVICES- FEBRUARY 2021 100420 55100 $44,908.40 4/7/2021 RKA CONSULTING GROUP BUILDING AND SAFETY SERVICES-PLNG ASST FEB 2021 100420 55100 $4,860.00 CHECK TOTAL $49,768.40 1584 4/7/2021 SITEIMPROVE INC ANNUAL SUBSCRIPTION SERVICE FEE 100230 52314 $6,100.18 CHECK TOTAL $6,100.18 1585 4/7/2021 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL - 801 S. LEMON AVE & VARIOUS TC-1 100655 52210 $299.84 CHECK TOTAL $299.84 1586 4/7/2021 THE COMDYN GROUP INC GIS SUPPORT - 2/13/21 - 3/12/21 100230 54900 $3,177.20 4/7/2021 THE COMDYN GROUP INC GIS SUPPORT - 8/29/20 - 9/11/20 100230 54900 $1,270.88 CHECK TOTAL $4,448.08 3.2.b Packet Pg. 35 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 1587 4/7/2021 US BANK CALCARD STATEMENT - MARCH 2021 999 28100 $4,906.68 CHECK TOTAL $4,906.68 1588 4/7/2021 VERIZON WIRELESS CELL PHONE SERVICE - PW/CD 2/17- 3/16/21 100230 52200 $1,932.63 CHECK TOTAL $1,932.63 1589 4/7/2021 WAXIE SANITARY SUPPLY JANITORIAL SUPPLIES - CITY HALL 100620 51200 $401.69 CHECK TOTAL $401.69 GRAND TOTAL $907,984.83 3.2.b Packet Pg. 36 Agenda #: 3.3 Meeting Date: April 20, 2021 TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager TITLE: TREASURER'S STATEMENT STRATEGIC GOAL: Responsible Stewardship of Public Resources RECOMMENDATION: Approve the December 2020 Treasurer’s Statement. FINANCIAL IMPACT: None. BACKGROUND/DISCUSSION: Consistent with City policy, the Finance Department presents the monthly Treasurer’s Statement to the City Council for 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: 3.3 Packet Pg. 37 REVIEWED BY: Attachments: 1. 3.3.a Treasurer's Report - December 2020 2. 3.3.b Investment Portfolio - December 2020 3.3 Packet Pg. 38 BEGINNING CASH BALANCE $42,452,001.11 CASH RECEIVED Cash Receipts 3,845,092.32 Total Cash Received $3,845,092.32 $46,297,093.43 EXPENDITURES Cash Disbursements (2,665,248.02) Charge Card Fees & Other Adjustments 500,660.72 Void Checks Total Expenditures ($2,164,587.30) CASH BALANCE AS OF: DECEMEBER 31, 2020 $44,132,506.13 TOTAL CASH BREAKDOWN Active Funds General Account $416,919.08 Payroll Account $49,335.31 Change Fund - General Fund $2,000.00 Change Fund - Prop A Fund $300.00 Petty Cash Account $500.00 Parking Account Minimum $250.00 Cash With Fiscal Agent $0.78 Cash With OPEB Trust $469,967.67 Amount Unamortized on Investments $22,789.59 Total Active Funds $962,062.43 Investment Funds: Local Agency Investment Fund $27,345,626.52 Long Term Investments $15,824,817.18 Total Investment Funds 43,170,443.70 CASH BALANCE AS OF: DECEMEBER 31, 2020 $44,132,506.13 $0.00 Fiscal Year-To-Date Effective Rate of Return 1.30% Fiscal Year-To-Date Interest Earnings $277,131.11 FY2020-21 Budgeted Annual Interest Earnings $613,890.00 CITY OF DIAMOND BAR - CITY TREASURER'S REPORT CASH BALANCE AS OF DECEMEBER 31, 2020 3.3.a Packet Pg. 39 3.3.b Packet Pg. 40 3.3.b Packet Pg. 41 3.3.b Packet Pg. 42 3.3.b Packet Pg. 43 Agenda #: 3.4 Meeting Date: April 20, 2021 TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager TITLE: FIRST AMENDMENT TO THE CONSULTANT SERVICES AGREEMENT WITH MICHAEL BAKER INTERNATIONAL, INC. FOR CANYON LOOP TRAIL PROJECT ENVIRONMENTAL SERVICES. STRATEGIC GOAL: Responsible Stewardship of Public Resources RECOMMENDATION: A. Appropriate $84,545 of General Fund reserves with anticipated reimbursement from Measure A, Measure W, Prop 68 and Habitat Conservation Grant; and, B. Approve, and authorized the Mayor to sign, the First Amendment with Michael Baker International, Inc. in the amount of $84,545. FINANCIAL IMPACT: A contract award (#202011) to Michael Baker International, Inc was approved at the May 5, 2020 City Council Meeting in a not-to-exceed authorization amount of $90,436 for Fiscal Year 2020-2021. This First Amendment will authorize $84,545 for a total of $174,981 and will be reimbursed though anticipated reimbursement from Measure A, Measure W, Prop 68, and Habitat Conservation Grant thereby red ucing the project construction budget. BACKGROUND/DISCUSSION: The intent of the Canyon Loop Trail Restoration Capital Improvement Project is primarily to realign the 1.29-mile trail, improve drainage to minimize erosion of the trail, enhance the use of the trail where the gradients are steep, re-grade cross slopes, and consider amenities such as directional and interpretive signage, rest areas with benches, small shade shelters, climbing steps with cobblestone swale channelization, and water diverting improvements where necessary. Such trail improvements will reward hikers and visitors with 360-degree views of open space. The Canyon Loop trail is located in an area containing critical habitat for the federally 3.4 Packet Pg. 44 protected coastal California gnatcatcher, as well as supporting habitat for the coastal cactus wren, a California State Species of Special Concern. Moreover, the occurrence of these bird species has been documented within the immediate vicinity of the project area. As such, the proposed trail improvements are subject to the California Environmental Quality Act (CEQA) and measures to mitigate the Project’s impact on habitat. The City Council awarded a contract on May 5, 2020 to Michael Baker International, Inc. (MBI) as the environmental consulting firm to prepare the appropriate CEQA document to assess the potential environmental impacts associated with proposed improvements to a 1.29 linear mile established pedestrian trail, and to identify appropriate mitigation measures to avoid or reduce those impacts to less-than-significant levels. This process concluded on February 2, 2021 as City Council adopted Resolution 2021 -04 approving and adopting the final Initial Study/Mitigated Negative Declaration (IS/MND) and Mitigation Monitoring and Reporting Program and directed staff to file a Notice of Determination. In addition, City Council directed staff to move the project forward. At this phase of the project, the City requires assistance with implementation and management of numerous mitigation measures identified within the IS/MND. Specifically, these mitigation measures pertain to rare plant focused surveys, preparation/processing of a Low-Effect Habitat Conservation Plan (HCP) in support of the Incidental Take Permit process, coordination with Soquel Canyon Mitigation Bank, and preparation of a Habitat Mitigation and Monitoring Plan for on-site mitigation. In addition, MBI will coordinate with state and local agencies as necessary to receive project approvals. Based on MBI’s experience, in-house biologist and ecological staff, and knowledge of this project, the survey work would begin late April in order to meet required habitat seasons. LEGAL REVIEW: The City Attorney has reviewed and approved the amended agreement as to form. PREPARED BY: 3.4 Packet Pg. 45 REVIEWED BY: Attachments: 1. 3.4.a 1st Amendment - Michael Baker International, Inc. 2. 3.4.b Exhibit A - Canyon Loop Scope of Services 3. 3.4.c Canyon Loop Trail Concept Plan 91919 3.4 Packet Pg. 46 FIRST AMENDMENT TO CONSULTANT SERVICE AGREEMENT This First Amendment to the Michael Baker International, Inc. agreement is made and entered into as of April 20, 2021, by and between the City of Diamond Bar, a municipal corporation (“City”), and Michael Baker International, Inc. (herein referred to as the “Contractor”) with reference to the following: A. The City and the Contractor entered into an Agreement dated as of May 5, 2020, which is incorporated herein by this reference (the “Original Agreement”); and B. The City and the Contractor desire to amend the Original Agreement to modify, amend and supplement certain portions of the Original Agreement. NOW, THEREFORE, the parties hereby agree as follows: 1. Defined Terms. Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Agreement. 2. Revised Scope of Services. The Scope of Work, Exhibit "A" to the Original Agreement, is hereby amended, modified and supplemented to include the work described on Exhibit "A" attached hereto and incorporated herein by this reference. 3. Compensation. The total not-to-exceed compensation set forth in Section 3 of the Original Agreement was the sum of Ninety thousand four hundred thirty-six dollars and zero cents ($90,436) for Fiscal Year 2020-2021. Section 3 of the Original Agreement is hereby amended to provide for an increase of Eighty-four thousand five hundred forty- five dollars and zero cents ($84,545) in Fiscal Year 2021-2022, so that the total not-to- exceed compensation, as amended by this First Amendment shall not exceed One hundred seventy-four thousand nine hundred eighty-one dollars and zero cents ($174,981) for Fiscal Year 2021-2022 without the prior authorization of the City. 4. Integration. This First Amendment and all attachments hereto (if any) integrate all of the terms and conditions mentioned herein, and supersede all negotiations with respect hereto. This First Amendment amends, as set forth herein, the Original Agreement and except as specifically amended hereby, the Original Agreement shall remain in full force and effect. To the extent that there is any conflict or inconsistency between the terms and provisions of this First Amendment and the terms and provisions of the Original Agreement, the terms and provisions of this First Amendment shall control. 