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HomeMy WebLinkAbout11/18/2008Tuesday, November 18, 2008 5:00 p.m. — Closed Session CC -8 5:30 p.m. - Study Session CC -8 6:30 p.m. — Regular Meeting The Government Center South Coast Air Quality Management District/ Main Auditorium 21865 Copley Drive, Diamond Bar, CA 91765 Jack Tanaka Ron Everett Mayor Mayor ProTem Wen P. Chang Carol Herrera Steve Tye Council Member Council Member Council Member City Manager James DeStefano City Attorney Michael Jenkins City Clerk Tommye Cribbins Copies of staff reports or other written documentation relating to agenda items are on file in the Office of the City Clerk, and are available for public inspection. If you have questions regarding an agenda item, please contact the City Clerk at (909) 839-7010 during regular business hours. In an effort to comply with the requirements of Title 11 of the Americans with Disabilities Act of 1990, the City of Diamond Bar requires that any person in need of any type of special equipment, assistance or accommodation(s) in order to communicate at a City public meeting, must inform the City Clerk a minimum of 72 hours prior to the scheduled meeting. Have online access? City Council Agendas are now available on the City of Diamond Bar's web site at www.CityofDiamondBar.com Please refrain from smoking, eating or drinking in the Council Chambers. The City of Diamond Bar uses recycled paper and encourages you to do the same. 1) 111 RAIR DIAMOND BAR CITY COUNCIL MEETING RULES Welcome to the meeting of the Diamond Bar City Council. Meetings of the Diamond Bar City Council are open to the public and are cablecast live on Channel 3. You are invited to attend and participate. PUBLIC INPUT Members of the public may address the Council on any item of business on the agenda during the time the item is taken up by the Council. In addition, members of the public may, during the Public Comment period address the Council on any Consent Calendar item or any matter not on the agenda and within the Council's subject matter jurisdiction. Persons wishing to speak should submit a speaker slip to the City Clerk. Any material to be submitted to the City Council at the meeting should be submitted through the City Clerk. Speakers are limited to five minutes per agenda item, unless the Mayor determines otherwise. The Mayor may adjust this time limit depending on the number of people wishing to speak, the complexity of the matter, the length of the agenda, the hour and any other relevant consideration. Speakers may address the Council only once on an agenda item, except during public hearings, when the applicant/appellant may be afforded a rebuttal. Public comments must be directed to the City Council. Behavior that disrupts the orderly conduct of the meeting may result in the speaker being removed from the Council chambers. INFORMATION RELATING TO AGENDAS AND ACTIONS OF THE COUNCII. Agendas for regular City Council meetings available 72 hours prior to the meeting and are posted in the City's regular posting locations, on DBTV Channel 3, and on the City's website at www,cityofdiamondbar.com_. A full agenda packet is available for review during the meeting in the foyer just outside the Council chambers. The City Council may take action on any item listed on the agenda. ACCOMMODATIONS FOR THE DISABLED A cordless microphone is available for those persons with mobility impairments who cannot access the podium in order to make a public comment. Sign language interpretation is available by providing the City Clerk three business days' notice in advance of a meeting. Please telephone (909) 839-7000 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. HELPFUL PHONE NUMBERS Copies of agendas, rules of the Council, Cassette/Video tapes of meetings (909) 839-7010 Computer access to agendas: www.cityofciiamondbar,com General Information: (909) 839-7000 THIS MEETING IS BEING BROADCAST LIVE BY TIME -WARNER FOR AIRING ON CHANNEL 3, AS WELL AS BY STREAMING VIDEO OVER THE INTERNET AND BY REMAINING IN THE ROOM YOU ARE GIVING YOUR PERMISSION TO BE TELEVISED. THIS MEETING WILL BE RE -BROADCAST EVERY `SATURDAY AT 9:00 A.M. AND EVERY TUESDAY AT 8:00 P.M. ON CHANNEL 3, AND IALSO AVAILABLE ON THE CITY WEB SITE AT WWW.CITYOFDIAMONDBA,.COM CITY OF DIAMOND BAR CITY COUNCIL AGENDA November 18, 2008 Next Resolution No. 2008-41 Next Ordinance No. 07 (2008) CLOSED SESSION: 5:00 p.m., Room CC -8 Public Comments on Closed Session Agenda ► Government Code Section 54956.9(c) Initiation of Litigation — One Case. STUDY SESSION: 5:30 p.m., Room CC -8 ► Discussion of Solid Waste Franchise — Discussion and Action. A. Negotiate with Current Haulers versus Soliciting Proposals B. Solid Waste Contracting Assistance Services C. City Council Solid Waste Subcommittee D. Solid Waste Franchise Negotiation/RFP Process Integrity Rules Public Comments CALL TO ORDER: PLEDGE OF ALLEGIANCE: INVOCATION: ROLL CALL: 6:30 p.m. Mayor Pastor Mark Hopper, Evangelical Free Church Council Members Chang, Herrera, Tye, Mayor Pro Tem Everett, Mayor Tanaka 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 21825 Copley Dr., Diamond Bar, California, during normal business hours. NOVEMBER 18, 2008 PAGE 2 APPROVAL OF AGENDA: Mayor SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: NEW BUSINESS OF THE MONTH: 1.1 Presentation of City Plaque to Kaiser Permanente Diamond Bar Medical Offices, 1336 Bridge Gate Dr. as New Business of the Month, November 2008. BUSINESS OF THE MONTH: 1.2 Presentation of City Tile to Xavier's Florist, 1220 S. Diamond Bar Blvd. as Business of the Month, November 2008. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: 3. PUBLIC COMMENTS: "Public Comments" is the time reserved on each regular meeting agenda to provide an opportunity for members of the public to directly address the Council on Consent Calendar items or matters of interest to the public that are not already scheduled for consideration on this agenda. Although the City Council values your comments, pursuant to the Brown Act, the Council generally cannot take any action on items not listed on the posted agenda. Please complete a Speaker's Card and give it to the City Clerk (completion of this form is voluntary) There is a five-minute maximum time limit when addressing the City Council. 4. RESPONSE TO PUBLIC COMMENT: Under the Brown Act, members of the City Council may brief) respond to public comments but no extended discussion and no action on such matters may take place. 5. SCHEDULE OF FUTURE EVENTS: 5.1 Parks and Recreation Commission Meeting — November 20, 2008 — 7:00 p.m., AQMD/Government Center Board Hearing Room, 21865 Copley Dr. 5.2 Planning Commission Meeting — November 25, 2008 — 7:00 p.m., AQMD/Government Center Auditorium, 21865 Copley Dr. 5.3 Thanksgiving Holiday — City Offices will be closed Thursday, November 27 and Friday, November 28, 2008 in observance of the Thanksgiving Holiday. City Offices will reopen on Monday, December 1, 2008. 5.4 City Council Meeting — December 2, 2008 — 6:30 p.m., AQMD/Government Center Auditorium, 21865 Copley Dr. NOVEMBER 18, 2008 PAGE 3 6. CONSENT CALENDAR: 6.1 City Council Minutes - Regular Meeting of November 4, 2008- Approve as submitted. 6.2 Ratification of Check Register — Ratification of Check Register dated October 30, 2008 to November 12, 2008 totaling $2,004,432.55. Requested by: Finance Department 6.3 Acceptance of Work Performed by Two Horse Construction for Construction of the V -Ditch On Gold Rush East of Diamond Bar Blvd; Direct City Clerk to File the Notice of Completion and Release the Retention Thirty -Five Days after the Recordation Date. Recommended Action: Accept, Direct and Authorize. Requested by: Community Services Department 6.4 Adopt Ordinance No. 06(2008): Approving Development Code Amendment No. 2008-01 Amending Table 2-6 of Section 22.10.030 of the Municipal Code to Allow Limited Educational Uses in the Regional Commercial (C-3) Zone. Recommended Action: Adopt. Requested by: Community Development Department 6.5 Approval of Right -Of -Way Use Agreement with NextG Networks, Inc. to Install Wireless Communication Equipment in the Public Right -of - Way. Recommended Action: Approve. Requested by: Community Development Department 6.6 Approve Amendment to FY 2008-09 Community Development Block Grant (CDBG) Program to Provide an Additional $131,136 for the Sycamore Canyon park ADA Retrofit — Phase IV Project, for a Total Project Allocation of $302,744 and Adopt Resolution No. 2008 -XX. Recommended Action: Approve and Adopt. Requested by: Community Development Department NOVEMBER 18, 2008 PAGE 4 7. PUBLIC HEARINGS: 7:00 p.m., or as soon thereafter as matters may be heard. 7.1 Continued Public Hearing — Resolution No. 2008 -XX: Vacating an Unused Portion of Via Sorella Street, Roadway Easement. Continued from November 4, 2008. Recommended Action: Open the Public Hearing, Receive Public Testimony, Close the Public Hearing and Adopt. Requested by: Public Works Department 8. COUNCIL CONSIDERATION: 8.1 Award of Contract to Hilton Farnkopf & Hobson, LLC (HF&H) in the Amount of $150,000 for As -Needed Solid Waste Negotiation or Request for Proposal Services. Recommended Action: Award. Requested by: Solid Waste Sub -Committee 8.2 Appointment to Wildlife Corridor Conservation Authority Advisory Committee. Recommended Action: Appoint. Requested by: Mayor 9. COUNCIL SUB -COMMITTEE REPORTS/COUNCIL MEMBER COMMENTS: 10. ADJOURNMENT: Study Session DATE: November 3, 2008 TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Mang' j F FROM: David G. Liu, Director of Public W rks 01 / TITLE: Solid Waste Franchise Study Session of November 18, 2008 At the October 21, 2008 City Council Meeting, staff was directed to bring back the solid waste franchise agreements to a Council Study Session for review and discussion. The following four (4) items will be discussed at the November 18th Study Session in the order of priority for Council's consideration. A: Negotiations with Current Haulers Versus Soliciting Competitive Proposals B: Solid Waste Contracting Assistance Services C: Role of City Council Solid Waste Subcommittee D: Solid Waste Franchise Negotiation/RFP Process Integrity Rules Please review the attached reports and let us know if you have any questions. Item A Date: November 3, 2008 TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Manager TITLE: APPROVAL OF CITY COUNCIL RECOMMENDATION TO BEGIN HAULERS RECOMMENDATION: Approve. FINANCIAL IMPACT: None, BACKGROUND: SOLID WASTE SUBCOMMITTEE NEGOTIATIONS WITH CURRENT During the September 16, 2008 City Council Meeting, the Council approved the creation of a Council Solid Waste Subcommittee and appointment of two (2) Council Members to the subcommittee. Since then, the subcommittee has met twice and at its first meeting on October 9, 2008, the pros and cons of exclusive negotiation versus soliciting competitive proposals were evaluated. DISCUSSION: Advantages of negotiation include; ensures continued service from a "known entity" that has provided successful service in Diamond Bar for the last ten years, avoids transition issues associated with a change of service providers, and has fewer adjustments for customers and improves existing service. The advantages of competitive proposals are that; it ensures that services are competitively priced, it maximizes likelihood of obtaining a comprehensive contract with favorable terms that protect the City's interest, and it presents a public appearance of fairness in awarding large contracts. The Solid Waste Subcommittee recommends entering a six (6) month negotiation time frame ending in April/May, 2009 to determine if the City will extend the current contracts. This would provide enough time to work on favorable contract terms and to finalize a new agreement, which will address the solid waste and recycling needs for Diamond Bar residents and businesses before the current contract expires in August of 2010. Competitive and consistent pricing compared to neighboring cities will still be ensured during this process. An additional nine (9) to twelve (12) months of competitive proposal process will be necessary if the negotiations are not successful. On a parallel track, a Request for Proposal will be prepared for immediate release in the event that the outcome of the negotiations are not favorable to the City. PREPARED BY: Joyce Lee, Senior Management Analyst REVIEWED BY- David—G. Y•Davi G. Liu, P.E. Director of Public Works Page 2 of 2 Item B DATE: November 3, 2008 TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Manager TITLE: AWARD CONTRACT TO HILTON FARNKOPF & HOBSON, LLC (HF&H) IN THE AMOUNT OF $150,000 FOR AS -NEEDED SOLID WASTE NEGOTIATION OR REQUEST FOR PROPOSAL SERVICES RECOMMENDATION: Award Contract. FINANCIAL IMPACT: Appropriate from General Fund Reserve. It is typical in the industry for costs to be reimbursed by solid waste haulers as an administrative fee for the amount the City incurred in connection with entering the Agreement. BACKGROUND / DISCUSSION: Our ten (10) year contract with Valley Vista Services and Waste Management Inc. are coming to an end in August 2010. The residential and commercial solid waste and recycling services contracts are designed to protect and enhance the environment we live in. For such an important contract, the City will need expert assistance in negotiating and/or developing favorable contract terms that will address the future solid waste and recycling needs for Diamond Bar residents and businesses. Proposals to provide solid waste contracting assistance were received and evaulated from the following consulting firms: D. Edwards Incorporated (Hourly Rate $75-$225), Economics ($66,810), Hilton Farnkopf & Hobson Environmental Management ($20,000), and MSW Consultants ($206,0500) 0,000), Huls HF&H has a long history of successful negotiations of solid waste service agreements with Waste Management on behalf of other jurisdictions and audited both Waste Management and Valley Vista in 2005 on behalf of the City. They are familiar with the solid waste rates, services, and programs implemented throughout Southern California and are experts in the procurement of services agreements for refuse, recycling and green waste collection, material processing services, and disposal. During the October 16, 2008 Solid Waste Subcommittee Meeting, the Subcommittee member recommended awarding solid waste contracting assistance services to HF&H and keeping parallel tracks for preparations of a Request for Proposals RFP immediate release in the case that the outcome of the negotiations are not favorable. for The proposed fee amount of $150,000 includes both the negotiation and/or competitive proposal process. PREPARED BY: Joyce Lee, Senior Management Analyst REVIEWED ,- D vid G. Liu, P. E. Director of Public Works Attachments: Consulting Services Agreement HF&H proposal of September 25, 2008 Page 2 of 2 Item C Date: November 3, 2008 TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Manager TITLE: CITY COUNCIL SOLID WASTE SUBCOMMITTEE RECOMMENDATION: Direct staff as appropriate. FINANCIAL IMPACT: None. BACKGROUND: The current trash hauler service agreement for both Valley Vista and Waste Management will be ending August 15, 2010. With less than twenty-one (21) months left in the current contracts, possible negotiations with our current haulers or request for proposals could start now in order for there to be enough time to work on favorable contract terms and to finalize a new agreement, which will address the solid waste and recycling needs for Diamond Bar residents and businesses. At the September 16th City Council Meeting, the Council established an ad hoc subcommittee consisting of Mayor Tanaka and Mayor Pro Tem Everett to lead the negotiation/RFP process with the support and assistance of staff. DISCUSSION: Staff has drafted a wish list of possible improvements to the current agreement that can be discussed and considered by our current haulers. This list may be used to aid in our negotiations with the current haulers for a possible extension or for soliciting competitive proposals. The Council Subcommittee will help facilitate the negotiation or RFP process by allowing efficient and timely meetings to review any contract terms or issues. More importantly, upon completing a thorough review process, the Council Subcommittee will bring its recommendations before the full City Council for further review and discussion. If Council concurs to commence with negotiations with the incumbent franchisees, the Council Subcommittee will provide an effective forum for discussion of solid waste and recycling matters. The negotiation time frame for a contract extension is expected to last up to six months haulers in the past eight years will also be made. The outcome of our negotiations for each hauler. During those six months, evaluations of the overall service of the two help us determine if we will need to open up the opportunity to a Request for Proposwill als (RFP) process for nine (9) to twelve (12) months for other comparable rates and services in the industry. Staff proposes the negotiation period of six months with the Council Solid Waste Subcommittee to determine if the City will extend the current contracts. This process will also give our current haulers an opportunity to submit their service proposals. PREPARED BY: Joyce Lee, Senior Management Analyst REVIEWED r Da d G. Liu, P.E. Director of Public Works Page 2 of 2 Item D DATE: November 3, 2008 TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Manager TITLE: SOLID WASTE FRANCHISE NEGOTIATION/RFP PROCESS INTEGRITY RULES RECOMMENDATION: Direct staff as appropriate. FINANCIAL IMPACT: None BACKGROUND: As the City Council is aware, the City is now embarking on a process to determine how and by whom residential and commercial solid waste and recycling collection services will be performed in the City upon expiration of the current franchises in 2010. If Council concurs, the process will commence with negotiations with the incumbent franchisees, which will result in either an extension of one or both of the existing franchise agreements or a decision to open the process to all interested vendors through a request for proposals. The City Council established an ad-hoc subcommittee consisting of Mayor Tanaka and Mayor Pro Tem Everett to spearhead this process with the support and assistance of City staff. In order to ensure a fair process free of the perception of favoritism, it is recommended that the Solid Waste Franchise Process Integrity Rules be reviewed by the City Council. DISCUSSION: The following rules are proposed: PROPOSED NEGOTIATION RULES • From the date that the City Council authorizes the initiation of contract negotiations with Waste Management and Valley Vista and until the City Council either awards a franchise extension or elects to issue a Request for Proposals ("RFP"), any and all contacts, communications, and/or conversations about franchise -related, customer service -related, and negotiation -related waste hauler issues outside of a properly convened subcommittee or City Council meeting shall be directed exclusively to Joyce Lee, Sr. Management Analyst and/or David Liu, Public Works Director. It is understood and acknowledged that incidental conversations in a social setting may occur from time to time between City officials and employees and representatives of solid waste enterprises. Those contacts and conversations should steer clear of the subjects of the existing franchise, the proposed franchise and/or any components of either including any and all aspects of franchise negotiations. The two incumbent solid waste vendors and other vendors who may be interested in proposing their services to the City will be advised of these Process Integrity Rules. They will be advised that any contact made with City officials or employees other than Ms. Lee and Mr. Liu outside of a properly convened subcommittee or City Council meeting by the vendor's representatives regarding the topic of solid waste agreements, negotiations, or any other issues associated with franchise negotiation may result in the disqualification of that waste hauler from consideration. • Councilmembers shall decline any and all gifts, including food and beverages, regardless of the financial value, from any waste haulers or their representatives. Any offer of a gift by a waste hauler representative or others acting on behalf of a waste hauler shall be grounds for disqualification from consideration. • Interpretation of these Rules above shall rest solely with the City Manager. PROPOSED REQUEST FOR PROPOSAL RULES If the City Council elects to issue an RFP either immediately or in the future, the following rules shall govern interaction between Councilmembers, appointed City officials, and City staff, and all interested responders to the City's RFP: • All of the above rules will be in effective and will apply to all interested parties effective with the release of the City's RFP until the award of the franchise.. • All questions regarding the RFP, its ancillary material, current services, proposed services, or any other clarification shall be submitted in writing to Joyce Lee, Sr. Management Analyst and David Liu, Public Works Director. All answers to the above written material submitted to the City shall be circulated to all interested parties to the RFP process along with the original written communication. • Any vendor who violates these Rules will be notified of its violation and may be disqualified from the selection process at the sole discretion of the City Manager. Page 2 of 3 For any issues or situations that are not specifically addressed above, guidance should be sought by any interested party from the City Manager or his designee. CONCLUSION Since incorporation in 1989, the City Council has served the residents of Diamond Bar with responsibility, respect, honesty, and trustworthiness. These key ethical values continue to guide the Council through each and every decision they make, no matter how small. These factors do not go unnoticed by residents, who recognize the role of elected officials as their stewards of tax dollars, infrastructure and facilities, and ultimately, the public's trust in government. The continuous progress and thriving economic and social health of Diamond Bar even in difficult times nationally speak volumes of the Council's reliance on these core ethical values. The proposed Solid Waste Franchise outlined herein are designed to serve as the process and serve as yet another trust. PREPARED BY: Joyce Lee, Senior Management Analyst REVIEWE /f David . Liu, P.E. Director of Public Works Negotiation/RFP Process Integrity Rules as a documented guide for all parties involved in example of the City's dedication to the public Page 3 of 3 Agenda No. 6-1 MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR NOVEMBER 4, 2008 "' CLOSED SESSION: 5:45 p.m. — Room CC -8 RAFTU Public Comments on Study Session Agenda — None Offered. ► Government Code Section 54956.9(c) Initiation of Litigation — One Case CALL TO ORDER: Mayor Tanaka called the regular City Council meeting to order at 6:34 p.m. in The Government Center/SCAQMD Auditorium, 21865 Copley Dr., Diamond Bar, CA. CA/Jenkins reported that nothing was added to the Closed Session agenda and no reportable action was taken by the City Council. PLEDGE OF ALLEGIANCE: C/Tye led the Pledge of Allegiance. INVOCATION: Dr. Ahmad H. Sakr, PhD, Islamic Education Center gave the invocation. ROLL CALL: Council Members Herrera, Tye, Mayor Pro Tem Everett and Mayor Tanaka. Council Member Chang was excused. Staff Present: James DeStefano, City Manager; David Doyle, Asst. City Manager; Mike Jenkins, City Attorney; Ken Desforges, IS Director; David Liu, Public Works Director; Bob Rose, Community Services Director; Greg Gubman, Acting Community Development Director; Ryan McLean, Assistant to the City Manager; Rick Yee, Senior Civil Engineer; Kimberly Molina, Associate Engineer; Erwin Ching, Assistant Engineer; Cecilia Arellano, Public Information Coordinator, and Tommye Cribbins, City Clerk. APPROVAL OF AGENDA: As Presented. 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 M/Tanaka presented a Proclamation to members of the Diamond Bar Breakfast Lions Club proclaiming the month of November, 2008 as "Lions White Cane Days". NEW BUSINESS OF THE MONTH: 1.2 M/Tanaka presented a City Tile to co-owners James Bartlett and Lucy Tasai, of Bob's Big Boy Restaurant, 21090 Golden Springs Dr., Business of the Month for November 2008. NOVEMBER 4, 2008 PAGE 2 CITY COUNCIL 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: CM/DeStefano announced that the Brea Canyon Road Undercrossing Project has been completed and that all four lanes are open to vehicular traffic. He then introduced Assemblyman Bob Huff who updated the Council and Audience on what is going on in Sacramento. 2.1 Assemblyman Bob Huff updated the City on State events and projects as well as the State's economy and how it impacts D.B. 3. PUBLIC COMMENTS: None offered 4. RESPONSE TO PUBLIC COMMENTS: None offered. 61 91 SCHEDULE OF FUTURE EVENTS: 5.1 Veterans Recognition Ceremony — November 5, 2008 — 9:00 to 11:00 a.m., Diamond Bar Center, 1600 S. Grand Ave. 5.2 Veterans Day Holiday — November 11, 2008 — City Offices closed in observance of the Holiday. City Offices reopen Wednesday, November 12, 2008. 5.3 Planning Commission Meeting — November 11, 2008 — Dark due to Veterans Day Observance. 5.4 Traffic and Transportation Commission Meeting — November 13, 2008 — 7:00 p.m., AQMD/Government Center Hearing Board Room, 21865 Copley Dr. 5.5 Steep Canyon Trail Dedication — Saturday, November 15, 2008 — 10:00 a.m., Steep Canyon Rd. at Clear Creek Canyon Dr. (Free parking/shuttle from Diamond Bar Center, 1600 S. Grand Ave. from 9:30 a.m. to 12:00 noon. 5.6 City Council Meeting — November 18, 2008 — 6:30 p.m., AQMD/ Government Center Auditorium, 21865 Copley Dr. CONSENT CALENDAR: C/Tye moved, MPT/Everett seconded, to approve the Consent Calendar as presented. Motion carried by the following Roll Call: AYES: COUNCIL MEMBERS: Herrera, Tye, MPT/Everett, M/Tanaka NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Chang NOVEMBER 4, 2008 PAGE 3 CITY COUNCIL 6.1 CITY COUNCIL MINUTES (a) Study Session of October 21, 2008 — Approved as submitted. (b) Regular Meeting of October 21, 2008 — Approved as submitted. 6.2 RECEIVED AND FILED PLANNING COMMISSION MINUTES — Regular Meeting of September 23, 2008. 6.3 RECEIVED AND FILED PARKS AND RECREATION COMMISSION MINUTES — Regular Meeting of September 25, 2008. 6.4 RATIFIED CHECK REGISTER — dated October 16, 2008 to October 29, 2008 totaling $853,469.62. 6.5 APPROVED PRELIMINARY TREASURER'S STATEMENT — Month of September 2008. 6.6 APPROVED AMENDMENT NO. 1 TO THE CONTRACT WITH TRG LAND INC. IN THE AMOUNT OF $48,826 FOR LAND PLANNING SERVICES FOR PROPERTY OWNED BY THE WALNUT VALLEY UNIFIED SCHOOL DISTRICT (WVUSD); APPROPRIATED $28,826 FROM GENERAL FUND RESERVES; AND, APPROVED AMENDMENT NO. 1 TO THE REIMBURSEMENT AGREEMENT WITH WVUSD INCREASING THE REIMBURSEMENT AMOUNT AND APPROVING A METHODOLOGY OF DIVIDING THE LAND SALE PROCEEDS FOR SITE D. 6.7 APPROVED WORK PERFORMED BY INTERNATIONAL PAVEMENT SOLUTIONS FOR CONSTRUCTION OF THE STORAGE CONTAINER PAD AT PANTERA PARK; DIRECTED THE CITY CLERK TO FILE THE NOTICE OF COMPLETION AND RELEASE THE RETENTION THIRTY- FIVE DAYS AFTER RECORDATION DATE. 6.8 AWARDED DESIGN/CONSTRUCTION ADMINISTRATION SERVICES FOR 2008-09 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) CURB RAMP INSTALLATION PROJECT TO NORRIS-REPKE IN THE AMOUNT OF $25,890 AND AUTHORIZED A CONTINGENCY AMOUNT OF $2,500 FOR CHANGE ORDERS TO BE APPROVED BY THE CITY MANAGER, FOR A TOTAL AUTHORIZATION AMOUNT OF $28,390. 6.9 APPROVED CONTRACT AMENDMENT WITH ADVANTEC CONSULTING ENGINEERS FOR ONGOING CITYWIDE TRAFFIC SIGNAL TIMING PROGRAM IN THE AMOUNT OF $50,000 FOR A TOTAL AUTHORIZATION AMOUNT OF $50,000. NOVEMBER 4, 2008 PAGE 4 CITY COUNCIL 7. PUBLIC HEARINGS: 7.1 RESOLUTION NO. 2008-37: VACATING A PORTION OF VIA SORELLA STREET. PWD/Liu reported that staff is recommending that the City Council continue this public hearing item to allow staff an opportunity to work with the utility companies in accordance with State law. CM/DeStefano stated that this is a request for vacation of a street (Via Sorella). He explained that if the City Council approves the vacation of a small portion of property at the end of Via Sorella between the current construction site and the Caltrans block wall, the ownership would revert back to the previous property owners. Staff has determined that there is no public purpose in retaining this acreage and as such, it can be vacated. It is not the entire run of Via Sorella but only a portion at the end of the street. Staff will provide a Memorandum of Understanding of the issues for the November 18 meeting. M/Tanaka opened the Public Hearing. Olin Lamb 21232 Davan St. wanted to know who, in the event of the vacation, would be responsible for maintaining the street. She also asked what residents were notified about tonight's public hearing. Paul Burmeister, 21226 Davan St. asked if the property is of no value why the City Council doesn't negotiate a price for the parcels and sell them. He also asked why the Master Plan shows the parcels were vacated to the Institute of Knowledge. Why is the Institute currently using the parcels and who is paying for liability on the parcels during construction. He too questioned whether residents were properly notified and questioned what the use of the vacated property might be. Wayne Burk, 1038 S. Adel Ave. asked why residents were not given notice about construction of the school and how the City could afford to give away the land. David Guy, 1082 Adel Ave. pointed out that all residents just found out about this issue. He owns a business and finds it amazing that he received no notification of this matter. Residents want answers about how the property will be used and whether there will be increased traffic and parking. CM/DeStefano responding to the speakers stated that the matter before the City Council tonight is whether or not the City Council concurs with staff's recommendation to vacate the acreage to the adjoining property owner. The issue of the land use (the school under construction) was a NOVEMBER 4, 2008 PAGE 5 CITY COUNCIL matter that was approved by the City's Planning Commission in October 2007. Prior to the Planning Commission taking action on the project there were two or three noticed public hearings. By State law notices must go out to everyone within 300 feet of the boundaries of the project. By choice, D.B. exceeds that notification requirement. This project was noticed to all property owners within 500 feet of the site. Factually, a couple of tonight's speakers were on the notification list of about 35 residents going back to September 2007. The public notice billboard requirement for these parcels was the same type of billboard that would have been produced a year ago for the school use. Regarding the trailer that sits on the subject property, it is in place with the City's permission via an Encroachment Permit. Placement of this item by staff on tonight's agenda had nothing to do with the election. The school project was vetted by a Mitigated Negative Declaration and prepared and reviewed with respect to traffic impacts and mitigation was set forth accordingly. In addition, this developer will be paying about $85,000 for traffic improvements (mitigation). The matter before Council is not about the land use, rather, the vacation of property. CA/Jenkins stated that the reason the City is not selling these parcels as opposed to giving them back. Most streets in most cities are easements and cities do not own the streets. At some point streets were dedicated to the City for public highway use and only for public highway use. Most of the city's streets were originally dedicated to the County and then upon incorporation automatically became City streets. The underlying fee (ownership of the property) stays with the adjoining properties. Properties on either side of the street own to the middle of the street as well as the underlying fee subject to an easement that gives cities the right to use that area for public highway purposes. If and when a city decides that a street or portion of a street is no longer needed for any present or future public highway use the city can give up its easement to the property. When the City has an easement for public highway use for street purposes, certain responsibilities flow with the street including potential liabilities. If the City has no intention of actually using it as a street then it is typical for a City to "give up" its easement in the street so that it eliminates any potential responsibility and liability for that area. Under the law, when a City gives up its easement it is called a "vacation." When the City gives up its easement it is not giving the property back. The adjoining property owners already own the land and the property is merely being "unburdened" by the City's easement. The property cannot be sold because the City does not own the property. The landowners own the property and have always owned the property and will continue to own it as long as the City keeps the easement for street purposes. One of the speakers correctly described the street as being a dead end that no one has any reason to go to and that is one of the reasons why staff is recommending the "vacation" of the street because staff too, does not perceive that there is any public purpose to keeping the property as a NOVEMBER 4, 2008 PAGE 6 CITY COUNCIL public street. Once vacated, the private property owners who own it will bear the responsibility and liability for that area. With respect to "notice" the California Streets and Highways Code provides the mechanism for how cities go about notifying the public for a street vacation which involves two types of notices: 1) posting of a notice a certain distance along the street and 2) publication in a newspaper for two successive weeks. The City did provide the notification for the street vacation in accordance with the Code and apparently, the notification worked since a significant number of interested residents are present this evening. As previously stated, the traffic issues on the street were addressed when this project was considered by the Planning Commission. Traffic is not a factor that the City Council takes into account when considering a "vacation" of a street. The only issue the Council will be asked to consider at its next meeting is whether the City Council believes that there is any present or foreseeable future need for these two parcels for public highway purposes. If so, the City Council would not need to vacate the parcels and continue to maintain them and continue to be responsible for them as a public street. CA/Jenkins confirmed to C/Herrera that if the parcels are vacated the City will no longer be required to maintain them because the responsibility falls to the property owner. The only reason that the item was being recommended for continuance is because there are subterranean utility infrastructure under the street (water lines, electrical conduit, gas lines) so part of the process involves giving notice to the utilities that the City is considering vacating the street meaning that once it is no longer a public street those utility services would need the ability to gain access to their conduits and pipes. Utility services reserve an easement allowing for maintaining their utility structures. When this matter comes back to Council there will be a resolution in the packet that identifies a subterranean easement that will be attached to the property. CM/DeStefano confirmed to C/Tye that Via Sorella would remain a public street with the exception of the small piece of property at the very end between the construction site and the block wall at the freeway. C/Tye responded to Mrs. Lamb that the City would continue to be responsible for the street maintenance. C/Tye moved, C/Herrera seconded, to continue the Public Hearing to November 18. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Herrera, Tye, MPT/Everett, M/Tanaka NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Chang NOVEMBER 4, 2008 PAGE 7 CITY COUNCIL 7.2 ORDINANCE NO. 06(2008): APPROVING DEVELOPMENT CODE AMENDMENT NO. 2008-01 AMENDING TABLE 2-6 OF SECTION 22.10.030 OF THE MUNICIPAL CODE TO ALLOW LIMITED EDUCATIONAL USES IN THE REGIONAL COMMERCIAL (C-3) ZONE. Acting CDD/Gubman stated that this matter is a proposed amendment to D.B.'s zoning regulations to allow for limited educational uses in the Regional Commercial (C-3) Zone. The amendment was initiated by the Developer of a new two-story office building at Golden Springs and Banning Way, a C-3 zoned property next to LA Fitness. The Developer wishes to expand the leasing opportunities and therefore applied for this code amendment. Staff studied the matter and drafted an ordinance that would expand the range of tenants that owners of C-3 Zone properties may lease to and ensure greater traffic flow and tax revenue for the City while preserving the intent under which the C-3 Zone was established. He showed an overhead of all current C-3 Zoned properties in the City. Presently, educational (Martial Arts), schools tutoring music instruction, etc. are prohibited in the C-3 Zone because these uses are generally not to be considered to be regional uses. Present uses were initiated prior to current regulations that prohibited them and are considered to be non- conforming uses. If adopted, the proposed amendment would affect all C- 3 Zone properties and would enable the Planning Commission to consider such uses on a case-by-case basis through the Conditional Use Permit process, a tool used to ensure compatibility, parking and other land uses are fully considered and studied prior to the Planning Commission rendering its decision. The proposed amendment would allow for educational uses in the C-3 Zone under two scenarios; 1) to allow educational classes, training programs, etc. as a primary use such as a vocational or computer training school or class. The uses would be limited to the second floor and above in multi -story buildings located in the C-3 Zone; 2) ancillary classes in conjunction with permitted commercial uses on the first floor. For example, the music store at 20875 Golden Springs offering music instruction would be allowed under this amendment with the instruction possibly serving to support and enhance the retail component. Staff believes that the proposed code revisions are appropriate in that upper stories in retail establishments tend not to attract retail uses and by allowing a limited amount of educational uses in conjunction with a dominant retail use, it would, in fact, support the retail businesses and thus further the intent of the C-3 Zone. On the basis of this analysis, staff recommends approval. C/Herrera asked if the City had any zones above C-3 to which ACDD/Gubman responded that C-3 is the highest. ACDD/Gubman confirmed that within the C-3 Zone that currently exists, educational uses are not allowed. The current educational uses are non- NOVEMBER 4, 2008 PAGE 8 CITY COUNCIL conforming and would not be allowed to be established under the current ordinance. C/Herrera favored incorporating the types of uses that would be considered under the proposed ordinance. M/Tanaka opened the Public Hearing. With no one present who wished to speak on this matter, M/Tanaka closed the Public Hearing. C/Herrera moved, MPT/Everett seconded, to approve for first Reading by title only, waiving full reading of Ordinance No. 06(2008) Approving Development Code Amendment No. 2008-01. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: 8. COUNCIL CONSIDERATION: None Herrera, Tye, MPT/Everett, M/Tanaka None Chang 9. COUNCIL SUBCOMMITTEE REPORTS/COUNCIL MEMBER COMMENTS: C/Tye stated that he had attended "Red Ribbon Week" functions at many schools in the area and thanked all who participated in this special program. C/Tye congratulated Pantera Elementary School for coming in 31St highest API of all schools in the State with a 971 out of 1000. He attended the YMCA fundraiser with its "celebrity" waitresses and thanked CC/Cribbins and RS/Meyers for their participation and contribution. He urged everyone to make arrangements to join in the Diamond Bar Foundation Gala on November 16 at the Diamond Bar Center. C/Herrera announced that as a member of D.B.'s representative to Foothill Transit, on October 30 she had attended a governing board meeting to decide whether Foothill Transit would invite the City of Pasadena to be a member city. Currently, Foothill Transit has 21 member cities and the governing board voted unanimously to invite Pasadena to join Foothill Transit. Each board member was asked to request that this matter be placed on an upcoming agenda. So it is requested that staff place an item on the agenda for consideration of approving Pasadena to be a member of Foothill Transit in an upcoming agenda. C/Herrera further stated that Foothill Transit has offered to discuss the matter with the Council during a Study Session if needed prior to voting on the matter. She hoped that all citizens exercised their right to vote in this important election. NOVEMBER 4, 2008 PAGE 9 CITY COUNCIL MPT/Everett also spoke about Red Ribbon Week events as well as the Walnut Valley Unified School Districts salute to teachers. He encouraged everyone to participate in the Veterans' Recognition Ceremony tomorrow and the Steep Canyon Trail Dedication. He wanted the residents to know that he was listening to them and thanked staff and CA/Jenkins for explaining "vacation" as it relates to Item 7.1. M/Tanaka reminded everyone about the Veterans' Recognition Ceremony tomorrow at the Diamond Bar Center. WVUSD held a fine salute to teachers and congratulated all of the "Teachers of the Year", especially Walnut High School Math Teacher Melanie Hildreth, District Teacher of the Year. Last Tuesday the Diamond Bar Friends of the Library held the annual Read Together Challenge. He congratulated teams from Chaparral, Lorbeer, South Point and Suzanne for their participation with South Point ultimately winning the challenge. He too commented on Red Ribbon Week. The YMCA Celebrity Waiter luncheon was a lot of fun and raised a lot of money for the YMCA. He thanked the D.B.H.S. Leo Club and students from Diamond Ranch High School who built and worked the Haunted House. The Fall Fun Festival was held for children eight and under. He thanked Leo members and DB 4 -Youth In Action students that helped with the food. He thanked staff for providing the Fall Fun Festival and Haunted House. He attended the D.B. Day at the Fair Committee Meeting chaired by C/Chang. Next year's event is scheduled for September 17, 2009. ADJOURNMENT: With no further business to conduct, M/Tanaka adjourned the regular City Council meeting at 8:10 p.m. TOMMYE CRIBBINS, CITY CLERK The foregoing minutes are hereby approved this day of JACK TANAKA, MAYOR M CITY COUNCIL TO FROM TITLE Honorable Mayor and Members of the City Council James DeStefano, City Manager Agenda # 6. 2__ Meeting Date: November 18, 2008 AGENDA REPORT Ratification of Check Register dated October 30, 2008 through November 12, 2008 totaling $2,004,432.55. RECOMMENDATION: Ratify. FINANCIAL IMPACT: Expenditure of $2,004,432.55 in City funds. BACKGROUND: The City has established the policy of issuing accounts payable checks on a weekly basis with City Council ratification at the next scheduled City Council meeting. DISCUSSION: The attached check register containing checks dated October 30, 2008 through November 12, 2008 for $2,004,432.55 is being presented for ratification. All payments have been made in compliance with the City's purchasing policies and procedures. Payments have been reviewed and approved by the appropriate departmental staff and the attached Affidavit affirms that the check register has been audited and deemed accurate by the Finance Director. PREPARED BY: Linda G. Magnuson Finance Director REVIEWED BY: 0 Finan a=rector Assist Manager Attachments: Affidavit and Check Register — 10/30/08 through 11/12/08. CITY OF DIAMOND BAR CHECK REGISTER AFFIDAVIT The attached listings of demands, invoices, and claims in the form of a check register including checks dated October 30, 2008 through November 12, 2008 has been audited and is certified as accurate. Payments have been allowed from the following funds in these amounts: Description Amount General Fund $730 Com Org Support Fund ,383.67 Prop A - Transit Fund 650.00 Int. Waste Mgt Fund 4,982.11 CDBG Fund 8,391.82 LLAD 38 Fund 4,633.91 LLAD 39 Fund 11,829.91 LLAD 41 Fund 12,314.89 Capital Improvement Project Fund 5,198.52 1,226,047.72 $2,004,432.55 Signed: Linda G. Ma nu on Finance Director Page 1 City of Diamond Bar - Check Register 10/15/08 thru 10/29/08 - ck Date Check Number Vendor Name 0/2008 Transaction Description Fund/ Dept Acct # Amount Total Check Amount OS -PP 22 PAYROLL TRANSFER 0/2008 F10/30/2008 PAYROLL TRANSFER TRANSFER-08/PP 22 rP/R 115 10200 3,609.34 $166,805.20 0/2008 PAYROLL TRANSFER TRANSFER-08/PP 22 125 10200 980.16 PAYROLL TRANSFER TRANSFER-08/PP 22 001 10200 157,233.59 TRANSFER-08/PP 22 112 10200 /30/2008 82570 ADVANTEC CONSULTING ENGINEERS INC 4,982.11 /30/2008 E10/30/2008 ADVANTEC CONSULTING ENGINEERS INC PROF.SVCS-ENGINEERING 0015510 45221 5,060.66 $22,074.16 ADVANTEC CONSULTING ENGINEERS INC PROF.SVCS-ENGINEERING 0015510 45221 10,006.06 PROF.SVCS-ENGINEERING 0015510 45221 7,007.44 10/30/2008 82571 JAGRICULTURAL COM WGHTS & MEASURES COYOTE CONTROL SVCS -AUG 0014431 45406 681.07 10!30!2008 82572 JALFREDO J ESTEVEZ $681.07 REIMB-MS OFFICE TRNG0014070 42340 47,97 10/30/2008 82573 1AMERICAN PUBLIC WORKS ASN $47.97 MEMBERSHIP DUES -D LIU 0015510 42315 166.25 10/30/2008 82574 APPLEONE EMPLOYMENT SERVICES $16625 10/30/20081APPLEONE EMPLOYMENT SERVICES TEMP SVCS -WK 10/11 0014030 44000 805.00 TEMP SVCS -WK 10/18 0014030 44000 T$1,633.00 828.00 10/30/2008 82575 DEBBIE AVI -A CONTRACT CLASS -FALL 0015350 45320 336.00 $336.00 10/30/2008 82576 IJOHN E BISHOP CONTRACT CLASS -FALL 0015350 45320 738.00 10/30/2008 82577 CALIFORNIA CONSERVATION CORP $738.00 1 013 0/2 0 0 8 CALIFORNIA CONSERVATION CORP GRAFFITI REMOVAL-SYC CYN 0015558 45500 384.00 $4,096.00 TRAIL MAINT-SEPT 08 0015556 45500 3,712.00 10/30/2008 82578 ICASH CHANGE -FALL FUN FESTIVAL 0015350 41200 79 CDW GOVERNMENT INC. 200.00 $200.00 CDW GOVERNMENT INC. SUPPLIES-I.T. 2505510 R46412 $7,570.26 10.47 :10/310/2008 CDW GOVERNMENT INC. SUPPLIES-I.T. 2505510 R46412 502.71 GOVERNMENT INC. SUPPLIES-I.T. 2505510 R46412 167.58CDW GOVERNMENT INC. SUPPLIES-I.T.CDW 2505510 R46412 6,325.60 SUPPLIES-I.T. 2505510 R46412 563.90 10/30/2008 82580 ICENTER ICE SKATING ARENA CONTRACT CLASS -SUMMER 0015350 45320 10/30/2008 82581 ITINA CHANG 81.00 $81.00 CONTRACT CLASS -FALL 0015350 45320 Page 1 Check Date Check Nur 10/30/2008 82582 10/30/2008 82583 10/30/2008 0014030 10/30/2008 82584 10/30/2008 City of Diamond Bar - Check Register 10/15/08 thru 10/29/08 Vendor Name CHARTER OAK GYMNASTICS, INC RONALD CHUNG RONALD CHUNG CAROL DENNIS 3AROL DENNIS Transaction Description CONTRACT CLASS -FALL FACILITY REFUND -DBC FACILITY REFUND -DBC PROF.SVCS-SS/CC MTGS PROF.SVCS-THCA MTG Fund/ Dept Acct 4 0015350 45320 001 23002 001 36615 0014030 44000 0014030 1 44000 7Amount Total Check Amount 462.00 $462.00 700.00 $400.001 $275.00 Page 2 T OS 0015554 45502 Check Register 10/15/08 thru 10/29/08 $11,537.18 OF -WAY 0015554 45522 City of Diamond Bar - Transaction Description Fund/ Dept Acct # Amount Total Check Amount Check Date Check Number Vendor Name DAILY BULLETIN SUBSCRIPTION RENEWAL 0014090 42320 204.00 $204.00 10/30/2008 82595 INLAND VALLEY INTERNATIONAL PROTECTIVE SVCS INC. CROSSING GUARD SVCS-JUL 0014411r45410 5410 1,290.60 $16,333.32 10130/2008 82596 INTERNATIONAL PROTECTIVE SVCS INC. CROSSING GUARD SVCS -AUG 0014411 1,848.00 10/30/2008 PROTECTIVE SVCS INC. CROSSING GUARD SVCS -SEPT 00144115410 13,194.72 10/30/2008 INTERNATIONAL REIMS-MISAC CONF 0014070 42340 1 298.661 $298.66 10/30/2008 82597 ISAAC H AZIZ REIMB-MISAC CONF 0014070 42340 83.07 $83.07 10/30/2008 82598 KENNETH L DESFORGES SUPPLIES -ROAD MAINT 0015554 1 41300 43.80 $43.80 10/30!2008 82599 KENS HARDWARE CONTRACT CLASS -FALL 0015350 45320 1,332.00 $1,332.00 10/30/2008 82600 GABRIELA KLEIN FACILITY REFUND -DBC 001 230D2 100.00 $100.00 10/30/2008 826D1 JULIE LACEY TRAIL SIGNS -COMM SVCS 0015340 42210 1,339.59 $1,339.59 10/30/2008 82602 LETTER PERFECT SIGNS COUNTY PUBLIC WORKS TRFFC SIGNAL MAINT-AUG 0015554 45507 492.29 $492.29 10/3012008 82603 LOS ANGELES FACILITY REFUND -DBC 001 23002 100.00 $100.00 10/30/2008 82604 LUCIA KIM NOV 08 -EAP PREMIUMS 001 21115 152.90 $152.90 10/30/2008 82605 IMANAGED HEALTH NETWORK AINT SV�MAINT-SEPT 10130/2008 82606 MC�CORPORATION �RAD 10!30/2008 MCORATION DISPOSAL SYSTEMS INC RECYCLING FEES -OCT 08 1155515 44000 563.48 $563.48 10/30/2008 82607 MERCURY SLURRY SEAL -AREA 4 2505510 R46411 2,271.00 $30,731.94 10/30/2008 82608 NORRIS REPKE INC SLURRY SEAL -AREA 4 2505510 R46411 3,950.94 10/30/2008 NORRIS REPKE INC SLURRY SEAL -AREA 5 2505510 46411 24,510.00 10/30/2008 NORRIS REPKE INC SURVIVOR BENEFIT 001 21109 46.50 $24,463.45 10/30/2008 82609 PERS RETIREMENT FUND RETIRE CONTRIB-EE 001 21109 9,638.46 10/30/2008 PERS RETIREMENT FUND RETIRE CONTRIB-ER 001 21109 14,778.49 10/30/2008 PERS RETIREMENT FUND T OS 0015554 45502 8,389.98 $11,537.18 OF -WAY 0015554 45522 3,147.20 Page 3 City of Diamond Bar - Check Register 10/15/08 thru 10/29/08 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 10/30/2008 82610 POMONA JUDICIAL DISTRICT PARKING CITATION FEE -SEPT 001 32230 2,405.00 $2,405.00 $150.00 10/30/2008 82611 REGIONAL CHAMBER OF COMMERCE COMM ORG SUPPORT FUND 0114010 42355 150.00 PRINT SVCS-P/INFO 0014095742,110 10/30/2008 82612 REINBERGER PRINTWERKS 10/30/2008 0014095 REINBERGER PRINTWERKS 10/30/2008 500.00 REINBERGER PRINTWERKS PRINT SVCS-P/INFO 0014095742,110 2110 115.83 $1,509.01 PRINT SVCS -DIAMOND RIDE 0014095 23002 972.09 500.00 PRINT SVCS -ENVELOPES 0014090110 421.09 82613 Page 4 D-DBC 001 23002 500.00 $466.00 10!30/2008 82613 NANCY RIVAS �FACILITYD -DBC 001 36615 34.00 10/30/2008 NANCY RIVAS S UPPLIES -ROAD MAINT 0015554 41250 906.05 $906.05 10/30/2008 82614 S C SIGNS &SUPPLIES LLC CONTRACT CLASS -FALL 0015350 45320 .0 1,2000 $1,200.00 10/3012008 82615 FRANCIS SABADO SUPPLIES -ROAD MAINT 0015554 41250 134.23 $134.23 10/30/2008 82616 SAFEWAY SIGN COMPANY FACILITY REFUND DBC 111 500.00$432.00 10/30/2008 82617 JM�GUEL SANTOS FACILITY REFUND -DBC =12-�002E: 6615 -68.00 10/30/2008 MGUEL SANTOS EXCURSION -ROSE PARADE 0015350 45310 1585.00 $585.00 10/30/2008 82618 SHARP SEATING GRAPHIC DESIGN SVCS-NOV 0014095 44000 1,950.00 $1,950.00 10130/2008 82619 SIMPSON ADVERTISING INC RECREATION REFUND 001 34780 47.00 $47.00 10/30/2008 82620 ANSHUL SINGH LEASE -CITY HALL NOV 0014090 42140 121,810.60 $21,810.60 AIR QUALITY MGT DISTRICT 10/30/2008 82621 SO COAST ER SUPPLIES -OCT 08 0014090 41200$208.47 10/30/2008 82622 rSPARKLETTS RENTAL -OCT O8 rEQ 0014090 42130 10.25 10/30/2008 ARKLETTS SLRY ATTCHMT-000932977 001 21114 279.30 $279.30 10/30/2008 82623 STATE DISBURSEMENT UNIT PROF.SVCS-GIS SUPPORT 0014070 44000 652.451 $652.45 10/30/2008 82624 THE COMDYN GROUP INC PROF SVCS ECON DEV 0014096 44000 1 125.00 $1,125.00 10!30/2008 82625 URBAN FUTURES INC Page 4 City of Diamond Bar - Check Register 10/15/08 thru 10/29/08 A t Total Check Amount Check Date Check Number Vendor Name 10/30/2008 82626 VANTAGEPOINT TRNSFR AGNTS-303248 Transaction Description F�00121';'10'8 moun 10/31108 -PIR DEDUCTIONS 4,061.52 $4,061.52 E10:/30/:20080:8!26�27V�ERIZON CALIFORNIA rpH.SVCS-DIAL IN MODEM 0014090 42125 71.69 $181.6CALIFORNIA H.SVCS-INFO TO GO 0014090 42125 109.94 95 23 $285 45 10/30/2008 82628 VERIZON WIRELESS -LA 10/30/2008 0015350 VERIZON WIRELESS -LA 10/30/2008 0014440 VERIZON WIRELESS -LA 10/3012008 44000 VERIZON WIRELESS -LA 10/3012008 0014090 VERIZON WIRELESS -LA 10/30/2008 1155515 VERIZON WIRELESS -LA CELL CHRGS-CMGR 0014030 42125 $25.00 0015350 WELLDYNERX CELL CHRGS-EOC 0014440 42125 44.25 44000 113.12 CELL CHRGS-EOC 0014090 42125 0.14 1155515 44000 CELL CHRGS-DESFORGES 0014070 42125 50.41 CELL CHRGS-AZIZ CELL CHRGS-LASD MODEM 0014070 0014411 42125 42125 50.41 45.01 0015350 41200 335.10 10/30/2008 82629 SAVITA VERMA IRECREATION REFUND 001 34782__L_25.00 $25.00 0015350 WELLDYNERX 10/30/2008 82630 VISION SERVICE PLAN NOV 08 -VISION PREMIUMS 001 21107 1,221.97 $1,201.97 44000 113.12 10130/2008 82631 WALNUT VALLEY UNIFIED SCHOOL DIST FED GRANT-DBHS B/FIELD 0014090 44000 247,500.00 $247,500.00 1155515 44000 129.28 $500.00 32 32 $274.72 10/30/2008 82632 WELLDYNERX 10/30/2008 0015350 WELLDYNERX 10/30/2008 SHARPS PROG-SEPT 08 WELLDYNERX SHARPS PROG-SEPT 08 82633 1155515 44000 0015350 45320 360.00 SHARPS PROG-SEPT 08 1155515 44000 113.12 10!30/2008 82634 SHARPS PROG-OCT 08 FACILITY REFUND -DBC 1155515 44000 129.28 $500.00 10/30/2008 82633 THERESA WINECKI CONTRACT CLASS -FALL 0015350 45320 360.00 $360.00 10!30/2008 82634 NAOMI WIZEL FACILITY REFUND -DBC 001 23002 500.00 $500.00 SUPPLIES -SR BINGO 0015350 41200 335.10 $335.10 10/30/2008 82635 WORLDWIDE BINGO SUPPLIER 10/30/2008 82636 YOUNG LEE RECREATION REFUND 001 34780 65.00 $65.00 11/6/2008 82637 ADVANTEC CONSULTING ENGINEERS INC PROF.SVCS-ENGINEERING 0015510 45221 5,000.00 $5,000.00 11/6/2008 82638 ANTHONY AGUILA FACILITY REFUND -HERITAGE 001 23002 50.00 $50.00 COMP MAINT-I.T. 0014070 42205 550.00 $550.00 11/6/2008 82639 ALTIMA TECHNOLOGIES INC. RETENTION PAYABLE 250 20300 124 135.05 $1,117,215.50 11/6/2008 82640 JAMERICAN ASPHALT SOUTH INC Page 5 PH.SVCS-GENERAL 11/6/2008 11/612008 11/6f2008 City of Diamond Bar - Check Register 10/15/08 thru 10/29/08 $83.44 11/6/2008 11/6/2008 11/6/2008 82647 AT&T MOBILITY AT&T MOBILITY AT&T MOBILITY Transaction Description Fund/ Dept Acct # Amount Total Check Amount Check Date Check Number Vendor Name SYS INC. PH.SVCS-P/INFO 0014070 42125 SLURRY SEAL -AREA 4 2505510 R46411 367,680.51 $1,117,215.50 ... 11/6/2008 82640... AMERICAN ASPHALT SOUTH INC. SLURRY SEAL -AREA 4 2505510 R46411 873,670.04 11!6/2008 AMERICAN ASPHALT SOUTH INC. 0015350 41200 200.00 $200.00 11/6/2008 82650 CASH SUPPLIES -TONERS 0014070 45000 101.701 $101.70 11/6/2008 82641 AMERICOMP GROUP INC SUPPLIES-SUPPLIES 0014070 41200 41.44 $2,308.29 11/6/2008 FACILITY REFUND-SYC CYN 001 23002 50.00 $50.00 11/6/2008 82642 ANDY AMEZCUA 11/6/2008 CDW GOVERNMENT INC. COMP EQ-I.T. 2505510 R46412 646.04 CONTRACT CLASS -FALL 0015350 45320 114.00 $114.00 11/6/2008 82643 CHRISTINE ANN ANGELI 261.81 11/6/2008 CDW GOVERNMENT INC. COMP EQ I.T. FACILITY REFUND -PETERSON 001 23002 50.00 $50.00 11/6/2008 82644 LINDA ARNERO 001 23002 50.00 $50.00 11/6/2008 82652 DANNIELLE CERVANTES WATER SUPPLIES -DBC $48.75 11/6/2008 82645 ARROWHEAD EQ RENTAL -DBC ILO153394 15333 42130 10.81 23002 11/6/2008ARROWHEAD $50.00 11/6/2008 82653 CARRIE CHENG PH.SVCS-GENERAL 11/6/2008 11/612008 11/6f2008 82646 AT & T AT & T AT & T $83.44 11/6/2008 11/6/2008 11/6/2008 82647 AT&T MOBILITY AT&T MOBILITY AT&T MOBILITY PH.SVCS-GENERAL 0014090 42125 29.24 $83.44 PH.SVCS-GENERAL 0014090 42125 29.24 82648 PH.SVCS-GENERAL 0014090 42125 24.96 CELL CHRGS-POOL VEH 0014090 42125 10.73 $32.19 CELL CHRGS-POOL VEH 0014090 42125 10.73 82648 CELL CHRGS-POOL VEH 0014090 42125 10.73 Page 6 FOOD -SR HALLOWEEN DANCE 0015350 45300 1,242.17 $1,242.17 11/6/2008 82648 BURGER CONTINENTAL SYS INC. PH.SVCS-P/INFO 0014070 42125 2,198.45 $2,198.45 11/6/2008 82649 BUSINESS TELECOMMUNICATION CHANGE-DB4 YTH DANCE 0015350 41200 200.00 $200.00 11/6/2008 82650 CASH SUPPLIES-SUPPLIES 0014070 41200 41.44 $2,308.29 11/6/2008 82651 CDW GOVERNMENT INC. 2505510 R46412 1,359.00 11/6/2008 CDW GOVERNMENT INC. COMP EQ-I.T. 2505510 R46412 646.04 11/6/2008 CDW GOVERNMENT INC.. MP EQ-I.T. 2505510 R46412 261.81 11/6/2008 CDW GOVERNMENT INC. COMP EQ I.T. FACILITY REFUND-PANTERA 001 23002 50.00 $50.00 11/6/2008 82652 DANNIELLE CERVANTES FACILITY REFUND SYC CYN 001 23002 50.001 $50.00 11/6/2008 82653 CARRIE CHENG Page 6 City of Diamond Bar - Check Register 10/15/08 thru 10/29/08 Check Date Check Number Vendor Name Transaction Description 1 0015350 Fund/ Dept 11/6/2008 82654 CHRISTOPHER MORALES INC RETENTION PAYABLE 250 Acct # Amount Total Check Amount 20300 42,070.78 $42,070.78 11/6/2008 82655 JDAVID J. GRUNDY IP & R COMM -10/23 1 0015350 42110 148.84 EVERGREEN INTERIORS 44100 45.001$45.00 11/6/2008 135.00 EVERGREEN INTERIORS PLANT SVCS -DBC OCT 08 0015333 11/6/2008 1 1 EVERGREEN INTERIORS PLANT SVCS-HERITATGE 11/6/2008 82656 DAY &NITE COPY CENTER EXCEL LANDSCAPE PRINT SVCS -COMM SVCS 1385538 L. 11/6/2008 42210 EXCEL LANDSCAPE ADDL MAINT-DIST 38 1385538 324.81 11/6/2008 DAY & NITE COPY CENTER PRINT SVCS -COMM SVCS 11/6/2008 82657 DELTA CARE USA NOV 08 -DENTAL PREMIUMS $396.08 001 21104 396.08 11/6/2008 82658 CAROL DENNIS PROF.SVCS-P&R MTG 0015310 $225.00 44000 100.00 11/6/2008 CAROL DENNIS PROF.SVCS-PLNG 10/14 0015210 44000 125.00 11/6/2008 82659 DH MAINTENANCE ANITORIAL SVCS -DBC OCT [JANITORIAL 0015333 $12,986.00 45300 12,250.83 11/6/2008 DH MAINTENANCE SVCS -PARKS 0015340 42210 735.17 11/6/2008 82660 DIAMOND BAR INTERNATIONAL DELI MTG SUPPLIES -COMM SVCS 0015350 41200 11/6/2008 DIAMOND BAR INTERNATIONAL DELI MTG SUPPLIES -COMM SVCS 0015350 41200 85.00 $281.00 11/6/2008 DIAMOND BAR INTERNATIONAL DELI MTG SUPPLIES -GENERAL 0014090 42325 6.00 190.00 11/6/2008 82661 DMS CONSULTANTS CIVIL ENGINEERS INC ST IMP -GRAND PHASE III 2505510 R46411 23,035.00 $23,035.00 11/6/2008 82662 EMPLOYMENT DEVELOPMENT DEPARTMENT UNEMPLYMNT CHRG-JUL-SEPT 0014090 40093 4,874.00 $4,874.00 11/6/2008 82663 NATALIE ENEIM FACILITY REFUND -HERITAGE 001 23002 50.00 $50.00 0015350 42110 54.13 $202.97 0015350 42110 148.84 EVERGREEN INTERIORS 11/6/2008 82664 EVERGREEN INTERIORS PLANT MAINT-CITY HALL 0014090 11/6/2008 EVERGREEN INTERIORS PLANT MAINT-DB LIBRARY 0014090 11/6/2008 135.00 EVERGREEN INTERIORS PLANT SVCS -DBC OCT 08 0015333 11/6/2008 EVERGREEN INTERIORS PLANT SVCS-HERITATGE 0015340 11/6/2008 82665 EXCEL LANDSCAPE ADDL MAINT-DIST 38 1385538 11/6/2008 EXCEL LANDSCAPE ADDL MAINT-DIST 38 1385538 11/6/2008 135.00 EXCEL LANDSCAPE ADDL MAINT-DIST 39 1415541 11/612008 EXCEL LANDSCAPE ADDL MAINT-DIST 39 1395539 11/6/2008 471.10 EXCEL LANDSCAPE ADDL MAINT-DIST 38 1385538 L. 11/6/2008 42210 EXCEL LANDSCAPE ADDL MAINT-DIST 38 1385538 Page 7 42210 230.00 $649.00 42210 107.00 45300 177.00 45300 135.00 42210 167.38 $28,067.69 42210 149.12 42210 471.10 42210 120.40 42210 1,652.00 42210 324.81 City of Diamond Bar - Check Register 10/15/08 thru 10/29/08 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # 11/6/2008 82665... EXCEL LANDSCAPE LNDSCAPE MAINT-DIST 38 1385538 45500 11/6/2008 40.00 EXCEL LANDSCAPE LNDSCAPE MAINT-DIST 39 1395539 45500 11/6/2008 42210 EXCEL LANDSCAPE LNDSCAPE MAINT-DIST 41 1415541 45500 Amount Total Check Amount 9,428.06 $28,067.69... 11,610.95 45300 4,143.87 11/6/2008 11/6/2008 82666 EXTERIOR PRODUCTS INC BANNER -CRAFT FAIR 1 0015350 1 45300 1,064.20 $1,064.20 11/6/2008 82667 EXTERMINETICS OF SO CAL INC PEST CONTROL SVCS -DBC 0015333 45300 150.00 11/6/2008 11/6/2008 EXTERMINETICS OF SO CAL INC PEST CONTROL -DBC 0015333 45300 40.00 11/6/2008 425.21 EXTERMINETICS OF SO CAL INC PEST CONTROL SVCS-PTRSN 0015340 42210 50.00 $240.00 11/6/2008 82668 FLINT TRADING INC IST SIGNS -ROAD MAINT 0015554 41250 820.241 $820.24 11/6/2008 82669 VALERIE FLORES FACILITY REFUND-REAGAN 001 23002 50.001-$50.00 425.21 11/6/2008 11/6/2008 GRAYBAR GFB FRIEDRICH & ASSOCIATES INC. PROF.SVCS-DIST 38 1385538 44000 R44000 158.34 108.54 11/6/2008 82670 IFRAN TONE INC CATERING -SR DANCE 0015350 45300 191.88 $191.88 11/6/2008 GFB FRIEDRICH & ASSOCIATES INC. PROF.SVCS-LLADS 0015510 R45221 1,600.00 11/6/2008 82671 GASSER OLDS CO INC BRONZE PLAQUE -COMM SVCS 1 0015340 1 42210 35.00 $35.00 11/6/2008 11/6/2008 82672 GFB FRIEDRICH & ASSOCIATES INC. GFB FRIEDRICH & ASSOCIATES INC. PROF.SVCS-DIST 39 PROF.SVCS-DIST 41 1395539 44000 100.00 425.21 $2,875.63 11/6/2008 FACILITY REFUND -DBC GFB FRIEDRICH & ASSOCIATES INC. PROF.SVCS-DIST 41 1415541 1415541 44000 425.21 11/6/2008 11/6/2008 GRAYBAR GFB FRIEDRICH & ASSOCIATES INC. PROF.SVCS-DIST 38 1385538 44000 R44000 158.34 108.54 817.061 11/6/2008 GFB FRIEDRICH & ASSOCIATES INC. PROF.SVCS-DIST 39 1395539 R44000 158.33 11/6/2008 GFB FRIEDRICH & ASSOCIATES INC. PROF.SVCS-LLADS 0015510 R45221 1,600.00 11/6/2008 82673 GRAFFITI CONTROL SYSTEMS GRAFFITI REMOVAL-SYC CYN 0015340 42210 100.00 /6/2008 E 425.00 $425.00 FACILITY REFUND -DBC 001 23002 500.00 /6/2008 11/6/2008 82674 GRAYBAR MAINT-PANTERA PARK 0015340 42210 1 817.061 $817.06 /6/2008 82675 KAMAL GUPTA FACILITY REFUND -DBC 001 23002 100.00 /6/2008 E KAMAL GUPTA FACILITY REFUND -DBC 001 23002 500.00 /6/2008 KAMAL GUPTA FACILITY REFUND -DBC 001 36615 -202.00 11/6/2008 11/6/2008 11/6/2008 82676 HALL & FOREMAN, INC. HALL & FOREMAN, INC. HALL &FOREMAN, INC. ADMIN FEE -EN 08-608 ADMIN FEE -EN 08-608 PROF.SVCS-EN 08-608 001 001 001 23012 34650 23012 941.47 -941.47 9,414.74 Page 8 $398.00 $9,414.74 City of Diamond Bar - Check Register 10/15/08 thru 10/29/08 Check Date Check Number Vendor Name Transaction Description 0015350 44100 45.00 $45.00 11/6/2008 82677 LEW HERNDON P & R COMM -10/23 11/6/2008 11/6/2008 11/6/2008 82678 HOME DEPOT CREDIT SERVICES HOME DEPOT CREDIT SERVICES HOME DEPOT CREDIT SERVICES SUPPLIES -RECREATION SUPPLIES -RECREATION SUPPLIES -PARKS 0015350 0015350 0015340 41200 41200 42210 420.19 171.04 21.27 $612.50 11/6/2008 82679 INLAND VALLEY DAILY BULLETIN LEGAL AD-CDBG APPLICATION 1255215 42115 241.25 $241.25 11/6/2008 82680 KIDS CAN DO GYMNASTICS CONTRACT CLASS -FALL 0015350 45320 528.00 $528.00 11/6/2008 82681 YOUNG SEUNG KIM CONTRACT CLASS -FALL 0015350 $144.00 45320 144.00 11/6/2008 82682 LA DATA SECURITY DATA STORAGE SVCS -OCT 0014070 45000 600.00 $600.00 11/6/2008 82683 LA PUENTE PAINT & BODY VEH MAINT-COMM SVCS 0015350 $447,20 42200 447.20 11/6/2008 82684 LAUREN M HIDALGO REIMS-3CMA CONF 0014095 42330 166.25 $166.25 11/6/2008 82685 LEWIS ENGRAVING INC. ENGRAVING SVCS -TILES 0014090 $19.49 42113 19.49 11/6/2008 82686 BLANCA LICON FACILITY REFUND-REAGAN 001 $50.00 23002 50.00 11/6/2008 82687 DORA LONYAI CONTRACT CLASS -FALL 0015350 $356.40 45320 356.40 11/6/2008 82688 RUTH LU FACILITY REFUND-REAGAN 001 $50.00 23002 50.00 11/6/2008 82689 CLAUDIA LUDWIG FACILITY REFUND -HERITAGE $50.00 001 23002 50.00 11/6/2008 82690 MCE CORPORATION VEGETATION CONTRL-SEPT 0015558 $7,226.65 45508 7,226.65 11/6/2008 82691 LAURI MCINTOSH FACILITY REFUND-PANTERA 001 $50.00 23002 50.00 11/6/2008 82692 MERCURY DISPOSAL SYSTEMS INC RECYCLING FEES -OCT 08 1155516 $147.18 41200 147.18 11/6/2008 82693 MOBILE INDUSTRIAL SUPPLY INCORP SUPPLIES -DBC 0015333 $8.00 41200 8.00 11/6/2008 82694 MOBILE RELAY ASSOCIATES INC REPEATER SVCS-EOC 0014440 $78.75 42130 78.75 Page 9 Fund/ Dept Acct # Amount Total Check Amount 0015350 44100 45.00 $45.00 City of Diamond Bar - Check Register 10/15/08 thru 10/29/08 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 11/6/2008 82695 MONICA MORALES FACILITY REFUND-SYC CYN 001 23002 100.00 $120.00 11/6/2008 MONICA MORALES FACILITY REFUND-SYC CYN 001 36625 2000. 11/6/2008 82698 TED OWENS IP & R COMM -10/23 0015350 144100 45.00 $45.00 11/6/2008 82699 PAETEC COMMUNICATIONS INC. LONG DIST PH CHARGES 0014090 42125 805.601 $805.60 11/6/2008 82700 IPASCO MAINT-DBC 0015333 42210 1,055.23 $1,055.23 11/6/2008 11/6/2008 11/6/2008 11/6/2008 11/6/2008 11/6/2008 11/6/2008 82701 PRINCE SHANT CORP PRINCE SHANT CORP PRINCE SHANT CORP PRINCE SHANT CORP PRINCE SHANT CORP PRINCE SHANT CORP PRINCE SHANT CORP FUEL-NGHBRHD IMP FUEL -ROAD MAINT FUEL -COMM SVCS FUEL-NGHBRHD IMP FUEL -ROAD MAINT FUEL -COMM SVCS FUEL -GENERAL 0015230 0015554 0015310 0015230 0015554 0015310 0014090 42310 42310 42310 42310 42310 42310 42310 555.04 800.12 582.43 153.48 717.03 1,031.99 104.68 $3,944.77 L 11/6/2008 I 82702 IPRIORITY MAILING SYSTEMS INC SUPPLIES -STAMP MACHINE 1 0014090 1 41200 217.841 $21 T94 11/6/2008 1 82705 REGIONAL CHAMBER OF COMMERCE MTG-CMGR1 0014030 1 42325 1 35.001 $35.00 Page 10 City of Diamond Bar - Check Register 10/15/08 thru 10/29/08 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 11/6/2008 82 001 706 CELINA REORIZO FACILITY REFUND-REAGAN 23002 $50.00 11/6/2008 82707 REPUB 0015554 11/6/2008 82708 RJM DESIGN GROUP INC CONSTRUCTION SVCS-PANTERA 2505310 R46415 575.00 $575.00 11/6/2008 82709 SAFEWAY SIGN COMPANY SIGNS -ROAD MAINT 0015554 41250 6,726.49 $6,726.49 1116/2008 82710 SAN GABRIEL VALLEY CITY MGR ASSC MTG-CMGR 0014030 42325 30.00 $30.00 11/6/2008 82711 SASAKI TRANSPORTATION SVCS. PROF -SVCS -ENGINEERING 0015510 R44000 16,331.70 $16,331.70 11/6/2008 82712 SPORT PINS INTERNATIONAL INC SUPPLIES -RECREATION 0015350 41200 315.26 $315.26 11/6/2008 82713 STEVE M TYE REIMB-CCCA CONF 0014010 42330 263.84 $263.84 11/612008 82714 STREET TREE SEMINAR INC MEMBERSHIP DUES -ROSE 0015310 42315 30.00 $30.00 11/6/2008 82715 THE COMDYN GROUP INC CONSULTING SVCS -WK 10/17 0014070 44000 1,462.50 $3,428.10 11 /6!2008 THE COMDYN GROUP INC CONSULTING SVCS -WK 10/24 0014070 44000 1,965.60 11/6/2008 82716 TIME WARNER MODEM SVCS -COUNCIL 0014010 42130 44.95 $44.95 11/6/2008 82717 TIME WARNER INTERNET SVCS -HERITAGE 0015340 42126 116.01 $116.01 11/6/2008 82718 TRANSCORE LLC TRFFC MANAGEMENT-P/WKS 2505510 R46412 219.39 $219.39 11/6/2008 82719 UNITED PARCEL SERVICE POSTAGE -GENERAL 0014090 42120 11.05 $11.05 11/6/2008 82720 UNITED PUMPING SERVICE INC EMERGENCY CLEAN UP-B/CYN 0015510 44240 5,089.75 $5,089.75 11/6/2008 82721 US POSTMASTER POSTAGE -CITY NEWS/REC 0014095 42120 18,000.00 $18,000.00 11/6/2008 82722 VALLEY CREST LANDSCAPE MAINT INC LANDSCAPE MAINT-PARKS 0015333 45300 5,645.47 11/6/ 45507 LIC ELECTRIC $2,755.59 TRFFC SIGNAL MAINT-OCT 08 11/6/2008 227.11 REPUBLIC ELECTRIC TRFFC SIGNAL MAINT-OCT 08 11/6/2008 REPUBLIC ELECTRIC TRFFC SIGNAL MAINT-OCT 08 0015554 11/6/2008 82708 RJM DESIGN GROUP INC CONSTRUCTION SVCS-PANTERA 2505310 R46415 575.00 $575.00 11/6/2008 82709 SAFEWAY SIGN COMPANY SIGNS -ROAD MAINT 0015554 41250 6,726.49 $6,726.49 1116/2008 82710 SAN GABRIEL VALLEY CITY MGR ASSC MTG-CMGR 0014030 42325 30.00 $30.00 11/6/2008 82711 SASAKI TRANSPORTATION SVCS. PROF -SVCS -ENGINEERING 0015510 R44000 16,331.70 $16,331.70 11/6/2008 82712 SPORT PINS INTERNATIONAL INC SUPPLIES -RECREATION 0015350 41200 315.26 $315.26 11/6/2008 82713 STEVE M TYE REIMB-CCCA CONF 0014010 42330 263.84 $263.84 11/612008 82714 STREET TREE SEMINAR INC MEMBERSHIP DUES -ROSE 0015310 42315 30.00 $30.00 11/6/2008 82715 THE COMDYN GROUP INC CONSULTING SVCS -WK 10/17 0014070 44000 1,462.50 $3,428.10 11 /6!2008 THE COMDYN GROUP INC CONSULTING SVCS -WK 10/24 0014070 44000 1,965.60 11/6/2008 82716 TIME WARNER MODEM SVCS -COUNCIL 0014010 42130 44.95 $44.95 11/6/2008 82717 TIME WARNER INTERNET SVCS -HERITAGE 0015340 42126 116.01 $116.01 11/6/2008 82718 TRANSCORE LLC TRFFC MANAGEMENT-P/WKS 2505510 R46412 219.39 $219.39 11/6/2008 82719 UNITED PARCEL SERVICE POSTAGE -GENERAL 0014090 42120 11.05 $11.05 11/6/2008 82720 UNITED PUMPING SERVICE INC EMERGENCY CLEAN UP-B/CYN 0015510 44240 5,089.75 $5,089.75 11/6/2008 82721 US POSTMASTER POSTAGE -CITY NEWS/REC 0014095 42120 18,000.00 $18,000.00 11/6/2008 82722 VALLEY CREST LANDSCAPE MAINT INC LANDSCAPE MAINT-PARKS 0015333 45300 5,645.47 11/6/ 45507 295.64 $2,755.59 0015554 45507 227.11 50.00 0015554 11/6/2008 82708 RJM DESIGN GROUP INC CONSTRUCTION SVCS-PANTERA 2505310 R46415 575.00 $575.00 11/6/2008 82709 SAFEWAY SIGN COMPANY SIGNS -ROAD MAINT 0015554 41250 6,726.49 $6,726.49 1116/2008 82710 SAN GABRIEL VALLEY CITY MGR ASSC MTG-CMGR 0014030 42325 30.00 $30.00 11/6/2008 82711 SASAKI TRANSPORTATION SVCS. PROF -SVCS -ENGINEERING 0015510 R44000 16,331.70 $16,331.70 11/6/2008 82712 SPORT PINS INTERNATIONAL INC SUPPLIES -RECREATION 0015350 41200 315.26 $315.26 11/6/2008 82713 STEVE M TYE REIMB-CCCA CONF 0014010 42330 263.84 $263.84 11/612008 82714 STREET TREE SEMINAR INC MEMBERSHIP DUES -ROSE 0015310 42315 30.00 $30.00 11/6/2008 82715 THE COMDYN GROUP INC CONSULTING SVCS -WK 10/17 0014070 44000 1,462.50 $3,428.10 11 /6!2008 THE COMDYN GROUP INC CONSULTING SVCS -WK 10/24 0014070 44000 1,965.60 11/6/2008 82716 TIME WARNER MODEM SVCS -COUNCIL 0014010 42130 44.95 $44.95 11/6/2008 82717 TIME WARNER INTERNET SVCS -HERITAGE 0015340 42126 116.01 $116.01 11/6/2008 82718 TRANSCORE LLC TRFFC MANAGEMENT-P/WKS 2505510 R46412 219.39 $219.39 11/6/2008 82719 UNITED PARCEL SERVICE POSTAGE -GENERAL 0014090 42120 11.05 $11.05 11/6/2008 82720 UNITED PUMPING SERVICE INC EMERGENCY CLEAN UP-B/CYN 0015510 44240 5,089.75 $5,089.75 11/6/2008 82721 US POSTMASTER POSTAGE -CITY NEWS/REC 0014095 42120 18,000.00 $18,000.00 11/6/2008 82722 VALLEY CREST LANDSCAPE MAINT INC LANDSCAPE MAINT-PARKS 0015333 45300 5,645.47 11/6/ 45507 295.64 $2,755.59 0015554 45507 227.11 0015554 45507 2,232.84 Page 11 2008 VALLEY CREST LANDSCAPE MAINT INC LANDSCAPE MAINT_f1RC nn,coen $30,695.35 .