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062116 - Agenda - Regular Meeting
Tuesday, June 21, 2016 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 Mayor Carol Herrera Council Member Ruth M. Low Council Member Jimmy Lin Mayor Pro Tem Steve Tye 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.CityofDiamondBar.com Please refrain from smoking, eating or drinking in the Council Chambers. The City of Diamond Sar uses recycled paper and encourages you to do the same. DIAMOND BAR CITY COUNCIL MEETING RULES Welcome to the meeting of the Diamond Bar City Council. Meetings are open to the public and are broadcast live on Time -Warner Cable Channel 3 and Verizon ROS television Channel 47. You are invited to attend and participate. PUBLIC INPUT Members of the public may address the Council on any item of business on the agenda during the time the item is taken up by the Council. In addition, members of the public may, during the Public Comment period address the Council on any Consent Calendar item or any matter not on the agenda and within the Council's subject matter jurisdiction. Persons wishing to speak should submit a speaker slip to the City Clerk. Any material to be submitted to the City Council at the meeting should be submitted through the City Clerk. Speakers are limited to five minutes per agenda item, unless the Mayor determines otherwise. The Mayor may adjust this time limit depending on the number of people wishing to speak, the complexity of the matter, the length of the agenda, the hour and any other relevant consideration. Speakers may address the Council only once on an agenda item, except during public hearings, when the applicant/appellant may be afforded a rebuttal. Public comments must be directed to the City Council. Behavior that disrupts the orderly conduct of the meeting may result in the speaker being removed from the Council chambers. INFORMATION RELATING TO AGENDAS AND ACTIONS OF THE COUNCIL Agendas for regular City Council meetings are available 72 hours prior to the meeting and are posted in the City's regular posting locations, on DBTV Channel 3, Time -Warner Cable Channel 3, AOS television Channel 47 and on the City's website at www.ci.diamond-bar.ca.us. A full agenda packet is available for review during the meeting, in the foyer just outside the Council chambers. The City Council may take action on any item listed on the agenda. ACCOMMODATIONS FOR THE DISABLED A cordless microphone is available for those persons with mobility impairments who cannot access the podium in order to make a public comment. Sign language interpretation is available by providing the City Clerk three business days' notice in advance of a meeting. Please telephone (909) 839-7010 between 7:30 a.m. and 5:30 p.m. Monday through Thursday and 7:30 a.m. to 4:30 p.m. on Fridays. HELPFUL PHONE NUMBERS Copies of agendas, rules of the Council, CassetteNideo tapes of meetings: (909) 839-7010 Computer access to agendas: www.ci.diamond-bar.ca.us General information: (909) 839-7000 CITY OF DIAMOND BAR CITY COUNCIL AGENDA June 21, 2016 Next Resolution No. 2016-21 Next Ordinance No. 05(2016) CLOSED SESSION: 6:00 p.m., Room CC -8 Public Comments on Closed Session Agenda ► Conference with Real Property Negotiators pursuant to Government Code Section 54956.8. Property: A Portion of Assessor's Parcel Number 8719-007-922 and Old Brea Canyon Road. City Negotiator: James DeStefano, City Manager. Negotiating parties: City of Diamond Bar and City of Industry. Under negotiation: Price and terms of payment. CALL TO ORDER: PLEDGE OF ALLEGIANCE: INVOCATION: ROLL CALL: APPROVAL OF AGENDA: 6:30 p.m. Mayor Monsignor James Loughnane St. Denis Catholic Church Council Members Herrera, Low, Tye, Mayor Pro Tem Lin, Mayor Lyons Mayor 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. JUNE 21, 2016 PAGE 2 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 Presentation of City Tile to Bob Rose, Community Services Director upon his retirement from the City of Diamond Bar. 1.2 Proclaiming July, 2016 as Parks and Recreation Month. 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 voluntan/) 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 Concerts in the Park — June 22, 2016 — 6:30 p.m. - 8:00 p.m. — Upstream, (Caribbean), Sycamore Canyon Park, 22930 Golden Springs Drive. 5.2 Movies Under the Stars — Goosebumps - June 22, 2016 — Immediately following the Concert — Sycamore Canyon Park, 22930 Golden Springs Drive. 5.3 Parks and Recreation Commission Meeting — June 23, 2016 — 7:00 p.m., Windmill Community Room, 21810 Copley Drive. 5.4 Planning Commission Meeting — June 28, 2016 — 7:00 p.m., Windmill Community Room, 21810 Copley Drive. 5.5 Concerts in the Park — June 29, 2016 — 6:30 p.m. — 8:00 p.m. — Stone Soul (Soul) Sycamore Canyon Park, 22930 Golden Springs Drive. 5.6 Movies Under the Stars — Cinderella (2015) - June 29, 2016 — Immediately following the Concert — Sycamore Canyon Park, 22930 Golden Springs Drive. JUNE 21, 2016 PAGE 3 5.7 Independence Holiday — July 4, 2016 — City Offices will be Closed Monday, July 4, 2016. City Offices will re -open Tuesday, July 5, 2016 at 7:30 a.m. 5.8 4t" of July Blast — July 4, 2016 — 5:00 p.m. to 9:30 p.m. — Diamond Bar High School, 21400 Pathfinder Road. 5.9 City Council Meeting — July 5, 2016 — 6:30 p.m., AQMD/Government Center Auditorium, 21865 Copley Drive 5.10 Planning Commission Meeting — July 12, 2016 — 7:00 p.m., Windmill Community Room, 21810 Copley Drive. 5.11 Concerts in the Park — July 13, 2016 — 6:30 p.m. — 8:00 p.m. — Save by the Band (90s Pop/Rock) - Sycamore Canyon Park, 22930 Golden Springs Drive. 5.12 Movies Under the Stars — July 13, 2016 — Hotel Transylvania 2 - Immediately following the Concert — Sycamore Canyon Park, 22930 Golden Springs Drive. 5.13 Traffic and Transportation Commission — July 14, 2016 — 7:00 p.m., Windmill Community Room, 21810 Copley Drive. 5.14 City Council Meeting — July 19, 2016 — 7:00 p.m., AQMD/Government Center Auditorium, 21865 Copley Drive. 6. CONSENT CALENDAR: 6.1 Waive reading in full of all ordinances and resolutions and adopt the Consent Calendar. 6.2 City Council Minutes: (a) Study Session of June 7, 2016. (b) Regular Meeting of June 7, 2016. Recommended Action: Approve. Requested by: City Clerk 6.3 Traffic and Transportation Commission Minutes — May 12, 2016. Recommended Action: Receive and File. Requested by: Public Works Department JUNE 21, 2016 PAGE 4 6.4 Ratification of Check Register — Dated June 2, 2016 through June 15, 2016 totaling $1,633,765.77. Recommended Action: Ratify Requested by: Finance Department 6.5 Approval of a two-year Agreement (FY 2016-18) with On -Line Transcription Services in the Amount Not -to -Exceed $25,000 per year to Provide Minute Secretarial Services for the City Council, Commission and Committees. Recommended Action: Approve. Requested by: City Clerk 6.6 Approve Adjourning the City Council Meeting of July 5, 2016 to July 19, 2016. Recommended Action: Approve. Requested by: City Manager 6.7 Approval of a One -Year Consulting Services Agreement with Diana Cho and Associates for Community Development Block Grant (CDBG) Labor and Contract Compliance Services in the Amount of $20,284 for FY 2016-17. Recommended Action: Approve. Requested by: City Manager 6.8 Approve First Amendment to the Contract with R.F. Dickson Company, Inc., to Provide Street Sweeping Services and New Composting Program for a Not -to -Exceed Amount of $190,000. Recommended Action: Approve. Requested by: Public Works Department JUNE 21. 2016 PAGE 5 6.9 Approval of the Second Amendment to the Consulting Services Agreement with Sytech Solutions, Inc., Extending the Contract Term through June 30, 2017 at a Cost of $60,000 for a Total Not -to -Exceed Amount of $200,000. Recommended Action: Approve. Requested by: City Manager 6.10 (a) Award of Construction Administration Services Contract to Onward Engineering for the Diamond Bar Boulevard and Brea Canyon Road Intersection Enhancement Project, City Project No. 26315, in the Amount of $71,600, Plus a Contingency Amount of $7,100 for a Total Authorization of $78,700. Recommended Action: Award. (b) Adopt Resolution No. 2016 -XX: Approving Plans and Specifications and Establishing a Project Payment Account and Award of Contract for the Construction of Diamond Bar Boulevard/Brea Canyon Road Intersection Enhancement Project to Beador Construction Company Inc., in the Amount of $436,700; Plus a Contingency Amount of $43,670 for a Total Authorization of $480,370. Recommended Action: Adopt, Award and Authorize. (c) Approve Infrastructure and Payment Agreement with Lennar Homes of California Inc. for the Construction of Diamond Bar Boulevard/Brea Canyon Road Intersection Enhancement Project. Recommended Action: Approve. Requested by: Public Works Department 6.11 Approve First Amendment to the Consultant Services Agreement Authorizing SJC3 for Consulting Inc. to Administer the City's Home Improvement Program (HIP) for an Amount Not -to -Exceed $20,000 for FY 2016-17. Recommended Action: Approve. Requested by: Community Development Department JUNE 21, 2016 PAGE 6 6.12 Appropriate $12,000 of Prop C Fund Reserves to the FY 15-16 Capital Improvement Program Budget, Approve Contract Amendment No. 2 to the Construction Agreement with All American Asphalt Increasing the Total Contract Amount to $2,369,900 and Approve the Notice of Completion for the Construction of the Grand Avenue Beautification Project, Federal Project # HPLUL-5455(016). Recommended Action: Appropriate and Approve. Requested by: Public Works Department 6.13 Approval of Two -Year Agreement with Inland Valley Humane Society —SPCA (IVHS) to Provide Animal Care and Control Services Starting July 1, 2016, through June 30, 2018, in the Amount of $160,000 Annually, Plus a CPI Not -to -Exceed 5% Commencing FY 2017-18. Recommended Action: Approve. Requested by: City Manager 7. PUBLIC HEARINGS: 6:45 p.m., or as soon thereafter as matters may be heard. 7.1 Lighting and Landscape Districts 38, 39 and 41. (a) Adopt Resolution No. 2016 -XX: Levying an Assessment on Landscaping Assessment District No. 38 for Fiscal Year 2016-17. (b) Adopt Resolution No. 2016 -XX: Levying an Assessment on Landscaping Assessment District No. 39 for Fiscal Year 2016-17. (c) Adopt Resolution No. 2016 -XX: Levying an Assessment on Landscaping Assessment District No. 41 for Fiscal Year 2016-17. Recommended Action: Receive Staff's Presentation; Open the Public Hearing; Receive Testimony; Close the Public Hearing and Adopt (a) Resolution No. 2016 -XX (District 38); (b) Resolution No. 2016 -XX (District No. 39) and (c) Resolution No. 2016 -XX (District 41). Requested by: Public Works Department JUNE 21, 2016 PAGE 7 8. COUNCIL CONSIDERATION: 8.1 Award of Consulting Services Agreement with Dyett & Bhatia to Prepare the City's Comprehensive General Plan Update for a Not -to -Exceed Amount of $1,009,303. Recommended Action: Award. Requested by: Community Development Department 9. COUNCIL SUB -COMMITTEE REPORTS AND MEETING ATTENDANCE REPORTS/COUNCIL MEMBER COMMENTS: 10. ADJOURNMENT: Agenda No. 6.1 6.1 Waive reading in full of all ordinances and resolutions and adopt the Consent Calendar. There is no report for this agenda item. Agenda No. 6.2(a) CITY OF DIAMOND BAR @M)Tly CITY COUNCIL STUDY SESSION JUNE 7, 2016 STUDY SESSION: M/Lyons called the Study Session to order at 5:14 p.m. in Room CC -8 of the South Coast Air Quality Management District/Government Center, 21865 Copley Drive, Diamond Bar, CA 91765. Present: Council Members Carol Herrera, Ruth Low, Steve Tye, Mayor Pro Tem Jimmy Lin, and Mayor Nancy Lyons Staff Present: James DeStefano, City Manager; David DeBerry, City Attorney; Ryan McLean, Deputy City Manager; Bob Rose, Community Services Director; David Liu, Public Works Director; Greg Gubman, Community Development Director; Dianna Honeywell, Finance Director; Kimberly Young, Senior Civil Engineer; Grace Lee, Senior Planner; Ken Desforges, IS Director; Isaac Aziz, Network Systems Administrator; Anthony Santos, Senior Management Analyst; Alpha Lopez, Management Analyst; Anthony Jordan, Parks Maintenance Superintendent; Christy Murphey, Recreation Superintendent; Amy Haug, Human Resources Manager; Mandy Jiang, Intern; Marsha Roa, Public Information Manager; Cecilia Arellano, Public Information Coordinator, and Tommye Cribbins, City Clerk. ► INTRODUCTION OF DRAFT FISCAL YEAR 2016-17 BUDGET — Discussion and Action. CM/DeStefano explained that FD/Honeywell would briefly summarize some of the items discussed during the last Council budget study session, answer questions that have come forward since that meeting including the listing of professional organizations and walk through special funds, and the capital improvement program and respond to questions on those items. This will be done by exception because overall, the budget is only a couple of percentage points above what it is in the current fiscal year and much of what is being discussed is an extension of a carryover from the current budget program. FD/Honeywell said that she had responded to requests that are captured in the Council handouts including the listing of professional organizations by department, and the full time employee counts for the fiscal year and how much was being spent on those full time employees, which has also been itemized by department. Also, on Page 49 (total of General Fund) she added the percent change over the 2015-16 projected numbers for the proposed change. M/Lyons wanted to know the dollar increase for full time employees. CM/DeStefano said he does not know the exact figure but it is about 3 percent more which includes the 1.5 increase, $50 per month benefit allotment and other small items. This is really only a "moment in time" because there are employees coming and going which causes payroll to fluctuate. The one-time money received during the current fiscal year is about $900,000 for the remainder of the Willow Heights project and staff had proposed taking all of JUNE 7, 2016 PAGE 2 CC STUDY SESSION that money and supplementing with a small additional amount to refill some of the special revenue funds that have been depleted over the years (Page 2). CM/DeStefano stated that as additional dollars have come in post recessionary years, and as resources negotiated/one-time dollars out of the Willow Heights project have been received, those dollars