3.4.a Packet Pg. 47 3.4.a Packet Pg. 48 1292625.1 EXHIBIT “A” ADDITIONAL SCOPE OF SERVICES 3.4.a Packet Pg. 49      5 Hutton Centre Drive, Suite 500 | Santa Ana, CA 92707 Office: 949.472.3505 | Fax: 949.472.8373 March 18, 2021 Mr. Ryan Wright Parks and Recreation Director City of Diamond Bar 21810 Copley Drive Diamond Bar, CA 91765 Subject: Canyon Loop Trail Improvement Project – Additional Work Request #1 Mr. Wright: Michael Baker International, Inc. (Michael Baker) is pleased to submit this Additional Work Request for additional services related to the Canyon Loop Trail Improvement Project. Michael Baker understands that, with completion of the California Environmental Quality Act (CEQA) process in February 2021, the City requires assistance with implementation of numerous mitigation measures identified within the Initial Study/Mitigated Negative Declaration (IS/MND). Specifically, these mitigation measures pertain to rare plant focused surveys, preparation/processing of a Low-Effect Habitat Conservation Plan (HCP) in support of the Incidental Take Permit process, coordination with Soquel Canyon Mitigation Bank, and preparation of a Habitat Mitigation and Monitoring Plan for on-site mitigation. A detailed scope of work for these components of the mitigation program is provided below. 1. Rare Plant Focused Surveys Based on the results of Michael Baker’s previous biological survey and review of occurrence records, chaparral sand- verbena (Abronia villosa var. aurita; California Rare Plant Rank (CRPR) 1B.1), Braunton’s milk-vetch (Astragalus brauntonii; federally listed as endangered and CRPR 1B.1), Nevin’s barberry (Berberis nevinii; federally and State listed as endangered and CRPR 1B.1), intermediate mariposa lily (Calochortus weedii var. intermedius; CRPR 1B.2), Parry’s spineflower (Chorizanthe parryi var. parryi; CRPR 1B.1), many-stemmed dudleya (Dudleya multicaulis; CRPR 1B.2), mesa horkelia (Horkelia cuneata var. puberula; CRPR 1B.1), and aparejo grass (Muhlenbergia utilis; CRPR 2B.2) have potential to occur within the project site, as well as additional CRPR 3 and 4 species. CRPR 1 and 2 species are considered for significant impacts under CEQA, while CRPR 3 and 4 species typically are not. As such and in compliance with Mitigation Measure BIO-1 from the IS/MND, Michael Baker’s qualified biologists/botanists will conduct rare plant surveys, consisting of two (2) separate visits during the blooming season (generally April through July), to document the number and location(s) of rare plants including but not limited to those listed above, as well as confirm the boundaries of sensitive natural communities, within the survey area (trail improvement/project impact area plus 150-foot buffer), analyze potential impacts, and provide recommendations for avoidance, minimization, and mitigation measures to reduce impacts to a less than significant level if present. The rare plant surveys will be conducted in accordance with guidelines provided by the California Native Plant Society (CNPS 2001), the U.S. Fish and Wildlife Service (USFWS 2002), and the California Department of Fish and Wildlife (CDFW 2018). The survey area will be assessed systematically on foot by walking transects that will vary between approximately 10 and 50 feet apart depending on plant density and visibility to allow for 100 percent coverage necessary to inventory all plant species. Binoculars will be used in areas that are inaccessible on foot, with more complete, thorough coverage within the proposed project site. The surveys will be floristic in nature, meaning that all species encountered will be identified to the taxonomic level necessary to determine rarity and listing status. 3.4.b Packet Pg. 50 Ryan Wright Canyon Loop Trail Improvement Project March 18, 2021   Following the completion of the final survey, Michael Baker will prepare a brief letter report summarizing the methods, conditions, and results of the rare plant surveys. The report will include the documentation and mapping of all rare plant species observed within the survey area. Site photographs taken during the field survey and GIS figures will be included as attachments to the report to further enhance written text and visually depict specific locations of any rare plant species, if found. Further, Michael Baker will complete and submit California Native Species Field Survey Form(s) to the CNDDB if rare plants are discovered, accompanied by any supporting documentation (e.g., GPS points, field maps, photographs). Assumptions & Exclusions: This task assumes two (2) separate field surveys will be conducted during the blooming period and one (1) round of review/revisions to the draft report before accepted as final. This task assumes that the areas to be surveyed will only include those to be directly impacted as part of the project, as well as a 150-foot buffer; areas that will not be impacted or that are not within 150 feet of the impact areas will not be surveyed. Due to the often- dense vegetation and difficult terrain throughout the survey area, this task includes four (4) Michael Baker biologists so that the rare plant surveys can be conducted more thoroughly and efficiently. 2. USFWS Consultation In compliance with Mitigation Measure BIO-2 of the IS/MND, Michael Baker will initiate contact with the USFWS Carlsbad Field Office (CFO) for the purposes of determining whether the project qualifies for a low-effect habitat conservation plan (HCP). In order to establish the preliminary determination of whether the project qualifies for a low- effect HCP, Michael Baker may be required to provide the CFO with copies of the project’s Biological Resources Assessment Report, MMRP, the Coastal California Gnatcatcher and Cactus Wren Focused Survey Report, and/or the Final Initial Study/Mitigated Negative Declaration. By engaging in preliminary discussions with the USFWS, Michael Baker can confirm that Task 3, below, is the appropriate course of action for the project. Assumptions & Exclusions: This task assumes that in-person visits to the CFO will not be required and that all communications will occur over email, phone, or video call. One (1) visit to the project site is included for Michael Baker’s biologist/HCP author, Michael Baker’s project manager, and Michael Baker’s restoration ecologist in this task in the event that the USFWS wants to see the site in person during the preliminary decision process. 3. Low-Effect Habitat Conservation Plan Assuming that the USFWS agrees that the project is likely to qualify for a low-effect HCP, Michael Baker will work with the City of Diamond Bar, the USFWS, the Soquel Canyon Mitigation Bank, and other relevant parties to prepare a low- effect HCP document for the project. The low-effect HCP is expected to include, at a minimum, a comprehensive project description including expected construction methods; descriptions of project alternatives and the reasons why the proposed alternative was chosen; a description of the on-site vegetation and the species to be covered including local and regional trends; an analysis of expected direct, indirect, and cumulative impacts and how those impacts will affect the resources to be covered; biological goals and objectives of the low-effect HCP; avoidance, minimization, and mitigation measures proposed by the City of Diamond Bar and those suggested by the USFWS during consultations; a preliminary plan for restoration and/or mitigation including a description of the funding that will be required; and required reporting. Michael Baker will also prepare and submit USFWS Form 3-200-56 for Incidental Take Permits Associated with a Habitat Conservation Plan. Michael Baker will coordinate with the USFWS as needed during the preparation process. Assumptions & Exclusions: This task assumes that the USFWS will agree that the project qualifies for a low-effect HCP. If the USFWS determines that a full HCP is required, an additional Scope and Fee will be required prior to any additional work occurring. This task assumes that in-person visits to the CFO will not be required and that all 3.4.b Packet Pg. 51 Ryan Wright Canyon Loop Trail Improvement Project March 18, 2021   communications will occur over email, phone, or video call. This task assumes up to three (3) rounds of review/revisions from the City of Diamond Bar and/or the USFWS to the draft HCP document before accepted as final. Deliverables: Michael Baker will submit an electronic copy (PDF) of the final low-effect HCP document to the City of Diamond Bar and will submit the final document, along with application Form 3-200-56, to the USFWS for review upon completion. Because this task assumes that a low-effect HCP will be authorized, an implementing agreement will not be necessary. 