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HomeMy WebLinkAbout121515 - Agenda - Regular Meeting"1ctnwnu City Council Agenda Tuesday, December 15, 2015 6:00 p.m. - Closed Session - Room CC -8 6:30p.m. - Regular Meeting The Government Center South Coast Air Quality Management District/ Main Auditorium 21865 Copley Drive, Diamond Bar, CA 91765 Nancy A. Lyons Jimmy Lin Mayor Mayor Pro Tem Carol Herrera Ruth M. Low Steve Tye Council Member Council Member Council Member City Manager James DeStefano • City Attorney David DeBerry • City Clerk Tommye Cribbins Copies of staff reports or other written documentation relating to agenda items are on file in the Office of the City Clerk, and are available for public inspection. If requested, the agenda will be made available in an alternative format to a person with disability as required by Section 202 of the Americans with Disabilities Act of 1990. If you have questions regarding an agenda item, please contact the City Clerk at (909) 839-7010 during regular business hours. In an effort to comply with the requirements of Title II of the Americans with Disabilities Act of 1990, the City of Diamond Bar requires that any person in need of any type of special equipment, assistance or accommodation(s) in order to communicate at a City public meeting, must inform the City Clerk a minimum of 72 hours prior to the scheduled meeting. Have online access? City Council Agendas are now available on the City of Diamond Bar's web site at www.CityofD!amondBar.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. CITY OF DIAMOND BAR CITY COUNCIL AGENDA December 15, 2015 Next Resolution No. 2015-42 Next Ordinance No. 06 (2015) CLOSED SESSION: 6:00 p.m., Room CC -8 Public Comments on Closed Session Agenda ► Government Code Sections 54957 and 54957.6 Public Employee Performance Evaluation — Title: City Manager Conference with labor Negotiator— Unrepresented Employee: City Manager Will IMteZelV914Z4 PLEDGE OF ALLEGIANCE: INVOCATION: ROLL CALL: APPROVAL OF AGENDA: 6:30 p.m. Mayor Cantor Paul Buch, Temple Beth Israel Council Members Herrera, Low, Tye, Mayor Pro Tem Lin, Mayor Lyons Mayor 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 Presentation of City Tile to Lt. Anthony Tachias upon his retirement from Los Angeles County Sheriff's Department serving 32 years. Written materials distributed to the City Council within 72 hours of the City Council meeting are available for public inspection immediately upon distribution in the City Clerk's Office at 21810 Copley Dr., Diamond Bar, California, during normal business hours. DECEMBER 15, 2015 PAGE 2 1.2 Presentation by the Los Angeles County Public Works: "EI Nino Preparedness". 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: 3. PUBLIC COMMENTS: "Public Comments" is the time reserved on each regular meeting agenda to provide an opportunity for members of the public to directly address the Council on Consent Calendar items or matters of interest to the public that are not already scheduled for consideration on this agenda. Although the City Council values your comments, pursuant to the Brown Act, the Council generally cannot take any action on items not listed on the posted agenda. Please complete a Speaker's Card and give it to the City Clerk (completion of this form is voluntary). There is a five-minute maximum time limit when addressing the City Council. 4. RESPONSE TO PUBLIC COMMENT: Under the Brown Act, members of the City Council may briefly respond to public comments but no extended discussion and no action on such matters may take place. 5. SCHEDULE OF FUTURE EVENTS: 5.1 Holiday Diamond Ride — November 27, 2015 through January 1, 2016 — Free shuttle service to and from Diamond Bar Shopping Centers. 5.2 Planning Commission Meeting — December 22, 2015 — Cancelled. 5.3 Parks and Recreation Commission Meeting — December 24, 2015 - Cancelled. 5.4 Christmas Holiday — December 24 and 25, 2015 - City Offices will be closed in observance of the Christmas Holiday. City Offices will re -open Monday, December 28, 2015 at 7:30 a.m. 5.5 Holiday Tree Curbside Collection Program — December 26, 2015 through January 8, 2016. Trees free of decorations and flocking may be left at the curb for free pickup during this period. Any tree over 6 ft. must be cut in half. 5.6 New Year's Holiday — January 1, 2016 — City Offices will be closed Friday, January 1, 2016 in observance of New Year's Day. City Offices will re- open Monday, January 4, 2016 at 7:30 a.m. 5.7 City Council Meeting — January 5, 2016 — 6:30 p.m. AQMD/Government Center Auditorium, 21865 Copley Drive. DECEMBER 15, 2015 PAGE 3 5.8 Planning Commission Meeting — January 12, 2016 — 7:00 p.m., Windmill Community Room, 21810 Copley Drive. 5.9 Traffic and Transportation Commission Meeting - January 14, 2016 - 7:00 p.m., Windmill Community Room, 21810 Copley Drive. 5.10 Winter Snow Fest —January 16, 2016 — 9:00 a.m. — 3:00 p.m. — Pantera Park, 738 Pantera Drive. 5.11 City Council Meeting —January 19, 2016-6:30 p.m. — AQMD/ Government Center Auditorium, 21865 Copley Drive. 6. CONSENT CALENDAR: 6.1 City Council Minutes — Regular Meeting of December 1, 2015. Recommended Action: Approve. Requested by: City Clerk 6.2 Planning Commission Minutes — Regular Meeting Minutes of October 27, 2015. Recommended Action: Receive and File. Requested by: Community Development Department 6.3 Ratification of Check Register — Dated November 26, 2015 through December 9, 2015 totaling $421,068.45. Recommended Action: Ratify. Requested by: Finance Department 6.4 Approval of Adjourning the December 15, 2015 City Council Meeting to January 19, 2016. Recommended Action: Approve. Requested by: City Manager DECEMBER 15, 2015 PAGE 4 6.5 Adopt Resolution No. 2015 -XX: Approving the Application for $267,500 of Land and Water Conservation Fund Grant, which if Awarded, Requires a $267,500 Match from the City, for the Development of the Canyon Loop Trail. Recommended Action: Adopt. Requested by: Community Services Department 6.6 Acceptance of Work Performed by Valleycrest Landscape Maintenance to Remove Turf from the Medians Along Diamond Bar Boulevard and Replace it with Drought Tolerant Planting Material and Mulch, Plus Retro -Fit the Irrigation System as Necessary to Meet State Water Board Requirements; Direct the City Clerk to Fill the Proper Notice of Completion and Release the Retention Thirty -Five Days after the Recordation Date. Recommended Action: Accept, Direct and Release. Requested by: Community Services Department 6.7 Approve Funding Agreement with Los Angeles County Metropolitan Transportation Authority to Secure Grant Funds in the Amount of $1,406,860 for the Diamond Bar Adaptive Traffic Control System Project. Recommended Action: Approve. Requested by: Public Works Department 6.8 Adopt Resolution No. 2015 -XX: Amending the City of Diamond Bar Compensation Plan. Recommended Action: Adopt. Requested by: City Attorney 6.9 Amended and Restated City Manager Employment Agreement. Recommended Action: Approve. Requested by: City Council City Manager Evaluation Committee DECEMBER 15, 2015 PAGE 5 6.10 Adopt Resolution No. 2015 -XX: Authorizing the City Manager to Enter into a Five Year Administrative Services Agreement with ICMA- RC for 457 Deferred Compensation Plan Services. Recommended Action: Adopt. Requested by: Finance Department 6.11 Approve Contract Amendment No. Ito the Consulting Services Agreement with Tait & Associates for Construction Administration Services for Ronald Reagan Park and Carlton Peterson Park Parking Lots Rehabilitation Project, in the Amount of $40,000. Recommended Action: Approve. Requested by: Public Works Department 7. PUBLIC HEARINGS: 6:45 p.m., or as soon thereafter as matters may be heard. 7.1 Public Hearing — Adopt Resolution No. 2015 -XX: Approving the Community Development Block Grant Program Allocation Including $198,757 in Fiscal Year 2016-17 Funds and $72,709 from Unallocated Balance of Funds for the Total Amount of $271,466. Recommended Action: Receive Staff Report; Open Public Hearing; Receive Testimony; Close Public Hearing, Discuss and Adopt. Requested by: Community Development Department 7.2 (a) Adopt Urgency Ordinance No. OX (2015): Amending Title 8, Chapter 8.14 of the Diamond Bar Municipal Code Relating to Water Efficient Landscaping. (b) Adopt Resolution No. 2015 -XX: Adopting the Guidelines for Implementation of the City of Diamond Bar Water Efficient Landscape Ordinance. Recommended Action: Receive Staff Report; Open Public Hearing; Receive Testimony; Close Public Hearing, Discuss and Adopt. Requested by: Community Development Department DECEMBER 15, 2015 PAGE 6 8. COUNCIL CONSIDERATION: 8.1 Ratify City Council Committee Appointments and Adopt Resolution No. 2015 -XX: Confirming the Appointment of Specific Representatives to the San Gabriel Valley Council of Governments. Recommended Action: Ratify and Adopt. Requested by: Mayor Lyons 8.2 Adopt Resolution No. 2015 -XX: Authorizing the City Manager to Enter into an Agreement for Other Post Employment Benefits (OPEB) Trust Administration and Investment Management Services with California Public Employees Retirement System (CaIPERS) and Approve Delegation of Authority to Request Disbursements for Qualified OPEB Expenses. Recommended Action: Adopt. Requested by: Finance Department 9. COUNCIL SUB -COMMITTEE REPORTS AND MEETING ATTENDANCE REPORTS/COUNCIL MEMBER COMMENTS: 10. ADJOURNMENT: Agenda No. 6.1 MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR @91TY DECEMBER 1, 2015 CALL TO ORDER: Mayor Tye called the Regular City Council Meeting to order at 6:30 p.m. in the South Coast Air Quality Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar, CA. PLEDGE OF ALLEGIANCE: Board Member, Ed Hilden, with the Walnut Valley Water District led the Pledge of Allegiance. INVOCATION: Pastor Bob Stebe, Northminster Presbyterian Church, provided the invocation. ROLL CALL: Council Members Herrera, Lin, Tanaka, Mayor Pro Tem Lyons and Mayor Tye. Staff Present: James DeStefano, City Manager; David DeBerry, City Attorney; Ryan McLean, Deputy City Manager; Ken Desforges, IS Director; David Liu, Public Works Director; Bob Rose, Community Services Director; Dianna Honeywell, Finance Director; Greg Gubman, Community Development Director; Amy Haug, Human Resources Manager; Marsha Roa, Public Information Manager; Kimberly Young, Senior Civil Engineer; Anthony Santos, Senior Management Analyst; J.R. Ybarra, Media Specialist, and Tommye Cribbins, City Clerk. APPROVAL OF AGENDA: As presented. POST ELECTION PROCEDURES: 1. ADOPT RESOLUTION NO. 2015-40: RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 3, 2015, DECLARING THE RESULT AND SUCH OTHER MATTERS AS PROVIDED BY LAW. CC/Cribbins reported that on November 3, 2015, the City of Diamond Bar held a General Municipal Election for two City Council vacancies. With the exception of the nomination of candidates, the County of Los Angeles Registrar Recorder County Clerks' Office administered all aspects of the election. On November 23, 2015, Registrar Recorder County Clerk Dean Logan certified the results confirming that Ruth Low and Carol Herrera were duly elected to serve four-year terms. With the adoption of Resolution No. 2015-40 the City Council will ratify the certified results by the County Clerk, completing the election. DECEMBER 1. 2015 PAGE 2 CITY COUNCIL 3 2. C/Herrera moved, MPT/Lyons seconded to Adopt Resolution No. 2015-40: Reciting the fact of the General Municipal Election held on November 3, 2015, declaring the result and such other matters as provided by law. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Herrera, Lin, Tanaka, MPT/Lyons, M/Tye NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None PRESENTATIONS TO OUTGOING COUNCIL MEMBER JACK TANAKA: a) Sam Olivito, Executive Director for the California Contract Cities Association presented C/Tanaka with a Certificate. b) Mayor Tye and City Council Members presented C/Tanaka with a clock and thanked him for his service to the Community. ADMINISTRATION OF OATH OF OFFICE: a) Former Congressman Gary Miller administered the Oath of Office to Carol Herrera. b) Rick Rogers administered the Oath of Office to Ruth Low. CITY COUNCIL REORGANIZATION: 1 Q 3. SELECTION OF MAYOR: C/Tye nominated and C/Herrera seconded the motion nominating MPT/Lyons to serve as Mayor. With no other nominations offered, MPT/Lyons was declared Mayor by acclamation. SELECTION OF MAYOR PRO TEM: C/Herrera nominated and C/Tye seconded the motion nominating C/Lin to serve as Mayor Pro Tem. With no other nominations offered, C/Lin was declared Mayor Pro Tem by acclamation. Presentations to Outgoing Mayor Steve Tye - M/Lyons and Council presented a ceremonial gavel to outgoing Mayor Tye. M/Lyons also presented C/Tye with a personalized Bobblehead. DECEMBER 1, 2015 PAGE 3 CITY COUNCIL RECESS/RECEPTION: M/Lyons recessed the City Council meeting at 6:50 p.m. RECONVENE: M/Lyons reconvened the City Council meeting at 7:15 p.m. 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 Presentation of City Tile to Lt. Anthony Tachias - (Continued to December 15, 2015). 2, CITY MANAGER REPORTS AND RECOMMENDATIONS: CM/DeStefano announced that the loss of Haggen's has created an opportunity at the former Von's store for a new grocery store, Smart & Final Extra is anticipating opening late January/early February. CM/DeStefano then announced that the library is doing extraordinarily well. Recently, the City received a report from the County Librarian who indicated that the Diamond Bar Library is second out of all 86 libraries within the system in circulation with 460,000 volumes moving in and out of the library each year. Additionally, the Diamond Bar Library ranks 8th in total monthly patronage with a gate count of over 22,000 visitors per month. 3. PUBLIC COMMENTS: Pui-Ching Ho, Diamond Bar Library, spoke about library programs including a Flashlight -Building workshop on Monday, December 7 at 4:30 p.m. for elementary school age children; Delicious Holiday Art (edible holiday ornaments) workshop on Saturday, December 5 at 10:00 a.m.; Saturday, December 12 at 2:00 p.m. floral artist Ray Tucker will demonstrate how to make holiday centerpieces sponsored by the Diamond Bar Friends of the Library. For additional information and programs check the website at www.colapublib.org. Allen Wilson congratulated C/Low and C/Herrera and said he looked forward to their leadership. He then reported that a couple of weeks ago he walked around Sycamore Canyon Park and encouraged everyone to walk the mesa area, learn about its history and enjoy the views. He asked for more restaurants in Diamond Bar. RESPONSE TO PUBLIC COMMENTS: CM/DeStefano thanked Mr. Wilson for his comments about the parks and trails systems. The City Council has invested significant dollars over the years to improve the trails system which has become a Diamond Bar signature. With respect to restaurants, yes, it is true that the City lost the Ranch House, Coco's, Bob's and Denny's. There are a variety of new people looking at those restaurants and gearing up for opening in those locations. The Sizzler which became East 180 is now ready to open a Japanese fusion -style restaurant. DECEMBER 1, 2015 PAGE 4 CITY COUNCIL 0 Coco's is being remodeled to open as a seafood restaurant. The Ranch House restaurant has been leased to the operator of the market and fresh foods store immediately adjacent who is ready to open the Jasmine (Mediterranean organic) restaurant. All of these operators have spent significant dollars on those properties. Bob's Big Boy closed after 30 plus years of business in Diamond Bar. The restaurant operator chose not to exercise the final five years of his lease - option. As was done with the impending departure of Haggen, the City is reaching out to restaurant operators who may be interested in that building or property. There is also the possibility that the restaurant could be torn down and a new land use created at some point. In the meantime, the City is working with the owner for new tenants to fill that space. In addition, a revamped Kmart site is likely to include a new palate of menu choices for the city. The City also provides a restaurant guide that is available online, at businesses throughout the City as well as, mailed to all property owners every couple of years which contains approximately 100 to 110 restaurants available in the City. SCHEDULE OF FUTURE EVENTS: 5.1 Holiday Diamond Ride — November 27, 2015 through January 1, 2016 — Free Shuttle Service to and from Diamond Bar Shopping Centers — for individuals 18 years and older. 5.2 Candy Cane Craft Fair — December 5, 2015 — 9:00 a.m. to 2:00 p.m., Diamond Bar Center. 1600 Grand Avenue. 5.3 Planning Commission Meeting — December 8, 2015 — 7:00 p.m., Windmill Community Room, 21810 Copley Drive. 5.4 Traffic and Transportation Commission Meeting — December 10, 2015 — 7:00 p.m., Windmill Community Room, 21810 Copley Drive. 5.5 City Council Meeting — December 15, 2015 — 6:30 p.m., AQMD Government Center Auditorium, 21865 Copley Drive. 6. CONSENT CALENDAR: C/Tye moved, C/Herrera seconded, to approve the Consent Calendar with the exception of Item 6.4 pulled by MPT/Lin. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Herrera, Low, Tye, MPT/Lin, M/Lyons NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 6.1 APPROVED CITY COUNCIL MINUTES — Regular Meeting of November 17, 2015 —As amended. 6.2 RATIFIED CHECK REGISTER — Dated November 12, 2015 through November 25, 2015 totaling $1,768,441.91. DECEMBER 1, 2015 PAGE 5 CITY COUNCIL 6.3 APPROVED TREASURER'S STATEMENT — for the month of October 2015. 6.5 APPROVED NOTICE OF COMPLETION FOR THE AREA 3 (BOUNDED BY PATHFINDER ROAD/CITY LIMIT TO THE WEST, DIAMOND BAR BOULEVARD TO THE EAST AND CITY LIMIT TO THE SOUTH) RESIDENTIAL AND COLLECTOR ROAD REHABILITATION PROJECT. ITEMS REMOVED FROM CONSENT CALENDAR: 6.4 ADOPT RESOLUTION NO. 2015-41: AUTHORIZING THE PARTICIPATION IN THE U.S. COMMUNITIES GOVERNMENT PURCHASING ALLIANCE TO PURCHASE PARK, LLAD'S AND ROAD MAINTENANCE SUPPLIES FROM HD SUPPLY — WHITE CAP DURING FY 2015-16. C/Lin recalled that two months ago the City Council approved the same ordinance with the same entities for supplies, etc. and asked why both items were not lumped together as one resolution so that this action does not have to be taken whenever a purchase comes up for consideration. CM/DeStefano responded that this was done a couple of Council Meetings ago and that the Finance Department is looking at the possibility of lumping additional vendors within the same format. C/Lin asked if the Council would need to take this action whenever a purchase order exceeds $2500. CM/DeStefano responded "not necessarily." There are rules in place for the purchase of goods and services and this seemed to make the most sense for this particular vendor to keep the process moving forward for the remainder of this fiscal year. MPT/Lin moved, C/Tye seconded, to Adopt Resolution No. 2015-41: Authorizing Participation in the U.S. Communities Government Purchasing Alliance to Purchase Park, LLAD's and Road Maintenance Supplies from HD Supply — White Cap during FY 2015-16. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Herrera, Low, Tye, MPT/Lin, M/Lyons NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None DECEMBER 1, 2015 PAGE 6 CITY COUNCIL 7. PUBLIC HEARINGS: 7.1 ADOPT ORDINANCE NO. 05(2015): EXTENDING ORDINANCE NO. 02 (2015) PROHIBITING THE ISSUANCE OF LAND USE PERMITS, BUSINESS LICENSES FOR ESTABLISHMENTS, AND EXPANSION OR RELOCATION OF MASSAGE ESTABLISHMENTS CITYWIDE IN ACCORDANCE WITH THE PROVISIONS OF GOVERNMENT CODE SECTION 65858. CM/DeStefano stated that adoption of this ordinance extends Ordinance No. 02 (2015) prohibiting the issuance of land use permits, business licenses for establishments, and expansion or relocation of massage establishments citywide in accordance with the provisions of Government Code Section 65858. CDD/Gubman presented staff's report stating that at the beginning of this year, Assembly Bill 1147 went into effect, which among other things restored significant local authority in the regulation of massage businesses. The City Council concurrently adopted an interim ordinance placing a moratorium on the establishment, expansion or relocation of massage businesses in order to allow staff time to develop new regulations consistent with AB 1147. The moratorium is set to expire on January 4, 2016. Staff is well underway in drafting new standards for the operation of massage establishments in the City but requires additional time to complete the new ordinance and schedule public hearings for consideration by the Planning Commission and City Council. Government Code Section 65858 authorizes the City Council to extend the Urgency Ordinance for one additional year at a noticed public hearing. If adopted, the moratorium will be set to expire on January 4, 2017 or upon adoption of the new ordinance, whichever occurs first. At this time, staff recommends that the City Council extend the moratorium as permitted by law. M/Lyons opened the Public Hearing. With no one present who wished to speak on this matter, M/Lyons closed the Public Hearing. C/Tye moved, C/Herrera seconded, to Adopt Ordinance No. 05 (2015): extending Ordinance No. 02 (2015) prohibiting the issuance of Land Use Permits, Business Licenses for Establishments, and Expansion or Relocation of Massage Establishments Citywide, in accordance with the provisions of Government Code Section 65858. Motion carried by the following Roll Call vote: DECEMBER 1, 2015 PAGE 7 CITY COUNCIL AYES: COUNCIL MEMBERS: Herrera, Low, Tye, MPT/Lin, M/Lyons NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None COUNCIL CONSIDERATION: 8.1 APPOINTMENT TO THE TRAFFIC AND TRANSPORTATION COMMISSION TO FILL THE UNEXPIRED TERM OF TED CARRERA. MPT/Lin recommended appointment of Professor Shokoufeh Mirzaei to the Traffic and Transportation Commission to fill the unexpired term of Ted Carrera. MPT/Lin moved, C/Low seconded, to ratify the appointment of Shokoufeh Mirzaei to the Traffic and Transportation Commission to fill the unexpired term of Ted Carrera. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Herrera, Low, Tye, MPT/Lin, M/Lyons NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None MPT/Lin introduced Shokoufeh Mirzaei who acknowledged her appointment and spoke about her background and intention to contribute to the community. RECESS: M/Lyons recessed the City Council meeting to the annual Public Financing Authority meeting at 7:38 p.m. RECONVENE: M/Lyons reconvened the City Council meeting at 7:43 p.m. 9. COUNCIL SUBCOMMITTEE REPORTS AND MEETING ATTENDANCE REPORTS/COUNCIL MEMBER COMMENTS: C/Herrera congratulated C/Low on her election and said it will be a pleasure serving with her. She thanked outgoing C/Tanaka who worked tirelessly with the youth of the community. He will be missed by residents and youth. She thanked former Congressman Gary Miller for attending tonight's meeting and swearing her in which he did 20 years ago when she was on the good side of a tie vote. She thanked supporters who supported her once again and re-elected her to another four-year term. She is very grateful for their confidence and she pledged to do a good job in working for the city. She attended a Legislative Power Luncheon during which former Mayor Tye spoke. Also in attendance were Mayor Bob Pacheco from the City of Walnut, Senator Bob Huff, Congressman Ed Royce who spoke and Supervisor Don Knabe. The luncheon was a great event sponsored by the Chamber of Commerce with many in attendance. DECEMBER 1, 2015 PAGE 8 CITY COUNCIL C/Low thanked her colleagues for the warm welcome extended to her which she truly appreciates. She congratulated C/Herrera on her re-election and said she is very excited to serve on the City Council and very grateful for the support of the community. There is a lot to learn and she is up for the challenge. She thanked her colleagues and staff for their patience and assistance. Special note of thanks to CM/DeStefano and his staff for their assistance. Staff are cheerful, welcoming and professional. She is deeply honored to be serving on the City Council and thanked everyone for their faith, confidence and support. She said she really believed Diamond Bar's greatest asset is its citizens, an example of which is the newly appointed Traffic and Transportation Commissioner and all who she has served with in her time as a commissioner who are very talented, dedicated and devoted people serving their community which makes it great. She commended Bob Nishimura and Bob Velker for their investment and participation in the City of Diamond Bar. She concluded by stating that it is her honor to serve the residents of Diamond Bar and that she has deep respect for the City Council which deserves everyone's best effort. C/Tye congratulated C/Herrera on an unprecedented sixth term. C/Herrera has made significant difference in the community and in the region. He congratulated C/Low and knows that this will be a very, very good working Council. He thanked everyone in Diamond Bar for choosing well. He thanked Shokoufeh Mirzaei for being willing to take the time to apply and go through the process of selection to the Traffic and Transportation Commission. The City looks forward to her input on traffic issues. Relative to restaurants in town, Diamond Bar has little if anything it can do if residents do not support them. There have been a lot of restaurants that have come and gone. Diamond Bar has great restaurants and it is really important that if residents want to have more restaurants that the current restaurants succeed and hoped everyone would take the opportunity to patronize them. He thanked the students in the audience who at the break needed their agenda signed and promised they would stay for the remainder of the meeting. He acknowledged their presence and appreciated that they stayed for the remainder of the meeting. MPT/Lin congratulated C/Herrera who brings a wealth of knowledge, history and experience to the city and who is an indispensable member of the City Council. He is glad she decided to run again and was re-elected. He and C/Low served on the Planning Commission together and he had the honor of sitting next to her until he became a City Council Member and is happy to be sitting next to her on the City Council. He is sure they will make a good team. When the City Council decided to move forward with the beautification project over two weekends everyone was glad it was done. The areas look very nice and assumed that everyone appreciated the nice landscaping. He thanked his colleagues for selecting him to serve as the Mayor Pro Tem. He became a City Council Member by getting three votes and tonight he got four votes, which surely means he is improving and will try his very best to serve the City along with his four colleagues. DECEMBER 1, 2015 PAGE 9 CITY COUNCIL M/Lyons congratulated C/Herrera on her re-election to the City Council and thanked C/Herrera for the help and guidance provided to her and others. She congratulated and welcomed C/Low. The City Council is so excited to have her join the team. Happy Hanukah to her friends. She is looking forward to working with the City Council and staff to make 2016 another super year for Diamond Bar. ADJOURNMENT: With no further business to conduct, M/Lyons adjourned the City Council Meeting at 7:51 p.m., in memory of Dr. Ahmad Sakr, Islamic Education Center; and, in honor of retiring Council Member Jack Tanaka. Tommye Cribbins, City Clerk The foregoing minutes are hereby approved this day of 2015. Nancy A. Lyons, Mayor MINUTES OF THE CITY OF DIAMOND BAR MEETING OF THE PLANNING COMMISSION OCTOBER 27, 2015 Agenda No. 6.2 Chair/Low called the meeting to order at 7:00 p.m. in the City Hall Windmill Room, 21810 Copley Drive, Diam6nd Bar, CA 91765. PLEDGE OF ALLEGIANCE: Commissioner Wolfe led the Pledge of Allegiance. 1. ROLL CALL: Present: Commissioners Bob Nishimura, Raymond Wolfe, Vice Chair Jennifer "Fred" Mahlke, Chair Ruth Low Absent: commissioner Frank Farago was excused. Also present: Greg Gubman, Community Development Director; James Eggart, Assistant City Attorney; Grace Lee, Senior Planner; Josue Espino, Planning Consultant, and Stella Marquez, Administrative Coordinator. 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None 3. APPROVAL OF AGENDA.: As presented 4. CONSENT CALENDAR: 4.1 Minutes of the Regular Meeting of October 13, 2015. C/Nishimura moved, VC/Mahlke seconded, to approve the Minutes 'of the October 13, 2015, Meeting as presented. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Nishimura, Wolfe, VC/Mahlke, Chair/Low NOES: COMMISSIONERS: None - ABSENT: COMMISSIONERS: Farago 5. OLD BUSINESS: None 6. NEW BUSINESS: None 7. PUBLIC HEARING(S): 7.1 Development Review and Minor Conditional Use Permit No. PL2015-326 — Under the authority of Diamond Bar Municipal Code (DBMC) Sections 22.48 and 22.56, the applicant and property owner requested Development Review approval to construct a two-story addition consisting of 909 square feet of floor area to an existing 1,646 square foot, two-story single family residence with an OCTOBER 27, 2015 PAGE 2 PLANNING COMMISSION I attached 467 square foot two -car garage on a 0.19 gross acre (8,482 gross square foot) lot. A Minor Conditional Use Permit was requested to allow a two- story addition to an existing nonconforming structure with a zero foot north side setback where 5 feet is required, and a nonconforming distance to a structure on the adjacent lot to the north of 8 feet 4.5 inches where 15 feet is required. The subject property is zoned Low Density Residential (RL) with a consistent underlying General Plan land use designation of Low Density Residential. PROJECT ADDRESS Fdffl���� 20732 Timberline Lane Diamond -Bar, CA 91765 Chunwei Chi 20732 Timberline Lane Diamond Bar, CA 91789 PC/Espino presented staffs report and recommended Planning Commission approval of Development Review and Minor Conditional Use Permit No. PL2015-326, based on the Findings of Fact, and subject to the conditions of approval as listed within the resolution. C/Nishimura asked if the first floor window on the north side was part of the recessed addition off of the zero lot line where a block wall would be in front of the window to provide privacy for the neighbor and PC/Espino responded affirmatively. Chair/Low opened the public hearing. With no one present who wished to speak on this item, Chair/Low closed the public hearing. C/Wolfe moved, C/Nishimura seconded, to approve Development Review and Minor Conditional Use Permit No. PL2015-326 based on the Findings of Fact, and subject to the conditions of approval as listed within the resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Nishimura, Wolfe, VC/Mahlke, Chair/Low NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Farago 8. PLANNING COMMISSIONER COMMENTS/INFORMATIONAL ITEMS: C/Wolfe cautioned everyone that it is fall, and the weather is cooling down. However, during the past two weeks he has found numerous rattlesnakes in his backyard. OCTOBER 27, 2015 . PAGE 3 PLANNING COMMISSION Unfortunately, he and his dogs have run into these snakes at. night. He encouraged everyone to be especially vigil at night about their country environment which while enjoyable, comes with risks. Chair/Low wished everyone a happy and safe Halloween and enjoyable fall. 9. STAFF COMMENTS/INFORMATIONAL ITEMS: 9.1 Public Hearing dates for future projects. CD I D/Gubman advised the Commission that the November 10, 2015, meeting will be canceled due to lack of agenda items. Staff anticipates agenda items for the following meeting and thus, tonight's meeting will be adjourned to November 24, 2015. Given that the next meeting occurs during a Holiday week please advise staff if Commissioners have plans to be away which may mean a lack of quorum. 10. SCHEDULE OF FUTURE EVENTS: As listed in tonight's agenda. ADJOURNMENT: With no further business before the Planning Commission, Chair/Low adjourned the regular meeting at 7:15 p.m. to November 24, 2015. The foregoing minutes are hereby approved this 24th day of November, 2015. Attest: Respectfully Submitted, Greg Gubman Community Development Director Ruth Low, Chairperson Agenda # 6.3 Meeting Date: December 15, 2015 CITY COUNCIL AGENDA REPORT tNcoRvma+'�P�� TO: Honorable Mayor and Members of the City Council FROM: James DeStefano, City MI er TITLE: Ratification of Check Register dated November 26, 2015 through December 9, 2015 totaling $ 421,068.45 RECOMMENDATION: Ratify. FINANCIAL IMPACT: Expenditure of $ 421,068.45 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 November 26, 2015 through December 9, 2015 for $ 421,068.45 is being presented for ratification. All payments have been made in compliance with the City's purchasing policies and procedures. Payments have been reviewed and approved by the appropriate departmental staff and the attached Affidavit affirms that the check register has been audited and deemed accurate by the Finance Director. PREPARED BY: Luisa Allen Accounting Technician REVIEWED BY: Finance Director Attachments: Affidavit and Check Register— 11/26/15 through 12/9/15. CITY OF DIAMOND BAR CHECK REGISTER AFFIDAVIT The attached listings of demands, invoices, and claims in the form of a check register including checks dated November 26, 2015 through December 9, 2015 has been audited and is certified as accurate. Payments have been allowed from the following funds in these amounts: Description General Fund Prop A - Transit Fund Prop C - Transit Tax Fund Intergrated Waste Management Fund Com Dev Block Grant Fund LLAD 38 Fund LLAD 39 Fund LLAD 41 Fund Eq Replacement Fund Signed: Dianna Honeywell Finance Director Amount $384,244.49 $5,732.50 $358.27 $16,203.96 $880.00 $1,952.26 $1,032.61 $8,937.77 $1,726.59 $421,068.45 E+ •i`LJ O�nO ✓1 O�O�NO O Ol O O m O{ O Ifl OOL!101 OIflOOl OIp�ONdN Vl VlOO MMI(I lfl O O OOO OOO l0 l0 O O O O Omm O[NC -0 r r ✓1 N NI -.NO :�rOlfl O N m Dl O1 N N M ill r '-I O Ifl '-I r r m t(1 r r N lfl N O M N r d� N m if O r r O I(1 C r N M r f� Ol N N O O b M [N r C Ifl l(1 O O N lO M O 1p O 61 r1 �{ O 1p N N O I M MH I I ri .-iM q W N�tp � N Nm 2 a w wE c7 u wuy k o d O0000000 o0o0 0 00 0 0 0 000 0o.o0oo.o a 1ooddd.o 0000 0 000 0 0 0 000 000000o00 E oodo 0 0 0 0 00000000 0000 0 o d o o d o 000 000000000 m W a a m a 00 E a W m m m 2m a m m m m m m mmm V] w m MID EE m m u ul rr rr+H r rr-I r I uUU U W Vla as I I I as U I {q xH rr r mm rrmr >>> > a 6H HE Ifl Ifl lfl wE > a q t�'O NN`-. 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RECOMMENDATION: Approve. BACKGROUND: It has been suggested that the Council consider the cancellation of the City Council Meeting scheduled for January 5, 2016. There will be no pressing matters or public hearings scheduled and therefore adjourning the meeting will not cause the City any hardship. Should the City Council concur, it is recommended that the Mayor, at the end of the December 15, 2015 City Council Meeting adjourn said Council Meeting to January 19, 2016. z ared by- Reviewed by: i. q�t V Tommyj Cribbins, City Clerk Ryan M t ean, eputy City Manager CITY COUNCIL Agenda # 6.5 Meeting Date: 1211512015 AGENDA REPORT TO: Honorable Mayor and Members of e City Council VIA: James DeStefano, City Man g TITLE: RESOLUTION NO. 2015 -XX OF T�E CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE APPLICATION FOR $267,500 OF LAND AND WATER CONSERVATION FUND GRANT, WHICH IF AWARDED, REQUIRES A $267,500 MATCH FROM THE CITY, FOR THE DEVELOPMENT OF THE CANYON LOOP TRAIL. RECOMMENDATION: Adopt the Resolution. FINANCIAL IMPACT: Development of the Canyon Loop Trail is estimated to cost $535,000.00. The Land and Water Conservation Fund grant requires a dollar to dollar match from the City. Staff is requesting $267,500 from the Land and Water Conservation Fund. The remaining amount is $267,500. Approximately $30,000 will be used to pay a Local Conservation Corp for preliminary and post work along the trail. This amount will be reimbursed through the Prop A Youth at Risk funds. The remaining $237,500 will be listed as committed from City of Diamond Bar general funds to complete the match. Staff has also applied for the Habitat Conservation Fund Grant that, if awarded, will provide the $237,500 match for this grant. BACKGROUND: The Canyon Loop Trail is located in the middle of the Summitridge Park Trail System. It can be accessed from the Steep Canyon Trailhead via the Ridge Route or the Steep Canyon Connector. From the Diamond Bar Center it can be accessed from the Grand View Trail. There are three areas along the trail that have 25%+ grades. The development of the trail will include switchbacks and stairs in a similar design as the Grand View Trail. The Canyon Loop Trail is a hard pan path created by hikers on the upper side and fire breaks on the lower side. This project will establish a developed trail as one continuous loop. DISCUSSION: The Canyon Loop Trail project is a development project to rehabilitate approximately 1.29 miles of trail by re -aligning the trail, installing landscape tie steps and hand rails to mitigate steep grades, drainage swales, water diverters, lodge pole fencing, bench rest stop, trash receptacle and signage along the trail. This Resolution is a required element of the grant application. This is one of many applications that staff has submitted in an effort to obtain funds to construct improvements identified in the Trails Master Plan. Examples of successful grant applications submitted in the past include funding for the Grand View Trail and Trail Link from the Land and Water Conservation Fund awarded in the 2011/12 and again in the 2012/13 FY. Also, the Grand View Trail Link received grant funding from the Habitat Conservation Fund which was awarded in the 2013/14 FY. PF�PARED BY: W"6 Alison Meyers C.S. Coordinator REVI D Y: t,. �t 0 oS Director of Community Service RESOLUTION NO: 2015 -XX RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE APPLICATION FOR LAND AND WATER CONSERVATION FUND FOR THE CANYON LOOP TRAIL PROJECT WHEREAS, the Congress under Public Law 88-578 has authorized the establishment of a federal Land and Water Conservation Fund Grant -In -Aid program, providing Matching funds to the State of California and its political subdivisions for acquiring lands and developing Facilities for public outdoor recreation purposes; and WHEREAS, the California Department of Parks and Recreation is responsible for administration of the program in the State, setting up necessary rules and procedures governing Applications by local agencies under the program; and WHEREAS, the Applicant certifies by resolution the approval of the Application and the availability of eligible Matching funds prior to submission of the Application to the State; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Diamond Bar hereby: 1. Approves the filing of an Application for Land and Water Conservation Fund assistance for the proposed Canyon Loop Trail Project 2. Agrees to abide by Section 6(f)(3) of Public Law 88-578 which states "No property acquired or developed with assistance under this section shall, without the approval of the National Secretary of the Interior, be converted to other than public outdoor recreation uses. The Secretary shall approve such conversion only if he finds it to be in accord with the then existing comprehensive statewide outdoor recreation plan and only upon such conditions as he deems necessary to assure the substitution of other recreation properties of at least equal fair market value and of reasonably equivalent usefulness and location." 3. Certifies that said agency has Matching funds from eligible source(s) and can finance 100 percent of the Project, which up to half may be reimbursed; and 4. Appoints the City Manager of the City of Diamond Bar as agent of the Applicant to conduct all negotiations and execute and submit all documents, including, but not limited to, Applications, Contracts, amendments, payment requests, and compliance with all applicable current state and federal laws which may be necessary for the completion of the aforementioned Project. Passed, Approved and Adopted on the 15th day of December, 2015. Nancy A. Lyons, Mayor I, Tommye Cribbins, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at a regular meeting of the City Council of the City of Diamond Bar held on 15th day of December, 2015 by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: Tommye Cribbins, City Clerk City of Diamond Bar s N Lai Agenda # 6.6 Meeting Date: 1211512015 CITY COUNCIL 4 AGENDA REPORT TO: Honorable Mayor and Members of the City Council FROM: James DeStefano, City Mana'er TITLE: ACCEPTANCE OF WORK PERFORMED BY VALLEYCREST LANDSCAPE MAINTENANCE TO REMOVE TURF FROM THE MEDIANS ALONG DIAMOND BAR BOULEVARD AND REPLACE IT WITH DROUGHT TOLERANT PLANTING MATERIAL AND MULCH, PLUS RETRO -FIT THE IRRIGATION SYSTEM AS NECESSARY TO MEET STATE WATER BOARD REQUIREMENTS; 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 ValleyCrest Landscape Maintenance; direct the City Clerk to file the Notice of Completion; and authorize the release of the retention. FINANCIAL IMPACT: The City Council authorized the expenditure of up to $539,465.46 for ValleyCrest Landscape Maintenance to remove turf from the medians along Diamond Bar Boulevard and replace it with drought tolerant planting material and mulch, plus to retro -fit the irrigation system. Total cost for ValleyCrest Landscape Maintenance to complete this project is $539,465.46. ValleyCrest Landscape Maintenance Construction Costs: $ 539,465.46 BACKGROUND/DISCUSSION: On May 18, 2015, the California State Water Board enacted drought -related emergency restrictions that prohibits the watering of ornamental turf on public street medians with potable water between June 1, 2015 and February 29, 2016. City staff turned off the sprinklers for the turf on all medians along Diamond Bar Boulevard and obtained a grant in the amount of $539,510 from the Metropolitan Water District (MWD) to replace the turf with drought tolerant plants and mulch, and to retrofit the irrigation system from over -spray to drip/bubbler. The City Council awarded a contract in the amount of $539,465.46 to ValleyCrest Landscape Maintenance on October 6, 2015 to remove the turf from the medians along Diamond Bar Boulevard and to replace it with drought tolerant planting material and mulch, plus to retro -fit the irrigation system. The work was substantially completed by ValleyCrest Landscape Maintenance on December 3, 2015 and staff is prepared to file the Notice of Completion. The funds for this work will be reimbursed to the City by MWD. U:MaT_IMI.Ta►uI:a "T 14TV a.10-ya Bob Rose Director of Community Services Attachment: Notice of Completion REVIEWED BY: Dianna Honeywell Finance Director RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO CITY OF DIAMOND BAR 21810 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 property hereinafter described: 2. The full name of the owner is Citv of Diamond Bar 3. The full address of the owner is 21810 Coplev Drive, Diamond Bar, CA 91765 4. The nature of the interest or estate of the owner is; "In Fee" (If other than fe, strike `hr fee" and insert, for example, "purchaser rade, centrad of purchase," or "lessee') 5. The full names alyd fill 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 December 3. 2015 The work done was: Removed turf from the medians along Diamond Bar Boulevard and replaced it with drought tolerant planting material and mulch plus retro -fit the irrigation system, 7. The name of the contractor, if any, for such work of improvement was VallcyCrest Landscape Maintenance (If no eantrector farweal, ofimpravement ss s what, insert"none") (Date of Contract) S. The property on which said work of improvement was completed is in the City of Diamond Bar, County of Los Angeles, State of California, and is described as follows Medians along Diamond Bar Boulevard in Diamond Bar, CA 9. The street address of said property is none (If no street address has been officially assigned, insert `Iter Dated: Verification for Individual Owner CITY OF DIAMOND BAR SlgnatUre of owner or corporate afficor ef.wrier named in paragraph 2 or his agent VERIFICATION L, the undersigned, say: I am the City Manager the declarant ofthe ("resident of', "Manager of" "A partner of," "Owner of," eor) foregoing notice of completion; I have read said notice of completion and know the contents thereof,the same is true of my own knowledge. I declare under penalty of pi pry that the foregoing is hue and correct. Executed on , 20 15 , at Diamond Bar , California. (Date or signaWre) (City where signed) (Personal signature ofthe individual who is swearing that the contents of the casco of completion aretm DO NOT RECORD REQUIREMENTS AS TO NOTICE OF COMPLETION A notice of completion must be filed for record WITHIN 10 DAYS after completion of the work of improvement (to be computed exclusive of the day of completion), as provided in Civil Code Section 3093. The "owner" who must file for record a notice of completion of a building or other work of improvement means the owner (or his successor in -interest at the date the notice is filed) on whose behalf the work was done, though his ownership is less than the fee title. For example, if A is the owner in fee, and B, lessee under a lease, causes a building to be constructed, then B, or whoever has succeeded to his interest at the date the notice is filed, must file the notice. If the ownership is in two or more persons as joint tenants or tenants in common, the notice may be signed by any one of the co-owners (in fact, the foregoing form is designed for giving of the notice by only one covenant), but the names and addresses of the other co-owners must be stated in paragraph 5 of the form. Note that any Notice of Completion signed by a successor in interest shall recite the names and addresses of his transferor or transferors. In paragraphs 3 and 5, the full address called for should include street number, city, county and state. As to paragraphs 6 and 7, this form should be used only where the notice of completion covers the work of improvement as a whole. If the notice is to be given only of completion of a particular contract, where the work of improvement is made pursuant to two or more original contracts, then this form must be modified as follows: (1) Strike the works "A work of improvement" from paragraph 6 and insert a general statement of the kind of work done or materials furnished pursuant to such contract (e.g., "The foundations for the improvement"); (2) Insert the name of the contractor under the particular contract in paragraph 7. In paragraph 7 of the notice, insert the name of the contractor for the work of improvement as a whole. No contractors name need be given if there is no general contractor, e.g., on so-called "owner -builder jobs." In paragraph 8, insert the full legal description, not merely a street address or tax description. Refer to deed or policy of title insurance. If the space provided for description is not sufficient, a rider may be attached. In paragraph 9, show the street address, if any, assigned to the property by any competent public or governmental authority. CITY COUNCIL Agenda # 6.7 Meeting Date: December 15, 2015 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Ma TITLE: APPROVE FUNDING AGREEM NT WITH LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY TO SECURE GRANT FUNDS IN THE AMOUNT OF $1,406,860 FOR THE DIAMOND BAR ADAPTIVE TRAFFIC CONTROL SYSTEM PROJECT. DATION: Approve. FINANCIAL IMPACT: As part of the Fiscal Year 2015-2016 Capital Improvement Program (CIP), $180,000 Proposition A funds, $180,000 of Proposition C funds, and $1,400,000 of MTA Grant were budgeted for the design, construction and construction management services for the Adaptive Traffic Control System Project for a total allocation of $1,760,000. DISCUSSION: As part of the 2013 Call for Projects, on September 26, 2013, the Los Angeles County Metropolitan Transportation Authority Board of Directors (LACMTA) selected the City of Diamond Bar's (City) Adaptive Traffic Control System Project (ATCS) for grant funding. Proposition C local sales tax dollars will be used for project funding by LACMTA. The funds are programmed over three (3) fiscal years, FY 2015-16, FY 2016-17, and FY 2017-18. The total project is estimated at $1,760,000 which includes a local match of $360,000. On October 28, 2015, the City of Diamond Bar received the original Funding Agreement (See attached Agreement) from LACMTA approving the grant in the amount of $1,406,860. In accordance with Metro's adopted Lapsing Policy, the City is required to execute the Agreement with LACMTA before December 31, 2015 to secure this funding for the ATCS. The existing City's signal infrastructure system is entirely interconnected via copper and fiber optic cables with sixty three (63) signalized intersections currently on-line and managed through the TransSuite traffic control system installed/deployed in early 2009, located in the City's Traffic Management Center (TMC). Additionally, the City has implemented three (3) pre -defined traffic responsive timing plans since September 2013 to accommodate temporary surges of traffic along the three (3) major corridors. The purpose of the ATCS is to provide continuous monitoring of the traffic conditions by automatically adjusting signal timing to optimize traffic flow based on real-time traffic conditions and improve the capability to respond to various events that disrupt traffic flow and cause excessive congestion along the City's three (3) major regionally significant corridors. The implementation of the ATCS will result in fewer stops, less delays, reduced congestion, and improve signal coordination. The project scope of work also includes upgrades at forty-seven (47) signalized intersections; twenty-one (21) along Diamond Bar Boulevard; eighteen (18) along Golden Springs Drive, and eight (8) along Grand Avenue with compatible hardware and software components, including replacement of the existing signal controllers with ATCS controllers, configuration/integration of the ATCS, traffic signal interconnect, and signal detection upgrades at the above mentioned locations (see attached Project Map). Portion of the controller replacement and fiber optic upgrade will be completed as part of the three (3) phase Traffic Signal Infrastructure Upgrades Project (TSIUP) recommended in the 2014 Traffic Signal Operation & Maintenance Master Plan. TSIUP Phase I design is currently being finalized, and it is anticipated for the PS&E to be advertised during the month of December 2015 with construction to commence in February 2016. In this current fiscal year a portion of the grant funds will be use to secure a consultant to begin the design of the ATCS in mid -2016. PREPARED BY: Christian Malpica, Associate Engineer REVIEWED BY: KA�� David G. L u, Director of Public Works Attachment: Funding Agreement Project Map 2 Date Prepared: December 8, 2015 4UAL /(A Dianna Honeywell, FinancEVDirector FTIP#: LAF7300 PPNO N/A CALL FOR PROJECTS PROPOSITION C FUNDING AGREEMENT CFP# F7300 Award# 92000000OF7300 This Funding Agreement ("Agreement") is made and entered into effective as of October 19, 2015 ("Effective Date"), and is by and between the Los Angeles County Metropolitan Transportation Authority ("LACMTA") and City of Diamond Bar ("GRANTEE") for Diamond Bar Adaptive Traffic Control System Project - LACMTA Call for Projects ID# F7300 and FTIP# LAF7300 (the "Project"). WHEREAS, as part of the 2013 Call for Projects, the LACMTA Board of Directors, at its meeting on September 26, 2013, authorized a grant to GRANTEE, subject to the terms and conditions contained in this Agreement. NOW, THEREFORE, the parties hereby agree as follows: The terms and conditions of this Agreement consist of the following and each is incorporated by reference herein as if fully set forth herein: 1. Part I - Specific Terms of the Agreement 2. Part II - General Terms of the Agreement 3. Attachment A - Project Funding 4. Attachment B - Scope of Work 5. Attachment C - Reporting and Expenditure Guidelines 6. Attachment C-1 - Quarterly Progress/Expenditure Report 7. Attachment D - Federal Transportation Improvement Program (FTIP) Sheet 8. Attachment E-1- ITS Architecture Consistency Self -Certification Form 9. Attachment E-2 - Signal Synchronization and Bus Speed Improvement Program Special Grant Conditions 10. Attachment E-3 - Sustainable Design Elements Requirements Special Grant Conditions 11. Any other attachments or documents referenced in the above documents In the event of a conflict, the Special Grant Conditions, if any, shall prevail over the Specific Terms of the Agreement and any attachments and the Specific Terms of the Agreement shall prevail over the General Terms of the Agreement. Rev: 07.14,15 1 CFP Prop C Funding Agreement (FA) FTIP#: LAF7300 PPNO N/A CFP# F7300 Award# 92000000OF7300 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized representatives as of the dates indicated below: LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY M Phillip A. Washington Chief Executive Officer MARY C. WICKHAM interim County Counsel M Date: Date: !0% I Depu CITY OF DIAMOND BAR LIN NANCY A. LYONS Mayor APPROVED AS TO FORM: 0 David A. DeBerry City Attorney Date: Date: Rev: 07.14.15 2 CFP Prop C Funding Agreement (FA) FTIP#: LAF7300 PPNO N/A PART SPECIFIC TERMS OF THE AGREEMENT CFP# F7300 Award# 92000000OF7300 1. Title of the Project (the "Project"): Diamond Bar Adaptive Traffic Control System Project. LACMTA Call for Projects ID# F7300, FTIP # LAF7300. 2. To the extent the Funds are available, LACMTA shall make to GRANTEE a one-time grant of the Proposition C 25% funds in the amount of $1,406,860 (the "Funds") for the Project in accordance with the terms of this Agreement. LACMTA Board of Directors' action of September 26, 2013, granted the Funds to GRANTEE for the Project. The Funds are programmed over three years, Fiscal Years (FY) 2015-16; 2016-17; and 2017-18. LACMTA Board of Directors' action approved Funds for FY 2015-16 only in the amount of $454,108. LACMTA Board of Directors' action will be required annually to approve Funds for each subsequent Fiscal Year prior to those Funds being allocated to GRANTEE. 3, The Project Funding documents all sources of funds programmed for the Project as approved by LACMTA and is attached as Attachment A. The Project Funding includes the total programmed budget for the Project, including the Funds granted by LACMTA and GRANTEE'S local match requirement (the "GRANTEE Funding Commitment"). The Project Funding also includes the fiscal years in which all the funds for the Project are programmed. 4. GRANTEE shall complete the Project as described in the Scope of Work. The Scope of Work for the Project is attached to this Agreement as Attachment B. The Scope of Work includes a description of the Project, a detailed description of the work to be completed by GRANTEE including, without limitation, Project milestones consistent with the lapsing policy, and a set schedule. Work shall be delivered in accordance with that schedule unless otherwise agreed to by the parties in writing. If a GRANTEE is consistently behind schedule in meeting milestones or in delivering the Project, then LACMTA will have the option to terminate this Agreement for default as described in Part II, Section 9. 5. Eligible Project expenses are defined in the Reporting and Expenditure Guidelines (Attachment C). The form of the Quarterly Progress/Expenditure Report is attached as Attachment C-1. LACMTA will withhold 5% of eligible expenditures per invoice as retention pending an audit of expenditures and completion of the Scope of Work. 6. The "FTIP PROJECT SHEET (PDF)" is attached as Attachment D and is required to ensure that the Project is programmed correctly in the most up-to-date FTIP document. The FTIP PROJECT SHEET (PDF) can be found in ProgramMetro FTIP database under the reports section ath=s:/Iprogram.metro.net. All projects that receive funding through the LACMTA Call for Projects must be programmed into the FTIP which includes locally funded regionally significant projects for information and air quality modeling purposes. GRANTEE shall review the Project in ProgramMetro each year and update or correct the Project as necessary during a scheduled FTIP amendment or adoption to be consistent with the terms of this Agreement, as amended from time to time. GRANTEE will be notified of amendments and adoptions to the FTIP via e-mail. Changes to the FTIP through ProgramMetro should be made as soon as possible after GRANTEE is aware of any changes to the Project, but no later than October 1 of the year the change or update is effective. Should GRANTEE fail to meet this date, it may affect Rev: 07.14.15 3 CFP Prop C Funding Agreement (FA) FTIP#: LAF7300 PPNO N/A CFP# F7300 Award# 92000000OF7300 GRANTEE'S ability to access funding, delay the Project and may ultimately result in the Funds being lapsed. LACMTA shall review and approve any changes GRANTEE makes to the FTIP prior to incorporating such changes in to the TIP. 7. The "Los Angeles County Regional ITS Architecture Consistency Self -Certification Form" is attached as Attachment E-2. GRANTEE shall complete and submit the form as set forth in Attachment E-1. S. The "Signal Synchronization and Bus Speed Improvement Program Special Grants Conditions" is attached as Attachment E-2. GRANTEE shall comply with the Special Grants Conditions as set forth in Attachment E-2. 9. The "Sustainable Design Elements Requirements Special Grant Conditions" is attached as Attachment E-3. GRANTEE shall comply with the Special Grants Conditions as set forth in Attachment E-3. 10. Amendments to this Agreement shall be in writing executed by the parties. No changes to the (i) grant amount, (ii) Project Funding, (iii) the Scope of Work, or (iv) the lapse date of the Funds shall be allowed without a written amendment to this Agreement, approved and signed by the LACMTA Chief Executive Officer or his/her designee and GRANTEE. 11. Notice will be given to the parties at the address specified below unless otherwise notified in writing of change of address. Any notice required or permitted to be delivered hereunder shall be deemed to be delivered upon receipt by the correct address by United States mail, postage prepaid, certified or registered mail, return receipt requested, or by Federal Express or other reputable overnight delivery service addressed to the parties hereto as follows: LACMTA's Address: Los Angeles County Metropolitan Transportation Authority One Gateway Plaza Los Angeles, CA 90012 Attention: Eva Pan, Mail Stop 99-22-9 Email: Pane@metro.net GRANTEE's Address: City of Diamond Bar Department of Public Works 21810 Copley Drive Diamond Bar, CA 91765 Atten: David G. Liu Email: DLiu@DiamondBarCA.Gov 12. On September 26, 2002, the LACMTA Board of Directors required that prior to receiving Proposition C 10% or 25% grant funds through the Call for Projects, GRANTEE must meet a Maintenance of Effort (MOE) requirement consistent with the State of California's MOE as determined by the State Controller's office. With regard to enforcing the MOE, LACMTA Rev: 07.14.15 4 CFP Prop C Funding Agreement (FA) FTIP#: LAF7300 PPNO N/A CFP# F7300 Award# 92000000OF7300 will follow the State of California's MOE requirement, inducting, without limitation, suspension and re -implementation. Rev: 07.14.15 5 CFP Prop C Funding Agreement (FA) FTIP#: LAF7300 CFP# F7300 PPNO N/A Award# 92000000OF7300 PART II GENERAL TERMS OF THE AGREEMENT 1. TERM: 1,1 The term of this Agreement shall commence on the Effective Date of this Agreement and shall expire upon the occurrence of all of the following, unless terminated earlier as provided herein: (i) the agreed upon Scope of Work has been completed; (ii) all LACMTA audit and reporting requirements have been satisfied; and (iii) the final disbursement of the Funds has been made to GRANTEE. All eligible Project expenses as defined in the Reporting Guidelines (Attachment C) incurred after the Effective Date shall be reimbursed in accordance with the terms and conditions of this Agreement. The parties understand and agree there are certain covenants and agreements which specifically remain in effect after expiration or termination of this Agreement. 1.2 Should LACMTA determine there are insufficient Funds available for the Project; LACMTA may terminate this Agreement by giving written notice to GRANTEE at least thirty (30) days in advance of the effective date of such termination. If this Agreement is terminated pursuant to this section, LACMTA will not reimburse GRANTEE any costs incurred after the effective date of such termination, except those necessary to return any facilities modified by the Project's construction to a safe state. LACMTA's share of these costs will be in equal proportion of the grant to GRANTEE Funding Commitment ratio. 2. INVOICE BY GRANTEE: Unless otherwise stated in this Agreement, the Quarterly Progress/Expenditure Report, with supporting documentation of expenses and Project progress as described in Part II, Section 4.1 of this Agreement, and other documents as required by LACMTA, shall satisfy LACMTA invoicing requirements. Submit invoice with supporting documentation to: ACCOUNTSPAYABLEQDMETRO.NET (preferable) or mail to: Los Angeles County Metropolitan Transportation Authority Accounts Payable P. O. Box 512296 Los Angeles, CA 90051-0296 Re: LACMTA Project ID# P7300 and Award # FA92000000OF7300 Eva Pan; Mail Stop 99-22-9 3. USE OF FUNDS: 3.1 GRANTEE shall utilize the Funds to complete the Project as described in the Scope of Work and in accordance with the Reporting and Expenditure Guidelines and the most recently adopted LACMTA Proposition C Guidelines for the type of Proposition C funds granted by LACMTA hereunder (the "Guidelines"). Rev: 07.14.15 6 CFP Prop C Funding Agreement (FA) FTIP#: LAF7300 CFP# F7300 PPNO N/A Award# 92000000OF7300 3.2 GRANTEE shall not use the Funds to substitute for any other funds or projects not specified in this Agreement. Further, GRANTEE shall not use the Funds for any expenses or activities beyond the approved Scope of Work (Attachment B). 3.3 GRANTEE must use the Funds in the most cost-effective manner. If GRANTEE intends to use a consultant or contractor to implement all or part of the Project, LACMTA requires that such activities be procured in accordance with GRANTEE'S contracting procedures and consistent with State law. GRANTEE will also use the Funds in the most cost-effective manner when the Funds are used to pay "in-house" staff time. This effective use of funds provision will be verified by LACMTA through on-going Project monitoring and through any LACMTA interim and final audits. *3.4 GRANTEE'S employee, officers, councilmembers, board member, agents, or consultants (a "GRANTEE Party") are prohibited from participating in the selection, award, or administration of a third -party contract or sub -agreement supported by the Funds if a real or apparent conflict of interest would be involved. A conflict of interest would include, without limitation, an organizational conflict of interest or when any of the following parties has a financial or other interest in any entity selected for award: (a) a GRANTEE Party (b) any member of a GRANTEE Party's immediate family, (c) a partner of a GRANTEE Party; (d) any organization that employs or intends to employ any of the above. This conflict of interest provision will be verified by LACMTA through on-going Project monitoring and through any LACMTA interim and final audits. 3.5 If the Project requires the implementation of an Intelligent Transportation Systems ("ITS") project, GRANTEE shall ensure the Project is consistent with the Regional ITS Architecture. ITS projects must comply with the LACMTA Countywide ITS Policy and Procedures adopted by the LACMTA Board of Directors including the submittal of a completed, signed self -certification form (Attachment E-1). For the ITS policy and form, also see http://www.metro.net/projects/ca rojects/. 3.6 If any parking facilities are designed and/or constructed using the Funds, GRANTEE shall coordinate with LACMTA parking program staff (see METRO.net for staff listing) in the planning, design and management of the facility and shall ensure that its implementation is consistent with the LACMTA adopted parking policy. For the parking policy, see http_//www metro net/projects/cal projects/. 