have been invested over the last couple of years. For example, the list for tonight's discussion includes the General Plan. Staff knew three or so years ago that the City would likely need $800,000 to $1 million to develop that project, so staff created a fund and began to invest in that fund so that the $240,000 recommended from the General Fund gets that fund to a million dollars, which is the amount staff believes will be needed for the General Plan update project. The Council will be considering a consulting contract for the General Plan update at its next meeting or two. Technology is a new fund because the City has aging systems, most expensive of which is likely the Finance System. There are others including recreation, community development systems, traffic, equipment and building, most of which are ongoing but more than merely routine maintenance. Such big-ticket items might include setting aside funds for replacing the air conditioning system at City Hall or a future roof repair at the Diamond Bar Center and so forth. Staff is not recommending adding additional funds to the Parks Fund because there are other resources available for that category at this time. However, each year staff will need to look at these items to determine where additional dollars can be placed to provide project, improvement, and maintenance needs for the City. C/Low asked what the benefit of segregating monies into various funds as opposed to lumping them into the General Fund and expending them as needed. It seems to her that if these monies are placed in specific funds it encourages the City to spend those funds on those specific items. CM/DeStefano said as stated in C/Low's question, he believes it provides a commitment to spending money for the General Plan, for example, over the years the fund is seen growing and being depleted and if committed to a General Plan or upgraded technology, in lieu of pulling a million dollars out of reserves the monies have been set aside. The Council could continue to lump it all into the General Fund but to him that is not setting forth the policy statement that the Council wishes to maintain and invest in these areas and projects such as the General Plan. Money can be taken out of these funds at any time. For example, if the bottom falls out and there is another recession, the General Plan project stops and the money is used for public safety or something else of primary importance. These are not restricted dollars and in fact, during the five major recessionary years some of these funds were being depleted for maintenance in order to save other dollars that were very limited and precious in other areas. C/Low asked on what page she could find the balance of funds that have been set aside for the five funds. JUNE 7, 2016 PAGE 3 CC STUDY SESSION FD/Honeywell referred the Council to Page 47 and explained the breakdown. M/Lyons felt more money should be set aside for parks maintenance as well as, the drainage problems in the City. CM/DeStefano said those are policy choices and it is well within the City Council's purview to move monies anywhere it wishes to do so. Under those circumstances, however, he would ask that the Council provide more advance time to allow staff to provide a more thoughtful presentation on what those dollars are used for and what the issues and opportunities might be. In short, staff is asking the City Council to adopt the new budget tonight; however, it can be modified two weeks from now and as many times as the Council wishes throughout the year. So staff could look at the impacts such as if $200,000 was arbitrarily taken and put into the seepage mitigation project. Or, that can be done tonight or a few weeks from now with a response in terms of where that money could come from and what it would mean. Currently, parks maintenance is being transitioned from Community Services to Public Works and he expects that through that transition there will be different areas that might need maintenance, and staff is likely to come back to the City Council in the next few months anyway with additional thoughts about the structure of maintenance, extent of resources, and most likely a refined "battle plan" for what, where, and how often the City does it. While the City has substantial reserves and while CM/DeStefano would like for the Council to be extremely prudent with those funds because there is always a question about where and when more will come from, there are reserves the Council can do things with. So, for example, if the Council wanted to keep the profile as recommended and take $200,000 out of reserves that can be done at any time. The Council is leading the policy direction on how to best use the public's resources. C/Herrera said she believes this type of fund breakdown says that the Council values these different projects and is setting aside money when possible in order to have the resources to follow through when the time comes. M/Lyons said she agrees with C/Herrera but wanted to have the discussion. C/Low still questioned why the funds should not be combined rather than segregated. CM/DeStefano said he believed the Council was better served to have the funds segregated because it creates a very transparent document. And while the Council is making the policy choices on where it puts the people's money, it reflects a commitment that this is where the Council wants to invest and this is being conveyed to the public which can see that the Council is setting aside substantial dollars for law enforcement, traffic mitigation, parks maintenance and whatever else it might be. JUNE 7, 2016 PAGE 4 CC STUDY SESSION C/Tye felt it was important for people who are concerned about how the City spends its money to be able to see that money has been set aside for technology improvements, etc. rather than saying "don't worry about it — we'll pull it out of the General Fund when we need it." To him it is the difference in having a savings account with one lump sum or setting aside savings for vacation, new tires, auto, etc. FD/Honeywell continued responding to the special fund breakdowns. Estimated resources are about $26.1 million and the property tax revenue, which is the City's largest revenue source, is increasing about 4 percent. There is a slight dip in the sales tax revenue, but a lot of that is due to one-time adjustments and payments this fiscal year. Although it looks low, it is still a very healthy number. Something that is always in the forefront is the City's dependence on fuel for sales tax revenue in the City, and Council has been doing a lot of work on the Economic Development side to try and diversify the sales tax base. Staff looks forward to that continued pursuit this next fiscal year. Staff is also proposing that the City sell $600,000 of its Prop A specific purpose funds that are set to expire, in exchange for $450,000 of General Fund money that can be used for anything. In fact, it appears there is interest in purchasing these funds and if Council decides to move forward staff will be pursuing that interest. Appropriations are $25.8 million this year and part of that is the Cost of Living and Benefit Adjustments for employees. Staff is proposing a 1.5% Cost of Living adjustment based on CPI of 1.34 percent, and a $50 increase to the Benefit Allotment. Also proposed in this budget is a substantial reorganization of the City's operations. After reviewing the matter and determining efficiencies of scale there will be a realignment of all park and facilities maintenance and capital improvement duties from Community Services to Public Works, which will be under the direct supervision of PWD/Liu. This structure is typical in most cities and with that, staff is recommending that the salary range for the Public Works Director position be adjusted to 58E. Another change will be the scope of Community Services to highlight a focus on the parks and recreation component. Thus, it is proposed that the Community Services Department be renamed Parks and Recreation, and that as a result in the change in responsibilities the Community Services Director position be retitled Parks and Recreation Director and the salary range be adjusted to 51 E. Since the maintenance function will be centralized in one department, staff wants the maintenance worker series to be consistent throughout the department as Senior Maintenance Worker with the salary range remaining unchanged. The Deputy City Manager will be reclassified to Assistant City Manager due to additional duties he will assume during the transition of the realigned Parks and Recreation Department. The salary range for the ACM position will be adjusted from 60E to 59E to more accurately reflect the labor market. It is also proposed that the Assistant to the City Manager be fully funded in Fiscal Year 2016-17 in order to ensure proper oversight of all the programs within the scope of the administration portion of the City. Because of the additional duties Ryan McLean will assume as the Assistant City Manager, the risk management portion of his duties will transition to Human Resources with the JUNE 7, 2016 PAGE 5 CC STUDY SESSION Human Resources Manager classification being changed to Human Resources and Risk Manager, and the salary range will be adjusted to 44E. All of the proposed changes result in an increase of $110,000. Of this amount, $83,000 will impact the General Fund. This is the lowest increase in the last five years because of the savings realized from the realignment. C/Tye asked why the Assistant City Manager (ACM) who is assuming additional responsibilities goes from 60E to 59E. FD/Honeywell explained that in his position as Deputy City Manager he is at a salary range of 52E and the 59E is a significant increase for that position. C/Low asked if each classification has steps. CM/DeStefano responded "yes." The last agenda item in tonight's packet includes the compensation plan by position and includes ranges and steps. C/Low asked if for budgeting purposes a salary is budgeted at the top step or at the current step expected during that particular year. FD/Honeywell said she looks at each position and person individually and where they are in the pay scale. If it is a vacant position she usually budgets it at step D for an average. CM/DeStefano said that if staff anticipates that an employee will receive an evaluation and be eligible for a meritorious increase, staff will budget that in. However, Diamond Bar is fortunate to have a lot of very good employees, most of whom have been with the City for a number of years. So, 88 percent of the City's full time employees are already at the top step of their positions which has a lot to do with their longevity and feeds into the other factor that the Council has blessed him to commence which is looking at a Performance Management Program that staff will bring back to the Council later in this calendar year to help continue to support those employees that do extremely well because the very best performers and the worst performers are all earning the same 1.5 percent CPI and there is a need to find a way to help keep the highest performers motivated with some sort of performance plan. MPT/Lin asked if Diamond Bar's salary ranges were comparable to other cities in the area. CM/DeStefano responded "yes." Overall the City remains very competitive and through the recessionary period Diamond Bar was not in a position where it had to cut staff, hours, or salaries, and the City was able to make it through where many cities were unable to survive economically. The totality of these things including the fact that it is a great place to work has made Diamond Bar a highly sought JUNE 7, 2016 PAGE 6 CC STUDY SESSION after City in which to be employed, which starts with the City Council and the atmosphere the Council creates. FD/Honeywell continued that Special Revenue Funds must be used for special projects and most are used for CIP projects — streets, parks, traffic mitigation projects (Page 47 Summary — details begin on Page 235). The Capital Improvement Project fund (Page 287) is a summary of the projects proposed for the next Fiscal Year with 80-90 percent being carryover projects from this year. Some of the new projects include public works projects, trails projects, and Diamond Bar Center improvement projects. On Page 289 is a detailed description of each of the projects found on the list. MPT/Lin asked the amount of the franchise fees the City receives. FD/Honeywell said it varies by vendor. The City typically receives about $1.5 million per year. CM/DeStefano referred MPT/Lin to Page 53 and said the numbers change slightly. By example, the City is getting ready to renegotiate its waste hauler contract and a couple of years from now those numbers are likely to go up. The far right hand column on Page 53 adds up to $1,465,000, which is the franchise tax total. MPT/Lin asked about the safety in -lieu fees. PWD/Liu said that item was for the Lemon Avenue project CM/DeStefano referred MPT/Lin to Page 287, halfway down the Page to Transportation Infrastructure Improvements to see the $7,457,000 under Map 21. MPT/Lin referred to Page 67 and the Legislative item for Professional Services which he said had jumped up about $100,000. FD/Honeywell referred him to Page 78 for the detail and stated that the big jump is due to the Ballot Measure Consultant item which is a carryover item from the current year. MPT/Lin asked about Page 81, Item 42, Memberships and dues, which have dropped from $48,000 to $13,000. FD/Honeywell said that items were moved from "General Government' which was a catchall account to various departments that specifically manage those memberships and dues. MPT/Lin asked why on Page 88 the salary in Human Resources jumped about $90,000 for one more position. JUNE 7, 2016 PAGE 7 CC STUDY SESSION FD/Honeywell reiterated that the new Performance Pay Program has been added to that department. MPT/Lin asked if that figure was annual or one-time. CM/DeStefano said he would like it to be annual, which is up to the Council, and depending on how the City is doing financially it can be funded with more or less each year just as the Council considers any other compensation request for the employees. M/Lyons asked if anyone wished to discuss the agenda items regarding adoption of the budget. FD/Honeywell explained Items 8.1 a) b) c) and d) which