��.... ,.. ,._. .. Page 11 City of Diamond Bar - Check Register 10/15/08 thru 10/29/08 Check Date Check Number Vendor Name Transaction Description Fund/ Dept I Acct # Amount Total Check Amount 11/6/2008 11/6/2008 11/6/2008 82722... VALLEY CREST LANDSCAPE MAINT INC VALLEY CREST LANDSCAPE MAINT INC VALLEY CREST LANDSCAPE MAINT INC ADDL MAINT-SYC CYN PK ADDL MAINT-MAPLE HILL ADDL MAINT-PETERSON 0015340 0015340 0015340 42210 42210 42210 2,363.00 250.90 87.94 87.94 87.94 135.69 108.83 201.25 $30,695.35., 11/6/2008 11/6/2008 11/6/2008 11/6/2008 82723 VERIZON CALIFORNIA VERIZON CALIFORNIA VERIZON CALIFORNIA VERIZON CALIFORNIA PH.SVCS-DBC PH.SVCS-DBC PH -SVCS -MAPLE HILL PH.SVCS-PETERSON 0015333 0015333 0015340 0015340 42125 42125 42125 42125 2,363.00 250.90 87.94 87.94 87.94 $514.72 11/6/2008 82724 SELINA VILLANUEVA FACILITY REFUND-PANTERA 001 23002 50.00 $50.00 11/6/2008 82725 WARREN SIECKE TRFFC ENGINEERING -SEPT 08 2505510 R46412 2,363.00 11/6/2008 WARREN SIECKE TRFFC ENGINEERING -JULY 08 0015510 45221 562.50 11/6/2008 WARREN SIECKE TRFFC ENGINEERING -AUG 0015510 45221 1,050.00 11/6/2008 WARREN SIECKE TRFFC ENGINEERING -SEPT 0015510 45221 427.50 11/6/2008 1 82726 IWAXIE SANITARY SUPPLY SUPPLIES -DBC 0015333 1 41200 1,169.20 11/6/2008 WAXIE SANITARY SUPPLY SUPPLIES -HERITAGE 0015340 42210 253.86 $4,403.00 $1,423.06 11/6/2008 T 82727 ICORRINE ZEPEDA FACILITY REFUND -PETERSON 001 1 23002 50.00 $50.00 $2,004,432.55 Page 12 Agenda # 6.3 Meeting Date: 11/18/08 CITY COUNCIL' TO: Honorable Mayor and Members of the City Council FROM: James DeStefano, City Man gg TITLE: ACCEPTANCE OF WORK PERFORMED BY TWO HORSE CONSTRUCTION FOR THE CONSTRUCTION OF THE V -DITCH ON GOLD RUSH EAST OF DIAMOND BAR BLVD; DIRECTION TO THE CITY CLERK TO FILE THE PROPER NOTICE OF COMPLETION AND TO RELEASE THE RETENTION THIRTY-FIVE DAYS AFTER THE RECORDATION DATE. RECOMMENDATION: Accept the work performed by Two Horse Construction; direct the City Clerk to file the Notice of Completion; and authorize the release of the retention. FINANCIAL IMPACT: There is $180,000 appropriated for this project. Total cost to complete the project is $107,304.06. Following is the breakdown of project costs: Project Costs Construction Contractor (Includes Change Order #1) $ 65,286.92 Design & Construction Management $ 35,829.00 Plans & Specs Photocopies and Bid Release Ads $ 573.14 Inspection & Plan Check $ 5.615.00 TOTAL $ 107, 304.06 Funds appropriated for this project: $ 180,000.00 BACKGROUND: The City Council awarded a contract in the amount of $62,500 to Two Horse Construction on June 17, 2008 to construct a V -Ditch at Gold Rush east of Diamond Bar Blvd. Change Order #1 in the amount of $2,786.92 was approved by staff to add the following scope of work to the contract: Change Order #1 1. Install an additional 40 linear feet of V -Ditch at a cost of $40 per linear foot. $2,214.93 2. Credit for deletion of turf installation along parkway. (1,028.01) 3. Reconfigure irrigation system on slope per Landscape Architect $1,600.00 design changes. Total: $2,786.92 Total cost of the project, including Change Order #1 is $65,286.92. The work was substantially completed on October 24, 2008 and is now ready to be accepted. DISCUSSION: The purpose of this project was to construct a V -Ditch on the slope above Gold Rush east of Diamond Bar Blvd to collect rain water during storms to protect the slope. During the heavy rains of 2005, a portion of this slope sloughed off and covered Gold Rush with about 6 inches of mud. Geotechnical evaluation of the slope determined that construction of a V -Ditch should prevent this from happening again. The construction of such a V -Ditch has been completed, as recommended by the geotechnical evaluation. PREP R ND REVIEWED BY: i B O Director of Community Services Attachments: Notice of Completion REVIEWED BY: r Linda Magnu o Director of Finance RECORDING REQUESTED BY AND WHEN RECORDED 'MAIL TO CITY OF DIAMOND BAR 21825 COPLEY DRIVE DIAMOND BAR CA 91765 ATTENTION: CITY CLERK NOTICE OF COMPLETION Notice pursuant to Civil Code Section 3093, must be filed within 10 days after completion. Notice is hereby given that: 1. The undersigned is the owner or corporate officer of the owner of the interest or estate stated below in the proper , hereinafter described: 2. The full name of the owner is _ City of Diamond Bar 3. The full address of the owner is _ 21825 Coplev Drive Diamond Bar CA 91765 4. The nature of the interest or estate of the owner is: "Lessee" (If ottta than fec, strike "In fee" and insert. for example, "purchaser, under contract of purchase,^ or "lessee'') 5. The full names and full addresses of all persons, if any. who hold title with the undersigned as joint tenants or as tenants in common are: NAMES ADDRESSES 6. A work of improvement on the property hereinafter described was completed on October 24 2008 . The work done was: V -Ditch Construction on Gold Rush East of Diamond Bar -Blvd. 7. The name of the contractor, if any, for such work of improvement was Two Horse Construction (If no contractor for work of improvement as a whole. insert `none') (Date of Contract) 8. The property on which said work of improvement was completed is in the City of Diamond Bar, County cf Los Angeles, State of California, and is described as follows Gold Rush East of Diamond Bar Blvd in Diamond Bar CA 91765 9. The street address of said propert) is None (if no street adcress has heen officially assigned, inert "none' j CITY OF DIAMOND BAR Dated: Verification for individual Owner Si arnature of omner or corporate officer of owner named in paragraph 2 pr his agent VERIFICATION 1; the undersigned, say: I am the City Manager he declarant of the foregoing ("resident of', "Manager of,"A partner of` "Owner of` etc.) notice of completion; I have read said notice of completion and know the contests thereof, the same is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct. Executed on (Date ofsignature) 20 08 at Di_a gond Bar California. (City where signed) Personal signature of the individual who is swearing that the content; of the notice of completion are true) Agenda # 6. 4 Meeting Date: November 18, 2008 CITY COUNCIL AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Manager TITLE: Second Reading of Development Code Amendment No. 2008-01. Amendment to Table 2-6 of Section 22.10.030 of the Municipal Code to allow limited educational uses in the Regional Commercial (C-3) zone. RECOMMENDATION: It is recommended that the City Council approve the second reading by title only and adopt Ordinance No. XX (2008). FINANCIAL SUMMARY: The costs associated with the review of this application have been borne by the applicants BACKGROUND: On November 4, 2008, City Council conducted a public meeting for a first reading of Ordinance No. XX (2008) amending Section 22.10.030 of the Diamond Bar Development Code. Staff provided Council with an Ordinance making determinations that the adoption of the proposed Development Code Amendment would allow for limited educational uses as primary uses on the upper floors of buildings on C-3 zoned properties, and as ancillary uses to permitted businesses on the first story of these buildings. The Council approved the first reading by a 5-0 vote. NOTICE OF PUBLIC HEARING: In accordance to government code, a public hearing notice was published in the Inland Valley Daily Bulletin and San Gabriel Valley Tribune 10 days prior to the first reading of the ordinance. PREPARED BY: ?Katherine Lauf Senior Planner REVIEWED BY: David Doyle, Assistant City M ager Attachments: 1. November 4, 2008, Staff Report 2. Ordinance No. XX (2008) 2 Greg Gubman, AICP Acting Director of Community F:WII Statf\CCSTAFF\DCA 2008-01 CC report 2nd reading 11-18-08.doc Agenda # 6.5 Meeting Date: November 18, 2008 CITY COUNCIL /> i ' �u9� AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Manager TITLE: APPROVAL OF RIGHT-OF-WAY USE AGREEMENT WITH NEXTG NETWORKS, INC. TO INSTALL WIRELESS COMMUNICATIONS EQUIPMENT ON THREE CITY OWNED TRAFFIC SIGNALS OR STREET LIGHTS RECOMMENDATION: Approve. FISCAL IMPACT: Minimal staff time and legal fees incurred to prepare the agreement draft. In addition to one time Planning application review fees of approximately $2000, the City will receive $5,000 in annual revenue for ten (10) years, an option to extend the agreement an additional five (5) years, and CPI adjustments every five (5) years the agreement is in effect. BACKGROUND: NextG Networks, Inc. (NextG) provides services to cellular phone companies to enhance service areas with limited coverage. To do so, NextG deploys micro wireless antennas that serve as repeater stations in locations with poor cellular coverage. Additionally, each wireless antenna can be utilized by up to two cellular providers. Unlike the large wireless antenna towers and structures recently installed by wireless providers at Summitridge and Pantera Parks, the technology consists of a very small antenna system attached to traffic signals and street light poles. These systems are small enough to have little to no aesthetic impact on the poles and can accommodate two wireless providers. NextG has approached the City with a proposal to place a total of seven (7) of these devices at the following locations in Diamond Bar: 1. Utility pole adjacent to 2404 S. Diamond Bar Boulevard 2. Utility pole adjacent to 2116 S. Diamond Bar Boulevard 3. Utility pole across from 1627 Diamond Bar Boulevard 4. City owned traffic signal adjacent to 881 S. Diamond Bar Boulevard 5. City owned traffic signal adjacent to 1175 Grand Avenue 6. City owned traffic signal adjacent to 1600 Grand Avenue 7. Utility pole Across from 350 Diamond Bar Boulevard NextG will pay the City a $500 annual fee for each of these seven locations, City owned or otherwise. NextG will also pay an additional $500 annual fee for each of the three City -owned locations. Total combined annual revenue from these two fees is $5,000. Additionally, the difference in annual revenue from NextG and the City's leased cellular sites is due to NextG's equipment's small size and attachment to existing infrastructure, whereas the cellular sites require land for independent poles and equipment. The City Attorney's Office has reviewed and approved the attached agreement. Under the terms of the agreement, NextG equipment will only be attached to existing City or third party owned street signals or utility poles in the public right of way. In exchange for access to the City's infrastructure, NextG will provide the City access to two strands of fiber that may be used for noncommercial purposes such as a data network, communications system, or Wi-Fi network. Prior to commencing construction, NextG must obtain required permits from Public Works, including but not limited to encroachment permits and traffic control plans. NextG must also maintain general liability and automobile insurance in the amount of two million dollars, and performance bonds in the amount of $2,500 per device to ensure its obligations under this agreement are fulfilled. The agreement will be in effect for a period of ten (10) years, with an option for an additional five (5) years. The annual fees paid to the City will also include CPI adjustments every five years the agreement is in effect. The agreement can only be amended by both parties, and may be terminated at any time should there be a breach of contract or monetary default. Upon approval by the Council, the agreement will be forwarded to the appropriate representatives for signature. Once the agreements are executed by both parties, the Community Development Department will process Plot Plans 2008-38 through 2008-44 and Public Works will review encroachment and other related right of way permit applications. Prepared by: Anthony Santars Management Analyst Attachment: 1. Right -of -Way Use Agreement Draft. 2. Illustrations and photographs of NextG Equipment. Revie David Doyle Assistant City Manager CITY OF DIAMOND BAR RIGHT-OF-WAY USE AGREEMENT THIS RIGHT-OF-WAY USE AGREEMENT ( "Agreement") is entered into on , 2008 ("Effective Date"), by the CITY OF DIAMOND BAR, a California municipal corporation ("City"), and NEXTG NETWORKS OF CALIFORNIA, INC., a Delaware corporation ("NextG"). RECITALS A. NextG owns, maintains, operates and controls, in accordance with regulations promulgated by the Federal Communications Commission and the California Public Utilities Commission, a fiber -based telecommunications Network (as defined in Section 1.9 below) serving NextG's wireless carrier customers and using microcellular optical repeater Equipment (as defined in Section 1.4 below) certified by the Federal Communications Commission. B. NextG holds a valid and unrevoked certificate of public convenience and necessity that was issued by the California Public Utilities Commission in its Decision No. 03- 01-061 that became effective on January 30, 2003. That certificate recites NextG's representation that "it will not be constructing any facilities other than equipment to be installed in or on existing buildings or structures, for the purpose of providing interexchange or local exchange services." C. For the purpose of operating the Network and improving wireless coverage and capacity in the City, NextG wishes to locate, place, attach, install, operate, control, and maintain Equipment in the Public Way (as defined in Section LI I below) on facilities owned by the City and by third parties. D. The Public Ways within the City are used by and useful to private enterprises engaged in providing telecommunications services to residents, institutions, and businesses located in the City. E. The right to occupy portions of the Public Ways upon City -owned infrastructure for limited times, for the business of providing telecommunications services, is a valuable economic privilege, the economic benefit of which should be shared with all taxpayers of the City. F. Beneficial competition between providers of communications services can be furthered by the City's provision of grants of location and rights to use the Public Ways on nondiscriminatory and competitively neutral terms and conditions. G. NextG is willing to compensate the City in exchange for a grant of location and the right to use and physically occupy portions of the Public Way. CITY OF DIAMOND BAR DRAFT 11/04/08 AGREEMENT For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree to the following covenants, terms, and conditions: 1. DEFINITIONS. The following definitions apply generally to the provisions of this Agreement: 1.1 "Adjusted Gross Revenues" means the gross dollar amount received by NextG for its Services (as defined in Section 1.13 below) provided to wireless carrier customers, which Services are attributable to Equipment located within the City, excluding (i) the Right -of - Way Use Fee, if any, payable pursuant to Section 4.2 et seq. below and any utility users tax, communications tax, or similar tax or fee paid to City; (ii) local, state, or federal taxes that have been billed to the customers and separately stated on customers' bills; and (iii) revenue uncollectible from customers (i.e., bad debts) for Services provided in the City, which revenue was previously included in Gross Revenues. 1.2 "City" means the City of Diamond Bar, California. 1.3 "Decorative Streetlight Pole" means any streetlight pole that incorporates artistic design elements not typically found in standard steel or aluminum streetlight poles, and that does not have a mast arm for electrolier support. 1.4 "Equipment" means the optical repeaters, DWDM and CWDM multiplexers, antennas, fiber optic cables, wires, and related equipment, whether referred to singly or collectively, to be installed and operated by NextG. Examples of typical Equipment types and installation configurations that have been pre -approved by the City are shown in the drawings and photographs attached as Exhibit A and incorporated by this reference. Any Equipment type and installation configuration not contained in Exhibit A must receive prior written approval from the City before it may be installed on any Municipal Facility or placed on or in the Public Way. 1.5 "Fee" means any assessment, license, charge, fee, imposition, tax, or levy of general application upon entities doing business in the City lawfully imposed by any governmental body (but excluding any utility users tax, franchise fees, communications tax, or similar tax or fee). 1.6 "Installation Date" means the date that any Equipment is first installed by NextG pursuant to this Agreement and is inspected and approved by City in accordance with its customary permitting procedures. 1.7 "Laws" means statutes, constitutions, ordinances, resolutions, regulations, judicial decisions, rules, tariffs, administrative orders, certificates, orders, or other requirements of the City or other governmental agency having joint or several jurisdiction over the parties to this Agreement. 2 CITY OF DIAMOND BAR DRAFT 11/04/08 1.8 "Municipal Facilities" means City -owned streetlight poles, decorative streetlight poles, traffic light poles, lighting fixtures, electroliers, fiber-optic strands and conduit, or other City -owned structures located within the Public Way. These facilities may be referred to in the singular or plural, as appropriate to the context in which used. 1.9 "Network" or collectively "Networks" means one or more of the neutral - host, protocol -agnostic, fiber -based optical repeater networks operated by NextG to serve its wireless carrier customers in the City. 1.10 "NextG" means NextG Networks of California, Inc., a corporation duly organized and existing under the laws of the State of Delaware, and its lawful successors, assigns, and transferees. 1.11 "Public Way" or "Public Rights -of -Way" means the space in, upon, above, along, across, and over the public streets, roads, lanes, courts, ways, alleys, boulevards, sidewalks, bicycle lanes, and places, including all public utility easements and public service easements as the same now or may hereafter exist, that are under the jurisdiction of the City. This term does not include county, state, or federal rights-of-way or any property owned by any person or entity other than the City, except as provided by applicable laws or pursuant to an agreement between the City and any such person or entity. 1.12 "PUC" means the California Public Utilities Commission. 1.13 "Services" means the radio frequency ("RF") transport telecommunications services provided through the Network by NextG to its wireless carrier customers pursuant to one or more tariffs filed with and regulated by the PUC. 1.14 "Streetlight Pole" means any standard -design concrete, fiberglass, metal, or wooden pole that has a mast arm for electrolier or traffic control equipment support and is used for streetlighting purposes. 2. TERM. This Agreement is effective on the Effective Date as specified in Section 12.11 and will be for a term of ten (10) years commencing on the Installation Date, unless earlier terminated by either party in accordance with the provisions of Section 10. Within six months prior to the expiration of the initial 10 -year term, and upon NextG's written request, the parties will meet and confer with regard to a five-year renewal or extension of this Agreement, and the terms and conditions applicable to any such renewal or extension. 3. SCOPE OF USE AGREEMENT. All rights expressly granted to NextG under this Agreement, which will be exercised at NextG's sole cost and expense, are subject to the prior and continuing right of the City under applicable laws to use all parts of the Public Way exclusively or concurrently with any other person or entity and are further subject to all deeds, easements, dedications, conditions, covenants, restrictions, encumbrances, and claims of title of record that may affect the Public Way. Nothing in this Agreement may be deemed to grant, convey, create, or vest in NextG a real property interest in land, including any fee, leasehold interest, or easement. All work performed pursuant to the rights granted by this Agreement is CITY OF DIAMOND BAR DRAFT 11/04/08 subject to the prior review and approval of the City in accordance with its customary permitting procedures. 3.1 Attachment to Municipal Facilities. The City authorizes NextG to enter upon the Public Way and to locate, place, attach, install, operate, maintain, control, remove, reattach, reinstall, relocate, and replace Equipment in or on Municipal Facilities for the purposes of operating the Network and providing Services. The equipment must have an independent source of electricity and may not draw electricity from the power associated with the municipal facility to which it is attached. A denial of an application for the attachment of Equipment to Municipal Facilities shall not be based upon the size, quantity, shape, color, weight, configuration, or other physical properties of NextG's Equipment if the Equipment identified in that application substantially conforms to one of the approved configurations and the Equipment specifications set forth in Exhibit A. Notwithstanding anything to the contrary herein, attachment to Decorative Streetlight Poles is discretionary and subject to the City's reasonable approval in each instance. In addition, City may authorize NextG to use City -owned conduit for the purposes of operating the Network and providing Services, if such conduit becomes available and such use is authorized by NextG's certificate of public convenience and necessity. 3.2 Attachment to Third -Party Property. Subject to obtaining written permission from the owner of the affected property, City authorizes NextG to enter upon the Public Way and to attach, install, operate, maintain, remove, reattach, reinstall, relocate, and replace such items of Equipment in or on poles or other structures owned by public utility companies or other property owners located within the Public Way as may be permitted by the public utility company or property owner. NextG must furnish to the City documentation of that permission from the individual utility or property owner. The denial of an application for the attachment of Equipment to third -party -owned poles or structures in the Public Way will not be based upon the size, quantity, shape, color, weight, configuration, or other physical properties of NextG's Equipment if the Equipment identified in that application substantially conforms to one of the pre -approved configurations and the Equipment specifications set forth in Exhibit A. 3.3 Preference for Municipal Facilities. In any circumstances where NextG has a choice of attaching its Equipment to either Municipal Facilities or to third -party -owned property in the Public Way, NextG agrees to attach to the Municipal Facilities, provided that (i) those Municipal Facilities are at least equally suitable functionally for the operation of the Network, and (ii) the rental fee and installation costs associated with that attachment over the length of the term are equal to or less than the fee or cost to NextG of attaching to the alternative third -party -owned property. 3.4 No Interference. In the performance and exercise of its rights and obligations under this Agreement, NextG must not interfere in any manner with the existence and operation of any public or private rights-of-way, sanitary sewers, water mains, storm drains, gas mains, poles, aerial and underground electrical and telephone wires, electroliers, cable television and telecommunications facilities, utilities, licensed municipal communication frequencies, or municipal property, without the express written approval of the owner or owners of the affected property or properties, except as authorized by applicable laws or this Agreement. 4 CITY OF DIAMOND BAR DRAFT 11/04/08 In addition to any other remedies, and without limitation of any other remedy, City shall be entitled to seek temporary and permanent injunctions against the breach of this Subsection. 3.5 Compliance with Laws. NextG will comply with all applicable laws in the exercise of its rights and the performance of its obligations under this Agreement. 3.6 No Authorization to Provide Other Services. NextG represents that its Equipment installed pursuant to this Agreement will be used solely for the purpose of providing the Services identified herein and that NextG will not use its Equipment to offer or provide any other services except for those services referenced in Subsection 4.5. NextG's failure to comply with these limitations will constitute a material breach of this Agreement and City, after providing written notice to NextG, may levy monetary penalties in an amount not to exceed $1,000 per day from the date of noncompliance until the breach is cured. 3.7 Erection of Poles Prohibited. NextG may only erect poles on or along any street or public way where there is an existing aerial utility system. NextG shall make reasonable efforts to obtain permission from existing pole owners for placement of NextG facilities on the existing poles. If NextG is unable to obtain such permission from the pole owners, prior to placement or construction of new poles and facilities, NextG shall obtain all necessary encroachment permits from the City, in accordance with Section 5 of this Agreement, for placement of NextG's facilities in the Public Rights -of -Way. 4. COMPENSATION; UTILITY CHARGES. NextG is solely responsible for the payment of all lawful fees in connection with NextG's performance under this Agreement, including those set forth below. 4.1 Annual Fee. In order to compensate City for NextG's entry upon and deployment within the Public Way, and as compensation for the use of Municipal Facilities, NextG will pay to the City an annual fee (collectively the "Aggregate Annual Fee") that consists of the following: (i) Compensation for Use of City Infrastructure. Licensee will compensate City for the use of City infrastructure a fee of Five Hundred Dollars ($500.00) per year (the "Infrastructure Use Fee") for each streetlight pole or comparable facility located within the City's Right -of -Way used by Licensee; and (ii) Right of Way Use Fee. In addition to the Infrastructure Use Fee, Licensee waives any claim that it is not obligated to pay for the use of the Right -of -Way and shall compensate City for such use by providing the City an annual fee of Five Hundred Dollars ($500.00) per Node per year for all Nodes (city -owned and third party). The Aggregate Annual Fee to be paid with respect to each year of the term will be an amount equal to (i) the number of Equipment installations made on Municipal Facilities, or that continue to remain on Municipal Facilities, during the preceding 12 months multiplied by the annual Pole Fee, prorated as appropriate; and (ii) the annual Conduit Fee multiplied by the number of City -owned conduit feet used by NextG during the preceding 12 months, prorated as appropriate. The Aggregate Annual Fee is due and payable not later than 45 days after each CITY OF DIAMOND BAR DRAFT 11/04/08 anniversary of the Installation Date. City represents that City owns all Municipal Facilities for the use of which it is collecting from NextG the Aggregate Annual Fee pursuant to this Section 4.1. 4.2 CPI Adjustment. Commencing on the fifth anniversary of the Installation Date and continuing on each fifth anniversary thereafter during the term, the fees for each component of the Aggregate Annual Fee for the ensuing five-year period will be adjusted by a percentage amount equal to the percentage change in the U.S. Department of Labor, Bureau of Labor Statistics Consumer Price Index (All Items, All Consumers, 1982 1984=100) that occurred during the previous five-year period for the Los Angeles -Riverside -Orange County Metropolitan Statistical Area. 4.3 Accounting Matters. NextG will maintain accurate books of account at its principal office in Milpitas, or another location of its choosing, for the purpose of determining the amounts due to City under Sections 4.1 and 4.2 above. City, or a consultant acting on behalf of City, may inspect NextG's books of account relative to City at any time during regular business hours on 10 business days' prior written notice and may audit the books from time to time, but in each case only to the extent necessary to confirm the accuracy of payments due under Sections 4.1 and 4.2 above. The City agrees to hold in confidence any non-public information it obtains from NextG to the maximum extent permitted by law. If the results of such audit indicate NextG underpaid the amounts due by more than two percent (2%), then NextG shall pay the reasonable, documented, third -party costs of the audit. 4.4 Services to City. NextG will at all times during the term of this Agreement reserve two wavelengths of capacity in the fiber owned or operated by NextG in the City for the City's exclusive use in operating a noncommercial, City -owned Wi-Fi network, or for any other City -operated noncommercial data network or communications system. 4.5 Electricity Charges. NextG is solely responsible for the payment to the utility service provider of all electrical utility charges that are attributable to the Equipment's usage of electricity. 4.6 Delinquent Payment. If NextG fails to pay any amounts due under this Section 4 within 30 days from the specified due date, NextG must pay, in addition to the unpaid fees, a sum of money equal to one percent (1 %) of the amount due for each month or fraction thereof during which the payment is due and unpaid. 4.7 "Most -Favored -Municipality" Status. The parties anticipate that, following the effective date of this Agreement, NextG will enter into similar right-of-way use agreements with other municipalities. If NextG enters into a similar agreement with another municipality in the Los Angeles Metropolitan Statistical Area, which municipality has a population that is the same or smaller than that of the City, then the parties will modify this Agreement if the following conditions are met: CITY OF DIAMOND BAR DRAFT 11/04/08 (i) The right-of-way use agreement confers financial benefits upon the municipality that, taken as a whole and balanced with other terms of that agreement, are deemed by the City to be substantially superior to the financial benefits provided for in this Agreement; and (ii) City notifies NextG of its desire to modify this Agreement to substitute the same or substantially similar financial benefits, and related terms and conditions, of that right-of-way use agreement in order to achieve parity. To the extent practicable, such modification will be retroactive to the effective date of the similar right-of-way use agreement with the comparable municipality. Concurrently with NextG's annual payment of the right-of-way use fee, NextG will provide to the City a list of right-of-way use agreements that have been executed with municipalities within the Los Angeles Metropolitan Statistical Area during the preceding 12 - month period. 5. CONSTRUCTION. NextG must comply with all applicable federal, state, and City technical specifications and requirements and all applicable state and local codes related to the construction, installation, operation, maintenance, and control of NextG's Equipment installed in the Public Way and on Municipal Facilities in the City. NextG may not attach, install, maintain, or operate any Equipment in or on the Public Way or on Municipal Facilities without the City's prior written approval for each location. 5.1 Obtaining Required Permits. If the attachment, installation, operation, maintenance, or location of the Equipment in the Public Way requires any permits, NextG must, if required under applicable City ordinances, apply for the appropriate permits and pay all required standard permit fees. City will process NextG's applications for permits and will otherwise cooperate with NextG in facilitating the deployment of the Network in the Public Way in a reasonable and timely manner. Next G is required to obtain all applicable permits prior to commencement of any work in the Public Right of Way. At a minimum, Next G shall apply for and pay for an encroachment permit from the City to perform work in the Public Right of Way. 5.2 Location of Equipment. The proposed locations of NextG's planned initial installation of Equipment will be provided to the City promptly after NextG's review of available street light maps and prior to any deployment of the Equipment. Prior to installation of the Equipment in the Public Way or upon any Municipal Facility, NextG must obtain the City's prior written approval. The City may approve or disapprove a location and installation, based upon reasonable regulatory factors, including but not limited to the location of other existing, or planned and approved but not yet constructed communications facilities, efficient use of scarce physical space to avoid premature exhaustion, potential interference with other communications facilities and services to the extent not preempted by federal law, and public safety considerations; provided however, that City's approval will not be unreasonably conditioned, delayed, or withheld. Upon the completion of each installation, NextG must promptly furnish to the City a current pole list and map that identifies the exact location of the Equipment in the Public Way. That information must be provided in a format that is compatible with City's information technology, including but not limited to ESRI compatible GIS shapefiles. CITY OF DIAMOND BAR DRAFT 11/04/08 5.3 Relocation and Displacement of Equipment. NextG acknowledges that City may require NextG to relocate one or more of its Equipment installations. NextG will at City's direction relocate that Equipment, at NextG's sole cost and expense, whenever City reasonably determines that the relocation is needed for any of the following purposes: (a) if required for the construction, completion, repair, relocation, or maintenance of a City project; (b) because the Equipment is interfering with or adversely affecting proper operation of City -owned light poles, traffic signals, or other Municipal Facilities; or (c) to protect or preserve the public health or safety. If NextG fails to relocate any Equipment as requested by the City within a reasonable time under the circumstances described above, City is entitled to relocate the Equipment at NextG's sole cost and expense, without further notice to NextG. To the extent City has actual knowledge thereof, the City will endeavor promptly to inform NextG of the displacement or removal of any pole on which any Equipment is located. 5.4 Relocations at NextG's Request. If NextG desires to relocate any Equipment from one Municipal Facility to another, NextG must so advise City. City will use reasonable efforts to accommodate NextG by making another reasonably equivalent Municipal Facility available for use in accordance with and subject to the terms and conditions of this Agreement. 5.5 Damage to Public Way. Whenever the removal or relocation of Equipment is required or permitted under this Agreement, and that removal or relocation causes the Public Way to be damaged, NextG, at its sole cost and expense, must promptly repair and return the Public Way in which the Equipment is located to a safe and satisfactory condition as directed by, and to the satisfaction of, the City Engineer. If NextG does not repair the site as required above, then City will have the option, upon 15 days' prior written notice to NextG, to perform or cause to be performed all reasonable and necessary work on behalf of NextG. City may charge NextG for all costs to be incurred, or the actual costs incurred by City, in the manner that City customarily determines costs if the work is performed by City, or at actual cost if the work is performed by a third party. Upon receipt of a demand for payment by City, NextG must promptly reimburse City for those costs. 6. INDEMNIFICATION AND WAIVER. NextG will indemnify, defend, protect, and hold harmless the City, its councilmembers, officers, employees, agents, and contractors, from and against liability, claims, demands, losses, damages, fines, charges, penalties, administrative and judicial proceedings and orders, judgments, and all costs and expenses incurred in connection therewith, including reasonable attorneys' fees and costs of defense (collectively, the "Losses") directly or proximately resulting from NextG's activities undertaken pursuant to this Agreement, except to the extent arising from or caused by the gross negligence or willful misconduct of the City, its councilmembers, officers, employees, agents, or contractors. 6.1 Waiver of Claims. NextG waives all claims, demands, causes of action, and rights it may assert against City on account of any loss, damage, or injury to any Equipment, or any loss or degradation of the Services, resulting from any event or occurrence that is beyond the City's reasonable control. CITY OF DIAMOND BAR DRAFT 11/04/08 6.2 Limitation of City's Liability. City will be liable only for the cost of repair to damaged Equipment arising from the sole negligence or willful misconduct of City, its employees, agents, or contractors, and City will in no event be liable for indirect or consequential damages. 7. INSURANCE. NextG must obtain and maintain during the term of this Agreement Commercial General Liability insurance and Commercial Automobile Liability insurance protecting NextG in an amount not less than One Million Dollars ($1,000,000) per occurrence (combined single limit), including bodily injury and property damage, and in an amount not less than Two Million Dollars ($2,000,000) annual aggregate for both personal injury liability and products -completed operations. The Commercial General Liability insurance policy must name the City, its councilmembers, officers, and employees as additional insureds as respects any covered liability arising out of NextG's performance of work under this Agreement. Coverage must be in an occurrence form and in accordance with the limits and provisions specified herein. Claims -made policies are not acceptable. This insurance must not be canceled, nor may the occurrence or aggregate limits set forth above be reduced, until the City has received at least 30 days' advance written notice of such cancellation or change. NextG is responsible for notifying the City of any change or cancellation. 7.1 Filing of Certificates and Endorsements. Prior to the commencement of any work pursuant to this Agreement, NextG must file with City the required original certificates of insurance with endorsements, which must state the following: (a) The policy number; name of insurance company; name and address of the agent or authorized representative; name and address of insured; project name; policy expiration date; and specific coverage amounts; (b) That the City will receive not less than 30 days' prior notice of cancellation; (c) That NextG's Commercial General Liability insurance policy is primary as respects any other valid or collectible insurance that City may possess, including any self insured retentions that City may have; and that any other insurance the City possesses will be considered excess insurance only and will not be required to contribute with this insurance; and (d) That NextG's Commercial General Liability insurance policy waives any right of recovery the insurance company may have against the City. The certificates of insurance with endorsements and notices must be mailed to the City at the address specified below in Section 9. 7.2 Workers' Compensation Insurance. NextG must obtain and maintain at all times during the term of this Agreement statutory workers' compensation and employer's liability insurance in an amount not less than One Million Dollars ($1,000,000) and must furnish to City a certificate showing proof of that coverage. CITY OF DIAMOND BAR DRAFT 11/04/08 7.3 Insurer Criteria. All insurance policies obtained by NextG must be issued by companies that are admitted and licensed to do business in the State of California and that have a minimum rating assigned by A.M. Best & Company's Key Rating Guide of "A" Overall and a Financial Size Category of "X" (i.e., a size of $500,000,000 to $750,000,000 based on capital, surplus, and conditional reserves). Insurance policies and certificates issued by non - admitted insurance companies are not acceptable. 7.4 Severability of Interest. All deductibles or self-insured retentions must be stated on the certificates of insurance, which must be sent to and approved by City. "Severability of interest" or "separation of insureds" clauses must be made a part of the Commercial General Liability and Commercial Automobile Liability policies. 8. FAITHFUL PERFORMANCE BOND. In order to secure the performance of its obligations under this Agreement, NextG will provide the following security instrument to the City: 8.1 Faithful Performance Bond. Prior to the commencement of any work under this Agreement, NextG must provide a faithful performance bond running to the City, substantially in the form attached as Exhibit B, in the penal sum of not less than Two Thousand Five Hundred Dollars ($2,500) for each Municipal Facility upon which Equipment is to be installed pursuant to Section 5 of this Agreement, conditioned upon the faithful performance by NextG of all the terms and conditions of this Agreement and upon the further condition that if NextG fails to comply with any law, ordinance, rule, or regulation governing this Agreement, there shall be recoverable jointly and severally from the principal and surety of the bond any damage or loss suffered by the City as a result, including the full amount of any compensation, indemnification, or costs of removal or abandonment of NextG's property, plus costs and reasonable attorneys' fees up to the full amount of the faithful performance bond. The City may require NextG to increase the amount of the faithful performance bond if the City concludes that it is necessary to do so based upon the harm being caused by NextG to Public Ways or Municipal Facilities. NextG will keep the faithful performance bond in place during the term of this Agreement. 8.2 Assessment of the Bond. Upon NextG's failure to pay the City any amount owing under this Agreement, the faithful performance bond may be assessed by the City for purposes including, but not limited to: (a) Reimbursement of costs borne by the City to correct violations of the Agreement not corrected by NextG, after City provides notice and a reasonable opportunity to cure such violations. (b) To provide monetary remedies or to satisfy damages assessed against NextG due to a material breach of this Agreement. 8.3 Restoration of the Bond. NextG must deposit a sum of money or a replacement instrument sufficient to restore the faithful performance bond to its original amount within 30 days after notice from the City that any amount has been recovered from the faithful 10 CITY OF DIAMOND BAR DRAFT 11/04/08 performance bond. Failure to restore the bond to its full amount within 30 days will constitute a material breach of this Agreement. NextG will be relieved of the foregoing requirement to replenish the bond during the pendency of an appeal from the City's decision to draw on the faithful performance bond. 8.4 Costs of Collection. If the faithful performance bond is drawn upon, all of City's costs of collection and enforcement of the provisions relating to the bond that are specified in this section, including reasonable attorneys' fees and costs, will be paid by NextG. 8.5 Required Endorsement. The faithful performance bond is subject to the approval of the City Attorney and must contain the following endorsement: "This bond may not be canceled until sixty (60) days after receipt by the City Attorney, by registered mail, return receipt requested, of a written notice of intent to cancel or not to renew. " 8.6 Reservation of City Rights. The rights reserved by the City with respect to the faithful performance bond are in addition to all other rights and remedies the City may have under this Agreement or any other law. 9. NOTICES. All notices to be given pursuant to this Agreement must be in writing and delivered personally or transmitted (a) through the United States mail, by registered or certified mail, postage prepaid; (b) by means of prepaid overnight delivery service; or (c) by facsimile or email transmission, if a hard copy of the same is followed by delivery through the U.S. mail or by overnight delivery service as described above, addressed as follows: If to City: CITY OF DIAMOND BAR Attn: James DeStefano, City Manager 21825 Copley Drive Diamond Bar, CA 91765 If to NextG: NEXTG NETWORKS OF CALIFORNIA, INC. Attn: Contracts Administration 2216 O'Toole Avenue San Jose, CA 95131 9.1 Date of Notices; Changing Notice Recipient or Address. Notices will be deemed given upon receipt in the case of personal delivery, three days after deposit in the mail, or the next business day in the case of facsimile, email, or overnight delivery. Either party may from time to time designate any other recipient or address for this purpose by written notice to the other party delivered in the manner set forth above. 11 CITY OF DIAMOND BAR DRAFT 11/04/08 10. TERMINATION. This Agreement may be terminated by either party upon 45 days' prior written notice to the other party upon a default by the other party of any material covenant or term, which default is not cured within 45 days of receipt of written notice of default (or, if such default is not curable within 45 days, if the defaulting party fails to commence that cure within 45 days or fails thereafter diligently to prosecute such cure to completion); provided, that the grace period for any monetary default will be 10 days from receipt of notice. Except as expressly provided herein, the rights granted under this Agreement are irrevocable during its term. 11. ASSIGNMENT. 11.1 Transactions Requiring City Consent. Consummation of the following transactions related to this Agreement, or involving NextG, requires the prior written consent of the City Council expressed by resolution, which consent will not be unreasonably withheld, conditioned, or delayed: (i) The sale, transfer, lease, assignment, or other disposition of this Agreement, in whole or in part, whether voluntary or involuntary; provided, however, that such consent is not required for a transaction that is exempt under the provisions of paragraph 11.2 below. A transfer, assignment, or other disposition of this Agreement may be made only by an instrument in writing, a duly executed copy of which must be filed in the office of the City Clerk after the consummation of that transfer, assignment, or other disposition. (ii) Any merger, consolidation; reorganization, business combination, or other transaction wherein or whereby 20 percent or more of the ownership interests in NextG, or in any parent company of NextG, will be affected and control of NextG will change or be subject to change. As used herein "control" means the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of NextG. A duly executed copy of any written instrument evidencing the closing and consummation of any such transaction must be filed in the office of the City Clerk. 11.2 Exempt Transactions. The requirements of paragraph 11.1 do not apply to the transfer of ownership interests in NextG to another business entity in the tier of business entities owned or controlled by NextG that (i) controls NextG; or (ii) is controlled by NextG; or (iii) is under common control with NextG; provided, however, that NextG must: (a) provide to City not less than 30 days prior written notice of that proposed transaction; (b) provide information concerning ownership and voting interests in the proposed transferee; (c) provide a list of officers, directors, and any new managing employees of the proposed transferee, and their telecommunications -related 12 CITY OF DIAMOND BAR DRAFT 11/04/08 experience and expertise; (d) represent that the proposed transaction will have no foreseeable effect: on the management and operation of the Project in the City's public rights-of-way; and (e) agree to execution by NextG and the proposed transferee of an assignment and assumption agreement, in form and substance acceptable to the City Attorney, whereby the proposed transferee assumes all of NextG's obligations under this Agreement and accepts its terms and conditions. 11.3 Notice. NextG must give to City at least 30 days' prior written notice (the "Exempted Transfer Notice") of any proposed Exempted Transfer and must set forth with specificity in that Exempted Transfer Notice the reasons why NextG believes the Exempted Transfer Criteria have been satisfied. The City will have a period of 30 days (the "Exempted Transfer Evaluation Period") from the date that NextG gives the City its Exempted Transfer Notice to object in writing to the adequacy of the information provided. Notwithstanding the foregoing, the Exempted Transfer Evaluation Period shall not be deemed to have commenced until the City has received from NextG all additional information the City may reasonably require in connection with its evaluation of the Exempted Transfer Criteria set forth in the Exempted Transfer Notice, so long as the City gives NextG notice in writing of the additional information the City requires within 15 days after the City's receipt of the original Exempted Transfer Notice. 12. MISCELLANEOUS PROVISIONS. The following provisions apply generally to the obligations of the parties under this Agreement. 12.1 Nonexclusive Use. NextG acknowledges that this Agreement does not provide NextG with exclusive use of the Public Way or any Municipal Facility and that City retains the right to permit other providers of communications services to install equipment or devices in the Public Way and on Municipal Facilities. City will make information available to other providers of communications services concerning the presence or planned deployment of NextG's Equipment in the Public Way or on Municipal Facilities. 12.2 Waiver of Breach. The waiver by either party of any breach or violation of any provision of this Agreement will not be deemed to be a waiver or a continuing waiver of any subsequent breach or violation of the same or any other provision of this Agreement. 12.3 Severability of Provisions. If any provision of this Agreement is held by court of competent jurisdiction in a final judicial action to be void, voidable, or unenforceable, that provision will be deemed to be severable from the remaining provisions of this Agreement and will not affect the legality, validity, or constitutionality of the remaining portions of this Agreement. Each party represents that it would have entered into this Agreement, and each of its provisions, regardless of whether any one or more provisions may be declared illegal, invalid, or unconstitutional. 12.4 Contacting NextG. NextG will be available to the employees of any City department having jurisdiction over NextG's activities 24 hours a day, seven days a 13 CITY OF DIAMOND BAR DRAFT 11/04/08 week, regarding problems or complaints resulting from the attachment, installation, operation, maintenance, or removal of the Equipment. City may contact by telephone the network control center operator at telephone number 1-866-44-NEXTG (446-3984) regarding these problems or complaints. 12.5 Governing Law; Jurisdiction. This Agreement will be governed and construed by and in accordance with the laws of the State of California, without reference to its conflicts of law principles. If suit is brought by a party to this Agreement, the parties agree that trial of that action will be vested exclusively in the state courts of California, County of San Bernardino, or in the United States District Court for the Southern District of California. 12.6 Attorneys' Fees. If any dispute arising out of this Agreement results in litigation, the prevailing party will be entitled to recover its costs of suit, including (without limitation) reasonable attorneys' fees. 12.7 Consent Criteria. In any case where the approval or consent of a party is required, requested, or otherwise to be given under this Agreement, that party must not unreasonably delay, condition, or withhold its approval or consent. 12.8 Representations and Warranties. Each of the parties represents and warrants that it has the full right, power, legal capacity, and authority to enter into and perforin its obligations hereunder and that those obligations will be binding upon that party without the approval or consent of any other person or entity, except as provided above in Section 3.3. 12.9 Amendment of Agreement. This Agreement may be amended only by a written instrument signed by both parties. 12.10 Entire Agreement. This Agreement contains the entire understanding between the parties with respect to its subject matter. There are no representations, agreements, or understandings (whether oral or written) between or among the parties relating to the subject matter of this Agreement that are not fully expressed herein. 12.11 Effective Date. It is the intention of the parties that NextG will first execute this Agreement and then submit it to the City. The effective date will be the date on which this Agreement is executed on behalf of the City. The City Clerk will insert the effective date in the introductory paragraph of all counterparts of this Agreement, attest to their execution by a duly authorized officer of the City, and transmit one or more fully executed counterparts to NextG. 14 CITY OF DIAMOND BAR DRAFT 11/04/08 TO EFFECTUATE THIS AGREEMENT, each of the parties has caused this Agreement to be executed by its duly authorized representative as of the date set forth below the authorized signature. APPROVED AS TO FORM: CITY OF DIAMOND BAR, a municipal corporation an Michael Jenkins, City Attorney ATTEST: Tommye Cribbens, City Clerk LIZ Title Date: NEXTG NETWORKS OF CALIFORNIA, INC., a Delaware corporation By: Robert L. Delsman Title: V.P., Gov. Rels. & Reg. Affairs November 6, 2008 15 CITY OF DIAMOND BAR DRAFT 11/04/08 OMN!ORF ANTENNA MOUNTIW 24"-36" NE NextG Networks -Remote Equipment Catalog STREET LIGHT POLE REN ADDITIONAL ANTENNA AND EQUIPMENT CONFIGURATI< ARE INCLUDED ON SUBSEG PAGES OF THIS EQUIPMEN' CATALOG. OMNI OR PANEL ANTENNA YRTN / MOUNTING BRACKET 24 :€IGW1 :10 IV, NEW UTILITY POLE R6PNU 9T. MMKTRM 39411Nf; WMM miva _ wrF,v� 9R Malas: ND LINE �, STREET LIGHT POLE TRAFFIC LI0I4T POLE — 1 of 6 MIF 81966 _ r aaolN MIF � 10{ -SAI -10t NextG-Equip-Cat-V6-052108 NextG Networks, Inc. Proprietary and Confidential NextG Networks -Remote Equipment Catalog n ANTENNA 24-36" Ar FIBERGLASS POLE TOP —1—irl EXTENTION ADDITIONAL ANTENNA AND EQUIPMENT CONFIGURATIONS ARE INCLUDED ON SUBSEQUENT PAGES OF THIS EQUIPMENT CATALOG. DECORATIVE STREET LIGHT TYPICAL WOOD UTILITY POLE Winn Um --nn, ux CMU •,1�OWMi KIW C"Ki .".C"MT Al WOOD DISTRIBUTION POLE PIEP9YED W. Em IMM UI.I® Oran - mw� am IDli� DECORATIVE STREET LIGHT WOOD DISTRIBUTION POLE Dana= in, INW.. DFA�ft 000, 2of6 MOVE Malian Plan am, I NextG-Equip-Cat-V6-052108 NextG Networks, Inc. Proprietary and Confidential NextG Networks -Remote Equipment Catalog NextG_Equip_Cat_V6_052108 NextG Networks, Inc. Proprietary and Confidential OMNI DIRECTIONAL ANTENNA n f 24 - 48" x 3' TOTAL WT = 33 LBS �..�.�. ANTENNA ANTENNA I 24"- 48" x 10'5" AWMAAA> MIM `TOTAL WT = 55 LBS CROSS ARM EXTENSION ` 24' - 48' Pq[MNIEII C Q 001>DIR 44" MODEL 48" MODEL 24" MODEL SUPPORT BRACKET POLE TOP MOUNT CROSS ARM EXTENSION SIDE MOUNT DIRECTIONAL OMNI ANTENNA 1� e•. DUAL BAND OMNI ANTENNA 25' x 20" TOTAL WT = 55 LBS q�ym gr; IEXIC IE1111M i ANTENNA • i'�'' FIBERGLASS POLE TOP EXTENSION �: MCIm RAfi - 4!lEMIL " ANTENNA MOUNTING ` BRACKET I OMNI ANTENNA • ':. CONFIGURATIONS TYPICAL 00160100 W, Ben• pip WOOD POLE \ 3-P NASE PRIMARY C 3 Dare 1, TOP MOUNT DUAL SECTOR OMNI ANTENNA Of V 110ME.E M Illam POLE TOP EXTENSION 0010 oaE , la-la-ol NextG_Equip_Cat_V6_052108 NextG Networks, Inc. Proprietary and Confidential NextG Networks -Remote Equipment Catalog MOUNTING BRACKET WA MR CROSS ARM EXTENSION \� PANELANTENNA \\� • 24'-48-H x 8'W x 6'D w SUPPORT BRACKET 1UNe kET� TOTAL WT = 50 LBS PANEL ANTENNA NE%TG C/N —A03— GROUNDING 24'-48'x 8'x 6" WIRE TOTAL WT = 50 LBS POLE 11 SIDE MOUNTED PANEL ANTENNA SIDE MOUNT ON CROSS ARM PANELANTENNA 24'-36'H x 8W x 6'D TOTAL Wr = 65 LBS �xrc N:iwomcs PANELANTENNA 24'-48'H x 8'W x 6'D TOTAL WT = 100 LBS 6'- 8'H POLE EXTENSION �aolnc W MOUNTING BRACKET ` PANEL ANTENNA • • • • • CONFIGURATIONS mmlwx � �ettr. 40f WENAM BUNK smun 0101A' TOP MOUNTED ON POLE EXTENSION SIDE MOUNTED ANTENNA RN am, NextG-Equip-Cat-V6-052108 NextG Networks, Inc. Proprietary and Confidential NextG Networks-Remote Equipment Catalog SPECIFICATIONS 32.-r H 6.1"- L SPECIFICATIONS 104• W 00 WE OCKWIM L � _I i .. i 5.8" -D 20.8"-H � I I I 1�n•_n - �. r�8 140-LBS I I.. I I .__ _ -LBS r12.0"� -17.4". 20.9" o�'so 32.T' I • �n �1 FBF4 FRONT V1Ey SIDE V[EV AtiEhNA :. Iw EQUIPMENT_TYPE_PW_01 EQUIPMENT—TYPE A-1-01 SPECIFICATIONS 48A0" H SPECIFICATIONS 30.0" - W 18.75" - W 48.0• - H 20'W - D 120 - LBS 24.0' - D 5' 0" 30" 30" X 48" X 24" P er IEx16 IEIsp116 4890• 0 48 DO' POLE 48" j! REMOTE EQUIPMENT ` UNDERGROUND CONDUIT CONFIGURATIONS 1 NEXTG CONFIGURATION - GROUND PEDESTAL awircr xv '� o rk APPLICATION IF POLE MOUNTED EQUIPMENT NO APPROVED EQUIPMENT TYPE ADC 01 - - - Dff 0WM M FM 1 5 of 6 sale M 51 a K" Qn : >a-M-m NextG-Equip-Cat-V6-052108 NextG Networks, Inc. Proprietary and Confidential NextG Networks -Remote Equipment Catalog NextG—Equip—Cat—V6-052108 NextG Networks, Inc. Proprietary and Confidential ONE 0®BPIN11 REMOTE DETAIL EQUIPMENT (E"1) II 1.11 17" .IIji SPECIFICATIONS 48 H 1T -W f 25 -Les fi v �17.o , ICAl1ONS W.0- 33.0' - H 17.0—W LBS NE100 EQUIPMENT ENCLOSURE E B 33.U" DISCONNECT SWITCH 10'.0`x5' METER SOCKET IN REQUIRED BY UTILITY) REMOTE EQUIPMENT SPEC E-1 DOUBLE UNIT OPTION WITH DISCONNECT AND METER (IF REQUIRED BY LOCAL UTILITY) �17•� _.__... } 1 12"-t SPECIFICATIONS 60• - H 17- -W 12"-D SPECIFICATIONS II'j�jIII 3O" -H 17"-W — — — 150 -LBS 16"-D — — 100 -LAS ��� �' IE7IIC �T�R NE%TO EQUIPMENT E NCLOSURE — — — _ r -o- e e r 60" r U .TI{r0 _ QElEA1L BIR ,DDII,& r ACCESS DOOR 12'212' I r IIREi EQUIPMENT CONFIGURATIONS oSNINNa In: Nm' of 6 —6 MWBIWt =OPM1 REMOTE EQUIPMENT WITH SHROUD SPEC E-2 REMOTE EQUIPMENT SPEC A -UH -01 site .BNDB11 KIN OWE, la NextG—Equip—Cat—V6-052108 NextG Networks, Inc. Proprietary and Confidential EXHIBIT B FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: WHEREAS, the City of Diamond Bar, California, a municipal corporation ("City") and NextG Networks of California, Inc., a Delaware corporation, ("Principal") have entered into an agreement for the occupancy of portions of the public ways upon City -owned infrastructure; and WHEREAS, the agreement, identified as "Right of Way Use Agreement," is incorporated by this reference; and WHEREAS, Principal is required under the terms of the agreement to furnish a bond for its faithful performance; NOW, THEREFORE, we, Principal and , as Surety, are held and firmly bound unto the City in the penal sum of Dollars ($ ), lawful money of the United States, for the payment of which we bind ourselves, our heirs, successors, executors, administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that the obligation will become null and void if the above -bounded Principal, his or its heirs, executors, administrators, successors, or assigns, will in all things stand to, abide by, well and truly keep and perform the covenants, conditions, and provisions in said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and will indemnify and save harmless the City, its officers, agents, and employees, as therein stipulated; otherwise, this obligation will be and remain in full force and effect. As part of the obligation secured hereby, and in addition to the face amount specified, costs and reasonable expenses and fees will be included, including reasonable attorneys' fees, incurred by the City in successfully enforcing the obligation, all to be taxed as costs and included in an,y judgment rendered. The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreement, the work authorized to be performed thereunder, or the specifications accompanying the agreement will in any manner affect its obligations on this bond. The Surety hereby waives notice of any such change, extension of time, alteration, or addition to the terms of the agreement, the work, or the specifications; provided; however, that this bond is subject to the following express conditions: 1. This bond shall be deemed continuous in form and shall remain in full force and effect until canceled under Subsection 8.5 of the agreement, after which all liability ceases, except as to any liability incurred or accrued prior to the date of such cancellation. B-1 CITY OF DIAMOND BAR DRAFT 10/06/08 2. The aggregate liability of the Surety hereunder on all claims shall not exceed the penal sum of this bond in any event. 3. The Surety reserves the right to withdraw as Surety from this bond, except as to any liability incurred or accrued, and may do so upon giving the City not less than sixty (60) days' written notice in accordance with Subsection 8.5 of the agreement. IN WITNESS WHEREOF, this instrument has been duly executed by the above-named Principal and Surety on 2008. Note: All signatures must be acknowledged before a notary public. Attach appropriate acknowledgment. (Type name of Principal) (Type address of Principal) By: (Signature of authorized officer) (Title of officer) (Type name of Surety) M (Type address of Surety) (Signature of authorized officer) APPROVED AS TO FORM: (Title of officer) CITY ATTORNEY B-2 CITY OF DIAMOND BAR DRAFT 10/06/08 'i i NextG Networks I ori I Clockwise from Top Left: Wooden Distribution Pole with ' Ground Mounted Pedestal,, "Q s Traffic Light Installation in coastal area, Traditional /� Yl ?' ` L,,n 'lFl Light .1if h ( �/JIt t nl' y Decorative Streetlight with 91 Omnr CITY COUNCIL TO: Honorable Mayor and Members of the City Council VIA: ,James DeStefano, City Manager Agenda # 6.6 Meeting Date: November 18 2008 AGENDA REPORT TITLE: APPROVE AN AMENDMENT TO FISCAL YEAR 2008-2009 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM TO PROVIDE AN ADDITIONAL 6131,136.00 FOR THE SYCAMORE CANYON PARK ADA RETROFIT — PHASE IV PROJECT, FOR A TOTAL PROJECT ALLOCATION OF $302,744.00 AND ADOPT RESOLUTION NO. 2008 -XX RECOMMENDATION: Approve the program allocation amendment and adopt the Resolution. BUDGET IMPLICATION: This $131,136.00 allocation amendment will be incorporated into the City's Fiscal Year 2008-2009 CDBG Program Budget. The funds under consideration result from the carry-over of unexpended funds from the previous program year. The CDBG Program does not impact the City's General Fund budget. BACKGROUND: On January 1;>, 2008, the City Council approved Fiscal Year 2008-2009 Community Development Block Grant (CDBG) Program Funding in the amount of $498,368. Funds may be used for a variety of community development activities such as public services, administration and public works projects. Financial close-out of the FY 2007-2008 CDBG Program for the period ending June 30, 2008 has been finalized by the Los Angeles County Community Development Commission (CDC). The City may utilize unexpended CDBG funds from the FY 2007-2008 project balances to implement new projects and/or supplement on-going projects that are not subject to funding caps. Public service projects and CDBG administration are not eligible for additional funding from the unexpended balance of funds. Capital improvements to public facilities, however, are allowed. A total of $131,136.00 is available for reprogramming to other eligible CDBG projects. DISCUSSION: The Sycamore Canyon Park ADA Retrofit -Phase IV Project will provide for the construction of improvements necessary to make the existing restrooms and office ADA accessible. The removal of barriers that restrict the mobility for elderly or handicapped persons to public facilities meets the CDBG eligibility criteria for project funding. The City Council approved $50,000.00 in CDBG funding for the project in FY 2007-2008 for the design, plans and specifications required for the ADA retrofit at Sycamore Canyon Park. An additional $121,608.00 was approved in FY 2008-2009 for construction of the ADA improvements, for a total project budget of $171,608. During the design phase, it was determined that the most cost effective method to improve accessibility is to remove and replace three non-bearing walls to create the space for the handicap stalls in the restrooms. Also, three exterior doors need to be realigned to accommodate ADA ingress and egress to the restrooms and office. An ADA accessible companion restroom will be added to the building, as well. The original amount of funding approved for project construction will not be sufficient as previously budgeted. However, CDBG funding available from the prior program year will provide the necessary funds for project construction to proceed. It is recommended that the City Council approve the amendment to the FY 2008-2009 CDBG Program in order to provide an additional $131,136.00 in CDBG funds for this project, for a total budget of $302,744.00. City staff will execute the CDBG documents required for the budget increase. Prepared and Reviewed by: Dave Doyle Assistant City Manager Attachments: Resolution 2008 -XX Public Notice and Affidavit of Posting 2 RESOLUTION 2008 -XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING THE CITY'S COMMUNITY DEVELOPMENT BLOCK GRANT(CDBG) PROGRAM FOR FISCAL YEAR 2008-2009 TO PROVIDE AN ADDITIONAL $131,136.00 FOR THE SYCAMORE CANYON PARK ADA RETROFIT -PHASE IV PROJECT FOR A TOTAL PROJECT ALLOCATION OF $302,744.00 WHEREAS, on August 22, 1974, the President of the United States signed into law the Housing and Community Development Act of 1974 (Act); and WHEREAS, the primary goals of Title 1 of the Act are the development of viable urban communities by providing decent housing and a suitable living environment, and expanding economic opportunities, principally for persons of low and moderate income; and WHEREAS, the City of Diamond Bar receives an allocation of Federal Community Development Block Grant (CDBG) funds to further the attainment of these goals; and WHEREAS, unexpended or unobligated funds from the prior year can be allocated into the current program; and WHEREAS, the Los Angeles County Community Development Commission (CDC) has confirmed that $131,136.00 remain available from the previous year's program for allocation; and WHEREAS, the removal of materials and architectural barriers that restrict the mobility for elderly or handicapped persons to public facilities meets the CDBG eligibility criteria for project funding; and WHEREAS, the Sycamore Canyon Park ADA Retrofit -Phase IV Project will provide improved access to the disabled in accordance with the Americans with Disabilities Act (ADA); and WHEREAS, the Sycamore Canyon Park ADA Retrofit -Phase IV Project was approved for CDBG funding in FY 2007-2008 in the amount of $50,000.00 and FY 2008-2009 in the amount of $121,608.00; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Diamond Bar as follows: Section 1. The funding allocation for the 2008-2009 Program Year shall be amended to add $131,136.00 in CDBG funding for the Sycamore Canyon Park ADA Retrofit -Phase IV Project for a total project allocation of $302,744.00. Section 2. That the City Manager or his designee is authorized to execute the contractual and related documents to be prepared by the County of Los Angeles Community Development Commission that are required for the implementation of the project: set forth herein. Section 3. This Resolution shall take effect from and after the date of its passage and adoption. 