3.7 GRANTEE is obligated to continue using the Project consistent with the public transportation purposes for which the Project was approved. The Project right-of-way and real property purchased to implement the Project shall remain dedicated to public transportation use. The obligations set forth in this section shall survive termination of this Agreement. 3.8 If GRANTEE desires to use the Funds to purchase or lease equipment including, without limitation, vehicles, office equipment, computer hardware or software, or other personal property ("Equipment") necessary to perform or provide the services set forth in Rev: 07.14.15 7 CFP Prop C Funding Agreement (FA) FTIP#: LAF7300 PPNO N/A CFP# F7300 Award# 920000000F7300 the Scope of Work, GRANTEE must obtain LACMTA's written consent prior to purchasing or leasing any Equipment. Equipment purchased or leased without such prior written consent shall be deemed an unallowable expenditure of the Funds. Equipment acquired as part of the Project shall be dedicated to that Project use for their fidl economic life cycle, including any extensions of that life cycle achieved by reconstruction, rehabilitation, or enhancements. 3.9 If an Equipment ceases to be used for the proper use as originally stated in the Scope of Work, GRANTEE will be required to return to LACMTA the Funds used to purchase or lease such Equipment in proportion to the useful life remaining and in equal proportion of the Funds to GRANTEE Funding Commitment ratio. The obligations set forth in this section shall survive termination of this Agreement. 3.10 If any Project facilities or any real property purchased to implement the Project is no longer used or is no longer needed for the Project, including construction easements or excess property, GRANTEE will be required to return to LACMTA the Funds used to design, construct or acquire such Project facilities or real property in equal proportion of the grant to GRANTEE Funding Commitment ratio. The obligations set forth in this section shall survive termination of this Agreement. 3.11 If GRANTEE desires to use any Project facility or any real property purchased to implement the Project to generate revenue, GRANTEE shall first obtain LACMTA's written consent prior to entering into any such revenue generating arrangement. GRANTEE shall provide LACMTA with the applicable information regarding the transaction, including without limitation, the property at issue, the proposed use of the property, the amount of revenue, any impact to the Project and the proposed use of the revenue. LACMTA consent may be conditioned on whether bond funds were used, and how GRANTEE plans to use the revenue, including, without limitation, sharing any net revenues with LACMTA. If GRANTEE fails to obtain LACMTA's prior written consent, GRANTEE shall be considered in default and LACMTA shall have all rights and remedies available at law or in equity, including, without limitation the return of the Funds to cover the cost of the property in question. The obligations set forth in this section shall survive termination of this Agreement. 3.12 GRANTEE understands that this Agreement does not provide any rights for GRANTEE to use LACMTA real property needed for the Project. If the Project requires use of LACMTA Property, GRANTEE will need to enter into a separate agreement with LACMTA in accordance with LACMTA real property policies and procedures. Nothing in this Agreement obligates LACMTA to provide GRANTEE with any real estate right. Rev: 07.14.15 8 CFP Prop C Funding Agreement (FA) FTIP#: LAF7300 PPNO N/A 4. DISBURSEMENT OF FUNDS: CFP# F7300 Award# 92000000OF7300 4.1 GRANTEE shall submit the Quarterly Progress/Expenditure Report (Attachment C-1) within 60 days after the close of each quarter on the last day of the months November, February, May and August. Should GRANTEE fail to submit such reports within 10 days of the due date and/or GRANTEE submits incomplete reports, LACMTA will not reimburse GRANTEE until the completed required reports are received, reviewed, approved. The Quarterly Progress/Expenditure Report shall include all supporting documentation (such as contractor invoices, timesheets, receipts, etc.) with a clear justification and explanation of their relevance to the Project for reimbursement. If no activity has occurred during a particular quarter, GRANTEE will still be required to submit the Quarterly Progress/Expenditure Report indicating no dollars were expended that quarter. If a request for reimbursement exceeds $500,000 in a single month, then GRANTEE can submit such an invoice once per month with supporting documentation. 4.2 Disbursements shall be made on a reimbursement basis in accordance with the provisions of this Agreement. 4.3 LACMTA will make all disbursements electronically unless an exception is requested in writing. Disbursements via Automated Clearing House (ACH) will be made at no cost to GRANTEE. GRANTEE must complete the ACH form and submit such form to LACMTA before grant payments can be made. ACH Request Forms can be found at http: / /www.metro.net/proj ects/calLproj ects/calLprojects-reference-documents/. 4.4 GRANTEE must provide detailed supporting documentation with its Quarterly Progress/Expenditure Report. 4.5 GRANTEE shall demonstrate that the GRANTEE Funding Commitment has been spent in direct proportion to the Funds invoiced with each quarter's expenditures. 4.6 Expenses that are not invoiced within 60 days after the lapsing date specified in Part II, Section 8.1 below are not eligible for reimbursement. 4.7 Any Funds expended by GRANTEE prior to the Effective Date of this Agreement shall not be reimbursed nor shall they be credited toward the GRANTEE Funding Commitment requirement, without the prior written consent of LACMTA. GRANTEE Funding Commitment dollars expended prior to the year the Funds are awarded shall be spent at GRANTEE'S own risk. AUDIT REQUIREMENTS/PAYMENT ADJUSTMENTS: *5.1 LACMTA, and/or its designee, shall have the right to conduct audits of the Project, as deemed appropriate, such as financial and compliance audits; interim audits; pre -award audits, performance audits and final audits. LACMTA will commence a final audit within nine months of receipt of an acceptable final invoice, provided the Project is ready for final audit (meaning all costs and charges have been paid by GRANTEE and invoiced to LACMTA, and such costs, charges and invoices are properly documented and summarized Rev: 07.14.15 9 CFP Prop C Funding Agreement (FA) FTIP#: LAF7300 CFP# F7300 PPNO N/A Award#920000000F7300 in the accounting records to enable an audit without further explanation or summarization including actual indirect rates for the period under review). GRANTEE agrees to establish and maintain proper accounting procedures and cash management records and documents in accordance with Generally Accepted Accounting Principles (GAAP). GRANTEE shall reimburse LACMTA for any expenditure not in compliance with this Agreement and the Guidelines. GRANTEE'S eligible expenditures submitted to LACMTA for this Project shall be in compliance with the Reporting and Expenditure Guidelines (Attachment C) and 2 CFR Subtitle A, Chapter II, Part 200. The allowability of costs for GRANTEE'S contractors, consultants and suppliers submitted to LACMTA through Recipient's Quarterly Progress Reports/Expenditures shall be in compliance with 2 CFR Subtitle A, Chapter II, Part 200 or, 48 CFR Part 31 (FAR), whichever is applicable. Any use of the Funds which is expressly prohibited under this Agreement shall be an ineligible use of the Funds and may be disallowed by LACMTA audit. Findings of the LACMTA audit are final. When LACMTA audit findings require GRANTEE to return monies to LACMTA, GRANTEE shall return such monies within thirty (30) days after the final audit is sent to GRANTEE. ''S.2 GRANTEE'S records shall include, without limitation, accounting records, written policies and procedures, contract files, original estimates, correspondence, change order files (including documentation covering negotiated settlements), invoices, and any other supporting evidence deemed necessary by LACMTA to substantiate charges related to the Project (all collectively referred to as "records") shall be open to inspection and subject to audit and reproduction by LACMTA auditors or authorized representatives to the extent deemed necessary by LACMTA to adequately permit evaluation of expended costs. Such records subject to audit shall also include, without limitation, those records deemed necessary by LACMTA to evaluate and verify, direct and indirect costs, (including overhead allocations) as they may apply to costs associated with the Project. These records must be retained by GRANTEE for three years following final payment under this Agreement. Payment of retention amounts shall not occur until after the LACMTA's final audit is completed. *'5.3 GRANTEE shall cause all contractors to comply with the requirements of Part II, Sections 5.1 and 5.2 above. GRANTEE shall cause all contractors to cooperate fully in furnishing or in making available to LACMTA all records deemed necessary by LACMTA auditors or authorized representatives related to the Project. *5.4 LACMTA or any of its duly authorized representatives, upon reasonable written notice shall be afforded access to all of the records of GRANTEE and its contractors related to the Project, and shall be allowed to interview any employee of GRANTEE and its contractors through final payment to the extent reasonably practicable. *5.5 LACMTA or any of its duly authorized representatives, upon reasonable written notice, shall have access to the offices of GRANTEE and its contractors, shall have access to all necessary records, including reproduction at no charge to LACMTA, and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the ter rns and conditions of this Agreement. Rev: 07.14.15 10 CFP Prop C Funding Agreement (FA) FTIP#: LAF7300 PPNO N/A CFP# F7300 Award# 92000000OF7300 5.6 In addition to LACMTA's other remedies as provided in this Agreement, LACMTA shall withhold the Funds and/or recommend not to award future Call for Projects grants to GRANTEE if the LACMTA audit has determined that GRANTEE failed to comply with the Scope of Work (such as misusing Funds or failure to return Funds owed to LACMTA in accordance with LACMTA audit findings) and/or is severely out of compliance with other terms and conditions as defined by this Agreement and the Guidelines, including the access to records provisions of Part II, Section 5. *5.7 When business travel associated with the Project requires use of a vehicle, the mileage incurred shall be reimbursed at the mileage rates set by the Internal Revenue Service, as indicated in the United States General Services Administration Federal Travel Regulation, Privately Owned Vehicle Reimbursement Rates. *5.8 GRANTEE shall certify monthly invoices by reviewing all contractor and subcontractor costs and maintaining internal control to ensure that all expenditures are allocable, allowable and reasonable and in accordance with 2 CFR Subtitle A, Chapter II, Part 200 or 48 CFR Part 31 (whichever is applicable) and the terms and conditions of this Agreement. 5.9 GRANTEE shall also certify final costs of the Project to ensure all costs are in compliance with 2 CFR Subtitle A, Chapter II, Part 200 or 48 FAR Part 31 (whichever is applicable) and the terms and conditions of this Agreement. 5.10 Whenever possible, in exercising its audit rights under this Agreement, LACMTA shall rely on GRANTEE'S own records and audit work to minimize direct audit of contractors, consultants, and suppliers. 6. ONE TIME GRANT: This is a one time only grant subject to the terms and conditions agreed to herein and in the Guidelines. This grant does not imply nor obligate any future funding commitment on the part of LACMTA. 7. SOURCES AND DISPOSITION OF FUNDS: 7.1 The obligation for LACMTA to grant the Funds for the Project is subject to sufficient Funds being made available for the Project by the LACMTA Board of Directors. If such Funds are not made available for the Project, LACMTA shall have no obligation to provide the Funds for the Project, unless otherwise agreed to in writing by LACMTA. 7.2 GRANTEE shall fully fund and contribute the GRANTEE Funding Commitment, as identified in the Project Funding (Attachment A), towards the cost of the Project. If the Funds identified in Attachment A are insufficient to complete the Project, GRANTEE agrees to secure and provide such additional non-LACMTA programmed funds necessary to complete the Project. 7.3 GRANTEE shall be responsible for any and all cost overruns for the Project. Rev: 07.14.15 11 CFP Prop C Funding Agreement (FA) FTIP#: LAF7300 PPNO N/A CFP# F7300 Award# 92000000OF7300 7.4 At any time, if GRANTEE receives outside funding for the Project in addition to the Funds identified in the Project Funding at the time this grant was awarded, this Agreement shall be amended to reflect such additional funding. 7.5 If, at the time of final voucher, available funding for the Project (including the Funds, GRANTEE Funding Commitment, and any additional funding) exceeds the actual Project costs, then the cost savings shall be applied in the same proportion as the sources of fiords from each party to this Agreement as specified in the Project Funding and both the Funds and GRANTEE Funding Commitment required for the Project shall be reduced accordingly. LACMTA shall have the right to use any cost savings associated with the Funds at its sole discretion, including, without limitation, programming the unused Funds to another project or to another grantee. If, at the time of final voucher, it is determined that GRANTEE has received Funds in excess ofwhat GRANTEE should have received for the Project, GRANTEE shall return such overage to LACMTA within 30 days from final voucher. 8. TIMELY USE OF FUNDS / REPROGRAMMING OF FUNDS: 8.1 GRANTEE must demonstrate timely use of the Funds by. (i) executing this Agreement within ninety (90) days of receiving formal transmittal of the Agreement from LACMTA, or by December 31 of the first Fiscal Year in which the Funds are programmed, whichever date is later; and (ii) meeting the Project milestones due dates as agreed upon by the LACMTA and GRANTEE in Attachment B (Scope of Work) of this Agreement. Contracts for construction or capital purchase shall be executed within nine (9) months from the date of completion of design. Project design (preliminary engineering) must begin within six (6) months from the identified milestone start date. Funds programmed by LACMTA for Project development or right-of-way costs must be expended by the end of the second fiscal year following the year the Funds were first programmed; and (iii) submitting the Quarterly Progress/Expenditure Report as described in Part Il, Section 4.1 of this Agreement; and (iv) expending the Funds granted under this Agreement for allowable costs by the stated lapse date. All Funds programmed for FY 2015 -16 are subject to lapse by June 30, 2018. All Funds programmed for FY 2016 -17 are subject to lapse by June 30, 2019. All Funds programmed for FY 2017 -18 are subject to lapse by June 30, 2020 8.2 In the event that the timely use of the Funds is not demonstrated as described in Part II, Section 8.1 of this Agreement, the Project will be reevaluated by LACMTA as part of its annual Call for Projects Recertification/Deobligation process and the Funds may Rev: 07.14.15 12 CFP Prop C Funding Agreement (FA) FTIP#: LAF7300 PPNO N/A CFP# F7300 Award# 92000000OF7300 be deobligated and reprogrammed to another project by the LACMTA Board of Directors. If GRANTEE does not complete one element of the Project, as described in the FTIP Project Sheet, due to all or a portion of the Funds lapsing, the entire Project may be subject to deobligation at LACMTA's sole discretion. In the event that all the Funds are reprogrammed, this Agreement shall automatically terminate. 9. DEFAULT: A Default under this Agreement is defined as any one or more of the following: (i) GRANTEE fails to comply with the terms and conditions contained herein or in the Guidelines; (ii) GRANTEE is consistently behind schedule in meeting milestones or in delivering the Project; or (iii) GRANTEE fails to perform satisfactorily or makes a material change, as determined by LACMTA at its sole discretion, to the Financial Plan, the Scope of Work, or the Project Funding without LACMTA's prior written consent or approval as provided herein. 10. REMEDIES: 10.1 In the event of a Default by GRANTEE, LACMTA shall provide written notice of such Default to GRANTEE with a 30 -day period to cure the Default. In the event GRANTEE fails to cure the Default, or commit to cure the Default and commence the same within such 30 -day period to the satisfaction of LACMTA, LACMTA shall have the following remedies: (i) LACMTA may terminate this Agreement; (ii) LACMTA may make no further disbursements of Funds to GRANTEE; and/or (iii) LACMTA may recover from GRANTEE any Funds disbursed to GRANTEE as allowed by law or in equity. 10.2 Effective upon receipt of written notice of termination from LACMTA pursuant to Section 10.1, GRANTEE shall not undertake any new work or obligation with respect to this Agreement unless so directed by LACMTA in writing. Any Funds expended after termination shall be the sole responsibility of GRANTEE. 10.3 The remedies described herein are non-exclusive. LACMTA shall have the right to enforce any and all rights and remedies herein or which may be now or hereafter available at law or in equity. 11. COMMUNICATIONS: *11.1 GRANTEE shall ensure that all Communication Materials contain recognition of LACMTA's contribution to the Project as more particularly set forth in "Funding Agreement Communications Materials Guidelines" available on line or from the LACMTA Project Manager. Please check with the LACMTA Project Manager for the web address. The Funding Agreement Communications Materials Guidelines may be changed from time to time during the course of this Agreement. GRANTEE shall be responsible for complying with the latest Funding Agreement Communications Materials Guidelines during the term of this Agreement, unless otherwise specifically authorized in writing by the LACMTA Chief Communications Officer. *11.2 For purposes of this Agreement, "Communications Materials" include, but are not limited to, press events, public and external newsletters, printed materials, advertising, websites radio and public service announcements, electronic Rev: 07.14.15 13 CFP Prop C Funding Agreement (FA) FTIP#: LAF7300 PPNO N/A CFP# F7300 Award# 92000000OF7300 media, and construction site signage. A more detailed definition of "Communications Materials" is found in the Funding Agreement Communications Materials Guidelines. *11.3 The Metro logo is a trademarked item that shall be reproduced and displayed in accordance with specific graphic guidelines. These guidelines and logo files including scalable vector files will be available through the LACMTA Project Manager. *11.4 GRANTEE shall ensure that any subcontractor, including, but not limited to, public relations, public affairs, and/or marketing firms hired to produce Project Communications Materials for public and external purposes will comply with the requirements contained in this Section. 11.5 The LACMTA Project Manager shall be responsible for monitoring GRANTEE compliance with the terms and conditions of this Section. GRANTEE failure to comply with the terms of this Section shall be deemed a default hereunder and LACMTA shall have all rights and remedies set forth herein. 12. OTHER TERMS AND CONDMONS: 12.1 This Agreement, along with its Attachments and the Guidelines, constitutes the entire understanding between the parties, with respect to the subject matter herein. The Agreement shall not be amended, nor any provisions or breach hereof waived, except in writing signed by the parties who agreed to the original Agreement or the same level of authority. Adoption of revisions or supplements to the Guidelines shall cause such revisions or supplements to become incorporated automatically into this Agreement as though fully set forth herein. 12.2 In the event that there is any court (proceeding between the parties to enforce or interpret this Agreement, to protect or establish any rights or remedies hereunder, the prevailing party shall be entitled to its costs and expenses, including reasonable attorney's fees. *12.3 Neither LACMTA nor any subsidiary or their respective directors, officers, agents, or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or committed to be done by GRANTEE under or in connection with any work performed by or service provided by GRANTEE, its officers, agents, employees, contractors and subcontractors under this Agreement. GRANTEE shall fully indemnify, defend (with counsel approved by LACMTA) and hold LACMTA, and its subsidiaries and their respective directors, officers, agents and employees harmless from and against any suits and causes of actions, claims, losses, liability, damages, costs and expenses, including without limitation, any costs or liability on account of bodily injury, death or personal injury of any person or for damage to or loss of property, any environmental obligation, and any legal fees in anyway arising out of acts or omissions to act related to the Project or this Agreement, without requirement that LACMTA first pay such claim. The obligations set forth in this section shall survive termination of this Agreement. Rev: 07.14.15 14 CFP Prop C Funding Agreement (FA) FTIP#: LAF7300 CFP# F7300 PPNO N/A Award# 92000000OF7300 12.4 Neither party hereto shall be considered in default in the performance of its obligation hereunder to the extent that the performance of any such obligation is prevented or delayed by unforeseen causes including acts of God, acts of a public enemy, and government acts beyond the control and without fault or negligence of the affected party. Each party hereto shall give notice promptly to the other of the nature and extent of any such circumstances claimed to delay, hinder, or prevent performance of any obligations under this Agreement. 12.5 GRANTEE shall comply with and insure that work performed under this Agreement is done in compliance with Generally Accepted Accounting Principles (GAAP), all applicable provisions of federal, state, and local laws, statutes, ordinances, rules, regulations, and procedural requirements including Federal Acquisition Regulations (FAR), and the applicable requirements and regulations of LACMTA. GRANTEE acknowledges responsibility for obtaining copies of and complying with the terms of the most recent federal, state, or local laws and regulations, and LACMTA requirements including any amendments thereto. 12.6 GRANTEE agrees that those sections of this Agreement marked with an asterisk shall be included in every contract entered into by GRANTEE or its contractors relating to work performed under this Agreement and LACMTA shall have the right to review and audit such contracts. 12.7 GRANTEE shall not assign this Agreement, or any part thereof, without prior approval of the LACMTA Chief Executive Officer or his designee, and any assignment without said consent shall be void and unenforceable at the option of LACMTA. 12.8 This Agreement shall be governed by California law. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way. 12.9 The covenants and agreements of this Agreement shall inure to the benefit of, and shall be binding upon, each of the parties and their respective successors and assigns. 12.10 GRANTEE will advise LACMTA prior to any key Project staffing changes. 12.11 GRANTEE in the performance of the work described in this Agreement is not a contractor nor an agent or employee of LACMTA. GRANTEE attests to no organizational or personal conflicts of interest and agrees to notify LACMTA immediately in the event that a conflict, or the appearance thereof, arises. GRANTEE shall not represent itself as an agent or employee of LACMTA and shall have no powers to bind LACMTA in contract or otherwise. Rev: 07.14.15 15 CFP Prop C Funding Agreement (FA) ATTACHMENT A -PROJECT FUNDING CFP#:F7300 FA# 92000000OF7300 FTIP#:LAF7300 PROJECT TITLE:DIAMOND BAR ADAPTIVE TRAFFIC CONTROL SYSTEM PROJECT GRANTEE/ PROJECT SPONSOR: CITY OF DIAMOND BAR ($ in Actual Dollars) (1 ACMTA Proommmed Funding and SDonsors Match Only) PROGRAMMED FUNDS PRIORYEARS FY2014-15 FY 2015-16 FY 2016-17 FY2017-18 FY 2018-19 TOTAL % OF BUDGET BUDGET LACMTA PROGRAMMED FUNDING: SELECT: Proposition C 5% $ - Proposition C 10% $ - Proposition C 25% $ 454,108 $ 218,600 $ 734,152 $ 1,406,860 80.0% Proposition C 40% $ - $ LACMTA SUBTOTAL $ 1,406,860 80.0% GRANTEE/SPONSOR MATCH: Grantee Funding Comminnent (specify type) (Write specific type offending match) SELECT: City General Fund $ - Prop A or C Local Return $ 113,527 $ 54,650 $ 183,538 $ 351,715 20.0% STPL $ - Other $ - GRANTEE PRO ECT SPONSOR MATCH SUBTOTAL $ 351,715 TOTAL PROGRAMMED FUNDING $ - $ - $ 567,635 $ 273,250 $ 917,690 $ - $ 1,758,575 100.0% Rev:11.1.14 FA Prop C Attachment A Project Funds FFIP#:F7300 PPNO N/A ATTACHMENT B SCOPE OF WORIZ PROJECT DESCRIPTION CFP#F7300 FA# 92000000OF7300 The proposed project will replace the existing signal controllers with Adaptive Traffic Control System (ATCS) controllers. The Existing traffic control system along Diamond Bar Boulevard, Golden Sprigs Drive, and Grand Avenue with the City limit has limited flexibility without capability to respond to various events that disrupt traffic flow and cause excessive congestion. Diamond Bar Boulevard and Golden Springs Drive are in close proximity to the State Route -57 (SR -57) freeway. Grand Avenue intersects Diamond Bar Boulevard, and Golden Springs Drive as well as SR -57/60. The SR -60 freeway is a regional track route. These freeways are heavily congested during the morning and afternoon peak hours. These two regional freeways merge as on freeway, SR -57/60 between Diamond Bar Boulevard to the north, and Golden Springs Drive to the south. Any minor incidents along this segment of SR -57/60 cause traffic to detour, and use the proposed corridors as bypass routes. The proposed ATCS project will upgrade forty-seven (47) signalized intersections along Diamond Bar Boulevard [twenty-one (21) signals], Golden Springs Drive [eighteen (18) signals], and Grand Avenue [eight (8) signals] these corridors by providing a fully traffic responsive signal control system based on actual normal and unexpected traffic demands. Installation of the ATCS will automatically adjust signal timing to optimize traffic flow based on real-time traffic conditions. The ATCS will be implemented using new software, server, and additional traffic detectors at the existing signalized intersections. The existing signal system within the City is all interconnected, currently on-line and controlled through the current Trans Suite traffic control system installed in 2008 and located in the City's Traffic Management Center (TMC). The adaptive system will reduce congestion, delays along the above mentioned three (3) major regionally significant corridors, and will support the goals and objectives of MIA's Long Range Transportation Plan (LRTP) for the Signal Synchronization and Bus Speed Improvements as outlined in Section 1 of the Call for Projects Application. PROJECT LIMITS The three project corridors are located within the City of Diamond Bar. The two north -south corridors are Diamond Bar Boulevard between East Avenida Rancheros and SR -57 and Golden Springs Drive between East Avenida Rancheros and Lemon Avenue. The east -west corridor is Grand Avenue between Longview Avenue and Golden Springs Drive, see attached project map. Rev: 11.1.14 1 FA Attachment B Scope of Work FTIP#:F7300 PPNO N/A PROJECT SCHEDULE CFP#F7300 FA# 92000000OF7300 Milestones FA Schedule in Scope of Work Start Date End Date Design Bid & Award 2/01/2016 5 01 2016 Design 06/01/2016 12/01/2016 Construction Bid & Award 03/01/2017 06/01/2017 Construction 07/01/2017 03/01/2018 COST ESTIMATE Permits $5,000 Plans, Specifications and Estimates $155,000 Construction, Construction Management and Inspection $1,600,000 TOTAL PROJECT COST $1,760,000 Rev: 11.1.14 2 FA Attachment B Scope of Work FTIP#:F7300 PPNO N/A PROJECT MAP CFP#F7300 FA# 92000000OF7300 Rev: 11.1.14 3 FA Attachment B Scope of Work 6P 0 V a e i +p �o 3 4 a' o` Y'w�gtl FO 1EQ11D � Duava ev BuewJ[w Mw � Gakn Sprnp Dawe Carta � Gm9A.a�c Carta • Sea!)' Fmz�a a m��Wa�meeaaes nnnurs�+c ?�� nwewmMe�mati...�.. NOPM KY! Dmmtmrl@npwe LrNic CavulSymn Rojeua ftv A ava D.�aw AQ�ewe 9pbn A'9eu lnm Rev: 11.1.14 3 FA Attachment B Scope of Work FA ATTACHMENT C REPORTING & EXPENDITURE GUIDELINES REPORTING PROCEDURES Quarterly Progress/Expenditure Report (Attachment C-1) is required for all projects. The GRANTEE shall be subject to and comply with all applicable requirements of the funding agency regarding project -reporting requirements.. In addition, GRANTEE will submit a quarterly report to the LACMTA at ACCOUNTSPAYABLE®MErRO.NEr or by mail to Los Angeles County Metropolitan Transportation Authority, Accounts Payable, P. O. Box 512296, Los Angeles, California 90051-0296. Please note that letters or other forms of documentation may not be substituted for this form. The Quarterly Progress/Expenditure Report covers all activities related to the project and lists all costs incurred. It is essential that GRANTEE provide complete and adequate response to all the questions. The expenses listed must be supported by appropriate documentation with a clear explanation of the purpose and relevance of each expense to the project. Expenses must reflect the proportionate share of local match, including in- kind, charged to the grant. • In cases where there are no activities to report, or problems causing delays, clear explanation, including actions to remedy the situation, must be provided. • GRANTEES are required to track and report on the project schedule. LACMTA will monitor the timely use of funds and delivery of projects. Project delay, if any, must be reported each quarter. Projects not delivered in a timely manner will be reevaluated by LACMTA as part of the annual Call for Projects Recertification process and the Funds may be deobligated and reprogrammed by the LACMTA Board. • The Quarterly Progress/Expenditure Report is due to the LACMTA as soon as possible after the close of each quarter, but no later than the following dates for each fiscal year: Quarter Report Due Date July—September November 30 October - December February 28 January - March May 31 April - June August 31 Upon completion of the Project a final report that includes project's final evaluation must be submitted. Rev: 12.23.14 1 FA Local Attachment C Admin Guidelines EXPENDITURE GUIDELINES • Any activity or expense charged above and beyond the approved Scope -of -Work (FA Attachment B) is considered ineligible and will not be reimbursed by the LACMTA unless prior written authorization has been granted by the LACMTA Chief Executive Officer or his/her designee. • Any expense charged to the grant or local match, including in-kind, must be clearly and directly related to the project. • Any activity or expense charged as local match cannot be applied to any other LACMTA- funded or non-LACMTA-fixnded projects; activities or expenses related to a previously funded project cannot be used as local match for the current project. • Administrative cost is the ongoing expense incurred by the GRANTEE for the duration of the project and for the direct benefit of the project as specified in the Scope -of -Work (Attachment B). Examples of administrative costs are personnel, office supplies, and equipment. As a condition for eligibility, all costs must be necessary for maintaining, monitoring, coordinating, reporting and budgeting of the project. Additionally, expenses must be reasonable and appropriate to the activities related to the project. LACMTA is not responsible for, and will not reimburse any costs incurred by the GRANTEE prior to the Effective Date of the FA, unless written authorization has been granted by the LACMTA Chief Executive Officer or her/her designee. DEFINITIONS • Local Participation: Where local participation consists of "in-kind" contributions rather than funds, the following contributions may be included: • Costs incurred by a local jurisdiction to successfully complete the project. Examples include engineering, design, rights-of-way purchase, and construction management costs. • Donations of land, building space, supplies, equipment, loaned equipment, or loaned building space dedicated to the project. • Donations of volunteer services dedicated to the project. • A third -party contribution of services, land, building space, supplies or equipment dedicated to the project. Allowable Cost: To be allowable, costs must be reasonable, recognized as ordinary and necessary, consistent with established practices of the organization, and consistent with industry standard of pay for work classification. • Excessive Cost: Any expense deemed "excessive" by LACMTA staff would be adjusted to reflect a "reasonable and customary" level.. For detail definition of "reasonable cost", Rev: 12.23.14 2 FA Local Attachment C Admin Guidelines please refer to the Federal Register OMB Circulars A-87 Cost Principals for State and Local Governments; and A-122 Cost Principals for Nonprofit Organizations. • Ineligible Expenditures: Any activity or expense charged above and beyond the approved Scope -of -Work is considered ineligible. Rev: 12.23.14 3 FA Local Attachment C Admin Guidelines LACMTA FA ATTACHMENT CA QUARTERLY PROGRESS / EXPENSE REPORT Grantee To Complete Invoice # Invoice Date FA# 92000000OF7300 Quarterly Report # GRANTEES ARE REQUESTED TO EMAIL THIS REPORT TO ACCOUNTS PAYABLE aMETRO.NET or submit by mail to: Los Angeles County Metropolitan Transportation Authority Accounts Payable P. O. Box 512296 Los Angeles, California 90051-0296 after the close of each quarter, but no later than November 30, February 28, May 31 and August 31. Please note that letters or other forms of documentation may not be substituted for this form. Refer to the Reporting and Expenditure Guidelines (Attachment C) for further information. Please itemize grant -related charges for this Quarter on Page 5 of this report and include totals in this Section. Rev: 12.23.14 1 FA Prop C Attachment C-1 Quarterly Report LACMTA Grant $ Local Match (Incl. In -Kind) $ Local Match % Total $ This Quarter Expenditure Retention Amount Net Invoice Amount (Less Retention) 0- .- Funds Expended to Date (Include this Quarter) Total Project Budget % of Project Budget Expended to Date Balance Remaining Rev: 12.23.14 1 FA Prop C Attachment C-1 Quarterly Report SECTION 2: GENERAL INFORMATION PROJECT TITLE: FA #: QUARTERLY REPORT SUBMITTED FOR: Fiscal Year: 2014-2015 ❑ 2015-2016 2016-2017 2017-2018 ❑ 2018-2019 2019-2020 Quarter: [—]Q1: Jul - Sep ❑ Q2: Oct -Dec nQ3:Jan-Mar ❑ Q4:Apr-Jun DATE SUBMITTED: LACMTA MODAL CATEGORY: []RSTI ❑ Pedestrian Signal Synchronization TDM ❑ Bicycle Goods Movement Transit Name: LACMTA Project Manager Phone Number: E-mail: Project Sponsor Contact / Project Manager Contact Name: Job Title: Department: City / Agency: Mailing Address: Phone Number: E-mail: Rev: 12.23.14 2 FA Prop C Attachment C-1 Quarterly Report 1. DELIVERABLES & MILESTONES List all deliverables and milestones as stated in the FA, with start and end dates. Calculate the total project duration. DO NOT CHANGE THE ORIGINAL FA MILESTONE START AND END DATES SHOWN IN THE 2ND AND 3R° COLUMNS BELOW. Grantees must make every effort to accurately portray milestone dates in the original FA Scope of Work, since this will provide the basis for calculating any project delay. If milestone start and/or end dates change from those stated in the Original FA Scope of Work, indicate the new dates under Actual Schedule below and re -calculate the project duration. However, this does not change the original milestones in your FA. PER YOUR FA AGREEMENT, ANY CHANGES TO THE PROJECT SCHEDULE MUST BE FORMALLY SUBMITTED UNDER SEPARATE COVER TO LACMTA FOR WRITTEN CONCURRENCE. FA Milestones Original FA Schedule in Scope of Work Actual Schedule Start Date End Date Start Date End Date Environmental Clearance Design Bid & Award Design Right -of -Way Acquisition Construction Bid & Award Ground Breaking Event Construction Ribbon Cutting Event Total Project Duration (Months) 2. PROJECT COMPLETION A. Based on the comparison of the original and actual project milestone schedules above, project is (select only one) L]On schedule per original FA schedule Between 12-24 months behind original schedule L]Less than 12 months behind original schedule More than 24 months behind original schedule B. Was the project design started within 6 months of the date originally stated in the FA? Yes No F-] Not Applicable C. Was a construction contract or capital purchase executed within 9 months after completion of design ! specifications? Yes R No n Not Applicable Rev: 12.23.14 3 FA Prop C Attachment C-1 Quarterly Report 3. TASKS / MILESTONES ACCOMPLISHED List tasks or milestones accomplished and progress made this quarter. 4. PROJECT DELAY If project is delayed, describe reasons for delay (this quarter). Pay particular attention to schedule delays. If delay is for the same reason as mentioned in previous quarters, please indicate by writing "Same as Previous Quarter". 5. ACTION ITEMS TO RESOLVE DELAY If the project is delayed (as described in #4), include action items that have been, or will be, undertaken to resolve the delay. Rev: 12.23.14 4 FA Prop C Attachment C-1 Quarterly Report All expenses and charges, including grant and local match, must be itemized and listed below. Each item listed must be verifiable by an invoice and/or other proper documentation. The total amounts shown here must be equal to this quarter's expenditures listed on page 1 of this report. All expenses and charges must be reflective of the approved budget and rates as shown in the FA Attachment B, Scope of Work. Use additional pages if needed. ITEM INVOICE p SES / TOT LEXPENCHARGES l $ CHARGED TO LACMTA GRANT $ CHARGED TO LOCAL MATCH 1 2 3 4 5 6 7 8 9 10 11 12 13 TOTAL Notes: 1. Local match spent in each quarter, must be in the appropriate proportion to LACMTA grant. 2. All receipts, invoices, and time sheets, attached and included with this Expense Report must be listed and shown under the Invoice Number column of the Itemized Listing (above). Invoice Payment Information: LACMTA will make all disbursements electronically unless an exception is requested in writing. ACH Payments require that you complete an ACH Request Form and fax it to Accounts Payable at 213-922-610 ACH Request Forms can be found at www.metro.net/califorprojects. Written exception requests for Check Payments should be completed and faxed to Accounts Payable at 213-922-6107. I certify that I am the responsible Project Manager or fiscal officer and representative of and that to the best of my knowledge and belief the information stated in this report is true and correct. Signature Date Rev: 12.23.14 5 FA Prop C Attachment C-1 Quarterly Report Name Title Rev: 12.23.14 6 FA Prop C Attachment C-1 Quarterly Report ATTACHMENT D Los Angeles Metropolitan Transportation Authority 2015 Federal Transportation Improvement Program ($000) Project Description, DIAMOND BAR ADAPTIVE TRAFFIC CONTROL SYSTEM PROJECT: I nstalls Adaptive Traffic Control SCAG RTP PrOlict#: 1IT804 Studi Is YES Model #: System(ATCS) at signalized intersections on Diamond Bar BI, Golden Springs Or, and Grand Av.(2) Provides fully traffic Model: PM: David G. Liu -(909)839-7040 responsive signal control system based on traffic, demands. Email. dliu@diamondliarca.go, LS: N LS GROUP#: Conformity Category: TCM System :Local Hwy Route: Postmile: Distance: Phase. No Project Activity Completion Date 06/30/2019 Lane#Exld:O Lane#Prop:O Impry Desc; Signal Synch project Air Basin: SCAB Envir Doc: CATEGORICALLY EXEMPT -06/302017 Toll Rate: Toll Col. Loc: Toll Method'. Hov acs eg loo: I Los Angeles -Long Sub -Area: Centel Sub -Region: San Gabriel Valley Beach -Santa Ana .Area Team Area CTIPS IO: EA#: PPNO: Program Code: ITS02- SIGNAL SYNCHRONRATION Slop Loc PHASE PRIOR 14115 15/16 16117 17/18 18119 19Y20 BEYOND FROG TOTAL PE RW — CON SUBTOTAL CITY City Funds PE $35 $0 $0 $35 CON $79- $55 $184 $318 SUBTOTAL $114. $55. $184 ..$353.''. PC25 Los Ang Ids Coumy Proposition c25 PE $140 $0 $0 $140 RW $o $9 $9 $o CON $314 $219 $734 $7267 SUBTOTAL 3454 5219 5734 - 51407 General Comment. 2013 CFP. Funding $1,487.000 Local Match: $353,000(20%of project corp - Mdeling Comment: The entire project along Diamond Bar Blvd, Golden Springs Or., and Grand Ave. consists of 13.24 miles of roadway. The project purpose is to implement son Adaptive Traffic Coatrol System (ATOS) to provide for a full traffic responsive signal control system based on real-time traffic conditions. The proposed ATOS progood will Include ladysewn(41) traffic signals along Diamond Bar Boulevard, twsntyaoe (21) signals: Golden Springs Drive, eighteen (18) signals and Grand Avenue, eigM(8) signals. The ATC$ will be mucruemed card new software, server, and additional traffic detectors at the existing aignalized Intersect ons. The adaptive system will reduce congestion and delays along these three major regionally significant mnidom The imposed project Will upgrade forty-seven (47),lignaiized trespassers along theea corridors by providing a fully traffic responsive signal contral system based on aedual normal and unexpected traffic demands. The new system will reduce congestion and delays along these condors. It ell automatically adjust signal timing in response to normal and unexpected OaMc demands. The system will simultaneously control signal timing cycle Idi phase spIIL and offset at the aftecdednter$ections. Please sea attached project maps and descriptions. -TCM Comment: New project. - sanctions: New Project CITY' li� Add funds In 151161n ENG for $35, CON for $79 li� Add funds In 161171n CON for $55 li� Add funds in 17118 In CON for $184 PC25: ki� Add funds in 151161, ENGN, $140, CON far $314 li� Add funds In 16117 In CON for $219 � Add funds In 171181n CON for $734 Teter passed cost $1.760 -a 1 d • - • Change reason:NEW PROJECT Total Cost $1,760 Page 1 Tuesday September 1, 2015 ATTACHMENT E-1 LOS ANGELES COUNTYREGIONAL ITS ARCHITECTURE CONSISTENCY Metro SELF- CERTIFICATIONFORM This form should be completed and executed for all ITS Projects or Projects with ITS elements. The form should be sent to LACMTA Countywide Planning and Development (CP & D) for any planned ITS projects or proposed funding involving Local, State or Federal funds programmed or administered through the LACMTA. 1. Name of Sponsoring Agency: City of Diamond Bar 2. Contact Name: David G. Liu 3. Contact Phone: 909 839-7040 4. Contact Email: DLiu@DiamondBarCA.Gov 5. Project Description: Install an Adaptive Traffic Control System (ATOS) to adjust signal timing to optimize traffic flow based on real-time traffic conditions. The Adaptive Traffic Control System (ATCS) project will provide a full traffic responsive signal control system based on real-time traffic conditions. The ATCS project will include forty-seven (47) traffic signals along Diamond Bar Boulevard [twenty-one (21) signals], Golden Springs Drive [eighteen (18) signals], and Grand Avenue [eight (8) signals]. The ATCS will be implemented using new software, server, and additional traffic detectors at the existing signalized intersections. The system is currently on-line under the current TransSuite traffic control system. The adaptive system will reduce congestion and delays along these three major regionally significant corridors. 6. Identify the ITS elements being implemented and the relevant National Architecture User Service(s), see Attachment A. See last page of this document. 1.6 Traffic Control 1.7 Incident Management Outline of the concept of operations for the project. The role and responsibility of the City of Diamond Bar, Department of Public Works is to effectively manage traffic, improve vehicular, pedestrian, bike, transit safety and reduce traffic congestion on surface streets in the City of Diamond Bar. This project will implement an advanced traffic control and management system with a central monitoring facility. Congestion and signal timing data will be shared with other projects and agencies, such as Los Angeles County Department of Public Works' Information Exchange Network (IEN). 8. Identify participating agencies roles and responsibilities. The City of Diamond Bar will operate the ATCS System to monitor and alleviate congestion on the City's arterial roadway especially when there are incidents on SR -57 and SR -60 freeways. Congestion data will be shared with Los Angeles County Department of Public Works Information Exchange Network (IEN). This project will also provide surface street emergency traffic management capability relative to surface street incidents. By signing and self -certifying this form, the agency commits itself to follow the ITS requirements listed below during project design and implementation. Please be advised that your project may be subject to further review and documentation by FHWA or FTA during project design and Rev: 11.1.14 1 FA Prop C Attachment E-1 ITS Self Certification ATTACHMENT E-1 ® LOS ANGELES COUNTY REGIONAL ITS ARCHITECTURE CONSISTENCY Metro SELF- CERTIFICATION FORM implementation phases: • Perform a lifecycle analysis for the ITS project elements and incorporate these costs into the Operations and Maintenance plan as part of the system engineering process, • Maintain and operate the system according to the recommendations of the operations and Maintenance plan upon project completion, • Use the systems engineering process and document the system engineering steps, and • Use the Los Angeles County Regional ITS Architecture interface standards, if required, and conform to the regional configuration management process. Signature: Agency Representative Date Rev: 11.1.14 2 FA Prop C Attachment E-1 ITS Self Certification 0Los Angeles Countywide Metro Policy and Procedures Intelligent Transportation Systems (ITS) RTP&D04 POLICY STATEMENT Federal regulations (23 CFR Parts 655 and 940 Intelligent Transportation System (ITS) Architecture and Standards; Final Rule) now require ITS projects funded with the Highway Trust Fund to conform to the National ITS Architecture and Standards; be guided by a regional architecture with geographic boundaries defined by stakeholder needs; and use systems engineering analysis on a scale commensurate with the project scope. It is Metro's Policy to abide by the Federal ITS regulations and requirements for those agencies seeking federal funding programmed by Metro for projects subject to this rule. For consistency and to maximize benefits, Los Angeles Countywide ITS Policy and Procedures is also applied to projects with state and local funding sources programmed and administered by the Metro. PURPOSE The purpose of this policy is to monitor funding compliance with the Federal Transit Administration (FTA) National ITS Policy and Federal Highway Administration (FHWA) ITS Final Rule. APPLICATION This policy applies to all ITS projects funded from the Highway Trust Fund. This includes funding through the Mass Transit Account and any other funds distributed by the FTA and the FHWA. In addition it applies to all ITS project funds programmed and administered by Metro through the Call For Projects, and Propositions A and C Local Return revenues if they were being used to match state and federal funds. ITS involves the use of advanced computer, electronic and communications technologies to increase the safety and effectiveness. of the surface transportation system. Metro encourages the use of ITS technologies to enhance the productivity of the existing infrastructure and vehicles that carry passengers, goods and services in Los Angeles County (i.e. highways, streets, bridges, mass transit vehicles and tracks). Some examples of transportation systems supported by ITS technologies include: advanced traffic signals; automated bus and maintenance vehicle location systems; electronic fare systems; electronic roadside and transit information signs; automated vehicle control systems and traveler information systems. Adding such technologies to our ortation s st s saves Ives, time and money. . '.- AREA M IRECrOR: Raymond Maehawa DEP. EMICUTWE OFFICER, TDI: Carol Inge CP & D: James L. de In Lou D BY CEO: Roger Snoble Metro ITS Policy -Final 02-01.05 Effective Date: 02/01/05 Los Angeles Countywide Metro Policy and Procedures Intelligent Transportation Systems (ITS) RTP&D04 1.0 PROCEDURES 1.1 ITS Project Definition An ITS project is defined as "any project that in whole or in part funds the acquisition of technologies or systems of technologies that provide or significantly contribute to the provision of one or more ITS User Services as defined in the National ITS Architecture." See attachment A; last page of this document, for ITS User Services version 5.0. This definition applies equally to both projects that are internal and external to LACMTA. 1.2 ITS Project Planning and Development During project planning and development, all external agency project sponsors and LACMTA internal departments must certify that the project ITS elements are consistent with the Los Angeles County Regional ITS Architecture by filling out the "Consistency Self -Certification Form" (Attachment E-1), pages 1-2 of this document. Failure to meet the requirements of this policy may result in delaying the programming and allocation of federal, state and local funds. 1.3 Los Angeles County Regional ITS Architecture The purpose of the Los Angeles County Regional ITS Architecture is to maximize the benefits of all of the investments in ITS technology by promoting their integration and following the system engineering process. Integration gives access to data for multiple partners at little or no additional investment. The Regional ITS Architecture for Los Angeles County can he found at (www.riits.net). It describes the process and the roles and responsibilities for maintaining the Regional Architecture after it is adopted. The Los Angeles Regional ITS Architecture is used as the base framework for SCAG's high level Regional ITS Architecture. This architecture covers the six counties that constitute the SCAG Region, and is also consistent with the California Statewide ITS Architecture and System Plan. Both the SCAG and Statewide ITS architectures are under development. They will ensure both regional and statewide coordination and consistency at all levels and integration within the same communication framework. The Los Angeles County Regional ITS Architecture provides a framework for ensuring institutional agreement and technical integration of ITS projects or groups of projects. Current or future ITS project sponsors receiving funding programmed and administered by LACMTA should acquaint themselves with the Los Angeles Regional ITS Architecture and participate in its future development. The Los Angeles County Regional ITS Architecture and Plan must also be maintained and be consistent with the region's transportation plans and improvements programs. Rev: 10.04.13 4 ITS Self Certification Form Los Angeles Countywide Metro Policy and Procedures Intelligent Transportation Systems (ITS) RTP&DO4 To support the need for consistency with the Los Angeles Regional ITS Architecture, the LACMTA Countywide Planning and Development Department (CP & D) is responsible for: • Making consistency information available to external agencies and LACMTA internal departments; • Reviewing and adding consistency requirements to external agencies and LACMTA Call for Projects requirements; • Reviewing and adding consistency requirements to Prop A and Prop C funding guidelines; • Reviewing and adding consistency requirements to Short Range Transit Plan (SRTP) countywide guidelines; • Coordinating with transportation, transit agencies, emergency service providers and LACMTA internal Departments to define their ITS projects, their concept of operations and providing assistance to meet the consistency requirements; and developing necessary integration interfaces to the Los Angeles County Regional ITS Architecture; • Providing support and guidance to transportation, transit agencies and emergency service providers using the Regional ITS Architecture guide book and tools for interface development; • Participating and ensuring inter -agency system operation and management agreements are executed as appropriate and described in the Los Angeles Regional ITS Architecture; • Administering the function and expansion of Los Angeles County Regional ITS Architecture; organizing ITS coordination committees and working groups that address technical and institutional issues that are associated with the operation, upgrade and maintenance of the Los Angeles Regional ITS Architecture; and • Maintaining and updating the Los Angeles Regional ITS Architecture Plan for incorporation into the Southern California Associated Government (SCAG) Regional ITS Plan, Regional Transportation Plan (RTP), and LACMTA's Long Range Transportation Plan (LRTP) and Short Range Transportation Plan (SRTP). Rev: 10.04.13 5 ITS Self Certification Form Los Angeles Countywide Metro Policy and Procedures Intelligent Transportation Systems (ITS) RTP&D04 1.4 ITS Project Compliance 1.4.1 To ensure compliance with the ITS Policy, all ITS project sponsor agencies including LACMTA internal departments are required to complete the Los Angeles County Regional ITS Architecture Consistency Certification Form (Attachment E-1) and to self certify that their project's ITS elements in whole or in part are consistent with the Los Angeles County Regional ITS Architecture through the following: • Identification of ITS systems elements; • An outline concept of operations for the project; • Identification of participating agency roles and responsibilities; • A commitment to perform a Lifecycle analysis for all ITS system elements; • A commitment to maintain and operate the system after the project completion; • A commitment to the use of systems engineering either directly by the agency and or their vendors; • A commitment to document the systems engineering steps followed at project completion; and • A commitment that the project will address the use of standards in the context of the Los Angeles County Regional ITS Architecture and participate in the configuration management process. As an additional aid to understanding the system engineering process, a major reference resource is the Caltrans Local Assistance Home Page: www.dot.ca.gov. The Local Programs Procedures manual update LPP 04.04 deals specifically with ITS projects and includes detailed guidelines for compliance with the regulations including discussion of the process and application of systems engineering to ITS projects. FTA is currently developing detailed transit specific guidelines for compliance with the system engineering requirements. These guidelines will be made available on the Regional ITS Architecture website (www.riits.net) when they are completed. Rev: 10.04.13 6 ITS Self Certification Form Los Angeles Countywide 0 Metro Policy and Procedures Intelligent Transportation Systems (ITS) RTP&D04 REVISION HISTORY Version No. I Date Submitted I Comments ATTACHMENTS A Elements of National ITS Architecture User Services (Version 5.0) E-1 Los Angeles County Regional ITS Architecture Consistency Self -Certification Form Rev: 10.04.13 7 ITS Self Certification Form CD Los Angeles Countywide Metro Policy and Procedures Intelligent Transportation Systems (ITS) RTP&D04 ATTACHMENT A Elements ofNational ITS Architecture User Services (Version 5.0) 1. TravelandTra$zcManagement 1.1 Pre -Trip Travel Information 1.2 En -Route Driver Information 1.3 Route Guidance 1.4 Ride Matching & Reservation 1.5 Traveler Services Information 1.6 Traffic Control 1.7 Incident Management 1.8 Travel Demand Management 1.9 Emissions Testing and Mitigation 1.10 Highway Rail Intersection 2. Public Transportation Management 2.1 Public Transportation Management 2.2 En -Route Transit Information 2.3 Personalized Public Transit 2.4 Public Travel Security 3. EleetromcPayment 3.1 Electronic Payment Services 4. Commercial Vehicle Operations 4.1 Commercial Vehicle Electronic Clearance 4.2 Automated Roadside Safety Inspection 4.3 On -Board Safety and Security Monitoring 4.4 Commercial Vehicle Administrative Processes 4.5 Hazardous Material Security and Incident Response 4.6 Freight Mobility S. Emergency Management 5.1 Emergency Notification and Personal Security 5.2 Emergency Vehicle Management 5.3 Disaster Response and Evacuation 6. Advanced Vehicle Safety Systems 6.1 Longitudinal Collision Avoidance 6.2 Lateral Collision Avoidance 6.3 Intersection Collision Avoidance 6.4 Vision Enhancement for crash Avoidance 6.5 Safety readiness 6.6 Pre -Crash Restraint Deployment 6.7 Automated Vehicle Operation 7. Information Management 7.1 Archived Data Function 8. Maintenance and Construction Management 8.1 Maintenance and Construction Operations Rev: 10.04.13 8 ITS Self Certification Form ATTACHMENT E-2 SIGNAL SYNCHRONIZATION AND BUS SPEED IMPROVEMENT PROGRAM SPECIAL GRANT CONDITIONS Signal Synchronization and Bus Speed Improvement projects cover a wide variety of traffic engineering measures that can be categorized into four tiers: TIER 1 Conventional Traffic Engineering — such as coordinated traffic signal timing and functional intersection improvements TIER 2 Transit Preferential Treatment and Priority Systems — such as traffic signal priority and bottleneck intersection improvements TIER 3 Computerized Traffic Control and Monitoring Systems — such as central traffic control, adaptive traffic control, advanced transportation management, enhanced detection, and arterial performance measurement systems TIER 4 Intelligent Transportation Systems (ITS) — such as multi -agency system integration, advanced traveler information systems, changeable message signs, and CCTV distribution networks 1. Grantee is required to attend the LACMTA Arterial ITS Configuration Management Committee. Grantee shall provide the opportunity to LACMTA staff, other affected agencies and/or the Arterial Intelligent Transportation System (ITS) Configuration Management Committee, to review, comment and participate on all aspects of the Project implementation to achieve multi -jurisdictional consensus, including, but not limited to, scope of work, consultant selection, PS&E, system design, bid documents and Project deliverables. 2. Grantee shall conform the Project scope of work and engineering design to the LACMTA's Signal Synchronization and Bus Speed Improvement Program Guidelines and the LACMTA Before and After Study Guidelines for Signal Synchronization Projects. Upon LACMTA request, for Tier 2.4 ITS project grants, Grantee will perform before and after study data collection in accordance with the LACMTA Before and After Study Guidelines for Signal Synchronization Projects. 3. Grantee shall cooperate with the regional Traffic Forum, a collection of agencies that make up a specific sub -region, and shall not advertise the Project for bid to begin construction before all affected agencies and/or regional Traffic Forum members have fully executed an agreement regarding the maintenance and operation of traffic signal synchronization system(s) along multi -jurisdictional corridor(s). Grantee shall deliver a copy of the fully executed agreement to LACMTA within seven (7) days from the date of full execution. 4. Grantee shall commit and/or secure non-LACMTA funds to maintain and operate the Project improvements. Grantee's failure to provide proper maintenance and operation of the Project improvements may jeopardize future LACMTA funding. Additionally, Grantee's Project shall not make major equipment or timing -plan changes on other Metro Call for Projects funded projects, including but not limited the regional Traffic Rev: 11.1.14 1 FA Attachment E2 Signal Synch Forum projects, within the first two years of Grantee's Project implementation/system operation without LACMTA or lead agency prior written approval. The obligations set forth in this section shall survive the expiration or termination of this Agreement. 5. For all Tier 3 and Tier 4 project developments, Grantee shall design for system compatibility with the arterial traffic control open system architecture. Grantee shall coordinate the system design through LACMTA staff to allow communication with the Information Exchange Network (IEN). 6. Grantee shall make available all data from the Project, including, without limitation, improvements and inventory data, to LACMTA upon request. Grantee shall be required to provide real-time traffic data from the Project, if available, to the County (IEN) and allow for archiving through the Regional Integration of ITS (RIITS) Network or any regional ITS software for regional corridor performance evaluation and monitoring purpose. The obligations set forth in this section shall survive the expiration or termination of this Agreement 7. It is understood that the LACMTA/Grantee participation ratio established for this Project will apply to the total Project cost and not to the individual Project elements as defined and estimated in Attachment B. Rev: 11.1.14 2 FA Attachment E2 Signal Synch FTIP#: LAF7300 CFP#F7300 FA# 920000000F7300 ATTACHMENT E-3 SUSTAINABLE DESIGN ELEMENTS REQUIREMENTS SPECIAL GRANT CONDITIONS 1. Grantee shall ensure its Project is in compliance with the LACMTA Sustainable Design Elements Requirements by meeting the following conditions: a. Grantee shall attend the LACMTA-hosted training on sustainable design prior to the initiation of the construction phase. The LACMTA training on sustainable design will be held every Fall. For training details, Grantee shall be responsible for contacting the LACMTA Sustainability Policy Manager. b. Grantee shall develop a Sustainable Design Plan (Plan), for LACMTA review and approval, that contains, at a minimum, the following elements: 1. A list of the sustainable design elements which will be included in the Project. 2. A summary description of mitigation measures committed through project environmental review. 3. A detail description of how the Project's proposed sustainable design elements will achieve either (1) the LACMTA Sustainable Design Performance Metrics ("LACMTA Metrics"), found in Appendix J of the Call for Projects Application; or (2) Alternative Metrics, as defined below. If Grantee desires to use an Alternative Metrics, the Plan must establish the alternative set of performance metrics Grantee intends to use. 4. A description of how Grantee will achieve each LACMTA Metrics or the Alternative Metrics, as applicable to the Scope of Work. The "Alternative Metrics" is defined as any alternative metrics that exceeds business -as -usual performance in the following areas: energy and water use; waste reduction; stormwater management; and reduction of urban heat island effects, as applicable to the Scope of Work. Grantee may cite performance metrics from standardized sources including but not limited to LEED, LEED-ND, Envision, and Sites Initiative. 2. Prior to initiation of the construction phase of the Project, Grantee must be found in compliance with the Plan. Grantee's compliance with the Plan can be determined in one of two ways: the LACMTA Sustainability Policy Manager shall determine and certify Grantee's compliance with the Plan or the Grantee must provide written self -certification of compliance to the LACMTA Sustainability Policy Manager with these conditions found in Section 1(b). Rev: 1.7.15 1 FA Attachment E Special Conditions FTIP#: LAF7300 CFP#F7300 FA# 92000000OF7300 Grantee shall report on the implementation of the Plan. As part of the Project closeout, Grantee shall certify that the Plan has been completed, with approval from the LACMTA Sustainability Policy Manager. 4. LACMTA's Sustainability Policy Manager Contact Information: Jacob Lieb liebj Cad metro.net (213) 922-4132 Rev: 1.7.15 2 FA Attachment E Special Conditions L P` r e.rL n � t` a 0' Pa ,L Y+ 8 0 90 rte �A c' 8 e~ ,r: a �s r 4 Y o 9 0 t0 9 a a ParM� `� RO &wc d Project Map LEGEND Dorrwd By Bookwrd Carndor Golden SpmV% Drive Corridor Grand Aven. Corridor e ® Srtu A' httrxc[ion NOT TO $U.1 AIMM D"unwed Bir Adaptive TralFc Cartrol Systan Proje Rs Gty d Di..d By Adaptive Sy,t Rojem Uma CITY COUNCIL Agenda # 6-. 