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HomeMy WebLinkAbout100615 - Agenda - Regular MeetingTuesday, October 6, 2015 5:30 p.m. - Study Session - Room CC -8 6:30p.m. - Regular Meeting The Government Center South Coast Air Quality Management District/ Main Auditorium 21865 Copley Drive, Diamond Bar, CA 91765 Steve Tye Nancy A. Lyons Mayor Mayor Pro Tem Carol Herrera Jimmy Lin Jack Tanaka Council Member Council Member Council Member City Manager James DeStefano City Attorney David DeBerry e City Clerk Tommye Cribbins Copies of staff reports or other written documentation relating to agenda items are on file in the Office of the City Clerk, and are available for public inspection. If requested, the agenda will be made available in an alternative format to a person with disability as required by Section 202 of the Americans with Disabilities Act of 1990. If you have questions regarding an agenda item, please contact the City Clerk at (909) 839-7010 during regular business hours. In an effort to comply with the requirements of Title II of the Americans with Disabilities Act of 1990, the City of Diamond Bar requires that any person in need of any type of special equipment, assistance or accommodation(s) in order to communicate at a City public meeting, must inform the City Clerk a minimum of 72 hours prior to the scheduled meeting. Have online access? City Council Agendas are now available on the City of Diamond Bar's web site at www.CityofDiamondBar.com Please refrain from smoking, eating or drinking in the Council Chambers. The City of Diamond Bar uses recycled paper and encourages you to do the some. Welcome to the meeting of the Diamond Bar City Council. Meetings are open to the public and are broadcast live on Time -Warner Cable Channel 3 and Verizon ROS television Channel 47. You are invited to attend and participate. FOUTOWIRFION Members of the public may address the Council on any item of business on the agenda during the time the item is taken up by the Council. In addition, members of the public may, during the Public Comment period address the Council on any Consent Calendar item or any matter not on the agenda and within the Council's subject matter jurisdiction. Persons wishing to speak should submit a speaker slip to the City Clerk. Any material to be submitted to the City Council at the meeting should be submitted through the City Clerk. Speakers are limited to five minutes per agenda item, unless the Mayor determines otherwise. The Mayor may adjust this time limit depending on the number of people wishing to speak, the complexity of the matter, the length of the agenda, the hour and any other relevant consideration. Speakers may address the Council only once on an agenda item, except during public hearings, when the applicant/appellant may be afforded a rebuttal. Public comments must be directed to the City Council. Behavior that disrupts the orderly conduct of the meeting may result in the speaker being removed from the Council chambers. �1�13i77ii�Ia�1C�]i'�7�I5i�ldte3(�I�[ei�;t�e�lel.l�7_���I�Ii�, • • , Agendas for regular City Council meetings are available 72 hours prior to the meeting and are posted in the City's regular posting locations, on DBTV Channel 3, Time -Warner Cable Channel 3, ROS television Channel 47 and on the City's website at www.ci.diamond-bar.ca.us. A full agenda packet is available for review during the meeting, in the foyer just outside the Council chambers. The City Council may take action on any item listed on the agenda. FCKK�7rtrlr[�Tr77_�iN7iRE13i7;id:1:8-11 KAAVA A cordless microphone is available for those persons with mobility impairments who cannot access the podium in order to make a public comment. Sign language interpretation is available by providing the City Clerk three business days' notice in advance of a meeting. Please telephone (909) 839-7010 between 7:30 a.m. and 5:30 p.m. Monday through Thursday and 7:30 a.m. to 4:30 p.m. on Fridays. • Copies of agendas, rules of the Council, CassetteNideo tapes of meetings: (909) 839-7010 Computer access to agendas: www.ci.diamond-bar.ca.us General information: (909) 839-7000 CITY OF DIAMOND BAR CITY COUNCIL AGENDA October 6, 2015 Next Resolution No. 2015-37 Next Ordinance No. 05 (2015) STUDY SESSION: 5:30 p.m., Room CC -8 No. Grand Avenue Beautification Project Update. Public Comments 54-ITWIN00YONTITMET PLEDGE OF ALLEGIANCE: INVOCATION: rz�aIT111119 APPROVAL OF AGENDA: 6:30 p.m. Mayor Pastor Joseph Lo, Gateway Friends Church Council Members Herrera, Lin, Tanaka, Mayor Pro Tem Lyons, Mayor Tye Mayor 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: NEW BUSINESS OF THE MONTH: 1.1 Presentation of Certificate Plaque to Crunch Gym, 1132 South Diamond Bar Boulevard, as the New Business of the Month, October, 2015. Written materials distributed to the City Council within 72 hours of the City Council meeting are available for public inspection immediately upon distribution in the City Clerk's Office at 21810 Copley Dr., Diamond Bar, California, during normal business hours. OCTOBER 6, 2015 PAGE 2 2.1 Presentation by SCAQMD Board Member Michael Cacciotti regarding programs available including Lawn Mower Exchange Program. 2.2 Presentation by City Staff regarding Diamond Canyon Park Construction Update. 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. SCHEDULE OF FUTURE EVENTS: 5.1 Traffic and Transportation Commission Meeting — October 8, 2015 — 7:00 p.m., Windmill Community Room, 21810 Copley Drive. 5.2 Planning Commission Meeting — October 13, 2015 — 7:00 p.m. Windmill Community Room, 21810 Copley Drive. 5.3 City Council Meeting — October 20, 2015 — 6:30 p.m., AQMD/Government Center Auditorium, 21865 Copley Drive. 6. CONSENT CALENDAR: 6.1 City Council Minutes — Regular Meeting of September 15, 2015. Recommended Action: Approve. Requested by: City Clerk 6.2 Traffic and Transportation Commission Minutes — Regular Meeting of August 13, 2015. Recommended Action: Receive and File. Requested by: Public Works Department OCTOBER 6, 2015 PAGE 3 6.3 Planning Commission Minutes — Regular Meeting of August 25, 2015. Recommended Action: Receive and File. Requested by: Community Development Department 6.4 Ratification of Check Register — Dated September 10, 2015 through September 30, 2015 totaling $1,050,048.64. Recommended Action: Ratify. Requested by: Finance Department 6.5 Treasurer's Statement — Month of August, 2015. Recommended Action: Approve. Requested by: Finance Department 6.6 Authorize the City Manager to Enter into a Contract for Annual Property Tax Consulting and Audit Services with HdL Coren & Cone, Inc. Commencing FY 2015/16 through 2020/21 for an Annual Fee of $12, 240 Plus 25% of Tax Revenue Recovered for the City, for a Total Five Year Contract Amount not to exceed $125,000. Recommended Action: Authorize. Requested by: Finance Department 6.7 Approval of Contract Amendment No. 3 with Fehrs & Peers for Citywide Traffic Data Collection in the Amount of $36,345; Plus a Contingency Amount of $3,000 for a total Authorization of $39,345. Recommended Action: Approve. Requested by: Public Works Department 6.8 Approve Amendment No. 5 to the Contract with ValleyCrest Landscape Maintenance to Add Additional Services to their Contract to Remove Turf from the Medians Along Diamond Bar Boulevard and Replace it with Drought Tolerant Planting Material and Mulch, Plus Retro -Fit the Irrigation Systems as Necessary to Meet State Water Board Requirements, in the Amount of $539,465.46 for a Total Authorization Not to Exceed $933,460.46 for FY 2015/16; Plus Appropriate $539,510 of Metropolitan Water District (MWD) Grant Funds to the 2015/16 FY Budget for this Project. OCTOBER 6, 2015 PAGE 4 Recommended Action: Approve. Requested by: City Manager 7. PUBLIC HEARINGS: None. 10. 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Q m O ~ui U CL cn c� N M d m 0 0 ® [V J �w O �D N Q LL ®- O Lri w z LLJ O m z Lu z N a- :D D U J CO CO Q D LU CL u cl:: <O 0 � D O w 2 U� N O Q U® w � J V 00 U U O LU Q a 0- 0 LL 00 L z Z O F Q LU Lu .. m a J O .. Q Lli Q U z LL Q F- 0 z U LU M: z F - LL . LI O Q J O m m Z O z z m U 2 LU (n LL LLd Z O = o LU rn LU U J Lu J LLQ Ln m D O m Q Lu m LL1 Q V) W V) N O LU U z z Lu z J z z Q . w: J Agenda No. 6.1 MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR SEPTEMBER 15, 2015 Run CALL TO ORDER: Mayor Tye called the Regular City Council meeting to order at 6:30 p.m. in the South Coast Air Quality Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar, CA. PLEDGE OF ALLEGIANCE: Ruth Low, Chairwoman of the Planning Commission led the Pledge of Allegiance. INVOCATION: Monsignor James Loughnane, St. Denis Church provided the invocation. ROLL CALL: Council Members Herrera, Lin, Tanaka, Mayor Pro Tem Lyons and Mayor Tye. C/Tanaka was excused and left the meeting at 7:12 p.m. Staff Present: James DeStefano, City Manager; Ryan McLean, Deputy City Manager; Lois Llobak, Deputy City Attorney; Ken Desforges, IS Director; David Liu, Public Works Director; Dianna Honeywell, Finance Director; Greg Gubman, Community Development Director; Kimberly Young, Senior Civil Engineer; Anthony Jordan, Parks Maintenance Supervisor; Amy Haug, Human Resources Manager; Marsha Roa, Public Information Manager; Anthony Santos, Senior Management Analyst, and Tommye Cribbins, City Clerk. APPROVAL OF AGENDA: As presented. 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 M/Tye and Council Members presented Certificates of Recognition to Diamond Bar Girls Softball (DBGS) 12U Gold All-Star Team for an Outstanding Season. BUSINESS OF THE MONTH: 1.2 M/Tye and City Council Members presented a City Tile to Store Director Jeff Christensen on behalf of Albertsons, 1235 S. Diamond Bar Boulevard, as Business of the Month for September 2015. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: CM/DeStefano introduced Captain Scroggins who introduced Deputy Chad Holland as Diamond Bar's newest Special Assignment Deputy. SEPTEMBER 15, 2015 PAGE 2 CITY COUNCIL • Ruth Low announced that the Diamond Bar Friends of the Library will host the Read Together Diamond Bar Program during October which will feature China Dolls, a novel by Lisa See. She encouraged everyone and especially those between the ages 13-18 to participate in the Friends of the Library Essay Contest "How a Book Changed My Life" which will end October 3rd Theresa Lee, stated that last week she submitted to the Planning Department a 600 signature petition in opposition to a cell tower in the residential area of The Country Estates. Chia Teng, 22379 Kicking Horse Drive, spoke about removal of trees by the Millennium project. Tom Jordan, 3854 Castle Rock Road, spoke about paving/safety issues on Castle Rock Road and said he was concerned that nothing was being done to correct the issues. He is particularly concerned about kids who ride their bikes on the street because it is dangerous with pieces of steel sticking up out of the asphalt and holes in the pavement where the manhole covers are to be installed. Vinod Kashyap, 3839 Castle Rock Road, also spoke about paving/safety issues. After reporting his concerns to someone on Hawkwood Road who he believed to be an inspector who told him he had reported the concerns to the Director of Public Works nothing has happened to fix the situation. The asphalt is not curing properly on Castle Rock Road and the manholes were not raised before they were paved and these items present a hazard to kids riding their bikes and to drivers as well. He requested that the matter be placed on the agenda and that residents be provided a written status report at the next City Council meeting. Pui Ching Ho, Diamond Bar Library, stated that on September 23rd at 4:00 p.m. there will be a Personal Safety Workshop for parents of children between the ages of 4-10; On Saturday, September 26th at 2:00 p.m. there will be a West Coast Swing Dance Class; and, in October the library invites everyone to join together to read Lisa See's China Dolls during Read Together Diamond Bar and view the award winning documentary Of Civil Wrongs and Rights, the Fred Korematsu Story on Saturday, October 3rd at 2:00 p.m. followed by a discussion led by Mt. SAC Professor "Fred" Mahlke. Please check the library website at www.colapublic.org for additional programs and information. Michelle Yi, Board of Director, The Country Estates, read a letter written by the general manager addressed to the City of Diamond Bar referring to a letter written by a previous general manager dated March 4, 2005 in which he stated Millennium was entitled to access through The Country Estates gate. Ms. Yi said the statement regarding access was not correct. (No copies of the letter were submitted to the City). SEPTEMBER 15, 2015 PAGE 3 CITY COUNCIL •I IT, 14 ki 11 CM/DeStefano responded to speakers. There is an application pending in the City Planning office for a modification to an existing cell site that is located on a Water District property within The Country Estates. He understands that the application may involve the relocation of a device that is attached to a tank to a freestanding location adjacent. This is a matter that will have a Planning Commission Public Hearing coming forward and depending on the results of that Public Hearing, discussion, debate and decision, may ultimately come to the City Council as occurred earlier this year. He would ask that the City Council not respond to that matter as presented by the speaker in any way. His understanding is that the speaker attempted to submit the petition that was referenced to the Planning Commissioners and was persuaded not to do so because the appropriate time for such a petition would be during the Public Hearing process itself. Otherwise, it is not admissible with respect to the decision that the Planning Commission and City Council may, in the future, be asked to make on that matter. Another speaker spoke with respect to the Millennium project and concerns about the trees that are onsite. That project was approved almost 10 years ago and was the result of an exhaustive Environmental Impact Report that documented all of the trees on the site in order to determine whether or not they met the City's code requirements for either preservation, relocation or replacement. There has been grubbing activities and a variety of other measures on that property over the years. Without knowing more details about the speaker's concern it is difficult to respond since that project is nearing the time where it would receive a Final Map and eventual construction. He asked that the speaker connect with the City's Community Development Director in order to try to revisit that issue to get a better understanding of what has occurred and what permissions the City has granted, etc. with respect to the issue of the native trees. The last speaker also spoke regarding the Millennium project. There is an ongoing argument between The Country Estates Homeowners' Association Board and the developer, Millennium Partners over the appropriateness of several factors not the least of which is access for Millennium through the gates of The Country Estates to the Millennium property which, depending on one's opinion, may or may not be a part of The Country Estates. But that is an issue that as he understands has yet to be resolved between those two private parties. More than a year ago one or more of the same speakers in a forum similar to this asked that the City Attorney take a look at a variety of documents to try to determine whether or not the Millennium project had access through the gates. After looking at all of the recorded documents, CA/DeBerry's analysis and opinion concluded with a memorandum that CM/DeStefano transmitted to Ms. Lee, which indicated that based upon all of the documents that were provided to the City and that were recorded and utilized in the analysis, the project did have access through those gates. And any other discussion/argument regarding rights SEPTEMBER 15, 2015 PAGE 4 CITY COUNCIL 5. and privileges reverts back to a private party matter. That opinion was rendered and forward September/October of 2014 (last year) and so 12 months later the issue may still be in play. However, City staff did not receive the last speaker's communication which prevents staff from analyzing and responding. Two speakers spoke regarding Castle Rock Road. Staff is not familiar with the issues that were represented. Staff would like the opportunity to discuss this matter with Mr. Kashyup and Mr. Jordan and identify more specifically where those concerns as represented are located and staff will then resolve whatever issues might be and report that conclusion back to the City Council. C/Lin asked if during paving the City would typically have a City inspector onsite. PWD/Liu responded that the short answer is "absolutely." The speaker referred to a Saturday and even on a Saturday the City would have the inspector present to inspect the activities. PWD/Liu said his staff would follow up with Mr. Kashyap and Mr. Jordan as indicated by the City Manager and bring back an update to the City Council. SCHEDULE OF FUTURE EVENTS: 5.1 Planning Commission Meeting — September 22, 2015 — 7:00 p.m., Windmill Community Room, 21810 Copley Drive — Canceled. 5.2 Annual Diamond Bar Day at the Los Angeles County Fair — September 24, 2015 — Los Angeles County Fairgrounds in Pomona. 5.3 Parks and Recreation Commission Meeting — September 24, 2015 — 7:00 p.m., Windmill Community Room, 21810 Copley Drive — Canceled. 5.4 City Council Meeting — October 6, 2015 — 6:30 p.m., SCAQMD/Government Center, 21865 Copley Drive. 6. CONSENT CALENDAR: C/Herrera moved, C/Lin seconded, to approve the Consent Calendar with the exception of Item 6.8 removed by C/Lin. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Herrera, Lin, MPT/Lyons, M/Tye NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Tanaka 6.1 APPROVED CITY COUNCIL MINUTES — Regular Meeting of August 18, 2015 — as presented. 6.2 RECEIVED AND FILED TRAFFIC AND TRANSPORTATION COMMISSION MINUTES - Regular Meeting of June 11, 2015. SEPTEMBER 15, 2015 PAGE 5 CITY COUNCIL 6.3 RECEIVED AND FILED PLANNING COMMISSION MINUTES — Regular Meeting of July 28, 2015. 6.4 RATIFIED CHECK REGISTER — Dated August 13, 2015 through September 9, 2015 totaling $2,134,115.63. 6.5 APPROVED TREASURER'S STATEMENT — Month of July 2015. 6.6 APPROPRIATED FUNDS FROM GENERAL FUND RESERVES AND AWARDED A CONTRACT TO NEXUS -IS TO EXPAND THE CITY'S SECURITY CAMERA SYSTEM IN AN AMOUNT NOT -TO -EXCEED $114,000. 6.7 ADOPTED RESOLUTION NO. 2015-35: APPROVING THE APPLICATION FOR $267,500 OF HABITAT CONSERVATION FUND GRANT FUNDS, WHICH IF AWARDED, REQUIRES A $267,500 MATCH FROM THE CITY FOR THE DEVELOPMENT OF THE CANYON LOOP TRAIL. 6.9 FISCAL YEAR- 2015-16 APPROPRIATION ADJUSTMENTS FOR CARRY FORWARD EXPENDITURES, SPECIAL REVENUE FUNDS CARRYOVERS, CAPITAL PROJECT CARRYOVERS AND FISCAL YEAR 2014-15 FINAL ADJUSTMENTS. 6.10 AUTHORIZED THE CITY MANAGER TO APPROVE AN AGREEMENT BETWEEN THE CITY AND THE EAST San Gabriel VALLEY REGIONAL OCCUPATIONAL PROGRAM AND TECHNICAL CENTER (ESGVROP/TC) FOR VIDEO PRODUCTION SERVICES. MATTERS WITHDRAWN FROM CONSENT CALENDAR: 6.8 AUTHORIZE PURCHASE OF FIVE (5) DECORATIVE TRAFFIC SIGNAL POLES FROM SOUTH COAST LIGHTING & DESIGN IN THE AMOUNT OF $58,378.22, FOR THE DIAMOND BAR BOULEVARD AND BREA CANYON ROAD INTERSECTION ENHANCEMENT PROJECT. C/Lin said his understanding was that the developer contributed $470,000 for the improvements of the roadways and signals for their development and that at the present time the first expenditure is this item. Since there is already a left -turn lane already built that includes traffic signals, are those improvements paid for by the City. PWD/Liu asked if C/Lin was referring to the existing signal on Diamond Bar Boulevard at Cherrydale Lane. That signal will be installed and paid for by Lennar. SEPTEMBER 15, 2015 PAGE 6 CITY COUNCIL C/Lin asked why the City was spending only $58 thousand out of the $470,000 that was contributed to the project. PWD/Liu explained that the $58,378.22 is solely for the purpose of buying the five decorative traffic signal poles. The manufacturer of these decorative poles require a lead time of 14-16 weeks so the idea is that the developer is scheduled to start the intersection improvements in a month and rather than waiting for delivery of the remaining five signals staff wants to be able to purchase those signals now with Council's approval so that by the end of this calendar year staff can follow up immediately after the developer finishes its activities to complete the intersection improvements at Brea Canyon Road and Diamond Bar Boulevard as part of the offsite improvements required by the City to be paid for by Lennar. C/Lin moved, MPT/Lyons seconded, to Approve Item 6.8 to authorize the purchase of five (5) decorative traffic signal poles from South Coast Lighting & Design in the amount of $58,378.22, for the Diamond Bar Boulevard and Brea Canyon Road intersection enhancement project. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: M/Tye NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: 7. PUBLIC HEARINGS: Herrera, Lin, MPT/Lyons, And None Tanaka 7.1 ADOPT RESOLUTION NO. 2015-36: APPROVING THE REMOVAL OF THE CROSSWALK AT GRAND AVENUE AND THE STATE ROUTE (SR60) EASTBOUND ON RAMP. CM/DeStefano introduced SCE/Young who provided staff's report. The resolution before the City Council is to approve the removal of the crosswalk along Grand Avenue at the eastbound SR60 freeway onramp. This proposal is a requirement of the new Westbound Onramp Project that is being proposed adjacent to the vacant Honda parcel along Grand Avenue north of the freeway. Caltrans required that this be done so that all of the area within their right-of-way would be compliant with ADA Accessibility Requirements. The Westbound Onramp Project was advertised for bids on September 8. The scheduled bid opening is October 29, 2015 with construction anticipated to commence in mid to late December 2015. The existing crosswalk at the eastbound off ramp has a cross slope of eight (8) percent or greater which is not in compliance with the two (2) percent maximum required for ADA compliance. Additionally, there is an existing ADA compliant path of travel on the west side of Grand Avenue that will remain SEPTEMBER 15, 2015 PAGE 7 CITY COUNCIL In place if this crosswalk is approved for removal. The eastside of Grand Avenue will be reconstructed in future phases of the overall SR57/60 Confluence Project to provide an ADA Accessible compliant pathway. Currently, the accessible (paved) pathway lies on the east side of Grand Avenue between Golden Springs and the other side of the freeway; however, that pathway leads to a non -accessible unimproved pathway, which is why staff feels it is appropriate to remove the crosswalk on the eastbound onramp. If the crosswalk is approved for removal the entire area (shown in red) will be deemed non -accessible and barricades will be constructed (shown in green), one at the intersection of Golden Springs and Grand Avenue a physical barricade at the corner where the existing eastbound lies to prohibit individuals from using the non -accessible path (shown in red). The existing sidewalk (shown in purple) between Golden Springs and the eastbound onramp will remain so that pedestrians can use the sidewalk to access the golf course and its parking lot. The area on the west side (shown in blue) will remain to provide an accessible path of travel. This item was considered by the Traffic and Transportation Commission on August 13, 2015 and the Commission concurred with staff to remove the crosswalk and recommended that the item be presented to the City Council for approval. Pursuant to the California Vehicle Code Section 21950.5, a public hearing is required to remove a crosswalk. Notices and postings shall be completed to give all users the opportunity to be heard. Notices were posted at the actual crosswalk location notifying users of its potential removal and consideration at tonight's Public Hearing. The Public Hearing notice was posted in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers and notice was sent to Caltrans notifying them of the Public Hearing which was initiated by their comment and requirement that the crosswalk be removed. If Council approves the removal, work will be scheduled in accordance with construction of the westbound onramp and Public Comments will be received until 30 -days following tonight's Hearing and addressed accordingly. Prior to removal of the crosswalk because the overall construction schedule for the westbound onramp can be up to 18 months, staff will repost the location 30 days in advance to re -notify users of removal of the crosswalk. All costs associated with the removal will be borne by the City of Industry in conjunction with the westbound onramp because the westbound onramp project is being paid for in its entirety by the City of Industry as one of the mitigation measures attached to the Industry Business Center Development north of the freeway. Staff recommends removal of the crosswalk along Grand Avenue at the eastbound SR60 freeway onramp and requests that Council adopt the Resolution accordingly. SEPTEMBER 15, 2015 PAGE 8 CITY COUNCIL C/Lin asked if staff conducted pedestrian counts before deciding to close the crosswalk. SCE/Young said she is not aware of any pedestrian traffic counts but it may have been done as part of City of Industry's Traffic Impact Report for the westbound onramp; however, staff is not privy to that information. M/Tye said he thought that anything having to do with an on and off ramp belonged to Caltrans and is this just a matter of posting it for public consumption because Diamond Bar is not removing it. SCE/Young said that Diamond Bar is not removing the crosswalk. City of Industry is removing the crosswalk as part of their project which will be handled by Caltrans; however, because this is within Diamond Bar's jurisdictional authority, the City of Diamond Bar is obliged to hold the public hearing and notify Caltrans as the Right -of -Way owner. M/Tye opened the Public Hearing. Bob Velker asked what might happen if a car stalled on that side and someone had to cross the road. It seems to him it would be a nice solution to have a crosswalk on the freeway so that people on the west side could safely get to the other side and vise versa if they needed to. With no further testimony offered, M/Tye closed the Public Hearing. MPT/Lyons said that cars break down from time to time and if a car were to break down what would we expect to have happen. SCE/Young responded that the shoulder will be available for pedestrians to stand on while awaiting assistance. She believes that the speaker was requesting a new crosswalk to be constructed from the east side of Grand Avenue to the west side of Grand Avenue. All of that side of the freeway improvements are slated for future improvements and future phases of the SR57/60 Confluence Project so this is something that staff can propose to the designer to see if it would be warranted to install a crosswalk across Grand Avenue. Tonight this is strictly a matter of reviewing the removal of the crosswalk along the east side only at the eastbound onramp. C/Lin moved, C/Herrera seconded, to Adopt Resolution No. 2015-36: Approving the removal of the crosswalk at Grand Avenue and the State Route (SR60) eastbound on ramp. Motion carried by the following roll call vote: AYES: Herrera, Lin, MPT/Lyons, M/Tye None Tanaka COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: SEPTEMBER 15, 2015 PAGE 9 CITY COUNCIL MIIIIKE• • • • • - 9. COUNCIL SUBCOMMITTEE REPORTS AND MEETING ATTENDANCE .O- •COMMENTS: C/Lin said he was very impressed with CM/DeStefano. He came to the City Council with somewhat of an understanding of the Millennium project issues but he is able to comprehend the entire issue and readily answer the questions very comprehensively. Last Wednesday he and M/Tye went to the California Contract Cities Association's Board meeting in Marina Del Ray which was a very interesting event. C/Herrera thanked her colleagues who joined her at the San Gabriel Council of Governments