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Home My WebLink About031715 - Agenda - Regular MeetingCity Council Agenda Tuesday, March 17, 2015 6:00 p.m., Closed Session - Room CC -8 6:30 p.m. - Regular Meeting The Government Center South Coast Air Quality Management District/ Main Auditorium 21865 Copley Drive, Diamond Bar, CA 91765 Steve Tye Nancy A. Lyons Mayor Mayor Pro Tem Carol Herrera Jimmy Lin Jack Tanaka Council Member Council Member Council Member City Manager James DeStefano • City Attorney David 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 Bar's web site at www.CityofDiamondBar.com Please refrain from smoking, eating or drinking in the Council Chambers. The City of Diamond gar uses recycled paper and encourages you to do the same. f CITY OF DIAMOND BAR CITY COUNCIL AGENDA March 17, 2015 Next Resolution No. 2015-09 Next Ordinance No. 04 (2015) CLOSED SESSION: 6:00 p.m., Room CC -8 Public Comments on Closed Session Agenda 10, 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 CALL TO ORDER: PLEDGE OF ALLEGIANCE INVOCATION: ROLL CALL: APPROVAL OF AGENDA: 6:30 p.m. Mayor Reverend Dr. Jeanne Faveau-Sorvillo, Diamond Bar United Church of Christ Council Members Herrera, Lin, Tanaka, Mayor Pro Tem Lyons, Mayor Tye Mayor 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: None. 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 17, 2015 PAGE 2 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: 3. PUBLIC COMMENTS: "Public Comments" is the time reserved on each regular meeting agenda to provide an opportunity for members of the public to directly address the Council on Consent Calendar items or matters of interest to the public that are not already scheduled for consideration on this agenda. Although the City Council values your comments, pursuant to the Brown Act, the Council generally cannot take any action on items not listed on the posted agenda. Please complete a Speaker's Card and give it to the City Clerk (completion of this form is voluntary). There is a five-minute maximum time limit when addressing the City Council. 4. RESPONSE TO PUBLIC COMMENT: Under the Brown Act, members of the City Council may briefly respond to public comments but no extended discussion and no action on such matters may take place. 5. SCHEDULE OF FUTURE EVENTS: 5.1 Planning Commission Meeting — March 24, 2015 — 7:00 p.m., Windmill Community Room, 21810 Copley Drive. 5.2 State of the City — March 25, 2015 — 6:00 p.m., Diamond Bar Center, 1600 Grand Avenue. 5.3 Parks and Recreation Commission Meeting — March 26, 2015 — 7:00 p.m., Windmill Community Room, 21810 Copley Drive. 5.4 Annual Easter Egg Hunt— April 4, 2015 — 10:00 a.m. — Pantera Park, 738 Pantera Drive. (Pancake Breakfast hosted by Fire Explorers Post 19 beginning at 8:30 a.m.) 5.5 City Council Meeting — April 7, 2015 — 6:30 p.m., AQMD/Government Center, 21865 Copley Drive, 6. CONSENT CALENDAR: 6.1 City Council Minutes: (a) Study Session of March 3, 2015. (b) Regular Meeting of March 3, 2015 Recommended Action: Approve. Requested by: City Clerk MARCH 17, 2015 PAGE 3 6.2 Parks and Recreation Commission Minutes — Minutes of January 22, 2015. Recommended Action: Receive and File. Requested by: Community Services Department 6.3 Ratification of Check Register — Dated February 26, 2015 through March 11, 2015 totaling $1,229,546.00. Recommended Action: Ratify. Requested by: Finance Department 6.4 Award of Contract to ICG, Inc. in the Amount Not -to -Exceed $20,000 for the Design of the Longview Park North Swing Set Expansion and As -Needed Conceptual Design Work and Appropriation of $12,000 from Savings in the Economic Development/Professional Services Account. Recommended Action: Award and Appropriate Funds. Requested by: Community Services Department 6.5 Approval of Contract Amendment No. 3 with Fehr & Peers in the Amount of $18,000 for Professional Services Related to the State Route 57160. Freeway Congestion Relief Strategy. Recommended Action: Approve. Requested by: Public Works Department 6.6 Adopt Resolution No. 2015 -XX: Granting an Easement for Construction, Operation and Maintenance of Southern California Edison Facilities Located on Lot 63 of Tract 72295 Commonly Referred to as Diamond Canyon Park. Recommended Action: Adopt and Authorize. Requested by: Public Works Department 7. PUBLIC HEARINGS: None. MARCH 17, 2015 PAGE 4 COUNCIL CONSIDERATION: 8.1 Approval of Three -Year Agreement with American Cab Co., LLC, DBA Yellow Cab, for Dial -A -Ride (Diamond Ride) Services Beginning July 1, 2015 through June 30, 2018 with an Option for Two One Year Extensions. Recommended Action: Approve. Requested by: City Manager 9. COUNCIL SUB -COMMITTEE REPORTS AND MEETING ATTENDANCE REPORTS/COUNCIL MEMBER COMMENTS: 10. ADJOURNMENT: CITY OF DIAMOND BAR CITY COUNCIL STUDY SESSION MARCH 3, 2015 Agenda No. 6.1(a) STUDY SESSION: M/Tye called the Study Session to order at 6:03 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; Ken Desforges, IS Director; Anthony Santos, Senior Management Analyst; Marsha Roa, Public Information Manager; Cecilia Arellano, Public Information Coordinator; Anthony Jordan, Parks Maintenance Superintendent, and Tommye Cribbins, City Clerk. ► FISCAL YEAR 2015-16 CITY COUNCIL GOALS AND OBJECTIVES — Discussion and Action DCM/McLean reported that tonight staff will present its recommendations for the 2015-16 Fiscal Year City Council Goals and Objectives. Each year as the City begins its budget process Council has an opportunity to consider the goals and objectives that were worked on and some of which were completed during the previous year, in order to set goals for the upcoming fiscal year. DCM/McLean further stated that in his report he has separated the goals from the objectives for the 2014-15 Fiscal Year to highlight staff's recommendations for amendment or removal. Next, Council will look at staff's recommendation for the 2015-16 Fiscal Year Goals and Objectives. During the discussion, Council can discuss items, ask questions and make recommendations for additions or deletions beyond what staff is recommending. FY 2014-2015 City Council Goals & Objectives recommendations: 1. Traffic Mitigation • Advocate for transportation solutions that are equitable in their distribution of goods movement related traffic. a) Secure recognition of the SR60's ongoing status as a component of the state and national freight networks in an effort to secure funding for 57/60 Interchange Improvements. Accomplished and recommend removal from the objective list. • In cooperation with the City's project partners, complete the Lemon Avenue on/off ramp project. MARCH 3, 2015 PAGE 2 CC STUDY SESSION a) Complete right-of-way acquisitions and begin construction. Scheduled for completion prior to June 30, 2015 — Recommend removal from the objective list. • Develop a report to the City Council outlining the ongoing effectiveness of the City's ongoing traffic mitigation programs — Completed by June 30, 2015 — Recommend removal from goals list. 3. Communications a) Complete an update to the City's website, enhancing governmental transparency, access to information, and ease of use for the public — Completed by June 30, 2015 — Recommend removal from objective list. M/Tye asked if when finished the website would actually be more user friendly and accessible. PIM/Roa responded that the main focus of the redesign was to include more direct links on the home page. Staff feels that the amount of direct links has been doubled that will direct users into internal pages. This item refers to the initial redesign; however, overall update of the website is an ongoing effort. 4. Other Items • Preserve Windmill structure via ownership of structure and/or property. Completed in 2015 — Recommend removal from objective list. a) Commence Grand Avenue Beautification Project, using the chosen design as an initial standard plan for the City's streetscapes and entry signage — Completed by June 30, 2015 — Recommend removal from objective list. • Consider options for the development of a fiscally responsible City - administered public aquatics program — Completed - Recommend removal of goal. Staff previously contacted WVUSD about use of the DBHS pool which was built in the past couple of years. At that time the School District was not willing to rent the facility to anyone at the time. This may change in the future; however, the main issue with making this program available to the City is that the facility was not built as a community pool but rather as a competitive style pool. Since it is very deep it will not be open for any type of open swim for kids or seniors. MARCH 3, 2015 PAGE 3 CC STUDY SESSION MPT/Lyons stated that when staff contacted the School District Dr. Taylor had been on the job for a very short time (less than a year) and she wondered if the School District might have changed their opinion and that it might warrant another look before the item is removed. DCM/McLean said staff could do so. M/Tye stated that he doesn't think that the pool meets the needs of what the City would want to program it for such as senior aerobics and kids swimming lessons. DCM/McLean agreed that the pool is very limited in its overall use. There may be a way that there could be some very limited type of instruction but for the most part, programming the pool as would be done for normal City aquatics facility is not going to be possible. MPT/Lyons said it was disappointing that this is how it worked out since taxpayers thought they were getting something different. She has heard from seniors that would still like to be able to use the pool for competitive senior swimming. They used to use the Industry Hills pool which has been closed for a couple of years and the City cannot make the School District share the pool if they do not want to do so but wondered if staff could ask again before the year ends. DCM/McLean said he would contact administrative staff to see if their position has changed and what they might be willing to provide access for, if anything. MPT/Lyons said she agreed it was not ideal for swimming lessons, etc. but she would like to find out if there were any other options. M/Tye said he was not opposed to reaching out again but if staff gets the same information then remove it from the list. MPT/Lyons agreed. C/Herrera suggested to ask them one more time and if they say no, eliminate it from the goals. MPT/Lyons asked staff to report back to the Council about what the School District said. She has had seniors tell her they realize the pool is deep; however they would like to utilize the pool for senior swimming with no small children present. DCM/McLean said the only drawback he sees is that WVUSD will not allow any type of drop in type of swim versus actual programs. MARCH 3, 2015 PAGE 4 CC STUDY SESSION MPT/Lyons said it would not be anything like that, it would have to be a class for which seniors signed up. DCM/McLean asked if MPT/Lyons was referring to an instructional class or something else. MPT/Lyons said she did not know because that would be up to Parks and Recreation. She thinks the first question is will they share the pool. She thinks the City should check one more time since Dr. Taylor was there just a short time when he was asked. C/Tanaka said that unlike the pool at Walnut High School, accessibility to the one at DBHS is a challenge with several steps and slopes, etc. It is not a flat concrete pool. C/Lin asked if the discussion was about using the pool on the weekends. M/Tye said the pool could not be accessed when students were there so times would be very limited to nights and some weekends. MPT/Lyons reiterated she would like to take a look at it one more time. DCM/McLean said if there were no other questions or discussion on the items presented he will move on to the 2015-16 FY recommendations. Proposed Fiscal Year 2015-16 City Council Goals & Objectives: DCM/McLean explained the new format which attempts to identify the overall goal and then the different objectives/tasks that need to be completed during the next year or two to accomplish that goal or move toward the long-term goal. For example, the first item Traffic Mitigation Goal #1 indicates a new goal for FY 15- 16. In reality the 57/60 Confluence project has been separated out from the "Big Fix" because the City, the City of Industry and other partners have separated those two projects where as in the past the goal was referred to as "the 57/60 Big Fix which is a recommended change. Staff has added Objective 1.2 which is to "commence construction of the westbound SR -60 off -ramp and auxiliary lanes to Grand Avenue" as a separate item under Phase II, Traffic Mitigation Goal #2 identifies the 'Big Fix' as a separate goal from the Confluence project. M/Herrera said that with respect to "missing connectors" they are not part of the 57/60 Confluence Project. Diamond Bar keeps talking about it and when we do people get confused about what Diamond Bar is talking about and how much it will cost. It will cost hundreds of millions more which the City is struggling to get MARCH 3, 2015 PAGE 5 CC STUDY SESSION the $200 million funding to fix the remainder of the 57/60 and to add several more hundreds of millions for the missing connectors, is a matter she believes is causing a lot of confusion about the project and she does not know that "missing connectors" has support from local legislators. She knows Diamond Bar's State Senator does not support it and he will not help the cities to lobby to get funding for it. She wondered why the City would continue to spend time and dollars to pursue this when it is a very difficult thing to accomplish by Diamond Bar and it is not part of the big plan that Diamond Bar has marketed nationwide. CM/DeStefano said this involves a lengthy discussion that should be addressed during a study session in the future. If the Council concurs, staff would bring this specific matter back for policy direction and discussion so that the Council can hear in more detail from professional staff as to why staff continues to push this. Staff believes it provides traffic relief, in particular Diamond Bar Boulevard to put in those missing connectors and yes, that component of the project is not supported by our significant partner, the City of Industry but it does not necessarily mean that the City should not pursue this which goes back to the policy direction from the Council that staff has had in the past. If Council wants to change its policy that is fine but there should be discussion in more detail as to what relief staff believes connectors would provide, what timing might be involved, where there might be resources available, etc. To C/Herrera's point about lobbying, staff has tried to be very careful not to confuse the congressman and senators that support Diamond Bar by only talking about the Confluence Project as a deliberate measure because the City of Industry has been Diamond Bar's partner and does not support the connectors. It is not that they are opposed to the connectors. The City of Industry does not see a direct benefit for them which is probably a correct assessment of the situation. However, it benefits Diamond Bar and that is why the City has continued to pursue it. C/Herrera said that at one time the total cost of the project was $800 million and that caused a lot of heartburn when the project was being marketed and there was an effort to "whittle down" the project to where it was more manageable and believes that is the point at which the connectors were left off. She would like for the Council and staff to discuss this matter in depth. MPT/Lyons felt it would be great to have that discussion because it is complex project and there has been no real discussion for a couple of months. C/Lin echoed C/Herrera's comments. Selfishly Diamond Bar would like to have the connectors included but politically and financially, he does not see that the City would be able to get any more money for this for the next 10 or 15 years. The next round of Measure R may include the 57/60 Confluence project but the missing link has never been brought up in any discussion. Council concurred to have an in depth discussion at a future study session. MARCH 3, 2015 PAGE 6 CC STUDY SESSION CM/DeStefano said he would work with PWD/Liu to determine when this matter can be brought back to the City Council for policy direction. Traffic Mitigation Goal #3 Objective 3.1 — Refers to the Lemon Avenue project and because the right-of-way acquisitions should be completed by the next fiscal year the new objective would be to begin construction and complete the project by the estimated date of December 2016. Traffic Mitigation Goal #4 Objective 4.1 — An edit of the previous goal which is to maintain participation in the regional goods movement planning efforts to make sure any new ideas or plans that come down the line from the regional agencies do not over -impact the 57/60 area and the 60 as a freight corridor. Traffic Mitigation Goal #5 Objective 5.1 — The goal will be a new goal to optimize traffic flow on the City's arterial streets. This is kind of an over -arching type goal that will have several objectives in the future. The first objective for this year would be to "implement the adaptive traffic control system." The adaptive traffic control system is a project for which the City was a grant recipient from Metro in the amount of about $1.4 million. This project upgrades the City's traffic signals with new technology, allows for more immediate adjustments to traffic signal timing and optimizes traffic flow based on the conditions of the streets in real time. This is something that will improve the City's traffic control and improve the flow on the streets. This is something that should be coming to fruition in 2015-16. C/Lin asked if $1.4 million was the City's number or a number given to the City by Metro because it seems rather low to him. DCM/McLean said the City was awarded through the "Call For" Projects. PWD/Liu said that the City provides 20 percent local matching funds. CM/DeStefano explained that this was a competitive grant for which the City is getting $1.4 million. M/Tye felt it was interesting because Brian Pennington said this weekend that he was impressed with Diamond Bar because so many things have been identified and it makes it easier for them to step up to Diamond Bar. PWD/Liu said that Diamond Bar has a good track record. MARCH 3, 2015 PAGE 7 CC STUDY SESSION Section 2: Financial Responsibility/Economic Development DCM/McLean said that the edits for this section include a new goal under Goal #2 which is to "Stimulate growth in the local economy by attracting new businesses and jobs to Diamond Bar" which is also an over -arching type goal that will incorporate objectives the City Council may have seen in the past on the Goals & Objectives. 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. M/Tye suggested that the property should no longer be called the "K -Mart" property. That way those people who have seen the property and said they were not interested would not be so quick to judge because of its stigma. People might be interested if the City had an overall uplifting format. CM/DeStefano said that he is meeting with the property owner and hotel developer tomorrow and will discuss that issue. He would like for people to acquire a different mindset about the property that it is new and exciting for Diamond Bar. Goal #3 - Implement the plan to address the long-term financial sustainability of the City's Lighting and Landscape Assessment Districts (LLADs). This goal is based on the direction that City Council gave staff during the January Study Session to accept the plan that was presented to the City Council and begin the implementation process. The implementation process makes up two objectives. Objective 3.1 - "Complete implementation of updates to adjust annual assessments in District 39". Objective 3.2 - "Begin discussions with the five homeowners' associations in LLAD #41 to return maintenance responsibilities to the property owners." These are the two main pieces of the plan that the Council directed staff to begin planning back in January and this will give staff clear direction to continue with those mandates moving forward. Section 3: Communications Objective 1.1 - Follows the goal to provide a variety of opportunities for public interaction and participation. Staff is recommending that the first objective be to "Maintain a wide variety and expand upon existing public outreach methods, including print media (DB Connection/Envirolink), e -newsletter subscriptions, DBTV/website/YouTube channel video products, and restaurant guide." MARCH 3, 2015 PAGE 8 CC STUDY SESSION Section 4: General Items The first change is under Objective 2.1 which relates back to incorporating a standard design element with a unifying theme. 