8- --Meeting Date: Dec. 15, 2015 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: David DeBerry, City Attorney TITLE: Resolution No. 2015 -XX: A Resolution of the City Council of the City of Diamond Bar Amending the City of Diamond Bar Compensation Plan RECOMMENDATION: It is recommended that the City Council adopt Resolution No. 2015 -XX amending the City of Diamond Bar Compensation Plan, FINANCIAL SUMMARY: No financial impact associated with this item. BACKGROUND: The City Council adopted Resolution No. 2015-15 adopting and amending the City of Diamond Bar Compensation Plan ("Plan"), which Plan sets forth the various employee classifications and salary steps for City employees. Resolution No. 2015-15 was effective June 27, 2015. Pursuant to Government Code section 20636 the salary of the City Manager should be included in ,a publicly available pay schedule. The City Manager's salary and benefits have been available on the City's website and by this action it will, in addition, be added to the Plan. The City Manager's salary is not modified by this action. DISCUSSION: With the adoption of Resolution No. 2015 -XX, the City Manager's salary will be included in the Plan, as well as any future modifications to the City Manager's salary. 1129204.6 ).2015 -XX Resolution No. 2015- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, AMENDING CITY OF DIAMOND BAR COMPENSATION PLAN WHEREAS, the City Council of the City of Diamond Bar adopted and amended the City of Diamond Bar Compensation Plan for 2015-16 (hereafter, the "Plan") by adoption of Resolution No. 2015-15, which Plan became effective on June 27, 2015; and WHEREAS, Plan includes City employee classifications and their salary schedules; and WHEREAS, the City Council of the City of Diamond Bar desires to include in the Plan the salary of the City Manager. NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Diamond Bar, does hereby amend the Employee Salary Schedule to add the salary of the City Manager. PASSED AND ADOPTED this day of December, 2015. Nancy A. Lyons, 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 the day of December, 2015, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ATTEST: Tommye A. Cribbins, City Clerk City of Diamond Bar 1128932.1 Agenda # 6.9 Meering Date: Dec. 15, 2015 COUNCILAGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: David DeBerry, City, Attorney TITLE:, Amended and Restated City Manager Emplot ment Agreement RECOMMENDATION: The City Council Evaluation Committee recommends approval. BACKGROUND: The City Manager's contract was entered into in July of 2006, and other than salary increases, has not been amended since. The proposed Amended and Restated Employment Agreement with the City Manager ("Contract") will update the Contract to be consistent with the use of existing terms, to reflect changes in the law, to correct some editing errors and to provide the City Manager with five days of additional vacation and sick leave. The City Manager Evaluation Committee consisting of then Mayor Steven Tye and then Mayor Pro Tem Nancy Lyons expressed its desire to provide additional compensation to City Manager Jim DeStefano to reflect the nearly 10 years of experience he now has a City Manager and his excellent performance during that time in managing the day to day and annual affairs of the City. Except as noted above, the City Manager's compensation is otherwise not modified by this action. FINANCIAL SUMMARY: The City Manager receives the same vacation and sick leave as other full-time City employees and may upon accruing specified thresholds of vacation and sick leave; annually cash out up to 80 hours of vacation leave at the employees current rate of pay and ,accrued sick leave at one- half the employee's current rate of pay. The maximum financial impact is $6,177:93, but will ultimately depend on whether the City Manager utilizes the additional vacation or sick leave. Such compensation is not considered in calculating retirement benefits. DISCUSSION: With approval of the Contract the additional leave would be provided to the City Manager effective January 1, 2016, ER RE B j David Berry, Cit Atttol ey Attachments: Ann ed and Restated City Manager Contract 1129206.1 AMENDED AND RESTATED EMPLOYMENT AGREEMENT THIS Amended and Restated Employment Agreement ("Agreement") is made and entered into as of this day of December, 2015, by and between the CITY OF DIAMOND BAR, a general law city and municipal corporation (hereinafter "City"), and JAMES DESTEFANO (hereinafter "Employee"), both of whom understand as follows: RECITALS A. City desires to engage the services of Employee, and Employee desires to accept employment as City Manager of the City. B. The City Council desires to: (1) Encourage the highest standards of fidelity and public service on the part of Employee; and (2) Provide a just means for terminating Employee's services at such time as he may be unable fully to discharge his duties, or when City may desire otherwise to terminate his employment. C. The parties entered into that certain Employment Agreement which was approved by the City Council at a public meeting to be effective July 31, 2006 (the "2006 Agreement"). The 2006 Agreement has not been amended since that time. The parties desire to amend and restate the 2006 Agreement to read as set forth herein. D. The parties further desire to establish certain benefits and certain conditions of Employee's employment. NOW, THEREFORE, in consideration of the mutual covenants hereinafter contained the parties agree as follows: 1. Duties. City appoints Employee as City Manager of City to perform the functions and duties specified in City's Municipal Code and the Government Code of the State of California, and to perform such other legally permissible and proper duties and functions as the City Council may from time to time assign. Employee shall not consult or engage in other non -City connected business or employment without the prior knowledge and express written approval of the City Council. 2. Term. This Agreement is effective as of December , 2015 and shall continue in effect unless terminated as provided in Section 3 herein. 3. Tennination and Resignation. A. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the City Council to terminate, by a majority vote of the City Council, the services of Employee without cause, at anytime, subject only to the City providing written notice to Employee, and complying with paragraph D of this Section 3. Notice of termination shall not be given during or within a period of ninety (90) days succeeding any general municipal election held in the City at which members of the City Council are elected. B. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of Employee to resign at any time from his position with City, subject only to Employee providing thirty (30) days prior written notice to the City. C. Notwithstanding the provisions of Paragraph A of this Section 3, in the event Employee is terminated by City for "cause," then City may terminate this Agreement irmnediately and Employee shall be entitled to only the compensation accrued up to the date of termination. As used in this section, "cause" shall mean any of the following: (1) Conviction of any felony. (2) Conviction of a misdemeanor arising directly out of the City Manager's duties pursuant to this Agreement. (3) Conviction of any crime involving moral turpitude. (4) Removal from office by the Grand Jury. (5) Willful abandonment of duties. (6) A pattern of repeated, willful and intentional failure to carry out clear, unambiguous, materially significant and legally constituted policy decisions of the City Council made by the City Council as a body. D. In the event Employee is terminated by the City Council at any time that Employee is still willing and able to perform the duties of City Manager, and the termination is without cause as "cause" is defined in Paragraph C above, then, subject to the limitations set forth in Government Code Section 53260, the City shall pay Employee a lump sum cash payment equal to six (6) month's aggregate salary and benefits. The word "termination" in this paragraph shall include a reduction in salary (other than an across- the-board reduction applicable to all Executive Management employees) or other financial benefits of Employee or Employee's resignation, if preceded by a formal request by a majority of the City Council that he resign. E. Effect of Payment of Severance/Release. (1) This Section applies only to the following matters: (a) any rights of Employee to receive severance benefits under this Agreement, (b) any right of employee to continued employment with City, and (c) any claim, demand, or cause of action or damages for wrongful termination (collectively the "Released Matters"). (2) This Section does not otherwise affect, waive, nor release any other rights Employee may have under this Agreement, or applicable law. (3) Upon City's full payment of severance benefits to Employee and Employee's acceptance thereof, Employee (a) releases and discharges City and its elected officials, appointed officers, employees, sub -contractors, agents, accounts, attorneys, successors and all other persons acting for, under, or in concert with City both past and present from any and all personal claims, demands, actions, causes of action, obligations, damages, liabilities, losses, costs and expenses, including attorney's fees of any kind or nature whatsoever, past, present and future, arising from, relating to or in connection with the Released Matters, and (b) agrees to waive any and all claims, demands, actions, causes of action, obligations, liabilities, claims of credits or offsets, costs and expenses, including attorney's fees, of any kind or nature whatsoever as to the Released Matters. As to the Released Matters only, Employee acknowledges that he has read and understands California Civil Code § 1542 which states: "A general release does not extend to the claims which a creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him, must have materially affected his settlement with the debtor." The parties agree that full payment of the severance benefits in this Agreement and Employee's acceptance thereof, acts as a complete and total release of all future claims which may arise out of the Released Matters whether such claims are currently known or unknown, foreseen or unforeseen, contingent or absolute; and as to the Released Matters the parties intentionally and specifically waive any rights they may have under the provisions of Civil Code § 1542, as well as under any other statutes or common law principles of similar effect, and each party assumes full responsibility for such injuries, damages, losses or liabilities that any of them may hereafter incur with respect to the Released Matters. This section will survive termination of the Agreement. 4. Revolving Door. Employee must comply with Government Code § 87406.3 for a period of one year after separating from service with City. This section will survive termination of this Agreement. 5. Salary. Under the 2006 Agreement City agreed to pay Employee for the services required by this Agreement a base annual salary of One Hundred Fifty Seven Thousand Dollars ($157,000.00) payable in installments at the same time as other employees of the City are paid and to maintain a greater than fifteen (15) percent salary differential between the highest step of the salary range for the Assistant City Manager and Employee. Pursuant to the 2006 Agreement and this Agreement and Resolution Nos. 2007-46, 2008-20, 2010-13, 2011-25, 2012-32, 2013-10, 2014-12, 2014-20, 2015-15, the Employee's salary has been increased during the tern of this Agreement to reflect this 15 percent differential, so that as of the effective date of this Agreement, Employee's salary is $214,168.44, which salary shall be reflected in the City's employee salary schedule. The City agrees to maintain Employee's salary at fifteen (15) percent higher than the highest step of the salary range for the Assistant City Manager. City agrees to pay Employee a monthly car allowance of Five Hundred Dollars ($500) per month. The car allowance is intended to reimburse Employee for the use of his private vehicle for City business. Employee must provide his own automobile for his use in performing his duties and is responsible for all maintenance, repair, fuel and insurance expenses for said vehicle. At the time of his annual evaluation, City agrees to evaluate Employee's salary and/or any other benefits Employee receives under this Agreement and to make modifications in such amounts and to such an extent as City Council in its discretion may determine that it is desirable to do so. 6. Hours of Work. Employee shall work a 9/80 -work schedule, meaning that he is entitled to be off work on alternate Fridays. That notwithstanding, Employee's duties may involve expenditures of time in excess of nine (9) hours per day, eighty (80) hours per two week period, and will also include time outside normal office hours such as attendance at City Council and other meetings. Employee shall be exempt from paid overtime compensation. 7. Retirement and Insurance Benefits. A. Retirement. During the term of this Agreement, City shall contribute to employer's and Employee's portion of Employee's membership in the Public Employees Retirement System. Employee shall pay any legally required Social Security withholding. B. Medical and Other Insurance. City shall provide Employee with the same health insurance, disability insurance and life insurance benefits as is provided to Executive Management employees of the City to be applied towards a cafeteria plan for purchase of health, dental, vision, life insurance and other similar benefits at Employee's election. C. Other Insurance. City shall provide and pay for all other insurance mandated by State law. D. Termination of Benefits. Notwithstanding the foregoing, City's obligation to pay Employee health benefits, including dependents, terminates upon the employment of Employee by another employer on the date such benefits are effective for Employee. 8. Sick Leave, Vacation and Holidays. A. Leave. Employee shall be entitled to sick leave, vacation leave, administrative leave, floating holiday and bereavement leave in the same manner as Executive Management employees of the City. Employee shall accrue leave time at the same monthly rate as provided to Executive Management employees with Employee's tenure. Effective January 1, 2016, Employee shall be credited with an additional 40 hours of vacation leave and 40 hours of sick leave and annually thereafter. B. Holidays. Employee shall be entitled to the same number of paid holidays per year as provided to other City employees. 9. Professional Development. City agrees to budget for and pay travel and subsistence expenses of Employee for professional travel, official travel, meetings necessary to pursue official and other functions for the City and to continue professional development of Employee, to the extent deemed reasonable by the City Council. 10. Memberships. City agrees to pay Employee's membership dues in the International City Management Association ("ICMA"), Californias League of Cities and other similar organizations to which City is a member, at City expense with prior City approval. Employee shall have a reasonable right to attend meetings of such organizations. City agrees to pay for such other professional membership dues and subscriptions as are approved in advance by the City Council. 11. General Expenses. City recognizes that certain extraordinary expenses of a rionpersonal and job affiliated nature may be incuiTed by Employee. City agrees to reimburse Employee for reasonable expenses which are submitted to the City Council within thirty (30) days for approval and which are supported by expense receipts, statements or personal affidavits, and an audit thereof in like maimer as other demands against the City. 12. Evaluation of Performance. On or about the twelfth (12th) -month anniversary of the commencement of this Agreement, the City Council shall review and provide Employee with an evaluation of his performance based on criteria established by the Council with Employee's assistance. The City Council shall conduct such evaluation annually thereafter. Notwithstanding the foregoing, the City Council may evaluate Employee at any time. 13. Other Terms and Conditions of Employment. The City Council may from time to time fix other terms and conditions of employment relating to the performance of Employee provided such terms and conditions are not inconsistent with or in conflict with the provisions of this Agreement, the Municipal Code, or other applicable law. 14. General Provisions. A. The text herein shall constitute the entire agreement between the parties. B. If Employee dies or becomes incapacitated during the term of this Agreement, any accrued and unpaid wages provided by the tenns of this Agreement shall be paid by City to Employee's spouse. C. If any provision or portion hereof contained in this Agreement is held to be unconstitutional, invalid or unenforceable the remainder of this Agreement or portion thereof shall be deemed severable and shall not be affected and shall remain in full force and effect. D. City agrees to defend and indemnify Employee in accordance with the California Govermnent Code. E. City shall bear the cost of any fidelity or other bonds required of Employee under any law or ordinance. This Agreement may be changed or amended by the mutual written consent of City and Employee. Any benefits to Employee under this Agreement may be increased or added to by motion of the City Council without formal amendment to the Agreement. F. Employee is expected to conform to the ICMA Code of Ethics and must comply with all applicable provisions of the City's conflict of interest code. IN WITNESS WHEREOF the parties have executed this Agreement as of the day and year first above written. EMPLOYEE JAMES DESTEFANO CITY OF DIAMOND BAR NANCY A. LYONS MAYOR ATTEST: CITY CLERK, TOMMYE CRIBBINS APPROVED AS TO FORM: DAVID DEBERRY, CITY ATTORNEY CITY COUNCIL Agenda # 6. 10 Meeting Date: December 15, 2015 AGENDA REPORT TO: Honorable Mayor and Members of the City Council FROM: James DeStefano, City Man r 7 TITLE: Resolution No. 2015 -XX: Authon ing the City Manager to Enter Into A Five Year Administrative Services Agreement with ICMA-RC For 457 Deferred Compensation Plan Services. RECOMMENDATION: Adopt FINANCIAL IMPACT: None BACKGROUND/DISCUSSION: The City of Diamond Bar has provided a voluntary 457 deferred compensation plan for its employees and Council Members for over 15 years. Plan participants may voluntarily contribute to the plan on a pre-tax basis towards their retirement. The City has used one vendor, ICMA- RC as their 457 plan record keeper for the entire life of the plan. During that time, the investment landscape has changed. This has created opportunities for cities to take advantage of a more competitive market for investment diversification, more investment options and more flexibility of an open architecture model. In May of 2013, Fiduciary Experts, LLC began working with the City's Finance Department staff by assisting in putting in place best practices for the monitoring and oversight of the 457 deferred compensation plan. In the fall of 2014, the City created a committee made up of 5 employees/plan participants, the City Manager, the Finance Director and the Human Resources Manager with two general staff seats. Part of the duties of the committee was (with guidance from Fiduciary Experts) to create an Investment Policy Statement and establish the basis for reviewing and analyzing the quality of investment funds available to participants under the platform offered by ICMA-RC. A critical part of the committee's oversight duties is to understand the plan costs and provide that these costs are reasonable. The committee conducted a study of the current 457 deferred compensation plans as part of their continued oversight of such assets to gain a full and clear understanding of the plan costs and how they compare to other similar plans. The committee reviewed the results in order to understand the opportunity for improvement and in order to comply with their fiduciary responsibility to the plan participants. Negotiations began immediately after the benchmark report was issued as a means to tighten up the current plan and prepare for an upcoming Request for Information (RFI). ICMA-RC was made aware that the plan could go out for the RFI and did not improve the cost of the plan at this point. The RFI was designed and approved by the committee in the spring of 2014. Final responses to the RFI were accepted on August 30, 2014. There were 8 responses to the RFI, including one from ICMA-RC. The RFl process created opportunities for improvement to the existing ICMA-RC contract such as the ability to renegotiate and re -price the current record keeper, ICMA-RC, and press it out of its high administrative costs so that in the future the plan participants could benefit from these cost savings and plan improvements. By renegotiating the terms of the plan, the savings are significant. ICMA-RC has agreed to move away from a sole proprietary product and allow a hybrid fund system with the capability to use an extensively larger menu of funds available to the plan. Costs borne by plan participants also dropped by the removal of the administrative fee by creating a system where a single cost basis is used with any excess revenue from expense ratio going back to the 457 deferred compensation plan. These funds can be credited back to plan participant accounts on a pro - rata basis. A summary of the savings is as follows: Current Plan Costs New Plan Costs Savings 148 bps or $74,000 75 bps or $37,500 73 bps or $36,500 The annual total savings of $36,500 will continue to grow as assets in the plan increase. Recordkeeping fees under the current plan make up 94 bps or $47,000 of the $74,000. Under the new plan costs the recordkeeping portion of the fee has been reduced to 33 bps or $16,500. It is recommended that the City Council approve Resolution No. 2015 -XX adopting the Administrative Services Agreement with ICMA-RC for Deferred Compensation Plan Services. PREPARED BY: Dianna Honeywell Finan' e Director D: Resources Manager Attachments: 1. Resolution No. 2015 -XX Authorizing the City Manager to Enter Into A Five Year Administrative Services Agreement with ICMA-RC 2. ICMA-RC Administrative Services Agreement Attachment 1 RESOLUTION NO. 2015 -XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN ADMINISTRATIVE SERVICES AGREEMENT WITH ICMA-RC FOR 457 DEFERRED COMPENSATION PLAN SERVICES A. RECITALS WHEREAS, the City of Diamond Bar provides a voluntary 457 deferred compensation plan for its employees; and WHEREAS, the City of Diamond Bar has a fiduciary responsibility to the 457 plan participants to ensure quality of investment funds and that plan costs are reasonable; and WHEREAS, the City's Deferred Compensation Plan Committee negotiated new terms of the plan which resulted in cost savings and investment option improvements. B. RESOLUTION. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That the City Council of the City of Diamond Bar hereby authorizes the City Manager, or his or her designee, to execute all documents related to the Administrative Services Agreement with ICMA-RC set forth in Attachment 2. PASSED, APPROVED AND ADOPTED THIS 15th Day of December, 2015. Nancy A. Lyons, Mayor I, Tommye Cribbins, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at a regular meeting of the City Council of the City of Diamond Bar held on the 15th day of December, 2015, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: Tommye Cribbins, City Clerk ADMINISTRATIVE SERVICES AGREEMENT Between ICM" Retirement Corporation and City of Diamond Bar Type: 401 Account #: 109412 Type: 457 Account #: 303248 RS Attachment 2 Plan numbers 109412, 303248 ADMINISTRATIVE SERVICES AGREEMENT This Administrative Services Agreement ("Agreement"), made as of the day of , 2014 (herein referred to as the "Inception Date"), between the International City Management Association Retirement Corporation ("ICMA-RC"), a nonprofit corporation organized and existing under the laws of the State of Delaware, and the City of Diamond Bar ("Employer"), a City organized and existing under the laws of the State of California with an office at 21810 Copley Drive, Diamond Bar, California 91765. RECITALS Employer acts as public plan sponsor of a retirement plan ("Plan"), and in that capacity, has responsibility to obtain administrative services and investment alternatives for the Plan; VantageTrust is a group trust established and maintained in accordance with New Hampshire Revised Statutes Annotated section 391:1 and Internal Revenue Service Revenue Ruling 81-100, 1981-1 C.B. 326, which provides for the commingled investment of retirement funds held by various state and local governmental units for their employees; ICMA-RC acts as investment adviser to VantageTrust Company, LLC, the Trustee of VantageTrust; ICMA-RC has designed, and VantageTrust offers, a series of separate funds (the "Funds") for the investment of plan assets as referenced in VantageTrust's principal disclosure document, "Making Sound Investment Decisions: A Retirement Investment Guide" and the accompanying VantageTrust Fund Fees and Expenses document ("Retirement Investment Guide"); The Funds are available only to public employers and only through VantageTrust and ICMA-RC; and In addition to serving as investment adviser to VantageTrust, ICMA-RC provides a range of services to public employers for the operation of employee retirement plans including, but not limited to, communications concerning investment alternatives, account maintenance, account recordkeeping, investment and tax reporting, transaction processing, benefit disbursement, and asset management. 2 Plan numbers 109412, 303248 AGREEMENTS Appointment of ICMA-RC Employer hereby appoints ICMA-RC as Administrator of the Plan to perform all nondiscretionary functions necessary for the administration of the Plan. The functions to be performed by ICMA-RC shall be those set forth in Exhibit A to this Agreement. 2. Adoption of Trust Employer has adopted the Declaration of Trust of VantageTrust Company and agrees to the commingled investment of assets of the Plan within VantageTrust. Employer agrees that the investment, management, and distribution of amounts deposited in VantageTrust shall be subject to the Declaration of Trust, as it may be amended from time to time and shall also be subject to terms and conditions set forth in disclosure documents (such as the Retirement Investment Guide or Employer Bulletins) as those terms and conditions may be adjusted from time to time. 3. Exclusivitv Aereement Employer agrees that for the initial or succeeding term of this Agreement specified in Section 10, so long as ICMA-RC continues to perform in all material respects the services to be performed by it under this Agreement, Employer shall not obtain plan administration from anyone other than ICMA-RC. Employer acknowledges that ICMA- RC has agreed to the compensation to be paid to ICMA-RC under this Agreement in the expectation that ICMA-RC will be able to offset costs allocable to performing this Agreement with revenues arising from Employer's exclusive use of ICMA-RC at the rates provided herein throughout the initial or succeeding term. 4. Emplover Dutv to Furnish Information Employer agrees to furnish to ICMA-RC on a timely basis such information as is necessary for ICMA-RC to carry out its responsibilities as Administrator of the Plan, including information needed to allocate individual participant accounts to Funds in VantageTrust, and information as to the employment status of participants, and participant ages, addresses, and other identifying information (including tax identification numbers). Employer also agrees that it will notify ICMA-RC in a timely manner regarding changes in staff as it relates to various roles. This is to be completed through the online EZLink employer contact options. ICMA-RC shall be entitled to rely upon the accuracy of any information that is furnished to it by a responsible official of the Employer or any information relating to an individual participant or beneficiary that is furnished by such participant or beneficiary, and ICMA-RC shall not be responsible for any error arising from its reliance on such information. ICMA-RC will provide reports, statements and account information to the Employer through EZLink, the online plan administrative tool. Plan numbers 109412, 303248 Employer is required to send in contributions through EZLink, the online plan administration tool provided by ICMA-RC. Alternative electronic methods may be allowed, but must be approved by ICMA-RC for use. Contributions may not be sent through paper submittal documents. To the extent Employer selects third -party funds that do not have fund profile information provided to ICMA-RC through our electronic data feeds from external sources (such as Morningstar) or third party fund providers, the Employer is responsible for providing to ICMA-RC timely fund investment updates for disclosure to Plan participants. Such updates may be provided to ICMA-RC through the Employer's investment consultant or other designated representative. Failure to provide timely fund profile update information, including the source of the information, may result in a lack of fund information for participants, as ICMA-RC will remove outdated fund profile information from the systems that provide fund information to Plan participants. 5. Certain Representations and Warranties ICMA-RC represents and warrants to Employer that: (a) ICMA-RC is a non-profit corporation with full power and authority to enter into this Agreement and to perform its obligations under this Agreement. The ability of ICMA-RC to serve as investment adviser to VantageTrust is dependent upon the continued willingness of VantageTrust for ICMA-RC to serve in that capacity. (b) ICMA-RC is an investment adviser registered as such with the U.S. Securities and Exchange Commission under the Investment Advisers Act of 1940, as amended. (c)(i) ICMA-RC shall maintain and administer the Plan in accordance with the requirements for eligible deferred compensation plans under Section 457 of the Internal Revenue Code and other applicable federal law; provided, however, that ICMA-RC shall not be responsible for the eligible status of the Plan in the event that the Employer directs ICMA-RC to administer the Plan or disburse assets in a manner inconsistent with the requirements of Section 457 or otherwise causes the Plan not to be carried out in accordance with its terms. Further, in the event that the Employer uses its own customized plan document, ICMA-RC shall not be responsible for the eligible status of the Plan to the extent affected by terms in the Employer's plan document that differ from those in ICMA-RC's standard plan document. ICMA-RC shall not be responsible for monitoring state or local law or for administering the Plan in compliance with local or state requirements unless Employer notifies ICMA-RC of any such local or state requirements. Plan numbers 109412, 303248 (c)(ii) ICMA-RC shall maintain and administer the Plan in accordance with the requirements for plans which satisfy the qualification requirements of Section 401 of the Internal Revenue Code and other applicable federal law; provided, however, ICMA-RC shall not be responsible for the qualified status of the Plan in the event that the Employer directs ICMA- RC to administer the Plan or disburse assets in a manner inconsistent with the requirements of Section 401 or otherwise causes the Plan not to be carried out in accordance with its terms; provided, further, that if the plan document used by the Employer contains terms that differ from the terms of ICMA-RC's standardized plan document, ICMA-RC shall not be responsible for the qualified status of the Plan to the extent affected by the differing terms in the Employer's plan document. ICMA-RC shall not be responsible for monitoring state or local law or for administering the Plan in compliance with local or state requirements unless Employer notifies ICMA-RC of any such local or state requirements. Employer represents and warrants to ICMA-RC that: (d) Employer is organized in the form and manner recited in the opening paragraph of this Agreement with full power and authority to enter into and perform its obligations under this Agreement and to act for the Plan and participants in the manner contemplated in this Agreement. Execution, delivery, and performance of this Agreement will not conflict with any law, rule, regulation or contract by which the Employer is bound or to which it is a party. (e) Employer understands and agrees that ICMA-RC's sole function under this Agreement is to act as recordkeeper and to provide administrative, investment or other services at the direction of Plan participants, the Employer, its agents or designees in accordance with the terms of this Agreement. Under the terms of this Agreement, ICMA-RC does not render investment advice, is not the Plan Administrator or Plan Sponsor as those terms are defined under applicable federal, state, or local law, and does not provide legal, tax or accounting advice with respect to the creation, adoption or operation of the Pian and its related trust. ICMA-RC does not perform any service under this Agreement that might cause ICMA-RC to be treated as a "fiduciary" of the Plan under applicable law. (f) Employer acknowledges and agrees that ICMA-RC does not assume any responsibility with respect to the selection or retention of the Plan's investment options. Employer shall have exclusive responsibility for the Plan's investment options, including the selection of the applicable mutual fund share class. Where applicable, Employer understands that the VT Retirement Income Advantage Fund is an investment option for the Plan and that the fund invests in a separate account available through a group variable annuity contract. By entering into this Agreement, Employer acknowledges that it has received the Important Considerations document Plan numbers 109412, 303248 and the Retirement Investment Guide and that it has read the information therein concerning the VT Retirement Income Advantage Fund. (g) Employer acknowledges that certain such services to be performed by ICMA-RC under this Agreement may be performed by an affiliate or agent of ICMA-RC pursuant to one or more other contractual arrangements or relationships, and that ICMA-RC reserves the right to change vendors with which it has contracted to provide services in connection with this Agreement without prior notice to Employer. (h) Employer acknowledges that it has received ICMA-RC's Fee Disclosure Statement, prepared in substantial conformance with ERISA regulations regarding the disclosure of fees to plan sponsors. (i) Employer approves the use of its Plan in 1CMA-RC external media, publications and materials. Examples include press releases announcements and inclusion of the general plan information in request for proposal responses. 6. Participation in Certain Proceedings The Employer hereby authorizes ICMA-RC to act as agent, to appear on its behalf, and to join the Employer as a necessary party in all legal proceedings involving the garnishment of benefits or the transfer of benefits pursuant to the divorce or separation of participants in the Plan. Unless Employer notifies ICMA-RC otherwise, Employer consents to the disbursement by ICMA-RC of benefits that have been garnished or transferred to a former spouse, current spouse, or child pursuant to a domestic relations order or child support order. Compensation and Payment (a) ICMA-RC's compensation under this Agreement shall be as set forth in subsection (c) below. (b) Revenue Requirement. ICMA-RC shall receive total annual aggregate recordkeeping revenue of 0.33% from investment options offered by the Plan. ICMA-RC shall provide an administrative allowance quarterly to the Employer or to the Plan in an amount equal to any revenue in excess of the revenue requirement. In the event that recordkeeping revenue received by ICMA-RC from investment options offered by the Plan falls below the revenue requirement, 1CMA-RC and the Employer shall mutually agree upon a method to make up the shortfall necessary to meet the revenue requirement. Employer understands that the Plan administrative allowance is to be used only to pay for reasonable plan administrative expenses of the Plan or allocated to Plan participants at the instruction of the Employer. Plan numbers 109412, 303248 (c) Compensation for Management Services to VantageTrust, Compensation for Advisory and other Services to The Vantagepoint Funds and Payments from Third -Party Mutual Funds. Employer acknowledges that, in addition to amounts payable under this Agreement, ICMA-RC receives fees from VantageTrust for investment advisory services and plan and participant services furnished to VantageTrust. Employer further acknowledges that certain wholly owned subsidiaries of ICMA-RC receive compensation for advisory and other services furnished to The Vantagepoint Funds, which serve as the underlying portfolios of a number of Funds offered through VantageTrust. For a VantageTrust Fund that invests substantially all of its assets in a third -party mutual fund not affiliated with ICMA-RC, ICMA-RC or its wholly owned subsidiary receives payments from the third -party mutual fund families or their service providers in the form of 12b-1 fees, service fees, compensation for sub -accounting and other services provided based on assets in the underlying third -party mutual fund. These fees are described in the Retirement Investment Guide and ICMA-RC's fee disclosure statement. In addition, to the extent that third party mutual funds are included in the investment line-up for the Plan, ICMA-RC receives administrative fees from its third party mutual fund settlement and clearing agent for providing administrative and other services based on assets invested in third party mutual funds; such administrative fees come from payments made by third party mutual funds to the settlement and clearing agent. (d) Redemption Fees. Redemption fees imposed by outside mutual funds in which Plan assets are invested are collected and paid to the mutual fund by ICMA-RC. ICMA-RC remits 100% of redemption fees back to the specific mutual fund to which redemption fees apply. These redemption fees and the individual mutual fund's policy with respect to redemption fees are specified in the prospectus for the individual mutual fund and referenced in the Retirement Investment Guide. (e) Payment Procedures. All payments to ICMA-RC pursuant to this Section 7 shall be made from Plan assets held by VantageTrust or received from third -parry mutual funds or their service providers in connection with Plan assets invested in such third -party mutual funds, to the extent not paid by the Employer. The amount of Plan assets administered by ICMA-RC shall be adjusted as required to reflect any such payments as are made from the Plan. In the event that the Employer agrees to pay amounts owed pursuant to this Section 7 directly, any amounts unpaid and outstanding after 30 days of invoice to the Employer shall be withdrawn from Plan assets. The compensation and payment in this Section 7 will take effect in the calendar quarter following receipt of one fully executed copy of this Administrative Services Agreement based upon the following schedule: 0 Agreement received by February 20 — Effective April Plan numbers 109412, 303248 • Agreement received by May 20 — Effective July • Agreement received by August 20 — Effective October • Agreement received by November 20 — Effective January Employer further acknowledges and agrees that compensation and payment under this Agreement shall be subject to re -negotiation in the event that the Employer chooses to implement additional funds not on ICMA-RC's mutual fund platform. 8. Contribution Remittance Employer understands that amounts invested through VantageTrust are to be remitted directly to VantageTrust in accordance with instructions provided to Employer by ICMA- RC and are not to be remitted to ICMA-RC. In the event that any check or wire transfer is incorrectly labeled or transferred to ICMA-RC, ICMA-RC may return it to Employer with proper instructions. 9. Indemnification ICMA-RC shall not be responsible for any acts or omissions of any person with respect to the Plan or its related trust, other than ICMA-RC in connection with the administration or operation of the Plan. Employer shall indemnify ICMA-RC against, and hold ICMA- RC harmless from, any and all loss, damage, penalty, liability, cost, and expense, including without limitation, reasonable attorney's fees, that may be incurred by, imposed upon, or asserted against ICMA-RC by reason of any claim, regulatory proceeding, or litigation arising from any act done or omitted to be done by any individual or person with respect to the Plan or its related trust, excepting only any and all loss, damage, penalty, liability, cost or expense resulting from ICMA-RC's negligence, bad faith, or willful misconduct. 10. Term This Agreement shall be in effect and commence on the date all parties have signed and executed this Agreement ("Inception Date"). The term of this Agreement will commence on the Inception Date and extend five (5) years from that date. This Agreement will be renewed automatically for each succeeding year unless written notice of termination is provided by either party to the other no less than 60 days before the end of such Agreement year. The Employer understands and agrees that, in the event the Employer terminates this Agreement (or replaces the VT PLUS Fund as an investment option in its investment line-up), ICMA-RC retains full discretion to release Plan assets invested in the VT PLUS Fund in an orderly manner over a period of up to 12 months from the date ICMA-RC receives written notification from the Employer that it has made a final and binding selection of a replacement for ICMA-RC as administrator of the Plan (or a replacement investment option for the VT PLUS Fund). 11. Amendments and Adjustments (a) This Agreement may be amended by written instrument signed by the parties. Plan numbers 109412, 303248 (b) ICMA-RC may amend this agreement by providing 60 days' advance written notice to the Employer prior to the effective date of such proposed amendment. Such amendment shall become effective unless, within the 60 -day notice period, the Employer notifies ICMA-RC in writing that it objects to such amendment. (c) The parties agree that enhancements may be made to administrative and operations services under this Agreement. The Employer will be notified of enhancements through the Employer Bulletin, quarterly statements, electronic messages or special mailings. Likewise, if there are any reductions in fees, these will be announced through the Employer Bulletin, quarterly statement, electronic or special mailing. 12. Notices All notices required to be delivered under this Agreement shall be in writing and shall be delivered, mailed, e-mailed or faxed to the location of the relevant party set forth below or to such other address or to the attention of such other persons as such party may hereafter specify by notice to the other party. ICMA-RC: Legal Department, ICMA Retirement Corporation, 777 North Capitol Street, N.E., Suite 600, Washington, D.C., 20002-4240 Facsimile; (202) 962-4601 Employer: at the office set forth in the first paragraph hereof, or to any other address, facsimile number or e-mail address designated by the Employer to receive the same by written notice similarly given. Each such notice, request or other communication shall be effective: (i) if given by facsimile, when transmitted to the applicable facsimile number and there is appropriate confirmation of receipt; (ii) if given by mail or e-mail, upon transmission to the designated address with no indication that such address is invalid or incorrect; or (iii) if given by any other means, when actually delivered at the aforesaid address. 13. Complete Aereement This Agreement shall constitute the complete and full understanding and sole agreement between ICMA-RC and Employer relating to the object of this Agreement and correctly sets forth the complete rights, duties and obligations of each parry to the other as of its date. This Agreement supersedes all written and oral agreements, communications or negotiations among the parties. Any prior agreements, promises, negotiations or representations, verbal or otherwise, not expressly set forth in this Agreement are of no force and effect. E Plan numbers 109412, 303248 14. Titles The headings of Sections of this Agreement and the headings for each of the attached schedules are for convenience only and do not define or limit the contents thereof. 15. Incorporation of Schedules All Schedules (and any subsequent amendments thereto), attached hereto, and referenced herein, are hereby incorporated within this Agreement as if set forth fully herein. 16. Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of California, applicable to contracts made in that jurisdiction without reference to its conflicts of laws provisions. In Witness Whereof, the parties hereto certify that they have read and understand this Agreement and all Schedules attached hereto and have caused this Agreement to be executed by their duly authorized officers as of the Inception Date first above written. CITY OF DIAMOND BAR IC Signature Name and Title (Please Print) Date INTERNATIONAL CITY MANAGEMENT ASSOCIATION RETIREMENT CORPORATION By Andela C. Montez Assistant Corporate Secretary Please return fully executed contract to: New Business Services ICMA-RC 777 North Capitol Street NE Suite 600 Washington DC 20002-4240 10 Plan numbers 109412, 303248 Exhibit A Administrative Services The administrative services to be performed by ICMA-RC under this Agreement shall be as follows: (a) Participant enrollment services, including providing a welcome package and enrollment kit containing instructions and notices necessary to implement the Plan's administration. Employees will enroll online or through a paper form. ICN/1A-RC will provide an enrollment link through the general ICMA-RC web site as appropriate.. Employer will also make available the online enrollment link in their Intranet site or via email to new employees. Employer can also enroll employees through EZLink. (b) Establishment of participant accounts for each employee participating in the Plan for whom ICMA-RC receives appropriate enrollment instructions. ICMA-RC is not responsible for determining if such Plan participants are eligible under the terms of the Plan. (c) Allocation in accordance with participant directions received in good order of individual participant accounts to investment funds offered under the Plan. (d) Maintenance of individual accounts for participants reflecting amounts deferred, income, gain or loss credited, and amounts distributed as benefits. (e) Maintenance of records for all participants for whom participant accounts have been established. These files shall include enrollment instructions (provided to ICMA-RC through Account Access or EZLink), beneficiary designation instructions and all other and documents concerning each participant's account. Provision of periodic reports to the Employer through EZLink Participants will have access to account information through Investor Services, Voice Response System, Account Access and through quarterly statements that can be delivered electronically through Account Access or by postal service. (f) Communication to participants of information regarding their rights and elections under the Plan. (g) Making available Investor Services Representatives through a toll-free telephone number from 8:30 a.m. to 9:00 p.m. Eastern Time, Monday through Friday (excluding holidays and days on which the securities markets or ICMA-RC are closed for business (including emergency closings), to assist participants. (h) Distribution of benefits as agent for the Employer in accordance with terms of the Plan. Participants who have separated from service can request distributions through Account Access or via form. 11 Plan numbers 109412, 303248 (i) Upon approval by the Employer that a domestic relations order is an acceptable qualified domestic relations order under the terms of the Plan, ICMA-RC will establish a separate account record for the alternate payee and provide for the investment and distribution of assets held there under. (j) Loans may be made available on the terms specified in the Loan Guidelines, if loans are adopted by the Employer. Participants can request loans through Investor Services or Account Access. (k) Guided Pathways — Participant Advice and Guidance may be made available through a third party vendor on the terms specified on ICMA- RC's website. (1) ICMA-RC will determine appropriate delivery method (electronic and/or print) for plan sponsor/participant communications and education based on a number of factors (audience, effectiveness, etc.). 12 Agenda # _6 .11 Meeting Date: December 15, 2015 CITY COUNCIL AGENDA REPORT tN�i)]iPfIRT�� j98g TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Man TITLE: APPROVE CONTRACT AMEND ENT NO. 1 TO THE CONSULTING SERVICES AGREEMENT WITH TAIT & ASSOCIATES FOR CONSTRUCTION ADMINISTRATION SERVICES FOR RONALD REAGAN PARK AND CARLTON PETERSON PARK PARKING LOTS REHABILITATION PROJECT, IN THE AMOUNT OF $40,000. RECOMMENDATION: Approve. FINANCIAL IMPACT: On October 21, 2014, Council approved the Consulting Services Agreement for Civil Engineering Design, Construction Administration/ Inspection, and Construction Survey for the Ronald Reagan Park and Carlton Peterson Park Parking Lot Rehabilitation Project with TAIT & Associates in the amount of $109,685 with a contingency amount of $11,000 for a total authorization of $120,685. Contract Amendment No. 1 will increase the total authorized contract amount to $160,685. The approved FY 15-16 CIP budget includes a total amount of $635,465 of General Funds for the Ronald Reagan Park and Carlton Peterson Park Parking Lot Rehabilitation Project. To date a total of $452,131.30 has been encumbered for the construction contract awarded to E.C. Construction with an authorized contingency amount of $45,000. A balance of $138,333.70 of General Funds remains in the project budget. FYI 5-16 Budget for Ronald Reagan Park and Carlton Peterson Park Parking Lot Rehabilitation Project City Project # 26015 & 26215 Budget Encumbrance Balance General Fund $635,465.00 $635,465.00 E.C. Construction $452,131.30 $183,333.70 Contingency $45,000.00 $138,333.70 Contract Amendment No. 1 TAIT & Associates $40,000.00 $98,333.70 BACKGROUNDMISCUSSION: A Notice to Proceed for the construction of the Ronald Reagan Park and Carlton Peterson Park Parking Lot Rehabilitation Project was issued on August 10, 2015 with a construction start date of August 17, 2015 and a projected construction completion date of September 29, 2015. Due to the delays described below, the Contractor's projected construction completion date is now December 18, 2015. The construction of the turn -around area removal, asphaltic concrete pavements, with limited areas of Portland cement concrete (PCC) pavements has been completed at Ronald Reagan Park parking lot. However, the Contractor encountered delays due to unforeseen underground conditions and weather impacts which have extended the construction duration during the course of the project at Carlton Peterson Park parking lot. At the early stage of the project, unmarked irrigation lines were damaged during the sidewalk excavation operations at Carlton Peterson Park parking lot. As a result, the first schedule delay was incurred in order for the relocation of the irrigation lines to be redesigned and completed. Additionally, a shallow Verizon conduit was discovered during the excavation operation of the parking lot of Carlton Peterson Park. In order to avoid conflicts during the installation of the new ADA ramps and new asphalt of the parking lot, a new conduit was installed to comply with the Green Book minimum depth of utility lines creating a second delay in the project schedule. Prior to the installation of the new sidewalk, it was observed that the Women's restroom privacy wall was leaning at Carlton Peterson Park parking lot. The City requested that the contractor remove the existing leaning wall and install a new wall creating a third delay in the project schedule with the placement of the concrete sidewalk. During the grading operation of Carlton Peterson Park parking lot, a shallow high voltage electrical line encasement was found within the proposed parking stalls of the parking lot. As a result of this conflict with the high voltage electrical line encasement, the grading and sub base compacting operations at this location were postponed until the relocation of high voltage electrical line was completed creating a fourth delay in the project schedule. As a result of the extended schedule, the overall construction timeline was extended from 30 working days to 84 working days thereby requiring additional construction management and inspection services by TAIT & Associates. A proposal for $40,000 has been submitted by TAIT & Associates for construction inspection services required to complete the project. The construction contract awarded to E.C. Construction remains under the Council authorized contract amount. 2 PREPARED BY: John Beshay, Associate Engineer REVIEWED BY: G. Liu, rector of Public Works Attachments: Amendment No. 1 DATE PREPARED: December 09, 2015 Dianna Honeywell, Finance Director AMENDMENT NO. 1 TO CONSULTANT SERVICES AGREEMENT This Amendment No. 1 to Consultant Services Agreement ("Amendment No. 1") is made and entered into as of December 15, 2015, by and between the City of Diamond Bar, a municipal corporation ("City"), and TAIT & Associates, a California corporation, (herein referred to as the "Consultant') with reference to the following: A. The City and the Consultant entered into that certain Consultant Services Agreement dated as of October 21, 2014, which is incorporated herein by this reference (the "Original Agreement'); and B. The City and the Consultant desire to amend the Original Agreement to modify, amend and supplement certain portions of the Original Agreement. NOW, THEREFORE, the parties hereby agree as follows: 1. Defined Terms. Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Agreement. 2. Revised Scope of Services. The Scope of Services, Exhibit "A" to the Original Agreement, is hereby amended, modified and supplemented to include the services described on Exhibit "A" attached hereto and incorporated herein by this reference. 3. Compensation. The total not -to -exceed compensation set forth in Section 3 of the Original Agreement was the sum of One Hundred Nine Thousand Six Hundred Eighty-five Dollars ($109,685.00) with a contingency amount of Eleven Thousand Dollars ($11,000). Section 3 of the Original Agreement is hereby amended to provide for an increase of Forty Thousand Dollars ($40,000) so that the total not -to -exceed compensation, as amended by this Amendment No. 1 shall not exceed One Hundred Sixty Thousand Six Hundred Eighty-five Dollars ($160,685.00). 4. Integration. This Amendment No. 1 and all attachments hereto (if any) integrate all of the terms and conditions mentioned herein, and supersede all negotiations with respect hereto. This Amendment No. 1 amends, as set forth herein, the Original Agreement and except as specifically amended hereby, the Original Agreement shall remain in full force and effect. To the extent that there is any conflict or inconsistency between the terms and provisions of this Amendment No. 1 and the terms and provisions of the Original Agreement, the terms and provisions of this Amendment No. 1 shall control. 1 IN WITNESS hereof, the parties enter into this Amendment No. 1 on the year and day first above written. "CONSULTANT" TAIT & Associates *By: Printed Name: Title: "CITY" CITY OF DIAMOND BAR M Nancy A. Lyons, Mayor ATTEST: City Clerk APPROVED AS TO FORM: City Attorney 'NOTE: If Consultant is a corporation, the City requires the following signature(s): (1) the Chairman of the Board, the President or a Vice -President, AND (2) the Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer. If only one corporate officer exists or one corporate officer holds more than one corporate office, please so indicate. OR The corporate officer named in a corporate resolution as authorized to enter into this Agreement. A copy of the corporate resolution, certified by the Secretary close in time to the execution of the Agreement, must be provided to the City. 2 1 ais�«c ro r«e exu.e«ce Pi 714/56018200 www. toil,cam December 9, 2015 Mr. John Beshay City of Diamond Bar 21810 Copley Drive Diamond Bar, CA 91765-4178 701 W Porkcenter Drive, Sonto Ana, CA 92705 RE: REAGAN & PETERSON PARK PARKING LOT REHABILITATION PROJECT PROPOSAL FOR ADDITIONAL CONSTRUCTION MANAGEMENT, INSPECTION AND MATERIAL TESTING HOURS Dear Mr. Beshay: Per our correspondence with you, we are submitting a request for an Additional Services Agreement (ASA) for the additional construction management, inspection, and material testing hours required on the subject project. The additional hours are required as a result of extended construction working days due to Contractor delays. Based on the total extended working days TAIT will require the following additional fee to complete the project: Title Construction Manager Inspector Additional Material Inspection Costs: Asphalt Material Testing GeotechnicalSubgrade/Base Testing Total Added Material Testing: Grand Total ASA 1 Fee: Hours Rate 130 $ 165 248 $ 110 Cost $ 21,450 $ 27,280 $ 48,730 $ 1,170 $ 2,270 $ 51,000 IT ttISIN6 TO THE CN<LlFN9E P: 714156078200 ww w,ta R.cPm TERMS & CONDITIONS 701 N. Pa,kc ter Dive, Sam. Ana, CA 92705 The terms of this additional _services agreement will be per the terms and conditions of the original contract and includes only the additional work as listed above. We thank you for the opportunity to present this proposal, and look forward to our continued relationship. Very truly yours, TAIT & ASSOCIATES, INC. David Sloan, P.E, RCE 82595 Project Manager Agenda #7.1 Meeting Date: December 15, 2015 CITY COUNCIL AGENDA REPORT 798q TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Man g TITLE: RESOLUTION NO. 2015 -XX: APPROVING THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM ALLOCATION INCLUDING $198,757 IN FISCAL YEAR 2016-2017 FUNDS AND $72,709 FROM UNALLOCATED BALANCE OF FUNDS FOR THE TOTAL AMOUNT OF $271,466 RECOMMENDATION: It is recommended that the City Council open the public hearing, receive testimony and adopt the Resolution. BUDGET IMPLICATION: Funding for the CDBG Program is received from 2017 CDBG budget will be incorporated into the Program does not impact the City's General Fund BACKGROUND: the Federal Government. Approval of the 2016 - Fiscal Year 2016-2017 City Budget. The CDBG budget. By way of a Cooperative Agreement, the City of Diamond Bar is part of the Los Angeles County Community Development Commission's Community Development Block Grant (CDBG) Program. The CDBG Program was established through the Housing and Community Development Act of 1974. The primary goals of the CDBG program are to provide for 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. Eligible CDBG projects are those that meet one of the following national objectives for the program: • Benefiting low and moderate income persons; • Addressing slums or blight; or • Meeting a particular urgent community development need. The projects must also meet one of the eligible activity categories which include acquisition of real property for an eligible use; acquisition, construction, and rehabilitation of public facilities; demolition and clearance of deteriorated buildings; community service for low and moderate income households; removal of barriers that restrict the mobility for elderly or disabled persons; or special economic development activities. Funds may be used for a variety of community development activities such as public services, ADA retrofit and improvements for parks, public works projects, and home improvement programs. The funds may only be used within low and moderate -income census tracts (of which the City has none) and/or to benefit low and moderate -income persons and/or presumed eligible persons (elderly or disabled). The Los Angeles County Community Development Commission (LACDC) has determined that the City of Diamond Bar's preliminary CDBG allocation for Fiscal Year 2016-2017 is $198,757. In addition to the annual allocation, the City will have $72,709 from the accumulated balance of unexpended CDBG funds to use for the FY 2016-2017 CDBG Program, for a combined total program budget of $271,466. LACDC anticipates notification of the final allocation by early 2016. In the event that the actual CDBG funding levels vary from the estimate, the City may adjust the proposed projects and budgets proportionately to the lower funding level. The City's approved projects and budget must be submitted to the Los Angeles County CDC by February 1, 2016. The City of Diamond Bar's projects and budget will ultimately become part of the Los Angeles County's CDBG program application to the U.S. Department of Housing and Urban Development (HUD). DISCUSSION: Prior to approval of the programs and budget, a public hearing is required to receive and consider citizen input on the proposed CDBG Program. The public hearing notice was posted in various locations in the City including the SCAQMD/Government Center, Diamond Bar Library and Heritage Park. Additionally, the City sent a Request for Proposals to all interested organizations regarding the availability of CDBG funding. Based on the proposals submitted by non-profit agencies and City Departments, past history of applicants, and the availability of funds, funding recommendations have been developed. Prior to a project being funded, eligibility is determined and the sub -recipients must meet the Federal regulations/requirements. The City provides support to the projects that receive funding with technical assistance and monitoring to ensure compliance. The City is responsible for overseeing the operations of all the sub -recipient supported activities including compliance with all applicable Federal requirements and for monitoring the achievement of performance goals. The cost of project administration and contract compliance services are charged on a project -based model which allows the City to pay for costs associated with meeting the regulatory requirements on a per project basis. CDBG project administration is being implemented by City staff with assistance from the City's consultant — Diana Cho and Associates. As part of the application process, the City must describe the programs that are currently being implemented and how those programs are meeting the goals and objectives that have been established by the City. CURRENT CDBG PROJECTS AND ALLOCATIONS FOR FY 2015 - 2016 ($289,834) YMCA Child Care and Day Camp Program ($11,813) - Provides pre-school child care, after-school child care and summer day camp for children from low and low/moderate-income families. CDBG funds are used to provide child care financial assistance for five (5) children. 