2 PASSED, APPROVED, AND ADOPTED this 18th day of November. 2008. Jack Tanaka Mayor I, Tomrnye A. Cribbins, City Clerk of the City of Diamond Bar, California do hereby certify that the foregoing Resolution No. 2008 -XX was duly and regularly passed and adopted by the City Council of the City of Diamond Bar, California, at its regular meeting held on the 18th day of November, 2008, by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Tommye A. Cribbins, City Clerk City of Diamond Bar, California TO: VIA: TITLE: COUNCIL Honorable Mayor and Members of the City Council Agenda # Meeting Date: November 18 2008 AGENDA REPORT James DeStefano, City Mang . A RESOLUTION OF THE CITY TIL OF THE CITY OF DIAMOND BAR CONFIRMING THE EXISTENCE OF A LOCAL EMERGENCY AND RATIFYING THE PROCLAMATION THEREOF RECOMMENDATION: Adopt FISCAL IMPACT: None BACKGROUND / DISCUSSION: On Sunday, November 16, 2008, the massive "Freeway Complex Fire" approached the City of Diamond Bar after burning thousands of acres in Chino Hills, Anaheim Hills, Yorba Linda, and Brea. At 7:30am the City Manager opened the Emergency Operations Center (EOC) at City Hall to begin coordinated response efforts between the City and all participating agencies. Due to the outstanding efforts of fire and law enforcement personnel, no Diamond Bar structures or properties were lost. Ordinance No. 2 (199 1) empowers City Manager, who serves as Director of Emergency Services, to proclaim the existence of a local emergency when the City is affected or likely to be affected by conditions of disaster or peril to the safety of persons or property. The "Freeway Complex Fire" threatened hundreds of properties on the City's southeastern border with Tonner Canyon, requiring the services, support, and equipment of multiple fire and law enforcement agencies beyond those regularly assigned. Therefore, the existence of a local emergency may be confirmed and ratified by the Council. The attached resolution confirms the local emergency, ratifies proclamation and actions of the Director of Emergency Services, and provides further record of the City's response procedures during the emergency. Prepared b Rya cLean, Assistant to the City Manager RESOLUTION NO. 2008 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR CONFIRMING THE EXISTENCE OF A LOCAL EMERGENCY AND RATIFYING THE PROCLAMATION THEREOF WHEREAS, Ordinance No. 2 (1991) of the City of Diamond Bar empowers the City Manager, as Director of Emergency Services, to proclaim the existence or threatened existence of a local emergency when the City is affected or likely to be affected by a public emergency and the City Council is not in session; and WHEREAS, on November 16, 2008, the "Freeway Complex Fire" brought forth conditions of extreme peril to the safety of persons and property in Diamond Bar; WHEREAS, the "Freeway Complex Fire" threatened hundreds of properties on the City's southeastern border with Tonner Canyon; and WHEREAS, the conditions presented by the "Freeway Complex Fire" were found to beyond the control of local resources, and warranted the proclamation of a local emergency and the support of additional fire and law enforcement personnel; and WHEREAS, the City Council was not in session and could not be immediately called into session; and WHEREAS, Section 7(a) of Ordinance No. 2 (1991) requires the City Council to ratify the proclamation of a local emergency by the Director of Emergency Services within seven (7) days or the proclamation shall have no further force of effect NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Diamond Bar does hereby find that conditions of extreme peril did warrant and necessitate the proclamation of the existence of a local emergency. SECTION 1. The City Council of the City of Diamond Bar shall adopt the Resolution and the City Clerk shall certify to the adoption. PASSED, APPROVED, AND ADOPTED THIS 18th DAY OF NOVEMBER, 2008. Jack Tanaka, Mayor I, Tommye Cribbins, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, adopted and approved at a regular meeting of the City Council of the City of Diamond Bar held on 18th day of November, 2008, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: Tommye Cribbins, City Clerk City of Diamond Bar Agenda # 7 , 1 Meeting Date: November 18, 2008 CITY COUNCIL AGENDA REPORT �orz�ciLa�"� r9g9 TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Manager W TITLE: A RESOLUTION VACATING AN UNUSED PORTION OF VIA SORELLA STREET, BEYOND THE CUL-DE-SAC RECOMMENDATION: It is recommended that the City Council open the public hearing, receive public testimony, close the public hearing, and adopt Resolution No. 2008 -XX FINANCIAL IMPACT: By vacating this portion of the roadway easement, the financial risk of the City related to the liability for this street is reduced. BACKGROUND/DISCUSSION: A request has been initiated by the applicant, Daar UI-Ilm Muslim Youth, Inc., to vacate a portion of Via Sorella roadway easement beyond the cul-de-sac for landscaping and play area. Proposed as an educational use, the project was approved by the City and a grading permit has been issued. Via Sorella Street, before the construction of State Route 60 freeway in the late 1960's and State Route 57 Freeway in the mid -1970's, was part of the previously named Brea Canyon Road now known as Old Brea Canyon Road (See Exhibit 1). When the freeways were constructed the previous Brea Canyon Road was split and the NE portion was renamed Old Brea Canyon Road and the SW portion Via Sorella Street. As a result, Via Sorella Street was created and ends at a cul-de-sac that currently serves only three lots. The proposed vacation was made a condition of approval for the Conditional Use Permit and Development Review that was approved by the Planning Commission on October 9, 2007. At their regular meeting of September 9, 2008, the Planning Commission reviewed the proposed vacation and found the vacation to be in conformance with the General Iplan. The City, through the vacation process, will abandon its interest in this portion of Via Sorella roadway easement (beyond the existing cul-de-sac) to the properties at 1009 & 1019 Via Sorella Street, the project site (Lot 3) and the adjacent property (Lot 2) respectively, as shown in the aerial map (see Exhibit 2) attached hereto. If the vacation is approved, the applicant will be required to improve the end of the cul- de-sac by installing curb, gutter, sidewalk, and a street light to the satisfaction of the City prior to the Resolution to Vacate being recorded in the Los Angeles County Recorder's Office. A "fair share" contribution of $82,095 shall be paid by the applicant for future traffic improvement measures at Brea Canyon Road/Golden Springs Drive, Brea Canyon Road/Pathfinder Road and SR 60 freeway westbound/Brea Canyon Road prior to final inspection or issuance of Certificate of Occupancy. The applicant shall also restripe the intersection of Brea Canyon Road and Via Sorella Street to facilitate traffic movements for the project site including left turn lanes and channelization improvements which may include a median area turn refuge and acceleration lane for Brea Canyon Road to the satisfaction of the City Engineer prior to the final inspection or issuance of the Certificate of Occupancy. As shown on the attached aerial map (See Exhibit 2) there is no present nor prospective public use for this portion of the roadway easement to be vacated. The property owners will be responsible for the cost of maintenance of the vacated portion (Approximately 8,757 square feet). The existing length of Via Sorella from the cul-de-sac to Brea Canyon Road is approximately 1,710 feet which will remain city property. The vacation proceeding is undertaken in accordance with Division 9, Part 3 (Public Streets, Highways and Service Easements Vacation Law) of the Streets and Highways Code of the State of California. The Code prescribes the procedure and requirements for vacating streets. The City Clerk has given notice of the date, hour and place of the public hearing by publication for at least two (2) successive weeks prior to the hearing in a weekly newspaper published and circulated in the City of Diamond Bar pursuant to Section 8322 (a) of the Streets and Highways Code of the State of California. The City Engineer was authorized and directed to post notices of said vacation conspicuously along the street to be vacated at least two (2) weeks before the date of said hearing pursuant to Section 8323 of the Streets and Highways Code of the State of California. The public hearing is for the purpose of receiving testimony and hearing evidence offered by interested persons regarding the declared intention of the City Council. If from all the evidence heard and submitted, the City Council finds that the street as described in the resolution of intention is unnecessary for the present or prospective public use, the City Council may adopt a resolution of vacation. As there are existing public utilities within the area proposed to be vacated, the owners and/or operators of these have been advised of this request to vacate. Responses have been received from all utilities. While no utilities have indicated that they object to the vacation, Southern California Edison, Southern California Gas Company, and Walnut Valley Water District have requested a non-exclusive easement reservation on the whole area proposed to be vacated. 2 CONCLUSION: Staff recommends the adoption of the Resolution to Vacate a portion of Via Sorella Street (beyond the cul-de-sac) based on the presented facts that there is no present and prospective public use of the portion of the roadway easement to be vacated. PREPARED BY: Erwin Ching, Assistant Engineer Date Prepared: November 12, 2008 REVIEWED BY: David G. Liu, Director of Public Works Attachments: 1) Exhibit 1 2) Aerial Map, Exhibit 2 3) Resolution No. 2008 -XX, with Exhibits A,B,C & D EXHIBIT NO. 1 rUILIUII Ul Udl-UdI16 tla;'IS CA k4i This is the segment of Brea Canyon Road was removed once the freeways were built This end of Brea Canyon Road will become ""Old Brea Canyon Road"' now local -ed behind the vacatit Honda site � � 1 f�.� / \� �� _ � � � .x T � \?2 ` � � � ©`°� . . . �. 2 2 v° y� � ©© � »s f� � a^ � � <� ?� � << ��. :� >, . ��� � �� � � �� � \ » � . �°^»� ^�:� yj > �� 2 d}? � �\© .\.:*�» t� � ` ��� d d� � 2< . RESOLUTION NO. 2008- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, VACATING A PORTION OF VIA SORELLA STREET IN THE CITY OF DIAMOND BAR, CALIFORNIA A. RECITALS: (i) WHEREAS, Via Sorella Street has been dedicated to the City of Diamond Bar, as successor to the County of Los Angeles, for public street and highway purposes; (ii) WHEREAS, on September 9, 2008 the Diamond Bar Planning Commission found the proposed vacation of a portion of Via Sorella Street to be consistent with the Diamond Bar General Plan; (iii) WHEREAS, on October 7, 2008, the City Council duly passed and adopted Resolution No. 2008-37 declaring its intention to vacate a portion of Via Sorella Street in the City of Diamond Bar, the general location and extent of which was shown therein; (iv) WHEREAS, said Resolution No. 2008-37 fixed 7:00 p.m. on November 4, 2008, in the South Coast Air Quality Management District Auditorium at 211865 E. Copley Drive, Diamond Bar, California 91765 as the time and place for hearing all persons interested in the proposed vacation, and the date of said hearing was not less than fifteen (15) days from the date of the adoption of said resolution; (v) WHEREAS, notice of the hearing was provided as required by Sections 8322 and 8323 of the California Streets & Highways Code; (vi) WHEREAS, the hearing was opened at the regular City Council meeting of November 4, 2008, public testimony was taken and the hearing was continued to the regular meeting of November 18, 2008; (vii) WHEREAS, on November 18, 2008, the City Council conducted a continued hearing on the proposed vacation and took and considered additional public testimony; and (viii) WHEREAS, it is appropriate to consider the vacation of a portion of Via 113orella Street, the location and extent of which is generally described in Exhibits A and B attached hereto. B. RESOLUTION: NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR., CALIFORNIA, DOES HEREBY DETERMINE, RESOLVE AND ORDER AS FOLLOWS: Section 1. That all the facts set forth in Part A — Recitals of this Resolution are true and correct. Section 2. That based on the evidence in the record, the portion of Via Sorella Street to be vacated, generally described in Exhibits A and B attached hereto and made a part hereof, is unnecessary for present or prospective public use. Section 3. That based on the evidence in the record the portion of Via Sorella Street to be vacated, as herein above described, is not required for a non -motorized transportation facility. Section 4. That there are existing storm drains, water lines and public utilities within the area proposed to be vacated, the owners and operators of which have been advised of this request to vacate. Requests have been received from the Southern California Gas Company, Southern California Edison, and the Walnut Valley Water District (the "easement holders") to reserve and except nonexclusive easements for such purposes to construct, maintain, operate, replace, repair, patrol, change the size of, add to, or remove from time to time sanitary sewers, storm drains, pipelines, conduits, together with metering, measuring, regulating, cathodic protection, communications and other appurtenant structures in, on, over, under or across the street to be vacated. Therefore, the City Council, from such vacation herein ordered, hereby reserves and excepts an easement for public utility purposes as shown in Exhibit C attached hereto and made a part hereof. Except as provided below, the easement holders shall have free access to their respective utility systems and infrastructure and every part thereof at all times for the purpose of exercising the rights reserved herein. To the extent that any fence or gate impedes access to any portion of the easement holders' facilities in the easement area by the easement holders, property owners shall install a lockbox and provide the easement holders with a key in order to assure access twenty-four hours per day, seven days a week. The property owners of 1009 and 1019 Via Sorella, and their successors and assigns (the "property owners"), shall not erect, place or maintain any building or structure in the vacated street except for those improvements on Parcels A and B shown on the Architectural Plans, sheet A.1, dated November 26, 2007 in the official records of the City (the "approved plans") and attached hereto as Exhibit D and made a part hereof. In the event that the property owners install any building or other structure in the easement area that interfere with free access by the easement holders to public utility systems and infrastructure within the easement area, except for the improvements shown on the approved plans, they shall be responsible for the cost of removal and replacement of such improvements upon request of the easement holders. The property owners shall not change the grade of the surface of the easement area without the written approval of the easement holders and shall not plant trees or other deep-rooted plants over the easement area. In the event that the rights accorded by this reservation of easement are exercised for purposes of installation, replacement, repair, maintenance or other operation of utility facilities, the easement holder shall cause the least injury to the surface of the ground, plantings, vegetation and roots as feasible and shall restore the surface of the ground, including plantings and vegetation, to as near the same condition as it was prior to excavation as is practicable. Section 5. That the portion of Via Sorella Street herein above described is hereby ordered vacated, to be effective upon satisfaction of the following conditions: A. Curb, gutter, sidewalk, and a street light shall be installed at the end of the cul de sac to the satisfaction of the City Engineer pursuant to Planning Commission Resolution No. 2007-54; B. A common access easement for the benefit of the properties located at 1009 and 1019 Via Sorella Street shall be recorded in the Office of the County Recorder of the County of Los Angeles, State of California; and C. The property owners shall relocate the gas lines within the easement reserved in Section 4 above to the satisfaction of the Southern California Gas Company, in order that the improvements shown on the approved plans do not interfere with free access to the gas lines. Section 6. That upon recordation of this resolution and the vacation of that portion of Via Sorella Street described herein above to be vacated, all right, title and interest in the improvements within the area vacated shall be vested as follows for the benefit and use of the properties located at 1009 and 1019 Via Sorella Street, respectively: Parcel A (to 1009 Via Sorella): DAAR-UL-ILM of Muslim Youth Inc. Parcel B (to 1019 Via Sorella): Ying and Ming, LLC Section 7. That the City Clerk is directed, upon receipt of evidence satisfactory to the City that a common access easement for the benefit of the properties located at 1009 and 1019 Via Sorella Street has been recorded, and installation of curb, gutter, sidewalk, and a street light at the end of the cul de sac pursuant to Planning Commission Resolution No. 2007-54 has been performed to the satisfaction of the City Engineer, and gas lines have been relocated to the satisfaction of the Southern California Gas Company, to record a certified copy of this resolution of vacation in the Office of the County Recorder of the County of Los Angeles, State of California PASSED, APPROVED AND ADOPTED this day of , 2008. Jack Tanaka, MAYOR I, Tommye A. Cribbins, City Clerk of the City of Diamond Bar, California do hereby certify that the foregoing Resolution No. 2008- was duly and regularly passed, approved and adopted by the City Council of the City of Diamond Bar, California, at its regular meeting held on the 18th day of November, 2008, by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Tommye A. Cribbins, City Clerk City of Diamond Bar, California PAGE 1 OF 3 EXHIBIT " A " LEGAL DESCRIPTION LEGAL DESCRIPTION OF PARCEL "A" AREA OF VIA SORELLA TO BE VACATED PARCEL A BEING A PORTION OF VIA SORELLA RIGHT OF WAY AS SHOWN ON PARCEL MAP NUMBER 7937 IN BOOK 90 PAGES 7 AND 8 AS FILED IN THE OFFICE OF THE RECORDER OF THE COUNTY OF LOS ANGELES, IN THE CITY OF DIAMOND BAR, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF LOT 3 OF PARCEL MAP NUMBER 7937, SAID POINT BEING TH1= TRUE POINT OF BEGINNING: THENCE SOUTH 32'36'22" EAST, A DISTANCE OF 51.06 FEET TO THE WESTERLY LINE OF CALIFORNIA STATE HIGHWAY 60/57 AS SHOWN ON FREEWAY MAP 2130-2, SAID POINT BEING ON A CURVE CONCAVE NORTHWESTERLY A RADIAL LINE TO SAID POINT BEARS SOUTH 54'34'41" EAST: THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 28'35'37" HAVING A RADIUS OF 300.00 FEET, A DISTANCE OF 149.72 FEET TO A POINT OF CUSP A RADIAL LINE TO SAID POINT BEARS SOUTH 83'10'18" EAST: THENCE ALONG A CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 7550.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 49" 16'47" WEST, THROUGH A CENTAL ANGLE OF 0'28'34", A DISTANCE OF 62.74 FEET SAID CURVE BEING THE SOUTHEASTERLY LINE OF LOT 3 OF PARCEL MAP 7937 THENCE CONTINUING ALONG THE SOUTHEASTERLY LINE OF LOT 3 SOUTH 40'14'39" WEST,A DISTANCE OF 62.20 FEET TO THE POINT OF BEGINNING. CONTAINS 3,981 SQUARE FEET MORE OR LESS SEE ATTACHED PLAT DEPICTING THE ABOVE DESCRIBED LAND. THIS OESC IPTI N WAS PREPARED UNDER MY SUPERVISION: GREG EMBREE L.S. 6771 LICENCE EXPIRES 9-30-08 LAND S E fv' 0 No. 6771 � c EXP. OF CA1,1F���\P RECEIVED OCT .1 5 2008 WALNUT VALLEY WATER DISTRICT PAGE 2 OF 3 EXHIBIT " A " LEGAL DESCRIPTION LEGAL DESCRIPTION OF PARCEL "B" AREA OF.VIA SORELLA TO BE VACATED PARCEL B BEING A PORTION OF VIA SORELLA RIGHT OF WAY AS SHOWN ON PARCEL MAP NUMBER 7937 IN BOOK 90 AT PAGES 7 AND 8 AS FILED IN THE OFFICE OF THE RECORDER OF THE COUNTY OF LOS ANGELES, IN THE CITY OF DIAMOND BAR. STATE OF CALIFORNIA. DESCRIBED AS FOLLOWS_ BEGINN17MG AT THE SOUTHWEST CORNER OF LOT 3 OF PARCEL MAP NUMBER 7937, SAID POINT BEING THE TRUE POINT OF BEGINNING: THENCE SOUTH 32'36'22" EAST, A DISTANCE OF 51.06 FEET TO THE WESTERLY LINE OF CALIFORNIA STATE HIGHWAY 60/57 AS SHOWN ON FR MAP 213EEWAY 0-2. SAID POINT BEING ON A CURVE CONCAVE NORTHWESTERLY A RADIAL LINE TD SAID POINT BEARS SOUTH 54'34'41" EAST. THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 2'01'53- HAVING A RADIUS OF 300.00 FEET, A DISTANCE OF 10.54 FEET TO THE END OF SAID CURVE, A RADIAL LINE TO SAID POINT BEARS SOUTH 52'32'48" EAST: THENCE SOUTH 37.27'12" WEST ALONG SAID WESTERLY LINE OF CALIFORNIA STATE HIGHWAY 60/57, A DISTANCE OF 96.50 FEET TO A POINT OF CUSP, A RADIAL LINE TO SAID POINT BEARS SOUTH 73'45'26" EAST: THENCE ALONG A CURVE CONCAVE: SOUTHWESTERLY HAVING A RADIUS OF 44.00 FEET, THROUGH A CENTRAL ANGLE OF B4'33'02", A•DISTANCE OF 64.93 FEET TO AN ANGLE POINT OF LOT 1 OF PARCEL MAP NUMBER 7937, A RADIAL LINE TO SAID POINT BEARS NORTH 21'41'32" EAST: THENCE ALONG 7HE SOUTHEASTERLY LINE OF LOTS 1 AND 2 OF PARCEL MAP 7 EAST A DISTANCE OF 98.24 FEET TO THE TRUE POINT OF BEGINNING937 NORTH 4p1439- _ CONTAI14S 4,775 SQUARE FEET MORE OR LESS SEE AT17ACHEO PLAT DEPICTING THE ABOVE DESCRIBED LAND. p LP`N D S EM .p THIS DE:S=ITI HAS PREPARED UNDER MY SUPERVISION:0 o. 6771 GREG EMBREE L.S. 6771 LICENCE EXPIRES 9-30-08 QF cAt�F�- RECEIVED OCT 15 2008 WALNUTVALLEY WATERDISTRICT 2008-37 EXHIBIT B PAGE 3 OF 3 r:o �,RG CITY OF DIAMOND BAR '��. VIA SORELLA RIGHT-OF-WAY VACATION PLAT No. 6771 �g EXP' ` =I u LOT 1 LOT 2 1493'50'31'E (RAD) 18_E i72-67' 11 NB6 "23' 18' E (RAD) 3 Q o [v' o- in OEM. - a SB3'10'iB'E ¢oJ s� 1t1=300�y -- �RAdj s sQ_ 3 \9 \40 T� \ LOT 3 R= 45D.00' D= 2'32'47' L= 20.DD' � = J■)t■YT ,■■■■S pe �; fin! Oa 9d ;' R��d — SSS -AS -50-E (RAD) ons •.Nu■■■■6+/ ■■■■■■■■moi (Rq�pj�&_ S7 �■■■■■■r;r r'y7■■■■■I- 12 =E (RAO) O 6rL 21 LOT 3 R= 45D.00' D= 2'32'47' L= 20.DD' � = J■)t■YT ,■■■■S 1■■■■�/ i■■■■12BonMEN on� •.Nu■■■■6+/ ■■■■■■■■moi .:�■■■■■■■v �■■■■■■r;r r'y7■■■■■I- tip -N- �� A 1 IL= u - P L L_ L_ LL a� �- o� _ O SCALE i- =Bo - LL 60 - LL g L ��42 PARCEL A =3,9B1 SQ_ FT 0.09 ACRES �QyQ�9'L PARCEL B = 4. 776 SO. FT_ 0.11 ACRES NOTE THE RIGHT OF INGRESS TO AND EGRESS FROM PARCEL -A" OVER AND ACROSS PARCEL -B- IS TO BE RESERVED BY SEPARATE DOCUMENT BASIS OF BEARINGS: oP 21/ THE BEARINGS SHOWN HEREON ARE BASED ON THE SOUTHERLY LINE OF PARCEL MAP ANGELES COUNTY, No. BEING 7S40814939Pyq 7—B ' RECORDS 01 L05 ybo P / APPROVED BY_ CITY OF DIAMOND BAR /9 C_E.5_14_ INC. 2131 REDELL AVE. MONROVIA CA. 91ois 626-359-625D Fs DAG. VIA SORELLA VACTION GREG EMBREE DATE LS 6771 DAVID LIU CITY ENGINEER DATE PLAN REVIEWED BY: t DATE 1 2008-37 No.. 6771 _ EXP - ! 3 - EXHIBIT "clif CITY OF DIAMOND BAR YIA SORELLA RIGHT-OF-WAY VACATION PLAT z 45 O �g0 P Pp` LOT 2 NH3 5p' (RAU) iB.F 172 67' — MBS -23.18-E (Pz)— oa' o- to 10 om o- v 1 SB3'10' 18'E} o U PAGE 3 OF 3 R= 450.00' P=2 32'g7- L- 20. DD' LOT 3 ESp CORNER mss. LOT 3 Oj 4F. 5 NQS N 661 `. 6k LOT i y3 S clt p0 m- 4- a i 4 ry � Sn-48'50-E [RAO) o °cA rRa S78 'y5 I2 =!_ fRADy Q o .°r n.� Q a� y3 am cpo �i P ti. C9 O - OJ ` 4 � -N- o-0ap 4tiv � A Ir qtr + l �°j 060- i" = 60 o' -r2 C> PARCEL A =3, 98 f 5Q _ FT. �0.09 ACRES m �s Q,r Capco . r a 4-Qm'o'2 PARCEL B = 4, 776 5Q_FT_ 0.1 f ACRES NOTE THE RIGHT OF INGRESS TO AND EGRESS FROM PARCEL -A- DYER AND ACROSS PARCEL 'B- IS TO BE RESERVED BY SEPARATE DOCUMENT BASIS OF BEARINGS: THE BEARINGS SHOWN HEREON ARE BASED ON THE SOUTHERLY LINE OF PARCEL MAP NO. 7937 M.B. 9D P. 7-8 , RECORDS OF LOS ANGELES COUNTY, BEING S40 -i4'39 -W APPROVED BY: CITY OF DIAMOND BAR DAVID LIU CITY ENGINEER DATE C.E.S.M_ INC. 2131 REDELL AVE. PLAN PREPA D NDER DIR CTIDN� PLAN REVIEWED BY: MONRDVIA CA. 9i0is 626-359-6250 7-31 FS ONG. GREG EMBREE DATE DATE VIA SOREL" VACTION LS 5771 2008-37 FIRLDV PE IN, o. C PE awns �� 1 Qj AN 1 EXHIBIT D WVOSCAP G GN o c E,E E TCRD / FELL c -tiWe_ 7 9 ARoauen TR aR,x a seov/u— T C - T _ -- \ X11 �E. El FIRE FLOW IS ALFRED ON THE FOLAIIIHIS 1111LED., BAD TALK' TOR INFIRADE ISO Al. FBI RIBBLE EXISSAILARE WHIN SO IF CEL RON ADELSTEIN FBI AXI LIFFORLEAS .1/L1 C.11HIPAN 11 15 \\AIS \ I O IF h269 0G ARE 6- A e x 1/2 A 42RE9 r TIRE FLOW GPM ® [DPSH\ A 3 ro tl STAIR BWmRES I LEJEL ' / i PROPOSED 3 STORY BUILDING � � 1 I j�-aoRs i _ \ I I. YINt. 5035 SP FOOTPRINT _ I 1PEARN wRo Hr Paw INCE IL� 11 I II WITH 3 wof E E EEENCC SHALL SHA fX 114Y11 / /BE ANT HIGH 16 I � � r � � �` A�� I✓ \ — IL I� y -r yam.._ �,,T �1 _ P lit lyq(R4/bS r o� FT -- 0' 0 \ � I J ( . F �+ - P BGSED CHR➢RETYB alar AREA E➢n PUA A AID IANCSCG+%PM'C RNVINCs / \L`( CSFp WRCUCM IRON WnTM N G,.1✓ 1 _ -�RI SHALL ' / ' RAr� t T / BE n8" \ Y v A `\'D _BARRI`ALL AT vuarm PRPROPERTY \� �� V / \ �A� awe. BE �E crvl. A p`A` FRIrm cocoa cREIF wa:ovar Enala [NIRY SILO NO ENDED V v i Oa �� v3:'; A / SON., aaouNB BUILDING AS �/ SEE SHE ABB FOR EIp IED PUN ry / cJ'OR,uPwnr umAL wm `w THE � �v T jj .9 / O AANSI AC R EM SSIBLE NL ORAWIOF RGS All V %ff FOR u saallN .oRunnory V �� / C IORFN CRP orT NS V LL�/4E DN \ FAIR wearrvEz DAYS ore OPP AT J / % 5 i ) I . RMNC BELOW DURING EARN WHO T"N AROONB BELOW ar RANKING 1 / / LETTERE HS,F,EO BELIEFS, AREA TO BE HOUR CASING CFF OPFAgTIONAL �• / - ELA ,l TRARREARIGS, AND v OF PROPOSED �A 1`f -�/ ZE STICAL B.TENDEFE,... IN-PRocESS TMSH BNOLOsuRe AN., REGULAR AT RCGGIF AND SG9EOOLE PON -op j / rnj' � /� : ) T'. „ AFTER, OR AREA s LARL TIERS SiDERALK TO DE -SAC, SEE INGS V'S ROSSINDICAT-SAFl ED A AREA VEHICLE ACCESS E%ISTING DRIVEWAY TC BE WIDENED. SEE CIVIL aIT xDDRAWINGSIT KEY SITE PLAN —. .. AGENT NE ECM IT vaCATEn PPOaEln FOR, EE SITE PLAN scgte r -lo' -o' Al \ ARS LAME FARS, AREA B1111 IF NOTA orPRFT 6THAING FEETEINT 1707 BE M1\ EA Ql TFOR ABU (STE AREA crnE,TA / IF (IIF—) HER FATFULATION FEET j \\AIS \ I O IF h269 0G ARE 6- A e x 1/2 A 42RE9 r TIRE FLOW GPM ® [DPSH\ A 3 ro tl STAIR BWmRES I LEJEL ' / i PROPOSED 3 STORY BUILDING � � 1 I j�-aoRs i _ \ I I. YINt. 5035 SP FOOTPRINT _ I 1PEARN wRo Hr Paw INCE IL� 11 I II WITH 3 wof E E EEENCC SHALL SHA fX 114Y11 / /BE ANT HIGH 16 I � � r � � �` A�� I✓ \ — IL I� y -r yam.._ �,,T �1 _ P lit lyq(R4/bS r o� FT -- 0' 0 \ � I J ( . F �+ - P BGSED CHR➢RETYB alar AREA E➢n PUA A AID IANCSCG+%PM'C RNVINCs / \L`( CSFp WRCUCM IRON WnTM N G,.1✓ 1 _ -�RI SHALL ' / ' RAr� t T / BE n8" \ Y v A `\'D _BARRI`ALL AT vuarm PRPROPERTY \� �� V / \ �A� awe. BE �E crvl. A p`A` FRIrm cocoa cREIF wa:ovar Enala [NIRY SILO NO ENDED V v i Oa �� v3:'; A / SON., aaouNB BUILDING AS �/ SEE SHE ABB FOR EIp IED PUN ry / cJ'OR,uPwnr umAL wm `w THE � �v T jj .9 / O AANSI AC R EM SSIBLE NL ORAWIOF RGS All V %ff FOR u saallN .oRunnory V �� / C IORFN CRP orT NS V LL�/4E DN \ FAIR wearrvEz DAYS ore OPP AT J / % 5 i ) I . RMNC BELOW DURING EARN WHO T"N AROONB BELOW ar RANKING 1 / / LETTERE HS,F,EO BELIEFS, AREA TO BE HOUR CASING CFF OPFAgTIONAL �• / - ELA ,l TRARREARIGS, AND v OF PROPOSED �A 1`f -�/ ZE STICAL B.TENDEFE,... IN-PRocESS TMSH BNOLOsuRe AN., REGULAR AT RCGGIF AND SG9EOOLE PON -op j / rnj' � /� : ) T'. „ AFTER, OR AREA s LARL TIERS SiDERALK TO DE -SAC, SEE INGS V'S ROSSINDICAT-SAFl ED A AREA VEHICLE ACCESS E%ISTING DRIVEWAY TC BE WIDENED. SEE CIVIL aIT xDDRAWINGSIT KEY SITE PLAN —. .. AGENT NE ECM IT vaCATEn PPOaEln FOR, EE SITE PLAN scgte r -lo' -o' ALI AGES, PRONT, ILCO ARS LAME FARS, AREA B1111 IF 6THAING FEETEINT 1707 BE AlTHERE En 9,.-.a EE Ql TFOR ABU (STE AREA crnE,TA / IF (IIF—) HER FATFULATION FAI.A. j WILOERATE,i W DOER, )/ OIAS1.00N �. TOTAL LOT ALE, ABLE ) 11,1161 IF as mo v aT ALDEeeLr naps AND PEAK Oln orr.GFN ALI AGES, PRONT, ILCO ARS LAME FARS, AREA B1111 IF /ai��Q11�6Cd� �196aua�C�aDo a6dWN1PJ�l9 AlTHERE En 9,.-.a EE m RWss A..ORNE FAI.A. WILOERATE,i W DOER, )/ OIAS1.00N �. mo v aT ALDEeeLr naps AND PEAK Oln orr.GFN :p= EN 11 NERN III IF EEano ALTER)S, _=.GR€nmmo r ISIF Ell15pncrs REARAGIONALARGER iolaE REOrmmE, Ll Epnc6y� MEM EARTAG)P M , TR PP xNG nL S C¢ .. I EyacEE ITIFAIR 1AING1 1 mrc6 Z CQ Do TOTAL NOR .113 Ppwom_ 2 ELI k, G FORE RATI V - I (+ HOUR) , ILI SPR/AX/Lpm TL noTITHERANS NI EIaxon To paDNanoN ISPECTON Ta BADLY AT Ll O W J ELI Lu SIL E DATA © =0 p ,_A HE REARTFOR IRA EARTANAN 11 A INEARNA REN crvwE 3: �. �� NJARI AGOL IIIALRBE PLANA uxners unTuoLLENEW sxulNe LE rBE A NAEITrIIIANAL „H "A LONE .11E SET to � n .1 OR DO BER, P, LOT ALL TFROLL AT I ON All Eluxuux .1 oouc+eTLE Sly � pa. � TOR ® u) uxn[FAA R Po+ +o +'n'n+ s u Imux m wpEc su x mnWncxs. rsF o C. REGAIN, HATMORTANT TEARLOTANA —IF N WITHINI ARE 0— 1. LL.o.a mT ExEIRSEENTO FREE, ... c MIN ROAD TORS ON= ARE, EORTANWAN ANNABLEAR OR rE.r T+,v nAXI PREARE RO IA ALIA o..,., o cuaxµcrxpcin Yam. sve— To¢-mE...01..A ROSEo REERATHAN AT IN cu d, uxox OFFeo.TED AT IBRAD WERE AND AT HATEN AR REARERj mswOTEErrrum ORT FROA WErnrwuc [�PWN CNECX 111-11 ON TEs© �CCTEn PRIOR xv RENEREARTALON, HIRE LEN NLA NE REENTRALL DRA ATELABLE UNDEREARFUND — TORANTE FRILKa) IN I— a.+E,.. ronW1�. .L Ro I EE+EN FIRE DEPARTMENT NOTES V'ICINITYIUTA.P SITE PLAN & NOTES CITY COUNCIL Agenda # 7. 2 Meeting Date: November 4, 2008 TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Mama J TITLE: Development Code Amendment N . 2008-01. Amendment to Table 2-6 of Section 22.10.030 of the Municipal Code to allow limited educational uses in the Regional Commercial (C-3) zone. RECOMMENDATION: Approve for First Reading by Title only, Waive full reading of Ordinance No. 0X(2008) and schedule Second Reading for November 18, 2008 FINANCIAL SUMMARY: The costs associated with the review of this application have been borne by the applicant BACKGROUND: This proposed amendment to the Diamond Bar Development Code was initiated by the owners of the new two-story office/retail building at Golden Springs and Banning Way to allow limited educational uses in the C-3, Regional Commercial, zoning district. Presently, educational uses such as tutoring, art schools, music instruction, martial arts studios, etc., are prohibited in the C-3 zone. The proposed amendment would allow for such businesses as primary uses on the upper floors of buildings on C-3 zoned properties, and as ancillary uses to permitted businesses on the first stories of these buildings. The proposed amendment further requires such uses be subject to approval of a Conditional Use Permit to ensure that parking and compatibility issues are fully addressed. On October 14, 2008 the Planning Commission held a public hearing on the proposed Development Code Amendment and recommended with a 3-0 vote that the City Council adopt the attached Ordinance approving DCA 2008-01. The staff report and meeting minutes are attached. ENVIRONMENTAL REVIEW: The City has determined that this project is exempt from the provisions of the California Environmental Quality Act (CEQA), as prescribed under Section 15061(b)(3) of the CITY OF DIAMOND BAR NOTICE OF PUBLIC MEETING AND AFFIDAVIT OF POSTING STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF DIAMOND BAR I, Stella Marquez, declare as follows: I am employed by the City of Diamond Bar, Community Development Department. On October 17, 2008, 1 personally posted a copy of the Proposed Amendment of the Fiscal Year 2008-2009 Community Development Block Grant Program, a copy attached hereto, at the following locations: SCAQMD/Government Center, 21865 Copley Drive Diamond Bar Library, 1061 Grand Avenue Heritage Park, 2900 Brea Canyon Road I declare under penalty of perjury that the foregoing is true and correct. Executed on October 20, 2008, at Diamond Bar, California. eLa� Stella Plarquez Community and Development Services Dept. S : %Wriidavispos[ iag. dw �!I il"IAl`IONll BCCICITY OF DIAMOND :. . 21825 COPLEYDRIVE DIAMOND BAR, CA 91765 0 839-7030 PUBLIC NOTICE PROPOSED AMENDMENT TO THE FISCAL YEAR 2008-2009 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM The City of Diamond Bar is proposing an amendment to the federal Community Development Block Grant (CDBG) Program for Fiscal Year 2008-2009. In accordance with the U. S. Department of Housing and Urban Development (HUD) regulations, public: notices are required if there is a proposed new project, substantial change, or project cancellation. The proposed change to the FY 2008-2009 CDBG Program is as follows: City of Diamond Bar Sycamore Canyon Park ADA Retrofit -Phase IV — Project Number 600962-07 Current Funding Allocation: $171,608.00 Revised Funding Allocation: $302,744.00 This project will provide for the design, plans, specifications, and construction required for Americans with Disabilities Act (ADA) retrofit improvements of existing restrooms at Sycamore Canyon Park. Additional funding for this project will be re -allocated from the CDBG Unallocated Balance. Written comments regarding the proposed amendment may be submitted to the City of Diamond Bar at 21825 Copley Drive, Diamond Bar, California, 91765 by November 18, 2008. For further details, contact Dave Doyle, Assistant City Manager, at (909) 839-7010. CEQA Guidelines (no potential for causing a significant effect on the environment), therefore, no further environmental review is required. NOTICE OF PUBLIC HEARING: Notice for this hearing was published in the Inland Valley Bulletin and the San Gabriel Valley Tribune on October 24, 2008, in a 1/8 page display. Pursuant to Planning and Zoning Law Government Code Section 65091(a)(3), if the number of property owners to whom a public hearing notice would be mailed is greater than 1000, a local agency may provide notice by placing a display advertisement 1/8 page in one newspaper of general circulation. PREPARED BY: Katherine Laufenburger Senior Planner REVIEWED BY: David Doyle, Asst. City Manager Greg Gubman, AICP Acting Director of Community Attachments: 1. Ordinance No. XX (2008) 2. Planning Commission Report and Resolution from October 14, 2008 3. Planning Commission draft meeting minutes from October 14, 2008 G\Staff Reports-CC\DCA 2008-01 CC report 11-4-08.doc • APPROVINGBAR DEVELOPMENT CODENO. 2008-01 CODE.AMENDING TABLE 2-6 OF SECTION 22.10.030 OF THE DIAMOND BAR MUNICPAL 1. On July 25, 1995, the City of Diamond Bar adopted its General Plan. The General Plan establishes goals, objectives and strategies to implement the community's vision for its future. 2. On November 3, 1998, the City of Diamond Bar adopted a Development Code. Title 22 of the Diamond Bar Municipal Code which contains the Development Code is now currently applicable to development applications within the City of Diamond Bar. 3. Administering the Development Code for over 10 years demonstrated that certain clarifications and modifications are warranted based on the City's experience. 4. The City of Diamond has reviewed a request by Eden Dongsan Investments to amend Title 22 of the Diamond Bar Municipal Code ("Development Code") to permit limited educational uses in the C-3 zone. Making provisions for limited educational uses furthers the intent of the C-3 zone. 5. On October 14, 2008 the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing on the application and concluded the public hearing. At that time, the Planning Commission adopted Resolution No. 2008-30 recommending that the City Council approved Development Code Amendment 2008-01. 6. On October 24, 2008, notice for this application was published in the Inland Valley Bulletin and the San Gabriel Valley Tribune. Pursuant to California Government Code Section 65091 (a)(3), if the number of property owners to whom a public hearing notice would be mailed is greater than 1,000, a local agency may provide notice by placing a display advertisement of at least one- eighth page in at least one newspaper of general circulation. On October 24, 2008, the City placed a one-eighth page display advertisement in the above mentioned newspapers of general circulation. All persons wishing to testify at the public hearing in connection with said amendment were heard, and said amendment was studied: and 7. On November 4, 2008, the City Council of the City of Diamond Bar conducted a duly noticed public hearing with regard to the Development Code Amendment. At that time, the City Council concluded the public hearing. 8. Following due consideration of the public testimony, staff analysis and the Planning Commission's recommendation, the City Council finds that the Development Code amendment set forth herein is consistent with the General Plan. 9. The City Council hereby finds that this project is exempt from the provisions of the California Environmental Quality Act (CEQA), as prescribed under Section 15061(b)(3) of the CEQA Guidelines (no potential for causing a significant effect on the environment), therefore, no further environmental review is required. 10.The City Council hereby specifically finds and determines that, having considered the record as a whole, including the finding set forth above; there is no evidence before this City Council that the Development Code Amendment proposed herein will have the potential of an adverse effect on the wildlife resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this City Council hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. NOW, THEREFORE, the City Council of the City of Diamond Bar does hereby ordain as follows: Section 22.080.030 TABLE 2-6 Commercial/Industrial zoning district land uses and permit requirements. Article II, Title 22 of the City of Diamond Bar Municipal Code is hereby amended to read as follows: TABLE 2-6 ALLOWED USES AND PERMIT REQUIREMENTS FOR COMMERCIAL/INDUSTRIAL ZONING DISTRICTS Section 22.10.030 Table 2-6., footnotes pertaining to permit requirements. Article II, Title 22 of the City of Diamond Bar Municipal Code is hereby amended 2 GAResolutions & Ord-CC\DCA 2008-01 CC Ord 11-4-08.doc Permit Requirement by District See Standards LAND USE 1 C-1 C I in Section: RECREATION, EDUCATION & PUBLIC ASSEMBLY USES Schools -Specialized ee education and training non- CUP CUP (5) CUP degree Section 22.10.030 Table 2-6., footnotes pertaining to permit requirements. Article II, Title 22 of the City of Diamond Bar Municipal Code is hereby amended 2 GAResolutions & Ord-CC\DCA 2008-01 CC Ord 11-4-08.doc by adding the following note regarding limited educational uses: (5) Educational classes/training programs as the primary use shall be limited to the second floor and above with approval of a CUP. Ancillary classes in conjunction with a permitted use shall require a CUP and be limited to 15% of a separately demised space occupied by a single tenant or 750 square feet, whichever is less. PASSED, APPROVED AND ADOPTED THIS 4TH DAY OF NOVEMBER 2008, BY THE CITY COUNCIL OF THE CITY OF DIAMOND BAR. am Jack Tanaka, Mayor I, Tommye Cribbins, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Diamond Bar held on the day of 2008 and was finally passed at a regular meeting of the City Council held on the day of 2008, by the following vote: AYES: Council Members: NOES: Council Members: ABSENT: Council Members: ABSTAIN: Council Members: Tommye Cribbins, City Clerk, City of Diamond Bar 3 GAResolutions & Ord-CC\DCA 2008-01 CC Ord 11-4-08.doc 21825 COPLEY DRIVE -DIAMOND BAR, CA 91765 -TEL (909) 839 -7030 --FAX (909) 861-3117-w .Cityofdiamoodbancom AGENDA ITEM NUMBER: 7.1 MEETING DATE: October 14, 2008 CASE/FILE NUMBER: Development Code Amendment 2008-01 PROJECT LOCATION: 20657 Golden Springs Diamond Bar, CA 91765 APPLICATION REQUEST: Code amendment to allow educational uses in the C-2 commercial zone. PROPERTY OWNERS: Eden Dongsan Investments Inc. 3751 N. Hermosa PI. Fullerton, CA 92835 APPLICANTS: Eugene Kim Eden Dongsan Investments Inc. 3751 N. Hermosa PI. Fullerton, CA 92835 STAFF RECOMMENDATION: Adopt the attached resolution recommending the City Council adopt Development Code Amend ment2008-01. This proposed amendment to the Diamond Bar Development Code was initiated by the owners of the new two-story office/retail building at Golden Springs and Banning Way to allow limited educational uses in the C-3, Regional Commercial, zoning district. Presently, educational uses such as tutoring, art schools, music instruction, martial arts studios, etc., are prohibited in the C-3 zone. The proposed amendment would allow for such businesses as primary uses on the upper floors of buildings on C-3 zoned properties, and as ancillary uses to permitted businesses on the first stories of these buildings. The proposed amendment further requires such uses be subject to approval of a Conditional Use Permit to ensure that parking and compatibility issues are fully addressed. ANALYSIS: A. Review Authority (Chapter 22.70) According to Development Code Section 22.70 public hearings are required before the Planning Commission and City Council for proposed development code amendments. The Planning Commission is required to make a recommendation to the City Council on whether to approve, approve in modified form, or disapprove the proposed amendment. Development Code Amendments are legislative actions subject to approval by the City Council through the adoption of ordinances. B. Proposed Code Amendment The C-3 (regional commercial) zoning designation is applied to areas appropriate for large-scale commercial uses serving residents and businesses within the region. The C-3 designation is intended to provide a broader range of goods and services than the C-1 and C-2 zones, which are primarily intended to serve the needs of Diamond Bar residents. Higher traffic volumes are usually associated with C-3 zoned properties, which provide the opportunity for these sites to attract sales tax revenue -generating uses. Educational uses are not permitted in the C-3 zoning district because they are not generally considered regional uses. The proposed Code Amendment would allow for the consideration of educational uses in the C-3 zone under the following circumstances: • Educational classes/training programs as the primary use (e.g. vocational school, computer training classes, etc.) shall be limited to the second floor and above. • Ancillary classes in conjunction with a permitted use on the first floor (e.g., music instruction at a musical instrument retail store) shall be limited to 15% of the gross leasable area occupied by a singe tenant, or 750 square feet, whichever is less. The proposed code amendment requires the establishment of educational uses in the C-3 zoning district to be subject to approval of a Conditional Use Permit (CUP). Page 2 DCA 2008-01 CUPS are already required for educational uses in the C-1, C-2 and I zones to enable the City to apply additional regulations to these uses in order to ensure that parking and compatibility issues area property addressed. Table 2-6 from Title 22 of the Diamond Bar Municipal Code has been amended to reflect the change in permitted uses, and is attached for reference. A total of 20 properties in the City are currently zoned C-3, and will be subject to the proposed Development Code Amendment. The code amendment will positively impact current properties by providing the opportunity for multiple story buildings to expand the types of uses that can locate on the second floor and above. Upper floor retail spaces are commonly used as offices and other uses that draw a limited regional customer base. Permitting educational uses will allow property owners to expand their leasing options on upper floors, while maintaining the retail emphasis at the first floor, and thus preserving the intent of the C-3 zone: Allowing limited educational uses in the first floor, when appropriate, could enhance the retail components of these businesses. The properties in the City that are zoned C-3 are listed below: APN# I Address/Location Business Single Story Buildings 8281-024-052 150 S. Diamond Bar Blvd. Chevron Gas Station 8281-010-049 206 S. Diamond Bar Blvd. Shell Gas Station 8281-010-050 218 S. Diamond Bar Blvd. Von's Center 8281-010-051 240 S. Diamond Bar Blvd 8281-010-054 300 S. Diamond Bar Blvd. Mobil Gas Station 8281-010-057 8281-010-058 324 S. Diamond Bar Blvd. Save On Center 8763-007-003 20655 Golden Springs Drive Strip Mall 8763-007-027 21095 Golden Springs Drive Chevron/McDonalds 8673-007-028 8763-007-010 20955 Golden Springs Drive Coco's Restaurant 8673-007-011 8673-007-012 20965 Golden Springs Drive Jack in the Box 8763-007-013 8763-007-008 20885 Golden Springs Drive Office Buildin 8763-007-025 20801 Golden Springs Drive LA!Fitne!ss Two-Sto Buildin s 8763-007-022 20657 Golden Springs Drive Goaza 8763-007-001 8763-007-004 20709 Golden Springs Drive Offldin 8763-007-026 20855Golden S rin s Drive Offuildin Page 3 DCA 2008-01 ►6 6 • 1-1C01:1CF_1NI0Ce i Public hearing notice was published in the San Gabriel Valley Tribune and the Inland Valley Daily Bulletin newspapers. The City has determined that this project is exempt from the provisions of the California Environmental Quality Act (CEQA), as prescribed under Section 15061(b)(3) of the CEQA Guidelines (no potential for causing a significant effect on the environment), therefore, no further environmental review is required. RECOMMENDATION: Staff recommends that the Planning Commission adopt a Resolution recommending approval of Development Code Amendment No. 2008-01 to the City Council. Prepared by: Katherine Laufenbu er Senior Planner Attachments: Reviewed by Greg Gubman, AICD Acting Community Development Director 1. Draft Resolution of Approval 2. Exhibit "A" - Amended Code Section 22. 10.030 Table 2-6 Page 4 DCA 2008-01 r • • • • 11.`1, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR RECOMMENDING TO THE CITY COUNCIL APPROVAL OF PROPOSED DEVELOPMENT CODE AMENDMENT NO. 2008-01 AMENDING TABLE 2-6 OF SECTION 22.10.030. A. RECITALS 1. On October 3, 2008, notice for this application was published in the Inland Valley Bulletin and the San Gabriel Valley Tribune. Pursuant to Planning and Zoning Law Government Code Section 65091 (a)(3), if the number of property owners to whom a public hearing notice would be mailed is greater than 1,000, a local agency may provide notice by placing a display advertisement of at least one-eighth page in at least one newspaper of general circulation. On October 3, 2008, the City placed a one-eighth page display advertisement in the above mentioned newspapers of general circulation. All persons wishing to testify at the public hearing in connection with said amendment were heard, and said amendment was studied; and 2. On October 14, 2008, the Planning Commission held a duly noticed public hearing on the proposed amendment to the Diamond Bar Development Code; and 3. The Director of Community Development has determined that the proposed code amendment does not have the potential for causing a significant effect on the environment as outlined in Section 15061(b)(3) of the California Environmental Quality Act (CEQA) Guidelines. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 1. This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby finds that the Application identified above in this Resolution, pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15061(b)(3) of the California Code Of Regulations and guidelines promulgated there under, is exempt and further environmental review is not required. 3. Based on the findings and conclusions set forth above, the Planning Commission hereby recommends that the City Council adopt Development Code Amendment No. 2008-01. The Planning Commission shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution to the City Council. APPROVED AND ADOPTED THIS 14th DAY OF OCTOBER 2008, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: _ / C� 1' Steve Nelson, Chairman I, Greg Gubman, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 14th day of October, 2008, by the following vote: AYES: Commissioners: NOES: Commissioners ABSENT: Commissioners: ABSTAIN: Commissioners: ATTEST: I / &wz Greg Gubman, Secretary VC/Torng, Lee, Chair/Nelson None Nolan, Shah None 2 Plannino Commission Resolution No. 2008-01 § 22.10.030 DIAMOND BAR, CODE KEY TO PERMIT REQUIREMENTS S mbol Permit Requirement by District Procedure is in Chapter C-1 I C-3 P See Standards LAND USE I FRaddiond OP OB (3) CO in Section: ional use permit required (2) 22.56 CUP Conditional use, conditional use 2.42.130 television antennas and wirelessmunications permit required Fabric product manufacturing Use not Allowed (see section antenna facilities (3) 2.04.020(h) regarding uses Food and beverage manufacturing Utility lines P P P KEY TO PERMIT REQUIREMENTS S mbol Permit Requirement Procedure is in Chapter C-1 Permitted use, zoning clearance C-3 P required (2) 22.46 Chemical product manufacturing Conditional use, minor condi- MUP ional use permit required (2) 22.56 CUP Conditional use, conditional use 22'58 permit required Fabric product manufacturing Use not Allowed (see section 2.04.020(h) regarding uses Food and beverage manufacturing not listed) Notes: (1) See article W for definitions of each of the land uses listed. (2) See chapter 22.48 for development review requirements for all uses. (3) Radio and television antennas and wireless telecommunications antenna facilities shall be permitted pursuant to the standards contained within. Ordinance No. 04(1999). (4) Use allowed only when accessory to an office use. (5) Shall be a minimum of 150 feet from any school. TABLE 2-6 ALLOWED USES AND PERMIT REQUIREMENTS FOR COMMERCIAL/INDUSTRIAL ZONING DISTRICTS Supp. No. 14, Rev CD22:1 Permit Requirement by District LAND USE (1) C-1 C-2 C-3 I See Standards n Section: MANUFACTURING & PROCESSING Chemical product manufacturing CUP Electronics, appliance, and equipment manufacturing P Fabric product manufacturing P Food and beverage manufacturing P Supp. No. 14, Rev CD22:1 DEVELOPMENT CODE Fama e f T1 Supp. No. 14, Rev CD22:2 Permit Requirement by District LAND USE (1) C-1 C-2 C-3 See t h Standards Section: Furniture and fixtures manufacturing, abinet shops P Glass product manufacturing P Handcraft industries P Laundry and dry cleaning plants CUP umber and wood product anufacturing P Metal products fabrication, machine/welding shops P Paper product manufacturing P Plastics and rubber product manufacturing P Printing and publishing I P Recycling -Reverse vending machines P P P Recycling -Small collection facility P P P Research and development (R&D) P Small scale manufacturing P Warehousing, wholesaling, and distribution P RECREATION, EDUCATION & PUBLIC ASSEMBLY USES Adult oriented businesses P 2.42.020 Clubs, lodges, and private meeting halls CUP CUP Community/cultural centers CUP Computer services/network gaming centers CUP CUP 2.42.35 Cultural facilities, libraries and museums P P P Health/fitness facilities CUP CUP Indoor amusement/entertainment facilities CUP CUP Outdoor recreation CUP Religious places of worship CUP CUP CUP CUP Schools -Private CUP CUP Schools -Public P P chooJs Specialized,education,CU,P ain_4, on degree CUF See (5) CUP Supp. No. 14, Rev CD22:2 § 22.10.030 DIAMOND BAR, CODE Supp. No. 14, Rev CD22:3 t Requirement by District LAND USE 1 See Standards C-3 1 n Section: Studios — Photograph, portrait, etc heaters, auditoriums, meeting hallsRETAIL TRADE USESIcoholic beverage sales, off-site (3) tC-2p P Icoholic beverage sales, off-site, in onjunction the sale of motoruel (3)Icoholic CUP beverage sales, on-site MUP rt, antique, collectable and gift salesuto and vehicle sales/rentaluto parts sales P uto sales, indoor only P Bakery, retail P P P Bars and night clubs CUP CUP CUP Building material stores P Certified farmers markets P Convenience stores P P P P Drive-in and drive-through sales CUP CUP CUP Fueling stations, gasoline, diesel, and lectric only P P P P Furniture, furnishings, and appliance tores P P General retail stores P P P Grocery stores P P Mobile home and recreational vehicle sales P Outdoor retail sales and activities P P 22.42.080 Petshops P P P Plant nurseries and garden supply tores P P Restaurants P P P Restaurants with outdoor dining MUP MUP MUP Retail sales CUP 2.16.070, 2.42.080 Second hand stores P P ervice stations P PFCU Shopping center CUP arehouse retail stores CUP ERVICE USES mbulance services P P P Supp. No. 14, Rev CD22:3 § 22.10.030 DIAMOND BAR, CODE Supp. No. 14 CD22:4 Permit Requirement by District LAND USE (1) C-1 C-2 C-3 1 See Sfandards n Section: utomated teller machines (ATMs) P P P Banks and financial services P P P ed and breakfast inns CUP CUP Business support services P P P Car wash CUP CUP Child day care centers CUP CUP CUP 2.42.040 Drive in and drive-through services CUP CUP CUP 2.42.050 Equipment rental (construction quipment, etc.) CUP CUP CUP Hotels and motels P P P Medical services -Clinics and labs P P P Medical services -Hospitals CUP CUP CUP Offices -Accessory to primary uses P P P ffices-Business and professional P P P Personal services P P P Personal services -Acupressure, assage therapy, tattoo parlors CUP CUP CUP Psychic reader P P P P Public safety facilities P P P P Public utility facilities P P P P Repair services P ervice stations P P P P torage, outdoor P P 2.42.090 torage, indoor P P ehicle services-Maintenancelminor epairs P P P ehicle services -Major repair/body ork CUP P eterinary clinics and animal hospitals CUP P RANSPORTATION & COMMUNICATIONS USES Heliports CUP Parking CUP CUP Radio and television antennas and ireless telecommunication antenna acilities 2.42.130 ransit stations and terminals P Utility lines P P P P ehicle and freight terminals CUP GUP Supp. No. 14 CD22:4 § 22.10.030 DIAMOND BAR, CODE KEY TO PERMIT REQUIREMENTS mbol Permit Re uirement Procedure is in Chapter P Permitted use, zoning clearance 22.46 equired (2) MUP onditional use, minor 22.56 onditional use permit required FS CUP onditional use, conditional 22.58 use permit required (2) Use not allowed (see section 2.04.020(h) regarding uses not listed) Notes: (1) See article VI for definitions of each of the land uses listed. (2) See chapter 22.48 for development review requirements for all uses. (3) Shall be a minimum of 150 feet from any school. (4) Radio and television antennas and wireless telecommunications antenna facilities; shall be permitted pursuant to the standards contained within Ordinance No. 04(1999). (Ord. No. 02(1998), § 2, 11-3-98; Ord. No. 04(1999), § 2, 3-2-99; Ord. No. 02(2000), 4-4-00; Ord. No. 02(2001), § 3, 11-6-01; Ord. No. 06(2002), §§ 1, 2, 5-7-02; Ord. No. 07(2003), 12-2-03; Ord. No. 04(2005), § B, 3-15-05) Sec. 22.10.040. Commercial/industrial district general development standards Subdivisions, new land uses and structures, and alterations to existing land uses and structures, shall be designed, constructed, and/or established in compliance with the requirements in Table 2- 7, in addition to the applicable development standards (e.g., landscaping, parking and loading, etc.) in article III (Site Planning and General Development Standards). TABLE 2-7 COMMERCIALIINDUSTRIAL DISTRICT GENERAL DEVELOPMENT STANDARDS Development Feature Requirement by Zoning District OP OB (4) CO Minimum lot area 1 6,000 sq.ft. Supp. No. 14 CD22 : 5 Setbacks required Minimum setbacks required for structures. See section 22.16.090 for etback measurement, allowed projections into setbacks, and exceptions to setbacks. See chapter 22.30 for required parking qathanks No. 14 CD22:6 WA Draft I I'Lt c, iWI'd- t�5 MINUTES OF OF DIAMOND :• • • •^ OCTOBER 0i .91 rel . FITNEW, 7.1 Development Code Amendment No. 2008-01 — Under the authority of Chapters 22.70 of the City of Diamond Bar Development Code, this was a request to amend Table 2-6 of Section 22.10.030 to allow limited educational uses in the C-3 Regional Commercial Zoning District. APPLICANT: Eden Dongsan Investments, Inc. 3751 N. Hermosa Place Fullerton, CA 92835 SP/Laufenburger presented staff's report and recommended Planning Commission approval of Development Review No. 2008-01, based on the Findings of Fact, and subject to the conditions of approval as listed within the resolution. Chair/Nelson asked for confirmation that this change would affect office buildings more than retail. SP/Laufenburger responded affirmatively in that the proposed amendment only allows ancillary educational uses on the ground floor of buildings in the C-3 zone. A second floor is generally not a good draw for retail uses so the educational use would be a 100 percent allowable use for the second floor and accordingly, the use would be reduced to 15 percent for the first floor. Chair/Nelson said he was trying to understand what effect this change would have on the City's receipt of sales tax income from retail sales. If this change primarily affects the office structures within the C-3 zone why would there be any educational non -retail use be allowed on the first floor? ACDD/Gubman explained that staff's intent is to first be mindful of the intent of the C-3 zone which is to provide space for regional tenants or tenants that will draw regional traffic in order to generate more tax revenue and also find a way to accommodate limited education uses because there are examples such as a music store or an art supply retailer that use tutoring/lessons as a platform to generate sales thus providing some synergy. Chair/Nelson asked if it was possible to restrict the uses in the zoning to something like music lessons as opposed to a tutoring operation. ACDD/Gubman said that he felt by definition it would because an educational use is being required on the first floor to only be ancillary to a permitted use. Chair/Nelson said he meant a retail use, hopefully. ACDD/Gubman responded that it would primarily apply to retail uses, but could also apply to real estate offices, which are permitted in the C-3 zone, which provide include real estate license instruction. The proposed amendment would exclude a Sylvan Learning Center, for example, or some other exclusively educational use because it is a primary use and by definition would not fit the C-3 zoning. C/Lee said staff's report did not provide information about the building and its proximity to other residences and commercial structures to his satisfaction. He asked if staff had a site plan or specific information about the building. ACDD/Gubman responded that staff was not proposing a zone change for a specific building or consideration of a use for a specific building. This proposal is to change regulations for all C-3 zoned properties. If this ordinance is adopted a potential applicant would be able to apply for a Conditional Use Permit to establish an educational use. Therefore, the Commission would not be obligated to approve an educational use in a location that was unsuitable. This ordinance would not specify that an educational use would be permitted in any particular location. VC/Torng referred to Table 2-6, Page 2 and clarified that the CUP would be shown on Page 2. He believed the fourth column should be Zone "I" for Industry. He said he wanted consistency so that on Page 2 the first table would be 1 and he did not understand "I" was not shown on Pages 3 and 4. There were no ex parte disclosures. Chair/Nelson opened the Public Hearing. With no one present who wished to speak on this item, Chair/Nelson closed the Public Hearing. VC/Torng motioned, C/Lee seconded, to approve Development Code Amendment No. 2008-01. Chair/Nelson said he felt the balance considerations were to provide opportunities for this kind of use and that there was obviously a demand for the uses. He really appreciated ACDD/Gubman's comments about the synergy and ancillary uses. On the other hand, he wants to make sure that individuals are not afraid to invest in Diamond Bar because the City's ordinances and zoning codes are too strict and prevent lease out of the spaces. Motion carried by the following Roll Call vote: C•I�3C•7:3�tiC��� rI , , AYES: COMMISSIONERS: VC/Torng, Lee, Chair/Nelson NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Nolan, Shah a Y.3 /.aoarr rrs r''/i ,i i11. 3J!J3- v"ifld=.'r til:,' aaiiroriiy of (-;ilip �z,'r 32,!43 Of tfl3 f/,.. ky Of Jlalflorld JLir Di: )'61UPrfl3fli Ccd=.:, UHE; 'r1Li3 a r '.IU ' i 10 L'Ofl3ir�JO't ifir�3 fl--J''�il d-.;cic:;/ua{GOr�il33 i0iallfl� 30J0 3'.IUar3 f33i Ofl tfl;E�f�=1f Of an ti3iiny 5)3J'I 3'.IUaf3 Lfnily r33id3nc.3 IocLiizd in lhn Rural f,c41demii l �PP) aurl�. �� P F1i0 =f(F( 01/1/I`IZ fi: �oJI �1��� frail Diarrund Sar, CA 9'I Dlpac and rlafJrllia rro�rll X03/ ala_:., gall ,r Diamond Dar, qZ 917E;E, �A��! IC'�AI`f Cirnan Silur�' 20972 G rf3y r cad fi- lnuA 9'1739 �R ! LiuP3rluar��r pr'33ni�d 3iaii'3�,�cri arld r::currurl�nd d �lanrliny rnrni cion appro/al or 1J3v lapry n! F '/i',/ No. 21 Jai J on rlfldlfl!f3 Of raC:t, afld 3Ubj�0'i i0 !fl-/_',/�Orl'alilOfl3 Jf a�J�Jr''J'l�ll J31ie3i�!� b'/lifllfl ill f330IUi{Ofl. CflairiHj 1:;0r1'v'l=1fl!?.>!a lo;uiov/JtO iSfIJ'vY'vlf{-Ai hie, ori:;!rucii�fl r --AG d Ind flOrn fiat 3,ii- ill !flz' CjI y iNE; prr Pj ,—tv'iould or could fi3 'd131f7{� Ci t�/� aUfarlJUr 3f raid ii --/a3 not ai3iul3 ir'rn Jiarncnd Dar Sou{ larJ`. Sr/Laai n�ur� r z�,splaifi :A iflat ifl3 pmj3v. rac33 a vacant canyon andel l3r3 is :.all VDI--U(It Iafld ;3rlirld iil3 3irUaiur3. ,f i C)Lue a31t d if Sia ilad a carlc3pival fand3capm� plan 30 illat he 1-0u{d rfl0f3 Of ifl3 Ilfli3f 3d pr'cduc'i. r{3 1=�1i 3iaff'3 r-.'��.lOf!'w'/J:, IaL'i11f1(J IflfJfff{ail!:(fl grid d'iall Lind aid iflai ifl3 fV3Xt ilrfl3 ifl3f3 Ll' ; Lill-JdiiiOm Or pfOjz-,, fie OJId IIiS3 !O v' 13! 1{3d plarl3'v'/l!fl fOf{'�!'a l I fIJ3L'a( 3'Jra'v-11f4j Ul'J oiil3r J3iai13 Ciuirh`13i3on 3zplain d iii r Ula pfirrlary Focus Of iil3 E,i Inning �.!lfflffllEi3f� 1 13 !0 addf=�33 l=lfl!� Jia=.::i w �J Gfi�J 3:i. (•fl=_: 6� ,!=111 of 1f43 building l:.; flit 30rr1-_fli1rl iflLii is viiihirl thli 96fflffll3',IOfI3 p'J v. HI,L 'i-15 fl!)! 3Ugg3, Jung iflat CYL33 COU{d flUt ta' afl Ifif3f33t Ifl !f1033 d3tal'1=+ JUt'v'la3... lerel NJ rt I ii • o e IN,"of est Side l . I1 • fr [ i , 6 a A. RECITALS 1. On October 3, 2008, notice for this application was published in the Inland Valley Bulletin and the San Gabriel Valley Tribune. Pursuant to Planning and Zoning Law Government Code Section 65091 (a)(3), if the number of property owners to whom a public hearing notice would be mailed is greater than 1,000, a local agency may provide notice by placing a display advertisement of at least one-eighth page in at least one newspaper of general circulation. On October 3, 2008, the City placed a one-eighth page display advertisement in the above mentioned newspapers of general circulation. All persons wishing to testify at the public hearing in connection with said amendment were heard, and said amendment was studied; and 2. On October 14, 2008, the Planning Commission held a duly noticed public hearing on the proposed amendment to the Diamond Bar Development Code; and 3. The Director of Community Development has determined that the proposed code amendment does not have the potential for causing a significant effect on the environment as outlined in Section 15061(b)(3) of the California Environmental Quality Act (CEQA) Guidelines. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 1. This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby finds that the Application identified above in this Resolution, pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15061(b)(3) of the California Code Of Regulations and guidelines promulgated there under, is exempt and further environmental review is not required. 