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." Now that the City has the general guidelines and the look and feel it is trying to create at other arterial locations and entry points in the City, staff and Council should begin to develop a plan on how to incorporate those features at other locations. M/Tye asked if the "quiet zone" should be eliminated. CM/DeStefano said until the City knows staff would recommend it stay on the list. M/Tye said his question is why bother with it because he understands from Walnut residents that it is not such a quiet zone. CM/DeStefano said it has its advantages but every stop along the way has to be covered by a "quiet zone" improvement. Otherwise, one still hears the train noise, etc. He is sure that he hears traffic on Lemon Avenue at his house but he does not hear the same from Brea Canyon and Nogales at Valley anymore. M/Tye said his question was if it takes a million to establish a quiet zone, should Diamond Bar just do it or is it something the City throws against the wall hoping it can get Industry to pay for it. MPT/Lyons said City of Industry said they would pay for it with the stadium. M/Tye agreed but his two point question is, if the stadium does not happen, does Diamond Bar still want to do the "Quiet Zone." CM/DeStefano said that is the broader policy question for the City Council. C/Herrera asked where the City would get a million dollars. CM/DeStefano said that is the broader policy question in terms of whether the Council wishes to pursue it regardless of who is paying for it. It is the only one Diamond Bar has in the City. Since Brea Canyon has the underpass there are no horns there. Temple Avenue will eventually have the same thing so it is the only one in the City and the only one in Walnut is behind Kohl's. Believe it or not, there is a private crossing that still requires the blasting of the horns. Other than that, in this general area the horns are no longer blasting. This is a broader policy issue. It is not necessarily who pays for it, it is just whether or not the Council wishes to do it. C/Lin asked if planning issues are typically included in the Goals and Objectives such as updating the General Plan, etc. MARCH 3, 2015 PAGE 9 CC STUDY SESSION CM/DeStefano responded that such issues can be included. C/Lin asked if the City was going to update its General Plan this year. CM/DeStefano said it would not happen that quickly but it will be started this calendar year. C/Herrera stated that only certain portions of the General Plan are periodically required to be updated; however, updating all components is up to the City and Diamond Bar's has been in effect since 1995 so it is time. CM/DeStefano said that staff is planning to work on it this year and it will take two or three years to complete. Money was set aside in last year's budget for it and depending on how things shake out staff may ask Council for more money because the cost is more than what was set aside. It could be on the Goals & Objectives list and staff can work on a statement for the Council's consideration. C/Herrera said she felt it should be stated. MPT/Lyons asked if it would be stated that it would be started and finished within three years or something like that. CM/DeStefano said that staff would come up with appropriate language. The EIR will take a year. MPT/Lyons asked if something should be added to the list about working with PUSD to get Lorbeer Field in better shape and possibly adding lights to the upper field for more flexibility. The field was bad for the 4th of July Celebration and the field is just as bad now and she knows it gets too much use. M/Tye said he did not believe that the City needed to work with PUSD because the City cares for it like a park. CM/DeStefano said that the City does treat it like a park but the City does not own it. M/Tye said but the City does not need PUSD's permission to go in and make repairs. The response by everyone was yes, the City does need permission. M/Tye asked how that happens. MPT/Lyons said it is their (PUSD) property. CM/DeStefano said PUSD would happily accept the City's significant improvement to their property for their benefit as well as the general public's benefit. Staff is working on that and it will happen this calendar year. In terms of looking at the upper field for MARCH 3, 2015 PAGE 10 CC STUDY SESSION improvements with or without lights, looking at the lower field for improvements, many have talked about artificial turf off and on over the years and if the Council concurs staff could craft a more specific goal but fundamentally, it would be the effect of working with the PUSD to develop a plan to improve the fields on the Lorbeer property and come back to the Council with what that meant with respect to dollars and timing. There is a component in the NFL Stadium agreement that generates a million dollars to Diamond Bar for use on Lorbeer. C/Herrera said there was an agreement for annual money to be used for the City's recreational programs. CM/DeStefano responded that in fact, that annual money is designated for "Community Services". C/Herrera thought that meant for programs. CM/DeStefano said "not the way Jim negotiated it." C/Herrera asked if CM/DeStefano intended to pave the City's roadways with the money. CM/DeStefano responded that the City can do anything it wants with that money. The issue with Lorbeer Middle School is similar to the "Quiet Zone." It is a policy issue and does the Council wish to look at improving those fields regardless of who might be paying for it. Staff will come up with language and see if Council concurs. M/Tye felt it was worth pursuing and did not want it to be limited to PUSD. What about South Point or Chaparral or others. CM/DeStefano said those are listed in the Parks Master Plan and through that policy staff has direction to work on those but they were a "second tier' priority after other projects were completed. CM/DeStefano said there are other things to consider that are in that hopper at this time. M/Tye said he would like for the City to replace a tree when a tree goes down. If there is an accident involving a tree the City should pursue the party's insurance company for a tree replacement fee. He believes Crepe Myrtles are beautiful but understands why people complain about them. He was driving eastbound on Golden Springs and saw a monstrous stump in a tree well which he felt should be removed. The tree is gone but there is a stump in a tree well. People can drive Brea Canyon cutoff from Pathfinder Road to the SR57 and see pathetic trees within in the City's boundaries. They are sticks. They are not irrigated and, the City is paying for them and not getting a benefit. MPT/Lyons asked if they were part of the LLAD. PWD/Liu responded "No." MARCH 3, 2015 PAGE 11 CC STUDY SESSION M/Tye said this holds true in the medians. The trees look dead and should not be there. They should be pulled out and something should be planted in their place. He would like for the City to pay attention to this issue. CM/DeStefano said that staff has good direction from the City Council and will be bringing this back to the City Council for adoption at which time the Council can add or modify the document. It is important to get the goals moving forward so that dollars can be attached to some of those goals and those amounts can be built into the budget as that matter is brought before the Council. PUBLIC COMMENTS: None Offered. ADJOURNMENT: With no further business to come before the City Council, M/Tye adjourned the Study Session at 6:35 p.m. TOMMYE CRIBBINS, City Clerk The foregoing minutes are hereby approved this day of STEVE TYE, Mayor 2015. Agenda No. 6.1(b) MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR MARCH 3, 2015 Dn CLOSED SESSION: 5:30 p.m., Room CC -8 ► 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 ► 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: 6:03 p.m. — Room CC -8 No, Fiscal Year 2015-16 City Council Goals and Objectives — Discussion and Action Public Comments: None Recess: Study Session recessed to Regular City Meeting at 6:35 p.m. CALL TO ORDER: Mayor Tye called the Regular City Council Meeting to order at 6:40 p.m. in the South Coast Air Quality Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar, CA. CA/DeBerry stated that No reportable action was taken during tonight's Closed Session. PLEDGE OF ALLEGIANCE: Mayor Pro Tem Lyons led the Pledge of Allegiance. MARCH 3, 2015 PAGE 2 CITY COUNCIL INVOCATION: Pastor Ab Kastl, Diamond Canyon Christian Church, gave the invocation. ROLL CALL: Council Members Herrera, Lin, Tanaka, Mayor Pro Tem Lyons, and Mayor Tye. Staff Present: James DeStefano, City Manager; David DeBerry, City Attorney; Ryan McLean, Deputy City Manager; Ken Desforges, IS Director; 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 Jordan, Superintendent of Parks; Anthony Santos, Senior Management Analyst; Sterling Mosley, Associate Engineer, and Tommye Cribbins, City Clerk. APPROVAL OF AGENDA: As Presented. 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: None. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: None. 3. PUBLIC COMMENTS: Daniel Luevanos, City Ambassador from One Legacy and Donate Life, stated that the national number of patients waiting for the gift of life is over 123,000 men, women and children. Over 22,000 reside in California. Sadly, about 21 individuals are lost daily and every nine minutes a potential recipient is added to the list. One Legacy has partnered with the Red Cross and the Department of Motor Vehicles to encourage people to register on the State's donor registry to become donors. One Legacy would like for the City of Diamond Bar to renew its proclamation for Donor Awareness Month in April. One donor can enhance the life of 60 individuals through eye, organ and tissue donation. One Legacy will hold its 5k -1k run/walk at Cal State Fullerton on April 25, 2015. He presented Council and anyone from the City who wishes to attend, with an invitation to participate from the Mayor of Fullerton. Jeff Deutsch, 1922 Chestnut Creek Road, said he attended last week's Planning Commission meeting in order to express concerns about a remodel and expansion proposal of the house located at 1928 Chestnut Creek Road because he believes the proposed project would result in a house that violates existing guidelines related to consistency in size and style with neighboring dwellings. He further stated he believed the hearing was held in violation of the Brown Act. He and his neighbors are planning to appeal the project but were outraged when informed by the City Planning Department that filing an appeal would cost in excess of $700. He asked the Council to waive the fee and to allow residents to file an appeal within the 10 -day period specified by City Code. In his opinion the meeting was not properly conducted, community standards are being violated by MARCH 3, 2015 PAGE 3 CITY COUNCIL the developer and neighbors are seriously discussing whether this needs to be discussed with legal counsel. Pui-Ching Ho, Diamond Bar Librarian, spoke about upcoming library events. On Wednesday, March 11 at 4:00 p.m. children ages 6 to 11 are invited to a Magic Workshop with Tony Daniels. On Tuesday, March 17, at 3:30 p.m. teens aged 12 and older are invited to attend the Teen Wearable Electronics workshop to create LED bracelets using powered electronic circuits. On Wednesday, March 25 at 1:00 p.m. there will be a Hoopla Demonstration for those who have iPads or iPhones. Denise Macedo stated that when she goes jogging with her two boys in the stroller on Diamond Bar Boulevard at Shadow Canyon there is an electrical pole that prevents her from running safely on that portion of the sidewalk and that she ends up having to run on the street which is very busy. She asked the City to consider moving the pole off of the sidewalk area. Ms. Macedo also advised the Council that with the construction work on Diamond Bar Boulevard at Grand Avenue there is a green fence with tarps on it and that drivers do not stop for pedestrians. Ms. Macedo's son also said that he did not want to be run over because he did not want to turn into a kite (be flattened like a kite). She posted a private message on Facebook to the City's face page and someone replied back the same day stating they would talk to SCE to see if the matter could be resolved. Allen Wilson expressed his appreciation to the Planning Department staff for answering his inquiry regarding two public notices that had been before the Planning Commission and following through with his suggestion to insert proposed project development notice of hearings on e -subscriptions so that the public could be notified prior to the development project hearings in case they wanted to attend. He also recommended that instead of having to visit the library or city hall, notices be placed on e -subscription by the Parks and Recreation Commission and the Traffic and Transportation Commission so that residents can be aware of items being considered by those Commissions as well. Chia-Teng, resident of Diamond Bar and "The Country Estates" spoke to Council about the Millennium issue. He referred to a February 26 article in the Chinese Newspaper where M/Tye said some homeowners that were against the Millennium project were influenced by misleading information and he wanted to know what misleading information M/Tye was referring to. Homeowners are concerned that they may have to share the maintenance cost of the drainage system for the Millennium project. He said that M/Tye said that the entire cost would be the responsibility of the developer. He stated that he has followed the Millennium issue for awhile and is not aware of any such agreement for the developer to carry all of the future maintenance costs. So if the City knows that such an agreement exists please let the homeowners know. M/Tye said in the article that it is not true that a public trail will go through "The Country Estates" and the truth is that the public trail will go through the Millennium community and MARCH 3, 2015 PAGE 4 CITY COUNCIL Millennium will be part of "The Country Estates" or it will have three accesses to "The Country Estates." To many homeowners this is equivalent to having the public trail go through "The Country Estates." He again quoted M/Tye as saying that "The Country Estates" future annexation with Millennium is baseless and annexation should be decided by "The Country Estates" homeowners. He pulled City Council Resolution No. 2006-15 and on Page 27, number 4 it reads that "prior to the final map recordation or prior to grading permit issue, whichever comes first, the applicant (Millennium) shall negotiate to annex into "The Country Estates" Homeowners Association. From the context of this resolution he believes that "shall" means "must" or that it is "mandatory" and it is not optional because every other sentence contains "shall." So if Millennium "must" annex into "The Country Estates" and there was an annexation agreement in 2007 but it is practically in default and this is in essence what M/Tye said in the article. Millennium is now seeking to rectify this annexation agreement; however, they chose to file a malicious lawsuit against 890 plus homeowners of "The Country Estates." The City should stop pushing these bad neighbors upon the 890 plus homeowners and voters. Residents have had enough. Kurt Nelson, speaking on behalf of Millennium Diamond Road Partners, LLC, said he was glad for the opportunity to immediately respond to the previous speaker. First, as Mr. Nelson has previously stated on more than one occasion, as far as the cost of the Millennium's development drainage system/sewer system and the entire infrastructure, just as was with the case with his previous company, JCC Homes/Crystal Ridge Estates and Windmill projects, the cost of the infrastructure installation is bourne by the developer. The cost of the maintenance of that infrastructure in the event there is not an annexation (to "The Country Estates") will be bourne by the homeowners through the assessments of the Millennium's Homeowners Association just as was the case with Crystal Ridge and Windmill Estates Associations. In the event there is one day an annexation (to "The Country Estates") he would expect and agree that any dollar amount of maintenance of these systems that was not covered by the payment of full Diamond Bar Country Estates' dues, would have to be bourne by a separate cost center, a separate supplementary assessment of the homeowners which is all that would be fair. Again, and again and again, this misinformation — and that's what it is, is disseminated because for whatever reason this project has become a political platform in a struggle for the Board of Directors control of the Diamond Bar Country Estates. With respect to the issue of annexation, the gentleman read a portion of a condition which is that "Millennium must negotiate for annexation." Back in 1992 and again in 1996 and again several years later his previous company that developed Crystal Ridge had to negotiate but did not have to annex. There is a difference and the speaker either misunderstands or chooses to misunderstand that a requirement, a condition of approval to negotiate is not a condition of approval to annex. Millennium cannot be forced to annex and of course, "The Country Estates" cannot be forced to annex Millennium. If the speaker had read further in that condition it said "shall negotiate" and the very next sentence says "if the project is annexed, then it shall be subject to full assessments, covenants, conditions and restrictions." Finally, MARCH 3. 2015 PAGE 5 CITY COUNCIL again and again he has heard and read in campaign literature disseminated during the recall and more recently in the election and again tonight, that Millennium is "bullying" and that Millennium filed a malicious, vicious lawsuit. The lawsuit was filed as a direct result of the owners of the property and, he believes, the City's own consultants assigned to monitor Millennium's fulfillment of conditions being denied access to Millennium's own property until Millennium acquiesced to a certain price for annexation. He does not care for litigation, he is a developer. But this is not a malicious lawsuit and he will not go into any further detail at this Council Meeting. He said he would really like to speak directly with the gentleman who spoke and again provided his personal cell phone number (714) 272-1610 and he asked the speaker to please call him to set up a meeting at the Millennium office in Diamond Bar and to invite any other homeowners of "The Country Estates" who have real questions. If he is unable to answer a specific question he will say so and find the answers. He has made this offer same offer to "The Country Estates" homeowners since last October and he has yet to receive one call. 4. RESPONSE TO PUBLIC COMMENTS: M/Tye asked CM/DeStefano to address Mr. Deutsch regarding his question and Mrs. Macedo's concerns relative to the Edison pole at Diamond Bar and Grand Avenue. CM/DeStefano stated that Mr. Deutsch was referring to a Planning Commission action that took place last Tuesday night at the Commission's regular meeting during which a public hearing was held to consider an addition to a home immediately adjacent to Mr. Deutsch's home. The Planning Commission approved the project by a 4-1 vote. The City Code allows for an appeal process that specifies that an application for appeal be submitted 10 days from the date of the Planning Commission's action and a fee for an appeal which is designed to partially offset the costs of the preparation of the legal responsibilities, legal ad, staff's report, etc. as that matter is on its way forward, in this case, to the City Council. The fee is only a partial coverage for those costs. There are other costs involved in such an appeal/hearing process which is the foundation for the fee. Mr. Deutsch's request is not a matter for the City Council's agenda this evening which makes it very challenging. The City Attorney will likely weigh in with additional commentary on this issue. CA/DeBerry stated that absent specific language in the resolution which Council adopted setting forth the fees, the Council would not have the authority to waive fees unless the Resolution was amended to provide that authority to the City Council. He is not aware of any waiver of the fees criteria in the resolution itself. Also note that if the applicant's application was denied, the applicant would be responsible for paying the same fees if the applicant wanted to appeal the decision to the City Council. The second matter is because it is not on the City Council's agenda this evening the City Council could not take action tonight to waive the fees. In any event, by the time the City Council meets again the 10- MARCH 3, 2015 PAGE 6 CITY COUNCIL day appeal period will have passed so taking action at that time would not serve any purpose. CM/DeStefano further stated that the speaker needs to make a determination as to how he and his neighbors may wish to proceed but clearly, the deadline of this Friday is quickly approaching which is the end of the 10 -day appeal period and to preserve their options, they need to make a decision as to what they want to do at this point. MPT/Lyons asked CM/DeStefano to describe how the appeal process works. CM/DeStefano said it would work exactly the same as the Planning Commission's process. There would be an application to consider an appeal by either the applicant or an area resident, in this case an adjacent property owner, who feels that the decision was not appropriate. The application is filed, the fee is paid and City staff sets the matter with the City Clerk and City Council for a hearing roughly 30-45 days away from the date the appeal was filed. Staff prepares legal advertisements which would look very similar to the Planning Commission advertisements, a new legal posting on the property would take place, notices would be sent to the area property owners just like the Planning Commission meeting. Staff would prepare a report utilizing the foundation in this case of the Planning Commission's report and bundle the entire matter together for the City Council to conduct a public hearing where testimony would be received by the appellant (aggrieved adjacent property owner or applicant), other speakers would be invited to participate, the public hearing would be closed and the City Council would render its decision to either affirm the action of the Planning Commission, overturn the action of the Planning Commission, send the matter to staff for further study and report back to the City Council or possibly send the matter back to the Planning Commission. Fundamentally, it is very similar to the Planning Commission's action. It is considered a "de novo" hearing because it is considered a brand new hearing on the matter because the appeal itself would have stayed the action of the Planning Commission subject to the City Council making a final ruling. M/Tye asked that relative to Mr. Deutsch's concerns about the way the matter was handled is there any consideration or weight given to that. CA/DeBerry responded that if there is a concern with the way the matter was handled it should be stated in the applicant's appeal. So what the City Council would do then is to address that particular issue. With the application, the individual(s) is required to submit the reasons for the appeal and if the filer believes there was some violation of due process or the like, it would be addressed by the City Council and essentially be rectified by the fact that it is being heard by the City Council. CM/DeStefano responded to Mrs. Macedo's reference to the electrical pole near Shadow Canyon at Diamond Bar Boulevard near "The Country Estates" main MARCH 3, 2015 PAGE 7 CITY COUNCIL entry gate. She referenced there was a posting made to the City's website. Staff will look at the pole and if it is determined that the pole needs to be moved staff will work with Edison, the utility provider, to have it moved. With respect to the intersection of Diamond Bar Boulevard and Grand Avenue, the project Edison is engaged in is replacing a vault. That work is almost done but staff will go to the site to ensure that there is clear passage where there needs to be for pedestrians and runners as well as work with the Sheriff's Department to ensure that deputies are out spot checking to make sure that traffic laws are being adhered to with respect to pedestrians. M/Tye asked staff to verify his comments to the Chinese newspaper that "because of Millennium, will there be new trail access." CM/DeStefano explained that the Millennium project is in an area of "The Country Estates" commonly known as the back of "The Country Estates." Earlier, Mr. Nelson spoke to his prior companies' development of several homes in that area. Those projects, of which there are five or six that have been developed over the past 26 years, all have an equestrian trail through their property and many of the parts of that trail are technically now within "The Country Estates." The Millennium project is the last piece of the undeveloped areas in that back country area and the trail, like the others, is planned to come onto the Millennium property, which would mean that it would be part of the future Millennium Homeowners Association or, if they are successful in annexing, would become a part of "The Country Estates" Homeowners Association. Some residents in September 2014 expressed concerns about the route the trail was proposed to take within the Millennium property and that route was sketched back in 2006. One of the responses from City staff was that Diamond Bar would work with the County of Los Angeles who actually operates that trail system in that area, to seek a different routing that may have made a bit more sense and may have relieved some of the residents in the area of some of their concerns. That is an ongoing process that has been done. There has been work between the County of Los Angeles and City staff and now it is a matter for the inclusion of "The Country Estates" Homeowners Association as well as, the Millennium Developer, with respect to the route that has been redrafted for that area. So this continues to be a work in progress. Again, almost the entirety of that trail is on either now Diamond Bar Country Estates Association Homeowner property or on Millennium property so it is not a new component to any of those projects to have this public trail within the associations' areas. M/Tye said it would be a misrepresentation to say that as a result of Millennium, this trail is being included in "The Country Estates" when it is already there. And to his conversation with CSD/Rose, there is no additional access as a result of the Millennium project as it is proposed. CSD/Rose said that M/Tye was correct. This is an existing trail easement owned by LA County. MARCH 3, 2015 PAGE 8 5. SCHEDULE OF FUTURE EVENTS: CITY COUNCIL 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., SCAQMD/Government Center, 21865 Copley Drive. 