meeting a couple of weeks ago and took time out of their busy schedules to vote for her for Regional Council for SCAG. She was successful in her bid and she thanked her colleagues for their support. She congratulated the Diamond Bar Girls Softball All-Star Team. It is wonderful that the organization is still going strong. Her girls when they were younger played in that league and had a great time. It is a great organization that provides a good solid feeder system for when the kids get into high school. She congratulated the City's Public Information Department for receiving a nomination from the American Advertising Federation for their upcoming Inland Empire Media Awards in the category of Governmental Media Outlet. This is an outstanding honor and congratulations to PIM/Roa and her staff. She thanked the Sheriff's Department for their great observations and thanked the neighbors on a particular street who foiled an attempted house burglary. The neighbor submitted the license plate of a vehicle that appeared to be conducting suspicious activity within the neighborhood. As this shows, it is so important for everyone to be observant and report anything suspicious to the Sheriff's Department. She requested that at the next meeting Council be given a report on the park in the Lennar (Willow Heights) Development. Many people were under the impression that the park was to be completed before the houses were for sale and work is still being done on the park. On social media there is talk that Diamond Bar has been negligent in enforcing that requirement of the developer and she believes an update on the status is important and helpful information for the residents. MPT/Lyons encouraged residents to continue using the hiking trails. Last week she hiked the Grandview Trail and it was a bit warm so when walking hikers should carry water. When one gets on the trail one is literally in the middle of the hills where one can see trees and animals and occasionally a snake but buildings and structures are out of view. It is a great getaway and it takes little time to enjoy the trails. She congratulated staff on getting a very large grant from the Metropolitan Water District in excess of $500,000 which will allow the City to remove turf in the City's medians and replace it with drought tolerant plants and mulch. This will allow the City to change out over 270,000 square feet of turf which is very impressive. Along with Ruth Low and Pui Ching Ho she encouraged everyone to participate with Friends of the Diamond Bar Library in SEPTEMBER 15, 2015 PAGE 10 CITY COUNCIL Read Together Diamond Bar. In addition to the book mentioned for adults there is a book for middle school students and one for elementary school students. There is a lot of information available at the library and a lot of fun activities coming up at the library. She knows there are many Alex Morgan fans and she wants everyone to know that the City continues to work with Alex Morgan to put together a fun event that will celebrate Diamond Bar's favored daughter. While these details are being worked out one can view the video "Becoming Alex Morgan" which she saw on Sunday. It is a very good and inspirational video and suitable for the entire family and can be viewed on the Disney Channel. On Thursday evening a CHP Officer was shot during a traffic stop in West Covina. It was a very senseless shooting. Fortunately, the officer will recover. Law enforcement can be a very dangerous job and in Diamond Bar residents value their law enforcement and when we see them we should take a moment to thank them in person. M/Tye congratulated Deputy Chad Holland and welcomed him to the Diamond Bar team, a terrific team. Diamond Bar is very, very proud of their Sheriffs. This Council considers them its police department. Thanks very, very much. ADJOURNMENT: With no further business to conduct, M/Tye adjourned the City Council Meeting at 7:52 p.m. TOMMYE CRIBBINS, CITY CLERK The foregoing minutes are hereby approved this day of 2015. STEVE TYE, MAYOR Agenda No. 6.2 DIAMONDCITY OF R MINUTES OF t AND TRANSPORTATION COMMISSION!! AUGUST Chair/Carrera called the meeting to order at 7:01 p.m. in the Diamond Bar City Hall Windmill Community Room, 21810 Copley Drive, Diamond Bar, California 91765. PLEDGE OF ALLEGIANCE: ROLL CALL: Commissioner Mehta led the Pledge of Allegiance. Commissioners Surendra Mehta, Ed Pechy, Manisha Sulakhe, Vice -Chair Ken Mok, and Chair Ted Carrera Also Present: Kimberly Young, Senior Civil Engineer; Christian Malpica, Associate Engineer; John Beshay, Associate Engineer; Sterling Mosley, Assistant Engineer; and Marcy Hilario, Administrative Coordinator. A. Minutes of the June 11, 2015 Regular Meeting. C/Pechy moved, VC/Mok seconded, to approve the Minutes of the June 11, 2015 regular meeting as presented. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Mehta, Pechy, Sulakhe, VC/Mok, Chair/Carrera NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None II. PUBLIC COMMENTS: None August 13, 2015 PAGE 2 T&T COMMISSION IV. 0 A. Receive and File Traffic Enforcement Updates for: 1. Citations: May, June and July 2015 2. Collisions: May, June and July 2015 3. Street Sweeping: May, June and July 2015 VC/Mok moved, C/Mehta seconded, to receive and file the Traffic Enforcement Update reports for May, June and July 2015. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Mehta, Pechy, Sulakhe, VC/Mok, Chair/Carrera NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None OLD BUSINESS: NEW BUSINESS: A. Crosswalk Removal along Grand Avenue at SR -57/60 Eastbound On-ramp. SCE/Young presented staffs report and recommended Traffic and Transportation Commission's concurrence with staff to remove the crosswalk at the existing SR -57/60 eastbound on-ramp at Grand Avenue and further recommended that this matter be presented to the City Council for consideration at a duly noticed Public Hearing. Chair/Carrera asked if the City of Industry had plans to extend the pedestrian way through their new development. SCE/Young responded yes. Once Industry completes construction of the Industry Business Center, they will install a pedestrian path of travel within their property limits. Chair/Carrera welcomed MPT/Lyons to the meeting. C/Sulakhe expressed her concerns about the condition of the roadway within Diamond Bar property near the freeway bridge along Grand Avenue. SCE/Young said that staff would look into it. C/Pechy moved, C/Mehta seconded, to concur with staff to remove the crosswalk at the existing SR -57/60 eastbound on-ramp at Grand Avenue and recommended that this matter be presented to Council for consideration. Motion carried by the following Roll Call vote: August 13, 2015 PAGE 3 T&T COMMISSION AYES: COMMISSIONERS: Mehta, Pechy, Sulakhe, VC/Mok, Chair/Carrera NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None B. Castle Rock Road/Gold Run Drive Neighborhood Traffic Management Program (NTMP) AE/Malpica presented staff's report and recommended that the Traffic and Transportation Commission receive and file staff's report. Furthermore, staff recommended that the Traffic and Transportation Commission request that staff collect additional traffic counts in September 2015 to compare with the September 2012 data and present the results at a future regular Traffic and Transportation meeting. VC/Mok stated it was great to find out that the speeds were decreasing on Sunday and Monday, which was the initial issue; however, he wanted to understand why the volume increased so much on Gold Run Drive eastbound on Sunday and Monday and how it was possible that the streets leading to Gold Run Drive had decreased while Gold Run Drive traffic had increased. AE/Malpica responded that staff noticed this as well and the report emphasizes that fact. It appears to be skewed data which is what staff hopes to identify by collecting additional traffic counts in September. SCE/Young added that staff believes the error in the data may have occurred in 2012 and data in September 2015 can be used to confirm the error. VC/Mok referred to the memorandum dated August 5th (page 2, 4th paragraph) and asked staff to elaborate on the vendor making a mistake on the days they took the traffic counts. AE/Malpica explained that generally, the consultant is very accurate in reporting; however, in this instance, one of the employees placed the collector on different days rather than on the same day. The consultant recognized the error and indicated they would make sure that the data would be collected on the same days and at the correct locations. VC/Mok moved, C/Pechy seconded, to concur with staff's recommendation to receive and file staff's report and request that staff collect additional traffic counts in September 2015 to compare the September 2012 data and present the results at a future Traffic and Transportation Commission meeting. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Mehta, Pechy, Sulakhe, VC/Mok, Chair/Carrera NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None August 13, 2015 PAGE 4 T&T COMMISSION • • a AE/Malpica responded to a request made by C/Pechy for "No U -Turn" signage at Diamond Bar Boulevard and Palomino Drive. Staff visited the site with the City's consultant and, in order to consider the request, a warrant analysis would have to be performed; however, prior to the warrant analysis, the City will need additional turn movement and traffic counts. Since staff will be collecting citywide traffic counts in September, we decided to wait until the counts are collected and can be included in the analysis. VC/Mok asked how staff would be able to get counts of vehicles making U-turns at Palomino Drive and heading toward the eastbound SR -60 on-ramp. AE/Malpica replied that once the location is ready for counts, he will ask the consultant to include the U-turn analysis so that tubes or individuals can be placed in the area to collect the data. C/Pechy reiterated his concern that there needed to be coordination between the lights at Palomino Drive going northbound on Diamond Bar Boulevard and the light that directs traffic onto the eastbound SR -60. The traffic signals are not in sync; therefore, when the light turns green at Palomino Drive, traffic is not able to proceed forward because the left turn signal for eastbound traffic off of southbound Diamond Bar Boulevard is also green. This causes additional back-up which prohibits traffic from proceeding northbound. AE/Malpica clarified that Caltrans maintains control of the traffic signals at that on-ramp and they have the ability to modify the signal timing without notifying us or coordinating with our staff. Nonetheless, staff continues to seek cooperation and coordination. C/Pechy stated that on July 3151, he was traveling on Ballena Drive and there was a large amount of glass on the street. He called Public Works and in less than an hour it was completely cleaned up. He thanked staff for a job well done. C/Sulakhe thanked SCE/Young for a nice presentation during the NTMP meeting two weeks ago. Public participation was less than she would have liked to see. Chair/Carrera also praised SCE/Young for doing a great job. It was unfortunate that there were fewer people in attendance. He believed there was still a need and people needed to know what could be done to repeat successes in other areas. On another note, Chair/Carrera mentioned that the message board that was placed in the street on Diamond Bar Boulevard in front of EI Pollo Loco caused problems for the northbound traffic turning onto Grand Avenue towards Chino Hills. Normally, traffic would move to the two right turn lanes; however, as traffic approached the turn, they were up against the message board sitting in the street and all of the traffic then had to merge into the first lane and go around the board. SCE/Young indicated that staff discovered that it was an arrow board that was not in use that was being stored on the shoulder and as soon as staff determined the contractor was storing equipment on the street, they were immediately informed that it was not acceptable. August 13, 2015 PAGE 5 T&T COMMISSION C/Mehta stated the traffic signal poles at Grand Avenue and Diamond Bar Boulevard are beautiful and Chair/Carrera agreed that they were a noticeable improvement. A. Traffic Signal Infrastructure Upgrades Project — AE/Malpica reported that the consultant is close to finalizing the design and staff now anticipates the bid opening in September with construction commencing in October and completion anticipated by the end of FY 2015-16. B. Comprehensive Groundwater Drainage Study —AE/Malpica conveyed that based upon the final report, staff prepared a memorandum to the City Council which is currently under review by the City Manager prior to submission to Council. Staff is recommending that the top two locations for improvement be completed during this fiscal year with future budget allocations for the remaining nine locations. C. Morning Canyon Road Rehabilitation Project — AE/Mosley indicated that Council approved the redesign contract amendment for Onward Engineering. Also, the design kickoff meeting was held last week to discuss coordination of the project, which will require acquisition of permits from the L.A. County Flood Control District for reconstruction of several catch basins. The redesign is anticipated to last for two and a half months with construction tentatively scheduled to be completed by Spring 2016. VC/Mok asked if staff received a response from the church regarding removal of the trees. AE/Mosley responded no. D. Area 3 Road Maintenance Project — AE/Mosley shared that the project is progressing into the last phase of the roadway maintenance/pavement rehabilitation. This week marks the first week of slurry near the school zones (Castle Rock Road, Fountain Springs Road, and Cold Springs Lane). Slurry application will continue next week along with preliminary striping. As previously indicated, the project is slated to be completed by the end of August. E. Gas Company Upgrades on Golden Springs Drive —AE/Mosley stated that this project is in its last phase with Phase 3 anticipated to be completed by the end of next week. VC/Mok asked how far from the project a lane closure occurs. In his observation, he felt the lane closure on Golden Springs Drive was very abrupt. AE/Mosley responded that it is dependent on the speed limit and the curvature of the roadway and any other factors involved. He indicated that he would look into the Gas Company traffic control to ensure they are following approved traffic control plans. August 13, 2015 PAGE 6 T&T COMMISSION F. Willow heights Construction Update — AE/Beshay reported that the sub- contractor for Lennar Homes commenced widening of the roadway at Brea Canyon Road and Diamond Bar Boulevard. The new curb and gutter have been constructed around the driveway approach for L.A. County Flood Control and the sidewalk will be constructed in the near future. Currently, the contractor is doing the pot holing for the new traffic signal light poles at the intersection. Lennar will be installing three decorative traffic signal poles as part of their development agreement. Furthermore, the remaining traffic signal poles will be installed by the City after Lennar completes their installations, which will cause a gap in improvements; however, the City's improvements will be completed by the end of this fiscal year. G. Reagan/Peterson Park Parking Lot Construction — AE/Beshay shared that the project is ready for construction. The pavement will receive a grind and overlay for the east parking stalls and removal and reconstruction for the remainder of the Reagan Park parking lot. The existing turn -around will be replaced with new areas of asphalt/concrete pavement to increase the number of parking stalls from 34 to 46. The existing portion of the Peterson Park parking lot on the southeast side will be widened 6 feet toward the park to install a second row of parking stalls on the north end of the lot. This will increase the number of parking spaces from 42 to 76. Primary work commenced today and full construction will begin August 17th with completion scheduled for mid to late September. C/Pechy asked if construction would affect the existing skate park. AE/Beshay responded it would not. The skate park is currently under construction for new fencing while all of the parking lot construction will be outside of the skate park area. VC/Mok asked if construction would impact residents and their use of existing parking spaces. AE/Beshay responded that the project will be phased; therefore, 10 parking spaces will remain along with ADA accessibility, pedestrian access and street parking also being available during each of the phases for both parks. H. Grand Avenue Beautification Project—AE/Beshay conveyed that installation of the new decorative poles was completed at the intersection of Longview Drive and Grand Avenue. Six of the eight poles have been installed at the intersection of Grand Avenue and Diamond Bar Boulevard and installation of the monument sign at the intersection of Grand Avenue and Diamond Bar is near completion. The contractor continues to install sidewalk pavers at both intersections and the subcontractor continues to install new irrigation lines, electrical conduit and pull boxes for the landscape areas, sidewalk and medians at both intersections. The new decorative stones for the center median have been delivered and are scheduled to be installed next week. The project is delayed for about six weeks due to unforeseen underground utility August 13, 2015 PAGE 7 T&T COMMISSION issues during installation of the traffic signal foundations. At this time, project completion is expected by early October. Chair/Carrera stated the message board indicates the project will be completed in August. SCE/Young clarified that the message board will be updated tomorrow. In addition, the Public Information Department is posting the information to parents via Facebook and Twitter to let them know construction will continue at this critical intersection once school commences. Staff contacted Walnut Valley Unified School District to encourage Quail Summit Elementary, Maple Hill Elementary and Chaparral Middle School to notify parents and bus service providers of construction at the intersection. Staff is also notifying Mt. SAC so they too can alert students and faculty coming from the Chino Hills area who may be traveling through the City. C/Pechy asked what affect the drought has had on what type of vegetation has been selected for this project. SCE/Young responded that most of the plants that were targeted for installation are drought tolerant including plantings that are new to Diamond Bar, such as Agave, etc. The City has been and continues to be moving away from turf and other water seeking plants to preserve water resources. VC/Mok shared that the monument sign that has been installed on Grand Avenue from Chino Hills into Diamond Bar is rotated and he wondered if it had to be rotated because it would occupy too much space if it was placed head- on. SCE/Young replied that, in addition to the traffic engineers looking closely at the area and based on the curvature of the roadway, for traffic coming from Chino Hills, it was the angle determined to be most prominent. Lemon Avenue Interchange Project — SCE/Young reported that all of the right-of-way acquisitions have been settled and staff anticipates Right -of Way certification by the end of August; however, the utility certification is on hold. Within the last month, the utility engineers at Caltrans have determined that an existing Verizon vault occupying space in the vicinity of the location that is. designed to be the new westbound on-ramp cannot remain there any longer, even though it has been on the plans for the past six years. As a result, staff will be working with Verizon to relocate the vault, which will take six to nine months. Staff met with Caltrans last week and agreed that once Verizon provides sketches of the vault relocation, Caltrans will approve the sketches and issue utility certification in order to proceed with the ready to list project date of September 25th which is critical to remain on the target construction date of June 2016. Verizon has been very cooperative in this effort and staff continues to work with them and Caltrans to expedite this utility issue. Also, in spite of a number of projects on the drawing board, the Walnut Valley Water District is doing everything possible to redesign the encasements for the water lines. Since this project has federal funds, Metro grant funds and a Highway Safety Improvement state grant, it is critical to Diamond Bar that we begin expending that money as soon as possible. August 13, 2015 PAGE 8 T&T COMMISSION Chair/Carrera asked if there has been any discussion about the use of the property where the hook ramps are. SCE/Young explained that if Caltrans deems it as remnant property, the City will have first right of refusal. J. SR -57/60 Confluence Project — SCE/Young indicated that the new westbound on-ramp, in front of the vacant Honda parcel, is targeted to begin construction in October; however, that start date seems to be a bit ambitious thus it is more likely that construction should begin prior to year-end. Caltrans is responsible for the advertising, award of contract and administration of the project. The westbound off -ramp improvements are six months behind the westbound schedule; therefore, staff anticipates construction to commence in June 2016. K. NTMP — Armitos Place Neighborhood — SCE/Young announced that a meeting was held on July 30t". Approximately 130 notices were mailed out and five residents participated representing three households. Since the meeting was held during summer vacation, she takes that into account for the lack of attendance. Staff took under advisement the residents' recommendations and especially their suggestions to take additional counts between Carpio Drive and Darrin Drive. Once the counts are available, staff will work with the traffic engineers to develop conceptual plans and provide residents with that information at a second meeting to be held in October. IX. SCHEDULE OF FUTURE CITY EVENTS: As stated in the agenda. Chair/Carrera wished everyone a Happy Labor Day Holiday. ADJOURNMENT: There being no further business to come before the Traffic and Transportation Commission, Chair/Carrera adjourned the meeting at 8:18 p.m. The foregoing minutes are hereby approved this {0T day of S�W-T f. , 2015. Respectfully Submitted, David G iu, Secretary Attest: Chair Ted Carrera OF - •, t AUGUST 25, 2015 r r -r Agenda No. 6.3 Chair/Low called the meeting to order at 7:00 p.m. in the City Hall Windmill Room, 21810 Copley Drive, Diamond Bar, CA 91765. C/Farago led the Pledge of Allegiance. 1. ROLL CALL: Present: Commissioners Frank Farago, Jennifer "Fred" Mahlke, Bob Nishimura, Raymond Wolfe, Chairperson Ruth Low Also present: Greg Gubman, Community Development Director; James DeBerry, City Attorney; Josue Espino, Assistant Planner; Natalie T. Espinoza, Assistant Planner; and Stella Marquez, Administrative Coordinator. 2. SELECTION OF VICE CHAIRPERSON: Chair/Low nominated C/Mahlke to serve as Vice Chairperson of the Planning Commission. C/Farago seconded the nomination. With no further nominations offered, C/Mahlke was unanimously elected to serve as Vice Chairperson of the Planning Commission by the following Roll Call vote: Chair/Low Yes C/Farago Yes C/Nishimura Yes C/Wolfe Yes C/Mahlke Yes 3. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS 4. APPROVAL OF AGENDA: As presented 5. CONSENT CALENDAR: 5.1 Minutes of the Regular Meeting of July 28, 2015. None VC/Mahlke moved, C/Farago seconded, to approve the Minutes of the July 28, 2015, Meeting as presented. Motion carried by the following Roll Call vote: AUGUST 25, 2015 PAGE 2 PLANNING COMMISSION [.1 7 E AYES: NOES: ABSTAIN ABSENT: OLD BUSINESS: NEW BUSINESS: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: PUBLIC HEARING(S): None Farago, Nishimura, Chair/Low None Wolfe None VC/Mahlke, 8.1 Development Review No. PL2015-240 — Under the authority of Diamond Bar Municipal Code (DBMC) Section 22.48, the applicant and property owner requested Development Review approval to construct a 1,359 square foot, two-story addition, 311 square feet of balcony area and a 246 square foot covered patio area to an existing 1,843 square foot, two-story single family residence with an attached 438 square foot two -car garage on a 0.23 gross acre (10,134 gross square foot) lot. The subject property is zoned Low Density Residential (RL) with an underlying General Plan land use designation of Low Density Residential. PROJECT ADDRESS PROPERTY OWNER: 24139 Afamado Lane Diamond Bar, CA 91765 Lidia Bondanelli 16763 Vanowen Street Van Nuys, CA 91403 APPLICANT: Bruno Bondanelli 17008 Evergreen Place, Unit A City of Industry, CA 91745 AP/Espinoza presented staffs report and recommended Planning Commission approval of Development Review No. PL2015-240, based on the Findings of Fact, and subject to the conditions of approval as listed within the resolution. C/Nishimura asked if in general there was an intrusion on the neighbor's property would it be a major concern for the Commission. CDD/Gubman responded that staff attempts to identify potential privacy issues and see if those can be minimized or eliminated through design. In this case, existing landscaping provided the landscape screening; if that had not been the case staff may have looked into adding a condition of approval for landscape screening or to somehow reorient the window placement to avoid those types of issues. C/Nishimura said he noticed the addition is 20 feet back from the existing house and was concerned that the house was on a hill and there is a deck below it and whether the balcony would affect the privacy of the view of the neighbors below because their backyard and bedrooms face that slope. AP/Espinoza stated that when she visited the site she stood at the edge of the slope to determine what would be visible below and it is screened with large trees and shrubs so there is no ability to see below. C/Nishimura asked if the balcony was on the second floor and it would be several feet above AP/Espinoza's point of view from where the rear setback would be. He again asked if AP/Espinoza was definitely able to tell the Commission that the applicant would not be able to look into the neighbor's property because it seems that the applicant took pictures of the neighboring properties on either side of the subject property only, so the Commission does not know anything about the view into the property below. And if there are trees, are they deciduous or evergreen trees; and if the trees were gone and people were standing on the master balcony on the second level if they were looking at that angle it appears they would look into the second floor windows of the houses down below. AP/Espinoza further explained that the balcony is located about 30 feet from the edge of a slope which descends to the rear property line, which she verified by pointing out the area using the site plan. CDD/Gubman said it appears the area was not fully analyzed to address C/Nishimura's concern regarding privacy impacts to the neighboring property to the rear so unless the applicant has additional information to help the Commission make an informed decision there is the option of continuing this matter so that additional privacy analysis of the site can be done. VC/Mahlke said that viewing from the photos that were included in the packet she agrees with what has been discussed because she also had the same concerns. She asked if the trees were on the neighbor's property or on the applicant's property and AP/Espinoza responded that the trees in the rear are on the neighbor's property. VC/Mahlke asked if the neighbor's property were left vulnerable it would have to be from their own property and not from the project site and AP/Espinoza responded "correct." The AUGUST 25, 2015 PAGE 4 PLANNING COMMISSION trees along the sides are located on the neighbor's property and not on the subject property. The trees on the