4. Coordination with Soquel Canyon Mitigation Bank On behalf of the City, Michael Baker will coordinate with the Soquel Canyon Mitigation Bank (Bank) to begin the process of acquiring credits for habitats identified for compensatory mitigation as part of the Canyon Loop Trail Improvement Project. Michael Baker will work with the Bank to provide necessary documentation on the mitigation requirements and begin the process of a Reservation Agreement to secure credits. Currently, coastal sage scrub habitat is confirmed to be available at the Bank. Assumptions & Exclusions: This task would begin following the finalization of impacts with the associated project. Following the Reservation Agreement, the City would continue with the final payments and documentation required with the Bank. 5. Habitat Mitigation and Monitoring Plan Michael Baker shall prepare a Habitat Mitigation and Monitoring Plan (HMMP) for coast prickly pear scrub to offset the project’s impacts. Areas for potential restoration shall be identified and the Plan developed following approval from the City and CDFW. The Plan shall discuss:  Responsibilities and qualifications of the personnel to implement and supervise the plan. The responsibilities of the City that would supervise and implement the plan shall be specified.  Site preparation and planting implementation. Site preparation may include: (1) protection of existing native species; (2) trash and weed removal; (3) native species salvage and reuse (i.e., prickly pear); (4) native seed mix; and (5) soil treatments (i.e., imprinting, decompacting).  Schedule. A schedule shall be developed which includes planting occurring concurrently with construction should the time of year be appropriate. If not, then planting and seeding would occur late fall and early winter (between October 1 and January 30).  Maintenance plan/guidelines. The Maintenance Plan shall include: (1) weed control; (2) herbivory control; (3) trash removal; (4) proposed watering method and schedule; (5) maintenance training; and (6) replacement planting.  Monitoring Plan. The Monitoring Plan shall be described to include: (1) qualitative monitoring (i.e., photographs and general observations); (2) quantitative monitoring (i.e., randomly placed transects); (3) performance criteria, as approved by CDFW; (4) monthly reports for the first year and reports every other month thereafter; and (5) annual reports, which shall be submitted to CDFW on a yearly basis, for five years. This task does not include monitoring of the restoration sites.  Long-term preservation. Long-term preservation of the site shall also be outlined in the Plan to ensure the mitigation site is not impacted by future development. 3.4.b Packet Pg. 52 Ryan Wright Canyon Loop Trail Improvement Project March 18, 2021   Pursuant to agency requirements, the HMMP will include a maximum of four (4) exhibits to enhance the written text and clarify the approach. Exhibits are anticipated to include: 1) Regional Vicinity Map; 2) Site Vicinity Map; 3) Mitigation Site Plan; and, 4) On-Site Photographs. This task includes time for Geographic Information Systems (GIS) analysis. A reference site will also be identified within the park to provide an “example” of what the mitigation site would become. This task includes time for a field visit to confirm the reference conditions. Calculation of Plant Quantities Working in concert with Michael Baker’s restoration ecologists, our licensed architect will review the species planting list and identify plant quantities to be utilized. This task includes identification of plant types (i.e. cactus pads and hydroseed) and quantities (cuttings/pounds/gallons per acre). This task excludes construction and irrigation plans; however, such plans can be provided if needed under an approved contract augmentation. Preparation of Final HMMP Report This task includes response to comments and revisions associated with client and/or CDFW reviews. Michael Baker shall provide regulatory services for the completion of the HMMP. The processing shall include required correspondence or telephone calls between the reviewing staff related to the HMMP. Typically agency comments are responded to via email; however, this task includes one (1) round of formal (written and hard copy submittal) response to comments as needed. Assumptions & Exclusions: This task assumes only prickly pear scrub will be mitigated on-site due to lack of availability of the habitat within Soquel Canyon Mitigation Bank. Should additional habitats be required to mitigate on-site, additional funding would be required in order to determine locations for restoration nearby the project area, conduct a brief site assessment, and incorporate the updates into the Plan. This task does not include implementation or monitoring of the Plan. 6. Meetings, Management and Coordination With oversight from Richard Beck, Alan Ashimine will be responsible for management and supervision of the Project Team as well as consultation with City staff. Mr. Ashimine will undertake consultation and coordination of the project and review deliverables for consistency with regulatory requirements. Michael Baker will coordinate with state and local agencies as necessary to require applicable project approvals. Mr. Ashimine will coordinate with all technical staff, support staff and word processing toward the timely implementation of the IS/MND mitigation measures. It is the goal of Michael Baker to serve as an extension of City staff throughout the duration of the project. Michael Baker’s project manager, biological, and ecological restoration staff will participate in up to three (3) project meetings to provide status updates and discuss key issues. Should City determine that additional meetings are necessary, services will be provided under a separate scope of work on a time and materials basis 3.4.b Packet Pg. 53    FEE ESTIMATE 3.4.bPacket Pg. 54 HV1059.11103.41128.01135.61135.51094.31088.81128.21143.81058.61067.21077.51075.41086.51106.21108.21126.91049.31068.11078.61080.21074.31075.41101.81092.41084.01070.01059.01054.91065.5996.11002.01009.91021.81034.41036.51036.81034.91039.11054.21025.51107.4987.9997.21008.81013.01015.21017.91017.41067.61095.91114.8986.2978.5979.3983.1989.91027.51095.9996.71007.01008.61008.61012.31020.51017.91038.91050.31001.4991.51005.81018.01027.31033.41048.21053.21038.41050.01050.21016.91029.61045.01065.31079.31081.21067.51052.51081.71029.01026.01023.41031.11058.51088.01100.51103.91070.71104.81103.91058.01044.41052.01089.01114.71126.11122.31102.01123.01086.41129.81147.01146.91166.01149.21166.81118.91 1 0 0 . 3 1142.11137.81135.31145.51139.31167.01169.01172.81177.41246.01173.01194.71208.71208.21223.01227.71232.81237.31260.91263.91115.41181.01215.81235.81240.81244.91245.31252.01260.71272.61275.51262.61258.71132.11171.41198.91222.51243.11255.31258.31252.51259.71282.41268.21242.21239.41139.91188.61221.21241.91251.71133.81163.01197.61184.01222.01205.81176.21102.61149.31143.21130.91064.71122.71049.11072.01079.31078.41081.11099.11069.11063.21076.91073.01083.91117.91137.51145.71126.21138.31159.41099.61095.81112.31116.61167.91188.41144.51138.21144.41153.11160.61189.61182.0HVHVHVHVHVHVHVHVHVHVHVHVHVHVHV1115.01120.01125.01185.01180.01135.01125.01120.01115.01115.01110.0SHADE STRUCTURE WITH BENCHESWAYFINDING SIGNSHADE STRUCTUREWITH BENCHESSHADE STRUCTUREWITH BENCHESWAYFINDINGSIGNWAYFINDINGSIGNTRAIL TO BE EXPANDED TO 5' WIDEEXISTING TRAIL TO REMAINGABION RETAINING WALLSTAIRS (TOTAL OF 6)WAYFINDING SIGNLODGE POLE FENCESHADE STRUCTURE WITH BENCHES &TRASH RECEPTACLEPROPOSED BENCHDRAINAGE CROSSINGLEGENDEXISTING SIGNTO BE REMOVEDEXISTING BENCHEXISTING BENCHCANYON LOOP MULTI-USE TRAILNORTHNORTH DATE: 9-19-2019CITY OF DIAMOND BARNORTH CANYONLOOP TRAIL 2001 EAST FIRST STREET, SUITE 160SANTA ANA, CA 92705PHONE: (714) 245-9270FAX:(714) 245-9275SOUTH CANYONLOOP TRAILSOUTH CANYONLOOP TRAILGRAND VIEWTRAILSTEEP CANYONTRAIL CONNECTIONCONCEPT PLANPERFORATED BENCHGABION RETAINING WALLGABION RETAINING WALLSTAIRS WITH HANDRAIL & DRAINAGESTAIRS WITH HANDRAIL& DRAINAGETRAIL WIDENING,TYPICALLODGE POLE FENCEWITH "TRAIL CLOSED"SIGN MOUNTED ONFENCE, TYPICALGABION RETAINING WALLPOTENTIAL VIEWPOTENTIAL VIEWPOTENTIAL VIEWNORTH CANYONLOOP TRAILEDISONTOWEREDISON OVERHEAD WIRESEDISONTOWEREDISONTOWEREDISON OVERHEAD WIRESEDISON OVERHEAD WIRESEDISON OVERHEAD WIRESDRAINAGECROSSING, TYPICALDRAINAGECROSSING, TYPICAL3.4.cPacket Pg. 55 Agenda #: 3.5 Meeting Date: April 20, 2021 TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager TITLE: AWARD OF CONSTRUCTION AGREEMENT TO R.J. NOBLE COMPANY, INC. FOR THE DIAMOND BAR BOULEVARD STREET REHABILITATION PROJECT FROM PATHFINDER ROAD TO MOUNTAIN LAUREL WAY (NO. SI20101). STRATEGIC GOAL: Safe, Sustainable & Healthy Community RECOMMENDATION: A. Establish a Project Payment Account containing sufficient funds from the current fiscal year budget to pay for the Project; and B. Approve, and authorize the Mayor to sign, a Construction Agreement with R.J. Noble Company, Inc. in the amount of $1,057,505 approving the Base Bid Schedule