2 Senior Programming ($18,459) - Provides senior activities including information and referral, physical mobility classes, seminars, arts and crafts, game days, senior excursions, and special events. General Insurance has been purchased for the senior groups utilizing the Heritage Park Community Center and Diamond Bar Center. Over 500 seniors participate in the various programs and activities offered by the City. Home Improvement Program (HIP) ($98,249) - Offers grants and/or deferred loans to eligible low and moderate -income homeowners for necessary home improvements as well as repairs to mitigate building and safety code deficiencies and/or violations. The Home Improvement Program (HIP) is administered by the City's consultant — SJC 3 Consulting, Inc. Currently, one (1) rehabilitation project is in construction and one (1) project is in the bidding and pre -construction phases of the program. Design of Two Bridges at Sycamore Canyon Park ADA Improvements ($20,000) — Provides funding for design costs associated with the retro -fit of two (2) bridges and connecting walkways at Sycamore Canyon Park. Project includes the removal of architectural barriers to handicap access within the park. ADA Improvements and ADA Handicap Ramps at Star Dust and Longview South Mini -Parks ($141,313) - Funding is provided to construct ADA improvements at Star Dust and Longview South Mini -Parks for the removal of architectural barriers to allow handicap access within the parks. In addition, the project provides for construction of handicap ramps along the paths leading to the parks. PROPOSED CDBG PROJECTS AND ALLOCATIONS FOR FY 2016-2017 - $198,757 in New FY 2016-2017 Funds and $72,709 in Prior Year's Unallocated/Reprogrammed Funds for a combined total of $271,466 Based upon Federal regulations, CDBG funds must be allocated and expended within three (3) years. In addition, cities are strongly encouraged by the LACDC to allocate all monies as soon as feasible. The recommendation for the distribution of CDBG funds is as follows: 2016-2017 Public Service - $29,813 (15% of $198,757 of New FY 2016 — 2017 Funding) The Public Service cap for Fiscal Year 2016-2017 is $29,813, or 15% of the FY 2016-2017 CDBG annual allocation. Two (2) funding applications were submitted for Public Service monies including the City's Senior Programming and the YMCA Child Care and Day Camp Program. For the FY 2016- 2017 CDBG funding cycle, staff recommends the following Public Service allocation. City Senior Program FY 15-16 Allocation $18,459 FY 16-17 Total Requested $21,392 FY 16-17 Funding Recommendation $18,297 As in prior years, the Senior Program proposes to combine and include several of the activities and supplies as requested by the Diamond Bar Senior Citizens Club, Diamond Bar Chinese Evergreen Senior Association, Sunshine Seniors Group, Diamond Age Senior Citizen Association, and Super Diamond Age. The CDBG applications for funding from the senior clubs are listed below: • Diamond Bar Senior Citizens Club - $10,000 Funding is requested for liability insurance and senior club activities. • Chinese Evergreen Senior Association - $1,000 Funding is requested liability insurance and support for senior activities. 3 Sunshine Seniors Association - $10,000 Funding is requested for liability insurance and for events supporting seniors. Diamond Age Senior Club - $5,500 Funding is requested for liability insurance and for senior club activities. Super Diamond Age Senior Club - $10,000 Funding is requested for liability insurance and for senior club activities. The amount of funds requested for Senior Programming has typically exceeded the CDBG public service projects allocation. For FY 2016-2017, the additional funds required for the City's Senior Program will be paid through the Community Services budget as in prior years. The requested use of FY 2016-2017 CDBG funds (which includes a portion of the funding requested by each of the five (5) senior clubs) is identified in the attached memo from the Community Services Director and is summarized below: City Senior Program Senior Coordinator $10,492 Supplies $ 2,400 Senior Clubs $ 5,000 for Liability Insurance ($1,000 per club) $ 3,500 each for Program Support ($700 per club) Total Requested $21,392 Allocation by Community Services for Senior Programs It is recommended that $18,297 be allocated for Senior Programming. This amount will provide for a portion of the costs for the staff position, supplies, and $1,700 for each of the five (5) Senior Clubs. In addition, the proposed allocation includes funding for CDBG project administration. Diamond Bar YMCA Childcare and YMCA Day Camp FY 15-16 Allocation $11,813 FY 16-17 Request $10,625 FY 16-17 Recommendation $11,516 To provide before and after school childcare and a day camp program for five (5) to ten (10) low and low/moderate-income children. Staff is recommending a higher funding level since the YMCA's original request did not include funding for CDBG project administration. Public Service Sub -total Request Recommended Public Service Allocation PloyV $32,017 $29,813 The allocation for Public Works and Housing projects includes $168,944 from the FY 2016-2017 allocation and $72,709 in unallocated CDBG funds accumulated from project savings and deferred loan repayments. Staff recommends that the $241,653 be allocated for the Home Improvement Program and ADA Improvements -Construction of Two Bridges at Sycamore Canyon Park. Home Improvement Program FY 15-16 Allocation $ 98,249 FY 16-17 Request $100,000 FY 16-17 Recommendation $100,000 0 To provide for grants and/or deferred loans to eligible low and moderate -income homeowners for necessary home improvements as well as repairs to mitigate building and safety code deficiencies and/or violations. The proposed allocation includes program administration funds for the HIP consultant. Construction of Two Bridges at FY 15-16 Allocation $ -0- Sycamore Canyon Park FY 16-17 Request $100,000 FY 16-17 Recommendation $141,653 To provide for the design of the retro -fit of two (2) bridges and connecting walkways at Sycamore Canyon Park required for the removal of architectural barriers to handicap access within the park. The proposed allocation includes funding for CDBG project administration and contract compliance. Staff is recommending a higher funding level from the funding request of $100,000 since the remaining balance of $41,653 in CDBG funds must be assigned to an FY 2016-2017 project. The $41,653 cannot be held in a CDBG contingency account for future projects or for public service projects. Therefore, it is recommended that the funds be allocated to the FY 2016-2017 Sycamore Canyon Park project. Any unexpended funds and/or project savings will be transferred to the CDBG Unallocated Balance at the end of the project. Removal of Architectural Barriers at Heritage Park FY 15-16 Allocation $ -0- FY 16-17 Request $200,000 FY 16-17 Recommendation $ -0- CDBG funds are requested for the construction of ADA improvements to remove architectural barriers to handicap access at Heritage Park. Staff does not recommend CDBG funding at this time as there are insufficient CDBG funds available for project construction in FY 2016-2017. LACDC will not allow CDBG funds to be accumulated for future project implementation. Public Works and Housing Sub -total Request $400,000 Recommended Public Works and Housing Allocation $241,653 TOTAL 2016 - 2017 CDBG FUNDS REQUESTED $432,017 TOTAL AVAILABLE/RECOMMENDED 271 466 The purpose of the public hearing is to solicit public testimony and receive presentations from the public service organizations requesting funds. It is an opportunity for the City Council to question the proposed public service organizations as well as City staff regarding the applications under consideration. Prepared by: Diana Cho CDBG Consultant Attachments: A - Matrix of Projects / Recommended Funding Options B - Resolution 2015 -XX C - CDBG Project Applications 5 ATTACHMENT A CITY OF DIAMOND BAR COMMUNITY DEVELOPMENT BLOCK GRANT 2016-17 PROGRAM YEAR Agency ServiceCityCouncil„ Requested ;Staff.Cityouncil Provided Allocated,FY,15�16 _, . Funde;FY,16-17 _ ♦ e¢ommendatigns " ,.` Allocation Public Service 15%$29,813 City of Diamond Bar Senior $18,459 $21,392 $18,297 Community Services Services Included in Included in Diamond Bar Senior Senior Community Services Community Included in City Club Services Dept. Allocation Services Dept. Request Request Included in Included in Sunshine Senior Senior Community Services Community Included in City Club Services Dept. Allocation Services Dept. Request Request Included in Included in Evergreen Senior Senior Community Services Community Included in City Club Services Dept, Allocation Services Dept. Request Request Included in Included in Diamond Age Senior Senior Community Services Community Included in City Club Services Dept. Allocation Services Dept. Request Request Included in Included in Super Diamond Age Senior Community Services Community Included in City Senior Club Services Dept. Allocation Services Dept. Request Request Diamond Bar/ Child Care $11,813 $10,625 $11,516 Walnut YMCA Day Camp Sub -total $30,272 $32,017 $29,813 CITY OF DIAMOND BAR COMMUNITY DEVELOPMENT BLOCK GRANT 2016-17 PROGRAM YEAR City of Diamond Bar Home Community Improvement $98,249 $100,000 $100,000 Development Program Design of Two City of Diamond Bar Bridges at Sycamore $20,000 $ -0- $ -0- Community Canyon Park Services ADA Improvements ADA Improvements City of Diamond Bar and Handicap $141,313 $ -0- $ -0- Community Ramps at Star Services Dust Park and Longview South Park Construction of City of Diamond Bar Two Bridges at Sycamore $ -0- $100,000 $141,653 Community Canyon Park Services ADA Improvements Removal of City of Diamond Bar Architectural Community Barriers at $ -0- $200,000 $ -0- Services Heritage Park ADA Improvements Sub -total $259,562 $400,000 $241,653 I RESOLUTION 2015 -XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE CITY'S COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM INCLUDING $198,757 IN FISCAL YEAR 2016-2017 FUNDS AND $72,709 FROM UNALLOCATED BALANCE OF FUNDS FOR THE TOTAL AMOUNT OF $271,466 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 has received notification of the availability of $198,757 in Fiscal Year 2016-2017 Federal Community Development Block Grant (CDBG) funds to further the attainment of these goals during; and WHEREAS, the City has $72,709 in unallocated CDBG funds accumulated from project savings and deferred loan repayments; and WHEREAS, the combined total of $271,466 in CDBG funds is available to use for FY 2016-2017 projects; and WHEREAS, suggestions have been requested from residents, community organizations, and City Departments for the utilization of these funds; and WHEREAS, the City has published information regarding eligible activities under the Act and met with all interested groups and conducted a public hearing to solicit comments and suggestions from the community for the utilization of these funds. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Diamond Bar as follows: Section 1. The funding allocation for the 2016-2017 Program year shall be: PUBLIC SERVICE $ 29,813 Senior Programming $ 18,297 YMCA Childcare and Day Camp $ 11,516 PUBLIC WORKS AND HOUSING $241,653 Home Improvement Program $100,000 Construction of Two Bridges at Sycamore Canyon Park ADA Improvements $141,653 Section 2. That the City Manager is authorized and directed to submit the City's final Planning Summary for Fiscal Year 2016-2017 to the County of Los Angeles, reflecting the funding allocations set forth herein. Should the City's final allocation vary by more than twenty-five percent (25%) from the figures contained herein, the City Manager is authorized to allocate the additional funds to eligible activities. Section 3. That the City Manager is authorized to execute the contractual and related documents to be prepared by the County of Los Angeles that are required for the implementation of the projects/programs set forth herein. Section 4. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED, AND ADOPTED this 15th day of December, 2015.. Nancy A. Lyons, Mayor I, Tommye A. Cribbins, City Clerk of the City of Diamond Bar, California, do hereby certify that the foregoing Resolution No. 2015- 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 15th day of December, 2015, by the following Roll Call Vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: 2 Tommye A. Cribbins, City Clerk City of Diamond Bar CDBG Applications are available to be reviewed in the City Clerk's Office during normal business hours or and the Diamond Bar Library. Interoffice MEMORANDUM RECEIVED] 2015 t€0y 13 AM 55 CITY MANAGER CITYt3i; ODAK To: Diana Cho, CDBG Consultant From: Bob Rose, Community Services Directo Date: November 13, 2015 Re: CDBG Request for 2016/17 FY — Community Service Dept. Request for Public Works Funds CDBG Public Works funding Request from Community Services Department: Removal of architectural barriers at Heritage Park — $200,000 Construction project to remove architectural barriers to handicap access at Heritage Park. This project will include walkways, parking lot, restrooms, community center, picnic tables, benches and any other area of the park found to be deemed an architectural barrier to handicap access leading to or within the existing park. Construction of Two Bridges at Sycamore Canyon Park -- $100,000 This construction project will result in the removal of architectural barriers caused by the two bridges and connecting walkways at Sycamore Canyon Park. Removal of these barriers to handicap access will result in a fully accessible park. Grand Total Public Works Funding Request from Community Services Dept: $300,000 Please let me know if you need additional information on this request. Thanks for your assistance. Cc: Ryan McLean, Deputy City Manager Interoffice MEMORANDUM IIn From: Ch CDBG C It t 1 RECEIVE CITY MANAGER'S OFFICE CITY OF DIAMOND BAR Diana 0, onsu an Bob Rose, Community Services Director 64)e 6 f lvs— Date: November 13, 2015 Re: CDBG Recommended Allocation for Senior Programs — 2016/17 Fiscal Year Community Services staff has reviewed the requests submitted for the allocation of CDBG funds for the 2016/17 FY and recommends the following allocation: 1. City Senior Program a. Program/Bingo Supplies $2,400 b. Senior Coordinator $10,492 $12,892 Note: Remainder of City Senior Programs costs will be submitted in the proposed 2016/17 FY General Fund budget for review and consideration. 2. Diamond Bar Senior Citizens Club: a. Liability Insurance $1,000 b. Program Support/Supplies 700 $1,700 3. Chinese Evergreen Senior Association: a. Liability Insurance $1,000 b. Program Support/Supplies 700 $1,700 4. Sunshine Seniors Group: a. Liability Insurance $1,000 b. Program Support/Supplies 700 $1,700 5. Diamond Age Senior Club: a. Liability Insurance $1,000 b. Program Support/Supplies 700 $1,700 6. Super Diamond Age Senior Club: a. Liability Insurance $1,000 b. Program Support/Supplies 700 $1,700 Note: CDBG funds for senior organizations are held by the City and paid as reimbursement after required documentation demonstrates CDBG eligibility of expenses. Grand Total Recommended Senior Allocation: $21,392 CITY OF DIAMOND BAR I I I COMMUNITY DEVELOPMENT BLOCK GRANT REQUEST FOR PROPOSALS 2016-17 PROGRAM YEAR Funding is contingent upon the project's eligibility under the 1974 Housing and Community Development Act as amended and City Council approval. This application must be completed, and supplemental information regarding the organization and proposed project may be attached. The minimum funding request is $10,000 per project. APPLICATION DEADLINE: Friday, November 13, 2015 4:00 p.m. APPLICATION SUMMARY Organization: City of Diamond Bar Project Name: Senior Programming Amount Requested: $12,892 Location of Project: Diamond Bar Center, 1600 Grand Ave., Diamond Bar, CA 91765 Funds would be used to: Conduct educational and social programs to enrich the lives of local seniors. These would include but not limited to: seminars, workshops, classes, special events and excursions. GENERAL INFORMATION Organization Address: 21810 Copley Drive City: Diamond Bar Telephone/Fax Number: Contact Person/Title: 909.839.7060 E-mail Address: brose@diamondbarca Bob Rose, Director of Community Services Officials authorized to represent organization and expend funds: Name: Name: James DeStefano Federal LD Number/Non-Profit Status: 95-4210629 Title: Mayor Title: City Manager This application is proposing a existing X Project. (Check). new Has the project received past funding from the City of Diamond YES Bar? If yes, please identify the year/amount and source of Funded annually, most recently funding: FY 2015/2016 GOALS AND OBJECTIVE OF PROJECT Provide a detailed description of the proposed project by describing precisely what is to be accomplished with the requested funds. Provide Senior programming for up to 385 persons per day. Develop and conduct a variety of recreational and informational classes, seminars, workshops, and events which meet the diverse needs of the seniors in Diamond Bar. Describe the specific purpose of the project; identify the problems the project is intended to solve, and the age group of those to be served. Meet the human services and recreational needs of a senior population with diverse cultural backgrounds. Age groups to be served are 55 and over. Identify and describe the geographic boundaries of the target area. (Attach a map if appropriate). Primary services area is Diamond Bar. Neighboring communities are serviced as well. PROJECT CLIENT PROFILE Diamond Bar clients assisted in previous 20,486 year: Diamond Bar clients assisted which meet the low/moderate income Presumed requirements: benefit. Diamond Bar clients expected to be assisted in new project year: 22,000 Describe the characteristics of client population in target area, including age, sex, income level, and ethnic background. Relate how the project will meet the federal requirements of benefiting low/moderate income persons. The characteristics of client population in target area are seniors aged 55 and over. It is a mixed population by gender, however predominately female. The income level is presumed low to moderate and the ethnic background is 50.21% Asian and Pacific Islander, 30% White, 20% Hispanic, 4.8% Black and 5.9% other. Is your organization familiar with the CDBG electronic client data requirements? Is your organization familiar with the CDBG reporting requirements? FINANCIAL INFORMATION yes Please attach a proposed budget of the project. Include all items that CDBG funds are being requested to be used for. Include all other sources of funding and the total budget of the organization. I hereby certify that if funds are granted to our organization they will be used to benefit low and low/moderate income r si ents of the City of Diamond Bar. We understand that the formal agreement with th Ay w' I define other reporting provisions and federally required assurances. Signature: Title: Date: 11 �(3 CITY OF DIAMOND BAR COMMUNITY DEVELOPMENT BLOCK GRA a / REQUEST4 1 •. i PROPOSALS YEAR Funding is contingent upon the project's eligibility under the 1974 Housing and Community Development Act as amended and City Council approval_ This application must be completed, and supplemental_ information regarding the organization and proposed project may be attached. The minimum funding request is $10,000 per project. APPLICATION DEADLINE: Friday, November 13, 2015 4:00 Drn. APPLICATION SUMMARY Organization: Project Name: _ � ,4nountRequested: i �dD)OOd Ott p Location of Project ...�.�.��y , I„g�e, pwyk i, DI t e 0.13_.,, fl B Funds would be used to: �t Q,t� .tiw Sulfa ace g [ 9ud 2, GENERAL INFORMATION n p pzo� h Organization Address: � O3J�pi�Le�ar Y City: Viaeu+yi.f� 4LiJ2 Telephone/Fax Number. t�D'�31-E8�� E-mail Address: KLiuerg e , cz?%1 Contact Person/Title: Officials authorizedto represent organization and expend funds: Name: Kvvfkif L i u Title: eI�&C W 0111 t;Ly %, Name: l- na -, $,tA1` L ck I Title: ,L Pi,J-9,4; -�,9- Federal 1.0 Number/Non-Profit Status: �g� - �Il.b cle C Q.sV.yR.L4.8bi p_—o. This application is proposing anew existing ?( Project (check). Hasthe project received past fundingfrom the City of Diamond Bar? t{�5 If yes, please identify the year/amount and source of funding: FA®�s c12u�lL 2Ooj e,Epa/L.2t)16 ' I / A�rsR Phs a!/ a oO N. ✓>! .ts 69 i G'✓iwDt Q3 C4/L GOALS AND OBJECTIVE OF PROJECT Provide a detailed description of the proposed project by describing precisely what is to be accomplished with the requested funds. Describe the specific purpose of the project; identifythe problemsthe project is intended to solve, and the age group of those to be served_ ��pp �n J U tL C.Ero��✓-- Yn.vros°-�2ia.t' . -Tk2 Identify and describe the geographic boundaries }ofthe target area. (Attach a map if appropriate). V J>1W.&' f901) -/ Pte, PROJECT CLIENT PROFILE Diamond Bar clients assisted in previous year. 1h' '°q tko- Diamond Bar clients assisted which meet the low/moderate income requirements: Diamond Bar clients expected to be assisted in new project year: 5&)%' d^�@ Describe the characteristics of client population in target area, including age, sex, income level, and ethnic background. Relate how the project will meet the federal requirements of benefiting low/moderate income persons. C -Aa f : — Is your organization familiar with the CDBG electronic client data requirements? Kf✓S Is your organization familiar with the CDBG reporting re quirements? y�cj FINANCIAL INFORMATION Please attach a proposed budget of the project. Include all items that CDBG funds are being requested to be used for. Include all other sources of funding and the total budget of the organization. I hereby certify that if funds are granted to our organization they will be used to benefit low and low/moderate income residents of the City of Diamond Bar. We understand that the formal agreement with the City will define other reporting provisions and federally required assurances. Signature-, j(y� q�y�c.. ��"Litd1} 6�GC..s`, Title: % 6e i—F aLtJ bac f�4Qa a� t R�t�at 74nj azv-1,'L�-d Date: o— 16 —65- CITY OF DIAMOND BAR COMMUNITY DEVELOPMENT BLOCK GRANT REQUEST FOR PROPOSALS 2016-2017 PROGRAM YEAR Funding is contingent upon the project's eligibility under the 1974 Housing and Community Development Act as amended and City Council approval. This application must be completed, and supplemental Information regarding the organization and proposed project may be attached. The minimum funding request is $10,000 per project. APPLICATION DEADLINE: Friday, November 13, 2015 4:00 o.m. APPLICATION SUMMARY K/n�.0 ��� Organization: rfjl r})+.po jJil,& . l —�� gGi Project Name: 7,16;g2,IC4 Amount Requested: 4 1 OL O Location of Project: u � p y) p �'�, -x� i 04 9 b OR. CA. 17 a 1 Funds would be used to:J}_y ;2 4;t I GLu�a S / t A �i t € f �rS23�fNf GENERAL INFORMATION Organization Address: 2 6U$11A kaU_ City: s1r ou)>SFJ` Telephone/Fax Number: 5Z�1- 361ff E-mail Address: Cut, upf) -)�'o" /V/ Contact Person/Title: Officials authorized to represent organization and expend funds: Name: -1twr Title: Name: Title: Federal 1.1) Number/Non-Profit Status: This application is proposing a new C - n 7-7z,0177,7- existing -7z,017Zz existing ,/ Project. (Check). Has the project received past funding from the City of Diamond Bar? If yes, please identify the year/amount and source of funding: 2e>s $ [I TU GOALS AND OBJECTIVE OF PROJECT Provide a detailed description of the proposed project by describing precisely what is to be accomplished with the requested funds. z=c 2 roc 1 -Hr -f w LL 6 uS� 7`o P`� CLt g (s ANP UHL 4 4-9iLr i5l r St��g:lL . Describe the specific purpose ofthe project; identify the problems the project is intended to solve, and the age group of those to be served. �2 T >' p�c��cT I5 fK6,t rzE TIS PA'aTZCT c, c a CLD Kerr t �C— foLLvw: Lr R; La r�. 7j? A a� 7F s 7� ,9YzE i- P57t.Sct'OL S A -P i/c?-f est nt4 - J VA/ M 6—P, Identify and describe the geographic boundaries of the target area. (Attach a map if appropriate). (jc 'Z-trnGcr Pr y v�;!LL Cris Oi!-� 3,�PP�r�w PROJECT CLIENT PROFILE Diamond Bar clients assisted in previous year: Diamond Bar clients assisted which meet the low/moderate income requirements: Diamond Bar clients expected to be assisted in new project year: •/D (2 Describe the characteristics of client population in target area, including age, sex, income level, and ethnic background. Relate how the project will meet the federal requirements of benefiting low/moderate income persons. Is your organization familiarwith the CDBG electronic client data requirements? -,/5 Is your organization familiar with the CDBG reporting requirements? (J'. FINANCIAL INFORMATION Please attach a proposed budget of the project. Include all items that CDBG funds are being requested to be used for. Include all other sources of funding and the total budget of the organization. rrCITY OF DIAMOND BA DIA�IO�B�iCOMMUNITY DEVELOPMENT • GRA REQUEST FOR PROPOSALS 2015-16 PROGRAM YEAR Funding is contingent upon the project's eligibility under the 1974 Housing and Community Development Act as amended and City Council approval. This application must be completed, and supplemental information regarding the organization and proposed project maybe attached. The minimum funding request is $10,000 per project. APPLICATION DEADLINE: Friday, November 13,2015 4:00 p.m. APPLICATION SUMMARY Organization: Diamond Age Senior Club Project Name: Birthday Celebration Amount Requested: 5500 Location of Project: Heritage Park of Diamond Bar Funds would be used to: Provide Insurance and Club Activities such as Quarterly Birthday Celebration GENERAL INFORMATION Organization Address: 2707 E. Valley Blvd. #311 City: West Covina Telephone/Fax Number: 909-861-8678 E-mail Address: Weima48@ayahoo.com (C)909-510-3883 Contact Person/Title: Corinna Wei—Public Relation Officer Officials authorized to represent organization and expend funds: Name: Corinna Wei "title: President 2012 Name: Ren Lee Title: Vice President 2012 Federal LD Number/Non-Profit Status: E IN 35-2431628 / 501(C) 3 This application is proposing a new existing V Project. (Check). Has the project received past funding from the City of Diamond Bar? Yes If yes, please identify the year/amount and source of funding: Insurance Reimbursement 2015 / $1199.83, Party Food/ 602.93 GOALS AND OBJECTIVE OF PROSECT Provide a detailed description of the proposed project by describing precisely what is to be accomplished with the requested funds. To Provide quarterly birthday celebration forthe seniors of the club To Provide entertainment, food, and birthday gifts for the seniors, To Provide education and activities- line dance class, social dance class, tai -chi dance class, tai -chi class, chorus class, karaoke class, ping -pang class, etc. Describe the specific purpose of the project; identify the problems the project is intended to solve, and the age group of those to be served. The purpose of the project is to provide quality and joyful time for the elders, to warm their hearts with the birthday greetings, activities aside from their family members, or those who do not have their younger generation with them to have a memorable and joyful time and this is the way to keep senior good health. The age group is from 60 to 90 Identify and describe the geographic boundaries of the target area. (Attach a map if appropriate). City of Diamond Bar and the Vicinity PROJECT CLIENT PROFILE Diamond Bar clients assisted in previous year: 230 Diamond Bar clients assisted which meet the low/moderate income requirements: Seniors Diamond Bar clients expected to be assisted in new project year: 200 Describe the characteristics of client population in target area, including age, sex, income level, and ethnic background. Relate how the project will meet the federal requirements of benefiting low/moderate income persons. Is your organization familiar with the CDBG electronic client data requirements? .o %� -o t Is your organization familiar with the CDBG reporting requirements? : Vq tj s FINANCIAL INFORMATION Please attach a proposed budget of the project. Include all items that CDBG funds are being requested to be used for. Include all other sources of funding and the total budget of the organization: I hereby certify that if funds are granted to our organization they will be used to benefit low and low/moderate income residents of the City of Diamond Bar. We understand thatthe formal agreement with the City will define other reporting provisions and federally required assurances. Signature: Corinna Wei l Title: Public Relation Officer / President 2016 Date. %% / CITY OF DIAMOND li1IL�ItI�4 Bim'COMMUNITY DEVELOPMENTf , REQUEST FOR PROPOSALS 2013-2014 PROGRAM YEAR Funding is contingent upon the project's eligibility under the 1974 Housing and Community Development Act as amended and City Council approval. This application must be completed, and supplemental information regarding the organization and proposed project may be attached. The minimum funding request is $10,000 per project APPLICATION DEADLINE: Fridav,November 13,2015 4:00o.m. APPLICATION SUMMARY Organization: Diamond Bar Senior Citizen Club Project Name: Seniors Amount Requested: $10,000 Support/Assist Location of Project: Diamond Bar Center, 1600 Grand Ave., Diamond Bar, CA91765 Funds would be used to: Serving seniors activities including but not limited to insurance senior activities related costs such as food and entertainment etc- GENERAL tc GENERAL INFORMATION - - Organization 1600 Grand Ave city-- Address: ity:Address: Telephone/Fax Number 951 264-9239 E-mail Address: Contact Person/T tle: Laura Estrada Officials authorized to represent organization and expend funds: . Name: See contact person's name above Title: Name: Title: Federal LD Number/Non-Profit 27-0698690 Status: Diamond Bar, CA 91765 1auraye5trada14@yahoo.com> This application is proposing a X existing X Project (Check). new Has the project received past funding from the City of Yes Diamond Bar? If yes, please identify the year/amount and source of funding- GOALS unding GOALS AND OBJECTIVE OF PROJECT Provide a detailed description of the proposed project by describing precisely what is to be accomplished with the requested funds. 1. Organization needs Liability, insurance every year. We will pay the premium. 2. Provide funding for events such as caterer and entertainment Describe the specific purpose of the project; identify the problems the project is intended to solve, and the age group of those to be served. Helping the senior club with the reimbursement of the insurance helps with over finances. identify and describe the geographic boundaries of the target area. (Attach a map if appropriate). The target area is mainly City of Diamond Bar and surrounding communities. PROJECT CLIENT PROFILE Diamond Bar clients assisted in previous Seniors residing within the City of Diamond Bar and year: surrounding communities Diamond Bar clients assisted which meet the low/moderate income Seniors requirements: Diamond Bar clients expected to be assisted in new project year. Seniors Describe the characteristics of client population in target area, including age, sex, income level, and ethnic background. Relate how the project will meet the federal requirements of benefiting low/moderate income persons. Client Population: Seniors— Male and Female; over the age of 55. Yes Is your organization familiar with the CDBG electronic client data requirements? Is your organization familiar with the CDBG reporting requirements? Yes FINANCTAL INFOk2M&TI®N Please attach a proposed budget of the project Include all items that CDBG funds are being requested to be used for_ Include all other sources of funding and the total budget of the organization. I hereby certify that if funds are granted to our organization they will be used to benefit low and low/moderate income residents of the City of Diamond Bar. We understand that the formal agreement with the City will define other reporting provisions and federally required assurances. Signature: Title: PRESIDENT. Date: DLL�IO•D B1P� CITY OF DIAMORD BAR COMMUNITY .. .GRAN i REQUEST FOR PROPOSALS 2015-2016 O • ' YEAR Funding is contingent upon the project's eligibility under the 1974 Housing and Community Development Act as amended and City Council approval. This application must be completed, and supplemental information regarding the organization and proposed project may be attached. The minimum funding request is $10,000 per project. APPLICATION DEADLINE: Friday, November 13, 2015 4:00 p.m. APPLICATION SUMMARY Organization: Sunshine Seniors Association Project Name: SeniorsSupport/Assist Amount Requested: $10,000 Location of Project: Diamond Bar Center, 1600 Grand Ave., Diamond Bar, CA91765 Funds would be used to: Serving seniors activities including but not limited to excursions, insurance, rental of hall, senior activities related costs such as food and entertainment, etc. GENERAL INFORMATION Organization Address: 1142 S. Diamond Bar Blvd.; #457 City: Diamond Bar, CA 91765 Telephone/Fax Number: 714-745-6123 E-mail Address: tsavani@hotmaii.com Contact Person/Title: Tulsi Savani, President Officials authorized to represent organization and expend funds: Name: ManishaSulakle Name: Federal LD Number/Non-Profit Status: 95-4652089 Title: Ass. Vice President Title: This application is proposing a new X existing X Project (Check). Has the project received past funding from the City of Diamond Yes Bar? If yes, please identify the year/amount and source of funding: COALS AND OBJECTIVE OF PROSECT Provide a detailed description of the proposed project by describing precisely what is to be accomplished with the requested funds. 1. Organization needs Liability insurance every year. We will pay the premium. 2. Provide funding for events (such as entertainment, excursions, yoga and meditation classes, jazz exercise, lectures from various experts on health and wellness, etc.) supporting seniors Describe the specific purpose of the project; identify the problems the project is intended to solve, and the age group of those to be served. The purpose of the organization is to support and assist seniors in their twilight years_ We intend to help them find support in regard to health and wellbeing, providing entertainment and excursion to cheer up and meet like aged and like-minded seniors. Age group is targeted is seniors, 50+ years old. Identify and describe the geographic boundaries of the target area. (Attach a map if appropriate). The target area is mainly City of Diamond Bar and surrounding communities. PROJECT CLIENT PROFILE Diamond Bar clients assisted in previous Seniors residing within the City of Diamond Bar and year: surrounding communities Diamond Bar clients assisted which meetthe low/moderate income Seniors requirements: Diamond Bar clients expected to be assisted in new project year: Seniors Describe the characteristics of client population in target area, including age, sex, income level, and ethnic background. Relate how the project will meet the federal requirements of benefiting low/moderate income persons. Client Population: Seniors— Male and Female; Age Gr.: 50+; Income Level: Most of them are either on Medicaid/SSI and some (few) are on Medicare; Mostly they are of Country of India origin Yes Is your organization familiar with the CDBG electronic client data requirements? Is your organization familiar with the CDBG reporting requirements? Yes 11/18/2615 15:20 7146347968 OCPHL PAGE B4/04 I hereby certify that if funds are granted to our organization they will be used to benefit low and low/moderate income residents of the City of Diamond Bar. We understand thatthe formal agreement with the City will pdefine other reporting provisiionns� and federally required assurances. signature: 1 ' C��OJ,ko- {�J�u � 1 �j n Tette: f"t'si effJ�O� Date:/�{/'� CITY OF DIAMOND BAR I ! I COMMUNITY DEVELOPMENT BLS&AEEA WE D REQUEST FORPROP$�LS� 3PH � '9F"J 2016-2017 PROGRA A CITY MANAGER'S OFFICP Funding is contingent upon the project's eligibility under the 1974 Housifif1*0f(:6-0S(Oy,3AIi Development Act as amended and City Council approval. This application must be completed, and supplemental information regarding the organization and proposed project may be attached. The minimum funding request is $10,000 per project. APPLICATION DEADLINE: Friday, November 13, 2015 4:00 p.m. APPLICATION SUMMARY Organization Diamond Bar/Walnut YMCA Project Name: YMCA Child Care (3-12 yrs) Amount Requested: $10,625 Location of Project: 22600 Sunset Crossing Road, Diamond Bar, CA 91765 Funds would be used to: Provide stop gap subsidized child care for boys and girls ages 3- 12 years from low and moderate income families We will be working with employers to help provide quality child care/summer day camp for their worker making minimum wage or slightly above We will also help assist these families in obtaining long term government subsidized child care. GENERAL INFORMATION Organization Address: 22600 Sunset Crossing Road City: Diamond Bar Telephone/Fax Number: 909-860-9622/909-860-3957 E-mail Address: tbyrd@pomonaymca.org Contact Person/Title: Tracy Byrd, Director of Child Care Officials authorized to represent organization and expend funds: Name: Matthew Henry Title: Name: Irene Miller Title: Federal LD Number/Non-Profit Status This application is proposing a new 95-1641976 CEO Accounting Specialist existing X Project. (Check). Has the project received past funding from the City of Diamond Bar? Yes If yes, please identify the year/amount and source of funding: 1992-93 -$34,000; 1993-94- $26 000 Summer Day Camp: 1992-93 -$1,574; 1993-94- $11,500; 1997-98 - $13,000; 1998-99 - $6 5D0 1999-2000 - $15 000 2000-01 - $6,500; 2001-02 - $11 500' 2002-03 - $14,000; 2003-04 - $14,000 2004-05 - $12,500; 2005- 06 $10 000' 2006-7 —$5,000. GOALS AND OBJECTIVE OF PROJECT Provide a detailed description of the proposed project by describing precisely what is to be accomplished with the requested funds. The YMCA, as a leading non-profit, has a goal to never turn anyone away due to an inability to pay. In Diamond Bar, the need to affordable high-quality childcare is high. The Diamond Bar/Walnut YMCA provides families with a safe place and quality care for children of working and single parents. The requested funds will be used to subsidize day camp fees for moderate and low-income families in Diamond Bar. Each family is required to show proof of income and residence and pay a small part of the Day Camp or Childcare fee, with the larger balance paid through CDBG funds. Having families participate in a small way in payment of their children's Day Camp fees has proven to help families feel more vested in the YMCA and in their children's care while they are working, resulting in a greater sense of pride and responsibility. In 2015, the YMCA has already distributed over $25,000 in Financial Assistance in the areas of Child Care, Preschool and Day Camp to Diamond Bar Programs. Describe the specific purpose of the project; identify the problems the project is intended to solve, and the age group of those to be served. Over 300 families throughout the local community enroll their children in YMCA Child Care, Preschool and Day Camp Programs. Day Camp offers great alternatives to children being left at home unsupervised or getting involved in unwholesome activities while parents are working. YMCA Day Camp Programs incorporate the "CORE" values of Honesty, Caring, Respect and Responsibility", offer participants a wide variety of activities, field trips, and esteem building experiences in a safe environment with lots of other potentials friends — all supervised by caring YMCA — trained staff. This year we added a literacy component designed to bridge the "Summer Learning Gap" that many students face after a prolonged break from school. Every day during the 10 week summer program, the kids read for 30 minutes per day resulting in a combined total of over 142,000 minutes of reading this summer. We encourage participants to grow as a family unit and individuals to participate in values education, physical fitness and community service they may not otherwise have access to. The requested funds allow families from low or moderate income to participate in Day Camp and Childcare programs. YMCA Child Care — Ages 5 to 12 Afterschool Enrichment (Kindergarten - 6th grade) The YMCA offers an education enhancement program which is designed to serve children from kindergarten through fifth grade. It provides youth with structured afterschool opportunities to do homework, engage in group discussions, participate in sports, and attend cultural events. Although so many after school child care programs elsewhere have had difficulty holding the attention of boys and girls beyond the fourth grade, the YMCA keeps the older children involved by offering activities which target their interest and are age-appropriate. Monday through Friday the children are picked up after school by the YMCA staff and transported to one of four nearby locations, where they are given a light snack. From 3:00 to 4:00 P.M., the children do their homework under the guidance of the YMCA staff. Group and one -on- one tutoring are provided for children having trouble with assignments. Serious difficulties with school work are reported to the parent(s). The YMCA staff works closely with the child's teacher and parents when providing any additional help. At 4:00 the children participate in 2 45 minutes enrichment activities. As with any YMCA program, the YMCA School Age Curriculum is centered on the YMCA mission and program objectives. The YMCA mission is to put Christian principles into practice through programs that build a healthy spirit, mind, and body for all. Y programs, such as school age child care, are the tools YMCAs use to help participants experience the YMCA mission. In school-age programs, mission activities look like this: Spirit refers to self-esteem and willingness to help others and the activities that develop these qualities. It also includes a sense of fun and a climate of positive energy. YMCA activities include building strong inter -personal relationship skills, conflict resolution skills, and opportunities for success regardless of ability. Mind refers to learning and to activities that promote learning. YMCA activities include and encourage solving problems, using school - gathered knowledge, and having high expectations each time an activity is undertaken. Body refers to health and wellness and the activities that promote these qualities. YMCA activities include and encourage physical fitness and active games. The components of the school-age curriculum are character development, health and fitness, homework support, literacy, technology, social competence, and conflict resolution. Character development - In today's challenging and complex world, children need reinforcement of positive values even when they are away from home. YMCA school-age child care programs take character development seriously by incorporating the values of caring, honesty, respect, and responsibility into play, learning, and social activities. Through consistent teaching, modeling, reinforcement, and practice, staff help children demonstrate and accept positive values. Health, Wellness and Fitness - Building strong bodies is a part of the YMCA's history. Strong bodies live longer. Strong bodies are healthy and have organs that work better. YMCA school-age staff work closely with fitness staff to help design a program where children fully participate in health, wellness, and physical activities. This discipline is a powerful character building tool that builds an ethic of hard work and goal setting. Young bodies develop better when good health habits and physical activity are a regular part of daily life. Homework Support- In YMCA homework centers, the program staff provides a time, place and support to help children complete homework. A strong program also provides resource -rich environments, introduces activities that build on what children learn in the school day, and if needed, may even provide tutoring and other support services. Literacy - a core component in the YMCA afterschool learning is just one way the YMCAs can help support a child's success in school without extending the school days with academic activities. Literacy includes reading, writing, speaking, gathering information, using information, thinking critically, understanding others, and expressing oneself. Social Competence and Conflict Resolution - Afterschool programs are a place where children feel safe, understood, respected and secure. When these basic requirements for healthy living and socializing are missing in a person's life, learning rarely takes place. Social competence and conflict resolution curriculum activities, when used regularly, helps make YMCA programs emotionally and socially comfortable places to be. In school-age programs, staff help educate children in understanding natural and logical consequences and encourage them to accept responsibility for their behaviors. They guide activities, giving children strategies for dealing with conflict when it comes their way, and help them develop socially acceptable ways of interacting with one another. The requested CDBG funding would help cover the costs of subsidizing childcare fees to enable children from low -moderate income families to enjoy the benefits of a safe, quality, affordable and fun place to be during their parent's working hours. Activities are planned and supervised, by caring YMCA trained staff. Program hours are from 6:30 AM — 6:30 PM Monday —Friday. CDBG funding will go directly towards the costs associated with offering reduced -fee services to families in need. Each family receiving assistance is required to complete a financial assistance application with all necessary documentation (including proof of residence in the City of Diamond Bar) and is required to pay partial fees, contributing to a sense of pride and responsibility in providing care for their children. PRESCHOOL — Ages 2-5 The YMCA offers a wonderful place where your child can learn and grow in a safe and nurturing environment. The programs are operated on an experiential learning philosophy - children learn by doing. The theme -based curriculum includes skill building for kindergarten readiness through a literacy -based circle time, arts, dramatic play, math concepts, building blocks, games, and physical play. The children learn positive social skills through a program and staff that teaches and demonstrates the values of honesty, responsibility, caring and respect. Our preschool programs encourage family involvement through special events, newsletters, parent advisory committees and volunteers in the classrooms. The goal of the YMCA Preschool is to give children a balanced experience that develops social emotional and intellectual skills. The goal of the YMCA Preschool is to give children a balanced experience that develops social, emotional, physical and intellectual skills. The objectives of the YMCA preschool are as follows: • Learning to follow simple instruction • Learning to communicate with children & teachers • Large and small muscle development • Hand -eye coordination • Using various art materials • Music for an understanding of rhythm and song • Vocabulary building with stories, pictures and records • Outside play • Alphabet study for visual recognition and phonics • Number recognition and application • Color and shape recognition Day Camp What makes YMCA Day Camping different? 4 Words: honesty, respect, caring and responsibility. Every camper will be involved every day in character development activities appropriate to his/her age. At a time when our society shows great concern for the modern family and the development of values and character in our children, YMCA day camping stands, as it has for more than 100 years, as a place to address these issues. Your child can learn to play sports or do arts and crafts anywhere, but at YMCA Day Camp, in addition to teaching skills, we work with children to clarify values which will last a lifetime. KINDER CAMP Want something for your children to do this summer? Register now in Kinder Camp where they will enjoy exciting, fun adventure. Each week there will be special topics to explore using cooking, music, science, crafts and your child's own imagination. Kinder Camp is ideal for developing new friendships, discovering and strengthening physical capabilities, exploring nature and the environment, and learning cooperation and teamwork FUN CAMP This is the traditionally terrific "Y" day camp that so many kids in our community know and love. A full day program for children completing the 1St through 0 grade. We place emphasis on safety and fun as our trained staff leads your child through a balance of activities. Our activities will include arts and crafts, music, aerobics, racquetball, swimming, games, and many other fun activities. Identify and describe the geographic boundaries of the target area. (Attach a map if appropriate). Citywide in the City of Diamond Bar PROJECT CLIENT PROFILE Diamond Bar clients assisted in previous year: 234 kids Diamond Bar clients assisted which meet the low/moderate income requirements: 8% Diamond Bar clients expected to be assisted in new project year: 260 kids Describe the characteristics of client population in target area, including age, sex, income level, and ethnic background. Relate how the project will meet the federal requirements of benefiting low/moderate income persons. Boys and girls ages 3 years to 13 years old -from families who are low income ($11,441 to $19,300) to moderate income ($19,301 to $30, 850). Is your organization familiar with the CDBG electronic client data requirements? Is your organization familiar with the CDBG reporting requirements? Yes FINANCIAL INFORMATION Yes Please attach a proposed budget of the project. Include all items that CDBG funds are being requested to be used for. Include all other sources of funding and the total budget of the organization. I hereby certify that if funds are granted to our organization they will be used to benefit low and low/moderate income residents of the City of Diamond Bar. We understand that the formal agreement with the City will define oth r reporting provisions and federally required assurances. Signature: Title: CEO Date: YMCA OF POMONA VALLEY 2016 BUDGET REVENUE Contributions & Grants 34500 Annual Support 40000 Special Events 26000 Contract Revenue 296395 Membership Dues 323283 Program Revenue 1485571 Total 2205749 EXPENSES Salaries 1204312 Employee Benefits 85388 Payroll Taxes 196727 Property Taxes 4388 Contract Services 133290 Supplies 105572 Communication 22340 Postage 3230 Care of Buildings 8500 Utilities 110050 Printing 19460 Transportation 26468 Conferences & Training 44440 Marketing 12350 National Dues 24615 Program Expense 27450 Equipment 4050 Miscellaneous 5191 Rent 102008 Insurance 62550 Total 2202380 Net 3369 Diamond Bar YMCA Child Care and Day Camp Program CDBG BUDGET PROPOSAL 2016-17 PERSONNEL NON -PERSONNEL ITEM COST 1. Utilities (5%) $525 2. 3. 4. $525 TOTAL CDBG BUDGET ITEM COST 1. Personnel $10,100 2. Non -Personnel $525 $10,625 OTHER SOURCES OF REVENUE: All of our childcare programs are fee-based programs that parents pay on a weekly basis. We also raise funds through special events and face-to-face fundraising to support the Financial Assistance that we give to qualifying families. PERSONNEL MONTHS OF SERVICE SALARIES & BENEFITS 1. Pro ram Director 12 $5,000 3. Administrative Asst. 12 $2,500 5. Teacher 12 $1540 6. Aide 12 $1060 $10,100 NON -PERSONNEL ITEM COST 1. Utilities (5%) $525 2. 3. 4. $525 TOTAL CDBG BUDGET ITEM COST 1. Personnel $10,100 2. Non -Personnel $525 $10,625 OTHER SOURCES OF REVENUE: All of our childcare programs are fee-based programs that parents pay on a weekly basis. We also raise funds through special events and face-to-face fundraising to support the Financial Assistance that we give to qualifying families. N .. CITY OF DIAMOND BAR E I V E D COMMUNITY DEVELOPMENT BLOCK( NY REQUEST FOR PROPOSALS U15 NOV 13 AM S. 52 e 2016-2017 PROGRAM YEAR CITY MANAGER'S OFFICE Funding is contingent upon the project's eligibility under the 1974 HousingIgn'd' 6@it#$1t30D dA R Development Act as amended and City Council approval. This application must be completed, and supplemental information regardingthe organization and proposed project may be attached. The minimum funding request is $10,000 per project. APPLICATION DEADLINE: Friday November 13 2015 4:00 P.m. APPLICATION SUMMARY Organization: City of Diamond Bar Project Name: Location of Project: Home Amount Improvement Requested: 21810 Copley Drive $100,000 Funds would be used Provide grants and/or deferred loans to eligible low and moderate income to: homeowners for necessary improvements as well as to mitigate building and safety code violations. GENERAL INFORMATION Organization 21810 Copley Drive City: Address: Diamond bar Telephone/Fax Number: (909) 839-7080 E-mail Maria.TorresCasteneda@DiamondBarCA.Gov Address: Contact Person/Title: City Staff Officials authorized to represent organization and expend funds: Name: Name: Federal LD Number/Non- Profit Status: This application is proposing a new Title: Title: N/A existing X Project. (Check). Has the project received past funding from the City Yes of Diamond Bar? If yes, please identify the year/amount and $100,000CDBG (2015/2016) source of funding: GOALS AND OBJECTIVE OF PROJECT Provide a detailed description of the proposed project by describing precisely what is to be accomplished with the requested funds. The objective of the Home Improvement Program is to provide grants and loans to assist low- and moderate -income residential owner/occupants in maintaining the City's existing residential neighborhoods through home rehabilitation. Describe the specific purpose of the project; identify the problems the project is intended to solve, and the age group of those to be served. The purpose of the Home Improvement Program isto preserve and enhance single family.r.esidential neighborhoods throughout the City; to provide grants and loans to eligible homeowners of single family detached dwellings forthe preservation of safe, decent and sanitary housing; correct hazardous structural conditions; to make modifications necessary to provide ADA' access to dwellings; to improve the overall exterior appearance of the home; to eliminate blight; and correct exterior code violations through the provision of grants and loans. Describe the specific purpose of the project; identify the problems the project is intended to solve, and the age group of those to be served. Housing Rehab to eliminate blight and maintain affordable housing stock for low and moderate income residents. Identify and describe the geographic boundaries of the target area. (Attach a map if appropriate). Citywide PROJECT CLIENT PROFILE Diamond Bar clients assisted in previous year: Diamond Bar clients assisted which meet the low/moderate income requirements: Diamond Bar clients expected to be assisted in new project year: 5 Describe the characteristics of client population in target area, including age, sex, income level, and ethnic background. Relate how the project will meet the federal requirements of benefiting low/moderate income persons. Is your organization familiar with the CDBG electronic client data requirements? Yes Is your organization familiar with the CDBG reporting requirements? Yes FINANCIAL INFORMATION Please attach a proposed budget of the project. Include all items that CDBG funds are being requested to be used for. Include all other sources of funding and the total budget of the organization. Proposed HIP Budget (16-17) $100,000 Estimated Construction Cost $75,900 Construction Contingency $2,000 Lead/Asbestos Testing Costs $1,500 Title Report Fees $600 Rehabilitation Administration $20,000 I hereby certify that if funds are granted to our organization they will be used to benefit low and low/moderate income residents of the City of Diamond Bar. We understand that the formal agreement with the City will define other reporting provisions and federally required assurances. Signature: Title: Prinipal Date: 11/09/2015 ordinance should read 2,500 square feet not 500 (pgs 3) Agenda 4 7,2Amended Meeting Date: December 15, 2015 Guidelines -Pg 2 -m yLaa•aV r► �wIII CITY COUNCIL AGENDA REPORT �IRPOA�K�� +gag TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Manager TITLE: (A) ADOPT ORDINANCE NO. XX(2015): AN URGENCY ORDINANCE OF THE CITY OF DIAMOND BAR AMENDING TITLE 8, CHAPTER 8.14, OF THE DIAMOND BAR MUNICIPAL CODE RELATING TO WATER EFFICIENT LANDSCAPING; AND, (B) ADOPT RESOLUTION 2015 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, . CALIFORNIA, ADOPTING THE GUIDELINES FOR IMPLEMENTATION OF THE CITY OF DIAMOND BAR WATER EFFICIENT LANDSCAPE ORDINANCE. RECOMMENDATION: 1. Adopt Ordinance No. XX -2015 as an urgency ordinance and for first reading. 2. Adopt Resolution 2015 -XX FINANCIAL IMPACT: The fiscal impacts to the City of Diamond Bar ("City") are minimal. There will be a fiscal impact to new or rehabilitated landscape projects that fall within the purview of the proposed Ordinance and Resolution in significant part due to the requirement that applicants utilize licensed landscape architects. However, these fiscal impacts are a result of State initiated requirements which the City is mandated to adopt. BACKGROUND: In September 2006, the Water Conservation in Landscaping Act of 2006 (AB 1881 — Laird) was signed into law by the Governor, instituting revised water efficiency mandates across the state. As a result of AB 1881, the City adopted Ordinance No. 2 (2009) on December 1, 2009, adding Section 8.14 Water Conservation Landscaping to the Diamond Bar Municipal Code (hereafter, the "2009 Ordinance"). Due to the continued extreme California drought, Governor Brown issued Executive Order B-29-15 on April 1, 2015 directing the Department of Water Resources (DWR) to update the State's Model Water Efficient Landscape Ordinance (MWELO) through expedited regulation, with updates required to be in effect by January 1, 2016, or February 6, 2016 for cities working on a regional approach. On July 15, 2015 the California Water Commission approved the revised MWELO Ordinance for review and comment by the public, local agencies, and other affected entities. In September 2015, a working group was created consisting of area San Gabriel Valley Council of Government cities, including the City, to develop a draft regional ordinance. The. City has prepared the attached Ordinance and associated. Guidelines in collaboration with the working group. The 1130316.1 resulting ordinance is as effective in conserving water as the State model ordinance, but provides the City, its residents and businesses with the flexibility to satisfy the water conservation requirements intended under the Governor's Executive Order in a manner that is more closely tailored to fit Diamond Bar's existing regulatory framework and review procedures. City staff is recommending that the proposed Ordinance be adopted as an urgency ordinance and for first reading. The City may adopt the proposed Ordinance as an urgency measure if it finds for the reasons set forth in the proposed Ordinance that it is needed for the immediate preservation of the public peace, health and safety. Adoption must be by a four-fifths vote of the City Council. City staff is also recommending that the proposed Ordinance be adopted for first reading as a permanent ordinance and in the event that a successful challenge is made to the urgency findings by the City Council. Adoption for first reading requires three affirmative votes. Adoption as an urgency item and for first reading may be made by a single motion as long as the requisite four votes are obtained. Applicabilify The proposed Ordinance would generally apply to new landscape projects with an area equal to or greater than 500 square feet and rehabilitated landscape projects with an area equal to or greater than 2,500 square feet, that require a building or landscape permit, plan check, plot plan; or zoning - clearance review. Section 8.14.020 of the Ordinance includes a complete listing of all applicable projects and provisions for the use of graywater or rainwater captured on site. Landscaping projects subject to the Ordinance will be required to install water efficient landscaping, including but not limited to sensors, controllers, water meters, and use water wise plants. Submittal Process If adopted as an urgency Ordinance, starting January 1, 2016, the new City regulations will go into effect. City staff will distribute the enclosed Guidelines to applicants, developers, and landscape architects to ensure they are aware of the City's revised Ordinance and process for applicable landscape projects. The Guidelines are designed to be a user friendly instructional document on what is required for projects meeting the applicability threshold. Additionally, the Guidelines also have template forms that may be used to certify installation of the landscaping in accordance with the new regulations. " Compliance Under the 2009 Ordinance, applicants need only submit a Statement of Compliance, which is a written self -certification provided by the person who prepared the landscape plan that certifies that the design complies with the elements of the 2009 Ordinance. Under the proposed Ordinance, applicants must submit a Certification of Design along with their Landscape Documentation Package, which includes a landscape architect's professional stamp, signature, contact information, license number, and date, certifying that: "The design of this project complies with the requirements of the City's Water Efficient Landscape Ordinance." At the conclusion of a project, a Landscape Certification of Completion is required to be submitted to the City, certifying the landscape was installed under the landscape architects supervision and meets the requirements of the Ordinance. No permit or certificate of occupancy will be issued unless the 1130316.1 required documentation is submitted to the City. The City will be required to report information on applicable projects annually to the DWR. Anticipated Modifications Due to the extreme drought, it is anticipated the DWR will issue revised regulations that will alter the Maximum Applied Water Allowance (MAWA) calculations contained in the Ordinance. Once the final regulations are released, revisions to the proposed Ordinance will be brought to the Planning Commission and City Council to integrate Section 8.14 Water Efficient. Landscaping into Chapter 22.26 of the Development.Code. Future changes to the associated Guidelines will be made by City Council resolution. RECOMMENDATION: In order to maintain the health, safety, and welfare of the state's water resources, and ensure that the City and the greater southern California region can maintain an adequate supply of potable drinking water, an urgency exists requiring adoption of this Ordinance as an urgency measure concurrent with its adoption for first reading. Additionally, DWR water efficiency regulations will be in effect on January 1, 2016 whether or not this ordinance goes into effect, therefore, the urgency is related to avoiding confusion during the curing period for the new local ordinance and the possibility that unnecessary developer costs could be incurred in the interim. It is recommended that the City Council adopt Ordinance No. XX(2015) as an urgency ordinance and concurrently adopt it for first reading. It is also recommended that after adoption, the City Council adopt Resolution 2015 -XX by separate action. The Urgency Ordinance will go into effect immediately, with the second reading of the permanent Ordinance going to Council for consideration at its next scheduled meeting. If adopted for second reading the permanent Ordinance will go into effect 30 days thereafter. Prepared by: Reviewed by: Anthony Santos Sr. Management Analyst Attachments: 1. Ordinance No. XX(2015). 2. Resolution 2015 -XX. 3. Water Efficient Landscape Guidelines. 1130316.1 Greg Gubman, AICP Community Development Director ORDINANCE NO. XX(2015) AN URGENCY ORDINANCE OF THE CITY OF DIAMOND BAR AMENDING TITLE 8, CHAPTER 8.14 OF THE DIAMOND BAR MUNICIPAL CODE RELATING TO WATER EFFICIENT LANDSCAPING A. RECITALS THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, HEREBY FINDS AND DETERMINES AS FOLLOWS`.` 1. On September 28, 2006, the Water Conservation in Landscaping Act of 2006 (AB 1881 — Laird) was signed into law by the Governor, instituting revised water efficiency mandates across the state. 2. On December 1, 2009 the City of Diamond Bar adopted Ordinance No. 2 (2009) adding Section 8.14 Water Conservation Landscaping to the Diamond Bar Municipal Code in order to comply with the state mandates under the Water Conservation in Landscaping Act of 2006. 3. Due to the continued extreme California drought, Governor Brown's Drought Executive Order of April 1, 2015 (EO B-29-15) directed the Department of Water Resources (DWR) to update the State's Model Water Efficient Landscape Ordinance (MWELO) through expedited regulation, with updates required to be in effect by January 1, 2016. 4. On July 15, 2015 the California Water Commission approved the revised MWELO Ordinance for review and comment by the public, local agencies, and other affected entities. 5. In September 2015, a working group was created consisting of the area San Gabriel Valley Council of Government cities, which includes the City of Diamond Bar, to develop a draft regional ordinance. 