rear slope are located on both the subject property and the property behind the subject property. C/Wolfe said that the neighborhood has been noticed of the project and the Commission has not heard from the neighbor immediately behind the subject property and AP/Espinoza responded "correct." C/Wolfe said that in looking at the dimensions it is about 28 feet from the improvement of the house and the balcony is set off a little bit to the side and so at best it is 25 or 26 feet looking diagonally that way. He does not know how far down the property is behind the subject property but it is a pretty good distance and said he would assume the neighbor had a similar setback in the back because this is part of the same development. AP/Espinoza said that she believed the neighbor's building was 30 feet away from their rear property line. C/VVolfe said in that case one is looking 50 to 60 feet at a nine foot elevation and the neighbor's property drops down as well which makes the drop down even further. He said he did not know if it was a big issue or not. VC/Mahlke asked staff if the one call to staff was from the house in question and AP/Espinoza said it was the owner adjacent to the property to the northeast and VC/Mahlke said that complaint concerned "mansionization" and potential noise and disturbance. AP/Espinoza said that VC/Mahlke was correct. C/Farago asked how steep the slope is and how far down it goes and AP/Espinoza referred C/Farago to the applicant. C/Farago said it appears that there is a chain link fence between the two properties and there is no privacy issue from the back yard as it currently exists to which AP/Espinoza responded "correct." Chair/Low asked if there was a City ordinance that referred to privacy issues or is this simply common sense and good neighboring. CDD/Gubman responded that the findings that are required include that the design and layout of the proposed development will not interfere with the use and enjoyment of neighboring, existing or future developments which he believes can easily be interpreted to include potential privacy impacts. Chair/Low asked if this was from the perspective of the project or from the perspective of the neighbors and CDD/Gubman said the finding specifically addresses whether or not the proposed project will interfere with the enjoyment of the neighboring properties and Chair/Low said it would then be from the neighbor's perspective to which CDD/Gubman responded "correct." AUGUST 25, 2015 PA 5 PLANNINGCOMMISSION Chair/Low opened the public hearing. Bruno Bondanelli, 21250 Chirping Sparrow Road, architect for the project, explained that this house is for his mother. He thanked the Commission for bringing up this concern and assured the Commission that not only can one not see the backyard of the neighbors to the rear, one cannot even see the house. There is a 25 foot drop after the 30 foot line for the balcony and when one stands on the second floor and looks to the rear all one sees are the tops of trees, view and rooftops way in the distance. The immediate residence is not visible from the backyard or from the house. The neighbor to the southeast that has a pool has 11-15 foot trees on their property. The neighbor on the opposite side also has a very high landscape in their yard and there are trees on the subject property as well. There is no visual intrusion to any of the immediate neighbors. Lucy Odonnell said she owns 24147 Afamado which is the property that will be the most impacted because this is a two block long street that dead ends at both ends and there is nothing else like this in the neighborhood. The subject property was positioned wrong. Their family room looks into her family room and there is very little space between the two. The upstairs bedroom windows look right into each other. She has had to install drapes and blinds. To see that there will be a balcony out there is really distressing and it will block the light to her garden and block the breeze. She understands that the home will probably be flipped for $1 to 2 million and there is nothing that even comes close to this house in the neighborhood. Her main concern is the bedroom to bedroom windows and family room to family room because in all the years she has lived at the property, noise has been a tremendous issue because those two sides of the houses are so close to each other with only a wood fence between the two houses. For many years the noise has been a nightmare because it has been a rental almost from the beginning and she does not believe the neighborhood supports this type of property. C/Nishimura said he would like to see what the view is from another 18 feet out at the proposed height because looking out the existing second floor window he believes is different than moving 18 feet out and figuring out where the edges of the balcony are just to make sure that people in the houses down on Canoe Cove are not impacted. He believes it is different to say one stood at the edge and could not look in but this project proposes to change the dynamics and go out which will mean that the resident will be looking from a higher distance as well. He wanted to make sure there were AUGUST 25, 2015 PAGE 6 PLANNING COMMISSION no privacy concerns where their balcony is not looking into the upstairs bedrooms because he believes the homes on Canoe Cove are two-story homes as well. And to see if the trees that are in between (the two properties) are deciduous or evergreen because depending on what kind of trees they are they may only be blocking a view for half of the year. Chair/Low closed the public hearing. C/Nishimura moved that this project be continued based on the new information that staff would provide. The motion died for lack of a second. C/Wolfe asked if the property owned by the speaker is to the right or left of the subject property. AP/Espinoza said that the speaker's house is to the east of the subject property. C/Wolfe explained that the proposed project does not add any new windows on that side of the house so what is existing remains existing and the addition does not change that condition. Chair Low said she noticed that the windows in the existing house are in the back so she is not understanding how the bedrooms would be looking into each other and if they are, they are because the orientation is not changing. She also noticed that the rear of the subject project with the addition as C/Wolfe pointed out leaves substantial space between the end of the subject house to the end of the lot and the house behind it has a large amount of setback. C/Wolfe moved, VC/Mahlke seconded, to approve Development Review No. PL2015-240, based on the Findings of Fact, and subject to the conditions of approval as listed within the resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Farago, Wolfe, VC/Mahlke, Chair/Low NOES: COMMISSIONERS: Nishimura ABSENT: COMMISSIONERS: None CDD/Gubman stated that all decisions by the Planning Commission can be appealed to the City Council within 10 calendar days of the approval subject to filing an appeal form and payment of an appeal fee to the City Clerk. 8.2 Development Review PL2015-201 — Under the authority of Diamond Bar Municipal Code Section 22.48, the applicant requested approval of a Development Review to construct a new 11,356 square foot, multi-level, AUGUST PAGE 7 PLANNING single family residence with an attached 3,236 square foot, and a seven (7) car garage on a vacant 89,734 gross square foot (2.06 gross acre) lot. The subject property is zoned Low Density Residential (RL) with an underlying General Plan land use designation of Rural Residential (RR). PROJECT ADDRESS PROPERTY OWNER/ APPLICANT: 1810 Diamond Knoll Lane Diamond Bar, CA 91765 Hon Ji Investments, LLC 18150 Rowland Street City of Industry, CA 91748 AP/Espino presented staff's report and recommended Planning Commission approval of Development Review PL2015-201, based on the Findings of Fact, and subject to the conditions of approval listed within the resolution. Chair/Low opened the public hearing. The architect for this project said he was present on behalf of the property owner to answer Commission questions. Linda Tran, 23529 Coyote Springs, asked how long the project would take to build and said she is pregnant and was concerned about the noise impacts and air quality impacts during and after the build and what kind of privacy would she be able to expect. Chair/Low closed the public hearing. CDD/Gubman responded to the speaker that he would defer to the applicant regarding construction impacts. Construction hours in. Diamond Bar are restricted to Monday through Saturday 7:00 a.m. to 7:00 p.m. No construction is permitted on Sundays and Holidays. With respect to air quality impacts, the project is subject to NPDES requirements (as well as building requirements) which mandate that the soil be kept watered down to minimize airborne dust and dirt during grading phases, best management practices are required to be implemented which include features such as sandbags and other onsite installation of temporary devices to prevent mud flow runoff, standing water issues that would lead to breeding of vectors, etc. AUGUST 25, 2015 PAGE 8 PLANNING COMMISSION The applicant stated that the information about the length. of construction would be answered by the general contractor; however, in his experience the two-story garage should take six to nine months and the total building about a year to a year and a half. The project still has to go through plan check and the loan process so he estimates the project will start about March. Chair/Low asked how far Ms. Tran's house was from the project site and AP/Espino said that according to the notification map, it is approximately 280 lineal feet from the subject rear property line and the boundary of her property does not touch the boundary of the property site. This property will be accessed through "The Country Estates" via Diamond Bar Boulevard or Grand Avenue and there will be no construction vehicles traveling through Coyote Springs. C/Nishimura asked how long the applicant had to commence construction without having to come before the Planning Commission again and CDD/Gubman said that the project has to commence construction within two years of this approval. C/Nishimura asked CA/DeBerry if he could give Ms. Tran his copy of the resolution that contains the standard operating agreements about which CDD/Gubman spoke (dust mitigation, etc.). Chair/Low advised C/Nishimura that AC/Marquez would provide Ms. Tran with a copy. VC/Mahlke moved, C/Nishimura seconded, to approve Development Review PL2015-201, based on the Findings of Fact, and subject to the conditions of approval listed within the resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Farago, Nishimura, Wolfe, VC/Mahlke, Chair/Low NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 8.3 Development Review No. PL2015-34 — Under the authority of Diamond Bar Municipal Code Section 22.48, the applicant and property owner requested Development Review approval to construct a new 12,362 square foot, multi-level single family residence with an attached 3,125 square foot garage on a vacant 57,935 gross square foot (1.33 gross acre) lot. The AUGUST 25,2015 PAGE a '. subject property is zoned Rural Residential (RR) with a consistent underlying General Plan land use designation of Rural Residential (RR). PROJECT ADDRESS: PROPERTY OWNER: 2488 Alamo Heights Road Diamond Bar, CA 91765 David Lilyquist PO Box 3294 Dana Point, CA APPLICANT: Richard Wang 1200 S. Diamond Bar Boulevard #101 Diamond bar, CA 91765 AP/Espino presented staffs report and recommended Planning Commission approval of Development Review No. PL2015-34, based on the Findings of Fact, and subject to the conditions of approval as listed within the resolution. Chair/Low asked if there was a requirement about accessory structures and if so, does this structure meet those requirements. AP/Espino responded that the City has standards for accessory structures which could be a 30 or 40 percent standard depending on how many structures and this structure in combination with the other accessory structures complies with the code. C/Wolfe asked AP/Espino to point out the location of the Black Walnut on the second slide which he did. Chair/Low opened the public hearing. Robert Taft, Landscape Architect, said he was available to answer Commissioners' questions. Chair/Low remarked that the proposed landscape was very pretty and wondered how this project would meet the water conservation budget. Mr. Taft responded that this plan was started prior to Governor Brown's mandates and his firm is looking at various alternatives. A lot of the plant material is drought tolerant and he does not see a problem meeting the mandates. As everyone knows, grass/turf lawn is the major water use area so he is looking at alternatives and possible reduction of those areas. The project meets the ADA Guidelines and he keeps apprised of the local water district requirements and intends to comply. Chair/Low said there are water AUGUST 25, 2015 PAGE 10 PLANNING COMMISSION features on the property and asked if those were impacted by the water mandates. Mr. Taft said he has heard conflicting reports. Some are saying no water features and others are saying it is okay and he will determine the exact requirement and adhere to it. Chair/Low closed the public hearing. Chair/Low asked staff if the orders are effective retroactively or prospectively and CDD/Gubman said this project would be subject to those requirements. The regulations will affect any project that has not already commenced by the end of December. Chair/Low asked whether approval of the landscape plan would have to come back or is it handled through the permitting process. CDD/Gubman said he would have to look at the project and if the proposed modification consists of replacing natural turf with artificial turf for example, he would not bring that back to the Commission for approval. If there is a change in the plant palette wherein the fundamental character, color, structure and formality of the layout is being altered that could require Planning Commission review and approval of the modification. At this point, the landscape architect is going to need to look at the model Water Efficient Landscape Ordinance that has been released by the State Water Board. The City will adopt its local version of that which he would believe would be a verbatim adoption of the model ordinance. The City's contract landscape architect will review the landscape plans to determine compliance with the Water Efficient Landscape Ordinance. In short, whether or not there are revisions to the landscape plan he will use professional judgment to determine whether or not it is largely in conformance and the new Water Efficient Landscape requirements may or may not warrant changes to the plant palette. If there are only changes required to the irrigation plan he would not refer that matter back to the Commission. C/Nishimura moved, C/Farago seconded, to approve Development Review No. PL2015-34, based on the Findings of Fact, and subject to the conditions of approval as listed within the resolution with the condition that it complies with the new irrigation/water requirements by the State of California. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Farago, Nishimura, Wolfe, VC/ Mahlke, Chair/Low NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 8.4 Development Review and Tree Permit PL2013-571 — Under the authority of Diamond Bar Municipal Code Section 22.48, the applicant requested Development Review approval to construct a new 12,362 square foot, multi- level, single family residence with an attached 935 square foot garage on a vacant 71,438 gross square foot (1.64 gross acre) lot. A Tree Permit was also requested to remove 13 protected trees and replace them at a 3:1 ratio. The subject property is zoned Rural Residential (RR) with a consistent underlying General Plan land use designation of Rural Residential (RR). PROJECT ADDRESS: PROPERTY OWNER/ APPLICANT 23121 Ridge Line Road Diamond Bar, CA 91765 Basant Bhatia BLML Investments, LLC 17753 Via San Jose Rowland Heights, CA 91748 AP/Espino presented staffs report and recommended Planning Commission approval of Development Review PL2013-571, based on the Findings of Fact, and subject to the conditions of approval as listed within the resolution. Chair/Low said that the arborist report appears to her to be stale and AP/Espino indicated he had not had any further contact with the arborist. AP/Espino stated for the record a tree report was submitted late Friday afternoon after packets had gone out to the Commissioners. However, staff reviewed the report and it was verbatim of the report that the Commissioners received in their packets. The only difference was the date that was posted on the report received on Friday was August 13, 2015. There was no additional information that was included in the subsequent report other than the date. Chair/Low said that she noticed 13 trees were subject to removal and the report generally states that they were being removed due to bad health, severe pruning and bad structure but one cannot really tell which trees have these conditions. Do each of the 13 trees have these three issues or do some of the trees have some of the issues, etc. and to her the report is deficient in that regard. She also noticed that some of the existing trees are pretty tall, one being 40 feet tall and several are over 30 feet which takes her to the map which shows where the 3:1 ratio trees are contemplated to be planted. In this case, the proposal is to plant 39 trees in that property AUGUST 25, 2015 PAGE 12 PLANNING COMMISSION where there were only 13 before and if the existing trees can grow up to 30 to 40 feet she is concerned that this mitigation plan is workable. C/Wolfe said in addition, looking at the aerial view of the site he is not sure there are 39 trees on the property today and he is not sure where 39 trees would fit. Lastly, in consideration of the Governor's Executive Order, can that level of planting be accomplished? He believed that Black Walnuts, for example, required a significant amount of water to get established and he was concerned about having the ability in today's environment to be able to mitigate to that degree. C/Nishimura asked if all 39 trees would have to be planted on the subject property. AP/Espino said that generally the applicant is required to plant replacement trees on the property. If there was going to be offsite mitigation there are tree banks or space that can be made available to accommodate mitigation for these trees. There are other alternatives including payment. However, this may require further environmental review than merely being an exempt project through CEQA. To Chair/Low's question about the location of the trees that are scheduled to be replaced, there is no indication on the report which trees are in what type of condition. The applicant is proposing to remove 13 trees to make room for the new home as well as retaining walls toward the rear which is the reason for the removal. If they were all in fair condition he would believe they would still be proposed for removal. So staff looked at this from a worst case scenario which is the reason for the 3:1 replacement value for each one of the tree if they are all in "fair" condition. Chair/Low said there was a statement in the report that the trees were in too poor of a condition for them to be relocated. Again, the report is old and she does not know if that is still the situation or if they have deteriorated since the report was submitted. VC/Mahlke said that in the arborist report she just received it states that the insect infestation or disease is minor. The other report that was contained in the packet said the trees could not be moved because they are in such bad condition and she finds it curious that in the year and a half since the report was first filed that they were so bad they could not be moved why would not the new report have been updated accordingly. AP/Espino said that staff asked for an updated arborist report which was not provided and AUGUST 25, 2015 PAGE i • the only update that staff.received was changing of the date on the report the Commission received this evening. C/Nishimura said he understands that the applicant wants to remove the 13 trees to build the house and retaining wall and if this project were approved all of the trees would probably have to be removed because the project would impact the root systems, etc. Looking at the photo 13 trees are being taken out but the space to accommodate 39 trees is being reduced as well. It seems that more than half of the planting area is being taken away with structure. He also understands that in the cycle of nature one plants trees and the healthiest survive but what he believes the Commission is looking for is some guidance on the density and the concerns about the steep slope. C/Farago said the tree report specifically identifies on a 1 to 1 basis the tree and its condition throughout the report and it seems that the majority are fair to bad. He asked if the ratio was designed for the canopy coverage because when he looks at the proposed smaller trees in the 3:1 ratio it appears they will provide the same canopy cover. CDD/Gubman said that the intent of the 3:1 ratio is that when there is an existing tree that is 40-50 years old, one 15 -gal or 24 -inch box does not sufficiently compensate for the loss of that resource. Three trees is a more proportional compensation for that loss so he believes it is more in line with the intent of that requirement. CDD/Gubman said that staff looked at the code and wanted to provide additional information because there are questions about the adequacy of the arborist's report. The code states that tree relocation or replacement shall be on the same site to the extent feasible. But it is not mandated that they be located on the same site. Alternatives that can be implemented in substitution for onsite replacement include a monetary donation to the tree replacement fund such as the Park Development Fund so staff can fairly easily determine the materials and labor costs for a 15 -gallon 24 -inch box walnut, oak or sycamore tree and require the applicant to make an in lieu payment to the City's Park Development Fund so that those funds can be utilized in existing or new park settings. C/Wolfe said that he looked at the May 2014 tree report and the landscape architect sites the tree plan as his representation of where these 39 trees would be located and although C/Wolfe is not a landscape architect nor is he an arborist he questioned whether 39 trees could be placed on this property and actually have an opportunity to thrive. He believes it is fair question to the arborist to expand on his statements. AUGUST 25, 2015 PAGE 14 PLANNING COMMISSION Chair/Low opened the public hearing. The architect for the project, said that the applicant has been working on this project for the past few years and has gone through a lot of back and forth with the review and recommendations and has complied with all of the requirements and recommendations as well as, zoning and development standards and would like to move forward with the project. He was sorry he was not able to speak for the arborist but could respond to architectural questions. Chair/Low asked if the architect was in touch with the arborist and could arrange to have him prepare an adequate report. The architect said he spoke with the landscape architect this morning who told him that the date was not consistent but that everything else was okay and mentioned that when he spoke with AP/Espino he was told everything should be okay so he did not get into the details of the report because he is a professional and surely knows what he is doing and he would hope that the Commission would accept the recommendation from staff. A.C. Kaushal, 22927 Lazy Trail Road, said he was looking forward to working with the applicants who are law abiding, honest, hardworking and very reputable. He has known them for more than 25 years and when they build this house it will be like a jewel in the City's crown. He recommends that the project be approved today and in the future the staff should give the applicant full cooperation and assistance. He looks forward to welcoming them into his neighborhood. Chair/Low closed the Public Hearing. Chair/Low asked what the Commission options were at this point and CDD/Gubman responded that the Commission's options would be to 1) approve the project as presented subject to the conditions contained in the resolution, or 2) approve the project with modifications to the resolution with conditions of approval that would address the concerns relative to the tree removals and replacement. One approach to that would be to craft a condition that enables staff to work out these issues so that through consultation with the City's landscape architect determine whether it is feasible, likely or unlikely to meet the water budget requirements because it does require more irrigation to establish a tree and if the number of onsite trees should be reduced, require contribution to the Park Maintenance Fund; 3) continue the matter and direct the applicant to provide an updated arborist report and answer any additional question the Commission has 1 ` ' ♦ • • voiced to be more specific about the physiological/ structural condition of the trees and any additional information the Commission believes is necessary to make an informed decision; and 4) the Commission can deny the project. C/Farago said that assuming the arborist's report is accurate, correct and current, he does not believe that the trees existing in the current drought conditions would have gotten any healthier overthe last year and most likely have further deteriorated because they are on an empty lot. So the applicant would be replacing bad trees with healthy trees. What happens and within what period of time if these trees do not survive. Does the City go back to make sure the trees take and remain healthy? CDD/Gubman responded that the City's Tree Ordinance contains a requirement for an establishment and monitoring period so that any trees that fail during that period would need to be replaced. C/Farago said that if the Commission approved the project as it stands it would still be subject to review by the contract arborist or landscape architect to make sure it met the water conservation consideration as well as the tree replacement requirements and CDD/Gubman responded that C/Farago was correct. C/Wolfe said there had been substantial conversation about the tree portion of this project and did not believe this matter needed to come back to the Commission to be resolved. C/Wolfe moved, C/Farago seconded, to approve Development Review PL2013-571, based on the Findings of Fact, and subject to the conditions of approval as listed within the resolution with the stipulation that staff work out whether or not 39 trees can be planted and successfully maintained on the balance of the property or that staff implement another alternative be implemented as described by CDD/Gubman. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS NOES: COMMISSIONERS ABSENT: COMMISSIONERS Farago, Nishimura, Wolfe, VC/ Mahlke, Chair/Low None None VC/Mahlke asked if the applicant could opt not to plant all 39 trees and pay the in lieu fee or is it something the Commission has to offer. CA/DeBerry said this is not an option for the property owner, it is an option that is implemented by the Commission. AUGUST 25, 2015 PAGE 16 PLANNING COMMISSION 9. PLANNING COMMISSIONER COMMENTS/INFORMATIONAL ITEMS: C/Nishimura asked everyone to pay attention to school children as they are driving to work or through the City. Please observe the speed limits and bus law rules. He did some enforcement today and said it was quite disheartening to see people speeding through school zones at 62 mph. Take care of the children and pay attention to the crossing guards and school buses when the red lights are flashing. C/Farago welcomed C/Wolfe to the Commission and said he looked forward to working with him. VC/Mahlke welcomed CA1Nolfe. C/Wolfe said he would have to study up on arborist reports so that he could be better prepared for future meetings. He did not realize that the Commission would be so focused on trees for the last project. It is an important issue and he is excited at the opportunity to serve on the Commission. He wanted to clarify that he made a motion that allowed staff to work with the applicant to resolve the issue if it is determined not to be feasible for the applicant to plant all 39 trees on the premises. Chair/Low thanked Commissioners and staff for doing a great job this evening. She is excited about what the Commission will be doing from now until the end of the year. 10. STAFF COMMENTS/INFORMATIONAL ITEMS: 10.1 Public Hearing dates for future projects. CDD/Gubman welcomed C/Wolfe to the Commission. This has always been an excellent Planning Commission. He has worked in other cities and this City Council does an exemplary job selecting Commissioners. Welcome and thanks to everyone for engaging in staffs efforts. CDD/Gubman stated that the next Planning Commission is scheduled for September 8 and there are three items slated for that agenda, 1) a Conditional Use Permit for Art Tutoring in an existing multi -story office building at Brea Canyon Road and Diamond Bar Boulevard next door to the ARCO ampm; 2) an addition to a single family residence at 1222 Calbourne Dr. and, 3) the Sign Program potentially slated for the remodeled building the Commission approved at the July 28 meeting, the former Walnut Pools building. AUGUST , PAGE 17 PLANNING • O 11. SCHEDULE OF FUTURE EVENTS: As listed in tonight's agenda. ADJOURNMENT: With no further business before the Planning Commission, Chair/Low adjourned the regular meeting at 8:31 p.m. The foregoing minutes are hereby approved this 8th day of September, 2015. Attest: Respectfully Submitted, Greg Gubman Community Development Director Ruth Low, Chairperson TO: Honorable Mayor and FROM: James DeStefano, City Ma TITLE: Ratification of Check Register 6 September 30, 2015 totaling $ 1 FINANCIAL IMPACT: Expenditure of $ 1,050,048.64 in City funds. Agenda 4 6.4 Meeting Date: October 3, 2015 the City Council September 10, 2015 through ,048.64 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 September 10, 2015 through September 30, 2015 for $ 1,050,048.64 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. Luisa Allen Accounting Technician Finance Director Attachments: Affidavit and Check Register — 9/10/15 through 9/30/15. The attached listings of demands, invoices, and claims in the form of a check register including checks dated September 10, 2015 through September 30, 2015 has been audited and is certified as accurate. Payments have been allowed from the following funds in these amounts: Description Amount General Fund $826,406.02 Comm Org Support Fund $650.00 Prop A - Transit Fund $13,030.47 Prop C - Transit Tax Fund $32,184.01 Intergrated Waste Management Fund $28,511.13 Com Dev Block Grand Fund $1,520.00 COPS Fund (Public Safety) $2,564.76 LLAD 38 Fund $25,271.02 LLAD 39 Fund $17,940.82 LLAD 41 Fund $27,608.08 Used Motor Oil Blk Grant $715.00 Beverage Ctnr Recy Grant $1,033.06 Capital Imp Projects Fund $61,951.54 Eq Replacement Fund $10,662.73 $1,050,048.64 Dianna Honeywell Finance Director SiNGARD PENTAMATION INC DATE: 09/29/2015 CITY OF DIAMOND BAR TIME: 15:32:00 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: tYansact.ck_date between '20150910 00:00:00.000' and '20150930 00:00:00.000' ACCOUNTING PERIOD: 3/16 PAGE NUMBER: 1 ACCTPA21 -----DESCRIPTION------ FUND - 001 - GENERAL FUND FACILITY REFUND-S/CYN 0.00 CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION 10100 113709 09/10/15 ALFAROPA PATRICIA ALFARO 001 10100 113710 09/10/15 ANDESETH SETH ANDERSON 001 10100 113711 09/10/15 CERTITRA CERTIFIED TRANSPORTATION 1125350 10100 113711 09/10/15 CERTITRA CERTIFIED TRANSPORTATION 1125350 10100 113711 09/10/15 CERTITRA CERTIFIED TRANSPORTATION 1125350 10100 113711 09/10/15 CERTITRA CERTIFIED TRANSPORTATION 1125350 10100 113711 09/10/15 CERTITRA CERTIFIED TRANSPORTATION 1125350 10100 113711 09/10/15 CERTITRA CERTIFIED TRANSPORTATION 1125350 10100 113711 09/10/15 CERTITRA CERTIFIED TRANSPORTATION 1125350 10100 113711 09/10/15 CERTITRA CERTIFIED TRANSPORTATION 1125350 TOTAL CHECK 0.00 770.00 10100 113712 09/10/15 DENNISCA CAROL A DENNIS 0015310 10100 113713 09/10/15 DFSFLOOR DFS FLOORING LP 0014093 10100 113713 09/10/15 DFSFLOOR DFS FLOORING LP 0014093 TOTAL CHECK EXPRESS MAIL -GENERAL 0.00 10100 113714 09/10/15 DBMOBIL DIAMOND BAR MOBIL 5204090 10100 113715 09/10/15 DUKESERV DUKE SERVICE COMPANY 0015333 10100 113716 09/10/15 ESCOSALV SALVADOR ESCOBEDO 001 10100 113717 09/10/15 EXPRESSM EXPRESS MAIL CORPORATE A 001 10100 113717 09/10/15 EXPRESSM EXPRESS MAIL CORPORATE A 0014090 10100 113717 09/10/15 EXPRESSM EXPRESS MAIL CORPORATE A 001- 10100 113717 09/10/15 EXPRESSM EXPRESS MAIL CORPORATE A 001 10100 113717 09/10/15 EXPRESSM EXPRESS MAIL CORPORATE A 001 TOTAL CHECK 239.13 PANELS-GRAN DVIEW TRL 0.00 10100 113718 09/10/15 FEDEX FEDEX 001 10100 113718 09/10/15 FEDEX FEDEX 001 10100 113718 09/10/15 FEDEX FEDEX 001 10100 113718 09/10/15 FEDEX FEDEX 0014090 10100 113718 09/10/15 FEDEX FEDEX 001 TOTAL CHECK 0.00 10100 113719 09/10/15 FOSSILIN FOSSIL INDUSTRIES INC 2505310 10100 113720 09/10/15 HOMEDEPO HOME DEPOT CREDIT SERVIC 0015340 10100 113720 09/10/15 HOMEDEPO HOME DEPOT CREDIT SERVIC 0015333 TOTAL CHECK 10100 1.13721 09/10/15 HUANGUYE NGUYEN HUA 001 10100 113722 09/10/15 INLANDEM INLAND EMPIRE STAGES 1125350 10100 113722 09/10/15 INLANDEM INLAND EMPIRE STAGES 0015350 TOTAL CHECK PAGE NUMBER: 1 ACCTPA21 -----DESCRIPTION------ SALES TAX AMOUNT FACILITY REFUND-S/CYN 0.00 50.00 FACILITY REFUND -DBC 0.00 400.00 TRANS -DAY CAMP 0.00 708.75 TRANS -DAY CAMP 0.00 708.75 TRANS -DAY CAMP 0.00 708.75 TRANS -DAY CAMP 0.00 708.75 TRANS -DAY CAMP 0.00 708.75 TRANS -DAY CAMP 0.00 608.75 TRANS -DAY CAMP 0.00 608.75 TRANS -DAY CAMP 0.00 708.75 0.00 5,470.00 PROF.SVCS-P & R MTG 0.00 - 75.00 CARPET MAINT-PAN'TERA 0.00 385.00 CARPET MAINT-HERITAGE 0.00 385.00 0.00 770.00 VER MAINT-POOL VEH 0.00 222.69 MAINT SVCS -DBC 0.00 413.29 FACILITY REFUND -DBC 0.00 400.00 EXPRESS MAIL-PL15-145 0.00 18.11 EXPRESS MAIL -GENERAL 0.00 30.71 EXPRESS MAIL-PL14-699 0.00 36.22 EXPRESS MAIL-PL15-48 0.00 36.22 EXPRESS MAIL-PL105-49 0.00 36.22 0.00 157.48 EXPRESS MAIL-PL14-343 0.00 32.49 EXPRESS MAIL-PL13-229 0.00 32.49 EXPRESS MAIL-PL15-370 0.00 25.95 EXPRESS MAIL -GENERAL 0.00 50.73 EXPRESS MAIL-PL10-385 0.00 97.47 0.00 239.13 PANELS-GRAN DVIEW TRL 0.00 308.00 SUPPLIES -PARKS 0.00 66.73 SUPPLIES -DHC 0.00 305.64 0.00 372.37 FACILITY REFUND-HRTGE 0.00 1,000.00 TRANS -EXCURSION 0.00 684.31 EXCURSION -VALLEY VIEW 0.00 307.44 0.00 991.75 SUNGARI) PENTAMATION INC PAGE NUMBER: DATE: 09/29/2015 CITY OF DIAMOND BAR ACCTPA21 TIME: 15:32:00 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date between '20150910 00:00:00.000' and '20150930 00:00:00.000' ACCOUNTING PERIOD: 3/16 2 FUND - 001 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION -----DESCRIPTION------ SALES TAX AMOUNT 10100 113723 09/10/15 JIANGWEN WENHUA JIANG 001 FACILITY REFUND-HRTGE 0.00 280.00 10100 113724 09/10/15 LAOPINIO LA OPINION- 0014030 LEGAL AD -ELECTION 0.00 366.88 10100 113725 09/10/15 LIEBERTC LIEBERT CASSIDY WHITMORE 0014060 TRNG-H/R 0.00 60.00 10100 113726 09/10/15 LOOMIS LOOMIS 0014090 COURIER SVCS -AUG 15 0.00 868.04 10100 113727 09/10/15 MIRACLER MIRACLE RECREATION EQUIP 0015340 SUPPLIES -PETERSON 0.00 253.45 10100 113728 09/10/15 NORTHMIN NORTHMINISTER PRESBYTERS 001 FACILITY REFUND-PNTRA 0.00 25.00 10100 113728 09/10/15 NORTHMIN NORTHMINISTER PRESBYTERS 001 FACILITY REFUND-PNTRA 0.00 50.00 TOTAL CHECK 0.00 75.00 10100 113729 D9/10/15 OFFICEMA OFFICEMAX INC 0014050 SUPPLIES -FINANCE 0.00 68.26 10100 113729 09/10/15 OFFICEMA OFFICEMAX INC 0014050 SUPPLIES -FINANCE 0.00 48.13 10100 113729 09/10/15 OFFICEMA OFFICEMAX INC 0014030 SUPPLIES-CMGR 0.00 10.58 TOTAL CHECK 0.00 126.97 10100 113730 09/10/15 RANCETHR RANCE THRALL B & T CATTL 1415541 WEED ABATEMENT -#41 0.00 19,540.00 10100 113731 09/10/15 ROYALPAL ROYAL PAL PET SUPPLIES I 1155515 SUPPLIES -PARKS 0.00 938.60 10100 113732 09/10/15 SCFUELS SC FUELS 5204090 FUEL -AUG 2015 0.00 1,229.06 10100 113732 09/10/15 SCFUELS SC FUELS 5204090 FUEL -AUG 2015 0.00 1,551.07 TOTAL CHECK 0.00 2,780.13 10100 113733 09/10/15 SMARTFIN SMART & FINAL 0015350 SUPPLIES -DAY CAMP 0.00 126.62 10100 113734 09/10/15 SCE SOUTHERN CALIFORNIA EDIS 1385538 ELECT SVCS -DIST 38 0.00 25.45 10100 113734 09/10/15 SCE SOUTHERN CALIFORNIA EDIS 1385538 ELECT SVCS -DIST 36 0.00 54.42 TOTAL CHECK 0.00 79.87 10100 113735 09/10/15 SPARKLET SPARKLETTS 0015340 ENERGY SURCHARGE 0.00 2.41 10100 113735 09/10/15 SPARKLET SPARKLET'PS 0015340 EQ RENTAL-S/CYN 0.00 12.00 10100 113735 09/10/15 SPARKLET SPARKLETTS 0015340 WATER SUPPLIES-S/CYN 0.00 19.98 TOTAL CHECK 0.00 34.39 10100 113736 09/10/15 VANTAGEP VANTAGEPOINT TRNSFR AGNT 001 9/11/15 -LOAN DEDUCT 0.00 3,666.55 10100 113736 09/10/15 VANTAGEP VANTAGEPOINT TRNSFR AGNT 001 9/11/15-P/R DEDUCTION 0.00 31,441.14 TOTAL CHECK 0.00 35,107.69 10100 113737 09/10/15 VULJAKPE PETRA VULJAK 001 FACILITY REFUND-S/CYN 0.00 50.00 10100 113738 09/10/15 WAXIESAN WAXIE SANITARY SUPPLY 0015340 JANITORIAL SUPPLIES 0.00 291.43 10100 113739 09/17/15 108RETRO 10-8 RETROFIT INC 5204090 INSTALL LIGHT BAR-N/I 0.00 3,663.33 10100 113739 09/17/15 108RETRO 10-8 RETROFIT INC 57.04090 INSTALL LIGHT BAR-N/I 0.00 3,663.33 TOTAL CHECK 0.00 7,326.66 10100 113740 09/17/15 ADVANTEC ADVANTEC CONSULTING ENGI 001 ADMIN FEE-PR14-948 0.00 68.40 10100 113740 09/17/15 ADVANTEC ADVANTEC CONSULTING ENGI 001 PROF.SVCS-PR14-948 0.00 398.08 2 SUNGARD PENTAMATION INC PAGE NUMBER: 3 DATE: 09/29/2015 CITY OF DIAMOND BAR ACCTPA21 TIME: 15:32:00 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date between '20150910 00:00:00.000' and '20150930 00:00:00.000' ACCOUNTING PERIOD: 3/16 -----DESCRIPTION------ SALES TAX ENG SVCS -MAY 2015 FUND - 001 - GENERAL FUND ADMIN FEE-PR14-948 0.00 CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION 10100 113740 09/17/15 ADVANTEC ADVANTEC CONSULTING ENGI 0015554 10100 113740 09/17/15 ADVANTEC ADVANTEC CONSULTING ENGI 001 TOTAL CHECK 0.00 SUPPLIES -PARKS 0.00 10100 113741 09/17/15 ALLCITYM ALL CITY MANAGEMENT SERV 0014411 10100 113742 09/17/15 AMERICAS AMERICAN CAB LLC 1135553 10100 113743 09/17/15 BAILIFFP BAILIFF PRODUCTIONS 001 10100 113744 09/17/15 BARTLEMA MARY BARTLE 001 10100 113745 09/17/15 BISHOPJO JOHN E BISHOP 0015350 10100 113746 09/17/15 BLANCOHE HERMENEGILDA BLANCO 001 10100 113747 09/17/15 CACOMMER CALIFORNIA RETROFIT INC 0015340 10100 113747 09/17/15 CACOMMER CALIFORNIA RETROFIT INC 0015333 TOTAL CHECK 0.00 ADMIN FEE -PL 13-229 0.00 10100 113748 09/17/15 CHENGLIN LINDSEY CHENG 001 10100 113749 09/17/15 CLARYCOR CLARY CORPORATION 0015554 10100 113749 09/17/15 CLARYCOR CLARY CORPORATION 0015554 10100 113749 09/17/15 CLARYCOR CLARY CORPORATION 0015554 TOTAL CHECK 10100 113750 09/17/15 CMSCHOOL CM SCHOOL SUPPLY CO 0015350 10100 113751 09/17/15 REINBERG CNC PRINTWERKS 0014090 10100 113752 09/17/15 CPRSXIII CPRS DISTRICT XIII 0015350 10100 113753 09/17/15 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 _ 10100 113753 09/17/15 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 10100 113753 09/17/15 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 10100 113753 09/17/15 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 10100 113753 09/17/15 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 10100 113753 09/17/15 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 10100 113753 09/17/15 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 10100 113753 09/17/15 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 10100 113753 09/17/15 DAVIDEVA DAVID EVANS AND ASSOCIAT 0015551 10100 113753 09/17/15 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 TOTAL CHECK 10100 113754 09/17/15 DAYNITEC DAY & NITE COPY CENTER 0015220 10100 113754 09/17/15 DAYNITEC DAY & NITE COPY CENTER 0015510 TOTAL CHECK 10100 113755 09/17/15 DEPTOFJU DEPARTMENT OF JUSTICE 0014060 10100 113756 09/17/15 DBHANDCA DIAMOND BAR HAND CAR WAS 5205554 -----DESCRIPTION------ SALES TAX ENG SVCS -MAY 2015 0.00 ADMIN FEE-PR14-948 0.00 0.00 CROSSING GUARD SVCS 0.00 DIAMOND RIDE SVCS-JUL 0.00 B/LICENSE REFUND 0.00 RECREATION REFUND 0.00 CONTRACT CLASS -SUMMER 0.00 FACILITY REFUND -DBC 0.00 SUPPLIES -PARKS 0.00 SUPPLIES -DBC 0.00 0.00 ADDRESS CHANGE DEP 0.00 SUPPLIES-P/WORKS 0.00 SUPPLIES-P/WORKS 0.00 SUPPLIES-P/WORKS 0.00 0.00 SUPPLIES -TINY TOTS 0.00 BUS CARDS -STAFF 0.00 CPRS REG -STAFF 0.00 ADMIN FEE -PL 13-229 0.00 PROF.SVCS-PL 13-229 0.00 PROF.SVCS-PL 14-579 0.00 ADMIN FEE -PL 14-579 0.00 ADMIN FEE- PL 13-229 0.00 ADMIN FEE- PL 13-229 0.00 ADMIN FEE -PL 14-579 0.00 ADMIN FEE -PL 13-229 0.00 ENG SVCS -LEMON AVE 0.00 PROF.SVCS-PL 13-229 0.00 0.00 PRINT SVCS-B/S 0.00 PRINT SVCS-PLNS/SPCS 0.00 0.00 PROF.SVCS-B/R 0.00 CAR WASH-P/WORKS 0.00 iG10101600I 230.00 -68.40 628.08 975.87 26,190.25 20.00 62.00 129.00 500.00 628.39 256.16 884.55 337.00 308.50 320.46 1,425.72 2,054.68 107.10 141.70 120.00 201.23 60.00 60.00 10.80 10.80 -10.80 -10.80 -201.23 322.14 1,117.95 1,560.09 892.71 200.10 1,092.81 96.00 90.43 SUNGARD PENTAMATION INC PAGE NUMBER: DATE: 09/29/2015 CITY OF DIAMOND BAR ACCTPA21 TIME: 15:32:00 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: tiansact.ck_date between '20150910 00:00:00.000' and '20150930 00:00:00.000' ACCOUNTING PERIOD: 3/16 FUND - 001 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION -----DESCRIPTION------ SALES TAX AMOUNT 10100 113756 09/17/15 DBHANDCA DIAMOND BAR HAND CAR WAS 5204090 CAR WASH -POOL VEH 0.00 219.84 10100 113756 09/17/15 DBHANDCA DIAMOND BAR HAND CAR WAS 5205230 CAR WASH-N/IMPRVMT 0.00 7.99 10100 113756 09/17/15 DBHANDCA DIAMOND BAR HAND CAR WAS 5205554 CAR WASH -COMM SVCS 0.00 14.99 TOTAL CHECK 0.00 333.25 10100 113757 09/17/15 DONGDAN DAN DONG 001 RECREATION REFUND 0.00 685.00 10100 113758 09/17/15 DOSHISUD SUDHA DOSHI 001 FACILITY REFUND -DBC 0.00 3.15 10100 113759 09/17/15 ELLISJOH JOHNATHAN ELLIS 001 FACILITY REFUND-PNTRA 0.00 200.00 10100 113760 09/17/15 EMERALD EMERALD LANDSCAPE SERVIC 0015230 MAINT SVCS -783 BOWCRK 0.00 394.50 10100 113761 09/17/15 FOOTBUIL FOOTHILL BUILDING MATERS 0014440 SUPPLIES -SAND BAGS 0.00 468.70 10100 113762 09/17/15 FRIENDHA BAYLEY FRIEND 001 FACILITY REFUND -DBC 0.00 400.00 10100 113763 09/17/15 GEIGERST STEVE GEIGER 001 FACILITY CHRGS-DBC 0.00 -100.00 10100 113763 09/17/15 GEIGERST STEVE GEIGER 001 FACILITY REFUND -DBC 0.00 750.00 TOTAL CHECK 0.00 650.00 10100 113764 09/17/15 GUTIMARC MARCO GUTIERREZ 0014095 PROF.SVCS-CONCERTS 0.00 350.00 10100 113765 09/17/15 HARDYHAR HARDY & HARPER INC 0015554 ASPHALT REPAIR -GRAND 0.00 2,124.00 10100 113766 09/17/15 HDLCOREN ALL GOREN & CONE 0014050 STATISTICAL DATA 0.00 695.00 10100 113767 09/17/15 HUANGYOL YOLANDA HUANG 001 RECREATION REFUND 0.00 172.00 10100 113766 09/17/15 SUSTAINA HULS ENVIRONMENTAL MANAG 1155515 WASTE HAULER MGMT 0.00 1,512.50 10100 113769 09/17/15 ICGINC ICG INC 2505310 PROF.SVCS-S/CYN TRAIL 0.00 7,722.00 10100 113770 09/17/15 JOHNSONK KEITH JOHNSON 0015350 SR PROG-ITALIANO DNC 0.00 350.00 10100 113771 09/17/15 LEWISENG LEWIS ENGRAVING INC. 0014090 CITY TILE -BUS OF MNTH 0.00 19.62 10100 113771 09/17/15 LEWISENG LEWIS ENGRAVING INC. 0014090 NAME BADGE 0.00 10.08 TOTAL CHECK 0.00 29.70 10100 113772 09/17/15 LONGACRE DEBBIE LONGACRE 001 RECREATION REFUND 0.00 99.00 10100 113773 09/17/15 MATTIERI RICK EAYMOND MATTIE 0014095 PROF.SVCS-CONCERTS 0.00 350.00 10100 113774 09/17/15 MCECORPO MCE CORPORATION 0015554 STORM DRAIN MAINT 0.00 1,251.09 10100 113774 09/17/15 MCECORPO MCE CORPORATION 0015554 RIGHT OF WAY MAINT 0.00 2,621.19 10100 113774 09/17/15 MCECORPO MCE CORPORATION 0015554 VEGETATION CONTROL 0.00 9,185.45 10100 113774 09/17/15 MCECORPO MCE CORPORATION 0015554 RIGHT OF WAY MAINT 0.00 2,109.67 10100 113774 09/17/15 MCECORPO MCE CORPORATION 0015554 VEGETATION CONTROI, 0.00 11,061.23 TOTAL CHECK 0.00 26,228.63 10100 113775 09/17/15 MEALSONW MEALS ON WHEELS 0114010 COMM ORG SUPPORT FUND 0.00 650.00 4 SUNGARD PENTAMATION INC PAGE NUMBER: 5 DATE: 09/29/2015 CITY OF DIAMOND BAR ACCTPA21 TIME: 15:32:00 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date between '20150910 00:00:00.000' and '20150930 00:00:00.000' ACCOUNTING PERIOD: 3/16 FUND - 001 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION -----DESCRIPTION------ SALES TAX AMOUNT 10100 113776 09/17/15 THEMISSI MISSION INN FOUNDATION 0015350 EXCURSION-M/MUSEUM 0.00 260.00 10100 113777 09/17/15 NNWI NATIONAL NEIGHBORHOOD WA 1264411 NGHBRHD WATCH SIGNS 0.00 2,564.76 10100 113778 09/17/15 MEAD NEAR LLC 0014095 MONTHLYMAINT -APPS 0.00 237.00 10100 113779 09/17/15 NICHOLSC NICHOLS CONSULTING ENGIN 0015510 CONSULTANT SVCS-JUL 0.00 5,095.00 10100 113780 09/17/15 NINYOMOO NINYO & MOORE INC 0015510 CONSULTANT SVCS-JUL 0.00 614.00 10100 113781 09/17/15 OFFICEMA OFFICEMAX INC 0015333 SUPPLIES -DSC 0.00 505.09 10100 113781 09/17/15 OFFICEMA OFFICEMAX INC 0014090 SUPPLIES -GENERAL 0.00 59.88 10100 113781 09/17/15 OFFTCEMA OFFICEMAX INC 0015333 SUPPLIES -DBC 0.00 77.82 10100 113781 09/17/15 OFFICEMA OFFICEMAX INC 0015510 SUPPLIES-P/WORKS 0.00 66.68 10100 113781 09/17/15 OFFICEMA OFFICEMAX INC 0015350 SUPPLIES -CONN? SVCS O.DO 4.38 10100 113781 09/17/15 OFFICEMA OFFICEMAX INC 0015333 SUPPLIES -DBC 0.00 16.01 10100 113781 09/17/15 OFFICEMA OFFICEMAX INC 0015350 SUPPLIES -COMM SVCS 0.00 18.41 10100 113781 09/17/15 OFFTCEMA OFFICEMAX INC 0015333 SUPPLIES -DBC 0.00 19.12 10100 113781 09/17/15 OFFICEMA OFFICEMAX INC 0014090 SUPPLIES -GENERAL 0.00 11.97 10100 113781 09/17/15 OFFICEMA OFFICEMAX INC 0014090 SUPPLIES -GENERAL 0.00 40.34 TOTAL CHECK 0.00 821.70 10100 113782 09/17/15 ONWARDEN ONWARD ENGINEERING 2505510 CONSTRUCTION -GRAND 0.00 23,321.79 10100 113782 09/17/15 ONWARDEN ONWARD ENGINEERING 2505510 ENG SVCS -RES AREA 3 0.00 11,547.00 10100 113782 09/17/15 ONWARDEN ONWARD ENGINEERING 2505510 ENG SVCS -RES AREA 3 0.00 19,052.75 TOTAL CHECK 0.00 53,921.54 10100 113783 09/17/15 PARIKHPA PANNA PARIKH 001 FACILITY CHRGS-DHC 0.00 -87..50 10100 113783 09/17/15 PARIKHPA PANNA PARIKH 001 FACILITY REFUND -DBC 0.00 700.00 TOTAL CHECK 0.00 617.50 10100 113784 09/17/15 PUSS POMONA UNIFIED SCHOOL DI 0015340 LORBEER B/FLD LIGHTS 0.00 1,394.42 10100 113785 09/17/15 PUBLICST PUBLIC STORAGE #23051 0014090 RENTAL -STORAGE #2108 0.00 327.00 10100 113786 09/17/15 RFDICKSO R F DICKSON COMPANY INC 0015554 STREET SWEEPING SVCS 0.00 8,654.10 10100 113786 09/17/15 RFDICKSO R F DICKSON COMPANY INC 0015554 ST SWEEPING SVCS-JUL 0.00 12,950.26 TOTAL CHECK 0.00 21,604.36 10100 113787 09/17/15 REUELGRE GREGORY C REUEL 0014096 PROF.SVCS-P/INFO AUG 0.00 1,500.00 10100 113788 09/17/15 RKACONSU RKA CONSULTING GROUP 0015220 BLDG & SFTY SVCS -JULY 0.00 67,982.19 10100 113789 09/17/15 SCANNATO SCAN NATOA 0014095 ANNL MEMBERSHIP -ROA D.00 80.00 10100 113790 D9/17/15 SGVCG SG VALLEY COUNCIL OF GOV 0015551 TAC MTG-LIO/YOUNG 0.00 50.00 10100 113791 09/17/15 SIEMENS SIEMENS INDUSTRY INC 0015554 TRAFFIC SIGNAL MAINT 0.00 700.00 10100 113791 09/17/15 SIEMENS SIEMENS INDUSTRY INC 0015554 TRAFFIC SIGNAL MAINT 0.00 4,797.36 10100 113791 09/17/15 SIEMENS SIEMENS INDUSTRY INC 0015554 TRAFFIC SIGNAL MAIN'P 0.00 15,560.81 10100 113791 09/17/15 SIEMENS SIEMENS INDUSTRY INC 0015554 TRAFFIC SIGNAL MAINT 0.00 4,732.00 10100 113791 09/17/15 SIEMENS SIEMENS INDUSTRY INC 0015554 - TRAFFIC SIGNAL MAINT D.00 8,416.53 SUNGARD PENTAMATION INC PAGE NUMBER: 6 DATE: 09/29/2015 CITY OF DIAMOND BAR ACCTPA21 TIME: 15:32:00 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date between '20150910 00:00:00.000` and '20150930 00:00:00.000' ACCOUNTING PERIOD: 3/16 FUND - 001 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION -----DESCRIPTION------ SALES TAX AMOUNT TOTAL CHECK 10100 113792 09/17/15 SCAQMD SO COAST AIR QUALITY MGT 0014090 10100 113793 09/17/15 SCE SOUTHERN CALIFORNIA EDIS 0015510 1.0100 113793 09/17/15 SCE SOUTHERN CALIFORNIA EDIS 0015510 10100 113793 09/17/15 SCE SOUTHERN CALIFORNIA EDIS 0015510 10100 113793 09/17/15 SCE SOUTHERN CALIFORNIA EDIS 0015510 10100 113793 09/17/15 SCE SOUTHERN CALIFORNIA EDIS 0015510 10100 113793 09/17/15 SCE SOUTHERN CALIFORNIA EDIS 0015510 10100 113793 09/17/15 SCE SOUTHERN CALIFORNIA EDIS 1385538 10100 113793 09/17/15 SCE SOUTHERN CALIFORNIA EDIS 1415541 10100 113793 09/17/15 SCE SOUTHERN CALIFORNIA EDIS 1415541 10100 113793 09/17/15 SCE SOUTHERN CALIFORNIA EDIS 0015510 10100 113793 09/17/15 SCE SOUTHERN CALIFORNIA EDIS 0015510 10100 113793 09/17/15 SCE SOUTHERN CALIFORNIA EDIS 0015510 TOTAL CHECK CONTRACT CLASS -INS 0.00 10100 113794 09/17/15 SCM SOUTHERN CALIFORNIA MUNI 0015350 10100 113795 09/17/15 STUBBIES STUBBIES PROMOTIONS 0015350 10100 113796 09/17/15 TENNISAN TENNIS ANYONE INC 0015350 10100 113797 09/17/15 TAITDAVI THE TAIT GROUP INC 0015551 10100 113798 09/17/15 ADELPHIA TIME WARNER CABLE 0014010 10100 113799 09/17/15 TUANNE ANNE TU 001 10100 113800 09/17/15 USHEALTH US HEALTHWORKS MEDICAL G 0014060 10100 113801 09/17/15 WCMEDIA WEST COAST MEDIA 0014095 10100 113802 09/17/15 WESTONDA DANIEL JOSEPH WESTON 0015350 10100 113803 09/17/15 WILLDANG WILLDAN GEOTECHNICAL 001 10100 113803 09/17/15 WILLDANG WILLDAN GEOTECHNICAL 001 10100 113803 09/17/15 WILLDANG WILLDAN GEOTECHNICAL 001 10100 113803 09/17/15 WILLDANG WILLDAN GEOTECHNICAL 001 10100 113803 09/17/15 WILLDANG KILLIAN GEOTECHNICAL 001 10100 113803 09/17/15 WILLDANG WILLDAN GEOTECHNICAL 001 10100 113803 09/17/15 WILLDANG WILLDAN GEOTECHNICAL 001 10100 113803 09/17/15 WILLDANG KILLIAN GEOTECHNICAL 001 10100 113803 09/17/15 WILLDANG WILLDAN GEOTECHNICAL 001 10100 113803 09/17/15 WILLDANG WILLDAN GEOTECHNICAL 001 10100 11.3803 09/17/15 WILLDANG WILLDAN GEOTECHNICAL 001 10100 113803 09/17/15 WILLDANG WILLDAN GEOTECHNICAL 001 10100 113803 09/17/15 WILLDANG WILLDAN GEOTECHNICAL 001 10100 113803 09/17/15 WILLDANG WILLDAN GEOTECHNICAL 001 10100 113803 09/17/15 WILLDANG WILLDAN GEOTECHNICAL 001 10100 113803 09/17/15 WILLDANG WILLDAN GEOTECHNICAL 001 0.00 34,206.70 MTD FACILITY -OCT 2015 0.00 2,153.78 ELECT SVCS-T/CONTROL 0.00 2,538.03 ELECT SVCS-T/CONTROL 0.00 665.98 ELECT SVCS-T/CONTROL 0.00 450.28 ELECT SVCS-T/CONTROL 0.00 203.07 ELECT SVCS-T/CONTROL 0.00 410.59 ELECT SVCS-T/CONTROL 0.00 83.75 ELECT SVCS -DIST 38 0.00 25.96 ELECT SVCS -DIST 41 0.00 25.96 ELECT SVCS -DIST 41 0.00 25.96 ELECT SVCS-T/CONTROL 0.00 149.67 ELECT SVCS-T/CONTROL 0.00 302.64 ELECT SVCS-T/CONTROL 0.00 485.55 0.00 5,367.44 CONTRACT CLASS -INS 0.00 392.00 SUPPLIES -COMM SVCS 0.00 862.97 CONTRACT CLASS -SUMER 0.00 4,258.80 CONSULTANT SVCS-JUL 0.00 1,000.00 MODEM SVCS -COUNCIL 0.00 119.47 RECREATION REFUND 0.00 61.00 PRE-EMPLYMNT PHYSICAL 0.00 310.00 AD-P/INFO 0.00 500.00 CONTRACT CLASS -SUMMER 0.00 72.00 ADMIN FEE-PR2015-281 0.00 72.00 ADMIN FEE -EN 12-771 0.00 72.00 ADMIN FEE-PR2014-5311 0.00 72.00 ADMIN FEE-PR2014-2470 0.00 72.00 ADMIN FEE-PR2014-5296 0.00 72.00 ADMIN FEE-PR14-4640 0.00 72.00 PROF.SVCS-PR2013-1687 0.00 200.00 PROF.SVCS-PR2014-5311 0.00 400.00 PROF.SVCS-PR2015-281 0.00 400.00 PROF.SVCS-PR14-4640 0.00 400.00 PROF.SVCS-PR2014-2470 0.00 400.00 PROF.SVCS-PR2014-5296 0.00 400.00 PROF.SVCS-EN 12-771 0.00 400.00 ADMIN FEE-PR2013-1687 0.00 36.00 ADMIN FEE-PR14-4640 0.00 -72.00 ADMIN FEE-PR2014-2470 0.00 -72.00 SUNGARD PENTAMATION INC PAGE NUMBER: 7 DATE: 09/29/2015 CITY OF DIAMOND BAR ACCTPA21 TIME: 15:32:00 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date between '20150910 00:00:00.000' and '20150930 00:00:00.000' ACCOUNTING PERIOD: 3/16 -----DESCRIPTION------ SALES TAX ADMIN FEE-PR2014-5296 FUND - 001 - GENERAL FUND ADMIN FEE-PR2014-5311 0.00 CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION 10100 113803 09/17/15 WILLDANG WILLDAN GEOTECHNICAL 001 10100 113803 09/17/15 WILLDANG WILLDAN GEOTECHNICAL 001 10100 113803 09/17/15 WILLDANG WILLDAN GEOTECHNICAL 001 10100 113803 09/17/15 WILLDANG WILLDAN GEOTECHNICAL 001 10100 113803 09/17/15 WILLDANG WILLDAN GEOTECHNICAL 001 TOTAL CHECK 0.00 0.00 10100 113804 09/17/15 YANGXUAN XUAN YANG 001 10100 113808 09/23/15 ACCESSCO ACCESS CONTROL SECURITY 0015333 10100 113808 09/23/15 ACCESSCO ACCESS CONTROL SECURITY 0015333 TOTAL CHECK 0.00 RECREATION REFUND 0.00 10100 113809 09/23/15 ALEXANDE ALEXANDER & LYNN INC 0015350 10100 113810 09/23/15 BARELADE DENNIS BARELA 001 10100 113811 09/23/15 BEARSTAT BEAR STATE AIR CONDITION 0015333 10100 113811 09/23/15 BEARSTAT BEAR STATE AIR CONDITION 0015333 10100 113811 09/23/15 BEARSTAT BEAR STATE AIR CONDITION 0015333 TOTAL CHECK 10100 113812 09/23/15 BECERRAI ISRAEL BECERRA 001 10100 113813 09/23/15 BEEREMOV BEE REMOVERS 0015340 10100 113814 09/23/15 BENESYST BENESYST 0014060 10100 113815 09/23/15 BESTLTG BEST LIGHTING PRODUCTS 0014093 10100 113816 09/23/15 ROSEBOB BOBBY ROSE 0015350 10100 113817 09/23/15 BUTTAYSH AYSHA BUTT 001 10100 113818 09/23/15 DESTEFAN JAMES DESTEFANO 0014030 10100 113819 09/23/15 DELTOROD DIANNA DEL TORO 001 10100 113820 09/23/15 DENNISCA CAROL A DENNIS 0015210 10100 113820 09/23/15 DENNISCA CAROL A DENNIS 0014030 TOTAL CHECK 10100 113821 09/23/15 DFSFLOOR DFS FLOORING LP 0014093 10100 113822 09/23/15 DHMAINTE DH MAINTENANCE 0015340 10100 113822 09/23/15 DHMAIN'1'E DH MAINTENANCE 0014093 10100 113822 09/23/15 DHMAINTE DH MAINTENANCE 0015333 TOTAL CHECK 10100 113823 09/23/15 D13WOMANS DIAMOND BAR WOMAN'S CLUB 001 10100 113824 09/23/15 DUNNSFEN DUNN'S FENCE COMPANY 0015340 -----DESCRIPTION------ SALES TAX ADMIN FEE-PR2014-5296 0.00 ADMIN FEE-PR2014-5311 0.00 ADMIN FEE-PR2015-281 0.00 ADMIN FEE -EN 12-771 0.00 ADMIN FEE-PR2013-1687 0.00 0.00 RECREATION REFUND 0.00 SECURITY GUARD SVCS 0.00 SECURITY GUARD SVCS 0.00 o.00 CONTRACT CLASS -FALL 0.00 FACILITY REFUND-S/CYN 0.00 REPAIR SVCS -DBC 0.00 REPAIR SVCS -DBC 0.00 REPAIR SVCS --DBC 0.00 0.00 FACILITY REFUND-S/CYN 0.00 BEE REMOVAL -PETERSON 0.00 FLEX ADMIN SVCS -AUG 0.00 MONTHLY MAINT-SEPT 0.00 REIMB-NRPA COUP 0.00 FACILITY REFUND -DBC 0.00 REIMB-ICSC CONE 0.00 RECREATION REFUND 0.00 PROF.SVCS-PLNG COMM 0.00 PROF.SVCS-CNCL MTG 0.00 0.00 CARPET MAINT-C/BALL 0.00 MONTHLY MAINT-SEPT 0.00 MONTHLY MAINT-SEPT 0.00 MONTHLY MAINT-SEPT 0.00 0.00 FACILITY REFUND-HRTGE 0.00 INSTALL GATE-S/CYN 0.00 vilaci7ijkloy -72.00 -72.00 -72.00 -72.00 -36.00 2,600.00 47.00 1,303.80 5,342.40 6,646.20 1,404.00 50.00 422.50 616.88 854.71 1,894.09 50.00 105.00 100.00 127.62 111.64 200.00 109.60 72.00 150.00 125.00 275.00 550.00 735.17 6,500.00 12,250.83 19,486.00 200.00 2,480.00 SUNGARD PENTAMATION INC DATE: 09/29/2015 CITY OF DIAMOND BAR TIME: 15:32:00 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date between '20150910 00:00:00.000' and '20150930 00:00:00.000' ACCOUNTING PERIOD: 3/16 PAGE NUMBER: 8 ACCTPA21 FUND - 001 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION -----DESCRIPTION------ SALES TAX AMOUNT 10100 113825 09/23/15 DYKEDIAN DIANA MORTON DYKE 001 RECREATION REFUND 0.00 144.00 10100 113826 09/23/15 EMERALD EMERALD LANDSCAPE SERVIC 0014093 ADDL MAINT-CITY HALL 0.00 16.29 10100 113827 09/23/15 ENRIJUDE JUDELMAY ENRIQUEZ 001 FACILITY REFUND -DBC 0.00 100.00 10100 113828 09/23/15 EXCELLAN EXCEL LANDSCAPE INC 0015340 MONTHLY LANDSCAPE -PK - 0.00 325.00 10100 113828 09/23/15 EXCELLAN EXCEL LANDSCAPE INC 1415541 MONTHLY LANDSCAPE -441 0.00 4,143,87 10100 113828 09/23/15 EXCELLAN EXCEL LANDSCAPE INC 1395539 MONTHLY LANDSCAPE -#39 0.00 11,610.95 10100 113828 09/23/15 EXCELLAN EXCEL LANDSCAPE INC 1385538 MONTHLY LANDSCAPE -#38 0.00 11,718.00 TOTAL CHECK 0.00 27,797.62 10100 113829 09/23/15 EXECUTIV EXECUTIVE PROMOTIONAL PR 0014095 PROMO ITEMS-P/INFO 0.00 2,151.01 10100 113830 09/23/15 FARAGOFR FRANK A FARAGO 0015210 PING COMM -8/25 0.00 65.00 10100 113831 09/23/15 FUJIMOTO FLORENCIA FUJIMOTO 001 RECREATION REFUND 0.00 125.00 10100 113832 09/23/15 HUANGIRI IRIS HUANG 001 FACILITY REFUND-PNTRA 0.00 50.00 10100 113833 09/23/15 HURTADOC CARMEN HURTADO 001 RECREATION REFUND 0.00 20.00 10100 113834 09/23/15 KENDRICK GENEVA KENDRICK 001 FACILITY REFUND -DBC 0.00 100.00 10100 113835 09/23/15 LEELAU LAUREN LEE 001 FACILITY REFUND-PNTRA 0.00 50.00 10100 113836 09/23/15 LIEBERTC LIEBERT CASSIDY WHITMORE 0014060 WEBINAR-H/R. 0.00 60.00 10100 113837 09/23/15 LUIJENNY JENNY LUI 