and Additive Alternate Bid Schedule, plus a contingency amount of $105,750, for Contract Change Orders to be approved by the City Manager, for a total authorization amount of $1,163,255. FINANCIAL IMPACT: Sufficient funds are included in the FY 2020-2021 Capital Improvement Program for this project, including contingencies, as follows: Diamond Bar Boulevard Street Rehabilitation from Pathfinder Road to Mountain Laurel Way Project (No. SI20101) Construction Budget Encumbrance/ Expenses Balance SB-1 $1,200,000 $1,200,000 Construction Base Bid + Additive Alternate ($1,057,505) $142,495 Contingency (10%) ($105,750) $36,745 Balance $36,745 3.5 Packet Pg. 56 The contingency amount of $105,750 for R.J. Noble Company, Inc. will only be used in the event of unforeseen circumstances that will warrant a contract change order. BACKGROUND/DISCUSSION: The Diamond Bar Boulevard from Pathfinder Road and Mountain Laurel Way Street Rehabilitation Project (Project) will rehabilitate a one-mile stretch of Diamond Bar Boulevard that is recommended for rehabilitation by the current Pavement Management System/Report. Last year’s Diamond Bar Boulevard rehabilitation project began at Clear Creek Canyon and ended at Mountain Laurel Way. The Project will begin where the last project ended (see the Map in Attachment 1) and will remove/replace the top 2” - 4” of AC pavement, enhance the bike lane striping configuration, replace several sections of damaged sidewalk and gutter, and upgrade several curb ramps to comply with the latest Americans with Disabilities Act (ADA) standards. The successful execution of this project will create a continuous, enhanced 2 -mile corridor on Diamond Bar Boulevard between Pathfinder Road and Clear Creek Canyon. With the completion of the plans and specifications, the project was advertised for bids with a bid opening on March 24, 2021. The project is divided into two bid schedules: Base Bid: Mountain Laurel Way to Morning Canyon Road Additive Alternate: Morning Canyon Road to Pathfinder Staff budgeted the Project with the goal of rehabilitating the entire corridor from Mountain Laurel Way to Pathfinder Road. Due to the ongoing a nd dynamic nature of the COVID-19 pandemic, staff prepared a Base Bid with a smaller project scope to account for any unusual rises in construction costs, and determined the Project would be awarded based on the Base Bid amount. This way, there would still be an opportunity to rehabilitate a significant portion of Diamond Bar Boulevard on schedule. Based on the bid results, the City will be able to award the Base Bid and Additive Alternate to complete the full project scope. See the proposed agreement in Attachment 2. Ten (10) bid proposals were received. R.J. Noble Company, Inc. was the lowest responsible bidder with a Base Bid in the amount of $878,511. The results for the bids are shown below: Company Base Bid Base Bid + Additive Alternate 1. R.J. Noble Company, Inc. $878,511 $1,057,505 2. All American Asphalt $892,708 $1,052,217 3. Sialic Contractors, Inc. $907,662 $1,130,906 4. Copp Contracting, Inc. $926,452 $1,123,686 5. Hardy & Harper, Inc. $940,000 $1,112,295 6. Onyx Paving Company, Inc. $996,000 $1,169,052 7. Sequel Contractors, Inc. $1,005,957 $1,174,957 8. Gentry Brothers, Inc. $1,007,276 $1,206,276 9. Beador Construction, Inc. $1,237,300 $1,528,600 10. Aid Builders, Inc. $1,767,275 $2,110,647 3.5 Packet Pg. 57 Staff has verified that R.J. Noble Company, Inc. holds a valid contractor license and maintains a reputable experience with similar projects. The tentative schedule of this project is as follows: Award of Contract April 2021 Notice to Proceed April 2021 Completion of Construction July 2021 PREPARED BY: REVIEWED BY: Attachments: 1. 3.5.a Project Map 2. 3.5.b Construction Agreement - RJ Noble 3.5 Packet Pg. 58 3.5.a Packet Pg. 59 PUBLIC WORKS AGREEMENT The following agreement ("Agreement") is made and entered into, in duplicate, as ofthe date executed by the Mayor and attested to by the City Clerk, by and between R.J. Noble Company, lnc. hereinafter referred to as the "Contractor" and the City of Diamond Bar, California, hereinafrer referred to as "City." WHEREAS, pursuant to Notice lnviting Sealed Bids, bids were received, publicly opened, and declared on the date specified in the notice: and WHEREAS, City accepted the bid of Contractor R.J. Noble Company, lnc. and; WHEREAS, City has authorized the Mayor to execute a written contract with Contractor for furnishing labor, equipment and material for the Arterial Street Rehabilitation (Diamond Bar Boulevard from Pathfinder Road to Mountain Laurel Way Project (No. Sl20l01) in the City of Diamond Bar. NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is agreed: 'l 2 ERAL S PE B Contraclor shall furnish all necessa ry labor, and do the work for the Arteria I Street ln 021 and (The Plans and Specifications Clerk and in accordan with bid prices hereinafrer me ntioned and in accordance with the instructions of the City Engineer specifications, daled January 2 ) on file in the offlce of the City the City of Diamond Bar. The work to be performed February 2021, D BE C nco erein by reference a ma e a part Plans a with like set forth in full herein. The Plans and S ons are force and effect as if 2021, together with this Ag parties. This Agreement is i pecilications, Contractor's Bid dated March 24, reement, shall constitute the entire agreement between the ntended to require a com plete and fi nished piece ofwork and anything necessary to complete the work ln accordance with the law and lalyful governmental regulations shall be the Contractor whether set out specifica lly i the n the contrrct or not. Should aforesaid documents and this Agreement, the followin g order of recedencebetween ed that an y inconsistency exists shall apply: (1) This Agreement;(2) The Plans and Specificatio ns; and (3)ontractor's Bid propedy and performed by it be ascertain p c - .. . 3, _. gg[aPENSATlqll: Contractor agrees to receive and accept the prjces set forth in its Bid Proposal as full compensation ior furnishing all materiald, perf6rming all work. and fullilling all obligalions tiereunder. Said comp;nsation in the'amount dneMillion Fifty Seven Thousand Five Hundred Five Dollars ($1,057,505) shall cover all expenses, losses, damages, and consequences arising out of the nature of the workduring its prcgress. or prior to its acceptance including those for well and faithfully completing the work and the whole thereof in the manner and time soecified in th6aforesaid contract documents; and also tncluding those arisinq from actions of theelements, unforeseen difficulties or obstructions eicountered in ihe Drosecution of thework, suspension or discontinuance of the work, and all other unknorins or risks of any Pathfinder Road to Mountain Laurel wav) 3.5.b Packet Pg. 60 descriotion connected with the work. Final payment to Contractor shall be withheld for at Elii {ri olrs attiiirre t'me in which contra;to'r has verified, to the City's satisfaction, that iih;; il#'ltt"n ait inroimation to the Department of lndustrial Relations required by Labor Code S 1773.3. 4.TERM O REEM tLt UID D DAMA : Contractor a grees to complete the work with Forty Five (45) working days from e date of the notice totn proceed. contractor agrees further to the assessment of liquidated damages in the amount of sevin Hundrei Fifty ($750) dollars for each calendar day !he. work remains incomotete bevond the eipiiation'of the completion date. City may deduct the amount i6eieoi fro, 6ny monies due or that may become. due the Contractor under this Asielrent. pio6ress payments made afteithe scheduled date of completion shall not constitute a waiver of liquidated damages. 5. INSURANCE: Contractor shall not commence work under this Agreement until it has oIl]inEfiEiffis u rance required hereunder in a company or companies iCieotable to Citv nor shall the Contraitor allow any sub-contractor to commence work on hib sub-contra'ct until all insurance required of the sub-contractor has been obtained. The Conhactor shall take out and maintain at all times during the life of this contract the following policies of insurance: a. Workers' Compensation lnsurance: Before beginning work' the Contractor shail furnish to the City a certificate of ihsurance as proof that he has taken out full workeis' compensation insurance for all persons whom he may employ.directly or through sub-contractors in carrying out the work'specified herein, in acco-rdance with the.laws of ttie State of California. Such insurance shall be maintained in full force and effect during the period covered by this contract. ln accordance with the provisions of $ 3700 of the California Labor Code, every Contractor-shall secure the payment ofcompensation to his'empl6yees. The Contractor, prior to commencing work, shall sign and file witn the City a certification as follows: "l am aware of the provisions of $ 3700 of the Labor Code which requires every edrployer to be ins-ure{ again-st liability for woikers' conipensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply- with such provisioni before commencing the performance of work of this contract." For all operations of the Contractor or any sub-contractor in performin! 