6. CONSENT CALENDAR: MPT/Lyons moved, C/Herrera seconded, to approve the Consent Calendar as presented. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Herrera, Lin, Tanaka, MPT/Lyons, M/Tye NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 6.1 APPROVED CITY COUNCIL MINUTES 6.1.1 Study Session of February 17, 2015 — as presented 6.1.2 Regular Meeting of February 17, 2015 — as presented. 6.2 RECEIVED AND FILED PLANNING COMMISSION MINUTES - Regular Meeting of December 9, 2014. 6.3 RATIFIED CHECK REGISTER — Dated February 12, 2015 through February 25, 2015 totaling $716,891.89 6.4 APPROVED TREASURER'S STATEMENT — Month of January 2015. 7. PUBLIC HEARINGS: None 8. COUNCIL CONSIDERATION: 8.1 CITY COUNCIL REAPPOINTMENT OF COMMISSIONERS BY COUNCIL MEMBER LIN. CM/DeStefano stated that City Council Member Jimmy Lin was appointed to serve the remaining term of the vacated seat as a result of former Council Member Ling -Ling Chang's election to the State Assembly. C/Lin was placed on the City Council on January 5. In accordance with the City's Code, C/Lin has 90 days to determine whether or not he wishes for his appointees to remain within their position. At the 91St day, those seats would automatically become vacant unless C/Lin made the decision to request reappointment. Over the course of the last few weeks C/Lin has MARCH 3, 2015 PAGE 9 CITY COUNCIL taken the opportunity to look at his current appointees to the Planning, Traffic and Transportation and Parks and Recreation Commissions, has consulted with City staff and has informed City staff that it is his desire to have his colleagues on the City Council appoint these commissioners for the remainder of their term which would expire in February 2016. Staff has provided a report to Council which may wish to receive additional comments from C/Lin and upon conclusion, ratify C/tin's recommendation and confirm the appointments. C/Lin stated that he had the opportunity to visit with Planning Commissioner Peter Pirritano, Traffic and Transportation Commissioner Ted Carrera and Parks and Recreation Commissioner Kim Hsieh. All three expressed interest in continuing to serve the City in their current capacities. He knows their capabilities and enthusiasm for serving on their Commissions and his recommendation is that all three be confirmed for appointment for the remainder of their terms to expire in February 2016. C/Lin moved, C/Herrera seconded to ratify the reappointment of C/tin's three Commissioners: Peter Pirritano, Planning Commission; Ted Carrera, Traffic and Transportation Commissioner and Kim Hsieh, Parks and Recreation Commission. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Herrera, Lin, Tanaka, MPT/Lyons, M/Tye NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 8.2 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. 2015-09: 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. CM/DeStefano stated that that action before the City Council is regarding the Morning Canyon Rehabilitation Project. He then turned it over to both CSD/Rose and PWD/Liu for staffs presentation. MARCH 3, 2015 PAGE 10 CITY COUNCIL CSD/Rose and PWD/Liu presented a Power Point presentation outlining the proposed project. CSD/Rose stated that this is the Morning Canyon Street Rehabilitation Project and its effect on the 16 Italian Stone Pine trees on Morning Canyon. The project area along Morning Canyon Road between Diamond Bar Boulevard and Stonepine Drive is just over 1000 feet long. The project includes rehabilitation of the street, some sidewalk repair, curb and gutter repair, repair to the two catch basins as well as, tree removal and replacement. The total budgeted in the adopted 2014-15 FY Budget is $300,000. There are 16 Italian Stone Pine trees that require removal. The City of Diamond Bar owns and maintains an urban forest of almost 14,000 trees which have an estimated value of over $38 million. Diamond Bar has earned a designation of Tree City USA for the past 14 years which staff believes demonstrates a commitment for the City to meet national standards required for this designation. CSD/Rose explained that the reason the trees need to be removed is due to the damage to the street and sidewalk. The tree roots are causing damage to both areas. Staff believes that these trees have outgrown their limited growing space and have become the wrong tree in the wrong location. The damage results from tree roots and knuckles that grow as a part of the tree root. One characteristic of the Italian Stone Pine is that when the roots come up from the ground and meet up with the hardscape (concrete or asphalt) it creates a type of "callous" on the root that is designed to protect the root but keeps growing and acts as a hydraulic lift under the concrete and asphalt. CSD/Rose provided a slide presentation of the driveway rehabilitation project at a home in Diamond Bar showing how the roots of an Italian Stone Pine grew under the driveway and damaged the driveway. When the concrete driveway was removed it revealed the roots of the tree had a giant knuckle that eventually lifted the driveway. On Morning Canyon cracks have developed in the roadway following repair work that was done in September 2013. When one drives the street one can feel the car go up and down over the raised sections that have been pushed up by the knuckles. The issue with the street is not only the raising of the asphalt but that the cracks allow rainwater to seep into the base under the street and weaken the base which can lead to "alligatoring" of the pavement surface, dips in the roadway and ultimately, dangerous potholes. In 2004 a technique which had been used to save these trees was used. In the process, the sidewalk was removed to allow for pruning and shaving of the roots after which the replacement sidewalk was poured. The space between the edge of the sidewalk and the tree roots is where the wood forms were placed in order to pour the concrete. This repair work cost the City about $100,000 and included repair to sections of the street, panels of the sidewalk and sections of the curb and gutter. In September 2013 MARCH 3, 2015 PAGE 11 CITY COUNCIL repairs included root pruning and root shaving and about $10,000 was spent to repair sections of the street and grind some of the sidewalk panels. CSD/Rose said the question at hand is whether the trees can be saved at this point. The sidewalks need to be ADA Accessible and Health and Safety issues with the street and sidewalk must be resolved. Root pruning, root shaving and root crown shaving would be necessary to repair the sidewalks and streets. However, according to the City's arborist, West Coast Arborist, any further removal of roots could result in the ultimate failure of the trees. The Arborist stated that "based on the current health and condition of the trees if all repairs are made as the original design every one of the pines would need to be removed due to the excessive loss of root support leading to compromised stability and high probability of failure." When staff realized that these trees could very likely be removed there was an obligation for the City to be transparent and notify the residents that live in the area that removal and replacement could be a possible outcome. As such, a public meeting was held on Wednesday, February 11. Staff mailed notification letters to about 140 addresses that are either on or immediately adjacent to Morning Canyon Road. In addition, signs were posted on each of the 16 trees. Nineteen members of the public attended the meeting and unanimously expressed interest in developing options to save as many of the trees as possible. Attendees also requested a second opinion from a different arborist so staff contracted with Atlas Environmental Services and Master Arborist Ron Matranga provided a report. Both arborists' reports were used by staff to develop options that will be presented to the City Council this evening. CSD/Rose stated that before any options can be considered there are certain constraints that have to be taken into consideration. Adjacent to the church on Morning Canyon there is a slope from the sidewalk down to the Church parking lot and any movement of the sidewalk in that direction would require a retaining wall which would add significant cost to the project. Near the condominiums up Morning Canyon from the Church there is a retaining wall between the sidewalk and the condos to the left of the retaining wall which prohibits movement of the sidewalk in that direction. Also at the point of the condos there are access stairs from the existing sidewalk up to the condos and that access would have to be maintained for the residents to be able to access their units. Adjacent to the condos is on street parking which is a premium for the condo owners and when the options are presented to Council this evening one option may be to eliminate the street parking along the condominium frontage. PWD/Liu stated that staff has been considering three options at length. MARCH 3, 2015 PAGE 12 CITY COUNCIL Option 1 - Proceed with staff's recommendation to completely restore the roadway to good condition which would include the removal of all 16 trees, replacement of the trees, reconstruction of the catch basin closest to Diamond Bar Boulevard, replacement of the sidewalk, curb, gutter and complete rehab of the roadway as designed. This option can be completed in two months. If this option is implemented, the City will eliminate the ongoing maintenance of the roadway, have a restored surface of roadway with a surface life of at least 20 years or longer, and be able to reduce the liability of the City related to the damage caused by these trees. Option 1 comes in at a cost of about $300,000. Option 2 - Perform the "minimum urgent maintenance repairs of the project areas" based on the existing conditions. This option will completely eliminate the sidewalk along the south side of Morning Canyon Road between Diamond Bar Boulevard and Presado Drive thereby eliminating any pedestrian path of travel on that side of the roadway. By removing the sidewalk on the south side of the street the curb ramp at the corner of Presado and Morning Canyon would need to be modified and a crosswalk at this intersection would need to be considered and installed. Due to their current condition, three trees would be required to be removed between Presado Drive and Stonepine Drive and the associated sidewalks would need to be reconstructed. The catch basin closest to Diamond Bar Boulevard will need to be reconstructed. This option can be completed in two months with a CIP budget of $30,000 which does not include the cost of removing the three trees. CSD/Rose has a line item budget for FY 2014-15 to remove the trees at about $1,000 per tree. M/Tye asked how much it would cost to reconstruct a catch basin. It appears from the three options and related costs that everything but the catch basin can be done for $30,000 plus removal of the trees. PWD/Liu said that M/Tye was correct. Staff has detailed numbers for each of the improvements. With Option 2 no asphalt pavement work will be performed as this will be a "wait and see" approach so ongoing maintenance of the roadway would need to be factored into the equation since the tree roots would continue to grow and uplift the roadway. The surface life of the roadway is unknown and the City will have ongoing liability exposure due to its condition. Option 3 - Widen the parkway eight (8) feet from its current location and reduce the roadway width along Morning Canyon between Diamond Bar Boulevard and Stonepine Drive. This parkway extension would reduce the existing curb to curb width from 40 feet to 32 feet which will result in the elimination of street parking from Diamond Bar Boulevard to Stonepine Drive on the south side of the roadway. Five trees would still be scheduled for removal with this option. Two catch basins would need to be reconstructed and two new catch basins will need to be constructed in MARCH 3, 2015 PAGE 13 CITY COUNCIL order to accommodate the new drainage flow related to this option. Option 3 will require six months to be completed as redesign of the project would be required and the project will have to be rebid for construction. The total project budget associated with Option 3 is estimated at $375,000. Under this option a limited amount of asphalt pavement work will be done. Ongoing maintenance of the roadway can still be expected as the tree roots will continue to grow and uplift the sidewalk as well as the roadway. The service life of the roadway is unknown and the City will have ongoing liability exposure. Five trees will have to be removed as part of this option. Highlighting some of the concerns it is 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 or popped up, the Arborist will need to evaluate root systems of each of the trees. As previously mentioned by CSD/Rose under Option 3 the loss of parking could be a major concern to the condominium residents. With both Options 2 and 3 damages to Morning Canyon Drive will continue; therefore, potential liability risk will be ever present for the City. For Council's consideration tonight staff recommends the following actions based on the three options: Under Option 1, staff's recommendation is for Council to appropriate funds as requested, Adopt the Resolution approving the plans and specs, reject the lowest bidder CEM Construction and award a construction contract to All American Asphalt in the amount of $214,841 with a contingency amount of $16,113. Under Option 2, Council will reject all bids and direct staff to carry out the maintenance activities as defined. Under Option 3, Council will reject bids and direct staff to redesign the project per the conceptual plan presented this evening by widening the parkway into the existing roadway width by eight (8) feet. M/Tye referred to Slide #6 and asked if it was possible that if Council decided to go with Option #3 the City could strip the sidewalk, strip the pavement and move the parkway and find that there are more knuckles. CSD/Rose responded yes and usually they can be removed as part of the repair work. M/Tye asked what CSD/Rose meant by tree "fail or failure". CSD/Rose responded that if the roots are cut too close to the trunk of the tree and there is a windy day or microburst these trees will fall over. M/Tye said so in essence, CSD/Rose is saying he is not talking about having a result wherein the City would watch the tree wither because it was not treated properly, he is talking about fundamentally compromising MARCH 3, 2015 PAGE 14 CITY COUNCIL the stability of the tree. CSD/Rose responded that M/Tye's statement was true if the roots are cut too close to the trunk of the tree. M/Tye asked PWD/Liu about the ongoing liability exposure. He said he loved the zealousness of the people who attended the public outreach meeting and believed they went away from the meeting believing the City would consider options that would result in not removing all of the trees. For example, when staff spoke about removing the sidewalk one individual asked if the sidewalk could be raised. So obviously, there is a lot of thinking going on because folks want to do what they can to save these trees. In M/Tye's opinion and he is not just speaking for himself, the liability exposure is unacceptable because Diamond Bar is part of the JPIA. He asked CSD/Rose to share the JPIA's role in this process and what their attitude would be if the City knew it had exposure and did nothing about it. CA/DeBerry explained that the way the JPIA works is they do risk assessments of each agency every year. Typically, the premiums the City pays will be based on history of payments and also on the amount of risk. So typically what would happen, just the same as with personal insurance if you get in an accident and there is a large insurance payout, the next thing one sees is an increase in their premium, which would essentially be the net effect for the City as well. C/Herrera said she was concerned if the City did nothing or did a minimum amount of repairs or did a minimum of tree removal and continued to have root damage to the sidewalk and to the street because there are streets in the City where there is unevenness in the asphalt and people have sued the City because the bumps are too rough and people suffer back injuries which are debilitating, what would the continuing amount of dollars be for the City to continue to try and save these trees irrespective of the fact that they may fall over at any time. For the past 11 years the City has been shaving and cutting back at the root. Those trees are huge and if they fall over as a car is driving by it could be catastrophic. What would the continuing cost to the City be if the City tried to continue to save them with the sidewalk repair, the curb and gutter and asphalt repair on an annual basis? PWD/Liu stated that the last time staff visited the area was in September 2013 and that at that time some localized removal and replacement work had been done. Staff looked at the street pavement and the sidewalk areas. Staff spent $10-$15,000 and at that time staff was focusing on the worst case areas. As evidenced by the current conditions, the conditions will continue to get worse. To answer the question, if Council were to consider moving forward under the minimum urgent maintenance scenario MARCH 3, 2015 PAGE 15 CITY COUNCIL on an annual basis without looking at the cost for CSD/Rose's department doing something with the trees, the Public Works sidewalk and asphalt repair would likely cost $20,000 per year. MPT/Lyons asked PWD/Liu to verify that the City had two separate Arborists from two different companies review this matter which he did. The suggestion for moving the sidewalks up (raising them) was a workable solution and if not, why not. PWD/Liu said it Was a matter of topography. Looking just at the first block between Diamond Bar Boulevard and Presado the church is below the street so of course, going toward the church is not an option and going toward the street in order to be cost effective the sidewalk should not be elevated by bringing in dirt in order to support the sidewalk path. Further west between Presado and Stonepine is the condominium complex with a staircase leading up to some of the units. Staff looked at options for tailoring the path of travel but it would be very costly and would not meet the ADA Accessibility needs and other requirements placed upon the City. MPT/Lyons said she drove and walked the area. A lot of the trees are very pretty and she is sensitive to the fact of replacing them with small scrawny trees. Is there a bigger species that would be suitable for the area? CSD/Rose said there are several options. The Brisbane Box is one that staff is recommending which results in a nice 25 -year growth tree. The recommendation includes a 24 -inch box; however, a 36 or 38 inch box could be planted if the City wanted to expend the funds. In any event, any replacement trees will look scrawny at the beginning. He deferred to the Arborist. MPT/Lyons said she has Brisbane Box in her yard and they look very nice. They are large at this point and she is not sure how long they have been growing onsite. C/Tanaka said he would like to save the trees to every extent possible; however, given all of the information it looks like the City is past that point. In the future, would trimming tree crowns to reduce the canopy have saved the growth from uplifting the sidewalk as much as has been done and has the section where the sidewalk has lifted happen in the last year and a half (since September 2013). CSD/Rose said he was not sure how long the sidewalk had been in its present condition. The first time he saw it was when staff evaluated the trees in January 2015. As far as keeping the crown trimmed back, the City has a policy of not topping trees. The trees in Diamond Bar should grow naturally and as mentioned in the report, these were the wrong trees MARCH 3, 2015 PAGE 16 CITY COUNCIL in the wrong locations because the Stonepine is such a huge tree. It is a beautiful park tree, a beautiful slope tree in the open space but not suitable for a small parkway space. The parkway is probably the most difficult place to grow a tree because of the infrastructure and the need to maintain that structure for ADA and for the roadway. It is a very harsh environment for trees and unfortunately these particular trees are so big that they have taken a beating over the years. C/Tanaka said he was aware there was a community garden in the area and he would not like to see any of the street parking removed to save those trees. C/Lin said it seemed to him that it was a typical struggle between aesthetics and compromise of safety. As an engineer, he always tries to see the alternatives. He is not attempting to design the project; however, it seems there are two issues, the pavement and the sidewalk rehabilitation and the second issue is the sidewalk. Is it possible to simply rebuild the pavement, remove the 1000 feet of sidewalk and envision a six foot walking space in the pavement area? PWD/Liu responded that Option 3 is close to what C/Lin has expressed. Option 3 extends or widens the parkway by eight (8) feet which narrows the pavement down to 32 feet. The reason for recommending the parkway be widened by eight (8) feet came from the Arborist in order to allow the trees to continue to grow beyond its current life cycle. Eight feet is the space these trees will need to continue growing. The current parkway is 10 feet wide which includes the sidewalk and strip of grassy area. The result would provide the trees with an additional eight feet for a total of 18 feet to continue to live. By extending the parkway out it will create a new walkway to continue to serve the public's needs. C/Lin said that without extending the parkway out his suggestion was to use six feet of pavement for the walking area which would remove the parking. It seems to him it would be the most cost-effective way to resolve the problem. PWD/Liu reminded Council that there are also catch basin/drainage issues that would have to be addressed and on that side of the roadway there are two catch basins and drainage has to be considered. Depending on how the water will continue to drain or flow has to be looked at in a completely different way. M/Tye asked C/Lin if the reason he brought up a compromised recommendation is that he liked Option 3 and was