are designed to comply with laws regarding the proposed budget. For example, the spending limit is $42 million and factors that factor into this budget amount to about $32 million. Last year staff did a very comprehensive overhaul of the investment policy (Statement of Investment) and basically, this year it is the same with the exception of one new asset class allowed by the California Government Code. She has included the Supra National which is a conglomeration of investments but has not decided whether she will invest in this vehicle because it is difficult to get a good return on the City's idle cash and the City is limited by the code of what the City can invest in by percentage and she is pretty much at the limit of most of the current vehicles so it would offer another vehicle in case it became necessary if it were adopted. CM/DeStefano said that cities are precluded from investing in the types of vehicles folks can invest their personal or business money in, so yield is not the City's greatest priority. Arguably, it should be, but Diamond Bar does the very best it can and it has been substantially better in the past four and one-half years with FD/Honeywell at the helm. The priority is on the security/liquidity side, which is well above the yield that the City may accrue. The last piece of the agenda was the request through a Resolution to establish the new compensation and benefit plan for employees as well as, the personnel changes for the next Fiscal Year. Council Members asked if all four resolutions could be passed with one vote. CM/DeStefano responded "yes" unless someone wished to set one or more of the resolutions aside for further deliberation. CA/DeBerry said that it might be cleaner to adopt each resolution separately in case of disagreement. JUNE 7, 2016 PAGE 8 CC STUDY SESSION IN. INTRODUCTION TO COMPREHENSIVE GENERAL PLAN UPDATE — For Information Only. CDD/Gubman provided an introduction to the Comprehensive General Plan Update by providing an overview of the process. He stated that there will also be an introduction of the consultant team whose contract the Council will be asked to approve at the next City Council meeting. State law requires every city and county to have a General Plan. Its purpose is to guide long-term growth so that it occurs in an orderly manner. The General Plan needs to be comprehensive, long range, internally consistent and its Statement of Policy is to be used to guide public decision-making on a variety of matters including Land Use, Capital Improvements, and Resource Conservation. There are some descriptions that like to compare the General Plan to being a "blueprint" to guide future planning decisions or to serve as the city's constitution. The General Plan needs to be updated from time to time to maintain its relevance and although no timeframe is set for updating a General Plan except for the Housing Element, a 20 -year cycle is typically the rule of thumb. Because Diamond Bar's General Plan was adopted in 1995 the City has reached an appropriate time to revisit the guiding vision and policy statements expressed in the original document. The Scope of Work includes three major phases to get through the process with eight tasks under those three phases and approximately 50 sub -tasks under the eight tasks. The first phase is visioning outreach and background research where outreach tools are used to gather the information needed to gain the initial policy direction. Phase I will also include the formation of the Citizens General Plan Advisory Committee (GPAC) and should take about six months. Phase II, Options and Strategies, is when the City will formulate three plans illustrating alternative land use and circulation plans. Staff will focus on opportunity sites identified during Phase I. The financial feasibility infrastructure and other implications of these alternatives will be tested and the findings will be presented to the GPAC. There will be a community workshop and a joint City Council/Planning Commission Study Session to thoroughly discuss those alternatives. And finally, a; preferred Land Use Plan will be refined and serve as the basis for the Draft General Plan. Phase II will take about 10 months to complete. Phase III is the Draft General Plan and EIR documents which will be written, circulated and refined in this phase after which the City will embark on a final series of Adoption Hearings. Drafting of these large documents will take about 16 months. A future Phase IV would include the Comprehensive Update to the City's Zoning Code in order to implement the new General Plan. After adoption of the General Plan, this effort will take about nine (9) months to complete. At this point, staff is not prepared to finalize the consultant selection or specify when this phase will take place. JUNE 7, 2016 PAGE 9 CC STUDY SESSION The community outreach GPAC will consist of a representative group of community members selected by the City Council. Staff and the consultant will work with the City Council to determine the selection process. Staff and the consultant team will establish an ongoing review and check in relationship with the GPAC to work through technical and political issues with the objective of ensuring some higher-level buy in before presenting work products to the Planning Commission and City Council. CM/DeStefano stated that the Council will be very engaged in the GPAC creation and management process. Having gone through this in the early 90's, he knows that Council's selection of the GPAC members is critical to the process. In other words, do not select someone that you just met. Council needs to think about this as a Task Force similar to the duties and responsibilities of Planning Commissioners, Traffic Commissioners, and Parks Commissioners and give the kind of weight to those selection processes when appointing people as GPAC members, because they are critical to provide the Council and the Planning Commission with the best advice possible for the decisions the Council and Planning Commission will be asked to make. These should be people that Council Members are very comfortable with and the maximum number should probably be about 15 which is close to what staff would recommend. CDD/Gubman said there were several GPAC's and a couple of false starts in the 90's. One GPAC consisted of 30 members and another 38 members. He explained that staff would kick things off with stakeholder interviews and work with the consultants to identify key stakeholders in the community. Staff is looking at about 16 GPAC members with one-on-one or small group meetings and plans to interview about 30 business people, Commissioners, Council Members, major commercial property owners, and other stakeholders. M/Lyons asked if staff would let the Council know who they believe are major stakeholders and let the Council suggest others as well. CDD/Gubman responded "yes." C/Tye said that the City has a General Plan and all of these outreaches and interviews leads to a variety of different input. He stated that during consideration of Site D about 70 people were drawing plans and then they came to the Council complaining that their plan was not considered. Why does the City go through this and why is the City not merely refining the existing General Plan? CDD/Gubman explained that the General Plan is being refined to a large extent. However, it must be kept relevant and there are some mandates that must be incorporated such as climate action planning, complete streets requirements, and sustainable community strategies, all of which need to be added to the document. There may also be existing goals that may no longer need the consensus of the community for the City to continue pursuing. The public participation process is a required part of the overall General Plan process, which is where it gets messy JUNE 7, 2016 PAGE 10 CC STUDY SESSION because citizen participation will obviously prove to be a difficult quest to reach consensus. Staff knows that and part of the consultant selection includes vetting of public outreach so that staff has confidence that they will be able to maintain that type of control over the conversation to prevent that type of discord. CDD/Gubman responded to MPT/Lin that there is an outreach firm in Chino Hills (Arellano Associates) and the project manager for Arellano is a Diamond Bar resident, which provides additional local connection. CM/DeStefano said that with all that needs to be done staff believes it will take 2-3 years. Staff does not know how this will flow. Staff spent an enormous amount of time in the early years walking through it and the result was that the community wanted what they saw that day — their future was today and that may wind up being the same conclusion this time around. There is Tres Hermanos to talk about, Tonner Canyon to talk about and whatever intensification with everything else. There are not as many things to talk about but it is still hugely important including the new requirements outlined by CDD/Gubman. Will it really be a million dollars? Staff does not know at this point but wants to budget for it now. Will it really take three years? Hopefully not, but it may take four. The contract amount is set because it is based on specific tasks, work products, etc. CDD/Gubman said that the proposals received this year are roughly in line with what the going rate was a couple of years ago when the survey was done. The firm that staff will be recommending is Dyett & Bhatia based in San Francisco. They were on the short list of excellent firms that staff sent the RFP to and their proposal, interview and list of sub -consultants fortified staff's confidence that this firm would be the right fit for Diamond Bar. Public Comments: None ADJOURNMENT: With no further business to come before the City Council, M/Lyons adjourned the Study Session at 6:28 p.m. Tommye Cribbins, City Clerk The foregoing minutes are hereby approved this day of 12016. Nancy Lyons, Mayor MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR JUNE 7, 2016 CLOSED SESSION: 5:00 P.M., Room CC -8 Public Comments on Closed Session Agenda: None. Agenda No. 6.2(b) IN. Government Code Section 54956.9 —Anticipated Litigation (1 Case). Recessed Closed Session STUDY SESSION: 5:12 p.m. 5:14 p.m., Room CC -8 ► Introduction and Discussion of Draft Fiscal Year 2016-17 Budget — Discussion and Action ► Introduction to Comprehensive General Plan Update — for Information only. Public Comments: None Recessed Study Session: 6:31 p.m. CALL TO ORDER: Mayor Lyons called the Regular City Council meeting to order at 6:38 p.m. in the South Coast Air Quality Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar, CA. CM/DeStefano reported that tonight's Closed Session involved an anticipated litigation matter and there were no reportable actions. CM/DeStefano stated that the Study Session included discussions regarding the 2016- 17 Fiscal Year budget that is being brought forward this evening for the Council's action. The upcoming Comprehensive General Plan update process was also discussed, a project that is likely to continue over the next three years with substantial community involvement. Council was provided with a brief overview of a couple of major components of the General Plan. The last time the General Plan was done was in 1995 and it is appropriate to review the document at this point. Staff will be asking the City Council to approve a consultant at its next meeting or the first meeting in July. PLEDGE OF ALLEGIANCE: Mayor Lyons led the Pledge of Allegiance. INVOCATION: Reverend Dr. Jeanne Faveau-Sorvillo, Diamond Bar United Church of Christ provided the invocation. ROLL CALL: Council Members Herrera, Low, Tye, Mayor Pro Tem Lin and Mayor Lyons. Staff Present: James DeStefano, City Manager; David DeBerry, City Attorney; Ryan McLean, Deputy City Manager; Ken Desforges, IT Director; David Liu, Public Works Director; Bob Rose, Community Services Director; Dianna Honeywell, JUNE 7, 2016 PAGE 2 CITY COUNCIL Finance Director; Greg Gubman, Community Development Director; Amy Haug, Human Resources Manager; Kimberly Young, Senior Civil Engineer; Grace Lee, Senior Planner; Isaac Aziz, Network Systems Administrator; Anthony Santos, Senior Management Analyst; Alpha Lopez, Management Analyst; Anthony Jordan, Parks Maintenance Superintendent; Christy Murphey, Recreation Superintendent; Mandy Jiang, Intern; Cecilia Arellano, Public Information Coordinator, and Tommye Cribbins, City Clerk. APPROVAL OF AGENDA: As Presented. 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 Presentation by Mayor and City Council of City Tile to Isaac Aziz upon his leaving to become the IT Manager for the City of Aliso Viejo. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: CM/DeStefano stated that the City incorporated in 1989 and learned from a few cities that did so prior to Diamond Bar at about that timeframe. There was a group of cities that incorporated within the five -ten years thereafter who all came to Diamond Bar to try to learn how it was done, what was successful, and in particular, spoke with many staff members about the contract cities format and the use of contract services for a variety of municipal needs. One of those cities was Aliso Viejo and it is a great city within Orange County and may be one of the newest if not the newest city. Diamond Bar is proud to have "parented" a few folks in Aliso Viejo including Gina Therani, Finance Department, who became and is to this day the only Finance Director for that city. Aliso Viejo has had great leadership and two and one-half years ago Dave Doyle moved from Diamond Bar to that city as its City Manager. Speaking on behalf of the staff, it has been a great run with Isaac. Diamond Bar has been fortunate to have him help carry the City through all of its needs over the past 10 years as he has been part of the brains behind all of the infrastructure inside City Hall and beyond. Isaac has done great things for Diamond Bar and he will continue to do very great things as the IT Manager working for a great guy in a very well managed city. Isaac is wished the very, very best. CM/DeStefano reported that Diamond Canyon Park is a neighborhood park that meanders somewhat through the Lennar project but lies mostly at the corner of Diamond Bar Boulevard and Brea Canyon Road. The park consists of about four and one-half acres with an active area of about two and one-half acres. The park will eventually connect to trails. Currently it has been designed and is being constructed with a 9 -car plus handicap parking lot, two tot -lots, one for children up to five years of age and the other for children up to 12 years of age. There is an upper and lower portion of the park that will be separated by a bridge over the flood control channel. The placement of the bridge is critical; the flood control channel is owned and managed by LA County and the developer has had issues getting the permitting process completed. The project is, however coming to a JUNE 7, 2016 PAGE 3 CITY COUNCIL conclusion and there will be a bridge over the Brea Canyon Flood Control channel. Portions of the park contain picnic areas, a trailhead, exercise equipment stations, drinking fountains, park benches, etc., and in addition, there is a garden interpretive area. There is centralized irrigation which is remotely connected back to City Hall. Adjacent to the park on Diamond Bar Boulevard is a new major City entry monument sign that is ready to be built at the intersection. As a result of some of the complications and progress of the project there will be an approximate 120 plant -establishment period/warranty maintenance period and wait time for the bridge to be installed, which means that it is likely the park will not open until about December 2016. There is a possibility it could open earlier if the developer can get the permits from the County for the bridge and, if the plant establishment period is reduced from 120 days to roughly 90 days. Finally, there is a utility pole in the way that has presented an impediment to the new right -turn lane from Brea Canyon Road to Diamond Bar Boulevard that will need to be removed. M/Lyons hoped that the plants would be planted without regard to the bridge installation so that they would have sufficient time to get through the establishment period. She asked staff to explain the garden interpretive area. CSD/Rose stated that the demonstration garden will be an example for the community, to show residents what types of plants can be planted in different levels of irrigation and water, in drought tolerant areas as well as, very wet areas. There will be interpretive panels that will describe the plant materials and will have a map showing what types of plants and irrigation are needed for that particular type of planting area. There will be five different types of hydro zones. There are decomposed granite trails and benches throughout the area. C/Tye asked when the signs that say Brea Canyon Drive would be taken care of. CM/DeStefano said the signs had been ordered but had not yet arrived. PUBLIC COMMENTS: Pui-Ching Ho, Diamond Bar Library Librarian, announced that the library will have a variety of programs throughout the summer months including a Summer Reading Kickoff with Arty Loon on Saturday, June 11 at 3:00 p.m. for children and their families. Tuesday, June 14 at 2:00 p.m. teens can build a Lemon Clock; a fun comedy magic show on Thursday, June 16 at 2:00 p.m.; and a Paper Airplane Race on Saturday, June 18 at 2:00 p.m. presented by the Friends of the Library Teen Advisory Board. 4. RESPONSE TO PUBLIC COMMENTS: None JUNE 7, 2016 PAGE 4 CITY COUNCIL 5. SCHEDULE OF FUTURE EVENTS: 5.1 Traffic and Transportation Commission Meeting — June 9, 2016 — 7:00 p.m., Windmill Community Room, 21810 Copley Drive. 5.2 Planning Commission Meeting — June 14, 2016 — 7:00 p.m., Windmill Community Room, 21810 Copley Drive. 5.3 Concerts in the Park — June 15, 2016 — 6:30 p.m. to 8:00 p.m. The Answer (Classic Rock), Sycamore Canyon Park, 22930 Golden Springs Drive. 5.4 Movies Under the Stars — Minions — June 15, 2016 — Immediately following the Concert, Sycamore Canyon Park, 22930 Golden Springs Drive. 5.5 City Council Meeting — June 21, 2016 — 6:30 p.m., AQMD/Government Center Auditorium, 21865 Copley Drive. 6. CONSENT CALENDAR: C/Herrera moved, C/Low seconded, to approve the Consent Calendar with the exception of Item 6.10 pulled by MPT/Lin for separate consideration. 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 WAIVE READING IN FULL OF ALL ORDINANCES AND RESOLUTIONS AND ADOPT THE CONSENT CALENDAR. 6.2 APPROVED CITY COUNCIL MINUTES: 6.2.1 Study Session of May 17, 2016 — as presented. 6.2.2 Regular Meeting of May 17, 2016 — as presented. 6.3 RECEIVED AND FILED TRAFFIC AND TRANSPORTATION COMMISSION MINUTES: 6.3.1 Regular Meeting of January 14, 2016. 6.3.2 Regular Meeting of March 10, 2016. 6.3.3 Regular Meeting of April 14, 2016. 6.4 RECEIVED AND FILED PARKS AND RECREATION COMMISSION MINUTES — Regular Meeting of April 28, 2016. 6.5 RECEIVED AND FILED PLANNING COMMISSION MINUTES: 6.5.1 Regular Meeting of March 8, 2016. 6.5.2 Regular Meeting of April 26, 2016. JUNE 7, 2016 PAGE 5 CITY COUNCIL 6.6 RATIFIED CHECK REGISTER — dated May 12, 2016 through June 2, 2016 totaling $1,565,222.41. 6.7 APPROVED TREASURER'S STATEMENT — Month of April 2016. 6.8 APPROVED SUPPLEMENTAL APPROPRIATIONS OF $300,727 INTO THE FISCAL YEAR 2015-16 BUILDING FEES REVENUE ACCOUNT AND $118,000 INTO THE FISCAL YEAR 2015-16 BUILDING AND SAFETY CONTRACT SERVICES EXPENDITURE ACCOUNT TO FUND THE PAYMENT OF RKA CONSULTING SERVICES INVOICES. 6.9 APPROVED AMENDMENT NO. 2 TO THE AGREEMENT WITH TENNIS ANYONE TO EXTEND THE CONTRACT PERIOD TO JULY 1, 2016 THROUGH JUNE 30, 2017 IN THE AMOUNT OF $70,000. 6.11 AWARDED CONTRACT TO ACCELA, INC., IN THE AMOUNT OF $30,456 ANNUALLY FOR LEGISLATIVE MANAGEMENT SOFTWARE SERVICES AND AUTHORIZED THE CITY MANAGER TO EXECUTE FUTURE CONTRACT RENEWALS. 6.12 APPROVED AMENDMENT NO. 6 TO THE CONTRACT WITH VALLEYCREST LANDSCAPE MAINTENANCE TO EXTEND THE TERM OF THE CONTRACT FROM JULY 1, 2016 THROUGH SEPTEMBER 30, 2016 TO PROVIDE LANDSCAPE MAINTENANCE SERVICES AT NINE (9) CITY PARKS, THE GROUNDS OF THE DIAMOND BAR CENTER, THE FOOTBALL FIELD AND SLOPE AT LORBEER MIDDLE SCHOOL, AND THE MESA TRAIL/TRAILHEAD AT SYCAMORE CANYON PARK, IN THE AMOUNT OF $93,485, AND AS -NEEDED WORK IN THE AMOUNT OF $9,750, FOR A TOTAL AUTHORIZATION NOT -TO - EXCEED $103,235 FOR THE FISCAL YEAR 2016-17; AND, ACCEPTED THE CHANGE OF THE COMPANY'S NAME FROM VALLEYCREST TO BRIGHTVIEW LANDSCAPE SERVICES, INC. MATTERS WITHDRAWN FROM CONSENT CALENDAR: 6.10 AWARD CONTRACT TO HILTON FARNKOPF & HOBSON, LLC (HF&H) IN THE NOT -TO -EXCEED AMOUNT OF $218,000 FOR AS -NEEDED SOLID WASTE AND RECYCLING CONSULTING SERVICES. MPT/Lin said it seemed to him that many of the items contained in the scope of work could be performed by staff. $218,000 is a lot of money for someone to help the City find a solid waste hauler. Also, it was stated that staff anticipated the City would be fully reimbursed for the consulting costs and he did not quite understand that statement. CM/DeStefano explained that when Diamond Bar incorporated there were 13 waste haulers. A few years after incorporation, the City went through JUNE 7. 2016 PAGE 6 CITY COUNCIL a competitive process and awarded contracts for the residential pickup to Waste Management and the commercial/industrial pickup to Valley Vista Services. The City had an excellent relationship with those two haulers and those contracts were ready to expire in about 2008. At that time, based upon the outstanding services provided by both firms, the then City Council offered those two firms an exclusive negotiating period in which to develop a new contract. And at that time there were a variety of state mandates and local needs involved in dealing with solid waste refuse removal from the community. Diamond Bar also entered into the first contracts with Valley Vista and Waste Management without any sort of franchise fee. There was a discussion about franchise fees for exclusive contracts during tonight's Study Session. The City grew out of the exclusive 2008 negotiations with what amounted to contract extensions with those two excellent providers, franchise fees, a variety of necessary needs as required by the state and local government and in order to be successful, because the City had not negotiated waste hauler contracts, back in 2008 the City employed HF&H. As a result of the negotiation process and an early request from the City of Diamond Bar, resulted in the waste haulers paying for HF&H's services at that time, which again, was ultimately part of the successful negotiations and contract award. The two waste haulers paid their proportional share of the fees that HF&H charged which was the contract that the City had with HF&H. The reason the City chose HF&H at that time and the reasons staff is recommending them to the Council this evening is that first, HF&H levels the playing field for Diamond Bar. The City has excellent City staff members, none of whom are experienced at waste hauler negotiations, the nuances of the contracts, and the details of all of the parameters. The City does this only every eight or ten years or so. The waste haulers do it many times a year with many communities for the many service providers in California and for other cities, counties school districts, etc. A firm like HF&H is well- known and is considered to be the best in its field and currently serves more than a 100 jurisdictions and has served 360 jurisdictions in recent years in California. The second firm the City received a proposal from also provides contract services but to a much lesser degree. Their services are equal in some areas but not in all areas and they have a history of serving only about 60 communities. HF&H helps staff with the expertise needed to successfully negotiate a contract that would then be recommended for Council's consideration and award. Based upon Council direction to staff when this subject was discussed at a recent Council meeting, the City is gearing up for waste hauler negotiations as the current contracts are getting ready to expire and the Council directed staff to allow an exclusive negotiating period with the two existing haulers. The fees proposed by HF&H include two contract components. The first part of the contract proposal is Phase A which is basically the exclusive negotiating period. CM/DeStefano said he anticipates the City will end up with a contract as a result of the six-month exclusive negotiating period. Should that be the case, HF&F would charge the City about $99,000 and JUNE 7, 2016 PAGE 7 CITY COUNCIL the other company would have charged the City about $93,500, an appreciable difference. If negotiations are not successful through the exclusive negotiating period, it is opened up to competitive bidding with all waste haulers who have an interest in providing services to Diamond Bar which would get much more difficult, and the City would then need expert services even more through that phase. The total of the exclusive and competitive bidding period for HF&H is about $218,000 which is higher than the $178,000 proposed by the other company; however, he does not believe the entire amount of $218,000 will be needed. But if it is required, he would strongly recommend that the Council provide staff with the best resources available which is HF&H to then help the City Council make the policy choices as to what the Council wants to see in that contract, what rates the Council wishes to pay, and how much the Council wishes to have the hauler pay with all of the details necessary to make an informed choice for the community. He hopes to improve upon the existing franchise fee that the City has received in the past as well as, other maintenance fees, etc. from trucks on the City roadways, and ensure that the City is engaged and providing all of the regulatory requirements and all appropriate environmental requirements that the City wishes to utilize going forward. Staff is recommending HF&H because staff believes they provide the City with the best services to perform the work the City needs. MPT/Lin asked if the franchise fees and other fees would be used to reimburse the City for the HF&H fee. CM/DeStefano responded "no" the fees would be in addition to the reimbursement of the HF&H fee which will be part of the negotiated contract including repayment of the consulting services fees and any other legal fees incurred during the process of a successfully negotiated contract. C/Tye said that 13 years ago there could have been 13 different trash haulers on his cul-de-sac. CM/DeStefano said that C/Tye was correct. It was a confusing time. Some of the haulers were properly permitted while many were not and it was extraordinarily difficult situation for the City to deal with when Diamond Bar became a City. As soon as other issues were resolved, attention turned to the waste hauler issue and the number was reduced to the two the City enjoys to this day. M/Lyons said she believes this is one of the larger contracts the City has in terms of money. CM/DeStefano said that the City does not actually pay the waste hauler, the customers (residents and commercial businesses) pay the waste JUNE 7, 2016 PAGE 8 CITY COUNCIL haulers. The City Council is granting a franchise for the pickup of waste to a certain number of haulers and they bill the customer and receive the revenue and the City receives a franchise fee. Diamond Bar is not in the business of preparing invoices, it is all done by the waste hauler. M/Lyons said she understands that but if all of the fees were added up for residences and businesses, it would be a very large sum of money. CM/DeStefano agreed. M/Lyons felt it was very important to every resident and business that the City negotiate the best rate possible, and believed that even if the City has to spend the entire $218,000 there was a chance the City would get it back. HF&H has a lot of experience and knows what other cities in similar circumstances are paying which will help Diamond Bar get a good rate. In other words, HF&H has abilities and knowledge that city staffs do not have. CM/DeStefano said that the City needs the consultant because City staff does not have that level of expertise and it goes way beyond any legal services the City may need. MPT/Lin moved, C/Tye seconded, to approve Item 6.10 to Award a Contract to Hilton Farnkopf & Hobson, LLC (HF&H) in the Not -To -Exceed Amount of $218,000 for As -Needed Solid Waste and Recycling Consulting Services. Motion carried by the following Roll Call Vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: 7. PUBLIC HEARINGS: None. 