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. lf Commercial General Liability insirrdnce oi other form with a general aggregate limit shall ipply separately to this Agreement or the general aggregateiimit shall be twice the required occurrence limit. b 3.5.b Packet Pg. 61 2)Automobile - $1,000,000 per accident for bodily injury and property damage. d e 3) Employer's Liability - $1,000,000 per accident for bodily injury or disease. Each such policy of insurance provided for in paragraph b. shall: 1) Be issued by an insurance company approved in writing by City, which is authorized to do business in the State of California. 2) Name as additional insured the City of Diamond Bar, its officers, agents and employees, and any other parties specified in the bid documents to be so included; 3) Specify it acts as primary insurance and that no insurance held or owned by the designated additional insured shall be called upon to cover a loss under the policy; 4) Contain a clause substantially in the following words: "lt 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. The policy of insurance provided for in subparagraph a. shall contain an endorsement which: I ) 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 lt shall not be canceled or altered without thirty (30) days' written notice thereof given to City. The Contractor shall, prior to performing any work under this Agreement, deliver to the City Manager or his designee the original policies of insurance required in paragraphs a. and b. hereof, or deliver to the City Manager or his designee a certificate of the insurance company, showing the issuance of such insurance, and the additional insured and other provisions required herein. Self lnsured Retention/Deductibles. All policies required by this Agreement shall allow City, as additional insured, to satisfy the self- t. 3.5.b Packet Pg. 62 insured retention ("SlR') 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 ofthis 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 Contraclols failure or refusal to do so in order to secure defense and indemnification as an additional insured under the policy, City may include such amounts as damages in any action against Contractor for breach of this Agreement in addition to any other damages incurred by City due to the breach. 6. PREVAILING WAGE: Since this is a Federally assisted construction project, Davis-Bacon will bEGnloiEi:d. lf Federal and State wa'ge rates are applicabte, then the higher of the two will prevail. The Federal Labor Standards Provisions (Form HUD-4010) and lhe Federal Wage Determination are attached and made part df this Agreement, and compliance willbe enforced. Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapler 1, Articles '1 and 2, the Contractor is required to pay not less than the general prevailihg rate of per diem wages for work of a siniilar charicGr in the locality in which the p_ublic works is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. ln that regard, the Direator o{ the Department of lndustrial Relations of the Slate of California is required lo 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 Ciiv Clerk of the Citv of Diamond Bar- 21810 Copley Drive. Diamond Bar. California, and a're availabb to a-ny interested partyon request. City also shallcause a copy of such determinations to be p'osted at thejob site. Contractor shall forfeit, as penalty to City, not more than two hundred dollars ($200.00) for eacrl laborer, workman or mechanic employed for each calendar day or portion thereof, _if such laborer, workman or mechanic ii paid less than the genLral prevailing rate ofwages 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 lndustrial Relations puisuant to Labor Code S '1725.5. wh'ich precludes the ariard of a contract for a public work on any public works project awarded after April '1 , 2015 to aperson nol registered. This Agreement is subject to compliance monitoring and enforcement by the Department of lndustrial Relations. 7. APPRENTICESHIP EMPLOYMENT: ln accordance with the provisions of ions of the California be employed in the S 1777.5 of lhe Labor e-dE,-nd in accordar with the reoulat Apprenticeship Council, properly indentured apprentices riay 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 3.5.b Packet Pg. 63 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 $$ 1777 .5 and 1777 .6 in the employment of apprentices. lnformation relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of lndustrial 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: Ei ght (8) hours of labor shall constitute day's work for all workmen employed in the execution of this Agreement, a Contractor and any sub-contractor under him shall comply with and be governed laws of the State of California having to do with working hours set forth in Division 7, Chapter 1 , Article 3 of the Labor Code of the State of California as amended. Contractor shall forfeit, as a penalty to City, twenty-five dollars ($25.00) for each laborer, workman or mechanic employed in the execution of the contract, by him or any sub-contractor under him, upon any of the work hereinbefore mentioned, for each calendar day during which the laborer, workman or mechanic is required or permitted to labor more than eight (8) hours in violation of the Labor Code. 9. TRAVEL AND SUBSISTENCE PAY: Contractor agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code S 1773.8. a legal nd the by the 2, Part tnJ ofor employees of Contractor,its sub-contractors or '10.NT The City and its officers, agents and employees ("lndemnitees") sha not answerable or acc ountable in any manner for any loss or damage that may happen to the work or an in performing t y part he wo thereof, or for any of the materials rk;or for ury or damage to anyor other things used or employed er workersperson or persons, eith 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 indemniry Indemnities against and will hold and save lndemnitees 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 arislng out 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. ln 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 lndemnitees covering such claims, damages, 3.5.b Packet Pg. 64 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 lndemnitees harmless therefrom. c. ln the event lndemnitees 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 lndemnitees and any all costs and expenses incurred by lndemnitees 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 lndemnitee. However, without affecting the rights of City under anv provision of this Aqr.eJment.L Contractor shall not be required to indemnifi/ and hold harmless City for liability.attributable to the active negligence of City, provided such aclive negligenee is determined by agreemenl between the parties or by the findings of a court of bohpetentjlrisdiclion. ln instances where City is shown to have been actively negligent and irhere crty achve negligence accounts for only a percentage of the liability involved, the obligalion. 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 retajned by Cityuntil 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 lndemnitees may have under the law. This indemnity is effective without reference to the existence or applicability of any insu rance . coverage which may have been required under this Ajrbement -or anir additional insured endorsements which may extend to lndemnitees. - Contractor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the lndemnitees, rhile actin6 within the scope of their aiuties, from all claims, losses and liabilities ariding out of o-r in-cident lo activities or operations performed by or on behalf ofthe Contractor-regardless of any prior, concurrent, or subsequent passive negligence by the lndemnitees. 11. CONTRACTOR'S WARRANry OF COMPLIANCE WTH COUNTY'S FAULTED P DUCTION PR A. Contractor acknowledges that the County has established a goal of ensuring that all individuals and businesses that benefit financially from the County through contract are current in paying their personat and real property tax obtigationa (secured and unsecured roll) in order to mitigate the economic burden otherwise imposed upon the County and its taxpayers. Unless the Contractor qualifies for an exemption or exclusion, the Contractor warrants and certifies that to the best of its knowledge it is now 3.5.b Packet Pg. 65 agrees to post in conspicuous places available to employees and applications, a notice setting forth provisions of this non-discrimination clause. of such person. A violation of this section exposes the Contractor to the penalties provided for in Labor Code S 1735. in compliance, and during the term of this Contract will maintain compliance, with the County's Defaulted Tax Program, found at Los Angeles County Ordinance No. 2009-0026 and codi{ied at Los Angeles County Code, Chapter 2.206. B. Failure of the Contractor to maintain compliance with the requirements set foft in lhe 'COUNTY,S DEFAULTED PROPERTY TAX REDUCTION PROGRAM" shaII constitute default under this Contract. Without limiting the rights and remedies available to the City under any other provision ofthis Contract, failure ofthe Contractor to cure such default within 10 days of notice shall be grounds upon which the City may suspend or terminate this contract pursuant to the County's Defaulted Property Tax Reduction Program found at Los Angeles County Ordinance No.2009-0026 and codified at Los Angeles County Code. Chapter 2.206. 