3. Based on the findings and conclusions set forth above, the Planning Commission hereby recommends that the City Council adopt Development Code Amendment No. 2008-01. The Planning Commission shall:. (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution to the City Council. APPROVED AND ADOPTED THIS 14th DAY OF OCTOBER 2008, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: Steve Nelson, Chairman I, Greg Gubman, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 14th day of October, 2008, by the following vote: AYES: Commissioners: NOES: Commissioners ABSENT: Commissioners: ABSTAIN: Commissioners ATTEST: Greg Gubman, Secretary VC/Torng, Lee, Chair/Nelson None Nolan, Shah None 2 Planning Commission Resolution No. 2008-01 § 22.10.030 DIAMOND BAR, CODE KEY TO PERMIT REQUIREMENTS S mbol Permit Requirement by Procedure is in Chapter P District 22.46 1 required (2) PLANDUSE111 G & PROCESSING manufacturingnce, See Standards LAND USE (1 OP OB 3 CO n Section: Conditional use, conditional use 22'58 permit required 2.42.130 Radio and television antennas and wireless Use not Allowed (see section 2.04.020(h) regarding uses elecommunications antenna facilities (3) Food and beverage manufacturing not listed) Utility lines P P KEY TO PERMIT REQUIREMENTS S mbol Permit Requirement Procedure is in Chapter P Permitted use, zoning clearance 22.46 1 required (2) PLANDUSE111 G & PROCESSING manufacturingnce, Conditional use, minor condi- MUP ional use permit required (2) 22.56 CUP Conditional use, conditional use 22'58 permit required Fabric product manufacturing Use not Allowed (see section 2.04.020(h) regarding uses Food and beverage manufacturing not listed) Notes: (1) See article W for definitions of each of the land uses listed. (2) See chapter 22.48 for development review requirements for all uses. (3) Radio and television antennas and wireless telecommunications antenna facilities shall be permitted pursuant to the standards contained within. Ordinance No. 04(1999). (4) Use allowed only when accessory to an office use. (5) Shall be a minimum of 150 feet from any school. TABLE 2-6 ALLOWED USES AND PERMIT REQUIREMENTS FOR COMMERCIAL/INDUSTRIAL ZONING DISTRICTS Supp. No. 14, Rev CD22:1 Permit Requirement by District USE (1) C-1 C-2 C-3 1 See Standards h Section: PLANDUSE111 G & PROCESSING manufacturingnce, and equipment Fabric product manufacturing P Food and beverage manufacturing P Supp. No. 14, Rev CD22:1 DEVELOPMENT CODE � Supp. No. 14, Rev CD22:2 Permit Requirement by District See Standards LAND USE (1) C-1 C-2 C-3 I h Section: Furniture and fixtures manufacturing, P abinet shops Glass product manufacturing P Handcraft industries P Laundry and dry cleaning plants CUP Lumber and wood product P manufacturing Metal products fabrication, P machine/welding shops Paper product manufacturing P Plastics and rubber product P manufacturing Printing and publishing P Recycling -Reverse vending machines P P P Recycling -Small collection facility P P P Research and development (R&D) P Small scale manufacturing P Warehousing, wholesaling, and P distribution RECREATION, EDUCATION & PUBLIC ASSEMBLY USES Adult oriented businesses P 2.42.020 Clubs, lodges, and private meeting CUP CUP halls Community/cultural centers CUP Computer services/network gaming CUP CUP 2.42.35 centers Cultural facilities, libraries and P P P museums Health/fitness facilities CUP CUP Indoor amusementlentertainment CUP CUP facilities Outdoor recreation CUP Religious places of worship CUP CUP CUP CUP Schools -Private CUP CUP Schools -Public P P Schools Speaalizetl education and CUP CUP' See CUP alnin'on degree ( ) Supp. No. 14, Rev CD22:2 § 22.10.030 DIAMOND BAR, CODE Supp. No. 14, Rev CD22:3 Permit Requirement by District LAND USE 1 C-1 C-2 C-3 �See Standards 1 Section: Studios—Photograph, portrait, etc CUP CUP heaters, auditoriums, meeting halls CUP CUP RETAIL TRADE USES Icoholic beverage sales, off-site (3) P P P Icoholic beverage sales, off-site, in onjunction the sale of motor uel (3) CUP CUP CUP Icoholic beverage sales, on-site MUP MUP MUP rt, antique, collectable and gift sales P P P uto and vehicle sales/rental CUP uto parts sales P P uto sales, indoor only P Bakery, retail P P P Bars and night clubs CUP CUP CUP Building material stores P Certified farmers markets P Convenience stores P P P P Drive-in and drive-through sales CUP CUP CUP Fueling stations, gasoline, diesel, and electric only P P P P Furniture, furnishings, and appliance tores P P General retail stores P P P Grocery stores P P Mobile home and recreational vehicle lretail P sales and activities P P 2.42.080 s P P P series and garden supply r P P nts P P P nts with outdoor dining MUP MUP MUP Retail sales CUP 2.16.070, 2.42.080 Second hand stores P P Service stations P P P Shopping center CUP CUP Warehouse retail stores CUP SERVICE USES mbulance services P P P Supp. No. 14, Rev CD22:3 § 22.10.030 DIAMOND BAR, CODE Supp. No. 14 CD22:4 Permit Requirement by District AND USE (1) C-1 C-2 C-3 1 See Standards n Section: ed teller machines (ATMs) P P P nd financial services P P P breakfast inns Mnn CUP CUPs support services P P P h CUP CUP y care centers CUP CUP CUP 2.42.040 and drive-through services CUP CUP CUP 2.42.050 ent rental (construction nt, etc.) CUP CUP CUP Hotels and motels P P P Medical services -Clinics and labs P P P Medical services -Hospitals CUP CUP CUP ffices-Accessory to primary uses P P P Offices -Business and professional P P P Personal services P P P Personal services -Acupressure, massage therapy, tattoo parlors CUP CUP CUP Psychic reader P P P P Public safety facilities P P P P Public utility facilities P P P P Repair services P ervice stations P P P P Storage, outdoor P P 22.42.090 torage, indoor P P ehicle services-Maintenance/minor repairs P P P ehicle services -Major repair/body ork CUP P eterinary clinics and animal hospitals CUP P RANSPORTATION & COMMUNICATIONS USES Heliports CUP Parking CUP CUP Radio and television antennas and ireless telecommunication antenna acilities 2.42.130 ransit stations and terminals P Utility lines P P P P ehicle and freight terminals CUP CUP Supp. No. 14 CD22:4 § 22.10.030 DIAMOND BAR, CODE KEY TO PERMIT REQUIREMENTS S mbol Permit Re uirement Procedure is in Chapter P Permitted use, zoning clearance 22.46 required (2) MUP Conditional use, minor 22.56 onditional use permit required CUP Conditional use, conditional 22.58 use permit required (2) Use not allowed (see section 2.04.020(h) regarding uses not listed) Notes: (1) See article VI for definitions of each of the land uses listed. (2) See chapter 22.48 for development review requirements for all uses. (3) Shall be a minimum of 150 feet from any school. (4) Radio and television antennas and wireless telecommunications antenna facilities; shall be permitted pursuant to the standards contained within Ordinance No. 04(1999). (Ord. No. 02(1998), § 2, 11-3-98; Ord. No. 04(1999), § 2, 3-2-99; Ord. No. 02(2000), 4-4-00; Ord. No. 02(2001), § 3, 11-6-01; Ord. No. 06(2002), §§ 1, 2, 5-7-02; Ord. No. 07(2003), 12-2-03; Ord. No. 04(2005), § B, 3-15-05) Sec. 22.10.040. Commercial/industrial district general development standards Subdivisions, new land uses and structures, and alterations to existing land uses and structures, shall be designed, constructed, and/or established in compliance with the requirements in Table 2- 7, in addition to the applicable development standards (e.g., landscaping, parking and loading, etc.) in article III (Site Planning and General Development Standards). TABLE 2-7 COMMERCIAL/INDUSTRIAL DISTRICT GENERAL DEVELOPMENT STANDARDS Development Feature Requirement by Zoning District OP OB (4) CO = Minimum lot area 1 6,000 sq.ft. Supp. No. 14 CD22 : 5 r acks required Minimum setbacks required for structures. See section 22.16.090 for etback measurement, allowed projections into setbacks, and exceptions to setbacks. See chapter 22.30 for required parking No. 14 CD22:6 Agenda # 8.1 Meeting Date: November 18, 2008 CITY COUNCIL ` 1" AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Manae TITLE: AWARD CONTRACT TO HILT FARNKOPF & HOBSON, LLC (HF&H) IN THE AMOUNT OF $150,000 FOR AS -NEEDED SOLID WASTE NEGOTIATION OR REQUEST FOR PROPOSAL SERVICES RECOMMENDATION: Award Contract. FINANCIAL IMPACT: Approphate from General Fund Reserve. It is typical in the industry for costs to be reimbursed by solid waste haulers as an administrative fee for the amount the City incurred in connection with entering the Agreement. BACKGROUND / DISCUSSION: Our ten (10) year contract with Valley Vista Services and Waste Management Inc. are coming Ito an end in August 2010. The residential and commercial solid waste and recycling services contracts are designed to protect and enhance the environment we live in. For such an important contract, the City will need expert assistance in negotiating and/or developing favorable contract terms that will address the future solid waste and recycling needs for Diamond Bar residents and businesses. Proposals to provide solid waste contracting assistance were received and evaulated from the following consulting firms: D. Edwards Incorporated (Hourly Rate $75-$225), Economics ($66,810), Hilton Farnkopf & Hobson ($90,000-$110,000), Huls Environmental Management ($20,000), and MSW Consultants ($26,500). HF&H has a long history of successful negotiations of solid waste service agreements with Waste Management on behalf of other jurisdictions and audited both Waste Management and Valley Vista in 2005 on behalf of the City. They are familiar with the solid waste rates, services, and programs implemented throughout Southern California and are experts in the procurement of services agreements for refuse, recycling and green waste collection, material processing services, and disposal. During the October 16, 2008 Solid Waste Subcommittee Meeting, the Subcommittee member recommended awarding solid waste contracting assistance services to HF&H and keeping parallel tracks for preparations of a Request for Proposals (RFP) packet for immediate release in the case that the outcome of the negotiations are not favorable. The proposed fee amount of $150,000 includes both the negotiation and/or competitive proposal process. PREPARED BY: Joyce Lee, Senior Management Analyst REVIEWED Dav G. 0<, P.E. Director of Public Works Attachments: Consulting Services Agreement HF&H proposal of September 25, 2008 Page 2 of 2 CONSULTING SERVICES AGREEMENT THIS AGREEMENT is made and entered into this day of November 2008 by and between the City of Diamond Bar, a municipal corporation ("City") and HF&H Consultants, LLC, ("Consultant"). RECITALS A. CITY has heretofore issued its verbal Request for Proposal pertaining to the performance of professional services with respect to Solid Waste Contracting Assistance and by this reference made a part hereof. B. CONSULTANT has now submitted its proposal for the performance of such services, a full, true and correct copy of which is attached hereto as Exhibit "A" and by this reference made a part hereof. C. Consultant represents that it is fully qualified to perform such consulting services, by virtue of its experience and the training, education and expertise of its principals and employees. NOW, THEREFORE, in consideration of performance by the parties of the covenants and conditions herein contained, the parties hereto agree as follows: 1. Consultant's Services. The nature, level and scope of the specific services to be performed by Consultant are as described in Exhibit "A" the Consultant's Response, dated September 25, 2008. 2. Term of Agreement. This Contract shall take effect November , 2008, unless earlier terminated pursuant to the provisions herein. 3. Compensation. City agrees to compensate Consultant for each service which Consultant performs to the satisfaction of City in compliance with the schedule set forth in Exhibit "B." Payment will be made only after submission of proper invoices in the form specified by City. Total payment to Consultant pursuant to this Agreement shall not exceed one hundred and fifty thousand ($150,000). 4.. General Terms and Conditions. In the event of any inconsistency between the provisions of this Agreement and Consultant's proposal, the provisions of this Agreement shall control. 5. Addresses. City: City Manager City of Diamond Bar 21660 East Copley Drive Suite 100 Diamond Bar, CA 91765-4177 Consultant: Laith Ezzet HF&H Consultants, LLC 2990 Westerly Place, Suite 195 Newport Beach, Ca 92660 05. Status as Independent Consultant. A. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City. B. Consultant agrees to pay all required taxes on amounts paid to Consultant under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. In the event that City is audited by any Federal or State agency regarding the independent contractor status of Consultant and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between City and Consultant, then Consultant agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto. C. Consultant shall fully comply with the workers' compensation law regarding Consultant and Consultant's employees. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this Section 6. 7'. Standard of Performance. Consultant shall perform all work at the standard of care and skill ordinarily exercised by members of the profession under similar conditions. 8. Indemnification. Consultant agrees to indemnify the City, its officers, agents, volunteers, employees, and attorneys against, and will hold and save them and each of them harmless from, and all actions, claims, damages to persons or property, penalties, obligations, or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision or other organization arising out of the acts, errors or omissions of Consultant, its agents, employees, subcontractors, or invitees, including each person or entity responsible for the provision of services hereunder. In the event there is more than one person or entity named in the Agreement as a Consultant, then all obligations, liabilities, covenants and conditions under this Section 8 shall be joint and several. 9. Insurance. Consultant shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company admitted to do business in California and approved by the City (1) a policy or policies of broad -form comprehensive general liability insurance with minimum limits of $1,000,000.00 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Consultant, its officers, employees, agents, and independent contractors in performance of services under this Agreement; (2) property damage insurance with a minimum limit of $500,000.00; (3) automotive liability insurance, with minimum combined single limits coverage of $500,000.00; (4) professional liability insurance (errors and omissions) to cover or partially cover damages that may be the result of errors, omissions, or negligent acts of Consultant, in an amount of not less than $1,000,000 per occurrence; and (5) worker's compensation insurance with a minimum limit of $500,000.00 or the amount required by law, whichever is greater. City, its officers, employees, attorneys, and volunteers shall be named as additional insureds on the policy(ies) as to comprehensive general liability, property damage, and automotive liability. The policy (ies) as to comprehensive general liability, property damage, and automobile liability shall provide that they are primary, and that any insurance maintained by the City shall be excess insurance only. A. All insurance policies shall provide that the insurance coverage shall not be non -renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City thirty (30) day's prior written notice thereof. Consultant agrees that it will not cancel, reduce or otherwise modify the insurance coverage. B. All policies of insurance shall cover the obligations of Consultant pursuant to the terms of this Agreement; shall be issued by an insurance company which is admitted to do business in the State of California or which is approved in writing by the City; and shall be placed with a current A.M. Best's rating of no less that A VII. C. Consultant shall submit to City (1) insurance certificates indicating compliance with the minimum worker's compensation insurance requirements above, and (2) insurance policy endorsements indicating compliance with all other minimum insurance requirements above, not less that one (1) day prior to beginning of performance under this Agreement. Endorsements shall be executed on City's appropriate standard forms entitled "Additional Insured Endorsement", or a substantially similar form which the City has agreed in writing to accept. 10. Confidentiality. Consultant in the course of its duties may have access to confidential data of City, private individuals, or employees of the City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. Notwithstanding the foregoing, to the extent Consultant prepares reports of a proprietary nature specifically for and lin connection with certain projects, the City shall not, except with Consultant's prior written consent, use the same for other unrelated projects. '11. Ownership of Materials. All materials provided by Consultant in the performance of this Agreement shall be and remain the property of City without restriction or limitation upon its use or dissemination by City. 112. Conflict of Interest. A. Consultant covenants that it presently has no interest and shall not acquire any interest, director or indirect, which may be affected by the services to be performed by Consultant under this Agreement, or which would conflict in any manner with the: performance of its services hereunder. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement. B. Consultant covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of hardware or software to City as a result of the performance of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. 13. Termination. Either party may terminate this Agreement with or without cause upon fifteen (15) days' written notice to the other party. However, Consultant shall not terminate this Agreement during the provision of services on a particular project. The effective date of termination shall be upon the date specified in the notice of termination, or, in the event no date is specified, upon the fifteenth (15th) day following delivery of the notice. In the event of such termination, City agrees to pay Consultant for services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written notice of termination, Consultant shall discontinue performing services. 14. Personnel. Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Consultant or under it supervision, and all personnel engaged in the work shall be qualified to perform such services. Consultant reserves the right to determine the assignment of its own employees to the performance of Consultant's services under this Agreement, but City reserves, the right, for good cause, to require Consultant to exclude any employee from performing services on City's premises. 1;5. Non -Discrimination and Equal Employment Opportunity. A. Consultant shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement, and will comply with all rules and regulations of City relating thereto. Such nondiscrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. B. Consultant will, in all solicitations or advertisements for employees placed by or on behalf of Consultant state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or menial handicap, medical condition, or sexual orientation. C. Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials. 16. Assignment. Consultant shall not assign or transfer any interest in this Agreement nor the performance of any of Consultant's obligations hereunder, without the prior written consent of City, and any attempt by Consultant to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect. 17. Performance Evaluation. For any contract in effect for twelve months or longer, a written annual administrative performance evaluation shall be required within ninety (90) days of the first anniversary of the effective date of this Agreement, and each year thereafter throughout the term of this Agreement. The work product required by this Agreement shall be utilized as the basis for review, and any comments or complaints received by City during the review period, either orally or in writing, shall be considered. City shall meet with Consultant prior to preparing the written report. If any noncompliance with the Agreement is found, City may direct Consultant to correct the inadequacies, or, in the alternative, may terminate this Agreement as provided herein. 18. Compliance with Laws. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. 19. Non -Waiver of Terms, Rights and Remedies. Waiver by either party of any one: or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 20. Attorney's Fees. In the event that either party to this Agreement shall commence any legal or equitable action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees and costs, including costs of expert witnesses and consultants. 21. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during regular business hours or by facsimile before or during regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section. '?2. Governing Law. This Contract shall be interpreted, construed and enforced in accordance with the laws of the State of California. 23. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument. 24. Entire Agreement. This Agreement, and any other documents incorporated herein by specific reference, represent the entire and integrated agreement between Consultant and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by the City Manager or the Mayor and attested by the City Clerk. 25. Exhibits. All exhibits referred to in this Agreement are incorporated herein by this reference. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. 11city" ATTEST: By: Tornmye Cribbins, City Clerk Approved as to form: City Attorney CITY OF DIAMOND BAR in Jack Tanaka, Mayor HF&H Consultants, LLC By: Laith Ezzet, Senior Vice President 3990 Westerly Place, Suite 195 Newport: Beach, California 92660 Telephone: 949/251-9629 Fax: 949,1251-9741 unmv.lif h -consultants. coni September 25, 2008 Ms. Joyce Lee Senior Management Analyst City of Diamond Bar 21825 Copley Drive Diamond Bar, California 91765 Re: Proposal to Provide Solid Waste Contracting Assistance Dear Ms Lee: Services to Municipal Management Robert D. Hilton John W. Famkopf Laith B. Ezzet Richard J. Simonson HF&H Consultants, LLC (HF&H) is pleased to submit this proposal to the City of Diamond Bar (City) to provide solid waste contracting assistance. HF&H has a long history of successfully providing contracting assistance exclusively to local governments. We believe that HF&H brings the following unique qualifications and benefits to the City: 1. We audited both Waste Management and Valley Vista Services for the City of Diamond Bar in 2005. As a result, we are familiar with both companies and the services they provide in Diamond Bar. 2. We are experts in the procurement and negotiation of solid waste services agreements, having assisted more than 50 California jurisdictions with the development of RFP's and agreements, evaluation of proposals, and negotiation of solid waste services agreements for refuse, recycling and green waste collection, material processing services, and disposal. In some of our competitive procurements, costs to the ratepayers have been reduced by as much as 40%. 3. Our municipal focus ensures that we meet the needs of public agencies and officials. HF&H does not work for private waste haulers order to avoid conflicts of interest that may arise in firms that attempt to serve both the public and private sectors. We believe this independence is particularly important for objective proposal evaluation and effective negotiations during the procurement of a solid waste services agreement. 4. HF&H has a history of developing attainable and enforceable recycling plans for its clients. In 2000, we assisted the City of Los Angeles in developing a program -specific plan to reach 70% diversion. Our collection contracts included not only city-wide diversion goals, but specific, measurable requirements for tonnage under the hauler's control. 5. In addition to our extensive experience assisting public agencies with the specific services your City has requested, we also have a broad base of experience assisting Ms. Joyce ]Lee September 25, 2008 Page 2 of Aces W Municipal Management approximately 250 California cities and counties with planning, implementation, evaluation, and monitoring of their solid waste collection, diversion, and disposal programs. As a result, we are intimately familiar with the requirements for cost effective solid waste program planning, and understand the related public policy issues that must be addressed to make individual programs successful. 6. We are familiar with the solid waste rates, services, and programs implemented throughout Southern California as a result of our previous projects and on-going surveys of 200 cities in the counties of Los Angeles, Orange, Riverside, San Bernardino, San Diego and Ventura. As a result, we understand current trends in the local solid waste industry and we are familiar with the capabilities of the potential proposers. 7. Our staff includes accountants, economists and public policy experts. The varied backgrounds of our consultants provides substantial added value to our clients, value that can rarely be achieved by individual engineering, accounting, or management consulting firms. HF&H provides clients with the breadth of experience of a national firm with the responsiveness, accountability, and personal commitment of a local firm. 8. The engagement will be managed and staffed from our Southern California office, making our staff readily available to participate in project meetings in a cost-effective mangier. Thank you for the opportunity to provide you with this information. We look forward to an opportunity to meet with you and the appropriate City staff to present our proposal, and learn how we might best assist the City. If you have any questions, please contact me at (949) 251-8902 or lezzet@hfh-consultants.com. Very truly yours, HF&H CONSULTANTS, LLC - --- L—a t1T-Eznt–CMC - Senior Vice President Citi of Diamond Bar Table of Contents Proposal to Provide Solict J;,Vaste Contracting Assistance TABLE OF CONTENTS SECTION 1: SCOPE OF WORK AND FEE ESTIMATE ....................................... .................. 1 SECTION2: FEES AND BILLING..........................................................................................5 SECTION3: SCHEDULE.......................................................................................................7 SECTION4: FIRM INFORMATION........................................................................................8 SECTION5: PROJECT TEAM.............................................................................................11 SECTION 6: EXPERIENCE AND REFERENCES................................................................14 EXHIBITS A. HF&H Service Brochures B. Client List C. Staff Resumes D. Letters of Reference HF&H Consultants, LLC i September 25, 2008 City of Diamond Bar Section 1: Scope of Work and Fee Estimate Proposal to Prozide Solid Waste Contracting Assistance SECTION 1: SCOPE OF WORK AND FEE ESTIMATE OPTION 1: FEE ESTIMATE TO RENEGOTIATE AGREEMENTS WITH WASTE MANAGEMENT AND VALLEY VISTA SERVICES - $90,000 TO $110,00() Waste Management provides exclusive residential solid waste collection services and Valley Vista Services provides exclusive commercial solid waste collection services in the City of Diamond Bar. The goal of this option would be to renegotiate the City's residential and commercial franchise agreements with the existing contractors in order to obtain two comprehensive, state-of-the-art agreements with services that meet the needs of the City's customers, and position the City to be in full compliance with current and proposed waste diversion requirements and other legislation. We will initiate the process by reviewing the City's existing franchise agreements, including; amendments, and profile them against the terms and conditions contained in a modern agreement in order to identify potential service enhancements and improvements to contract terms. We will subsequently confirm with City staff and/or the City's solid waste subcommittee the desired service and contract enhancements, and document the City's direction in writing. This will provide the outline for the updated franchise agreements. We will subsequently prepare a draft residential franchise agreement and draft commercial franchise agreement for the desired services and contract terms. City staff, including the City Attorney, will subsequently review the draft agreements, and the City will be responsible for consolidating comments from the City's various reviewers into a single "redline" of the agreement, which we will then use to prepare updated draft agreements. We recommend that the draft agreements be provided to Waste Management and Valley Vista Services documenting the City's desired services and contract terms. The contractors can then propose rates that are consistent with the City's desired terms and condi.tions_contained_in_the_draft_agreements. T1ie_result-of-the_contactorsLr-evie_w_ _of -the._ agreements will likely be a series of points that they desire to address and proposed rates that may or may not be satisfactory. HF&H will then assist in negotiating reasonable rates. We will also work with City staff to guide the City through its determination of which service provider concerns are minor and which are valuable enough not to negotiate away without a substantial offsetting gain for the City. liF&H ccsisiiIf(717ts, LLC 7 September 25, 200S Cihj of DIa171oud Bal, Sectio77 1: Scope of I'Vork aivl Fee Estin7ate Proposal to Provide Soliti iNaste Col7tra.Ct717o AssiStan.ce Service statistics, such as the number of customers, container size and frequency of collection, can be used to determine the overall value of the contract at proposed rates. Typically, we determine and compare the overall current compensation to the service provider at current rates to the renegotiated rates in order to demonstrate the true overall financial impact to the rate payer. For example, a decrease in the rate for a common service level is more valuable than a decrease in a rate for a service that is seldom used. With the proper data, we can compare the overall proposed company compensation on a similar basis with a few other comparable jurisdictions. Our work products for this task will be: • Preparation of a negotiation draft of the residential and cornrnercial franchise agreements documenting the City's desired services, terms and conditions. • An analysis of the proposed rates to be used by the City's negotiating committee. • Participation in negotiation sessions with City staff and the contractors. • Preparing "redline" versions of the draft agreement to reflect the results of the negotiations. ■ Presenting the final negotiated agreements to the City Council. Because the complexity of the negotiations and the number of issues to be negotiated cannot be known in advance, the project costs cannot be precisely estimated. Based on our experience in other cities, we estimate the cost to be between $45,000 and $55,000 per agreement, or $90,000 to $110,000 for both the residential and commercial agreements. OPTIO 2e FEE ESTE MATE FOR COST OF SERVICE STUDY a $30,000 TO $40,1000 If there is uncertainty whether the current or proposed rates are reasonable, and if the rate comparisons to other jurisdictions do not provide sufficient information for the City t�eterrrune w Zether the rates are reasonaCr cou worm a cost o service study, with the contractors' cooperation and support, to evaluate the reasonableness of the current rates. This would require Waste Management and Valley Vista Services to "open their books" to the City in order to verify current rate revenues and operating costs. This would allow the City to analyze each Contractor's actual cost of providing service, and to compare the profitability of the Diamond Bar operations to industry averages. Additionally, if significant service changes are proposed to collection operations, we would need to estimate the impact of the proposed service HF&,q Consultants, LLC September 25; 2008 City of Diomrnzd Bar Section 1: Scope of Work and Fee Estimate Proposal to Provide Solid Waste Contracting Assistance changes on the cost of operations. The estimated cost to perform this work is $15,000 to $20,000 per hauler, assuming that we also perform the negotiation assistance described in Option 1. This is an additional task that mayor not be performed depending on the City's needs and the cooperation of the contractors. OPTION 3: FEE ESTIMATE FOR COMPETITIVE PROPOSAL PROCESS $110,000 TO $150,000 If the City prefers to seek competitive proposals rather than to renegotiate with Waste Management, our estimated cost to manage the process for the City is $110,000 to $150,000. Our services would include: • Reviewing in detail the current service arrangements and existing contract terms. ■ Confirming the desired services with City staff and the City Council prior to developing the RFP. • Preparing a draft RFP with separate residential and commercial franchise agreements for review by City staff, the City Attorney, and potential proposers for continent. The RFP will be structured so proposers can propose on the residential and commercial services separately, and propose a discount if awarded both contracts. ■ Contacting potential proposers via telephone to determine their interest in proposing on the City's RFP, and soliciting feedback regarding the draft documents. ■ Revising the RFP and franchise agreements after reviewing submitted comments. ■ Distributing the RFP to potential proposers based on our knowledge of likely proposers. We will also provide the documents to the waste haulers' association and other organizations that may ensure a wider distribution. • Conducting a pre -proposal conference and preparing an addendum to answer questions submitted by the attendees. ■ Evaluating the proposals and preparing a draft evaluation report. ■ Sending the evaluation section related to each company's proposal to that proposer for :review to confirm our understanding of their proposal. HF&H Consultants, LLC 3 Septemi-)er25, 2005 City of Diamond Bar Section l: Scope of l�l767k and Fee Estimate Proposal to Provide Solict bVnste Contracting Assistance ■ Interviewing top ranked proposers. ■ Briefing the City's solid waste subcommittee on the results of the evaluation prior to negotiating final agreements with top ranked proposers. ■ Negotiating and finalizing franchise agreements with the proposer(s) selected by the City's evaluation committee for final consideration. ■ Presenting the recommended proposers and final agreements to the City Council for consideration and possible award. This estimate assumes that a single service option is proposed upon in the RFP for each contract (residential and commercial). Limiting the RFP to one desired service option will maximize the likelihood that contractors will propose on the City's RFP, and it will make the proposal evaluation and selection process much clearer for City staff and the City Council. The fee estimate assumes that a maximum of five proposals will be evaluated. Additional proposals will be reviewed at a cost of $5,500 each. Note: If the City attempts to negotiate unith Waste Management and Valley Vista Services first under Option 1, and those negotiations are unsuccessful, the subsequent cost for the competitive proposal process under Option 3 would be reduced because a portion of the work performed under Option 1 zvould benefit Option 3. HF,SH Co mI tantS, LLC September 25, 2008 Cihj o f Diamond Bar Section 2: Fees and Billing Proposal to .Proz>ide Solid Waste Contracting Assistance SECTION 2: FEES AND BILLING FEE ESTIMATE ASSUMPTIONS AND LIMITATIONS In order to provide our services at minimum cost, the fee estimates for all of the options described above assume that any public outreach or public involvement activities associated with the effort, such as customer surveys and/or community workshops, is performed by City staff. Of course, we would be happy to lead or participate in such public outreach activities if requested and adjust our fee estimate accordingly. Under Options 1 and 3, the City attorney will be responsible for obtaining documentation from the contractor for insurance/bonds and the parent -company guaranty, and obtaining required signatures. BILLING We will assist the City based on time and materials, and our actual costs could be lower or higher than the amounts estimated above, depending on the level of effort required. We will lbill you once per month based on the number of hours worked multiplied by our hourly billing rates, plus out-of-pocket expenses incurred. Hourly rates for our consultants through December 31, 2008 are as follows and are subject to a $5.00 per hour adjustment on January 1, 2009. Senior Vice President $235 Director $195 Sr_ Associate $175 to $190 Associate $135 Assistant Analyst $95 Out-of-pocket expenses for mileage will be billed at the standard IRS allowance, currently $0.585 per mile. Black and white document reproduction over 15 pages per run will be billed at $015 per__page, and color copies at $0.75 per page. Subcontractors will be billed at actual cost plus 15%. Postage, overnight mail, and other out-of-pocket expenses will be billed at actual cost. HF&H C011S1r1tants, LLC 5 September 25, 2008 City of Dinmond Bar Section 2: Fees and Billing Proposal to Pnr>ide Solid i1%aste Contracting Assistance COSH REIMBURSEMENT In most jurisdictions the City's contracting cost is usually required to be reimbursed to the City by the contractor upon approval of the new franchise agreement. HF&H Comcultants, LLC 6 September 25, 2008 City of Diamond Bay, Section 3: Schedule Proposal to .Provide Solid Waste Contracting Assistance SECTION 3: SCHEDULE The existing 10 -year agreements expire in August 2010. We estimate it will take approximately six months to negotiate new agreements with the current waste haulers under Option 1 from the date of project initiation to award of the new agreements by the City Council. If a competitive RFP process is to be performed, it should start at least 18 -months prior to the start of a new agreement. Therefore, the competitive RFP process should begin around February 2009 in order to allow sufficient time for a successful proposal evaluation process and implementation period. HF&H Coiisi.dtmats, LLC September 25, 2008 Cihj Of[40177,071d Bar Section 4: Firm Information �_: �.�..�,.•,. ��.,�,�..rm,�.ova..�,>.(�.,�.,.>,.�.,.�..:.a..,;.�,s,�.�.,..��;.� �,s;.....r.m.�- Proposal to Projiide Solid lVaste Contracting Assistance SECTION 4: FIRM INFORMATION OVERVIEW OF HF&H QUALIFICATIONS AND CLIENT SATISFACTION While we have been engaged by clients throughout the United States, our focus is on California. With offices located in Newport Beach and Walnut Creek, we have an in-depth understanding of both state and regional conditions (e.g., laws, values, issues, resources, and service providers) in Northern, Central, and Southern California. Please see Exhibit A (HF&H Service Brochures) for a description of the services offered by HF&H. Through more than 1,000 engagements over the past 18 years, we have served more than 250 municipal agencies in California. We have included a complete list of HF&H's clients in Exhibit B. Some important measures of our client's satisfaction are: "Your experierwe and guidance were essential in convincing the Cihj Council that the process would be objective, fair and well reasoned." Neil Miller, Public Works Director City of City of Manhattan Beach • The majority of our engagements in any year are received through sole -source processes and result from prior experience with the client or strong referrals from past clients. • In any year, 70% of our clients have previously engaged us within the past two years. • In each of the past three independent client satisfaction surveys spanning the past 12 years, 100% of respondents have said they would use HF&H again and would recommend us to other municipal agencies. • We have received numerous testimonials (samples of which are included in Exhibit D) regarding the quality and effectiveness of our work. SOLID WASTE A.DVfSORY SERVICES We provide our clients with a comprehensive range of solid waste advisory services. They include, but are not limited to: • RFP Development and Negotiations • Recycling Planning • Performance Management • Economic and Cost -of -Service Studies • Public Outreach and Education • Contractor Selection and Management • Rate Structure and Fee Studies • Litigation Consulting -- s Recycling--and-Resource-Management— Regula -tor -y Suppor-t Most clients do not realize the broad range of our services. From among the more than 800 engagements we have performed, we have selected the following few examples to demonstrate the range of our services: HF&H Q777tiir1t7n.ts, LLC g -- September 25, 2005 City of Diamond Bar Section 4: Firm Information. �r, _y�..,aem;,rc,�a. :_.,.. ... _ - _ swduti:«:r.. _ _. •,cws:..,e;�-. _.._...-.--.,,.. Proposal to Provide Solid Waste Contracting Assistance " Dze City of La Quinta luu; continuously renewed its contract with HF&H to provide solid waste consulting services since 1998. Through HF&H's consulting services, tlx City's diversion rate Lias increased from 42 % to 59 % during these past several years." Douglas 1'. Evans, Director of Community Development City of La Quinta "The Iriglrly complex franchise process was exemplary in its execution." Sharon Perlstein, City Engineer City of West Hollywood "You were able to acquire Cihj services beyond what was requested, while at the same time significantly lowering rates for both • Long term solid waste system planning - for Orange County, Riverside County, San Bernardino County, and the City of San Diego. • Transition from non-exclusive to exclusive collection systems - for cities such as Beverly Hills and Santa Clarita and counties such as Riverside and San Bernardino. • Competitive selection of recycling and solid waste service contractors - for agencies as large as the City of Santa Clarita (population 177,000) and as small as the town of Gridley (population 5,000) that have provided expanded services while saving ratepayers hundreds of millions of dollars. • Sole -source negotiation - renegotiation of solid waste services contracts for cities such as Inglewood, which added services and froze residential rates for three years. • Reviews of rate applications - by such national companies as Waste Management and Allied, as well as regional companies such as Marin Sanitary Service and NOTcal, and smaller companies such as Gilton Disposal, which have resulted in hundreds of millions of dollars in savings to ratepayers. • Design and implementation of rate structures - as incentives for waste reduction in cities as diverse as Pasadena, Alameda, Livermore, and Union City. • Cost -based regulatory fees - for landfill operations in Alameda and Marin counties and collection impact fees for operations in more than 30 California cities, generating millions of dollars for pavement management programs. • Regulatory support - to such agencies as La Quinta and Lawndale, increasing their calculated diversion rates by 17% and 20%, respectively. • Used oil recycling - outside Lawndale's Kragen Auto Supply store, as well as AutoZone and Kragen Auto Supply stores throughout the Coachella Valley; • Hands-on technical assistance - (Including dumpster diving) - to the New Haven School District in Union City. • Large venue/event recycling management - for the City of Newark's resraents ana tocat "Newark Days" and the City of San Jose's Airport and Jazz Festival. busi72esses. " • Benchmarking municipal collection operations - in cities such as San Chris Daste, Diego, Beverly Hills, Long Beach, Brentwood, and El Cerrito. Director of Field Litigation support - to the City of Fresno regarding the County of Services City of Santa Clarity Fresno's landfill disposal fees, resulting in the retention of our firm by both litigants in order to help determine appropriate contract terms and rate processes. HF&14 COr-5711ta72ts, LLC 9 September 25, ZOOS City of Diamond Bar Section 4: Firm Inforntatron Proposal to Provide Solid Waste Contracting Assistance A►WELL MANAGED AND EQUIPPED TEAM OF SOLID WASTE AND RECYCLING EXPERTS "Your knowledgeable staff approached ttte contract negotiations with integrity and tliorougluiess we leave conte to admire and respect " Thomas Coates, Environmental Services Supervisor City of Inglewood Our team of planners, accountants, engineers, and management consultants are well trained, have extensive experience, and have access to proprietary databases and analytical tools. Many have advanced degrees and/or possess professional certifications and are leaders in their professional organizations (e.g., California Resource Recovery Association, Solid Waste Association of North America, the Southern California Waste Management Forum, the Institute of Management Consultants, and the Municipal Section of the American Institute of Certified Public Accountants). Many have a decade or more of government and/or industry experience, prior to becoming consultants. Our employees use proprietary databases of industry operations, cost, and rate data, as well as proprietary analytical tools and templates to apply to issues related to your project. HF&H is more than the sum of its individual members and databases. We offer a management structure that ensures expertise is consistently delivered to our clients with high-quality analyses and work products in a timely, cost-effective manner. Each project includes a team of consultants. A principal reviews work plans and schedules, reviews analyses, and drafts and presents work products. A manager prepares and supervises the performance of detailed work plans, provides status reports, drafts work products, and participates in presentations. Under supervision, qualified staff perform those tasks for which they are well-qualified. This structure has resulted in a consistent level of quality, regardless of the office or consultants working on your project. MANAGING ENVIRONMENTAL RESOURCES AND IMPROVING PUBLIC SERIACES Our nussion is to be the first choice and recognized leader among municipal agencies to help them manage environmental resources and improve public services. We approach this mission with certain core values: We serve our clients: exceptionally; with a focus on each engagements objectives; and, with an understanding of each client's broader goals. • We relate to each other: positively; supporting our professional development; and, .—PTidin� o'Portunities-for ersonalrewards. We operate the firm with: a commitment to the environment and public service; and, integrity. HF&H Consnitatits, LLC 10 Scptember25, 2008 Cihj of Diarno».d Bar Sectio» 5: Project Tenni ..•._ Pro}7osal to Proz7ide Solid Waste Consr.dting Seivices SECTION 5: PROJECT TEAM The project manager for this engagement will be Laith Ezzet, HF&H Senior Vice President. Mr. Ezzet has been the project manager on every contractor selection and negotiation process that HF&H has conducted in Southern California in the past 15 years, including the public outreach component of each of these projects. Team members will provide additional expertise in multiple key areas, including drafting solid waste agreements, AB 939 compliance, and rate and cost analysis. City of Rancho Palos Verdes Laith Ezzet Project Manager Darrel Bice Lisa Keating Debbie Morris Rate/ Cost Analyst Procurement/ Recycling Analyst Contract Specialist TEAM MEMBER BIOGRAPHIES LAITH EZZET, PROJECT MANAGER Mr. Ezzet is a Certified Management Consultant and Senior Vice President of our Southern California solid waste consulting practice. Mr. Ezzet has over 20 years of experience as an economist and solid waste consultant and has assisted over 100 public agencies to plan, implement, and monitor their solid waste collection, recycling, and disposal programs. During the course of these engagements, he has conducted more than 100 public workshops and public meetings for City Councils, Boards of Supervisors, and citizens' advisory groups. Mr. Ezzet is a past merrnber-of the-Bea-rd-ef Directors-of-the-C-a-lifornia- Resou-r-ce-Recove-r-y-Association-and currently a Director of the Southern California Founding Chapter of the Solid Waste Association of North America. Mr. Ezzet has managed numerous procurement engagements for solid waste services contracts, including; RFP preparation, proposal evaluation, and negotiation support. Examples of clients for whom he has helped to procure new solid waste services contracts include the cities of Beverly Hills, Bellflower, Cerritos, Dana Point, El Centro, Imperial Beach, Indian Wells, Inglewood, Lake Forest, Lawndale, Manhattan Beach, Mission Viejo, Orange, Palm Desert, HF&H CoISUItan.ts, LLC 11 September 25, 2008 City of Dianrorid Bar Section 5: Project Temn Proposal to Pro Tide Solid Waste Consulting Ser Pices Rancho Palos Verdes, Rancho Santa Margarita, Riverside, Santa Clarita, Tustin, West Hollywood, and others. He managed the procurement of a new solid waste system operator for San Bernardino County's landfills and transfer stations. He has negotiated solid waste agreements with a total value in excess of $1 billion. The competitive procurements managed by Mr. Ezzet have saved public agencies more than $160 million. He assisted the Orange County City Managers' Solid Waste Working Group negotiate 10 -year waste disposal agreements with the County of Orange. He authored a paper entitled "How Much Can You Save through Competitive Proposals?" that was presented at SWANA's Western Regional Symposium. LISA KEATING, PROCUREMENT/CONTRACT SPECIALIST Lisa Keating has assisted the cities of Bellflower, Beverly Hills, Compton, El Centro, Lawndale, Manhattan Beach, Mission Viejo, Palm Desert, Rancho Palos Verdes, Riverside, Santa Clarita, Tustin, and Goodyear (Arizona), and the County of Orange through the procurement process for new solid waste collection and recycling agreements, and is currently assisting the City of Orange through the competitive procurement process. She has drafted both Requests for Proposals and Requests for Bids, and the related agreements. She has reviewed hauler proposals for solid waste collection, recycling, and disposal services. Ms. Keating assisted the cities of Dana Point, Inglewood, and Palmdale to re -negotiate their collection contracts. She assisted the cities of Carlsbad, Dana Point, Garden Grove, and Murrieta with contract reviews to evaluate re -negotiation options. Ms. ]eating reviewed and evaluated proposals for the development and use of a transfer station for the City of Palm Springs. Ms. Keating prepared the Request for Proposals and draft agreement for commercial recycling services in the city of Lawndale. Lisa assisted the City of Lancaster with its procurement of a street sweeping contract, after having prepared the Request for Proposals and draft agreement for these services. Ms. Keating also prepared the Request for Proposals for the County of San Bernardino's procurement of an operations contractor for its transfer station and landfill system, and developed a Request for Proposals and draft operations and :maintenance agreement for operating a materials recovery facility for the City of Oxnard. DAIZRELL BICE, RATE/COST ANALYST Darrell Bice, Senior Associate, is a Certified Public Accountant with 30 years of auditing and accounting experience, including experience in public accounting and in the solid waste industry. During his time in public accounting, he participated in and supervised the annual au_di.ts of a major public solid waste comp. He served as an assistant corporate controller for five years and as a division controller for two years in the solid waste industry for a major solid waste company. As an assistant corporate controller, he reviewed the results of operations for ten California divisions, which included the analysis of financial statements and operating reports to evaluate the performance of the division and report to corporate management. While a division controller, Mr. Bice assisted in the development of a commercial refuse pricing model, incorporating the full cost of service and desired profit levels. Additionally, he participated as a team member in the development of the cost -of -service and resulting pricing structures for proposals to several Southern California municipalities. As a solid waste HFQI.TH Co1r�t�ltrrnts, LLC 12 Septe�nber2�, Z00� City of Diamond Bar Section 5: Project Team Proposal to Prozyide Solid Waste Consitlting Seraices consultant, during the past seven years, Mr. Bice has participated in a variety of solid waste projects for over 25 municipalities and governmental agencies. He participated in procurement/ negotiation support projects for two Southern California cities. DEBBIE MORRIS, RECYCLING ANALYST Ms. Morris is a Senior Associate and has specialized in consulting to government clients on solid waste issues for over 15 years. Ms. Morris' experience includes assistance with diversion studies, AB 939 compliance, construction and demolition debris ordinance preparation, construction and demolition debris program implementation and monitoring, new base -year studies, contract management, audit services, and rate reviews. Since 1991 she has been the primary researcher conducting surveys of solid waste programs and rates in the 200 cities in Southern California. Ms. Morris has performed an integral role in assisting jurisdictions with the requirements of AB 939. This ongoing support has included contract management assistance. To assist clients in increasing diversion rates, and complying with the CIWMB's increased emphasis on program implementation, Ms. Morris meets regularly with a city's solid waste haulers to closely monitor performance and contract compliance. Ms. Morris reviews the effectiveness of public outreach strategies; monitors hauler reports; reviews rate adjustment requests; monitors current diversion program performance; and, assists with implementation of new diversion programs. HF&H Co7isid tants, LLC 13 — -- September 25, 2008 City of Diamond Bar Section 6: Fzpenence aiid References Proposal to ProzMe SolidWnste. Cornsidting Sel-Vices SECTION 6: EXPERIENCE AND REFERENCES This section provides a representative sample of engagements, including references, relevant to the Citi s current procurement effort. EXTENSIVE EXPERIENCE IN CONTRACT PROCUREMENT SERVICES HF&H has extensive experience providing services similar to those requested in the City's Request for Statement of Qualification and Proposal. Table 2 presents 19 previous procurement engagements and the results and details of those engagements. Table 2: Procurement Success Chart Bellflower 2004 5 8 years $49,688,000 $38,400,DD0 $11,288,ODD 23% EI Centro 2007 4 8 years $34,209,000 $43,608,DOD $0 n/a Imperial Beach 1999 4 7years $13,692,000 $13,153,000 $539,000 4% Lake Forest 1996 5 7years $29,500,000 $22,800,000 $6,700,000 23% Lancaster 2006 3 5 years $3,413,D00 $2,540,000 $873,000 26% Lawnda!le 1997 5 5years $6,127,ODD $5,476,000 $651,000 11% Lawndale 2002 5 7years $7,546,000 $6,349,000 $1,197,000 16% Manhattan Beach 2002 7 7years $22,400,000 $21,BOD,000 $600,000 3% Mission Viejo 2000 6 8 years $54,784,000 $48,395,000 $6,389,000 12% Palm Desert 2000 6 7 years $46,252,000 $40,553,600 $5,699,000 12% Rancho Palos Verdes 1999 7 7 years $22,034,000 $20,647,000 $1,387,000 6% Ranche Santa Margarita 2004 5 8 years $28,704,000 $20,864,000 $7,840,000 27% Riverside - Residential 2001 7 7 years $20,272,000 $16,793,000 $3,479,000 17% Riverside - Commercial 2001 6 7years $97,506,000 $64,354,000 $33,152,000 34% County of San Bernardino 2001 10 7 years $144,892,000 $118,633,000 $26,259,000 18% Santa Clarita - Residential 2003 6 7 years $100,204,000 $70,409,000 $29,795,D00 30% Santa Clarity - Commercial 2003 5 9 years $39,256,000 $34,099,DD0 $5,157,000 13% Tustin 2000 8 7years $42,392,000 $25,01 1,0D0 $17,381,DDO 41% West Hollywood 2003 9 8 years $42,376,000 $33,512,000 $8,864,000 21% TOTAL. $814,646,000 $647,396,000 $167,250,000 21% . Over term of contract 1, u1' -I=1 -N -0-0, AWAY E RE -ESI- N E HF&H does not work for hauling companies in order to avoid the conflicts of interest that may arise in firms that attempt to serve both public and private sectors. However, HF&H has extensive experience in auditing and negotiating with hauling companies, including likely proposers, through our work on behalf of other municipalities. HF&H Consirltnrits, LLC 11 September 25; 2008 Cihj of Diarnoiid Bar Section 6: Experience mid References Proposal to Provide Solid Waste C011SUIting Sett?ices REFERENCES FOR SIMILAR ENGAGEMENTS We have provided 12 references below. We would be pleased to provide additional references upon your request. CITY OF BELLFLOWER Engagement Title: Competitive Procurement of Solid Waste Contract hL Date of Engagement: 2004f1.i,QtY�,�;� Client Needs: After 40 years with the same waste collector, the City of Bellflower conducted a competitive procurement for a new residential and commercial collection agreement. Tree City needed to implement new programs that would increase waste diversion to meet State goals. Accurate service data was not readily available for use in an RFP. HF&H Solution: FE &H developed the City's RFP and draft agreement, conducted the RFP process, evaluated the proposals and assisted in negotiating a new franchise agreement. This new agreement increased recycling and customer services while lowering costs to rate payers and increasing City revenues. In order to address the City's issues, we audited the hauler data to be included in the RFP, including tons recycled and disposed, amount billed, and franchise fees paid in order to provide proposers confidence in the service data. We conducted public outreach meetings for customer groups. Results: • Reduced overall rates by 23%, saving ratepayers $11.3 million over the 8 -year term Reimbursement of procurement costs by contractor $347,500 in annual funding to the City for its solid waste related expenses Collection at no additional charge from City facilities and at City -sponsored events, and free disposal of street sweepings • Free commercial and multi -family recycling • Processing of all multi -family refuse and roll -off box loads • Transformation of refuse to meet CIWMB diversion requirements Electronic waste collection and processing • Diversion of manure from horse properties • New collection vehicles and new residential carts Improved reporting and performance requirements Key HF&H Staff: Laith Ezzet, Lisa Keating, Darrell Bice Client Contact: Brian Smith Assistant Director of Public Works 562/804-1424 HF&H Consultants, LLC 15 September 25, 2008 City of Di.arv.ond Bar Proposal to Provide Solid Waste Consr.ritirrg Semites CITY OF MISSION VINO Section 6: Experience mrd References ON V� Engagement Title: Competitive Procurement of Separate~ Residential and Commercial Solid Wastetv 446----i',-- Collection Contracts t,.l Date of Engagement: 2000' Client Needs: The City maintained separate residential and commercial contracts with different service providers. The City's diversion rate was 38%, and the City needed to implement new recycling services. The City had service challenges such as attached housing in need of individual services, but limited storage space for carts, and shopping centers with limited bin space and collection vehicle access issues. The City had an unsatisfactory experience during its previous transition from another hauler. HF&H Solution: HF&H managed the City's competitive procurement process. We toured the City, discussing service issues with the City and current haulers. We collected and analyzed tonnage and other service data to provide proposers an accurate account of the services which they will be providing. We drafted a commercial agreement and a residential agreement that included the City's intent to fully automate residential services and to provide incentives for businesses to recycle. We made arrangements for smaller carts and other special service arrangements for space constrained customers. We evaluated the proposals received and assisted the City in negotiating favorable contracts for both residential and commercial services with the current commercial hauler, thereby limiting transition issues, while lowering rates. Results: • Reduced overall rates by 12% saving the ratepayers $6.4 million over the 8 -year term • Smooth transition • City reimbursement of procurement costs by contractor • Contractor remits an Abandoned Item Collection Fee of $65,000 per year to City • Free commercial and multi -family recycling • A smooth transition to automated residential recycling and green waste collection • Curbside electronic waste collection at no additional charge • New a ternative fuel collection vehicles isowerezl by compressed -natural gas -and new residential carts • Improved reporting and performance requirements Key HF&H Staff: Laith Ezzet, Lisa Keating, Darrell Bice Client Contact: Karen Wylie Assistant to the City Manager 949/470-8409 HFF,H Corrsrrltmrts, LLC 16 September ZS, 2OOS Cit- of Diamoiud Bar Section 6: Experience and References Proposal to Provide Solid Waste Corzsulting Services CITY OF MANHATTAN BEACH Engagement Title: Competitive Procurement of a Solid Waste Collection Contract Date of Engagement: 2000 Client Needs: The City's current solid waste collection agreement was expiring. The City was interested in implementing more effective recycling programs. All residential services were manual, and the co -collection of refuse and green waste was ineffective. The City had conducted a limited pilot program for automating service. Varying terrain and container storage capacity were issues. HF &H Solution: The City retained HF&H to prepare an RFP and franchise agreement, manage the procurement process, evaluate proposal, interview finalists, and negotiate the final agreement. We determined that the majority of the City in the inland area was suitable for automated refuse, recycling and green waste service and implemented three cart service. Manual collection was retained in the coastal area where streets were too narrow and properties too small to accommodate larger automated vehicles. The coastal area generated little green waste, so only refuse and recyclables service was provided in this area. Results: • Reduced overall rates by 3%, saving ratepayers $600,000 over the 7 -year term • Residential curbside diversion increased to 45 % to 50 % • Over 95% residential recycling program participation rate • Commercial recycling accounts increased from 60 to 355 in two years • Commercial diversion increased from 6% to 25% in two years • Fixed disposal costs for contract term • Reimbursement of procurement costs by contractor • Collection at no additional charge at City -sponsored events • Recycling fee of $20,000 per year remitted to City • Three -cart automation of majority of City, all new carts • —New -residential containers thr-oug-hoot City • Free commercial and multi -family recycling • Electronic waste collection • Improved reporting and performance requirements Key HF&H Staff: Client Contact: Laith Ezzet, Lisa Keating Neil Miller, retired Public Works Director HF&H Consii-ltajits, LLC 17 SelIenber25, 2008 City of Fjinnzond Bm, Secti.oi? 6: Expeieiice mid References Proposal to Provide Solid Waste Colaultirtg Se: Dices CITY OF INGLEWOOD Engagement Title: Review of Proposed Solid Waste Rates and Negotiated Terms of a New Solid Waste Agreement Date of Engagement: 2004 E Client Needs: The City's solid waste contract was expiring. The City was under a compliance order and required to implement several diversion problems in a matter of months. Maintaining low, stable rates was a top priority for the City. HF&H Solution: • Identify desirable contract terms, based on the City's needs and industry standards • Evaluate proposed deal with contract hauler and compare to industry standard terms • Compare rates to those of four other area cities, based on the City's specific basket of services • Determine whether deal was reasonable • Negotiate and prepare final contract terms Results: • Reduced residential rates by 5% and froze for three years • Froze existing commercial rates for one additional year • Capped future increases in disposal rates at the change in CPI • $510,000 in new annual fees to the City • Reimbursement of procurement costs by contractor • Reimbursement of costs to join Los Angeles Regional Agency • Collection at no additional charge from City facility roll -off boxes, at City -sponsored events, from street litter containers, and of abandoned items • Transformation and mixed waste processing required at no cost to meet AB 939 requirements • Free commercial and multi -family recycling • Automation of residential recycling and green waste collection • Electronic waste collection • Used motor oil and filter recycling • Biennial curbside Household Hazardous Waste events • Alternative collection vehicles • Improved reporting and performance requirements Ivey HF&H Staff: Laith Ezzet, Lisa Keating Contact: Angela Williams 310/412-8722 HF&,H Coiisultvlts, LLC is SeptemberzS, ZOOS Cihj of Diarnond Bar Section 6: Experience acrd References _. Proposal to Pr0znde Solid Waste Consulting Serzrices CITY OF WEST HOLLYWOOD Engagement Title: Competitive Procurement of a Solid Waste Contract ' Date of Engagement: 2004 Client Needs: The City needed a new contract with improved recycling services, as the City was under a time extension with the CIWMB to meet diversion goals. The City consists of predominantly multi -family units and had already implemented a comprehensive multi -family recycling program, but lacked recycling opportunities in other areas. The City's high density, narrow streets and hilly terrain provided collection challenges. HF&H Solution: HF&H managed the procurement process, reviewing proposals, interviewing proposers and negotiating the final agreement. We conducted community outreach meetings and worked with the City to identify recycling improvements to be made for single-family, commercial and restaurant customers. We considered the City's unique geography, high number of multi -family residents, and extreme density when working with staff to determine the ideal service package for its constituents. The City received nine proposals, a high number for this type of procurement process, and awarded the contract to a new service provider. Results: • Reduced overall rates by 21%, saving ratepayers $8.9 million over the 8 -year term • City was reimbursed for procurement costs by new contractor • Implemented an AB 939 Fee of $100,000 per year that contractor pays City • Collection at no additional charge from street litter containers. • Restaurant food waste diversion program