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HomeMy WebLinkAbout030315 - Agenda - Regular Meeting.....-MA City of Diamond City Council Agenda Tuesday, March 3, 2015 5:30 p.m., Closed Session - Room CC -8 5:50 p.m. - Study Session - Room CC -8 6:30 p.m. - Regular Meeting The Government Center South Coast Air Quality Management District/ Main Auditorium 21865 Copley Drive, Diamond Bar, CA 91765 Carol Herrera Council Member Steve Tye Nancy A. Lyons Mayor Mayor Pro Tem Jimmy Lin Jack Tanaka Council Member Council Member City Manager James DeStefano • City Attorney David DeBerry • City Clerk Tommye Cribbins Copies of staff reports or other written documentation relating to agenda items are on file in the Office of the City Clerk, and are available for public inspection. If you have questions regarding an agenda item, please contact the City Clerk at (909) 839-7010 during regular business hours. In an effort to comply with the requirements of Title II of the Americans with Disabilities Act of 1990, the City of Diamond Bar requires that any person in need of any type of special equipment, assistance or accommodation(s) in order to communicate at a City public meeting, must inform the City Clerk a minimum of 72 hours prior to the scheduled meeting. Have online access? City Council Agendas are now available on the City of Diamond Bars web site at www.CityofDiamondBar.com Please refrain from snacking, eating or drinking in the Council Chambers. The City of Diamond Bar uses recycled paper and encourages you to do the some. 4t^.l I �. r CITY OF DIAMOND BAR CITY COUNCIL AGENDA March 3, 2015 Next Resolution No. 2015-09 Next Ordinance No. 04(2015) CLOSED SESSION: 5:30 p.m., Room CC -8 Public Comments on Closed Session Agenda IN. Government Code Section 54956.8 - Conference with Real Property Negotiators Property: Portion of APN 8719-003-900 and 8719-003-903 Agency Negotiator: James DeStefano, City Manager, David DeBerry, City Attorney Negotiating Parties: City of Diamond Bar and State of California Under Negotiations: Price and Terms of Payment. ► Government Code Section 54956.8 - Conference with Real Property Negotiators Property: APN 8718-005- Parcels 005,006,007 and 008. Agency Negotiator: James DeStefano, City Manager, David DeBerry, City Attorney Negotiating Parties: City, YMCA and Pony League Under Negotiations: Price and Terms of Payment. 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. MARCH 3. 2015 PAGE 2 ► Government Code Section 54956.9 (Anticipated Litigation) Potential One (1) Case — Government Claim filed by Diamond Bar Country Estates Association Dated January 20, 2015 — Relating to Millennium — Diamond Road Partners Project. STUDY SESSION: 5:50 p.m., Room CC -8 ► Fiscal Year 2015-16 City Council Goals and Objectives — Discussion and Action. Public Comments: CALL TO ORDER: PLEDGE OF ALLEGIANCE INVOCATION: ROLL CALL: APPROVAL OF AGENDA: 6:30 p.m. Mayor Pastor Ab Kastl, Diamond Canyon Christian Church Council Members Herrera, Lin, Tanaka, Mayor Pro Tem Lyons, Mayor Tye Mayor 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: None. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: 3. PUBLIC COMMENTS: "Public Comments" is the time reserved on each regular meeting agenda to provide an opportunity for members of the public to directly address the Council on Consent Calendar items or matters of interest to the public that are not already scheduled for consideration on this agenda. Although the City Council values your comments, pursuant to the Brown Act, the Council generally cannot take any action on items not listed on the posted agenda. Please complete a Speaker's Card and give it to the City Clerk (completion of this form is voluntary). There is a five-minute maximum time limit when addressing the City Council. 4. RESPONSE TO PUBLIC COMMENT: Under the Brown Act, members of the City Council may briefly respond to public comments but no extended discussion and no action on such matters may take place. MARCH 3, 2015 PAGE 3 5. SCHEDULE OF FUTURE EVENTS: 5.1 Planning Commission Meeting — March 10, 2015 — 7:00 p.m., Windmill Community Room, 21810 Copley Drive. 5.2 Traffic and Transportation Commission Meeting — March 12, 2015 — 7:00 p.m., Windmill Community Room, 21810 Copley Drive. 5.3 City Council Meeting — March 17, 2015 — 6:30 p.m., AQMD/Government Center Auditorium, 21865 Copley Drive. 6. CONSENT CALENDAR: 6.1 City Council Minutes: (a) Study Session of February 17, 2015. (b) Regular Meeting of February 17, 2015. Recommended Action: Approve. Requested by: City Clerk 6.2 Planning Commission Minutes — Regular Meeting of December 9, 2014. Recommended Action: Receive and File. Requested by: Community Development Department 6.3 Ratification of Check Register — Dated February 12, 2015 through February 25, 2015 totaling $ 716,891.89. Recommended Action: Ratify. Requested by: Finance Department 6.4 Treasurer's Statement — Month of January, 2015. Recommended Action: Approve. Requested by: Finance Department 7. PUBLIC HEARINGS: None. MARCH 3, 2015 PAGE 4 8. COUNCIL CONSIDERATION: 8.1 City Council Re -Appointment of Commissioners by Council Member Lin. Recommended Action: Ratify. Requested by: Councilmember Lin 8.2 Appropriate Prop A Exchange Fund Savings of $8,544 from the FY 2014-2015 Residential Area 2 CIP Budget to the FY 2014-15 Morning Canyon Rehabilitation Project CIP Budget; Adopt Resolution No. 2015 -XX: Approving Plans and Specifications and Establishing a Project Payment Account; Reject the Lowest Bidder, CEM Construction; and Award the Construction Contract for the Morning Canyon Road Roadway Rehabilitation Between Diamond Bar Boulevard and Stonepine Drive in the Amount of $214,841 to All American Asphalt Corporation and Authorize a Contingency Amount of $16,113 for Contract Change Orders to be Approved by the City Manager for a Total Authorization Amount of $230,954. Recommended Action: Appropriate, Adopt, Reject and Award. Requested by: Public Works and Community Services Departments COUNCIL SUB -COMMITTEE REPORTS AND MEETING ATTENDANCE REPORTS/COUNCIL MEMBER COMMENTS: 10. ADJOURNMENT: DATE: March 3, 2015 TO: Honorable Mayor and Members of the City Council FROM: Ryan McLean, Deputy City Manager SUBJECT: FY 2015-16 City Council Goals & Objectives Study Session Each year, the City Council convenes a Study Session to review its adopted Goals & Objectives and make amendments, including adding or deleting items and/or making edits to reflect changing priorities. Based on the discussion and direction of the Council at the Study Session, a final draft is prepared for adoption on a future City Council Meeting Agenda. Tonight, staff will present its recommendations for the FY 2015-16 Goals & Objectives to the City Council for consideration, which include the addition of new items, removal of existing items and adjustments to the format of the document. To assist with this discussion, staff will present the following documents for Council discussion, consideration and direction: Attachment A, 2014-15 Adopted City Council Goals & Objectives. This document identifies the items that were completed in FY 14-15 and are recommended to be removed from the list going forward. Attachment B, Proposed 2015-16 City Council Goals & Objectives. This document contains staff's recommended amendments to the document for the next fiscal year. March 3, 2015 City Council Study Session Attachment A 1. Traffic Mitigation |ncooperation with the City's project partners,conople(e[he57/60Freemxay|nteruhanXeoorridor long-term "big fix". a) Commence construction on the Westbound SR -60 Slip Ramp (Phase 1 of 57/60 -Grand Confluence Project). b) Complete design of Local Improvements at Grand/Golden Springs and DB Golf Course Frontage and prepare for construction (Step 1 of Phase 2 57/60 -Grand Confluence Project). c\ Secure construction funding for the Grand Bridge Widening, Bypass Roads, & On/Off Ramp Reconfiguration and continue design work (Step 2ofPhase 3/57/60'GrnndConfluence Project). d\ Secure funding partners for and complete a feasibility study to determine the preferred and most cost-effective options for the completion of57/60"big fix" (missing freeway and H0V connectors separate from the 57/60Confluence Project). * Advocate for transportation solutions that are equitable in their distribution of goods movement related traffic. a> Secure recognition of the SR -60's ongoing status as a component of the state and national freight networks in an effort to secure funding for 57/60 Interchange improvements. Staff Recommendation: Co;nplmLe/remove objective. The City was successful in securing recognition of portions of the SR -57, SR -60 and SR -57/60 ConIlUence as components of the state and national freight networks as well as Projectsof National and Regional Significance Program cfK4AP-21. m |ncooperation with the City's project partnens,00rnpletetheLennonAvenueunandofframop pruject a>Complete riQht'of-»vn»acquisitions and begin construction. Staff Recommendation: Complete, remove objective. The State ofCalifornia isthe lead agency onriQhtn;'vvayacquisitions for the project and is in thefinal stages of securing all required p, operties. Construction is expected to begin inid-201.5 with e.tinoated cornp|etion in December 2016, 0 Develop a report to the City Council outlining the ongoing effectiveness of the City's ongoing traffic mitigation project programs. Staff Recommendation: Complete, remove goal. March 3, 2015 City Council Study Session Attachment This,epo/t,currendydt|edthe"DiarnondBar[onges1innRepurt[ard^,iscurrent|yindraf\torno. PUblic Works and a tearn of comsu[tants are in the process of finalizing the report for submittal to the Traffic and Transportation Commission and City Council before the end nfFY2U14-15.Upon cornp|etion'i1isproposed that the doconoent beconsidered ongoing work product tnaiis updated/revised every two years. * Create a long-term City-wide financial plan for preservation of the City's fixed assets, including infrastructure, buildings, parks, and other facilities. w Identify specific development opportunities and develop Specific Plans torevitalize the K,K8artand Honda property areas in a way that provides the greatest net benefit to the community. * Develop aplan toaddress the long-term financial sustainability ofthe City's Lighting and Landscape Assessment Districts (LLADs). 3. Communications * In addition to regular public meetings, provide a variety of opportunities for public interaction and participation. n\ Complete nnupdate tothe City's website, enhancing governmental transparency, access to information, and ease ofuse for the public. StmffReconnmnandat|om Complete, remove objective. Staff is in the line! stages of updates to both the City and Diamond Bar Center webs[tes. Both vvebsitesvvi||{eatureaco/npleteredesignundareexp*ctedtube|ivetnthepuh|icinApri| 2015. 4.Other Items w Preserve Windmill structure via ownership of structure and/or property. Staff Recommendation: Complete, remove objective. In 2014, the City -entered into a long-term maintenance and preservation agreement with t|)eRD|[, [heom/neroftheVVindnni||.ThisaQreernentw/i||protect[heVVindx/i||fnrgenermtionstnconoeand allowed for the City toimprove the structure tnits original condition. 0 Develop a City-wide branding plan that incorporates standard design elements with a unifying theme that reflects the image of Diamond Bar. a\ Commence Grand Avenue beautification project, udngthechosendesignasaninbia|standand March 3,2015City Council Study Session Attachment plan for the City's stvee[scapesand entry signage. Staff Recommendation: Complete, remove objective, In 2014-15, the City Council approved the plans/specifications and loading for this Project., which is set to begin construction in March 2015. The improvernents are set to be completed in Au�Ust 2015. The mer!U of omions used in this project vAll set the standard for the future redesign/renovation ufnnaiorarterial intersec[ionsand entry points. * Establish a"quiet zone" onthe K8etooUnk train line atLemon Avenue near Walnut Elementary School. Consider options for the development of a fiscally responsible City -administered public aquatics program. Staff Recommendation: Remove goal. Staff analyzed options for anaquatics prograoo,Focusing unthe recently completed pool at Diamond Bar High School (DBFIS). In doing so, staff learned thai. the DBHS pool was built as a cornisetitive facility and not designed for general community use. I hUS, the facility would not be conducive to standard City aquatics uses like open sysim, children's swirn lessons, etc. FurtheFrnore, Walnut Valley Unified School Districtadnoinis[raturs stated that nolease/rentals would be made available at this time. With no appropriate facility available at this flryie, the City's options arc, very March 3, 2015 City Council Study Session Attachment B Proposed Fiscal Year 2015-16 City Council Goals & Objectives Section 1: Traffic Mitigation Traffic Mitigation Goal #1 In cooperation with the City's project partners, complete the 57/60 Confluence project. Staff Recommendation: New Gori! for FY 15-16 Objective 1.1: Commence construction of the westbound SR -60 on-ramp from Grand Avenue (Phase One of 57/60 Confluence Project). Objective Update: This $12 million phase of the project is fully funded with MTA grant and local match funds. Construction is expected to be underway mid -2015. Objective 1.2: Commence construction of the westbound SR -60 off -ramp and auxiliary lane to Grand Avenue (Phase Four of 57/60 -Grand Confluence Project). Staff Recommendation: Objective Update: Neu✓ Objective for FY 15-16 This $20 million phase of the project is fully funded with TIGER and MTA grants and local match funding. Construction is expected to be underway in early 2016. Objective 1.3: Complete design of Local Improvements at Grand/Golden Springs and DB Golf Course Frontage and prepare for construction (Phase Three of 57/60 Confluence Project). Objective Update: This $14 million phase of the project is fully funded with MTA grant and local match funding, with construction expected to be underway mid - 2016. Design drawings are approximately 75% complete. Objective 1.4 Secure construction funding for the 57/60 freeway mainline improvements, bypass connectors and Grand Avenue bridge widening project (Phase Four of 57/60 Confluence Project). Objective Update: Phase Four is expected to cost approximately $210 million. The City has advocated successfully for the 57/60 Confluence Project's inclusion in the Projects of National and Regional Significance Program as required by MAP -21. The project has also been recognized as a key component of state and national freight networks. March 3, 2015 City Council Study Session Attachment B Traffic Mitigation Goal #2 In cooperation with the City's project partners, complete the 57/60 "big fix" project (includes missing connectors, carpool lanes, etc.). Staff Recommendation: New Goa( for FY 15-16 Objective 2.1 Secure funding partners for the project and complete a feasibility study to determine the preferred and most effective options. Objective Update: The City has been awarded a $100,000 planning grant from CalTrans. To cover the remaining cost of the $400,000 feasibility study, the City has applied for a second CalTrans planning grant. Traffic Mitigation Goal #3 In cooperation with the City's project partners, complete the Lemon Avenue on/off ramp project. Objective 3.1 Begin construction and complete by December 2016. Staff Recommendation: New Objective for FY 15-16 Objective Update: The State of California is the lead agency on right-of-way acquisitions for the project and is in the final stages of securing all required properties. Construction is expected to begin mid -2015. Traffic Mitigation Goal #4 Advocate for transportation solutions that are equitable in their distribution of goods movement related traffic. Objective 4.1 Maintain participation in regional goods movement planning efforts. Staff Recommendation: New Objective for FY 15-16 Traffic Mitigation Goal #5 Optimize traffic flow on the City's arterial streets. Staff Recommendation: New GoatforFY2015-15 Objective 5.1 Implement the adaptive traffic control system. Staff Recommendation: New Objective far FY2015-16 Objective Update: In 2013, the City was awarded $1.4 million from Metro's competitive Call for Projects grant program to develop and implement an adaptive traffic control system. This project would upgrade the City's traffic signals with March 3, 2015 City Council Study Session Attachment B the latest technology, allowing for immediate adjustments to traffic signal timing that optimize traffic flow based on the real-time conditions. The project is scheduled for implementation in FY 15-16. Section 2: Financial Responsibility/Economic Development Fiscal Responsibility/Economic Development Goal #1 Create a long-term City-wide financial plan for preservation of the City's fixed assets, including infrastructure, buildings, parks, and other facilities. Fiscal Responsibility/Economic Development Goal #2 Stimulate growth in the local economy by attracting new businesses and jobs to Diamond Bar. Staff recommendation: New Gaal for FY 15-16 Objective 2.1 Identify specific development opportunities and develop Specific Plans to revitalize the K -mart property area in a way that provides the greatest net benefit to the community. Note: Staff recommends that previous references to the Market World and Honda properties be removed frorn this objective. Market World is currently at full capacity and the Council's approval of a zone change for the Honda property has effectively completed a specific plan for the site. Objective Update: The City has engaged the consultant services of Kosmont & Associates to analyze potential economic development opportunities in Diamond Bar. With the K -mart property owner's recent purchase of the Sears Holdings lease, the City Manager is working with the owner of the K -mart property to develop long-term development options. Objective 2.2 Proactively market the Honda property to potential hotel developers. Objective Update: Staff has continued to market the site, and has recently invested in advertising space in several key trade publications that target