12 RIMINATION Pursuant to Labor Code S 1735,no discrimination shall be rnade in ttre e this Agreement because of the race, m ployment of color. sex. persons in the work contemplated mental disabil ity, physical disability, by religion or other reason set forth in Government Code S 12940 of such person. Contractor '13. PAYMENT FUND: ACity 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 ofthis 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 ihis fund, and City's ability to draw from this fund, are conditions precedent to City's obligation to make payments to Contractor. '14 SENTATION OF Any claim, as that term is delined in Public Contract Code $ 9204 shall be submitted in accordance with S 9204 and shall contain a sufficient description ofthe claim, the basis lherefore and documentalion in support ofthe claim. The claim shall be processed as more fully set forth in the Plans and Specifications. 15. TERMINATION: This Agreement may be terminated by the City. for any reason, upon the giving of a written "Notice of Termination" to Contractor at least thirty (30) days prior to the date of termination specilied in the notice. Upon receipt of such notice, Contractor shall immediately cease work, unless otherwise directed by the Notice of Termination. ln the event of such termination, Conhactor shall be paid for services satisfactorily rendered and expenses reasonably and necessarily incurred prior to the effective date oftermination, unless the Notice of Termination is issued for cause, in which event the City may withhold any disputed compensation. Contractor shall not be entitled to any claim for lost profits. N( 3.5.b Packet Pg. 66 Notwithstanding any other provision of this Agreement, any failure to comply with this paragraph by the Contractor shall permil the LCA or the CDC to recover as damages against the Contractor any loss, expense or cost (including without limitation attorney's fees) incurred by the LCA or the CDC resulting from any such failure (including without limitation any impairment or loss of funding, whether in whole or in part, from the CDC is a third-party beneflciary and neither this paragraph (nor any other provision of this Agreement necessary to give this paragraph force or effect) shall be amended or waived without the prior written consent of the CDC. 3.5.b Packet Pg. 67 State of California Contractor's License No. 782908 Contractor's Business Phone: 714637-1550 Contractor's emergency phone which can be reached at any time: 714-637-1550 lN 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. R.J. NOBLE COMPANY, INC. By: Title: Date: )L orffi, .o*u.*. o*.rr.* o4/06/2021 By: Title: Date SI IJV SECRI:'IARY 04/06/2021 By: Date ATTEST: By Date APPROVED AS TO FORM: MEY CITY OF DIAMOND BAR, CALIFORNIA NANC Y LYONS, MAYOR KRI TIN A SANTANA, CITY CLERK Date 4-14-21 3.5.b Packet Pg. 68 callFoRl{ra acKNowlEDGxlEt{T ctvtL coDE 5 1189 r+rr-- A notary public or other officer completing this certificate verilies onlythe identity of the individualwho signed the do€ument to rvhich this certificate is attached, and notthe truthfulness, accuracy, orvalidity of that document. State of California County of ORANGtr 04106t2021 J, DEIONGH. NOTARY PUBLICOnbefore me, AUSTIN M. CARVER Herc lnseft Nome odTitle of the Officer I'lome(s) of Signer/f) who proved to me on the basis of satisfaclory evidence to be the person(s) whose name(s) ivare subscribed to the within instrument and acknowledged to me that he/sh€lth€y executed the same in his/herftheir authorized capacity(ies), and that by his/h€{Aheir signature(s) on the instrument the personF), or the entity upon behalf of which the person(Bf acted, executed the instrument. ) Ploce Nolory Seol ondlot Stomp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ol Notory Public J, DE]ON6H Notary pubtic - 0range Co L0mmirsjon # Cor.rm. Expires California !nty 23A1441 oct 28. 202l OPTIONAL Completing this informotion con detet olterction of the document ot ftoudulent reoftochment of this fom to on unintended document. Description of Attached Document Title or Type of Document: Signe(s) Other Than Named Above: Capacity(ies) Claimed by signer(s) Signer's Name Signer's Name E Corporate Officer - Title(s):o Corporate Otficer - Title(s): OocumentDate: Number ofpages:_ o Partner - O Limited tr General o lndividual tr Attorney in Fact El Trustee tr Guardian or Conservator o Partner- o Limited tr General o lndividual D attorney in Fact El Trustee O Guardian or Conservator D other o Other: Signer is Representing I!--_---r.E.---EEr-..a-ts3ae gfi -EE.-r-.--.-.-EiEr 02018 National Notary Association DOte personally appeared Signer is Representingi 3.5.b Packet Pg. 69 CATIFORNIA ACKNOWLEDGMENT ctvtL coDE 51189 A notary public or other officer completing this certificate verifies onlythe identity of the individualwho signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ORANGF 0410612021 J. DEIONGH. NOTARY PUBLIC On before me,DilE STEVEN L. MENDOZ tr Here lnsert Nome odTitle of the Officer personally appeared Nom4s) of Signe(s) who proved to me on the basis of satisfactory evidence to be the person($ whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/sh€lth€y executed the same in his/hedtheir authorized capacity(ies), and that by his/herltheir signature($ on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. z<i?-N6ffiiwl,z J. DEIONGH Notary Publjc - California 0ranqe County Commission t 23074r'.l Comm. ExPires Oct 28, 2023 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and officialseal. Signatu Ploce Notory Seol ond/or Stomp Above of Notory Public OPTIONAL Completing this informotion con deter olterotion of the document or froudulent reottochment of this form to on unintended document. Description of Attached Document Title or Type of Document: DocumentDate: NumberofPages:- Signe(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name:Signer's Name: o corporate officer - Title(s):D Corporate Officer - Title(s): tr Partner- o Limited o General o lndividual tr Attorney in Fact tr Trustee o Guardian or Conservator o Other: Signer is Representing El Partner - o Limited EJ General o lndividual o Attorney in Fact o Trustee o Guardian or Conservator El Other: @2018 National Notary Association Signer is Representing: 3.5.b Packet Pg. 70 *NAIE:lf 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. lf 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, ce(ified by the Secretary close in time to the execution of the Agreement, must be provided to the City. 3.5.b Packet Pg. 71 Agenda #: 3.6 Meeting Date: April 20, 2021 TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager TITLE: AUTHORIZATION FOR THE PUBLIC WORKS DIRECTOR/CITY ENGINEER TO RELEASE RESTRICTED USE AREAS (RUAS). STRATEGIC GOAL: Safe, Sustainable & Healthy Community RECOMMENDATION: Adopt Resolution No. 2021-13, authorizing the Public Works Director/City Engineer to release Restricted Use Areas (RUAs) and to record a written instrument with the Los Angeles County Recorder releasing the RUAs. FINANCIAL IMPACT: No financial impact. Property owners and/or developers submit deposits to cover the costs of the technical analysis, geotechnical report review, and any other costs that may be incurred. BACKGROUND: A “Restricted Use Area” (RUA) is defined as a designation on a lot for a subdivision, recorded on a Final Map, that gives the right to the City of Diamond Bar to restrict the construction of any structure within this area. An RUA is typically reserved on the portion of a lot where a known geotechnical hazard exists or has not been studied to prove otherwise. Per Diamond Bar Municipal Code Section 15.00.320(8), “Work requiring a building or grading permit by this Code is not permitted in an area determined by the City Engineer to be subject to hazard from landslide, se ttlement, or slippage.” In order to increase the buildable area or subdivide land, an RUA designation can be removed from a lot with proper geological and geotechnical study with supporting analysis that determines no such hazards exist. Per Diamond Bar Municipal Code Section 15.00.320(9)(ii), “[…] permits may be issued in the following cases: […] When the applicant has submitted an engineering geology and/[or] geotechnical engineering report or reports complying with the policies and provisions of the C ity