6. In order to maintain the health, safety, and welfare of the state's water resources, and ensure that the City and the greater southern California region can maintain an adequate supply of potable drinking water, an urgency exists requiring adoption of this Ordinance as an urgency measure concurrent with its adoption for first reading. Additionally, DWR water efficiency regulations will be in effect on January 1, 2016 whether or not this ordinance goes into effect, therefore, the urgency is related to avoiding confusion during the curing period for the new local ordinance and the possibility that unnecessary developer costs could be incurred in the interim. 1130327.1 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1: ORDINANCE. Title 8, Chapter 8.14 of the Diamond Bar Municipal Code, commencing with Section 8.14.010 is hereby amended to read as follows: "Chapter 8.14 WATER EFFICIENT LANDSCAPING Sections: 8.14.010 Purpose. 8.14.020 Applicability. 8.14.030 Definitions. 8.14.040 Implementation Procedures. 8.14.050 Exceptions. 8.14.060 Compliance Verification. 8.14.070 Landscape and Irrigation Maintenance Schedule. 8.14.080 Existing Landscapes. 8.14.090 Public Education. 8.14.100 Penalty for Violation. 8.14.010 Purpose. It is the policy of the City of Diamond Bar to promote water conservation. The Standards detailed in this Chapter are intended to promote water conservation while allowing the maximum possible flexibility in designing healthy, attractive, and cost-effective water efficient landscapes. This Chapter is to be used in conjunction with the water conservation requirements of the Municipal Code, commencing with Section 22.26.010. Where conflicts in language may exist between this Chapter and Chapter 22.26, the more restrictive water conserving language shall prevail. The purpose of the City's Water Efficient Landscape Ordinance is to establish an alternative model acceptable under Governor Brown's April 1, 2015 Drought Executive Order (B-19-25) as being at least as effective as the State Model Water Efficient Landscape Ordinance in the context of conditions in the City in order to: (1) Promote the benefits of consistent landscape ordinances with neighboring local and regional agencies; 1130327.1 (2) Promote the values and benefits of landscapes while recognizing the need to invest water and other resources as efficiently as possible; (3) Establish a structure for planning, designing, installing, and maintaining and managing water efficient landscapes in new construction and rehabilitated projects; (4) Establish provisions for water management practices and water waste prevention for existing landscapes; (5) Use water efficiently without waste by setting a Maximum Applied Water Allowance as an upper limit for water use and reduce water use to the lowest practical amount; and (6), Encourage the use of Walnut Valley Water District economic incentives that promote the efficient use of water, such as implementing a budget -based tiered -rate structure, providing rebate incentives and offering educational programs. [Note: Authority cited: Section 65593, Government Code. Reference: Sections 65591, 65593, 65596, Government Code.] 8.14.020 Applicability. (A) The Water Efficient Landscape Ordinance and associated Guidelines apply to all of the following landscape projects: (1) New landscape projects with an aggregate landscape area equal to or greater than 500 square feet, requiring a building or landscape permit, plan check, or any ministerial or discretionary land use approval; (2) Rehabilitated landscape projects with an aggregate - landscape area equal to or greater than 2,500 square feet, requiring a building or landscape permit, plan check, or any ministerial or discretionary land use approval; (3) New or rehabilitated landscape projects with an aggregate landscape area of 2,500 square feet or less must either comply with the performance requirements of this ordinance or conform to the prescriptive measures contained in Guidelines Appendix A; — (4) New or rehabilitated projects using treated or untreated graywater or rainwater capture on site, any lot or parcels within the project that has less than 2,500 square feet of landscape area and meets the lot or parcel's landscape water requirement (Estimated Total Water Use) entirely with the treated or untreated graywater or through stored rainwater capture on site shall be subject only to Guidelines Appendix A Section (5). 1130327.1 (B) The Guidelines may be partially or wholly waived, at the discretion of the Community Development Director or his or her designee, for landscape rehabilitation projects that are limited to replacement plantings with equal or lower water needs and where the irrigation system is found to be designed, operable and programmed consistent with minimizing water waste in accordance with local water purveyor regulations. (C) Unless otherwise determined by the Community Development Director, the Water Efficient Landscape Ordinance and associated Guidelines do not apply to: (1) Registered local, state, or federal historical sites; (2) Ecological restoration projects that do not require a permanent irrigation system; (3) Mined -land reclamation projects that do not require a permanent irrigation system; or (4) Plant collections, as part of botanical gardens, and arboretums open to the public. 8.14.030 Definitions. "Aggregate landscape areas" pertains to the areas undergoing development as one project or for production home neighborhoods or other situations where multiple parcels are undergoing development as one project, but will eventually be individually owned. "Applied water" means the portion of water supplied by the irrigation system to the landscape. "Budget -based tiered -rate structure" means tiered or block rates for irrigation accounts charged by the retail water agency in which the block definition for each customer is derived from lot size or irrigated area and the evapotranspiration requirements of landscaping: "Check Valve" means a valve located under a sprinkler head, or other location in the irrigation system, to hold water in the system to prevent drainage from sprinkler heads when the sprinkler is off. "Community Aesthetics Evaluation" —While not subject to a permit, plan check or discretionary review, the Community Aesthetics Evaluation may be performed to ensure the aesthetic standards of the community and irrigation efficiency intent is maintained. 1}30327.1 "Ecological restoration project' means a project where the site is intentionally altered to establish a defined, indigenous, historic ecosystem.. "Estimated Applied Water Use" means the average annual total amount of water estimated to be necessary to keep plants in a healthy state, calculated as provided in the Guidelines. It is based on the reference evapotranspiration rate, the size of the landscape area, plant water use factors, and the relative irrigation efficiency of the irrigation system. "ET" or Evapotranspiration, is the approximate summation of water losses through evaporation from soil and transpiration from the plants during a specified period of time. 'ETo" or Evapotranspiration, is the approximation of water loss expressed in inches per year from a field of 4 -to -7 -inch -tall cool season grass that is not water stressed. "ET adjustment factor' or "ETAF" is equal to the plant factor divided by the irrigation efficiency factor for a landscape project, as described in the Guidelines. The ETAF is calculated in the context of local reference evapotranspiration, using site-specific plant factors and irrigation efficiency factors that influence the amount of water that needs to be applied to the specific landscaped area. A combined plant mix with a site -wide average plant factor of 0.5 (indicating a moderate water need) and average" irrigation efficiency of 0.71 produces an ET adjustment factor of (0.7) _ (0.510.71), which is the standard of water use efficiency generally required by this Water Efficient Landscape Ordinance and the Guidelines, except that the ETAF for a special landscape area shall not exceed 1.0. "Guidelines" refers to the Guidelines for Implementation of the Water Efficient Landscape Ordinance, as adopted by the City, which describes procedures, calculations, and requirements for landscape projects subject to this Water Efficient Landscape Ordinance. "Hardscapes" means any durable material or feature (pervious and non -pervious) installed in or around a landscaped area, such as pavements or walls. Pools and other water features are considered part of the landscaped area and not considered hardscapes for purposes of this Water Efficient Landscape Ordinance. "Irrigation audit" means an in-depth evaluation of the performance of an irrigation system conducted by a Certified Landscape Irrigation Auditor. An irrigation audit includes, but is not limited to: inspection, system tune-up, system test with distribution uniformity or emission uniformity, reporting overspray or runoff that causes overland flow; and preparation of an irrigation schedule. The irrigation 1130327.1 audit, which must be reviewed and approved by the City of Diamond Bar, shall demonstrate that all parts of the irrigation system(s) meet(s) the minimum requirements of the Water Conservation Landscaping Ordinance herein. Note: Any parts of the irrigation system identified as not meeting the minimum requirements shall be repaired or adjusted and re -audited to confirm compliance prior to City's final acceptance "Irrigation efficiency' means the measurement of the amount of water beneficially used divided by the amount of water applied. Irrigation efficiency is derived from measurements and estimates of irrigation system characteristics and management practices. The irrigation efficiency for purposes of this Water Efficient Landscape Ordinance are 0.75 for overhead spray devices and 0..81 for drip systems. "Landscaped area" means all the planting areas, turf areas, and water features in a landscape design plan subject to the Maximum Applied Water Allowance and Estimated Applied Water Use. calculations. The landscaped area does not include footprints of buildings or structures, sidewalks, driveways, parking lots, decks, patios, gravel or stone walks, other hardscapes, and other non -irrigated areas designated for non -development (e.g., open spaces and existing native vegetation). "Landscape contractor' means a person licensed by the State of California to construct, maintain, repair, install, or subcontract the development of landscape systems. Landscape Plan: Design plans with a planting plan, irrigation plan, and plans with supporting detail sheets to include notes and/or specifications. "Landscape Documentation Package" means the documents required to be provided to the City for review and approval of landscape design projects, as described in the Guidelines. "Landscape Permif' means an authorizing document issued by local agencies for new or rehabilitated landscapes. "Landscape project" means total area of landscape in a project, as provided in , the definition of "landscaped area," meeting the requirements under Section 1.1 of this Water Efficient Landscape Ordinance. "Local agency' means a city or county, including a charter city or charter county, that is authorized to implement, administer, and/or enforce any of the provisions of the Water Efficient Landscape Ordinance. The local agency may be responsible for the enforcement or delegation of enforcement of this Water 1130327.1 Efficient Landscape Ordinance including, but not limited to, design review, plan check, issuance of permits, and inspection of a landscape project. "Local water purveyor" means any entity, including a public agency, city, county, or private water company that provides retail water service. "Low volume irrigation" means the application of irrigation water at low pressure through a system of tubing or lateral lines and low volume emitters such as drip, drip lines, and bubblers. Low volume irrigation systems are specifically designed to apply small volumes of water slowly at or near the root zone of plants with a maximum delivery of 6.3 gallons per hour (gph) when operated at 30 psi as defined in ASABE/ICC802-2014. "Maximum Applied Water Allowance" or "MAWA" means the upper limit of annual applied water for the established landscaped area as specified in Section 2.2 of the. Guidelines. It is based upon the area's reference evapotranspiration, the ET Adjustment Factor, and the size of the landscaped area. The Estimated Applied Water Use shall not exceed the Maximum Applied Water Allowance. MAWA = (ETo) (0.62) [(ETAF x LA) + ((1-ETAF) x SLA)] "Mined -land reclamation projects" means any surface mining operation with a reclamation plan approved in accordance with the Surface Mining and Reclamation Act of 1975. "New construction" means, for the purposes of this Water Efficient Landscape Ordinance, a new building with a landscape or other new landscape such as a park, playground, or greenbelt without an associated building. "Non -pervious" means any surface or natural material that does not allow for the passage of water through the material and into the underlying soil. "Pervious" means any surface or material that allows the passage of water through the material and into -the underlying soil. "Plant factor" or "plant water use factor" is a factor, when multiplied by ETo, that estimates the amount of water needed by plants. For purposes of this Water Efficient Landscape Ordinance, the plant factor for very low water use plants is 0.1; the plant factor for low water use plants is 0.2; the plant factor for moderate water use plants is 0.5; and the plant factorfor high water use plants is 0.8. Plant factors cited in this Water Efficient Landscape Ordinance are derived from the publication "Water Use Classification of Landscape Species." Plant factors may also be obtained from horticultural researchers from academic institutions or professional associations as approved by the California Department of Water Resources (DWR). 1130327 1 "Recycled_ water" or "reclaimed water" means treated or recycled wastewater of a quality suitable for non -potable uses such as landscape irrigation and water features. This water is not intended for human consumption. "Reference evapotranspiration" or "ETo" means a standard measurement of environmental parameters which affect the water use of plants. ETo is given expressed in inches per day, month, or year as represented in Appendix A of the Guidelines, and is an estimate of the evapotranspiration of a large field of four -to seven-inch tall, cool -season grass that is well watered. Reference evapotranspiration is used as the basis of determining the Maximum Applied Water Allowances. "Rehabilitated landscape" means any re -landscaping project that meets the applicability criteria of Section 1.1(a), where the modified landscape area is greater than 2,500 square feet. "Smart irrigation controller' means an automatic irrigation controllers utilizing either evapotranspiration or soil moisture sensor data with non-volatile memory shall be required for irrigation scheduling in all irrigation systems, recommending U.S. EPA WaterSense labeled devices as applicable. "Special landscape area" means an area of the landscape dedicated solely to edible plants such as orchards and vegetable gardens, areas irrigated with recycled water, water features using recycled water, and recreational areas dedicated to active play such as parks, sports fields, golf courses, and where turf provides a playing surface. "Turf' means a ground cover surface of mowed grass. Annual bluegrass, Kentucky bluegrass, Perennial ryegrass, Red fescue, and Tall fescue are cool - season grasses. Bermuda grass, Kikuyu grass, Seashore Paspalum, St. Augustine grass, Zoysia grass, and Buffalo grass are warm -season grasses. "Valve" means a device used to control the flow of water in an irrigation system. "Water Efficient Landscape Ordinance" means Chapter 8.14 of the Diamond Bar Municipal Code. "Water feature" means a design element where open water performs an aesthetic or recreational function. Water features include ponds, lakes, waterfalls, fountains, artificial streams, spas, and swimming pools (where water is artificially supplied). The surface area of water features is included in the high water use hydrozone of the landscaped area referenced in the associated Guidelines. Constructed wetlands used for on-site wastewater treatment, habitat protection or storm water best management practices that are not irrigated and used solely for water treatment or storm water retention are not water features and, therefore, are not subject to the water budget calculation. 1130327.L "Water Wise Plants means those plants that are evaluated as needing moderate, low, and very low amounts of water as defined and listed by Water Use Classifications of Landscape Species (WUCOLS). Other sources of water wise plant classifications may be used if approved by the Community Development Director. "Weather Based Irrigation Controller" means an irrigation controller that automatically adjusts the irrigation schedule based on changes in the weather. [Note: Authority Cited: Section 65595, Government Code. Reference: Sections 65592, 65596, Government Code.] 8.14.040 Implementation Procedures. A. Prior to installation, a Landscape Documentation Package shall be submitted to the City for review and approval of all landscape projects subject to the provisions of this Water Efficient Landscape Ordinance. Any Landscape Documentation Package submitted to the City shall comply with the provisions of the Guidelines. B. The Landscape Documentation Package shall include a certification by a professional appropriately licensed in the State of California stating that the landscape design and water use calculations have been prepared by or under the supervision of the licensed landscape architect and are certified to be in compliance with the provisions of this Water Efficient Landscape Ordinance and the Guidelines. (1) Landscape and irrigation plans shall be submitted to the City for review and approval with appropriate water use calculations. (2)- Water use calculations shall be consistent with calculations contained in the Guidelines and shall be provided to the local water purveyor, as appropriate, under procedures determined by the City. (3) Verification of compliance of the landscape installation with the approved plans shall be obtained through a Certification of Completion in conjunction with a Certificate of Use and Occupancy or Permit Final process, as provided in the Guidelines. [Note: Authority Cited: Section 65595, Government Code, Reference: Section 65596, Government Code.] t130327.t 8.14.050 Landscape Water Use Standards. A. For applicable landscape installation or rehabilitation projects subject to Section 8.14.020 of this Water Efficient Landscape Ordinance, the Estimated Applied Water Use allowed for the landscaped area, shall not exceed the MAWA calculated using an ET adjustment factor of 0.55 for residential and 4.45 for non-residential areas, except for the portion of the MAWA applicable to any special landscape areas within the landscape project, which shall be calculated using an ETAF of 1.0;; as provided in Section 2.3 of the Guidelines. B. Irrigation of all landscaped areas shall be conducted in a manner conforming to the rules and requirements, and shall be subject to penalties and incentives for water conservation and water waste prevention as determined and implemented by the local water purveyor or as mutually agreed by local waterpurveyor and the local agency. 8.14.060 Compliance Verification. Verification of compliance with this Chapter, as applicable, shall be made by the Community Development Department in accordance with the following requirements: A. For applicable landscape installation or rehabilitation projects subject to Section 8.14.020 of this Water Efficient Landscape Ordinance, no building permit shall be issued without the submittal of a Landscape Documentation Package. B At the time of final inspection, the permit applicant must provide the owner of the property with a certificate of completion, certificate of installation, irrigation schedule and a schedule of landscape and irrigation maintenance. 8.14.070 Landscape and Irrigation Maintenance Schedule. A. Landscapes shall be maintained to ensure water use efficiency. Water waste resulting from inefficient landscape irrigation leading to excessive runoff, low head drainage, overspray, and other similar conditions where water flows onto adjacent property, non -irrigated areas, walks, roadways or structures is prohibited. B. A regular maintenance schedule shall include, but not be limited to, routine inspection; adjustment and repair of the irrigation system and its components; aerating and dethatching turf areas; replenishing mulch; fertilizing; pruning; weeding in all landscape areas, and removing and obstruction to emission devices. Testing of the irrigation system outside the normal watering window is allowed for auditing and system maintenance. 1130327.1 C. Repair of all irrigation equipment shall be done with the originally installed components or their equivalents. D. A project applicant is encouraged to implement sustainable or environmentally -friendly practices for overall landscape maintenance. 8.14.080 Existing Landscapes. The following provisions apply to existing landscapes, as defined in Section 8.14.020 of this Chapter: A. For landscapes served by a single water meter, the City may require the following, including but not limited to: irrigation water use analyses, irrigation surveys, and irrigation audits to evaluate water use, and to provide recommendations as necessary to reduce landscape water use to a level that does not exceed the Maximum Applied Water Allowance for existing landscapes. All landscape irrigation audits shall be conducted by a certified landscape irrigation auditor. B. For landscapes that do not have a meter, the City will, with limited exceptions, require the following including: irrigation surveys and irrigation audits to evaluate water use, and to provide recommendations as necessary to prevent water waste. All landscape irrigation audits shall be conducted by a certified landscape irrigation auditor. C. The City may collaborate with the local water purveyor(s) to define each entity's specific responsibilities relating to this ordinance." 8.14.090 Public Education. A. Developers of residential units shall provide information to prospective buyers of new homes regarding water efficient landscaping. techniques. B. Developers of nonresidential units shall provide information to prospective buyers or tenants-regarding.water efficient landscaping techniques. 8.14.100 Penalty for Violation. Any person violating any provision of this Chapter is guilty of an infraction punishable as provided in Section 1.04.010(b), 1130327.1 SECTION 2: CEQA. The City Council hereby determines that this Ordinance is exempt from review under the California Environmental Quality Act ("CEQA") (California Public Resources Code Section 21000 et seq.), because pursuant to State CEQA Regulation 15307 (14 Cal. Code Regs., § 15307), this _ Ordinance is covered by the CEQA Categorical Exemption for actions taken to assure the maintenance, restoration, enhancement, or protection of a natural resource where the regulatory process involves procedures for protection of the environment. The adoption of this Ordinance will result in the enhancement and protection of water resources in the City, and will not result in cumulative adverse environment impacts. It is therefore exempt from the provisions of CEQA. The City Council hereby directs the City Manager or designee to prepare and file a Notice of Exemption as soon as possible following adoption of this Ordinance. SECTION 3: FINDINGS. The City's findings and evidence in the record that its water efficient landscape ordinance is at least as effective in conserving water as the California Department of Water Resource's updated Model Water Efficient Landscape Ordinance is as follows: A. The ordinance is applicable to all new or rehabilitated projects subject to review by the City. B. Current local design practices in new landscapes strive to achieve the intent of the State Model Water Efficient Landscape Ordinance water use goals. C. Under the ordinance, more stringent standards apply for new landscape projects that require a building or landscape permit, plan check, or ministerial or discretionary land use approval. D. Under the ordinance, new standards apply to new or rehabilitated projects using treated or untreated graywater or rainwater capture on site. E. Under the ordinance, landscape areas for residential, mixed use, and institutional type projects shall be designed with less than 25% turf and non -water wise plant materials. F. Landscape plan submittal and review has been a long standing practice in the City of Diamond Bar. G. The Walnut Valley Wafter District is the local water purveyor responsible for implementing tiered -rate billing and enforcement of water waste prohibitions for all existing metered landscaped areas throughout its service area, which includes the City of Diamond bar in its entirety. H. Under the ordinance, installation and compliance verifications are a component of the review process. 11303277 I. Under the ordinance, the maximum annual applied water allowance calculation matches the California Department of Water Resource's formula in its Model Water Efficient Landscape Ordinance. SECTION 4: SEVERABILITY. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have adopted this ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections subsections, subdivisions, sentences, clauses, phrases, or portion thereof be declared invalid or unconstitutional. SECTION 5: SUMMARY. Pursuant to Government Code Section 36933(c)(1), the City Clerk was designated to prepare and has published a summary of this ordinance, and a certified copy of it was posted in the Office of the City Clerk a minimum of five days before the City Council's public hearing to consider adoption of the ordinance. SECTION 6: PUBLICATION. The City Clerk shall certify as to the adoption of this ordinance and shall cause the summary thereof to be published within fifteen calendar (15) days of the adoption and shall post a certified copy of this ordinance, including the vote for and against the same, in the office of the City Clerk, in accordance with Government Code Section 36993, for the City of Diamond Bar. SECTION 8: EFFECTIVE DATE. As an urgency measure, this ordinance shall go into effect immediately and as a non -urgency measure, shall be in full force and operation from and after thirty (30) days after its final passage and adoption. 1130327.1 PASSED, APPROVED, AND ADOPTED this day of December, 2015. Nancy A. Lyons, 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 2015 and was finally passed at a regular meeting of the City Council of the City of Diamond Bar held on day of 2015, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: Tommye A. Cribbins, City Clerk 1130327,1 RESOLUTION NO. 2015 -XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, ADOPTING THE GUIDELINES FOR IMPLEMENTATION OF THE CITY OF DIAMOND BAR WATER EFFICIENT LANDSCAPE ORDINANCE. WHEREAS, the City of Diamond Bar (the "City") recognizes that potable water in the State of California is of limited supply and subject to ever increasing demands; and WHEREAS, the continuation of California's economic prosperity is dependent on the availability of adequate supplies of water for future uses; and WHEREAS, the City promotes conservation and efficient use of water and to prevent the waste of this valuable resource; and WHEREAS, landscapes are essential to the quality of life in California by providing areas for active and passive recreation and as an enhancement to the environment by cleaning air and water, preventing erosion, offering fire protection, and replacing ecosystems lost to development; and WHEREAS, landscape design, installation, maintenance, and management can and should be water efficient; and WHEREAS, the City recognizes that residents, businesses, schools, and government play an important role in coordinating a comprehensive and equitable path towards implementing water conservation; and WHEREAS, Article X, Section 2 of the California Constitution specifies that the right to use water is limited to the amount reasonably required for the beneficial use to be served, and the right does not and shall not extend to waste or unreasonable method of use of water. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Diamond Bar: 1. The attached Guidelines for Implementation of the City of Diamond Bar Water Efficient Landscape Ordinance are adopted. 2. The Mayor is authorized to sign and the City Clerk shall certify as to the passage and adoption of this Resolution. 1130355.1 PASSED, APPROVED, AND ADOPTED this 15th day of December, 2015. Nancy A. Lyons, Mayor I, Tommye A. Cribbins, City Clerk of the City of Diamond Bar, California, do hereby certify that the foregoing Resolution No. 2015 -XX was duly and regularly passed and adopted by the City Council of the City of Diamond Bar, California, at its adjourned regular meeting held on the 15th day of December, 2015, by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Tommye A. Cribbins, City Clerk 2 1130355.1 GUIDELINES FOR IMPLEMENTATION OF THE CITY OF DIAMOND BAR WATER EFFICIENT LANDSCAPE ORDINANCE 1 2. 3. 4. TABLE OF CONTENTS Pate No. Purpose and Applicability .................... .................................................. :............... 1 1.1 Purpose.......................................................................................................1 Certification of Landscape Design ......... 1.2 Applicability.......................................................... 1 Submittal Requirements for New Landscape InstallMons or Landscape " Reference Evapotranspiration Table ...... Rehabilitation Projects........................................................................................... 2 2.2 Elements of the Landscape Documentation Package ................................ 3 2.3 Water Efficient Landscape Calculations and Alternatives ........_.............. 4 2.4 Soil and Stonnwater Management............................................................ 7 2.5 Landscape Design Plan.............................................................................. 9 2.6 Irrigation Design Plan.............................................................................. 12 2.7 Grading Design Plan................................................................................ 17 2.8 Certification of Completion..................................................................... 18 2.9 Post -Installation Irrigation Scheduling.................................................... 19 2.10 Post -Installation Landscape and Irrigation Maintenance ......................... 19 Provisions for Existing Landscapes..................................................................... 19 PublicEducation.................................................................................................. 20 Appendix A: Prescriptive Compliance Option ............. Appendix B: Certification of Landscape Design ......... Appendix C: Water Efficient Landscape Worksheet... Appendix D: Reference Evapotranspiration Table ...... Appendix E: Certificate of Completion ........................ Appendix F: Definitions ............................................... Appendix G: Irrigation Plan Checklist......... ................ Appendix H: Inspection Affidavit .............................. i .................................. 21 .................................. 24 .................................. 25 1. Purpose and Applicability 1.1 Purpose (A) The primary purpose of these Guidelines is to provide procedural and design guidance for project applicants proposing landscape installation or rehabilitation projects that are subject to the requirements of the Water Efficient Landscape Ordinance. This document is also intended for use and reference by City staff in reviewing, and approving designs and verifying compliance with the Water Efficient Landscape Ordinance. The general purpose of the Water Efficient Landscape Ordinance is to promote the design, installation, and maintenance of landscaping in a mamier that conserves regional water resources by ensuring that landscaping projects are not unduly water -needy and that irrigation systems are appropriately designed and installed to minimize water waste. (B) Other regulations affecting landscape design and maintenance practices are potentially applicable and should be consulted for additional requirements. These regulations include but may not be limited to: (1) State of California Assembly Bill 1881; (2) National Pollutant Discharge Elimination Pen -nit for the Municipal Separate Storm Sewer System; (3) Los Angeles County Fire DepartmentFuelModifications Plan Guidelines; (4) Water Conservation and Drought Response Regulations of the Walnut Valley Water District; (5) Regulations of the Walnut Valley Water District (Water District) Governing use of Recycled Water; (6) Zoning Code; (7) Building Code; (8) Specific Plans, Master Plans, General Plan, or similar land use and planning documents; and (9) Conditions of approval for a specific project 1.2 Applicability (A) The Water Efficient Landscape Ordinance and these Guidelines apply to all of the following landscape projects: 1 (1) New landscape projects with an aggregate landscape area equal to or greater than 500 square feet; requiring a building or landscape permit, plan check, plot plan, or zoning clearance review; (2) Rehabilitated landscape projects with an aggregate landscape area equal to or greater than 2,500 square feet, requiring a building or landscape permit, plan check, plot plan, or zoning clearance review; (3) New or rehabilitated landscape projects with an aggregate landscape area of 2,500 square feet or less may comply with the performance requirements of this ordinance or conform to the prescriptive measures contained in Appendix A; (4) New or rehabilitated projects using treated or untreated graywater or rainwater capture on site, any lot or parcels within the project that has less than 2,500 square feet of landscape area and meets the lot or parcel's landscape water requirement (Estimated Total Water Use) entirely with the treated or untreated graywater or though stored rainwater capture on site is subject only to Appendix A Section (5). (B) The requirements of the Guidelines may be partially or wholly waived, at the discretion of the City or its designee, for landscape rehabilitation projects that are limited to replacement plantings with equal or lower water needs and where the irrigation system is found to be designed, operable and programmed consistent with minimizing water waste in accordance with Walnut Valley Water District regulations, (C) Unless otherwise determined by the Community Development Director, the Water Efficient Landscape Ordinance and these Guidelines do not apply to: - (1) Registered local, state, or federal historical sites; (2) Ecological restoration projects that do not require a permanent irrigation system; (3) Mined -land reclamation projects that do not require a permanent irrigation system; or (4) Plant collections, as part of botanical gardens, and arboretums open to the public. 2. Submittal Requirements for New Landscape Installations or Landscape Rehabilitation Projects (A) Discretionary approval is typically required for landscape projects that are subject to site plan reviews, or where a variance from a local building code is requested, or other procedural processes apply such that standard or special conditions of approval may be required by the City. Discretionary projects with conditions of 2 approval may be approved administratively by City staff, or acted on formally by the Planning Commission, City Council, or other jurisdictional authority. A typical standard condition of approval reads: "Landscaping for the project shall be designed to comply with the City's Water Efficient Landscape Ordinance and with the Guidelines for Implementation of the Water_ Efficient Landscape Ordinance. " Landscape or ivater features that typically require a ministerial permit (i.e., a building, plumbing, electrical, or other similar permit), thereby triggering compliance with the Water Efficient Landscape Ordinance requirements independently of the need for discretionary approval include, but are not limited to, swimming pools, fountains or ponds, retaining walls, and overhead trellises. 2.2 Elements of the Landscape Documentation Package (A) A Landscape Documentation Package is required to be submitted by the project applicant for review and approval prior to the issuance of ministerial permits for landscape or water features by the City, and prior to start of construction. Unless otherwise directed by the City, the Landscape Documentation Package shall include the following elements either on plan sheets or supplemental pages as directed by the City: (1) Project Information, including, but not limited to, the following: (a) Date; (b) Project name; (c) _ Project address, parcel, and/or lot number(s); (d) - Total landscape area (square feet) and rehabilitated landscape area (if applicable); (e) Project type (e.g., new, rehabilitated, public, private; cemetery, homeowner -installed); (f) Water, supply type (e.g., potable, recycled, or well) and identification of the local retail water purveyor if the project applicant is not served by a private well; (g) Checklist or index of all documents in the Landscape Documentation Package; (h) Project contacts, including contact information for the project applicant and property owner; 3 (i) Certification of Design in accordance with Exhibit A of these Guidelines that includes a landscape professional's professional stamp, as applicable signature, contact information (including email and telephone number), license number, and date, certifying the statement that "The design of this project complies with the requirements of the City's Water Efficient Landscape Ordinance" and shall bear the signature of the landscape professional as required by law; and (j) Any other information the City deems relevant for determining whether the landscape project complies with the Water Efficient Landscape Ordinance and these Guidelines. (2) Maximum Applied Water Allowance (MAWA) and Estimated Applied Water Use (EAWU) expressed as annual totals including, but not limited to, the following: (a) Water Efficient Landscape Worksheet (optional at discretion of the City) for the landscape project-, (b) Hydrozone information table (optional at the discretion of the City) for the landscape project; and (c) Water budget calculations (optional at the discretion of the City) for the landscape project. (3) A soil management report or specifications, or specification provision requiring soil testing and amendment recommendations and implementation to be accomplished during construction of the landscape project. (4) A landscape design plan for the landscape project. - (5) An irrigation design plan for the landscape project. (6) A grading design plan, unless grading information is included in the landscape design plan for the landscape project or unless the landscape project is limited to replacement planting and/or irrigation to rehabilitate an existing landscape area. [Note: Authority Cited: Section 65595, Government Code. Reference: Section 65596, Govermnent Code.] 2.3 Water Efficient Landscape Calculations and Alternatives (A) The project applicant shall, provide the calculated Maximum Applied Water Allowance (MAWA) and Estimated Applied Water Use (EAWU) for the landscape area as part of the Landscape Documentation Package submittal to the 4 City. The MAWA and EAWU shall be calculated based on completing the Water Efficient LandscapeWorksheets (in accordance with the sample worksheets in Appendix C) which contain information on the plant factor, irrigation method, irrigation efficiency and area associated with each hydrozone. Calculations are then made to show that the` evapotranspiration adjustment factor (ETAF) for the landscape project does not exceed a factor of 0.55 for residential areas and 0.45 for non-residential areas, exclusive of Special Landscape Areas. The ETAF for a landscape project is based on the plant factors and irrigation methods selected. The Maximum Applied Water Allowance is calculated based on the maximum ETAF allowed (0.55 for residential areas and 0.45 for non-residential areas) and expressed as annual gallons required. The. EAWU is calculated based on the plants used and irrigation method selected for the landscape design. (B) The EAWU allowable for the landscape area shall not exceed the MAWA. The MAWA shall be calculated using an evapotranspiration adjustment factor (ETAF) of 0.55 for residential areas and 0.45 for non-residential areas, except for the portion of the MAWA applicable to any Special Landscape Areas within the landscape project, which shall be calculated using an ETAF of 1.0. Where the design of the landscape area can otherwise be shown to be equivalently water efficient, the project applicant may submit alternative or abbreviated information supporting the demonstration that the annual EAWU is less than the MAWA, at the discretion of and for the review and approval of the local agency. (C) Water budget calculations shall adhere to the following requirements (1) The MAWA shall be calculated using a Water Efficient Landscape Worksheet and equation presented in Appendix B on page B-1. The example calculation on page B-1 is a hypothetical example to demonstrate proper use of the equation. -- (2) The EAWU shall be calculated using a Water Efficient Landscape Worksheet and equations presented in Appendix C. (3) For the calculation of the MAWA and EAWU, a project applicant shall use the ETo values from the closest location listed the Reference Evapotranspiration Table in Appendix D. For geographic areas not covered in Appendix D,- data from other cities, or zip codes, located nearby in the same reference evapotranspiration zone may be used. (4) For calculation of the EAWU, the plant water use factor shall be determined as appropriate to the project location from the Water Use Efficiency of Landscape Species (WUCOLS) Species Evaluation List or from horticultural researchers with academic institutions or professional associations as approved by the California Department of water Resources (DWR). The plant factor ranges from 0 to 0.1 for very low water use plants, 0.1 to 0.3 for low water use plants, 0.4 to 0.6 for moderate water use plants, and 0.7 to 1.0 for high water use plants. 5 (5) For calculating the EAWU, the plant water use factor shall be determined for each valve hydrozone based on the highest -water -use plant species within the zone. The plant factor for each hydrozone may be required to be further refined as a "landscape coefficient," according to protocols defined in detail in the WUCOLS docutnent, to reflect planting density and microclimate effects on water need at the option of the project applicant or the City. (6) For calculation of the EAWU, the area of a water feature shall be defined as a high water use hydrozone with a plant factor of 1.0. (7) For calculation of the EAWU, a temporarily irrigated hydrozone area, such asan area of highly drought -tolerant native plants that are not intended to be irrigated after they are fully established, shall be defined as a very low water use hydrozone with a plant factor of 0.1. (8) For calculation of the MAWA, the ETAF for Special Landscape Areas (SLA) shall be set of 1.0. For calculation of the EAWU, the ETAF for SLA shall be calculated as the SLA plant factor divided by the SLA irrigation efficiency factor. (9) Irrigation efficiency (LE) of the irrigation heads - used within each hydrozone shall be assumed to be as follows, unless otherwise indicated by the irrigation equipment manufacturer's specifications or demonstrated by the project applicant: Irrigation Method DULQ DUur' EU IE'- E"Spray Spraynozzles 65% 79% 71% High efficiency spray nozzles 70% 82% 73% Multi stream/Multi trajectory rotary (MSMT) nozzles - 75% 85% 76% Streamrotor .nozzle 70% 82% 73% Microspray 75% 85% 76% Bubblers - 85% 77% Drip emitter 90% 81% Subsurface drip 90% 81% *DULH -.386 + (.614)(DUrQ) _** IE (spray) _ (DUce)(IME) - ** BE (drip) = Emission uniformity (EU)(iME) (D) The Maximum Applied Water Allowance shall adhere to the following requirements: (1) The Maximuin Applied Water Allowance shall be calculated using the equation presented in Appendix C. The reference evapotranspiration (ETo) values used for this calculation are from the Reference Evapotranspiration Table in Appendix D and are for planning purposes only. For actual irrigation scheduling, automatic irrigation controllers are 6 required and shall use current ETo data, such as from the California h-rigation Management Information System (CIMIS), other equivalent data, or soil moisture sensor data. 2.4 Soil and Stormwater Management (A) All planted landscape areas are required to have friable soil to maximize retention and infiltration. On engineered slopes, only amended planting holes need to meet this requirement. (B)- In order to reduce runoff and encourage healthy plant growth, a soil management report shall be completed by the project applicant, or his/her designee, as follows: (1) Submit soil samples to a certified agronomic soils laboratory, for analysis and recommendations. (a) Soil sampling shall be conducted in accordance with laboratory protocol, including protocols regarding adequate sampling depth for the intended plants. (b) The soil analysis may include, but is not limited to: 1. soil texture; 2. infiltration rate determined by laboratory test or soil texture infiltration rate table; 3. pH; 4. total soluble salts; 5. sodium; 6. percent organic matter; and ' 7. recormnendations. (2) In projects with multiple landscape installations (i.e. production home developments or common interest developments that are installing Iandscaping) a soil sampling rate of 1 in 7 lots or approximately 15% will satisfy this requirement-, evenly disbursed throughout the development. Large landscape projects shall sample at a rate equivalent to 1 in 7 lots or approximately 15% landscape area. The project applicant, or his/her designee, shall comply with one of the following: (a) If significant mass grading is not planned, the soil analysis report shall be submitted to the local agency as part of the Landscape Documentation Package; or 7 (b) If significant mass grading is planned, the soil analysis report shall be submitted to the City as part of the Certification of Completion. (c) The soil analysis report shall be made available, in a timely manner, to the professionals preparing the landscape design plans and irrigation design plans in order to make any necessary adjustments to the design plans. (d) The project applicant, or his/her designee, shall submit docmnentation verifying implementation of soil analysis report recommendations to the local agency with the Certification of Completion. [Note: Authority Cited: Section 65595, Government Code. Reference: Section 65596, Govermnent Code.] (C) It is strongly recommended that landscape areas be designed for capture and infiltration capacity that is sufficient to prevent runoff from impervious surfaces (i.e. roof and paved areas) from additional capacity as required by any applicable local, regional, state, or federal regulation and/or one of the following: the one inch, 24-hour rain event or the 85"' percentile, 24-hour rain event. (D) It is recommended that storm water projects incorporate any of the following elements to improve on-site stornwater and dry weather runoff capture and use: (1) Grade impervious surfaces, such as driveways, during construction to drain into vegetated areas. (2) Minimize the area of impervious surfaces such as paved areas, roof, and concrete driveways. (3) Incorporate pervious or porous surfaces (e.g. gravel, permeable pavers or blocks, pervious or porous concrete) that minimize runoff. (4) Direct runoff from paved surfaces and roof areas into planting beds or landscape areas to maximize site water capture and reuse. (5) Incorporate rain gardens, cisterns, and other rain harvesting or catchment systems. (6) hncorporate infiltration beds, swales, basins, and drywells to capture stormwater and dry weather runoff and increase percolation into the soil. (7) Consider constructed wetlands and ponds that retain water, equalize excess flow, and filter pollutants. 8 [Note: Authority cited: Section 65595, Government Code. Reference: Section 65596, Govenunent Code.], 2.5 Landscape Design Plan (A) For the efficient use of water, a landscape shall be carefully designed and planned for the intended function of the project. The following design criteria shall be submitted as part of the Landscape Docunzentation Package. (1) Plant Material (a) Any plant may be selected for the landscape area provided the EAWU in the landscape area does not exceed the AM WA. Methods to achieve water efficiency shall include one or more of the following: (2) Protection and preservation of non-invasive water -conserving plant, tree and turf species; (3) Selection of water -conserving plant, tree and turf species; (a) Selection of plants based on local climate suitability, disease and pest resistance; (5) Selection of trees based on applicable City and local tree ordinances of tree shading guidelines, and size at maturity as appropriate for the planting area; and (16) Selection of plants from local and regional landscape program plant lists.' (7) Selection of plants from local Fuel Modification Plan Guidelines. (B) Each hydrozone shall have plant materials with similar water use; with the exception of hydrozones with plants of mixed water use, as specified in Section 2.5(a)(2)(D) of these Guidelines. (C) Plants shall- be selected and planted appropriately based upon their adaptability to the climatic, geologic, and topographical conditions of the project site. Methods to achieve water efficiency shall include one or more of the following: (1) Use the Sunset Western Climate Zone System, or equivalent generally accepted models, which takes into account temperature, humidity, elevation, terrain, latitude, and varying degrees of continental and marine influence on local climate; (2) Recognize the horticultural attributes of plants (i.e., mature plant size, invasive surface roots) to minimize damage to property or infrastructure 01 (e.g., buildings, sidewalks, and power lines); allow for adequate soil volume for healthy root growth; and (3) Consider the solar orientation for plant placement to maximize sunnner shade and winter solar gain. (D) Turf is discouraged on slopes greater than 25% where the toe of the slope is adjacent to an irnpermeable hardscape and where 25% means 1 foot of vertical elevation change for every 4 feet of horizontal length (rise divided by run x 100 = slope percent). (E) High wateruseplants, characterized by a plant factor of 0.7 to 1.0, are prohibited in street medians. (F) A landscape design plan for projects in fire -prone areas and fuel modification zones shall comply with requirements of the local Fire Authority, where applicable. Refer to .the local Fuel Modification Plan Guidelines. When conflicts between water conservation and fire safety design elements exist, the fire safety requirements shall have priority. (G) The use of invasive plant species plant species, such as those listed by the California Invasive Plat Council, is strongly discouraged. (H) The architectural guidelines of a common interest development, which include coimnunity apartment projects, condominiums, planned developments, and stock cooperatives, shall not prohibit or include conditions that have the effect of prohibiting the use of water efficient plant species as a group. (1) Water Features (a) Recirculating water systems shall be used for water features. - (b) Where available and consistent with public health guidelines, recycled water shall be used as a source for decorative water features. (c) The surface area of a water feature shall be included in the high water use hydrozone area of the water budget calculation. (d) Pool and spa covers are highly recommended. (2) Soil Preparation, Mulch and Amendments (a) Prior to planting of any materials, compacted soils shall be transformed to a friable condition. On engineered slopes, only amended planting holes need to meet this requirement. 10 (b) Soil amendments shall be incorporated according to the recommendations of the soil report and what is appropriate for plants selected. (e) For landscape installations, compost at a rate of a minimum of four cubic yards per 1,000 square feet of permeable area shall be incorporated to a depth of six inches into the soil. Soils with greater than 6% organic matter in the top 6 inches of soil are exempt from adding compost and tilling. (d) A minimum three inch (3") layer of mulch shall be applied on all exposed soil surfaces of planting areas except in turf areas, creeping or rooting groundcovers, or direct seeding applications where mulch is contraindicated. To provide habitat for beneficial insects and other wildlife, up to 5% of the landscape area may be left without mulch. Designated insect habitat must be included in the landscape design plan as such. (e) Stabilizing mulching products shall be used on slopes that meet current engineering standards such as -those detailed in the USDA/USAID Low -Volume Roads Engineering Best Management Practices Field Guide. (f) The mulching portion of the seedlmulch slurry in hydro -seeded applications shall meet the mulching requirement. (g) Organic mulch materials made from recycled or post -consumer shall take precedence over inorganic materials or virgin forest products unless the recycled post -consumer organic products are not locally available. Organic mulches are not required where prohibited by local fuel Modification Plan Guidelines or other applicable local ordinances. (I) The landscape design plan, at a minimum, shall: (1) Delineate and label each hydrozone by number, letter, or other method; (2) Identify each hydrozone as low, moderate, high water, or mixed water use. Temporarily irrigated areas of the landscape area shall be included in the low water use hydrozone for the water budget calculation; (3) Identify recreational areas; - (4) Identify areas permanently and solely dedicated to edible plants; (5) Identify areas irrigated with recycled water; (6) Identify type of mulch and application depth; 11 (7) Identify soil amendments, type, and quantity; (8) Identify type and surface area of water features, (9) Identify hardscapes (pervious and non pervious); (10) Identify location and installation details, and 24-hour retention or infiltration capacity of any applicable storm water best management practices that encourage on-site retention and infiltration of storm water. Project applicants shall refer to the local agency or regional Water Quality Control Board for information on any applicable stotmwater technical requirements. Storm water best management practices are encouraged in the landscape design plan and examples are provided in Section 2.4(C) - (D) (11) Identify any applicable rain harvesting or catchment technologies (e.g., rain gardens, cisterns, etc.); (12) Contain the following statement: "I have complied with the criteria of the Water Efficient Landscape Ordinance and applied them for the efficient use of water in the landscape design plan;" and (13) Bear the signature of a California -licensed landscape professional. [Note: Authority Cited: Section 65595, Reference: Section 65596, Government Code and Section 1351, Civil Code.] 2.6 Irrigation Design Plan (A) This section applies to landscape areas requiring permanent irrigation, not areas that require temporary irrigation solely for the plant establishment period. For the efficient use of water, an irrigation system shall meet all the requirements listed in this section and the 'manufacturer's recommendations. The irrigation system and its related components shall be planned and designed to allow for proper installation, management, and maintenance. An irrigation design plain meeting the following design criteria shall be submitted as part of the Landscape Documentation Package. (1) System (a) Landscape water meters, defined as either a dedicated water service meter or private sub meter, shall be installed for all non- residential irrigated landscapes of 1,000 sq. ft. but not more than 5,000 sq. ft. (the level at which Water Code 535 applies) and residential irrigated landscapes of 5,000 sq.. ft. or greater. A landscape water meter may be either: 12 1. A customer service meter dedicated to landscape use provided by the Walnut Valley Water District; or 2. A privately owned meter or sub meter. (b) Automatic irrigation controllers utilizing either evapotranspiration or soil moisture sensor data with non-volatile memory shall be required for irrigation scheduling in all irrigation systems, recommending U.S. EPA WaterSense labeled devices as applicable. (c) Sensors (rain, freeze, wind, etc.), either integral or auxiliary, that suspend or alter irrigation operation during unfavorable weather conditions shall be required on all irrigation systems, as appropriate for local climatic conditions. Irrigation should be avoided during windy or freezing weather or during rain. (d) If the water pressure is below or exceeds the recommended pressure of the specified irrigation devices, the installation of a pressure regulating device is required to ensure that the dynamic pressure at each emission device is within the manufacturer's recommended pressure range for optimal performance. 1. If the static pressure is above or below the required dynarnic pressure of the irrigation system, pressure -regulating devices such as inline pressure regulators, booster pumps, or other devices shall -be --installed to meet the required dynamic prey`dim#fie irr gatiori system. 2. Static water pressure, dynamic or operating pressure, and flow reading of the water supply shall be measured at the point of - connection. These pressure and flow measurements shall be conducted at the design stage. If the measurements are not available at the design stage, the measurements shall be conducted at installation. (e) Backflow prevention devices shall be required to protect the water supply from contamination by the irrigation system. A project applicant shall refer to the applicable City code (i.e., public health) for additional backflow prevention requirements. (1) A inaster shutoff valve shall be as close as possible to the point of connection and is required on all projects; with the exception for landscapes that make use of technologies that allow for the individual control of sprinklers that are individually pressurized in a system equipped with low pressure shut down features. 13 (g) Flow sensors that detect high flow conditions created by system damage or malfunction are required for all non-residential landscapes and residential landscapes of 5,000 sq. ft. of larger. The flow sensor must be in combination with a master shut-offvalve. (h) Manual isolation valves (such as a gate valve, ball valve, or butterfly valve) shall be required downstream of the point of connection of the water supply to minimize water loss in case of an emergency (such as a main line break) or routine repair. (i) The irrigation system shall be designed to prevent runoff, low head drainage, overspray, or other similar conditions where irrigation water flows onto non -targeted areas, such as adjacent property, non -irrigated areas, hardscapes, roadways, or structures. (j) Relevant information from the soil management plan, such as soil type and infiltration rate, shall be utilized when designing irrigation systems. (k) The design of the irrigation system shall conform to the hydrozones of the landscape design plan. (1) All irrigation emission devices must meet the requirements set in the Arnerican National Standards Institute (ANSI) standard, American Society of Agricultural and Biological- EngineersAnternational Code Council's (ASABE/ICC) 802-2014 "Landscape Irrigation Sprinlder and Emitter Standard, All Sprinkler head's installed in the landscape must document a distribution uniformity low _quarter of 0.65 or higher using the protocol defined in ASBE/ICC 802-2014. (m) Average irrigation efficiency (IE) for the project shall be determined in accordance with the EAWU calculation sheet in Appendix B. Unless otherwise indicated by the irrigation equipment manufacturer's specifications or demonstrated by the project applicant, the irrigation efficiency of the irrigation heads used within each hydrozone shall as listed in Section 2.3(C)(9). (n) It is required that the project applicant or local agency inquire with the Walnut Valley Water District about peak water operating demands (on the water supply system) or water restrictions that may impact the effectiveness of the irrigation system. (o) In mulched planting areas, the use of low voluine irrigation (drip or low volume overhead irrigation) is required to maximize water infiltration into the root zone; with. the exception of areas with fuel modification requirements and/or those that require plant establishment to comply with local grading ordinances. 14 (p) Sprinkler heads and other emissions devices shall have matched precipitation rates, unless otherwise directed by the manufacturer's recommendations. (q) Head to head coverage is recommended. However, sprinkler spacing shall be designed to achieve the highest possible distribution uniformity using the manufacturer's recommendations. (r) Swing joint components are required on all sprinklers subject to damage that are adjacent to hardscapes or in high traffic areas of turf. - (s) Check valves or anti -drain valves are required on all sprinkler heads where low point drainage could occur. (t) Areas less than ten (10) feet in width in any direction shall be irrigated with subsurface irrigation or other means that produces no runoff or overspray. (u) Overhead irrigation shall not be permitted within 24 inches of any non -permeable surface. Allowable irrigation within the setback from non -permeable surfaces may include drip, drip lune, or other low flow non -spray technology. The setback area may be planted or unplanted. The surfacing of the setback may be mulch, gravel, or other porous material. These restrictions may be modified if: _ 1. the landscape area is adjacent to permeable surfacing and no runoff occurs; or 2. the adjacent non-petmeable surfaces are designed and constructed to drain entirely to landscaping; or 3. the irrigation designer for the landscape project specifies an alternative design or technology, as part of the Landscape Documentation Package, and clearly demonstrates strict adherence to the irrigation system design criteria inSection2.5 (a)(1)(11) hereof. Prevention of overspray and runoff must be confirmed during an irrigation audit. 4. slopes greater than 25% shall not be irrigated with an irrigation system with a application rate exceeding 0.75 inches per hour. This restriction may be modified if the landscape designer of the landscape project specifies an alternative design or technology, as part of the Landscape Documentation Package, and clearly demonstrates no runoff or erosion will occur. Prevention of runoff and erosion must be confirmed during the irrigation audit. 