developers. These ads will feature the Honda/hotel and K -mart properties and run in the period leading up to the annual ICSC conference that hosts developers, investors and global business operators. Fiscal Responsibility/Economic Development Goal #3 Implement the plan to address the long-term financial sustainability of the City's Lighting and Landscape Assessment Districts (LLADs). Staff Recommendation: New Goa( far FY 2015-16 March 3, 2015 City Council Study Session Attachment B Objective 3.1 Complete implementation of updates to adjust annual assessments in District 39. Staff Recommendation: New Objective for FY 2015-16 Objective 3.2 Begin discussions with the five homeowner's associations in LLAD #41 to return maintenance responsibilities to the property owners. Staff Recommendation: New Objective for FY 2015-16 Objective Updates: At the January 20, 2015 City Council Study Session, the Council directed staff to proceed with a plan to address the long-term financial sustainability of Districts 39 and 41. The step-by-step plan proposes to address District 39 by the end of July 2015, with work on District 41 continuing into FY 15-16. Section 3: Communications Communications Goal #1 In addition to regular public meetings, provide a variety of opportunities for public interaction and participation. Objective 1.1 Maintain a wide variety and expand upon existing public outreach methods, including print media (DB Con nection/Envirolin k), e -newsletter subscriptions, DBTV/website/YouTube channel video productions, and restaurant guide. Staff Recommendation: New Objective for FY 2015-16 Section 4: General Items General Items Goal #1 Develop a City-wide branding plan that incorporates standard design elements with a unifying theme that reflects the image of Diamond Bar. Objective 2.1 Develop a plan to incorporate the features of the Grand Avenue Beautification Project at other arterial intersections and at City entry points. Staff Recommendation: New Objective for FY 2615-16 General Items Goal #2 Establish a "quiet zone" on the Metro Link train line at Lemon Avenue near Walnut Elementary School. Goal Update: March 3, 2015 City Council Study Session Attachment B This project has a price tag of approximately $1 million and is a component of the City's NFL Stadium Settlement Agreement with the City of Industry. Per the agreement, Industry will fund the quiet zone upon commencement of the stadium's construction. Staff does not recommend proceeding with the project until the fate of the stadium is known. If the project does not proceed and the Settlement Agreement becomes null and void, the City Council could choose to develop alternative options for a quiet zone. Costs for a quiet zone are estimated at $1 million. Agenda No. 6.1(a) CITY OF DIAMOND BAR CITY COUNCIL STUDY SESSION FEBRUARY 17, 2015 STUDY SESSION: M/Tye called the Study Session to order at 5:53 p.m. in Room CC -8, South Coast Air Quality Management District, 21865 Copley Drive, Diamond Bar, CA 91765 Present: Council Members Carol Herrera, Jimmy Lin, Jack Tanaka, Mayor Pro Tem Nancy Lyons, and Mayor Steve Tye Staff Present: James DeStefano, City Manager; Ryan McLean, Deputy City Manager; David DeBerry, City Attorney; Dianna Honeywell, Finance Director; David Liu, Public Works Director; Bob Rose, Community Services Director; Kimberly Young, Senior Civil Engineer; Anthony Santos, Senior Management Analyst; Marsha Roa, Public Information Manager; Alfredo Estevez, IS Help Desk Support Technician; Isaac Aziz, Network Systems Administrator; John Beshay, Associate Engineer, and Tommye Cribbins, City Clerk. ► GRAND AVENUE BEAUTIFICATION PROJECT CM/DeStefano stated that tonight's study session is meant to provide the City Council with the latest information regarding the Grand Avenue Beautification Project and a refresher on the major elements. During this evening's Regular Meeting the City Council will be asked to award the contract. SCE/Young reported that tonight, during the Council's regular meeting, there are two items on the Consent Calendar related to the Grand Avenue Beautification Project. The first is an award for construction management services to Onward Engineering and the second is an award of the construction contract to All American Asphalt. Tonight's study session consists of a brief review of the history of the project, the final design elements, the budget and the request for additional appropriations for funding of this project. The purpose of the project is to enhance the streetscape at two intersections along Grand Avenue. The first intersection is at Diamond Bar Boulevard (city center) and the second at Longview Drive (city limit with Chino Hills). The design and project is a collaborative effort among several departments including Public Works, Community Development, Community Services, Public Information and the City Manager's Office. The project goals were reflective of the General Plan's Goal which is to be recognized as a community in a well-planned and aesthetically pleasing physical environment. Accordingly, this project was aimed at highlighting the Diamond Bar community identity, creating visual points of interest, establishing new streetscape standards and guidelines to be implemented in the future at major intersections throughout the City, to be a catalyst for business growth and to distinguish the City's historical and culture identity in a modern interpretation that will promote City pride. FEBRUARY 17, 2015 PAGE 2 CC STUDY SESSION The project accomplishments began in April 2013 when the idea for a streetscape was first presented to the City Council for Grand Avenue. Federal funds were designated for Grand Avenue only, so different ideas of how to use those Federal funds were discussed and those discussions culminated in the idea of accomplishing a streetscape project along Grand Avenue. In August 2013 the concept designs were presented to Council and in November 2013 based on Council's input, the design was refined and presented to Council for approval. During the November meeting discussion included having an open house receive the community's input on the streetscape project since it was intended to establish and implement a streetscape that would identify and promote the City's identity at these intersections. The open house was held in March 2014 attended by 53 individuals comprised of residents and business owners from the area. Feedback received during the open house included use of the diamond as a main design element and use of decorative traffic signals and pavers. In July 2014 staff presented the materials for the final design which Council approved as well as the final design to be completed and to then go out for bids. As a requirement for the use of Federal funds, Caltrans approval was required and obtained in September 2014 to take the project out to bid. Council approved the entry monument in October 2014 and that portion of the project went out to bid in December 2014 with the bid opening on January 14, 2015 where staff received eight (8) bids in January. SCE/Young detailed the design elements which included several natural color palates and textures for both the streetscape and landscape areas. Enhancements will be made to both the median islands and the parkways at the two intersections. The median islands are the landscaped area in the center of the roadway and the parkways are the sidewalk areas on either side of the pavement. Colored concrete with a green hue will be added to the sidewalks and parkway areas while custom tree grates with a diamond pattern will be added around the trees in the parkway. Pavers in a natural color palate to accent the colored concrete will be added around the tree grates to create a more visual appeal and defined walkway for pedestrians. Finally, to create a raised visual feature in the parkway and add more intimate defined walkways for pedestrians, a wooden rail and concrete posts will be added with landscape and low level lighting beneath. The post and rail concept was developed to give homage to the Diamond Bar Ranch history of the City. The medians will have natural color (cinnamon brick) concrete along with accent rocks and boulders of varying shapes and sizes adding texture to the streetscape. The median islands will also incorporate the post and rail streetscape feature which will include core -ten steel panels with the iconic windmill and rolling hills that have long been a defining design element for the City. Steel panels will be highlighted from below with LED lights for prominent viewing during nighttime hours. FEBRUARY 17, 2015 PAGE 3 CC STUDY SESSION One of the most prominent features of the new design is the crosswalks because they will be seen at all four legs of each intersection when driving through them. The crosswalk design enhances the defined pedestrian path of travel with pavers of natural blend colors accented at each corner with a diamond shape created by a greenish (olive green) paver color. To add further accent to the crosswalk a concrete band and concrete color will surround the green accent diamonds in a rusty (brick red hue) color. To meet MUTCD requirements there will be a white thermal plastic stripe surrounding the crosswalk to delineate it. M/Tye asked if any of the area would be raised. SCE/Young responded that it was all pavers. The champagne and espresso colored pavers will surround the iron colored tree grates with the letters of Diamond Bar cut into the grate. The grates will surround each tree in the parkway. MPT/Lyons asked if the grate would have a word cut into it SCE/Young reiterated that the tree grate will be imprinted (cut in) with "Diamond Bar" on either side of the tree grate at the upper right or bottom left corner. Participants in the open house indicated they wanted to see decorative traffic signal poles so staff developed a design to be incorporated at major intersections which entails painting the poles with the charcoal gray color on the bottom right corner. All four corners will be changed out with the modern traffic signals. MPT/Lyons asked if there would be new traffic poles. SCE/Young responded "yes" but the existing illuminated street signs will be retained. M/Tye asked if the landscaped walkways would be on all four sides. SCE/Young responded that they would be on most of the sides where the right- of-way width warrants it. In order to be compliant with ADA requirements a four - foot walkway must be maintained and if there is insufficient right-of-way width the landscaping will not be incorporated. In most areas along Diamond Bar Boulevard there is sufficient width to improve the landscaping. M/Tye asked if it was possible to underground the utility boxes or move them off of the sidewalk area. PWD/Liu responded that SCE usually prefers above -ground structures/cabinets for ongoing maintenance purposes. Staff can look into the plans and FEBRUARY 17, 2015 PAGE 4 CC STUDY SESSION specifications and determine whether it could be changed. The City has existing vaults that have been in place for many, many years that SCE wants to upgrade with much larger underground vaults which will not affect above -ground improvements. MPT/Lyons asked if it was a vault PWD/Liu said "No" that he was using the underground vault they are working on right now as an example which exists underground where they want to upgrade to a much bigger vault. The City has a lot of above -ground cabinets. M/Tye said he was wondering if the cabinet could be moved into the shrubs since it is unattractive and this project is attempting to improve the aesthetics of the area. Anything the utility company could do to help in that regard would be great. MPT/Lyons asked if the sidewalk would remain four feet wide. SCE/Young responded affirmatively and stated that once the landscape is added the sidewalk will be a minimum of four feet wide. Currently, along Diamond Bar Boulevard the sidewalk is anywhere from 8 to 10 feet wide. C/Lin said that typically, the sidewalk area should be a minimum of six feet in width. SCE/Young reiterated that to meet the minimum requirement in the landscaped areas the sidewalk will be taken down to four feet wide which has been deemed sufficient. PWD/Liu said that staff would check with the utility companies to see if they are willing to at least move the cabinet out of the way. SCE/Young further stated that the new entry monument sign that will be located at the Longview intersection will incorporate all of the design features in a deconstructed manner which has long defined the City. A steel panel featuring the windmill and rolling hills similar to the steel panels will be included in the medians and parkways and will be illuminated from behind at the top of the 10 '/2 foot monument accented with stone. Steel letters identifying Diamond Bar, the place, the community, the City with the incorporation date will be mounted over diamond patterned concrete with steel panels illustrating the rolling hills at the bottom and landscaping will be added around the monument walls. The monument will be located in the median at Longview Drive and will be anchored by stone columns about five to six feet in height. The landscape palate that will accompany the hardscape elements will include plants familiar to residents and the community such as red ground cover roses, star jasmine ground cover, crepe myrtles, London plane trees, sycamore trees and ginkgo biloba trees. Also included into the landscape palate will be new trees such as agave and yellow FEBRUARY 17, 2015 PAGE 5 CC STUDY SESSION yucca and other types of plants that will help give the landscape texture and compliment the new streetscape. PWD/Liu stated that another element that has a potential location is the street clock. Previously, it was shown to be located in the median area on Diamond Bar Boulevard in front of EI Pollo Loco and irrigation lines and electrical lines will be run to that point. Staff is reaching out to the business owners of California Trust as well as, the business owners on the southeast corner to see if there are opportunities at that site. PWD/Liu said C/Tanaka had spoken to the business owner and that they had expressed a willingness to work with the City. M/Tye asked who expressed the interest, the business owner or the land owner. C/Tanaka responded "the landlord." PWD/Liu explained that CDD/Gubman is looking at possibilities for location of the street clock and ultimately this matter will come back to the City Council for consideration. MPT/Lyons asked if staff was considering putting the street clock in their corner. PWD/Liu said "possibly". MPT/Lyons believed that there was already a time and temperature sign at that location. PWD/Liu responded "yes." Following discussion, M/Tye said he believed the owner would be very easy to deal with. The business was recognized as Business of the Month and they seem like very accommodating people. SCE/Young then went on to explain the construction budget. The project budget currently totals just over $1,730,000 million from a variety of planning sources including over $1 million in Federal funds, just under $700,000 from SAFETEA- LU funds which are strictly designated for Grand Avenue and STPL (Federal) funds. With the encumbrance of the entry monument design, the proposed cost of the construction management contract and the construction contract, staff will be recommending appropriations from several funding sources as indicated in staff's report which includes savings from past CIP projects, appropriation of unused gas tax funds, Prop C savings due to the savings in the Diamond Ride program, as well as, unrestricted traffic improvement funds. With these appropriations the project will be fully funded. Tonight staff's recommendation will be to reject the low bidder, Unique Performance, due to inadequate Good Faith Efforts. Because the City is using FEBRUARY 17, 2015 PAGE 6 CC STUDY SESSION Federal funds for the project a goal of 18.4 percent of Disadvantaged Business Enterprise (DBE) was established for the project. The use of Federal funds requires that the contract be awarded to the contractor that may not necessarily meet the goal but shows a good faith effort in attempting to meet the goal. The low bidder committed .37 percent of DBE's on the project and was not able to establish a sufficient good faith effort for such a low commitment. The second low bidder, All American Asphalt, committed to 11.4 percent toward the goal and was able to demonstrate a good faith effort toward that goal. Therefore, tonight, staff's recommendation will be to reject the low bidder and award to the second low bidder so the budget currently before the Council is reflecting All American's contract bid price of $1,939,000 plus a 10 percent contingency requested by staff. It is not staff's intent to use the contingency but it is something that staff requests and in the event the contingency is not used, the $194,000 will go back to the respective funding source when the project is completed. Regarding the project schedule, staff is anticipating award of a construction contract this evening with commencement of construction in March and completion by August 2015. M/Tye asked if Edison would be done by that schedule. SCE/Young responded that as part of their permit the City requires that they be done by March 2. MPT/Lyons said that was her first question as well and asked if anyone else is scheduled to be digging on Grand Avenue. C/Lin asked if travel lanes would be reduced by one lane during construction. SCE/Young responded that because there is not yet a contractor on board there has been no discussion of traffic control during the course of construction but specs did identify that the City would permit lane closures as long as the contractor maintains one left -turn and one through right -turn at all times so it is likely that there will be lane closures especially during construction of the crosswalks. PWD/Liu further explained that staff's thought about sequencing is to get everything outside of the curb area within the street area done first because the majority of the project are landscaping and property improvements which will follow the initial phase. SCE/Young stated that the contractor