tailored to the City's high density • Free commercial recycling • Mixed waste processing of commercial waste • Automation of single family refuse, recycling and green waste • Biennial neighborhood cleanup campaigns • Curbside electronic waste collection at no additional charge • New alternative fuel collection vehicles and new residential carts -- - — •- Improved-reporting=-d-p-erformncc-requiremen - -- – Key HF&H Staff: Client Contact: Laith Ezzet, Lisa Keating Jan Harmon Environmental Programs Manager 323/848-6499 HF&H Cbirsultan.ts, LLC 19 Septenrher 25, 2008 Ghj of Diarnon.d Bar Proposal to Provide Solid Waste Conszeltbio Services CITY OF LAYlrNDALE Engagement Title: Date of Engagement: Client Needs: Sectioiz 6: Experience and References Competitive Procurement of a Residential Solid Waste Collection Contract 2002 AcgOFOR�P. The City's residential solid waste collection agreement was to expire soon and the City was in need of additional recycling programs. The City had issues with collection, recycling and reporting in the open commercial sector as well. HF&H Solution: Having been pleased with our previous work for the City when we conducted its solid waste contract procurement process in 1997, we were again hired to prepare the RFP and franchise agreement, conduct the process, evaluate the proposals and negotiate the final agreement. We have continued to assist the City with development of commercial hauler permitting system, preparation of municipal code text revisions, contract compliance, auditing of tonnage reported and fees remitted. Results: • Reduced overall rates by 16% • Saved the ratepayers $1.2 million over the 7 -year term (Note: Savings from our 1997 procurement were 11%, or $651,000 over the 5 -year term) • Reimbursement of procurement costs by contractor • Annual Source Reduction and Recycling Surcharge - $30,000 • Collection at no additional charge at City -sponsored events • Abandoned items collected at no additional charge • Improved residential recycling and green waste diversion programs • Required transformation of refuse • Three City-wide clean up events per year • Electronic waste collection • Used oil recycling • Alternative fuel vehicles • Improved reporting an performance requirements- - Key HF&H Staff: Laith Ezzet, Lisa Keating, Debbie Morris Client Contact: Ms. Marlene Miyoshi Director of Public Works 310/973-3260 HF&lq Coasui tants, LLC y Sehtenrher 25, 2008 City of Diamond Bar Section 6: ExpVi.eme and References Proposal to Provide Solid Waste Consulting Services CITY OF PALM DESERT Engagement Title: Competitive Procurement of Solid Waste Collection Contract Date of Engagement: 2000 Client Needs: The City needed a consultant to: • Determine the services to be proposed upon • Prepare the RFP and franchise agreement • Audit the hauler operating data • Conduct community outreach meetings for stakeholder groups • Evaluate proposals • Negotiate final contract terms • Present the final agreement to the City Council The City offered many challenges, including numerous homeowners' associations, each with unique service requirements, such as in -ground containers, both manual and automation, different waste streams serviced, backyard service, and collection day restrictions. HF&H Solution: HF&H assisted the City in the procurement of a new residential and commercial solid waste franchise agreement. We tailored a contract to meet the needs of all of the City's various communities, and simplified the hauler's complex rate schedule. Results: • Reduced overall rates by 12% • Saved the ratepayers $5.7 million over the 8 -year term • Reimbursement of procurement costs by contractor • Collection at no additional charge of abandoned items • Free commercial and multi -family recycling • Used motor oil and filter recycling • Backyard,-itgr-ound,_manual_and_antomatad_olztions • Once versus twice -per -week collection options • Alternative collection vehicles • Improved reporting and performance requirements Key HF&H Staff: Laith Ezzet, Lisa Keating Contact: Ms. Sheila Gilligan Asst. City Manager 760/346-0611 HFA H ConsalloWs, LLC ?I Septennber 25, 2008 City of Diamnizd Bar Section b: Ezperiewe acid References Proposal to ProTride Solid 1.Voste Consulting Seivices CITY OF DANA. POINT Engagement Title: Negotiation of a Solid Waste Collection Contract Date of Engagement: 2005 The City needed a new contract with improved recycling services. The City needed guidance as to whether it should renegotiate with the current hauler or seek competitive Proposals. As the City was pleased with prior work HF&H had performed for the City, HF&H was hired to assist with determining procurement strategy, drafting the franchise agreement and negotiating the final agreement. HF&H Solution: In order to meet the City's goals, HF&H: • Evaluated the benefits of renegotiation versus competitive procurement, briefing the City Council and City staff on the benefits of each option • Assisted the City in determining that first negotiating with the current hauler could achieve the desired results Drafted the draft agreement Assisted in the negotiations process Compared the proposed rates and services to comparable cities and competitively procured agreements to assist the City in determining that the agreement was reasonable and met its needs Results: The new contract provided the City with: • Mixed waste processing of all multi -family refuse and roll -off box loads • Mixed waste processing of 50% of commercial bin refuse • Required site visits to establish commercial and multi -family recycling programs • Increased franchise fees • Funding to City for recycling efforts • Annual $75,000 funding of staff time • Reimbursement of contract negotiations costs • Phasing in of alternative fuel vehicles - • Hauler -funded biennial audits • Increased performance security and insurance levels • Free bulky item collection for multi -family customers • Retains lowest residential rate in a four -city area, or "quad cities' • Free electronic waste collection • Required dedicated routes to improve tonnage reporting accuracy HF&H Team Members: Laith Ezzet, Lisa Keating HF&H Consithimts, LLC » September ZS, 2003 City of Diamond Bar Section 6: Expo ie7lCe acid References Proposal to Pronde Solid Waste Coiisulting Serzc4ces Client Contact: Brad Fowler Public Works and Engineering Services (949) 248-3554 CITY OF SANTA CLARITA Engagement Title: Competitive Procurement and Negotiations of f Residential and Commercial Solid Waste Collection ContractsINR "- Date of Engagement: 2002__1 Client Needs: The City had three residential haulers operating in three exclusive areas. The same three haulers offered commercial services City-wide on a competitive basis under a maximum City -approved rate. Residential and commercial contracts ended years apart. The City wanted to: Restructure the franchise arrangement Analyze regional transfer station and MRF options Analyze variable can rate implementation options H:F&H Solution: We prepared a RFP and drafted agreement for separate residential and commercial contracts with the same end date. We conducted public outreach meetings, evaluated six proposals, and negotiated contracts with three potential haulers, including an agreement to develop a materials recovery facility in the City. Results: • City will save an estimated $35 million over the terms of the contracts, with a 30% reduction in residential rates and a 13% reduction in commercial rates • Reimbursement of procurement costs by contractors • Recycling Fee of $70,000 per year paid to City • $5.50 per ton of commercial recyclables paid to City • Collection at no additional charge from City facilities and at City -sponsored events -- Cityhas t71e option; at -tlie erid-ofe term, to pur ase a RF -built by the • commercial hauler below market value Free commercial and multi -family recycling • Free mixed waste processing of at least half of commercial loads • New residential carts and enhanced recyclables and green waste collection • Optional diaper recycling program • Electronic waste collection and processing • Diversion of manure from horse properties HF&H COUSilltants, LLC 23 Sel�telnber25, 2008 City of Diamond Bar Section 6: Expenen.ce and References Proposal to Provide Solid Waste Consi.dting Se n7ices • Alternative fuel vehicles • Improved reporting and performance requirements Key HF&H Staff: Laith Ezzet, Lisa Keating Client Contact: Mr. Travis Lange Environmental Services Manager 661/255-4337 CITY OF RANCHO PALOS VERDES Engagement Title: Date of Engagement: Client Needs: Competitive Procurement of Solid Waste Collection Contract 1999 The City has two separate franchise areas each with twice weekly refuse collection. The smaller area had only 5% of the City's residential customers, and had unique service requirements because it contained horse properties. The entire City had operational challenges due to steep hills and overhanging trees. HF&H Solution: HF&H assisted the City in the procurement of new residential solid waste franchise agreements. We prepared the RFP and agreement, conduct the procurement process, evaluated the proposals and negotiated the final contract terms. We addressed difficult terrain issues with "Scout service" (small trucks that can access containers more easily than collection trucks and re -position containers for collection). We conducted public outreach meetings. We surveyed and tabulated responses from more than 3,000 customers regarding their service preferences for once versus twice per week collection. • Reduced overall rates by 6%, saving the ratepayers $1.4 million over the 7 -year term -- --• Reimbursement-ofTrocurement-costs by-contra-cto — • Abandoned items collected at no additional charge • New Recycling Programs and Service Enhancements • Customer acceptance of automation of recyclables and green waste, with new carts • Electronic waste collection • Improved reporting and performance requirements HF&H Team Members: Laith Ezzet, Lisa Keating HF&H Cmsdtmits, LLC )4 September 25, 2008 City of Dia norid Bar Section 6: Experience and References Proposal to Provide Solid TA/aste Coirsulting Services Contact: Lauren Ramezani Senior Administrative Analyst (310) 541-6500 CITY OF RANCHO SANTA MARGARITA Engagement Title: Competitive Procurement of a Solid Waste c/ 9 Collection Contract Date of Engagement: 2004 Client Needs: Th1e newly incorporated City was entering into its first franchise agreement, after having been serviced under a county contract for five years. Residential services were not consistent throughout the City and the City lacked sufficient recycling programs. HF&H Solution: After previously assisting the City with negotiations, the City hired us again to conduct the City's first solid waste RFP process. We develop an RFP and franchise agreement for single-family, multi -family and commercial refuse, recycling and green waste collection services, managed the procurement process, evaluated the proposals, interviewed proposers and negotiated the final agreement. Results: Reduced overall rates by 27%, saving the ratepayers $7.8 million over the 8 -year term • Implementation of a 5% franchise fee • Reimbursement of procurement costs by contractor • Outreach Fee of $60,000 per year to City • Collection at no additional charge from City facilities and at City -sponsored events • Collection of abandoned items at no additional charge • New collection vehicles and new residential carts • Biennial curbside cleanup campaigns • Improved reporting and performance requirements New recycling programs and service enhancements, including: • Free commercial and multi -family -recycling, site visits required e Automation of green waste collection • Mixed waste processing of all roll -off box loads • Electronic waste collection Key HF&H Staff: Laith Ezzet, Lisa Keating Client Contact: Mr. D. James Hart, City Manager Currently with the City of Adelanto 760/256-2300 ext. 3016 HF&H COrr 5111 to rr ts, LLC ?5 September 25, 2008 City of L)iarnond Bar Section 6: Experience acid References Proposal to Prmde Solid lVaste Colsr.dtirrg Services SAN BERNARDINO COUNTY Engagement Title: Waste Hauling Franchise Negotiations Date of Engagement: 2003 Client Needs: The County of San Bernardino contracts with haulers to provide residential and commercial collection services in more than 25 areas and sub areas within the unincorporated county. The County was establishing five new county franchise areas in need of haulers and collection agreements. The County received proposals to service these areas, as well as proposals to make revisions to existing contracts. Service areas received different services at different rates. Proposals were received in a variety of formats. The County needed to determine costs and services to be negotiated in each area. HF&H Solution: First, HF&H worked closely with County staff to assist staff in gaining a better understanding of their own complex network of franchise agreements. Proposals had been solicited without strict guidelines; therefore, some information was incomplete and the proposals were difficult to compare. We profiled proposed and existing service arrangements by hauler and new county franchise area in a way to permit the reader to understand and compare the various proposed services and terms for each area. We provided rate evaluations to identify and evaluate the reasonableness of proposed rates. The County was grateful for the detailed layout of rates that we provided, as the format assisted in reviewing fees and over -charges as well. For proposals relating to existing franchise areas, HF&H summarized proposed contract changes by hauler and franchise area, listing recommended changes and corresponding rate effects. We provided contract language for use in the contract revisions and new franchise area. agreements to provide the County with clearer and more complete service requirements and contract language that will enable the County to enforce these requirements. Results: —As_a result of -our assistance, County staff gained: • Improved contract language for County contracts S More consistency in service levels ® Equitable rates ® A better understanding by the County as to services provided in various areas under many franchise agreements. Key HF&H Staff: Laith Ezzet, Lisa Keating HF&H ConSadtan#S, LLC 26 Septeiiiber 25, 2008 City of Diamond Bar Section 6: Ezperimce and References �— .. , Proposal to PYMi de Solid Waste Cons.dting Services Client Contact: Kathleen Bingham Solid Waste Programs Administrator 909/386-8739 CITY OF EL CENTRO Engagement Title Competitive Procurement and Negotiations ofpEE. a Solid Waste Collection Contract Date of Engagement: 2007 Client Needs: The City's solid waste collection contract with the only major hauler in the region was expiring and the hauler offered a short extension. The local landfill and materials recovery facility were owned and operated by the City's current hauler. The City wanted to conduct a competitive procurement but had limited time, limited hauler options, and limited disposal options. Rates had not been increased since 2003 and were expected to increase significantly. Service data was difficult to obtain. HF&H Solution: We drafted the RFP and collection agreement, conducted public outreach meetings, evaluated four proposals, and negotiated contracts with two proposers. Results: • The City received four quality proposals • Increased franchise fee • New AB 939 fee • New refuse vehicle impact reimbursement of $90,000 per year • New hauler agreed to establish a new facility within City limits • Optional used oil and oil filter collection • New residential carts • Site visits to all businesses to promote recycling Free commercial and multi -family recycling • Free mixed waste processing of at least half of commercial loads • Electronic waste collection and processing • Improved reporting and performance requirements • Improved rate adjustment method, including a mechanism to adjust rates upon the opening of the Mesquite Landfill, if it is used Key HF&H Staff: Laith Ezzet, Lisa Keating Client Contact: Ms. J.B. West Public Works Analyst 760/337-4538 HF&H Consultants, LLC ? September 25, 2008 Cihj of Diamond Bar Section 6: Experience and References Proposal to Proz)ide Solid Waste Cor2srthhic Ser Lyices CITY OF BEVERLY HILLS Engagement Title: Commercial Solid Waste Procurement; Transition to Exclusive Franchise System Date of Engagements: 1994, 2000, 2003] Client Needs: The City had multiple private haulers under contract to provide commercial collection services. In 1994, 2000 and 2003, the City was in need of assistance in procuring new collection agreements. The City's Public Works Department provides residential service. HF&H Solution We have assisted the City of Beverly Hills on an ongoing basis since 1993, including negotiating collection agreements in 1994, 2000 and 2003, auditing haulers, and performing rate studies. In 1994, HF&H assisted the City in transitioning from a non-exclusive commercial system with an unlimited number of haulers to a non-exclusive system limited to only five haulers. Challenges of such a transition, which HF&H overcame, included providing proposers with sufficient service data gathered from multiple haulers. In subsequent engagements, HF&H then helped the City transition from five commercial haulers to one. Results: In 1994, the City executed five-year non-exclusive commercial solid waste collection agreements with five haulers, significantly reducing its number of haulers. In 2003, the City competitively procured a new commercial hauler, providing free recycling services, mixed waste processing of all waste, and commercial green waste collection. Key HF&H Staff : Laith Ezzet, Darrel Bice, Lisa Keating Client Contact: Shana Epstein Assistant Utility Services Manager 310/285-2570 CITY OF MURRIETA Engagement Title: Review of Solid Waste Franchise Agreement Date of Engagement: 2004 The City recognized the need to renegotiate its current solid waste HF&h' Corrsrdtants, LLC 8 Sepferrri er 25, 2008 City of Diamond Bar Section 6: Experience arid References Proposal to Proz>ide Solid Waste Corisniting Services collection contract and hired HF&H to: • Review the current agreement • Review current city services • Identify standard state-of-the-art contract terms and services • Recommend improvements to services and contract terms Service Recommendations • Improve cart labeling • Add free commercial recycling services • Add free service for special events • Add e -waste collection • Add City clean-ups • Add holiday tree collection • Require container graffiti removal • Require roll -off load recycling requirements Contract Recommendations Restrict of broad extraordinary rate adjustment clause • Improve AB 939 indemnification clause • Improve hazardous substances indemnification clause • Improve reporting and performance requirements • Increase low performance bond amount • Specify liquidated damages to be specified • Add outreach fee • Improve assignment clause Key HF&H Staff: Laith Ezzet, Lisa Keating Contact: Al Vollbrecht Senior Management Analyst 909/461-6003 CITY OF RIVERSIDE -------- Engagement Title:—Competitive-Procurement-and – Negotiations of Residential and Commercial Solid Waste Collection Contracts Date of Engagement: 2001 Client Needs: The City's franchise agreements were expiring. The City has three residential service HF&H Cor.srrltan.ts, LLC )9 Septenrber25, 2005 Cihj of Diammd Bar Section 6: Experiern.ce and References Propvsai' to Proznde Solid Waste. Consul?ig Sol -L ices areas, with the City providing service in one. The City wanted to restructure its commercial service arrangement of several exclusive commercial service areas to provide and the City wanted to restructure to provide customers with service alternatives and thereby improve declining customer service. HF&H Solution: After having HF&H assist the City with evaluation of routing and operational issues for the City's municipal operations, the City again hired HF&H to assist with the procurement of new collection contracts. We prepared a Request for Bids (R -FB) and collection agreement for exclusive residential solid waste collection services, allowing haulers to compete for two service area contracts. We prepared a RFB and a collection agreement for multiple franchised commercial haulers, which allowed three new franchised haulers to compete for commercial customers. Results: Results of our conducting the competitive procurement for the City include: • Reducing costs to residents by 17% and costs to businesses by 34% • New Residential Recycling Programs and Service Enhancements, including the automation of refuse and green waste collection • Improved reporting and performance requirements • New Commercial Recycling Programs and Service Enhancements, including free commercial and multi -family recycling • Minimum recycling requirements Key HF&H Staff: Client Contact: Laith Ezzet, Lisa Keating Rick McGrath Public Works Director (retired) HF&H Consultants, LLC 30 September 25, ZOOS Cihj of Dininond Bar Proposal to Provide Solid Waste Contracting Assistance EXHIBIT A: HF&H SERVICE BROCHURES RECYCLING & SOLID WASTE AUDIT SERVICES Exhibit A: HF&H SerLice Br•ocluaes I SOLUTIONS -. _._...---._.--------- --` RELIABLE RESULTS ---_ . Protecting Your Interests Penalties. Lost business. Litigation. Recordkeeping has become a high-stakes endeavor. At HF&H, our global approach to recycling and solid waste audits prevents problems and protects your jurisdiction by ensuring accuracy, integrity and excellence at every turn. Audits You Can Trust Reliable information makes all the difference. That's why HF&H has developed a suite of recycling and solid waste audit services you can trust. Our experts provide in-depth reviews to determine the accuracy of all your hauler fee payments, reported tonnage, billing, and rate adjustment requests. Dedicated to Details HF&H clients gain peace of mind from our in-depth solid waste audits by: • Verifying that residential and business bills reflect approved rates and accurate service levels. • Ensuring all franchise, AB 939 or other fees remitted are accurate. • Confirming that haulers have complied with recycling and solid waste service contracts; made reasonable, appropriate rate requests & adjustments; and accu- rately -reported -collected tonnage. ® Developing and evaluating viable costs for recycling and solid waste services. Cities and counties throughout the Western United States have come to rely on HF&H's unparalleled understanding of the recycling and solid waste industry. Our expert audit staff has reviewed the financial and operating records of approximately 100 hauling compa- nies on behalf of our clients. As a result, individual clients have recovered in excess of one million dollars in fees due from haulers. Conscientious audits, insightful recommendations and meticulous examinations have allowed our clients to: • Collect additional franchise, AB 939 and other fees. • Determine the accuracy of hauler fee payments, billings, services and reported tonnage. • Establish reasonable and appropriate rate strategies. • Improve diversion rates by confirming the accuracy of reported tonnage. • Validate the accuracy and fairness of hauler rate adjustment requests. thorough audits, sound financial reporting and expert advice. Our clients unanirnously report 100% satisfaction with our resultsl HF&H Covsultants, LLC 1 September 5, 2008 Citic of Dianron.d Bar Exhibit A: HF&H Service Brochures Proposal to Provide Solid Waste Contracting Assistance TOP -TIER AUDIT SERVICES HF&H provides recycling and solid waste audit services tailored to the demands of public agencies. Billing and Service Audits: We audit residential and commercial customer bills to ensure they reflect approved hauler rates and match the level of services provided, including the collection frequency and the size and number of containers serviced. Contract Compliance Audits: We evaluate hauler per- formance records to ensure they provide services to meet your recycling and solid waste service contracts. If hauler performance does not comply, HF&H offers proven solutions. Hauler Fee Payment Audits: We determine the accu- racy of AB 939 fees and other solid waste disposal fees based on assessment and hauler information records. Rate and Cost of Service Studies: We review the cost of providing recycling and solid waste services in order to develop suitable rates or rate -adjustment strategies to meet financial goals. Reviews of Rate Adjustment Requests: We verify that hauler rate adjustment requests are sensible and correctly calculated. Tonnage Audits: We analyze hauler reports and sup- porting records to verify the amount of tonnage collect- ed and establish correct diversion rates. ADVANTAGES YOU CAN TRUST Client Satisfaction Our clients have unanimously reported 100% satisfac- tion with our results, hire us again and again, and rec- ommend our services to other jurisdictions with similar needs.* Incomparable Support HF&H delivers outstanding support every step of the way. We build long-term relationships and deliver long- term value for every client. Substantial Results We apply our expertise to address your particular chal- ienges and maximize your recycling, solid waste, and diversion results, We've saved our clients millions of dollars collectively through expert monitoring of con- tractor compliance. One -Source Solutions As a team with extensive public sector and private hauler experience, we collaborate and offer compre- hensive solutions to your diversion compliance and contract performance issues. Get to know us and discover why we're the right choice for your auditing services. `Results of 2006 HF&H Client Satisfaction Survey conduced by Johnston, Gremaux & Rossi, LLP, Cerifed Public Accountants, HF&.H Coirsu[tmits, LLC 2 September 5, 2008 Morthern California Southern California Contract Management Services 2'175 N. California Boulevard, 4990 3990 Westerly Place. B195 Recycling & Solid waste Contract Services vdalnut Creek, CA 94596 Newpod Beach, CA 92660 Recycling & Solid Waste Audit Services 925-977-6950 949-251-8628 Vehicle Impact Studies • Management & Operations Reviews Bob Hilton Laith Ezzet Program Implementation. Diversion & Sustainability Services rhilton@hfh-consultants.com lezzet@hfh-consultants.com Recycling & Solid Waste Rate Services —John_Farnkopf. Funding Storm Water & Street Programs famko h-consuans.com f hfltt 1 � p @ w•w.hfh-constltants.com w `SeMce brochures are available upon request ! - 6''��t`3�C�•"' F a i x5414 of HF&.H Coirsu[tmits, LLC 2 September 5, 2008 City of Diamond Bar Exhibit A: HF&H Service Brochures Proposal to Promde Solid Waste Contracting Assistance CONTRACT MANAGEMENT SERVICES SOLUTIONS Contract Management Solutions Do you have limited staff resources to manage and monitor your recycling and solid waste contracts or per- mits? Do you need to supplement in-house resources with recycling and solid waste contracting specialists or solicit a different perspective? If so, HF&H can provide staff resources and expertise to manage contracts strategically for improved service and to monitor con- tractor performance on an ongoing basis. Flexibility and Expertise HF&H is ready to put an entire team of highly experi- enced experts to work for you. We have specialized skills across a wide range of disciplines: contract com- pliance, contract negotiations, diversion program plan- ning and implementation, auditing and accounting, legal review, public policy, and public outreach. Our most experienced consultants will actively contribute their expertise to serving your needs. Measurable Results Our services have helped more than 200 municipalities significantly reduce costs and achieve or exceed pro- gram goals. We have helped to establish and monitor sound contracts, and effectively deliver collection serv- ices to residents and businesses. For example, the -- - -- City-oftawndale's-residential-diversion-rate in-are7ased- 30 percentage points in three years with HF&H's assistance. uwx 1113N, :k y VALUE Our contract management services can address all facets of your contracts, permits, and program needs and desired goals. We can: • Maximize your ability to meet and exceed program and diversion goals • Take a proactive approach to minimize compliance issues with your contractors, permittees, and/or regu- lators • Improve collection services and program performance by working with contractors and/or permittees to ensure that: - Performance standards are enforced - Contract requirements are being met - Contractor payments are timely and accurate - Customer rates are competitive and accurate - Customer requests and complaints are responded to in a timely manner • Monitor programs to identify potential problems and plan for future changes "The reason we hire HF&H time and again is the personal service. They are extremely responsive to our needs, I would recommend HF&H to any jurisdiction faced with challenging solid waste issues." Tami Piscotty, Assistant to the City Manager, City of La Palma HF&H Consultants, LLC 3 September 5, 2008 City of Diamond Bar Exhibit A: HF&H Serzrice Brochures Proposal to Provide Solid Waste Contracting Assistnnce SERVICES Contract Compliance • Monitoring compliance with contract requirements • Tracking and analysis of program data • Audits of contractor's records • Verification of requested rate adjustments • Assessment of diversion and outreach programs Contract Coordination and Oversight • Facilitation of regular meetings with contractor • Development and implementation of performance improvement plans • Review and approval of public education materials • Response to customer complaints Periodic Contract Management Assistance • Negotiation of contract amendments • Preparation of contract management tools • Development of data tracking and analysis process • Survey of customers to assess quality of service and future needs "7n my 25+ years of municipal adminis- tration, I have retained and managed the .services of over 95 different consulting firms. I can truly say that HF&H is probably the finest firm in terms of personnel, flexibility, expertise and effectiveness that I have ever worked with." Antonio E. Acosta, Deputy City Manager! Leisure Services Director, City of Union City ADVANTAGES YOU CAN TRUST Client Satisfaction Our clients have unanimously reported 100% satisfac- tion with our results, hire us again and again, and rec- ommend our services to other jurisdictions with similar needs Incomparable Support HF&H delivers outstanding support every step of the way. We build long-term relationships and deliver long- term value. Substantial Results We address your particular challenges and maximize your solid waste, recycling and diversion results. We've saved our clients millions of dollars collectively through expert monitoring of contractor compliance. One -Source Solutions As a team with extensive public sector and private hauler experience, we offer comprehensive solutions to your diversion compliance and contract performance issues. Get to know is and discover why we're the right choice for your public agency's contract management needs. 'Results of 2006 HF&H Client Satisfaction Survey conducted by Johnston, Gremaur. & Rossi, LLP, Certified Public Accountants. HF&H ConsidtoliK LLC Scptemher 5, 2008 Northern Callfornia Southern California Contract Management Services 2175 N. California Boulevard, �tg90 3990 Westerly Place, #195 Recycling & Solid Waste Contract Services Walnut Creek, CA 94596 Newport Beach, CA 92660 Recycling & solid Waste Audit Services 925-977-6950 949-251-8628 Vehicle Impact Studies Management & Operations Reviews Bob Hilton Laith Ezzet • Program Implementation, Diversion & Sustainability Services rhilton@hfh-consultants.com lezzet@hfh-consultants.cem Recycling & Solid Waste Rate Services Farnkopf John _ - --_ ._ • Funding Storm Water & Street Programs jfarnkopf@hfh-consultants.com wv✓vd.hfh-consultants.com 'Service brochures are available upon request W j fi-Y'1 N,J•'y�r F5• ' ' r 5 m T( �: '{ Y 9 3 , •r= HF&H ConsidtoliK LLC Scptemher 5, 2008 City of Diamond Bar Exhibit A: HF&H Semite Brochures Proposal to Provide Solid Waste Contracting Assistance RECYCLING & SOLID WASTE CONTRACT SERVICES SOLUTIONS Rewarding Contract Solutions Having trouble developing contract terms? Your contractor won't sign on the dotted line? Although the recycling and solid waste contracting process may initially seem straightforward, jurisdictions often discover they need experts to help them navigate the rugged terrain. At HF&H, our expertise ensures your contract issues and contractor selection projects receive! focused attention and yield rewarding results. Your Needs. Our Priorities. Comprehensive contracts set the stage for future suc- cess. That's why HF&H makes certain your agreements will satisfy your unique long-term needs. Our experi- enced staff of experts can resolve your contract chal- lenges by: • Offering intelligent strategies for developing new agreements and enhancing existing agreements. • Managing competitive contractor selection processes that generate numerous proposers and yield reasonable costs. • Providing objective, trustworthy contract recommen- dations to avoid unnecessary deliberation over the negotiating table or at City Council meetings. Maximized Results Our progressive contracting approach maximizes effectiveness and minimizes inefficiency- HF&H has assisted approximately 100 California communities in achieving their recycling and solid waste contract objectives. Our commitment to excellence has support- ed successful negotiation of agreements valued at more than one billion dollars and saved our clients hun- dreds of millions of dollars. Our deep understanding of the recycling and solid waste industry and associated contracting processes allows our team of qualified experts to: • Plan effective diversion programs and contractor services. • Generate tight, well -organized, and readable contracts. • Negotiate win-win contract terms and conditions. • Provide dependable industry benchmarks for cost and service comparisons. • Offer independent, objective proposal evaluations and contractor recommendations. "The most telling characterization of your firm's capability in managing complex procurement projects was the repeated accolades from the members of the Board of Supervisors." Gerry Newcombe Solid Waste Management Division Manager San Bernardino County HF&H Consultants, LLC 5 September S, 2008 City lDiamond Bar Exhibit A: HF&H Ser­Cice Brochures Proposal to Pro,ridc Solid Waste Contracting Assistance SERVICES THAT Mull YOUR NEEDS ADVANTAGES YOU CAN TRUST At HF&H, we offer a suite of recycling and solid waste contract services that meets the unique demands of each city and public agency. Our comprehensive solu- tions are designed to streamline every challenging contracting process your jurisdiction undertakes. Competitive Contractor Selection Processes We develop procurement strategies; evaluate and plan future program and contract needs; facilitate communi- ty workshops and public.input activities; generate requests for proposals and requests for bids; prepare collection, processing, and disposal agreements; nego- tiate agreements; establish rates; revise municipal codes for consistency with new services; and support city council presentations. Contract Negotiations and Amendment Services Vire develop contract negotiation strategies, offer rec- ommendations on new or amended contract language, prepare appropriate contract language, evaluate pro- posed services and costs, and assess rates compared to neighboring communities. Post -Contracting Implementation Services We provide transition management and monitoring assistance, post -implementation audits of contractor performance, and contract management and oversight assistance. Client Satisfaction Our clients have unanimously reported 100% satisfaction with our results, hire us again and again, and recommend our services to other jurisdictions with similar needs.* Incomparable Support HF&H delivers outstanding support every step of the way. We build long-term relationships and deliver long-term value for every client. Substantial Results We address your particular challenges and maximize your solid waste, recycling and diversion results We've saved our clients millions of dollars collectively through expert monitoring of contractor compliance. One -Source Solutions As a team with extensive public sector and private hauler experience, we collaborate and offer compre- hensive solutions to your diversion compliance and contract performance issues. Get to know us and discover why we're the right choice for your contract development and negotiation needs "Results of 2006 HF&H Client Satisfaction Survey conducted by Johnston, Gremaux & Rossi, LLP, Certified Public Accountants. I I 1 is Tr 'f Northern California Southern California Contract Management Servicc; 2175 N. California Boulevard, 4990 3990 Westerly Place, 4195 Recycling & Solid waste Contract Services Walnut Creek. CA 94596 Newport Beach, CA 92660 Recycling & Solid Waste Audit Services 925-977-695D 949-251-8628 vehicle Impact Studies • Management & Operations Reviews Be b Hilton Laith Ezzet Program Implementation. Diversion & Sustainability Services rhilton@hfh-consultants.00m lezzet@hfh-consultants.com Recycling & Solid Waste Rate Services John Farnkopf Funding Storm Water & Street Programs jfamkopf@hfh-consultants.com vrnrov.hfh-cansulfants.cee `Seryice brochures are available upon request NEW HF&H Consrrlhmts, LLC 6 September 5, 2005 City of Diamond Bar Exhibit A: HF&H Seizrice Brochures Proposal toProi4de Solid Waste Contracting PROGRAM IMPLEMENTATION, DIVERSION, & SUSTAINABILITY SERVICES SOLUTIONS Optimizing Your Options Compelling analysis. Decisive actions. Follow through. The breakthrough tactics needed to achieve AB 939 mandates can overwhelm jurisdictions strapped for time and specialized in-house talent. Fortunately, HF&H has the time, talent, and track record to provide power- ful options and solutions for all your diversion goals. Expert Guidance HF&Hclients benefit from our deep knowledge of the recycling and solid waste industry and our understand- ing of long-term community needs. We help you increase diversion volumes and achieve solid -waste reduction compliance by: • Developing, implementing, and monitoring cus- tomized programs and services to meet or exceed your objectives; including hard -to -reach sectors such as multi -family, commercial, and C&D generators. • Managing franchise agreements to facilitate optimal recycling and solid waste operations and ensure con- tractor compliance. • Tracking new and pending legislation to ensure that our clients are prepared to comply with new regula- tions. • Increasing used oil, used oil filter, and bottle and can recycling volumes through grant administration and program development. HFL'�H Const.fltants, LLC Desirable Results Our integrated approach to diversion program imple- mentation has achieved diversion goals for hundreds of California municipalities. Client success stories illus- trate the tremendous value of our diversion services: • Since contracting with HF&H, Lawndale implemented over a dozen new programs, increased City fees by over $350,000 per year, and improved contractor, reporting and diversion compliance; all resulting in a 30 percentage point increase in residential diversion rates in three years. • HF&H documented over 31,000 tons of misreported waste by over 60 unlicensed haulers in La Puente resulting in a 79 percentage point increase in the City's diversion rate. • Alternative Employment Adjustment Factor Certification in the cities of La Quinta, San Juan Capistrano, San Clemente and Dana Point increased diversion rates by 8 to 12 percentage points. • Tonnage modification reporting for Union City resulted in increased diverstion rates ranging from 14 to 28 percentage points. "HF&H has provided critical advice, sup- por4 and program oversight through theirAS 939 compliance services which has allowed our City to meet the State's diversion goal. " Marlene Miyoshi Director of Public Works City of Lawndale SeptC771be1' S, 2008 Cihj of Diamond Bar Exhibit A: HF&H Sei L ice Brochures Proposal to Provide Solid I,Vaste Contracting Assistance DY14AMIC SERVICES DIVERSION AND SUSTAINABILITYY ADVANTAGES YOU CAN TRUST HF&H offers a broad range of fully integrated services, which we tailor for every city and public agency we sense. We provide the expert guidance necessary to achieve or surpass diversion mandates and goals. AB 939 Implementation Services: We use our in- depth industry knowledge to develop, evaluate, imple- ment, and monitor progressive recycling and solid waste diversion programs to meet or exceed mandated and community -defined diversion goals. We formulate public education outreach and media relations curricu- lums; provide legislative and regulatory updates; and; review and redraft disposal reconciliation reports and audits. Sustainability Services: We determine "sustainability indicators" to alert our clients of recycling and solid waste program problems. We attend community meet- ings to select sustainability indicators and use commu- nity-based social marketing techniques to improve established sustainability indicators in program plan- ning efforts. Annual Report Services: We monitor and complete necessary documents, including: CIWMB Annual Reports; Disposal Modification and Alternative Adjustment Method forms; SB 1066 Time Extension Applications; Creation of a New Base Year; and Sewage Sludge Diversion Credit Applications. Client Satisfaction Our clients have unanimously reported 100% satisfac- tion with our results, hire us again and again, and rec- ommend our services to other jurisdictions with similar needs.* Incomparable Support HF&H delivers outstanding support every step of the way. We build long-term relationships and deliver long- term value for every client. Substantial Results We address your particular challenges and maximize your solid waste, recycling and diversion results. We've saved our clients millions of dollars, collectively, through expert monitoring of contractor compliance. One -Source Solutions As a team with extensive public sector and private hauler experience, we collaborate and offer coni hensive.solutions to your diversion compliance and contract performance issues. Get to know us and discover why we're the right choice for your program implementation, diversion, and sus- tainability services. `Results of 2006 HF&H Client Satisfaction Survey conducted by Johnston, Gremaux & Rossi, LLP, Certified Public Accountants. Northern California . Southern California Contract Management services 2175 N. California Boulevard, 4990 3990 Westerly Place, 41195 Walnut Creek, CA 94596 Newport Beach, CA 92660 925-977-6950 949-251-8628 Bob Hilton Laith Ezzet rhilton@hfh-consultants.com lezzet@hfh-consultants.com John Farnkopf jfarnkopf@hfh-consultants.com vnKw.hfh-consultants.com • Recycling & Solid Waste Contract Services • Recycling & Solid Waste Audit Services - Vehicle Impact Studies • Management & Operations Reviews Program Implementation. Diversion & Sustainability Services • Recycling & Solid Waste Rate Services Funding Storm Water & Street Programs "Service brochures are available upon request r� r 1y ' ,�i�"�,p 't�'{ x �'�. tyr" 47g", _ y� n HF&H Considtants, LLC 8 September 5, 2008 Cit1f of Diaincuid Bar Exhibit A: HF&H Service Brodn.aes Proposal to Provide Solid Waste Contracting Assistance MANAGEMENT & OPERATIONS REVIEWS SOLUTIONS Safeguarding Your Future As cities grow and develop, needs change. As a result of this municipal flux, jurisdictions must modify recy- cling and solid waste programs, services and goals in order to operate efficiently—but where do they begin? Without objective evaluations of their management decisions, financial position, and operational activities, many end up with more questions than answers. HF&H has the experience, knowledge and insight to help. Premium Performance HF&H is committed to optimizing the efficiency of your recycling and solid waste programs and services. Our reviews ensure these operations are cost effective, achieve waste reduction goals, and meet long-term community needs by: • Conducting management studies that accurately assess your management's key assumptions. We make: certain new or modified planning strategies and objectives are appropriate, financially sound, and viable. • Providing operation evaluations that accurately deter- mine the effectiveness, efficiency and safety of serv- ices provided by your operator. We identify causes of performance shortfalls; offer proven recommenda- tions to reduce costs and improve productivity and services; and assist with monitoring program results. �r 2x x a�tt e�l.ju' iMa E ' ;� 5 )qOUT.! Gratifying Results We focus on your unique goals and objectives. Our innovative approach to municipal and franchised opera- tional reviews identifies and substantiates opportunities to enhance your recycling and solid waste operations. As a result of recent HF&H management and opera- tions reviews, our clients have reported improvements such as a 10% decrease in routes, approximately $100,000 in reduced annual costs, and 10% increases in waste diversion. Our deep understanding of the recy- cling and solid waste industry allows our team of quali- fied experts to: • Plan and implement effective diversion programs and collection systems. • Evaluate operational effectiveness and develop rec- ommendations for improvement. • Provide dependable industry benchmarks for cost and service comparisons. • Offer independent, objective appraisal of operational and financial performance. "Your in-depth analysis of productivity associated with vehicles, equipment and testing asset purchases has saved ratepayers approximately $125,000 over the last three years." Mark Bowers Solid Waste Program Manager City of Sunnyvale HF&H Consultants, LLC 9 September 5, 2005 City of Diainond Bar Exhibit A: HF&H Service B7•oe71117"Cs Proposal to Provide Solid Waste Contracting Assistance UNSURPASSED SERVICES HF&H offers a comprehensive collection of services designed to enhance the performance and effective- ness of recycling and solid waste programs and servic- es. We provide optimal solutions for each public agency we assist. Cost of Service and Operation Review: We use proven industry standards to objectively evaluate the relationship between your cost of services and opera- tional productivity to ensure your goals are met or exceeded. Facility and Program Design Review: We assess existing facility and program designs to improve the bottom-line results of your operations. Management Studies: We analyze your key assump- tions and develop strategic long-term plans to assure your jurisdiction meets projected operational, program, and capacity demands. Organizational Studies: We assess existing staffing and organizational structure to verify proper assign- ment of responsibility. Strategic Planning Review: We establish program goals and systems and provide recommendations of operational and programmatic improvements to ensure long-term needs and goals are met. ADVANTAGES YOU CAN TRUST Client Satisfaction Our clients have unanimously reported 100% satisfac- tion with our results, hire us again and again, and rec- ommend our services to other jurisdictions with similar needs.* Incomparable Support HF&H delivers outstanding support every step of the way. We build long-term relationships and deliver long- term value for every client. Substantial Results We address your particular challenges and maximize your solid waste, recycling and diversion results. We've saved our clients millions of dollars collectively through expert monitoring of contractor compliance. One -Source Solutions As a team with extensive public sector and private hauler experience, we collaborate and offer compre- hensive solutions to your diversion compliance and contract performance issues. Get to know us and discover why we're the right choice for your management and operations services. 'Results of 2006 HF&H Client Satisfaction Survey conducted by Johnston, Gremaux & Rossi, LLP, Certified Public Accountants. it Northern California Southern California Contract Management Services 2175 N. California Boulevard, 4990 3990 Westerly Place, V195 Walnut Creek, CA 94596 Newport Beach, CA 92660 925-977-6950 949-251-B628 Bob Hilton Laith Ezzet rhilton@hfhconsultants.com lezzet@hfh-consultants.com John Farnkopf jfamkopf@hfh-consultants.com wvnu.hfh-consultants.com • Recycling & Solid Waste Contract Services • Recycling & Solid Waste Audit Services. • Vehicle Impact Studies • Management & Operations Reviews Program Implementation, Diversion & Sustainability Services • Recycling & Solid Waste Rate Services Funding Storm Water & Street Programs `Service brochures are available upon request City of Dinmond Bar Exhibit A: HF&H Set c>ice Brochures Proposal to Provide Solid Waste Contracting Assistance RECYCLING & SOLID WASTE RATE SERVICES SOLUTIONS First -Rate Results Defending Your Rates Fair and sensible collection rates play a key role in your recycling and solid waste equation. That's why your jurisdiction needs to know if a request for a rate or compensation increase from your collection or material processing contractor makes sense. At HF&H, our in- depth rate and compensation reviews can prevent problems and ensure your collection rates are always right on the mark, Covered, Every Detail Our clients trust HF&H to provide expert evaluations of contractor ratelcompensation modification applications, financial statements, operation records, and rate struc- tures. Our objective reviews and studies arm your juris- diction with every statistic necessary to successfully address contractor rate lcompensation queries by: • Calculating contractor rates/compensation and alter- native rate structures to cover specified contractor and municipal costs and to maximize waste reduction goals. • Ensuring all current and requested recycling and solid waste rates/compensation are reasonable and sup- ported by accurate documentation. �! t rrt ��7ti �r iiii vii& r r 4 r PA. �� Q Our commrtmem to providing accurate and comprehen- sive rate and compensation studies and reviews allows us to consistently detect omissions, errors and over- sights. We have assisted approximately 100 communi- ties throughout the Western United States in success- fully analyzing requested rate/compensation increases. The results? Individual clients have saved millions of dollars in avoided contractor rate and compensation increases. • A recent HF&H collection rate review resulted in a reduction in a collection contractor's requested rate increase from 21.9% to 7.9% (based on more than a $1,400,000 reduction to the hauler's projected rev- enue requirement and a $342,000 increase in the hauler's projected revenue for the forthcoming rate period). • A recent HF&H processing facility compensation review resulted in a reduction in the facility operator's requested 2007 compensation from $29.8 million to $27.8 million—a savings of $2.0 million. "With each review of Marin Sanitary Service's late Application, your team's focus on details and industry experience has produced results that prove beneficial to the City --- yet are acceptable to the Company." Ken Nordhoff Assistant City Manager, City of San Rafael HF&H Consultants, LLC 11 Septemllet-5, 2008 City of Diainond Bar Exhiiit A: HF&H Se771ice B1'01711717eS Proposal to Prooide Solid.il/nste ContractingAssiston.ce i UNRIVALED RATE SERVICES ADVANTAGES YOU CAN TRUST HF&H provides recycling and solid waste rate services tailored to meet the unique demands of each city and I public agency. We provide consulting services exclu- sively to public agencies in order to avoid conflicts of interest in appearance and in fact that may arise in firms that serve both the public and private sectors. Our team of experts will work diligently to help you reduce costs and provide creative solutions to achieve. your program goals. Our reviews provide you with the i assurance of an independent, expert, and thorough verification of the reasonableness and necessity of the contractor's requested rate/ compensation increase. Compensation Procedures Reviews: We develop policies and procedures that streamline and standard- ize the preparation and review of requested rale/com- pensation increases to ensure common expectations and avoid antagonistic relationships. Cost of Service StudiestRate Reviews: We analyze hauler revenue and expense financials, operations records, future plans, and projected financial results of operations to analyze the reasonableness of requested ratetcompensation increases. We determine the equity of projected costs for providing a wide range of recy- cling and solid waste related services including the use of split -body trucks, weekly versus bi-weekly col- lection, and residential and commercial food waste col- lection and processing. Rate Structure Reviews: We establish alternative col- lection rate structures to encourage more efficient serv- ice, waste reduction, and diversion. Client Satisfaction Our clients have unanimously reported 100% satisfac- tion with our results, hire us again and again, and rec- ommend our services to other jurisdictions with similar needs.' Incomparable Support HF&H delivers outstanding support every step of the way. We build long-term relationships and deliver long- term value for every client. Substantial Results We address your particular challenges and maximize your solid waste, recycling and diversion results. We've saved our clients millions of dollars collectively through expert monitoring of contractor compliance. One -Source Solutions As a team with extensive public sector and private hauler experience, we collaborate and offer compre- hensive solutions to your diversion compliance and contract performance issues. Get to know us and discover why we're the right choice for your recycling and solid waste rate services. "Results of 2006 HF&H Client Satisfaction Survey conducted by Johnston Gremaux & Rossi, LLP, Certified Public Accountants. iL Northern California Southern California Contract Management Services 2175 N. California Boulevard, 4990 3990 Westerly Place, 4195 Recycling & Solid Waste Contract Services Walnut Creek, CA 94596 Newport Beach, CA 92660 Recycling & Solid Waste Audit Services 925-977-6950 949-251-8628 vehicle Impact Studies - IJianagemenl & Operations Reviews Bob Hilton Laith Ezzet Program Implementation, Diversion & Sustainability Services rhi[ton @hfh-consultants.corn lezzet@hflrconsultants.eom Recy:Agn & Solid Waste Rate Services John Farnkopf Funding Storm water & St -eel Programs jfamkopf@hfh-consultants.com vvww.hfh-consu[fan ts.com "Service brochures are available upon request t r I c r t '. trk Fel €',i• ""�,`` " is , `! HF&J-I Consu..ltan.ts, LLC 72 Septeniber5, ZOOS City of Diamond Bar Exhibit A; HF&H Senn:ce Brochures Proposal to Provide Solid Waste Contracting Assistance VEHICLE IMPACT STUDIES SOLUTIONS Innovative Ideas Abound Street Maintenance Dilemma Many cities now struggle with the difficult task of fund- ing adequate street maintenance. State and local budg- ets continue to decrease. Gas taxes are stretched thin. Public street use continues to grow. As if this weren't enough, statistics prove that refuse, construction, and transit vehicles can cause up to 60% of total vehicle damage to public streets annually—which can cost jurisdictions tens of thousands to millions of dollars to repair. How can this damage from heavy-duty vehicles be proven and how can maintenance expenses be recovered from parties creating the damage? Fortunately, HF&H has solutions. Premium Studies, Lucrative Solutions Clients rely on HF&H when they need experts to evalu- ate street deterioration factors, measure the impact of refuse, construction and transit vehicles—and provide street maintenance funding solutions. As leaders in this arena, me help jurisdictions achieve street maintenance funding goals by: • Conducting proven impact studies to assess and dDC- ument the detrimental effects that heavy-duty vehi- cles impose on public streets. • Developing innovative funding strategies to equitably recover maintenance costs from responsible parties. K, 1�.y,� aEu�x! �r� Ir r � M+ r 1 t err a� 1J t 1 HF&H understands that jurisdictions must find new ways to acquire revenue in order to maintain safe, high-quality roadways. Our studies substantiate that one way to fund street maintenance is to initiate Refuse Vehicle Impact Fees in addition to franchise fees. Our experts help clients calculate and establish appropriate Refuse Vehicle Impact Fees based on vehi- cle usage for regular collection services and, if applica- ble, at solid waste and/or recycling facilities within juris- dictions—which can contribute hundreds of thousands of dollars annually toward street maintenance. Remarkable Results California jurisdictions have reaped the rewards of HF&H refuse vehicle and facility host impact studies: • The City of Fresno identified $726,000 in Refuse Vehicle impacts; $597,000 in Transit Vehicle impacts; and $7,912,000 in Construction Vehicle impacts. • The City of Livermore now collects approximately $1,823,000 annually to assist with street mainte- nance related to Refuse and Construction vehicles. "On behalf of the City of Livermore Public Works Department, I would like to take this opportunity to express my satisfaction and appreciation for the outstanding services provided by HF&H" Dan McIntyre. P.E. Public Works Director, City of Livermore HF'rH Consid tants, LLC 13 September 5, 2008 City of Diamond Bar Exhibit A: HF&H Service Brocl io-es Proposal to Provide Solid Waste C017&actino Assistance VALUABLE IMPACT STUDY SERVICES HF&H studies accurately measure the damage caused to city streets by refuse, construction and transit vehi- cles- Our studies often find that the damage caused by heavy-duty vehicles produces a disproportionate finan- cial burden that can be alleviated. HF&H performs the following studies to help determine the impact of varinus vehicles and facilities on street quality: Recycling and Solid Waste Vehicle Impact Studies: We collaborate with our clients' service providers to dis- tinguish the physical impact of and associated mainte- nance expenses from collection vehicles regularly oper- ating on public streets. Construction Vehicle Impact Studies: We analyze building permit volumes, construction categories, traffic classifications, and street quality to determine street maintenance impacts and associated maintenance expenses of building activity. Transit Vehicle Impact Studies: We study vehicle types, routing, ridership, and trip frequencies of bus transit systems to calculate the impact on public streets and associated maintenance expenses. Facility Impact Studies: We work with host jurisdic- tions and facility operators to establish the impacts of hosting regionally used facilities in their jurisdictions and to set reasonable host fees for those facilities. ADVANTAGES YOU CAN TRUST Client Satisfaction Our clients have unanimously reported 100% satisfac- tion with our results, hire us again & again, and recom- mend our services to other jurisdictions with similar needs.* Incomparable Support HF&H delivers outstanding support every step of the way. We build long-term relationships and deliver long- term value for every client. Substantial Results We address your particular challenges and maximize your solid waste, recycling and diversion results. We've saved our clients millions of dollars collectively through expert financial analysis. One -Source Solutions As a team with extensive public sector and private hauler experience, we collaborate and offer compre- hensive solutions to your diversion compliance and Contract performance issues. Get to know us and discover why we're the right choice for your vehicle impact study and street maintenance funding solutions services. `Result=- of 2006 HF&H Client Satisfaction Survey conducted by Johnston, Gremaux & Rossi, LLP, Cenified Public Accountants. jfamkopf@hfh-consultants.com www.hfh-cons,ltants.com "Service brochures are available JPpr1 request Northern California Southern California Contraci Management Service; 2175 N. California Boulevard, .