8. COUNCIL CONSIDERATION: Herrera, Low, Tye, MPT/Lin, M/Lyons None None 8.1 (a) ADOPT RESOLUTION NO. 2016-17: APPROVING AND ADOPTING A BUDGET FOR THE FISCAL YEAR COMMENCING JULY 1, 2016 AND ENDING JUNE 30, 2017 INCLUDING MAINTENANCE AND OPERATIONS, SPECIAL FUNDS AND CAPITAL IMPROVEMENTS; AND, APPROPRIATING FUNDS FOR ACCOUNTS, DEPARTMENTS, DIVISIONS, OBJECTS AND PURPOSES THEREIN SET FORTH. JUNE 7, 2016 PAGE 9 CITY COUNCIL (b) ADOPT RESOLUTION NO. 2016-18: SETTING THE PROPOSITION 4 (GANN) APPROPRIATIONS LIMIT FOR FISCAL YEAR 2016-17 IN ACCORDANCE WITH THE PROVISIONS OF DIVISION 9 OF TITLE 1 OF THE GOVERNMENT CODE. (c) ADOPT RESOLUTION NO. 2016-19: ADOPTING THE STATEMENT OF INVESTMENT. (d) ADOPT RESOLUTION NO. 2016-20: ESTABLISHING A COMPENSATION PLAN INCORPORATING SALARY RANGES AND FRINGE BENEFITS FOR BENEFITTED CLASSIFICATIONS OF EMPLOYMENT EFFECTIVE JUNE 25, 2016 AND AMENDING RESOLUTION NO. 2015-43. FD/Honeywell provided staff's report stating that the Fiscal Year 2016-17 Budget is balanced and increases General Fund reserves by an estimated $355,000. The budget, as proposed, incorporates modest yet realistic growth in both revenue and expenditures over the current year's projected numbers while maintaining excellent service levels to the community. The City has received the final development fees related to the Willow Heights housing project which amounted to nearly $900,000 and it is proposed that this one-time money be reinvested into funds that have been depleted over time. This money would be transferred during the current Fiscal Year to the General Plan Fund, the Traffic Mitigation Fund, the Equipment Maintenance and Replacement Fund, the Building Maintenance Fund and the newly created Technology Reserve Fund. After this transfer is made it is anticipated that the City will add nearly $1.5 million to its General Fund Reserves balance at June 30, 2016, and at the end of the current Fiscal Year the General Fund Reserve Balance will be $18.8 million (72%) of General Fund Appropriations. The approach taken this year when developing the Fiscal Year 2016-17 budget was more of a global approach that started with the adoption of the Council Goals in April, as the goals were revamped a bit to be more measurable and easier to report the progress and status of projects. Along the line of taking a more global look, the City Manager looked at how the organization delivered services to the nearly 60,000 residents in Diamond Bar, and it was determined that a consolidation of the maintenance functions would be cost -beneficial and provide favorable service delivery to the residents. The General Fund estimated resource is $26.1 million for Fiscal Year 2016-17. Although this level is a bit lower than the current Fiscal Year, it is explained by the high level of one-time money received during the current Fiscal Year. Property tax and related property tax in -lieu of the LF are two of the highest revenue sources to the City, and they are projected to grow about four percent during Fiscal Year 2016-17. Sales tax is JUNE 7. 2016 PAGE 10 CITY COUNCIL projected to be a bit lower in Fiscal Year 2016-17 due to one-time adjustments in FY 2015-16 along with declining gas prices. There has been an expanded effort by the City Council and City staff to diversify the sales tax base of the City by offering more options for residents to shop and dine in Diamond Bar. Once again, staff is recommending sale of excess and expiring Proposition A funds. By selling these funds, the City will exchange them for less -restricted General Fund money that can be used for any use in the City. Every effort has been made to keep appropriations at or near the same level as the current Fiscal Year estimates. The General Fund Estimated Appropriations are $25.8 million. Factored into the proposed budget is a 1.5 percent Cost of Living adjustment for employees and an increase of $50 to the Benefit Allotment. As previously mentioned, the City Manager regularly reviews departmental operations and staffing structures of the City in order to ensure that it is delivering services to residents in the most efficient and cost-effective manner possible. The City Manager has identified changes to the organizational structure in order to meet these goals, and these changes are incorporated in this budget and in the compensation plan. The financial impact of all changes to the personnel structure as mentioned amounts to $110,000 of which $84,000 impacts the General Fund. Aside from salaries and benefits, the Sheriff's Department contract is one of the City's larger expenditures. The Los Angeles County Sheriff's Department notified the City that the increase to Fiscal Year 2016-17 Law Enforcement Contract will be 3.7 percent for a total Law Enforcement budget of $6.5 million. Also included in the increase is a payment of 9.5 percent or $530,000 into the Sheriff's Liability Trust Fund. This fund has been set up to offset any costs associated with liability claims that are filed against the LA County Sheriff's Department. The total expected increase amounts to $372,000. Fiscal Year 2016-17 budget provides for the use of General Fund Reserves in the amount of $1.9 million, a majority of which will be used for Capital Improvements Projects, with the balance being used to fund Economic Development efforts and subsidizing the Lighting and Landscape Districts (LLD). At the end of Fiscal Year 2016-17, it is anticipated that resources will outpace appropriations by $355,000 bringing estimated General Fund Reserves to $17.3 million or 67 percent of appropriations. Also included in the proposed budget are various Special Revenue Funds, the Debt Service Fund, Equipment Replacement Funds and the Capital Improvement Fund. These types of funds have specific guidelines as to how the resources may be used and the City uses these funds to pay for such things as slurry seal projects, transit related programs, solid waste JUNE 7, 2016 PAGE 11 CITY COUNCIL reduction programs, unforeseen fleet costs, and network upgrades. As previously mentioned, it is also proposed that a new fund "Technology Reserve Fund" be established in the current fiscal year in order to fund the City's anticipated future needs related to aging software systems that may no longer be supported by the vendors. The primary funding source for this fund during the current year will be the one-time money realized from building fees related to the Willow Heights housing project. The Fiscal Year 2016-17 Capital Improvement budget includes projects totaling $19.6 million, of which $12.1 million are project carryovers from Fiscal Year 2015-16, and the balance of the $7.5 million is either new projects or additional appropriations for existing projects. Included in the new projects for Fiscal Year 2016-17 is a street improvement project, two traffic management projects, street enhancement projects, trail enhancements, and improvements at the Diamond Bar Center. MPT/Lin complimented staff on a great job in putting together a conservative and well -crafted budget. MPT/Lin moved, C/Herrera seconded, to Adopt Resolutions 2016-17, 2016-18, 2016-19 and 2016-20. 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 M/Lyons thanked FD/Honeywell for her hard work on the 2016-17 FY budget. 9. COUNCIL SUBCOMMITTEE REPORTS AND MEETING ATTENDANCE REPORTS/COUNCIL MEMBER COMMENTS: C/Herrera said she was sad to say goodbye to NSA/Aziz because whenever she had trouble with her computer he magically solved her dilemma. She knows he will do an outstanding job in his new position because he is very intelligent and skilled, and has acquired a wealth of knowledge in his field. She jokingly stated that the next time she sees David Doyle she plans to kick him in the knee. Congratulations and well -wishes to NSA/Aziz. She thanked DCM/McLean, SMA/Santos, Lt. Phil Marquez, Deputy Aaron Scheller, Leticia Pacillas and the two individuals from the Fire Department who came to St. Denis Church on June 1 to provide an Emergency Preparedness Session for 60 plus people who had anxieties about certain types of potential disasters in Diamond Bar. Everyone was reassured that Diamond Bar has a very comprehensive plan and they were very pleased and felt a lot better at the conclusion of the session. Thanks to all for their help in this effort. She hopes everyone voted because today is a very JUNE 7, 2016 PAGE 12 CITY COUNCIL important day. C/Low congratulated graduates and their parents and wished them good luck on the next phases of their lives. Last Sunday she attended the Diamond Bar Chinese-American Association's annual meeting. She congratulated new President David Huang and thanked outgoing President Annie Chen. The organization runs a Chinese language school in Diamond Bar with students coming from all over the valley. C/Low said she was very excited about staff's revamping the Diamond Bar app which she strongly recommends. One can go to the iTunes store and look up Diamond Bar for the free app. C/Tye hoped everyone voted today and took advantage of their right and privilege. Last week he and C/Low attended the official Ribbon -Cutting for Encore Teppan, a new restaurant in town that he understands has the largest grill in the US. One week from tomorrow will be the first in the Concerts in the Park Series for 2016 and he hoped everyone would join in attending the event. He once heard a pastor say that "grandchildren are the gift that God gives you for not killing your own kids" and he hopes everyone who has kids and hears him say that has a hearty laugh. Brooklyn Tye arrived on Saturday, May 28 at 7 pounds and she is an absolute delight. He has been called many things in his life and he cannot wait to hear what she will decide to call him. MPT/Lin said that last Sunday he too attended the Diamond Bar Chinese- American Association's 26th Annual meeting. He felt privileged to serve on its Board for many years. He wished C/Tye good luck on his election bid. M/Lyons expressed appreciation to FD/Honeywell and her staff. The Council put her through her paces over several meetings. There is a lot in the budget and she believes Council Members asked questions about most of the items. She thanked FD/Honeywell for her patience and thorough explanations. M/Lyons encouraged parents and grandparents in the City to take a look at the many free events being held for children, teens and families this summer such as Concerts in the Park, the 4th of July event and the many library events throughout the summer. Two meetings ago, the Evergreen Elementary School students were here from the Odyssey of the Mind team. At that time they had won the State competition and were on their way to the world competition. She learned from the school principal two days ago that the team placed 5th in the world out of 51 teams in their division and a thousand teams overall. For their project, the team built a 14.9 gram structure that held 900 pounds. She is thinking that the City should get these kids to help with the 57/60 Confluence project. She congratulated C/Tye and his wife Patty on becoming grandparents. JUNE 7, 2016 PAGE 13 CITY COUNCIL ADJOURNMENT: With no further business to conduct, M/Lyons adjourned the Regular City Council Meeting at 7:41 pm in honor of employee Isaac Aziz. Tommye Cribbins, City Clerk The foregoing minutes are hereby approved this day of 2016. Nancy Lyons, Mayor Agenda No. 6.3 CITY OF DIAMOND BAR MINUTES OF THE TRAFFIC AND TRANSPORTATION COMMISSION MEETING MAY 12, 2016 CALL TO ORDER: Chair/Pechy called the meeting to order at 7:05 p.m. in the Diamond Bar City Hall Windmill Community Room, 21810 Copley Drive, Diamond Bar, California 91765. PLEDGE OF ALLEGIANCE: C/ Mirzaei led the Pledge of Allegiance. ROLL CALL: Commissioners Mahendra Garg, Shokoufeh Mirzaei, Surendra Mehta, Vice Chair, Ed Pechy, Chair Absent-. Commissioner Cynthia Quan Also Present: David Liu, Public Works Director; Kimberly Young, Senior Civil Engineer; Christian Malpica, Associate Engineer; John Beshay, Associate Engineer; and Marcy Hilario, Administrative Coordinator. I. APPROVAL OF MINUTES: A. Minutes of the April 14, 2016 Regular Meeting C/Garg moved, VC/Mehta seconded, to approve the Minutes of the April 14, 2016 Regular Meeting Minutes: AYES: COMMISSIONERS NOES: COMMISSIONERS ABSENT: COMMISSIONERS PUBLIC COMMENTS: None Ill. ITEMS FROM STAFF: Garg, Mirzaei, VC/Mehta, Chair/ Pechy None Quan A. Receive and File Traffic Enforcement Updates for: 1. Citations, February, March and April 2016 2. Collisions: February, March and April 2016 3. Street Sweeping: February, March and April 2016 May 12, 2016 PAGE 2 T&T COMMISSION C/Mirzaei asked if there was a reason for the increase in parking citations. PWD/Liu said it was fairly static. Chair/Pechy asked if there had been an increase or decrease in the number of Sheriffs personnel. PWD/Liu responded "no." VC/Mehta asked if the citations include moving and parking violations and what constitutes a parking violation. PWD/Liu explained that both are included and on street sweeping days, there is no parking during specific hours along with other areas of the City where there are no parking anytime and no stopping anytime signs. Also, there are parking districts within the neighborhoods surrounding Diamond Bar High School where parking permits are required. Chair/Pechy moved, VC/Mehta seconded, to Receive and File the Traffic Enforcement Updates for February, March and April 2016. Motion carried by the following Roll Call vote: AYES: NOES: ABSENT: IV. OLD BUSINESS: V. a COMMISSIONERS COMMISSIONERS COMMISSIONERS None ,,= STATUS OF PREVIOUS ACTION ITEMS VII. ITEMS FROM COMMISSIONERS: Garg, Mirzaei VC/Mehta, Chair/ Pechy None Quan C/Garg stated that Birdseye Drive turns into Kiowa Crest- however, after that there are no stop signs on Birdseye Drive until Ironbark Drive and drivers speed on Birdseye Drive, especially along Maple Hill Elementary School. AE/Malpica indicated that a warrant analysis was done a couple of years ago and was not met for a stop sign along Birdseye Drive. The warrant analysis included traffic volumes, speed and pedestrian crossings. A traffic engineer recently reviewed this area and concluded that the warrant analysis was still accurate. PWD/Liu added that stop sign warrants require an engineering study by a licensed traffic engineer and certain criteria is required to be met. In terms of traffic control, stop