also has the option to work at night. It would be the contractor's choice as it is not a requirement of the project because such a requirement would drive up costs. FEBRUARY 17, 2015 PAGE 7 CC STUDY SESSION C/Lin stated that when street improvements were done in anticipation of the Olympics in Utah the public was asked whether they wanted a three year phased in project or a one year all -in -one project and whether the public wanted three years of misery or one year of hell, the one year of hell prevailed. His point is he agrees closures should be kept to a minimum if it requires the project being done in a single phase. M/Tye asked if anyone knew what the cost of the median monument sign was. SCE/Young said that for All American it is shown as a separate item amounting to $63,000 and the cost of the columns are an additional $43,000. PWD/Liu said that depending on how the City approaches the next improvement project(s), if the signs are done in bulk it could potentially save the City a few dollars. CM/DeStefano said that as the City develops and redevelops intersections and contractors build new intersections these types of elements will be seen throughout the City. When the Council guided staff through this process over the last year it established the palate. Pieces of this palate are being implemented at Brea Canyon Road and Diamond Bar Boulevard through the Lennar project's public improvements. The theme will be carried out throughout the City in this manner. CM/DeStefano stated that staff is not asking the City Council for any decisions during the study session. This meeting was intended to provide the City Council with a reminder and update on the status of this project. MPT/Lyons asked if staff was going to get back to the City Council on whether or not the utility box can be moved. PWD/Liu reiterated that he would and at the same time check both intersections to see if there were any other utility boxes that might need to be moved. MPT/Lyons said that if it cannot be moved perhaps it can be cheerfully painted. Public Comments: None Offered. ADJOURNMENT: With no further business to come before the City Council, M/Tye adjourned the Study Session at 6:20 p.m. TOMMYE CRIBBINS, City Clerk FEBRUARY 17, 2015 PAGE 8 CC STUDY SESSION The foregoing minutes are hereby approved this day of 2015. STEVE TYE, Mayor Agenda No. 6.1(b) MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR FEBRUARY 17, 2015 STUDY SESSION: 5:53 p.m. — Room CC -8 IN. Grand Avenue Beautification Project — Discussion and Action. Public Comments: None CALL TO ORDER: Mayor Tye called the Regular City Council meeting to order at 6:30 p.m. in the South Coast Air Quality Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar, CA. PLEDGE OF ALLEGIANCE: Leticia Pacillas, Los Angeles County Fire Department, led the Pledge of Allegiance. INVOCATION: Associate Pastor Tim Park, Evangelical Free Church, gave the invocation. ROLL CALL: Council Members Herrera, Lin, Tanaka, Mayor Pro Tem Lyons, Mayor Tye, Staff Present: James DeStefano, City Manager; David DeBerry, City Attorney; Ryan McLean, Deputy City Manager; David Liu, Public Works Director; Bob Rose, Community Services Director; Dianna Honeywell, Finance Director; Greg Gubman, Community Development Director; Marsha Roa, Public Information Manager; Cecilia Arellano, Public Information Coordinator; Kimberly Young, Senior Civil Engineer; Anthony Santos, Senior Management Analyst; Isaac Aziz, Network Systems Administrator; John Beshay, Associate Engineer, and Tommye Cribbins, City Clerk. APPROVAL OF AGENDA: As Presented. 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: None 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: CM/DeStefano reported that during tonight's study session the City Council received a presentation on the design elements of the Grand Avenue Beautification Project in concert with Consent Calendar Item 6.9 which is the award of contract to begin the project. Council has looked at this project over the past year and a half, received a presentation once again on the design elements and took no action. 3. PUBLIC COMMENTS: Matt Kabany, Unique Performance Construction, requested that the City Council pull Council Consent Item 6.9(b) for separate consideration stating that his firm conducted a good faith effort to hire DBE sub -contractors, that his company was the lowest bidder and there is a $200,000 difference between his company's bid FEBRUARY 17, 2015 PAGE 2 CITY COUNCIL 3 b'1 and the second bidder. Mr. Kabany stated that the City hired RKA Consultants to evaluate the DBE good faith effort and that in his opinion the consultant came up with a result that is not accurate according to the consultant he hired. He has a report from DB Aldrich that he wished to submit in protest to the outcome of the award of the project to the second bidder and requested the project be re - awarded to the lowest bidder Unique Performance which will save the City $200,000 as well as the potential risk of losing Federal money for the project due to the DBE good faith effort being improperly evaluated. RESPONSE TO PUBLIC COMMENTS: CM/DeStefano responded that this is a project the City Council may wish to have pulled from the Consent Calendar for a more involved presentation but it is one that involves significant Federal dollars. The City went through the process with Caltrans' assistance and confirmation of staff's processes including the highly regarded consultant the City used in the process. Staff has concluded with its recommendation that the second lowest bidder is the appropriate contractor for the project having met the requirements set forth by the City and the requirements set forth by the Federal Government. SCHEDULE OF FUTURE EVENTS: 5.1 Planning Commission Meeting — February 24, 2015 — 7:00 p.m., Windmill Community Room, 21810 Copley Drive. 5.2 Parks and Recreation Commission Meeting — February 26, 2015 — 7:00 p.m., Windmill Community Room, 21810 Copley Drive. 5.3 City Council Meeting — March 3, 2015 — 6:30 p.m., SCAQMD/Government Center, 21865 Copley Drive. 6. CONSENT CALENDAR: C/Herrera moved, MPT/Lyons seconded, to approve the Consent Calendar with the exception of Items 6.6 pulled by MPT/Lyons and 6.9(b) pulled by M/Tye. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Herrera, Lin, Tanaka, MPT/Lyons, M/Tye NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 6.1 APPROVED CITY COUNCIL MINUTES — Regular Meeting of February 3, 2015. 6.2 RECEIVED AND FILED PARKS AND RECREATION COMMISSION MINUTES - Regular Meeting of November 20, 2014. FEBRUARY 17, 2015 PAGE 3 CITY COUNCIL 6.3 RATIFIED CHECK REGISTER — Dated January 29, 2015 through February 11, 2015 - in an amount totaling $1,246,456.02. 6.4 AWARDED CONTRACT TO ICG, INC. IN AN AMOUNT NOT -TO - EXCEED $49,750, FOR DESIGNS OF THE STEEP CANYON CONNECTOR TRAIL AND PANTERA PARK TRAIL. 6.5 AWARDED CONTRACT TO ORTCO, INC. FOR REMOVAL AND REPLACEMENT OF PLAYGROUND SURFACING AT MAPLE HILL, RONALD REAGAN AND PANTERA PARKS, IN THE AMOUNT NOT -TO - EXCEED $66,856.10; PLUS, A 10% CONTINGENCY OF $6,685.61 FOR UNEXPECTED CONDITIONS, FOR A TOTAL AUTHORIZATION OF $73,541.71 FOR FISCAL YEAR 2014-15. 6.7 ADOPTED RESOLUTION NO. 2015-07: AUTHORIZING PARTICIPATION IN THE NATIONAL INTERGOVERNMENTAL PURCHASING ALLIANCE TO PURCHASE JANITORIAL SUPPLIES FOR CITY FACILITIES FROM WAXIE SANITARY SUPPLY AS DISTRIBUTOR FOR NETWORK SERVICES COMPANY, IN THE AMOUNT NOT -TO - EXCEED $65,000 FOR FISCAL YEAR 2014-15 AND AUTHORIZED THE CITY MANAGER TO EXECUTE THE AGREEMENT TO COMPLETE THE PURCHASES. 6.8 AWARDED CONTRACT TO AND 1 OFFICIALS (REPLACES THE NAME ELITE OFFICIALS) TO OFFICIATE THE CITY'S YOUTH AND ADULT BASKETBALL PROGRAMS FOR THE PERIOD OF SEPTEMBER 16, 2014 THROUGH JUNE 30, 2015 IN THE AMOUNT NOT -TO -EXCEED $35,000. 6.9 (a) AWARDED CONSTRUCTION ADMINISTRATION SERVICES CONTRACT TO ONWARD ENGINEERING FOR THE GRAND AVENUE BEAUTIFICATION PROJECT, FEDERAL PROJECT NO. HPLUL- 5455(016) IN THE AMOUNT OF $114,855; PLUS A CONTINGENCY AMOUNT OF $10,000, FOR A TOTAL AUTHORIZATION OF $124,855. ITEMS WITHDRAWN FROM CONSENT CALENDAR: 6.6 APPROVE NOTICE OF COMPLETION FOR THE TRAFFIC SIGNAL BATTERY BACKUP SYSTEM PROJECT. MPT/Lyons asked CM/DeStefano to explain this system and how it works for traffic in Diamond Bar. CM/DeStefano asked that PWD/Liu as architect of the system, explain its benefit to citywide traffic concerns. FEBRUARY 17. 2015 PAGE 4 CITY COUNCIL PWD/Liu stated that as reported the City has equipped 33 out of a total of 63 signalized intersections with the battery backup system. Over the past number of years from time to time Diamond Bar experiences power outages. Traffic is one of the City's top priorities and when conditions warrant, there is a backup system in place. This means that should a power outage occur at any given location or area, the backup system will kick in and keep the signal running for up to five to six hours. Thereafter, the system will revert to red flashes, which requires less power than a fully functional system. Typically, an average battery backup system can ensure that signalized intersections can run adequately and routinely for up to six hours. Each signalized intersection is different. When certain intersections have longer timing phases it requires more electricity. MPT/Lyons thanked PWD/Liu and stated that the system is not only enhancing the movement of traffic should there be an electrical failure, it is also a very important safety feature. She believes this is an excellent system and looks forward to further enhancement. M/Tye thanked MPT/Lyons for pulling this item and pointed out that this phase of the project came in $14,000 under budget which is significant to the City as well. MPT/Lyons moved, C/Herrera seconded to approve Consent Calendar Item 6.6 Approving the Notice of Completion for the Traffic Signal Battery Backup System Project. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Herrera, Lin, Tanaka, MPT/Lyons, M/Tye NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 6.9 (b) APPROPRIATE PROP C SAVINGS OF 53,600 FROM THE FY 2014-15 ARTERIAL ZONE 1 CIP BUDGET; PROP A EXCHANGE FUNDS SAVINGS OF $44,000 FROM THE FY 2014-15 RESIDENTIAL AREA 2 CIP BUDGET; PROP C SAVINGS OF $100,000 FROM THE FY 2014-15 DIAL -A -CAB TRANSIT PROGRAM; GAS TAX SAVINGS IN THE AMOUNT OF $180,000 AND UNRESTRICTED TRAFFIC MITIGATION FUNDS IN THE AMOUNT OF $165,014 TO THE FY 2014-15 GRAND AVENUE BEAUTIFICATION CIP BUDGET; ADOPT RESOLUTION NO. 2015-08: APPROVING PLANS AND SPECIFICATIONS AND ESTABLISHING A PROJECT PAYMENT ACCOUNT; REJECT THE LOWEST BIDDER, UNIQUE PERFORMANCE CONSTRUCTION INC; AND, AWARD THE CONSTRUCTION CONTRACT FOR THE GRAND AVENUE BEAUTIFICATION PROJECT FEDERAL PROJECT NO. HPLUL-5455(016) TO ALL AMERICAN ASPHALT IN THE AMOUNT OF $1,939,900; AND, AUTHORIZE A CONTINGENCY AMOUNT OF $193,900 FOR CONTRACT CHANGE ORDERS TO BE APPROVED BY FEBRUARY 17, 2015 PAGE 5 CITY COUNCIL HE CITY MANAGER, FOR A TOTAL AUTHORIZATION AMOUNT OF $2,132,900. CM/DeStefano stated that staff will provide a more detailed report and SCE/Young will provide a report and additional staff follow up in response to the question raised by an audience member. He read the title of this item and at the conclusion turned the presentation over to SCE/Young. SCE/Young reported that tonight the City Council has before it two items related to the Grand Avenue Beautification Project. She briefly described the history of the project, the final design elements and the budget related to the project. The purpose of the project is to enhance the streetscape at two intersections along Grand Avenue. The first intersection is at Diamond Bar Boulevard (city center) and the second at Longview Drive (city limit with Chino Hills). The project goals were reflective of the General Plan's Goal which is to be recognized as a community in a well-planned and aesthetically pleasing physical environment. Accordingly, this project was aimed at highlighting the Diamond Bar community identity, creating visual points of interest, establishing new streetscape standards and guidelines to be implemented in the future at major intersections throughout the City, to be a catalyst for business growth and to distinguish the City's historical and cultural identity in a modern interpretation that will promote City pride. The project accomplishments today date back to April 2013 and reflect the collaboration among several departments of the City including the Community Development Department, Community Services Department, Public Works Department, Public Information and members of the City Manager's Office. The idea for a streetscape was first presented to the City Council specifically for Grand Avenue because the Federal funds are only to be used on Grand Avenue. With Council's consent staff proceeded to develop concept designs which were presented to Council in August 2013. In November 2013 based on Council's input, the concept plans were refined and presented and an open house was held to invite the public to view the conceptual plans and provide input. In April 2014 the City Council approved the final concept design and staff proceeded to establish the final design and final materials palate which was presented to Council and approved by Council in July 2014. In September the City received the approval from Caltrans to proceed with the project going out to bid. Again, Federal funds require that Caltrans approve the design prior to going out to bid because the use of Federal funds is administered by Caltrans. In October, Council approved the final entry monument design which was incorporated into the project plans and the project was advertised for bids in December 8, 2014. On January 14, 2015 the bid opening was held publicly for this project and eight (8) bids FEBRUARY 17, 2015 PAGE 6 CITY COUNCIL were received. SCE/Young stated that the project incorporates several natural color palates and textures for both the streetscape and landscape areas. Enhancements will be made to both the median islands and the parkways at the two intersections. Colored concrete in a green hue will be added to the sidewalks and parkway areas and custom tree grates with a diamond pattern will be added around trees in the parkway. Pavers in a natural color palate to accent the colored concrete will be added around the tree grates to create a more visual appealing and defined walkway for pedestrians. Finally, to create a raised visual feature in the parkway and to add more intimate defined walkways for pedestrians, a wooden rail and concrete posts will be added with landscape beneath and low level lighting. This post and rail concept was developed to give homage to the Diamond Bar Ranch history of the City. The medians will have natural color concrete along with accent rocks and boulders of varying shapes and sizes to add texture to the streetscape. The median islands will also incorporate the post and rail streetscape feature which will incorporate a core -ten steel panel with the iconic windmill and rolling hills that have long been a defining design element for the City. Steel panels will be highlighted from below with LED lights for prominent viewing during nighttime hours. Crosswalks are likely one of the most prominent features of the new streetscape design because they will be seen along all four legs of the intersection when driving through and will also be enhanced as part of this project. The crosswalk design enhances the defined pedestrian path of travel with pavers and natural blend colors accented at each corner with a diamond created by a greenish paver color and bordered by a concrete band. The pavers around the tree wells will be installed in various natural colors (champagne and espresso) with a tree grate in a finished rust/iron color that will have the iconic diamond shape and Diamond Bar enhanced in the tree grate. The traffic signal poles, one of the most prominent changes and elements requested from the community, will be enhanced to be decorative traffic signal poles. The old standard Caltrans poles will be removed and replaced with modern gray colored and finished traffic poles at all four corners. SCE/Young further stated that the new entry monument that will be located at the Longview intersection incorporates all of the design features in a deconstructed manner which has long defined the City. A steel panel featuring the windmill and rolling hills similar to the steel panels that will be included in the medians and parkways, will be illuminated from behind at the top of the 10.5 foot monument and accented with stone. Steel letters FEBRUARY 17, 2015 PAGE 7 CITY COUNCIL identifying Diamond Bar, the place, the community, the City with the incorporation date will be mounted over diamond patterned concrete with steel panels illustrating the rolling hills at the bottom. The monument will be located in the median island and will be anchored by stone columns about five to six feet in height to anchor the entry feature. The project currently has a total budget of just over $1.73 million which is from a variety of funding sources including $1 million in Federal funds in the form of SAFETEA-LU Funds, just under $700,000 of funds designated specifically for Grand Avenue in STPL (Federal) Funds. With the encumbrance of the entry monument design and proposed cost of the Construction Management Contract and Construction Contract, an appropriation is being requested from Council tonight from several funding sources. With these appropriations, the project will be fully funded. Staff's recommendation is to reject the low bidder Unique Performance due to the inadequate Good Faith Efforts. Because of the use of Federal funds for the project the goal of 18.4 percent Disadvantage Business Enterprise (DBE) was included as a requirement for the project; however, Federal requirements do permit the contract to be awarded to a contractor that does not meet the goal so long as they can provide sufficient "Good Faith" efforts in attempting to meet the goal. The low bidder, Unique Performance, committed to .37 percent of DBE's on the project and was not able to establish a sufficient Good Faith Effort for such a low commitment. The second low bidder, All American Asphalt, committed