trying to save money. C/Lin said M/Tye was correct. Unfortunately, there has to be a determination about the value for pedestrians, etc. If there are a lot of MARCH 3, 2015 PAGE 17 CITY COUNCIL pedestrians the worst thing that can happen is to put pedestrians on the same surface as moving vehicles. At the same time, if the volume is low enough and there is good striping it might be a compromise. CM/DeStefano said that staff would not recommend that pedestrians be on the same plane as vehicles. Striping is not enough to protect pedestrians, runners or anyone else from potential impact with a vehicle. The whole idea for the curb is not only for flood control purposes but it also serves as a protection and separates pedestrians and traffic. The only time they are at the same level is at a designated crosswalk. While he is not an engineer he believes it would be safe to say that staff could not support that proposal because it may lead to other areas of risk that would be worse than those that have been described with the trees. M/Tye asked if the area around the base of the tree could be cut out so that the sidewalk looks like it has a crescent-shaped cutout or, does this get into an area that compromises the City's obligation with ADA. CM/DeStefano said he would defer to the experts but believed it would bring speakers to the podium complaining about the impediment to running and walking. The right hand side of the sidewalk is likely the end of the City's right-of-way. There may be a couple of inches left. If a proposal were to be forwarded moving the sidewalk further to the right it would not only require property to be received from the adjoining property owner (church) but as PWD/Liu pointed out earlier it would then challenge the City's standards for safe pathway travel and probably require some sort of retaining wall and/or handrail system to aid pedestrians. There are other complications that have not been addressed but clearly there would need to be the proper width of travel in order for pedestrians to get around those trees. CSD/Rose explained that one of the biggest issues for the stability of the tree is how close to the trunk of the tree roots are removed and if this sidewalk is removed and moved over three feet it would still be within almost three feet of the trunk of the tree and there will be roots that need to be removed to put the sidewalk back in. Of course, with the sidewalk removed the Arborist can inspect the roots and tell staff which roots can be removed but the closer to the trunk the concrete is poured which includes the possibility of removing roots, the more likely the tree would be recommended for removal by the Arborist. M/Tye asked for Public Comments on this item. Frankie Warner asked for clarification about trimming of the roots which he believed had been 11 years ago and that nothing had been done since. In fact, as other residents will likely attest, these trees are very, very healthy and have a healthy water source especially along the church area. Very MARCH 3, 2015 PAGE 18 CITY COUNCIL little maintenance has been done since it was done 11 years ago. He recalled that staff mentioned only about $10,000 had been spent to maintain a very small strip of the street which he too has witnessed. Option 2 includes putting in a crosswalk which he believes would make the street much safer because people drive too fast on the street and having a crosswalk would help no matter what option the Council chooses. Based on the history, Option 2 appears to allow residents to be able to enjoy the trees for another 11 years. Over the years he has visited with City employees who have looked at the trees and the street. Several years ago he spoke with an Arborist that was inspecting the trees and he asked her if the residents would lose these beautiful trees and at that time she assured him that they would not. He again encountered an individual who was looking at the trees who informed him they were getting bids to remove the trees and that is when he began calling the City begging for the trees to be saved. At that point he did not believe anyone was aware that the trees were being considered for removal. He thanked the City for putting up the signs to let residents know what was going on. He said he then saw CSD/Rose at the site who was taking pictures for the public meeting's Power Point presentation and begged him to save the trees. In short, these trees are very important to the residents and he has been keeping an eye on them for the past 15 years. Anytime residents see people looking at the trees it makes them very nervous because they want to keep the trees. Whenever individuals visit the area they comment on how beautiful the trees are and how beautiful they make the neighborhood. These comments are not made just by adults or older individuals, they are made by young people and children who also appreciate the trees and he felt it would set a very poor example that a solution could not be attained to save as many trees as possible. These trees have brought a lot of non -monetary value to the residents. These trees are a part of the neighborhood and have been part of the residents' lives for a very, very long time. He requested the City save as many as possible. Please do not cut them down. John Hoffner has been a resident of Diamond Bar for the past 22 years having moved to the area from Pasadena where he still works. The City of Pasadena has a lot of mature street trees that have not been removed. There are broken sidewalks and people live with them because they love the trees. Residents do not expect to live in a City that is perfectly clean with no cracks. He is also a member of the Diamond Bar Church of Christ. He appreciates the comments of the previous speaker. He believes these are very special trees as well. They were planted in the 1960's by the founders of the Church so the City can thank the Church for the current problem and the City can also thank the Church for the beauty and shade and oxygen these trees provide. It is no coincidence that the line of trees follows the original parcel the Church purchased when it moved to Diamond Bar. The upper section (about 40 percent of the subject area) was sold by the Church for the development of the MARCH 3, 2015 PAGE 19 CITY COUNCIL condominiums. In the City's Municipal Development Code Title XXII, Article 3 it says "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 including protected trees such as natives with a diameter of 8 inches or more, or trees of significant historical value as designated by the City Council." He said he believes that these subject trees are legacy trees for the City of Diamond Bar. They have been there throughout most of the City's history and he would support the Council designating these trees as "special" trees worthy of protection. He also pointed out that the circumference of these trees along the Church property range from 73 to 138 inches which is over 11 feet. Are there any larger trees than this within the City limits of Diamond Bar - certainly not likely within the roadways and parkways. Mr. Hoffner said he appreciates staff's work and their point of view. He has spent most of his life in the City of Pasadena having grown up there and having worked there. There are many similar situations as this in Pasadena, Claremont, Covina and other cities in the southland where they do not hold such a rigid view of how to maintain streets and sidewalks. They allow mature trees to live and grow which is great for the residents. As one drives through the City most of Diamond Bar's trees are very small and will never grow much larger than they are. Of the three options before the Council tonight he would support Option 2 but feels there are more examples and more options that have not been considered. Linette Velker said she has been a resident of Diamond Bar for over 28 years and lives less than a mile as the crow flies from the pine trees on Morning Canyon. She has walked at least 80 percent of the streets in Diamond Bar over the past 28 years and has found these particular trees to be pretty extraordinary in their stature and beauty. One reason she and her husband moved to Diamond Bar was because of the country -like atmosphere and the open spaces. Unfortunately, the open spaces of Diamond Bar seem to be dwindling and to think that these heritage trees are also destined for the chopping block is disconcerting. Once these trees are removed they are gone forever. She understands that these trees may be 50 years old and can live to be 100. She believes trees add value to the land and believes they are quite valuable. The smaller trees just do not have the canopy and said that if these trees were cut down and replaced with smaller trees it would not provide the shade, canopy, habitat for birds and wildlife nor the historic value. Loss of habitat is a well- documented concern and she realizes these are only 16 trees but she is concerned that their removal will initiate a precedent for other similar trees in the city to also be removed. She appreciates everyone's comments and she appreciates all of the work that has gone into consideration of the three options since the last meeting she attended on February 11. Perhaps a discussion by staff with other cities such as Claremont which has spectacular trees may be a source of information. She went online and checked out arborday.org for information about becoming a tree city MARCH 3, 2015 PAGE 20 CITY COUNCIL which she understands Diamond Bar is a part of. She recalled a City Newsletter a few years ago stating that Diamond Bar was one of the top 100 cities in which to live and she believed the City should strive to maintain that status by keeping the trees alive as long as possible. Bill Flournoy, Diamond Bar United Church of Christ, said he was able to review staff's recommendations yesterday concerning the Morning Canyon Rehabilitation Project. He commended staff for listening to the community's concerns. Staff has considered and evaluated two additional options, although their recommendation is still to adopt Option 1 which would result in the wholesale removal of the trees. After careful reading, the most feasible of these options to him is Option 2 which would remove the sidewalk and result in keeping the eight (8) trees along the lower Morning Canyon Road and five (5) of the trees between Presado and Stonepine. This is an acceptable compromise or solution that resolves the residents' major concerns. Hence, he urged the Council to adopt Option 2. He still has some differences of opinion with some of staff's recommendations. He is still not convinced that complete removal of the trees is necessary to accommodate the proposed rehabilitation project despite the Arborists' claims. If the trees have survived two root cuttings to fix the roadway it is likely they can survive one or two more over the next 10 or 20 years. He also does not understand why, once the sidewalk is removed, the Arborist needs to evaluate the root system of each tree and may deem the tree to be hazardous. This sounds like double jeopardy to him. He hopes that the City does not have to go through this effort again to save the trees. He is also not sure why the three trees between Presado and Stonepine need to be removed if the sidewalk and roadway are in an acceptable condition. By now the Council is familiar with the arguments for keeping the trees — the beauty, shade, feeling of well-being and the regret that the City will have lost something that is irreplaceable if the trees are prematurely removed. In addition, he thinks it is a matter of community values. Do people live here for the well -kept boulevards, the streets, the parks and other benefits of an efficiently run City? Yes, but the trees remind residents of other reasons people settled here. People chose to live on a former ranch in a country setting, a frontier with windmills turning, cattle grazing, coyote's howling, deer running. Yes, there used to be deer here. In fact, they are in a picture in the stairwell at City Hall; hills and valleys, gnarled oaks and canyons and, what is a canyon without trees guarding the entrance. People are running out of wild places and the trees represent that ideal. These particular trees have become a landmark that have grown and matured with the City. They do not appear to be unstable even if a few roots have to be cut to preserve the roadways and walkways. The larger trees are not leaning and residents do not feel in any danger from them. They are a welcome sight always. He is sure with a little creative thinking the City can accommodate those who may have difficulty in negotiating an uneven patch of the sidewalk. People have to find a way to live with what nature MARCH 3, 2015 PAGE 21 CITY COUNCIL gives them and look at their presence as a gift, not a nuisance. They are nature's church. He does not know and has not met anyone who is in favor of removing the trees other than staff. Removing trees of this maturity, beauty and benefit would not be a popular decision with most residents in the area. He believes the neighbors would be willing to trade off the imperfect roadway, sidewalk and infrastructure for their (the trees) continued presence. He asked Council and staff to again look at the recent picture of the trees they received yesterday and ask themselves if they should be cut down in the name of Public Works. How can the City remove these trees? Karen Gerloff, Diamond Bar Church of Christ, thanked the Council for their consideration and showed photographs of the street looking down toward the church property. She hoped that with Option 2 these would be the trees that would definitely be saved. Another photo looks up toward the Diamond Bar Community Garden and a picnic table which looks tiny under the massive tree. Community gardeners will miss that deep shade in the hot summer during and after working in the garden. These pictures show the deep shade these trees provide. The trees are gorgeous. Another photo showed a sad example of current street trees on Pathfinder near the high school. She knows it is difficult to take care of the street trees because of the severe drought. Another photo was taken in front of the church by the corner of Diamond Bar Boulevard on Morning Canyon Road and showed a fairly mature Crepe Myrtle which does not compare to the large Italian Stone Pines. She went online to determine the value of the trees with the National Tree Benefit Calculator which she calculated to be $495 per tree or $7,900 of benefit of those trees to the community each year. She included this information in notes she earlier sent to the City Council. She provided an article entitled Climate Change Could Cripple Southwestern US Forests. Trees face rising drought stress and mortality as the climate warms. Gardeners know how difficult it has been these last few years. It is an uphill battle and any street trees that are planted will face a difficult time during primary growth. In 1967 in Western Garden the Italian Stone Pine was selected as a "wonderful street tree." The new Western Garden does not mention the Italian Stone Pine as a street tree. She researched the Brisbane Box tree. MPT/Lyons asked about moving from a 24 inch box to a 36 inch box tree which was 12 feet by six feet. It looks like a nice tree but some websites say they have to be watered or they will not grow and although they may appear to be a good alternative the future may reveal something different. People and cities face risks every day but the value of these trees is important and she encouraged Council to choose Option 2 and do whatever is possible to save these wonderful living trees. Lauren Han said she moved to Diamond Bar just before her sixth birthday and has grown up listening to the howls of coyotes, followed deer trails MARCH 3, 2015 PAGE 22 CITY COUNCIL and stumbling upon deer, seen rabbits in the morning mist and these trees compared to all of those things are the most magnificent The thick shade of these trees bring the temperature down as much as 15 degrees. No one took a photo or mentioned how beautiful it is when one looks up from the bottom of these trees. She has seen nesting white owls and brown owls. The trees are so dense the sun is unable to pierce the canopy. These trees are really a place of sanctuary, provide peace of mind and they are very much worth keeping. She has walked about three square miles close to where she lives by St. Denis Church and no street in those three square miles or for that matter, any other place she has walked in Diamond Bar compares to that street because of these trees. Also, the amount of pollution that is captured and avoided by these trees is significant. She calculated online that these 16 trees would absorb 768 pounds of carbon dioxide per year which is 48 pounds each per year which is extremely invaluable. In addition, these trees absorb an enormous amount of sound from Diamond Bar Boulevard and if these trees were removed there would be a significant increase in traffic noise for all houses in that area. There is a difference in looking at a sterile neighborhood compared to one that has trees. Beverly Hills has 30,000 street trees and Marcelino Lomeli, Superintendent of Parks, claimed their trees to be worth more than $450 million in the 1990's." The subject trees are an enormous asset for many different reasons which are not limited to visual reasons and it is worth sacrificing a sidewalk in order to keep them. She recommended an alternative with Option 2 to build a small bridge with poles to elevate the bridge over the level to accommodate wheelchairs, etc. which would be a much cheaper option than having to redo the sidewalk over and over again. She believes Option 2 is what people want and it is the best option. She thanked Council for its consideration. Allen Wilson said this item has drawn a very interesting dialogue about the trees in question. He has served on his homeowners' association board for three years. The one word he learned was "fiduciary" duty. The five City Council Members have a fiduciary duty to protect and to minimize long-term liabilities that could occur. He recalled that in 2004 and 2005 there was a huge storm and when a tree toppled in the median near CVS and crashed onto a vehicle which caused liability to the City. He loves trees and his complex has a lot of trees. He wants to save as many trees as possible but if the City does not take care of the City it will end up putting on a band-aid time and time again. If a tree comes down on a car there could be loss of life and it can become a question of whether to save a tree or save a life. To him it is a simple choice of saving a life. In his opinion, he believes the best approach is Option 1. He does not want to take down trees but again, this City Council has a burden of responsibility to make a very tough decision not to alienate passionate residents and to do their fiduciary duty to protect the City. MARCH 3, 2015 PAGE 23 CITY COUNCIL Kathleen Yang said her family moved to Diamond Bar in 1985. She no longer lives in Diamond Bar but her parents live across the street from the trees. The gentleman who spoke said the City Council has a fiduciary duty to protect the City's assets and she believes the trees are also assets to the community. The likelihood of the tree falling down would be only if the roots are cut too close to the trunk. To her, when she looks at the three options, common sense tells her Option 2 is the best option. Those trees provide something intangible. They provide a sense of well-being and she believes that outweighs the risk for which the City has insurance. She thanked PWD/Liu and CSD/Rose for really listening to the residents and providing the Council with viable options. She hoped the Council Members understand how the residents feel and choose Option 2. M/Tye closed Public Comments. M/Herrera said she had sympathy for all of the speakers and their love of the trees. The trees certainly are beautiful. She moved to Diamond Bar in 1966 and Diamond Bar was a very, very different place back then. There was no Diamond Bar Boulevard, there was no Grand Avenue and there was no 57 freeway. The 60 freeway stopped in Hacienda Heights. Places grow and Diamond Bar has grown. This is a difficult decision for the City Council and looking at the option, Options 2 and 3 looking at the red print, even under option 2 and 3 there is a possibility that more trees will be removed once the sidewalks are removed and the Arborist has an opportunity to inspect the tree root system. So Option 2 and 3 are not "total" solutions. With Option 2 and 3 there continues to be ongoing liability for the City with the root system pulling up the sidewalk and more importantly, reaching out into the street. Some very creative solutions have been suggested by the residents on how to remediate the sidewalks but the sidewalks are not the only issue because the roots are going out under the street and cracks are forming, water will get into those cracks and compromise the asphalt which means that when cars drive over those cracks there will be asphalt failure and the roadway giving away. God forbid there would be a sinkhole. As a previous speaker stated, the City Council has a fiduciary responsibility for public safety and the lives and safety of the City's residents is paramount over trees. Diamond Bar needs to protect its residents and prevent or remove hazards and it is not prudent to fix it one year and the next year the situation has further deteriorated. The City belongs to the JPIA and the City has been presented with a report that talks about liability and exposure. Once JPIA looks at this situation and finds that the City Council knew it had a situation it let continue she does not know that Diamond Bar would be covered which would be very, very detrimental to the City. C/Tanaka said he liked the choices in Option 2 because it addresses a minimum of removing only three trees and allows the Arborist to take a look at the roots so if some of the trees can be saved he would favor doing MARCH 3, 2015 PAGE 24 CITY COUNCIL so as opposed to removing all 16 trees. MPT/Lyons asked if there was a possibility of moving the trees. C/Herrera said she believed they were too big to move. Nick Alago, West Coast Arborists, said that anything can be done. The trees could be moved but it would entail tearing the street completely apart and it would be extremely expensive. Trees of the size in question would likely cost the City $75,000 to $100,000 per tree to move. C/Lin asked PWD/Liu why if in looking at Option 2 is the rehabilitation of the roadway pavement mutually exclusive to removal of the sidewalk. PWD/Liu responded that the section of pavement that is the most compromised is the section between Diamond Bar Boulevard and Presado. West of that there are certain conditions that do not compare to the first section which has extensive damage. When staff was considering Option 2 staff learned from public input that residents were willing to live without the sidewalk or path of travel. So staff felt that if the neighbors were willing to live with this option perhaps there was an alternative path of travel for the residents. Staff concluded that it could be done by re- routing everyone and making sure that from a public perspective that this alternative should be studied very closely which it was. As a result of the study, he suggested installing a crosswalk