#990 3990 Westerly Place, 4195 Recycling & Solid Waste Contract Services Walnut Creek, CA 94596 Newport Beach, CA 92660 Recycling & Solid Waste Audit Servicc_s 925-977-6950 949-251-8628 vehicle Impact Studies Management & Operations Reviews Bob Hilton Laith Ezzet Program Implementation. Diversion & Sustainability Services rhilton@hfh consultants.com levet@hth-consultants.com Recycling & Solid Waste Rate Services Jolhn Farnkopf Funding Storm Water & Street Programs jfamkopf@hfh-consultants.com www.hfh-cons,ltants.com "Service brochures are available JPpr1 request City of Dial?7071d Bar Exlulrit B: Client List Proposal to Proznde Solid Waste Cont, acting Assistance EXHIBIT B: CLIENT LIST Aerojet General Corporation City of Carson Alameda County Clean Water Program City of Carson City, Nevada Alameda County Waste Management City of Cerritos Authority City of Chandler Alameda County Water District City of Chula Vista Alameda Joint Refuse Rate Review City of Clovis Committee City of Compton Alameda Solid Waste Advisory Committee City of Corte Madera Amador Water Agency City of Cotati Bay Area Water Supply & Conservation City of Covina Agency City of Cudahy Bear Creek Valley Sanitary City of Cupertino Bold, Polisner, Maddow City of Daly City Brown, Vence & Associates, Inc. City of Dana Point Bryan A. Stirrat & Associates City of Davis California Water Service Company City of Del Mar Carmichael Water District City of Diamond Bar Castro Valley Sanitary District City of Downey Central Contra Costa Sanitary District City of Dublin Central Contra Costa Solid Waste Authority City of East Palo Alto City of A delanto City of El Centro City of Alameda City of El Cerrito City of Albany City of El Monte City of Anaheim City of Elk Grove City of Arcadia City of Emeryville City of Ashland City of Encinitas City of Atherton City of Eugene City of Atwater City of Fair Oaks City of Azusa City of Fairfield City of Burstow City of Fairfield City of Bellflower City of Fillmore City of Belmont City of Florence City of Belvedere City of Folsom City of Benicia City of Fort Bragg City of Beverly Hills City of Fort Collins, CO City of Brentwood City of Fortuna City of Burbank City of Foster City City of Burlingame City of Fremont City of Calabasas City of Fresno City of Camarillo City of Fullerton City of Campbell City of Garden Grove City of Canyon Lake City of Gilroy City of Carlsbad City of Glendale, Arizona City of Carpinteria City of Glendale, California HF&H Ca,isiiltaiats, LLC 1 September 5 2008 City of Diaiamd Bar Proposal to Provide Solid Waste Contracting Assistance City of Glendora City of Goodyear City of Gridley City of Guadalupe City of Hawthorne City of Hayward City of Healdsburg City of Hercules City of Hesperia Town of Hillsborough City of Hollywood City of Imperial Beach City of Indian Wells City of Indio City of Inglewood City of Irvine City of Kensington City of La Canada-Flintridge City of La Habra City of La Palma City of La Puente City of La Quinta City of La Verne City of Laguna Beach City of Laguna Niguel City of Lake Forest City of Lancaster City of Lathrop City of Lawndale City of Lincoln City of Litchfield Park, Arizona City of Livermore City of Lodi City of Long Beach City of Los Altos Town of Los Altos Hills City of Los Angeles City of Los Banos Town of Los Gatos City of Lynwood City of Manhattan Beach City of Manteca City of Martinez City of Menlo Park City of Mesa Consolidated Exhibit B: Client List City of Mill Valley City of Millbrae City of Milpitas City of Mission Viejo City of Modesto City of Monrovia City of Montclair City of Monte Sereno City of Monterey Park City of Morgan Hill City of Mountain View City of Murrieta City of Napa City of Newark City of Newport Beach City of Newport, OR City of Northridge City of Oakland Public Works Agency City of Ogden, UT Town of Old Sacramento City of Ojai City of Orange City of Oxnard City of Pacifica City of Palm Desert City of Palm Springs City of Palmdale City of Palo Alto Town of Paradise City of Pasadena City of Paso Robles City of Peoria, AZ City of Petaluma City of Piedmont City of Pinole City of Pleasanton City of Pomona City of Port Hueneme City of Portland City of Portola Valley City of Poway City of Rancho Palos Verdes City of Rancho Santa Margarita City of Redondo Beach City of Redwood City HF&H C017ndtants, LLC September 5, 2008 Cihj of Diamond Bar Exhibit B: Client List Proposal to Proz4de Solid Waste Contracting Assistance City of Rio Vista City of Vallejo City of Riverside City of Vancouver, WA City of Rohnert Park City of Vernon City of Roseville City of Visalia City of Sacramento City of Walnut Creek City of Saginaw City of Watsonville Town of San Anselmo City of West Hollywood City of San Bernardino City of West Linn, OR City of San Bruno City of Whittier City of San Buenaventura Town of Windsor City of San Carlos City of Winters City of San Clemente City of Woodland City of San Diego City of Yountville City & County of San Francisco Citygate Associates City of San Jose Clackamas County City of San Juan Capistrano Coachella Valley Association of City of San Leandro Governments City of San Luis Obispo Contra Costa Water District City of San Mateo County of El Dorado City of San Rafael County of Humboldt City of San Ramon County of Kern City of Sandy County of Los Angeles City of Sanger County of Marin City of Santa Ana County of Mariposa City of Santa Barbara County of Mendocino City of Santa Clarita County of Merced City of Santa Cruz County of Mono City of Santa Monica County of North San Diego City of Santa Paula County of Riverside City of Santa Rosa County of Sacramento City of Santee County of Sari Bernardino City of Seattle County of San Luis Obispo City of Sebastopol County of San Mateo City of Sedona, AZ County of Santa Barbara City of Selma County of Sutter City of South Gate County of Tulare City of South San Francisco County of Ventura City of Sunnyvale County of Yolo City of Temecula David M. Griffith & Associates City of Thousand Oaks Delta Diablo Sanitation District Town of Tiburon East Bay Municipal Utilities District City of Torrance East Palo Alto Sanitation District City of Tustin Fairfield -Suisun Sewer District City of Union City Fred Hutchinson Cancer Research Center City of Upland Fremont Unified School District HF&H Crnisultmits, LLC 3 September 5, 2008 Cihj of Dia»iond Bar Exhibit B: Chm..t List Proposal to Proz ide Solid tiAlaste Coitran, Assist171I.Ce Glenn County Public Works Greater Vancouver Water District Groveland Community Services District Hanson, Bridgett, Marcus, Vlahos & Rudy Humboldt Waste Management Authority Integrated Waste Management & Recycling Josephine County/ Grants Pass SWA Kensington Police Protection Lake County / City Area Planning Council Lane County Waste Management Las Gallinas Valley Sanitary District Los Angeles County Sanitation District Los Trancos County Water District Lukins Brothers Water Company Malaga County Water District Marivi- County Community Development Agency McCu.tchen Doyle Brown & Emersen, LLP Metropolitan Water District Morrison & Foerster Mountain View Sanitary District North American Development Bank North Coast County Water District Novato Sanitary District Olivenhain Municipal Water District Orange County Orange County/ City Mans SW Working Group Oro Loma Sanitary District Placer County Water Agency Riverside County Waste Resources Management District Ross Valley Sanitary District RTI International San Francisquito Creek JPA San Gabriel Valley Council of Governments San Juan Water District Sanitary District No. 5 of Marin County Santa Clara Valley Water District Santa Margarita Water District Sausalito -Marin City Sanitary District Scotts Valley Water District SCS Engineers Sharon Heights Golf & Country Club Silicon Valley Animal Control Authority Somach, Simmons and Dunn South Bayside Waste Management Authority South. County Fire South El Monte Joint Defense Group Southeast Water Coalition JPA Stanislaus County SWANA Tamalpais Community Services District The State Bar of California Tri -City Waste Management Union Sanitary District Veterans Home Administration Waste Management of Los Angeles West Bay Sanitary District West Contra Costa Integrated Waste Management West Valley Cities SWPM West Valley Sanitary Waste Management West Valley Solid Waste Management Authority Western Municipal Water District Western Riverside Council of Government HF&H Cvrisidtants, LLC s September 5, 2008 City of Diaazond Bar Exhibit C: Staff Resi.rmes Proposal to Provide Solid Woste Contracting Assistance EXHIBIT C: STAFF RESUMES LAITH EZZET, CMC, SENIOR VICE PRESIDENT RANGE OF EXPERIENCE Mr. Ezzet's expertise lies in integrated waste management program planning and funding, solid waste collection operations, recycling and yard waste programs, procurement and negotiation of solid waste services contracts, waste diversion studies, community involvement and public outreach, regulatory policy, service cost tracking, rate setting, landfill funding, cost - benefit analysis, efficiency studies, financial and economic modeling, industry surveys, and statistical market research. PROFESSIONAL AND BUSINESS HISTORY HF&H Consultants, LLC: Senior Vice President, 1996 to Present; Senior Associate, 1991 to 1995 Price Waterhouse: Manager, 1990 to 1991; Senior Consultant, 1988 to 1990; Associate, 1987 U. S. Army Corps of Engineers, Water Resources Branch: Economist, 1983 to 1986 PROFESSIONAL ORGANIZATIONS California Resource Recovery Association (Past Director and Chapter Treasurer) Institute of Management Consultants Solid Waste Association of North America (Corporate Director, Southern California Founding Chapter) Southern California Waste Management Forum ARTICLES AND SPEECHES Moderator, "Managing Unique and Special Wastes," SWANA Workshop, September 9, 2004 "An Overview of Solid Waste Rates & Market Conditions in Southern California," presented to the San Gabriel Valley Council of Governments Solid Waste Committee, June 27, 2001 "Are the Trash Wars Over in Southern California?" presented at the Southern California Waste Management Forum, Pomona, May 2001 "Consolidation in the Southern California Waste Hauling Market: Effects on Rates, Services, Cities and Service Providers", presented at SWANA's 29th Annual Western Regional Solid Waste Symposium, Palm Springs, May 2000 "Solid Waste Services and the Purchasing Power of 100 Large Public Service Providers in North America", presented and published at WASTECON, Reno, October 1999 "How to Maximize Your Savings from Competitive Proposals for Contract Collection Operations", presented at SWANA's 3rd Annual Planning & Management Symposium, New Orleans, July 1999 EDUCATION AND PROFESSIONAL CERTIFICATION M.B.A., Tuck School of Business Administration at Dartmouth College, 1988 M.B_A., course work at the London Business School, 1987 A.B., cum laude, Economics, Occidental College, 1984 Certifies( Management Consultant (CMC Professional Certification) HP&H Coasidtants, LLC 7 September 5, 2005 Citi of Diamrntci BarExhibit C Stnff Resumes Prohosal to Proaide Solid Waste Contractiaig Assistaiice USAF KEATING, JD, SENIOR ASSOCIATE RANGE OF EXPERIENCE Lisa Keating has assisted cities with procurement processes for the past nine r years. She assisted the cities of Bellflower, Beverly bills, Compton, El Centro, Lawndale, Manhattan Beach, Mission Viejo, Palm Desert, Rancho Palos Verdes, Riverside, Santa Clarita, Tustin, and Goodyear (Arizona), and the County of Orange through the procurement process for new solid waste collection and recycling agreements. She has drafted both Requests for Proposals and Requests for Bids, and the related agreements. She has reviewed hauler proposals for solid waste collection, recycling and disposal services. Ms. Keating assisted the cities of Dana Point, Inglewood and Palmdale to re -negotiate their collection contracts. She assisted the cities of Carlsbad, Dana Point, Garden Grove and Murrieta with contract reviews to evaluate re -negotiation options. PROFESSIONAL AND BUSINESS HISTORY HF&H Consultants, LLC; Senior Associate, 1999 to present. M. Tam International, Inc.; Legal Counsel and Corporate Secretary, 1998 to 1999 Morgan Stanley Dean Witter; Financial Advisor, 1989 to 1998 Cutler Productions, Director of Publicity; 1988 to 1989 Nikko Securities International; 1987 to 1988 ARTICLES AND SPEECHES "Construction & Demolition Debris: Diversion, Disposal & Reporting", presented at the San Gabriel Valley Council of Government's Workshop on the Disposal Reporting System, West Covina, February 2001. "Construction & Demolition Debris Ordinance and Program Possibilities", presented at the California Resource Recovery Association Annual Conference, Pasadena, July 2001. "C&D Ordinance & Program Options", presented at the Solid Waste Association of North Americas Annual Waste Reduction, Recycling and Composting and Annual Collection and Transfer Conference, San Diego, February 2004. "Pain Free: Cities in California are Trying Contractor Friendly Methods to Promote C&D Recycling" C&D Recycler magazine, March/April 2002, p. 20. EDUCATION AND PROFESSIONAL CERTIFICATION J.D., cum laude, Western State University, College of Law, Fullerton, CA B.A., Economics, University of California at Los Angeles Accounting for Managers, University of California at Irvine Member, California State Bar HFcrH Constdtniits, LLC Sehtember5, 2008 City of Diarn.ond Bar Erlribit C: Staff Resuiiies Proposal to Provide Solid Waste Contiactiiig Assistance DA►RRELL BICE, CPA, DIRECTOR OF RECYCLING & SOLID WASTE AUDITS RANGE OF EXPERIENCE Darrell Bice is a Certified Public Accountant with 32 years of auditing and accounting experience, including experience in public accounting and in the solid waste industry. During his time in public accounting, he participated in and supervised the annual audits of a major public solid waste company._;; He served as an assistant corporate controller for five years and as a division controller for two years in the solid waste industry for a major solid waste company. As an assistant corporate controller, he reviewed the results of } operations for ten California divisions, which included the analysis of`t financial statements and operating reports to evaluate the performance of the division .and report to corporate management. While a division controller, Mr. Bice assisted in the development of a commercial refuse pricing model, incorporating the full cost of service and desired profit levels. Additionally, he participated as a team member in the development of the cost -of -service and resulting pricing structures for proposals to several southern California municipalities. As a solid waste consultant, during the past seven years, Mr. Bice has participated in a variety of solid waste projects for over 30 municipalities and governmental agencies. He participated in procurement/ negotiation support projects for two southern California cities. PROFESSIONAL AND BUSINESS HISTORY HF&H Consultants, LLC: Senior Associate, January 1998 to present HF&H Consultants, LLC: Associate, May 1996 to January 1998 Western Waste Industries, Division Controller, July 1994 to May 1996 Western Waste Industries, Assistant Corporate Controller, March 1989 to June 1994 Majestic Realty & Commerce Construction Company, Controller, 1986 to 1988 Western Tube & Conduit Corporation, Assistant Controller, 1985 to 1986 Ernst & Whinney (Young), Audit Manager, 1979 to 1985 EDUCATION AND PROFESSIONAL CERTIFICATION B.A. (1975), Accounting, California State University, Fullerton Certified Public Accountant PROFESSIONAL ORGANIZATIONS Southern California Waste Management Forum (Director and Vice -Chair) American Institute of Certified Public Accountants Califorruua Society of Certified Public Accountants PRESENTATIONS "Are the Books Cooked, or Just Slightly Sauteed?" presented to the Solid Waste Association of North America (SWANA), Palm Springs, May 2003. "Evaluation of Rate Adjustment Requests", presented to the Solid Waste Association of North America (SWANA), Lake Tahoe, May 2002, to the San Gabriel Valley Council of Governments, West Covina, June 2001; and to the South Bay Cities workgroup (SBBEC), Redondo Beach, October, 2003. HF&H &iisidtaiits, LLC 3 September 5, 2008 City of Diaiimid Bar Exhibit C: Staff Resumes Proposal to Proznde Solid Waste Contracting Assistari.ce DEBBIE MORRIS, SENIOR ASSOCIATE RANGE OF EXPERIENCE Ms. 'Morris has over twenty-three years of experience with local government, public accounting, and solid waste consulting firms. For the past fifteen years she has worked for HF&H, where she has been the principal analyst responsible for gathering and tabulating data for the solid waste surveys of programs, rates, services, and facilities used by cities in the counties of Imperial, Los Angeles, Orange, Riverside, San Diego, San Bernardino, and Ventura. She has performed data input and assisted with model development for several large regional solid waste system studies, including the Orange County RELOOC study, the Riverside County Cooperative Waste Management study and others. She has also assisted m the gathering and analysis of data for a conversion technologies project for the California Integrated Waste Management Board (CIWMB). In-depth descriptions of her annual report, AB 939 compliance, franchise management and auditing experience are included below. PROFESSIONAL EXPERIEN 1992 to present: HF&H Consultants, LLC, Newport Beach, California. 1985 to 1992: Price Waterhouse, Newport Beach, California 1983 to 1985: City of Irvine, Irvine, California EDUCATION B.S. studies, Concordia University, Irvine A.S. Business, Irvine Valley College HF&' -f Coastltarnts, LLC 4 September 5, 200,'3 City of Diamond Bar Exhibit D: Client Testimonial Letters Proposal to Prorlide Solid Waste Contracting Assistance EXHIBIT D: CLIENT TESTIMONIAL LETTERS May 3D, 2007 Laith Ezzet, Senior Vice President Hilton, Famkoph & Hobson 3990 Westerly Place, Suite 195 Newport Beach, CA 92660-2311 Dear Laith, The City of El Centro would like to thank you for your expertise on solid waste issues, your connections in the industry that attracted qualified proposers, and your detailed understanding of our community. It all came together to provide quality service to our residents. Hiring Hilton, Famkopf & Hobson resulted in significant financial rewards, from both the billing analysis you conducted as well as the new franchise agreement you helped us develop. Even though there has not been a rate increase in four years, City of El Centro residents will see only a 2%increase in rates while the City will increase its revenue by nearly 27% as a result of your efforts. The integrity with which HF&H navigated the City through this process was above reproach. City council members, as you know, praised your work methods, thoroughness, and professionalism. Your work exceeded our expectations and will help the City take control of all aspects of its waste hauling services. Sincerely, Terry Hagen, P.E. Director of Public Works/City Engineer Public Works Department 1275 Main Street, EI Centro, CA 92243 (760) 337-4505 Fax (760) 337-3172 9— Mena....» ftli n' 9Wpm1 &xvbes Dh3den M.bz My Wp—dDhdSw. Uvdm—dUiD9ic Dhridvn Ws4w T—u DkW— Vft rT-4 ID211d. 307iPe.i &i1#dmArma 30i KEsr B•i�¢rmAc.rs 307 Wen 9tf—A— 307 iPMZe'eh—.+.— ZZLIB11F.- ra 0 S 9.&A&W M Cr *q CA97243 Ace . CA9220 81 Co 4 C4922G3 81 Ca*., CA92243 H G hr CA 9220 II Ge 4 CA9220 HF&H Cousultants, LLC I September 25, 2008 City of Diamond Bar Exhibit D: Client Testinronial Letters Proposal to Proznde Solid Write Contracting Assistance Inglew. ood California Public Vdorks Deportment ON: f,'I:;i3OH_SiER 50ULE' AR: d iNGLE71OOD. 9030: Ems`. Bcr. 1-500, IIS -G ENdOOD. CA 903 � 2 Telephone (P., u) A', %5333 I Fcx (31 01 41 2-5552 JERRY I`.1 GIVENS naw' cityofingiewooc oro S,AD REEfiI Deputy cry Ad,,,nistlo-iol Dtuli� YUL,:,c own'),5 Dke--ia pl JDIIC V,,pf{:� Dile .lor Deceember 23. 2004 Mr. Laith Ezzet Senior Vice President Hilton, Farnkopf and Hobson 3990 Westerly Place, Suite 195 Newport Beach, CA 92660-2311 Dear Mr. Ezzet: The City of Inglewood v,'ould like to thank you and your firm, Hilton, Farnkopf, & Hobson, for your professional assistance in helping the city procure an exclusive provider contract for new and enhanced waste and recycling services. The new service will help the City improve its environmental profile by adding services and programs that will increase our diversion efforts in the preservation of our natural resources. It was rewarding to successfully navigate through such a long and complex process. Your dedicated and knowledgeable staff approached each aspect of the contract negotiations �ith the integrity and thoroughness we have cone to admire and respect. Your guidance and expertise made this challenging process mutually beneficial for the City and it's constituents. Hilton, Farnkopf, & Hobson's specialized knowledge in analyzing and assessing information as it related to waste services helped secure the Citv's largest contract for public services. while negotiating a > `70 overall cost reduction to obtain these services. On behalf of the Public Works staff of the City of Inglewood, 1 would like to again thank you for playing a key role in the City's successful acquisition of services that will ensure the City's environmental commitment for years to come. Sincerely, Thomas Coates Environmental Services Administrator TC,bg HF&14 Consultants, LLC September25, 00S City of Diamond Ba7- Proposal to Provide Solid Waste Contracting Assistance DEPARTMENT OF PUBLIC WORKS FLOOD CONTROL • GIMS • REGIONAL PARKS • SCUD WASTE • SURVEYOR • TRANSPORTATION SOLID WASTE MANAGEMENT DIVISION 222 West Hospitality Lane, Second Floor (909) 386-8722 - Fax (909) 386-8766 March 29, 2001 San Bernardino, CA 92415.0017 Laith Ezzet, Senior Vice President Hilton, Farnkopf & Hobson 3990 Westerly Place, Suite 195 Newport Beach, CA 92660-2311 Dear Laith: Exhibit D: Client Testimonial Letters COUNTY OF SAN BERNARDINO ECONOMIC DEVELOPMENT AND PUBLIC SERVICES GROUP KEN A. MILLER Director Df Public Works GERRY NEWCOMBE solid Waste Division Manager It is with great pleasure that I pause and write to thank you for the excellent job you and your staff did in assisting the County of San Bernardino with its procurement of a solid waste system operations contractor. Our satisfaction with Hilton, Farnkopf & Hobson from previous engagements was surpassed by your performance throughout this year- long process that just reached its successful conclusion. Perhaps the most telling characterization of your firm's capability in managing complex procurement projects were the repeated accolades from members of the Board of Supervisors. These elected officials, on several occasions, expressed their complete satisfaction with the thoroughness and integrity of the RFP process and complimented your ability to produce a well reasoned and easy to understand analysis. I join them in their assessment of your work, and would add that the smooth coordination between your staff and the Solid Waste Management Division staff added to the success of the final product. Thank you again for exceeding our expectations for this project and I look forward to working together in the future. Sincerely, Gerry Newcombe Division Manager Res d I.— HF&H Consfr.ltnn.ts, LLC 3 September 25, 2008 City of Dia.nron.d Bar Exhibit D: Client Testimonial Letters Proposa' to Proznde Solid Waste Contracting Assistance .Me F fENPL qr�. ..� have Or. ucM November 17. 2004 iCITY OF of srs?U Lvr'r fir; 16600 Civic Center Dr've Bellflower, California 30706-5434 (562) 864.1424 a FAS:: (562) 925$650 6ttp://„�a�,t bel ifl ower.org Mr. Laith Ezzet, Senior Vice President Hilton, Farnkopf & Hobson, LLC 3990 Westerly Place, Suite 195 Newport Beach, CA 92660-2311 Dear Mr. Ezzet: DOROTHY R. RING i payor RANDY BOMGAARS Mayor Prn Tem SCOTT A. LARSEIN Council Member )oHN K. pp,A T Council Member R0.Y T. SWT ri Council Member The City of Bellflower wishes to thank you for the hard work provided by Hilton, Farnkopf & Hobson during the City's process to select a waste management services provider. The ten month process to make that selection was well coordinated and thoroughly administered. Yours and Lisa Keating's professionalism are especially noted in making the process so. The final selection of the provider produced an agreement that will be $1.4 million dollars a year less than the current exclusive agreement. Each component of the community, single family residential, multi -family properties and commercial accounts will realize a relief in rates and an increase in services. The City of Bellflower is very satisfied with the use of your firm for this process. We will not hesitate to consider Hilton, Farnkopf & Hobson for future waste management services related projects. Sincerely, 4 Brian R. Smith Assistant Director of Public Works HF&H Consultonts, LLC a September 25, 2008 City of Diamond Sar Exhibit D: Client Tesiirnon.ial Letters Proposal to Proinde Solid Waste Contracting Assistance H C rY OF i 1 44.950 Eldorado. wive - Indian Wetls, CA 41210-7497 '` � L°C 1; 760/3,46-2489 760/346-2459 F Fax: 760/346-0407 1-.ttp Ilti+n+n,.ci.it�dian-wells.ca.us i ` =.,r F .�- July 9, 1997 Laith Ezzet, Principal Hilton Farnkopf & Hobson Commercecenter One 3990 Westerly Place, Suite 195 Newport Beach, CA 92660-2311 Dear Laith: have been meaning to send you a brief note for some time now to express my appreciation for your technical assistance and support during our solid waste procurement process. Your expertise and professionalism were instrumental in bringing closure to a very long and at times tumultuous process. We could still be in negotiations today hadn't it been for your diplomatic tact and "good guy" mentality. For your information and records, I have enclosed a copy of the final franchise agreement. Please feel free to share this document with other clients. Again, on behalf of the City of Indian Wells, thank you for a job well done. Although our contract has now come to a close, I hope that you will stay in touch in the future. Sincerely, � TroyRBu laff Assista t the City Manager Enclosure HF&H Cciisultan.ts, LLC 5 September 25, 2008 City of Diamond Bar Exhibit D: Client Testinzonial Letters Pr0130sal to Proznde Solid Waste Contracting Assistance of LA W,y Oqf 14717 BURIN AVENUE o LAWNDALE, CALIFORNIA 90260 - (310) 970-2100 • FAX(310)644-4556 c5 t(FOPy,h April 5, 1998 Mr. Laith Ezzet Vice President Hilton Farnkopf & Hobson, LLC Commercenter One 3990 Westerly Place, Suite 195 Newport Beach, California 92660-2311 Dear Laith: I have been meaning to send you a brief note for some time now to express my appreciation for your technical assistance and support during our solid waste franchise renewal process. Your expertise and professional style was key to bringing an automated waste collection service to the City. Our City Council appreciated your innovative approach to consensus building including several key community based workshops. The City's transition from manual to automated service has been well received by our citizenry. Your willingness to assist us in negotiating a new vendor contract as well as a transition plan exceeded our expectation of your services as a consultant. Again, on behalf of the City of Lawndale, thank you for a job well done. Sincerely, J i iiarte-Lr� ssistant to the City Manager CC' Michael Sorg, City Manager t-HF&H ConsHtants, LLC 6 September 25, 2008 Citlf Of Dininond Bar Exhibit D: Client Testimonial Letters Proposal to Prozride Solid Waste Contracting Assistance op LA W/j,o �� 4�� 14717 BURIN AVENUE LAWNDALE, CALIFORNIA 90260 � (310) 970-2100 � FAX (310) 644-4556 �4uFORN a December 8, 2004 Re: Letter of Reference for Hilton Farnkopf & Hobson, LLC To Whom It May Concern: This letter of reference describes the work performed by Hilton Farnkopf & Hobson, LLC ("HF&H") on behalf of the City of L.awndale. HF&H has provided solid waste consulting services to the City of Lawndale since 1997. In 1997 and 2002, HF&H assisted the City in the preparation of two Requests for Proposals ("RFP") and franchise agreements for solid waste collection, curbside recycling, and yard waste collection services. During the first procurement process in 1997, the City's ratepayers saved approximately `5130,000 in the first year and $651,000 over the contract tenor, an 11% decrease over prior rates. The RFP process irl 2002 further lowered the City's first year costs by 5171,000, resulting in savings of $1.2 million over the contract tern and a 16% decrease over prior rates. As a result of these procurement processes, the City also increased residential recycling and yard waste services, and improved the City's overall diversion percentage. • In 2002, HF&H assisted in the establishment of a commercial permit System to track conunercial hauling activities in L.awndale, and the revision of the City's solid waste ordinance to establish nein AB 939 fees. Through pernut management activities performed by HF&H, the City has collected an additional $100,000 per year in AB 939 fees, and all nine haulers are up-to-date in their fee payments to the City. HF&H has also provided assistance to the City by evaluating programs for implementation to increase the City's diversion rate. These programs were included in a Plan of Correction developed under the guidance of HF&H which was submitted and subsequently approved by the California Integrated Waste Management Board. An important, contributing factor to our increased diversion rate and collection of fees is the residential contract and commercial permit program oversight performed by HF&H. TI -trough HF&H's procurement and negotiation assistance, and HF&H's ongoin- assistance with AB 939 program implementation, contract and permit oversiZt, our City's residential diversion rate has increased from 16% in 2003 to 38% to -date. I would highly recornrnend the use HF&H's services to any city needing assistance with solid waste collection and diversion activities. If there are have any questions, I can be reached at(310)973-3200. Sincerely, rrc Acting Gtyanagen 11.,Lo,—HFH Lu of R.rroc HF&H Consultants, LLC Septenzber25, 2008 City of Diamond Bar Exhibit D: Client TestiMortial Letters Proposal to Proznde Solid LVaste Contracting Assistance November 20, 2001 Public Works Department 3621 Bell Avenue Manhattan Beach, CA 90266-4795 Telephone (310) 802-5300 FAX (310) 536-1752 Laith Ezzet, Senior Vice President Hilton, Farnkopf & Hobson 3990 Westerly Place, Suite 195 Newport Beach, CA 92660-2311 Dear Laith: 1 would like to commend you and your staff for the technical expertise that you and your firm brought to our current solid waste contract procurement process. it has been clear to us that your experience with many similar procurements has turned what we believed would be a very difficult process into a process that seems much more routine. Also, your experience and guidance were essential in convincing the City Council that the process you proposed would be objective, fair and well reasoned. 1 look forward to working with you to complete this complex procurement project. Sinicei-ely,, Neil Miller Director of Public Works City of Manhattan Beach Web Site: http:/h<s%w.ci.manhattan-bcach.ca.us HF&H Consultants, LLC g September 25, 2008 Cihj of Dianzottd Bar Exhibit D: Client Testintoriial Letters Proposal to Prozride Solid Waste Contracting Assistmue October 12, 2000 Laith Ezzet, Senior Vice President Hilton, Farnkopf & Hobson 3990 Westerly Place, Suite 195 Newport Beach, CA 92660-2311 Dear Laith, Thank you for working with the City of Mission Viejo on the procurement of a franchise agreement for residential and commercial integrated solid waste management services. I appreciate all of your work that successfully resulted in a multi-million dollar solid waste franchise. 1 fully understand why other cities and our City Attorney, from Richards, Watson & Gershon highly recommended Hilton, Farnkopf & Hobson for this project. Your experience and guidance was invaluable as we set out to develop a new, three -cart automated system, including drafting the Request for Proposal, participating in all of the Council subcommittee meetings, meetings with the community, the Chamber of Commerce, and finally development of a new consolidated franchise agreement. These efforts will save Mission Viejo residents and businesses $6.4 million over the next eight years and feedback from the community is already very positive. v You did an outstanding job in Mission Viejo and I will continue to speak highly of the team of professionals at Elton, Farnkopf & Hobson to my counterparts in other cities. Thank you! Sincerely, L Karen E. Wylie Assistant to the City Maln ger 25909 Pala • Suite 200. 7Iission 1'ieio, California 92691 http;//www.ci.mission-\4eio.ca.us csa HF&H Consultants, LLC 949,1410-3051 FAX 949359.1396 September 25, 2008 Sherri M. Butterfield City of Mission Viejo Mvyur William S C aycrzti Afuya Pro Tcmpnre Roger S. Fai,hel Couna7 Member Office of the City Planager "Paid W.'Ledesma cou"n'i Afemk' Susan WKhrow _ "rif Afemher Daniel P. Joseph Off Almmrxr Laith Ezzet, Senior Vice President Hilton, Farnkopf & Hobson 3990 Westerly Place, Suite 195 Newport Beach, CA 92660-2311 Dear Laith, Thank you for working with the City of Mission Viejo on the procurement of a franchise agreement for residential and commercial integrated solid waste management services. I appreciate all of your work that successfully resulted in a multi-million dollar solid waste franchise. 1 fully understand why other cities and our City Attorney, from Richards, Watson & Gershon highly recommended Hilton, Farnkopf & Hobson for this project. Your experience and guidance was invaluable as we set out to develop a new, three -cart automated system, including drafting the Request for Proposal, participating in all of the Council subcommittee meetings, meetings with the community, the Chamber of Commerce, and finally development of a new consolidated franchise agreement. These efforts will save Mission Viejo residents and businesses $6.4 million over the next eight years and feedback from the community is already very positive. v You did an outstanding job in Mission Viejo and I will continue to speak highly of the team of professionals at Elton, Farnkopf & Hobson to my counterparts in other cities. Thank you! Sincerely, L Karen E. Wylie Assistant to the City Maln ger 25909 Pala • Suite 200. 7Iission 1'ieio, California 92691 http;//www.ci.mission-\4eio.ca.us csa HF&H Consultants, LLC 949,1410-3051 FAX 949359.1396 September 25, 2008 City of Diamond Bar Exhibit D: Client Testimonial Letters Proposal to Provide Solid iAiaste Contracting Assistance City of Santa Clarita 23920 Valencia 31vd. Suite 300 Santa Clarila Caldornia 91355-2196 Website: www santa-clarita.com h2r. Lailli -Zzet .SC1110:' -`, '.i; F resident Hilton Fai-pkopf L Hobson. LLC ,gqn W. Se .-1v pl,,ce elii— Iac \cw poli. CA 9 -660 -?3] 1 Lear Mr. Ezzet: Phone (661) 259-2489 Fax (661) 259-8125 1 NXould like to thank vnu ncain for your assistance wit11 the City of Santa Clarita's Request for Proposals (RFP) for the collection of residential and commcrciLl solid `Waste. Your Lis sisLance was anintegralpattintheCityobtainin exentplui�residential and commercial services. We asked for a lu••ee numher of sen ices from our haulers- \� hile reglueesting th:lt t]te% decrease our rates. Although the City asked for inanv services. many of w hirh are not common in our rarrion. you and Lisa Keatin- wrrr able to pie paie excellent fmnchise agreements that required the haulers to strict]', adhere to the Cit -,,'s needs and desires. To make ihinRs boner. even with the et cellent franchise agreements. 1 ou and Lisa Were alto able to acquire Cin ser'.ices bel,Gnd X�11121 was requested. while at the sumo lime sig", if c_mn11r lmerine rates for both residents and Iocul businesses. Thank Nou for assisting us in obtaining* these. =real aEreements. We are e �erl\ uwai-im the commencement of our neer stns ices and nroorams as a result of this RFP. Sincerer. CXR Chris Dash Director of Field Ser', ices CD:TL:BAL:cf S:IFIGLDS\ CS'E\\'SP. )`CSsSOLtI- AST'_',FRASCHl3J FPVi FH Ree LC:Ic.doc PRINTED Cid RECYCLED PAPER HF&H Consultants, LLC 10 - — Septembe7•25, 2008 City of Diamond Bar Exhibit D: Client Testimonial Letters Proposal to Provide Solid Waste Contracting Assistance Mayor Neil C. Blais hTayor Pro Tempore ferry Holloway Council Members L. Anthony Beall Gary Thompson :fames M. Thor City Manager D. Jamc.� Hart. Ph.D. CITY OF RANCHO SANTA MARGARITA May 7, 2004 Mr. Laith Ezzet, Sr. Vice President Hilton, Farnkopf & Hobson 3990 Westerly Place, Suite 195 Newport Beach, CA 92660-2311 Dear Laith: The City of Rancho Santa Margarita would like to thank you for your professional assistance in helping our City procure exclusive solid wastefrecycling services for our residential and commercial constituents. The year-long process was marked with integrity and thoroughness. Even those applicants not awarded the contact spoke highly of the fairness of the process. At the end of the process the City will be passing through savings of approximately $8 million dollars over the 10 -year contract, which is a 27% savings to the residents and businesses of Rancho Santa Margarita. Our City has used your consulting firm for other solid waste services, but the recently concluded and highly complex franchise process was exemplary in its execution. Thank you again. Sincerely ames Hart, Ph.D. City 1\4anager cc: T. Wheeler, City Engineer 30211 Avenida de las Banderas, Suite 101 • Rancho Santa Margarita • California 92688 Phone: (949) 635-1800 • Fax: (949) 635-1840 • ww6tyofrsm.org HF&H Q)nsultannts, LLC 11 September 25, 2008 City of Diamoad Bar Exhibit D: Client Testimonial Letters Proposal to PWVide Solid Waste Contracting Assistance CITY HALL 6303 SA [A MONICA BLVD. WEST HOLLYWOOD. CA 90969-6216 TEL: (323)948-6375 Fox: (3'_3) 848-6564 13EPIARTMENT OF TRANSPORTATION ANE] RUBI_EC WORKS 215 T- 4aWitt IR QE WEST Hollyw000 December 1, 2003 Mr. Laith Ezzet, Senior Vice President Hilton, Farnkopf & Hobson 3990 Westerly Place, Suite 195 Newport Beach, CA 92660-2311 Dear Laith: The City of West Hollywood would like to thank you for your professional assistance in helping our city procure exclusive solid waste/recycling services for our residential and commercial constituents. The year-long process was marked with integrity and thoroughness. Even those applicants not awarded the contract spoke highly of the fairness of the process. Our mayor and city council members also commented on the process by which they could easily review pertinent criteria and compare each proposal to match the city's needs. At the end of the process the City will be passing through savings to its constituents of almost $9 million dollars over the 8 year contract. We have increased the recycling services markedly and are embarking on a truly innovative food diversion program. Our City has used your consulting firm for other solid waste services, but the recently concluded and highly complex franchise process was exemplary in its execution. Thank you again. Sincerely, Jan Harmon Environmental Programs Specialist Sharon Perlstein City Engineer www.weho.org @y to HF&H Consultants, LLC 1 � Septer)rber 25, 2008 3990 Westerly Place, Suite 195 Newport Beach, California 92660 Telephone: 949/251-8629 Fax: 949/251-9741 unuzolif 1 z -consultants. coni September 25, 2008 Ms. Jeyce Lee Senior Management Analyst City of Diamond Bar 21825 Copley Drive Diamond Bar, California 91765 Re: Proposal to Provide Solid Waste Contracting Assistance Dear Ms Lee: Sen ices to Municipal Manajzement Robert D. Hilton John W. Farnkopf Laith B. Ezzet Richard J. Simonson HF&H Consultants, LLC (HF&H) is pleased to submit this proposal to the City of Diamond Bar (City) to provide solid waste contracting assistance. HF&H has a long history of successfully providing contracting assistance exclusively to local governments. We believe that HF&H brings, the following unique qualifications and benefits to the City: We audited both Waste Management and Valley Vista Services for the City of Diamond Bar in 2005. As a result, we are familiar with both companies and the services they provide in Diamond Bar. 2. We are experts in the procurement and negotiation of solid waste services agreements, having assisted more than 50 California jurisdictions with the development of RFP's and agreements, evaluation of proposals, and negotiation of solid waste services agreements for refuse, recycling and green waste collection, material processing services, and disposal. In some of our competitive procurements, costs to the ratepayers have been reduced by as much as 40%. 3. Our municipal focus ensures that we meet the needs of public agencies and officials. HF&H does not work for private waste haulers order to avoid conflicts of interest that may arise in firms that attempt to serve both the public and private sectors. We believe this independence is particularly important for objective proposal evaluation and effective negotiations during the procurement of a solid waste services agreement. 4. HF&H has a history of developing attainable and enforceable recycling plans for its clients. In 2000, we assisted the City of Los Angeles in developing a program -specific plan to reach 70% diversion. Our collection contracts included not only city-wide diversion goals, but specific, measurable requirements for tonnage under the hauler's control 5. In addition to our extensive experience assisting public agencies with the specific services your City has requested, we also have a broad base of experience assisting Ms. Joyce Lee September 25, 2008 Page 2 of 2 rvices to Municipal Management approximately 250 California cities and counties with planning, implementation, evaluation, and monitoring of their solid waste collection, diversion, and disposal programs. As a result, we are intimately familiar with the requirements for cost effective solid waste program planning, and understand the related public policy issues that must be addressed to make individual programs successful. 6. We are familiar with the solid waste rates, services, and programs implemented throughout Southern California as a result of our previous projects and on-going surveys of 200 cities in the counties of Los Angeles, Orange, Riverside, San Bernardino, San Diego and Ventura. As a result, we understand current trends in the local solid waste industry and we are familiar with the capabilities of the potential proposers. 7. Our staff includes accountants, economists and public policy experts. The varied backgrounds of our consultants provides substantial added value to our clients, value that can rarely be achieved by individual engineering, accounting, or management consulting firms. HF&H provides clients with the breadth of experience of a national firm with the responsiveness, accountability, and personal commitment of a local firm. 8. The engagement will be managed and staffed from our Southern California office, making our staff readily available to participate in project meetings in a cost-effective manner. Thank you for the opportunity to provide you with this information. We look forward to an opportunity to meet with you and the appropriate City staff to present our proposal, and learn how we might best assist the City. If you have any questions, please contact me at (949) 251-8902 or lezzet@hfh-consultants.com. Very truly yours, HF&H CONSULTANTS, LLC la� -- L1ithEzzet; CMC---. Senior Vice President City of Diamond Bar Table of Contents Proposal to Provide Solid T'Vaste Contracting Assistance TABLE OF CONTENTS SECTION 1: SCOPE OF WORK AND FEE ESTIMATE... ...................................................... i SECTION 2: FEES AND BILLING..........................................................................................5 SECTION3: SCHEDULE.......................................................................................................7 SECTION 4: FIRM INFORMATION........................................................................................8 SECTION 5: PROJECT TEAM.............................................................................................11 SECTION 6: EXPERIENCE AND REFERENCES................................................................14 EXHIBITS A. HF&H Service Brochures B. Client List C. Staff Resumes D. Letters of Reference HF&H Considtonts, LLC Secptember 25, 2005 City of Diamond Bar Sectio? 1: Scope of Work and Fee Estimate Proposal to Prozide Solid Waste Contracting Assistan.r_e SECTION 1: SCOPE OF WORK AND FEE ESTIMATE OPTION 1: FEE ESTIMATE TO RENEGOTIATE AGREEMENTS WITH WASTE MANAGEMENT AND VALLEY VISTA SERVICES - $90,000 TO $110,000 Waste Management provides exclusive residential solid waste collection services and Valley Vista Services provides exclusive commercial solid waste collection services in the City of Diamond Bar. The goal of this option would be to renegotiate the City's residential and commercial franchise agreements with the existing contractors in order to obtain two comprehensive, state-of-the-art agreements with services that meet the needs of the City's customers, and position the City to be in full compliance with current and proposed waste diversion requirements and other legislation. We will initiate the process by reviewing the City's existing franchise agreements, including amendments, and profile them against the terms and conditions contained in a modern agreement in order to identify potential service enhancements and improvements to contract terms. We will subsequently confirm with City staff and/or the City's solid waste subconunittee the desired service and contract enhancements, and document the City's direction in writing. This will provide the outline for the updated franchise agreements. We will subsequently prepare a draft residential franchise agreement and draft commercial franchise agreement for the desired services and contract terms. City staff, including the City Attorney, will subsequently review the draft agreements, and the City will be responsible for consolidating comments from the City's various reviewers into a single "redline" of the agreement, which we will then use to prepare updated draft agreements. We recommend that the draft agreements be provided to Waste Management and Valley Vista Services documenting the City's desired services and contract terms. The contractors can then propose rates that are consistent with the City's desired terms and .conditions-contained_in_the-draft._agreements.–The_resultoLthe_contactors'r-evie_w_ _ofthe_ _— agreements will likely be a series of points that they desire to address and proposed rates that may or may not be satisfactory. HF&H will then assist in negotiating reasonable rates. We will also work with City staff to guide the City through its determination of which service provider concerns are minor and which are valuable enough not to negotiate away without a substantial offsetting gain for the City. HF&H Consultan-is LLC 7 Septeniher 25. 2005 City of Diamond Bar Section 1: Scope of L11ork and Fee Estimate Proposal to ProVitte Solid I'Vaste Contracting Assistance Service statistics, such as the number of customers, container size and frequency of collection, can be used to determine the overall value of the contract at proposed rates. Typically, we determine and compare the overall current compensation to the service provider at current rates to the renegotiated rates in order to demonstrate the true overall financial impact to the rate payer. For example, a decrease in the rate for a common service level is more valuable than a decrease in a rate for a service that is seldorn used. With the proper data, we can compare the overall proposed company compensation on a similar basis with a few other comparable jurisdictions. Our work products for this task will be: • Preparation of a negotiation draft of the residential and coirunercial franchise agreements documenting the City's desired services, terms and conditions. • An analysis of the proposed rates to be used by the City's negotiating committee. • Participation in negotiation sessions with City staff and the contractors. • Preparing "redline" versions of the draft agreement to reflect the results of the negotiations. ■ Presenting the final negotiated agreements to the City Council. Because the complexity of the negotiations and the number of issues to be negotiated cannot be known in advance, the project costs cannot be precisely estimated. Based on our experience in other cities, we estimate the cost to be between $45,000 and $55,000 per agreement, or $90,000 to $110,000 for both the residential and commercial agreements. #PTION 2: FEE ESTIMATE FOR - ' $30,000 O tv40,000 If there is uncertainty whether the current or proposed rates are reasonable, and if the rate comparisons to other jurisdictions do not provide sufficient information for the City tocc eterrnine w ether the rates are reasona le; -the City could perform a cost o service study, with the contractors' cooperation and support, to evaluate the reasonableness of the current rates. This would require Waste Management and Valley Vista Services to "open their books" to the City in order to verify current rate revenues and operating costs. This would allow the City to analyze each Contractor's actual cost of providing service, and to compare the profitability of the Diamond Bar operations to industry averages. Additionally, if significant service changes are proposed to collection operations, we would need to estimate the impact of the proposed service HF&H ConsrrltanIS, 1 LC- --- Septerrrher 25, 2008 City of Diamond Bar Section 1: Scope L)f iAlork and Fee Estimate Proposal to Pro )ide Solid Waste Contracting Assistance changes on the cost of operations. The estimated cost to perform this work is $15,000 to $20,000 per hauler, assuming that we also perform the negotiation assistance described in Option 1. This is an additional task that may or not be performed depending on the City's needs and the cooperation of the contractors. OPTION 3: EEE ESTIMATE FOR COMPETITIVE PROPOSAL PROCESS - $110,000 TO $150,000 If the City prefers to seek competitive proposals rather than to renegotiate with Waste Management, our estimated cost to manage the process for the City is $110,000 to $150,000. Our services would include: • Reviewing in detail the current service arrangements and existing contract terms. • Confirming the desired services with City staff and the City Council prior to developing the RFP. ■ Preparing a draft RFP with separate residential and commercial franchise agreements for review by City staff, the City Attorney, and potential proposers for comment. The RFP will be structured so proposers can propose on the residential and commercial services separately, and propose a discount if awarded both contracts. • Contacting potential proposers via telephone to determine their interest in proposing on the City's RFP, and soliciting feedback regarding the draft documents. • Revising the RFP and franchise agreements after reviewing submitted comments. ■ Distributing the RFP to potential proposers based on our knowledge of likely proposers. We will also provide the documents to the waste haulers' association and other organizations that may ensure a wider distribution. ■ Conducting apre-proposal conference and preparing an addendum to answer questions submitted by the attendees. ■ Evaluating the proposals and preparing a draft evaluation report. ■ Sending the evaluation section related to each company's proposal to that proposer for review to confirm our understanding of their proposal. HF&H Consultants, LLC 3 Scptenzher25, 2095 City of Diamond Ban' Sectio» 1: Scope of L110rk and Fee Estimate Proposal to Provide Solid W17StC= Contracting Assistance • Interviewing top ranked proposers. • Briefing the City's solid waste subcommittee on the results of the evaluation prior to negotiating final agreements with top ranked proposers. ■ Negotiating and finalizing franchise agreements with the proposer(s) selected by the City's evaluation committee for final consideration. ■ Presenting the recommended proposers and final agreements to the City Council for consideration and possible award. This estimate assumes that a single service option is proposed upon in the RFP for each contract (residential and commercial). Limiting the RFP to one desired service option will maximize the likelihood that contractors will propose on the City's RFP, and it will make the proposal evaluation and selection process much clearer for City staff and the City Council. The fee estimate assumes that a maximum of five proposals will be evaluated. Additional proposals will be reviewed at a cost of $5,500 each. Note: If the City attempts to negotiate u7ith Waste Management and Valley Vista Services first under Option 1, and those negotiations are unsuccessful, the subsequent cost for the competitive proposal process under Option 3 mould be reduced because a portion of the znork performed under Option 1 mould benefit Option 3. HF&H Consultants, LLC Sc}7te?7r1er25, Z©(JS Citi of Diamond Bar Secti.ol 2: Fees and Billing Proposal to Prozyide Solid Waste Contracting Assistance SECTION 2: FEES AND BILLING FEE ESTIMATE ASSUMPTIONS AND LIMITATIONS In order to provide our services at minimum cost, the fee estimates for all of the options described above assume that any public outreach or public involvement activities associated with the effort, such as customer surveys and/or community workshops, is performed by City staff. Of course, we would be happy to lead or participate in such public outreach activities if requested and adjust our fee estimate accordingly. Under Options 1 and 3, the City attorney will be responsible for obtaining documentation from the contractor for insurance/bonds and the parent -company guaranty, and obtaining required signatures. BILLING We will assist the City based on time and materials, and our actual costs could be lower or higher than the amounts estimated above, depending on the level of effort required. We will bill you once per month based on the number of hours worked multiplied by our hourly billing rates, plus out-of-pocket expenses incurred. Hourly rates for our consultants through December 31, 2008 are as follows and are subject to a $5.00 per hour adjustment on January 1, 2009. Senior Vice President $235 Director $195 Sr. Associate $175 to $190 Associate $135 Assistant Analyst $95 Out-of-pocket expenses for mileage will be billed at the standard IRS allowance, currently $0.585 per mile. Black and white document reproduction over 15 pages per run will be billed at $0.15 per page, and color copies at $0.75 per page._ Subcontractors will be billed at actual cost plus 15%. Postage, overnight mail, and other out-of-pocket expenses will be billed at actual cost. Tw_ H (Onstdtants, LLC --- — , �� Sehtemher 25, 2008 City of Diamond Bar Section ?: Fees and Billing Proposal to Prcz)ide Solid Waste Contracting Assistance cosT REIMBURSEMENT In most jurisdictions the City's contracting cost is usually required to be reimbursed to the City by the contractor upon approval of the new franchise agreement. Septcnaher 25, 2008 City of Diammul Bay' Section 3: Schedule P7'ol9osal to Provide Solid Waste Contracting ASSiStalr.CC SECTION 3: SCHEDULE The existing 10 -year agreements expire in August 2010. We estimate it will take approximately six months to negotiate new agreements with the current waste haulers under Option 1 from the date of project initiation to award of the new agreements by the City Council. If a competitive RFP process is to be performed, it should start at least 18 -months prior to the start of a new agreement. Therefore, the competitive RFP process should begin around February 2009 in order to allow sufficient time for a successful proposal. evaluation process and implementation period. HF&H Considhmis, LLC SehtenrherZ5, 200 City of Diarnon.d Bar Section 4: Firry brfornnatiorr Proposal to Provide Solid IVaste Contracting Assistalice SECTION 4: FIRM INFORMATION OVERVIEW OF HE&H QUALIFICATIONS AND CLIENT SATISFACTION While we have been engaged by clients throughout the United States, our focus is on California. With offices located in Newport Beach and Walnut Creek, we have an in-depth understanding of both state and regional conditions (e.g., laws, values, issues, resources, and service providers) in Northern, Central, and Southern California. Please see Exhibit A (HF&H Service Brochures) for a description of the services offered by HF&H. Through more than 1,000 engagements over the past 18 years, we have served more than 250 municipal agencies in California. We have included a complete list of HF&H's clients in Exhibit B. Some important measures of our client's satisfaction are: "Your experience and guidance were essential in convincing the City Council that the process would be objective, fair and well reasoned." Neil Miller, Public Works Director City of City of Manhattan Beach • The majority of our engagements in any year are received through sole -source processes and result from prior experience with the client or strong referrals from past clients. • In any year, 70% of our clients have previously engaged us within the past two years. • In each of the past three independent client satisfaction surveys spanning the past 12 years, 100% of respondents have said they would use HF&H again and would recommend us to other municipal agencies. • We have received numerous testimonials (samples of which are included in Exhibit D) regarding the quality and effectiveness of our work. SOLID WASTE ADVISORY SERVICES We provide our clients with a comprehensive range of solid waste advisory services. They include, but are not limited to: • RFP Development and Negotiations • Public Outreach and Education • Recycling Planning • Contractor Selection and Management • Performance Management • Rate Structure and Fee Studies • Economic and Cost -of -Service Studies • Litigation Consulting - - - --• Recycling -and Resource -Management RegulatorySupport ----- - - ------- Most clients do not realize the broad range of our services. From among the more than 800 engagements we have performed, we have selected the following few examples to demonstrate the range of our services: 1HF&H Considfarzts, LLC - — g - - Septenllie r25, 2005 City of Diamond Bar Section 4: Finn Inforniati-on Proposal to Provide Solid Waste Contracting Assistance "Die City of La Quinta has continuously renewed its contract with HF&H to provide solid waste consulting services since 1998. Through HF&H's consulting services, the City's diversion rate has increased from 42 % to 59 % during these past several years." Douglas R. Evans, Director of Community Development City of La Quinta "The ]uglily complex franchise process was exemplary in its execution." Sharon Perlstein, City Engineer City of West Hollywood "You were able to acquire City services beyond what was requested, while at the same time significantly lowering rates for both businesses. " Chris Daste, Director of Field Services City of Santa Clarita • Long term solid waste system planning - for Orange County, Riverside County, San Bernardino County, and the City of San Diego. • Transition from non-exclusive to exclusive collection systems - for cities such as Beverly Hills and Santa Clarita and counties such as Riverside and San Bernardino. • Competitive selection of recycling and solid waste service contractors - for agencies as large as the City of Santa Clarita (population 177,000) and as small as the town of Gridley (population 5,000) that have provided expanded services while saving ratepayers hundreds of millions of dollars. • Sole -source negotiation - renegotiation of solid waste services contracts for cities such as Inglewood, which added services and froze residential rates for three years. • Reviews of rate applications - by such national companies as Waste Management and Allied, as well as regional companies such as Marin Sanitary Service and Norcal, and smaller companies such as Gilton Disposal, which have resulted in hundreds of millions of dollars in savings to ratepayers. • Design and implementation of rate structures - as incentives for waste reduction in cities as diverse as Pasadena, Alameda, Livermore, and Union City. • Cost -based regulatory fees - for landfill operations in Alameda and Marin counties and collection impact fees for operations in more than 30 California cities, generating millions of dollars for pavement management programs. • Regulatory support - to such agencies as La Quinta and Lawndale, increasing their calculated diversion rates by 17% and 20%, respectively. • Used oil recycling - outside Lawndale's Kragen Auto Supply store, as well as AutoZone and Kragen Auto Supply stores throughout the Coachella Valley; • Hands-on technical assistance - (Including dumpster diving) - to the New Haven School District in Union City. • Large venue/event recycling management - for the City of Newark's "Newark Days" and the City of San Jose's Airport and Jazz Festival. • Benchmarking municipal collection operations - in cities such as San Diego, Beverly Hills, Long Beach, Brentwood, and El Cerrito. • Litigation support - to the City of Fresno regarding the County of Fresno s landfill disposal fees, resulting in the retention of our firm by both litigants in order to help determine appropriate contract terms and rate processes. HF&H Consultants, LLC 9 Septeniber25, 2008 City of Dininon.d Bar Section 4: Firm Information Proposal to Proznde Solid Waste Contracting Assistance A WELL MANAGED AND EQUIPPED TEAM OF SOLID WASTE AND RECYCLING EXPERTS "Your knowledgeable staff approached the contract negotiations with integrity and thoroughness we 12ane conte to adnire and respect." Thomas Coates, Environmental Services Supervisor City of Inglewood Our team of planners, accountants, engineers, and management consultants are well trained, have extensive experience, and have access to proprietary databases and analytical tools. Many have advanced degrees and/or possess professional certifications and are leaders in their professional organizations (e.g., California Resource Recovery Association, Solid Waste Association of North America, the Southern California Waste Management Forum, the Institute of Management Consultants, and the Municipal Section of the American Institute of Certified Public Accountants). Many have a decade or more of government and/or industry experience, prior to becoming consultants. Our employees use proprietary databases of industry operations, cost, and rate data, as well as proprietary analytical tools and templates to apply to issues related to your project. HF&F[ is more than the sum of its individual members and databases. We offer a management structure that ensures expertise is consistently delivered to our clients with high-quality analyses and work products in a timely, cost-effective manner. Each project includes a team of consultants. A principal reviews work plans and schedules, reviews analyses, and drafts and presents work products. A manager prepares and supervises the performance of detailed work plans, provides status reports, drafts work products, and participates in presentations. Under supervision, qualified staff perform those tasks for which they are well-qualified. This structure has resulted in a consistent level of quality, regardless of the office or consultants working on your project. MANAGING ENVIRONMENTAL RESOURCES AND IMPROVING PUBLIC SERVICES Our mission is to be the first choice and recognized leader among municipal agencies to help them manage environmental resources and improve public services. We approach this mission with certain core values: • We serve our clients: exceptionally; with a focus on each engagement's objectives; and, with an understanding of each client's broader goals. • We relate to each other: positively; supporting our professional development; and, --providing-opportunities for -personal rewards. — - — -- --- • We operate the firm with: a commitment to the environment and public service; and, integrity. HF&H Considtants, LLC 10 Schteuiber 25, 2008 City of Diamond Bar Section 5: Project Team Proposal to Protide Solid t-Vaste Consr.dting Ser vices SECTION 5: PROJECT TEAM The project manager for this engagement will be Laith Ezzet, HF&H Senior Vice President. Mr. Ezzet has been the project manager on every contractor selection and negotiation process that HF&H has conducted in Southern California in the past 15 years, including the public outreach component of each of these projects. Team members will provide additional expertise in multiple key areas, including drafting solid waste agreements, AB 939 compliance, and rate and cost analysis. ORGANIZATION CHART City of Rancho Palos Verdes Laith Ezzet Project Manager . Darrel Bice Lisa Keating 11 11 Debbie Morris Rate/ Cost Analyst Procurement/ Recycling Analyst Contract Specialist TEAM MEMBER BIOGRAPHIES LAITH EZZET, PROJECT MANAGER Mr. Ezzet is a Certified Management Consultant and Senior Vice President of our Southern California solid waste consulting practice. Mr. Ezzet has over 20 years of experience as an economist and solid waste consultant and has assisted over 100 public agencies to plan, implement, and monitor their solid waste collection, recycling, and disposal programs. During the course of these engagements, he has conducted more than 100 public workshops and public meetings for City Councils, Boards of Supervisors, and citizens' advisory groups. Mr. Ezzet is a — past member -of -the Boa-r-d-of-D-irectors-of the -C -al for-nia Resou-r-ee-Remove-r-y-Asseciation-and currently a Director of the Southern California Founding Chapter of the Solid Waste Association of North America. Mr. Ezzet has managed numerous procurement engagements for solid waste services contracts, including RFP preparation, proposal evaluation, and negotiation support. Examples of clients for whom he has helped to procure new solid waste services contracts include the cities of Beverly Hills, Bellflower, Cerritos, Dana Point, El Centro, Imperial Beach, Indian Wells, Inglewood, Lake Forest, Lawndale, Manhattan Beach, Mission Viejo, Orange, Palm Desert, HF&H C0r15tdt(Mts, LLC II Sel?ternber25, 2008 City of Dinrno7id Bar Section 5: Project Tema Proposal tO P7-CQ7ide Sohil Waste Consiilting Seiz,ices Rancho Palos Verdes, Rancho Santa Margarita, Riverside, Santa Clarita, Tustin, West Hollywood, and others. He managed the procurement of a new solid waste system operator for San Bernardino County's landfills and transfer stations. He has negotiated solid waste agreements with a total value in excess of $1 billion. The competitive procurements managed by Mr. Ezzet have saved public agencies more than $160 million. He assisted the Orange County City Managers' Solid Waste Working Group negotiate 10 -year waste disposal agreements with the County of Orange. He authored a paper entitled "How Much Can You Save through Competitive Proposals?" that was presented at SWANA's Western Regional Symposium. LISA KEATING, PROCUREMENT/CONTRACT SPECIALIST Lisa Keating has assisted the cities of Bellflower, Beverly Hills, Compton, El Centro, Lawndale, Manhattan Beach, Mission Viejo, Palm Desert, Rancho Palos Verdes, Riverside, Santa Clarita, Tustin., and Goodyear (Arizona), and the County of Orange through the procurement process for new solid waste collection and recycling agreements, and is currently assisting the City of Orange through the competitive procurement process. She has drafted both Requests for Proposals and Requests for Bids, and the related agreements. She has reviewed hauler proposals for solid waste collection, recycling, and disposal services. Ms. Keating assisted the cities of Dana Point, Inglewood, and Palmdale to re -negotiate their collection contracts. She assisted the cities of Carlsbad, Dana Point, Garden Grove, and Murrieta with contract reviews to evaluate re -negotiation options. Ms. Keating reviewed and evaluated proposals for the development and use of a transfer station for the City of Palm Springs. Ms. Keating prepared the Request for Proposals and draft agreement for commercial recycling services in the city of Lawndale. Lisa assisted the City of Lancaster with its procurement of a street sweeping contract, after having prepared the Request for Proposals and draft agreement for these services. Ms. Keating also prepared the Request for Proposals for the County of San Bernardino's procurement of an operations contractor for its transfer station and landfill system, and developed a Request for Proposals and draft operations and maintenance agreement for operating a materials recovery facility for the City of Oxnard. DARRELL BICE, RATE/COST ANALYST Darrell Bice, Senior Associate, is a Certified Public Accountant with 30 years of auditing and accounting experience, including experience in public accounting and in the solid waste industry. During his time in public accounting, he participated in and supervised the annual ---audits; of a major public solid waste company. He served as an assistant corporate controller for five years and as a division controller for two years in the solid waste industry for a major solid waste company. As an assistant corporate controller, he reviewed the results of operations for ten California divisions, which included the analysis of financial statements and operating reports to evaluate the performance of the division and report to corporate management. While a division controller, Mr. Bice assisted in the development of a commercial refuse pricing model, incorporating the full cost of service and desired profit levels. Additionally, he participated as a team member in the development of the cost -of -service and resulting pricing structures for proposals to several Southern California municipalities. As a solid waste HF& H C017silltmlt$ Ll C — 12 — Scpteiiiber 25, 2008 Citi/ of Diarn.ond Bar Section 5: Project Team Proposal to Proz)ide Solid Waste Consulting Seivices consultant, during the past seven years, Mr. Bice has participated in a variety of solid waste projects for over 25 municipalities and governmental agencies. He participated in procurement/ negotiation support projects for two Southern California cities. DEBBIE MORRIS, RECYCLING ANALYST Ms. Morris is a Senior Associate and has specialized in consulting to government clients on solid waste issues for over 15 years. Ms. Morris' experience includes assistance with diversion studies, AB 939 compliance, construction and demolition debris ordinance preparation, construction and demolition debris program implementation and monitoring, new base -year studies, contract management, audit services, and rate reviews. Since 1991 she has been the primary researcher conducting surveys of solid waste programs and rates in the 200 cities in Southern California. Ms. Morris has performed an integral role in assisting jurisdictions with the requirements of AB 939. This ongoing support has included contract management assistance. To assist clients in increasing diversion rates, and complying with the CIWMB's increased emphasis on program implementation, Ms. Morris meets regularly with a city's solid waste haulers to closely monitor performance and contract compliance. Ms. Morris reviews the effectiveness of public outreach strategies; monitors hauler reports; reviews rate adjustment requests; monitors current diversion program performance; and, assists with implementation of new diversion programs. HF&TI Coiisultants, LLC - — – 13 September 25, 2008 City of Dianimid Bar Section 6: Fxperiewe and References Proposrl to Prozride Solid Waste Coiisz.clting Services SECTION 6: EXPERIENCE AND REFERENCES This section provides a representative sample of engagements, including references, relevant to the City's current procurement effort. EXTENSIVE EXPERIENCE IN CONTRACT PROCUREMENT SERVICES HF&H[ has extensive experience providing services similar to those requested in the City's Request for Statement of Qualification and Proposal. Table 2 presents 19 previous procurement engagements and the results and details of those engagements. Table 2: Procurement Success Chart jurisdiction Bellflower year 2004 ;9 of P sers 5 Contract Term 8 years Old Contract value $49,688,000 Mew Contract Value $38,400,013D Total Savings $11,288,000 %Savings 23% EI Centro 2007 4 8 years $34,209,000 $43,608,00D $0 n/a Imperial Beach 1999 4 7years $13,692,000 $13,153,00D $539,000 4% Lake Forest 1996 5 7years $29,500,000 $22,800,000 $6,700,000 23% Lancaster 2006 3 5 years $3,413,000 $2,540,000 $873,000 26% Lawndale 1997 5 5years $6,127,000 $5,476,000 $651,000 11% Lawndale 2002 5 7years $7,546,000 $6,349,000 $1,197,000 16% Manhattan Beach 2002 7 7 years $22,400,000 $21,800,000 $600,000 3% Mission Viejo 2000 6 8 years $54,784,000 $48,395,000 $6,389,000 12% Palm Desert 2000 6 7years $46,252,000 $40,553,000 $5,699,000 12% Rancho Palos Verdes 1999 7 7years $22,034,000 $20,647,000 $1,387,000 6% Rancho Santa Margarita 2004 5 8 years $28,704,000 $20,864,000 $7,840,000 27% Riverside — Residential 2001 7 7years $20,272,000 $16,793,000 $3,479,000 17% Riverside—Commercial 2001 6 7years $97,506,000 $64,354,000 $33,152,000 34% County of San Bernardino 2001 10 7 years $144,892,000 $118,633,000 $26,259,000 18% Santa Clarita —Residential 2003 1 6 7 years $100,204,000 $70,409,000 $29,795,000 30% Santa Clarita - Commercial 2003 6 9 years $39,256,000 $34,099,000 $5,157,000 13% Tustin 2000 8 7years $42,392,000 $25,011,000 $17,381,000 41% West Hollywood 2003 9 8 years $42,376,000 $33,512,000 $8,864,000 21% TOTAL $814,646,000 $647,396,000 $167,250,000 21% AULANG-0 0 . A s HF&H does not work for hauling companies in order to avoid the conflicts of interest that may arise in firms that attempt to serve both public and private sectors. However, HF&H has extensive experience in auditing and negotiating with hauling companies, including likely proposers, through our work on behalf of other municipalities. HF&H Consultants, LLC 1? Septertrber25, 2008 City of Diaraloiid Bar Section 6: ExTviieztce aizd Re{erellces Proposal to ProTMe Solid Waste Coizs.tlhfrtg Services REFERENCES FOR SIMILAR ENGAGEMENTS We have provided 12 references below. We would be pleased to provide additional references upon your request. CITY OF BELLFLOWER Engagement Title: Competitive Procurement of Solid AL Waste Contract Date of Engagement: 2004��f���,��; Client Needs: After 40 years with the same waste collector, the City of Bellflower conducted a competitive procurement for a new residential and commercial collection agreement. The City needed to implement new programs that would increase waste diversion to meet State goals. Accurate service data was not readily available for use in an RFP. HF&H Solution: HF&H developed the City's RFP and draft agreement, conducted the RFP process, evaluated the proposals and assisted in negotiating a new franchise agreement. This new agreement increased recycling and customer services while lowering costs to rate payers and increasing City revenues. In order to address the City's issues, we audited the hauler data to be included in the RFP, including tons recycled and disposed, amount billed, and franchise fees paid in order to provide proposers confidence in the service data, We conducted public outreach meetings for customer groups. Results: • Reduced overall rates by 23%, saving ratepayers $11.3 million over the 8 -year term • Reimbursement of procurement costs by contractor • $347,500 in annual funding to the City for its solid waste related expenses • Collection at no additional charge from City facilities and at City -sponsored events, and free disposal of street sweepings Free commercial and multi -family recycling • Processing of all multi -family refuse and roll -off box loads • Transformation of refuse to meet CIWMB diversion requirements • Electronic waste collection and processing • Diversion of manure from horse properties • New collection vehicles and new residential carts • Improved reporting and performance requirements Key HF&H Staff: Laith Ezzet, Lisa Keating, Darrell Bice Client Contact: Brian Smith Assistant Director of Public Works 562/804-1424 HF&H Cansicltalits, LLC 15 Septeiiiber25, 2005 City Of Dimn.on.d 1307- Section 6: Exper�enre and Re ererrces ProP0501 to P7.0vide Solid Waste Consr-dtlr�ro Seivices CM OF MISSION VIETO Engagement Title: Competitive Procurement of Separate Residential and Commercial Solid Waste w. Collection Contracts fCCII--� Date of Engagement: 2000 Client Needs: The City maintained separate residential and commercial contracts with different service providers. The City's diversion rate was 38%, and the City needed to implement new recycling services. The City had service challenges such as attached housing in need of individual services, but limited storage space for carts, and shopping centers with limited bin space and collection vehicle access issues. The City had an unsatisfactory experience during its previous transition from another hauler. HF&H Solution: HF&H managed the City's competitive procurement process. We toured the City, discussing service issues with the City and current haulers. We collected and analyzed tonnage and other service data to provide proposers an accurate account of the services which they will be providing. We drafted a commercial agreement and a residential agreement that included the City's intent to fully automate residential services and to provide incentives for businesses to recycle. We made arrangements for smaller carts and other special service arrangements for space constrained customers. We evaluated the proposals received and assisted the City in negotiating favorable contracts for both residential and commercial services with the current commercial hauler, thereby limiting transition issues, while lowering rates. Results: • Reduced overall rates by 12% saving the ratepayers $6.4 million over the 8 -year term • Smooth transition • City reimbursement of procurement costs by contractor • Contractor remits an Abandoned Item Collection Fee of $65,000 per year to City • Free commercial and multi -family recycling • A smooth transition to automated residential recycling and green waste collection • Curbside electronic waste collection at no additional charge - -- • New alternative fuel collection vehicles powered— by—compressed natural bas --and new residential carts • Improved reporting and performance requirements Key HF&H Staff: Laith Ezzet, Lisa Keating, Darrell Bice Client Contact: Karen Wylie Assistant to the City Manager 949/470-8409 HF&Fl Cwt�,r+ltmtts, LLC - 16 Serteinher 25, 2008 City of Diaanond Bar Section 6. Experience mid References 6 YWW u11! --'�f1YiYnWiX __ ._ �_. -_�... -. ...