to 11.4 percent toward the goal and was able to demonstrate a sufficient "Good Faith" effort. Therefore, staff's recommendation tonight is to reject the low bidder and award to the second low bidder, All American Asphalt whose proposed bid the current budget reflects. PWD/Liu gave an overview of the Disadvantage Business Enterprise program. As presented earlier, this Grand Avenue Beautification Project is a Federally funded project which means $826,000 of Federal dollars are coming to the City's funding scenario. One of the conditions for receipt of such funding is that the City of Diamond Bar must comply with the Federal requirements to make a "Good Faith Effort" or in this case, cause bidders on the project to make "Good Faith Efforts" to solicit bids from Disadvantaged Business Enterprises. These are groups whose members are certified as socially and economically disadvantaged including, African Americans, Native Americans, Asian -Pacific Americans, Hispanic Americans, and Women. With that said, in the bid proposal plans and specifications, the City is required to state that Federal funding requirements very specifically and, as a condition of receiving Federal funding, the City has to make a "fair and reasonable" judgment as to whether the bid meets the goal of making adequate Good Faith Efforts. If the City does not comply with Federal funding conditions it could expose the City to losing current and all future Federal funds. As previously FEBRUARY 17, 2015 PAGE 8 CITY COUNCIL mentioned, the City retained RKA Consulting for the federal compliance work. RKA Consulting has extensive experience in making these types of determinations as well as, recommendations and of course, the criteria for which is stated in the Code of Federal Regulations. The DBE participation goal for this project was established at 18.4 percent and Unique Performance Construction or the apparent low bidder achieved only a 0.37 percent. Since Unique Performance did not meet the DBE goal the next step for the City was to determine whether or not Unique Performance Construction made the Good Faith Effort. RKA Consulting reviewed the company's efforts against the criteria established in the Code of Federal Regulations and according to the Code, in reaching the Good Faith Effort conclusion, the City "must review the performance of other bidders in meeting that contract goal". Furthermore, in considering the participation achieved by other bidders the City "may reasonably raise the question of whether, with additional effort, the apparent successful bidder could have met that goal." Given that Unique Performance Construction reported only 0.37 percent participation while the second low bidder, in this case All American Asphalt, achieved 11.4 percent, the City then reasonably raised the question of whether additional efforts by Unique Performance Construction could have had higher participation. Ultimately, again using the criteria established in the Code of Federal Regulations, RKA Consulting concluded that Unique Performance did not meet the Good Faith threshold as outlined in those regulations. PWD/Liu pointed out that concurrently, while conducting its own federal compliance work, staff coordinated with Caltrans local assistance. Not only did Caltrans concur with the findings and recommendations coming from RKA Consulting, they too, conducted their own independent evaluation and reached the same conclusion in terms of Unique Performance not meeting the Good Faith Efforts. During this entire process, CA/DeBerry provided his review and concurrence as well which have been highlighted in staff's report. CA/DeBerry explained that the City retained a consultant who is an expert in evaluating these types of contracts and that consultant has determined that the low bidder did make efforts but did not meet the criteria established in the Federal regulations and Caltrans who administers the funds has agreed with that finding. His understanding is that the latest emails from the low bidder have not changed the recommendation of the City's consultant. The problem is that if in fact it is determined that we awarded a contract to an entity that did not comply with the Good Faith Efforts that the City could lose the funding or even in a subsequent audit, the Federal government could require that the City reimburse the grant funds for not meeting the grant guidelines. He reiterated that it is not that the Council is being asked to award to the second lowest bidder because the low bidder did not meet the goal, it is because the consultant concluded that it did not meet the Good Faith Efforts to reach that goal. FEBRUARY 17, 2015 PAGE 9 CITY COUNCIL CM/DeStefano reminded the City Council that earlier this evening the public was invited to comment on a matter not on the agenda as well as, Consent Calendar matters and the City Council received comments from one speaker regarding this item specifically and that the Council had afforded the public the ability to comment on this item. Since Council has already solicited public comments staff is available to answer any questions the Council may have regarding this agenda item before it; after which staff would then ask that the City Council approve staffs recommendation. M/Tye referred to Page 4 of the presentation as it refers to the September 2014 approval to advertise for construction by Caltrans which to him means the project could not have been advertised without Caltrans approval. SCE/Young acknowledged that M/Tye was correct. M/Tye stated that Caltrans has reviewed the determination by RKA that the Good Faith Effort was not sufficiently documented. SCE/Young acknowledged that M/Tye was correct. M/Tye said he wanted people who are paying attention to this issue that a Disadvantaged Business Enterprise is not something of Diamond Bar's creation and there are guidelines to follow which are not Diamond Bar's guidelines but the Federal government guidelines. This is grant money from the Federal government. It is the government's money and Diamond Bar needs to spend it within those guidelines. He wants to be very specific about these facts because one of the pieces of correspondence says "there should be a point or standard to what each contractor should do at the minimum." And that might be true, but it is not up to Diamond Bar to decide that. He asked for comment from CA/DeBerry, PWD/Liu and/or CM/DeStefano. CA/DeBerry said that in response to M/Tye's questions, the answer to all of his questions is "yes." As a condition of receiving the Federal grant Diamond Bar promises the Federal government that it will abide by their guidelines. DBE requirements only come into play when accepting Federal funds. With respect to whether or not it should be more objective and there should be a point scoring system, while that may be a good point that is not the way it is set up. In fact, the Code of Federal Regulations state that it is going to be a judgment call in all situations. M/Tye said he wanted folks to understand that he is a big proponent of saving $189,574.20 but not at the risk of losing $800,000 or $1 million. As he said earlier, he is grateful that staff has come up with the battery backup system that saved the City $14,000 over what was budgeted and FEBRUARY 17, 2015 PAGE 10 CITY COUNCIL the City is watching every nickel and he does not believe it would be the goal of this or any Council to spend more money than is necessary. MPT/Lyons asked staff to comment on why the City uses a consultant to go through these proposals. CM/DeStefano said it is very simply an area of very complicated Federal regulations for which there is no in-house expertise. Diamond Bar is a contract City and often will engage contract service providers in various disciplines. In this case, it is due to the very precise and complicated nature of the Federal guidelines. PWD/Liu stated that earlier he mentioned that RKA Consulting has extensive experience in making these types of federal compliance requirement determinations. Not only do they have the working knowledge, they have established working relationships with the necessary agencies such as Caltrans so they have the ability to talk with the right people and have decisions made literally within the two week timeframe. In fact, staff made a call to Caltrans today to confirm that not only do they concur with RKA's findings in this case, but more importantly Caltrans conducted their own independent evaluation and reached the same decision that in this case Unique Performance did not meet the Good Faith Efforts. M/Tye reiterated that it is important to note again that while a good share of the money for this project comes from the Federal government, the project is administered by Caltrans. C/Lin asked if Caltrans gave the City its findings in writing or verbally. PWD/Liu responded that Caltrans gave a verbal response and sent an email confirmation this afternoon. C/Lin said that as an individual who has been involved in construction and design for 40 plus years he is fully aware of the DBE requirement as set forth by the Federal government and as M/Tye stated, if the City does not concur with the requirements it could immediately lose the funding. Because of the findings of non -response to the DBE requirements by both the City's consultant and Caltrans he is very comfortable with staff's recommendation. C/Lin moved, C/Herrera seconded, to Approve Consent Calendar Item 6.9 (b) to Appropriate Prop C Savings of 53,600 from the FY 2014-15 Arterial Zone 1 CIP Budget; Prop A Exchange Funds Savings of $44,000 from the FY 2014-15 Residential Area 2 CIP Budget; Prop C Savings Of $100,000 from the FY 2014-15 Dial -A -Cab Transit Program; Gas Tax Savings in the amount of $180,000, and Unrestricted Traffic Mitigation Funds in the FEBRUARY 17, 2015 PAGE 11 CITY COUNCIL amount of $165,014 to the FY 2014-15 Grand Avenue Beautification CIP Budget; Adopt Resolution No. 2015-08: Approving Plans and Specifications and Establishing A Project Payment Account; Reject The Lowest Bidder, Unique Performance Construction Inc.; and, Award the Construction Contract for the Grand Avenue Beautification Project Federal Project No. HPLUL-5455(016) to All American Asphalt in the Amount of $1,939,900; and, Authorize a Contingency Amount of $193,900 for Contract Change Orders to be Approved By The City Manager, for a Total Authorization Amount Of $2,132,900. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Herrera, Lin, Tanaka, MPT/Lyons, M/Tye NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 7. PUBLIC HEARINGS: None 8. COUNCIL CONSIDERATION: None 9. COUNCIL SUBCOMMITTEE REPORTS AND MEETING ATTENDANCE REPORTS/COUNCIL MEMBER COMMENTS: C/Lin said that he was away from the City for a couple of weeks and has nothing to report. C/Tanaka hoped that everyone had a nice Valentine's Day. During the past couple of weeks he attended several Neighborhood Watch meetings on Twin Canyon, Cold Spring and Hawkwood and thanked Deputy Aaron Scheller and Volunteers on Patrol Dean LaCesne and Gene Doss for their help. He commended all of the residents' efforts in keeping Diamond Bar safe. Last Friday he and M/Tye attended the Boy Scouts of America Golden Eagle District Dinner and Awards Banquet. Diamond Bar Boy Scout Troops are 730, 737, and 777 and Cub Scout Packs 737 and 788. He congratulated the 47 Eagle Scouts from the class of 2014 for the entire district. C/Herrera attended a SCAG meeting last week where she was requested to invite her entire City Council to its upcoming General Assembly on May 7 and 8 in Palm Desert. The General Assembly is a very informative event. Council Members who have not previously attended are encouraged to attend as she believes they will enjoy receiving the information. Staff can make reservations should individuals choose to attend. SCAG will be doing the new regional transportation plan in 2016 and will begin work on that now with emphasis on public transportation, particularly as it relates to "Millennials". In a few years the Millennials (individuals between the ages of 18 and 35) will make up a majority of the population in this region and many choose public transportation rather than choosing to drive on the freeways which will be the focus of the new regional FEBRUARY 17, 2015 PAGE 12 CITY COUNCIL transportation plan and she hopes to assist SCAG in formulating that plan. MPT/Lyons said she attended the Diamond Bar Women's Club Casino Night Fundraiser, a great event to raise money for various charities including scholarships, Shoes that Fit, House of Ruth and others. She complimented CSD/Rose's staff for obtaining three more grants to help complete the Parks Trail Plan which is a big asset to the City and getting better every day. As C/Tanaka said, there are now three additional Neighborhood Watch groups which in her opinion is another step in keeping Diamond Bar safe. M/Tye said it was his privilege to represent Diamond Bar along with C/Tanaka at the Boy Scout Awards. The Golden Eagle District and Baden-Powell Award is named after Robert Stephenson Smyth Baden-Powell who is given credit for starting what is known to us as the Boy Scouts of America. The Baden-Powell Award is the highest youth award achievable and it was great to give it to the leadership, the moms and dads who are providing leadership. The LA area Council of Boy Scouts was formed in 1911 so they have a little bit of experience doing this. He appreciates that staff provides the City Council with information it needs to make informed decisions and provides the Council with the deep background whether it be battery backups or the Beautification project on Grand Avenue. Having all of the is crossed and is dotted is very, very important and that is how the Council is able to do what it does as efficiently as it is done. Congratulations to staff for Diamond Bar again being name a Tree City USA for several years in a row. ADJOURNMENT: With no further business to conduct, M/Tye adjourned the City Council Meeting at 7:21 p.m. TOMMYE CRIBBINS, CITY CLERK The foregoing minutes are hereby approved this _ day of 2015. STEVE TYE, MAYOR Agenda No. 6.2 MINUTES OF THE CITY OF DIAMOND BAR MEETING OF THE PLANNING COMMISSION DECEMBER 9, 2014 CALL TO ORDER: Vice Chairman Jimmy Lin called the meeting to order at 7:02 p.m. in the City Hall Windmill Room, 21810 Copley Drive, Diamond Bar, CA 91765. PLEDGE OF ALLEGIANCE: Commissioner Mahlke led the Pledge of Allegiance. 1. ROLL CALL: Present: Commissioners Jennifer "Fred" Mahlke, Peter Pirritano, and Vice Chairman Jimmy Lin Absent: Commissioner Ruth Low and Chairman Frank Farago were excused. Also present: Greg Gubman, Community Development Director; James Eggart, Assistant City Attorney; Grace Lee, Senior Planner; Josue Espino, Assistant Planner; and Stella Marquez, Administrative Coordinator. 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None 3. APPROVAL OF AGENDA: As presented 4. CONSENT CALENDAR: 4.1 Minutes of the November 25 2014 Regular Meeting. C/Mahlke moved, C/Pirritano seconded, to approve the November 25, 2014, regular meeting minutes as presented. Motion carried by the following Roll Call vote: AYES: NOES: ABSTAIN: ABSENT: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: 5. OLD BUSINESS: None Mahlke, Pirritano None VC/Lin Low, Chair/Farago I»_l�li!II�[rZ�Z�7rwih�ilF�y[�71 6. NEW BUSINESS: None 7. PUBLIC HEARING(S): 7.1 Conditional Use Permit and Development Review No. PL2014-515 - Under the authority of Diamond Bar Municipal Code Sections 22.48 and 22.58, the applicant requested Conditional Use Permit and Development Review approval to construct a new 592 square foot automated drive-thru car wash and 140 square foot equipment room to an existing 2,232 square foot convenience store building used in conjunction with an existing service station on a 22,651 gross square foot (0.52 gross acre) lot. The subject property is zoned Commercial Office (CO) with a consistent underlying General Plan land use designation of Commercial Office (CO). PROJECT ADDRESS: PROPERTY OWNER/ APPLICANT: 21324 Pathfinder Road Diamond Bar, CA 91765 Mohamad R. Salimnia 500 Topside Place Diamond Bar. CA 91765 AP/Espino presented staff's report and recommended Planning Commission approval of Conditional Use Permit and Development Review No. PL2014-515, based on the Findings of Fact, and subject to the conditions of approval as listed within the resolution. VC/Lin opened the public hearing. Nasser Moghadam, 44052 Galicia Drive, Hemet, architect for the project, said he was present to respond to questions and concerns. VC/Lin said he visited the site and said it was interesting that the ordinance allows commercial properties to be built at the property line and based on the drawings it appears to him that the 16 foot wide carwash would encroach slightly outside of the property line. VC/Lin asked if commercial development is allowed to abut the property line and AP/Espino responded that it would be allowed where it does not abut the residential land. The south end of the property will contain a drive -aisle that will allow vehicles to exit from the carwash tunnel; the west end of the property is where the carwash is being built along the property line. DECEMBER 9, 2014 PAGE 3 PLANNING COMMISSION VC/Lin asked if during construction there would be encroachment to the other side of the project property line and Mr. Moghadam responded no because the footing.will be L-shaped under the tunnel. The wall will go straight down on or slightly before (about 3 inches) the property line. VC/Lin closed the public hearing. C/Pirritano moved, C/Mahlke seconded, to approve Conditional Use Permit and Development Review No. PL2014-515, based on the Findings of Fact, and subject to the conditions of approval as listed within the resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Mahlke, Pirritano, VC/Lin NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Low, Chair/Farago 7.2 Development Review Amendment and Minor Conditional Use Permit No. PL2012-380 — Under the authority of Diamond Bar Municipal Code Sections 22.48 and 22.56, the applicant and property owner requested an amendment to a previously approved Development Review application to construct a 484 square foot