to make sure there was a clear passage for pedestrians. In terms of pavement repair work under Option 2, like everything else, as long as the trees remain where they are the roots will continue to grow out toward the street and basically in every direction. That section has displayed signs of deterioration in spite of all of the work the City has done. More importantly, the root systems will continue to create more and more damage. M/Tye said he was surprised that more people spoke up in favor of Option 2 instead of Option 3 but he thinks this can be massaged so that the City does not have to go in and obliterate the trees and still be responsible. To him it is like saying he has a corn on his toe and the doctor says if we amputate just above the knee it will take care of the corn on the toe. But if we start with the corn and we work on that and find that 10 or 11 trees will be saved which means that the City has already identified the trees it wants to remove. He assumed that the removal of five trees in Option 3 referred to the five in front of the condos. CSD/Rose responded that there were three in front of the condos and two in front of the church that were slated for removal. M/Tye asked which two in front of the church. MARCH 3, 2015 PAGE 25 CITY COUNCIL CSD/Rose responded that it would be the two trees nearest the catch basin toward Diamond Bar Boulevard. M/Tye asked if Option 3 includes rebuilding catch basins and building two new catch basins why would there be a need to remove them. CSD/Rose said that under Option 3 there is a sidewalk being built on the road side and the sidewalk would have to come back to meet the existing sidewalk and that occurs about where the trees are. M/Tye felt there was a way to compromise and take a scheduled approach rather than an all or nothing approach. M/Tye acknowledged there will be a problem. He asked if the City spent $100,000 in 2004 and $10,000 in 2013 and is now talking about spending $300,000 or $400,000 for Option 1 or Option 3 in his opinion, it is worth working toward achieving as many objectives as possible. All of the trees will not be saved but something terrific can be created and still save as many trees as possible. He is not a proponent of tearing out the sidewalk. To do that is to ignore a section of society and perhaps in that neighborhood and church goers who use that sidewalk who have not had an opportunity to weigh in on this proposal. He likes the idea of creatively putting the sidewalk on the other side of the trees which will accomplish a couple of things even though the City may find out it went to a lot of additional expense by moving forward with the objective to save 11 of the 16 trees and find out only 8 could be saved which is better than denuding the neighborhood of all of the Italian Stone Pines. He likes this option because it is a two for one solution which he asked PWD/Liu to weight in on — save as many trees as possible, provide an opportunity for a new sidewalk and repair the catch basins, and have a traffic calming measure in the process. PWD/Liu said that to a certain extent one might say it is a traffic calming measure but under the Traffic Management Program he can offer many other options as well. MPT/Lyons asked if the City proceeded according to M/Tye's recommendation, would parking be eliminated if the sidewalk was moved to the other side of the trees. CSD/Rose responded "yes." MPT/Lyons said that if the Council were to consider that option, the parking should not be eliminated because some of the condo owners rely on street parking. M/Tye said he agreed and that is why the action would be for the Council MARCH 3, 2015 PAGE 26 CITY COUNCIL to reject all bids and direct staff to redesign the project per the concept. Option 3 does not speak to putting the sidewalk on the other side of the trees up near the condos. CSD/Rose responded that the original Option 3 does include the sidewalk on the other side of the trees by the condos as well which would eliminate the parking for both the condos and the church. Obviously there could be a hybrid recommendation where Option 2 and 3 could be combined to remove the three trees by the condo and repair the panels only for the remaining trees which would provide parking along the street and the sidewalk is moved to the other side of the street at the church end of the street and the street parking would be lost in that area. M/Tye moved, C/Lin seconded, to reject all bids and direct staff to redesign the project per Option 3 which would save as many trees as possible (removal of a minimum of 5 trees). Motion carried 4-1 by the following Roll Call vote: AYES: COUNCIL MEMBERS: Lin, Tanaka, MPT/Lyons, M/Tye NOES: COUNCIL MEMBERS: Herrera ABSENT: COUNCIL MEMBERS: None C/Lin asked for clarification that this motion does not guarantee that the Council is proceeding with Option 3 it is merely a motion for redesign. Is that correct? CM/DeStefano responded that as he understands the direction, the motion is to move forward with Option 3 and that will require a redesign. Through that redesign staff and Council will learn a lot more about what needs to be done and the entirety will be coming back to the City Council for a decision to award the contract at some point in the future. Council is directing staff to design a project with Option 3 in mind but there may be derivatives of it as staff works through the details. CSD/Rose said that staff would be meeting with the residents of the condos to gather their input which may take place on site under the trees. 9. COUNCIL SUBCOMMITTEE REPORTS AND MEETING ATTENDANCE REPORTS/COUNCIL MEMBER COMMENTS: C/Herrera reported that she attended the San Gabriel Valley COG meeting on February 19 and it was the last day of work for the Executive Director Andrea Travis -Miller who has served for slightly less than two years. She has been hired by the City of Covina as the City Manager and the COG Executive Board selected Fran DeLach, former City Attorney for Azusa as the Interim Director. The board will begin the process of hiring a new executive director for the SGVCOG. MARCH 3, 2015 PAGE 27 CITY COUNCIL C/Lin reported that during the past two weeks he attended three functions on behalf of the City. He was invited to attend the Diamond Bar Chinese Association New Year's Celebration which he attended with all of his colleagues on February 21 at the Diamond Bar High School. On February 24 he took a tour of the Sheriff's Station in Walnut and had an in-depth discussion with Captain Scroggin and Lieutenant Tachias. He said he appreciated the opportunity to gain an understanding about how this City is kept safe by the Sheriff's Department and its deputies and was amazed to hear that they are only three or four minutes away from any situation in Diamond Bar. Last Saturday he and M/Tye were invited to the International Chinese Transportation Professional Association meeting at Heritage Park. C/Tanaka said that a couple of weeks ago he attended the Chinese American Association's Lunar New Year Celebration at Diamond Bar High School. Later that day he attended the Diamond Bar Girls Softball Opening Day Ceremony at Pantera Park. On Sunday, February 22 he attended the Miss Diamond Bar Pageant's Fashion Show with 14 candidates competing this year, 13 of which were present. The Miss Diamond Bar Scholarship Pageant will be held on Sunday, March 29 at 2:00 p.m. in the Diamond Bar High School Theater. On Tuesday, February 24 he attended the Diamond Bar 4 -Youth "In Action" regular monthly meeting during which there was discussion of upcoming events including the City's Birthday Celebration, a canned food drive and the next 6th, 7th and 8th grade dance. Elections for next year's board will be held at the March meeting. Last Wednesday he attended the San Gabriel Valley Regional Chamber of Commerce's Heroes Prayer Breakfast to honor men and women in the armed forces, sheriff's, police departments, firefighters and all emergency medical response teams. Thursday he attended the Evergreen Senior Citizens Club's Lunar New Year and quarterly birthday celebration. He stopped by the Pack 788's Blue and Gold Awards Dinner on Saturday to celebrate the birthday of scouting in the United States. He attended the Diamond Bar Pony Baseball Opening Ceremony on Saturday. That evening he attended the Casa Colina's Tribute to Courage Dinner. Four individuals were recognized during the evening which was hosted by Bonnie Hunt. Aron Ralston, the hiker from Colorado who survived being trapped by amputating his pinned and injured hand, was the guest speaker. MPT/Lyons stated that she too had attended the Diamond Bar Chinese American Association's New Year's Celebration it was wonderful because all five Council Members were present to celebrate with the community. She and her colleagues enjoyed the event very much and appreciated that staff had a booth there to pass out information. Staff also provided DB 4 Youth workers for their booth and other booths where help was needed. The Salute to Heroes Breakfast was very inspirational which she enjoyed along with her colleagues. She also attended the Diamond Bar Evergreen Seniors New Year's Celebration along with C/Tanaka for a celebration with good food, good friends and good entertainment. MARCH 3, 2015 PAGE 28 CITY COUNCIL M/Tye said it was wonderful to be at the Lunar New Year Celebration. He would like to clarify whether it is the year of the sheep, goat or ram but nobody seems to know. Last year was the year of the horse so it is Gung Hay Fat Choy to Chinese residents. It has been a busy couple of weeks with the Boy Scouts Blue and Gold Banquet for Troop 737 and a week later Troop 788. It is wonderful to be invited and be a part of the ceremony that promotes kids from cub scouts to boy scouts. It matters not whether it is the Friends of the Library, the Lions or the Rotary, things get done with volunteers and it was incredible to see how many volunteers were working on behalf of their children in scouting. The Heroes Prayer Breakfast was very moving and it was wonderful to attend with his Council colleagues and present certificates on behalf of the City to the different heroes from armed forces, sheriff's department, fire and American Medical who were being honored. He also attended the The Pony League opening day. M/Tye stated that it was a privilege to be invited to the International Chinese Transportation Professional Association, Southern California Chapter with C/Lin and speak with Brian Pennington who had good things to say about Diamond Bar and how prepared the City is to have projects recognized and funded. He was aware of the work staff does to be in line for the funding. He thanked staff for the very thorough information and presentation on the Morning Canyon trees not only tonight but at the public outreach meeting a week ago in the Windmill Room. He believes it is very important for people to understand that staff and City Council is present to listen and accept their input to see if the City can do what it needs to do to make the City as safe as possible while doing everything possible to preserve the flavor of the neighborhood and its trees. It is a testament to their willingness to come forward and ask that the City do everything possible to make it work for everyone's benefit. He did not hear anyone who was difficult but he heard people who were zealous about this matter and interested to provide input and participate in the process of getting the matter to a satisfactory conclusion for all. He thanked all who provided input and staff for their thoughtful and in depth study and work on behalf of the residents and City Council. ADJOURNMENT: With no further business to conduct, M/Tye adjourned the City Council Meeting at 9:18 p.m. TOMMYE CRIBBINS, CITY CLERK The foregoing minutes are hereby approved this day of 2015. STEVE TYE, MAYOR Agenda No. 6.2 CITY OF DIAMOND :,- DIAMOND ■ ROOM 6 COPLEY DRIVE, DIAMOND :.. , CA 91765 JANUARY 22,2015 VC/Liang called the Parks and Recreation Commission meeting to order at 7:00 p.m. in the City Hall Windmill Room, 21810 Copley Drive, Diamond Bar, CA 91765. PLEDGE OF ALLEGIANCE: Commissioner Grundy led the Pledge of Allegiance. ROLL CALL: Present: Commissioners Dave Grundy, Kim Hsieh, and Vice Chairman Benny Liang Absent: Commissioner Lew Herndon and Chairman Ted Owens were excused VC/Liang welcomed Council Member Jack Tanaka and his wife Wanda to the meeting. Staff Present: Bob Rose, Community Services Director; Anthony Jordan, Parks and Maintenance Superintendent; Christy Murphey, Recreation Superintendent; Andee Tarazon, Community Services Coordinator; and Debbie Gonzales, Administrative Coordinator MATTERS FROM THE AUDIENCE: None CALENDAR OF EVENTS: As presented by CSD/Rose 1. CONSENT CALENDAR: 1.1 Approval of Minutes for the November 20, 2014 Regular Meeting. C/Grundy moved, C/Hsieh seconded, to approve the November 20, 2014 Minutes as presented. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Grundy, Hsieh NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: VC/Liang ABSENT: COMMISSIONERS: Herndon, Chair/Owens 2. INFORMATIONAL ITEMS: 2.1 Recreation Program Update — RS/Murphey 2.1.1 Power Point Presentation on the 2015 Snow Fest event — CSC/Tarazon PAGE 2 P&R COMMISSION I C/Grundy asked if this was the first year for waivers and CSC/Tarazon responded that this was the second year. C/Grundy asked if the waivers were being done as a general type of risk management practice or in response to an occurrence and CSC/Tarazon said the waivers are being done as part of general best practices. CSD/Rose explained that when the weather is hot the sledding area does not melt but the play area melts which causes water to flow from the edge of the snow and muddy the ground. 2.2 ParksReport— PMS/Jordan C/Hsieh said that the fence caps are not completed. She said it appeared to her that someone had hit the cap. PMS/Jordan said that staff installed five caps which require ongoing maintenance. C/Hsieh said that as one walks the reconstructed path in Pantera Park there is a portion of the concrete that is chipped off. PMS/Jordan said he would take a look and asked if it was at the edge of the new concrete to which C/Hsieh responded that if one continues walking toward the Gazebo it is a couple of sections away. C/Hsieh asked if something would be done to make the area around the drain next to the dog park more aesthetically pleasing. PMS/Jordan explained that the rocks are there to trap debris. In terms of landscaping, there is nothing proposed for the area. However, this year's budget includes planting 50 trees throughout the dog park for shade and staff can look at enhancing the drain area at that time. C/Hsieh suggested planting a hedge to make the area less visible. C/Hsieh said that as she was walking in the park a couple of weeks ago a person stopped her regarding dog excrement that had not been picked up and has witnessed people not cleaning up after their dogs. PMS/Jordan explained that Valley Crest is required to pick up dog waste whenever they observe it and there are doggie walk bags for individuals to use. In many instances, the City's parks get a lot of Coyote droppings and sometimes people mistake those for dog droppings and irresponsible dog owners. He is sure there are a few irresponsible dog owners and he will speak with the contractors and make sure they pay particularly close attention to those areas. C/Hsieh said the contractors come only once a week and PMS/Jordan responded that the contractors "detail crew" is onsite almost every day and the mow crew is there on a weekly basis but there are individuals in the City on a daily basis working different parks at different times of the day. C/Hsieh said it is good to see that the Pantera dog park is well used and contractors should take extra effort on those facilities. C/Grundy asked if staff was considering a step down valve or pressure regulator for Washington Street and PMS/Jordan responded "pressure regulator." PMS/Jordan said he has discussed a pressure regulator with Excel Landscape. It is tight quarters behind the sidewalk and there is a backflow valve, flow meter and master valve immediately downstream of the meter and at some point the line needs to be cut to make room for a pressure regulator. As a stop -gap measure, the backflow has been JANUARY 22, 2015 PAGE 3 P&R CONOUSSION throttled back by 45-50 percent to restrict water flow. While this does not reduce the static pressure it slows the velocity and reduces the amount of water hammer in the line until it can be determined at what point the line can be cut for installation of the regulator. C/Grundy asked what happened to the request for improved lighting around the walkway in Peterson Park. PMS/Jordan responded that staff looked at the light fixtures on the poles to be certain they were operating; however, staff found that the lenses had Plexiglas protective covers that were old and nearly impossible to see through so staff cleaned those that could be cleaned and removed those that could not be cleaned which dramatically enhanced the light output. C/Grundy said he believed the individual was asking if more lights could be added and asked if anything came of that. CSD/Rose responded not at this time. He does not believe additional walkway lighting is part of the Parks Master Plan update. CSD/Rose said that staff would add it to Commissioner's Requests. C/Grundy asked if it was difficult to find out what the cost would be to add more lights and CSD/Rose said that most likely the biggest issue would be the wiring and staff will get some cost estimates. 2.2.1 Power Point Presentation on the Lorbeer Middle School sports field — PMS/Jordan C/Grundy asked whether the sports teams or school use was doing most of the damage and PMS/Jordan responded that in the past a PE activity was to kick field goals and there was a lot of that type of activity going on which would cause the most repetitive damage near the goal post. If it was damage caused by the sports group there would probably be more damage throughout the entire field; both contribute. C/Grundy asked if the City could ask the school and sports groups to engage in more variety during PE classes to cut down on the wear on the east end. PMS/Jordan said he could speak with the Field Attendants. With respect to the school, he said he would contact the Principal's office and attempt to speak with the appropriate party. C/Grundy asked if this years 4th of July Blast would be at Lorbeer and CSD/Rose said staff was planning to look at the possibility of holding the event at Diamond Bar High School first. C/Grundy felt that having the 4th of July Blast at a different location would allow the Lorbeer field additional time for renovation. PMS/Jordan said that had staff been allowed a longer renovation period last year it would have allowed the turf to establish itself much better. However, even though it would allow the turf to become more established and recover in a shorter period of time, no turf will stand up to that type of repetitive damage no matter how long the renovation period. C/Grundy said he believed it came down to the limited availability of lighted fields. If the City had more lighted fields the scheduling could be spread over more venues and place JANUARY 22, 2015 PAGE 4 P&R COADUSSION less burden on a few fields. Perhaps the City could consider placing lights in other facilities or space the use of currently available lighted facilities. CSD/Rose explained that his staff is working on a report to the City Manager with all of the options for field use. In addition, the report will include the possibility of charging for use of the fields because not charging for their use results in greater demand. Diamond Bar is one of few cities in the area that offers free use of lighted fields. C/Grundy asked if it would be feasible to offer a tiered pricing structure by charging those with 50 percent or fewer Diamond Bar resident participants more. CSD/Rose said staff would include such an option in its report. 2.3 CIP Projects - CSD/Rose 2.3.1 Pantera Park Trail and Steep Canyon Trail— CSD/Rose reported that staff received four proposals for the design of the trails which are currently under review for a recommendation to the City Council mid-February/early March. 2.3.2 Diamond Canyon Park Design — CSD/Rose stated that staff received the second plan check submittal from Lennar Homes. Jeff Smith, Lennar Homes believes that based on how quickly construction can take place the park should be completed September/October 2015. 2.3.3 Design of Heritage Park Improvements — CSD/Rose explained. that the consultant team continues to obtain public input with onsite interception interviews with people who use the park. In addition, the team has met with user groups including the City's Tiny Tot and Day camp as well as, senior groups. 2.3.4 Design of Longview Park South & Star Dust Park — CSD/Rose stated that Architerra continues its work on the construction documents and staff plans to recommend funding for the construction of both parks during the Fiscal Year 2015-16 Budget process. C/Hsieh asked why there is no senior lounge at the Diamond Bar Center like the City of Walnut. CSD/Rose explained that the City of Walnut has an actual dedicated Senior Center and as such, it was programmed primarily for senior use and includes.a lounge area, game room and other types of facilities. The Diamond Bar Center is not considered a senior center and a lounge facility normally includes things like overstuffed couches and chairs, which are stationery and available for daily use. When such spaces are so dedicated they cannot be used for other types of events. The Diamond Bar Center is programmed so that all rooms are portable and things are moved in and out to get the most use of the space available. With only one such quality facility the space is intended to be JANUARY 22, 2015 PAGE 5 P&R COAD MSION used in the most efficient way possible and not to accommodate special interests. The Parks Master Plan recommends a dedicated senior center on the vacant parcel next to the Diamond Bar Center which was initially intended for a library and would be the type of dedicated facility described by C/Hsieh. C/Hsieh suggested staff check with Walnut to see how such a facility can be planned and funded. The City of Walnut financed all of their recreation facilities (gymnasium, community center, senior) with Redevelopment money which can be used for development but not for ongoing operations. The State of California recently banned Redevelopment Agencies which means that cities no longer have that funding mechanism available. Usually, the next best method for obtaining financing is for a developer to come into the City to do a large project and as part of the conditions of approval, build a public facility. Diamond Canyon Park is such an example. While it is a relatively small residential development the City is getting a 2-4 acre developed park as part of the development process. Six million dollars to build a building is a significant amount to the City of Diamond Bar when one considers the entire annual budget is $20 million. C/Hsieh asked how much it would cost the City to include photos on the military banners and if feasible, the City could transition from what it now does to a different design feature. CSD/Rose said that such a recommendation would need to go to the City Council for their consideration. 