�_—'—"'=�wYc�Y6awi�S�. .S+w . ..'Y'i�MNMYiiY4MYlrsww'Ki�iwr•'.. Proposal to Proznde Solid Waste Cmsulting Ser slices CITY OF MANHATTAN BEACH Engagement Title: Competitive Procurement of a Solid Waste Collection Contract Date of Engagement: 2000 Client Needs: The City's current solid waste collection agreement was expiring. The City was interested in implementing more effective recycling programs. All residential services were manual, and the co -collection of refuse and green waste was ineffective. The City had conducted a limited pilot program for automating service. Varying terrain and container storage capacity were issues. HF&H Solution: The City retained HF&H to prepare an RFP and franchise agreement, manage the procurement process, evaluate proposal, interview finalists, and negotiate the final agreement. We determined that the majority of the City in the inland area was suitable for automated refuse, recycling and green waste service and implemented three cart service. Manual collection was retained in the coastal area where streets were too narrow and properties too small to accommodate larger automated vehicles. The coastal area generated little green waste, so only refuse and recyclables service was provided in this area. Results: • Reduced overall rates by 3%, saving ratepayers $600,000 over the 7 -year term • Residential curbside diversion increased to 45% to 50% • Over 95% residential recycling program participation rate • Commercial recycling accounts increased from 60 to 355 in two years • Commercial diversion increased from 6% to 25% in two years • Fixed disposal costs for contract term • Reimbursement of procurement costs by contractor • Collection at no additional charge at City -sponsored events • Recycling fee of $20,000 per year remitted to City • Three -cart automation of majority of City, all new carts • Nezv_r_esidential containers-thr-ou-g-hout City -- -- — • Free commercial and multi -family recycling • Electronic waste collection • Improved reporting and performance requirements Key HF&H Staff: Client Contact: Laith Ezzet, Lisa Keating Neil Miller, retired Public Works Director HF&H Co)rsultants, LLC 17 Sehtcniber 25, 2008 City of 1)iaiwi7d Bar Section 6: Erpelicnce and References - ----- --- --- - - Proposal to Provide Soliti L,Vaste Considtin- Services CITY OF INGLEWOOD Engagement Title: Review of Proposed Solid Waste Rates and Negotiated Terms of a New Solid Waste Agreement Pie Date of Engagement: 2004 Client Needs: The City's solid waste contract was expiring. The City was under a compliance order and required to implement several diversion problems in a matter of months. Maintaining low, stable rates was a top priority for the City. HF&H Solution: • Identify desirable contract terms, based on the City's needs and industry standards • Evaluate proposed deal with contract hauler and compare to industry standard terms • Compare rates to those of four other area cities, based on the City's specific basket of services • Determine whether deal was reasonable • Negotiate and prepare final contract terms Results: • Reduced residential rates by 5% and froze for three years • Froze existing commercial rates for one additional year • Capped future increases in disposal rates at the change in CPI • $510,000 in new annual fees to the City • Reimbursement of procurement costs by contractor • Reimbursement of costs to join Los Angeles Regional Agency • Collection at no additional charge from City facility roll -off boxes, at City -sponsored events, from street litter containers, and of abandoned items • Transformation and mixed waste processing required at no cost to meet AB 939 requirements • Free commercial and multi -family recycling • Automation of residential recycling and green waste collection • Electronic waste collection • Used motor oil and filter recycling • Biennial curbside Household Hazardous Waste events • Alternative collection vehicles • Improved reporting and performance requirements Key HF&H Staff: Laith Ezzet, Lisa Keating Contact: Angela Williams 310/412-8722 J-iF&IJ Coiisiiltiiiits, LLC 7& --- — Septeiiiber215, 2005 City of Diainotd Bar Section 6: Espeiience and References Proposal to Pr0znde Solid Waste Consulting Seiz4ces CITY OF WEST HOLLYWOOD Engagement Title: Competitive Procurement of a Solid Waste Contract Date of Engagement: 2004 Client Needs: The City needed a new contract with improved recycling services, as the City was under a time extension with the CIWMB to meet diversion goals. The City consists of predominantly multi -family units and had already implemented a comprehensive multi -family recycling program, but lacked recycling opportunities in other areas. The City's high density, narrow streets and hilly terrain provided collection challenges. HF&H Solution: HF&H managed the procurement process, reviewing proposals, interviewing proposers and negotiating the final agreement. We conducted community outreach meetings and worked with the City to identify recycling improvements to be made for single-family, commercial and restaurant customers. We considered the City's unique geography, high number of multi -family residents, and extreme density when working with staff to determine the ideal service package for its constituents. The City received nine proposals, a high number for this type of procurement process, and awarded the contract to a new service provider. Results: • Reduced overall rates by 21%, saving ratepayers $8.9 million over the 8 -year term • City was reimbursed for procurement costs by new contractor • Implemented an AB 939 Fee of $100,000 per year that contractor pays City • Collection at no additional charge from street litter containers. • Restaurant food waste diversion program tailored to the City's high density • Free commercial recycling • Mixed waste processing of commercial waste • Automation of single family refuse, recycling and green waste • Biennial neighborhood cleanup campaigns • Curbside electronic waste collection at no additional charge • New alternative fuel collection vehicles and new residential carts -------*----Improve d-repo-rting-a-n-d-perfo-rmance-requirements Key HF&H Staff: Laith Ezzet, Lisa Keating Client Contact: Jan Harmon Environmental Programs Manager 323/848-6499 HF&H Consultants, LLC 19 T Septeiiiber 25, 2008 Cihf of DiaMO)Id Bar Section 6_ Fxpeizence i7nd References Proposal to Proc�ide Solid Waste Consulting Scivices CITY OF LAWNDALE o� Engagement Title: Competitive Procurement of a Residential Solid Waste Collection Contract Date of Engagement: 2002 c �' x 'rErEpi� Client Needs: The City's residential solid waste collection agreement was to expire soon and the City was in need of additional recycling programs. The City had issues with collection, recycling and reporting in the open commercial sector as well. HF&H Solution: Having been pleased with our previous work for the City when we conducted its solid waste contract procurement process in 1997, we were again hired to prepare the RFP and franchise agreement, conduct the process, evaluate the proposals and negotiate the final agreement. We have continued to assist the City with development of commercial hauler permitting system, preparation of municipal code text revisions, contract compliance, auditing of tonnage reported and fees remitted. Results: • Reduced overall rates by 16% • Saved the ratepayers $1.2 million over the 7 -year term (Note: Savings from our 1997 procurement were 11%, or $651,000 over the 5 -year term) • Reimbursement of procurement costs by contractor • Annual Source Reduction and Recycling Surcharge - $30,000 • Collection at no additional charge at City -sponsored events • Abandoned items collected at no additional charge • Improved residential recycling and green waste diversion programs • Required transformation of refuse • Three City-wide clean up events per year • Electronic waste collection • Used oil recycling • Alternative fuel vehicles Improved reporting and per ormance requires -- - -- --- Key HF&H Staff: Laith Ezzet, Lisa Keating, Debbie Morris Client Contact: Ms. Marlene Miyoshi Director of Public Works 310/973-3260 HF&H Consnitajits, LLC September 25, 2005 City of Diamond Bar Section 6: Expeiielzre and References Proposal to Proc�de Solid Waste Consulting Services CITY OF PALM DESERT Engagement Title: Competitive Procurement of Solid Waste I Collection Contract -A o L E Date of Engagement: 2000 r Client Needs: The City needed a consultant to: • Determine the services to be proposed upon • Prepare the RFP and franchise agreement • Audit the hauler operating data • Conduct community outreach meetings for stakeholder groups • Evaluate proposals • Negotiate final contract terms • Present the final agreement to the City Council The City offered many challenges, including numerous homeowners' associations, each with unique service requirements, such as in -ground containers, both manual and automation, different waste streams serviced, backyard service, and collection day restrictions. HF&H Solution: HF&H assisted the City in the procurement of a new residential and commercial solid waste franchise agreement. We tailored a contract to meet the needs of all of the City's various communities, and simplified the hauler's complex rate schedule. Results: • Reduced overall rates by 12% • Saved the ratepayers $5.7 million over the 8 -year term • Reimbursement of procurement costs by contractor • Collection at no additional charge of abandoned items • Free commercial and multi -family recycling • Used motor oil and filter recycling • _ Backyard, in-ground,_manual_and_automated_o_ptiozLs Once versus twice -per -week collection options • Alternative collection vehicles • Improved reporting and performance requirements Key HF&H Staff: Laith Ezzet, Lisa Keating Contact: Ms. Sheila Gilligan Asst. City Manager 760/346-0611 HF&H Coiisultail-ts, LLC September 25, 2008 City of Dinrrumd Ear Seeti017 H: E.A:pe77ea1ce rznd Refercwcs Prohosol to Proz7ide Solid 1' 7i�7ste Consril'thia, Services CI'T'Y OF DANA POINT Engagement Title: Negotiation of a Solid Waste Collection Contract Date of Engagement: 2005 The City needed a new contract with improved recycling services. The City needed guidance as to whether it should renegotiate with the current hauler or seek competitive proposals. As the City was pleased with prior work HF&H had performed for the City, HF&H was hired to assist with determining procurement strategy, drafting the franchise agreement and negotiating the final agreement. HF&H Solution: In order to meet the City's goals, HF&H: • Evaluated the benefits of renegotiation versus competitive procurement, briefing the City Council and City staff on the benefits of each option • Assisted the City in determining that first negotiating with the current hauler could achieve the desired results Drafted the draft agreement Assisted in the negotiations process Compared the proposed rates and services to comparable cities and competitively procured agreements to assist the City in determining that the agreement was reasonable and met its needs Results: The new contract provided the City with: • Mixed waste processing of all multi -family refuse and roll -off box loads Mixed waste processing of 50% of commercial bin refuse Required site visits to establish commercial and multi -family recycling programs Increased franchise fees • Funding to City for recycling efforts • Annual $75,000 funding of staff time • Reimbursement of contract negotiations costs • Phasing in of alternative fuel vehicles - - ---- - Hauler�unded biennial audits � --- • Increased performance security and insurance levels • Free bulky item collection for multi -family customers • Retains lowest residential rate in a four -city area, or "quad cities" • Free electronic waste collection • Required dedicated routes to improve tonnage reporting accuracy HF&H Team Members: Laith Ezzet, Lisa Keating HF&H Coirsidttnr.ts, LLC Sehterrrlber25, 2004 City of Dialiaond Bar Proposal to Provide Solid Waste Corisitlting Sel vices Section G: Expeii.eriee and References Client Contact: Brad Fowler Public Works and Engineering Services (949) 248-3554 CITY OF SANTA CLARITA Engagement Title: Competitive Procurement and Negotiations of f% Residential and Commercial Solid Waste j Collection Contracts %. `- Date of Engagement: 2002- ` Client Needs: The City had three residential haulers operating in three exclusive areas. The same three haulers offered commercial services City-wide on a competitive basis under a maximum City -approved rate. Residential and commercial contracts ended years apart. The City wanted to: Restructure the franchise arrangement Analyze regional transfer station and MRF options Analyze variable can rate implementation options HF&H Solution: We prepared a RFP and drafted agreement for separate residential and commercial contracts with the same end date. We conducted public outreach meetings, evaluated six proposals, and negotiated contracts with three potential haulers, including an agreement to develop a materials recovery facility in the City. Results: • City will save an estimated $35 million over the terms of the contracts, with a 30% reduction in residential rates and a 13% reduction in commercial rates • Reimbursement of procurement costs by contractors • Recycling Fee of $70,000 per year paid to City • $5.50 per ton of commercial recyclables paid to City Collection at no additional charge from City facilities and at City -sponsored events -- "-- -- ---City has—ption�e enc17of ht e term, to pur ase a RF milt by the commercial hauler below market value • Free commercial and multi -family recycling • Free mixed waste processing of at least half of commercial loads • New residential carts and enhanced recyclables and green waste collection • Optional diaper recycling program • Electronic waste collection and processing • Diversion of manure from horse properties HFvH Consultmits, i T:C 23 September 25, 2008 City of Diamond Bar Sectioii 6: E:xIvi4en.ce arzd Referezrces Proposal to Prouide Solid IVaste Coizsulting Seivices • Alternative fuel vehicles • Improved reporting and performance requirements Key HF&H Staff: Laith Ezzet, Lisa Keating Client Contact: Mr. Travis Lange Environmental Services Manager 661/255-4337 CITY OF RANCHO PALOS VERDES Engagement Title: Competitive Procurement of Solid Waste Collection Contract Date of Engagement: 1999 Client Needs: The City has two separate franchise areas each with twice weekly refuse collection. The smaller area had only 5% of the City's residential customers, and had unique service requirements because it contained horse properties. The entire City had operational challenges due to steep hills and overhanging trees. HF&H Solution: HF&H assisted the City in the procurement of new residential solid waste franchise agreements. We prepared the RFP and agreement, conduct the procurement process, evaluated the proposals and negotiated the final contract terms. We addressed difficult terrain issues with "Scout service' (small trucks that can access containers more easily than collection trucks and re -position containers for collection). We conducted public outreach meetings. We surveyed and tabulated responses from more than 3,000 customers regarding their service preferences for once versus twice per week collection. • Reduced overall rates by 6%, saving the ratepayers $1.4 million over the 7 -year term •- --Reimbursement-of-procurement-costs by -contractor ------ - --- • Abandoned items collected at no additional charge • New Recycling Programs and Service Enhancements • Customer acceptance of automation of recyclables and green waste, with new carts • Electronic waste collection • Improved reporting and performance requirements HF&H Team Members: Laith Ezzet, Lisa Keating HF&H Cozzsvltarz#S LLC Schtezziber 25, 2003 City of Diamrnid Bar Section 6: Experience acid References Proposal to Proz7ide Solid Waste Const.tlting Selvices Contact: Lauren Ramezani Senior Administrative Analyst (310) 541-6500 CITY OF RANCHO SANTA MARGARITA Engagement Title: Competitive Procurement of a Solid Waste Collection Contract Date of Engagement: 2004'' Client Needs: The newly incorporated City was entering into its first franchise agreement, after having been serviced under a county contract for five years. Residential services were not consistent throughout the City and the City lacked sufficient recycling programs. HF&H Solution: After previously assisting the City with negotiations, the City hired us again to conduct the City's first solid waste RFP process. We develop an RFP and franchise agreement for single-family, multi -family and commercial refuse, recycling and green waste collection services, managed the procurement process, evaluated the proposals, interviewed proposers and negotiated the final agreement. Results: • Reduced overall rates by 27%, saving the ratepayers $7.8 million over the 8 -year term • Implementation of a 5% franchise fee • Reimbursement of procurement costs by contractor • Outreach Fee of $60,000 per year to City • Collection at no additional charge from City facilities and at City -sponsored events • Collection of abandoned items at no additional charge • New collection vehicles and new residential carts • Biennial curbside cleanup campaigns • Improved reporting and performance requirements New recycling programs and service enhancements, including: • Free commercial and multi -family recycling,,site visits required • Automation of green waste collection • Mixed waste processing of all roll -off box loads • Electronic waste collection Key HF&H Staff: Laith Ezzet, Lisa Keating Client Contact: Mr. D. James Hart, City Manager Currently with the City of Adelanto 760/256-2300 ext. 3016 HF&H Coiisrdtartts, LLC September 25, 2008 City of Diaiwiid Bar Section C: Exl9ciictice and Refereices Proposal to Provide Solid I. (7ste Cnsi-ilthio Ser o7ces SAN BERNARDINO COUNTY Engagement Title: Waste Hauling Franchise Negotiations Date of Engagement: 2003 �l Client Needs: The County of San Bernardino contracts with haulers to provide residential and commercial collection services in more than 25 areas and sub areas within the unincorporated county. The County was establishing five new county franchise areas in need of haulers and collection agreements. The County received proposals to service these areas, as well as proposals to make revisions to existing contracts. Service areas received different services at different rates. Proposals were received in a variety of formats. The County needed to determine costs and services to be negotiated in each area. HF&H Solution: First, HF&H worked closely with County staff to assist staff in gaining a better understanding of their own complex network of franchise agreements. Proposals had been solicited without strict guidelines; therefore, some information was incomplete and the proposals were difficult to compare. We profiled proposed and existing service arrangements by hauler and new county franchise area in a way to permit the reader to understand and compare the various proposed services and terms for each area. We provided rate evaluations to identify and evaluate the reasonableness of proposed rates. The County was grateful for the detailed layout of rates that we provided, as the format assisted in reviewing fees and over -charges as well. For proposals relating to existing franchise areas, HF&H summarized proposed contract changes by hauler and franchise area, listing recommended changes and corresponding rate effects. We provided contract language for use in the contract revisions and new franchise area agreements to provide the County with clearer and more complete service requirements and contract language that will enable the County to enforce these requirements. Results: result of our assistance, Countystaff_gained:_ • Improved contract language for County contracts • More consistency in service levels • Equitable rates • A better understanding by the County as to services provided in various areas under many franchise agreements. Key HF&H Staff: Laith Ezzet, Lisa Keating HF, -',H Coiisultaa#s, LLC Scptcii;bc-r 25, 2008 City of Dfa)rrond Bar Section 6: Experience arid References Proposal to Prozride Solid Waste Consulting Seances Client Contact: Kathleen Bingham Solid Waste Programs Administrator 909/386-8739 CITY OF EL CENTRO Engagement Title Competitive Procurement and Negotiations of�EL a Solid Waste Collection Contract Date of Engagement: 2007 Client Needs: s The City's solid waste collection contract with the only major hauler in the region was expiring and the hauler offered a short extension. The local landfill and materials recovery facility were owned and operated by the City's current hauler. The City wanted to conduct a competitive procurement but had limited time, limited hauler options, and limited disposal options. Rates had not been increased since 2003 and were expected to increase significantly. Service data was difficult to obtain. HF&H Solution: We drafted the RFP and collection agreement, conducted public outreach meetings, evaluated four proposals, and negotiated contracts with two proposers. Results: • The City received four quality proposals • Increased franchise fee • New AB 939 fee • New refuse vehicle impact reimbursement of $90,000 per year • New hauler agreed to establish a new facility within City limits • Optional used oil and oil filter collection • New residential carts • Site visits to all businesses to promote recycling • Free commercial and multi -family recycling • Free mixed waste processing of at least half of commercial loads • Electronic waste collection and processing • Improved reporting and performance requirements • Improved rate adjustment method, including a mechanism to adjust rates upon the opening of the Mesquite Landfill, if it is used Key HF&H Staff: Laith Ezzet, Lisa Keating Client Contact: Ms. J,B. West Public Works Analyst 760/337-4538 HF&H Considtatt.ts, LLC September 25, 2008 City of Diamond Bar Section b: Experieai.ce o,nd References Proposal to Provide Solid Waste Corisi.dtiii- Sc 7ices 11 CITY OF BEVERLY HILLS Engagement Title: Commercial Solid Waste Procurement; Transition to Exclusive Franchise System Date of Engagements: 1994, 2000, 2003 Client Needs: The City had multiple private haulers under contract to provide commercial collection services. In 1994, 2000 and 2003, the City was in need of assistance in procuring new collection agreements. The City's Public Works Department provides residential service. HF&H Solution We have assisted the City of Beverly Hills on an ongoing basis since 1993, including negotiating collection agreements in 1994, 2000 and 2003, auditing haulers, and performing rate studies. In 1994, HF&H assisted the City in transitioning from a non-exclusive commercial system with an unlimited number of haulers to a non-exclusive system limited to only five haulers. Challenges of such a transition, which HF&H overcame, included providing proposers with sufficient service data gathered from multiple haulers. In subsequent engagements, HF&H then helped the City transition from five commercial haulers to one. Results: In 1994, the City executed five-year non-exclusive commercial solid waste collection agreements with five haulers, significantly reducing its number of haulers. In 2003, the City competitively procured a new commercial hauler, providing free recycling services, mixed waste processing of all waste, and commercial green waste collection. Key HF&H Staff : Laith Ezzet, Darrel Bice, Lisa Keating Client Contact: Shana Epstein Assistant Utility Services Manager 310/285-2570 CITY OF MURRIETA - Engagement Title: Review of Solid Waste Franchise Agreement Date of Engagement: 2004 The City recognized the need to renegotiate its current solid waste HF&H Coiisulta)Js, LLC Septem0c7,25. 2608 City of Diamm.d Bar Section 6: Experience acid References Proposal to Proznde Solid Waste Consi.il ting Ser dices collection contract and hired HF&H to: • Review the current agreement • Review current city services • Identify standard state-of-the-art contract terms and services • Recommend improvements to services and contract terms Service Recommendations • Improve cart labeling • Add free commercial recycling services • Add free service for special events • Add e -waste collection • Add City clean-ups • Add holiday tree collection • Require container graffiti removal • Require roll -off load recycling requirements Contract Recommendations • Restrict of broad extraordinary rate adjustment clause • Improve AB 939 indemnification clause • Improve hazardous substances indemnification clause • Improve reporting and performance requirements • Increase low performance bond amount • Specify liquidated damages to be specified • Add outreach fee • Improve assignment clause Key HF&H Staff: Laith Ezzet, Lisa Keating Contact: Al Vollbrecht Senior Management Analyst 909/461-6003 CITY OF RIVERSIDE ------- ----Engagement Title:--Competitive-Procurement-and— ------ - Negotiations of Residential and Commercial Solid Waste Collection Contracts Date of Engagement: 2001 Client Needs: The City's franchise agreements were expiring. The City has three residential service HF&H Co2siilta1115, LLC 9 September 25, 2008 City of Dia112oiui Bar Sectioli 6: Experieii.ce and References Propos17.1 to Proznde Solid LUaste Coaisi.t1hiig Sen)ices areas, with the City providing service in one. The City wanted to restructure its commercial service arrangement of several exclusive commercial service areas to provide and the City wanted to restructure to provide customers with service alternatives and thereby improve declining customer service. HF&H Solution: After having HF&H assist the City with evaluation of routing and operational issues for the City's municipal operations, the City again hired HF&H to assist with the procurement of new collection contracts. We prepared a Request for Bids (RFB) and collection agreement for exclusive residential solid waste collection services, allowing haulers to compete for two service area contracts. We prepared a RFB and a collection agreement for multiple franchised commercial haulers, which allowed three new franchised haulers to compete for commercial customers. Results: Results of our conducting the competitive procurement for the City include: • Reducing costs to residents by 17% and costs to businesses by 34% • New Residential Recycling Programs and Service Enhancements, including the automation of refuse and green waste collection • Improved reporting and performance requirements • New Commercial Recycling Programs and Service Enhancements, including free commercial and multi -family recycling • Minimum recycling requirements Key HF&H Staff: Laith Ezzet, Lisa Keating Client Contact: Rick McGrath Public Works Director (retired) HF&h ConsulfnWs, LLC 30 Scpten7ber25, 200S City of Diamond Bar Exhibit A: HF&H Ser -cite Brochures Proposal to Prouide Solid Waste Contracting Assistance EXHIBIT A: HF&H SERVICE BROCHURES RECYCLING & SOLID WASTE AUDIT SERVICES SOLUTIONS Protecting Your Interests Penalties. Lost business. Litigation. Recordkeeping has become a high-stakes endeavor. At HF&H, our global approach to recycling and solid waste audits prevents problems and protects your jurisdiction by ensuring accuracy, integrity and excellence at every turn. Audits You Can Trust Reliable information makes all the difference. Thafs why HF&H has developed a suite of recycling and solid waste audit services you can trust. Our experts provide in-depth reviews to determine the accuracy of all your hauler fee payments, reported tonnage, billing, and rate adjustment requests. Dedicated to Details HF&H clients gain peace of mind from our in-depth solid waste audits by: • Verifying that residential and business bills reflect approved rates and accurate service levels, • Ensuring all franchise, AB 939 or other fees remitted are accurate. • Confirming that haulers have complied with recycling and solid waste service contracts; made reasonable, appropriate rate requests & adjustments; and accu- ___. __—rataly-reported collected tonnage---- a onnage-- —• Developing and evaluating viable costs for recycling and solid waste services. RELIABLE RESULTS Cities and counties throughout the Western United States have come to rely on HF&H's unparalleled understanding of the recycling and solid waste industry. Our expert audit staff has reviewed the financial and operating records of approximately 100 hauling compa- nies on behalf of our clients. As a result, individual clients have recovered in excess of one million dollars in fees due from haulers. Conscientious audits, insightful recommendations and meticulous examinations have allowed our clients to: • Collect additional franchise, AB 939 and other fees. • Determine the accuracy of hauler fee payments, billings, services and reported tonnage. • Establish reasonable and appropriate rate strategies. • Improve diversion rates by confirming the accuracy of reported tonnage. • Validate the accuracy and fairness of hauler rate adjustment requests. Clients furn_to HF&H_when..they_r_equir_e_ thorough audits, sound financial reporting and expert advice. Our clients unanimously report 100% satisfaction with our results! HF&H Cons ltonts, LLC 1 September 5, 2008 City of Diamond Bar Exhibit A: HF&H Ser ,ice Brodnires Proposal to Provide Solid VVaste Contracting Assistance TOP -TIER AUDIT SERVICES ADVANTAGES YOU CAN TRUST HF&H provides recycling and solid waste audit services tailored to the demands of public agencies. Billing and Service Audits: We audit residential and commercial customer bills to ensure they reflect approved hauler rates and match the level of services provided, including the collection frequency and the size and number of containers serviced. Contract Compliance Audits: We evaluate hauler per- formance records to ensure they provide services to meet your recycling and solid waste service contracts. If hauler performance does not comply, HF&H offers proven solutions. Hauler Fee Payment Audits: We determine the accu- racy of AB 939 fees and other solid waste disposal fees based on assessment and hauler information records. Rate and Cost of Service Studies: We review the cost of providing recycling and solid waste services in order to develop suitable rates or rate -adjustment strategies to meet financial goals. Reviews of Rate Adjustment Requests: We verify that hauler rate adjustment requests are sensible and correctly calculated. Tonnage Audits: We analyze hauler reports and sup- porting records to verify the amount of tonnage collect- ed and establish correct diversion rates. Client Satisfaction Our clients have unanimously reported 100% satisfac- tion with our results, hire us again and again, and rec- ommend our services to other jurisdictions with similar needs.* Incomparable Support HF&H delivers outstanding support every step of the way. We build long-term relationships and deliver long- term value for every client. Substantial Results We apply our expertise to address your particular chal- lenges and maximize your recycling, solid waste, and diversion results. We've saved our clients millions of dollars collectively through expert monitoring of con- tractor compliance. One -Source Solutions As a team with extensive public sector and private hauler experience, we collaborate and offer compre- hensive solutions to your diversion compliance and contract performance issues. Get to know us and discover why we're the right choice for your auditing services. Northern California Southern California 2175 N. Califcrnia Boulevard, 47'990 3990 Westerly Place, 4195 Walnut Creek, CA 94596 Newport Beach; CA 92660 925-977-695D 949-251-8628 *Results of 2006 HF&H Client Satisfaction Survey concucted by Johnston Gremaux & Rossi, LLP, Certified Pubic Accoun-ants Bob Hilton Laith Ezzet rhilton@hfh-consuttants.com lezzet@hfh-consultants.com ifarnkoofra)hfh-consultants_corn www.hfh-consultants.com Contract IV2nagement Services • Recycling & Solid Waste Contract Services • Recycling & Sclid Waste Audit Services • Vehicle Impact Studies • Management & operations Reviews • Program Implementation, Diversion & Sustainability, services • Recycling & Solid Waste Rate Services Funding Storm Water & Street Programs v r h:? i , , r HF&H Concidtarrfs, LLC September 5, 2008 City of Diatttond Bar Exhibit A: HF&H Service Brochures Proposal to Proznde Solid Waste Contracting Assistance CONTRACT MANAGEMENT SERVICES SOLUTIONS Contract Management Solutions Do you have limited staff resources to manage and monitor your recycling and solid waste contracts or per mits? Do you need to supplement in-house resources with recycling and solid waste contracting specialists or solicit a different perspective? If so, HF&H can provide staff resources and expertise to manage contracts s,rategically for improved service and to monitor con- tractor performance on an ongoing basis. Flexibility and Expertise HF&H is ready to put an entire team of highly experi- enced experts to work for you. We have specialized skills across a wide range of disciplines: contract com- pliance, contract negotiations, diversion program plan- ning and implementation, auditing and accounting, legal review, public policy, and public outreach. Our most experienced consultants will actively contribute their expertise to serving your needs. Measurable Results Our services have helped more than 200 municipalities significantly reduce costs and achieve or exceed pro- gram goals. We have helped to establish and monitor sound contracts, and effectively deliver collection serv- ices to residents and businesses. For example, the -- - --City of L-awndate's-reside ntial-diversion-rate increased-- 30 percentage points in three years with HF&H's assistance. HF&H Consultants, LLC VALUE Our contract management services can address all facets of your contracts, permits, and program needs and desired goals. We can: • Maximize your ability to meet and exceed program and diversion goals • Take a proactive approach to minimize compliance issues with your contractors, permittees, and/or regu- lators • Improve collection services and program performance by working with contractors and/or permittees to ensure that: Performance standards are enforced Contract requirements are being met Contractor payments are timely and accurate - Customer rates are competitive and accurate - Customer requests and complaints are responded to in a timely manner • Monitor programs to identify potential problems and plan for future changes "The reason we hire HF&H time and again is the personal service. They are extremely responsive to our needs. I would recommend HF&H to any jurisdiction faced with challenging solid waste issues." Tami Piscotty, Assistant to the City Manager, City of La Palma September 5, 2008 City of Dian7ond Br7r• Exhibit A: HF&H Se171iCe B7'0c77711VS Proposal to Provide Solid IVaste Con tracting Assistance SERVICES Contract Compliance • Monitoring compliance with contract requirements • Tracking and analysis of program data • Audits of contractor's records • Verification of requested rate adjustments • Assessment of diversion and outreach prograrns Contract Coordination and Oversight • Facilitation of regular meetings with contractor • Development and implementation of performance improvement plans • Review and approval of public education materials • Response to customer complaints Periodic Contract Management Assistance • Negotiation of contract amendments • Preparation of contract management tools • Development of data tracking and analysis process • Survey of customers to assess quality of service and future needs "in my 25+ years of municipal adminis- tration, l have retained and managed the services of over 95 different consulting firms. t can truly say that HF&H is probably the finest firm in terms of personnel, flexibility, expertise and effectiveness that l have ever worked with." Antonio E. Acosta, Deputy City Manaoerl Leisure Services Director, City of Union City Northern Californla Southern California 2175 N. California Boulevard, 4990 3990 Westerly Place, #195 Walnut Creek. CA 94596 Newport Beach, CA 92660 925-977-6950 949-251-8628 Bob Hilton Fhilt,Dn@hfh-consultai,its.com _John_Farnkopf jfarnkopf@hfh-consultants.com ADVANTAGES YOU CAN TRUST Client Satisfaction Our clients have unanimously reported 100% satisfac- tion with our results, hire us again and again, and rec- ommend our services to other jurisdictions with similar needs.' Incomparable Support HF&H delivers outstanding support every step of the way. We build long-term relationships and deliver long- term value. Substantial Results We address your particular challenges and maximize your solid waste, recycling and diversion results, We've saved our clients millions of dollars collectively through expert monitoring of contractor compliance. One -Source Solutions . As a team with extensive public sector and private hauler experience, we offer comprehensive solutions to your diversion compliance and contract performance issues. Get to know us and discover why we're the right choice for your public agency's contract management needs. 'Results of 2006 HF&H Client Satisfaction Survey conductec by Johnston, Gremaux & Rossi, LLP Certified Public Accountarts Laith Emet lezzet@ hfh-cnnsultants.com �nw✓v,r, hfh-co n s u Ita.n ts.coni • Contract Management Services • Recycling & Solid Waste Contact Services • Recycling & Solid Waste Audit Services • Vehicle Impact Studies • Management & Operations Rcr,,iews • Program Implementation, Diversion & Suslaina6.lity Services Recycling & Solid Waste Rate Services • Funding Slonn Water & Street Programs -Service brochures are availahle upon request HF&H '.011S71.1h712tS, LLC 4 September 5, 2005 L rx i HF&H '.011S71.1h712tS, LLC 4 September 5, 2005 City of Diamond Bar Exhibit A: HF&H Service Brochares Proposal to Provide Solid Waste Contracting Assistance RECYCLING & SOLID WASTE CONTRACT SERVICES SOLUTIONS Rewarding Contract Solutions Having trouble developing contract terms? Your con-ractor won't sign on the dotted line? Although the recycling and solid waste contracting process may initially seem straightforward, jurisdictions often discover they need experts to help them navigate the rugged terrain. At HF&H, our expertise ensures your contract issues and contractor selection projects receive focused attention and yield rewarding results. Your Needs. Our Priorities. Comprehensive contracts set the stage for future suc- cess. That's why HF&H makes certain your agreements will satisfy your unique long-term needs. Our experi- enced staff of experts can resolve your contract chal- lenges by • Offering intelligent strategies for developing new agreements and enhancing existing agreements. • Managing competitive contractor selection processes that generate numerous proposers and yield reasonable costs. • Providing objective, trustworthy contract recommen- dations to avoid unnecessary deliberation over the negotiating table or at City Council meetings. r �,;1 V 14, r !E° Maximized Results Our progressive contracting approach maximizes effectiveness and minimizes inefficiency. HF&H has assisted approximately 100 California communities in achieving their recycling and solid waste contract objectives. Our commitment to excellence has support- ed successful negotiation of agreements valued at more than one billion dollars and saved our clients hun- dreds of millions of dollars. Our deep understanding of the recycling and solid waste industry and associated contracting processes allows our team of qualified experts to: • Plan effective diversion programs and contractor services. • Generate tight, well -organized, and readable contracts. • Negotiate win-win contract terms and conditions. • Provide dependable industry benchmarks for cost and service comparisons. • Offer independent, objective proposal evaluations and contractor recommendations. "The most telling characterization of your firm's capability in managing complex procurement projects was the repeated accolades from the members of the Board of Supervisors." Gerry Newcombe Solid Waste Management Division Manager San Bernardino County HF&H Consultants, LLC 5 September 5, 2008 City of Diamond Bar Exhihit A: HF&H Selztice B7-OCl11GreS ProPOsal tO Prei!ide Solid Waste Contractina Assistance SERVICES THAT MEET YOUR NEEDS At Hi we offer a suite of recycling and solid waste contract services that meets the unique demands of each city and public agency. Our comprehensive solu- tions are designed to streamline every challenging contracting process your jurisdiction undertakes, Competitive Contractor Selection Processes We develop procurement strateg'es; evaluate and plan future program and contract needs; facilitate communi- ty workshops and public input activities; generate requests for proposals and requests for bids; prepare collection, processing, and disposal agreements; nego- tiate agreements; establish rates; revise municipal codes for consistency with new services; and support city council presentations. Contract Negotiations and Amendment Services We develop contract negotiation strategies, offer rec- ommendations on new or amended contract language, prepare appropriate contract language, evaluate pro- posed services and costs, and assess rates compared to neighboring communities. Post -Contracting Implementation Services We provide transition management and monitoring assistance, post -implementation audits of contractor performance, and contract management and oversight assistance. Northern California Southern California 2175 N. California Boulevard,' 990 3990 Westerly Place, Walnut Creek, CA 94596 Newport Beach, CA 9 925-977-6950 949-251-8628 Bali Hilton rhili,on@hf-consultants.com John Farnkopf jfarnkopf@hfh-consultants.com Y Laith Ezzet lezzet@hfh-co nsultan ADVANTAGES YOU CAN TRUST Client Satisfaction Our clients have unanimously reported 100% satisfaction with our results, hire us again and again, and recommend our services to other jurisdictions with similar needs.' Incomparable Support Hi delivers outstanding support every step of the way. We build long-term relationships and deliver long-term value for every client. Substantial Results We address your particular challenges and maximize your solid waste, recycling and diversion results We've saved our clients millions of dollars collectively through expert monitoring of contractor compliance. One -Source Solutions As a team with extensive public sector and private hauler experience, we collaborate and offer compre- hensive solutions to your diversion comoliance and contract performance issues. Get to know us and discover why we're the right choice for your contract development and negotiation needs. *Results of 2006 IFF&H Client Satisfaction Survey conduc-ed by Johnston, Gremaux & Rossi, LLP, Ceniied Public Accour tants. Contract Management Senrices 4195 • Recycling & Solid Waste Contract Services 2660 ° Recycling & Solid Waste Audit Services - vehicle Impact Studies • Management & Operations Reviews Program Implementation, Diversion & Sustainability Services iS.com • Recycling & Solid Waste Rate Services • Funding Storm Water & Street Programs vrnvv.hfh-consulfar com 'Saraire brochures are available upon request Fn, HF&H CCIPSlJ.lta11#,, LLC 6 September 5, 2008 City of Di:arnond Bar Exluirit A: HF&H Service Broclnf.res Proposal to Proz>de Solid Waste Contracting Assistance PROGRAM IMPLEMENTATION, DIVERSION, & SUSTAINABILITY SERVICES SOLUTIONS Optimizing Your Options Compelling analysis. Decisive actions. Follow through. The breakthrough tactics needed to achieve AB 939 mandates can overwhelm jurisdictions strapped for time and specialized in-house talent. Fortunately, HF&H has the time, talent, and track record to provide power- ful options and solutions for all your diversion goals. Expert Guidance HF&H clients benefit from our deep knowledge of the recycling and solid waste industry and our understand- ing of long-term community needs. We help you increase diversion volumes and achieve solid -waste reduction compliance by • Developing, implementing, and monitoring cus- tomized programs and services to meet or exceed your objectives; including hard -to -reach sectors such as multi -family, commercial, and G&D generators. • Managing franchise agreements to facilitate optimal recycling and solid waste operations and ensure con- tractor compliance. • Tracking new and pending legislation to ensure that our clients are prepared to comply with new regula- tions. • Increasing used oil, used oil filter, and bottle and can recycling volumes through grant administration and program development. 11F&H Consultants, LLC Desirable Results Our integrated approach to diversion program imple- mentation has achieved diversion goals for hundreds of California municipalities. Client success stories illus- trate the tremendous value of our diversion services: • Since contracting with HF&H, Lawndale implemented over a dozen new programs, increased City fees by over $350,000 per year, and improved contractor' reporting and diversion compliance; all resulting in a 30 percentage point increase in residential diversion rates in three years. • HF&H documented over 31,000 tons of misreported waste by over 60 unlicensed haulers in La Puente resulting in a 79 percentage point increase in the City's diversion rate. • Alternative Employment Adjustment Factor Certification in the cities of La Quinta, San Juan Capistrano, San Clemente and Dana Point increased diversion rates by 8 to 12 percentage points. • Tonnage modification reporting for Union City resulted in increased diverstion rates ranging from 14 to 28 percentage points "HF&H has provided critical advice, sup- port, and program oversight through theirAB 939 compliance services which has allowed our City to meet the State's diversion goal. " Marlene Miyoshl Director of Public Works City of Lawndale September 5, 2008 AR 6 11F&H Consultants, LLC Desirable Results Our integrated approach to diversion program imple- mentation has achieved diversion goals for hundreds of California municipalities. Client success stories illus- trate the tremendous value of our diversion services: • Since contracting with HF&H, Lawndale implemented over a dozen new programs, increased City fees by over $350,000 per year, and improved contractor' reporting and diversion compliance; all resulting in a 30 percentage point increase in residential diversion rates in three years. • HF&H documented over 31,000 tons of misreported waste by over 60 unlicensed haulers in La Puente resulting in a 79 percentage point increase in the City's diversion rate. • Alternative Employment Adjustment Factor Certification in the cities of La Quinta, San Juan Capistrano, San Clemente and Dana Point increased diversion rates by 8 to 12 percentage points. • Tonnage modification reporting for Union City resulted in increased diverstion rates ranging from 14 to 28 percentage points "HF&H has provided critical advice, sup- port, and program oversight through theirAB 939 compliance services which has allowed our City to meet the State's diversion goal. " Marlene Miyoshl Director of Public Works City of Lawndale September 5, 2008 City of Dia171010 Bar Exhibit A HF&H Scizoice Brochures Proposal to Provide Solid WRSte C077tractir7g ASSiSbVIC DYNAMIC DIVERSION AND SU SERVICES HF&H offers a broad range of fully i which we tailor for every city and public agency we serve. We provide the expert guidance necessary to achieve or surpass diversion mandates and goals. STAINABILITY ADVANTA i Client Sati ntegrated services, Our clients AB 939 Implementation Services: We use our in- depth industry knowledge to develop, evaluate, imple- ment, and monitor progressive recycling and solid waste diversion programs to meet or exceed mandated and community -defined diversion goals. We formulate public education outreach and media relations curricu- lums; provide legislative and regulatory updates; and, review and redraft disposal reconciliation reports and audits. Sustainability Services: We determine "sustainability indicators" to alert our clients of recycling and solid waste program problems. We attend community meet- ings to select sustainability indicators and use commu- nity-based social marketing techniques to improve established sustainability indicators in program plan- ning efforts. Annual Report Services: We monitor and complete necessary documents, including: CIWMB Annual Reports: Disposal Modification and Alternative Adjustment Method forms; SB 1066 Time Extension Applications; Creation of a New Base Year; and Sewage Sludge Diversion Credit Applications, GES YOU CAN TRUST sfaction have unanimously reported 100% satisfac- tion with our results, hire us again and again, and rec- ommend our services to other jurisdictions with similar needs.` Incomparable Support HF&H delivers outstanding support every step of the way. We build tong -term relationships and deliver long- term value for every client. Substantial Results We address your particular challenges and maximize your solid waste, recycling and diversion results. We've saved our clients millions of dollars, collectively, through expert monitoring of contractor compliance. One -Source Solutions As a team with extensive public sector and private hauler experience, we collaborate and offer compre- hensive. solutions to your diversion compliance and contract performance issues. Get to know us and discover why we're the right choice for your program implementation, diversion, and sus- tainability services. `Results of 2006 HF&H Client Satisfaction Survey conducted by Johnston, Gremaux & Rossi, LLP, Cerifed Public Accountants, 7 Northern California Southern California Contract Management Services 21-15 N. California Boulevard, 6990 3990 Westerly Place. #195 Recycling & Solid Waste Contract Services Walnut Creek, CA 94596 Newport Beach, CA 92660 Recycling & Solid Waste Audit Services 925-977-6950 949-251-8628 Vehicle Impact Studies • Management & Operations Revievrs B013 Hilton Laith Ezzet Program Implementation, Diversion& Sustainability Services rhilton@hfh-consultants.com lezzet@hfh-consultants.com Recycling & Solid Waste Raie Services John Farnkopf Funding Storm Water & Street Programs jfamkopf@hfh-c `onsultants.com ww.hfh-r_onstltanfs.com 'Service brochures are available upon req nest d *� I HF&,H Consultants, LLC g Schtember 5, 2008 City of Diamond Bar Exhibit A: HF&H Service Broclim-es Proposal to Provide Solid Waste Contracting Assistance MANAGEMENT & OPERATIONS REVIEWS SOLUTIONS Gratifying Results j Safeguarding Your Future As cities grow and develop, needs change. As a result of this municipal flux, jurisdictions must modify recy- cling and solid waste programs, services and goals in order to operate efficiently—but where do they begin? Without objective evaluations of their management decisions, financial position, and operational activities, many end up with more questions than answers. HF&H has the experience, knowledge and insight to help. Premium Performance HF&H is committed to optimizing the efficiency of your recycling and solid waste programs and services. Our reviews ensure these operations are cost effective, achieve waste reduction goals, and meet long-term community needs by: • Conducting management studies that accurately assess your management's key assumptions. We make certain new or modified planning strategies and objectives are appropriate, financially sound, and viable. • Providing operation evaluations that accurately deter- mine the effectiveness, efficiency and safety of serv- ices provided by your operator. We identify causes of performance shortfalls; offer proven recommenda- tions to reduce costs and improve productivity and services, and assist with monitoring program results. A. �� r~•�5��1�.r� x.,l,?� � yea t �k,�, X � , ,. We focus on your unique goals and objectives. Our innovative approach to municipal and franchised opera- tional reviews identifies and substantiates opportunities to enhance your recycling and solid waste operations. As a result of recent HF&H management and opera- tions reviews, our clients have reported improvements such as a 10% decrease in routes, approximately $100,000 In reduced annual costs, and 10% increases in waste diversion. Our deep understanding of the recy- cling and solid waste industry allows our team of quali- fied experts to: • Plan and implement effective diversion programs and collection systems. • Evaluate operational effectiveness and develop rec- ommendations for improvement. • Provide dependable industry benchmarks for cost and service comparisons. • Offer independent, objective appraisal of operational and financial performance. "Your in-depth analysis of productivity associated with vehicles, equipment and testing asset purchases has saved ratepayers approximately $125,000 over the last three years." Mark Bowers Solid Waste Program Manager City of Sunnyvale HF&H Consultants, LLC 9 Septevnber 5, 2008 City of Diamond Bar Exhibit A: HF&H Ser2rice Brodu res Proposal to Provide Solid Waste Contracting Assistance UNSURPASSED SERVICES i ADVANTAGES YOU CAN TRUST HF&H offers a comprehensive collection of services Client Satisfaction designed to enhance the performance and effective- Our clients have unanimously reported 100% satisfac- ness of recycling and solid waste programs and servic- tion with our results, hire us again and again, and rec- es We provide optimal solutions for each public ommend our services to other jurisdictions with similar agency we assist. I needs.` Cost of Service and Operation Review: We use proven industry standards to objectively evaluate the relationship between your cost of services and opera fional productivity to ensure your goals are met or exceeded. Facility and Program Design Review: We assess 1 existing facility and program designs to improve the bottom-line results of your operations. Management Studies: We analyze your key assump- tions and develop strategic long-term plans to assure your jurisdiction meets projected operational, program, and capacity demands. Organizational Studies: We assess existing staffing and organizational structure to ve-ify proper assign- ment of responsibility. Incomparable Support HFBH delivers outstanding support every step of the way. We build long-term relationships and deliver long- term value for every client. Substantial Results We address your particular challenges and maximize your solid waste, recycling and diversion results. We've saved our clients millions of dollars collectively through expert monitoring of contractor compliance. One -Source Solutions As a team with extensive public sector and private hauler experience, we collaborate and offer compre- hensive solutions to your diversion compliance and contract performance issues. Get to know us and discover why we're the right choice for your management and operations services, Strategic Planning Review: We establish program goals and systems and provide recommendations of operational and programmatic improvements to ensure Results of 2006 HF&H Client saisfaction Survey conducted by i long-term needs and goals are met. Johnston, Gremaux & Rossi, LLP' Certibed Public Accoun,ants. 1 Northern California Southern California 2175 N. California Boulevard, 4990 3990 Westerly Place, #195 Walnut Creek, CA 94596 Newport Beach, CA 92660 925-977-6950 949-251-8628 Bob Hilton rhiiton@hfh-consultants.com John Farnkopf jfamkcpf@hfh-consultants.com Laith Ezzet lezzet@hfh-co nsultants.com vdvew.hfh-eonsu Itants.eom Contract Management Service; • Recycling & Solid Waste Contract Services • Recycling & Solid Wasie Audit Services • Vehicle Impact Siudies • Management & Operations Reviews Program Implementation. Diversion & Sustainability Services • Recycling & Solid Waste Rate Services • Funding Storm Water & Street Programs 'Service brochures are available upon request HF&H Consultants; LLC 10 Septcnrber 5, 2008 t HF&H Consultants; LLC 10 Septcnrber 5, 2008 City of Dinmond Bar Exhibit A: HF&H Sei-nice Brochures Proposal to Provide Solid Waste Contracting Assistance RECYCLING & SOLID WASTE RATE SERVICES SOLUTIONS Defending Your Rates Fair and sensible collection rates play a key role in your recycling and solid waste equation. That's why your jurisdiction needs to know if a request for a rate or compensation increase from your collection or material processing contractor makes sense. At HF&H, our in- depth rate and compensation reviews can prevent problems and ensure your collection rates are always right on the mark. Covered, Every Detail Our clients trust HF&H to provide expert evaluations of contractor rate/compensation modification applications, financial statements, operation records, and rate struc- tures. Our objective reviews and studies arm your juris- diction with every statistic necessary to successfully address contractor rate/compensation queries by: • Calculating contractor rateslcompensation and alter- native rate structures to cover specified contractor and municipal costs and to maximize waste reduction goals. • Ensuring all current and requested recycling and solid waste rates/compensation are reasonable and sup- ported by accurate documentation. k First -Rate Results Our commitment to providing accurate and comprehen- sive rate and compensation studies and reviews allows us to consistently detect omissions, errors and over- sights. We have assisted approximately 100 communi- ties throughout the Western United States in success- fully analyzing requested rate,!compensation increases. The results? Individual clients have saved millions of dollars in avoided contractor rate and compensation increases. • A recent HF&H collection rate review resulted in a reduction in a collection contractor's requested rate increase from 21.9% to 7.9% (based on more than a $1,400,000 reduction to the hauler's projected rev- enue requirement and a $342,000 increase in the hauler's projected revenue for the forthcoming rate period). • A recent HF&H processing facility compensation review resulted in a reduction in the facility operator's requested 2007 compensation from $29.8 million to $27.8 million—a savings of $2.0 million. "With each review of Marin Sanitary Service's Rafe Application, your team's focus on details and industry experience has produced results that prove beneficial to the City ... yet are acceptable to the Company." Ken Nordhoff Assistant City Manager, City of San Rafael HF&H Consultants, LLC; 11 September 5, 2008 City of Din woii l Bar Exhibit A: HF&H Serdice Brochures Proposal to Prozride Solid.I,Vaste Con tractingAssistanee UNRIVALED RATE SERVICES i provides recycling and solid waste rate services tailored to meet the unique demands of each city and public agency. We provide consulting services exclu- sively to public agencies In order to avoid conflicts of interest in appearance and in fact that may arise in firms that serve both the public and private sectors. Our team of experts will work diligently to help you reduce costs and provide creative solutions to achieve your program goals. Our reviews provide you with the assurance of an independent, expert, and thorough verification of the reasonableness and necessity of the contractor's requested rate/ compensation increase. Compensation Procedures Reviews: We develop policies and procedures that streamline and standard- ize the preparation and review of requested ratelcom- pensation increases to ensure common expectations and avoid antagonistic relationships, Cost of Service Studies/Rate Reviews: We analyze hauler revenue and expense financials, operations records, future plans, and projected financial results of operations to analyze the reasonableness of requested rate/compensation increases. We determine the equity of projected costs for providing a wide range of recy- cling and solid waste related services—including the use of split -body trucks, weekly versus bi-weekly col- lection, and residential and commercial food waste col- lection and processing. Rate Structure Reviews: We establish alternative col- lection rate structures to encourage more efficient serv- ice, waste reduction, and 1version. ADVANTAGES YOU CAN TRUST Client Satisfaction Our clients have unanimously reported 100% satisfac- tion with our results, hire us again and again, and rec- ommend our services to other jurisdictions with similar needs.' Incomparable Support i delivers outstanding support every step of the way. We build long-term relationships and deliver long- term value for every client. Substantial Results We address your particular challenges and maximize your solid waste, recycling and diversion results. We've saved our clients millions of dollars collectively through expert monitoring of contractor compliance. One -Source Solutions As a team with extensive public sector and private hauler experience, we cellaburate and offer compre- hensive solutions to your diversion compliance and contract performance issues. Get to know us and discover why we're the right choice for your recycling and solid waste rate services. "Results of 2006 HF&H Client Satisfaction Survey cord=ed by Johnston, Gremaux & Rossi, LLP, Certified Public Accoumant=_. Northern California Southern California Contract Management Service; 2175 N. California Boulevard, 4990 3990 Westerly Place, 1195 Walnut Creek, CA 94596 Newport Beach, CA 92660 925-977-6950 949-251-8628 Bob Hilton Leith Ezzet rhilton@hfh-consultants.com lezzet@hfh-consultants.com John Farnkopf Ifamkopf@hfh-consultants.com www•hfh-consultants.com Recycling & Solid Waste Contrart Services • Recycling & Solid Waste Audit Services Vehicle Impact Studies • Management & Operations Reviews • Program Implementation, Diversion & Sustainability Services Recyclign & Solid Waste Rale Services • Funding Storm Water & Street Programs `Service brochures are availab'e upon ic.