second floor addition to an existing 2,322 square foot, two-story single family residence with an attached 484 square foot garage on a 0.41 gross acre (17,920 gross square foot) lot. A Minor Conditional Use Permit was requested to allow a second story addition to an existing nonconforming structure with a front setback of 13 feet (where 20 feet is required). The subject property is zoned Low Medium Density Residential (RLM) with an underlying General Plan land use designation of Low Density Residential. PROJECT ADDRESS PROPERTY OWNER/ APPLICANT: 22831 Rio Lobos Road Diamond Bar, CA 91765 Araceli Martinez 22831 Rio Lobos Road Diamond Bar, CA 91765 AP/Espino presented staff's report and recommended Planning Commission approval of Development Review Amendment and Minor JJ1 7.3 ..AGE 4 PLANNING COMMISSION Conditional Use Permit No. PL2012-380, based on the Findings of Fact, and subject to the conditions of approval as listed within the resolution. C/Mahlke asked why the project required designation of conversion of a bedroom to a study. AP/Espino responded that in this case there are interior walls that are being modified. Und_ar the proposed plan there is an angled wall at the top which is part of the study and part of the walk- in closet for the master bedroom which is being modified during the conversion. So in this instance, movement of the wall changes the function of the room. VC/Lin opened the public hearing. George Martinez said the project was ready to move forward. VC/Lin closed the public hearing. C/Pirritano moved, C/Mahlke seconded; to approve Development Review Amendment and Minor Conditional: Use Permit No. PL2012-380, based on the Findings of Fact, and subject to the conditions of approval as listed within the resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Mahlke, Pirritano, VC/Lin NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Low, Chair/Farago Comprehensive Sign Program No. PL2014-343 — Under the authority of Diamond Bar Municipal Code Sections 22.48, 22.58 and 22.36.060, the applicant requested approval of a Development Review application to construct a 4,894 square foot commercial building on a 30,246 square foot (0.69) gross acre lot, a Conditional Use Permit for drive-thru services, and an Amendment to the Comprehensive Sign Program to replace an existing monument sign on the northwest corner of Grand Avenue and Lavender Drive. The subject property is zoned Diamond Bar Village Specific Plan with an underlying General Plan land use designation of Planning Area 3 -Specific Pjan. PROJECT ADDRESS: 22438 Golden Springs Drive Diamond Bar, CA 91765 PAGE 5 PLANNING COMMISSION PROPERTY OWNER: CFT Developments, LLC 1683 Walnut Grove Avenue Rosemead, CA 91770 APPLICANT: Gary Wang and Associates 1255 Corporate Center Drive Monterey Park, CA 91754 CDD/Gubman stated that this item is for the long awaited development of the commercial pad across the small parking area from Chili's Restaurant. Several years ago there was an entitlement to develop a Panda Express on this pad and through a series of circumstances that project entitlement expired. He introduced SP/Lee to present a revised proposal for this pad development. SP/Lee presented staff's report and recommended Planning Commission approval of Development Review, Conditional Use Permit and Amendment to the Comprehensive Sign Program No. PL2014-343, based on the Findings of Fact, and subject to the conditions of approval as listed within the resolution. VC/Lin asked if the new project would encroach into the fenced area and SP/Lee responded that the drive-thru area would be expanded. VC/Lin asked if the drive-thru would eliminate some of the parking spaces. SP/Lee said that the site was reconfigured to eliminate some of the landscape areas to provide for additional parking spaces. VC/Lin asked if there were other 14 -foot tall monument signs in the City to which SP/Lee responded that there are monument signs that are as tall or taller at the Gateway Corporate Center, HMart Center, Market World and others in the City. VC/Lin questioned staff for providing a site distance analysis since there is a traffic signal and there is no site distance issue and SP/Lee responded that staff understood that but as a matter of precaution the Public Works Department requested the analysis for vehicles turning right. VC/Lin opened the public hearing. Crystal Lee, Gary Wang and Associates, architects for the project, said she was available to respond to questions. I VC/Lin asked Ms. Lee to respond to his question about parking for the project and its relationship to the unimproved lot behind the chain link fencing. Ms. Lee explained that the parking lot is developed to the point of the trash enclosure and all new development is beyond that area and five additional parking spaces have been included. The limit of the development is the heavy line surrounding the project as shown on the map. VC/Lin asked if there was a secure agreement with the three proposed tenants and an unidentified individual stated from the audience that the proposed tenants are ready to sign the negotiated leases. VC/Lin closed the public hearing. C/Pirritano moved, C/Mahlke seconded, to approve Development Review, Conditional Use Permit and Amendment to the Comprehensive Sign Program No. PL2014-343, based on the Findings of Fact, and subject to the conditions of approval as listed within the resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Mahlke, Pirritano, VC/Lin NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Low, Chair/Farago PLANNING COMMISSIONER COMMENTS/INFORMATIONAL ITEMS: C/Pirritano thanked VC/Lin for doing an outstanding job chairing the meeting this evening and thanked staff for their diligence. C/Mahlke echoed C/Pirritano's sentiments. STAFF COMMENTS/INFORMATIONAL ITEMS: 9.1 Public Hearing dates for future projects. CDD/Gubman stated that contrary to what is scheduled, there will not be a Planning Commission meeting on December 23. Currently, there are no projects slated for the January 13, 2015, meeting and it is likely that that meeting will not be convened. DECEMBER 9, 2014 PAGE 7 10. SCHEDULE OF FUTURE EVENTS: As listed in tonight's agenda. PLANNING COMMISSION ADJOURNMENT: With no further business before the Planning Commission, VC/Lin wished everyone Happy Holidays and adjourned the regular meeting at 7:43 p.m. The foregoing minutes are hereby approved this 27th day of January, 2015. Attest: Respectfully Submitted, Greg Gubman Community Development Director :!2� E--� Jimmy Lin, Vice Chairman Agenda # 6.3 Meeting Date: March 3, 2015 CITY COUNCILAGENDA REPORT TO: Honorable Mayor and Members of the City Council FROM: James DeStefano, City Manager TITLE: Ratification of Check Register dated February 12, 2015 through February 25, 2015 totaling $ 716,891.89 RECOMMENDATION: Ratify. FINANCIAL IMPACT: Expenditure of $ 716,891.89 in City funds. BACKGROUND: The City has established the policy of issuing accounts payable checks on a weekly basis with City Council ratification at the next scheduled City Council meeting. DISCUSSION: The attached check register containing checks dated February 12, 2015 through February 25, 2015 for $ 716,891.89 is being presented for ratification. All payments have been made in compliance with the City's purchasing policies and procedures. Payments have been reviewed and approved by the appropriate departmental staff and the attached Affidavit affirms that the check register has been audited Finance Director. PREPARED BY: Luisa Allen Accounting Technician REVIEWED BY: L h Finance Director and deemed accurate by the Attachments: Affidavit and Check Register — 2/12/15 through 2/25/15. CITY OF DIAMOND BAR CHECK REGISTER AFFIDAVIT The attached listings of demands, invoices, and claims in the form of a check register including checks dated February 12, 2015 through February 25, 2015 has been audited and is certified as accurate. Payments have been allowed from the following funds in these amounts: Description General Fund Com Org Support Fund Prop A - Transit Fund Prop C - Transit Tax Fund Intergrated Waste Management Fund Com Dev Block Grant Fund LLAD 38 Fund LLAD 39 Fund LLAD 41 Fund Capital Imp Projects Fund Signed: Dianna Honeywell Finance Director Amount $468,293.95 $4,700.00 $160,656.09 $7,761.30 $14,262.12 $6,176.22 $14,490.09 $12,507.49 $5,919.45 22.125.18 $716,891.89 N E N C000000000C O O CM OO O� O O l0 Ifl f•1O NNMN NNd' NNC N M1JQ O O O L` l0 H ri l0 . 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Agenda # 6 , 4 Meeting Date: Mar. 3, 2015 CITY COUNCI L AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Mang TITLE: Treasurer's Statement — Januarq215 RECOMMENDATION: Approve the January 2015 Treasurer's Statement. FINANCIAL IMPACT: No Fiscal Impact BACKGROUND: Per City policy, the Finance Department presents the monthly Treasurer's Statement for the City Council's review and approval. This statement shows the cash balances with a breakdown of various investment accounts and the yield to maturity from investments. This statement also includes an investment portfolio management report which details the activities of investments. All investments have been made in accordance with the City's Investment Policy. PREPARED BY: Susan Full, Senior Accountant REVIEWED BY: omw� (" II I P 01anna Honeywell, Finance DWector Attachments: Treasurer's Statement, Investment Portfolio Report CITY OF DIAMOND BAR - CITY TREASURER'S REPORT CASH BALANCE AS OF JANUARY 31, 2015 BEGINNING CASH BALANCE $25,574,540.27 CASH RECEIVED Cash Receipts $5,313,715.60 Total Cash Received $5,313,715.60 $30,888,255.87 EXPENDITURES Checks Written ($1,328,787.92) Payroll Transfers (570,703.13) Wire Transfers (3,367.17) Returned Checks (511.00) Charge Card Fees & Other Adjustments (2,753.31) Total Expenditures ($1,906,122.53) CASH BALANCE AS OF: JANUARY 31, 2015 $28,982,133.34 TOTAL CASH BREAKDOWN Active Funds General Account ($908,315.25) Payroll Account $50,097.28 Change Fund $1,200.00 Petty Cash Account $500.00 Cash With Fiscal Agent $3.32 Unamortized Discount on Investments $13,009.28 Total Active Funds ($843,505.37) Investment Funds: Local Agency Investment Fund $9,245,928.45 Federal Agency Callable $10,237,586.61 Bank Negotiable CDs $9,424,404.11 Wells Fargo Advantage Money Market Fund $917,719.54 Total Investment Funds $29,825,638.71 CASH BALANCE AS OF: JANUARY 31, 2015 $28,982,133.34 Average Yield to Maturity 0.842% FY2014-15 Year -To -Date Interest Earnings $146,847.78 FY2014-15 Budgeted Annual Interest Earnings $223,100.00 CITY OF DIAMOND BAR INVESTMENT PORTFOLIO SUMMARY REPORT for the Month of January 31, 2015 INVESTMENTS BOOK VALUE PERCENT OF PORTFOLIO TERM DAYS TO MATURITY YIELD TO MATURITY Local Agency Investment Fund $9,245,928.45 31.00% 1 1 0.260 Federal Agency Issues - Callable $10,237,586.61 34.32% 1,606 662 1.006 Negotiable CD's - Banks $9,424,404.11 31.60% 1,389 1,071 1.315 Wells Fargo Sweep Account $917,719.54 3.08% 1 1 0.010 Total Investments and Averages $29,825,638.71 100.00% 990 566 0.842 TOTALS $29,825,638.71 100.00% N/A N/A N/A MONTH ENDING FISCAL YEAR-TO-DATE January 31, 2015 2014-15 TOTAL INTEREST EARNED $19,498.90 $146,847.78 JesI certify that this report accurately reflects all City pooled investments DeStef Ano and is in conformity with the investment policy of the City of Diamond Bar City Treasurer approved by City Council and on file in the City Clerk's office. 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C � N O y (Q w tt O 13 V O w to a� CL a Agenda # R _ 1 Meeting Date: March 3, 2015 CITY COUNCIL �� �� AGENDA REPORT r9Sg TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Man S TITLE: CITY COUNCIL RE-APPOINTMEN OF COMMISSIONERS. RECOMMENDATION: Ratify Council Appointments. FISCAL IMPACT: None. BACKGROUND: On January 5, 2015, the Diamond Bar City Council appointed Council Member Jimmy Lin to serve the remaining term of the seat vacated by now -Assembly Member Ling -Ling Chang. The Diamond Bar Municipal Code states that all Commission appointments of a former Council Member expire within 90 calendar days of their vacancy. Council Member. Lin has requested that the City Council re -appoint the following current Commissioners for the remainder of their term: • Planning Commissioner Peter Pirritano. • Traffic & Transportation Commissioner Ted Carrera. • Parks & Recreation Commissioner Kim Hsieh. All three commissioners have expressed their desire to fulfill their terms through February 2016. RECOMMENDATION: It is recommended that the City Council re -appoint Planning Commissioner Peter Pirritano, Traffic & Transportation Commissioner Ted Carrera, and Parks & Recreation Commissioner Kim Hsieh through February 2016. Per City Code, any council action requesting confirmation of Commission appointments must be done by a majority vote Prepared by: Anthony Santos Sr. Management Analyst Reviewed by: Ryan tAkean Deputy 6ty Manager Agenda # 8 , 2 Meeting Date: March 3, 2015 CITY COUNCIL "' AGENDA REPORT ,C'�rorP<ga�� .i TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Manager TITLE: APPROPRIATE PROP A EXCHANGE FUND SAVINGS OF $8,544 FROM THE FY 2014-2015 RESIDENTIAL AREA 2 CIP BUDGET TO THE FY 2014-2015 MORNING CANYON REHABILITATOIN PROJECT CIP BUDGET; ADOPT RESOLUTION 2015 -XX APPROVING PLANS AND SPECIFICATIONS AND ESTABLISHING A PROJECT PAYMENT ACCOUNT; REJECT THE LOWEST BIDDER, CEM CONSTRUCTION; AND AWARD THE CONSTRUCTION CONTRACT FOR THE MORNING CANYON ROAD ROADWAY REHABILITATION BETWEEN DIAMOND BAR BLVD. AND STONEPINE DRIVE IN THE AMOUNT OF $214,841 TO ALL AMERICAN ASPHALT CORPORATION AND AUTHORIZE A CONTINGENCY AMOUNT OF $16,113 FOR CONTRACT CHANGE ORDERS TO BE APPROVED BY THE CITY MANAGER, FOR A TOTAL AUTHORIZATION AMOUNT OF $230,954. RECOMMENDATION: Appropriate, Adopt, Reject, and Award. FINANCIAL IMPACT: The total project budget approved by Council is $300,000. In FY2014-2015 a balance of $222,410 remains for project construction. As shown in the table below, an appropriation of $8,544 of Prop A Exchange Fund savings from the Area 2 Residential Road Maintenance Project (Project# 01414) will be needed to fully fund the construction. Proj.# 24414 Budget Encumbrance Balance Morning Canyon Road Rehabilitation Project $ 300,000 All-American Asphalt $ 300,000 OE Design & CM Services CT&T, Inc. $ 70,590 $ 229,410 OE Contingency (10%) $232,000.00 $ 7,000 $ 222,410 All American Contract $44,000.00 $ 214,841 $ 7,569 All American Contingency (7.5%) Kasa Construction, Inc. $ 16,113 $ -8,544 Appropriate Prop A Exchange Savings from CIP Project 01414 $349,117.00 $ 8,544 $ 0 DISCUSSION: As shown in Exhibit A, Morning Canyon Road is a two-lane residential roadway adversely affected by surface roots uplifting from existing parkway pine trees from Diamond Bar Boulevard to Stonepine Drive. Tree roots from these large pine species have resulted in uplifted pavement, sidewalks, curb and gutter, and have damaged the existing catch basin nearest Diamond Bar Blvd. To date, staff estimated that between $100,000 and $150,000 has been spent to maintain the trees, sidewalk and asphalt pavement. Review of the design plan for the roadway rehabilitation by two separate arborists indicated that complete removal of the trees will be necessary to accommodate the proposed rehabilitation of the roadway, sidewalk, curb, gutter and catch basin that have been damaged by the tree roots. Complete removal of the trees will also eliminate the ongoing maintenance of the roadway, will produce a roadway with a service life of at least 20 years and will reduce the liability to the City related to the damage caused by the trees. The trees are proposed to be replaced with a tree species with less invasive roots that will reduce ongoing maintenance of the roadway related to tree root damage. The project was advertised for bids Monday, November 24, 2014. The engineer's estimate is $250,000. On Tuesday, December 16, 2014, the City received the following eight (8) bid proposals: Company Base Bid Amount Alternate Bid Amount* CEM Construction, Corp. $194,330.30 $48,000.00 All-American Asphalt $214,841.00 $35,200.00 CT&T, Inc. $218,417.31 $40,920.64 Hardy & Harper, Inc. $232,000.00 $48,000.00 PALP, Inc. $235,885.85 $44,000.00 Sully -Miller Co. $249,800.00 $43,200.00 Kasa Construction, Inc. $292,978.00 $52,800.00 Mode Engineering $349,117.00 $80,000.00 *Alternate bid amount for sixteen (16) pine tree removal and replacement 2 The lowest apparent bid was received from CEM Construction, Corp. with a base bid amount of $194,330.30 and an alternate bid amount of $48,000 for tree removals. Staff, along with the City Attorney's office, reviewed the bidder's proposal to verify responsiveness. The following issues were discovered by both staff and the City Attorney which attributed to the lowest bidder being deemed nonresponsive. 1. The bidder's proposal only listed one (1) public agency when the project specifications' Experience Statement requires a minimum of three (3) separate public agencies. Staff contacted CEM Construction Corp. to request additional work experience, only to receive one additional public agency for a total of two (2) cities: City of Rosemead & City of Pico Rivera. The minimum requirement is three (3) public agencies. 2. Project specifications requires a minimum of five (5) years of experience when completing similar projects of scope and magnitude. According to the California Secretary of State, CEM Construction Corp. has existed since March 29, 2010 and obtained their State Contractor's License on August 16, 2010, which is less than the 5 -year minimum requirement. Prior to 2010, CEM Construction Corp. was a sole proprietorship with only a "B" license that did not allow them to rehabilitate roadways or submit a bid to perform work similar in size and magnitude as the Morning Canyon Road Rehabilitation project which required an "A" or "C-12" license. The project specifications, Section 15, page 8 of the Information for Bidders requires that, "The Contractor shall have been in business under the same name and California Contractors License for a minimum of five (5) continuous years prior to the bid opening date for this Project." CEM Construction Corp. does not meet this minimum requirement as a corporation and as a licensed contractor. 