001 FACILITY REFUND-PNTRA 0.00 100.00 10100 113838 09/23/15 MAHLKEJE JENNIFER LYNN MAHLKE 0015210 PLNG COMM -8/25 0.00 65.00 10100 113839 09/23/15 MERCHANT MERCHANTS BUILDING MAINT 0014093 MAINT-CITY HALL 0.00 1,290.00 10100 113840 09/23/15 MOBILEIN MOBILE INDUSTRIAL SUPPLY 0015350 CYLINDER HELIUM 0.00 24.00 10100 113840 09/23/15 MOBILEIN MOBILE INDUSTRIAL SUPPLY 0015340 CYLINDER ARGON 0.00 8.00 TOTAL CHECK 0.00 32.00 10100 113641 09/23/15 MURILLOT TINA MURILLO 001 FACILITY REFUND-S/CYN 0.00 50.00 10100 113842 09/23/15 NISHIMUR ROBERT S NISHIMURA 0015210 PING COMM -8/25 0.00 65.00 10100 113843 09/23/15 ORTCOINC ORTCO INC 0015340 PK MAINT-STARSHINE 0.00 2,205.00 10100 113844 09/23/15 OUTDOORC OUTDOOR CREATIONS 0015340 PICNIC TABLES-M/HILI, 0.00 7,959.17 10100 113845 09/23/15 PEREZHEC HECTOR PEREZ 001 FACILITY REFUND -DBC 0.00 500.00 10100 113846 09/23/15 PEREZGUI GUILLERMO PEREZ JR 001 FACILITY REFUND -DBC 0.00 500.00 10100 113847 09/23/15 PSI PROTECTION ONE INC 0014093 ALARM SVCS-C/HALL 0.00 25.55 SUNGARD PENTAMATION INC PAGE NUMBER: 9 DATE: 09/29/2015 CITY OF DIAMOND BAR ACCTPA21 TIME: 15:32:00 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date between '20150910 00:00:00.000' and '20150930 00:00:00.000' ACCOUNTING PERIOD: 3/16 FUND - 001 - GENERAL FUND 0.00 CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION 10100 113847 09/23/15 PSI PROTECTION ONE INC 0015340 10100 113847 09/23/15 PSI PROTECTION ONE INC 0015333 10100 113847 09/23/15 PSI PROTECTION ONE INC 0015340 TOTAL CHECK 0.00 FACILITY REFUND -DBC 0.00 10100 113848 09/23/15 PYROCOMM PYRO COMM SYSTEMS INC 0015333 10100 113849 09/23/15 QUADCOUN QUAD COUNTY PAINTING INC 0014093 10100 113850 09/23/15 QUINNREN QUINN RENTAL SERVICES 0015340 10100 113851 09/23/15 ROMERORE REBECCA ROMERO 001 10100 113852 09/23/15 LOWRUTH RUTH M. LOW 0015210 10100 113853 09/23/15 SAMELAMA MAROSE SAMELA 001 10100 113854 09/23/15 SAMONTEA ABIGAIL SAMONTE 001 10100 113854 09/23/15 SAMONTEA ABIGAIL SAMONTE 001 10100 113854 09/23/15 SAMONTEA ABIGAIL SAMONTE 001 TOTAL CHECK ADDL MAINT-PANTERA 0.00 ADDL MAINT-PANTERA 10100 113855 09/23/15 SANDCARM CARMELA SAN DIEGO 001 10100 113856 09/23/15 SHAHPR PRASHANT SHAH 001 10100 113857 09/23/15 SJC3CONS SJC 3 CONSULTING INC 1255215 10100 113858 09/23/15 SOCIALVO SOCIAL VOCATIONAL SERVIC 0015558 10100 113859 09/23/15 SORIGRAC GRACE SORIANO 001 10100 113860 09/23/15 SCE SOUTHERN CALIFORNIA EDIS 1385538 10100 113861 09/23/15 TASHIMAR ROD TASHIMA 001 10100 113862 09/23/15 TATEUSSI NATALIE TATEUSSIAN 001 10100 113863 09/23/15 TECYUKA YUKA TEO 001 10100 113864 09/23/15 SCGAS THE GAS COMPANY 0015340 10100 113864 09/23/15 SCGAS THE GAS COMPANY 0014093 TOTAL CHECK 10100 113865 09/23/15 TRICITIE T'RI-CITIES POOL SERVICE 0015333 1.01.00 11.3866 09/23/15 TUCKERRA RAYMOND MICHAEL TUCKER 0015350 10100 113867 09/23/15 TZENGHEN HENRY TZENG 001 10100 113868 09/23/15 VALLEYCR VALLEY CREST LANDSCAPE M 0015340 10100 113868 09/23/15 VALLEYCR VALLEY CREST LANDSCAPE M 0015340 -----DESCRIPTION------ SALES TAX ALARM SVCS-S/CYN 0.00 ALARM SVCS -DHC 0.00 ALARM SVCS -HERITAGE - 0.00 0.00 FIRE ALARM -SEPT -MAR 0.00 BLDG MAINT-C/HALL 0.00 EQ RENTAL -PARKS 0.00 FACILITY REFUND -DBC 0.00 PLNG COMM -8/25 0.00 RECREATION REFUND 0.00 FACILITY REFUND -DBC 0.00 FACILITY REFUND -DBC 0.00 FACILITY REFUND -DBC - 0.00 0.00 FACILITY REFUND-S/CYN 0.00 FACILITY REFUND -DBC 0.00 CONSULTANT SVCS-JUL 0.00 LITTER REMOVAL -AUG 0.00 FACILITY REFUND -DBC 0.00 ELECT SVCS -DIST 38 0.00 FACILITY REFUND-HRTGE 0.00 FACILITY REFUND -DSC 0.00 FACILITY REFUND-S/CYN 0.00 GAS SVCS -HERITAGE 0.00 GAS SVCS -CITY HALL 0.00 0.00 FOUNTAIN MAINT-SEPT 0.00 CONTRACT CLASS -FALL 0.00 FACILITY REFUND -DBC 0.00 ADDL MAINT-PANTERA 0.00 ADDL MAINT-PANTERA 0.00 AMOUNT 41.50 69.76 104.03 240.84 585.00 2,550.00 676.30 500.00 65.00 157.00 100.00 500.00 81.00 681.00 50.00 100.00 1,520.00 1,982.76 100.00 83.71 50.00 19.00 50.00 57.65 331.36 389.01 160.00 300.00 100.00 379.02 415.29 SUNGARD PENT AMA TION INC PAGE NUMBER: 10 DATE: 09/29/2015 CITY OF DIAMOND BAR ACCTPA21 TIME: 15:32:00 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date between '20150910 00:00:00.000' and '20150930 00:00:00.000' ACCOUNTING PERIOD: 3/16 FUND - 001 - GENERAL FUND 0014093 WATER SVCS -CITY HALL 10100 113870 09/23/15 CASH ACCT CHECK NO ISSUE DT VENDOR NAME 09/23/15 FUND/DIVISION -----DESCRIPTION------ SALES TAX 10100 113868 09/23/15 VALLEYCR VALLEY CREST LANDSCAPE M 0015340 AIDE MAINT-PANTERA 0.00 10100 113868 09/23/15 VALLEYCR VALLEY CREST LANDSCAPE M 0015340 ADDL MAINT-LORBEER 0.00 10100 113868 09/23/15 VALLEYCR VALLEY CREST LANDSCAPE M 0015340 ADDL MAINT-STARSHINE 0.00 10100 113868 09/23/15 VALLEYCR VALLEY CREST LANDSCAPE M 0015333 LANDSCAPE MAINT-SEPT 0.00 10100 113868 09/23/15 VALLEYCR VALLEY CREST LANDSCAPE M 0015340 LANDSCAPE MAINT-SEPT 0.00 TOTAL CHECK 0015333 SUPPLIES -DBC 10100 113872 09/23/15 WAXIESAN WAXIE SANITARY SUPPLY 0.00 10100 113869 09/23/15 GRAINGER W.W. GRAINGER INC. 0015333 SUPPLIES -DBC 0.00 10100 113870 09/23/15 WVWATER WALNUT VALLEY WATER DIST 0014093 WATER SVCS -CITY HALL 10100 113870 09/23/15 WVWATER WALNUT VALLEY WATER DIST 0015333 WATER SVCS -DBC 10100 113870 09/23/15 WVWATER WALNUT VALLEY WATER DIST 1415541 WATER SVCS -DIST 41 10100 113870 09/23/15 WVWATER WALNUT VALLEY WATER DIST 1395539 WATER 'SVCS -DIST 39 10100 113870 09/23/15 WVWATER WALNUT VALLEY WATER DIST 1385538 WATER SVCS -DIST 38 10100 113870 09/23/15 WVWATER WALNUT VALLEY WATER DIST 0015340 WATER SVCS -PARKS 10100 113870 09/23/15 WVWATER WALNUT VALLEY WATER DIST 1385538 WATER SVCS -DIST 38 TOTAL CHECK 10100 113871 09/23/15 WARDCORN CORNELIA WARD 001 RECREATION REFUND 10100 113872 09/23/15 WAXIESAN WAXIE SANITARY SUPPLY 0015333 SUPPLIES -DBC 10100 113872 09/23/15 WAXIESAN WAXIE SANITARY SUPPLY 0015333 SUPPLIES -DBC 10100 113872 09/23/15 WAXIESAN WAXIE SANITARY SUPPLY 0014093 SUPPLIES -CITY HALL 10100 113872 09/23/15 WAXIESAN WAXIE SANITARY SUPPLY 0015333 SUPPLIES -DSC 10100 113872 09/23/15 WAXIESAN WAXIE SANITARY SUPPLY 0014093 SUPPLIES -CITY HALL 10100 113872 09/23/15 WAXIESAN WAXIE SANITARY SUPPLY 0015333 SUPPLIES -DEC 10100 113872 09/23/15 WAXIESAN WAXIE SANITARY SUPPLY 0014093 SUPPLIES -CITY HALL 10100 113872 09/23/15 WAXIESAN WAXIE SANITARY SUPPLY 0015333 SUPPLIES -DHC 10100 113872 09/23/15 WAXIESAN WAXIE SANITARY SUPPLY 0014093 SUPPLIES -CITY HALL TOTAL CHECK 10100 113873 09/23/15 WEDDING WEDDINGWIRE INC 0014095 ANNE RENEWAL-R/VENUE 10100 113874 09/23/15 WESTCOAS WEST COAST ARBORISTS INC 0015558 TREE MAINT-JUL 2015 10100 113874 09/23/15 WESTCOAS WEST COAST ARBORISTS INC 0015558 TREE MAINT-AUG 2015 10100 113874 09/23/15 WESTCOAS WEST COAST ARBORISTS INC 0015558 WATERING SVCS -AUG 10100 113874 09/23/15 WF.STCOAS WEST COAST ARHORISTS INC 0015558 ARBORIST SVCS -AUG 15 TOTAL CHECK - 10100 113875 09/23/15 WOLFERAY RAY WOLFE 0015210 PING COMM -8/25 10100 113876 09/23/15 WONGTHOM THOMAS WONG 0015350 CONTRACT CLASS -FALL 10100 113877 09/23/15 WOODJENN JENNIFER WOODBURN 001 FACILITY REFUND-PNTFA 10100 113878 09/23/15 WOODRUFF WOODRUFF SPRADLING & SMA 0014020 LEGAL SVCS -GENERAL 10100 113878 09/23/15 WOODRUFF WOODRUFF SPRADLING & SMA 0014020 LEGAL SVCS -COMM DEV 10100 113878 09/23/15 WOODRUFF WOODRUFF SPRADLING & SMA 0014020 LEGAL SVCS -COUNCIL 1_0100 113878 09/23/15 WOODRUFF WOODRUFF SPRADLING & SMA 0014020 LEGAL SVCS-CMGR 10100 113878 09/23/15 WOODRUFF WOODRUFF SPRADLING & SMA 0014020 LEGAL SVCS -FINANCE 10100 113878 09/23/15 WOODRUFF WOODRUFF SPRADLING & SMA 0014020 LEGAL SVCS-SANCHEZ 10100 113878 09/23/15 WOODRUFF WOODRUFF SPRADLING & SMA 0014020 LEGAL SVCS -COMM SVCS 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 � II 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 AMOUNT 447.98 519.12 606.18 5,645.47 25,504.11 33,517.17 232.97 765.60 887.49 2,702.98 4,947.21 9,788.94 20,085.81 1,164.77 40,342.80 CI If 11.77 31.34 140.35 148.56 169.73 178.07 821.86 848.57 945.16 3.295.41 0.00 3,211.00 0.00 18,291.50 0.00 27,860.70 0.00 1,398.00 0.00 161.10 0.00 47,711.30 0.00 65.00 0.00 336.00 0.00 50.00 0.00 82.80 0.00 1,428.30 0.00 1,575.87 0.00 931.50 0.00 455.40 0.00 201.60 0.00 248.40 SUNGARD PENTAMATION INC DATE: 09/29/2015 CITY OF DIAMOND BAR TIME: 15:32:00 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date between '20150910 00:00:00.000' and '20150930 00:00:00.000' ACCOUNTING PERIOD: 3/16 --DESCRIPTION------ SALES TAX LEGAL SVCS-P/WORKS 0.00 0.00 A/V SVCS-CNCL MTG 0.00 9/25/15 -LOAN DEDUCTIO 0.00 9/25/15-P/R DEDUCTION 0.00 0.00 RETIRE CONTRIB-PEPRA FUND - 001 - GENERAL FUND RETIRE CONTRIB-EE CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION 10100 - 113878 09/23/15 WOODRUFF WOODRUFF SPRADLING & SMA 0014020 TOTAL CHECK 0.00 P/R TRANSFER-19/PP 10100 113879 09/23/15 WRIGHTP PAUL WRIGHT 0014090 10100 113880 09/23/15 VANTAGEP VANTAGEPOINT TRNSFR AGNT 001 10100 113880 09/23/15 VANTAGEP VANTAGEPOINT TRNSFR AGNT 007, TOTAL CHECK P/R TRANSFER-19/PP 15 0.00 10100 PP20/15 09/23/15 PERSRETI PERS RETIREMENT FUND 001 10100 PP20/15 09/23/15 PERSRETI PERS RETIREMENT FUND 001 10100 PP20/15 09/23/15 PERSRETI PEAS RETIREMENT FUND 001 TOTAL CHECK P/R TRANSFER-20/PP 15 10100 19 -PP 15 09/10/15 PAYROLL PAYROLL TRANSFER 001 10100 19 -PP 15 09/10/15 PAYROLL PAYROLL TRANSFER 112 10100 19 -PP 15 09/10/15 PAYROLL PAYROLL TRANSFER 113 10100 19 -PP 15 09/10/15 PAYROLL PAYROLL TRANSFER 115 10100 19 -PP 15 09/10/15 PAYROLL PAYROLL TRANSFER 138 10100 19 -PP 15 09/10/15 PAYROLL PAYROLL TRANSFER 139 10100 19 -PP 15 09/10/15 PAYROLL PAYROLL TRANSFER 141 TOTAL CHECK 10100 20 -PP 15 09/23/15 PAYROLL PAYROLL TRANSFER 001 10100 20 -PP 15 09/23/15 PAYROLL PAYROLL TRANSFER 112 10100 20 -PP 15 09/23/15 PAYROLL PAYROLL TRANSFER 113 10100 20 -PP 15 09/23/15 PAYROLL PAYROLL TRANSFER 115 10100 - 20 -PP 15 09/23/15 PAYROLL PAYROLL TRANSFER 138 10100 20 -PP 15 09/23/15 PAYROLL PAYROLL TRANSFER 139 10100 20 -PP 15 09/23/15 PAYROLL PAYROLL TRANSFER 141 TOTAL CHECK 10100 PP 19/15 09/10/15 PERSRETI PERS RETIREMENT FUND 001 10100 PP 19/15 09/10/15 PERSRETI PERS RETIREMENT FUND 001 10100 PP 19/15 09/10/15 PERSRETI PERS RETIREMENT FUND 001 TOTAL CHECK 10100 PP 20/15 09/23/15 PERSRETI PEAS RETIREMENT 001 10100 PP 20/15 09/23/15 PERSRETI PERS RETIREMENT 001 10100 PP 20/15 09/23/15 PERSRETI PERS RETIREMENT 001 TOTAL CHECK --DESCRIPTION------ SALES TAX LEGAL SVCS-P/WORKS 0.00 0.00 A/V SVCS-CNCL MTG 0.00 9/25/15 -LOAN DEDUCTIO 0.00 9/25/15-P/R DEDUCTION 0.00 0.00 RETIRE CONTRIB-PEPRA 0.00 RETIRE CONTRIB-EE 0.00 SURVIVOR BENEFIT 0.00 0.00 P/R TRANSFER-19/PP 15 0.00 P/R TRANSFER-19/PP 15 0.00 P/R TRANSFER-19/PP 15 0.00 P/R TRANSFER-19/PP 15 0.00 P/R TRANSFER-19/PP 15 0.00 P/R TRANSFER-19/PP 15 0.00 P/R TRANSFER-19/PP 15 0.00 0.00 P/R TRANSFER-20/PP 15 0.00 P/R TRANSFER-20/PP 15 0.00 P/R TRANSFER-20/PP 15 0.00 P/R TRANSFER-20/PP 15 0.00 P/R TRANSFER-20/PP 15 0.00 P/R TRANSFER-20/PP 15 0.00 P/R TRANSFER-20/PP 15 0.00 0.00 SURVIVOR BENEFIT 0.00 RETIRE CONTRIB-EE 0.00 RETIRE CONTRIB-PEPRA 0.00 0.00 RETIRE CONTRIB-PEPRA 0.00 RETIRE CONTRIB-EE 0.00 SURVIVOR BENEFIT 0.00 0.00 PAGE NUMBER: 11 ACCTPA21 AMOUNT 144.90 5,068.77 150.00 3,588.75 5,082.72 8,671.47 883.10 26,615.75 48.36 27,547.21 172,400.01 4,712.41 3,483.17 14,229.07 1,382.15 796.30 670.01 197,673.12 179,778.25 2,163.75 2,510.59 11,830.96 1,027.62 586.36 499.30 198,396.83 48.36 26,568.49 882.99 27,499.84 93.16 223.84 6.00 323.00 TOTAL CASH ACCOUNT 0.00 1,048,300.58 TOTAL FUND 0.00 1,048,300.58 SUNGARD PENTAMATION INC DATE: 09/29/2015 CITY OF DIAMOND BAR TIME: 15:32:00 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date between '20150910 00:00:00.000' and '20150930 00:00:00.000' ACCOUNTING PERIOD: 3/16 FUND - 160 - USED MOTOR OIL ELK GRT CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION -----DESCRIPTION------ SALES TAX 10100 113805 09/17/15 SUSTAINA HULS ENVIRONMENTAL MANAG 1605516 USED OIL GRANT MGMT 0.00 TOTAL CASH ACCOUNT 0.00 TOTAL FUND 0.00 PAGE NUMBER: 12 ACCTPA21 AMOUNT 715.00 715.00 715.00 SUNGARD PENTAMATION INC DATE: 09/29/2015 CITY OF DIAMOND BAR TIME: 15:32:00 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date between '20150910 00:00:00.000' and '20150930 00:00:00.000' ACCOUNTING PERIOD: 3/16 PAGE NUMBER: 13 ACCTPA21 AMOUNT 82.50 715.78 234.78 950.56 1,033.06 1,033.06 1.050.048.64 FUND - 161 - BEVERAGE CTNR RECY GRT CASH ACCT CHECK NO ISSUE OT VENDOR NAME FUND/DIVISION -----DESCRIPTION------ SALES TAX 10100 113806 09/17/15 SUSTAINA BUDS ENVIRONMENTAL MANAG 1615516 BEV CONTAINER GRANT 0.00 10100 113807 09/17/15 ULINEINC ULINE INC 1615516 SUPPLIES -RECYCLING 0.00 10100 113807 09/17/15 ULINEINC ULINE INC 1615516 SUPPLIES -RECYCLING 0.00 TOTAL CHECK 0.00 TOTAL CASH ACCOUNT 0.00 TOTAL FUND 0.00 TOTAL REPORT 0.00 PAGE NUMBER: 13 ACCTPA21 AMOUNT 82.50 715.78 234.78 950.56 1,033.06 1,033.06 1.050.048.64 CITY COUNCIL �Q>RPORA1.n'4� TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Mana e TITLE: Treasurer's Statement — August20 5 RECOMMENDATION: Approve the August 2015 Treasurer's Statement. FINANCIAL IMPACT: No Fiscal Impact BACKGROUND: Agenda # 6 e s Meeting Date: Oct. 6, 2015 Per City policy, the Finance Department presents the monthly Treasurer's Statement for the City Council's review and approval. This statement shows the cash balances with a breakdown of various investment accounts and the yield to maturity from investments. This statement also includes an investment portfolio management report which details the activities of investments. All investments have been made in accordance with the City's Investment Policy. PREPARED BY: Susan Full, Senior Accountant REVIEWED BY: Al r a Dianna Honeywell, Finance Dir ctor Attachments: Treasurer's Statement, Investment Portfolio Report CITY OF DIAMOND BAR - CITY TREASURER'S REPORT CASH BALANCE AS OF AUGUST 31, 2015 BEGINNING CASH BALANCE CASH RECEIVED Cash Receipts $1,819,044.13 $32,127,017.54 Total Cash Received $1,819,044.13 $33,946,061.67 EXPENDITURES Checks Written ($2,599,575.91) Payroll Transfers (416,716.89) Wire Transfers (2,069.92) Returned Checks (4,508.09) Charge Card Fees & Other Adjustments (4,383.63) Total Expenditures ($3,027,254.44) CASH BALANCE AS OF: AUGUST 31, 2015 $30,918,807.23 TOTAL CASH BREAKDOWN Active Funds General Account ($144,869.60) Payroll Account $50,333.40 Change Fund $1,200.00 Petty Cash Account $500.00 Cash With Fiscal Agent $3.06 Unamortized Discount on Investments $14,383.15 Total Active Funds ($78,449.99) Investment Funds: Local Agency Investment Fund $10,657,344.95 Federal Agency Callable $9,386,067.36 Bank Negotiable CDs $10,620,549.49 Wells Fargo Advantage Money Market Fund $333,295.42 Total Investment Funds $30,997,257.22 CASH BALANCE AS OF: AUGUST 31, 2015 $30,918,807.23 Average Yield to Maturity 0,931% FY2015-16 Year -To -Date Interest Earnings $46,365.42 FY2015-16 Budgeted Annual Interest Earnings $246,800.00 CITY OF DIAMOND BAR INVESTMENT PORTFOLIO SUMMARY REPORT for the Month of August 31, 2015 TOTALS TOTAL INTEREST EARNED J DeStefan City Treasurer 9/21/2015 Date $30,997,257.22 100.00% N/A N/A N/A MONTH ENDING August 31, 2015 $23,843.45 FISCAL YEAR-TO-DATE 2015-16 $46,365.42 1 certify that this report accurately reflects all City pooled investments and is in conformity with the investment policy of the City of Diamond Bar approved by City Council and on file in the City Clerk's office. The investment program herein provides sufficient cash flow liquidity to meet the next six months estimated expenditures. Page 1 PERCENT OF DAYS TO INVESTMENTS BOOK VALUE PORTFOLIO TERM MATURITY YIELD TO MATURITY Local Agency Investment Fund $10,657,344.95 34.38% 1 1 0.260 Federal Agency Issues - Callable $9,386,067.36 30.28% 1,642 604 1.144 Negotiable CD's - Banks $10,620,549.49 34.26% 1,500 1,027 1.444 Wells Fargo Sweep Account $333,295.42 1.08% 1 1 0.010 Total Investments and Averages $30,997,257.22 100.00% 1011 535 0.931 TOTALS TOTAL INTEREST EARNED J DeStefan City Treasurer 9/21/2015 Date $30,997,257.22 100.00% N/A N/A N/A MONTH ENDING August 31, 2015 $23,843.45 FISCAL YEAR-TO-DATE 2015-16 $46,365.42 1 certify that this report accurately reflects all City pooled investments and is in conformity with the investment policy of the City of Diamond Bar approved by City Council and on file in the City Clerk's office. The investment program herein provides sufficient cash flow liquidity to meet the next six months estimated expenditures. Page 1 Par Investments Value Loral Agency Investment Funds 10,657,344.95 Federal Agency Callable 9,400,000.00 Negotiable CD 10,621,000.00 Wells Fargo Sweep Acwunt 333,295.42 1,500 31,011,640.37 Investments 1 Total Earnings August 31 Month Ending Current Year 23,843.45 Average Daily Balance 31,405,123.56 Effective Rate of Return 0.89% Dianna Honeywell, Finance Director City of Diamond Bar City of Diamond Bar 21810 Copley Drive Diamond Bar, CA Portfolio Management (909)839-7053 Portfolio Summary August 31, 2015 Market Book %of Days to YTM/C Value Value Portfolio Term Maturity 10,661,351.89 9,378,940.75 10,616,213.08 333,296,42 10,657,344.95 34.38 1 9,386,067,36 30.28 1,642 10,620,549.49 34.26 1,500 333,295.42 1.08 1 30,989,801.14 30,997,257.22 100.00% 1,011 Fiscal Year To Date 46,365.42 33,043,258.72 0.83% 1 0.260 604 1.144 1,027 1.444 1 0.010 535 0.931 Reporting period 08/01/2015-08/31/2015 Portfolio POOL AP Run Date: 09/16/2015 -17:07 PM (PRF PMI) 73.0 Report Ver. 7.3.31, City of Diamond Bar Portfolio Management Portfolio Details - Investments August 31, 2015 Average Purchase CUSIP Investment# Issuer Balance Date Par Value Market Value Local Agency Investment Funds LAIF 10028 Local Agency Investment Fund Subtotal and Average 9,157,344.95 Federal Agency Callable 3133EA5V6 10041 3133EC7A6 10043 3133EC784 10044 3133ECJL9 10049 3133ECMZ4 10051 3133ECNY6 10056 3133ECP40 10060 313382HD8 10047 313382Y98 10057 3133834Y4 10059 313379EE5 10083 313OA5C64 10116 313381G82 10118 313OA5X61 10122 3134G3S50 10040 3134G7JO5 10121 3134G7KR1 10123 3135GONF6 10031 3135GOTP8 10079 3136G1DG1 10090 Negotiable CD 02006LNFS 02587DMV7 02587GAWO 06740KHB6 05568P7A9 14042OPC8 14042E4P2 17284CKN3 Run Date, 09/16/2015 - 17 07 Federal Farm Credit Bank Federal Farm Credit Bank Federal Farm Credit Bank Federal Farm Credit Bank Federal Farm Credit Bank Federal Farm Credit Bank Federal Farm Credit Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Mtg Corp Federal Home Loan Mtg Corp Federal Home Loan Mtg Corp Federal National Mtg Assn Federal National Mtg Assn Federal National Mtg Assn Subtotal and Average 10,240,739.46 10/26/2012 12/12/2012 12/13/2012 04/02/2013 05/01/2013 05/08/2013 05/09/2013 03/27/2013 05/16/2013 05/29/2013 06/19/2014 05/28/2015 07/13/2015 07/29/2015 10/26/2012 07/29/2015 07/30/2015 08/21 /2012 03/19/2014 07/01/2014 Page 1 Stated Days to YTM/C Maturity Book Value Rate Term Maturity Date 10,657,344.95 10,661,351.89 10,657,344.95 10,657,344.95 10,661,351.89 10,657,344.95 500,000.00 499,83400 499,928.20 1,000,000.00 995,366.00 999,543.89 500,000.00 497,766.00 499,885.83 500,000.00 500 028.00 500,000.00 500,000.00 499,599.00 500,000.00 500,000.00 497,489.50 499,865.69 - 500,000.00 499,184.50 499,683.33 150,000.00 149,838.00 150,000.00 500,000.00 496,864.00 500,000.00 500,000.00 496,879.00 500,000.00 500,000.00 503,290.00 497,152.51 250,000.00 250,429.75 249,881 46 250,000.00 246,458.75 247,332.71 500,000.00 500,579.50 500,000.00 500,000.00 500,609.50 499,927.34 500,000.00 499,924.00 500,000.00 500,000.00 498,809.00 500,000.00 500,000.00 500,245.50 499,763.33 500,000.00 495,900.00 494,209.45 250,000.00 249,84675 248,89362 9,400,000.00 9,378,940.75 9,386,067.36 0.260 1 1 0.260 1 0.260 0.620 1,459 419 0.820 1,826 833 0.840 1,826 834 0.600 1,263 381 0.690 1,461 608 0.950 1,826 980 0.640 1,461 616 0.700 1,371 483 1.000 1,826 988 1.040 1,826 1,001 1.625 1,821 1,382 1.500 1,827 88 1.385 1,620 1,570 1.125 1,827 332 0625 1,467 427 1.000 1,461 150 1.500 1,280 59 1.000 1,826 20 1250 1,778 59 1.050 1,337 910 248,000.00 1,642 604 0.633 10/24/2016 0.840 .12/12/2017 0.850 12/13/2017 0.600 09/16/2016 0.690 05/01/2017 0.960 05/08/2018 0.678 05/09/2017 0.700 12/27/2016 1.000 05/16/2018 1.040 05/29/2018 1783 06/14/2019 1.601 05/28/2020 1 643 12/19/2019 2.026 07/29/2020 0.638 11/01/2016 1.797 07/29/2019 1.500 01/30/2019 1.035 08/21/2017 2.158 01/30/2019 1.232 02/27/2018 1.144 10108 Ally Bank UT 01/29/2015 248,000.00 247,079.18 248,000.00 1 250 1,096 881 1.045 01/29/2018 10052 American Express Centurion Bk 05/02/2013 248,000.00 247,126.05 248,000.00 1.100 1,826 974 1.101 05/02/2018 10098 American Express Centurion Bk 08/21/2014 248,000DO 248,829.56 248,000.00 2-100 1,826 1,450 2.101 08/21/2019 10091 Barclays Bank 07/02/2014 248,000.00 247,990.33 248,000.00 2.050 1,826 1,400 2.051 07/02/2019 10061 BMW Bank 04/25/2014 248,000.00 248,390.35 248,000.00 1.900 1,826 1,332 1.901 04/25/2019 10100 Capital One Bank 09/17/2014 248,000.00 246,76471 248,000.00 1.550 1,461 1,112 1.551 09/17/2018 10120 Capital One Bank 07/15/2015 248,000.00 247,221.78 248,000.00 2.300 1,827 1,779 2.303 07/15/2020 10067 CIT Bank 08/14/2013 248,000,00 249,868.93 248,000.00 1.900 1,826 1,078 1,901 08/14/2018 Portfolio POOL AP PM (PRF_PM2) 7 3,0 Report Ver. 73.31, City of Diamond Bar Portfolio Management Portfolio Details - Investments August 31, 2015 Page 2 Portfolio POOL AP Run Date: 09/16/2015-17:07 PM(PRF_Pori Average Purchase Stated Daysto YTM/C Maturity CUSIP Investment# Issuer Balance Date Par Value Market Value Book Value Rate Term Maturity Date Negotiable CD 20033AL07 10117 Comenity Capital Bank 07/14/2015 248,000,00 247,238.89 248,000.00 2.350 1,826 1,777 2.355 07/13/2020 20451PBV7 10066 Compass Bank 08/07/2013 248000.00 249,858.76 248,000.00 1.750 1,826 1,071 1.751 08/07/2018 232D4HBH0 10089 Customers Bank 06/30/2014 248,000.00 247,951.39 247,549.49 0.950 1,085 657 0.764 06/19/2017 254671 G53 10075 Discover Bank - 02/20/2014 248,000.00 247,670.16 248,000.00 1.850 1,826 1,268 1.851 02/20/2019 29266NG84 10107 EnerBank USA 01/29/2015 248,000.00 248,530.72 248,000.00 1400 1,461 1,246 0.000 01/29/2019 29976DZD5 10119 Everbank/Jacksonville FL 07/14/2015 248,000.00 247,224.50 248,000.00 2.000 1,827 1,778 2.002 07/14/2020 33764JEH4 10012 First Bank Puerto Rico 06/08/2012 249,000.00 250,893.40 249,000.00 1.250 1,461 281 1.251 06/08/2016 34387ABA6 10102 Flushing Savings Bank 12/10/2014 248,000.00 246,894.42 248,000 00 1.800 1,461 1,196 1 800 12/10/2018 32082BCY3 10078 First Merchants Bank 03/21/2014 248,000.00 248,605.62 248,000.00 1.000 1,280 751 1002 09/21/2017 32114LAF6 10093 First National Bank 07/16/2014 248,000.00 248,272.06 248,000.00 0.800 916 504 0.803 01/17/2017 36160WK57 10026 GE Capital Financial Inc. 05/04/2012 248,000.00 250,554.15 248,000.00 1,750 1,826 611 1.751 05/04/2017 36160KZK4 10073 GE Capital Retail Bank 01/31/2014 248,000.00 248,914.87 248,000.00 1.900 1,826 1,248 1.901 01/31/2019 38147JSY9 10074 Goldman Sachs Bank 02/05/2014 248,000.00 248,217.00 248,000.00 1.900 1,826 1,253 1.901 02/05/2019 39120VRM8 10099 Great Southern Bank 09/12/2014 248,000.00 248,407.46 248,000.00 0.900 822 468 0.902 12/12/2016 40434ASZ3 10112 HSBC Bank USA 03/30/2015 248,000.00 245,785.11 248,000.00 1.250 1,827 1,672 2.223 03/30/2020 45383UPJ8 10077 Independent Bank CD 03/14/2014 248,000.00 248,650.01 248,000.00 0900 1,280 744 0.902 09/14/2017 856284X58 10094 State Bank of India 07/22/2014 248,000.00 247,839.54 248,000.00 2,000 1,826 1,420 2.001 07/22/2019 464209BR5 10054 Isabella Bank &Trust Company 05/30/2013 248,000.00 244,190.47 248,000.00 0.750 1,826 1,002 0.750 05/30/2018 48125TU86 10110 JP Morgan Chase 02/06/2015 500000.00 501,568.00 500,000.00 1.000 1,461 1,254 1.856 02/06/2019 49306SRT5 10053 Key Bank U S A, N A 05/08/2013 248,000T)0 248,106.89 248,000 00 0.450 915 69 3.376 11/09/2015 51210SITY6 10061 Lakeside Bank 05/17/2013 248,000.00 247,508.96 248,000.00 0.750 1,461 624 0.750 05/17/2017 58403BK62 10080 Medallion Bank 03/28/2014 248,000.00 246,520.93 248,000.00 1.250 1,461 939 1.254 03/28/2018 59013JCE7 10101 Merrick Bank 11/28/2014 248,000.00 248,495.26 248,000.00 1.000 731 454 1001 11/28/2016 686184TKS 10055 Oriental Bank &Trust 05/16/2013 248,00000 248,039.43 248,000.00 0.650 1,096 258 0,651 05/16/2016 70153RHEl 10076 Parkway Bank &Trust 03/19/2014 248,000.00 245,762.30 248,000.00 1.650 1,826 1,295 1.651 03/19/2019 7127OOLS3 10105 People's United Bank 01/28/2015 248,000.00 248,389.36 248,000.00 1.750 1,826 1,610 1.751 01/28/2020 74267GUN5 10082 Pnvatebank&Trust Cc - CD 05/21/2014 248,000.00 247,997.27 248000.00 1.650 1,645 1,177 1.653 11/21/2018 78658ODS9 10095 Safra National Bank 07/30/2014 248,000.00 245,846.12 248,00000 1.350 1,461 1,063 1.641 07/30/2018 795450SF3 10097 Sallie Mae Bank 08/06/2014 248,000.00 248,189.47 248,000.00 2.050 1,826 1,435 2.051 08/06/2019 80928EJC5 10063 Scotiabank De Puerto Rico 06/07/2013 248,00000 248,825.10 248,000.00 0,700 1,096 280 0,701 06/07/2016 87482VAA3 10096 Talmer Bank &Trust 08/06/2014 248,000.00 248,314.46 248,000.00 0.700 733 342 0.701 08/08/2016 06251AF62 10109 Wells Fargo 02/09/2015 248,000.00 248,229.15 248,000.00 0.550 365 161 0.550 02/09/2016 981571 BD3 10113 World's Foremost Bank 05/13/2015 200,000.00 197,551.40 200,000.00 2.000 1,827 1,716 2.002 05/13/2020 94768NJU9 10088 Webster Bank 07/02/2014 248,000.00 247,899.56 248,000.00 1.900 1,826 1,400 1.901 07/02/2019 Subtotal and Average 10,620,539.20 10,621,000.00 10,616,213.08 10,620,549.49 1,500 1,027 1.444 Portfolio POOL AP Run Date: 09/16/2015-17:07 PM(PRF_Pori City of Diamond Bar Total and Average 31,405,123.56 31,011,640.37 30,989,801.14 30,997,257.22 1,011 535 0.931 Portfolio POOL AP Run Dale: 09/16/2015 -17:07 PM (PRF_PM2) 7.3.0 Portfolio Management Page Portfolio Details - Investments August 31, 2015 Average Purchase Stated Days to YTM/C Maturity CUSIP Investment# Issuer Balance Date Par Value Market Value Book Value Rate Term Maturity Date Wells Fargo Sweep Account SWEEP 10036 Wells Fargo 07/01/2012 333,295.42 333,295.42 333,295.42 0.010 1 1 0.010 Subtotal and Average 1,386,499.95 333,295.42 333,295.42 333,295.42 1 1 0.010 Total and Average 31,405,123.56 31,011,640.37 30,989,801.14 30,997,257.22 1,011 535 0.931 Portfolio POOL AP Run Dale: 09/16/2015 -17:07 PM (PRF_PM2) 7.3.0 CITY COUNCIL Agenda # 6.6 Meeting Date: October 6, 2015 TO: Honorable Mayor and Members of the City Council FROM: James DeStefano, City Mana &e TITLE: Authorize City Manager to Enter into Contract for Annual Property Tax Consulting and Audit Services with HdL Coren & Cone, Inc. Commencing FY 2015/16 through 2020/21 for an Annual Fee of $12,240 Plus 25% of Tax Revenue Recovered for the City, for a Total Five Year Contract Amount not to exceed $125,000. RECOMMENDATION: Approve FINANCIAL IMPACT: The annual fee is $12,240 plus 25% of net tax revenues recovered for the City with a total five year contract amount not to exceed $125,000. It is currently budgeted to be paid for out of the General Fund. BACKGROUND/DISCUSSION: HdL Coren & Cone, Inc. (HdL) was founded in 1992 and has developed a proprietary system for tracking property tax revenues for counties, cities and special districts. The company is able to help these entities by using the data for parcel administration, focused economic development strategies and revenue projections. HdL has developed specialized databases and audit techniques and is thoroughly familiar with the County of Los Angeles. This familiarity and excellent working relationships with County departments will allow the City of Diamond Bar to recover misallocated property tax revenue in a timely manner. City Staff will also have access to web -based software to gather property tax data which will be useful to a variety of departments within the City. With the new housing development, Willow Heights, which will be processed onto the Los Angeles County property tax roll this year, it is important to capture accurate data for revenue forecasting purposes and for the preparation of the City's Gann Appropriation Limit, which is required by State law. HdL is considered the gold standard in the industry when it comes to municipal property tax services. Currently, HdL provides the City with the same type of consulting and audit services as it relates to sales tax revenue. Due to the established relationship and proximity of their offices to City Hall, HdL is able to offer discounted, very competitive pricing to the City. It is recommended that the City Council approves the contract for property tax consulting and audit services to HDL Coren & Cone, Inc. PREPARED BY: Dianna Honeywell - Finance Director Attachments: 1. Consulting Services Agreement 2. Exhibit A — Schedule of Performance CITY OF DIAMOND C.. . 