�Uest ,. 3� tf � ��•�,"��su�rp�,���r t X r FIF&Tf COIISTdtiMts, LLC 12 Septcmber 5, 2008 City of Diamond Bar Exhibit A: HF&H Ser-uiee Brochures Proposal to Provide Solid Waste Contracting Assistance VEHICLE IMPACT STUDIES SOLUTIONS Street Maintenance Dilemma Many cities now struggle with the difficult task of fund- ing adequate street maintenance. State and local budg- ets continue to decrease. Gas taxes are stretched thin. Public street use continues to grow. As if this weren't enough, statistics prove that refuse, construction, and transit vehicles can cause up to 60% of total vehicle damage to public streets annually—which can cost jurisdictions tens of thousands to millions of dollars to repair. How can this damage from heavy-duty vehicles be proven and how can maintenance expenses be recovered from parties creating the damage? Fortunately, HF&H has solutions. Premium Studies, Lucrative Solutions Clients rely on HF&H when they need experts to evalu- ate street deterioration factors, measure the impact of refuse, construction and transit vehicles—and provide street maintenance funding solutions. As leaders in this arena, we help jurisdictions achieve street maintenance funding goals by: • Conducting proven impact studies to assess and doc- ument the detrimental effects that heavy-duty vehi- cles impose on public streets. • Developing innovative funding strategies to equitably recover maintenance costs from responsible parties. �t3tF"alnl� ''W73lt1�Ti�l�i Innovative Ideas Abound HF&H understands that jurisdictions must find new ways to acquire revenue in order to maintain safe, high-quality roadways. Our studies substantiate that one way to fund street maintenance is to initiate Refuse Vehicle Impact Fees in addition to franchise fees. Our experts help clients calculate and establish appropriate Recuse Vehicle Impact Fees based on vehi- cle usage for regular collection services and, if applica- ble, at solid waste and/or recycling facilities within juris- dictions—which can contribute hundreds of thousands of dollars annually toward street maintenance. Remarkable Results California jurisdictions have reaped the rewards of HF&H refuse vehicle and facility host impact studies: • The City of Fresno identified $726,000 in Refuse Vehicle impacts; $597,000 in Transit Vehicle impacts; and $7,912,000 in Construction Vehicle impacts. • The City of Livermore now collects approximately $1,823,000 annually to assist with street mainte- nance related to Refuse and Construction vehicles. "On behalf of the City of Livermore Public Works Department, I would like to take this opportunity to express my satisfaction and appreciation for the outstanding services provided by HF&H" Dan McIntyre. P.E. Public Works Director, City of Livermore HF&H Consultmits, LLC 13 September 5, 2008 City of Diamond Bar Exhibit A: HF&H Ser -,,ice Brochures ------------- — Proposal to Prozride Solid Waste Contracting Assistance VALUABLE IMPACT STUDY SERVICES HF&H studies accurately measure the damage caused to city streets by refuse, construction and transit vehl- cles. Our studies often find that the damage caused by heavy-duty vehicles produces a disproportionate finan- cial burden that can be alleviated. HF&I-i performs the following studies to help determine the impact of various vehicles and facilities on street quality: Recycling and Solid Waste Vehicle Impact Studies: We collaborate with our clients' service providers to dis tinguish the physical impact of and associated mainte- nance expenses from collection vehicles regularly oper ating on public streets. Construction Vehicle Impact Studies: We analyze budding permit volumes, construction categories, traffic classifications, and street quality to determine street maintenance impacts and associated maintenance expenses of building activity. Transit Vehicle Impact Studies: We study vehicle types, routing, ridership, and trip frequencies of bus transit systems to calculate the impact on public streets and associated maintenance expenses. Facility Impact Studies: We work with host jurisdic- tions and facility operators to establish the impacts of hosting regionally used facilities in their jurisdictions and to set reasonable host fees for those facilities. Northern California Southern California 2175 N. California Boulevard, #990 3990 Westerly Place, 4195 Walnut Creek. CA 94596 Newport Beach, CA 92660 925-977-6950 949-251-8628 Bob Hilton rhil-on@hFn-cDnsultants.com John Farnkopf jfarnkopf@hfh-consul tants-com ADVANTAGES YOU CAN TRUST Client Satisfaction Our clients have unanimously reported 100% satisfac- tion with our results, hire us again & again, and recom- mend our services to other jurisdictions with similar needs.' Incomparable Support HF&H delivers outstanding support every step of the way. We build long-term relationships and deliver long- term value for every client. Substantial Results We address your particular challenges and maximize your solid waste, recycling and diversion results. We've saved our clients millions of dollars collectively through expert financial analysis. One -Source Solutions As a team with extensive public sector and private hauler experience, we collaborate and offer compre- hensive solutions to your diversion compliance and contract performance issues. Get to know us and discover why we're the right choice for your vehicle impact study and street maintenance funding solutions services, `Rzsults of 2DO6 HF&H Client Satisfaction Survey conducted by Johnston, Gremaux & Rossi, LLP, Certified Public Accountants. Laith Ezzet lezzet@hfh-consultants.com www.hfih-consuliants.com • Contract Management Service; • Recycling 8 Solid Waste Contract Services • Recyctng & Solid Waste Audit Services • vehicle Impact Studies • Management & Operations Reviews Program Implementation. Diversion & Sustainability Services Recycling & Solid Waste Rate Services Funding Storm Water & Street Programs HF«H Co17s711tt711tS, LLC 74 Septcmher 5, 2008 City of Diaiiaoiud Bar Proposal to Protide Solid Wastc Contracting Assistance EXHIBIT B: CLIENT LIST Exhilnt B: ClieW List Aerojet General Corporation City of Carson Alameda County Clean Water Program City of Carson City, Nevada Alameda County Waste Management City of Cerritos Authority City of Chandler Alameda County Water District City of Chula Vista Alameda Joint Refuse Rate Review City of Clovis Committee City of Compton Alameda Solid Waste Advisory Committee City of Corte Madera Amador Water Agency City of Cotati Bay Area Water Supply & Conservation City of Covina Agency City of Cudahy Bear Creek Valley Sanitary City of Cupertino Bold, Polisner, Maddow City of Daly City Brown, Vence & Associates, Inc. City of Dana Point Bryan A. Stirrat & Associates City of Davis California Water Service Company City of Del Mar Carmichael Water District City of Diamond Bar Castro Valley Sanitary District City of Downey Central Contra Costa Sanitary District City of Dublin Central Contra Costa Solid Waste Authority City of East Palo Alto City of Adelanto City of El Centro City of Alameda City of El Cerrito City of Albany City of El Monte City of Anaheim City of Elk Grove City of Arcadia City of Emeryville City of Ashland City of Encinitas City of Atherton City of Eugene City of Atwater City of Fair Oaks City of Azusa City of Fairfield City of Barstow City of Fairfield City of Bellflower City of Fillmore City of Belmont City of Florence City of Belvedere City of Folsom City of Benicia City of Fort Bragg City of Beverly Hills City of Fort Collins, CO City of Brentwood City of Fortuna City of Burbank City of Foster City City of Burlingame City of Fremont City of Calabasas City of Fresno City of Camarillo City of Fullerton City of Campbell City of Garden Grove City of Canyon Lake City of Gilroy City of Carlsbad City of Glendale, Arizona City of Carpinteria City of Glendale, California HF&H C011SUlta7its, LLC 1 September 5, 2005 City of Diarnond Bar Ea-luint B: Clioit List Proposal to Prozyide Solidi Chaste Co7t7nctv7g Assists uce City of Glendora City of Mill Valley City of Goodyear City of Millbrae City of Gridley City of Milpitas City of Guadalupe City of Mission Viejo City cf Hawthorne City of Modesto City of Hayward City of Monrovia City of Healdsburg City of Montclair City of Hercules City of Monte Sereno City of Hesperia City of Monterey Park Town of Hillsborough City of Morgan Hill City of Hollywood City of Mountain View City of Imperial Beach City of Murrieta City of Indian Wells City of Napa City of Indio City of Newark City of Inglewood City of Newport Beach City of Irvine City of Newport, OR City of Kensington City of Northridge City of La Canada-Flintridge City of Oakland Public Works Agency City of La Habra City of Ogden, UT City of La Palma Town of Old Sacramento City of La Puente City of Ojai City of La Quinta City of Orange City of La Verne City of Oxnard City of Laguna Beach City of Pacifica City of Laguna Niguel City of Palm Desert City of Lake Forest City of Palm Springs City of Lancaster City of Palmdale City of Lathrop City of Palo Alto City of Lawndale Town of Paradise City of Lincoln City of Pasadena City of Litchfield Park, Arizona City of Paso Robles City of Livermore City of Peoria, AZ City of Lodi City of Petaluma City of Long Beach City of Piedmont City of Los Altos City of Pinole Town of Los Altos Hills City of Pleasanton City of Los Angeles City of Pomona City of Los Banos City of Port Hueneme Town of Los Gatos City of Portland City of Lynwood City of Portola Valley City of Manhattan Beach City of Poway City of Manteca City of Rancho Palos Verdes City of Martinez City of Rancho Santa Margarita City of Menlo Park City of Redondo Beach City of Mesa Consolidated City of Redwood City HP&H C017sidta t , LLC SepteMlvr 5, 2005 City of Di.aiaa.ond Bar Exliilnt B: Client List Proposal to Provide Solid Waste Coiitracting Assistance City of Rio Vista City of Vallejo City of Riverside City of Vancouver, WA City of Rohnert Park City of Vernon City of Roseville City of Visalia City of Sacramento City of Walnut Creek City of Saginaw City of Watsonville Town of San Anselmo City of West Hollywood City of San Bernardino City of West Linn, OR City of San Bruno City of Whittier City of San Buenaventura Town of Windsor City of San Carlos City of Winters City of San Clemente City of Woodland City of San Diego City of Yountville City & County of San Francisco Citygate Associates City of San Jose Clackamas County City of San Juan Capistrano Coachella Valley Association of Citv of San Leandro Governments City of San Luis Obispo Contra Costa Water District City of San Mateo County of El Dorado City of San Rafael County of Humboldt City of San Ramon County of Kern City of Sandy County of Los Angeles City of Sanger County of Marin City of Santa Ana County of Mariposa City of Santa Barbara County of Mendocino City of Santa Clarita County of Merced City of Santa Cruz County of Mono City of Santa Monica County of North San Diego City of Santa Paula County of Riverside City of Santa Rosa County of Sacramento City of Santee County of San Bernardino City of Seattle County of San Luis Obispo City of Sebastopol County of San Mateo City of Sedona, AZ County of Santa Barbara City of Selma County of Sutter City of South Gate County of Tulare City of South San Francisco County of Ventura City of Sunnyvale County of Yolo City of Temecula David M. Griffith & Associates City of Thousand Oaks Delta Diablo Sanitation District Town of Tiburon East Bay Municipal Utilities District City of Torrance East Palo Alto Sanitation District City of Tustin Fairfield -Suisun Sewer District City of Union City Fred Hutchinson Cancer Research Center City of Upland Fremont Unified School District HF&H Cozsztiltaots, LLC 3 September 5, 2008 City of Di.atnoiiti Bar Exhibit B: Climt List Proposal to Proz7ide Solid til�aste Contracth7g ASSistan.ee Glenn County Public Works Greater Vancouver Water District Groveland Community Services District Hanson, Bridgett, Marcus, Vlahos & Rudy Humboldt Waste Management Authority Integrated Waste Management & Recycling Josephine County/ Grants Pass SWA Kensington Police Protection Lake County / City Area Planning Council Lane County Waste Management Las Gallinas Valley Sanitary District Los Angeles County Sanitation District Los Trancos County Water District Lukin.s Brothers Water Company Malaga County Water District Marin County Community Development Agency McCu.tchen Doyle Brown & Emersen, LLP Metropolitan Water District Morrison & Foerster Mountain View Sanitary District North American Development Bank North Coast County Water District Novato Sanitary District Olivenhain Municipal Water District Orange County Orange County/City Mans SW Working Group Oro Loma Sanitary District Placer County Water Agency Riverside County Waste Resources Management District Ross Valley Sanitary District RTI International San Francisquito Creek JPA San Gabriel Valley Council of Governments San Juan Water District Sanitary District No. 5 of Marin County Santa Clara Valley Water District Santa Margarita Water District Sausalito -Marin City Sanitary District Scotts Valley Water District SCS Engineers Sharon Heights Golf & Country Club Silicon Valley Animal Control Authority Somach, Simmons and Dunn South Bayside Waste Management Authority South County Fire South El Monte Joint Defense Group Southeast Water Coalition JPA Stanislaus County SWANA Tamalpais Community Services District The State Bar of California Tri -City Waste Management Union Sanitary District Veterans Home Administration Waste Management of Los Angeles West Bay Sanitary District West Contra Costa Integrated Waste Management West Valley Cities SWPM West Valley Sanitary Waste Management West Valley Solid Waste Management Authority Western Municipal Water District Western Riverside Council of Government HF&H Coilsi4timts, LLC ?008 _September S, City of Dia)aimd Bar Ezl?ibit C: Staff Res 7ws Prohosai to Pi-ovide Solid Waste Coiitracth7g Assistance EXHIBIT C: STAFF RESUMES LAITH EZZET, CMC, SENIOR VICE PRESIDENT RANGE OF EXPERIENCE Mr. Ezzet's expertise lies in integrated waste management program planning and funding, solid waste collection operations, recycling and yard waste programs, procurement and negotiation of solid waste services contracts, waste diversion studies, community involvement and public outreach, regulatory policy, service cost tracking, rate setting, landfill funding, cost - benefit analysis, efficiency studies, financial and economic modeling, industry surveys, and statistical market research. PROFESSIONAL AND BUSINESS HISTORY HF&H Consultants, LLC: Senior Vice President, 1996 to Present; Senior Associate, 1991 to 1995 Price Waterhouse: Manager, 1990 to 1991; Senior Consultant, 1988 to 1990; Associate, 1987 U. S. Army Corps of Engineers, Water Resources Branch: Economist, 1983 to 1986 PROFESSIONAL ORGANIZATIONS California Resource Recovery Association (Past Director and Chapter Treasurer) Institute of Management Consultants Solid Waste Association of North America (Corporate Director, Southern California Founding Chapter) Southern California Waste Management Forum ARTICLES AND SPEECHES Moderator, "Managing Unique and Special Wastes," SWANA Workshop, September 9, 2004 "An Overview of Solid Waste Rates & Market Conditions in Southern California," presented to the San Gabriel Valley Council of Governments Solid Waste Committee, June 27, 2001 "Are the Trash Wars Over in Southern California?" presented at the Southern California Waste Management Forum, Pomona, May 2001 "Consolidation in the Southern California Waste Hauling Market: Effects on Rates, Services, Cities and Service Providers", presented at SWANA's 29th Annual Western Regional Solid Waste Symposium, Palm Springs, May 2000 "Solid Waste Services and the Purchasing Power of 100 Large Public Service Providers in North America", presented and published at WASTECON, Reno, October 1999 "How to Maximize Your Savings from Competitive Proposals for Contract Collection Operations", presented at SWANA's 3rd Annual Planning & Management Symposium, New Orleans, July 1999 EDUCATION AND PROFESSIONAL CERTIFICATION M.B.A., Tuck School of Business Administration at Dartmouth College, 1988 M.B.A., course work at the London Business School, 1987 A.B., cum laude, Economics, Occidental College, 1984 Certified Management Consultant (CMC Professional Certification) HF&H Considtmits, LLC 1 September 5, 2008 City of Dia�noii.d Bar Exhibit C: Staff Resumes Proposal to Provide Solid Wtl ste Cmtractillo Assisttiixe LISA. KEATING, JET, SENIOR ASSOCIATE RANGE OF EXPERIENCE Lisa Keating has assisted cities -,with procurement processes for the past nine years. She assisted the cities of Bellflower, Beverly Hills, Compton, El Centro, Lawndale, Manhattan Beach, Mission Viejo, Palm Desert, Rancho Palos Verdes, Riverside, Santa Clarita, Tustin, and Goodyear (Arizona), and the County of Orange through the procurement process for new solid waste collection and recycling agreements. She has drafted both Requests for Proposals and Requests for Bids, and the related agreements. She has reviewed hauler proposals for solid waste collection, recycling and disposal services. l Ms. Keating assisted the cities of Dana Point, Inglewood and Palmdale to re -negotiate their collection contracts. She assisted the cities of Carlsbad, Dana Point, Garden Grove and Murrieta with contract reviews to evaluate re -negotiation options. PROFESSIONAL AND BUSINESS HISTORY HF&H Consultants, LLC; Senior Associate, 1999 to present. M. Tam International, Inc.; Legal Counsel and Corporate Secretary, 1998 to 1999 Morgan Stanley Dean Witter; Financial Advisor, 1989 to 1998 Cutler Productions, Director of Publicity; 1988 to 1989 Nikko Securities International; 1987 to 1988 ARTICLES AND SPEECHES "Construction & Demolition Debris: Diversion, Disposal & Reporting", presented at the San Gabriel Valley Council of Government's Workshop on the Disposal Reporting System, West Covina, February 2001. "Construction & Demolition Debris Ordinance and Program Possibilities", presented at the California Resource Recovery Association Annual Conference, Pasadena, fuly 2001. "C&D Ordinance & Program Options", presented at the Solid Waste Association of North America's Annual Waste Reduction, Recycling and Composting and Annual Collection and Transfer Conference, San Diego, February 2004. "Pain Free: Cities in California are Trying Contractor Friendly Methods to Promote C&D Recycling" C&D Recycler magazine, March/ April 2002, p. 20. EDUCATION AND PROFESSIONAL CERTIFICATION J.D., cum laude, Western State University, College of Law, Fullerton, CA B.A., Economics, University of California at Los Angeles Accounting for Managers, University of California at Irvine Member, California State Bar HF&H Co!zsultattts, LLC ? SLptembcr D-, 2008 City of Diai7zo7.d Bar Exhibit C: Staff Resuilies Proposal to Proizide Solid Waste Coiitracting Assistame DARRELL BICE, CPA, DIRECTOR OF RECYCLING & SOLID WASTE AUDITS RANGE OF EXPERIENCE Darrell Bice is a Certified Public Accountant with 32 years of auditing and accounting experience, including experience in public accounting and in the solid waste industry. During his time in public accounting, he participated in and supervised the annual audits of a major public solid waste company. He served as an assistant corporate controller for five years and as a division controller for two years in the solid waste industry for a major solid waste company. As an assistant corporate controller, he reviewed the results of operations for ten California divisions, which included the analysis of financial statements and operating reports to evaluate the performance of the division and report to corporate management. While a division controller, Mr. Bice assisted in the development of a commercial refuse pricing model, incorporating the full cost of service and desired profit levels. Additionally, he participated as a team member in the development of the cost -of -service and resulting pricing structures for proposals to several southern California municipalities. As a solid waste consultant, during the past seven years, Mr. Bice has participated in a variety of solid waste projects for over 30 municipalities and governmental agencies. He participated in procurement/ negotiation support projects for two southern California cities. PROFESSIONAL AND BUSINESS HISTORY HF&H Consultants, LLC: Senior Associate, January 1998 to present HF&H Consultants, LLC: Associate, May 1996 to January 1998 Western Waste Industries, Division Controller, July 1994 to May 1996 Western Waste Industries, Assistant Corporate Controller, March 1989 to June 1994 Majestic Realty & Commerce Construction Company, Controller, 1986 to 1988 Western Tube & Conduit Corporation, Assistant Controller, 1985 to 1986 Ernst & Whinney (Young), Audit Manager, 1979 to 1985 EDUCATION AND PROFESSIONAL CERTIFICATION B.A. (1975), Accounting, California State University, Fullerton Certified Public Accountant PROFESSIONAL ORGANIZATIONS Southern California Waste Management Forum (Director and Vice -Chair) American Institute of Certified Public Accountants California Society of Certified Public Accountants PRESENTATIONS "Are the Books Cooked, or Just Slightly Sauteed?" presented to the Solid Waste Association of North America (SWANA), Palm Springs, May 2003_ "Evaluation of Rate Adjustment Requests", presented to the Solid Waste Association of North America (SWANA), Lake Tahoe, May 2002; to the San Gabriel Valley Council of Governments, West Covina, June 2001; and to the South Bay Cities workgroup (SBBEC), Redondo Beach, October, 2003. September 5, 200b HFr H Coizsarl talits, H C 3 City of Diamoici Bor Proposal to Provide Solid lMaste Contracting Assistance DEBBIE MORRIS, SENIOR ASSOCIATE RANGE OF EXPERIENCE txliilnt C: Staff Resumes Ms. Morris has over twenty-three years of experience with local government, public accounting, and solid waste consulting firms. For the past fifteen years she has worked for HF&H, where she has been the principal analyst responsible for gathering and tabulating data for the solid waste surveys of programs, rates, services, and facilities used by cities in the counties of Imperial, Los Angeles, Orange, Riverside, San Diego, San Bernardino, and Ventura. She has performed data input and assisted with model development for several large regional solid waste system studies, including the Orange County RELOOC study, the Riverside County Cooperative Waste Management study and others. She has also assisted in the gathering and analysis of data for a conversion technologies project for the California Integrated Waste Management Board (CIWMB). In-depth descriptions of her annual report, AB 939 compliance, franchise management and auditing experience are included below. PROFESSIONAL EXPERIENCE 1992 to present: HF&H Consultants, LLC, Newport Beach, California. 1985 to 1992: Price Waterhouse, Newport Beach, California 1983 to 1985: City of Irvine, Irvine, California EDUCATION B.S. studies, Concordia University, Irvine A.S. Business, Irvine Valley College City of Diamond Bar Exhibit D: Client Testimonial Letters Proposal to Proznde Solid Waste Contracting Assistance EXHIBIT D: CLIENT TESTIMONIAL LETTERS �,zy,t•7i 1Lvo1�,ls�f,At.5�lrr�(� v ..r i May 30, 2007 Laith Elzet, Senior Vice President Hilton, Farnkoph & Hobson 3990 Westerly Place, Suite 195 Newport Beach, CA 92660-2311 Dear Laith, The City of El Centro would like to thank you for your expertise on solid waste issues, your connections in the industry that attracted qualified proposers, and your detailed understanding of our community. It all came together to provide quality service to our residents. I firing Hilton, Famkopf & Hobson resulted in significant financial rewards, from both the billing analysis you conducted as well as the new franchise agreement you helped us develop. Even though there has not been a rate increase in four years, City of El Centro residents will see only a 2% increase in rates while the City will increase its revenue by nearly 27% as a result of your efforts. The integrity with which HF&H navigated the City through this process was above reproach. City council members, as you know, praised your work methods, thoroughness, and professionalism Your work exceeded our expectations and will help the City take control of all aspects of its waste hauling services. Sincerely, Terry Hagen, P E. Director of Public Works/City Engineer Public Works Department 1275 Main Street, El Centro, CA 92243 (760) 337-4505 Fax (760) 337-3172 %—Md^"Dkd". S,'P &-M..Dhidsn MobrE Uj,_d Divldtn UffieMMWdUtUUmDivido. WW krTmtn Dhi&R W&1 T=a IDiddm 307WW&,0—*— 307w,,a&-Ae— 307We-%#—A— 307 Wst8{¢ilow Nenc 22.15 UBii .i 'OPO S zefth&em A C )*q CA922C K Ca *a CA92243 z Catr CA922G7 E Ci*.' 6992243 H Q.Ye, CA 922 II aM'0. rA9. N3 SeptenrberZ5, ?008 HF&H Consultants, LLC 1 City of Diamond Bar Exhibit D: Client Testimonial Letters Proposal to Provide Solid Waste Contracting Assistance Inglewood._ , _ California Public No is Deparimeni 90ULE.;AR NGLEA TODD, ZA OD3 PD. noz tSpD, NG JtrdO'Jn, C90',� Tel=phos= f 3101 �'_-5333 ' Fcr 131 n; S5=,� JERRY 1V GIVENS 5-iAD BEZAi Depun -i;� A�rr��n:>hah�r �anr rr "�I_d r �. Ls. D-cta Puo< A�o, Cc Dredor Deceember 23, 2004 Mr- Laith Ezzet Senior Vice President H lton, Famkopf and Hobson 3990 Westerly Place, Suite 195 Newport Beach, CA 92660-2311 Dear 1`uTr. Ezzet: The City of Inglewood would like to thank you and your firm, Hilton, Famkopf, & Hobson, for your professional assistance in helping the city procure an exclusive provider contra:, for ne\v and enhanced waste and recycling services. The new service will help the City improve its environmental profile by adding services and programs that will increase our diversion efforts in the preservation of our natural resources. It was rewarding to successfully navigate through such a long and complex process. Your dedicated and knowledgeable staff approached each aspect of the contract negotiations with the integrity and thoroughness we have come to admire and respect. Your guidance and expertise made this challenging process mutually beneficial for the City and it's constituents. Hilton, Famkopf, & Hobson's specialized knowledge in analyzing and assessing information as it related to waste services helned secure the Citv's largest contract for public services. while negotiating a 5 % overall cost reduction to obtain these services. On behalf of the Public Works staff of the City of inglcwood, l would like to again thank you for playir- a key role in the City's successful acquisition of services that will ensure the City's environmental commitment for years to come. Sincerely, r. Thomas Coates Environmental Services Administrator TC;ba HF&H Cousi-dtants, LLC > September 25, 2008 Citl./ of Diamond Bay' Exhibit D: Client Testimonial Lettet•s Proposal to PTCLYide Solid Waste Contracting Assistance DEPARTMENT OF PUBLIC WORKS FLOOD CONTROL • GIMS • REGIONAL PARKS • SOLID WASTE - SURVEYOR • TRANSPORTATION SOLID WASTE MANAGEMENT DIVISION 222 West Hospitality Lane, Second Floor • San Bernardino, CA 92415-0017 (909) 386-8722 • Fax (909) 386-8786 March 29, 2001 Laith Ezzet, Senior Vice President Hilton, Farnkopf & Hobson 3990 Westerly Place, Suite 195 Newport Beach, CA 92660-2311 Dear Laith: COUNTY OF SAN BERNARDINO ECONOMIC DEVELOPMENT AND PUBLIC SERVICES GROUP KEN A. MILLER Director of Public Works GERRY NEWCOMBE Solid Waste Division Manager It is with great pleasure that I pause and write to thank you for the excellentjob you and your staff did in assisting the County of San Bernardino with its procurement of a solid waste system operations contractor. Our satisfaction with Hilton, Famkopf & Hobson from previous engagements was surpassed by your performance throughout this year- long process that just reached its successful conclusion. Perhaps the most telling characterization of your firm's capability in managing complex procurement projects were the repeated accolades from members of the Board of Supervisors. These elected officials, on several occasions, expressed their complete satisfaction with the thoroughness and integrity of the RFP process and complimented your ability to produce a well reasoned and easy to understand analysis. 1 join them in their assessment of your work, and would add that the smooth coordination between your staff and the Solid Waste Management Division staff added to the success of the final product. Thank you again for exceeding our expectations for this project and I look forward to working together in the future. Sincerely, VAW'Vfv-Q� Gerry Newcombe Division Manager Fee , Payee HFH Consultants, LLC 3 September 25, 200E Cite of Diamond Bar Exhibit D: Client Test1'1norl.ial Letters Proposal to Proinde Solid Waste Contracting Assistance �LLFLC7;�� r+E PRIENIA-Y curl Igi h.e November 17, 2004 Y OF 'rM�Mco N1 UTD-21 16600 Civic Center Gr've Bellflower, California 90705.5494 (562) 804-1424 f FAX: (562) 925.8.660 6�pa/�+1h'"'•bellflower.o^g Mr. Laith Ezzet, Senior Vice President Hilton, Farnkopf & Hobson, LLC 3990 Westerly Place, Suite 195 Newport Beach, CA 92660-2311 Dear Mr. Ezzet: DOROTHY R, KING IJayor RANDY BOMC.AARS Meyar Pro Tem SCOTT A. LARSEN JOHN' K. PRA,TT Council Member PAY T. SMITE O--] [,A—ber The City of Bellflower wishes to thank you for the hard work provided by Hilton, Farnkopf & Hobson during the City's process to select a waste management services provider. The ten month process to make that selection was well coordinated and thoroughly administered. Yours and Lisa Keating's professionalism are especially noted in making the process so. The final selection of the provider produced an agreement that will be $1.4 million dollars a year less than the current exclusive agreement. Each component of the community, single family residential, multi -family properties and commercial accounts will realize a relief in rates and an increase in services. The City of Bellflower is very satisfied with the use of your firm for this process. We will not hesitate to consider Hilton, Farnkopf & Hobson for future waste management services related projects. Sin Gere! y, Brian R. Smith Assistant Director of Public Works HF&H-017SH.Itmifs, LLC 5eptemher25, 2008 City of Diamond Bar Exhibit D: Client Testimonial Lettel•s Proposal to Proz4de Soltd Waste Contracting Assistance 7H C;TY OF 4 I L 1 o R N i July 9, 1997 44-950 �ldotado rive o Indian Surds, CA 9-1210-749 £?l. 760/346-248G , Fax: 760/346 040% 1-.ttp //1v.��.ci India I-wellS.cG.us Laith Ezzet, Principal Hilton Farnkopf & Hobson Commercecenter One 3990 Westerly Place, Suite 195 Newport Beach, CA 92660-2311 Dear Laith: have been meaning to send you a brief note for some time now to express my appreciation for your technical assistance and support during our solid waste procurement process. Your expertise and professionalism were instrumental in bringing closure to a very long and at times tumultuous process. We could still be in negotiations today hadn't it been for your diplomatic tact and "good guy" mentality. For your information and records, I have enclosed a copy of the final franchise agreement. Please feel free to share this document with other clients. Again, on behalf of the City of Indian Wells, thank you for a job well done. Although our contract has now come to a close, I hope that you will stay in touch in the future. Sincerely, >7 Troy Lt11B''u laff Assistant the City Manager Enclosure September 25, 2008 HF&H Consultants, LLC 5 Gi y of Diamond Bar Proposal to Prorride Solid Waste Contracting Assistance Exhibit D: Client Testimonial Letters OF LAWN U fi 1471 7 BURIN AVENUE a LAWN DALE, CALIFOP.NIA 90260 (310) 970-2100 FAX(310)644-4556 Ynb M[SOu — - y,P April 6, 1998 Mr. Laith Ezzet Vice President Hilton Farnkopf& Hobson, LLC Commercenter One 3990 Westerly Place, Suite 195 Newport Beach, California 92660-2311 Dear Laith: I have been meaning to send you a brief note for some time now to express my appreciation for your technical assistance and support during our solid waste franchise renewal process. Your expertise and professional style was key to bringing an automated waste collection service to the City. Our City Council appreciated your innovative approach to consensus building including several key community based workshops. The City's transition from manual to automated service has been well received by our citizenry. Your willingness to assist us in negotiating a new vendor contract as well as a transition plan exceeded our expectation of your services as a consultant. Again, on behalf of the City of Lawndale, thank you for a job well done. Sincerely, J ie arter ssistant to the City Manager cc Michael Sorb, City Manager HF&H onsatitar?ts, LLC 6 �Sehtciirber25, 2006 City of Diamond Bar Exhibit D: Client Testimonial Letters Proposal to Proznde Solid I'Vaste Contracting Assistance LtO� LAW ry�9 V C� 14717 BURIN AVENUE . LAWNDALE, CALIFORNIA 90260 • (310) 97D-2100 - FAX (310) 644-4556 CAUFOS"', December 8, 2004 Re: Letter of Reference for Hilton Farnkopf & Hobson, LLC To Whom It May Concern: TI -ds letter of reference describes the work performed by Hilton Famkopf & Hobson, LLC ("HF&H") on behalf of the City of Lawndale. HF&H has provided solid waste consulting services to the City of Lawndale since 1997. In 1997 and 2002, HF&H assisted the City in the preparation of two Requests for Proposals ("RFP") and franchise agreements for solid waste collection, curbside recycling, and yard waste collection services. Dining the first procurement process in 1997, the City's ratepayers saved approximately $130.000 in the first year and 5651,000 over the contract term, 2n 11 % decrease over prior rates. The RFP process in 2002 further lowered the City's first year costs by $171,000, resulting in savings of $1.2 million over the contract tern and a 16% decrease over prior rates. As a result of these procurement processes, the City also increased residential recycling and yard waste services, and improved the City's overall diversion percentage. In 2002, HF&H assisted in the establislunent of a commercial pernnit system to track conunercial hauling activities in Lawndale, and the revision of the City's solid vvaste ordinance to establish new AB 939 fees. Throughpernut managemenm t activities performed by HF&H, the City has collected an additional $100,000 per year in A 939 fees, and all nine haulers are up-to-date in their fee payments to the City. HF&H has also provided assistance to the City by evaluating programs for implementation to increase the City's diversion rate. These programs were included in a Plan of Correction developed under the guidance of HF&H which was submitted and subsequently approved by the California Integrated Waste Management Board. An important, contributing factor to our increased diversion rate and collection of fees is the residential contract and conunercial permit prop am oversight performed by HF&H. Through HF&H's procurement and negotiation assistance, and HF&H's ongoing assistance 1vith AB 939 program implementation, contract and permit oversig3lt, our City's residential diversion rate has increased from 16% in 2003 to 38% to -date. I �AJould highly recommend the use HF&H's services to any city needing assistance with solid waste collection and diversion activities. If there are have any questions, I can be reached at(310)973-3200. Sincerely, nc Acting City anagen I.\I_cucrs NrH Lt, M RLf 0- HF&H COriSUltt719. 5, LLC Septem-ber 25, 2008 Cite of Diamond Bar Proposal to Proende Solid LVaste Con tractingAssistrance November 20, 2001 Exhibit D: Client Testimonial Letters Public Works Deparunent 3621 Bell Ai,enue Manhattan Beach, CA 90266-4795 Telephone (310)802-5,00 FAX (310)546-1752 Laith Ezzet, Senior Vice President Hilton, Farnkopf & Hobson 3990 Westerly Place, Suite 195 Newport Beach, CA 92660-2311 Dear Laith: 1 would like to commend you and your staff for the technical expertise that you and your firm brought to our current solid waste contract procurement process. it has been clear to us that your experience with many similar procurements has turned what we believed would be a very difficult process into a process that seems much more routine. Also, your experience and guidance were essential in convincing the City Council that the process you proposed would be objective, fair and well reasoned. I look forward to working with you to complete this complex procurement project. Sincerely, Neil Miller Director of Public Works Cil), of Manhattan Beach Web Site: http:/h\-%Nm cimanhauan-bcach.ca.us HF&H C>nstlltallts, LLC September 25, 2008 City of Diamond Bar Exhibit D: Client Testimonial Letters Proposal to Proznde Solid Waste Contracting Assistance October 12, 2000 Laith Ezzet, Senior Vice President Hilton, Famkopf & Hobson 3990 Westerly Place, Suite 195 Newport Beach, CA 92660-2311 Dear Laith, Thank you for working with the City of Mission Viejo on the procurement of a franchise agreement for residential and commercial integrated solid waste management services. I appreciate all of your work that successfully resulted in a multi-million dollar solid waste franchise. 1 fully understand why other cities and our City Attorney, frorn Richards, Watson & Gershon highly recommended Hilton, Famkopf & Hobson for this project. Your experience and guidance was invaluable as we set out to develop a new, three -cart automated system, including drafting the Request for Proposal, participating in all of the Council subcomrnittee meetings, meetings with the community, the Chamber of Commerce, and finally development of a new consolidated franchise agreement. These efforts will save Mission Viejo residents and businesses $6.4 million over the next eight years and feedback from the community is already very positive. You did an outstanding job in Mission Viejo and I will continue to speak highly of the team of professionals at Hilton, Famkopf & Hobson to my counterparts in other cities. Thank you! Sincerely, I Karen E. Wylie Assistant to the City M2(n ger 25909 Pala - Suite 200 r A9issim Yieja, Ulifomia 99.691 httpa'�+wH.c i.mission-vie iaea.us �a HF&H Cnstdtants, LLC 949,470-3(61 FAX 9491859-1366 September 25, 2005 Shem K Bultedield r M4yaWiliam S. City of Mission Viejo Mayor Pro Temr>nre Mayor NOT we __� Roger S. Faubel C -nal Af mks Office of the City Manager !ohnFaul"J.P']xdesma Cnu:ra! ,4(emlrcr AsaT) WiLhTow Camrri! Af—b" Banfel P. !oseph Cly if -PLT October 12, 2000 Laith Ezzet, Senior Vice President Hilton, Famkopf & Hobson 3990 Westerly Place, Suite 195 Newport Beach, CA 92660-2311 Dear Laith, Thank you for working with the City of Mission Viejo on the procurement of a franchise agreement for residential and commercial integrated solid waste management services. I appreciate all of your work that successfully resulted in a multi-million dollar solid waste franchise. 1 fully understand why other cities and our City Attorney, frorn Richards, Watson & Gershon highly recommended Hilton, Famkopf & Hobson for this project. Your experience and guidance was invaluable as we set out to develop a new, three -cart automated system, including drafting the Request for Proposal, participating in all of the Council subcomrnittee meetings, meetings with the community, the Chamber of Commerce, and finally development of a new consolidated franchise agreement. These efforts will save Mission Viejo residents and businesses $6.4 million over the next eight years and feedback from the community is already very positive. You did an outstanding job in Mission Viejo and I will continue to speak highly of the team of professionals at Hilton, Famkopf & Hobson to my counterparts in other cities. Thank you! Sincerely, I Karen E. Wylie Assistant to the City M2(n ger 25909 Pala - Suite 200 r A9issim Yieja, Ulifomia 99.691 httpa'�+wH.c i.mission-vie iaea.us �a HF&H Cnstdtants, LLC 949,470-3(61 FAX 9491859-1366 September 25, 2005 City of Diamon..d Bar Exhibit D: Client Testinmt2ial Letters Proposal to Provide Solid Waste Contracting Assistance City of Salta Clarita 23920 Valencia Blvd Su le 300 Sa-Ita Clarita Calilornz 91355-2196 Websile: www santa-clarita con 1v4r. Lath E�zet Hilton i=3rnkopf L Hobson. LL -- N e LC\evapol7. Ca921660-2311 Dear 11r. Ezz; Phone \ (6611259-2489 - Fax (6611259-8125 -, 1 \\"ouid like to thank you a_am for your assistance \>rith the City of Santa Clar ta's Request for Proposals (RFP) for the collection of residential and commercial solid vy asre. Your ussislance %s us alli"_itcaral part in LlIt 01y obtaining exemplars residential and commercial ser\ ices. We asked fora !arae number of services from our haulers- %y hilee requesting that thev decrease ourrates. Ahhoueh the City asked fo- matte semces, many of vN hich ate not Conijijuii ori ou, 1-e_ uln. Vol] and Lisa Keating ,1tic-- able to pl'epare excellent ?rL)m:ni e a�� eements that required the haulers to stncily adhere to the Cit�`s needs and cesircS. To make things better. eVen \with the e cellent iranchise aareemems. \ou and Lis:, were also able to acquire Cit\ services beyond \\ hat \\ ac_ requested. \+ hile at thz same tirnesi�nifir_ntl\L.\ tin�ratesforboth residen:sandlocal businesses. Thank vcu i'o- assisun_ us in obunmml these great agreements. We are eLeerk !\\ aitin the commencement of cur rtecr ser\ices and oroflrams as a result of this R; P. SlncereIv. Chris Daste Director of Field Ser\ices CD:TL:BAL:cf 5:\FIGLQS\'CS\E>"•�'SP. \�CS'.SOLR d5T_',tT.AACHIS J:FP\7-1=H P.cc Lc,rer.doc •y PRINTED ON RECYCLED PAPER HF&H COnSilltallt$ LLC 10 S,cpfemM,25, 2008 Cihj of Diamond Bar Exhibit D: Client Testimonial Letters Proposal to Provide Solid Waste ContractingAssistance Mayor Neil C. Blais Mayor Pro Tempore Jerry Holloway Council Members L. Anthony Beall Gary Thompson James M. Thor City Manager D. Jamcs Hart. Ph.D. CITY OF RANCHO SANTA MARGARITA May 7, 2004 Mr. Laith Ezzet, Sr. trice President Hilton, Famkopf & Hobson 3990 Westerly Place, Suite 195 Newport Beach, CA 92660-2311 Dear Laith: The City of Rancho Santa Margarita would like to thank you for your professional assistance in helping our City procure exclusive solid waste/recycli.ng services for our residential and commercial constituents. The year-long process was marked with integrity and thoroughness. Even those applicants not awarded the contact spoke highly of the fairness of the process. At the end of the process the City will be passing through savings of approximately $8 million dollars over the 10 -year contract, which is a 27% savings to the residents and businesses of Rancho Santa Margarita. Our City has used your consulting firm for other solid waste services, but the recently concluded and highly complex franchise process was exemplary in its execution. Thank you again. Snncerel}� i antes Hart, Ph.D. City Manager cc: T. Wheeler, City Engineer 30211 Avenida de las Banderas. Suite 101 • Rarcho Santa IJargarita • Caltornia 92686 Phone: (949) 635-1B00 • Fax- (949) 635-1840 • www citydrsm.org HF&H Ctn75111tants, LLC 11 — September 25, 2008 City of Diamond Bar Exhibit D: CtiClIt T(!5fi1-71Z0nJ177 Letters Proposal to Provide Solid Waste Contracting Assistance �m wun Nalywra0 CITY HALL 836) SM7T AhoNSca RIND. WEST HOLL1'1VOOIT. C 4 90069-6216 TEL: 1323)848-6375 Fox: (323) 848-6564 DEPARTMENT OF TRANSPORTATION AND PUBLIC WORKS ¢FS1 +iLLYk'i!S cin of WEST HoUffloo December 1, 2003 Mr, Laith Ezzet, Senior Vice President Hilton, Farnkopf & Hobson 3990 Westerly Place, Suite 195 Newport Beach, CA 92660-2311 Dear Laith: The City of West Hollywood would like to thank you for your professional assistance in helping our city procure exclusive solid waste/recycling services for our residential and commercial constituents. The year-long process was marked with integrity and thoroughness. Even those applicants not awarded the contract spoke highly of the fairness of the process. Our mayor and city council members also commented on the process by which they could easily review pertinent criteria and compare each proposal to match the city's needs. At the end of the process the City will be passing through savings to its constituents of almost $9 million dollars over the 8 year contract. We have increased the recycling services markedly and are embarking on a truly innovative food diversion program. Our City has used your consulting firm for other solid waste services, but the recently concluded and highly complex franchise process was exemplary in its execution. Thank you again. Sincerely, Jan Harmon Environmental Programs Specialist /J.i1 , u moi SFiaron Perlstein City Engineer www.wehaorg sj. HF&H Consultnuts,. LLC P S1,lTt6,Irber2d, 2008 Agenda # 8 . 2 Meeting Date Nov. 18, 2008 CITY COUNCILAGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Manager TITLE: Appointment to the Wildlife Corridor Conservation Authority (WCCA) RECOMMENDATION: Appoint. FINANCIAL SUMMARY: No Fiscal Impact. BACKGROUND: The City is a member of the Governing Board of The Wildlife Corridor Conservation Authority (WCCA) which was established to provide the proper planning, conservation, environmental protection and maintenance of lands within the Puente -Chino Hills corridor area. In addition to the governing board WCCA has a large Advisory Committee that meets separately to provide input of which the City holds two seats. On October 21, 2008 the City Council reappointed Steven Davis to the Advisory Committee for a term of 2 years. At that time the Mayor announced that the City would continue to search for a second member. The City has received two (2) applications for appointment; one from Mr. Rick Rogers and one from Mr. Kevin House. PREPARED BY: a- 4� cLedt-Q Tom ym Cribbins, City Clerk REVIEWED BY: David D e, ss . City Manager RECEIVED oEr,,Jo �q ? AT APPLICATION FOR COMMISSION/COMMITTEE COMPLETE AND SUBMIT TO CITY CLERK'S OFFICE �9P,9 fk COMMISSION/COMMITTEE DESIRED: A,,�_ e-F,,y, NAME: ADDRESS: HOME PHONE: BUSINESSPHONE: OCCUPATION: Are there any evenings you could not meet? Yes No Y If so, please list: Why are you interested in this position? What do you consider to be your major qualifications? P��A ; s� ��� A► ��-�a� REFERENCES: 1. 3 1kr t< i A. rJ 2. 3. Please attach a written statement containing any additional information you feel would be helpful to the City Council. NAME ADDRESS WILDLIFE CORRIDOR CONSERVATION AUTHORITY 570 WEST AVENUE 26. SUITE 100, LOS ANGELES, CALIFORNIA 90065 TELEPHONE` (31 O) 589-3200 FAX: (31 O) 589-2408 ADVISORY COMMITTEE APPLICATION FORM DAYTIME TELEPHONE NUMBER EVENING TELEPHONE NUMBER: FAX NUMBER: E-MAIL ADDRESS: BACKGROUND AND QUALIFICATIONS! � 3 l `'� a - qN7 i 'I�91/6�I—)-oc,'Y PL��S� GENERAL STATEMENT SUPPORTING APPOINTMENT: (OPTIONAL) NOMINATED BY: LETTERS OF RECOMMENDATION ARE ENCOURAGED BUT NOT REQUIRED. Rick Rogers WCCA Advisory Committee Application Education BA, History, University of California, Riverside MBA, Finance Concentration, California State University San Bernardino Employment I am employed by the City of Los Angeles Fire and Police Pension System as an Investment Officer. I am the lead on Domestic Equities and Private Equity. The System administers a $12 billon fund and provides retirement benefits to approximately 20,000 active and retired firefighters and police officers and their beneficiaries. Additional I am an employee -elected member to the seven -member Board of Trustees of the Los Angeles City Employees Retirement System (LACERS), a $9 billion system administering the retirement benefits of approximately 40,000 active and retired City employees and their beneficiaries. The Board oversees the administration of the System through LACERS, which employs a professional and clerical staff of 130 personnel. I am a Board member of the Friends of the Diamond Bar Library, a non-profit, 501(c)3 tax-exempt organization devoted to improving literacy in the community and assisting the Diamond Bar branch of the Los Angeles County Library. I am the co -Chair of the Friends' annual Wine Soiree and Benefit Auction fundraiser, helping to organize an event that draws approximately 400 guests each year. I am a member of the Diamond Bar Breakfast Lions, a branch of the oldest community service organization in the United States, devoted to improving lives in the community with an emphasis upon efforts to combat blindness and improve eyesight. am a Captain in the U.S. Navy Reserve (retired). Rick Rogers i t s r r r *. •.. My wife, family and I have lived in Diamond Bar for several years. Our residence backs onto the old Tres Hermanos Ranch property near Grand Avenue between Diamond Bar and Chino Hills. We treasure the open space we can see from our back yard, and realize that we are fortunate indeed to be able to enjoy such a resource in the midst of such a heavily populated area. However, I am also cognizant of the competing interests and pressures on preservation and development of open spaces. I realize that it takes careful, thoughtful administration and leadership to ensure that such resources are utilized appropriately. I believe my experience in serving with various community organizations has prepared me to work effectively with the other members of the Advisory Committee, the Board and the public. I believe my investment experience has trained me to thoroughly research, analyze and evaluate decisions involving public resources before deciding upon a course of action. Finally, my experience as an elected Board member of a retirement system, charged with making decisions on the investment of a multi -billion dollar retirement fund, has sharpened my appreciation of the responsibilities and complexities involved with managing public resources. I am very interested in serving with the Committee, and appreciate your kind consideration. NAME: ADDRESS WILDLIFE CORRIDOR CONSERVATION AUTHORITY 570 WEST AVENUE 26, SUITE 100, LOS ANGELES, CALIFORNIA. 90065 TELEPHONE: (31 0) 589-3200 FAX: (31 0) 589-2408 ADVISORY COMMITTEE APPLICATION FORM /-atIno,,y a /Y1�/�'G/' 'i� C. �l. cf/f�J' DAYTIME TELEPHONE NUMBER: EVENING TELEPHONE NUMBER FAX NUMBER: E-MAIL ADDRESS' 9U9- 15-9 T- 6��� 9'0 Cl- 2 �-//- 5-,75"S BACKGROUND AND QUALIFICATIONS: !, Ar -e c A me,, --I GENERAL STATEMENT SUPPORTING APPOINTMENT: (OPTIONAL) NOMINATED BY d: �- e e A f /4"',/ /-)-I e,� �s cC41-cl i HF { S f -eve ry-e LETTERS OF RECOMMENDATiON ARE ENCOURAGED BJT NOT REQUIRED. Kevin House Wildlife Corridor Conservation Authority Supplement to Application Background and Qualifications: Background: Employment: Service Technician, 1979-1984 Service Manager, V& T Carbonic, 1984-1991 Owner of Quality Beverage Service, 1991-1998 Los Angeles County Deputy Sheriff, 1998 -2007 Promoted to position of Supervising Line Deputy, 2002 Disability Retired, 9/1/07, Injured while saving a life Notary (current) Community Service: Traffic & Transportation Commissioner, City of D.B. (current) Foster Parents for over 12 years, 21 children Team manager and coach for community sports programs Volunteer at Evergreen Elementary & many community organizations (Qualifications: U.S. Forest Service Permittee (Cabin Owner on National Forest Land) Resident of Los Angeles County for 47 years. Attended many WICCA meetings years ago and I'm familiar with the following relevant agencies along with their goals and objectives:. Santa Monica Mountains Conservancy Hills for Everyone U.S. Forest Service General statement supporting appointment: Throughout my life I've enjoyed serving the community and I have always considered it a privilege to do so. I understand the desire to preserve our lands as we] l as protecting the legal right of property owners to develop their land whether it is for residential, commercial, or public use. I've pride myself in being a thinking "Out of the Box" problem solver. I believe problems are just precursors to solutions. I respect others opinions and will always present myself in a professional manner. I will keep our city officials apprised and up to date on issues pertaining to or having a possible affect on our city. Nominated by: Councilmember Carol Herrera Councilmember Steve Tye Attachments: Letter from Sheriff Baca Sheriff's Commendation Employee Evaluation - last one prior to being injured, (the narrative listed on pages 3-5 details my work ethics and abilities.) Kevin House oPi Oi 1054N E` C (Offir2 of 14e,"64criff �4CIIOBNa M 47IIII lRamnna �Aanlrf arb LEROY D. BAC,A, SHERIFF gantErtV ParA, Tatifornia 91754-2169 December 17, 2007 Deputy Kevin House 2536 Harmony Hill Drive Diamond Bar, California 91765 Dear Kevin: I was sorry to learn of the physical disability that caused your retirement from active service. During your nine years with the Los Angeles County Sheriff's Department, you established a record which reflects a high degree of personal integrity and dedication to duty. I regret the loss of your expertise. As Sheriff of Los Angeles County, I would like to take this opportunity to wish you a most rewarding future. Please remember that you will always be considered a valued member of this Department. My kindest regards. Sincerely, L'EROY D. BACA SHERIFF COUNTY OF LOS ANGELES SHERIFF'S DEPARTMENT REPORT ON PERFORMANCE EVALUATION (DEPUTY SHERIFF) NAME HOUSE, KEVIN TYPE OF EVALUATION: Annual "A" OTHER EMPLOYEE'S RANK/TITLE SUPERVISING LINE DEPUTY - BONUS 1 ITEM NO. 2708A DEPT. 770 EMPLOYEE'S DRIVER'S LICENSE NO. N7916617 DATE JUNE 7, 200 :ROM 03-13-04 TO 03-12-05 EM DIVISION Custody UNIT Men's Central Jail CLASS C EXPIRATION DATE 09-27-07 MAJOR ASSIGNMENTS (SPECIFIC JOB(S)) DURING EVALUATION PERIOD.- HOSPITAL ERIOD:HOSPITAL SUPERVISING LINE DEPUTY (12) MONTHS ( ) MONTHS SUPERVISED BY, AND/OR PROVIDED DOCUMENTED INPUT TO EVALUATION: SERGEANT NORM WILLIAMS LIEUTENANT JAIME BALTAZAR LIEUTENANT JOE GOODEN SERGEANT MIKE YOUNG ( ) MONTHS ( ) MONTHS ( ) MONTHS OVERALL EVALUATION UNSATISFACTORY IMPROVEMENT NEEDED COMPETENT VERY GOOD OUTSTANDING X NAME AND SIGNATURES OF REPORTING OFFICERS: THIS REPORT IS BASED ON OBSERVATION ANDIOR KNOWLEDGE. IT REPRESENTS MY BEST JUDGMENT OF THE EMPLOYEE'S PERFORMANCE. RATER: NORM WILLIAMS, SERGEANT PRINT PE N/aME/JOB TITLE 11 ` 'v DATE SIGNATUR I HAVE REVIEWED THIS REPORT REVIEWER O N CLAR C PTAIN %1 Pr Y E NAME/JOB TITL DATE j SIGNATU E ! r I CONCUR IN AND APPROV IS REPORT. DEPT.HEAD '� -'� �✓"/ / DATE v (OR AUTHORIZI D/REPRESENTATIVE) Ti7 7 PERD UNIT EPETS COMPLETED SH-AD-490REV.03/04 SH SUCCESSFUL COMPLETION OF PATROL DEPUTY TRAINING PROGRAM: DATE: SUCCESSFUL COMPLETION Of CUSTODY DEPUTY TRAINING PROGRAM.- DATE:— COPY ATE:— COPY OF REPORT VEN EMPLOYEE: EMPLOYEE'S SIGNATURE ATE COPY OF REPORT MAILED TO EMPLOYEE: ADDRESS DATE REPORT D US D IT EMPLOYEE: BY: DATE THIS REPORT Hf,A BEE ISCUSSED WITH ME: EMPLOYEE'S 7 SIGNATURE �' DATA DEPT EPETS COMPLETED SHERIFF'S DEPARTMENT -COUNTY OF LOS ANGELES NAME HOUSE, KEVIN DATE JUNE 7, 2005 RATE EACH OUTSTANDING FACTOR VERY GOOD COMPETENT IMPROVEMENT NEEDE UNSATISFACTORY-I QUANTITY ❑ ❑ ❑ ❑ AMOUNT OF WORK PERFORMED -._ _ 1:11:1 ❑ ❑ COMPLETION OF WORK ON SCHEDULE 1:1111:1 ❑ QUALITY 1:113 ❑ ❑ El ACCURACY - ❑ ❑ ❑ ❑ NEATNESS OF WORK PRODUCT __ ❑ ❑ ❑ ❑ THOROUGHNESS_ _- --.- --- _ - ❑ ❑ ❑ ❑ ORAL EXPRESSION _ _ _ _ _ _ _ _ --- _ - - ❑ ❑ [:]E] IN WRITTEN EXPRESSION ___.. - ❑ ❑ 1:10 WORK HABITS 111111110 OBSERVANCE OF WORKING HOURS -- ❑ ❑ ❑ ❑ ATTENDANCE - ❑ ❑ ❑ ❑ OBSERVANCE OF RULES AND ❑ ❑ ❑ ❑ ❑ REGULATIONS. --- - ❑ [-]OF OBSERVANCE OF SAFETY RULES-_____ ❑ ❑ ❑ ❑ ORDERLINESS IN WORK_- _ __ _ __ ❑ ❑ ❑ ❑ COMPLIANCE WITH WORK ❑ ❑ ❑ ❑ INSTRUCTIONS - - ❑ ❑ ❑ ❑ APPLICATION TO DUTIES_ ___.. _ ❑ ❑ ❑ ❑ POSSESSION, USE, AND MAINTENANCE n n 71 n n OF WORK EQUIPMENT--_-- ____ _ ❑ ❑ ❑ ❑ PERSONAL RELATIONS ❑ ❑ ❑ ❑ GETTING ALONG WITH FELLOW EMPLOYEES _ _ _ ❑ ❑ ❑ ❑ MEETING AND HANDLING THE PUBLIC _ ❑ ❑ ❑ ❑ PERSONAL APPEARANCE _ _ ❑ ❑ ❑ ❑ ADAPTABILITY ❑ ❑ 111:1 PERFORMANCE IN NEW SITUATIONS_ _ _ 1:11:11:1 ❑ PERFORMANCE IN EMERGENCIES _ _ 1:1110 ❑ PERFORMANCE WITH MINIMUM INSTRUCTIONS ❑ ❑ 1:11:1 OTHER INITIATIVE ❑ ❑ ❑ ❑ ol SUPERVISORY ABILITY (SUPERVISORS)❑ ❑ E] E3 ONLY PLANNING AND ASSIGNING ❑ ❑ ❑ ❑ TRAINING AND INSTRUCTING ❑ ❑ ❑ ❑ DISCIPLINARY CONTROL ❑ ❑ ❑ ❑ ❑ EVALUATING PERFORMANCE ❑ ❑ ❑ ❑ ❑ LEADERSHIP ❑ ❑ ❑ ❑ MAKING DECISIONS ❑ 1:11:1 ❑ FAIRNESS AND IMPARTIALITY ❑ ❑ ❑ ❑ APPROACHABILITY ❑ ❑ ❑ ❑ MAINTAINING AN EFFECTIVE SAFETY PROGRAM ❑ ❑ ❑ ❑ AFFIRMATIVE ACTION n n 71 n n NARRATIVE SEE PAGE 3 REPORT ON PERFORMANCE EVALUATION JUNE 7, 2005 SUPERVISING LINE DEPUTY HOUSE, KEVIN #449755 CUSTODY DIVISION/MEN'S CENTRAL JAIL RATING PERIOD: 03-13-04 TO 03-12-05 During this rating period, Supervising Line Deputy House has been assigned to Men's Central Jail on the early morning shift. He continues to lead the deputies and custody assistants as the Supervising Line Deputy for the hospital, 1700/1750 and basement kitchen. His area of responsibility is very demanding and is among the most sensitive at the jail. His exemplary performance and exceptional personal skills in all aspects of his duties have earned him an overall rating of outstanding, and serves as an example for his peers to follow. Supervising Line Deputy House's job knowledge, confidence and abilities enable him to speak to his peers and supervisors in an intelligent manner. He performs his tasks in an energetic, orderly manner exhibiting a positive and professional attitude in everything he does. He is the prime example of a team -player, displaying a strong work ethic. He is well-respected by both his peers and supervisors and consistently works with a minimum of supervision. He continually uses his common sense and sound judgment in his daily interactions with Department personnel, medical staff and the inmates. His ability to deal with inmates in regards to their needs and welfare is exceptional. And if a problem is found, he handles it to conclusion. He is articulate both in his oral and written skills. His work -product is exceptionally neat and very accurate, seldom requiring any changes. His proactive nature allows him to identify potential problems and deal with them quickly and efficiently. Because of his maturity, Supervising Line Deputy House can be counted on to maintain a professional demeanor in the most challenging times. He is the type of individual who will assist other deputies without being asked. His strong knowledge of the facility makes him a valuable resource both to his fellow deputies and the supervisors for whom he works. He is forthright and decisive when making decisions and has a fair but firm demeanor. Supervising Line Deputy House completes his assignments in a timely and thorough manner. He has an exceptional working knowledge of the Department's policies and procedures as well as those of Men's Central Jail. Whenever we have an emergency situation, I can always count on Supervising Line Deputy House to take charge whenever a higher-ranking supervisor is not present, or to assist me in whatever I need. As an example, on May 19, 2004, Supervising Line Deputy House was commended by Captain Ray Leyva when two inmates on the 7000 floor attempted to escape with outside assistance. The inmates were able to break the window to their cell and bring in numerous tools, including a Tech -9 firearm. Supervising Line Deputy House was commended for his exemplary performance in a tense and hostile event which culminated in the safe conclusion to a very volatile situation. Because of his involvement, Supervising Line Deputy House was awarded REPORT ON PERFORMANCE EVALUATION JUNE 7, 2005 SUPERVISING LINE DEPUTY HOUSE, KEVIN #449755 CUSTODY DIVISIONIMEN'S CENTRAL JAIL RATING PERIOD: 03-13-04 TO 03-12-05 the Sheriff's Commendation Award, by Sheriff Baca, for his quick response and assessment of a highly dangerous situation and decisive actions which prevented the escape of two hardened criminals. Supervising Line Deputy House knowingly entered a volatile situation to assist his partners. His actions possibly saved the lives of several deputies. Sheriff Baca said that his response to this incident was a shining example of his commitment to the Department's Mission and Core Values. Supervising Line Deputy House also wrote an extensive response to the Inmate Escape Review Report which he was commended for by Lieutenant Jamie Baltazar. During this rating period, Supervising Line Deputy House was confronted several times with hostile, uncooperative and mentally ill inmates in the hospital and High Power areas. He quickly isolated the problem and notified his immediate supervisor. His quick response usually defused a potentially volatile situation, which typically allowed the incident to be handled without force. His interpersonal skills are excellent in dealing with difficult and confrontational individuals. His ability to think quickly enables him to handle minor problems before they become a major situation. Dedication to duty and a willingness to constantly improve his job knowledge is an attribute exhibited by Supervising Line Deputy House. His job assignment requires an individual with maturity and sound judgment, both of which he possesses. Supervising Line Deputy House is a punctual employee who is a hard worker and a pleasure to supervise. His dedication to the Department's Mission Statement is evident in all of his daily actions. As another example of this, Supervising Line Deputy House has received numerous commendations throughout the year, three of which were from me. Two were for locating difficult miss -out inmates and one for conducting frequent training with his personnel which resulted in highly complementary remarks by the Custody Division Command Inspection Team. . Supervising Line Deputy House is a true team player. He has an outstanding rapport with his supervisors, peers, and subordinates. He is professional, and is an excellent role model for younger deputies assigned to this facility. The quality of Supervising Line Deputy House's work places him well above his peers at this assignment. His normal work duties are always completed on time. His communication skills are excellent, leaving no doubt as to what needs to be done. His willingness to help his subordinates in obstacles such as report writing, officer safety and policy issues emphasizes his dedication to his duties as a supervisor. Supervising Line Deputy House looks for ways to improve his area of responsibility and makes suggestions to cause a change. He seems to go out of his way to assist 11 REPORT ON PERFORMANCE EVALUATION JUNE 7, 2005 SUPERVISING LINE DEPUTY HOUSE, KEVIN #449755 CUSTODY DIVISION/MEN'S CENTRAL JAIL RATING PERIOD: 03-13-04 TO 03-12-05 supervisors in finding solutions to identified problems or tasks. As an example of this, Supervising Line Deputy House prepared an extensive response regarding security questions posed by our Operations. He also submitted memos relating to housing locations for mental observation inmates in order to reduce inmate suicides and attempts. His additional commendations were for his input regarding court medications; security gates for the hospital; raising morale among deputies; transporting inmates out of security who are going to the medical center; preparing samples, photos and analysis of pruno in order to reduce or eliminate the manufacture of pruno; placement of security cameras in day rooms; security regarding work release inmates; and, uniform design for discipline inmates. As a matter of fact, Supervising Line Deputy House was appointed by Commander Yim to establish new procedures for uniforms worn by inmates serving discipline time. This new Custody Directive went into effect as of February 2005. As you can see, Supervising Line Deputy House is very involved in the daily operations of the facility and the security of the inmates. Supervising Line Deputy House recently applied, tested, and is a candidate for promotion to Sergeant. His results were the highest from those who tested at Men's Central Jail. As a supervisor, Supervising Line Deputy House is well aware of the resources available to him on an everyday basis and in emergent situations. He has never failed to take charge of any situation and constantly demonstrates outstanding decision making ability with a great deal of job related common sense. Supervising Line Deputy House allows time for training, counseling, supervision and any additional areas that need to be addressed. He is a consistently outstanding performer which has become his normal routine. Supervising Line Deputy House is an excellent example of this Department's commitment to excellence. He is a definite asset to Men's Central Jail and the Sheriff's Department. I personally wish to thank Supervising Line Deputy House for his assistance and his outstanding service to the Department and to this Unit throughout the year. Supervising Line Deputy House's Employee Profile Report from the Personnel Performance Index, for the rating period, was jointly reviewed during the discussion phase of the evaluation process. A copy of the Employee Profile Report was provided to him. The performance profile process and its purpose, according to Department policy, were explained. The Department's Policy of Equality issues and compliance were also discussed. Tete' Los Ate County S COMMME,INU,�ttiNixs SENIOR DEPUTY KEVIN HOUSE 1-()t- v-((nt ylllCk I-01) 11SC, a,uc1lliellt Of a hi��hh� ciir��cf��.ra�� �itf-►.lt�i�,►� and �iccisi��c actions, c«u arc 10 1-w c(imnlcndcd for pio., cutintr,; tilt capc ((t _�,v(� hardy f ;i criminals. Yi)ii l:nemt ig rnterecl a t'ttlaulc >Itll,lilt?ll t(? ati';itiC V01117 i\al"nils X"d \t)lil' aCti(>ns 4 `tiSllllV' ti'1V'ed CIIC llt'es Of �cV'cl'ai Ot 1'011l' t:'llOyy' dCl)tlticti. 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This document is a public record subject to disclosure under the Public Records Act. 9 \.sem VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: p - P*0 0 rn Vie DATE: ADDRESS:�b l` 14e fes— PHONE: 22— 2,V6 4`2-F-1 1 C, 9 ORGANIZATION: AGENDA#/SUBJECT: 11,11ir'�--r�--'� I expect to address the Council on the subject agenda/subject item. Please have the Council Minutes reflect my name and address as written above. �f Signature This document is a public record subject to disclosure under the Public Records Act. DIAMOND BAR VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: ADDRESS: ORGANIZATION: AGENDA#/SUBJECT: 'DA-v<� ��or- e - Z DATE: 1 ( - I k - 04- 1 (Z b Q r'k" 4\"c PHONE: 5'7,Y6 3---) I expect to address the Council on the subject agenda/subject item. Please have the Council Minutes reflect my name and address as written above. Signature This document is a public record subject to disclosure under the Public Records Act. 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