signs are designed to control the right-of-way movement and are not meant to control speed of vehicles. It is regulatory signage that provides proper assignment of right-of-way priorities. Staff will follow up with the Sheriff's Department for possible increased enforcement activities, as well as communicating to the school principal that parents need to be reminded to watch out for kids in the area. In most cases, violators are residents and/or parents. VC/Mehta shared that a couple of days ago, a driver cut in front of him to make a right turn from the second lane at Copley Drive and Golden Springs Drive, which is an issue he previously discussed with the Commission. AE/Malpica responded that at this time, staff is working on the Request for Proposal (RFP) to modify that May 12, 2016 PAGE 3 T&T COMMISSION intersection from protective permissive to protective only, as previously reported. This is part of the traffic study that includes turn lanes, line -of -sight and traffic signal operations, all of which will be addressed when this project goes through the design and construction phase. Chair/Pechy reiterated his concern about Diamond Bar Boulevard and Palomino Drive. He is still noticing that traffic is crossing over at the light on Diamond Bar Boulevard and often blocking the intersection for people attempting to exit Palomino Drive on the green light. Also, vehicles heading southbound on Diamond Bar Boulevard making a U -Turn at Palomino Drive often block the intersection during the middle of the phase so that people on Palomino Drive are unable to proceed on the green light. He noticed that there have been signs placed around the City "do not block intersection" and wondered if that type of signage might be helpful at this location. PWD/Liu said that staff would look into that and report back. With respect to congestion and U -Turns at the intersection, staff will work with the City's Traffic Engineer to see what type of signage might be effective. VIII. INFORMATIONAL ITEMS: A. Traffic Signal Infrastructure Upgrades Project — AE/Malpica reported that Phase I of this project includes replacing 5.5 miles of copper wire with fiber optic cable, upgrade traffic controllers at 15 intersections and rewiring of three (3) intersections. This work is intended to bring all existing infrastructure up to current standards. Construction is scheduled to begin in June, with completion tentatively scheduled for September. Phase 11 is a continuation of the planned upgrades recommended in the Traffic Signal Operations Maintenance Master Plan with the following tentative schedule: City Council award of design contract to Iteris, Inc. on May 17th, bid award construction contract in August, begin construction in September, and completion of construction in December. This project will include rewiring of three (3) intersections, replacement of 4.3 miles of copper cable with fiber optic cable, update traffic signal components in the traffic signal cabinets, and replacement of 30 traffic controllers at 30 intersections. Work is being completed to bring all existing infrastructure to current standards. B. Adaptive Traffic Control Signal System — RFP — AE/Malpica shared that staff held a pre -proposal meeting on May 4th at City Hall to answer questions from prospective consultants related to the RFPs. The tentative schedule is award of design contract in July, bid award to contractor in April 2017, begin construction and implementation in June 2017, with construction and implementation to be completed by April 2018. All projects must be completed by the summer of 2018. This project will enhance the signal timing by adjusting the cycles, splits and offsets and optimize traffic flow based on real- time traffic conditions. C. Area 4 Road Maintenance Project — AE/Beshay reported that the project is in the design phase. Plans and specs will be completed within the next two weeks with construction to begin in July. May 12, 2016 PAGE 4 T&T COMMISSION D. Willow Heights Construction Update — AE/Beshay stated that this Update concerns the Diamond Bar Boulevard/Brea Canyon Road enhancement project. Bid opening was held Thursday, May 5th and staff received five (5) bids. The lowest bidder is Beador Construction Company, with a total bid of $436,700. Staff will begin checking the proposal to verify the responsiveness of this bid. Bid award is scheduled in June, with construction to commence in mid-July. E. Lemon Avenue Interchange Project — SCE/Young indicated that staff expected to receive the RTL by the end of April; however, Caltrans made changes to the electrical standards as late as April 151h, which requires the plans to be updated to the new standards and specifications. As a result of the additional work required to meet the current standards, staff expects it will delay the RTL until the end of May, with construction proposed to commence within the next six months. F. SR -57160 Confluence Project— SCE/Young reported that the westbound on- ramp Phase I continues to be under construction, moving toward completion next summer. Staff continues to monitor traffic along Grand Avenue and Golden Springs Drive to ensure that phasing and striping changes minimize traffic impacts. Construction of the westbound off -ramp is scheduled to begin by September/October once funding paperwork is in place for the TIGER grant. Once in place, money can be authorized to allow staff to go out to bid and award the contract. Chair/Pechy noticed a number of detour signs along Golden Springs Drive and asked if they were related to this project. SCE/Young reiterated that when the ramps are closed for this project, there will be detours along Golden Springs Drive within the City of Diamond Bar. These closures are sporadic and the City is notified prior to closure of the ramp being approved by Caltrans, at which time the detour ramps will be uncovered. Detours are permitted only at nighttime and during the day the signs are to remain covered. VC/Mehta stated that he has seen a good deal of backup on southbound Grand Avenue in the evening and asked how this was impacting the City's traffic. SCE/Young explained that the backup is due to the striping at the existing off -ramp intersection, which has combined the left -turn pocket with the through lane which requires split -phasing and limits the number of cars that can go through the intersection. It has not affected the Diamond Bar roadways; however, it has significantly affected southbound traffic coming from the cities of Walnut, Industry and beyond. Unfortunately, as long as this Caltrans timing scenario is implemented, there will be some congestion. This is a temporary situation during construction until next summer. G. TR 63623 — South Pointe Residential Development — SCE/Young stated that infrastructure improvements of storm drains and sewer grading continues and is nearing completion. Recently, the City Council accepted the park dedication from the school district for a public park on Larkstone Drive as part of this project. The developer is responsible for constructing the park and staff is currently in the final stages of reviewing the park improvement plans so that the developer can begin construction, which they expect to complete prior to May 12, 2016 PAGE 5 T&T COMMISSION the opening of the model homes. In addition, the City Council accepted dedication from the school district for Larkstone Drive between the school and the property, which will be dedicated as a public street and will provide the only access for the park. Chair/Pechy asked if the roadway would also be an access road for residents. SCE/Young responded that Larkstone Drive will be the primary access for residents. As one travels down Larkstone Drive toward South Point Middle School, the first access will be toward the residential development and immediately before reaching the school at the cul-de-sac will be the park access. H. Grand Avenue/Golden Springs Drive Intersection Improvements Update — SCE/Young shared that staff continues to work with the City of Industry on the design of this intersection, as well as work with the landscape architect to provide enhancements to the intersection similar to what was done at Grand Avenue and Diamond Bar Boulevard. I. Morning Canyon Road Rehabilitation Project— AE/Beshay reported that the project will be advertised within the next few weeks, with the bid opening scheduled in June. The bid award is scheduled for a City Council meeting in July. V11. SCHEDULE OF FUTURE CITY EVENTS: As stated in the agenda. Chair/Pechy noted that on May 17th, the City Council will honor retiring Supervisor Don Knabe and that the next Traffic and Transportation Commission meeting is scheduled for Thursday, June 9th. ADJOURNMENT: There being no further business to come before the Traffic and Transportation Commission, Chair/Pechy adjourned the meeting at 7:35 p.m. The foregoing minutes are hereby approved this day of 12016. Respectfully'Submitted, z a Davfd"G. Liu, Secretary Attest: S'". I-( _r__ Im e_v \:' Chairman Ed Pechy Agenda # 6.4 Meeting Date: June 21, 2016 CITY COUNCIL l,'c �Tb9 AGENDA REPORT `�r88q� TO: Honorable Mayor and Members of the City Council FROM: James DeStefano, City Man4e L P TITLE: Ratification of Check Register dated Ane 2, 2016 through June 15, 2016 totaling $ 1,633,765.77 RECOMMENDATION: Ratify. FINANCIAL IMPACT: Expenditure of $ 1,633,765.77 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 June 2, 2016 through June 15, 2016 for $ 1,633,765.77 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 — 06/2/16 through 06/15/16. 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 June 2, 2016 through June 15, 2016 has been audited and is certified as accurate. Payments have been allowed from the following funds in these amounts: Description Amount General Fund $626,580.97 Prop A - Transit Fund $6,739.09 Prop C - Transit Tax Fund $29,788.50 Intergrated Waste Management Fund $18,594.11 Comm Dev Block Grant Fund $3,767.24 LLAD 38 Fund $12,917.51 LLAD 39 Fund $12,872.72 LLAD 41 Fund $5,089.25 Used Motor Oil Blk Grt $1,227.30 Capital Imp Projects Fund $297,201.06 PFA Debt Service Fund $618,727.21 Equip Maint/Repl Fund $260.81 $1,633,765.77 Signed: Dianna Honeywell Finance Director SUNGARD PENTAMATION INC PAGE NUMBER: 1 DATE: 06/15/2016 CITY OF DIAMOND BAR ACCTPA21 TIME: 10:05:34 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date between 120160602 00:00:00.000' and '20160615 00:00:00.000' ACCOUNTING PERIOD: 12/16 FUND - 001 - GENERAL FUND 0.00 CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION 10100 116629 06/02/16 4IMPRINT 4IMPRINT INC 1155515 10100 116630 06/02/16 ABDESIGN AS DESIGN STUDIO INC 001 10100 116631 06/02/16 ADVANTEC ADVANTEC CONSULTING ENGI 0015554 10100 116632 06/02/16 AGIACADE AGI ACADEMY CORP 0015350 10100 116633 06/02/16 AGGCOMWE AGRICULTURAL COM WGHTS & 0014431 10100 116634 06/02/16 ALEXANDE ALEXANDER & LYNN INC 0015350 10100 116635 06/02/16 ALLCITYM ALL CITY MANAGEMENT SERV 0014411 10100 116636 06/02/16 AMIRAZOD GHOLAM R AMIRAZODI 0015510 10100 116637 06/02/16 SANTOSAN ANTHONY SANTOS 0014030 10100 116638 06/02/16 BALDWINP BALDWIN PUBLICATIONS INC 0014050 10100 116639 06/02/16 EVERGREE ROBYN A BECKWITH 0015340 10100 116639 06/02/16 EVERGREE ROBYN A BECKWITH 0015333 10100 116639 06/02/16 EVERGREE ROBYN A BECKWITH 0014093 10100 116639 06/02/16 EVERGREE ROBYN A BECKWITH 0014093 TOTAL CHECK o.OD 10100 116640 06/02/16 BESTBAGC BEST BAG COMPNAY 1155515 10100 116641 06/02/16 BURNSSUS SUSAN BURNS 001 10100 116642 06/02/16 CALPEEK CALIFORNIA POLITICAL WEE 0014030 10100 116643 06/02/16 HONCALYN CALYN HON 001 10100 116644 06/02/16 CBREINC CBRE INC 0014030 10100 116645 06/02/16 REINBERG CNC PRINTWERKS 1155515 10100 116645 06/02/16 REINBERG CNC PRINTWERKS 0014090 10100 116645 06/02/16 REINBERG CNC PRINTWERKS 0014090 10100 116645 06/02/16 REINBERG CNC PRINTWERKS 0014090 10100 116645 06/02/16 REINBERG CNC PRINTWERKS 0014090 10100 116645 06/02/16 REINBERG CNC PRINTWERKS 1155515 TOTAL CHECK 10100 116646 06/02/16 COMMCENT COMMUNICATIONS CENTER 0014411 10100 116647 06/02/16 DAVIDEVA DAVID EVANS AND ASSOCIAT 0015551 10100 116647 06/02/16 DAVIDEVA DAVID EVANS AND ASSOCIAT 0015551 TOTAL CHECK 10100 116648 06/02/16 DELTACAR DELTA CARE PMI 001 -----DESCRIPTION------ SALES TAX PROMO ITEMS -BOOKMARKS 0.00 DEPOSIT REFUND 0.00 ENG SVCS-NOV 2015 0.00 CONTRACT CLASS -SPRING 0.00 COYOTE SVCS -MAR 2016 0.00 CONTRACT CLASS -SPRING 0.00 CROSSING GUARD SVCS 0.00 CONSULTING SVCS -MAY 0.00 REIMB-CPR TRAINING 0.00 PAYROLL CHECKS 0.00 MAY SVCS -HERITAGE 0.00 MAY SVCS -DBC 0.00 PLANT MAINT-C/HALL 0.00 PLANT MAINT-LIBRARY 0.00 0.00 DOGGIE BAGS -JUNE 2016 0.00 RECREATION REFUND 0.00 RENEWAL -SUBSCRIPTION 0.00 FACILITY REFUND O.DO FY16 PROPRTY APRAISAL 0.00 PRINT SVCS -LETTERHEAD 0.00 PRINT SVCS -BUS CARD 0.00 PRINT SVCS -BUS CARDS 0.00 PRINT SVCS -BUS CARDS O.OD PRINT SVC -FRAME HOLDR O.OD PRINT SVCS -ENVELOPES O.OD o.OD RADAR/LIDAR CERT 0.00 PROF SVCS -APRIL 0.00 PROF SVCS -MARCH 0.00 0.00 JUNE 2016 HMO DENTAL 0.00 AMOUNT 434.03 242.37 4,252.66 870.00 759.28 1,404.00 7,899.90 3,339.00 139.33 249.39 135.00 177.00 325.00 107.00 744.00 938.60 645.00 50.00 160. DO 7,900.00 69.76 92.65 70.85 70.85 1,330.89 472.31 2,107.31 75.00 662.25 1,928.79 2,591.04 262.24 SUNGARD PENTAMATION INC PAGE NUMBER: 2 DATE: 06/15/2016 CITY OF DIAMOND BAR ACCTPA21 TIME: 10:05:34 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date between '20160602 00:00:00.000' and '20160615 00:00:00.000' ACCOUNTING PERIOD: 12/16 FUND - 001 - GENERAL FUND 116662 CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION 10100 116649 06/02/16 DELTADEN DELTA DENTAL 001 10100 116650 06/02/16 DEVIMAYA MAYA DEVI 0015350 10100 116651 06/02/16 DMPR4LLC DMPR 4 LLC 0014090 10100 116652 06/02/16 ESPINOJO JOSUE PABLO ESPINO 001 10100 116652 06/02/16 ESPINOJO JOSUE PABLO ESPINO 001 10100 116652 06/02/16 ESPINOJO JOSUE PABLO ESPINO 001 TOTAL CHECK 10100 116653 06/02/16 EXTERMIN EXTERMINETICS OF SO CAL 0015340 10100 116653 06/02/16 EXTERMIN EXTERMINETICS OF SO CAL 0015340 10100 116653 06/02/16 EXTERMIN EXTERMINETICS OF SO CAL 0015333 10100 116653 06/02/16 EXTERMIN EXTERMINETICS OF SO CAL 0015340 10100 116653 06/02/16 EXTERMIN EXTERMINETICS OF SO CAL 0014093 10100 116653 06/02/16 EXTERMIN EXTERMINETICS OF SO CAL 0014093 10100 116653 06/02/16 EXTERMIN EXTERMINETICS OF SO CAL 0015333 10100 116653 06/02/16 EXTERMIN