2.4 List of Pending Commission Requests — CSD/Rose reported on the following items: 1) Pursuit of a grant to construct a trail connection from Silver Tip Park to Pantera Park — staffreceived a call from the State of California today regarding the Habitat Conservation Grant that was submitted the beginning of October 2014 to set a meeting on February 12 or 13 for the state to visit the site to review the City's project and while the grant application is still under consideration it will be some time before the City receives an announcement about whether the grant funding will be provided. 2) Heritage Park Special Needs —Discussed during the CIP report 3) Stairs at the Dog Park— Part of the Pantera Park Trail System. Staff is in the process of hiring a design consultant for its design. Grant funding will pay for the construction which must be completed by December 31, 2015. 4) City You Tube Videos — Include recreation programs, facilities, trails, etc. that have been added and updated and will continue to be updated. 5) Trails Descriptions — This has been added to the multi-year CIP list JANUARY 22, 2015 PAGE 6 P&R COALMSSION and Council will consider the priority of those items to determine which fiscal year the item will move to.. 6) Request for Diamond Bar Center Bricks and Tiles to be used as a Fundraiser (C/Herndon) — under review. 4. NEW BUSINESS: None 5. ANNOUNCEMENTS: C/Hsieh thanked staff for the outstanding Snow Fest event and wonderful Disney characters. C/Grundy said that even though he was not at the Snow Fest he appreciated the report. He is pleased that these types of events continue each year. He was unable to attend this year but when he has attended in years past he has enjoyed the event and it looks like this year was no exception and the weather was perfect. He appreciates the written reports and particularly appreciates the presentations which are very, very helpful and provide good insight. It was'a productive 2014 and he looks forward to a productive 2015. VC/Liang thanked staff for their reports, wished everyone a happy 2015. He thanked staff for their hard work in 2014 and said he looked forward to working with everyone this year. ADJOURNMENT, With no one objecting and no further business before the Parks and Recreation Commission, upon motion by C/Grundy, seconded by C/Hsieh, VC/Liang adjourned the meeting at 7:54 p.m. The foregoing minutes are hereby approved this26t$ay of February 2015. Attest: BENNY Ll,fjlG, VICE-CHAIF3 App Agenda # 6 .3 Meeting Date: March 17, 2015 CITY COUNCIL ,,� C,�IEPOR� AGENDA REPORT TO: Honorable Mayor and Members of the City Council FROM: James DeStefano, City Manager TA TITLE: Ratification of Check Register dated February 26, 2015 through March 11, 2015 totaling $ 1,229,546.00 RECOMMENDATION: Ratify. FINANCIAL IMPACT: Expenditure of $ 1,229,546.00 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 26, 2015 through March 11, 2015 for $ 1,229,546.00 is being presented for ratification. All payments have been made in compliance with the City's purchasing policies and procedures. Payments have been reviewed and approved by the appropriate departmental staff and the attached Affidavit affirms that the check register has been audited and deemed accurate by the Finance Director. PREPARED BY: Luisa Allen Accounting Technician REVIEWED BY: �C Finance Director Attachments: Affidavit and Check Register — 2/26/15 through 3111/15. 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 26, 2015 through March 11, 2015 has been audited and is certified as accurate. 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IN THE AMOUNT NOT TO EXCEED $20,000 FOR THE DESIGN OF THE LONGVIEW PARK NORTH SWING SET EXPANSION AND AS - NEEDED CONCEPTUAL DESIGN WORK AND APPROPRIATION OF $12,000 FROM SAVINGS IN THE ECONOMIC DEVELOPMENT/PROFESSIONAL SERVICES ACCOUNT RECOMMENDATION: Award contract and appropriate funds. FINANCIAL IMPACT: The $7,400 cost to develop the construction documents for the swing set expansion at Longview Park North is included in the adopted 2014/15 FY CIP Budget. The remaining cost of $12,600 will be funded with expected savings in the appropriated Economic Development fund/Professional Services account. BACKGROUND: Longview Park North is a 1 acre mini -park located at 21071 Longview Drive in the City of Diamond Bar. Current improvements include a small tot lot, accessible walkway and grass field. The City plans to install a two -bay swing set with engineered wood fiber surfacing adjacent to the current tot lot. The swing set will have regular belt swings in one bay and tot swings in the other bay. The new swing set must be ADA accessible and a civil engineer is required to survey the park and develop the construction documents. As -needed conceptual plans allow the City to adequately respond to future opportunities by providing feasibility information and potential functionality options. Conceptual plans do not bind the City to any pursuing any specific property or use, but provide flexibility as long-term planning documents. The team members from ICG, Inc. have a history of successful projects on behalf of the City of Diamond Bar, having completed the City's comprehensive Parks Master Plan and the recently completed Grand View Trail. Staff believes ICG, Inc. is fully qualified to design the Longview Park North swing set expansion project and complete as -needed conceptual design work. PREPARED AND REVIEWED BY: REVIEWED BY: Bob Rose, Director of Community Services Dianna Honeywell, Director of finance CONSULTING SERVICES AGREEMENT THIS AGREEMENT is made as of March 17, 2015 by and between the City of Diamond Bar, a municipal corporation ("City") and ICG, Inc. ("Consultant"). RECITALS A. City desires to utilize the services of Consultant as an independent contractor to provide consulting services to City as set forth in Exhibit "A". B. Consultant represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expertise of its principals and employees. NOW, THEREFORE, in consideration of performance by the parties of the covenants and conditions herein contained, the parties hereto agree as follows: 1. Consultant's Services. A. Scope of Services. The nature and scope of the specific services to be performed by Consultant are as described in Exhibit "A" the Consultant's Response, dated February 24, 2015. B. Level of Services/Time of Performance. The level of and time of the specific services to be performed by Consultant are as set forth in Exhibit "A." 2. Term of Agreement. This Contract shall take effect March 17, 2015, and shall continue until June 30, 2016 unless earlier terminated pursuant to the provisions herein. 3. Compensation. City agrees to compensate Consultant for each service which Consultant performs to the satisfaction of City in compliance with the schedule set forth in Exhibit "A." Payment will be made only after submission of proper invoices in the form specified by City. Total payment to Consultant pursuant to this Agreement shall not exceed Twenty Thousand dollars ($20,000). 4. General Terms and Conditions. In the event of any inconsistency between the provisions of this Agreement and Consultant's proposal, the provisions of this Agreement shall control. 4�1rINOM City: City Manager Consultant: Jeff Scott, Principal City of Diamond Bar ICG, Inc. 21810 Copley Drive 4195 Chino Hills Parkway #222 Diamond Bar, CA 91765-4177 Chino Hills, CA 91709 6. Status as Independent Consultant. A. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City. B. Consultant agrees to pay all required taxes on amounts paid to Consultant under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. In the event that City is audited by any Federal or State agency regarding the independent contractor status of Consultant and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between City and Consultant, then Consultant agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto. C. Consultant shall fully comply with the workers' compensation law regarding Consultant and Consultant's employees. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this Section 6. 7. Standard of Performance. Consultant shall perform all work at the standard of care and skill ordinarily exercised by members of the profession under similar conditions. 8. Indemnification. CONSULTANT shall indemnify, defend with counsel approved by CITY, and hold harmless CITY, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with CONSULTANT'S negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to comply with any of its obligations contained in this AGREEMENT, except such loss or damage which is caused by the sole active negligence or willful misconduct of the CITY (meaning that CONSULTANT shall indemnify and defend CITY notwithstanding any alleged or actual passive negligence of CITY which may have contributed to the claims, damages, costs or liability). Should CITY in its sole discretion find CONSULTANT'S legal counsel unacceptable, then CONSULTANT shall reimburse the CITY its costs of defense, including without limitation reasonable attorneys fees, expert fees and all other costs and fees of litigation. The CONSULTANT shall promptly pay any final judgment rendered against the CITY (and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have been the result of the CONSULTANT'S negligence, recklessness or willful misconduct. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement. 9. Insurance. Consultant shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company admitted to do business in California and approved by the City (1) a policy or policies of broad -form comprehensive general liability insurance with minimum limits of $1,000,000.00 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Consultant, its officers, employees, agents, and independent contractors in performance of services under this Agreement; (2) property damage insurance with a minimum limit of $500,000.00; (3) automotive liability insurance, with minimum combined single limits coverage of $500,000.00; (4) professional liability insurance (errors and omissions) to cover or partially cover damages that may be the result of errors, omissions, or negligent acts of Consultant, in an amount of not less than $1,000,000 per occurrence; and (5) worker's compensation insurance with a minimum limit of $500,000.00 or the amount required by law, whichever is greater. City, its officers, employees, attorneys, and volunteers shall be named as additional insureds on the policy (ies) as to comprehensive general liability, property damage, and automotive liability. The policy (ies) as to comprehensive general liability, property damage, and automobile liability shall provide that they are primary, and that any insurance maintained by the City shall be excess insurance only. A. All insurance policies shall provide that the insurance coverage shall not be non -renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City thirty (30) day's prior written notice thereof. Consultant agrees that it will not cancel, reduce or otherwise modify the insurance coverage. B. All policies of insurance shall cover the obligations of Consultant pursuant to the terms of this Agreement; shall be issued by an insurance company which is admitted to do business in the State of California or which is approved in writing by the City; and shall be placed with a current A.M. Best's rating of no less that A VII. C. Consultant shall submit to City (1) insurance certificates indicating compliance with the minimum worker's compensation insurance requirements above, and (2) insurance policy endorsements indicating compliance with all other minimum insurance requirements above, not less that one (1) day prior to beginning of performance under this Agreement. Endorsements shall be executed on City's appropriate standard forms entitled "Additional Insured Endorsement", or a substantially similar form which the City has agreed in writing to accept. % Confidentiality. Consultant in the course of its duties may have access to confidential data of City, private individuals, or employees of the City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. Notwithstanding the foregoing, to the extent Consultant prepares reports of a proprietary nature specifically for and in connection with certain projects, the City shall not, except with Consultant's prior written consent, use the same for other unrelated projects. 11. Ownership of Materials. All materials provided by Consultant in the performance of this Agreement shall be and remain the property of City without restriction or limitation upon its use or dissemination by City. 12. Conflict of Interest. A. Consultant covenants that it presently has no interest and shall not acquire any interest, director or indirect, which may be affected by the services to be performed by Consultant under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement. B. Consultant covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of hardware or software to City as a result of the performance of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. 13. Termination. Either party may terminate this Agreement with or without cause upon thirty (30) days written notice to the other party. However, Consultant shall not terminate this Agreement during the provision of services on a particular project. The effective date of termination shall be upon the date specified in the notice of termination, or, in the event no date is specified, upon the fifteenth (15th) day following delivery of the notice. In the event of such termination, City agrees to pay Consultant for services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written notice of termination, Consultant shall discontinue performing services. 14. Personnel. Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Consultant or under it supervision, and all personnel engaged in the work shall be qualified to perform such services. Consultant reserves the right to determine the assignment of its own employees to the performance of Consultant's services under this Agreement, but City reserves the right, for good cause, to require Consultant to exclude any employee from performing services on City's premises. 15. Non -Discrimination and Equal Employment Opportunity. A. Consultant shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement, and will comply with all rules and regulations of City relating thereto. Such nondiscrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. R Consultant will, in all solicitations or advertisements for employees placed by or on behalf of Consultant state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. C. Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials. 16. Assignment. Consultant shall not assign or transfer any interest in this Agreement nor the performance of any of Consultant's obligations hereunder, without the prior written consent of City, and any attempt by Consultant to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect. 17. Performance Evaluation. For any contract in effect for twelve months or longer, a written annual administrative performance evaluation shall be required within ninety (90) days of the first anniversary of the effective date of this Agreement, and each year thereafter throughout the term of this Agreement. The work product required by this Agreement shall be utilized as the basis for review, and any comments or complaints received by City during the review period, either orally or in writing, shall be considered. City shall meet with Consultant prior to preparing the written report. If any noncompliance with the Agreement is found, City may direct Consultant to correct the inadequacies, or, in the alternative, may terminate this Agreement as provided herein. 18. Compliance with Laws. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. 19. Non -Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 20. Attorney's Fees. In the event that either party to this Agreement shall commence any legal or equitable action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees and costs, including costs of expert witnesses and consultants. 21. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during regular business hours or by facsimile before or during regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section. 22. Governing Law. This Contract shall be interpreted, construed and enforced in accordance with the laws of the State of California. 23. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument. 24. Entire Agreement. This Agreement, and any other documents incorporated herein by specific reference, represents the entire and integrated agreement between Consultant and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by the City Manager or the Mayor and attested by the City Clerk. 25. Exhibits. All exhibits referred to in this Agreement are incorporated herein by this reference. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. "CITY" ATTEST: CITY OF DIAMOND BAR By: By: Tommye Cribbins Steve Tye City Clerk Mayor Approved as to form: "CONSULTANT' 0 City Attorney ICG, Inc. Name of Company M Representative Title I C G Febuary 24, 2015 Bob Rose, Director of Community Services City of Diamond Bar 21825 Copley Drive Diamond Bar, CA 91765 Subject: Longview Park Swing Set Expansion Dear Mr. Rose: ICG Inc. is pleased to present the following scope of services related to the Longview Park Swing Set Expansion adjacent to the existing tot -lot. The following represents ICG's scope of work: Task 1 — Project Kick Off Meeting - $250 ICG will attend one (1) kick off meeting with City staff which will establish the program and basis for the overall design. ICG will obtain information in relation to the Longview Park project. Task 2 - Survey - $1,600 PBLA will complete a comprehensive survey of the existing site. This shall include elevations as well as existing topography. The property line will be located. Task 3 — Project Research/Base Plan Preparation - $400 PBLA will perform a records research on the site and will incorporate findings into the site survey. PBLA will use the site survey and records research information to assemble a comprehensive base plan which will be used for the layout of the design. Task 4 — Demolition Plan - $1,200 ICG will provide a 1"=20' demolition plan depicting the removals and items to remain protected in place. Existing site features for removal might include, but are not limited to: • Concrete paving • Soil removal • Turf removal • Irrigation removal (notes only) ICG shall also provide landscape and irrigation replacement/coordination notes for the affected swing set boundary limits. Task 5 - Grading Plan - $1,200 PBLA will prepare a grading plan including pad grades and limits; all slopes, rates of grades, high and low points; all existing and proposed contours. Earthwork quantities are also included. Task 6 - Construction Plan - $1,000 This plan shall designate the final placement of proposed site features. References to construction details and paving types shall be depicted as well as dimensioning as needed to relay the intention of the design and enable the selected contractor to construct the project. 419.5 Chino Hills Pkwy, Suite 222 Chi iio Hills, California 91709 Ph. ( 9 0 9 } 203.-7995 I C G Task 7 - Construction Details - $750 ICG shall prepare construction details for the proposed park elements that would include: concrete paving, play area curb, park bench, trash receptacle, play area surface material and drainage sump. Task 8 - Specifications - $500 Technical specifications shall be prepared in the desired format. These specifications will be provided in a "boiler plate" format and ICG shall modify the document accordingly. A complete bid list of quantities shall be provided indicating item descriptions, unit costs and totals. Task 9 — Preliminary Opinion of Probable Costs - $500 ICG will prepare a construction cost estimate including a minimum of a 10% contingency for budgetary purposes. The estimate will include all proposed items, units, unit costs, quantities and overall project costs as it relates to the comprehensive park master plan. Excluded services: • Landscape • Irrigation • Structural • Geotechnical Reports • Construction Administration • Construction Management ICG proposes to complete the project tasks listed above for a fixed fee of $7,400. ICG is additionally available to provide an expanded scope of services as the project progresses or the need arises. If you have any questions or require additional information, please feel free to contact myself at your earliest convenience. Kin Regards, Jy Scott AS LA President of ICG, Inc. The City of Diamond Bar acknowledges and agrees to the conceptual design services proposed by ICG, as listed above, and hereby enters into contract with ICG by signing below. Date Bob Rose For The City of Diamond Bar 4195 China HiIIs Pkwy, Su i t e 222 Chino I -lilts, C a Iifosaia 9 t 709 Ph. {909} 203-7995 Agenda # 6.5 Meeting Date: March 17. 2015 CITY COUNCILAGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Manager TITLE: APPROVAL OF CONTRACT AMENDMENT NO. 3 WITH FEHR & PEERS IN THE AMOUNT OF $18,000 FOR PROFESSIONAL SERVICES RELATED TO THE STATE ROUTE 57/60 FREEWAY CONGESTION RELIEF STRATEGY RECOMMENDATION: Approve. FINANCIAL IMPACT: Funding for this service will be provided through the Fiscal Year 2014-2015 Public Works/Engineering Operating Budget. In Fiscal Year 2014-2015, the current authorized contract amount is $43,170. Amendment No. 3 will increase the total authorized amount to $61,170. BACKGROUND/DISCUSSION: Fehr & Peers has been providing technical guidance/assistance regarding the SR -57/60 Grand Avenue Confluence Project. The current plan is to divide the Confluence Project into four (4) phases with multiple contract packages. By phasing the project, the Confluence Project can be built in a sequence that best utilizes available funds from the MTA and the City of Industry. The project phasing also follows a logical sequence that will facilitate construction activities in subsequent phases. The four (4) phases are: • Phase I — Construction of a $13 million westbound on-ramp from Grand Avenue. It is fully funded with MTA grant and local matching funds. (October 2015) Phase IIA — Construction of $16.8 million street widening improvements in the vicinity of Grand Avenue and Golden Springs Drive. It is fully funded with MTA grant and local matching funds. (July 2017) • Phase IIB — Construction of a $21.2 million westbound freeway off -ramp and an auxiliary lane to Grand Avenue. It is fully funded with TIGER and MTA grants and local matching funds. (April 2016) • Phase III — Construction of the freeway mainline improvements and by- pass connectors and is valued at $210 million. This phase and the "missing components" are in Metro's Long Range Transportation Plan slated for 2029. Vigorous efforts continue to create funding strategies that may implement this Phase III sooner. With the joint effort between the City of Industry, City of Diamond Bar, and the MTA, a Feasibility Study was completed in 2008 to evaluate alternatives for the "Big Fix" improvements at the SR -57/60 confluence/interchange. Several ideas from the 2008 MTA Feasibility Study have yet to be resolved as to whether they are desired and cost effective, and therefore, whether they should be included in the ultimate solution for the SR -57/60 confluence/interchange: 1. Extension of the northbound SR -57 HOV lanes through the SR -57/60 Interchange 2. Creating a direct connection from westbound SR -60 to Grand Avenue (eliminating the weave across southbound SR -57) 3. Building direct connections between SR -60 and SR -57 on the northern end of the confluence/interchange Resolving these questions is critical and timely, as the cities need to determine if these components are to be phased in after the Confluence Project is constructed and how to pursue the needed funds to build these remaining elements — should an updated feasibility study show they are worthy of implementing. In January 2013, the City Council directed staff to seek partners to: finalize a scope, fund the study, and guide the study. This updated feasibility study is valued between $300,000 and $400,000. With Fehr & Peers' assistance, staff secured a $100,000 "Partnership Planning" grant funds from Caltrans in August 2013. In October 2014, Fehr & Peers assisted in the preparation of a Caltrans Sustainable Transportation Planning Grant application, with a requested grant fund amount of $244,860. As stated in the application, the overall study objectives include: • Study the costs and benefits of the potential improvements. • Determine if the proposed improvements have sufficient benefits relative to their costs to justify moving forward for more detailed engineering and environmental review. • Develop preliminary cost estimates to more accurately reflect the costs of the proposed improvements, which will assist with regional planning efforts by SCAG and Metro. 