Engineer which 3.6 Packet Pg. 72 report or reports contain sufficient data to show that the site appears to be in no danger for the intended use.” Although geological hazards can exist at any location, they are commonly found within hillside areas. Many of the tract developments in the City of Diamond Bar contain lots with an RUA designation on a portion of the land due to the hillside topography. ANALYSIS: On average, the City reviews three (3) projects each year where an RUA is reserved on the property and has an impact on the proposed development. Modification and release of the RUA is an extensive process, as it requires time and commitment from the property owner to proceed with hiring a geotechnical engineer to study the site conditions, perform the appropriate analyses, and, in some cases, remove the RUA through approved construction methods. Historically, the City Council would then review and approve the RUA release after the technical process has been approved by the City Engineer. Authorizing the Public Works Director/City Engineer to release RUAs without the concurrence of the City Council would improve workflow efficiency while maintaining the same level of technical analysis to facilitate safe development. Staff recommends that the City Council adopts the resolution to authorize the Public Works Director/City Engineer to release RUAs upon a finding by the City Engineer that a geotechnical hazard does not exist without having to seek the concurrence of the City Council and to record a written instrument with the Los Angeles County Recorder releasing the RUAs. LEGAL REVIEW: The City Attorney has reviewed and approved the resolution as to form. PREPARED BY: REVIEWED BY: Attachments: 3.6 Packet Pg. 73 1. 3.6.a Resolution No. 2021-13 3.6 Packet Pg. 74 RESOLUTION NO. 2021-13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AUTHORIZING THE PUBLIC WORKS DIRECTOR/CITY ENGINEER TO RELEASE RESTRICTED USE AREAS RECITALS WHEREAS, some parcels in a subdivision have a Restricted Use Area (“RUA”) designation that is recorded on the Final Map; and WHEREAS, the RUA designation restricts the construction of structures on that portion of the parcel with the RUA designation; and WHEREAS, the RUA designation is reserved on parcels or where it is known that a geotechnical hazard exists or in situations in which a geological study has not been conducted to evidence that a geological hazard does not exist; and WHEREAS, a RUA designation can be requested for removal in whole or part by the owner of the parcel provided that a geological and geotechnical study is prepared which supports the conclusion that a geotechnical hazard does not exist in the area proposed for release; and WHEREAS, if the Public Works Director/City Engineer agrees the study’s analysis supports the conclusion that a geotechnical hazard does not exist in the area proposed for release and construction of structures in such area does not pose a danger, the RUA can be removed in whole or part through a record release of the RUA; and WHEREAS, the past process has been to bring a resolution for adoption by the City Council to release the RUA; and WHEREAS, the City Council solely relies on the technical expertise of the Public Works Director/City Engineer in deciding whether to adopt such a resolution; and WHEREAS, the City Council desires to authorize the Public Works Director/City Engineer to release RUAs upon a finding that a geotechnical hazard does not exist without having to seek the concurrence of the City Council. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Diamond Bar does hereby authorize the Public Works Director/City Engineer to release RUAs upon a finding that a geotechnical hazard does not exist with the area of the RUA designation proposed for release and to record a written instrument with the Los Angeles County Recorder releasing the RUA. 3.6.a Packet Pg. 75 Resolution No. 2021-13 2 PASSED, ADOPTED AND APPROVED this 20th day of April, 2021. __________________________ Nancy A. Lyons, Mayor ATTEST: I, Kristina Santana, City Clerk of the City of Diamond Bar, California, do hereby certify that the foregoing Resolution was duly and regularly passed and adopted by the City Council of the City of Diamond Bar, California, at its regular meeting held on the 20th day of April, 2021, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: __________________________ Kristina Santana, City Clerk 3.6.a Packet Pg. 76 Agenda #: 3.4.1 Meeting Date: April 20, 2021 TO: Honorable Chair and Members of the Public Financing Authority FROM: Daniel Fox, City Manager TITLE: APPROVAL OF PUBLIC FINANCING AUTHORITY MEETING MINUTES. STRATEGIC GOAL: Open, Engaged & Responsive Government RECOMMENDATION: Approve the April 6, 2021 meeting minutes. FINANCIAL IMPACT: None. BACKGROUND: The minutes of the Annual Public Financing Authority meeting on April 6, 2021 have been prepared and are being presented for approval. PREPARED BY: 3.4.1 Packet Pg. 77 REVIEWED BY: Attachments: 1. 3.4.1.a April 6, 2021 Public Financing Authority Minutes 3.4.1 Packet Pg. 78 CITY OF DIAMOND BAR MINUTES OF THE PUBLIC FINANCING AUTHORITY SPECIAL MEETING APRIL 6, 2021 Consistent with COVID-19 regulations, all Authority Members and staff participated via teleconference and there was no physical location for public attendance. The Public was invited to join the meeting online or by phone at the numbers printed on the agenda. 1. CALL TO ORDER: Chairman Chou called the meeting to order at 6:48 p.m. 2. ROLL CALL: Authority Members Liu, Low, Lyons, VC/Tye, and Chair/Chou Staff participating telephonically: Dan Fox, City Manager; Dave DeBerry, City Attorney; Ryan McLean, Assistant City Manager; Anthony Santos, Assistant to the City Manager; Amy Haug, Human Resources and Risk Manager; Ryan Wright, Parks and Recreation Director; David Liu, Public Works Director; Hal Ghafari, Public Works Manager/Assistant City Engineer; Anthony Jordan, Parks and Maintenance Superintendent; Greg Gubman, Community Development Director; Brent Mason, Interim Director of Finance; Marsha Roa, Public Information Manager; Cecilia Arellano, Public Information Coordinator; Kristina Santana, City Clerk 3. PUBLIC COMMENTS: None 4. CONSENT CALENDAR: AM/Lyons moved, VC/Tye seconded, to approve the Consent Calendar as presented. Motion carried by the following Roll Call vote: AYES: AUTHORITY MEMBERS: Liu, Low, Lyons, VC/Tye, Chair/Chou NOES: AUTHORITY MEMBERS: None ABSENT: AUTHORITY MEMBERS: None 4.1 APPROVED PUBLIC FINANCING AUTHORITY MINUTES – Annual Meeting of December 1, 2020 – As submitted. 4.2 ADOPTED RESOLUTION NO. PFA 2021-01 ESTABLISHING REGULAR MEETINGS OF THE DIAMOND BAR PUBLIC FINANCING AUTHORITY. 4.3 ADOPTED RESOLUTION NO. 2021-02 ADOPTING BY REFERENCE ESTABLISHING A DIAMOND BAR DEBT MANAGEMENT POLICY (CITY COUNCIL POLICY 2021-21) AS REQUIRED BY AND IN COMPLIANCE WITH GOVERNMENT CODE SECTION 8855(i). 5. PUBLIC HEARINGS: NONE 6. AUTHORITY MEMBER COMMENTS: NONE 3.4.1.a Packet Pg. 79 APRIL 6, 2021 PAGE 2 PUBLIC FINANCE AUTHORITY ADJOURN PUBLIC FINANCING AUTHORITY MEETING: With no further business to conduct, Chair/Chou adjourned the Public Financing Authority meeting at 6:52 p.m. back to the Regular City Council meeting. Respectfully submitted, __________________________ Kristina Santana, City Clerk The foregoing minutes are hereby approved this 20th day of April, 2021. __________________________ Andrew Chou, Chair 3.4.1.a Packet Pg. 80 Agenda #: 5.1 Meeting Date: April 20, 2021 TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager TITLE: RECOGNITION OF HIGH SCHOOL SENIORS. STRATEGIC GOAL: Open, Engaged & Responsive Government RECOMMENDATION: Provide direction as deemed appropriate. FINANCIAL IMPACT: Funds are available from the Community Organization Support Fund to cover the costs identified in the report. BACKGROUND: Local high school seniors have been learning from a distance for over a year. Furthermore, many celebrations this past year were postponed, cancelled, or remodified to a drive though style event as a result of the pandemic. At the April 6, 2021 City Council meeting staff was directed to research, consider, and recommend potential events or small tokens of recognition to sup port and congratulate local high school seniors. ANALYSIS: City staff has recently reached out to the City of Walnut to learn about similar activities, plus Principals at both Diamond Bar High School and Diamond Ranch High School. Currently, Diamond Bar High School anticipates a modified in-person graduation for approximately 611 seniors (approximately 350 from Diamond Bar) throughout Thursday, May 27. Diamond Ranch High School anticipates a modified in person graduation on Friday, May 28 for approximately 382 seniors (approximately 200 from Diamond Bar). All three high schools (Diamond Bar, Diamond Ranch, and Walnut) have an extensive list of upcoming activities planned both virtually and in -person for seniors, such as 5.1 Packet Pg. 81 BINGO, graduation rehearsals, drive through parades, and senior