EXTERMINETICS OF SO CAL 0015340 TOTAL CHECK 10100 116654 06/02/16 FEDEX FEDEX 001 10100 116654 06/02/16 FEDEX FEDEX 0014090 TOTAL CHECK 10100 116655 06/02/16 FOOTBUIL FOOTHILL BUILDING MATERI 0014440 10100 116656 06/02/16 FRANCHIS FRANCHISE TAX BOARD 001 10100 116657 06/02/16 GATEWAYC GATEWAY CORPORATE CENTER 0014093 10100 116657 06/02/16 GATEWAYC GATEWAY CORPORATE CENTER 0014093 TOTAL CHECK 10100 116658 06/02/16 HAMMONDC HAMMOND CONTRUCTION SERV 0014093 10100 116659 06/02/16 HIROSEJE JEFFREY HIROSE 0015350 10100 116660 06/02/16 JOEGONSA JOE A. GONSALVES & SON I 0014030 10100 116660 06/02/16 JOEGONSA JOE A. GONSALVES & SON I 0014030 10100 116660 06/02/16 JOEGONSA JOE A. GONSALVES & SON I 0014030 TOTAL CHECK 10100 116661 10100 116662 10100 116663 10100 116664 10100 116665 06/02/16 KATZOKIT KOA CORPORATION 0015554 06/02/16 LEEJULIA JULIA LEE 001 06/02/16 LEVYLOUI LOUISE L LEVY 0015350 06/02/16 SETIAWAN LINA SETIAWAN 001 06/02/16 LASPARKS LOS ANGELES SPARKS 0015350 -----DESCRIPTION------ SALES TAX JUNE 2016 PPO DENTAL 0.00 CONTRACT CLASS -SPRING 0.00 STORAGE RENTAL -JUNE 0.00 ADMIN FEE ADMIN FEE PLANNING SERVICES ONCA PEST CONTROL -MAY 2016 PEST CONTROL -MAY 2016 PEST CONTROL -MAY 2016 PEST CONTROL -MAY 2016 PEST CONTROL -MAY 2016 PEST CONTROL -MAY 2016 PEST CONTROL -MAY 2016 PEST CONTROL -MAY 2016 E/MAIL PL2014-0343 EXPRESS MAIL -GENERAL SUPPLIES -SANDBAGS WH ORDER PP 12/16 CAPITAL CONTRIBUTION ASSOCIATION DUES REMODEL-SUMMITRIDGE CONTRACT CLASS -SPRING LEGISLATIVE SVCS -MAY LEGISLATIVE SVCS -JUNE QUARTERLY FILING TRFFC MGMT SVCS RECREATION REFUND CONTRACT CLASS -SPRING FACILITY REFUND EXCURSION -DAY CAMP 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 AMOUNT 4,212.22 350.40 1,411.00 -239.40 239.40 1,330.00 1,330.00 30.00 40.00 40.00 50.00 50.00 65.00 75.00 225.00 575.00 33.43 69.37 102.80 427.72 155.17 184.00 1,601.00 1,785.00 4,200.00 48.00 0.00 3,000.00 0.00 3,000.00 0.00 45.00 0.00 6,045.00 0.00 1,550.00 0.00 104.00 0.00 824.40 0.00 325.00 0.00 1,800.00 SUNGARD PENTAMATION INC PAGE NUMBER: 3 DATE: 06/15/2016 CITY OF DIAMOND BAR ACCTPA21 TIME: 10:05:34 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date between 120160602 00:00:00.000' and '20160615 00:00:00.000' ACCOUNTING PERIOD: 12/16 FUND - 001 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION 10100 116666 06/02/16 GALVANLU LUCELLY GALVAN 001 10100 116667 06/02/16 LAULUCY LUCY LAU 001 10100 116668 06/02/16 POSTNET LW POSTNET INC 1155515 10100 116669 06/02/16 MAGICALS MAGICAL STEPS ACADEMY 0015350 10100 116670 06/02/16 MANAGEDH MANAGED HEALTH NETWORK 001 10100 116671 06/02/16 MOBILEIN MOBILE INDUSTRIAL SUPPLY 0015340 10100 116671 06/02/16 MOBILEIN MOBILE INDUSTRIAL SUPPLY 0015350 10100 116671 06/02/16 MOBILEIN MOBILE INDUSTRIAL SUPPLY 0015350 TOTAL CHECK 0.00 27.85 10100 116672 06/02/16 MOBILERE MOBILE RELAY ASSOCIATES 0014440 10100 116673 06/02/16 KIDZLOVE NORTH AMERICAN YOUTH ACT 0015350 10100 116674 06/02/16 PTS PACIFIC TELEMANAGEMENT S 0015340 10100 116675 06/02/16 PINEDALI LIZETTE PINEDA 0015350 10100 116676 06/02/16 PSI PROTECTION ONE INC 0014093 10100 116676 06/02/16 PSI PROTECTION ONE INC 0015333 10100. 116676 06/02/16 PSI PROTECTION ONE INC 0015340 TOTAL CHECK 0.00 905.00 10100 116677 06/02/16 PUBLICST PUBLIC STORAGE #23051 0014090 10100 116678 06/02/16 PYROCOMM PYRO COMM SYSTEMS INC 0015333 10100 116679 06/02/16 RFDICKSO R F DICKSON COMPANY INC 0015554 10100 116680 06/02/16 REGIONAL REGIONAL CHAMBER OF COMM 0014096 10100 116680 06/02/16 REGIONAL REGIONAL CnPIMER OF COMM 0014096 TOTAL CHECK 10100 116681 10100 116681 TOTAL CHECK 10100 116662 10100 116683 10100 116664 10100 116685 10100 116686 10100 116686 06/02/16 RKACONSU RKA CONSULTING GROUP 0015551 06/D2/16 RKACONSU ERA CONSULTING GROUP 0015551 06/02/16 RODRGUAD GUADALUPE D RODRIGUEZ 0014411 06/02/16 SHAHHARS HARSH SHAH 001 06/02/16 SHEPHERD SHERI SHEPHERD 0015350 06/02/16 SOCIALVO SOCIAL VOCATIONAL SERVIC 0015556 06/02/16 SCE SOUTHERN CALIFORNIA EDIS 0015333 06/02/16 SCE SOUTHERN CALIFORNIA EDIS 0015510 -----DESCRIPTION------ FACILITY REFUND FACILITY REFUND PRINT SVCS -WASTE MGMT CONTRACT CLASS -SPRING JUNE 2016 EAP PREM CYLINDER -ARGON CYLINDER -HELIUM HELIUM ULTRA HIGH REPEATER SVC -JUN 2016 CONTRACT CLASS -SPRING PARK PAY PHONES -JUNE CONTRACT CLASS -SPRING ALARM SVCS-C/HALL ALARM SVCS -DBC ALARM SVCS-S/CYN STORAGE RENTAL -JUNE ALARM SVCS-MAY-JUL ST SWEEPING SVCS -MAY SERVICE CONTRACT -MAR SERVICE CONTRACT -APR CONSULTING SVCS -APRIL CONSULTING SVCS -MARCH PROF SVCS-NBRHD WATCH FACILITY REFUND -DBC CONTRACT CLASS -WINTER LITTER REMOVAL -APRIL ELECT SVCS -DBC ELECT SVCS-T/CONTROL SALES TAX AMOUNT 0.00 0.00 160.00 0.00 0.00 0.00 1,130.00 0.00 0.00 576.88 0.00 1,243.20 0.00 134.40 0.00 8.00 0.00 8.00 0.00 62.00 0.00 78.00 0.00 78.75 0.00 2,791.60 O.DO 495.84 0.00 120.00 0.00 27.85 0.00 43.54 0.00 45.24 0.00 116.63 O.OD 327.00 0.00 135.D0 0.00 8,654.10 0.00 1,000.00 0.00 1,000.00 0.00 2,000.00 0.00 240.00 0.00 665.00 0.00 905.00 0.00 2,996.00 0.00 100.00 0.00 376.80 0.00 2,181.04 0.00 5,217.27 0.00 134.13 SUNGARD PENTAMATION INC DATE: 06/15/2016 CITY OF DIAMOND BAR TIME: 10:05:34 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date between '20160602 00:00:00.000' and '20160615 00:00:00.000' ACCOUNTING PERIOD: 12/16 001 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR 10100 116686 06/02/16 SCE 10100 116686 06/02/16 SCE 10100 116686 06/02/16 SCE 10100 116686 06/02/16 SCE 10100 116686 06/02/16 SCE 10100 116686 06/02/16 SCE 10100 116686 06/02/16 SCE 10100 116686 06/02/16 SCE 10100 116686 06/02/16 SCE 10100 116686 06/02/16 SCE 10100 116686 06/02/16 SCE 10100 116686 06/D2/16 SCE 10100 116686 06/D2/16 SCE 10100 116686 06/02/16 SCE 10100 116686 06/02/16 SCE 10100 116686 06/02/16 SCE 10100 116686 06/02/16 SC£ 10100 116686 06/02/16 SCE 10100 116686 06/02/16 SCE 1D100 116686 D6/02/16 SCE 10100 116666 D6/02/16 SCE 1D100 116686 06/02/16 SCE 10100 116686 06/02/16 SCE 10100 116686 06/02/16 SCE 10100 116686 -06/02/16 SCE TOTAL CHECK 0.00 10100 116687 10100 116687 TOTAL CHECK 10100 116688 10100 116689 10100 116669 10100 116689 TOTAL CHECK NAME FUND/DIVISION SOUTHERN CALIFORNIA EDIS 0015510 SOUTHERN CALIFORNIA EDIS 0015510 SOUTHERN CALIFORNIA EDIS 0015510 SOUTHERN CALIFORNIA EDIS 0015510 SOUTHERN CALIFORNIA EDIS 0015510 SOUTHERN CALIFORNIA EDIS 0015510 SOUTHERN CALIFORNIA EDIS 0015510 SOUTHERN CALIFORNIA EDIS 0015510 SOUTHERN CALIFORNIA EDIS 0015510 SOUTHERN CALIFORNIA EDIS 0015510 SOUTHERN CALIFORNIA EDIS 0015510 SOUTHERN CALIFORNIA EDIS 0015510 SOUTHERN CALIFORNIA EDIS 0015510 SOUTHERN CALIFORNIA EDIS 0015510 SOUTHERN CALIFORNIA EDIS 0015510 SOUTHERN CALIFORNIA EDIS 0015510 SOUTHERN CALIFORNIA EDIS 0015510 SOUTHERN CALIFORNIA EDIS 0015510 SOUTHERN CALIFORNIA EDIS 0015510 SOUTHERN CALIFORNIA EDIS 0015510 SOUTHERN CALIFORNIA EDIS 0015510 SOUTHERN CALIFORNIA EDIS 0015510 SOUTHERN CALIFORNIA EDIS 0015510 SOUTHERN CALIFORNIA E➢IS 0015510 SOUTHERN CALIFORNIA EDIS 0015510 06/02/16 SPARKLET SPARKLETTS 06/02/16 SPARKLET SPARKLETTS -----DESCRIPTION------ SALES TAX ELECT SVCS-T/CONTROL 0.00 0015551 ELECT SVCS-T/CONTROL 0.00 0015350 ELECT SVCS-T/CONTROL 0.00 0015350 ELECT SVCS-T/CONTROL 0.00 0015350 ELECT SVCS-T/CONTROL 0.00 0015350 ELECT SVCS-T/CONTROL 0.00 0014060 ELECT SVCS-T/CONTROL 0.00 0015350 ELECT SVCS-T/CONTROL 0.00 ELECT SVCS-T/CONTROL 0.00 ELECT SVCS-T/CONTROL 0.00 ELECT SVCS-T/CONTROL 0.00 ELECT SVCS-T/CONTROL 0.00 ELECTSVCS-T/CONTROL 0.00 ELECT SVCS-T/CONTROL 0.00 ELECT SVCS-T/CONTROL 0.00 ELECT SVCS-T/CONTROL 0.00 ELECT SVCS-T/CONTROL 0.00 ELECT SVCS-T/CONTROL 0.00 ELECT SVCS-T/CONTROL 0.00 ELECT SVCS-T/CONTROL 0.00 ELECT SVCS-T/CONTROL 0.00 ELECT SVCS-T/CONTROL 0.00 ELECT SVCS-T/CONTROL 0.00 ELECT SVCS-T/CONTROL 0.00 ELECT SVCS-T/CONTROL 0.00 0.00 0014090 WATER SUPPLIES-C/HALL 0.00 0014090 EQ RENTAL-C/HALL 0.00 0.00 06/02/16 SPORTSUP SPORT SUPPLY GROUP INC 0015350 06/02/16 STANDARD STANDARD INSURANCE COMPA 001 06/02/16 STANDARD STANDARD INSURANCE COMPA 001 06/02/16 STANDARD STANDARD INSURANCE COMPA 001 10100 116690 06/02/16 STATEOFC STATE OF CALIFORNIA 0015551 101D0 116691 06/02/16 TAMSIUKI SIU KI TAM 0015350 10100 116692 06/02/16 THELEARN THE LEARNING CENTERS AT 0015350 10100 116693 06/02/16 TRIFYTTS TRIFYTT SPORTS LLC 0015350 10100 116694 06/02/16 TUCKERRA RAYMOND MICHAEL TUCKER 0015350 10100 116695 06/02/16 USHEALTH US HEALTHWORKS MEDICAL G 0014060 10100 116696 06/02/16 VALLEYTR VALLEY TROPHY 0015350 SUPPLIES -SOFTBALLS 0.00 JUNE 2016 SUPP LIFE 0.00 JUNE 2016 STD/LTD INS 0.00 JUNE 2016 LIFE INS 0.00 0.00 MEMBRSHP RENWAL-YOUNG 0.00 CONTRACT CLASS -SPRING O.OD EXCURSION -DAY CAMP 0.00 CONTRACT CLASS -WINTER 0.00 CONTRACT CLASS -SPRING 0.00 PRE-EMPLYMNT PHYSICAL 0.00 TROPHIES -ADULT BSKBAL 0.00 PAGE NUMBER: ACCTPA21 2uevA 1 113.93 95.72 82.66 85.87 86.69 88.27 78.11 73.91 64.09 67.77 26.63 27.65 32.93 34.61 34.61 34.61 34.86 41.83 43.25 45.89 51.90 53.80 55.81 60.95 61.52 6,829.27 197.16 2.99 200.15 335.12 363.00 2,003.39 903.93 3,270.32 115.00 504.00 770.00 3,304.80 390.60 423.00 89.38 4 SUNGARD PENTAMATION INC PAGE NUMBER: 5 DATE: 06/15/2016 CITY OF DIAMOND BAR ACCTPA21 TIME: 10:05:34 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date between 120160602 00:00:00.000' and '20160615 00:00:00.000' ACCOUNTING PERIOD: 12/16 -----DESCRIPTION------ SALES TAX DEF COMP CONT/LOAN FUND - 001 - GENERAL FUND DEF COMP CONT/LOAN CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION 10100 116697 06/02/16 VANTAGEP VANTAGEPOINT TRNSFR AGNT 001 10100 116697 06/02/16 VANTAGEP VANTAGEPOINT TRNSFR AGNT 001 TOTAL CHECK FACILITY RENTAL 0.00 10100 116698 06/02/16 VSP VISION SERVICE PLAN 001 10100 116699 06/02/16 WVUSD WALNUT VALLEY UNIFIED SC 0015350 10100 116699 06/02/16 WVUSD WALNUT VALLEY UNIFIED SC 0015350 10100 116699 06/02/16 WVUSD WALNUT VALLEY UNIFIED SC 0015350 TOTAL CHECK EARTH DAY ACTIVITIES 10100 116700 06/02/16 WAXIESAN WAXIE SANITARY SUPPLY 0014093 10100 116700 06/02/16 WAXIESAN WAXIE SANITARY SUPPLY 0014093 TOTAL CHECK SECURITY GUARD SVCS 10100 116701 06/02/16 WKEINC WKS INC 0014030 10100 116702 06/02/16 TONGXIAO XIAODI TONG 001 101D0 116704 06/08/16 KASTDIEU DIEUWERTJE KAST 1155515 10100 116704 V 06/08/16 KASTDIEU DIEUWERTJE KAST 1155515 TOTAL CHECK 0.00 10100 116705 06/08/16 KASTDIEU DIEUWERTJE KAST 1155515 10100 116706 06/09/16 ACCESSCO ACCESS CONTROL SECURITY 0015333 10100 116707 06/09/16 AFLAC AFLAC 001 10100 116708 06/09/16 AL13ERTSO ALBERTSONS LLC 0015350 10100 116708 06/09/16 ALBERTSO ALBERTSONS LLC 0015333 TOTAL CHECK 10100 116709 06/09/16 ALPITONY TONY ALPI 001 10100 116710 06/09/16 AMERICAS AMERICAN CAB LLC 1135553 10100 116711 06/09/16 AMERITEC AMERITECH BUSINESS SYSTE 0014090 10100 116712 06/09/16 ARCIMAGI ARC IMAGING RESOURCES 0014070 10100 116712 06/09/16 ARCIMAGI ARC IMAGING RESOURCES OD14070 TOTAL CHECK 10100 116713 06/09/16 ARCHTERR ARCHITERRA DESIGN GROUP 2505310 10100 116713 06/09/16 ARCHTERR ARCHITERRA DESIGN GROUP 2505310 TOTAL CHECK 10100 116714 06/09/16 BARRONJO JOHANNA BARRON 001 10100 116715 06/09/16 BEASLEYO OTTO BEASLEY 001 10100 116716 06/09/16 BENESYST BENESYST 0014060 -----DESCRIPTION------ SALES TAX DEF COMP CONT/LOAN 0.00 DEF COMP CONT/LOAN 0.00 0.00 JUNE 2016 VISION INS 0.00 FACILITY RENTAL 0.00 FACILITY RENTAL 0.00 FACILITY RENTAL 0.00 0.00 SUPPLIES-C/HALL 0.00 SUPPLIES-C/HALL 0.00 0.00 FY15/16 57/60 FASTLAN 0.00 FACILITY REFUND 0.00 EARTH DAY ACTIVITIES 0.00 EARTH DAY ACTIVITIES 0.00 0.00 EARTH DAY ACTIVITIES 0.00 SECURITY GUARD SVCS 0.00 MAY 16-SUPP INS PREM 0.00 SUPPLIES-REC 0.00 SUPPLIES -DBC 0.00 0.00 FACILITY REFUND-S/CYN 0.00 DIAMOND RIDE SVCS -APR 0.00 COPIER SVCS -APR 2016 0.00 PRINTER SVCS-I.T. - 0.00 ANNL MAINT SVCS-I.T. 0.00 0.00 PROF.SVCS-L/VIEW PARK 0.00 PROF.SVCS-STAR DUST P 0.00 0.00 FACILITY REFUND -DBC 0.00 FACILITY REFUND-P/GRW 0.00 FSA FUNDING-H/R 0.00 AMOUNT 3,629.67 31,447.86 35,077.53 1,666.07 567.00 588.00 4,872.00 6,027.00 206.36 612.53 818.89 8,030.00 555.00 500.00 -500.00 0.00 500.00 1,098.50 1,766.80 575.14 69.68 644.82 50.00 26,129.50 1,395.72 33.67 1,285.00 1,318.67 1,840.00 1,840.00 3,680.00 claoxelf 200.00 184.18 SUNGARD PENTAMATION INC PAGE NUMBER: 6 DATE: 06/15/2016 CITY OF DIAMOND BAR ACCTPA21 TIME: 10:05:34 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date between 120160602 00:00:00.000' and '20160615 00:00:00.000' ACCOUNTING PERIOD: 12/16 FUND - 001 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION -----DESCRIPTION------ SALES TAX AMOUNT 10100 116717 06/09/16 BUCKNANC NANCY BUCK 001 FACILITY REFUND-PNTRA 0.00 100.00 10100 116718 06/09/16 CARRENBO BONNIE CARREN DOI FACILITY REFUND-HRTGE 0.00 50.00 10100 116719 06/09/16 CITYOFIN CITY OF INDUSTRY 2SO551D REIMB-LBMON AVE 0.00 293,521.06 10100 116720 06/09/16 CONFETTI CONFETTI FX PLANET 0015350 SUPPLIES -CITY B/DAY 0.00 338.20 10100 116721 06/09/16 DAPEERRO DABBER ROSENBLIT & LITVA 0014020 LEGAL SVCS-DECORAH O.OD 205.00 10100 116721 06/09/16 DAPEERRO DABBER ROSENBLIT & LITVA 0014020 LEGAL SVCS -APR 2016 0.00 17,773.69 TOTAL CHECK 0.00 17,978.69 10100 116722 06/09/16 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 PROF.SVCS-PL 15-48 0.00 320.00 10100 116722 06/09/16 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 ADMIN FEES -PL 13-229 0.00 -9.14 10100- 116722 06/09/16 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 ADMIN FEES -PL 13-229 0.00 9.14 10100 116722 06/09/16 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 ADMIN FEES -PL 15-528 0.00 44.17 10100 116722 06/09/16 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 ADMIN FEES -PL 13-229 0.00 -519.47 10100 116722 06/09/16 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 ADMIN FEES -PL 12-164 O.OD -311.39 10100 116722 06/09/16 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 ADMIN FEES -PL 15-48 0.00 -111.60 101D0 116722 06/09/16 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 ADMIN FEES -PL 14-343 0.00 -99.36 10100 116722 06/09/16 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 ADMIN FEES -PL 14-579 0.00 -88.19 IO1DD 116722 06/09/16 DAVIDEVA DAVID EVANS AND ASSOCIAT DO1 ADMIN FEES -PL 13-465 0.00 -86.40 10100 116722 06/09/16 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 ADMIN FEES -PL 13-104 - 0.00 -64.80 10100 116722 06/09/16 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 ADMIN FEES -PL 15-48 0.00 -57.60 10100 116722 06/09/16 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 ADMIN FEES -PL 15-528 0.00 -44.17 10100 116722 06/09/16 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 PROF.SVCS-PL 