2 Caltrans HQ is currently finalizing their decisions on the grant awards and will be sending preliminary notifications to all applicants by the end of this month. The $18,000 budgeted in this current fiscal year will more than adequately augment the professional traffic engineering services related to the SR -57/60 Freeway Congestion Relief Strategy. PREPARED BY: Davide. Liu. Director of Public Works Attachment: Contract Amendment No. 3 Date Prepared: March 10, 2015 Dianna Honeywell, Fi nce Director AMENDMENT NO. 3 TO CONSULTANT SERVICES AGREEMENT This Amendment No. 3 to Consultant Services Agreement ("Amendment No. 3") is made and entered into as of March 17, 2015, by and between the City of Diamond Bar, a municipal corporation ( "City"), and FEHR & PEERS, (herein referred to as the "Consultant") with reference to the following: A. The City and the Consultant entered into that certain Consultant Services Agreement dated as of October 18, 2011, which is incorporated herein by this reference (the "Original Agreement'); and B. The City and the Consultant desire to amend the Original Agreement to modify, amend and supplement certain portions of the Original Agreement. NOW, THEREFORE, the parties hereby agree as follows: 1. Defined Terms. Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Agreement. 2. Compensation. City agrees to compensate Consultant for each service which Consultant performs to the satisfaction of City. Total payment to Consultant pursuant to this Amendment No. 3 shall not exceed $61,170. 3. Integration. This Amendment No. 3 and all attachments hereto (if any) integrate all of the terms and conditions mentioned herein, and supersede all negotiations with respect hereto. This Amendment No. 3 amends, as set forth herein, the Original Agreement and except as specifically amended hereby, the Original Agreement shall remain in full force and effect. To the extent that there is any conflict or inconsistency between the terms and provisions of this Amendment No. 3 and the terms and provisions of the Original Agreement, the terms and provisions of this Amendment No. 3 shall control. IN WITNESS hereof, the parties enter into this Amendment No. 3 on the year and day first above written. 4 "CONSULTANT" FEHR & PEERS By: Printed Name: Title: By: Printed Name: Title: 5 "CITY" CITY OF DIAMOND BAR M Steve Tye, Mayor ATTEST: Tommye A. Cribbins, City Clerk APPROVED AS TO FORM: David DeBerry, City Attorney Agenda # _ 6. 6 Meeting Date: March 17, 2015 CITY COUNCILS AGENDA REPORT TIC,, r�8�� TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Manager TITLE: ADOPT RESOLUTION NO. 2015 -XX GRANTING AN EASEMENT FOR THE CONSTRUCTION, OPERATION AND MAINTENANCE OF SOUTHERN CALIFORNIA EDISON FACILITIES LOCATED ON LOT 63 OF TRACT 72295 COMMONLY REFERRED TO AS DIAMOND CANYON PARK RECOMMENDATION: Adopt Resolution and authorize the City Manager to sign the Grant of Easement. FINANCIAL IMPACT: This action has no financial impact on the City. BACKGROUNDIDISCUSSION: As part of the conditions of approval for Tract 72295 commonly known as the residential development, Willow Heights, the overhead power lines that ran along Diamond Bar Blvd. and Brea Canyon Road were required to be undergrounded. In order to accomplish this task, certain electrical supply systems and communication systems were required to be installed within the City owned Lot 63 of Tract 72295 commonly known as Diamond Canyon Park property. The easement document was prepared by Edison and reviewed and approved by both the Public Works/Engineering Department and the Community Services Department. The easement area, located within the Diamond Canyon Park just east of the Castle Rock Road cul-de-sac is outside of the active park area (i.e., parking lot, playground area, park bench area, etc.). PREPARED BY: DATE PREPARED: Kimberly M. Young, Senior Civil Engineer March 9, 2015 REVIEWEC) ' David G. Liu, , birector of Public Works Attachments: Resolution 2015 -XX Exhibit A -Grant of Easement RESOLUTION NO. 2015 -XX A RESOLUTION OF THE CITY COUNCIL OF DIAMOND BAR GRANTING AN EASEMENT FOR THE CONSTRUCTION, OPERATION AND MAINTENANCE OF SOUTHERN CALIFORNIA EDISON FACILITIES LOCATED ON LOT 63 TRACT 72295 COMMONLY REFERRED TO AS DIAMOND CANYON PARK WHEREAS, Southern California Edison Company, a corporation, is requesting the City of Diamond Bar to grant an exclusive easement more particularly described in the Grant of Easement for the construction, operation and maintenance of Southern California Edison facilities, attached hereto as Exhibit "A"; WHEREAS, the City Engineer has reviewed, approved and recommends granting of the Grant of Easement for the Construction, Operation and Maintenance of Southern California Edison facilities; and WHEREAS, all legal prerequisites to the grant of the easement and the adoption of this resolution have occurred. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Diamond Bar does hereby find and determine as follows: That all of the facts set forth in the recitals of this resolution are true and correct. 2. The City Council of the City of Diamond Bar does hereby grant an Easement for the Construction, Operation and Maintenance of Southern California Edison facilities in the form attached hereto as Exhibit "A" and consents to recordation of this Grant of Easement for the Construction, Operation and Maintenance of Southern California Edison facilities. 3. The City Manager is authorized to execute the Grant of Easement. APPROVED AND ADOPTED this 17th day of March, 2015. Steve Tye, Mayor Attest: Tommye Cribbins, City Clerk 1075317.1 I, TOMMYE A. CRIBBINS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, adopted and approved at a regular meeting of the City Council of the City of Diamond Bar held on the 17th day of March 2015, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Tommye A. Cribbins, City Clerk City of Diamond Bar 1075317.1 RECORDING REQUESTED BY St7l,?fnRk CAIR0t3K7A EDISON WHEN RECORDED MAIL TO SOUTHERN CALIFORNIA EDISON COMPANY Real Properties 2131 Walnut Grove Avenue, 3"° Floor Rosemead. CA 91710 Atm: Distribudonf 'RES GRANT OF EASEM EN'T i161MR12MIZI THE CITY OF DIAMOND BAR (hereinafter referred to as "Grantor" ), hereby grants to SOUTHERN CALIFORNIA EDISON COMPANY, a corporation, its successors and assigns (hereinafter referred to as " Grantee"), an easement and right of way to. construct, use, maintain, operate, alter, add to, repair, replace, reconstruct, inspect and remove at any time and from time to time overhead and underground electrical supply systems and communication systems (hereinafter referred to. as "systems"), consisting of poles, guys and anchors, crossarms, wires-, underground conduits, cables, vaulis, manholes, handholes, and including aboveground enclosures, markers and concrete pads and other appurtenant fixtures and equipment necessary or useful for distributing electrical energy and for transmitting intelligence by electricalmeans, in, on, over, under, across and along that certain real property in the County of Los Angeles, State of California, described as follows : FOR LEGAL DESCRIPTION, SEE EXHIBITS "A' AND "B", BOTH ATTACHED HERETO AND MADE A PARTHEREOF. OF. Cantor agrees for himself, his heirs and assigns, not to erect, place or maintain, nor to permit the erection, placement or maintenance of any building, planter boxes, earth fill or other structures except walls and fences on the hereinbefore described easement area. The Grantee, and its contractors, agents and employees, shall have the right to trim or top such trees and to cut such roots as may endanger or interfere with said systems and shall have free access to said systems and every parr thereof, at all tines, for the purpose of exercising the rights herein granted; provided, however, that in making any excavation on said property of the Grantor, the Grantee shall make the same in such a manner as will cause the least injury to the surface of the ground around such excavation, and shall replace the earth so removed by it and restore the surface of the ground to as near the same condition as it was prior to such excavation as is practicable. EXECU FED this Cite\ of 20 A notary public or other o document, to which this c, ,State of California County of _ m On GRANTOR I'l iE CITY OF DIAMOND BAR. Signature Print Natne Title Completing this certificate verifies only the identity of the individual who signed the m is attached. and not the truthfulness, accuracy, or validity of that document, before me - _._... _ notary public, (here insert name) personally appeared _ ., who proved to me on the basis of satisfactor4 evidence to be the person(s) whose names) is/arc subscribed to the within instrument and achztowledged to me that he/shelthey executed the same in hislherltheir authorized cupachy(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity uuott behalf of which the person(s) acted, executed the instrument. I certify under PBN'AL`iY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct WITNESS my hand and officiat seal - (This area for notary stamp) 2 DSF801320885 TD789504 EXECt;TFD this day of A notary public or other is State ofCahfornia f;oua€p On - _-- before me, GRANTEE SO THERN" CALIFORNIA EDISON COMPANY, a corporation Signature Print NIMe Title this eenificate verifies only the sd, and not the truthfuirwss, ace (here insert name) or signed the notary public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose uaric(s) islare subscribed to the wuhni instrument and acknowiedged to me that he,'shelthey executed the same in his/herltheir authorized capacity0es), and that by hisAtertheir signatore(s) on the instrument the peroo(sf or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Cahfomia that the foregoing paragraph is true and correct WUPNESS my ,and and official seal (This area for notary stamp) 3 DSL801320895 TD789504 EXHIBIT "A" VARIOUS STRIPS OF LANDLY!NG WITHIN LOT 63 OF TRACT NO 72"91 AS PER mAP FJ!,FD IN BOOK 1380, PAGES 18 THROUGH 218 OF FLAPS, IN ITIL OFFICII OF THE COUN-1Y PECOKDER OF SAID COUNTY- DESCRJRED AS 1-01 LOWS: STRIP Irl (15.50 FEET WIDE) (UNDERGROUND ONLY) -1 14L NOR I HWESTERLYLINE OF SAID STRIP BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST WESTERLYCORNFR, OF SAID LOT 63: THENCE AI,O",'C, ]'HE NORTHWESTERLY LINE OF SAID LOT 63, NORTH 58'02'03- FAST 18.25 FEET TO A POINT OF FNDINGSAID POINT HEREINAFTER REFERRED TO AS POINT 'A", EXCEPTING TIIEREFRO\4'FIIA'1'1'0k'rl()N'l.YIXG WITHIN' CASTLE ROCK ROAD, STRIP t12 (?00 FEET WIDE) (UNDERGROUND 0',"'I,Y) THE NORTHWESTERLY LINE OF SAID STRIP BEING DESCRIBED AS FQLLOWS: BEGINNING AT SAID POINT "A"; THENCE ALONG THE NORTHWESTERLY FINE OF SAID LOT 63, NORTH 58°02'03" EAST 1-53 FEET' f'Ol']IEBL�GINNINIGOFA'f"ANGEN'I'CURVE IN FFIENORTHWFSTERLY LINE OF SAID LOT 63, CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 1040.00 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 02"59'131' AN ARC DISTANCE OF54.22 FEE: TTO A POINT OF ENDING. STRIP '3 (6.00 FEET WIDE) (UNDERGROUND ONLY) THE CENTERLINE OF SAID STRIP BEING DESCRIBED AS FOLLOWS: COMMENCING AT SAID POINT "A": THENCE SOU f I 13 1'57 57- EAST 6,50 FEETTOTIIE TRUE POINT' OF BEGINNING; 'THENCE NORTH 58'02'03" EAST 7.41 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE 1-0 -THE SOUTI f AND I IAVING A RADIUS OF 12.50 FEET, THENCE NORTHEAST ERLY, EASTERLY, AND SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 8736'46- AN ARC DISTANCE OF 19.11 PEE' :THENCE sourll 34'2f'] I" EAST 129.07 FEET'; THENCE SOUTH 05058'10" WEST 22.94 FEETTO A POINT OF ENDING IN THESOUTHWESTERLY LINE OF SAID LOT 63 - THE SIDELINES OF SAID STRIP ARFTO BF, PROI,,QNGFD OR SHORTENED TO TER.-MINATE, SOUTHERLY IN THE SOUTHWESTERLY AND SOUTHEASTERLY LlNESOF SAID LOT 61 EXCEPTING THEREFROM THAT PORTION LYING wvrmN SAID STRIP #2 STRIP #4 (6,00 FEET WIDE) (OVERHEAD ONLY) THE SOUTHEASTERLY LINE OF SAID STRIP BRING DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY CORNER OF SAID LOT 63; THENCE ALONG THE SOUT14EASTLRLY LINE OF SAID LOT 63, NORTH 30 5T 17' EAST 30.00 FEET TO A POINT OF ENDING. THE NORTHWESTERLY SIDELINE OF SAID STRIP IS TO BE SHORTENED To TFRMINATE. SOUTHWESTERLY INITHE SOUTHWESTERLY LINE OF SAID LOT 63, DSE801320885 TD799504 FOR SKETCH TO ACCOMPANY L.E(3Al, Df -SCRIP] ION, SEF. FX I I] B I V 4B" ATTACHM I iERFTO AN.") MADF A PART HERECT, Prepared by me or under lll�, superv�isiiom: Dated: 2015 Glenn M, Bakke R. C.E. #[8619 Fxp-. 06-30-2015 ESS'OA No. 0-18619 Exp OF C A DSF.90 132088-5 TD789504 w PT. "A"' E � P.O.B. STRIP #1 i 01 0 ylpNQ STRIP #2 7 WIDE UNDERGROUND ONLY STRIP #1 ` \ 15.5' WIDE \ \ \ UNDERGROUND ONLY QRpFESS104,,4 M. w � Nu. G -186T9 � a � Civ OF CURVE TABLE [CURVE I LENGTH: RADIUS DEI TA C1 19.11' 12.50' 87'36'46" STRIP #3 6' WIDE UNDERGROUND ONLY Dote: ,, J,r; 2015 Genn M. Bakke R-C.E. # 18619 Exp. 06-30-2015 .OMM — Z, LEGEND i ---I DENOTES UNDERGROUND L -J SCE EASEMENT AREA DENOTES OVERHEAD 4:J SCE EASEMENT AREA P.O.B. = POINT OF BEGINNING LOT 63 TRACT NO. 72295 M.B. 1380118-28 LOS ANGELES COUNTY STRIP #4 6' WDE 4\ \ \\ OVERHEAD ONLY \ NN P.O.B. STRIP #4 LINE TABLE LINE LENGTH BEARING L7 L2 L3 _ 1.53' 6.50' 7.41' I N58"02`03"E 531`57'57"E._.. N58"02`03"E 14 129.07' 534'21'11 T 15 22.94' S05'58'1O":W'___. STRIP #3 6' WIDE UNDERGROUND ONLY Dote: ,, J,r; 2015 Genn M. Bakke R-C.E. # 18619 Exp. 06-30-2015 .OMM — Z, LEGEND i ---I DENOTES UNDERGROUND L -J SCE EASEMENT AREA DENOTES OVERHEAD 4:J SCE EASEMENT AREA P.O.B. = POINT OF BEGINNING LOT 63 TRACT NO. 72295 M.B. 1380118-28 LOS ANGELES COUNTY STRIP #4 6' WDE 4\ \ \\ OVERHEAD ONLY \ NN P.O.B. STRIP #4 CITY COUNCIL Agenda # R _ 1 Meeting Date: March 17, 2015 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Manager TITLE: APPROVAL OF THREE-YEAR AGREEMENT WITH AMERICAN CAB CO, LLC, DBA YELLOW CAB, FOR DIAL -A -RIDE (DIAMOND RIDE) SERVICES BEGINNING JULY 1, 2015, THROUGH JUNE 30, 2018, WITH AN OPTION FOR TWO ONE YEAR EXTENSIONS. RECOMMENDATION: Approve. FISCAL IMPACT: Approximately $350,000 annually, exclusively funded through Proposition C Local Return funds. BACKGROUND: The City's Diamond Ride (or "dial -a -cab") program was originally established in April 1995 to provide supplemental transportation for residents 60 years and older ("seniors") or disabled adults 18 years and older. The City has modified the program over the years to improve service and ensure fiscal sustainability, with the most recent program modifications going into effect in December 2014. The Diamond Ride program has approximately 1,300 active cardholders, with most trips taking place inside City limits and to medical facilities within Service Area 2. The program is operational from 7am-8pm daily, with riders eligible to schedule same day trips with up to 30 one-way or 15 round trips per month. The City's existing service boundaries include: • Service Area 1 ($.50): Trips to/from any destination within Diamond Bar city limits. • Service Area 2 ($1.50): Trips to/from medical facilities beyond Diamond Bar city limits in the area bound by San Bernardino (1-10) Freeway to the north, Azusa/Harbor to the west, Imperial Hwy to the south, Carbon Canyon Rd/Chino Hills Pkwy to Ramona Avenue on the east. The St. Jude Hospital Medical Campus in Fullerton and Pomona Valley Hospital Medical Campus are included in Service Area 2. • Trips extending beyond the established service area boundaries are subject to a $2.50 cab fare in addition to the regular Diamond Ride fare for the specified trip (known as a "cab conversion"). Diversified Paratransit, the parent company of Yellow Cab, recently approached the City about the proposed sale of their Yellow Cab operations in this region to American Cab. Diversified lost their contract renewal with Pomona Valley Transpiration Authority (PVTA) to American Cab. Effective February 16, 2015, the sale was complete and American Cab took over all current Yellow Cab operations in the City of Diamond Bar, Walnut, Covina, and the new PVTA service area, including all Yellow Cab assets (local office and taxis). American Cab agreed to maintain the current Diamond Ride dispatch center telephone number and operate the program under the City's current program guidelines to ensure a smooth transition through the remainder of the existing contract, which expires June 2015. The City had previously released a Request for Proposals (RFP) for Dial -A -Cab services in early January 2015, prior to the notification of the potential sale of Yellow Cab. REQUEST FOR PROPOSALS The City's current Diamond Ride agreement with Yellow Cab has been in effect since 2010, as a result of a Request for Proposalsreleased in November 2009. As is customary practice, the RFP was drafted by staff in consultation with the City Attorney and was distributed on January 12, 2015 to eleven (11) transportation companies in the region. Three transportation companies provided proposals by the February 19, 2015 deadline, including American Cab, American Transportation Systems (ATS), and California Yellow Cab. Staff utilized the following criteria to evaluate all proposals: operational capabilities, current ridership, and cost. Of the three proposals, only American Cab and California Yellow Cab have the operational capabilities to conduct dial -a -cab programs. Additionally, both companies have current ridership and fleet resources to meet the demands of the City's program. Based on preliminary review, ATS was eliminated from consideration. Below is a brief summary of the estimated annual cost for all three transportation companies based on the information contained in their proposal and current ridership after the December 2014 modifications went into effect. Table 1: Proiected Cost Analvsis Based on staff review, American Cab's proposal was deemed to be the most responsive bidder when taking into account current operational capabilities, ridership, and cost. While higher than the ATS proposal, American Cab's proposal cost structure is significantly more economical of the two most appropriate dial -a -ride proposals, and has the operational capabilities to meet the demands of the City's premier Diamond Ride standards. American Cab has also proposed to integrate a suite of technological advancements into their Yellow Cab operations such as GPS based mapping, as well as video cameras for driver and passenger safety. Additionally, American Cab has proposed to integrate Cabconnet's CardONE system into Diamond Ride, providing residents with multiple payment options, ability to get estimated cost for trips American Cab ATS California Yellow Cab Flag Drop (F.D) $11,275 ($2.50/flag drop) $6,765 ($1.50/flag drop) $15,785 ($3.50/flag drop) Vehicle Miles $42,455 ($2.50/mile) $42,455 ($2.50/mile) $46,701 ($2.75/mile) Admin Charge None None $4,999 (8%) Farebox/CredltS $2,925.25 $2,925.25 $2,925.25 Total $50,805 $46,295 $64,559 Cost Per Month $25,402.38 $23,147.38 $32,279.55 Estimated Annual Cost $304,828.50 $277,768.50 $387,354.54 Based on staff review, American Cab's proposal was deemed to be the most responsive bidder when taking into account current operational capabilities, ridership, and cost. While higher than the ATS proposal, American Cab's proposal cost structure is significantly more economical of the two most appropriate dial -a -ride proposals, and has the operational capabilities to meet the demands of the City's premier Diamond Ride standards. American Cab has also proposed to integrate a suite of technological advancements into their Yellow Cab operations such as GPS based mapping, as well as video cameras for driver and passenger safety. Additionally, American Cab has proposed to integrate Cabconnet's CardONE system into Diamond Ride, providing residents with multiple payment options, ability to get estimated cost for trips over the phone, and integrating the City's service areas into their computer database to ensure proper trip billing and reducing the likelihood of fraud. FINANCIAL ANALYSIS: Since the program's inception in 1995, the City has spent approximately $7 million to fund the Diamond Ride program. Based on existing projections, it is anticipated that Diamond Ride will cost $475,000 for FY2014-15, and approximately $350,000 annually from FY2015-16 thereafter. Diamond Ride is funded exclusively by Proposition C Local Return (Prop. C) funds, which are monies generated by the collection of a County -wide half -cent sales tax, 20% of which is then distributed to local agencies based on a per capita formula. The recently approved 2014 program modifications will ensure that Diamond Ride programmatic costs will be in line with revenue for the near future. RECOMMENDATION: It is recommended that the City Council award a three year agreement to American Cab, dba Yellow Cab, from July 1, 2015 through June 30, 2018, with an option for two (2) one-year extensions. Prepared by: Anthony Santos Sr. Management Analyst Attachments: 1. Agreement. 2. American Cab Proposal. 3. City Request for Proposals. 