3. The Contractor made a correction in their bid sheet for the base bid that is not acknowledged. Project specifications Section 4 on page 4 of the Information for Bidders provides, "The bid submitted must not contain any erasures, interlineation, or other corrections unless each such correction is suitably authenticated by affixing in the margin immediately opposite the correction the surname or surnames of the person or persons signing the bid." Although the City Council has the authority to waive irregularities, the amount of irregularities in CEM Construction Corporation's bid proposal are excessive and may lend an unfair advantage over other bidders. As a result, staff recommends Council to reject CEM Construction Corporations' bid and award to the second lowest bidder, All American Asphalt. All American Asphalt's has been deemed responsive per the project bid requirements. Furthermore, All American Asphalt has performed satisfactory work with the City of Diamond Bar on other similar road rehabilitation projects. Lastly, the project's alternate bid item for tree removals was included to determine the cost effectiveness of performing this work as part of the contract or to perform these services with the City's current landscape contractor, West Coast Arborist (WCA), who will be able to perform tree removals and replacements at a cost of $14,684.50. 3 Therefore, the alternate bid item will not be awarded as part of this project contract to All American Asphalt. In response to concerns expressed over the proposed tree removals, staff held a community outreach meeting Wednesday, February 11th to explain the need to rehabilitate the roadway and the history of the maintenance that has been performed to date as a result of the root intrusion from the trees. The presentation included an arborist report prepared by WCA evaluating the tree conditions based on the proposed rehabilitation project, in addition to explaining how this project would require the need for all trees to be removed due to meeting ADA compliance associated with sidewalks, curbs & gutters. Approximately 19 people were in attendance representing the Diamond Bar United Church and a few residents. At the presentation's end, the community expressed the desire for staff to consider alternative solutions to be explored in order to preserve as many trees as possible including: meandering the existing sidewalk, extending the parkway and minimizing roadway width, removing only the most problematic trees, replacing the concrete sidewalks with a different material, and the complete removal of sidewalks and roadway to allow tree roots as much space as possible to grow. Staff reviewed several options discussed at the community meeting. Meandering the existing sidewalk to the south of each tree would require the acquisition of more public right-of-way if the existing roadway width is to remain the same. From Diamond Bar Blvd. to Stonepine Drive, the public right of way measured from the curb face to back of sidewalk is 10 feet. The parkway and sidewalk utilize all 10 feet. The City would have to proceed with acquiring private property to provide more room to meander the existing sidewalk away from the stonepine trees. The acquisition of private property would require lengthy negotiations between the City and each private property owner to obtain the land necessary to place new sidewalk at a distance necessary to provide tree roots room to grow uninhibited. This option also has topographic constraints related to grading that may be required to eliminate slopes between Diamond Bar Blvd. and Presado Drive and retaining walls between Presado Drive and Stonepine Drive. These constraints will increase the costs for design and construction to accommodate this option. This option was deemed infeasible by staff due to the extensive and costly constraints. Replacing the existing sidewalks with a different material such as decomposed granite or asphalt may temporarily save the existing pine trees. Decomposed granite and asphalt will not require the same forms needed to pour concrete, thus preventing tree roots from being cut during sidewalk installations. However, tree roots will continue to uplift the pedestrian path of travel, regardless of the material the pathways are made from. Therefore, on-going maintenance along Morning Canyon Road would still be warranted and will not reduce liability. Therefore, this option was deemed infeasible. Three (3) options were considered by staff at length and a table (Exhibit B) comparing each option is attached to this report for the Council's consideration. The first option (Option 1) is to proceed with staff's recommendation with the complete removal of all 16 trees, replacement with Tristania Conferta trees, repair of the catch basin closest to 4 Diamond Bar Blvd., replacement of sidewalk, curb, gutter, and complete rehabilitation of the roadway as designed. Option 1 can be completed in 2 months. The second option (Option 2) is to perform the minimum urgent maintenance repairs of the project areas to reduce the liability to the City based on the existing conditions. This option will completely eliminate the sidewalk along the south side of Morning Canyon Road between Diamond Bar Blvd. and Presado, thereby eliminating any pedestrian path of travel on this side of the roadway. By removing the sidewalk the curb ramp at the southwest corner of Presado Drive will need to be removed and a cross walk at this location will need to be installed. Three (3) trees would still require removal due to their existing hazardous condition between Presado Drive and Stonepine Drive and the associated sidewalks will need to be reconstructed. The catch basin closest to Diamond Bar Blvd. will still need to be reconstructed. This option can be completed in the next 2 months with a budget of $30,000. On-going maintenance of the roadway can still be expected as the tree roots will continue to grow and uplift the roadway thereby maintaining potential liability risks to the City. The third option (Option 3) considered extending the parkway and minimizing roadway width along Morning Canyon Road between Diamond Bar Blvd. and Stonepine Drive. Staff worked with Onward Engineering, the consultant who designed the current roadway rehabilitation project, to develop a conceptual design and cost associated with extending the existing parkway 8 feet from its current location. The parkway extension would minimize the existing curb -to -curb width from 40' to 32' and eliminate street parking from Diamond Bar Blvd to Stonepine Drive on the south side of the roadway. Five (5) trees would still require removal with this option. Two (2) catch basins will need to be reconstructed and two (2) new catch basins will need to be constructed to accommodate the new drainage flow related to this option. Option 3 will require six (6) months to be completed as a re -design of the project will be required and the project will have to be re -bid for construction. The total project budget associated with this option is estimated at $375,000. On-going maintenance of the roadway can still be expected as the tree roots will continue to grow and uplift the roadway thereby maintaining potential liability risks to the City. It's important to note that both Options 2 and 3 do not ensure that all of the trees will remain in place. Once sidewalks are removed the arborist will need to evaluate the root system of each tree and it may be determined that the existing conditions of the root system deem the tree to be hazardous which will warrant complete removal of the tree regardless of the measures taken to keep them in place. Council may take the following actions based on the three options presented: Under Option 1, Staff's Recommendation, Council will: Appropriate funds as requested, Adopt the Resolution, Reject the lowest bidder, CEM Construction, and Award a construction contract the All American Asphalt in the amount of $214,841 with a contingency amount of $16,113 for a total authorization of $230,954. Under Option 2 Council will: Reject all bids and direct staff to carry out the maintenance activities as defined. E Under Option 3 Council will: Reject all bids and direct staff to redesign the project per the concept presented, extending the parkway into the existing roadway width by 8 feet. PREPARED BY: Sterling Mosley, Assistant Engineer Kimberly M. Young, Senior Civil Engineer REVIEWED BY: David G- Liu. Director of Public Works DATE PREPARED: February 26, 2015 l� 9oYR6s9, Community Services Director Dianna Honeywell, Finance Wrector Attachment: Exhibit A -Vicinity Map Exhibit B -Council Options Resolution No. 2015 -XX Contract Agreement Exhibit A-Vicinity Map d O RO yK' D W m "d j E } N 4 Y O 3 N U N K d E -2 E N U N K a 0 0 N U O Z N °- m w Iq d a 0 W E a in UO 0 U K@ °- m 'O n 0 d E O Un E 0 y O O 3 L U o M c cU m C O T N C On N 3 N 0 w Ot N O` N N �`. O O d O a N U N U U 015 N O [F v O O y s N C 6 O O O f} " .0 LLr C 'O 16 N... ... c E o v m 0 o a o N V U W y O ? O N U 6 g E 0) O C C C I ro G R czivi N m c o. v y W m �_ p E 0 U y J 0 7CL m .O N E o an d a .° E O E c E w E c_ 2-9 E T N d 6 N 6 U O U° O U O 3� c E'm -Oo E m 0° Q m o U wL c 0 K o z N 0 0n o U E 0 U N c U A � 3 m N 3 C p m m N a p N D O T o 0 O 3 � c E m m 3 ova m a cE0 O E 0 O O co T I y 0 a Ud E N� N N O D O 0 A R N c d N O 'gv w O yd a O o E 9 m 3 O U ry O 0 V 0 3 c_ o a m E ° -p 0 L_ a c ° �° Q s U m m 2 Y m o L E E >. a 0 o w c Q U O U N m .� o 6 O_ O U N N UO' N N C O N N N N O O m w O U Q Oer E U E o e E v m v t 2 m o. _ p Q K Z Z K Z U N y 0 Q Q RESOLUTION NO. 2015 -XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE DESIGN AND PLANS FOR THE CONSTRUCTION OF THE MORNING CANYON ROADWAY REHABILITATION PROJECT PURSUANT TO GOVERNMENT CODE SECTION 830.6 AND ESTABLISHING A PROJECT PAYMENT ACCOUNT. The City Council of the City of Diamond Bar does resolve as follows: SECTION 1: The City Council finds and declares as follows: A. The City retained Onward Engineering ("Consultant") as the engineer to design and prepare the plans for the Morning Canyon Roadway Rehabilitation Project. B. The Consultant informed the City Engineer that these plans are complete and that construction of the Project may begin; C. The City Engineer reviewed the completed design and plans for the Project and agrees with the Consultant that the plans are complete and the Project may be constructed; D. The City Council wishes to obtain the immunities set forth in Government Code § 830.6 with regard to the plans and construction of the Project. SECTION 2: Design Immunity; Authorization. A. The design and plans for the Project are determined to be consistent with the City's standards and are approved. B. The design approval set forth in this Resolution occurred before actual work on the Project construction commenced. C. The approval granted by this Resolution conforms with the City's General Plan. D. The City Engineer, or designee, is authorized to act on the City's behalf in approving any alterations or modifications of the design and plans approved by this Resolution. E. The approval and authorization granted by this Resolution is intended to avail the City of the immunities set forth in Government Code § 830.6. SECTION 3: Project Payment Account. For purposes of the Contract Documents administering the Project, the City Council directs the City Manager, or designee, to establish a fund containing sufficient monies from the current fiscal year budget to pay for the Project ("Project Payment Account'). The Project Payment Account is the sole source of funds available for the Contract Sum, as defined in the Contract Document administering the Project. SECTION 4: The City Clerk is directed to certify the adoption of this Resolution. SECTION 5: This Resolution will become effective immediately upon adoption. PASSED, APPROVED, AND ADOPTED this 3rd day of March, 2015. Steve Tye, Mayor I, Tommye A. Cribbins, City Clerk of the City of Diamond Bar, California, do hereby certify that the foregoing Resolution No. 2015 -XX was duly and regularly passed and adopted by the City Council of the City of Diamond Bar, California, at its regular meeting held on the 3m day of March, 2015, by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Tommye A. Cribbins, City Clerk AGREEMENT The following agreement is made and entered into, in duplicate, as of the date executed by the Mayor and attested to by the City Clerk, by and between All-American Asphalt Corporation hereinafter referred to as the "CONTRACTOR" and the City of Diamond Bar, California, hereinafter referred to as "CITY." WHEREAS, pursuant to Notice Inviting Sealed Bids, bids were received, publicly opened, and declared on the date specified in the notice; and WHEREAS, City did accept the bid of CONTRACTOR All-American Asphalt Corporation and; WHEREAS, City has authorized the Mayor to execute a written contract with CONTRACTOR for furnishing labor, equipment and material for the Morning Canyon Roadway Rehabilitation Project in the City of Diamond Bar. NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is agreed 1. GENERAL SCOPE OF WORK: CONTRACTOR shall furnish all necessary labor, tools, materials, appliances, and equipment for and do the work for the Morning Canyon Roadwav Rehabilitation Project in the City of Diamond Bar. The work to be performed in accordance with the plans and specifications, dated August 2014 (The Plans and Specifications) on file in the office of the City Clerk and in accordance with bid prices hereinafter mentioned and in accordance with the instructions of the City Engineer. 2, INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY: The Plans and Specifications are incorporated herein by reference and made a part hereof with like force and effect as if set forth in full herein. The Plans and Specifications, CONTRACTOR'S Bid dated December 9, 2014 together with this written agreement, shall constitute the contract between the parties. This contract is intended to require a complete and finished piece of work and anything necessary to complete the work properly and in accordance with the law and lawful governmental regulations shall be performed by the CONTRACTOR whether set out specifically in the contract or not. Should it be ascertained that any inconsistency exists between the aforesaid documents and this written agreement, the provisions of this written agreement shall control. 3. COMPENSATION: CONTRACTOR agrees to receive and accept the prices set forth in its Bid Proposal as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the work during its progress or prior to its acceptance including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the aforesaid contract documents; and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work. 4. TERM OF CONTRACT: The CONTRACTOR agrees to complete the work within thirty 30 working days from the date of the notice to proceed. The CONTRACTOR agrees further to the assessment of liquidated damages in the amount of five hundred ($500.00) dollars for each calendar day the work remains incomplete beyond the expiration of the completion date. City may deduct the amount thereof from any monies due or that may become due the CONTRACTOR under this agreement. Progress payments made after the scheduled date of completion shall not constitute a waiver of liquidated damages. 5. INSURANCE: The CONTRACTOR shall not commence work under this contract until he has obtained all insurance required hereunder in a company or companies acceptable to City nor shall the CONTRACTOR allow any subcontractor to commence work on his subcontract until all insurance required of the subcontractor has been obtained. The CONTRACTOR shall take out and maintain at all times during the life of this contract the following policies of insurance: a. Workers' Compensation Insurance: Before beginning work, the CONTRACTOR shall furnish to the City a certificate of insurance as proof that he has taken out full workers' compensation insurance for all persons whom he may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. Such insurance shall be maintained in full force and effect during the period covered by this contract. In accordance with the provisions of Section 3700 of the California Labor Code, every CONTRACTOR shall secure the payment of compensation to his employees. The CONTRACTOR, prior to commencing work, shall sign and file with the City a certification as follows: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of work of this contract." b. For all operations of the CONTRACTOR or any sub -contractor in performing the work provided for herein, insurance with the following minimum limits and coverage: 1) Public Liability - Bodily Injury (not auto) $500,000 each person; $1,000,000 each accident. 2) Public Liability - Property Damage (not auto) $250,000 each person; $500,000 aggregate. 3) CONTRACTOR'S Protective - Bodily Injury $500,000 each person; $1,000,000 each accident. 4) CONTRACTOR'S Protective Property Damage $250,000 each accident; $500,000 aggregate. 5) Automobile - Bodily Injury $500,000 each person; $1,000,000 each accident. 2 6) Automobile - Property Damage $250,000 each accident. C. Each such policy of insurance provided for in paragraph b. shall: 1) Be issued by an insurance company approved in writing by City, which is authorized to do business in the State of California. 2) Name as additional insured the City of Diamond Bar, its officers, agents and employees, and any other parties specified in the bid documents to be so included; 3) Specify it acts as primary insurance and that no insurance held or owned by the designated additional insured shall be called upon to cover a loss under the policy; 4) Contain a clause substantially in the following words: "It is hereby understood and agreed that this policy may not be canceled nor the amount of the coverage thereof reduced until thirty (30) days after receipt by City of a written notice of such cancellation or reduction of coverage as evidenced by receipt of a registered letter." 5) Otherwise be in form satisfactory to the City. d. The policy of insurance provided for in subparagraph a. shall contain an endorsement which: 1) Waives all right of subrogation against all persons and entities specified in subparagraph 4.c.