1 9 &01 This AGREEMENT (the "Agreement") is made and entered into as of the day of , 2015 by and between the CITY OF DIAMOND BAR, a municipal corporation hereinafter called CITY, and HdL Coren & Cone, a California Corporation hereinafter called CONTRACTOR. RECITALS WHEREAS, property tax revenues can be verified and potentially increased through a system of continuous monitoring, identification and reconciliation to county records; and WHEREAS, an effective program of property tax management will assist the CITY in fiscal, economic and community development planning; and WHEREAS, CITY desires the property tax data based reports and data analysis required to effectively manage the CITY property tax base and identify and recover revenues misallocated within the CITY, or to other jurisdictions; and WHEREAS, CONTRACTOR is a state-wide expert in such data analysis with over 190 public agency clients for whom such services are performed and has the programs, equipment, data and persom2el required to deliver the property tax services referenced herein; WHEREAS, CITY prefers to pay for certain of such services through a contingency arrangement where payment is made from monies recovered and CONTRACTOR is willing to base its compensation on such a risk-based formula. NOW, THEREFORE, CITY and CONTRACTOR, for the consideration hereinafter described, mutually agree as follows: 1.0 DEFINITIONS For purposes of this Agreement, the following terms shall have the meaning stated below: Audit Review: "Audit" or "Audit Review" shall mean the comparison of databases to ensure that parcels are correctly coded with the appropriate tax rate area to return revenue to the client city. Audits include the secured and unsecured tax rolls and where secured records are corrected; the corresponding unsecured records related to those properties are also corrected. A review of the calculation methodologies developed by auditor/controller offices in the administration of property tax revenues or tax increment revenues is made to ensure compliance. New annexations are audited the 1st or 2nd year after the area's adoption due to the timing of LAFCO and the State Board of Equalization in assigning new tax rate areas and county processing of those changes. County: "County" shall mean the County of Los Angeles in which the CITY is located. Database: "Database" shall mean a computerized listing of property tax parcels and information compiled for CITY from information provided by the County. Days: "Days" shall mean calendar days. Property Tax Roll: "Property Tax Roll" shall mean the assessed values of parcels on the secured and unsecured lien date rolls as reported by the County. Proprietary Information: "Proprietary Information" shall be the reports, technical information, compilations of data, methodologies, formula, software, programs, technologies and other processes previously designed and developed by CONTRACTOR and used in the performance of the services hereunder. Recovered/Reallocated Revenue: "Recovered or Reallocated Revenue" shall mean additional revenue received as a result of an audit or review of properties submitted for correction or for corrections due erroneous calculations or incorrect methods of distributing revenue discovered by the CONTRACTOR and then made by County agencies which result in a return of additional revenue to the CITY. Reviews of CITY - administered pass throughs are performed to ensure the correctness of distributions being made to participating agencies. Scope of Services: "Scope of Services" shall mean all of the Base Services specified in Section 2.0, the Optional Services in Section 3.0, the Additional Services in Section 4.0, or any other services rendered hereunder. TRA: "Tax Rate Area" shall mean the area subject to the tax rate. 2.0 BASE SERVICES The CONTRACTOR shall perform all of the following duties as part of the Base Services provided hereunder, unless otherwise specified in writing by the Contract Officer: 2.1 Analysis And Identification Of Misallocation Errors (Contingent Fee (a) In the first year of this Agreement, and as necessary thereafter but not less than once every five (5) years, CONTRACTOR shall conduct an analysis to identify and verify in the CITY parcels on the secured Property Tax Roll which are not properly attributed to a CITY, and will provide the correct TRA designation to the proper County agency. Typical errors include parcels assigned to incorrect TRAs within the CITY or an adjacent city, and TRAs allocated to wrong taxing agencies. (b) CONTRACTOR shall annually reconcile the annual auditor - controller assessed valuations report to the assessor's lien date rolls and identify discrepancies. 2 (c) CONTRACTOR shall annually review parcels on the unsecured Property Tax Roll to identify inconsistencies such as value variations, values being reported to a mailing address rather than the situs address, and errors involving TRAs (to the extent records are available). (d) CONTRACTOR may audit general fund property tax revenue or other revenues attributable to the CITY and special districts. 2.2 Annual Services (Fixed Fee) Annually, after the Property Tax Roll is available: (a) CONTRACTOR shall establish a Database for CITY available through CONTRACTOR's online property tax application. (b) Utilizing the Database, CONTRACTOR will provide: (1) A listing of the major property owners in the CITY, including the assessed value of their property. (2) A listing of the major property tax payers, including an estimate of the property taxes. (3) A listing of property tax transfers which occurred since the prior lien date (4) A comparison of property within the CITY by county -use code designation. (5) A listing by parcel of new construction activity between tax years to provide reports for use in the CITY's preparation of Gann (Propositions 4 and 111) State Appropriation Limit calculations. (6) Calculate an estimate of property tax revenue anticipated to be received for the fiscal year by the CITY. This estimate is based upon the initial information provided by the County and is subject to modification. This estimate shall not be used to secure the indebtedness of the CITY. (7) Development of forecast of estimated general fund property tax revenue for future fiscal years. (8) Development of historical trending reports involving taxable assessed values for the CITY, median and average sales prices, foreclosure activity and related economics trends. (9) Upon written request, analyses based on geographic areas designated by the CITY to include assessed valuations and square footage computations for use in community development planning. 3 2.3 Quarterly Services/Monthly Services (Fixed Fee) The CONTRACTOR shall perform the following services quarterly: (a) A listing of property tax appeals filed on properties in the CITY. (b) A listing of property transfers that have occurred since the last report. (c) Monthly update of CONTRACTOR'S web -based software program to include parcel transfer data and appeal updates. 2.4 On -Going Consultation (Fixed Fee) During the term of this Agreement, CONTRACTOR will serve as the CITY's resource staff on questions relating to property tax and assist in estimating current year property tax revenues. On-going consultation would include, but not be limited to, inquiries resolved through use of the CITY's database. 3.0 OPTIONAL SERVICES The following services are available on a time and materials basis: 3.1 Specified Data Generation of specialized data -based reports or the development of special geo-based designations from CITY maps or geographic areas which would require additional programming, the purchase of additional data, costs for county staff research, additional historical parcel tracking by CONTRACTOR or similar matters not necessary to carry out services outlined in Section 2.0. 3.2 Countv Research Any research with County agencies for which CONTRACTOR does not have a current database. 3.3 Specialized Services Other services for which the CONTRACTOR has expertise as requested by the CITY. 3.3 Additional Meetings Requested Meetings in excess of the annual meeting to review the analysis of property tax data, trending information, and other findings with CITY shall be considered an Optional Service. 4 CITY shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written amendment to this Agreement is executed as between the CITY and CONTRACTOR incorporating therein any material adjustment in and/or the time to perform this Agreement. It is expressly understood by CONTRACTOR that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services or reasonably contemplated therein. 5.0 OBLIGATIONS OF THE PARTIES WITH RESPECT TO SERVICES 5.1 Citv Materials and Support CITY agrees to provide the following information: Current CITY maps; 2. A copy of reports received by the CITY annually from the Auditor - Controller's office detailing assessed values (secured, unsecured and utilities), as well as unitary values for reconciliation analysis; 3. Parcel listing and maps of CITY parcel annexations since the lien date roll; 4. A listing of the CITY levies assessment districts and direct assessments; and 5. Remittance Advices. 5.2 Compliance with Law All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the CITY and any Federal, State or local governmental agency having jurisdiction in effect at the time service is rendered. 5.3 License, Permits, Fees and Assessments CONTRACTOR shall obtain such licenses, permits and approvals (collectively the "Permits") as may be required by law for the performance of the services required by this Agreement. CITY shall assist CONTRACTOR in obtaining such Permits. 5.4 Further Responsibilities of Parties Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all 5 instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other. 6.0 CONSIDERATION 6.1 Base Fixed Fee Services CONTRACTOR shall provide the Base Services described in Section 2.0 above, for a fixed annual fee of $12,240 (invoiced quarterly). The fee for the first 3 years of this Agreement shall be the annual fixed fee as noted. In the fourth (4'h) year of the Agreement the Base Fixed Services Fee shall be adjusted by the California Consumer Price Index (CCPI) for all urban consumers as determined by the California Department of Industrial Relations as measured February of the first year to February of third year of this Agreement. The revised Base Fixed Services Fee including the CCPI adjustment shall apply to the 4 t and 5"' years of the Agreement and to any extension beyond the five-year term as provided for in Section 7.4. 6.2 Base Contingent Fee Services For Base Services pursuant to Section 2.1 which are payable on a contingent basis, CONTRACTOR shall receive 25 percent of revenues or funds recovered or reallocated to CITY which are directly or indirectly the result of an audit, analysis or consultation performed by CONTRACTOR. CONTRACTOR shall separate and support said recovery or reallocation and provide CITY with an itemized invoice showing all amounts due as a result of revenue recovery or reallocation. CITY shall pay audit fees after CONTRACTOR's submittal of evidence that corrections have been made by the appropriate agency. Payment to CONTRACTOR shall be made within thirty (30) days after CITY receives its first remittance advice during the fiscal year for which the correction applies. 6.4 Indirect Expenses Except as specified above, no other charges shall be made for direct or indirect expenses incurred by CONTRACTOR in performing this Agreement, including, but not limited to, administrative overhead, salaries of CONTRACTOR'S employees, travel expenses or similar matters. 6.5 Due Date Except for fees due under Section 6.2, all fees are due within 30 days of receipt by CITY of properly submitted invoices. All amounts that are not paid when due shall accrue interest from the due date at the rate of one percent per month (12% per annum). 6 7.1 Time of Essence Time is of the essence in the performance of this Agreement. 7.2 Schedule of Performance CONTRACTOR shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the "Schedule of Performance" attached hereto as Exhibit "A", and incorporated herein by this reference. When requested by the CONTRACTOR, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by CITY's City Manager but not exceeding one hundred eighty (180) days cumulatively. 7.3 Force Maieure The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the CONTRACTOR, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the CITY, if the CONTRACTOR shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The CITY's City Manager shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the City Manager such delay is justified. 7.4 Term Unless earlier terminated in accordance with Section 9.11 of this Agreement, this Agreement shall continue in full force and effect for five (5) years, and, unless a notice of termination is given on the fourth anniversary date, shall be automatically extended from year to year until and such notice shall be given. 8.0 COORDINATION OF WORK 8.1 Representative of CONTRACTOR The following principals of CONTRACTOR are hereby designated as being the principals and representatives of CONTRACTOR authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: Nichole Cone HdL COREN & CONE 1340 Valley Vista Drive, Suite 200 Diamond Bar, CA 91765 7 It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for CITY to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of CONTRACTOR and devoting sufficient time to personally supervise the services hereunder. For purposes of this Agreement, the foregoing principals may not be replaced nor may their responsibilities be substantially reduced by CONTRACTOR without the express written approval of CITY. 8.2 Contract Officer The Contract Officer shall be such person as may be designated by the City Manager of CITY. It shall be the CONTRACTOR'S responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the CONTRACTOR shall refer any decisions which must be made by CITY to the Contract Officer. Unless otherwise specified herein, any approval of CITY required hereunder shall mean the approval of the Contract Officer. Except as provided herein and with respect to amendments to this Agreement, the Contract Officer shall have authority to sign all documents on behalf of the CITY required hereunder to carry out the terms of this Agreement. 8.3 Prohibition Against Subcontracting or Assignment The experience, knowledge, capability and reputation of CONTRACTOR, its principals and employees were a substantial inducement for the CITY to enter into this Agreement. Therefore, CONTRACTOR shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the CITY. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of CITY. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than fifty percent (50%) of the present ownership and/or control of CONTRACTOR, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the CONTRACTOR or any surety of CONTRACTOR of any liability hereunder without the express consent of CITY. 8.4 Independent Contractor Neither the CITY nor any of its employees shall have any control over the manner, mode or means by which CONTRACTOR, its agents or employees, perform the services required herein, except as otherwise set forth herein. Except as provided in Section 8.1 herein, CITY shall have no voice in the selection, discharge, supervision or control of CONTRACTOR'S employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. CONTRACTOR shall perform all services required herein as an independent CONTRACTOR of CITY and shall remain at all times as to CITY a wholly independent CONTRACTOR with only such obligations as are consistent with that role. CONTRACTOR shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of CITY. CITY shall not in any way or for any purpose become or be 3 deemed to be a partner of CONTRACTOR in its business or otherwise or a joint venturer or a member of any joint enterprise with CONTRACTOR. INSURANCE AND INDEMNIFICATION 8.5 Insurance The CONTRACTOR shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to CITY, during the entire term of this Agreement including any extension thereof, the following policies of insurance: (a) Comprehensive General Liability Insurance. The policy of insurance shall be in an amount not less than either (i) a combined single limit of $1,000,000 for bodily injury, death and property damage or (ii) bodily injury limits of $500,000 per person, $1,000,000 per occurrence and $1,000,000 products and completed operations and property damage limits of $500,000 per occurrence and $500,000 in the aggregate. (b) Worker's Compensation Insurance. A policy of worker's compensation insurance in such amount as will fully comply with the laws of the State of California and which shall indemnify, insure and provide legal defense for both the CONTRACTOR and the CITY against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by the CONTRACTOR in the course of carrying out the work or services contemplated in this Agreement. (c) Automotive Insurance. A policy of comprehensive automobile liability insurance written on a per occurrence basis in an amount not less than either (i) bodily injury liability limits of $250,000 per person and $500,000 per occurrence and property damage liability limits of $100,000 per occurrence and $250,000 in the aggregate or (ii) combined single limit liability of $500,000. Said policy shall include coverage for owned, non -owned, leased and hired cars. (d) Errors and Omissions (Professional Liability). A policy of professional liability issuance written on a claims made basis in an amount not less than One Million Dollars ($1,000,000). 8.6 General Requirements. All of the above policies of insurance shall be primary insurance and except for Errors and Omissions, shall name the CITY, its officers, employees and agents as additional insureds. The insurer shall waive all rights of subrogation and contribution it may have against the CITY, its officers, employees and agents and their respective insurers. All of said policies of insurance shall provide that said insurance may not be amended or cancelled without providing thirty (30) days prior written notice by registered mail to the CITY. In the event any of said policies of insurance are cancelled, the CONTRACTOR shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section 9.0 to the Contract Officer. No work or services under this Agreement shall commence until the CONTRACTOR has provided the CITY with Certificates of Insurance or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance or binders are approved by the CITY. 9 8.7 Indemnification CONTRACTOR agrees to indemnify the CITY, its officers, agents and employees against, and will hold and save them and each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities, (herein "claims or liabilities") that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities of CONTRACTOR, its agents, employees, subcontractors, or invitees, provided for herein, or arising from the negligent acts or omissions of CONTRACTOR hereunder, or arising from CONTRACTOR'S negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, whether or not there is concurrent passive or active negligence on the part of the CITY, its officers, agents or employees but excluding such claims or liabilities arising from the sole negligence or willful misconduct of the CITY, its officers, agents or employees, who are directly responsible to the CITY. , 8.8 Sufficiencv of Insurer or Suretv Insurance or bonds required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated "A" or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Risk Manager of the CITY due to unique circumstances. In the event the Risk Manager of CITY ("Risk Manager") determines that the work or services to be performed under this Agreement creates an increased or decreased risk of loss to the CITY, the CONTRACTOR agrees that the minimum limits of the insurance policies and the performance bond required by this Section 8.0 may be changed accordingly upon receipt of written notice from the Risk Manager; provided that the CONTRACTOR shall have the right to appeal a determination of increased coverage by the Risk Manager to the CITY's City Manager within 10 days of receipt of notice from the Risk Manager. 9.0 RECORDS AND REPORTS 9.1 Reports CONTRACTOR shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. 9.2 Records CONTRACTOR shall keep, and require subcontractors to keep, such books and records as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of CITY, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the CITY shall have access to such records in the event any audit is required. 10 9.3 Non -Disclosure of Proprietary Information In performing its duties under this Agreement, CONTRACTOR will produce reports, technical information and other compilations of data to CITY. These reports, technical information and compilations of data are derived by CONTRACTOR using methodologies, formulae, programs, techniques and other processes designed and developed by CONTRACTOR at a substantial expense. CONTRACTOR'S reports, technical information, compilations of data, methodologies, formulae, software, programs, techniques and other processes designed and developed by CONTRACTOR shall be referred to as Proprietary Information. CONTRACTOR'S Proprietary Information is not generally known by the entities with which CONTRACTOR competes. CONTRACTOR desires to protect its Proprietary Information. Accordingly, CITY agrees that neither it nor any of its employees, agents, independent contractors or other persons or organizations over which it has control, will at any time during or after the term of this Agreement, directly or indirectly use any of CONTRACTOR'S Proprietary Information for any purpose not associated with CONTRACTOR'S activities. Further, CITY agrees that it nor any of its employees, agents, independent contractors or other persons or organizations over which it has control, will disseminate or disclose any of CONTRACTOR'S Proprietary Information to any person or organization not connected with CONTRACTOR, without the express written consent of CONTRACTOR. The CITY also agrees that consistent with its obligations under the California Public Records Act and related disclosure laws, it will undertake all necessary and appropriate steps to maintain the proprietary nature of CONTRACTOR'S Proprietary Information, including notification to CONTRACTOR as provided in Section 9.4 below. Any use by CITY of the Proprietary Information or any other reports, records, documents or other materials prepared by CONTRACTOR hercunder for other projects and/or use of uncompleted documents without specific written authorization by the CONTRACTOR will be at the CITY's sole risk and without liability to CONTRACTOR, and the CITY shall indemnify the CONTRACTOR for all damages resulting therefrom. 9.4 Release of Documents Pursuant to Public Records Act Notwithstanding any other provision in this Agreement, all obligations relating to disclosure of Proprietary Information remain subject to the Freedom of Information Act or California Public Records Act, Cal. Gov't Code §§ 6250 et seq. (collectively, the "PRA"). The Parties intend that if CITY is served with a request for disclosure under the PRA, or any similar statute, the CITY in good faith will make the determination as to whether the material is discloseable or exempt under the statute, and shall resist the disclosure of Proprietary Information which is exempt from disclosure to the extent allowable under the law. CITY shall advise CONTRACTOR in writing five (5) days prior to the intended disclosure of any decision to disclose Proprietary Information, and the reasons therefore.If CONTRACTOR then timely advises CITY, but in no event more than five (5) days from CITY's written notice, in writing that it objects to the disclosure, CITY shall not disclose the information. In such case, CONTRACTOR shall then be solely liable for defending the non -disclosure and shall defend and indemnify and hold CITY harmless, at its sole cost and expense, for such nondisclosure. 11 10.0 ENFORCEMENT OF AGREEMENT 10.1 California Law This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Los Angeles, State of California, or any other appropriate court in such county, and CONTRACTOR covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 10.2 Disputes In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefor. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the injured party; provided that if the default is an immediate danger to the health, safety and general welfare, such immediate action may be necessary. Compliance with the provisions of this Section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit CITY'S or the CONTRACTOR'S right to terminate this Agreement without cause pursuant to Section 10.6. 10.3 Waiver No delay or omission in the exercise of any right or remedy by a non -defaulting party on any default shall impair such right or remedy or be construed as a waiver. A party's consent to or approval of any act by the other party requiring the parry's consent or approval shall not be deemed to waive or render unnecessary the other party's consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 10.4 Rij4hts and Remedies are Cumulative Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 10.5 Lelzal Action In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 12 10.6 Termination Prior to Expiration of Term This Section shall govern any termination of this Agreement. The Parties reserve the right to terminate this Agreement at any time, with or without cause, upon forty-five (45) days' written notice to the non -terminating party, except that where termination is for cause, the Parties will comply with the dispute resolution process in Section 11.2. Upon issuance of any notice of termination, CONTRACTOR shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. The CONTRACTOR shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter. In the event of termination without cause pursuant to this Section, the terminating party need not provide the non - terminating party with the opporttmity to cure pursuant to Section 10.2. 10.7 Attorneys' Fees If either parry to this Agreement is required to initiate or defend or made a parry to any action or proceeding in any way connected with this Agreement, the prevailing parry in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney's fees. Attorney's fees shall include attorney's fees on any appeal, and in addition a party entitled to attorney's fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. 11.0 CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION 11.1 Non -liability of CITY Officers and Employees No officer or employee of the CITY shall be personally liable to the CONTRACTOR, or any successor in interest, in the event of any default or breach by the CITY or for any amount which may become due to the CONTRACTOR or to its successor, or for breach of any obligation of the terms of this Agreement. 11.2 Conflict of Interest No officer or employee of the CITY shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which would violate State conflict of interest laws, including, but not limited to, the Political Reform Act, Government Code §§81000 et seq.. The CONTRACTOR warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. 11.3 Covenant Against Discrimination CONTRACTOR covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, 13 marital status, national origin, or ancestry in the performance of this Agreement. CONTRACTOR shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin, or ancestry. 12.0 MISCELLANEOUS PROVISIONS 12.1 Notice Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail addressed as follows: CITY CITY OF DIAMOND BAR CONTRACTOR: HdL COREN & CONE 1340 Valley Vista Drive, Suite 200 Diamond Bar, California 91765 Attn: Nichole Cone Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy- two (72) hours from the time of mailing if mailed as provided in this Section. 