4. Diamond Ride Program Guidelines. Reviewed by: Ryan'@vl can Deput ity Manager Attachment 1 THIS AGREEMENT (the "Agreement") is made as of March 17 , 2015 by and between the City of Diamond Bar, a municipal corporation ("City") and American Cab Co, LLC, dba Yellow Cab . ("CONTRACTOR"). A. City desires to utilize the services of Contractor as an independent contractor to provide services to City as set forth in Exhibit "A", the City's Request for Proposals dated January 12, 2015; B. Whereas, the City desires to retain CONTRACTOR provide Dial -A -Cab services to the eligible elderly (60 years and older) and adult persons (18 years and older) with disabilities who reside in Diamond Bar: and C. Whereas, CONTRACTOR operates a local taxicab service and is, therefore, capable of providing the Dial -A -Cab service. Now, therefore, City and CONTRACTOR agree as follows: 1. CONTRACTOR's Services. Subject to the terms and conditions set forth in this Agreement CONTRACTOR shall provide to the reasonable satisfaction of the City the services set forth in the attached Exhibit "A", which is incorporated herein by this reference and in accordance with CONTRACTOR'S Proposal submitted in response to City's Request for Proposal, attached hereto as Exhibit "B" and incorporated herein by reference. As a material inducement to the City to enter into this Agreement, CONTRACTOR represents and warrants that it has thoroughly investigated the work and fully understands the difficulties and restrictions in performing the work. CONTRACTOR represents that it is fully qualified to perform such CONTRACTOR services by virtue of its experience and the training, education and expertise of its principals and employees. The City Manager or authorized representative, (herein referred to as the "City's Project Manager"), shall be the person to whom the CONTRACTOR will report for the performance of services hereunder. It is understood that CONTRACTOR shall coordinate its services hereunder with the City's Project Manager to the extent required by the City's Project Manager, and that all performances required hereunder by CONTRACTOR shall be performed to the satisfaction of the City's Project Manager. Services to be performed by CONTRACTOR in connection with the subject of this agreement shall be as follows: A. Pick up and transport eligible users upon telephone request within the hours of service identified and within the stated service area boundaries as identified in Exhibit "C" of this Agreement. B. Accept telephone requests from eligible users for Dial -A -Cab service and dispatch a taxicab to the pick-up location. A taxicab will have a 15 -minute pick-up window. Taxi cab dispatcher will be responsible for notifying eligible users of the 15 -minute pick-up window when the user calls to schedule a trip. If a taxi cab arrives more than 40 minutes after the users scheduled trip reservation, the user will ride free of charge, and the City will not be billed for any portion of the trip. C. Shared rides shall be coordinated by CONTRACTOR to the maximum extent possible. D. Eligible users shall pay a set fare per trip, as determined by the City. CONTRACTOR will invoice the City for each trip at the City approved taxicab meter rate in effect at that time. All fares collected by CONTRACTOR from the eligible user are the property of the City. The total amount of such fares shall be retained by CONTRACTOR and deducted from the billing statement. CONTRACTOR may accept fare tickets only if authorized to do so in writing by the City. E. CONTRACTOR shall gather ridership data and report such information to the City Project Manager on a monthly basis. More frequent reporting will be acceptable. The type of data to be collected shall be determined by the City Project Manager. shall 2. Services Provided by City. In connection with the service and this agreement, the City A. Designate hours of service and geographical boundaries of service. B. Set public fares for the service. C. Give prompt written notice to CONTRACTOR when City Project Manager observes or otherwise becomes aware of any deficiency in CONTRACTOR'S service. D. The City reserves the right to order an increase or decrease in the level of service provided with thirty (30) days written notice. 3. Term of Agreement. This Agreement shall take effect July 1 , 2015, and shall continue until June 30, 2018, with the option, at the City's sole discretion, to award two (2) annual extensions upon successful demonstration of exemplary contract performance, unless earlier terminated pursuant to the provisions herein. The parties may, by an amendment mutually agreed upon, extend this Agreement beyond the two annual extensions. 4. Compensation. City agrees to compensate CONTRACTOR for each service which CONTRACTOR performs to the satisfaction of City in compliance with the scope of services (Exhibit "A") and CONTRACTOR'S proposal (Exhibit "B"). Payment will be made only after submission of proper invoices in the form specified by City. CONTRACTOR's provision of services herein and the City's payment for such services is subject to appropriations therefore being authorized by City's City Council. 5. Payment. A. For each trip CONTRACTOR will invoice the City at the taxicab flag drop and meter rates stated in Form #1 of Exhibit "B". Charges are to be based on flag drop and mileage only, not on periods of time. All fares collected by the CONTRACTOR from eligible users are the property of the City. The total amount of such fares shall be retained by the CONTRACTOR and deducted from the total trip charges invoiced to the City. To the extent such fares have been properly deducted, such fares shall become the property of the CONTRACTOR. B. All such invoices shall state the basis for the amount invoiced, including services completed, the number of hours spent and any extra work performed. C. City will pay CONTRACTOR the amount properly invoiced within 35 days of receipt. D. Payment shall constitute payment in full for all services, authorized costs and authorized extra work covered by that invoice. 6. Change Orders. No payment for extra services caused by a change in the scope or complexity of work, or for any other reason, shall be made unless and until such extra services and a price therefore have been previously authorized in writing and approved by the City Manager or his designee as an amendment to this Agreement. The amendment shall set forth the changes of work, extension of time, if any, and adjustment of the fee to be paid by City to CONTRACTOR. 7. Priority of Documents. In the event of any inconsistency between the provisions of this Agreement and any attached exhibits, the priority of documents shall be first this Agreement, second the scope of services (Exhibit "A"), third the Service the CONTRACTOR's Proposal (Exhibit "B 8. Status as Independent Contractor. A. CONTRACTOR is, and shall at all times remain as to City, a wholly independent contractor. CONTRACTOR shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent, except as specifically provided herein. Neither City nor any of its agents shall have control over the conduct of CONTRACTOR or any of CONTRACTOR's employees, except as set forth in this Agreement. CONTRACTOR shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner employees of City. B. CONTRACTOR agrees to pay all required taxes on amounts paid to CONTRACTOR under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. In the event that City is audited by any Federal or State agency regarding the independent contractor status of CONTRACTOR and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between City and CONTRACTOR, then CONTRACTOR agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto. C. CONTRACTOR shall fully comply with Workers' Compensation laws regarding CONTRACTOR and CONTRACTOR's employees. CONTRACTOR further agrees to indemnify and hold City harmless from any failure of CONTRACTOR to comply with applicable Worker's Compensation laws. D. CONTRACTOR shall, at CONTRACTOR's sole cost and expense fully secure and comply with all federal, state and local governmental permit or licensing requirements, including but not limited to the City of Diamond Bar, South Coast Air Quality Management District, and California Air Resources Board. E. In addition to any other remedies it may have, City shall have the right to offset against the amount of any fees due to CONTRACTOR under this Agreement any amount due to City from CONTRACTOR as a result of CONTRACTOR's failure to promptly pay to City any reimbursement or indemnification required by this Agreement or for any amount or penalty levied against the City for CONTRACTOR's failure to comply with this Section. 9. Standard of Performance. CONTRACTOR shall perform all work at the standard of care and skill ordinarily exercised by members of the profession under similar conditions and represents that it and any subcontractors it may engage, possess any and all licenses which are required to perform the work contemplated by this Agreement and shall maintain all appropriate licenses during the performance of the work. 10. Indemnification. CONTRACTOR shall indemnify, defend with counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers ("Indemnitees") from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys' fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with: (1) Any and all claims under Worker's Compensation acts and other employee benefit acts with respect to CONTRACTOR's employees or CONTRACTOR's contractor's employees arising out of CONTRACTOR's work under this Agreement; and (2) Any and all claims arising out of CONTRACTOR's performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, regardless of City's passive negligence, but excepting such loss or damage which is caused by the sole active negligence or willful misconduct of the City. Should City in its sole discretion find CONTRACTOR's legal counsel unacceptable, then CONTRACTOR shall reimburse the City its costs of defense, including without limitation reasonable attorneys' fees, expert fees and all other costs and fees of litigation. The CONTRACTOR shall promptly pay any final judgment rendered against the Indemnitees. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement. Except for the Indemnitees, this Agreement shall not be construed to extend to any third party indemnification rights of any kind. 11. Insurance. A. CONTRACTOR shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company authorized to do business in the State of California and approved by the City the following insurance: (1) a policy or policies of broad -form comprehensive general liability insurance written on an occurrence basis with minimum limits of $1,000,000.00 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by CONTRACTOR, its officers, employees, agents, and independent contractors in performance of services under this Agreement; (2) property damage insurance with a minimum limit of $1,000,000.00 per occurrence; (3) automotive liability insurance written on an occurrence basis covering all owned, non -owned and hired automobiles, with minimum combined single limits coverage of $5,000,000.00; and (4) Worker's Compensation insurance when required by law, with a minimum limit of $1,000,000.00 or the amount required by law, whichever is greater. B. The City, its officers, employees, agents, and volunteers shall be named as additional insureds on the policies as to comprehensive general liability, property damage, and automotive liability. The policies as to comprehensive general liability, property damage, and automobile liability shall provide that they are primary, and that any insurance maintained by the City shall be excess insurance only. C. All insurance policies shall provide that the insurance coverage shall not be non - renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City at least ten (10) day's prior written notice thereof. CONTRACTOR agrees that it will not cancel, reduce or otherwise modify the insurance coverage and in the event of any of the same by the insurer to immediately notify the City. D. All policies of insurance shall cover the obligations of CONTRACTOR pursuant to the terms of this Agreement and shall be issued by an insurance company which is authorized to do business in the State of California or which is approved in writing by the City; and shall be placed have a current A.M. Best's rating of no less than A-, VII. E. CONTRACTOR shall submit to City (1) insurance certificates indicating compliance with the minimum insurance requirements above, and (2) insurance policy endorsements or a copy of the insurance policy evidencing the additional insured requirements in this Agreement, in a form acceptable to the City. F. Self -Insured Retention/Deductibles. All policies required by this Agreement shall allow City, as additional insured, to satisfy the self-insured retention ("SIR") and/or deductible of the policy in lieu of the CONTRACTOR (as the named insured) should CONTRACTOR fail to pay the SIR or deductible requirements. The amount of the SIR or deductible shall be subject to the approval of the City. CONTRACTOR understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by CONTRACTOR as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should City pay the SIR or deductible on CONTRACTOR's due to such failure in order to secure defense and indemnification as an additional insured under the policy, City may include such amounts as damages in any action against CONTRACTOR for breach of this Agreement in addition to any other damages incurred by City due to the breach. G. Subrogation. With respect to any Workers' Compensation Insurance or Employer's Liability Insurance, the insurer shall waive all rights of subrogation and contribution it may have against the Indemnitees. H. Failure to Maintain Insurance. If CONTRACTOR fails to keep the insurance required under this Agreement in full force and effect, City may take out the necessary insurance and any premiums paid, plus 10% administrative overhead, shall be paid by CONTRACTOR, which amounts may be deducted from any payments due CONTRACTOR. I. CONTRACTOR shall include all subcontractors, if any, as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor to the City for review and approval. All insurance for subcontractors shall be subject to all of the requirements stated herein. 12. Confidentiality. CONTRACTOR in the course of its duties may have access to confidential data of City, private individuals, or employees of the City. CONTRACTOR covenants that all data, documents, discussion, or other information developed or received by CONTRACTOR or provided for performance of this Agreement are deemed confidential and shall not be disclosed by CONTRACTOR without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. CONTRACTOR's covenant under this section shall survive the termination of this Agreement. Notwithstanding the foregoing, to the extent CONTRACTOR prepares reports of a proprietary nature specifically for and in connection with certain projects, the City shall not, except with CONTRACTOR's prior written consent, use the same for other unrelated projects. 13. Ownership of Materials. Except as specifically provided in this Agreement, all materials provided by CONTRACTOR in the performance of this Agreement shall be and remain the property of City without restriction or limitation upon its use or dissemination by City. CONTRACTOR may, however, make and retain such copies of said documents and materials as CONTRACTOR may desire. 14. Maintenance and Inspection of Records. In accordance with generally accepted accounting principles, CONTRACTOR and its subcontractors shall maintain reasonably full and complete books, documents, papers, accounting records, and other information (collectively, the "records") pertaining to the costs of and corri letion of services performed under this Agreement. The City and any of their authorized representatives shall have access to and the right to audit and reproduce any of CONTRACTOR's records regarding the services provided under this Agreement. CONTRACTOR shall maintain all such records for a period of at least three (3) years after termination or completion of this Agreement. CONTRACTOR agrees to make available all such records for inspection or audit at its offices during normal business hours and upon three (3) days' notice from the City, and copies thereof shall be furnished if requested. 15. Financial Audit. City may conduct a periodic audit of CONTRACTOR no more than once per calendar year. The scope of the audit, and auditing party, will be determined by City and the scope may include, but is not limited to, compliance with terms of this Agreement, customer service levels and billing, fee payments, and call center response time. CONTRACTOR will reimburse to the City the cost of such audits (including audits conducted by City staff) up to $15,000 per audit. Should an audit conducted or authorized by the City disclose that fees payable to CONTRACTOR were overpaid by two percent (2%) or more, or that more than two percent (2%) of the eligible users were inaccurately billed based on the auditor's sampling, for the period under review, City may expand the scope of the audit. Should an audit disclose that fees payable to the CONTRACTOR were overpaid or that eligible users were overcharged for the period under review, Contractor shall pay to City any overcharges within thirty (30) days following the date of the audit, or the City shall credit such amounts against future fees payable to Contractor. 16. Conflict of Interest. A. CONTRACTOR covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by CONTRACTOR under this Agreement, or which would conflict in any manner with the performance of its services hereunder. CONTRACTOR further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, CONTRACTOR shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement. B. CONTRACTOR covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of hardware or software to City as a result of the performance of this Agreement. CONTRACTOR's covenant under this section shall survive the termination of this Agreement. 17. Termination. The City may terminate this Agreement with or without cause upon thirty (30) days' written notice to CONTRACTOR. The effective date of termination shall be upon the date specified in the notice of termination, or, in the event no date is specified, upon the fifteenth (15th) day following delivery of the notice. In the event of such termination, City agrees to pay CONTRACTOR for services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written notice of termination, CONTRACTOR shall discontinue performing services, unless the notice provides otherwise, except those services reasonably necessary to effectuate the termination. The City shall be not liable for any claim of lost profits. 18. Personnel/Designated Person. CONTRACTOR represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by CONTRACTOR or under it supervision, and all personnel engaged in the work shall be qualified to perform such services. Except as provided in this Agreement, CONTRACTOR reserves the right to determine the assignment of its own employees to the performance of CONTRACTOR's services under this Agreement, but City reserves the right in its sole discretion to require CONTRACTOR to exclude any employee from performing services on City's premises. 19. Non -Discrimination and Equal Employment Opportunity. A. CONTRACTOR shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement, and will comply with all rules and regulations of City relating thereto. Such nondiscrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. B. CONTRACTOR will, in all solicitations or advertisements for employees placed by or on behalf of CONTRACTOR state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. C. CONTRACTOR will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials. 20. Time Is of the Essence. Time is of the essence in this Agreement. CONTRACTOR shall do all things necessary and incidental to the prosecution of CONTRACTOR's work. 21. Assignment. CONTRACTOR shall not assign or transfer any interest in this Agreement nor the performance of any of CONTRACTOR's obligations hereunder, without the prior written consent of City, and any attempt by CONTRACTOR to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect. 22. Compliance with Laws. CONTRACTOR shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. 23. Non -Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to CONTRACTOR constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of CONTRACTOR, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 24. Attorney's Fees. In the event that either party to this Agreement shall commence any legal or equitable action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees and costs, including costs of expert witnesses and CONTRACTORS. 25. Mediation. Any dispute or controversy arising under this Agreement, or in connection with any of the terms and conditions hereof, which cannot be resolved by the parties, may be referred by the parties hereto for mediation. A third party, neutral mediation service shall be selected, as agreed upon by the parties and the costs and expenses thereof shall be borne equally by the parties hereto. The parties agree to utilize their good faith efforts to resolve any such dispute or controversy so submitted to mediation. It is specifically understood and agreed by the parties hereto that mutual good faith efforts to resolve the same any dispute or controversy as provided herein, shall be a condition precedent to the institution of any action or proceeding, whether at law or in equity with respect to any such dispute or controversy. 26. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during regular business hours or by facsimile before or during regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section. "CONTRACTOR" "CITY" American Cab Co, LLC City of Diamond Bar 72048 Woburn Court 21810 Copley Drive Thousand Palms, CA 92276 Diamond Bar, CA 91765-4178 Phone: (760) 300-0000 Phone: (909) 839-7000 Attn.: Greg Klibanov, CEO Attn: James DeStefano, City Manager 27. Governing Law. This Agreement shall be interpreted, construed and enforced in accordance with the laws of the State of California. 28. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument. 29. Entire Agreement. This Agreement, and any other documents incorporated herein by reference, represent the entire and integrated agreement between CONTRACTOR and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by a person duly authorized to do so under the City's Purchasing Ordinance. IN WITNESS of this Agreement, the parties have executed this Agreement as of the date first written above. "CONTRACTOR" AMERICAN CAB CO, LLC Printed Name: Title: By: Printed Name: Approved as to form: M David DeBerry, City Attorney 11C ity" CITY OF DIAMOND BAR M Steve Tye, Mayor ATTEST: Tommye Cribbins, City Clerk *NOTE: If CONTRACTOR is a corporation, the City requires the following signature(s): - (9) the Chairman of the Board, the President or a Vice -President, AND (2) the Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer. If only one corporate officer exists or one corporate officer holds more than one corporate office, please so indicate. OR The corporate officer named in a corporate resolution as authorized to enter into this Agreement. A copy of the corporate resolution, certified by the Secretary close in time to the execution of the Agreement, must be provided to the City. DIAMOND #2 �v Q 60 F N Q _ O 0 i Imperial Hwy. C,16w°O TN —k 3/17/2015 2 REQUEST FOR PROPOSALS SELECTION PROCESS - Based on preliminary review, ATS was eliminated from consideration. 3/17/2015 11 Kln Drnnrnm Mnrlifi^+ +;nnc ire Enhancements 3/17/2015 TO: FROM: ADDRESS: CITY CLERK ORGANIZATION: AGENDA#/SUBJECT: N �r 1 PVty� DATE: 3 V/ j 4D 00l PHONE: (N&)6q'q--7t J ii-- 1 AD,('4 (Optional) %/j n 4r,£' (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. q= Signature This document is a public record subject to disclosure under the Public Records Act. VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK 4�rj °°J'��✓Yj� FROM: tv/1// )` ) DATE: z ADDRESS: a3� PHONE: ptional) (Optional) ORGANIZATION: AGENDA#/SUBJECT: -/4)/- I expect /4)/- expect to address the Council on the subject agenda/subject item. Please have the Council Minutes reflect my name and address as written above. 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