(2) hereof to be listed as additional insured in the policy of insurance provided for in paragraph b. by reason of any claim arising out of or connected with the operations of CONTRACTOR or any subcontractor in performing the work provided for herein; 2) Provides it shall not be canceled or altered without thirty (30) days' written notice thereof given to City by registered mail. e. The CONTRACTOR shall, within ten (10) days from the date of the notice of award of the Contract, deliver to the City Manager or his designee the original policies of insurance required in paragraphs a. and b. hereof, or deliver to the City Manager or his designee a certificate of the insurance company, showing the issuance of such insurance, and the additional insured and other provisions required herein. Self Insured Retention/Deductibles. All policies required by this Agreement shall allow City, as additional insured, to satisfy the self- insured retention ("SIR") and/or deductible of the policy in lieu of the Owner (as the named insured) should Owner fail to pay the SIR or deductible requirements. The amount of the SIR or deductible shall be subject to the approval of the City Attorney and the Finance Director. Owner understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by Owner as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should City pay the SIR or deductible on Owner's behalf upon the Owner's failure or refusal to do so in order to secure defense and indemnification as an additional insured under the policy, City may include such amounts as damages in any action against Owner for breach of this Agreement in addition to any other damages incurred by City due to the breach. 6. PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the CONTRACTOR is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public works is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the Office of the City Clerk of the City of Diamond Bar, 21825 Copley Drive, Diamond Bar, California, and are available to any interested party on request. City also shall cause a copy of such determinations to be posted at the job site. The CONTRACTOR shall forfeit, as penalty to City, not more than two hundred dollars ($200.00) for each laborer, workman or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general prevailing rate of wages hereinbefore stipulated for any work done under this Agreement, by him or by any subcontractor under him. 7. APPRENTICESHIP EMPLOYMENT: In accordance with the provisions of Section 1777.5 of the Labor Code, and in accordance with the regulations of the California Apprenticeship Council, properly indentured apprentices may be employed in the performance of the work. The CONTRACTOR is required to make contribution to funds established for the administrative of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeship trade on such contracts and if other CONTRACTOR'S on the public works site are making such contributions. The CONTRACTOR and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex -officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. 8. LEGAL HOURS OF WORK: Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract, and the CONTRACTOR and any sub -contractor under him shall comply with and be governed by the laws of the State of California having to do with working hours set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. The CONTRACTOR shall forfeit, as a penalty to City, twenty-five dollars ($25.00) for each laborer, workman or mechanic employed in the execution of the contract, by him or any sub- CONTRACTOR under him, upon any of the work hereinbefore mentioned, for 4 each calendar day during which the laborer, workman or mechanic is required or permitted to labor more than eight (8) hours in violation of the Labor Code. 9. TRAVEL AND SUBSISTENCE PAY: CONTRACTOR agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8. 10. CONTRACTOR'S LIABILITY: The City of Diamond Bar and its officers, agents and employees ("Indemnitees") shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used or employed in performing the work; or for injury or damage to any person or persons, either workers or employees of CONTRACTOR, of its subcontractors or the public, or for damage to adjoining or other property from any cause whatsoever arising out of or in connection with the performance of the work. CONTRACTOR shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever. CONTRACTOR will indemnify Indemnities against and will hold and save Indemnitees harmless from any and all actions, claims, damages to persons or property, penalties, obligations or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or in connection with the work, operation, or activities of CONTRACTOR, its agents, employees, subcontractors or invitees provided for herein, whether or not there is concurrent passive negligence on the part of City. In connection therewith: a. CONTRACTOR will defend any action or actions filed in connection with any such claims, damages, penalties, obligations or liabilities and will pay all costs and expenses, including attorneys' fees, expert fees and costs incurred in connection therewith. b. CONTRACTOR will promptly pay any judgment rendered against CONTRACTOR or Indemnitees covering such claims, damages, penalties, obligations and liabilities arising out of or in connection with such work, operations or activities of CONTRACTOR hereunder, and CONTRACTOR agrees to save and hold the Indemnitees harmless therefrom. C. In the event Indemnitees are made a party to any action or proceeding filed or prosecuted against CONTRACTOR for damages or other claims arising out of or in connection with the work, operation or activities hereunder, CONTRACTOR agrees to pay to Indemnitees and any all costs and expenses incurred by Indemnitees in such action or proceeding together with reasonable attorneys' fees. Contractor's obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of City under any provision of this agreement, Contractor shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City. So much of the money due to CONTRACTOR under and by virtue of the contract as shall be considered necessary by City may be retained by City until disposition has been made of such actions or claims for damages as aforesaid. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law. This indemnity is effective without reference to the existence or applicability of any insurance coverage which may have been required under this Agreement or any additional insured endorsements which may extend to Indemnitees. CONTRACTOR, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the CONTRACTOR regardless of any prior, concurrent, or subsequent passive negligence by the Indemnitees. 11. NON-DISCRIMINATION: Pursuant to Labor Code Section 1735, no discrimination shall be made in the employment of persons in the work contemplated by this Agreement because of the race, color or religion of such person. A violation of this section exposes the CONTRACTOR to the penalties provided for in Labor Code Section 1735. 12. PAYMENT FUND: A City Council resolution established a Project Payment Account, encumbered money in the current budget, and assigned that money to the Project Payment Account, which is the sole source of funds available for payment of the contract sum set forth in Section 3 of this Agreement. CONTRACTOR understands and agrees that CONTRACTOR will be paid only from this special fund and if for any reason this fund is not sufficient to pay CONTRACTOR, CONTRACTOR will not be entitled to payment. The availability of money in this fund, and City's ability to draw from this fund, are conditions precedent to City's obligation to make payments to CONTRACTOR. 13. TERMINATION: This agreement may be terminated by the City, without cause, upon the giving of a written "Notice of Termination" to CONTRACTOR at least thirty (30) days prior to the date of termination specified in the notice. In the event of such termination, CONTRACTOR shall only be paid for services rendered and expenses necessarily incurred prior to the effective date of termination. 6 IN WITNESS WHEREOF, the parties hereto have executed this Agreement with all the formalities required by law on the respective dates set forth opposite their signatures. State of California "CONTRACTOR'S" License No. 267073 - A, C12 Date All-American Asphalt Corporation PO Box 2229 Corona, CA 92878 By: TITLE CITY OF DIAMOND BAR, CALIFORNIA By: Steve Tye, MAYOR ATTEST: By: TOMMYE CRIBBINS, CITY CLERK CONTRACTOR'S Business Phone (951) 736-7600 Emergency Phone at which CONTRACTOR can be reached at any time APPROVED AS TO FORM: David DeBerry, CITY ATTORNEY Date m \� 4 ¥* • tl P i I ► `i' u 1 ✓ 41 2. m �� 1 1 � � s � 4 T y� I I I � N N Ll 0 2 Y I*6 I4b im l4b, m# • I# M I MNA 616 w Y d E t m Q w Y 3 V 3 a ca u d N E U M1. 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V-4, cam- Signature This document is a public record subject to disclosure under the Public Records Act. TO: CITY CLERK FROM: `"I DATE: ADDRESS: ! PHONE: (Optional (Optional) ORGANIZATION: AGENDA#/SUBJECT: I expect to address the Council on the subject agenda/subject item. Please have the Council Minutes reflect my name and address as written above. *igniature: This document is a public record subject to disclosure under the Public Records Act. TO: CITY CLERK ADDRESS: ORGANIZATION: AGENDA#/SUBJECT: DATE: --t) - a -/ PHONE: 90 ?— k�O—(.e ? 916 (Optional) (Optional) expect to address the Council on the subject agenda/subject item. Please have the Council Minutes reflect my name and address as written above. � lo//kJ2 Signature This document is a public record subject to disclosure under the Public Records Act. TO: CITY CLERK FROM: �� l� Fl US:A r S5 DATE: ADDRESS: z�U az !�� - L N 1 In �� PHONE: Optional) (Optional) ORGANIZATION: V1, G V CA C, AGENDA#/SUBJECT:�— expect to address the Council on the subject agenda/subject item. Please have the Council Minutes reflect my name and address as written above. Signature TO: FROM: CITY CLERK DATE: � 13( `C� S ADDRESS: PHONE: (Optional) (Optional) ORGANIZATION: AGENDA#/SUBJECT: �Qe%,Vk I expect to address the Council on the subject agenda/subject item. Please have the Council Minutes reflect my name and address as written above. Signature This document is a public record subject to disclosure under the Public Records Act. DlA1►I0A'D BI yWIN > TO: FROM: ADDRESS: VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL CITY CLERK 0�1 vl TT C ✓ DATE: ORGANIZATION: AGENDA#/SUBJECT: (Optional) y;. � � -7/q vv Vl;`Vi 0 - PHONE: CO I/ — / f L - (Optional) (Optional) crvz)� r I expect to address the Council on the subject agenda/subject item. Please have the Council Minutes reflect my name and address as written above. rf r Signature This document is a public record subject to disclosure under the Public Records Act. °D�I01�'D BAR; TO: CITYyy CLERK FROM: / 111 V DATE: ADDRESS: PHONE: ORGANIZATION: AGENDA#/SUBJECT: tgac� �J--o /9 (Optional) I expect to address the Council on the subject agenda/subject item. Please have the Council Minutes reflect my name and address as written above. Signature This document is a public record subject to disclosure under the Public Records Act. TO: CITY CLERK FROM: C91A- TGW6 DATE: 3�� 1s: ADDRESS: PHONE: (Optional) (Optional) ORGANIZATION: cokns if eslo AGENDA#/SUBJECT:6LL t eft I expect to address the Council on the subject agenda/subject item. Please have the Council Minutes reflect my name and address as written above. Signature This document is a public record subject to disclosure under the Public Records Act. i_...I I I;'I nL� L989 TO: FROM: ADDRESS: CITY CLERK ORGANIZATION: 0 )Ano C -.,lyra Or. 171 AGENDA#/SUBJECT: PL -11L -r DATE: 3 -3—!5 -- PHONE: 3—l5 PHONE: 9(]? -8t'!- I expect to address the Council on the subject agenda/subject item. Please have the Council Minutes reflect my name and address as written above. Signator This document is a public record subject to disclosure under the Public Records Act. TO: FROM: ADDRESS: CITY CLERK }'rnz M4/tudo DATE: ORGANIZATION: AGENDA#/SUBJECT: PHONE: (Optional) (Optional) expect to address the Council on the subject agenda/subject item. Please have the Council Minutes reflect my name and address as written above. l� g kture This document is a public record subject to disclosure under the Public Records Act. TO: CITY CLERK FROM: �t%`i DATE: ADDRESS: ��U, PHONE: 1 1� (� I — C? Z ORGANIZATION: 141 ��. AGENDA#/SUBJECT: f lr�i C�w�U �2: (jam ! U V1 i�qj �56� I expect to address the Council on the subject agenda/subject item. Please have the Council Minutes reflect my name and address as written above. Si a ure This document is a public record subject to disclosure under the Public Records Act. . •, :;• � to `• �.••� ,_ - - �,, TO: FROM: ADDRESS: ORGANIZATION: AGENDA#/SUBJECT: CITY CLERK �t�_�!I 1 �,Jir2rlr✓ DATE: (Optional) /(Optional) aci -C, t-, iC expect to address the Council on the subject agenda/subject item. Please have the Council Minutes reflect my name and address as written above. �- " 1� Signatee This document is a public record subject to disclosure under the Public Records Act. Tommye Cribbins From: Edward Cogger <eacogger@mac.com> Sent: Tuesday, March 03, 2015 3:19 PM To: Tommye Cribbins Cc: Jean Favreau-Sorvillo; Bill Flournoy; Karen Gerloff; John Hoffner; Betsy Haffner; Susanne Potter Subject: Save The Trees Mayor & City Council members, Unfortunately I won't be able to attend the council meeting tonight but I would like to add my voice to the Save the Trees concerns regarding the large pine trees along the south side of Morning Canyon Road adjacent to the Diamond Bar United Church of Christ property. While I understand the concerns regarding sidewalk and road damage caused by their roots I believe there are alternatives to their removal such as sidewalk removal and possibly replaced with more natural pathway. At the very least, if the trees are removed they should be replaced with California native trees of substantial size and landscaped with other native vegetation. The community should be consulted regarding this landscaping. Thank you for your consideration of this matter, Dr. Edward Cogger 1726 Mensha Ct Diamond Bar, CA 91765 (909)861-7828 Tommye Cribbins From: Edward Cogger <eacogger@mac.com> Sent: Tuesday, March 03, 2015 3:19 PM To: Tommye Cribbins Cc: Jean Favreau-Sorvillo; Bill Flournoy; Karen Gerloff; John Hoffner; Betsy Haffner, Susanne Potter Subject: Save The Trees Mayor & City Council members, Unfortunately 1 won't be able to attend the council meeting tonight but I would like to add my voice to the Save the Trees concerns regarding the large pine trees along the south side of Morning Canyon Road adjacent to the Diamond Bar United Church of Christ property. While I understand the concerns regarding sidewalk and road damage caused by their roots I believe there are alternatives to their removal such as sidewalk removal and possibly replaced with more natural pathway. At the very least, if the trees are removed they should be replaced with California native trees of substantial size and landscaped with other native vegetation. The community should be consulted regarding this landscaping. Thank you for your consideration of this matter, Dr. Edward Cogger 1726 Mensha Ct Diamond Bar, CA 91765 Tommye Cribbins From: Venus Manguiat Jr <vmanguiatjr@yahoo.com> Sent: Monday, March 02, 2015 8:08 AM To: Tommye Cribbins Subject: The Trees beside road along the United Church of Christ building ---:SAVE THE TREES City Council Meeting To Whom It May Concern We would like to let you know that cutting the trees beside our premises would mean destroying the giver of OXYGEN to our environment. These trees was taken cared of for more than 50 years! The benefits given to the people who live, play, walks around them was enormous. The shade contributed to the comfort of the students in our school who are always playing beside and around them were beyond compared. The people in the community who walks to and fro along them were always protected from the UV and hurts burning sun during all year round specially in summer time. There are so many things to be mentioned that's why as a concern citizen and recipient of all the benefits from these trees I appeal to the city Council of Diamond Bar to spare and protect the said trees from unnecessarily extinction. Respectfully submitted Rev Venus R. Manguiat Jr - UCC concern member Tommye Cribbins From: Lorain Yocky <rain.yocky@gmail.com> Sent: Monday, March 02, 2015 4:51 PM To: Tommye Cribbins Subject: Save our Diamond Bar Legacy Trees, Please Dear Friends, Please add my voice to those asking you to save our Diamond Bar Legacy Italian Stone Pine Trees on Morning Canyon. Thank you. Rain Yocky Tome Cribbins From: Evelyn Wallace <bmanwall@verizon.net> Sent: Monday, March 02, 2015 9:30 PM To: Tommye Cribbins Subject: Save the Trees It will be nice if we could save the trees beside the UCCDB. It took lots of years for them to grow & they are healthy, not sick. Imagine the pollutants they can clean from the air & the oxygen they give out for us to use. It will be best if they are just cut & maintained to smaller size. Please don't cut them. Thank you for your consideration. Sincerely yours, Evelyn M. Wallace & Family Member UCCDB Sent from my device �® <A Diamond Bar united Church Of Christ z } + 2.3355 Diamond Bar Boulevard, DrarR(@(, 44j nt91i65 Office: (909) 861-4735 Children's Center: (909) 861-6230 FY p�py 9>H m� Fax: (909) 396-6(� �gKAR "2 Fel 2: 556y P An Open and Affirming Congrega tion Website: 7 www.diarnondbT—ffi °�GEi�' c-� i i A$a%,a OFFICE ',, Rev. Dr. Jeanne Favreau-Sorvrllo, Pastor ed.i (`{ ��? j,��nCgl rt i ; Moderator March 2, 2015 Mayor Steve Tye: In my letter dated February 25, 2015, concerning the removal of the stone pine trees on Morning Canyon Road, I inadvertently omitted a picture recently taken of the area, so I am including it now, as I believe it makes a visual statement of its own. Sincerely, 12 lz I Bill Flournoy J Community Garden Planning Committee Enclosure cc: Jack Tanaka, Nancy Lyons, Jimmy Lin, Carol Herrera JDiamond Bar United Church ®f Christ 2335 S. Diamond B olulevatd, Diamond Bar, C4 91765 Office: (909) 86 7"1 i dren's Center: (909) 361-6230 Fax: (909) 396-6031 AnY64Wpl ongregation Website: www.diamondbarucc.org Rev. Dr. Jeanne Favreau-Sorvillq Pastak'jl­ ' IKANAGR'S 0IF FIGS Julie Rodriguez, Moderator ± CITY l F 01r -h0'1 i if sie L? TO: Mayor Steve Tye FROM: Julie Rodriguez, Moderator — DBUCC ( l DATE: February 26, 2015 The attached Resolution was passed by the Church Council of the Diamond Bar United Church of Christ at the regular, monthly Council Meeting on February 19, 2015. The Resolution relates to the proposal by the Community Services and Public Works staffs to proceed with the Morning Canyon Reconstruction Project, including the removal of the sixteen (16) stone pine trees on Morning Canyon Road. The Resolution represents the consensus of the Council, which is the governing body of the Church. We understand that a staff recommendation may be on the March 3, 2015, City Council Meeting Agenda for approval. We hope the Resolution will factor into your deliberations on this important matter and will delay immediate action, so that alternative options may be explored which will result in saving the trees. Sincerely, Julie Rodriguez, M��� r Attachment cc: Council Member Jack Tanaka t% Council Member Nancy Lyons Council Member Jimmy Lin Council Member Carol Herrera Diamond Bar United Church ®f Christ a F ¢ 2335.5. Diamond Bar Rpulevatcj, Diamond Bar, C4 91765 Office: (909) 861-4739 Lti nea,xi.'r_ dater: (909) 861-6230 ' f Fax: (909) 396-6031 HEYMAY �'� .4n ®peri a ngrtion Website: iuww.diamondbarucc:org Rev. Dr. Jeanne Favreau-Sorllo, Pastor 0 i '"-+e;i A�U_R,S Jt I!. _ Julie Rodriguez, Moderator (.1 iYOFOli,,`ilJiln"R TO: Mayor Steve Tye, City of Diamond Bar ��� FROM: Bill Flournoy, Community Garden Planning Committee q /\ DATE: February 15, 2015 G I attended the February 11, 2015, information meeting, hosted by the Community Services and Public Works Departments regarding the planned removal of the 16 Italian stone pine trees on Morning Canyon Road. I and several members of the community offered comments that supported keeping the trees and adopting a policy of watchful waiting. The trees have been spared in the past, and every option should be explored to retain these magnificent, beneficial, and much -loved trees. The following reasons are offered for saving the trees: 1. The trees provide irreplaceable shade; habitat, beauty, and benefit generally to activities that occur nearby (church and children's center; succulent, wildflower, and community gardens). 