12.2 Interpretation The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. 12.3 Integration; Amendment It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing. 12.4 Severability In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent 14 of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 12.5 Corporate Authoritv The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first written above. CONTRACTOR: HdL COREN & CONE A California Corporation Name: Paula Cone Title: President Name: Nichole Cone Title: Secretary APPROVED AS TO FORM: David DeBerry, City Attorney CITY OF DIAMOND BAR Steve Tye, Mayor Attest: Tommye Cribbins, City Clerk 15 EXHIBIT KA" SCHEDULE OF PERFORMANCE TIMELINE FOR DELIVERABLES July/August Data available for purchase from counties September 30 Dataset and software available for installation on city computers September -October Unsecured audits performed and forwarded to county assessor October -February Delivery of preliminary property tax reports December -June Monthly data updates — Database/software Appeals quarterly updates emailed in counties where the data is available March Appeals quarterly updates emailed in counties where the data is available March/April General Fund Budget Projections April/May Final Books — Addendums emailed to clients June Appeals quarterly updates emailed in counties where the data is available Ongoing Secured Audits — City Revenue audits of City, and District receipts for correctness Property sales reports City mid -year budget reviews and budget projections Analytical work at the request of clients CITY COUNCIL Agenda # 6 . 7 Meeting Date: October 6, 2015 TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Mana TITLE: APPROVAL OF CONTRACT AMEND NT NO. 3 WITH FEHR & PEERS FOR CITYWIDE TRAFFIC DATA COLLECTION IN THE AMOUNT OF $36,345, PLUS A CONTINGENCY AMOUNT OF $3,000 FOR A TOTAL AUTHORIZATION OF $39,345. • 92 6 i Approve. Funding for this service will be provided through Fiscal Year 2015-2016 Engineering Operating Budget. In Fiscal Year 2015-2016, the current authorized contract amount is $33,000. Amendment No. 3 will increase the total authorized amount to $72,345. :TITS] Kel it . • In 2008, staff conducted a citywide Average Daily Traffic (ADT) counts to gauge/monitor the daily traffic volumes along the City arterial roadways. In order to maintain a comprehensive and up-to-date understanding of City's overall traffic circulation flows, patterns, volumes and impacts, both citywide turning movement counts and new ADT counts will be collected in this latest effort. Turning movement counts will be collected during the weekdays between 7-9 AM and 4-6 PM at 73 signalized intersections and 24- hour ADT counts will be collected at 74 roadway segments. These updated traffic data will enable staff to perform traffic signal optimization, coordination and planning tasks more accurately and efficiently. The approach for this data collection will also involve the following specific objectives: • Monitor traffic growth on the City streets in comparison to 2008 citywide counts. • Update the arterial corridor performance, cost/benefit analysis, and add more congestion indicators such as, Level of Service (LOS) and other performance measurements for the next 2017 Arterial Performance Report Card. • Develop timing strategies for the upcoming real-time signal optimization project such as the Adaptive Traffic Control System. Additionally, an arterial corridor traffic safety cost/benefit analysis will be conducted and included in the 2015 Arterial Performance Report Card. As a follow-up to the safety benefits comments from the City Council at the July 21, 2015 Council meeting, this analysis will include collision data summary between 2009 & 2013, accident reduction and safety benefit assessment for the entire City. I Christian Malpica, Associate Engineer Davi _G. iu, irector of Public Works Attachment: Date Prepared: September 29, 2015 Amendment No. 3 Exhibit "A" - Fehr & Peers Proposal, dated September 24, 2015 2 CK.101 lid IIIGOi'll :1:ITJ101=67TAMV:1:111:1a1y This Amendment No. 3 to Consultant Services Agreement ("Amendment No. 3") is made and entered into as of October 6, 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. Revised Scope. The nature and scope of the specific services to be performed by Consultant are as described in Exhibit "A", the Consultant's Proposal, dated September 24, 2015. 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 or as referenced in Exhibit "A". 4. 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. 1 "CONSULTANT" Bv. Printed Name: Title: Bv: Printed Name: Title: 2 "CITY" CITY OF DIAMOND BAR By: Steve Tye, Mayor ATTEST: Tommye A. Cribbins, City Clerk APPROVED AS TO FORM: David DeBerry, City Attorney September 24, 2015 City of Diamond Bar Attn: Christian Malpica 21810 Copley Dr. Diamond Bar, CA 91765 D CORRIDOR SAFETY ASSESSMENT Exhibit "A" Fehr & Peers is very pleased to assist the City of Diamond Bar in providing professional services on the following tasks: 1. Citywide Traffic Counts Inventory ($33,545) We will collect weekday AM (7-9) and PM (4-6) peak period turning movement traffic counts at 73 signalized intersections and 24-hour daily traffic counts at 74 roadway segments in the City of Diamond Bar. The traffic counts will be used to achieve the following objectives: • Monitor traffic growth on City streets in comparison to previous traffic counts • Update the corridor performance and cost/benefit analysis for the biannual Report Card • Develop maintenance of traffic (MOT) strategies for upcoming construction projects and activities • Develop adaptive signal timing plans for City streets The traffic counts will be submitted to the City in both database and graphic formats. We will discuss with the City on potential to develop traffic operations network to report level of service (LOS) for each of the study intersections. 2. Traffic Safety Analysis ($2,800) As part of preparation of the Report Card, we will conduct traffic safety analysis for the study arterials in the City of Diamond Bar, which include traffic collision data summary between 2009 and 2013, accident reduction and safety benefit assessment between analysis years, and overall cost/benefit analysis for entire City as well as each study corridor. The safety analysis will be included in the 2015 Report. Anna Luo, P.E., Associate Fehr & Peers 8141 E. Kaiser Boulevard I Suite 110 I Anaheim, CA 92808 1 (714) 941-8800 I Fax (949) 859-3209 www.fehrandpeers.com CITY COUNCIL Agenda # 6.8 Meeting Date: 10/6/15 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Manag r TITLE: APPROVE AMENDMENT #5 TO THE CONTRACT WITH VALLEYCREST LANDSCAPE MAINTENANCE TO ADD ADDITIONAL SERVICES TO THEIR CONTRACT TO REMOVE TURF FROM THE MEDIANS ALONG DIAMOND BAR BOULEVARD AND REPLACE IT WITH DROUGHT TOLERANT PLANTING MATERIAL AND MULCH, PLUS RETRO -FIT THE IRRIGATION SYSTEM AS NECESSARY TO MEET STATE WATER BOARD REQUIREMENTS, IN THE AMOUNT OF $539,465.46 FOR A TOTAL AUTHORIZATION NOT TO EXCEED $933,460.46 FOR THE 2015/16 FISCAL YEAR; PLUS APPROPRIATE $539,510 OF METROPOLITAN WATER DISTRICT (MWD) GRANT FUNDS TO THE 2015/16 FY BUDGET FOR THIS PROJECT. RECOMMENDATION: Approve. FINANCIAL IMPACT: Approval of this contract will authorize staff to expend up to $539,465.46 for the removal and replacement of turf on the medians along Diamond Bar Boulevard. Diamond Bar has been awarded a grant for $539,510 from Metropolitan Water District (MWD) for this project. BACKGROUND: On May 18, 2015, the California State Water Board enacted drought -related emergency restrictions that prohibits the watering of ornamental turf on public street medians with potable water between June 1, 2015 and February 29, 2016. City staff turned off the sprinklers for the turf on all medians along Diamond Bar Boulevard. The sprinklers have remained off and much of the turf has turned brown. The trees in the medians are being watered weekly with a water truck and this activity has prevented all the turf from dying. The State water board restrictions do allow the irrigation of trees, shrubs and drought tolerant plants. Therefore, staff intends to replace the turf in all the medians along Diamond Bar Boulevard with drought tolerant plants and mulch, and to retrofit the irrigation system from over -spray to drip/bubbler, which will irrigate the existing trees and the new plants. Staff has applied for and has been awarded a grant from the MWD for $539,510 to pay for this work. Staff released an RFP to solicit bids for this project. The bid process included a required site -visit by the contractors to all of the medians along Diamond Bar Boulevard that will have the turf removed and re -planted. Four companies participated in the site visits and two companies submitted bids, ValleyCrest Landscape Maintenance and Excel Landscape. ValleyCrest submitted the low bid of $539,465.46, Excel's bid was only slightly higher at $539,504. ValleyCrest is currently under contract with the City to maintain the City's parks. Their current contract is from 7/1/15 until 6/30/16 and totals $393,995. It was approved by the City Council on 6/2/15. Section 4 of the specifications for this contract allows the City Council to add additional services to the contract. Staff recommends that the City Council approve amendment #5 to the contract with ValleyCrest Landscape Maintenance to add additional services to their contract to remove turf from the medians along Diamond Bar Boulevard and replace it with drought tolerant planting material and mulch, plus retro -fit the irrigation system as necessary to meet State Water Board requirements, in the amount of $539,465.46 for a total authorization not to exceed $933,460.46 for the 2015/16 fiscal year. Staff is also requesting that the City Council appropriate $539,510 of Metropolitan Water District (MWD) grant funds to the 2015/16 FY budget for this project. DISCUSSION: The scope of work that will be completed by ValleyCrest on all the medians along Diamond Bar Boulevard includes the removal of the turf, retrofitting the irrigation system, planting drought tolerant plants and placing 2" of mulch over the medians. The MWD has a deadline of January 7, 2016 for all work to be completed. Photos of the completed work must be submitted to the MWD by the deadline to receive the grant funds. PREPARED AND REVIEWED BY: Community Services Director Attachments: Amendment #5 dated October 6, 2015 Amendment #4 dated June 03, 2015 Proposal from ValleyCrest Landscape Maintenance dated August 7, 2015 for Diamond Bar Boulevard Turf Conversion. Request for Proposals dated August 3, 2015 Maintenance Services Agreement dated 6/21/2011. Section 4 of Specifications, Additional Work, dated 7/1/2007 FIFTH AMENDMENT TO MAINTENANCE SERVICES AGREEMENT This Fifth Amendment to Maintenance Services Agreement ("Fifth Amendment") is made and entered into as of October , 2015, by and between the City of Diamond Bar, a municipal corporation ("City"), and ValleyCrest Landscape Maintenance, Inc. a California corporation (herein referred to as the "Contractor") with reference to the following: A. The City and the Contractor entered into that certain Parks Maintenance Services Agreement dated as of July 1, 2011, which is incorporated herein by this reference (the "Original Agreement"). B. The Original Agreement has been amended on four occasions, including an amendment to extend the term thereof through June 30, 2016 (the "Amendments"). C. The City and the Contractor desire to amend the Original Agreement and Amendments to modify, amend and supplement certain portions of the Original Agreement and Amendments including, but not limited to, additional services relating to removal of turf, retrofitting of irrigation systems and replacement with drought tolerant plantings in medians at various locations in the City. NOW, THEREFORE, the parties hereby agree as follows: 1. Defined Terms. Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Agreement. 2. Revised Scope of Services. The Scope of Services, Exhibit "A" to the Original Agreement and as modified by the Amendments, is hereby amended, modified and supplemented to include the services described on Exhibits "B" and "C" attached hereto (hereafter, the "Work") and incorporated herein by this reference. 3. Compensation. The total not -to -exceed compensation set forth in Section 4 of the Original Agreement and as amended by the Amendments was the sum of Three Hundred Sixty -Eight Thousand Nine Hundred Ninety -Five Dollars ($368,995), plus $25,000 for additional work that may be assigned. Section 4 of the Original Agreement, and as amended by the Amendments, is hereby amended by this Fifth Amendment to provide for an increase in the not -to -exceed amount of Five Hundred Thirty Nine Thousand Four Hundred Sixty -Five Dollars and Forty -Six Cents ($539,465.46), for a total not -to -exceed amount of Nine Hundred Thirty -Three Thousand Four Hundred Sixty Dollars and Forty -Six Cents ($933,460.46), plus $25,000 for additional work that may be assigned. This amount shall not be exceeded without the prior written authorization of the City. 4. Time of Completion. Contractor agrees to commence the Work within five (5) days of being notified by the City in writing to proceed and to diligently prosecute completion of the Work within 60 days thereof or as may otherwise be agreed to by and between the City and Contractor. S. Time Is of the Essence. Time is of the essence in this Fifth Amendment. In executing this Fifth Amendment Contractor acknowledges that it is aware that City has received a grant to pay for the Work. A condition of the allocation of the grant funds is that such Work must be completed by January 7, 2016. Contractor's failure to timely perform the Work by the date set forth in Section 4 of this Fifth Amendment may result in the City incurring damages in the amount $539,465.46. 1115724.1 Contractor shall do all things necessary and incidental to the prosecution of the Work to complete the Work within the time set forth in Section 4. If Contractor believes that the City has caused any delays in performance of the Work it must specify in writing the nature of the delay and the extent thereof within 10 days of the time the delay occurs. Contractor's sole remedy for delays outside its control shall be an extension of time. 6. Prevailing Wage. Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public works is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the Office of the City Clerk of the City of Diamond Bar, 21810 Copley Drive, Diamond Bar, California, and are available to any interested party on request. City also shall cause a copy of such determinations to be posted at the job site. The Contractor shall forfeit, as penalty to City, not more than twenty-five dollars ($25.00) for each laborer, workman or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general prevailing rate of wages hereinbefore stipulated for any work done under this Agreement, by him or by any subcontractor under him. The Contractor and any of its subcontractors must be registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5, which precludes the award of a contract for a public work on any public works project awarded after April 1, 2015. This Agreement is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 7. Termination. With respect to the Work to be performed this Fifth Amendment only, the following termination provision shall apply. City may terminate this Fifth Amendment with or without cause upon fifteen (15) days' written notice to Contractor. The effective date of termination shall be upon the date specified in the notice of termination. 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. 8. Integration. This Fifth Amendment and all attachments hereto integrate all of the terms and conditions mentioned herein, and supersede all negotiations with respect hereto. This Fifth Amendment amends, as set forth herein, the Original Agreement and the Amendments, and except as specifically amended hereby, the Original Agreement and the Amendments shall remain in full force and effect. To the extent that there is any conflict or inconsistency between the terms and provisions of this Fifth Amendment and the terms and provisions of the Original Agreement and the Amendments, the terms and provisions of this Fifth Amendment shall control. 1115724.1 IN WITNESS hereof, the parties enter into this Fifth Amendment on the year and day first above written. "CONTRACTOR" "CITY" VALLEYCREST LANDSCAPE MAINTENANCE CITY OF DIAMOND BAR *By: Printed Name: Title: *By: Printed Name: Title: 1115724.1 IIn Steve Tye, Mayor Attest: Tommye Cribbins, City Clerk Approved as to form: David DeBerry, City Attorney AMENDMENT #4 TO CONTRACT AGREEMENT THIS CONTRACT AMENDMENT is made this 3rd day of June, 2015 by and between the CITY OF DIAMOND BAR, a municipal corporation of the State of California ("CITY") and VALLEYCREST LANDSCAPE MAINTENANCE, ("CONTRACTOR') Recitals: a. CONTRACTOR entered into a two year AGREEMENT with CITY effective July 1, 2011 ("the AGREEMENT') for Landscape Maintenance at locations listed in Exhibit A. b. Term of AGREEMENT was extended by the City Council for two years for the term of, July 1, 2013 to June 30, 2015, c. Parties desire to amend the AGREEMENT to extend the term for one year, July 1, 2015 to June 30, 2016 for the total annual amount of $368,995, with an authorized amount of an additional $25,000 for as needed work as assigned. Now, therefore, the parties agree to amend the AGREEMENT as follows: Section 1 — Term of AGREEMENT provided in Section 3 is amended by extending the term for one year, July 1, 2015 to June 30, 2016. Section 2 — Compensation of AGREEMENT provided in Section 4 shall remain $368,995 annually, with an authorized amount of an additional $25,000 for as needed work as assigned. Except as provided above, the AGREEMENT is in all other respects in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT #4 TO AGREEMENT on the date and year first written above. ATTEST: CITY OF DIAMOND BAR A Municipal Corporation Of the State of California Signed Steve Tye Title: Mayor APPROVED TO FORM: City Attorney VALLEYCREST LANDSCAPE MAINTENANCE Contractor Signed Title City Clerk Va I I eyCrest August 07, 2015 Landscape Maintenance Page l of Proposal for Extra Work at City of Diamond Bar Property Name City of Diamond Bar Contact Anthony Jordan Property Address 21825 E Copley Drive To City of Diamond Bar Diamond Bar, CA 91765 Billing Address 21825 E Copley Drive Diamond Bar, CA 91765 Project Name Diamond Bar Blvd Turf Conversions Project Description Diamond Bar Blvd Turf Conversions - Medians 1- 42 Scope of Work QTY UoMISIze Material/Description Unit Price Total ........................................................................................................................... Demo _......_...._..-_................_.............................. _.............................................................. Subtotal - $131,155.43 269,752.00 SQUARE FEET Spray. Turf (2) applications and Scalp $.08 $22,659.17 66,973.00 SQUARE FEET Physically remove 18" of turf along the hardscape edges $1.62 $108,496.26 only and dispose of debris Shrubs & Mulch Subtotal $108,546.22 7,673.00 EACH 1 Gal Shrubs (72" o.c.) $5.44 $41,721.94 15,346.00 EACH 21 Gram Tablets - Fertilizer Tablets for new plants $.54 $8,337.48 1,598.00 CUBIC YARD Bark Mulch at 2" deep $36.60 $58,486.80 Irrigation Subtotal $208,171.03 Retrofit existing irrigation system to point source drip for 56,198.00 LINEAR FEET new shrubs utilizing the existing mainlines and irrigation $1.92 $107,900.16 valves. Includes addition of inline pressure regulator and filter. Retrofit existing irrigation system to inline drip for existing 71,418.00 LINEAR FEET trees utilizing the existing mainlines and irrigation valves. $1 40 $100,270.87 Includes addition of inline pressure regulator and filter. (Separate Valve for Trees, where available) 1.00 LUMP SUM - Provide As -Built Irrigation Charts $.00 $.00 Rentals and Traffic Control Subtotal $91,592.78 15.00 WEEK Skid -Steer Wheeled Loader w] bucket Weekly Rate $810.01 $12,150.16 7.00 WEEK (2) Sod Cutter - Weekly Equipment Rate $681.04 $4,767.27 200.00 HOUR Skid -Steer Operator $100 $19,999.84 15.00 WEEK Traffic Control Weekly Rate $3,645.03 $54,675.51 Post Installation Maintenance Subtotal $.00 12.00 WEEK Post Installation Maintenance $.00 $.00 Prevailing Wages - Please note that all work has been bid under the craft of "Landscape Maintenance Laborer" with a total hourly rates to be no less than $10.145. The exception to this is the labor for the skid steer operator which will be paid under the craft of"Landscape Operating Engineer" with a total hourly rate to be no less than $55.81. Attached to this proposal are the General Prevailing Wage Determinations for these respective crafts. THIS IS NOT AN INVOICE This proposal is valid for 60 days unless otherwise approved by ValleyCrest Landscape Maintenance, Inc. VelleyCrest Landscape Maintenance, Inc. 18726 Calabash Ave,Fontana, CA 92335 ph, (969)349-1802 fax (951) 350-92201w svalleyvestcpm Disclaim, Note these plans are to be used as a design and build project and may not be used for bidding purposes. Lr�Landscape Maintenance ValleyCrest Proposal for Extra Work at City of Diamond Bar For internal use only SO# JOB# 322000601 Service Line 130 August 07, 2015 Page 2 of 3 Total Price $539,465.46 THIS IS NOT AN INVOICE This proposal is valid for 60 days unless otherwise approved by ValleyCrest Landscape Maintenance, Inc. ValleyCrest Landscape Maintenance, Inc. 18726 Calabash Ave, Fontana, CA 92335 ph. (909) 349-1802 fax (951) 350-92201 w .valleycrestcom Cisdaimer: Note these plans are to be used as a design and build project and may not be used for bidding purposes. Tuhlbaghia violacea Variegated Society Garlic 0 ValleyCrest Landscape Maintenance 'Little Jalui Bottlebrush Red Carpet Roses Rosemary prostrus Trialing Rosemary Mrdilenbergia rigens Deer Grass City of Diamond Bar- Proposed Drought Tolerant Plant Palette i v r` 4 -k-r IJ 4 ` / Y.�. 1 •,� ..."'444 '•.. � ,r 111444 i. .� _�N-_ LFA - -� e��� j', K t �L „_: �... _.:JRs_� _ 1 Exhibit A VALLEYCREST LANDSCAPE MAINTENANCE Facility Maintenance Locations (7/1/15 — 6/30/16) 1. Diamond Bar Center — 1600 S. Grand Ave. 2. Paul C. Grow Park — 23281 Forest Canyon Drive 3. Heritage Park — 2900 Brea Canyon Road 4. Lorbeer Middle School (Football Field and Slope on Golden Springs) — 501 S. Diamond Bar Blvd. 5. Maple Hill Park — 1309 S. Maple Hill Road 6. Pantera Park — 738 Pantera Drive 7. Peterson Park — 24142 E. Sylvan Glen Drive 8. Ronald Reagan Park — 2201 Peaceful Hills Road 9. Starshine Park — 20839 Starshine Road 10. Summitridge Park — 1425 Summitridge Drive 11. Sycamore Canyon Park — 22930 Golden Springs Drive 12. Sycamore Canyon Mesa Trail & Trail Head 2015/16 Contract Amount: $368,995 2015/16 Potential As -Needed Work 25,000 2015/16 FY Authorization $393,995 Exhibit "B" REQUEST FOR PROPOSAL The City of Diamond Bar is seeking qualified Contractors for the Removal and Replacement of Turf on Medians along Diamond Bar Boulevard to meet the requirements of the State Water Board and the Metropolitan Water District Grant for Replacing Turf with California Friendly Landscape. Released Monday, August 3, 2015 Proposals are due no later than Tuesday, September XX, 2015 at 4:30 P.M. Introduction On May 18, 2015, the California State Water Board enacted drought -related emergency restrictions that prohibits the watering of ornamental turf on public street medians with potable water. City staff turned off the sprinklers for the turf on all medians along Diamond Bar Boulevard. The sprinklers have remained off and much of the turf has turned brown. The trees in the medians are being watered weekly with a water truck and this activity has prevented all the turf from dying. The State Water Board restrictions do allow the irrigation of trees, shrubs and drought tolerant plants. Therefore, staff is seeking a contractor to replace the turf in all the medians along Diamond Bar Boulevard with drought tolerant plants and mulch, and to retrofit the irrigation system from over -spray to drip/bubbler, which will irrigate the existing trees and the new plants. Diamond Bar has been awarded a grant from the Metropolitan Water District (MWD) to fund this work, and the completed project must meet the requirements of the MWD. Scope of Work There is approximately 269,752 sq. ft. of existing turf to remove and replace. The proposal must provide for the following services: 1. Spray existing turf to ensure it is dead and then scalp all turf. 2. Remove at least 18" of turf along the curbs and dispose of properly. 3. Retro -fit existing irrigation system to drip and/or drip/bubbler to irrigate new planting material and existing trees; provide as -built irrigation charts. 4. Provide new planting material that meets the definition of California Friendly Landscape as defined by MWD with coverage of at least 6' on center; properly fertilize all new plants. 5. Place at least 2" depth of bark mulch on all medians where turf was removed. 6. Follow CalTrans W.A.T.C.H. traffic control requirements to create a safe work environment. �=l CI! P- t'ut Clean-up Contractor is responsible for all site clean-up. At the end of each work day the site should be left in good standing condition with all debris and trash properly and legally disposed of at Contractor expense. Also, the Contractor will be prohibited from disposing of construction debris in City facility trash containers. Locations All medians with turf located in the center of the roadway along Diamond Bar Boulevard, from Temple Avenue to the 57 Freeway overcrossing, including the median at the 57 Fwy on-ramp. There is approximately 269,752 sq. ft. of existing turf. Job Walk Please contact Anthony Jordan to schedule a required site visit. aiordan(aD_diamondbarca.gov or 909.839.7063 Proposal Deadline A complete response must be submitted to Anthony Jordan no later than Tuesday, September XX, 2015 at 4:30 P.M. Postmarks are not acceptable. Selection Process After the submittal deadline, a telephone interview may be conducted to review the proposal. Questions about the RFP or the selection process may be directed to Anthony Jordan. Please submit proposal to: City of Diamond Bar Community Services Department Attention: Anthony Jordan, Parks & Maintenance Superintendent 21810 Copley Drive Diamond Bar, CA 91765-4178 Fax 909.348.8316; email: Anthony Jordan, aiordan(ZDdiamondbarca.gov Attachment: Map showing location of Medians along Diamond Bar Boulevard PARKS MAINTENANCE SERVICES AGREEMENT THIS AGREEMENT is made as of June 21. 2011 by and between the City of Diamond Bar, a municipal corporation ("City") and ValleyCrest Landscape Maintenance ("Contractor")- RECITALS "Contractor"). RECITALS A. City desires to utilize the services of Contractor as an independent contractor to provide landscape maintenance services. B. Contractor represents that it is fully qualified to perform such 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. Contractor's Services. Contractor shall furnish all necessary labor, tools, materials, appliances, and equipment for and do the work for Parks Maintenance Services in the City of Diamond Bar. The work to be performed shall be in accordance with the Specifications dated July 1, 2007. 2. Incorporated Documents To Be Considered Complementary. The Specifications (Exhibit "A") are incorporated herein by reference and made a part hereof with like force and effect as if set forth in full herein. The Specifications, CONTRACTOR'S Proposal dated May 4, 2011 (Exhibit "B"), together with this written agreement, shall constitute the contract between the parties. Should it be ascertained that any inconsistency exists between the aforesaid documents and this Agreement, the provisions of this Agreement shall control. 