15 (2) Hydrozone (a) Each valve shall irrigate a hydrazone with similar site, slope, sun exposure, soil conditions, and plant materials with similar water use. (b) Sprinkler heads and other emission devices shall be selected based on what isappropriatefor the plant type within that hydrozone. (c) Where feasible, trees shall be placed on separate valves from shrubs, groundcovers, and turf to facilitate the appropriate irrigation of trees. The mature size and extent of the root zone shall be considered when designing irrigation for the tree. (d) Individual hydrozones that mix plants of moderate and low water use or moderate and high water use may be allowed if: 1. The plant factor calculation is based on the proportions of the respective plant water uses and their respective plant factors; or 2. The plant factor of the higher water using plant is used for the calculations. (e) Individual hydrozones that mix high and low-water use plants shall not be permitted. (f) On the landscape design plan and irrigation design plan, hdrozone areas shall be designated by number, letter, or other designation. On the irrigation design plan, designate the areas irrigated by each valve and assign a number to each valve. (g) The irrigation design plan, at a minimurn, shall contain: 1. the location and size of separate water meters for landscape; 2. the location, type, and size of all components of the irrigation system, including controllers, main and lateral lines, valves, sprinkler heads, moisture sensing devices, rain switches, quick couplers, pressure regulators, and backflow prevention devices; 3. static water pressure at the point of connection to the public water supply; 4. flow rate (gallons per minute), application rate (inches per hour), and design operating pressure (pressure per square inch) for each station; 16 5. irrigation schedule parameters necessary to program smart timers specified in the landscape design; 6. the following statement: "I have complied with the criteria of the Water Efficient Landscape Ordinance and applied them accordingly for the efficientuse of water in the irrigation design plan;" and 7. the signature of a California -licensed landscape professional. [Note: Authority Cited: Section 65595, Govermnent Code. Reference: Section 65596, Government Code.] 2.7 Grading Design Plan (A) For the efficient use of water, grading of a landscape project site shall be designed to minimize soil erosion, runoff, and water waste. Finished grading configuration of the landscape area, including pads, slopes, drainage, post -construction erosion control, and storm water control Best Management Practices, as applicable, shall be shown on the Landscape Plan unless this information- is fully included in separate Grading Plans for the project, or unless the project is limited to replacement planting and/or irrigation to rehabilitate an existing landscape area. (B) The project applicant shall submit a landscape grading plan that indicates finished - configurations and elevations of the landscape area including: (1) Height of graded slopes; (2) Drainage patterns; (3) Pad elevations; (4) Finish grade; and (5) Storm water retention improvements, if applicable. (C) To prevent excessive erosion and runoff, it is highly recommended that the project applicant: (1) Grade so that all irrigation and normal. rainfall remains within property lures and does not drain onto non -permeable &ardscapes; (2) Avoid disruption of natural drainage patterns and undisturbed soil; and (3) Avoid soil compaction in landscape areas. (D) The Grading Design Plan shall contain the following statement: "I have complied with the criteria of the ordinance and applied them accordingly for the efficient 17 use of water in the grading design plan" and shall bear the signature of the landscape professional, as required bylaw. [Note: Authority Cited: Section 65595, Government Code. Reference: Section 65596, Government Code.] 2.8 Certification of Completion (A) Landscape project installation shall not proceed until the Landscape Documentation Package has been approved by the City and any ministerial permits required are issued. (B) The project applicant shall notify the City at the beginning of the installation work and at intervals, as necessary, for the duration of the landscape project work to schedule all required inspections. (C) Certification of Completion of the landscape project shall be obtained through a Certificate of Use and Occupancy or a Permit Final. The requirements for the Final Inspection and Permit Closure include submittal of: (1) A Landscape Installation Certificate of Completion in the form included as Appendix D of these Guidelines, which shall include: (i) certification by a landscape professional that the landscape project has been installed per the approved Landscape Documentation Package; and (ii) the following statement: "The landscaping has been installed in substantial conformance to the design plans, and complies with the provisions of the Water. Efficient Landscape Ordinance for the efficient use of water in the landscape." (a) Where there have been significant changes (as deemed by the local permitting agency) made in the field during construction, these "as -built" or record drawings shall be included with the certificate (b) A diagram of the irrigation plan showing hydrozones shall be kept with the irrigation controller for subsequent management purposes. (2) Documentation of the irrigation scheduling parameters used to set the controller(s); (3) An irrigation audit report from a local agency landscape irrigation auditor or third party certified landscape irrigation auditor, documentation of enrollment in regional or Walnut Valley Water District's water conservation programs, and/or docranentation that the MAWA and EAWU information for the landscape project has been submitted to the Walnut Valley Water District, may be required at the option of the City. Example Inspection Affidavit is included as Appendix H. 18 (a) Landscape audits shall not be conducted by the person who designed or installed the landscape. (b) In large projects or projects with multiple landscape installations (i.e. production home developments or common interest developments) an auditing rate of 1 in 7 lots or approximately 15% will satisfy this requirement. [Note:, Authority Cited: Section 65595, Govermnent Code. Reference: Section 65596, Government Code.] 2.9 Post -Installation Irrigation Scheduling (A) For the efficient use of water, all irrigation schedules shall be developed, managed, and evaluated to utilize the minimum amount of water required to maintain plant health. Irrigation schedules shall meet the following criteria: (1) Irrigation scheduling shall be regulated by automatic irrigation controllers. (2) Overhead irrigation shall be scheduled in accordance with the Walnut Valley Water District's Water Conservation Ordinance. Operation of the irrigation system outside the normal watering window is allowed for auditing and system maintenance. [Note: Authority Cited: Section 65595, Govermnent Code. Reference: Section 65596, Govermnent Code.] 2.10 Post -Installation Landscape and Irrigation Maintenance (A) Landscapes shall be maintained to ensure water use efficiency in accordance with existing local agency code. 3. Provisions for Existing Landscapes (A) Irrigation of all landscape areas shall be conducted in a manner conforining to the rules and requirements and shall be subject to penalties and incentives for water conservation and water waste prevention, as determined and implemented by the Walnut Valley Water District and as may be mutually agreed by the City. (S) The City and/or the regional or Walnut Valley Water District may administer programs such as irrigation water use analyses, irrigation surveys and/or irrigation audits, tiered water rate structures, water budgeting by parcel, or other approaches to achieve landscape water use efficiency community -wide to a level equivalent to or less than would be achieved by applying a AM WA calculated with an ETAF of 0.8 to all landscape areas in the City over one acre in size. (C) The architectural guidelines of a common interest development, including apartments, condominiums, planned developments, and stock cooperatives, shall 19 not prohibit or include conditions that have the effect of prohibiting the use of low-water use plants as a group [Note: Authority Cited: Section 65595, Government Code. Reference: Section 65596, Government Code.] 4. Public Education (A) Publications. Education is a critical component to promote the efficient use of water in landscapes. The use of appropriate principles of design, installation, management, and maintenance that save water is encouraged in the community. (B) Model Homes. All model homes that are landscaped shall use signs and written information to demonstrate the principles of water efficient landscapes as described. (1) Signs shalhbe used to identify the model as an example of a water efficient landscape featuring elements such as hydrozones, irrigation equipment, and others that contribute to the overall water efficient theme. Signage shall include information about the site water use as designed per the local ordinance; specify who designed and installed the site water efficient landscape; and demonstrate low water use approaches to landscaping such as using appropriate plants, alternative water sources, or rainwater catchinent systems. (2) Information shall be provided about designing, installing, managing, and maintaining water efficient landscapes. [Note: Authority Cited: Section 65595, Government Code. Reference: Section 65596, Government Code.] 20 Appendix A: Prescriptive Compliance Option PRESCRIPTIVE COMPLIANCE OPTION (A) This appendix contains prescriptive requirements which may be used as a compliance option to the Ordinance. (B) Compliance with the following items is mandatory and must be documented in a landscape plan in order to use the prescriptive compliance option: (1) Submit a Landscape Documentation Package which includes the following elements: (a) Date (b) Project applicant (c) Project address (if available, parcel and/or lot number (s)) (d) Total landscape area (square feet), including a breakdown of turf and plant material (e) Project type (e.g., new, rehabilitated, public, private, cemetery, homeowner -installed) (f) Water supply type (e.g., potable, recycled, well) and identify the local retail water purveyor if the applicant is not served by a private well (g) Contact information for the project applicant and property owner (h) Applicant signature and date with statement, "I agree to comply with the requirements of the prescriptive compliance option to the MWELO" (2) Incorporate compost at a rate of at least four cubic yards per 1,000 square feet to a depth of six inches into landscape area (unless contra-indicated by a soil test); (3) Plant material shall comply with all of the following: (a) For residential areas, install climate adapted plants that require occasional, little or no summer water (average WUCOLS plan factor 0.3) for 75% of the plant area excluding edibles and areas using recycled water; For non-residential areas, install climate adapted plants that require occasional, little or no summer water 21 (average WUCOLS plan factor 0.3) for 100% of the plant area excluding edibles and areas using recycled water; (b) A minimum three inch (3") layer of mulch shall be applied on all exposed soil surfaces of planting areas except in turf areas, creeping or rooting groundcovers, or direct seeding applications where mulch is contraindicated. (4) Turf shall comply with all of the following: (a) Turf shall not exceed 25% of the landscape area in residential areas, and turf shall not be planted in non-residential areas (b) Tanf shall not be planted on sloped areas which exceed a slope of 1 foot vertical elevation change for every 4 feet of horizontal length; (c) Turf is prohibited in parkways less than 10 feet wide, unless the parkway is adjacent to a parking strip and used to enter and exit vehicles. Any turf in parkways must be irrigated by sub -surface irrigation, or by other technology that creates no onersproy or runoff. (5) Irrigation systems shall comply with the following: (a) Automatic- irrigation controllers are required and must use evapotranspiration or soil moisture sensor data (b) Irrigation controllers shall be of a type which does not lose prograrmning data in the event the primary power source is interrupted. (c) Pressure regulators shall be installed on the irrigation system to ensure the dynamic pressure of the system is within the manufacturers recommended pressure range. (d) Manual shut-off valves (such as a gate valve, ball valve, or butterfly valve) shall be installed as close as possible to the point of connection of the water supply. (e) All irrigation emission devices must meet the requirements set in the ANSI standard, ASABE/ICC802-2014. "Landscape irrigation Sprinkler and Emitter Standard. All Sprinkler heads installed in the landscape roust document a distribution uniformity low quarter of 0.65 or higher using the protocol defined in ASABE/ICC 802- 2014. 22 (C) At the time of final inspection, the permit applicant must provide the owner of the property with a certificate of completion, certificate of installation, irrigation schedule and a schedule of landscape and irrigation maintenance. 23 Appendix B: Certification of Landscape Design CERTIFICATION OF LANDSCAPE DESIGN I hereby certify that: (1) I am a professional appropriately licensed in the State of California to provide professional landscape design services. (2) The landscape design and water use calculations for the property located at (provide street address or parcel number(s)) were prepared by me or under my supervision. (3) The landscape design and water use calculations for the identified property comply with the requirements of the City of Diamond Bar Water Efficient Landscape Ordinance (Municipal Code Sections 8.14 and 22.26) and the City of Diamond Bar Guidelines for Implementation of the -City of Diamond Bar Water Efficient Landscape Ordinance. (4) The information I have provided in this Certificate of Landscape Design is true and correct and is hereby submitted in compliance with the City of Diamond Bar Guidelines for Implementation of the City of Diamond Bar Water Efficient Landscape Ordinance. Print Name Signature Address Telephone Landscape Design Professional's Stamp 24 Date License Number E-mail Address Appendix C: Water Efficient Landscape Worksheet WATER EFFICIENT LANDSCAPE WORKSHEET This worksheet is filled out by the project applicant and it is a requited item of the Landscape Documentation Package. Reference Evapotranspiration (Ho)': Landscape Area Sector Type [ ] Residential (select one): [ ] Non -Residential Regular Landscape Area 1 2 Estimated Hydrozone Plant 3 Irrigation Total Water #/Planting Factor' Irrigation Efficiency` ETAF Landscape 5 Use Description Location (PF) Method` (IE) (PF/IE) Area (sq -ft) ETAF xArea (ETWU) Regular Landscape Area 1 2 3 4 5 6 7 8 9 10 11 12 Average Total Total Area SLA -1 SLA -2 SLA -3 SLA -4 SLA -5 25 Average ETAF for Regular In Not In Landscape Areas' (circle one): Compliance Compliance Totals Total landscape Area Site wide ETAF ETWU Total Maximum Allowed Water Allowance (MAWA)f WORKSHEET INFORMATION & EQUATIONS 'Local monthly evapotranspiration rates are listed in Appendix D. b The following table can be used for common plant factors: -Plant Factor PF Very low water use plant 0.1 Low water use plant 0.2 Medium water use plant 04<ti. High water use plant 0.8 Lawn - 0.8. - Pool, spa, or other water feature 1.0 'Irrigation efficiency is derived from measurements and estimates of irrigation system characteristics and management practices. The minimum average irrigation efficiency for purposes of these Guidelines is 0.71. The following irrigation efficiency may be obtained for the listed irrigation heads with an Irrigation Management Efficiency of 90%: Irrigation Method IE Spray nozzles 71% High efficiency spray nozzles 73% Multi stream/Multi trajectory rotary (MSMT) nozzles 76% Stream rotor nozzle 73% Microspray - 76% Bubblers 77% Drip emitter 81% Subsurface drip - - 81% - d Estimated Total Water Use (ETWU) is the annual gallons required ETWU = (ETo) x (0.62) x (ETAF x Area) where, ETo = annual evapotranspiration rate in inches per year - 0.62 = factor used to convert inches per year to gallons per square foot ETAF = plant factor - irrigation efficiency _ 'Average ETAF for Regular Landscape Areas must be 0.55 or below for residential areas, and 0.45 or below for nonresidential areas. t Maximum Allowed Water Allowance (MAWA) is the annual gallons allowed M AWA = (ETo) x (0.62) x [(ETAF x LA) + ((1-ETAF) x SLA)] where, ETo = annual evapotranspiration rate in inches per year 0.62 =factor used to convert inches per year to gallons per square foot ETAF =plant factor . irrigation efficiency LA— total (site wide) landscape area in square feet SLA =total special landscape area 26 yOj V I i . L r-: u I I A IN N N N N N N N N N N Iv) N N N N N N IN N N N 0 � � ut IIM � M Vl vt ISD Vl IIIA Ir � � lD � vt lD ID I� I N IV M M ID d' 1 - V I� G t O1 vt ID •--� l� Vi m ,-. W N O1 O 00 Gd Uj V vl Vl d' ' d' � d' d' I V V ul� V � � d' vt d' V vt V H � I a o I O w �] aIN V- .� �p I vi 'in in `n vi vi Ip Ip h `n 1 I I b a IlD N vi � O M � Imo. � 11D r' � G� ID O ILS N V) N NEy Fpj Vl I Vl lD a' <Y Ip li Vl V �. d' vl Vl d' ul I Vl Vl I! Vl Ili vl � 41 Vl N O I I I . _ •• M 0 O V� N 117I d' M 01 IM O O1 d' M W � vt vi vi d- I � in vi vi V vi � vi V I v; ut � vi vi I d� vi vi z II Ivi V N N N vt M N l� ut 7 Ip N vl V I I M M'M-IIM M M M �FfT M ISM �M ',M M M ?M M M M �m M M � Vl I� 00 d' I� IIN 1 W Vl Vl Vl Vl M Vl Vl [� M IO � � Vl '. ul III VI III F -y N N N iN N N N N N N_N N N L.N N IN N IN 'N N �j N N N ',N N N �N N N N N N N N N N N N �N iN IN %� Cd O O SII O O G U O p L q G'I y ❑ C)'^7 y � O O O O � tt p p ttl '. 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'zwo r R y O C3 CCS C cCC d ^' C alyala aV) a a a al,a a �0 U T O O ter'. cc O by N W .moi iy w � � r U � F' O O N m vl I I U ', A �qN '� LN N iNi N ',N z N IN N Ni Ni N .I , 4 vi '.. u N IN Cl N ISN � M :M IiN Gl Vl �O F9 v1 Vt li lD vl I, iD Vl �D 'I i cz, I M �,, 'II Vl Vl Vl Vl I. Vl vl 'i v'1 G N �,N Vl �O IIS M G1' IT d' Ni IIN �cV N N N IN I I I N :N LN '.N V U T O O ter'. cc O by N W .moi iy w � � r U � Appendix E: Certificate of Completion LANDSCAPE INSTALLATION CERTIFICATE OF COMPLETION I hereby certify that: (1) I am a professional appropriately licensed in the State of California to provide professional landscape design services for. (project name, mailing address and telephone). (2) The landscape project for the property located at (provide street address or parcel number(s)) was installed by me or under my supervision. (3) The landscaping for the identified property has been installed in substantial conformance with the approved Landscape Documentation Package and complies with the requirements of the City of Diamond Bar Water Efficient Landscape Ordinance (Mmricipal Code Sections 8.14 and 22.26) and the City of Diamond Bar Guidelines for bnplementation of the City of City of Diamond Bar Water, Efficient LandscapeOrdinancefor the efficient use of water in the landscape. (4) The following elements are attached hereto: a. Irrigation scheduling parameters used to set the controller; b. Landscape and irrigation maintenance schedule; c. Irrigation: audit report; and d. Soil analysis report, if not submitted with Landscape Documentation Package, and documentation verifying implementation of the soil report recommendations. (5) The site installation complies with the following: a. The required irrigation system has been installed according to approved plans and specifications and if applicable, any prior approved irrigation system alternatives. Yes No b. Sprinklers comply with ASABE/ICC 802-2014 Landscape Irrigation Sprinkler & Emitter Standard. Yes No (6) The infonnation I have provided in this Landscape Installation Certificate of Completion is true and correct and is hereby submitted in compliance with the City of Diamond Bar Guidelines for Implementation of the City of Diamond Bar Water Efficient Landscape Ordinance. 30 Print Name Signature Address Telephone Landscape Design Professional's Stamp (Lf Appropriate) 31 Date License Number E-mail Address Appendix F: Definitions DEFINITIONS . The terms used in these Guidelines have the meaning set forth below: "Aggregate" area pertains to production home neighborhoods, common interest developments, or other situations where multiple parcels are undergoing landscape development as one project, but may eventually be individually owned or maintained. "Backflow prevention device" means a safety device used to prevent pollution or contamination of the water supply due to the reverse flow of water from the irrigation system. "Check valve" or "anti -drain valve" means a valve located under a sprinklerhead, or other location in the irrigation system, to hold water in the system to prevent drainage from sprinkler heads when the sprinkler is off. "Certified Landscape Irrigation Auditor" means aperson certified to perform landscape irrigation audits by an accredited aeadennic institution, a professional trade organization or other program such as the US Environmental Protection Agency's WaterSense irrigation auditor certification program and Irrigation Association's Certified Landscape Irrigation Auditor program. "Certification of Design" means the certification included as Exhibit E of these Guidelines that must be included in the Landscape Documentation Package pursuant to Section 2.1 of these Guidelines. "City" means the City of Diamond Bar or its authorized designee. "Common interest developments" means cormnunity apartment projects, condominium projects, planned developments, and stock cooperatives per Civil Code Section 1351 "Distribution Uniforrmity" or "DU' is a measure of how uniformly an irrigation head applies water to a specific target area and theoretically ranges form zero to 100 percent. "Drip" irrigation means any non -spray low volume irrigation system utilizing emission devices with a flow rate measured in gallons per hour. Low volume irrigation systems are specifically designed to apply small volumes of water slowly at or near the root zone of plants. "Emitter" means a drip irrigation emission device that delivers water slowly from the system to the soil. "Estimated Applied Water Use" or "EAWU" means the annual total amount of water estimated to keep plants in a healthy state. It is based on factors such as reference evapotranspiration rate, the size of the landscape area, plant water use factors, and the irrigation efficiency within each hydrozone. 32 "Evapotranspiration adjustment factor" or "ETAF" means a factor of 0.7, that, when applied to reference evapotranspiration, adjusts for plant factors and irrigation efficiency, two major influences upon the amount of water that needs to be applied to the landscape. A combined plant mix with a site -wide average of 0.5 is the basis of the plant factor portion of this calculation. For purposes of the ETAF, the average irrigation efficiency is 0.71. Therefore, the ET Adjustment Factor is (0.7)=(0.5/0.71). ETAF for a Special Landscape Area shall not exceed 1.0. ETAF for existing non -rehabilitated landscapes is 0.8. "Evapotranspiration rate" means the quantity of water evaporated from adjacent soil and other surfaces and transpired by plants during a specified time. "Flow rate" means the rate at which water flows through pipes, valves and emission devices, measured in gallons per minute, gallons per hour, or cubic feet per second. "Hardscapes" means any durable material or feature (pervious and non pervious) installed in or around a landscape area, such as pavements or walls. Pools and other water features are considered part of the landscape area and not considered hardscapes for purposes of these Guidelines. "Graywater" means a system intreated wastewater that hasnotbeen contaminated by any toilet discharge, has not been affected by infectious, contaminated, or unhealthy bodily wastes, and does not present a threat from contamination by unhealthy processing, manufacturing, or operating wastes. Graywater includes, but is not limited to, wastewater from bathtubs, showers, bathroom washbasins, clothes washing machines. And laundry tubs, but does not include wastewater from kitchen sinks or dishwashers as per the Health and Safety Code (Section 17922.12). Graywater° systems promote the efficient use of water and are encouraged to assist in on-site landscape irrigation. All graywater systems shall conform to the California Plumbing Code (Title 24, Part 5, Chapter 16) and any applicable local ordinance standards. "Hydrozone" means a portion of the landscape area having plants with similar water needs and typically irrigated by one valve/controller station. A hydrozone may be irrigated or non- irrigated. "Infiltration rate" means the rate of water entry into the soil expressed as a depth of water per unit of time (e.g., inches per hour). "Invasive" plants species or "noxious" means species of plants not historically found in California that spread outside cultivated areas and can damage environmental or economic resources. Invasive plant species may be regulated by county agricultural agencies as noxious species. "Irrigation audit" means an in-depth evaluation of the performance of an irrigation system conducted by a Certified Landscape Irrigation Auditor. An irrigation audit includes, but is not limited to: inspection, system tune-up, system test with distribution uniformity or emission uniformity, reporting overspray or runoff that causes overland flow, and preparation of an irrigation schedule. 33 "Irrigation Management Efficiency" or "IME" means the measurement used to calculate the irrigation efficiency of the irrigation system for a landscaped project. A 90% IME can be achieved by using evaporhanspiration controllers, soil moisture sensors, and other methods that will adjust irrigation run times to meet plant water needs. "Irrigation efficiency" means the measurement of the amount of water beneficially used divided by the amount of water applied. Irrigation efficiency is derived from measurements and estimates of irrigation system characteristics and management practices. The irrigation efficiency for purposes of this Water Efficient Landscape Ordinance are 0.75 for overhead spray devices and 0..81 for drip systems. "Landscape coefficient" (K ) is the product of a plant factor multiplied by a density factor and a microclirnate factor. The landscape coefficient is derived to estimate water loss from irrigated landscape areas and special landscape areas. "Landscape Documentation Package" means the package of documents that a project applicant is required to submit to the City pursuant to Section 2.1 of these Guidelines. "Landscape Installation Certificate of Completion" means the certificate included as Exhibit F of these Guidelines that must be submitted to the City pursuant to Section 2.7(a)(1) of hereof. "Landscape professional" means a licensed landscape architect, licensed landscape contractor, or any other person authorized to design a landscape pursuant to Sections 5500.1, 5615, 5641, 5641.1, 5641.2, 5641.3, 5641.4, 5641.5, 5641.6, 6701, 7027.5 of the Califonria Business and Professions Code, Section 832.27 of Title16 of the California Code of Regulations, and Section 6721 of the California Food and Agriculture Code. "Landscape area" means all the planting areas, turf areas, and water features in. a landscape design plan subject to the Maximum Applied Water Allowance and Estimated Applied Water Use calculations. The landscape area does not include footprints of buildings or structures, sidewalks, driveways, parking lots, decks, patios, gravel or stone walks, other pervious or non - pervious hardscapes, and other non -irrigated areas designated for non -development (e.g., open spaces and existing native vegetation). "Lateral line" means the water delivery pipeline that supplies water to the emitters or sprinklers from the valve. "Lou, volume irrigation" means the application of irrigation water at low pressure through a system of tubing or lateral lines and low volume emitters such as drip, drip lines, and bubblers. Low volume irrigation systems are specifically designed to apply small volumes of water slowly at or near the root zone of plants. "Low volume overhead irrigation" means aboveground irrigation heads with an upper flow limit of 0.5 GPM. 34 "Main line" means the pressurized pipeline that delivers water from the water source to the valve or outlet. "Manual Isolation Valve" means a valve such as a gate valve, ball valve, or butterfly valve installed downstream of the point of connection of the water supply to shutdown water flow through mainline piping for routine maintenance and emergency repair. "Master shut-off valve" an electronic valve such as a solenoid valve installed as close as possible to the point of connection and is used in conjunction with a flow sensor and flow monitoring controller technology to automatically shutdown system wide water flow in the event of high flow conditions such as mainline pipe break. "Maximum Applied Water Allowance" or "MAWA"means the upper liinit of annual applied water for the established landscape area, as specified in Section 2.2 of these Guidelines. It is based upon the area's reference_ evapotranspiration, the ETAF, and the size of the landscape area. The Estimated Applied Water Use shall not exceed the Maximum Applied Water Allowance. "Microclimate" means the climate of a small, specific area that may contrast with the climate of the. overall landscape area due to factors such as wind, sun exposure, plant density, or proximity to reflective surfaces. "Mulch" means any organic material such as leaves, bark, straw or compost, or inorganic mineral materials such as rocks, gravel, or decomposed granite left loose and applied to the soil surface for the beneficial purposes of reducing evaporation, suppressing weeds, moderating soil temperature, and preventing soil erosion. "Non pervious" means any surface or natural material that does not allow for the passage of water through the material and into the underlying soil. "Operating pressure" means the pressure at which the parts of an irrigation system of sprinklers are designed to operate at by the manufacturer "Oversproy" means the irrigation water which is delivered beyond the target area. "Person" means any natural person, firm, joint venture, joint stock company, partnership, public or private association, club, company, corporation, business trust, organization, public or private agency, government agency or institution, school district, college, university, any other user of _ water provided by the City or the Walnut Valley Water District, or the manager, lessee, agent, servant, officer, or employee of any of them or any other entity which is recognized bylaw as the subject of rights or duties. "Pervious" means any surface or material that allows the passage of water through the material and into the underlying soil. "Plant factor" or "plant ivater use factor" is a factor, when multiplied by ETo, that estimates the amount of water needed by plants. For purposes of this Water Efficient Landscape Ordinance, the plant factor range for low water use plants is 0 to 03; the plant factor range for moderate 35 water use plants is 0.4 to 0.6; and the plant factor range for high water use plants is 0.7 to 1.0. Plant factors cited in these Guidelines are derived from the Department of Water Resources 2000 publication "Water Use Classification of Landscape Species." "Precipitation rate" means the rate of application of water measured in inches per hour. "Project applicant" means the person submitting a Landscape Documentation Package required under Section 2.1 to request a permit, plan check, or design review from the local agency. A project applicant may be the property owner or his or her designee. "Property owner" or "owner" means the record owner of real property as shown on the most recently issued equalized assessment roll. "Reference evapotranspiration" or "ETo" means a standard measurement of environmental parameters which affect the water use of plants. ETo is given expressed in inches per day, month, or year as represented in Appendix C of these Guidelines, and is an estimate of the evapotranspiration of a large field of four to seven-inch tall, cool -season grass that is well watered. Reference evapotranspiration is used as the basis of determining the Maximum Applied Water Allowances. "Recycled water" or "reclaimed water" means treated or recycled waste water of a quality suitable for non -potable uses such as landscape irrigation and water features. This water is not intended for. human consumption. "Runoff' means water which is not absorbed by the soil or landscape to which it is applied and flows from the landscape area. For example, runoff may result from water that is applied at too great a rate (application rate exceeds infiltration rate) or when there is a slope. "Special Landscape Areas" or "SLA" means an area of the landscape dedicated solely to edible plants such as orchards and vegetable gardens, areas irrigated with recycled water, water features using recycled water, and areas dedicated to active play such as community pools and spas, parks, sports fields, golf courses, and where turf provides a playing surface. "Sprinkler head" means a device which delivers water through a nozzle. "Static water pressure" means the pipeline or municipal water supply pressure when water is not flowing. "Station" means an area served by one valve or by a set of valves that operate simultaneously. "Swing joint" means an irrigation component that provides a leak-fiee connection between the emission device and lateral pipeline to allow movement in any direction and to prevent equipment damage. _- "Turf' means a ground cover surface of mowed grass. Annual bluegrass, Kentucky bluegrass, Perennial ryegrass, Red fescue, and Tall fescue are cool -season grasses. Bermudagrass, Kikuyugrass, Seashore Paspalum, St. Augustinegrass, Zoysiagrass, and Buffalo grass are warm - season grasses. 36 "Valve" means a device used to control the flow of water in an irrigation system. "Water Efficient Landscape Ordinance" means Ordinance No. , adopted by the City Council on , 2009, and codified in the Municipal Code in [chapter/title/division/sections I. "Water Efficient Landscape Worksheets" means the worksheets required to be completed pursuant to Section 2.2 of these Guidelines and which are included in Appendix B hereof. "Water feature" means a design element where open water performs an aesthetic or recreational function. Water features include ponds, lakes, waterfalls, fountains, artificial streams, spas, and swimming pools (where water is artificially supplied). The surface area of water features is included in the high water use hydrozone of the landscape area. Constructed wetlands used for on-site wastewater treatment, habitat protection, or storm water best management practices that are not irrigated and used solely for water treatment or storm water retention are not water features and, therefore, are not subject to the water budget calculation. "Watering window" means the time of day irrigation is allowed. "WUCOLS" means the Water Use Classification of Landscape published by the University of California Cooperative Extension, the Department of Water Resources, and the Bureau of Reclamation, 2000. www.owue.water.ca.gov/docs/wucols00 37 Appendix G: Irrigation Plan Checklist This is a voluntary compliance tool template developed by the Irrigation Association. IRRIGATION PLAN CHECKLIST Please complete the following checklist by checking all appropriate categories under APPLICANT column, indicating compliance with these content requirements. All submitted plans shall contain the following information: LANDSCAPE PLAN NUMBER: NAME OF PROJECT: Applicant Planner [ ] 1. Prevailing winds [ ] [ ] 2. Slope aspect and degree of slope [ ] [ ] 3. Soil type and infiltration rate [ ] [] 4.- Vegetation type [] [ ] 5. Microclimates [ ] [ ] 6. Expansive or hazardous soil conditions [ ] [ ] 7. Water harvesting potential [ ] [ ] 8. Available water supply, including non -potable and recycled water [ ] All pertinent system information is indicated, including: [ ] 9. Irrigation zones substantially corresponding to hydrozones on the landscape [ ] plan and labeled by precipitation rates and method of application [ }- 10. Water meters [ ] [ ] 11. Tap -in location [ ] [ ] 12. Static water pressure at the point of connection [ ] [ ] 13. System controller [ ] [ ] 14. Rain sensor/shut-off device [ ] [ ] 15. Backflow preventers [ ] [ ] 16. Shut-off valves and zone control valves [ ] [ ] 17. Main line and lateral piping [ ] [ ] 18. Sprinkler heads [ ] [ ] 19. Bubblers and drip irrigation tubing runs [ ] [ ] 20. Type and size of main irrigation system components [ ] [ ] 21. Total required operating pressure for each control valve/zone [ ] [ ] 22. Graphic depiction of the locations of irrigation system components [ ] [ ] 23. Total required operating pressure for each control valve/zone [ ] [ ] 24. Any supplemental stormwater and/or runoff harvesting, [ ] System design is in conformance with the following standards: [ ] 25. Certification of Professional Qualifications, attached [] [ ] 26. Pedestrian surfaces located on plan [ ] [ ] 27. Equipment installed flush with grade for safety [ ] [ ] 28. Compliance with local codes [ ] [ ] 29. Overspray onto impervious areas minimized [ ] 38 Appendix I3: Inspection Affidavit This is -a voluntary compliance tool template developed by the Irrigation Association. IRRIGATION INSPECTION AFFIDAVIT (To be submitted in conformance with Cade Section 309.0) Irrigation Plan File No:. Name of Project: Irrigation Plan Designer: Inspector- Date(s) of Inspection: This project was inspected within the limits of customarygcess for compliance with the approved irrigation plan on file in City Planning. At least two (2) inspections were conducted. The findings are as follows: (Check One) Yes No A. Inspection during construction to check mainline in open trench: 1. Locationofmain line conforms to as -built plan - 2, size of main line conforms to plan 3. Depth of main line conforms to plan 4. Main line condition is undamaged a. Main line pressure tested with water and meter to c visible leaks 5.. Speciris obeervatlons attached If needed S. Inspection after completion ofsystem Installation p ee " Sodding: 1. Settling along trenches Is absent 2, System components (1,e„ controller, eventer, rain etc.) Installed as specified 3. Rctarr heads pressure tested - 4. System activated for abs on of compel 5. Landscape compon eking app 6, Each station co Ith desig -built pla 7. Matched prec nrates provl yzone 8. As -built plan pro own - 9. Spec' rraiIons nee I he y c Ilfied It this Irrigation inspection affidavit based on the qualificallon indicated below: one ) C - irrigation Slone 'fed rrgationAssociation, indicate year ofcertification- state: ___ Licensed No. StateAcenc-eNo, (._. ) __-_.-._-__ ---.--_-- (PRINT) Date 39 Signature CITY OF DIAMOND BAR Item 7.2 Water Efficient Landscaping Ordinance City Council Meeting — December 15, 2015 Background • AB 1881 —Laird • Ordinance No. 2(2009) Water Conservation in Landscaping Act of 2006 City Water Conservation Ordinance Background — California Drought Extreme drought over the last few years. ➢ Governor Brown Executive Order B-29-15 Department of Water Resources (DWR) update to State's Model Water Efficient Landscape Ordinance (MWELO). Must be in effect by January 1, 2016 or the State Ordinance will go into effect. Diamond Bar Ordinance The City Ordinance and associated Guidelines were prepared in collaboration with a working group. • The Ordinance and Guidelines are designed to be as effective as State model. • Provides the City flexibility to satisfy the water conservation requirements Applicability The proposed Ordinance applies to projects that require a building or landscape permit, plan check, plot plan, or zoning clearance review, including: • New landscape projects > 500 sq ft. • Rehabilitated landscape projects > 2,500 sq ft. Use of graywater or rainwater captured on site. Submittal Process The enclosed Guidelines will be distributed to applicants, developers, and landscape architects. Applicants will be required to: • Submit a Landscape Documentation Plan • Certified by a licensed landscape architect. The Guidelines are a user friendly instructional document with template forms. Compliance 1. After project completion, Landscape Certification of Completion must be submitted to the City. 2. No final permit sign -off or certificate of occupancy will be issued unless the required documentation is submitted to the City. 3. City is required to report information on applicable projects annually to DWR. Fiscal Impact The City is not projected to incur significant costs as a result of the new ordinance. However, there will be a fiscal impact to new or rehabilitated landscape projects that meet the square footage threshold and require that applicants utilize licensed landscape architects. These fiscal impacts are a result of State initiated requirements which the City is mandated to adopt. Due to the continuation of the extreme drought, it is anticipated the state will issue revised regulations in the near future. Staff anticipates making changes in 2016-17, which will include incorporating Section 8.14 Water Efficient Landscaping into Chapter 22.26 of the Development Code. Items Under Consideration A. Ordinance No. XX(2015) is both an urgency ordinance and first reading. As an urgency ordinance, it would go into effect immediately. The second reading of the ordinance will be on January 19, 2016, and would go into effect 30 days after. B. Resolution 201 5 -XX would institute the Guidelines referenced in the Ordinance. Future changes to the Guidelines would be done through Council Resolution. Council Action It is requested that the City Council adopt the following items as two separate motions: 1) Adopt Ordinance No. XX(2015) as an urgency ordinance and concurrently adopt for first reading. 2) Adopt Resolution 2015 -XX. QUESTIONS ? CITY COUNCIL Agenda # 7 - 2 Meeting Date: December 15, 2015 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Mana Je TITLE: (A) ADOPT ORDINANCE NO. XX(2015): AN URGENCY ORDINANCE OF THE CITY OF DIAMOND BAR AMENDING TITLE 8, CHAPTER 8.14, OF THE DIAMOND BAR MUNICIPAL CODE RELATING TO WATER EFFICIENT LANDSCAPING; AND, (B) ADOPT RESOLUTION 2015 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, ADOPTING THE GUIDELINES FOR IMPLEMENTATION OF THE CITY OF DIAMOND BAR WATER EFFICIENT LANDSCAPE ORDINANCE. RECOMMENDATION: 1. Adopt Ordinance No. XX -2015 as an urgency ordinance and for first reading. 2. Adopt Resolution 2015 -XX. FINANCIAL IMPACT: The fiscal impacts to the City of Diamond Bar ("City") are minimal. There will be a fiscal impact to new or rehabilitated landscape projects that fall within the purview of the proposed Ordinance and Resolution in significant part due to the requirement that applicants utilize licensed landscape architects. However, these fiscal impacts are a result of State initiated requirements which the City is mandated to adopt. BACKGROUND: In September 2006, the Water Conservation in Landscaping Act of 2006 (AB 1881 — Laird) was signed into law by the Governor, instituting revised water efficiency mandates across the state. As a result of AB 1881, the City adopted Ordinance No. 2 (2009) on December 1, 2009, adding Section 8.14 Water Conservation Landscaping to the Diamond Bar Municipal Code (hereafter, the "2009 Ordinance"). Due to the continued extreme California drought, Governor Brown issued Executive Order B-29-15 on April 1, 2015 directing the Department of Water Resources (DWR) to update the State's Model Water Efficient Landscape Ordinance (MWELO) through expedited regulation, with updates required to be in effect by January 1, 2016, or February 6, 2016 for cities working on a regional approach. On July 15, 2015 the California Water Commission approved the revised MWELO Ordinance for review and comment by the public, local agencies, and other affected entities. In September 2015, a working group was created consisting of area San Gabriel Valley Council of Government cities, including the City, to develop a draft regional ordinance. The City has prepared the attached Ordinance and associated Guidelines in collaboration with the working group. The 1130316.1 resulting ordinance is as effective in conserving water as the State model ordinance, but provides the City, its residents and businesses with the flexibility to satisfy the water conservation requirements intended under the Governor's Executive Order in a manner that is more closely tailored to fit Diamond Bar's existing regulatory framework and review procedures. City staff is recommending that the proposed Ordinance be adopted as an urgency ordinance and for first reading. The City may adopt the proposed Ordinance as an urgency measure if it finds for the reasons set forth in the proposed Ordinance that it is needed for the immediate preservation of the public peace, health and safety. Adoption must be by a four-fifths vote of the City Council. City staff is also recommending that the proposed Ordinance be adopted for first reading as a permanent ordinance and in the event that a successful challenge is made to the urgency findings by the City Council. Adoption for first reading requires three affirmative votes. Adoption as an urgency item and for first reading may be made by a single motion as long as the requisite four votes are obtained. Applicability The proposed Ordinance would generally apply to new landscape projects with an area equal to or greater than 500 square feet and rehabilitated landscape projects with an area equal to or greater than 500 square feet, that require a building or landscape permit, plan check, plot plan, or zoning clearance review. Section 8.14.020 of the Ordinance includes a complete listing of all applicable projects and provisions for the use of graywater or rainwater captured on site. Landscaping projects subject to the Ordinance will be required to install water efficient landscaping, including but not limited to sensors, controllers, water meters, and use water wise plants. Submittal Process If adopted as an urgency Ordinance, starting January 1, 2016, the new City regulations will go into effect. City staff will distribute the enclosed Guidelines to applicants, developers, and landscape architects to ensure they are aware of the City's revised Ordinance and process for applicable landscape projects. The Guidelines are designed to be a user friendly instructional document on what is required for projects meeting the applicability threshold. Additionally, the Guidelines also have template forms that may be used to certify installation of the landscaping in accordance with the new regulations. Compliance Under the 2009 Ordinance, applicants need only submit a Statement of Compliance, which is a written self -certification provided by the person who prepared the landscape plan that certifies that the design complies with the elements of the 2009 Ordinance. Under the proposed Ordinance, applicants must submit a Certification of Design along with their Landscape Documentation Package, which includes a landscape architect's professional stamp, signature, contact information, license number, and date, certifying that: "The design of this project complies with the requirements of the City's Water Efficient Landscape Ordinance." At the conclusion of a project, a Landscape Certification of Completion is required to be submitted to the City, certifying the landscape was installed under the landscape architects supervision and meets the requirements of the Ordinance. No permit or certificate of occupancy will be issued unless the 1130316.7 required documentation is submitted to the City. The City will be required to report information on applicable projects annually to the DWR. Due to the extreme drought, it is anticipated the DWR will issue revised regulations that will alter the Maximum Applied Water Allowance (MAWA) calculations contained in the Ordinance. Once the final regulations are released, revisions to the proposed Ordinance will be brought to the Planning Commission and City Council to integrate Section 8.14 Water Efficient Landscaping into Chapter 22.26 of the Development Code. Future changes to the associated Guidelines will be made by City Council resolution. I X019101 111rt14011I7_A d [a] III In order to maintain the health, safety, and welfare of the state's water resources, and ensure that the City and the greater southern California region can maintain an adequate supply of potable drinking water, an urgency exists requiring adoption of this Ordinance as an urgency measure concurrent with its adoption for first reading. Additionally, DWR water efficiency regulations will be in effect on January 1, 2016 whether or not this ordinance goes into effect, therefore, the urgency is related to avoiding confusion during the curing period for the new local ordinance and the possibility that unnecessary developer costs could be incurred in the interim. It is recommended that the City Council adopt Ordinance No. XX(2015) as an urgency ordinance and concurrently adopt it for first reading. It is also recommended that after adoption, the City Council adopt Resolution 2015 -XX by separate action. The Urgency Ordinance will go into effect immediately, with the second reading of the permanent Ordinance going to Council for consideration at its next scheduled meeting. If adopted for second reading the permanent Ordinance will go into effect 30 days thereafter. Prepared;by Anthony Santos Sr. Management Analyst Attachments: 1. Ordinance No. XX(2015). 2. Resolution 2015 -XX. 3. Water Efficient Landscape Guidelines. 1130316.1 Reviewed Greg Gubman, AICP Community Development Director A. RECITALS THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, HEREBY FINDS AND DETERMINES AS FOLLOWS: 1. On September 28, 2006, the Water Conservation in Landscaping Act of 2006 (AB 1881 — Laird) was signed into law by the Governor, instituting revised water efficiency mandates across the state. 2. On December 1, 2009 the City of Diamond Bar adopted Ordinance No. 2 (2009) adding Section 8.14 Water Conservation Landscaping to the Diamond Bar Municipal Code in order to comply with the state mandates under the Water Conservation in Landscaping Act of 2006. 3. Due to the continued extreme California drought, Governor Brown's Drought Executive Order of April 1, 2015 (EO B-29-15) directed the Department of Water Resources (DWR) to update the State's Model Water Efficient Landscape Ordinance (MWELO) through expedited regulation, with updates required to be in effect by January 1, 2016- 4. On July 15, 2015 the California Water Commission approved the revised MWELO Ordinance for review and comment by the public, local agencies, and other affected entities. 5. In September 2015, a working group was created consisting of the area San .Gabriel Valley Council of Government cities, which includes the City of Diamond Bar, to develop a draft regional ordinance. 6. In order to maintain the health, safety, and welfare of the state's water resources, and ensure that the City and the greater southern California region can maintain an adequate supply of potable drinking water, an urgency exists requiring adoption -'of this Ordinance as ah -urgency. measure concurrent with its adoption for first reading. Additionally, DWR water efficiency regulations will be in effect on January 1, 2016 whether or not this ordinance goes into effect, therefore; the urgency is related to avoiding confusion during the curing period for the new local ordinance and the possibility that unnecessary developer costs could be incurred in the interim. 1130327.1 SECTION 1: ORDINANCE. Title 8, Chapter 8.14 of the Diamond Bar Municipal Code, commencing with Section 8.14.010 is hereby amended to read as follows: 8.14.010 Purpose. r ► Applicability. 4 0 0 Definitions. 8.14.040 Implementation Procedures. 8.14.0 50 Exceptions. i.0 Compliance Verification. 8.14.070 Landscape and IrrigationSchedule. 8.14.080 Existing Landscapes.- 09 Public . . ; 8.14.100 Penalty forViolation. It is the policy of the City of Diamond Bar to promote water conservation. The Standards detailed in this Chapter are intended to promote water conservation while allowing the maximum possible flexibility in designing healthy, attractive, and cost-effective water efficient landscapes. This Chapter is to be used in conjunction with the water conservation requirements of the Municipal Code, commencing with Section 22.26.010. Where conflicts in language may exist between this Chapter and Chapter 22.26, the more restrictive water conserving language shall prevail. The purpose of the City's Water Efficient Landscape Ordinance is to establish an alternative model acceptable under Governor Brown's April 1, 2015 Drought Executive Order (B-19-25) as being at least as effective as the State Model Water Efficient Landscape Ordinance in the context of conditions in the City in order to: (1) Promote the benefits of consistent landscape ordinances with neighboring local and regional agencies; 1130327.1 (2) Promote the values and benefits of landscapes while recognizing the need to invest water and other resources as efficiently as possible; (3) Establish a structure for planning, designing, installing, and maintaining and managing water efficient landscapes in new construction and rehabilitated projects; (4) Establish provisions for water management practices and water waste prevention for existing landscapes; (5) Use water efficiently without waste by setting a Maximum Applied Water Allowance as an upper limit for water use and reduce water use to the lowest practical amount; and (6) Encourage the use of Walnut Valley Water District economic incentives that promote the efficient use of water, such as implementing a budget -based tiered -rate structure, providing rebate incentives and offering educational programs. [Note: Authority cited: Section 65593, Government Code. Reference: Sections 65591, 65593, 65596, Government Code.] (A) The Water Efficient Landscape Ordinance and associated Guidelines apply to all of the following landscape projects: (1) New landscape projects with an aggregate landscape area equal to or greater than 500 square feet, requiring a building or landscape permit, plan check, or any ministerial or discretionary land use approval; (2) Rehabilitated landscape projects with an aggregate landscape area equal to or greater than 500 square feet, requiring a building or landscape permit, plan check, or any ministerial or discretionary land use approval; (3) New or rehabilitated landscape projects with an aggregate landscape area of 2,500 square feet or less must either comply with the performance requirements of this ordinance or conform to the prescriptive measures contained in Guidelines Appendix A; (4) New or rehabilitated projects using treated or untreated graywater or rainwater capture on site, any lot or parcels within the project that has less than 2,500 square feet of landscape area and meets the lot or parcel's landscape water requirement (Estimated Total Water Use) entirely with the treated or untreated graywater or through stored rainwater capture on site shall be subject only to Guidelines Appendix A Section (5). 1130327.1. () The Guidelines may be partially or wholly waived, at the discretion of the Community Development Director or his or her designee, for landscape rehabilitation projects that are limited to replacement plantings with equal or lower water needs and where the irrigation system is found to be designed, operable and programmed consistent with minimizing water waste in accordance with local water purveyor regulations. (C) Unless otherwise determined by the Community Development Director, the Water Efficient Landscape Ordinance and associated Guidelines do not apply to: (1) Registered local, state, or federal historical sites; (2) Ecological restoration projects that do not require a permanent irrigation system; (3) Mined -land reclamation projects that do not require a permanent irrigation system; or (4) Plant collections, as part of botanical gardens, and arboretums open to the public. 11iC�II� 1��2 7tuftCor= "Aggregate landscape areas" pertains to the areas undergoing development as one project or for production home neighborhoods or other situations where multiple parcels are undergoing development as one project, but will eventually be individually owned. "Applied water' means the portion of water supplied by the irrigation system to the landscape. "Budget -based tiered -rate structure" means tiered or block rates for irrigation accounts charged by the retail water agency in which the block definition for each customer is derived from lot size or irrigated area and the evapotranspiration requirements of landscaping. "Check Valve" means a valve located under a sprinkler head, or other location in the irrigation system, to hold water in the system to prevent drainage from sprinkler heads when the sprinkler is off. "Community Aesthetics Evaluation" — While not subject to a permit, plan check or discretionary review, the Community Aesthetics Evaluation may be performed to ensure the aesthetic standards of the community and irrigation efficiency intent is maintained. 1 130327. 1 "Ecological restoration project" means a project where the site is intentionally altered to establish a defined, indigenous, historic ecosystem. "Estimated Applied Water Use" means the average annual total amount of water estimated to be necessary to keep plants in a healthy state, calculated as provided in the Guidelines. It is based on the reference evapotranspiration rate, the size of the landscape area, plant water use factors, and the relative irrigation efficiency of the irrigation system. 'ET" or Evapotranspiration, is the approximate summation of water losses through evaporation from soil and transpiration from the plants during a specified period of time. "ETo" or Evapotranspiration, is the approximation of water loss expressed in inches per year from a field of 4 -to -7 -inch -tall cool season grass that is not water stressed. "ET adjustment factor' or "ETAF" is equal to the plant factor divided by the irrigation efficiency factor for a landscape project, as described in the Guidelines. The ETAF is calculated in the context of local reference evapotranspiration, using site-specific plant factors and irrigation efficiency factors that influence the amount of water that needs to be applied to the specific landscaped area. A combined plant mix with a site -wide average plant factor of 0.5 (indicating a moderate water need) and average irrigation efficiency of 0.71 produces an ET adjustment factor of (0.7) _ (0.5/0.71), which is the standard of water use efficiency generally required by this Water Efficient Landscape Ordinance and the Guidelines, except that the ETAF for a special landscape area shall not exceed 1.0. "Guidelines" refers to the Guidelines for Implementation of the Water Efficient Landscape Ordinance, as adopted by the City, which describes procedures, calculations, and requirements for landscape projects subject to this Water Efficient Landscape Ordinance. "Hardscapes" means any durable material or feature (pervious and non -pervious) installed in or around a landscaped area, such as pavements or walls. Pools and other water features are considered part of the landscaped area and not considered hardscapes for purposes of this Water Efficient Landscape Ordinance. "Irrigation audit' means an in-depth evaluation of the performance of an irrigation system conducted by a Certified Landscape Irrigation Auditor, An irrigation audit includes, but is not limited to: inspection, system tune-up, system test with distribution uniformity or emission uniformity, reporting overspray or runoff that causes overland flow, and preparation of an irrigation schedule. The irrigation 7130327.7 audit, which must be reviewed and approved by the City of Diamond Bar, shall demonstrate that all parts of the irrigation system(s) meet(s) the minimum requirements of the Water Conservation Landscaping Ordinance herein. Note: Any parts of the irrigation system identified as not meeting the minimum requirements shall be repaired or adjusted and re -audited to confirm compliance prior to City's final acceptance "Irrigation efficiency' means the measurement of the amount of water beneficially used divided by the amount of water applied. Irrigation efficiency is derived from measurements and estimates of irrigation system characteristics and management practices. The irrigation efficiency for purposes of this Water Efficient Landscape Ordinance are 0.75 for overhead spray devices and 0..81 for drip systems. "Landscaped area" means all the planting areas, turf areas, and water features in a landscape design plan subject to the Maximum Applied Water Allowance and Estimated Applied Water Use calculations. The landscaped area does not include footprints of buildings or structures, sidewalks, driveways, parking lots, decks, patios, gravel or stone walks, other hardscapes, and other non -irrigated areas designated for non -development (e.g., open spaces and existing native vegetation). "Landscape contractor' means a person licensed by the State of California to construct, maintain, repair, install, or subcontract the development of landscape systems. Landscape Plan: Design plans with a planting plan, irrigation plan, and plans with supporting detail sheets to include notes and/or specifications. "Landscape Documentation Package" means the documents required to be provided to the City for review and approval of landscape design projects, as described in the Guidelines. "Landscape Permit' means an authorizing document issued by local agencies for new or rehabilitated landscapes. "Landscape project' means total area of landscape in a project, as provided in the definition of "landscaped area," meeting the requirements under Section 1.1 of this Water Efficient Landscape Ordinance. "Local agency' means a city or county, including a charter city or charter county, that is authorized to implement, administer, and/or enforce any of the provisions of the Water Efficient Landscape Ordinance. The local agency may be responsible for the enforcement or delegation of enforcement of this Water 11303271 Efficient Landscape Ordinance including, but not limited to, design review, plan check, issuance of permits, and inspection of a landscape project. "Local water purveyor' means any entity, including a public agency, city, county, or private water company that provides retail water service. "Low volume irrigation" means the application of irrigation water at low pressure through a system of tubing or lateral lines and low volume emitters such as drip, drip lines, and bubblers. Low volume irrigation systems are specifically designed to apply small volumes of water slowly at or near the root zone of plants with a maximum delivery of 6.3 gallons per hour (gph) when operated at 30 psi as defined in ASABE/ICC802-2014. "Maximum Applied Water Allowance" or "MAWX means the upper limit of annual applied water for the established landscaped area as specified in Section 2.2 of the Guidelines. It is based upon the area's reference evapotranspiration, the ET Adjustment Factor, and the size of the landscaped area. The Estimated Applied Water Use shall not exceed the Maximum Applied Water Allowance. MAWA = (ETo) (0.62) [(ETAF x LA) + ((1-ETAF) x SLA)] "Mined -land reclamation projects" means any surface mining operation with a reclamation plan approved in accordance with the Surface Mining and Reclamation Act of 1975. "New construction" means, for the purposes of this Water Efficient Landscape Ordinance, a new building with a landscape or other new landscape such as a park, playground, or greenbelt without an associated building. "Non -pervious" means any surface or natural material that does not allow for the passage of water through the material and into the underlying soil. "Pervious" means any surface or material that allows the passage of water through the material and into the underlying soil. "Plant factor' or "plant water use factor' is a factor, when multiplied by ETo, that estimates the amount of water needed by plants. For purposes of this Water Efficient Landscape Ordinance, the plant factor for very low water use plants is 0.1; the plant factor for low water use plants is 0.2; the plant factor for moderate water use plants is 0.5; and the plant factorfor high water use plants is 0.8. Plant factors cited in this Water Efficient Landscape Ordinance are derived from the publication "Water Use Classification of Landscape Species." Plant factors may also be obtained from horticultural researchers from academic institutions or professional associations as approved by the California Department of Water Resources (DWR). 