2. The trees are a unique and valuable community resource and asset. There is a long- standing onbstanding emotional connection to the trees from residents in the area due to their size, age, and majestic beauty similar to the attachinent some have for the redwoods. They are silent sentries that evoke feelings of nature's presence, strength, and permanence. For these reasons, the trees should remain as long as feasible and so long as they remain compatible with the street and sidewalk that is safe and accessible for all. 3. Some value must be assigned to the trees based on their size, age, and contribution or usefulness to the community. The trees are not priceless, but surely they are worth something. What price can you put on beauty, or feelings of serenity, or the welcome, saving, shelter from the noonday heat? 4. Damage to the street or other infrastructure can be assessed periodically. Currently, the street does not exhibit upheaval due to the root pruning and repairs made in 2013. One or two instances of sidewalk repair are necessary currently to meet ADA regulations and minimize liability. The sidewalk can be repair without removing the trees. Some root cutting of the one or two problem trees would be required. 5. A cell phone tower on a site close to the trees is under active consideration by Verizon and the church. The trees provide environmental screening from the street and boulevard, which is a City Code requirement for such a facility. The removal of the trees would be at cross purposes with the Planning Department, which has performed an initial review of the application for a Conditional Use Permit. y7?�:u�r � ��i�S' G�� �J ��Y1 //!% G� �✓��%amu-`ii`� �/��-G �'-2-4 Honorable Mayor Steve Tye and Diamond Bar City Council Members There are some reasons for removing the 16 nearly full grown Italian Stone Pines along Morning Canyon Road. It is the easiest and cheapest course of action, but it is not the best course of action for many reasons. Many of these reasons were brought forward by the diverse audience of interested parties that attended the Community Meeting on February 11. Good local government is government that is responsive to the wishes of those governed. Please listen to the many valid reasons for saving these magnificent huge trees and ask city staff to be more creative in seeking a solution that will retain these trees as a valuable city resource. Other cities have saved their large trees and now are known as beautiful and favorable places to live .... Upland, Pasadena, San Luis Obispo to name a few. Here again are some of the reasons that these trees should be saved even at added expense: As the volunteers who are currently working to create the new Diamond Bar Community Garden need and welcome the deep shade of these massive trees, those who will enjoy the garden for many years to come will thank you for retaining these wonderful trees and the shade and cooling that they provide. You are creating a legacy of your city service. These majestic trees are an asset and increase the property value of those who live in this neighborhood. These nearly full grown Italian Stone Pine trees are worth approximately $7,920 yearly or $495 per tree per year according to the National Tree Benefit Calculator which takes into account the location, tree variety, and tree size when assessing the benefits produced by urban street- side plantings. As the Southwestern drought continues and there is continued climate warming, widespread tree death from drought and insects and stunted growth is projected by scientists from Los Alamos National Laboratory, the U.S. Geological Survey, and the University of Arizona and other organizations. In other words, even replacing these trees with fairly large box trees will in no way guarantee that the new trees would ever grow to such a magnificent size or retain their health in such stressful conditions. A look at many if not most of the recently planted Diamond Bar street trees will show the stress that they are under. These sixteen very large mature Italian Stone Pine trees can truly be looked at as being irreplaceable. Thank you, Mayor Tye and City Council members for listening and encouraging city staff to find creative solutions that will retain these large trees for generations to come. Have they considered gently curving sidewalks like Walnut has along Lemon Avenue and Creekside Drive? Have they considered raising the sidewalk and having no parking or intermittent no parking along one side of Morning Canyon if there is a problem with sidewalk or curb height? Narrowing the street? Eliminating the sidewalk on one side? Karen Gerloff Diamond Bar Community Garden volunteer and DBUCC Church Council member C f ;;��`� ��t t t �� t`� ag� 3f ,e ,�j ;l # .'' + i,' Benefits of your tree Page 1 of 1 National Tree Benefit Calculator Ove, 16en fits -, itp Lr p, +TpyJ 1 IV V Bere This 43,9 mch Ztaiffan stone game provides overall benefits of: $495 every year, While some functional benefits of trees are well documented, others are difficult to quantify (e.g., human social and communal health). Trees' specific geography, climate, and interactions with humans and infrastructure is highly variable and makes precise calculations that much more difficult. Given these complexities, the results presented here should be considered initial approximations—a general accounting of the benefits produced by urban street -side plantings. Benefits of trees do not account for the costs associated with trees' long-term care and maintenance. Ma kd.w"°Trow Lc -s b<,te ,, N this tree is cared for and groins to 48,9 eirx°"°"e °trhe tet: a>flebtm°reaeran inches, It will provide x497 in annual benefits. trained stone pine Pinus pmea �r _ The Ne anal Tree Benat Cakolatorvrae conceived and developed by C 1=`e'sandL:vay ir. ,,pert Co. Dw Climate change could cripple southwestern U.S. forests: Trees face rising drought stress a... Page 1 of 4 Sc,i nc e loin Novi k ��ioi� H:�E Your source for the latest research news € ,.` r' Lose i f Etas art [Js Miobile: BiPhone *Android OWeb FOHMe GFacebook ®Twitter &Gpogle+ Subscriba: 1R55 Feeds ® I u Email t\ewsearch -+ HEALTH PHYSICALITECH ENVIRONMENT SOCIETY/EntlCAT10P1 QUIRKY Enter keyword orphrase._ Search Latest Headlines Health & Medidne Mind & Bain Space & Time Matter & Energy Computers & Malh Plants & Animals Eadh & Climate Fossils & Ruins ,'eatured Research from aniversides,joumals, andothero rgan2ations Save/Print: W 8 Share- 6 f B in $` Climate change could cripple southwestern U.S. forests: Trees face rising drought stress and mortality as climate Warms Binh of Multiple Star System Data; September30, 2012 VPeight4Y®tCBYEr$ Source: University ofAdzona Share This Summers^ Combine the tree -ring> growth rewN with information climate !9 Email to a friend n;cords, and computer -model projections of future climate trends, and of > f Facebook you get a gdm pichne for the future of trees in the southwestern United >m Tvffiter States, according to a new study, > In Linkedln > 9' Google, > 9 Print this page Related Topics Plants & Animas > Trees > Drought > Nature Earns & Gitna.e aer_ Breaking News: Binh of Multiple Star System VPeight4Y®tCBYEr$ ®nlin!Mfirs >T Digital toots With _ All - , _ 24/]Gxparr Char s Uigitatfootc& mobile apps gelated Stones l 11 J: Z/ n � uI J t I 1 .t i t � I �ja E t �\l S� .l� J sly I Z/ n � uI J I i t � I �ja E t �\l S� .l� J sly I Z/ � uI C I i t � I �ja E t �\l � uI I i t � I �ja E t �\l uI � E I � Date: 3-3-2015 To: Mayor Tye and Councilmembers RE: DB City Council: Agenda #8.2, Morning Canyon Rehabilitation Project Introduction. My name is John Hoffner and I have been a resident of this subject neighborhood since 1993. 1 am also a member of the United Church of Christ whose property is adjacent to almost half of the subject trees. I pass by and drive on Morning Canyon drive frequently and often admire the Italian Stone Pines that you are being asked to remove. Such removal would be an extreme reaction to the actual situation. I support an alternative that would preserve these legacy trees as well as ensure the safe mobility of pedestrians and vehicles. LeRacV trees. These are very special trees. They were planted in the 1960's by our founding church members long before our city was incorporated — back when this was truly "the country'. It is no coincidence that all the trees grow along the original property line of the church's parcel, some of which was sold and developed into condominiums. In our Diamond Bar Municipal Development Code, Title 22, Article III, Chapter 22.38, it states: "Trees are an important natural resource... It is essential to the public peace, health, and welfare that such trees be protected from random removal and cutting". The code goes on to define "Protected trees" as natives with a diameter of eight inches or more" or "Trees of significant historical or value as designated by the Council." The subject pine trees along the church property have circumferences of 73", 93", 103", 106", 114" and 138" (over eleven feet!). These trees deserve the Council's protection and designation of "significant value" based on their legacy and size. Second Arborist opinion? The City asked its contracted arborist (WCA of Anaheim) to evaluate these trees. WCA said we need to do root pruning and shaving to return the sidewalk to its original spot but if we cut the "crown roots" growing under the sidewalk it puts the tree at risk of failure. The residents who attended the community meeting to discuss this proposal on 2-11-2015 were dismayed that Diamond Bar always removes large trees rather than work around them as other local cities do. Attendees expressed skepticism on relying on the same vendor to analyze the trees as would be paid to remove the trees, a possible conflict of interest. Residents felt the need for a second professional opinion. There are no other arborists reports mentioned in today's staff report. Public Works report. The impression to residents and tax payers is that the City has not seriously considered all other options (in spite of the limited three options proposed tonight) and has exaggerated claims about potential liability. The Public Works staff reported that the last repairs on sidewalks along this road were done in 2004 at a cost of $100,000, and small repairs in the street asphalt were done 18 months ago. Staff report cracking is taking place. The Public Works director, David Liu, indicated damage to catch basins, possible sewer line damage and the high risk of lawsuits from pedestrians tripping on non -ADA compliant sidewalks. However, no staff member could recall any lawsuits filed against the City over sidewalks. The condition of the raised sidewalk here is not recent — why has the City waited years to address a few problems, taking "great risk" in the process? Many residents feet this is over exaggerated, and the few sidewalk problems should have been dealt with long before they got the their current condition. Another example is the claim about sewer damage. When a resident questioned how far below the surface the "problem roots' are, WCA replied 20 inches. Then Public Works staff admitted the sewer lines and other utilities are located much deeper than 20 inches. It's not likely that damage to any utilities is possible from these pine roots at such a shallow depth, yet the claim (and fear mongering) was emphasized repeatedly by Public Works Director David Liu. Actual site conditions. I walked along the sidewalk and street on Morning Canyon Drive, between Diamond Bar Blvd. and Presado. I surveyed every foot of concrete sidewalk and gutter. The following are the current conditions: • Sidewalks: Most of the existing sidewalk is old concrete (likely the original), in excellent condition and has not been replaced in decades. The changes in level between a few sections of concrete slabs which do require attention occur in only four slabs along the church property and do not exceed 2" in rise. Minimal work to either replace or grind just these locations appear to be sufficient, rather than the wholesale removal and replacement of all the sidewalk. • Catch basins: Some have cracks but do not appear to be in any danger of collapsing. If these used reinforced concrete, they may not require any repairs. (I peered inside from the gutter with a flashlight) • Curbs: The only cracked curbs exist between the easternmost (lowest) two trees and can be replaced. Curbs that were replaced in the past still look new, without cracks. There is still space left between most tree trunks and the curb, allowing the trees to continue growing for several more years. Options to total removal. The following are my comments regarding the options staff that staff did not seriously consider yet warrant more attention: • Option 1. Research o How other cities have designed infrastructure repairs to work with and protect mature street trees. We have seen many streets in the region where large, mature trees are still standing — why don't we allow this in Diamond Bar? o Get a second arborist report — and not one from a company who may have a conflict of interest (i.e., select one whom the City will not be contracted to remove or trim any of the subject trees). • Option 2. Keep the trees. Where absolutely needed, repair catch basins and sidewalk with same design (only four sections along the church property are raised up); prune and shave roots only as needed. • Replace the broken straight sidewalk with a new design, meandering around the trees to avoid root crown disturbance. Staff overestimates the difficulty to negotiate with adjacent property owners: the church has officially stated that it's open to discussing how it may support efforts to save these trees! • Option 3. Remove only the most problem trees that are seriously damaging infrastructure after providing a report and map/diagram to the public showing the location and problem that actually exists --not just conjecture. • Option 4. If any trees are removed, do not replace them with fast-growing tree species from Australia or other parts of the globe. Plant native species that are going to be adapted to the climate and rainfall, will be strong and healthy. Fast-growing exotic species are always weak when they grow tall and will place the City at more risk of falling limbs (and more frequent replacement) than using natives such as oaks (which are very deep-rooted). Summary. Many people moved into Diamond Bar because of its natural beauty, with vegetated hillsides and parkway trees in the neighborhood. Without mature trees, the temperature significantly rises along the street. These pine trees are established and healthy, and require no additional irrigation to maintain. By contrast, the proposed replacement trees the city would plant are not native (from Australia) and will require regular care and irrigation to get established. Residents appreciate the majesty and beauty of these trees and their contribution to Diamond Bar's "country living' heritage (rapidly disappearing) and once these trees are gone, they are gone forever. There is a community garden within 100 feet of these trees and the gardeners rely on the shade to rest while working their gardens. Finally, you've seen the passion of the people of Diamond Bar through your email inbox, the last community meeting and our presence here tonight for preserving these trees. Bill mentioned he talked to the trees about this issue, and they spoke back. Obviously, these trees speak to many people in this community. We ask for you to make certain they do not go silent. Thank you, John Hoffner 1504 Kiowa Crest Diamond Bar, CA 91765 lohnhoffnerCa)gmall.com