3. Term of Agreement. This Contract and unit prices shall take effect July 1, 2011, and remain in effect, unless earlier terminated pursuant to the provisions of Section 13 herein, until June 30, 2013, This Agreement may be extended as set forth in Section 14. 4. Compensation. City shall pay to the Contractor for furnishing all material and doing the prescribed work an annual amount not to exceed the grand total of Three Hundred Sixty -Two Thousand Nine Hundred Ninety -Five Dollars ($362,995) in accordance with the unit rates set forth in the Compensation Schedule attached hereto as Exhibit "C" and incorporated herein by reference. Payment will be made only after submission of proper invoices in the form specified by City. 5. Addresses, City: James DeStefano, City Manager Contractor: City of Diamond Bar ValleyCrest Landscape Maintenance 21825 Copley Drive 8726 Calabash Road Diamond Bar, CA 91765-4178 Fontana, CA 92335 6. 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. 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 agents or 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 anyway 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 the workers' compensation law 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. '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 arising under this Section 6.. 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, 'includidg but not limited to the City of Diamond Bar, South Coast Air Quality Management District, and California Air Resources Board. Contractor further agrees to indemnify and hold City harmless from any failure of Contractor to comply with the requirements in this Section 6, Additionally, the City shall have the right to offset against the amount of any fees due to Contractor under this Agreement for any amount or penalty levied against the City for Contractor's failure to comply with this Section 6. 7. 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. S. indemnification. Contractor 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 Contractor'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 Contractor 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 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 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 Contractor'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. Contractor shall at all times during the terrn.of this -Agreement carry, maintain, and keep.in full force and effect, with an insurance company authorized to-do business in the State of California and approved by the City (1) a policy or policies of broad -farm 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 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; (3) automotive liability insurance, with minimum combined single limits coverage of $500,000.00; (4) 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 insured on the policy(les) 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 excessInsurance 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 insured to the policy) by the insurance carrier without the insurance carrier giving City thirty (30) day's prior written notice thereof. Contractor agrees that it will not cancel, reduce or otherwise modify the insurance coverage. B. All policies of insurance shall cover the obligations of Contractor pursuant to the terms of this Agreement; shall be issued by an insurance company which is authorized to do business in the State of California or which is approved in writing by the City; and shall be placed with a current A.M. Best's rating of no less that A VII, C. Contractor shall submit to City (1) insurance certificates indicating compliance with the minimum worker's compensation insurancerequirements above, and (2) insurance policy endorsements indicating compliance with all other minimum insurance requirements above, not less than one (1) day prior to beginning of performance under this Agreement. Endorsements shall be executed on City's appropriate standard forms entitled "Additional insured Endorsement', or a substantially similar form which the City has agreed in writing to accept. D. All policies required by this Agreement shall allow City, as additional insured, to satisfy the self-insured retention ("SIR") andlor deductible of the policy in .lieu of the Owner (as "the named insured) should Owner fail to pay the SIR or deductible requirements. The amount of the SIR or deductible shall be subject to the approval of the City Attorney and the Finance Director. Owner understands and agrees that satisfaction of this requirement is an express condition precedenttothe effectiveness of this Agreement. Failure by Owner as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should City pay the SIR or deductible on Owner's behalf upon the Owner's failure or refusal to do so in order to secure defense and indemnification as an additional insured under the policy, City may include such amounts as damages in any action against Owner for breach of this Agreement in addition to any other damages incurred by City due to the breach. % Confidentiality. Contractor in the course of its duties may have access toconfidential 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. 11. Ownership of Materials. All materials provided by Contractor in'the peiforrnance 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. 12. ConfNct 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 ch' 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. 13. Termination. Either party may terminate this Agreement with or without cause upon fifteen (15) days' written notice to the other party. 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. 14. Extension Option. A. The City Council shall have the option to extend this Agreement for no more than one year, as set forth in Section 14. C., subject to the same terms and conditions contained herein, by giving Contractor written notice of exercise of this option to renew at least thirty (30) days prior to the expiration of the initial term of this Agreement, or of any additional one (1) year or multiple year extensions. B. The City Council shall also have the option to extend this Agreement for a multiple year period (up to three years), if the contractor agrees to waive its opportunity to receive a CPi increase during the entire extension period. If this option is selected, Contractor obtains the right to terminate the contract after the first year of the multiple year period, with 180. days written notice to the City. The City shall retain its right to terminate this Agreement, without cause, with 30 days written notice to the Contractor, per saction 13, above. City shall provide Contractor written notice Of exercise of this option to renew at least thirty (30) days prior to the expiration of the initial term of this Agreement, or of any additional one (1) year or multiple year extensions. C. In the event the ,city Council exercises its option_ to extend the 'term of this Agreement for one or more additional one year periods asset forth in Section 14. A., the Contractor's unit prices shall be subject to adjustment at the commencement of the extended term and annually thereafter ("the adjustment date") as follows: Any increase in compensation will be negotiated between the City and the contractor, with the limits being no increase to a maximum of the cost of living. The increase, if any, will be calculated with reference to cost of living during the previous year. If the increase is approved by the City Council, the increase will be calculated by adding tha- Contractor's monthly compensation, the amount, if any, obtained by multiplying the contractor's compensation as of the adjustment date by the percentage by which the Consumer Price Index ("CPI") for the Los Angeles -Anaheim -Riverside metropolitan area for the month immediately preceding the Adjustment Date (the "Index Month") reported by the Bureau of Labor Statistics of the United. States Department of Labor; has increased over the CPI for the month one year prior to the Index Month. If the Index is discontinued,'the Director's office shall, at its discretion-, substitute for the Index such other similar index as it may deem. appropriate. 15. Personnel. Contractor represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Contractor or under it supervision, and all personnel engaged in the work shall be qualified to perform such services. Contractor reserves the right to determine the assignment of its own employees to the performance of Contractor's services under this Agreement, but City reserves the right, for good cause, to require Contractor to exclude any employee from performing services on City's premises. 16. Prevailing Wage. Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Pari 7, Chapter 1, Articles 1 and 2, the Contractor is required to pay not less than.the general prevailing rate of per diem wages for work of a similar character in the locality in which the public works is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. in that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are'on file in the Office of the City Clerk of the City of Diamond Bar, 21825 Copley Drive, Diamond Bar,. California, and are available to any interested party on request.. City also shall cause a copy of such determinations to be posted at the lob site. The Contractor shall forfeit, as penalty to City, not more than twenty-five dollars ($25.00) for each laborer, workman or mechanic employed for each calendar day or portion thereof, if such, laborer, workman or mechanic is paid fess than the general prevailing rate of wages hereinbefore stipulated for any work done under this Agreement, by him or by any subcontractor under him. 17, 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 at[ 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. 18. 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. 19. Compliance with Laws. Contractor shall comply with all applicable laws; ordinances, codes and regulations of the federal, state, and local governments. 20. 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. 21. Mediation. Any dispute or controversy arising under this Agreement, or in connection with any of the terms and conditions hereof, shall be referred by the parties hereto for mediation. A third party, neutral mediation service shall be selected, as agreed upon by the parties and the costs and expenses thereof shall be borne equally by the parties hereto. In the event the parties are unable to mutually agree upon the mediator to be selected hereunder, the City Council shall select such a neutral, third party mediation service and the City Council's decision shall be final. The parties agree to utilize their good faith efforts to resolve any such dispute or controversy so submitted to mediation. It is specifically understood and agreed by the parties hereto that referral of any such dispute or controversy, and mutual good faith efforts to resolve the same thereby, shall be conditions precedent to the institution of any action or proceeding, whether at law or in equity with respect to any such dispute or controversy. 22.. 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. 23. Governing .Law. This Contract shall be interpreted, construed and enforced in accordance with the laws of the State of California. . 24. 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. 25. Records and Audits. The Contractor shall maintain accounts and records, including personnel, property and financial records, adequate to identify and account for all costs pertaining to this Agreement and such other records as ,may be deemed necessary by the City to assure proper accounting. These records will be made available for audit purposes to the City or any authorized representative, and will be retained five years after final payments are issued and other pending matters are closed. 26. Entire Agreement. This Agreement, and any other documents incorporated herein by specific 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 the City. Manager or the Mayor and attested by the City Clerk. 27. 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" ATTESTjj(: � f By: �ayhl Fri . Tommy . Cribt ins, City Clerk Appr awed as to forrn:\ a "CONTRACTOR" By: �S�iaszr : T1TL�nagc! E CITY OF DIAMOND BAR By: Ste�te ye, M yor State of California "CONTRACTOR'S" License No. 266211. CONTRACTOR'S Business Phone A0,7-3Y9-1Yp2 Emergency Phone 9S/- 851'-ygJr at which CONTRACTOR can be reached at any time. EXHIBIT A SPECIFICATIONS FOR THE MAINTENANCE OF DIAMOND BAR COMMUNITY PARKS July 1, 2007 City of Diamond Bar Parks Maintenance Specifications City of Diamond Bar City -Wide Landscape Maintenance ADMINISTRATIVE SPECIFICATIONS 1. GENERAL REQUIREMENTS 1.01 The premises shall be maintained with a crisp, clean appearance and all work shall be performed in a professional, workmanlike manner using quality equipment and materials. 1.02 Contractor shall provide the labor, materials, and equipment necessary for the provision of grounds and landscape maintenance services, except as otherwise specified hereinafter. The premises shall be maintained with nothing but the highest of standards at no less than the frequencies set forth herein. 1.03 Contractor is hereby required to render and provide landscape and grounds maintenance services including, but not limited to, the maintenance of turf, groundcover, shrubs and trees; renovation of turf and groundcover areas; maintain and prepare ballfields; the pruning of trees and shrubs; providing weed, disease and pest control; provide specified building custodial services; operating and maintaining specified components of the irrigation system, maintenance of aquatic areas, and the maintenance of any appurtenant structures and equipment pursuant to specifications and frequencies established by the City of Diamond Bar Department of Parks and Maintenance, as set forth herein or revised by City. 1.04 Contractor shall not work or perform any operations, particularly during periods of inclement weather, which may destroy or damage groundcover, athletic or turf areas. 1.05 The Contractor recognizes, that during the course of this Agreement, other activities and operations may be conducted by City work forces and other contracted parties. These activities may include, but, not be limited to, landscape refurbishment, irrigation system modification or repair, construction and/or storm related operations. The Contractor may be required to modify or curtail certain task and operations and shall promptly comply with any request therefore by the Director. 1.06 Contractor shall, during the specified hours and days of operation, respond to all emergencies within two (2) hours of notification. 1.07 The Contractor shall perform a weekly maintenance inspection during daylight hours of all areas within the premises such inspection shall be both visual and operational. It shall include operation of all irrigation, lighting and other mechanical systems to check for proper condition and reliability. Contractor shall take immediate steps to correct any observed irregularities, and submit a written report regarding such circumstances to the Director. 2. FACILITIES TO BE MAINTAINED 2.01 The facilities to be maintained under the provisions of this Agreement are located at the following addresses and locations: Heritage Park Maple Hill Park 2900 S. Brea Canyon Road 1355 5. Maple Hill Road Diamond Bar Diamond Bar City of Diamond Bar PARKS SPI City -Wide Landscape Maintenance Ronald Reagan Park 2201 S. Peaceful Hills Road Diamond Bar Paul C. Grow Park 23281 E. Forest Canyon Road Diamond Bar Sycamore Canyon Park 22930 Golden Springs Drive Diamond Bar Pantera Drive 738 Pantera Drive Diamond Bar Starshine Park 20839 Starshine Road Diamond Bar Summitridge Park 1425 Summitridge Drive Diamond Bar Peterson Park 24142 E. Sylvan Glen Road Diamond Bar Undeveloped Larkstone Park Larkstone & Dab Court These facilities are landscaped with turf, groundcover, shrubs, and are irrigated by manual and/or automatic controlled systems. These areas are further defined on the plans of record on file with the City of Diamond Bar. 2.02 Contractor acknowledges personal inspection of the facilities and the surrounding areas. 2.03 With regard to the New Park Sites identified as; Pantera Park and Larkstone Park. Contractor acknowledges that said sites are in various stages of development and are not under full operation at the date of execution of this agreement. Contractor agrees to commence maintenance services at said parks within thirty (30) days of Director's written notice stating that said parks are in operation and that specified maintenance services are required for all, or any portion, of the specified New Park Site. 3. CERTIFICATIONS/REPORTS 3.01 Maintenance Function Report Contractor shall maintain and keep current a daily report form that records all Ongoing, Seasonal and Additional Work, maintenance functions performed by Contractor's personnel. Said report shall be in a form and content acceptable to the Director and shall be submitted to Director concurrent with the monthly invoicing. The monthly payment will not be made until such report is received and deemed acceptable by the Director. 3.02 Certification Contractor shall complete the attached "Certification Report Form", designated Exhibit B and shall submit same to Director concurrent with the monthly invoicing The monthly payment to the Contractor will not be made until such report has been received and found acceptable by the Director. City of Diamond Bar PARKS SP2 City -Wide Landscape Maintenance 3.03 Irrigation Schedule Contractor shall complete and submit a monthly irrigation schedule, Exhibit C for the coming month, and submit same to Director concurrent with monthly invoicing. In addition, when applicable, Contractor shall submit with the monthly invoice, a report indicating those specialty type maintenance operations completed. Said report shall include the following information: a. Quantity and complete description of all commercial and organic fertilizers used. b. Quantity and label description of all grass seed used. C. Quantity and complete description of all soil amendments used. d. A valid licensed California Pest Control Advisor's recommendation and copies of corresponding pesticide use report signed by a licensed California Pest Control Operator for all chemical disease and pest control work performed. 4. ADDITIONAL WORK 4.01 The Director may at his discretion authorize the Contractor to perform additional work, including but not limited to, repairs and replacements when the need for such work arises out of extraordinary incidents such as vandalism, Acts of God, and third party negligence; or improvements in order to add new, modify existing or to refurbish existing landscaping and irrigation systems. If the Director determines that the labor for work resulting from vandalism, Acts of God or third party negligence can be performed by Contractor's present work force, Director may modify the Contractor's On - Going Maintenance Schedule in order to compensate Contractor for performing said work. Absent of said modification, any work not provided for elsewhere in this agreement and authorized by the Director and performed by the Contractor shall be paid by City as specified in Payment and Invoices, Section 11 of the Agreement. 4.02 Prior to performing any additional work, the Contractor shall prepare and submit a written description of the work with an estimate of labor and materials. No work shall commence without the written authorization from the Director. Notwithstanding the above authorization, when a condition exists wherein there is imminent danger of injury to the public or damage to property, the Director may verbally authorize the work to be performed upon receiving a verbal estimate from the Contractor. However, within twenty-four (24) hours after receiving a verbal authorization, the Contractor shall submit a written estimate to the Director for approval. 4.03 All additional work shall commence on the specified date established and Contractor shall proceed diligently to complete said work within the time allotted. 4.04 Additional compensation may be authorized at the discretion of the Director, for those "Seasonal Specialty", or "Additional Work" functions deemed necessary and authorized by the Director. 4.05 Contractor may also be requested to provide casual labor services for City Special Events, City emergencies or for other events and activities as approved by the Director. City of Diamond Bar PARKS SP3 City -Wide Landscape Maintenance 5. CONTRACTOR'S DAMAGES 5.01 All damages incurred to existing facilities by the Contractor's operation shall be repaired or replaced at the Contractor's expense. 5.02 All such repairs or replacements shall be completed within the following time limits: a. Irrigation damage shall be repaired or replaced within one watering cycle. b. All damages to shrubs, trees, turf or groundcover shall be repaired or replaced within five (5) working days. 5.03 All repairs or replacements shall be completed in accordance with the following maintenance practices. a. Trees - Minor damage such as bark lost from impact of mowing equipment shall be remedied by a qualified tree surgeon or arborist. - If damage results in loss of a tree, the damaged tree shall be removed and replaced to comply with the specific instructions of Director. b. Shrubs - Minor damage may be corrected by appropriate pruning. - Major damage shall be corrected by removal of the damaged shrub and replacement to comply with the provisions in Section 16. "Pruning and Hedge Trimming - Operation" of the On -Going Maintenance Specifications. C. Chemical - All damage resulting from chemical operation, either spray -drift or lateral -leaching, shall be corrected in accordance with the aforementioned maintenance practices and the soil conditioned to insure its ability to support plant life. 6. INTERPRETATION OF THE MAINTENANCE SPECIFICATIONS 6.01 Should any misunderstanding arise, the Director will interpret this Agreement. If the Contractor disagrees with the interpretation of the Director, Contractor shall continue with the work in accordance with the Director's interpretation. Within thirty (30) days after receipt of the interpretation, Contractor may file a written request for a hearing before a Disputes Review Panel as provided hereinafter. The written request shall outline in detail the area of dispute. 6.02 The Disputes Review Panel will be appointed by the Director and will be composed of not less than three (3) Non -City personnel having experience in the administration of grounds maintenance contracts. The panel will convene within one (1) week of appointment in order to hear all matters related to the dispute. The hearing will be informal and formal rules of evidence will not apply. The Panel will submit its recommendation to the Director, for his consideration, within one (1) week following the conclusion of the hearing. The Director shall render an interpretation based upon his review of the Panel's recommendation. 7. OFFICE OF INQUIRIES AND COMPLAINTS City of Diamond Bar PARKS SP4 City -Wide Landscape Maintenance Exhibit "C" ValleyCrest -- _ -- – — – – August 67, 2015 an'dscape'3bfaintenantte-- 1'a®e1 of 3 Proposal for Extra Work at City of Diamond Bar Property Name City of Diamond Bar Contact Anthony Jordan Property Address 21825 E Copley Drive To City of Diamond Bar - DiamondBar, CA 91765 - "— _ - -- – -. Billing Address -._—"" – 21825 E Copley Drive Post Installation Maintenance $36.60 Diamond Bar, CA 91765 Project Name Diamond Bar Blvd Turf Conversions $1.92 Project Description Diamond Bar Blvd Turf Conversions - Medians 1- 42 Scope of Work QTY UoM/Size Demo 269,752.00 SQUARE FEET 66,973.00 SQUARE FEET Shrubs & Mulch 7,673.00 EACH 15,346.00 EACH 1,598.00 CUBICYARO Irrigation 56,198.00 LINEARFEET 71,418.00 LINEAR FEET 1.00 LUMPSUM Rentals and Traffic Control 15.00 WEEK 7.00 WEEK 200.00 HOUR 15.00 WEEK Post Installation Maintenance Material/Description Spray Turf (2) applications and Scalp Physically remove 18" of turf along the hardscape edges only and dispose of debris 1 Gal Shrubs (72" o.c,) - 21 Gram Tablets - Fertilizer Tablets for new plants Bark Mulch at 2" deep Retrofit existing irrigation system to point source drip for new shrubs ulilizing the existing mainlines and irrigation valves. Includes addition of inline pressure regulator and filter. Retrofit existing irrigation system to inline drip for existing trees utilizing the existing mainlines and irrigation valves. Includes addition of inline pressure regulator and filter. (Separate Valve for Trees, where available) Provide As -Built Irrigation Charts Skid -Steer Wheeled Loader w/ bucket Weekly Rate (2) Sod Cutter- Weekly Equipment Rate. Skid -Steer Operator Traffic Control Weekly Rate Unit Price ...................... ................. Subtotal $.0B $1.62 Subtotal $5.44 $.54 $36.60 Subtotal $1.92 $1.40 $.00 Subtotal $810,01 $681,04 $100 $3,645.03 Subtotal 12.00 WEEK Post Installation Maintenance $.00 Prevailing Wages -Please note that all work has been bid under the craft of "Landscape Maintenance Laborer" with a. total hourly rates to be noless than $10,145. The exception to this Is the labor for the skid steer operator which will be paid under the craft of"Landscape Operating Engineer' with atotal hourly rate to be no less than $55.81. Attached to this proposal are the General Prevailing Wage Determinations for these respective crafts, THIS IS NOT AN INVOICE This proposal is valid for 60 days unless otherwise approved by ValleyCrest Landscape Maintenance, Inc. VapeyCreat Landscape Maintenance inn 18725 Calabash Ava, Forum, CA 92335 ph(909) 349-1602 fax (951) 350.92201 w yvalleyoxa�onm Cladalmac Note Nese plans are b be used as a design and build pmjazi and may not ba used for blduflng purposes. Total ............. I ...... . $131,155.43 $22,659.17 $108,496.26 $168,546.22 $41,721.94 $8,337.48 $58,486.80 $208,971.03 $107,900.16 $100;270.87 $.00 $91,592.78 $12,150.15 $4,767.27 $19,999.84 $54,675.51 $.00 $.06 I&ValleyCrest Landscape Maintenance Proposal for Extra Work at City of Diamond Bar For Internal use only, SO# JOB# 322000601 Service Line 130 August 07, 2015 Page2 of 3 Total Price $539,465.46 THIS IS NOTAN INVOICE This proposal is valid for 60 days unless otherwise approved by ValleyCrest Landscape Maintenance, Inc ValleyCrest "Necapa Mainlenanre, Inc. I find Calabash Ave, Fonfana,CA 92335 ph. (909) 349-1802 fax (951) 350-52201 w,uw.valleycrestcom Olsclaimen Note these plans we to be used as a design and build project and may not be used for bidding purposes. TuEbaghia violacea Variegated Society Garlic 'Little Tokui Bottlebmal, Rosemary prostrus Trialing Rosemary Muhlenbergia rigex Deer Grass Red Carpet Roses ValleyCrest City of Diamond Bar— Proposed Drought Tolerant Plant `.da npe MMM ... °" Palette Legend ntrees _ Carpet roses mr- r. Rosemary Socie •� Jt ins l'-7, a tNt a TO: CITY CLERK FROM: ADDRESS: ORGANIZATION: AGENDA#/SUBJECT: (e DATE Y M .G - to - 6 -tom (Optional) I expect to address the Council on the subject agendalsubject item. Please have the Council Minutes reflect my name and address as written above. Ah Sig ure This document is a public record subject to disclosure under the Public Records Act. TO: CIT`( CLERK FROM: ADDRESS: ORGANIZATION: AGENDA#/SUBJECT: f--OCT-� '� DATE: 9.N]1I2i (Optional) (Optional) I expect to address the Council on the subject agendalsubject item. Please have the Council Minutes reflect my name and address as written above. Signature This document is a public record subject to disclosure under the Public Records Act. VOLUNTARY REQUEST TO ADDRESS THE C@TY COUNCIL TO: CITY CLERK FROM: R� v.L'I�- - Ac DATE: ADDRESS: PHONE: (Optional) AGENDA#/SUBJECT: j1°t", (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. 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 n ,, FROM: il� �i elry o i I DATE: ADDRESS: PHONE: (Optional) o (Optional) ORGANIZATION:✓t 1 AGENDA#/SUBJECT: � I expect to address the Council on the subject agenda/subject item. Please have the Council Minutes reflect my name and address as written above. �r t v kA Signature This document is a public record subject to disclosure under the Public Records Act.