1130327.1 "Recycled water' or "reclaimed water" means treated or recycled waste water of a quality suitable for non -potable uses such as landscape irrigation and water features. This water is not intended for human consumption. "Reference evapotranspiration" or "ETo" means a standard measurement of environmental parameters which affect the water use of plants. ETo is given expressed in inches per day, month, or year as represented in Appendix A of the Guidelines, and is an estimate of the evapotranspiration of a large field of four -to seven-inch tall, cool -season grass that is well watered. Reference evapotranspiration is used as the basis of determining the Maximum Applied Water Allowances. "Rehabilitated landscape" means any applicability criteria of Section 1.1(a), greater than 500 square feet. re -landscaping project that meets the where the modified landscape area is "Smart irrigation controller" means an automatic irrigation controllers utilizing either evapotranspiration or soil moisture sensor data with non-volatile memory shall be required for irrigation scheduling in all irrigation systems, recommending U.S. EPA WaterSense labeled devices as applicable. "Special landscape area" means an area of the landscape dedicated solely to edible plants such as orchards and vegetable gardens, areas irrigated with recycled water, water features using recycled water, and recreational areas dedicated to active play such as parks, sports fields, golf courses, and where turf provides a playing surface. "Turf' means a ground cover surface of mowed grass. Annual bluegrass, Kentucky bluegrass, Perennial ryegrass, Red fescue, and Tall fescue are cool - season grasses. Bermuda grass, Kikuyu grass, Seashore Paspalum, St. Augustine grass, Zoysia grass, and Buffalo grass are warm -season grasses. "Valve" means a device used to control the flow of water in an irrigation system. . "Water Efficient Landscape Ordinance" means Chapter 8.14 of the Diamond Bar Municipal Code. "Water feature" means a design element where open water performs an aesthetic or recreational function. Water features include ponds, lakes, waterfalls, fountains, artificial streams, spas, and swimming pools (where water is artificially supplied). The surface area of water features is included in the high water use hydrozone of the landscaped area referenced in the associated Guidelines. Constructed wetlands used for on-site wastewater treatment, habitat protection or storm water best management practices that are not irrigated and used solely for water treatment or storm water retention are not water features and, therefore, are not subject to the water budget calculation. 1130327.1 "Water Wise Plants" means those plants that are evaluated as needing moderate, low, and very low amounts of water as defined and listed by Water Use Classifications of Landscape Species (WUCOLS). Other sources of water wise plant classifications may be used if approved by the Community Development Director. "Weather Based Irrigation Controller" means an irrigation controller that automatically adjusts the irrigation schedule based on changes in the weather. [Note: Authority Cited: Section 65595, Government Code. Reference: Sections 65592, 65596, Government Code.] - ., A. Prior to installation, a Landscape Documentation Package shall be submitted to the City for review and approval of all landscape projects subject to the provisions of this Water Efficient Landscape Ordinance. Any Landscape Documentation Package submitted to the City shall comply with the provisions of the Guidelines. B. The Landscape Documentation Package shall include a certification by a professional appropriately licensed in the State of California stating that the landscape design and water use calculations have been prepared by or under the supervision of the licensed landscape architect and are certified to be in compliance with the provisions of this Water Efficient Landscape Ordinance and the Guidelines. (1) Landscape and irrigation plans shall be submitted to the City for review and approval with appropriate water use calculations. (2) Water use calculations shall be consistent with calculations contained in the Guidelines and shall be provided to the local water purveyor, as appropriate, under procedures determined by the City. (3) Verification of compliance of the landscape installation with the approved plans shall be obtained through a Certification of Completion in conjunction with a Certificate of Use and Occupancy or Permit Final process, as provided in the Guidelines. [Note: Authority Cited: Section 65595, Government Code. Reference: Section 65596, Government Code.] 1130327.1 A. For applicable landscape installation or rehabilitation projects subject to Section 8.14.020 of this Water Efficient Landscape Ordinance, the Estimated Applied Water Use allowed for the landscaped area shall not exceed the MAWA calculated using an ET adjustment factor of 0.55 for residential and 4.45 for non-residential areas, except for the portion of the MAWA applicable to any special landscape areas within the landscape project, which shall be calculated using an ETAF of 1.0;; as provided in Section 2.3 of the Guidelines. B. Irrigation of all landscaped areas shall be conducted in a manner conforming to the rules and requirements, and shall be subject to penalties and incentives for water conservation and water waste prevention as determined and implemented by the local water purveyor or as mutually agreed by local water purveyor and the local agency. Verification of compliance with this Chapter, as applicable, shall be made by the Community Development Department in accordance with the following requirements: A. For applicable landscape installation or rehabilitation projects subject to Section 8.14.020 of this Water Efficient Landscape Ordinance, no building permit shall be issued without the submittal of a Landscape Documentation Package. B. At the time of final inspection, the permit applicant must provide the owner of the property with a certificate of completion, certificate of installation, irrigation schedule and a schedule of landscape and irrigation maintenance. 1-ME111Y 111111111111111111111111STITO.. . A. Landscapes shall be maintained to ensure water use efficiency. Water waste resulting from inefficient landscape irrigation leading to excessive runoff, low head drainage, overspray, and other similar conditions where water flows onto adjacent property, non -irrigated areas, walks, roadways or structures is prohibited. B. A regular maintenance schedule shall include, but not be limited to, routine inspection; adjustment and repair of the irrigation system and its components; aerating and dethatching turf areas; replenishing mulch; fertilizing; pruning; weeding in all landscape areas, and removing and obstruction to emission devices. Testing of the irrigation system outside the normal watering window is allowed for auditing and system maintenance. 1130327.1 C. Repair of all irrigation equipment shall be done with the originally installed components or their equivalents. D. A project applicant is encouraged to implement sustainable or environmentally -friendly practices for overall landscape maintenance. The following provisions apply to existing landscapes, as defined in Section 8.14.020 of this Chapter: A. For landscapes served by a single water meter, the City may require the following, including but not limited to: irrigation water use analyses, irrigation surveys, and irrigation audits to evaluate water use, and to provide recommendations as necessary to reduce landscape water use to a level that does not exceed the Maximum Applied Water Allowance for existing landscapes. All landscape irrigation audits shall be conducted by a certified landscape irrigation auditor. B. For landscapes that do not have a meter, the City will, with limited exceptions, require the following including: irrigation surveys and irrigation audits to evaluate water use, and to provide recommendations as necessary to prevent water waste. All landscape irrigation audits shall be conducted by a certified landscape irrigation auditor. C. The City may collaborate with the local water purveyor(s) to define each entity's specific responsibilities relating to this ordinance." A. Developers of residential units shall provide information to prospective buyers of new homes regarding water efficient landscaping techniques. B. Developers of nonresidential units shall provide information to prospective buyers or tenants regarding water efficient landscaping techniques. Any person violating any provision of this Chapter is guilty of an infraction punishable as provided in Section 1.04,010(b), 1130327.1 SECTION 2: CEQA. The City Council hereby determines that this Ordinance is exempt from review under the California Environmental Quality Act ("CEQA") (California Public Resources Code Section 21000 et seq.), because pursuant to State CEQA Regulation 15307 (14 Cal. Code Regs., § 15307), this Ordinance is covered by the CEQA Categorical Exemption for actions taken to assure the maintenance, restoration, enhancement, or protection of a natural resource where the regulatory process involves procedures for protection of the environment. The adoption of this Ordinance will result in the enhancement and protection of water resources in the City, and will not result in cumulative adverse environment impacts. It is therefore exempt from the provisions of CEQA. The City Council hereby directs the City Manager or designee to prepare and file a Notice of Exemption as soon as possible following adoption of this Ordinance. SECTION 3: FINDINGS. The City's findings and evidence in the record that its water efficient landscape ordinance is at least as effective in conserving water as the California Department of Water Resource's updated Model Water Efficient Landscape Ordinance is as follows: A. The ordinance is applicable to all new or rehabilitated projects subject to review by the City. B. Current local design practices in new landscapes strive to achieve the intent of the State Model Water Efficient Landscape Ordinance water use goals. C. Under the ordinance, more stringent standards apply for new landscape projects that require a building or landscape permit, plan check, or ministerial or discretionary land use approval. D. Under the ordinance, new standards apply to new or rehabilitated projects using treated or untreated graywater or rainwater capture on site. E. Under the ordinance, landscape areas for residential, mixed use, and institutional type projects shall be designed with less than 25% turf and non -water wise plant materials. F. Landscape plan submittal and review has been a long standing practice in the City of Diamond Bar. G. The Walnut Valley Water District is the local water purveyor responsible for implementing tiered -rate billing and enforcement of water waste prohibitions for all existing metered landscaped areas throughout its service area, which includes the City of Diamond bar in its entirety. H. Under the ordinance, installation and compliance verifications are a component of the review process. 11303271 Under the ordinance, the maximum annual applied water allowance calculation matches the California Department of Water Resource's formula in its Model Water Efficient Landscape Ordinance. SECTION 4: SEVERABILITY. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of, competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have adopted this ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections subsections, subdivisions, sentences, clauses, phrases, or portion thereof be declared invalid or unconstitutional. SECTION 5: SUMMARY. Pursuant to Government Code Section 36933(c)(1), the City Clerk was designated to prepare and has published a summary of this ordinance, and a certified copy of it was posted in the Office of the City Clerk a minimum of five days before the City Council's public hearing to consider adoption of the ordinance. SECTION 6: PUBLICATION. The City Clerk shall certify as to the adoption of this ordinance and shall cause the summary thereof to be published within fifteen calendar (15) days of the adoption and shall post a certified copy of this ordinance, including the vote for and against the same, in the office of the City Clerk, in accordance with Government Code Section 36993, for the City of Diamond Bar. SECTION 8: EFFECTIVE DATE. As an urgency measure, this ordinance shall go into effect immediately and as a non -urgency measure, shall be in full force and operation from and after thirty (30) days after its final passage and adoption. 1130327.1 Nancy A. Lyons, Mayor 1, 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 , 2015 and was finally passed at a regular meeting of the City Council of the City of Diamond Bar held on day of , 2015, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: Tommye A. Cribbins, City Clerk 1130327.1 a-14101 100111110 1411F RESOLUTION OF DIAMOND BAR, CALIFORNIA, ADOPTING T GUIDELINES FOR IMPLEMENTATION OF • DIAMOND ,.WATER ORDINANCE. WHEREAS, the City of Diamond Bar (the "City") recognizes that potable water in the State of California is of limited supply and subject to ever increasing demands; and WHEREAS, the continuation of California's economic prosperity is dependent on the availability of adequate supplies of water for future uses; and WHEREAS, the City promotes conservation and efficient use of water and to prevent the waste of this valuable resource; and WHEREAS, landscapes are essential to the quality of life in California by providing areas for active and passive recreation and as an enhancement to the environment by cleaning air and water, preventing erosion, offering fire protection, and replacing ecosystems lost to development; and WHEREAS, landscape design, installation, maintenance, and management can and should be water efficient; and WHEREAS, the City recognizes that residents, businesses, schools, and government play an important role in coordinating a comprehensive and equitable path towards implementing water conservation; and WHEREAS, Article X, Section 2 of the California Constitution specifies that the right to use water is limited to the amount reasonably required for the beneficial use to be served, and the right does not and shall not extend to waste or unreasonable method of use of water. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Diamond Bar: 1. The attached Guidelines for Implementation of the City of Diamond Bar Water Efficient Landscape Ordinance are adopted. 2. The Mayor is authorized to sign and the City Clerk shall certify as to the passage and adoption of this Resolution. 1130355.1 PASSED, APPROVED, AND ADOPTED this 15th day of December, 2015. Nancy A. Lyons, Mayor I, Tommye A. Cribbins, City Clerk of the City of Diamond Bar, California, do hereby certify that the foregoing Resolution No. 2015 -XX was duly and regularly passed and adopted by the City Council of the City of Diamond Bar, California, at its adjourned regular meeting held on the 15th day of December, 2015, by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Tommye A. Cribbins, City Clerk 2 1130355.1 oo, 1. Purpose and Applicability...................................................................................... 1 1.1 Purpose.......................................................................................................1 1.2 Applicability..................................................:........................................... 1 2. Submittal Requirements for New Landscape Installations or Landscape Rehabilitation Projects........................................................................................... 2 2.2 Elements of the Landscape Documentation Package ................................ 3 2.3 Water Efficient Landscape Calculations and Alternatives ........................ 4 2.4 Soil and Stormwater Management............................................................. 7 2.5 Landscape Design Plan.............................................................................. 9 2.6 Irrigation Design Plan.............................................................................. 12 2.7 Grading Design Plan................................................................................ 17 2.8 Certification of Completion..................................................................... 18 2.9 Post -Installation Irrigation Scheduling.................................................... 19 2.10 Post -Installation Landscape and Irrigation Maintenance ......................... 19 3. Provisions for Existing Landscapes..................................................................... 19 4. Public Education.................................................................................................. 20 Appendix A: Prescriptive Compliance Option............................................................ 21 Appendix B: Certification of Landscape Design........................................................ 24 Appendix C: Water Efficient Landscape Worksheet .................................................. 25 Appendix D: Reference Evapotranspiration Table ..................................................... 27 Appendix E: Certificate of Completion....................................................................... 30 AppendixF: Definitions.. ............................................................................................ 32 Appendix G: Irrigation Plan Checklist........................................................................ 38 Appendix H: Inspection Affidavit ............................................................................... 39 1 1. Purpose and Applicability 1.1 Purpose (A) The primary purpose of these Guidelines is to provide procedural and design guidance for project applicants proposing landscape installation or rehabilitation projects that are subject to the requirements of the Water Efficient Landscape Ordinance. This document is also intended for use and reference by City staff in reviewing and approving designs and verifying compliance with the Water Efficient Landscape Ordinance. The general purpose of the Water Efficient Landscape Ordinance is to promote the design, installation, and maintenance of landscaping in a mamier that conserves regional water resources by ensuring that landscaping projects are not unduly water -needy and that irrigation systems are appropriately designed and installed to minimize water waste. (B) Other regulations affecting landscape design and maintenance practices are potentially applicable and should be consulted for additional requirements. These regulations include but may not be limited to: (1) State of California Assembly Bill 1881; (2) National Pollutant Discharge Elimination Permit for the Municipal Separate Storm Sewer System; (3) Los Angeles County Fire Department Fuel Modifications Plan Guidelines; (4) Water Conservation and Drought Response Regulations of the Walnut Valley Water District; (5) Regulations of the Walnut Valley Water District (Water District) governing use of Recycled Water; (6) Zoning Code; (7) Building Code; (8) Specific Plans, Master Plans, General- Plan, or similar land use and planning documents; and (9) Conditions of approval for a specific project 1.2 Applicability (A) The Water Efficient Landscape Ordinance and these Guidelines apply to all of the following landscape projects: 1 (1) New landscape projects with an aggregate landscape area equal to or greater than 500 square feet, requiring a building or landscape permit, plan check, plot plan, or zoning clearance review; (2) Rehabilitated landscape projects with an aggregate landscape area equal to or greater than 500 square feet, requiring a building or landscape permit, plan check, plot plan, or zoning clearance review; (3) New or rehabilitated landscape projects with an aggregate landscape area of 2,500 square feet or less may comply with the performance requirements of this ordinance or conform to the prescriptive measures contained in Appendix A ; (4) New or rehabilitated projects using treated or untreated groywater or rainwater capture on site, any lot of parcels within the project that has less than 2,500 square feet of landscape area and meets the lot or parcel's landscape water requirement (Estimated Total Water Use) entirely with the treated or untreated graywater or though stored rainwater capture on site is subject only to Appendix A Section (5). (B) The requirements of the Guidelines may be partially or wholly waived, at the discretion of the City or its designee, for landscape rehabilitation projects that are limited to replacement plantings with equal or lower water needs and where the irrigation system is found to be designed, operable and programmed consistent with minimizing water waste in accordance with Walnut Valley Water District regulations. (C) Unless otherwise determined by the Community Development Director, the Water Efficient Landscape Ordinance and these Guidelines do not apply to: (1) Registered local, state, or federal historical sites; (2) Ecological restoration projects that do not require a permanent irrigation system; (3) Mined -land reclamation projects that do not require a permanent irrigation system; or (4) Plant collections, as part of botanical gardens, and arboretums open to the public. 2. Submittal Requirements for New Landscape Installations or Landscape Rehabilitation Projects (A) Discretionary approval is typically required for landscape projects that arc subject to site plan reviews, or where a variance from a local building code is requested, or other procedural processes apply such that standard or special conditions of approval may be required by the City. Discretionary projects with conditions of 2 approval may be approved administratively by City staff, or acted on formally by the Planning Commission, City Council, or other jurisdictional authority. A typical standard condition of approval reads: "Landscaping for the project shall be designed to comply with the City's Water Efficient Landscape Ordinance and with the Guidelines for Implementation of the Water Eff tient Landscape Ordinance. " Landscape or water, features that typically require a ministerial permit (i.e., a building, plumbing, electrical, or other similar permit), thereby triggering compliance with the Water Efficient Landscape Ordinance requirements independently of the need for discretionary approval include, but are not limited to, swimming pools, fountains or ponds, retaining walls, and overhead trellises. 2.2 Elements of the Landscape Documentation Package (A) A Landscape Documentation Package is required to be submitted by the project applicant for review and approval prior to the issuance of ministerial permits for landscape or water features by the City, and prior to start of construction. Unless otherwise directed by the City, the Landscape Documentation Package shall include the following elements either on plan sheets or supplemental pages as directed by the City: (1) Project Information, including, but not limited to, the following: (a) Date; (b) Project name; (c) Project address, parcel, and/or lot number(s); (d) Total landscape area (square feet) and rehabilitated landscape area (if applicable); (e) Project type (e.g., new, rehabilitated, public, private, cemetery, homeowner -installed); (f) Water supply type (e.g., potable, recycled, or well) and identification of the local retail water purveyor if the project applicant is not served by a private well; (g) Checklist or index of all documents in the Landscape Documentation Package; (h) Project contacts, including contact information for the project applicant and property owner; 3 (i) Certification of Design in accordance with Exhibit A of these Guidelines that includes a landscape professional's professional stamp, as applicable, signature, contact information (including email and telephone number), license number, and date, certifying the statement that "The design of this project complies with the requirements of the City's Water Efficient Landscape Ordinance" and shall bear the signature of the landscape professional as required by law; and (j) Any other information the City deems relevant for determining whether the landscape project complies with the Water Efficient Landscape Ordinance and these Guidelines. (2) Maximum Applied Water Allowance (MAWA) and Estimated Applied Water Use (EAWU) expressed as annual totals including, but not limited to, the following: _ (a) Water Efficient Landscape Worksheet (optional at discretion of the City) for the landscape project; (b) Hydrozone information table (optional at the discretion of the Chy) for the landscape project; and (c) Water budget calculations (optional at the discretion of the City) for the landscape project. (3) A soil management report or specifications, or specification provision requiring soil testing and amendment recommendations and implementation to be accomplished during construction of the landscape project. (4) A landscape design plan for the landscape project. (5) An irrigation design plan for the landscape project. (6) A grading design plan, unless grading information is included in the landscape design plan for the landscape project or unless the landscape project is limited to replacement planting and/or irrigation to rehabilitate an existing landscape area. [Note: Authority Cited: Section 65595, Government Code. Reference: Section 65596, Government Code.] 2.3 Water Efficient Landscape Calculations and Alternatives (A) The project applicant shall provide the calculated Maximum Applied Water Allowance (NIAWA) and Estimated Applied Water Use (EAWU) for the landscape area as part of the Landscape Documentation Package submittal to the J City. The MAWA and EAWU shall be calculated based on completing the Water Efficient' Landscape Worksheets (in accordance with the sample worksheets in Appendix C) which contain information on the plant factor, irrigation method, irrigation efficiency and area associated with each hydrozone. Calculations are then made to show that the evapotranspiration adjustment factor (ETAF) for the landscape project does not exceed a factor of 0.55 for residential areas and 0.45 for non-residential areas, exclusive of Special Landscape Areas. The ETAF for a landscape project is based on the plant factors and irrigation methods selected. The Maximum Applied Water Allowance is calculated based on the maximum ETAF allowed (0.55 for residential areas and 0.45 for non-residential areas) and expressed as annual gallons required. The EAWU is calculated based on the plants used and irrigation method selected for the landscape design. (B) The EAWU allowable for the landscape area shall not exceed the MAWA. The MAWA shall be calculated using an evapotranspiration adjustment .factor (ETAF) of 0.55 for residential areas and 0.45 for non-residential areas, except for the portion of the MAWA applicable to any Special Landscape Areas within the landscape project, which shall be calculated using an ETAF of 1.0. Where the design of the landscape area can otherwise be shown to be equivalently water - efficient, the project applicant may submit alternative or abbreviated information supporting the demonstration that the annual EAWU is less than the MAWA, at the discretion of and for the review and approval of the local agency. (C) Water budget calculations shall adhere to the following requirements: (1) The MAWA shall be calculated using a Water Efficient Landscape Worksheet and equation presented in Appendix B on page B-1. The example calculation on page B-1 is a hypothetical example to demonstrate proper use of the equation. (2) The EAWU shall be calculated using a Water Efficient Landscape Worksheet and equations presented in Appendix C. (3) For the calculation of the MAWA and EAWU, a project applicant shall use the ETo values from the closest location listed the Reference Evapotranspiration Table in Appendix D. For geographic areas not covered in Appendix D, data from other cities, or zip codes, located nearby in the same reference evapotranspiration zone may be used. (4) For calculation of the EAWU, the plant water use factor shall be determined as appropriate to the project location from the Water Use Efficiency of Landscape Species (WUCOLS) Species Evaluation List or from horticultural researchers with academic institutions or professional associations as approved by the California Department of water Resources (DWR). The plant factor ranges from 0 to 0.1 for very low water use plants, 0.1 to 0.3 for low water use plants, 0.4 to 0.6 for moderate water use plants, and 0.7 to 1.0 for high water use plants. 5 (5) For calculating the EAWU, the plant water use factor shall be determined for each valve hydrozone based on the highest -water -use plant species within the zone. The plant facto^ for each hydrozone may be required to be further refined as a "landscape coefficient," according to protocols defined in detail in the WUCOLS document, to reflect planting density and microclimate effects on water need at the option of the project applicant or the Cio). (6) For calculation of the EAWU, the area of a water feature shall be defined as a high water use hydrozone with a plant factor of 1.0. (7) For calculation of the EAWU, a temporarily irrigated hydrozone area, such as an area of highly drought -tolerant native plants that are not intended to be irrigated after they are fully established, shall be defined as a very low water use hydrozone with a plant factor of 0.1. (8) For calculation of the MAWA, the ETAF for Special Landscape Areas (SLA) shall be set at 1.0. For calculation of the EAWU, the ETAF for SLA shall be calculated as the SLA plant factor divided by the SLA irrigation efficiency factor. (9) Irrigation efficiency (JE) of the irrigation heads used within each hydrozone shall be assumed to be as follows, unless otherwise indicated by the irrigation equipment manufacturer's specifications or demonstrated by the project applicant: Irrigation Method IDULQ 'DULH* EU IE*Y- Spray nozzles 65% 79% 71% High efficiency spray nozzles 70% 82% 73% Multi stream/Multi trajectory rotary (MSMT) nozzles 75% 85% 76% Stream rotor nozzle 70% 82% 73% Microspray 75% 85% 76% Bubblers 85% 77% Drip emitter 90% 81% Subsurface drip 90% 81% *DUH —.386 + (.614)(DUr,Q) ** IE (spray) _ (DULn)(IME) ** IE (drip) = Emission uniformity (EU)(IME) (D) The Maximum Applied Water Allowance shall adhere to the following requirements: (1) The Maximum Applied Water Allowance shall be calculated using the equation presented in Appendix C. The reference evapotranspiration (ETo) values used for this calculation are from the Reference Evapotranspiration Table in Appendix D and are for planning purposes only. For actual irrigation scheduling, automatic irrigation controllers are 6 required and shall use current ETo data, such as from the California Irrigation Management Information System (CIMIS), other equivalent data, or soil moisture sensor data. 2.4 Soil and Stormwater Management (A) All planted landscape areas are required to have friable soil to maximize retention and infiltration. On engineered slopes, only amended planting holes need to meet this requirement. (B) In order to reduce runoff and encourage healthy plant growth, a soil management report shall be completed by the project applicant, or his/her designee, as follows: (1) Submit soil samples to a certified agronomic soils laboratory for analysis and recommendations. (a) Soil sampling shall be conducted in accordance with laboratory protocol, including protocols regarding adequate sampling depth for the intended plants. (b) The soil analysis may include, but is not limited to: 1. soil texture; 2. infiltration rate determined by laboratory test or soil texture infiltration rate table; 3. pH; 4. total soluble salts; 5. sodium; 6. percent organic matter; and 7. recommendations. (2) In projects with multiple landscape installations (i.e. production home developments or common interest developments that are installing landscaping) a soil sampling rate of 1 in 7 lots or approximately 15% will satisfy this requirement; evenly disbursed throughout the development. Large landscape projects shall sample at a rate equivalent to 1 in 7 lots or approximately 15% landscape area. The project applicant, or his/her designee, shall comply with one of the following: (a) If significant mass grading is not planned, the soil analysis report shall be submitted to the local agency as part of the Landscape Documentation Package; or 7 (b) If significant mass grading is planned, the soil analysis report shall be submitted to the City as part of the Certification of Completion. (c) The soil analysis report shall be made available, in a timely manner, to the professionals preparing the landscape design plans and irrigation design plans in order to make any necessary adjustments to the design plans. (d) The project applicant, or his/her designee, shall submit documentation verifying implementation of soil analysis report recommendations to the localagency with the Certification of Completion. [Note: Authority Cited: Section 65595, Government Code. Reference: Section 65596, Government Code.] (C) It is strongly recommended that landscape areas be designed for capture and infiltration capacity that is sufficient to prevent runoff from impervious surfaces (i.e. roof and paved areas) from additional capacity as required by any applicable local, regional, state, or federal regulation and/or one of the following: the one inch, 24-hour rain event or the 85°i percentile, 24-hour rain event. (I)) It is recommended that storm water projects incorporate any of the following elements to improve on-site stormwater and dry weather runoff capture and use: (1) Grade impervious surfaces, such as driveways, during construction to drain into vegetated areas. (2) Minimize the area of impervious surfaces such as paved areas, roof, and concrete driveways. (3) Incorporate pervious or porous surfaces (e.g. gravel, permeable pavers or blocks, pervious or porous concrete) that minimize runoff: (4) Direct runoff from paved surfaces and roof areas into planting beds or landscape areas to maximize site water capture and reuse. (5) Incorporate rain gardens, cisterns, and other rain harvesting or catchment systems. (6) Incorporate infiltration beds, swales, basins, and drywells to capture stormwater and dry weather runoff 'and increase percolation into the soil. (7) Consider constructed wetlands and ponds that retain water, equalize excess flow, and filter pollutants. M [Note: Authority cited: Section 65595, Government Code. Reference: Section 65596, Government Code.] 2.5 Landscape Design Plan (A) For the efficient use of water, a landscape shall be carefully designed and planned for the intended function of the project. The following design criteria shall be submitted as part of the Landscape Documentation Package. (1) Plant Material (a) Any plant may be selected for the landscape area provided the EAWU in the landscape area does not exceed the MAWA. Methods to achieve water efficiency shall include one or more of the following: (2) Protection and preservation of non-invasive water -conserving plant, tree and turf species; (3) Selection of water -conserving plant, tree and turf species; (4) Selection of plants based on local climate suitability, disease and pest resistance_ (5) Selection of trees based on applicable City and local tree ordinances or tree shading guidelines, and size at maturity as appropriate for the planting area; and (6) Selection of plants from local and regional landscape program plant lists. (7) Selection of plants from local Fuel Modification Plan Guidelines. (B) Each hydrozone shall have plant materials with similar water use; with the exception of hydrozones with plants of mixed water use, as specified in Section 2.5(a)(2)(D) of these Guidelines. (C) Plants shall be selected and planted appropriately based upon their adaptability to the climatic, geologic, and topographical conditions of the project site. Methods to achieve water efficiency shall include one or more of the following: (1) Use the Sunset Western Climate Zone System, or equivalent generally accepted models, which takes into account temperature, humidity, elevation, terrain, latitude, and varying degrees of continental and marine influence on local climate; (2) Recognize the horticultural attributes of plants (i.e., mature plant size, - invasive surface roots) to minimize damage to property or infrastructure 9 (e.g., buildings, sidewalks, and power lines); allow for adequate soil volume for healthy root growth; and (3) Consider the solar orientation for plant placement to maximize summer shade and winter solar gain. (D) Turfis discouraged on slopes greater than 25% where the toe of the slope is adjacent to an impermeable hardscape and where 25% means 1 foot of vertical elevation change for every 4 feet of horizontal length (rise divided by run x 100 = slope percent). ` (E) High water use plants, characterized by a plant factor of 0.7 to 1.0, are prohibited in street medians. (F) A landscape design plan for projects in fire -prone areas and fuel modification zones shall comply with requirements of the local Fire Authority, where applicable. Refer to the local Fuel Modification Plan Guidelines. When conflicts between water conservation and fire safety design elements exist, the fire safety requirements shall have priority. (G) The use of invasive plant species plant species, such as those listed by the California Invasive Plat Council, is strongly discouraged. (11) The architectural guidelines of a common interest development, which include community apartment projects, condominiums, planned developments, and stock cooperatives, shall not prohibit or include conditions that have the effect of prohibiting the use of water efficient plant species as a group. (1) Water Features (a) Recirculating water systems shall be used for water features. (b) Where available and consistent with public health guidelines, recycled water shall be used as a source for decorative water features. (e) The surface area of a water feature shall be included in the high water use hydrozone area of the water budget calculation. (d) Pool and spa covers are highly recommended. (2) Soil Preparation, Mulch and Amendments (a) Prior to planting of any materials, compacted soils shall be transformed to a friable condition. On engineered slopes, only amended planting holes need to meet this requirement. 10 (b) Soil amendments shall be incorporated according to the recommendations of the soil report and what is appropriate for plants selected. (c) For landscape installations, compost at a rate of a minimrun of four cubic yards per 1,000 square feet of permeable area shall be incorporated to a depth of six inches into the soil. Soils with greater than 6% organic matter in the top 6 inches of soil are exempt from adding compost and tilling. (d) A minimum three inch (3") layer of mulch shall be applied on all exposed soil surfaces of planting areas except in lurf areas, creeping or rooting groundcovers, or direct seeding applications where mulch is contraindicated. To provide habitat for beneficial insects and other wildlife, up to 5% of the landscape area may be left without mulch. Designated insect habitat must be included in the landscape design plan as such. (e) Stabilizing mulching products shall be used on slopes that meet current engineering standards such as those detailed in the USDA/USA11) Low -Volume Roads Engineering Best Management Practices Field Guide. (f) The mulching portion of the seed/mulch slurry in hydro -seeded applications shall meet the mulching requirement. (g) Organic mulch materials made from recycled or post -consumer shall take precedence over inorganic materials or virgin forest products unless the recycled post -consumer organic products are not locally available. Organic mulches are not required where prohibited by local fuel Modification Plan Guidelines or other applicable local ordinances. (1) The landscape design plan, at a minimum, shall: (1) Delineate and label each hydrozone by number, letter, or other method; (2) Identify each hydrozone as low, moderate, high water, or mixed water use. Temporarily irrigated areas of the landscape area shall be included in the low water use hydrozone for the water budget calculation; (3) Identify recreational areas; (4) Identify areas permanently and solely dedicated to edible plants-, (5) Identify areas irrigated with recycled water; (6) Identify type of mulch and application depth; I1 (7) Identify soil amendments, type, and quantity; (8) Identify type and surface area of water features; (9) Identify hardscapes (pervious and non pervious); (10) Identify location and installation details, and 24-hour retention or infiltration capacity of any applicable storm water best management practices that encourage on-site retention and infiltration of storm_ water. Project applicants shall refer to the local agency or regional Water Quality Control Board for information on any applicable stormwater technical requirements. Storm water best management practices are encouraged in the landscape design plan and examples are provided in Section 2.4(C) - (D). (11) Identify any applicable rain harvesting or catchment technologies (e.g., rain gardens, cisterns, etc.); (12) Contain the following statement: "I have complied with the criteria of the Water Efficient Landscape Ordinance and applied them for the efficient use of water in the landscape design plan;" and (13) Bear the signature of aCalifornia-licensed landscape professional. [Note: Authority Cited: Section 65595, Reference: Section 65596, Government Code and Section 1351, Civil Code.] 2.6 Irrigation Design Plan (A) This section applies to landscape areas requiring permanent irrigation, not areas that require temporary irrigation solely for the plant establishment period. For the efficient use of water, an irrigation system shall meet all the requirements listed in this section and the manufacturer's recommendations. The irrigation system and its related components shalt be planned and designed to allow for proper installation, management, and maintenance. An irrigation design plan meeting the following design criteria shall be submitted as part of the Landscape Docunaentalion Package. (1) System (a) Landscape water meters, defined as either a dedicated water service meter or private sub meter, shall be installed for all non- residential irrigated landscapes of 1,000 sq. ft. but not more than 5,000 sq. ft. (the level at which Water Code 535 applies) and residential irrigated landscapes of 5,000 sq. ft. or greater. A landscape water meter may be either: 12 1. A customer service meter dedicated to landscape use provided by the Walnut Valley Water District; or 2. A privately owned meter or sub meter. (b) Automatic irrigation controllers utilizing either evapotranspiration or soil moisture sensor data with non-volatile memory shall be required for irrigation scheduling in all irrigation systems, recommending U.S. EPA WaterSense labeled devices as applicable. (c) Sensors (rain, freeze, wind, etc.), either integral or auxiliary, that suspend or alter irrigation operation during unfavorable weather conditions shall be required on all irrigation systems, as appropriate for Local climatic conditions. Irrigation should be avoided during windy or freezing weather or during rain. (d) if the water pressure is below or exceeds the recormnended pressure of the specified irrigation devices, the installation of a pressure regulating device is required to ensure that the dynamic pressure at each emission device is within the manufacturer's recommended pressure range for optimal performance. 1. Ifthe static pressure is above or below the required dynamic pressure of the irrigation system, pressure -regulating devices such as inline pressure regulators, booster pumps, or other devices shall be installed to meet the required dynamic pressure of the irrigation system. 2. Static water pressure, dynamic or operating pressure, and flow reading of the water supply shall be measured at the point of connection. These pressure and flow measurements shall be conducted at the design stage. If the measurements are not available at the design stage, the measurements shall be conducted at installation. (e) Backflow prevention devices shall be required to protect the water supply from contamination by the irrigation system. A project applicant shall refer to the applicable City code (i.e., public health) for additional backflow prevention requirements. (i) A master shutoff valve shall be as close as possible to the point of connection and is required on all projects; with the exception for landscapes that mance use of technologies that allow for the individual control of sprinklers that are individually pressurized in a system equipped with low pressure shut down features. 13 (g) Flow sensors that detect high flow conditions created by system damage or malfunction are required for all non-residential landscapes and residential landscapes of 5,000 sq. ft. or larger. The flow sensor must be in combination with a master shut-offvalve. (Ir) Manual isolation valves (such as a gate valve, ball valve, or butterfly valve) shall be required downstream of the point of connection of the water supply to minimize water loss in case of an emergency (such as a main line break) or routine repair. (i) The irrigation system shall be designed to prevent runoff; low head drainage, overspray, or other similar conditions where irrigation water flows onto non -targeted areas, such as adjacent properly, non -irrigated areas, hardscapes, roadways, or structures. (j) Relevant information from the soil management plan, such as soil type and infiltration rate, shall be utilized when designing irrigation systems. (1r) The design of the irrigation system shall conform to the hydrozones of the landscape design plan. (1) All irrigation emission devices must meet the requirements set in the American National Standards Institute (ANSI) standard, American Society of Agricultural and Biological Engineers'/International Code Council's (ASABE/ICC) 802-2014 "Landscape Irrigation Sprinkler and Emitter Standard, All Sprinkler heads installed in the landscape must document a distribution uniformity low quarter of 0.65 or higher using the protocol defined in ASBE/ICC 802-2014. (m) Average irrigation efficiency (IE) for the project shall be determined in accordance with the EAWU calculation sheet in Appendix B. Unless otherwise indicated by the irrigation equipment manufacturer's specifications or demonstrated by the project applicant, the irrigation efficiency of the irrigation heads used within each hydrozone shall as listed in Section 2.3(C)(9). (n) It is required that the project applicant or local agency inquire with the Walnut Valley Water District about peak water operating demands (on the water supply system) or water restrictions that may impact the effectiveness of the irrigation system. (o) In mulched planting areas, the use of low volume irrigation (drip or low volume overhead irrigation) is required to maximize water infiltration into the root zone; with the exception of areas with fuel modification requirements and/or those that require plant establishment to comply with local grading ordinances. 14 (p) Sprinkler heads and other emission devices shall have matched precipitation rates, unless otherwise directed by the manufacturer's recommendations. (q) Head to head coverage is recommended. However, sprinkler spacing shall be designed to achieve the highest possible distribution uniformity using the manufacturer's recommendations. (r) Swing joint components are required on all sprinklers subject to damage that are adjacent to hardscapes or in high traffic areas of turf. (s) Check valves or anti -drain valves are required on all sprinkler heads where low point drainage could occur. (t) Areas less than ten (10) feet in width in any direction shall be irrigated with subsurface irrigation or other means that produces no runoff or overspray. (u) Overhead irrigation shall not be permitted within 24 inches of any non -permeable surface. Allowable irrigation within the setback from non -permeable surfaces may include drip, drip line, or other low flow non -spray technology. The setback area may be planted or implanted. The surfacing of the setback may be mulch, gravel, or other porous material. These restrictions may be modified if: 1. the landscape area is adjacent to permeable surfacing and no runoff occurs; or 2. the adjacent non -permeable surfaces are designed and constructed to drain entirely to landscaping; or 3. the irrigation designer for the landscape project specifies an alternative design or technology, as part of the Landscape Documentation Package, and clearly demonstrates strict adherence to the irrigation system design criteria in Section 2.5 (a)(1)(H) hereof. Prevention of overspray and runoff must be confirmed during an irrigation audit. 4. slopes greater than 25% shall not be irrigated with an irrigation system with a application rate exceeding 0.75 inches per hour. This restriction may be modified if the landscape designer of the landscape project specifies an alternative design or technology, as part of the Landscape Documentation Package, and clearly demonstrates no runoff or erosion will occur. Prevention of runoff and erosion must be confirmed during the irrigation audit. 15 (2) Hydrozone (a) Each valve shall irrigate a hydrozone with similar site, slope, sun exposure, soil conditions, and plant materials with similar water use. (b) Sprinkler heads and other emission devices shall be selected based on what is appropriate for the plant type within that hydrozone. (e) Where feasible, trees shall be placed on separate valves from shrubs, groundcovers, and turf to facilitate the appropriate irrigation of tees. The mature size and extent of the root zone shall be considered when designing irrigation for the tree. (d) Individual hydroaones that mix plants of moderate and low water use or moderate and high water use may be allowed if: 1. The plant factor calculation is based on the proportions of the respective plant water uses and their respective plant factors; or 2. The plant factor of the higher water using plant is used for the calculations. (e) Individual hydrozones that mix high and low water use plants shall not be permitted. (f) On the landscape design plan and irrigation design plan, hydrozone areas shall be designated by number, letter, or other designation. On the irrigation design plan, designate the areas irrigated by each valve and assign a number to each valve. (g) The irrigation design plan, at a minimum, shall contain: 1. the location and size of separate water meters for landscape; 2. the location, type, and size of all components of the irrigation system, including controllers, main and lateral lines, valves, sprinkler heads, moisture sensing devices, rain switches, quick couplers, pressure regulators, and backflow prevention devices; 3. static water pressure at the point of connection to the public water supply; 4. flow rate (gallons per minute), application rate (inches per hour), and design operating pressure (pressure per square inch) for each station; 16 5. irrigation schedule parameters necessary to program smart timers specified in the landscape design; 6. the following statement: "I have complied with the criteria of the Water Efficient Landscape Ordinance and applied them accordingly for the efficient use of water in the irrigation design plan;" and 7. the signature of a California -licensed landscape professional. [Note: Authority Cited: Section 65595, Government Code. Reference: Section 65596, Government Code.] 2.7 Grading Design Plan (A) For the efficient use of water, grading of a landscape project site shalt be designed to minimize soil erosion, runoff, and water waste. Finished grading configuration of the landscape area, including pads, slopes, drainage, post -construction erosion control, and storm water control Best Management Practices, as applicable, shall be shown on the Landscape Plan unless this information is fully included in separate Grading Plans for the project, or unless the project is limited to replacement planting and/or irrigation to rehabilitate an existing landscape area. (B) The project applicant shall submit a landscape grading plan that indicates finished configurations and elevations of the landscape area including: (1) Height of graded slopes; (2) Drainage patterns; (3) Pad elevations; (4) Finish grade; and (5) Storm water retention improvements, if applicable. (C) To prevent excessive erosion and runoff, it is highly recommended that the project applicant: (1) Grade so that all irrigation and normal rainfall remains within property lines and does not drain on to non -permeable hardscapes; (2) Avoid disruption of natural drainage patterns and undisturbed soil; and (3) Avoid soil compaction in landscape areas (D) The Grading Design Plan shall contain the following statement: "I have complied with the criteria of the ordinance and applied them accordingly for the efficient 17 use of water in the grading design plan" and shall bear the signature of the landscape professional, as required by law. [Note: Authority Cited: Section 65595, Government Code. Reference: Section 65596, Government Code.] 2.8 Certification of Completion (A) Landscape project installation shall not proceed until the Landscape Documentation Package has been approved by the City and any ministerial permits required are issued. (D) The project applicant shall notify the City at the beginning of the installation work and at intervals, as necessary, for the duration of the landscape project work to schedule all required inspections. (C) Certification of Completion of the landscape project shall be obtained through a Certificate of Use and Occupancy or a Permit Final. The requirements for the Final Inspection and Permit Closure include submittal of: (1) A Landscape Installation Certificate of Completion in the form included as Appendix D of these Guidelines, which shall include: (i) certification by a landscape professional that the landscape project has been installed per the approved Landscape Documentation Package; and (ii) the following statement: "The landscaping has been installed in substantial conformance to the design plans, and complies with the provisions of the Water Efficient Landscape Ordinance for the efficient use of water in the landscape." (a) Where there have been significant changes (as deemed by the local permitting agency) made in the field during construction, these "as -built" or record drawings shall be included with the certificate (b) A diagram of the irrigation plan showing hydrozones shall be kept with the irrigation controller for subsequent management purposes. (2) Documentation of the irrigation scheduling parameters used to set the controller(s); (3) An irrigation audit report from a local agency landscape irrigation auditor or third party certified landscape irrigation auditor, documentation of enrollment in regional or Walnut Valley Water District's water conservation programs, and/or documentation that the MAWA and EAWU information for the landscape project has been submitted to the Walnut Valley Water District, may be required at the option of the City. Example Inspection Affidavit is included as Appendix H. 18 (a) Landscape audits shall not be conducted by the person who designed or installed the landscape. (b) In large projects or projects with multiple landscape installations (i.e. production home developments or common interest developments) an auditing rate of 1 in 7 lots or approximately 15% will satisfy this requirement. [Note: Authority Cited: Section 65595, Government Code. Reference: Section 65596, Government Code.] 2.9 Post -Installation Irrigation Scheduling (A) For the efficient use of water, all irrigation schedules shall be developed, managed, and evaluated to utilize the minimum amount of water required to maintain plant health. Irrigation schedules shall meet the following criteria: (1) Irrigation scheduling shall be regulated by automatic irrigation controllers. (2) Overhead irrigation shall be scheduled in accordance with the Walnut Valley Water District's Water Conservation Ordinance. Operation of the irrigation system outside the normal watering window is allowed for auditing and system maintenance. [Note: Authority Cited: Section 65595, Government Code. Reference: Section 65596, Government Code.] 2.10 Post -Installation Landscape and Irrigation Maintenance (A) Landscapes shall be maintained to ensure water use efficiency in accordance with existing local agency code. 3. Provisions for Existing Landscapes (A) Irrigation of all landscape areas shall be conducted in a manner conforming to the rules and requirements and shall be subject to penalties and incentives for water conservation and water waste prevention, as determined and implemented by the Walnut Valley Water District and as may be mutually agreed by the City. (B) The City and/or the regional or Walnut Valley Water District may administer programs such as irrigation water use analyses, irrigation surveys and/or irrigation audits, tiered water rate structures, water budgeting by parcel, or other approaches to achieve landscape water use efficiency community -wide to a level equivalent to or less than would be achieved by applying a AM WA calculated with an ETAF of 0.8 to all landscape areas in the City over one acre in size. (C) The architectural guidelines of a common interest development, including apartments, condominiums, planned developments, and stock cooperatives, shall 19 not prohibit or include conditions that have the effect of prohibiting the use of low-water use plants as a group. [Note: Authority Cited: Section 65595, Government Code. Reference: Section 65596, Government Code.] 4. Public Education (A) Publications. Education is a critical component to promote the efficient use of water in landscapes. The use of appropriate principles of design, installation, management, and maintenance that save water is encouraged in the community. (B) Model Homes. All model homes that are landscaped shall use signs and written information to demonstrate the principles of water efficient landscapes as described. (1) Signs shall be used to identify the model as an example of a water efficient landscape featuring elements such as hydrozones, irrigation equipment, and others that contribute to the overall water efficient theme. Signage shall include information about the site water use as designed per the local ordinance; specify who designed and installed the site water efficient landscape; and demonstrate low water use approaches to landscaping such as using appropriate plants, alternative water sources, or rainwater catclm7ent systems. (2) Information shall be provided about designing, installing, managing, and maintaining water efficient landscapes. [Note: Authority Cited: Section 65595, Government Code. Reference: Section 65596, Govermnent Code.] 20 Appendix A. Prescriptive Compliance Option (A) This appendix contains prescriptive requirements which may be used as a compliance option to the Ordinance. (B) Compliance with the following items is mandatory and must be docrunented in a landscape plan in order to use the prescriptive compliance option: (1) Submit a Landscape Documentation Package which includes the following elements: (a) Date (b) Project applicant (c) Project address (if available, parcel and/or lot number (s)) (d) Total landscape area (square feet), including a breakdown of turf and plant material (e) Project type (e.g., new, rehabilitated, public, private, cemetery, homeowner -installed) (f) Water supply type (e.g., potable, recycled, well) and identify the local retail water purveyor if the applicant is not served by a private well (g) Contact information for the project applicant and property owner (h) Applicant signature and date with statement, "I agree to comply with the requirements of the prescriptive compliance option to the MWELO" (2) Incorporate compost at a rate of at least four cubic yards per 1,000 square feet to a depth of six inches into landscape area (unless contra-indicated by a soil test); (3) Plant material shall comply with all of the following: (a) For residential areas, install climate adapted plants that require occasional, little or no summer water (average WUCOLS plan factor 0.3) for 75% of the plant area excluding edibles and areas using recycled water; For non-residential areas, install climate adapted plants that require occasional, little or no srumner water 21 (average WUCOLS plan factor 0.3) for 100% of the plant area excluding edibles and areas using recycled water; (h) A minimum three inch (3") layer of mulch shall be applied on all exposed soil surfaces of planting areas except in turf areas, creeping or rooting groundcovers, or direct seeding applications where mulch is contraindicated. (4) Turf shall comply with all of the following: (a) Turf shall not exceed 25% of the landscape area in residential areas, and turf shall not be planted in non-residential areas (b) Turf shall not be planted on sloped areas which exceed a slope of 1 foot vertical elevation change for every 4 feet of horizontal length; (e) Turf is prohibited in parkways less than 10 feet wide, unless the parkway is adjacent to a parking strip and used to enter and exit vehicles. Any turf in parkways must be irrigated by sub -surface irrigation, or by other technology that creates no oversproy or runoff. (5) Irrigation systems shall comply with the following: (a) - Automatic irrigation controllers are required and roust use evapotranspiration or soil moisture sensor data (b) Irrigation controllers shall be of a type which does not lose programming data in the event the primary power source is interrupted. (c) Pressure regulators shall be installed on the irrigation system to ensure the dynamic pressure of the system is within the manufacturers recommended pressure range. (d) Manual shut-off' valves (such as a gate valve, ball valve, or butterfly valve) shall be installed as close as possible to the point of connection of the water supply. (e) All irrigation emission devices must meet the requirements set in the ANSI standard, ASA13E/ICC802-2014. "Landscape irrigation Sprinkler and Emitter Standard." All bprinkler heads installed in the landscape must document a distribution uniformity low quarter of 0.65 or higher using the protocol defined in ASABE/ICC 802- 2014. 22 (C) At the time of final inspection, the permit applicant must provide the owner of the property with a certificate of completion, certificate of installation, irrigation schedule and a schedule of landscape and irrigation maintenance. 23 Appendix B: Certification of Landscape Design I hereby certify that: (1) I am a professional appropriately licensed in the State of California to provide professional landscape design services. (2) The landscape design and water use calculations for the property located at (provide sheet address or parcel number(s)) were prepared by me or under my supervision. (3) The landscape design and water use calculations for the identified property comply with the requirements of the City of Diamond Bar Water Efficient Landscape Ordinance (Municipal Code Sections 8.14 and 22.26) and the City of Diamond Bar Guidelines for Implementation of the City of Diamond Bar Water Efficient Landscape Ordinance. (4) The information I have provided in this Certificate of Landscape Design is true and correct and is hereby submitted in compliance with the City of Diamond Bar Guidelines for Implementation of the City of Diamond Bar Water Efficient Landscape Ordinance. Print Name Signature Address Telephone Landscape Design Professional's Stamp 24 Date License Number E-mail Address Appendix C: Water Efficient Landscape Worksheet WATER EFFICIENT LANDSCAPE WORKSHEET This worksheet is filled out by the project applicant and it is a required item of the Landscape Documentation Package, Reference Evapotranspiration (ETo)': Landscape Area Sector Type [ ] Residential (select one): [ ] Non -Residential talar Landscape Area 1 2 3 - 4 5 6 7 8 9 10 11 12 Special Landscape Area SLA -1 SLA -2 SLA -3 SLA -4 SLA -5 - 25 Total Average ETAF for Regular In Not In Landscape Areas' (circle one): Compliance Compliance Totals Total Landscape Area Site wide ETAF ETWU Total Maximum Allowed Water Allowance (MAWA)f Estimated Hydrozone Plant Irrigation Total Water #/Planting Factor' Irrigation Efficiency` ETAF Landscape Use' Description Location (PF) Method` (IE) (PF/IE) Area (sq -ft) ETAF x Area (ETWU) talar Landscape Area 1 2 3 - 4 5 6 7 8 9 10 11 12 Special Landscape Area SLA -1 SLA -2 SLA -3 SLA -4 SLA -5 - 25 Total Average ETAF for Regular In Not In Landscape Areas' (circle one): Compliance Compliance Totals Total Landscape Area Site wide ETAF ETWU Total Maximum Allowed Water Allowance (MAWA)f r r � 'Local monthly evapotranspiration rates are listed in Appendix D. e The following table can be used for common plant facfors: Plant Factor PF Very low water use plant 0.1 Low water use plant 0.2 Medium water use plant 0.5 High water use plant 0.8 Lawn 0.8 Pool, spa, or other water feature 1.0 Irrigation efficiency is derived from measurements and estimates of irrigation system characteristics and management practices. The minimum average irrigation eff ciency for purposes of these Guidelines is 0.71. The following irrigation eff ciency maybe obtained for the listed irrigation heads with an Irrigation Management Efficiency of 90%: Irrigation: Method -:1E Spray nozzles 71% High efficiency spray nozzles 73% Multi stream/Multi trajectory rotary (MSMT) nozzles 76% Stream rotor nozzle 73% Microspray 76% Bubblers 77% Drip emitter 81% Subsurface drip 81% d Estimated Total Water Use (ETWU) is the annual gallons required ETWU — (ETo) x (0.62) x (ETAF x Area) where, ETo = annual evapotranspiration rate in inches per year 0.62 = factor used to convert inches per year to gallons per square foot ETAF = plant factor . irrigation efficiency e Average ETAF for Regular Landscape Areas must be 0.55 or below for residential areas, and 0.45 or below for nonresidential areas. f Maximum Allowed Water Allowance (MAWA) is the annual gallons allowed MAWA = (ETo) x (0.62) x [(ETAF x LA) + ((1-ETAF) x SLA)] where, ETo = annual evapotranspiration rate in inches per year 0.62 = factor used to convert inches per year to gallons per square foot ETAF =plant factor _ irrigation efficiency LA— total (site wide) landscape area in square feet SLA = total special landscape area 26 Q 0 0 0 0 0 0 0 0 O O O O O 10 O O O �O O O N N N N N N N N N N N N N N N N N iN N N N N N N N N N N N N N '.N N N N N N ',N N CN N. cyj d' QOM 'M �D vl M 'M 1p M Vl ISD N M M �D Q M M M'�M M M M.IM IM M M M M M M M M MM M ',M cn J I N O lD N�,h lD O M!.