luncheons to name a few. The City of Walnut will provide a discount card for local restaurants and have a drive through event at City Hall where City Council will provide items such as candy bars to those seniors who attend. The discount card provided to students will be reimbursed to the restaurant by the City of Walnut. A reoccurring theme from the research has been finding opportunities to make an event convenient for busy high school seniors who are studying for finals and preparing for graduation, while also providing an item of interest to these young adults. Options: Based on the limited time frame, Principal’s suggestions, and recognizing all seniors at both Diamond Bar High School or Diamond Ranch High Sch ool, it is recommended that the City Council provide direction to implement one or both of the following options, and/or any other option as deemed appropriate by the Council: A. Prepare large vinyl banners recognizing all graduates to be hung in five Diamond Bar Parks. These large banners would be roughly 2ft x 9ft located near city streets. Each banner would recognize all 2021 graduating students in the community. The cost for the banners and installation would be approximately $2,500 and installed in early May. B. Coordinate a date and time with each high school for City Council to operate a booth at the high school to provide pre-packaged ice cream. An example would be hosting a booth for a couple hours after the graduation rehearsal luncheon where all s eniors are present and outdoors. Partnering with the high school and attending scheduled events tends to support a larger turn out and create convenience for high school seniors. Most likely these events will take place the week of May 24. The cost would be approximately $2,500 including some part-time staff support. PREPARED BY: REVIEWED BY: 5.1 Packet Pg. 82 1 Kristina Santana From:David Lee <davelee0709@gmail.com> Sent:Thursday, April 15, 2021 11:33 AM To:Kristina Santana Subject:FOR PUBLIC COMMENT Follow Up Flag:Follow up Flag Status:Flagged CAUTION: This message originated outside of our City of Diamond Bar network.  Good afternoon,   My name is David Lee and I have a few questions regarding an abandoned house in Diamond Bar. The property is 2202 Pebble Lane. I am interested in purchasing this property for my in-laws who will be retiring very soon.     1. 2. Are you able to provide me with the name and contact 3. information of whoever is currently paying the property taxes? If you do not know, could you provide me with the contact information for the person and/or department who would know? 4. 5. 6. I was jogging by the house last month when the city hired 7. a landscaping crew to work on the front and back yard to bring it up to code. I spoke with a city employee on scene who said that a job like this would cost around $10,000 and the city would eventually put a lien on this house for the service. I also checked 8. the city website for the city council meetings and it seems that this property was brought up in a City Council Standing Committee - Regular Meeting on March 23, 9am (under Significant Code Enforcement Activity Update). Unfortunately, there is no recording 9. of minutes so I do not know what was discussed. Who would the landscaping charges be billed to (associated to Question #1)? And what would happen if no one pays for the service? Could the city foreclose the property? 10. 11. 12. If the house has been abandoned, what is the process 13. to purchase the house? Would it be through the city or county? I’ve never bought an abandoned house before. If unknown, could you direct me to the person and/or department who would know? 14.   If this is the incorrect meeting to bring up such matters, then for which future meeting can I resubmit my questions for?    Thank you for your attention and time in this matter. It is greatly appreciated.    Sincerely,   2 David Lee.   1 Kristina Santana From:David G. Huerta <dagahuan49@hotmail.com> Sent:Monday, April 19, 2021 9:22 AM To:Kristina Santana; mikesharol@aol.com; Shaun Kung; angelatangchan@hotmail.com; Sandy Mankowski Subject:FW: Follow Up to Site Visit on March 24 - Landscape District 41 Importance:High Follow Up Flag:Follow up Flag Status:Completed CAUTION: This message originated outside of our City of Diamond Bar network. Hello, I would like to have this note read at the next City Council Meeting on April 20, 2021 regarding the area 41 DISSOLUTION LANDSCAPE ASSEEMENT DISTRICT, please see attached. Thank you David G Huerta 20758 East mill Ln. Lot # 29 Area of Diamond Bar, Ca. 91789 Sent from Mail for Windows 10 From: Anthony Jordan Sent: Wednesday, April 7, 2021 11:54 AM To: David G. Huerta Subject: RE: Follow Up to Site Visit on March 24 - Landscape District 41 Mr. Huerta, The tree should be trimmed by the end of business today. Regards, Anthony Jordan | Maintenance Superintendent City of Diamond Bar | Public Works 909.839.7063 From: David G. Huerta <dagahuan49@hotmail.com> Sent: Monday, April 5, 2021 10:05 AM To: Anthony Jordan <AJordan@DiamondBarCA.Gov>; Shaun Kung <shaun.kung@sagesque.com> Cc: mikesharol@aol.com; angelatangchan@hotmail.com Subject: RE: Follow Up to Site Visit on March 24 - Landscape District 41 CAUTION: This message originated outside of our City of Diamond Bar network. 2 Good morning Anthony, I would like to know the time scheduled for the trimming of over grown pine tree on 20758 E Mill Ln, Area of Diamond Bar, Ca. 91789 lot # 29. And After meeting with you and the neighbors affected by this dissolution of Landscape District 41 you mentioned that a work order has been issued for the trimming on the over grown pine tree on the sloop behind our house and will be done in the near future at 25% I believe the overgrown tree needs to be trimmed more so as not to be a burden to us. That particular pine tree is grown out of proportion and is not acceptable to meet the potential hazards of fire, winds, damages to third parties, etc. In my humble opinion this matter needs to be addressed before any changes are to be made and affecting the property owners. I’m available for further discussion in this delicate matter, and I hope all affected home owners can come to and amicable solution and continue to live peacefully in the Area 41 of Diamond 91789. Respectfully David G Huerta 909-598-4902 Home 909-896-3249 cell Sent from Mail for Windows 10 From: Anthony Jordan Sent: Monday, April 5, 2021 7:49 AM To: Shaun Kung Cc: mikesharol@aol.com; angelatangchan@hotmail.com; dagahuan49@hotmail.com Subject: RE: Follow Up to Site Visit on March 24 - Landscape District 41 Good morning Shaun, 1 Kristina Santana From:Mariann Hess <mstarlady@yahoo.com> Sent:Monday, April 19, 2021 9:59 PM To:Kristina Santana Subject:PUBLIC COMMENTS APRIL 20, 2021 Follow Up Flag:Follow up Flag Status:Flagged CAUTION: This message originated outside of our City of Diamond Bar network.  Dear city council,   My name is Mariann Hess.  I live in district 39.   I would like to know why district 39 is not being given the consideration  for another vote like district 41?  I am aware that district 41 has HOA to help them.  But I believe district 39 should be given a second chance for another  election also.  Thank you  Mariann Hess   Sent from Yahoo Mail on Android  1 Kristina Santana From:Pui-Ching Ho <PCHo@library.lacounty.gov> Sent:Tuesday, April 20, 2021 3:42 PM To:Kristina Santana Subject:Re: FOR PUBLIC COMMENT CAUTION: This message originated outside of our City of Diamond Bar network.  This is Pui‐Ching Ho from Diamond Bar Library.  I'm wondering if you would please make the following  announcement at the 4/20/2021 City Council Meeting during the public comment?  Thanks!    "I am very excited to announce that Diamond Bar Library is one of the designated locations in LA County  Library to provide select in‐person services.     Library customers can browse the collection, pickup holds, checkout items and use the public computer for up  to 1 hour per customer.    We are committed to keeping our customers and staff safe during our in-person service hours. We ask that all library customers maintain 6-feet of physical distance from other customers and library staff; wear a face covering over mouth and nose at all times; adhere to posted library capacity limits; make your visit to your library quick and efficient; and do not bring food or drink into the library. Our opening hours are: Mon: 11am to 6pm; Tue: 1pm to 6pm; Wednesday to Friday: 11am to 6pm. Sidewalk Service will be available Mon, Wed-Fri: 10-11am and Tue: 12-1pm and by request only for the remainder of the library's operational hours. For more information, please visit: https://lacountylibrary.org/reopening/" Thank you!    PUI CHING HO | COMMUNITY LIBRARY MANAGER  LA County Library | Diamond Bar Library  21800 Copley Dr, Diamond Bar, CA 91765  P: 909.861.4978  LACountyLibrary.org | @LACountyLibrary    To help protect your priv acy, Microsoft Office prevented automatic download of this picture from the Internet.LA County Library Logo