� b00 AD '� n�01 O nN r-� �o C� O� N O� Q� N N N Vl M N L� Vl d'V Vl N j Vl 'CF �/-rl M M M M M M M M L M M Rl M M M frl I M M S M M M Rl ��, � i Vl W N N N N !N N l N N N N N N ci N N. N N IN N N N N N N N N -N N'�N N N N N �N s� a 11 R O L c3 U 4 U U u ,�, U 9z H W W a N � d' 'n a, G' d' y O O a O O O O A N N N N N N N N N N N IN N N N N N N N N N N N N GVl Vl vl 41 :I'D l0 'n n n lO N N N N N I N N�N N N N N N 1 rr I <r M '.M Mm m M mm 'O It 'V .lam � N l� oo vl V vl t� 101 V Vi Ol I N M O I N O �t -zt 0, N m m �O V1 v1 v1 : v1 vt V1 Vl '!1 Vt Vl Vl Vl Vl 'V M vl lD v1 o� Ol O N M O I I I N It O) 'n 01 al I�T Im W I7t 'Z Vl Vl Vl Vl 'I'f� Vl Vl Vlztun Vl 'n Vl 'n Vl Vl Vl Vl Vl Vl }. II M M. M'- M M m �m. V1 Vl Vl V 4l Vl V1 V1 V1 l� t� V] Vl Vl VI N : Vl Vl. N N N N �N N IIN N �N N N N'IN N N'. N NTN N. C �D "D D 'D I . F i m 0 w U Ctl a cd s.4 GS tt 4 ctl S cC Cb CC s O 4 er " e m® w �Op CC U] ctl O CS U rn N U] A r.+ U'I v) rd al a ha G W Cf) R R O %+ H y 0 0� co N oo �n Y '� G vl Vl 01 01 O lO m N N!, --i 01 IIN Vl Vl tll ,,O 'n !"O .� M M.eN G1 N V1 IJ 9 O O vl M d' ti Imo.. � h f 4l V"I V"I Vl Vl V] d Appendix E: Certificate of Completion f1F_\►117."Mmil`Mlam#IF_11Y[!]►'[N2N01aIMINYap]'[ MOI9RONY(130 1 hereby certify that: (1) I am a professional appropriately licensed in the State of California to provide professional landscape design services for: (project name, mailing address and telephone). (2) The landscape project for the property located at (provide street address or parcel number(s)) was installed by me or under my supervision. (3) The landscaping for the identified property has been installed in substantial conformance with the approved Landscape Documentation Package and complies with the requirements of the City of Diamond Bar Water Efficient Landscape Ordinance (Municipal Code Sections 8.14 and 22.26) and the City of Diamond Bar Guidelines for Implementation of the City of City of Diamond Bar Water Efficient Landscape Ordinance for the efficient use of water in the landscape. (4) The following elements are attached hereto: a. Irrigation scheduling parameters used to set the controller; b. Landscape and irrigation maintenance schedule; c. Irrigation audit report; and d. Soil analysis report, if not submitted with Landscape Documentation Package, and documentation verifying implementation of the soil report recommendations. (5) The site installation complies with the following: a. The required irrigation system has been installed according to approved plans and specifications and if applicable, any prior approved irrigation system alternatives. Yes No b. Sprinklers comply with ASABE/ICC 802-2014 Landscape Irrigation Sprinkler & Emitter Standard. Yes No (6) The information I have provided in this Landscape Installation Certificate of Completion is hue and correct and is hereby submitted in compliance with the City of Diamond Bar Guidelines for Implementation of the City of Diamond Bar Water Efficient Landscape Ordinance. 30 Print Name Signature Address Telephone Landscape Design Professional's Stamp (If Appropriate) 31 Date License Munber E-mail Address Appendix F: Definitions The terms used in these Guidelines have the meaning set forth below: "Aggregate " area pertains to production home neighborhoods, common interest developments, or other situations where multiple parcels are undergoing landscape development as one project, but may eventually be individually owned or maintained. "Backflow prevention device" means a safety device used to prevent pollution or contamination of the water supply due to the reverse flow of water from the irrigation system. "Check valve" or "anti -drain valve" means a valve located under a sprinkler head, or other location in the irrigation system, to hold water in the system to prevent drainage from sprinkler heads when the sprinkler is off. "Certified Landscape Irrigation Auditor" means a person certified to perform landscape irrigation audits by an accredited academic institution, a professional trade organization or other program such as the US Environmental Protection Agency's WaterSense irrigation auditor certification program and Irrigation Association's Certified Landscape Irrigation Auditor program. "Certification of Design" means the certification included as Exhibit E of these Guidelines that must be included in the Landscape Documentation Package pursuant to Section 2.1 of these Guidelines. "City" means the City of Diamond Bar or its authorized designee "Common interest developments" means community apartment projects, condominium projects, planned developments, and stock cooperatives per Civil Code Section 1351 "Distribution Uniformity" or "DU' is a measure of how uniformly an irrigation head applies water to a specific target area and theoretically ranges form zero to 100 percent. "Drip" irrigation means any non -spray low volume irrigation system utilizing emission devices with a flow rate measured in gallons per hour. Low volume irrigation systems are specifically designed to apply small volumes of water slowly at or near the root zone of plants. "Emitter" means a drip irrigation emission device that delivers water slowly from the system to the soil. "Estimated Applied Water Use" or "EAWU' means the annual total amount of water estimated to keep plants in a healthy state. It is based on factors such as reference evapotranspiration rate, the size of the landscape area, plant water use factors, and the irrigation eff ciency within each hydrozone. 32 "Evapotranspiration adjustment factor" or "ETAF" means a factor of 0.7, that, when applied to reference evapotranspiration, adjusts for plant factors and irrigation efficiency, two major influences upon the amount of water that needs to be applied to the landscape. A combined plant mix with a site -wide average of 0.5 is the basis of the plant factor portion of this calculation. For purposes of the ETAF, the average irrigation efficiency is 0.71. Therefore, the ET Adjustment Factor is (0.7)—(0.5/0.71). ETAF for a Special Landscape Area shall not exceed 1.0. ETAF for existing non -rehabilitated landscapes is 0.8. "Evapotranspiration rate" means the quantity of water evaporated from adjacent soil and other surfaces and transpired by plants during a specified time. "Flow rate" means the rate at which water flows through pipes, valves and emission devices, measured in gallons per minute, gallons per hour, or cubic feet per second. "Ilardscapes" means any durable material or feature (pervious and non -pervious) installed in or around a landscape area, such as pavements or walls. Pools and other water features are considered part of the landscape area and not considered hardscapes for purposes of these Guidelines. "Graywaler" means a system inheated wastewater that has not been contaminated by any toilet discharge, has not been affected by infectious, contaminated, or unhealthy bodily wastes, and does not present athreat from contamination by unhealthy processing, manufacturing, or operating wastes. Grayivater includes, but is not limited to, wastewater from bathtubs, showers, bathroom washbasins, clothes washing machines. And laiu2dry tubs, but does not include wastewater from kitchen sinks or dishwashers as per the Health and Safety Code (Section 17922.12). Graywater systems promote the efficient use of water and are encouraged to assist in on-site landscape irrigation. All gray rater systems shall confonn to the California Plumbing Code (Title 24, Part 5, Chapter 16) and any applicable local ordinance standards. "Hydroaone" means a portion of the landscape area having plants with similar water needs and typically irrigated by one valve/controller station. A hydrozone may be irrigated or non- irrigated. "Infiltration rate" means the rate of water entry into the soil expressed as a depth of water per unit of time (e.g., inches per hour). "Invasive" plants species or "noxious" means species of plants not historically found in California that spread outside cultivated areas and can damage environmental or economic resources. Invasive plant species may be regulated by county agricultural agencies as noxious species. "Irrigation audit" means an in-depth evaluation of the performance of an irrigation system conducted by a Certified Landscape Irrigation Auditor. An irrigation audit includes, but is not limited to: inspection, system tune-up, system test with distribution uniformity or emission uniformity, reporting overspray or runoff that causes overland flow, and preparation of an irrigation schedule. 33 "Irrigation Management Efficiency" or "IME" means the measurement used to calculate the rrigation efficiency of the irrigation system for a landscaped project. A 90% IME can be achieved by using evaportranspiration controllers, soil moisture sensors, and other methods that will adjust irrigation run times to meet plant water needs. "Irrigation efficiency" means the measurement of the amount of water beneficially used divided by the amount of water applied. Irrigation efficiency is derived from measurements and estimates of irrigation system characteristics and management practices. The irrigation efficiency for purposes of this Water Efficient Landscape Ordinance are 0.75 for overhead spray devices and 0..81 for drip systems. "Landscape coefficient (Kr) is the product of a plant factor multiplied by a density factor and a nicroclimale factor. The landscape coefficient is derived to estimate water loss from irrigated landscape areas and special landscape areas. "Landscape Documentation Package" means the package of documents that a project applicant is required to submit to the Ciry pursuant to Section 2.1 of these Guidelines. "Landscape Installation Certificate of Completion" means the certificate included as Exhibit F of these Guidelines that must be submitted to the City pursuant to Section 2.7(a)(1) of hereof. "Landscape professional" means a licensed landscape architect, licensed landscape contractor, or any other person authorized to design a landscape pursuant to Sections 5500.1, 5615, 5641, 5641.1, 5641.2, 5641.3, 5641.4, 5641.5, 5641.6, 6701, 7027.5 or the California Business and Professions Code, Section 832.27 of Titlel6 of the California Code of Regulations, and Section 6721 of the California Food and Agriculture Code. "Landscape area" means all the planting areas, turf areas, and water features in a landscape design pian subject to the Maximum Applied Water Allowance and Estimated Applied Water Use calculations. The landscape area does not include footprints of buildings or structures, sidewalks, driveways, parking lots, decks, patios, gravel or stone walks, other pervious or non - pervious hardscapes, and other non -irrigated areas designated for non -development (e.g., open spaces and existing native vegetation). "Lateral line" means the water delivery pipeline that supplies water to the emitters or sprinklers from the valve. "Low volume irrigation" means the application of irrigation water at low pressure through a system of tubing or lateral lines and low volume emitters such as drip, drip Lines, and bubblers. Low volume irrigation systems are specifically designed to apply small volumes of water slowly at or near the root zone of plants. "Low volume overhead irrigation" means aboveground irrigation heads with an upper flow limit of 0.5 GPM. 34 "Main line" means the pressurized pipeline that delivers water from the water source to the valve or outlet. "Manual Isolation Valve" means a valve such as a gate valve, ball valve, or butterfly valve installed downstream of the point of connection of the water supply to shutdown water flow tluough mainline piping for routine maintenance and emergency repair. "Master shut-off valve" an electronic valve such as a solenoid valve installed as close as possible to the point of connection and is used in conjunction with a flow sensor and flow monitoring controller technology to automatically shutdown system wide water flow in the event of high flow conditions such as mainline pipe break. "Maximum Applied Water Allowance" or "MAWA" means the upper limit of annual applied water for the established landscape area, as specified in Section 2.2 of these Guidelines. It is based upon the area's reference evapotranspiration, the ETAF, and the size of the landscape area. The Estimated Applied Water Use shall not exceed the Maximum Applied Water Allowance. "Microelimate" means the climate of a small, specific area that may contrast with the climate of the overall landscape area due to factors such as wind, sun exposure, plant density, or proximity to reflective surfaces. "Mulch" means any organic material such as leaves, bark, straw or compost, or inorganic mineral materials such as rocks, gravel, or decomposed granite left loose and applied to the soil surface for the beneficial purposes of reducing evaporation, suppressing weeds, moderating soil temperature, and preventing soil erosion. "Non pervious" means any surface or natural material that does not allow for the passage of water through the material and into the underlying soil. "Operating pressure" means the pressure at which the parts of an irrigation system of sprinklers are designed to operate at by the manufacturer "Oversproy" means the irrigation water which is delivered beyond the target area. "Person" means any natural person, fine, joint venture, joint stock company, partnership, public or private association, club, company, corporation, business trust, organization, public or private agency, government agency or institution.. school district, college, university, any other user of water provided by the City or the Walnut Valley Water District, or the manager, lessee, agent, servant, officer, or employee of any of them or any other entity which is recognized by law as the subject of rights or duties. "Pervious" means any surface or material that allows the passage of water through the material and into the underlying soil. "Plant factor" or "plant water use factor" is a factor, when multiplied by ETo, that estimates the amount of water needed by plants. For purposes of this Water Efficient Landscape Ordinance, the plant factor range for low water use plants is 0 to 0.3; the plant factor range for moderate 35 water use plants is 0.4 to 0.6; and the plantfactor range for high water use plants is 0.7 to 1.0. Plantfactors cited in these Guidelines are derived from the Department of Water Resources 2000 publication "Water Use Classification of Landscape Species." "Precipitation rate" means the rate of application of water measured in inches per hour. "Project applicant" means the person submitting a Landscape Documentation Package required under Section 2.1 to request a permit, plan check, or design review from the local agency. A project applicant may be the property owner or his or her designee. "Property owner" or "owner" means the record owner of real property as shown on the most recently issued equalized assessment roll. "Reference evapotranspiration" or "ETo" means a standard measurement of environmental parameters which affect the water use of plants. ETo is given expressed in inches per day, month, or year as represented in Appendix C of these Guidelines, and is an estimate of the evapotranspiration of a large field of four to seven-inch tall, cool -season grass that is well watered. Reference evapotranspiration is used as the basis of determining the Maximum Applied Water Allowances. "Recycled water" or "reclaimed water" means treated or recycled waste water of a quality suitable for non -potable uses such as landscape irrigation and water features. This water is not intended for human consumption. "Runoff' means water which is not absorbed by the soil of landscape to which it is applied and flows from the landscape area. For example, runoff may result from water that is applied at too great a rate (application rate exceeds infiltration rate) or when there is a slope. "Special Landscape Areas" or "SLA" means an area of the landscape dedicated solely to edible plants such as orchards and vegetable gardens, areas irrigated with recycled water, water features using recycled water, and areas dedicated to active play such as community pools and spas, parks, sports fields, golf courses, and where turfprovides a playing surface. "Sprinkler head" means a device which delivers water through a nozzle. "Static water pressure" means the pipeline or municipal water supply pressure when water is not flowing. "Station" means an area served by one valve or by a set of varves that operate simultaneously. "Swing joint" means an irrigation component that provides a leak -free connection between the emission device and lateral pipeline to allow movement in any direction and to prevent equipment damage. "Turf' means a ground cover surface of mowed grass. Annual bluegrass, Kentucky bluegrass, Perennial ryegrass, Red fescue, and Tall fescue are cool -season grasses. Bermudagrass, Kikuyugrass, Seashore Paspalum, St. Augustinegrass, Zoysiagrass, and Buffalo grass are warm - season grasses. 36 "Valve" means a device used to control the flow of water in an irrigation system "Water Efficient Landscape Ordinance" means Ordinance No. adopted by the City Cormcil on , 2009, and codified in the Municipal Code in [chapter/title/division/sections �. "Water Efficient Landscape Worksheets" means the worksheets required to be completed pursuant to Section 2.2 of these Guidelines and which are included in Appendix B hereof. "Water feature" means a design element where open water performs an aesthetic or recreational function. Water features include ponds, lakes, waterfalls, fountains, artificial streams, spas, and swimming pools (where water is artificially supplied). The surface area of water, features is included in the high water use hydrozone of the landscape area. Constructed wetlands used for on-site wastewater treatment, habitat protection, or storm water best management practices that are not irrigated and used solely for water treatment or story water retention are not water features and, therefore, are not subject to the water budget calculation. "Wateringwindow" means the time of day irrigation is allowed « WUCOLS" means the Water Use Classification of Landscape published by the University of California Cooperative Extension, the Department of Water Resources, and the Bureau of Reclamation, 2000. www.owue.water.ca.gov/docs/wuco1s00 37 Appendix G: Irrigation Plan Checklist This is a voluntary compliance tool template developed by the Irrigation Association. Please complete the following checklist by checking all appropriate categories under APPLICANT column, indicating compliance with these content requirements. All submitted plans shall contain the following information: LANDSCAPE PLAN NUMBER: NAME OF PROJECT: Applicant Planner [ ] 1. Prevailing winds [ ] [ ] 2. Slope aspect and degree of slope [ ] [ ] 3. Soil type and infiltration rate [ ] [ ] 4. Vegetation type [ ] [ ] 5. Microclimates [ ] [ ] 6. Expansive or hazardous soil conditions [ ] [ ] 7. Water harvesting potential [ ] [ ] 8. Available water supply, including non -potable and recycled water [ ] All pertinent system information is indicated, including: [ ] 9. Irrigation zones substantially corresponding to hydrozones on the landscape [ ] plan and labeled by precipitation rates and method of application [ ] 10. Water meters [ ] [ ] 11. Tap -in location [ ] [ ] 12. Static water pressure at the point of connection [ ] [ ] 13. System controller [ ] [ ] 14. Rain sensor/shut-off device [ ] [ ] 15. Backflow preventers [ ] [ ] 16. Shut-off valves and zone control valves [ ] [ ] 17. Main line and lateral piping [ ] [ ] 18. Sprinkler heads [ ] [ ] 19. Bubblers and drip irrigation tubing runs [ ] [ ] 20. Type and size of main irrigation system components [ ] [ ] 21. Total required operating pressure for each control valve/zone [ ] [ ] 22. Graphic depiction of the locations of irrigation system components [ ] [ ] 23. Total required operating pressure for each control valve/zone [ ] [ ] 24. Any supplemental stormwater and/or runoff harvesting [ ] System design is in conformance with the following standards: [ ] 25. Certification of Professional Qualifications, attached [ ] [ ] 26. Pedestrian surfaces located on plan [ ] [ ] 27. Equipment installed flush with grade for safety [ ] [ ] 28. Compliance with local codes [ ] [ ] 29. Overspray onto impervious areas minimized [ ] 38 Appendix H: Inspection Affidavit This is a voluntary compliance tool template developed by the Irrigation Association, IRRIGATION INSPECTION AFFIDAVIT (To be submitted in conformance with Code Section 309.C) Irrigation Plan File No: Marne of Project: Irrigation Plan Designer: Inspector: Date(s) of inspection: This project was inspected within the limits of customary access for compliance with the approved irrigation ,plan on file in City Planning. At least two (2) inspections were conducted. The findings are as follows: (Check tine) Yes No A. Inspection during construction to check mainline in open trench: 1. Location of main line conforms to as -built plan 2. Size of main line conforms to pian 3. Depth of main line conforms to plan- , a. Main rine condition Is undamaged - 9. Main line pressure tested with water and meter to c visible leaks 6, Specific observations attached if needed B. inspection after completion of system Installationpn eesodding: 1, Settling along trenches Is absent 2. System components (i.e., controller, everter, rain etc.) Installed' as specified 3. Rotary heads pressure tested A. System activated for abs on of comptl 6. Landscape compon king app. 6. Each station co Ith deslg -built pla _ T Matched prec. n rates provl y bane 8.. As -bunt plan pro own 9, Specif' -,rvatlons . nee I her I. Ilfied It this Irrigation inspection affidavit based on the qualification indicated C Irrigation Designs fled h rrigatldn Association, indicate year of eertMention State: Licensed No. State Agene _ e No. I ) Name (PRINT) signature Date 39 Agenda # s .1 Meeting Date Dec. 15, 2015 CITY COUNCIL AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Man TITLE: City Council Appointments RECOMMENDATION: Appoint and Adopt. FINANCIAL SUMMARY: No Fiscal Impact. BACKGROUND: On a yearly basis following the reorganization of the City Council, the newly selected Mayor has the opportunity to appoint Council Members to serve as delegates and alternates to the local and regional organizations of which the City is a member. In addition, the City Council has created various standing committees and ad-hoc committees which require appointments. In addition, pursuant to the bylaws of the San Gabriel Valley Council of Governments (SGVCOG), a resolution must be adopted to formalize the Mayor's new appointments to the SGVCOG. Resolution No. 2015 -XX is attached confirming the appointments as required and will be sent to the SGVCOG. PRARED3�(: /,Y% REVIEWED Y: To mye ribbins, City Clerk Ryan Lan, Deputy City Manager Attachment: Organization list Resolution No. 2015 -XX RESOLUTION NO. 2015 -XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR CONFIRMING THE APPOINTMENT OF SPECIFIC REPRESENTATIVES TO THE SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS A. RECITALS WHEREAS, the City of Diamond Bar has executed the San Gabriel Valley Council of Governments Joint Powers Agreement; and WHEREAS, the Joint Powers Agreement for the San Gabriel Valley Council of Governments requires each member city to appoint a Delegate Government Board Representative and an Alternate Governing Board Representative to represent the City in conducting the affairs of the San Gabriel Valley Council of Governments; and WHEREAS, has been designated to serve as the "delegate" from the City to serve as the Governing Board Representative with the San Gabriel Valley Council of Governments; and WHEREAS, _ "alternate" Governing Governments. B. RESOLUTION. has been designated to serve as the Board Representative to the San Gabriel Valley Council of NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That the City Council of the City of Diamond Bar appoints to serve as the City of Diamond Bar's delegate to the Governing Board of the San Gabriel Valley Council of Governments. SECTION 2. That the City Council of the City of Diamond Bar appoints the Governing to serve as the City of Diamond Bar's alternate delegate to Board of the San Gabriel Valley Council of Governments. SECTION 3. That the individuals designated in this resolution serve until replaced by resolution or until they become ineligible pursuant to the terms of the Joint Powers Agreement of the San Gabriel Valley Council of Governments. SECTION 4. That the City Clerk shall certify the adoption of this resolution. SECTION 5. That a certified copy of the resolution be circulated to the San Gabriel Valley Council of Governments. PASSED, APPROVED AND ADOPTED THIS 15th Day of December, 2015. Nancy A. Lyons, Mayor I, Tommye Cribbins, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at a regular meeting of the City Council of the City of Diamond Bar held on the 15th day of December, 2015, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: Tommye Cribbins, City Clerk CITY COUNCIL APPOINTMENTS Effective COMMITTEE DELEGATE/ALTERNATE Tye/Lin California Contract Cities Association (Board of Directors membership— CCCA bylaws specify that voting delegate and alternate needs to be any City elected official) Sam Olivito, Exec. Dir., 11027 Downey Ave., Downey, CA 90241, 562-622-5533, FAX 562-622- 9555. Meets 3rd Wednesday of each month at 6:30 p.m. (social hour), 7:30 p.m., dinner, various restaurant locations of host City. Reservations required. (Board of Directors membership —Delegate and alternate must be elected officials) Foothill Transit Board Herrera/Lyons Doran Barnes, Exec. Dir., 100 S. Vincent Ave., Suite 200, West Covina, CA 91790, 626-931-7300, FAX 626-915-1143 Meets last Friday of each month at 8:00 a.m. at above address. Four -Corners Transportation Policy Group Herrera/Lin Carol Herrera, City of Diamond Bar, Chairman - Meets as needed. Greater Los Angeles County Vector Control District Tye/Low (Appointment of Trustee — does not have to be an elected official. Appointment is for 2 -year term) 12545 Florence Ave., Santa Fe Springs, CA 90670, 562-944-9656, FAX 562-944-7976 Meets 2nd Thursday at address above at 7:00 p.m. Joint Powers Insurance Authority Tye/Lyons (Board of Directors membership—Delegate mustbe.any elected official appointed by the Mayor. Alternate may be elected official or staff member) Jon Shull, Executive Director, 8081 Moody St., La Palma, CA 90623, 800-229-2343, FAX 562- 860-4992 General Board Committee meets annually each July - location to be announced. Rev. December 9, 2015 L.A. County Sanitation District No. 21 Lyons/Tye (Board of Directors Membership—Mayor is automatically delegate perHealth & Safety Code Sec. 4730.1. Alternate is required to be an elected official whose appointment is confirmed by City Council action) Grace Hyde, Chief Engineer & General Manager, 1955 Workman Mill Rd., Whittier CA 90607-4998 Mailing: P.O. Box 4998, Whittier CA 90607-4998, 562-699-7411 x1500, FAX 562-695-8660 Meets 4th Wednesday of each month at 1:30 p.m. at District Office. L.A. County City Selection Committee Lyons/Lin (Board of Directors membership - Mayor and Mayor Pro Tem are automatically designated as Delegate and Alternate, respectivel)) Patrick Ogawa, Acting Executive Officer, Board of Supervisors, Kenneth Hahn Hall of Administration, 500 W. Temple St., Room 383, Los Angeles, CA 90012, 213-974-1401, FAX 213- 620-0636 Meets: Afterthe League of California Cities - L.A. County Division Meeting - (Approx. 8:30 p.m.) League of California Cities - L.A. County Division Lin/Lyons (Board of Directors membership—Delegate and alternate must be elected officials. Mayor does not have to be appointed) Jennifer Quan, P.O. Box 1444, Monrovia, CA 91017, 626-786-5142, FAX 626-460-8034 Meets 1stThursday of each month at 6:30 p.m. at various locations. San Gabriel Valley Council of Governments Lyons/Herrera (Board of Directors membership — Delegate and alternate must be elected officials. Adoption of a resolution confirming the appointment is usually made at the next City Council meeting) Phil Hawkey, Executive Director, 1000 S. Fremont Ave., Unit 42, Building A-1 ON, Suite 10-210, Alhambra, CA 91803, 626-457-1800, FAX 626-457-1285 sgv(o)sgvcoq.orq. Meets 3rd Thursday of each month at 6:00 p.m District Offices, 602 E. Huntington Dr., Suite B, p.m. Rev. December 9, 2015 at Upper San Gabriel Valley Municipal Water Monrovia, CA 91016. Executive Session 5:00 Southern California Association of Governments (SCAG) Lyons/Low (Board of Directors membership — Delegate and alternate must be elected officials but there is no requirement that delegate be the Mayor) (Appointment to SCAG District 37 is not contingent on appointment as delegate or alternate by the City) Main Office, 818 W. 7th St., 12th Floor, Los Angeles, CA 90017, 213-236-1800, FAX 213-236 1816 General Assembly meets annually each March - location to be announced. Tres Hermanos Conservation Authority Herrera/Low c/o City of Chino Hills, Michael Fleager, Executive Director (Board of Directors Membership — Council may appoint anyone) Wildlife Corridor Conservation Authority (WCCA) Low/Lin (Board of Directors Membership — Council may appoint anyone) Joseph Edmiston, Executive Director, Contact Judi Tamasi 5810 Ramirez Canyon Rd., Malibu, CA 90265, 310-589-3230 x121, FAX 310-589-3237 Wildlife Corridor Conservation Authority Advisory Appointed by Council for 2 years. Terms expire —David De Mers July 2010 — terms expire in July of even numbered years). CITY COUNCIL STANDING COMMITTEES Economic Development (Meets quarterly) Neighborhood Improvement (Meets quarterly) Public Safety Committee (Mayor and Mayor Pro Tem meets quarterly) City Council Goals/City Manager Evaluation Industry East Development Advisory Committee Legislative LLAD Council Sub -Committee Sphere of Influence/Annexation City Audit Committee Rev. December 9. 2015 De Mers/Fraga Lyons/Herrera Lyons/Lin Lyons/Lin Lyons/Lin Herrera/Lin Low/Tye Herrera/Lin Herrera/Low Lyons/Lin CITY COUNCIL LIAISON Chamber of Commerce Lyons/Lin D.B. Community Foundation Low/Lin Library Lyons/Low PUSD/City Lin/Low Senior Citizen Tye/Lyons WVUSD/City Herrera/Tye Rev. December 9, 2015 CITY COUNCIL Agenda # 8.2 Meeting Date: December 15, 2015 AGENDA REPORT TO: Honorable Mayor and Members of the City Council FROM: James DeStefano, City Mang TITLE: Resolution No. 2015 -XX: Authorizing the City Manager to Enter into an Agreement for Other Post Employment Benefits (OPEB) Trust Administration and Investment Management Services with California Public Employees Retirement System (CaIPERS) and Approve Delegation of Authority to Request Disbursements for Qualified OPEB expenses. RECOMMENDATION: M. FINANCIAL IMPACT: CalPERS will charge 0.10% for all assets under management. BACKGROUND/DISCUSSION: In 2004, the Governmental Accounting Standards Board (GASB) issued Statement No. 45 which established standards for measurement, recognition and display of OPEB expenditures and related liabilities, note disclosures and required supplementary information in the financial statements of state and local government employers. For most employers, including the City, the only significant OPEB liability is for retiree health insurance coverage. Historically, the City has adopted the "pay -go" method of funding its retiree healthcare costs. This method pays only the health insurance premiums for its retirees as they are incurred. Each year, in addition to incurring these costs, the City is also accruing an increasing liability referred to as the Annual Required Contribution or the "ARC". The ARC is comprised of the present value of future benefits accruing in the current year plus the amortization of the unfunded accrued liability. Because the City has not funded this liability in the past, it continues to grow. The City contracts with CalPERS for its healthcare coverage. This program is referred to as The Public Employees' Medical and Hospital Care Act or "PEMCHA". The City provides the minimum employer health premium contribution of $122 (in 2015) for each retiree. Currently the City has 5 retirees receiving the PEMCHA minimum. As the workforce ages, the number of retirees will increase and the liability will also continue to increase. In the most recent actuarial valuation, which is dated 7/1/2014, the total actuarial liability is $1,059,028 of which $596,261 is related to past service liability. During the budget workshops in the spring of this year, Council directed staff to set aside the $596,261 in order to fund the City's OPEB liability. This was in anticipation of entering into an agreement with a firm specializing in OPEB trust administration. California Government Code Sections 53620 et seq. provide a mechanism for local agencies to create an irrevocable trust specifically designated for the payment of employee retiree health benefits. The trust's assets may be invested in higher yielding investments than are allowed by the California Government Code that governs City investment policies. This option presents the most financially and actuarially favorable approach for several reasons. This includes ensuring adequate funding for the City's retiree health obligations, providing for a reduction in the City's unfunded OPEB liability and over the long term and it lowers the annual ongoing operating costs of the retiree health program. By establishing an irrevocable trust, the City would permanently set aside funds for the sole purpose of funding its OPEB liability. Over the long term, having these assets in a trust and earning a higher rate of return will help lower the annual ongoing operating costs of the retiree health program. Establishing a trust will allow retiree health care commitments to be paid from trust assets which will take the burden off of the General Fund. On October 15, 2015 the City sent out a Request for Proposal to five firms known to have an expertise in OPEB trust administration and investment management. By the November 5, 2015 deadline for submissions, the City received two (2) packages from qualified firms in response to the RFP from the following firms: 1. California Public Employees Retirement System (CaIPERS) 2. Public Agency Retirement Services (PARS) Based on a meeting with the City's Audit Committee coupled with staffs further research, it is recommended that an irrevocable OPEB trust be established with the CaIPERS California Employers' Retiree Benefit Trust (CERBT). CaIPERS is the largest public employee retirement fund in the United States. Currently CaIPERS manages about $300 billion in investments. Through decades of successful operation, it has established an international reputation for prudent investment and system management. CERBT began operations in 2007 and presently about 466 public agencies are prefunding their OPEB liabilities through CERBT, with the majority of employers investing $5 million or less in the trust. CERBT has approximately $4.6 billion of employer assets under management. Other advantages of the CERBT is that they are a full service OPEB trust provider in that they manage the investment policy which is approved by the CaIPERS Board, the financial reporting is compliant with governmental accounting standards (GASB 43/45), they can offer an economy of scale benefit when investing funds because of CalPERS size/reputation and they provide for the lowest cost to administer the trust. Other benefits to contracting with CERBT for its OPEB trust is that the CalPERS Board also accepts investment fiduciary responsibility which takes that burden off of the City. There is also oversight by an independent external investment consultant, the CFO and CaIPERS Office of Enterprise Risk Management. Finally, CERBT does not profit from the City's investment in the trust. The CERBT allows the City to retain control of important components of the trust. The City will control the funding policy of the CERBT. There are no minimum deposit requirements so if the City has a period where it is not feasible to make a contribution to the CERBT, it is not required. The City also has the ability to decide the asset allocation strategy. There are three asset allocation strategies based on the level of risk/return the City desires. It is recommended that the City Council approve Resolution No. 2015 -XX adopting CalPERS CERBT to administer the City's irrevocable OPEB trust and approve the delegation of authority to request disbursements for qualified OPEB expenses. Dianna Honeywell - Finance 0jrector Attachments: 1. Resolution No. 2015 -XX Adopting CalPERS CERBT 2. CalPERS CERBT Agreement 3. Delegation of Authority To Request Disbursements UNIF L rT'iLMIT&I RESOLUTION NO. 2015 -XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT FOR OTHER POST - EMPLOYMENT BENEFITS (OPEB) TRUST ADMINISTRATION AND INVEMENTMENT MANAGEMENT SERVICES WITH CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYSTEM (CALPERS) AND APPROVE DELEGATION OF AUTHORITY TO REQUEST DISBURSEMENTS FOR QUALIFIED OPEB EXPENES A. RECITALS WHEREAS, the City provides medical benefits to retirees know as Other Post Employment Benefits (OPEB) and currently funds its OPEB expenses on < "pay-as-you-go" basis; and WHEREAS, it is determined that it is in the best interest of the City of Diamond Bar (the "City') and its retirees to set aside funds for OPEB in an irrevocable trust dedicated to paying the expenses of OPEB and to ensure that such funds are invested in a prudent manner; and WHEREAS, the California Public Employee's Retirement System (CalPERS) has established the California Employers' Retiree Benefit Trust (CERBT) to manage OPEB funds for public agencies. B. RESOLUTION. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That the City Council of the City of Diamond Bar hereby approves the CERBT Agreement and Election of the City of Diamond Bar To Prefund Other Post Employment Benefits through CalPERS ("Agreement") set forth in Attachment 2. SECTION 2. That the City Council of the City of Diamond Bar hereby authorizes the City Manager, or his or her designee, to execute all documents to facilitate the funding, investment management and administration of the City's Other Post Employment Benefits (OPEB). SECTION 3. That the City Council of the City of Diamond Bar hereby delegates the City Manager, or his or her designee, authority to request on behalf of the City disbursements from the OPEB Trust as needed for expenses, and to certify as to the purpose for which the disbursed funds will be used. PASSED, APPROVED AND ADOPTED THIS 15th Day of December, 2015. Nancy A. Lyons, Mayor I, Tommye Cribbins, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at a regular meeting of the City Council of the City of Diamond Bar held on the 15th day of December, 2015, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: rommye Cribbins, City Clerk Attachment 2 CALIFORNIA EMPLOYERS' RETIREE BENEFIT TRUST PROGRAM ("CERBT") AGREEMENT AND ELECTION OF CITY OF DIAMOND BAR (NAME OF EMPLOYER) TO PREFUND OTHER POST EMPLOYMENT BENEFITS THROUGH CaIPERS WHEREAS (1) Government Code Section 22940 establishes in the State Treasury the Annuitants' Health Care Coverage Fund for the prefunding of health care coverage for annuitants (Prefunding Plan); and WHEREAS (2) The California Public Employees' Retirement System (CaIPERS) Board of Administration (Board) has sole and exclusive control and power over the administration and investment of the Prefunding Plan (sometimes also referred to as CERBT), the purposes of which include, but are not limited to (i) receiving contributions from participating employers and establishing separate Employer Prefunding Accounts in the Prefunding Plan for the performance of an essential governmental function (ii) investing contributed amounts and income thereon, if any, in order to receive yield on the funds and (iii) disbursing contributed amounts and income thereon, if any, to pay for costs of administration of the Prefunding Plan and to pay for health care costs or other post employment benefits in accordance with the terms of participating employers' plans; and WHEREAS (3) CITY OF DIAMOND BAR (NAME OF EMPLOYER) (Employer) desires to participate in the Prefunding Plan upon the terms and conditions set by the Board and as set forth herein; and WHEREAS (4) Employer may participate in the Prefunding Plan upon (i) approval by the Board and (ii) filing a duly adopted and executed Agreement and Election to Prefund Other Post Employment Benefits (Agreement) as provided in the terms and conditions of the Agreement; and WHEREAS (5) The Prefunding Plan is a trust fund that is intended to perform an essential governmental function within the meaning of Section 115 of the Internal Revenue Code as an agent multiple -employer plan as defined in Governmental Accounting Standards Board (GASB) Statement No. 43 consisting of an aggregation of single -employer plans, with pooled administrative and investment functions; Rev 9/3/2013 NOW, THEREFORE, BE IT RESOLVED THAT EMPLOYER HEREBY MAKES THE FOLLOWING REPRESENTATION AND WARRANTY AND THAT THE BOARD AND EMPLOYER AGREE TO THE FOLLOWING TERMS AND CONDITIONS: A. Representation and Warranty Employer represents and warrants that it is a political subdivision of the State of California or an entity whose income is excluded from gross income under Section 115 (1) of the Internal Revenue Code. B. Adoption and Approval of the Agreement; Effective Date; Amendment (1) Employer's governing body shall elect to participate in the Prefunding Plan by adopting this Agreement and filing with the CalPERS Board a true and correct original or certified copy of this Agreement as follows: Filing by mail, send to: CalPERS Affiliate Program Services Division CERBT (OPEB) P.O. Box 1494 Sacramento, CA 95812-1494 Filing in person, deliver to: CaIPERS Mailroom Affiliate Program Services Division CERBT (OPEB) 400 Q Street Sacramento, CA 95811 (2) Upon receipt of the executed Agreement, and after approval by the Board, the Board shall fix an effective date and shall promptly notify Employer of the effective date of the Agreement. (3) The terms of this Agreement may be amended only in writing upon the agreement of both CalPERS and Employer, except as otherwise provided herein. Any such amendment or modification to this Agreement shall be adopted and executed in the same manner as required for the Agreement. Upon receipt of the executed amendment or modification, the Board shall fix the effective date of the amendment or modification. (4) The Board shall institute such procedures and processes as it deems necessary to administer the Prefunding Plan, to carry out the purposes of this Agreement, and to maintain the tax exempt status of the Prefunding Plan. Employer agrees to follow such procedures and processes. Rev 9/3/2013 C. Other Post Employment Benefits (OPEB) Cost Reports and Employer Contributions (1) Employer shall provide to the Board an OPEB cost report on the basis of the actuarial assumptions and methods prescribed by the Board. Such report shall be for the Board's use in financial reporting, and shall be prepared at least as often as the minimum frequency required by GASB 43. This OPEB cost report may be prepared as an actuarial valuation report or, if the employer is qualified under GASB 45 and 57, may F9— prepare as an altamati`Fe hA,- uram�nt Mea hod IAMMI Snort. e:-av' - Mel all r H (a) Unless qualified under GASB 45 and 57 to provide an AMM report, Employer shall provide to the Board an actuarial valuation report. Such report shall be for the Board's use in financial reporting, and shall be prepared at least as often as the minimum frequency required by GASB 43 and 57, and shall be: 1) prepared and signed by a Fellow or Associate of the Society of Actuaries who is also a Member of the American Academy of Actuaries or a person with equivalent qualifications acceptable to the Board; 2) prepared in accordance with generally accepted actuarial practice and GASB 43, 45 and 57; and, 3) provided to the Board prior to the Board's acceptance of contributions for the valuation period or as otherwise required by the Board. (b) If qualified under GASB 45 and 57, Employer may provide to the Board an AMM report. Such report shall be for the Board's use in financial reporting, shall be prepared at least as often as the minimum frequency required by GASB 43 and 57, and shall be: 1 } affirmed by Employer's external auditor, or by a Fellow or Associate of the Society of Actuaries who is also a Member of the American Academy of Actuaries or a person with equivalent qualifications acceptable to the Board, to be consistent with the AMM process described in GASB 45; 2) prepared in accordance with GASB 43, 45, and 57; and, 3) provided to the Board prior to the Board's acceptance of contributions for the valuation period or as otherwise required by the Board. (2) The Board may reject any OPEB cost report submitted to it, but shall not unreasonably do so. In the event that the Board determines, in its sole discretion, that the OPEB cost report is not suitable for use in the Board's financial statements or if Employer fails to provide a required OPEB cost report, the Board may obtain, at Rev 9/3/2013 3 Employer's expense, an OPEB cost report that meets the Board's financial reporting needs. The Board may recover from Employer the cost of obtaining such OPEB cost report by billing and collecting from Employer or by deducting the amount from Employer's account in the Prefunding Plan. (3) Employer shall notify the Board of the amount and time of contributions which contributions shall be made in the manner established by the Board. (4) Employer contributions to the Prefunding Plan may be limited to the amount necessary to fully fund Employer's actuarial present value of total projected benefits, as supported by the OPEB cost report acceptable to the Board. As used throughout this document, the meaning of the term "actuarial present value of total projected benefits" is as defined in GASB Statement No. 45. If Employer's contribution causes its assets in the Prefunding Plan to exceed the amount required to fully fund the actuarial present value of total projected benefits, the Board may refuse to accept the contribution. (5) No contributions are required. If an employer elects to contribute then the contribution amount should not be less than $5000 or the employer's annual required contribution (ARC), whichever amount is lower. Contributions can be made at any time following the seventh day after the effective date of the Agreement provided that Employer has first complied with the requirements of Paragraph C. D. Administration of Accounts, Investments, Allocation of Income (1) The Board has established the Prefunding Plan as an agent plan consisting of an aggregation of single -employer plans, with pooled administrative and investment functions, under the terms of which separate accounts will be maintained for each employer so that Employer's assets will provide benefits only under employer's plan. (2) All Employer contributions and assets attributable to Employer contributions shall be separately accounted for in the Prefunding Plan (Employer's Prefunding Account). (3) Employer's Prefunding Account assets may be aggregated with prefunding account assets of other employers and may be co -invested by the Board in any asset classes appropriate for a Section 115 Trust. (4) The Board may deduct the costs of administration of the Prefunding Plan from the investment income or Employer's Prefunding Account in a manner determined by the Board. (5) Investment income shall be allocated among employers and posted to Employer's Prefunding Account as determined by the Board but no less frequently than annually. (6) If Employer's assets in the Prefunding Plan exceed the amount required to fully fund the actuarial present value of total projected benefits, the Board, in compliance with applicable accounting and legal requirements, may return such excess to Employer. Rev 9/3/2013 4 E. Reports and Statements (1) Employer shall submit with each contribution a contribution report in the form and containing the information prescribed by the Board. (2) The Board shall prepare and provide a statement of Employer's Prefunding Account at least annually reflecting the balance in Employer's Prefunding Account, contributions ""J �, %'n f �rir,ti in^rvme 211n „a r1 E�rir-n ±hc r-r,A •! _,,, oth"r f1iu u Ino .he p ,. and 1 _ a. occ�i€d - g e p ¢vU, an-' c ^h information as the Board determines. F. Disbursements (1) Employer may receive disbursements not to exceed the annual premium and other costs of post employment healthcare benefits and other post employment benefits as defined in GASB 43. (2) Employer shall notify CaIPERS in writing in the manner specified by CalPERS of the persons authorized to request disbursements from the Prefunding Plan on behalf of Employer. (3) Employer's request for disbursement shall be in writing signed by Employer's authorized representative, in accordance with procedures established by the Board. The Board may require that Employer certify or otherwise establish that the monies will be used for the purposes of the Prefunding Plan. (4) Requests for disbursements that satisfy the requirements of paragraphs (2) and (3) will be processed monthly. (5) CaIPERS shall not be liable for amounts disbursed in error if it has acted upon the written instruction of an individual authorized by Employer to request disbursements. In the event of any other erroneous disbursement, the extent of CaIPERS' liability shall be the actual dollar amount of the disbursement, plus interest at the actual earnings rate but not less than zero. (6) No disbursement shall be made from the Prefunding Plan which exceeds the balance in Employer's Prefunding Account. G. Costs of Administration Employer shall pay its share of the costs of administration of the Prefunding Plan, as determined by the Board. H. Termination of Employer Participation in Prefunding Plan (1) The Board may terminate Employer's participation in the Prefunding Plan if: Rev 9/3/2013 (a) Employer gives written notice to the Board of its election to terminate; (b) The Board finds that Employer fails to satisfy the terms and conditions of this Agreement or of the Board's rules or regulations. (2) If Employer's participation in the Prefunding Plan terminates for any of the foregoing , .e.€Pre.oirealuns, all �ef in EmIne 's r zu�nnrcoupt sh ti r ^an in �^ fHng Plan, except as otherwise provided below, and shall continue to be invested and accrue income as provided in Paragraph D. (3) After Employer's participation in the Prefunding Plan terminates, Employer may not make contributions to the Prefunding Plan. (4) After Employer's participation in the Prefunding Plan terminates, disbursements from Employer's Prefunding Account may continue upon Employer's instruction or otherwise in accordance with the terms of this Agreement. (5) After the Employer's participation in the Prefunding Plan terminates, the governing body of the Employer may request either: (a) A trustee to trustee transfer of the assets in Employer's Prefunding Account; provided that the Board shall have no obligation to make such transfer unless the Board determines that the transfer will satisfy applicable requirements of the Internal Revenue Code, other law and accounting standards, and the Board's fiduciary duties. If the Board determines that the transfer will satisfy these requirements, the Board shall then have one hundred fifty (150) days from the date of such determination to effect the transfer. The amount to be transferred shall be the amount in the Employer's Prefunding Account as of the date of the transfer (the "transfer date") and shall include investment earnings up to an investment earnings allocation date preceding the transfer date. In no event shall the investment earnings allocation date precede the transfer date by more than 150 days. (b) A disbursement of the assets in Employer's Prefunding Account; provided that the Board shall have no obligation to make such disbursement unless the Board determines that, in compliance with the Internal Revenue Code, other law and accounting standards, and the Board's fiduciary duties, all of Employer's obligations for payment of post -employment health care benefits and other post -employment benefits and reasonable administrative costs of the Board have been satisfied. If the Board determines that the disbursement will satisfy these requirements, the Board shall then have one hundred fifty (150) days from the date of such determination to effect the disbursement. The amount to be disbursed shall be the amount in the Employer's Prefunding Account as of the date of the disbursement (the "disbursement date") and shall include investment earnings up to an investment earnings allocation date Rev 9/3/2013 preceding the disbursement date. In no event shall the investment earnings allocation date precede the disbursement date by more than 150 days. (6) After Employer's participation in the Prefunding Plan terminates and at such time that no assets remain in Employer's Prefunding Account, this Agreement shall terminate. (7) If, for any reason, the Board terminates the Prefunding Plan, the assets in Employer's Prefunding Account shall be paid to Employer after retention of (i) amounts sufficient to pay post employment health care benefits and other post employment benefits to annuitants for current and future annuitants described by the employer's current substantive plan (as defined in GASB 43), and (ii) amounts sufficient to pay reasonable administrative costs of the Board. (8) If Employer ceases to exist but Employer's Prefunding Plan continues to exist and if no provision has been made by Employer for ongoing payments to pay post employment health care benefits and other post employment benefits to annuitants for current and future annuitants, the Board is authorized to and shall appoint a third party administrator to carry out Employer's Prefunding Plan. Any and all costs associated with such appointment shall be paid from the assets attributable to contributions by Employer. (9) If Employer should breach the representation and warranty set forth in Paragraph A., the Board shall take whatever action it deems necessary to preserve the tax-exempt status of the Prefunding Plan. I. General Provisions (1) Books and Records. Employer shall keep accurate books and records connected with the performance of this Agreement. Employer shall ensure that books and records of subcontractors, suppliers, and other providers shall also be accurately maintained. Such books and records shall be kept in a secure location at the Employer's office(s) and shall be available for inspection and copying by CalPERS and its representatives. (2) Audit. (a) During and for three years after the term of this Agreement, Employer shall permit the Bureau of State Audits, CaIPERS, and its authorized representatives, and such consultants and specialists as needed, at all reasonable times during normal business hours to inspect and copy, at the expense of CaIPERS, books and records of Employer relating to its performance of this Agreement. (b)Employer shall be subject to examination and audit by the Bureau of State Audits, CaIPERS, and its authorized representatives, and such Rev 9/3/2013 7 consultants and specialists as needed, during the term of this Agreement and for three years after final payment under this Agreement. Any examination or audit shall be confined to those matters connected with the performance of this Agreement, including, but not limited to, the costs of administering this Agreement. Employer shall cooperate fully with the Bureau of.State Audits, CalPERS, and its authorized representatives, and such consultants and specialists as needed, in connection with any examination or audit. All adjustments, payments, and/or reimbursements determined to be necessary by any examination or audit shall be made promptly by the appropriate party. (3) Notice. (a) Any notice, approval, or other communication required or permitted under this Agreement will be given in the English language and will be deemed received as follows: Personal delivery. When personally delivered to the recipient. Notice is effective on delivery. First Class Mail. When mailed first class to the last address of the recipient known to the party giving notice. Notice is effective three delivery days after deposit in a United States Postal Service office or mailbox. 3. Certified mail. When mailed certified mail, return receipt requested Notice is effective on receipt, if delivery is confirmed by a return receipt. Overnight Delivery. When delivered by an overnight delivery service, charges prepaid or charged to the sender's account, Notice is effective on delivery, if delivery is confirmed by the delivery service. Telex or Facsimile Transmission. When sent by telex or fax to the last telex or fax number of the recipient known to the parry giving notice. Notice is effective on receipt, provided that (i) a duplicate copy of the notice is promptly given by first-class or certified mail or by overnight delivery, or (ii) the receiving party delivers a written confirmation of receipt. Any notice given by telex or fax shall be deemed received on the next business day if it is received after 5:00 p.m. (recipient's time) or on a nonbusiness day. 6. E-mail transmission. When sent by e-mail using software that provides unmodifiable proof (i) that the message was sent, (ii) that the message was delivered to the recipient's information processing system, and (iii) of the time and date the message was delivered to Rev 9/3/2013 the recipient along with a verifiable electronic record of the exact content of the message sent. Addresses for the purpose of giving notice are as shown in Paragraph B.(1) of this Agreement. (hl n \� �.eV' "Il"li.I ,! v1E..:IIIG�.,; y^re:i,. ^l undeliverable because of an act or omission of the party to be notified shall be deemed effective as of the first date that said notice was refused, unclaimed, or deemed undeliverable by the postal authorities, messenger or overnight delivery service. (c) Any party may change its address, telex, fax number, or e-mail address by giving the other party notice of the change in any manner permitted by this Agreement. (d) All notices, requests, demands, amendments, modifications or other communications under this Agreement shall be in writing. Notice shall be sufficient for all such purposes if personally delivered, sent by first class, registered or certified mail, return receipt requested, delivery by courier with receipt of delivery, facsimile transmission with written confirmation of receipt by recipient, or e-mail delivery with verifiable and unmodifiable proof of content and time and date of sending by sender and delivery to recipient. Notice is effective on confirmed receipt by recipient or 3 business days after sending, whichever is sooner. (4) Modification This Agreement may be supplemented, amended, or modified only by the mutual agreement of the parties. No supplement, amendment, or modification of this Agreement shall be binding unless it is in writing and signed by the party to be charged. (5) Survival All representations, warranties, and covenants contained in this Agreement, or in any instrument, certificate, exhibit, or other writing intended by the parties to be a part of their Agreement shall survive the termination of this Agreement until such time as all amounts in Employer's Prefunding Account have been disbursed. (6) Waiver No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right, or remedy. No waiver of any breach, failure, right, or remedy shall be deemed a waiver of any other breach, failure, right, or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. Rev 9/3/2013 9 (7) Necessary Acts, Further Assurances The parties shall at their own cost and expense execute and deliver such further documents and instruments and shall take such other actions as may be reasonably required or appropriate to evidence or carry out the intent and purposes of this Agreement. A majority vote of Employer's Governing Body at a public meeting held on the 15th day of the month of December into this Agreement. Signature of the Presiding Officer: in the year 2015 , authorized entering Printed Name of the Presiding Officer: Nancy A Name of Governing Body: city council Name of Employer: city of Diamond Bar Dater December 15, 2015 BOARD OF ADMINISTRATION CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM BY RAND ANDERSON AFFILIATE PROGRAM SERVICES DIVISION CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM To be completed by CalPERS The effective date of this Agreement is: Rev 9/3/2013 _ 10 DELEGATION OF AUTHORITY AA TO REQUEST DISBURSEMENTS CalPERS RESOLUTION OF THE CITY COUNCIL (GOVERNING BODY) OF THE CITY OF DIAMOND BAR (NAME OF EMPLOYER) Attachment 3 The City of Diamond Bar delegates to the incumbents (GOVERNING BODY) in the positions of City Manager, Deputy City Manager and (7TTLE} Finance Director and/or authority to request on behalf of the Employer disbursements from the Other Post Employment Prefunding Plan and to certify as to the purpose for which the disbursed funds will be used. z Title MAYOR Witness Date OPER Delegation of Authority (1113) VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO. CITU CLERK FROM :i i}'a vi.[e�l /.CpN>/A btu DATE: ADDRESS I �� �lAr-5 "C _...._ PHONE i!a- (Optional)_ (Optonal) ORGANIZATION'. CNELiS>�cY/ ��[jn"..+�pp£ l AGENDA#/SUBJECT: I expect to address the Council on the subject agenda/subject item_ Please have the Council Minutes reflect my name and address as written above. ) s'—gnal This document is a public record subject to disclosure under the Public Records Ad. "12A I Ir pfd VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM. /7/Aofled, DATE: ADDRESS'. PHONE: (Optional) (Opf opal — ORGANIZATION. AGENDA#/SUBJECT: I expect to address the Council on the subject agendalsubject item. Please have the Council Minutes reflect my name and address as written above. the USignnee This document is a public record subject to dtsdrea reunder the Public Records Act. I I I V 4 � M VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROMDATE-ts- ADDRESS. PHONE n—n donal) l (opuanalt ORGANIJATION. lA3mo�ut LIC r7 AGENDA#/SUBJECT: I expect to address the Council on the subject agenda/subject item_ Please have the Council Minutes reflect try name and address as written above. ✓i� Sigh This document is a public record subject to disclosure under [he Public Records Ac[