13-229 0.00 50.76 10100 116722 06/09/16 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 ADMIN FEES -PL 15-48 0.00 57.60 10100 116722 06/09/16 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 ADMIN FEES -PL 13-104 0.00 64.80 10100 116722 06/09/16 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 ADMIN FEES -PL 14-343 0.00 99.36 10100 116722 06/09/16 DAVIDEVA DAVID EVANS AND ASSOCIAT DO1 ADMIN FEES -PL 15-48 0.00 111.60 IOIOD 116722 06/09/16 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 ADMIN FEES -PL 13-465 0.00 86.40 10100 116722 06/D9/16 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 ADMIN FEES -PL 14-579 0.00 88.19 10100 116722 06/09/16 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 PROF.SVCS-PL 13-229 0.00 2,885.96 10100 116722 06/D9/16 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 ADMIN FEES -PL 12-164 0.00 311.39 10100 116722 06/09/16 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 PROF.SVCS-PL 15-528 0.00 245.40 10100 116722 06/09/16 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 PROF.SVCS-PL 13-104 0.00 360.00 10100 116722 06/09/16 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 PROF.SVCS-PL 12-164 0.00 1,729.92 10100 116722 06/09/16 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 PROF.SVCS-PL 13-465 0.00 480.00 10100 116722 06/09/16 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 PROF.SVCS-PL 14-579 0.00 489.92 10100 116722 06/09/16 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 ADMIN FEES -PL 13-229 0.00 519.47 10100 116722 06/D9/16 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 PROF.SVCS-PL 14-343 0.00 552.00 1D100 116722 06/09/16 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 PROF.SVCS-PL 15-48 D.OD 620.00 TOTAL CHECK 0.00 7,733.96 10100 116723 06/09/16 DEMSEYFI DEMSEY, FILLIGER AND ASS 0014050 CONSULTANT SVCS -MAY 0.00 3,000.00 10100 116724 06/09/16 DENNISCA CAROL A DENNIS 0015310 PROF.SVCS-P & R MTG 0.00 100.00 10100 116724 06/09/16 DENNISCA CAROL A DENNIS 0015510 PROF.SVCS-T &T COMM 0.00 50.00 10100 116724 06/09/16 DENNISCA CAROL A DENNIS 0015510 PROF.SVCS-T & T COMM 0.00 100.00 10100 116724 06/09/16 DENNISCA CAROL A DENNIS 0015510 PROF.SVCS-T & T COMM 0.00 125.00 TOTAL CHECK 0.00 375.00 SUNGARD PENTAMATION INC PAGE NUMBER: 7 DATE: 06/15/2016 CITY OF DIAMOND BAR ACCTPA21 TIME: 10:05:34 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date between '20160602 00:00:00.000' and 120160615 00:00:00.000' ACCOUNTING PERIOD: 12/16 FUND - 001 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION -----DESCRIPTION------ SALES TAX AMOUNT 10100 116725 06/09/16 DEPTOFTR DEPT OF TRANSPORTATION 0015554 TRAFFIC SIGNAL MAINT 0.00 2,161.64 10100 116726 06/09/16 DHMAINTEDH MAINTENANCE 0015333 ADDL MAINT SVCS -DHC 0.00 500.00 10100 116727 06/09/16 YMCA DIAMOND BAR/WALNUT YMCA 1255215 CDBG-YMCA CHILD CARE 0.00 386.51 10100 116727 06/09/16 YMCA DIAMOND BAR/WALNUT YMCA 1255215 CDBG-YMCA CILD CARE 0.00 632.59 10100 116727 06/09/16 YMCA DIAMOND BAR/WALNUT YMCA 1255215 CDBG-YMCA CHILD CARE 0.00 692.69 10100 116727 06/09/16 YMCA DIAMOND BAR/WALNUT YMCA 1255215 CDBG-YMCA CHILD CARE 0.00 913.68 10100 116727 06/09/16 YMCA DIAMOND BAR/WALNUT YMCA 1255215 CDBG-YMCA CHILD CARE O.DO 1,141.77 TOTAL CHECK 0.00 3,767.24 10100 116728 06/09/16 ECOFERTI ECOFERT INC 0015340 FERTIGATION SVCS -MAY 0.00 290.00 10100 116729 06/09/16 PROFORMA ELEMENT 7, LLC 1155515 SUPPLIES-SMRT GRDNING 0.00 435.72 1010D 116730 06/09/16 ELLIOTTM MARIA ELLIOTT 001 RECREATION REFUND 0.00 325.00 10100 116731 06/09/16 EMERALD EMERALD LANDSCAPE SERVIC 0014093 ADDL MAINT-CITY HALL 0.00 43.45 10100 116732 06/09/16 EFCW EVANGELICAL FREE CHURCH 001 FACILITY REFUND-PNTRA 0.00 200.00 10100- 116733 06/09/16 EXCELLAN EXCEL LANDSCAPE INC 0015340 LANDSCAPE MAINT-PARK 0.00 325.00 10100 116733 06/09/16 EXCELLAN EXCEL LANDSCAPE INC 1415541 LANDSCAPE MAINT-#41 0.00 4,143.87 10100 116733 06/09/16 EXCELLAN EXCEL LANDSCAPE INC 1385538 LANDSCAPE MAINT-#38 0.00 10,848.00 1D100 116733 06/09/16 EXCELLAN EXCEL LANDSCAPE INC 1395539 LANDSCAPE MAINT-#39 0.00 11,610.95 TOTAL CHECK 0.00 26,927.82 10100 -116734 06/09/16 EXECUTIV EXECUTIVE PROMOTIONAL PR 0014095 PROMO SUPPLIES-P/INFO 0.00 386.70 10100 116735 06/09/16 EXPRESSM EXPRESS MAIL CORPORATE A 0014090 E/MAIL SVCS-PLNG 0.00 20.66 10100 116735 06/09/16 EXPRESSM EXPRESS MAIL CORPORATE A 001 E/MAIL SVCS -PL 15-550 0.00 20.66 10100 116735 06/09/16 EXPRESSM EXPRESS MAIL CORPORATE A 001 E/MAIL SVCS -PL 15-395 0.00 41.32 10100 116735 06/09/16 EXPRESSM EXPRESS MAIL CORPORATE A 001 E/MAIL SVCS -PL 15-03 0.00 41.32 10100 116735 06/09/16 EXPRESSM EXPRESS MAIL CORPORATE A 001 E/MAIL SVCS -PL 15-47 0.00 41.32 TOTAL CHECK 0.00 165.28 10100 116736 06/09/16 EXTERMIN EXTERMINETICS OF SO CAL 0014093 RODENT CONTROL-C/HALL O.OD 150.00 10100 116737 06/09/16 FEHRPEER FEHR & PEERS 0015551 PROF.SVCS-ENG 0.00 349.65 10100 116737 06/D9/16 FEHRPEER FEHR & PEERS 0015551 SIGNAL SYS SVCS -FEB 0.00 2,358.23 10100 116737 06/D9/16 FEHRPEER FEHR & PEERS 0015551 SIGNAL SYSTEM -MAR 0.00 4,065.86 TOTAL CHECK 0.00 6,773.74 10100 116738 06/09/16 FRANCEPU FRANCE PUBLICATIONS INC 0014096 PUBLICATIONS-P/INFO 0.00 11950.00 10100 116739 06/09/16 FRANDESI DESIREE FRANKLIN 001 FACILITY REFUND-PNTRA 0.00 50.00 10100 116740 06/09/16 GABRIELE ERANNILA GABRIEL 001 FACILITY REFUND-M/HIL 0.00 50.00 10100 116741 06/09/16 GARGMAHE MAHENDRA GARG 0015510 T & T COMM MTG 0.00 90.00 SUNGARD PENTAMATION INC PAGE NUMBER: 8 DATE: 06/15/2016 CITY OF DIAMOND BAR ACCTPA21 TIME: 10:05:34 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transaCt.Ck_date between '20160602 00:00:00.000' and '20160615 00:00:00.000' ACCOUNTING PERIOD: 12/16 FUND - 001 - GENERAL FUND GRAFFITI REMOVAL SVCS 0.00 CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION 10100 116742 06/09/16 GRAFFITI GRAFFITI CONTROL SYSTEMS 0015230 10100 116743 06/09/16 GRANICUS GRANICUS INC 0014070 10100 116744 06/09/16 GRUNDYDA DAVID J. GRUNDY 0015350 10100 116745 06/09/16 HERNDONL LEW HERNDON 0015350 10100 116746 06/09/16 HIWAYSAF HI WAY SAFETY INC 0015554 10IDD 116747 06/09/16 HOFFMANS HOFFMAN SOUTHWEST CORP 0014093 1010D 116747 06/09/16 HOFFMANS HOFFMAN SOUTHWEST CORP 0014093 TOTAL CHECK MTG-CMGR, MCLEAN 0.00 SHERIFF BOOSTER MTG 10100 116748 06/09/16 HUANGSHI SHIN HUANG 0014411 10100 116749 06/09/16 IVHS HUMANE SOCIETY OF POMONA 0014431 10100 116750 06/09/16 INFANTEA ANGELICA INFANTE 001 ' 10100 116751 06/09/16 ITERIS ITERIS INC 0015554 10100 116752 06/09/16 JACKMARJ MARJORIE JACKSON 0014411 10100 116753 06/09/16 KENSHARD KENS HARDWARE 0015554 10100 116754 06/09/16 KATZOKIT KOA CORPORATION 0015554 - 10100 116755 06/09/16 LACASSES LA COUNTY ASSESSOR 0014070 10100 116756 06/09/16 LANCESOL LANCE, BOLL & LUNGHARD L 0014050 10100 116757 06/09/16 LEAGUE LEAGUE OF CALIFORNIA CIT 0014030 10100 116758 06/09/16 DBDELI AGADA LEE 0014090 10100 116758 06/09/16 DBDELI AGADA LEE 0014090 10100 116758 06/09/16 DBDELI AGADA LEE 0014440 TOTAL CHECK 10100 116759 06/09/16 LEEDENIS DENISE LEE 001 10100 11676D 06/09/16 LERMAMEG MEGHAN LERMA 001 10100 116761 06/09/16 LIANGBEN BENNY LIANG 0015350 10100 116762 06/09/16 LIUJIAHU JIAEUI LIU 001 10100 116763 06/09/16 MCBRIDEJ JAMES LOUIS MCBRIDE III 0014030 10100 116764 06/09/16 MCECORPO MCE CORPORATION 0015554 10100 116764 06/09/16 MCECORPO MCE CORPORATION 0015554 10100 116764 06/09/16 MCECORPO MCE CORPORATION 0015554 -----DESCRIPTION------ SALES TAX GRAFFITI REMOVAL SVCS 0.00 QTRLY MAINT-FEB/APR 0.00 P & R COMM MTG 0.00 P & R COMM MTG 0.00 EQ RENTAL -RD MAINT 0.00 PLUMBING SVCS-C/HALL 0.00 MAINT SVCS -CITY HALL 0.00 0.00 REPORT FOR REWARD 0.00 ANIMAL CNTRL SVCS -JUN 0.00 FACILITY REFUND-PNTRA 0.00 CONSULTANT SVCS -ENG 0.00 REPORT FOR REWARD 0.00 SUPPLIES -RD MAINT O.OD CONSULTANT SVCS -ENG O.OD SBG DATA -2016 0.00 AUDIT SVCS -YEAR END 0.00 MTG-CMGR, MCLEAN 0.00 SHERIFF BOOSTER MTG 0.00 LEAGUE MTG-MAY 25 0.00 MTG-CPR TRNG 0.00 0.00 RECREATION REFUND 0.00 FACILITY REFUND-PNTRA 0.00 P & R COMM MTG 0.00 RECREATION REFUND 0.00 VEH INSPECTION FEE 0.00 VEGETATION CONTROL 0.00 ROAD MAINTENANCE SVCS 0.00 STORM DRAIN MAINT 0.00 AMOUNT 2,912.00 618.00 45.00 45.00 1,321.80 387.00 3,400.00 3,787.00 500.00 10,273.50 50.00 380.00 250.00 404.55 2,095.00 403.30 9,000.00 80.00 121.94 106.86 147.20 376.02 47.00 100.00 45.00 160.00 375.00 9,547.99 477.59 43D.44 SUNGARD PENTAMATION INC PAGE NUMBER: 9 DATE: 06/15/2016 CITY OF DIAMOND BAR ACCTPA21 TIME: 10:05:34 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.Ck_date between '20160602 00:00:00.000' and '20160615 00:00:00.000' ACCOUNTING PERIOD: 12/16 FUND - 001 - GENERAL FUND CASH ACCT CHECK NO ISSUE IT VENDOR NAME FUND/DIVISION 10100 116764 06/09/16 MCECORPO MCE CORPORATION 0015554 TOTAL CHECK SUPPLIES-CMGR 0.00 MEMO CREDIT -DBC - 0.00 10100 116765 06/09/16 MCLEANRY RYAN MCLEAN O.OD 0014030 10100 116766 06/09/16 MEHTASUR SURENDRA MENTA SUPPLIES -GENERAL 0015510 10100 116767 06/09/16 MIRZAEIS SHOKOUFEH MIRZAEI 0.00 0015510 10100 116768 06/09/16 MORNINGS MORNINGSIDE SENIOR COMMU 001 10100 116769 06/09/16 OFFICESO OFFICE SOLUTIONS 0.00 0015510 10100 116769 06/09/16 OFFICESO OFFICE SOLUTIONS SUPPLIES -GENERAL 0015350 10100 116769 06/09/16 OFFICESO OFFICE SOLUTIONS 0014050 10100 116769 06/09/16 OFFICESO OFFICE SOLUTIONS 0.00 0014030 10100 116769 06/09/16 OFFICESO OFFICE SOLUTIONS 0015333 10100 116769 06/09/16 OFFICESO OFFICE SOLUTIONS 0014093 10100 116769 06/09/16 OFFICESO OFFICE SOLUTIONS 0015210 10100 116769 06/09/16 OFFICESO OFFICE SOLUTIONS 0015310 10100 116769 D6/09/16 OFFICESO OFFICE SOLUTIONS 0014060 10100 116769 06/09/16 OFFICESO OFFICE SOLUTIONS 0014090 10100 116769 06/09/16 OFFICESO OFFICE SOLUTIONS 0014030 10100 116769 06/09/16 OFFICESO OFFICE SOLUTIONS OD1531D 10100 116769 06/09/16 OFFICESO OFFICE SOLUTIONS 0015350 10100 116769 06/09/16 OFFICESO OFFICE SOLUTIONS 0014095 10100 116769 06/09/16 OFFICESO OFFICE SOLUTIONS 0014411 10100 116769 06/09/16 OFFICESO OFFICE SOLUTIONS 0014050 10100 116769 06/09/16 OFFICESO OFFICE SOLUTIONS 0015333 10100 116769 06/09/16 OFFICESO OFFICE SOLUTIONS 0015510 10100 116769 06/09/16 OFFICESO OFFICE SOLUTIONS 0015210 10100 116769 06/09/16 OFFICESO OFFICE SOLUTIONS 0014090 10100 116769 06/09/16 OFFICESO OFFICE SOLUTIONS 0015333 10100 116769 06/09/16 OFFICESO OFFICE SOLUTIONS 0014090 TOTAL CHECK 10100 116770 06/09/16 ORKININC ORKIN PEST CONTROL INC 1385538 10100 116770 06/09/16 ORKININC ORKIN PEST CONTROL INC 0015340 TOTAL CHECK 10100 116771 06/09/16 OTSULYNN LYNN OTSU 001 10100 116772 06/09/16 PAETECCO PAETEC COMMUNICATIONS IN 0014090 10100 116773 06/09/16 PECHYEDW EDWARD PECHY 0015510 10100 116774 06/09/16 PETRIEDA DAVID PETRIE 001 10100 116775 06/09/16 QUANCYNT CYNTHIA L QUAN 0015510 10100 116776 06/09/16 RANAARVI ARVIND RANA 001 10100 116777 06/09/16 REUELGRE GREGORY C REUEL 0014096 -----DESCRIPTION------ SALES TAX RIGHT OF WAY MAINT O.OD 0.00 REIMS-ICSC CONF 0.00 T & T COMM MTG 0.00 T & T COMM MTG 0.00 FACILITY REFUND -DEC 0.00 SUPPLIES-P/WORKS 0.00 SUPPLIES-REC 0.00 SUPPLIES -FINANCE 0.00 SUPPLIES-CMGR 0.00 MEMO CREDIT -DBC - 0.00 SUPPLIES -CONN? SVCS 0.00 SUPPLIES-PLNG O.OD SUPPLIES -COMM SVCS 0.00 SUPPLIES-H/R 0.00 SUPPLIES -GENERAL 0.00 SUPPLIES-CMGR 0.00 SUPPLIES -COMM SVCS 0.00 SUPPLIES-REC 0.00 SUPPLIES-P/INFO 0.00 SUPPLIES-P/SAFETY 0.00 SUPPLIES -FINANCE 0.00 SUPPLIES -DBC 0.00 SUPPLIES-P/WORKS 0.00 SUPPLIES-PLNG 0.00 SUPPLIES -GENERAL 0.00 SUPPLIES -DEC O.OD SUPPLIES -GENERAL 0.00 0.00 PEST CONTROL-B/CYN 0.00 PEST CONTROL-S/CYN 0.00 0.00 FACILITY REP UND-HRTGE 0.00 LONG DIS PH SVCS 0.00 T & T COMM MTG - 0.00 FACILITY REFUND-S/CYN 0.00 T & T COMM MTG 0.00 FACILITY REFUND -DBC 0.00 CONSULTANT SVCS-WBSTE 0.00 AMOUNT 2,704.81 13,160.83 197.64 135.00 90.00 350.00 323.11 398.44 50.03 54.49 -26.90 95.89 87.07 87.19 84.27 124.38 112.02 116.23 78.76 173.09 159.80 141.00 258.25 47.92 690.57 921.44 578.37 1,109.42 5,664.64 63.37 66.06 129.43 200.00 1,796.12 135.00 50.00 90.00 850.00 1.500.00 SUNGARD PENTAMATION INC DATE: 06/15/2016 CITY OF DIAMOND BAR TIME: 10:05:34 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date between '20160602 00:00:00.000' and 120160615 00:00:00.000' .ACCOUNTING PERIOD: 12/16 FUND - 001 - GENERAL FUND CASH ACCT CHECK NO ISSUE IT VENDOR NAME FUND/DIVISION -----DESCRIPTION------ SALES TAX 10100 116778 06/09/16 RIOSANTH ANTHONY RIOS 001 10100 116779 06/09/16 SGVCMA SAN GABRIEL VALLEY CITY 0014030 10100 116780 06/09/16 SCHORRME SCHORR METALS INC 0015340 10100 116781 06/09/16 SIEMENS SIEMENS INDUSTRY INC 0015554 10100 116781 06/09/16 SIEMENS SIEMENS INDUSTRY INC 0015554 10100 116781 06/09/16 SIEMENS SIEMENS INDUSTRY INC 0015554 TOTAL CHECK 10100 116782 06/09/16 SILVERAD SILVERADO STAGES INC 1125350 10100 116783 06/09/16 SIMPSONA SIMPSON ADVERTISING INC 0014095 10100 116783 06/09/16 SIMPSONA SIMPSON ADVERTISING INC 0014095 TOTAL CHECK 10100 116784 06/09/16 SCAQMD SO COAST AIR QUALITY MGT 0014090 10100 116785 06/09/16 SCAG SOUTHERN CALIFORNIA ASSC 001 10100 116786 06/09/16 SCE SOUTHERN CALIFORNIA EDIS 0015340 10100 116786 06/09/16 SCE SOUTHERN CALIFORNIA EDIS 0015333 10100 116786 06/09/15 SCE SOUTHERN CALIFORNIA EDIS 0015510 10100 116786 06/09/16 SCE SOUTHERN CALIFORNIA EDIS 0015510 10100 116786 06/09/16 SCE SOUTHERN CALIFORNIA EDIS 1415541 10100 116786 06/09/16 SCE SOUTHERN CALIFORNIA EDIS 0015510 10100 116786 06/09/16 SCE SOUTHERN CALIFORNIA EDIS 0015510 10100 116786 06/09/16 SCE SOUTHERN CALIFORNIA EDIS 0015510 10100 116786 06/09/16 SCE SOUTHERN CALIFORNIA EDIS 1385538 10100 116786 06/09/16 SCE SOUTHERN CALIFORNIA EDIS 1385538 10100 116786 06/09/16 SCE SOUTHERN CALIFORNIA EDIS 0015510 10100 116786 06/09/16 SCE SOUTHERN CALIFORNIA EDIS 1395539 10100 116786 06/09/16 SCE SOUTHERN CALIFORNIA EDIS 1365538 TOTAL CHECK 10100 116787 06/09/16 SCM SOUTHERN CALIFORNIA MUNI 0014060 10100 116788 06/09/16 SPARKLET SPARKLETTS 0015340 10100 116788 06/09/16 SPARKLET SPARKLETTS 0015340 10100 116788 06/09/16 SPARKLET SPARKLETTS 0015340 TOTAL CHECK 10100 116789 06/09/16 SULAKHEM MANISHA SULAKHE 0015350 10100 116790 06/09/16 SUNBELTR SUNBELT RENTALS 0015554 10100 116791 06/09/16 THECOMDY THE COMDYN GROUP INC 0014070 10100 116792 06/09/16 THESAUCE THE SAUCE CREATIVE SERVI 0014095 FACILITY REFUND-S/CYN SGVCMA ANNL WRKSHOP SUPPLIES -PARKS TRAFFIC SIGNAL MAINT TRAFFIC SIGNAL MAINT TRAFFIC SIGNAL MAINT SHUTTLE SVCS -CITY E/D GRAPHIC DESIGN SVCS GRAPHIC DESIGN SVCS RENTAL-MTG FACILITY ASSESSMENT DUES -16/17 ELECT SVCS -PARKS ELECT SVCS -DBC ELECT SVCS-T/CONTROL ELECT SVCS-T/CONTROL ELECT SVCS -DIST 41 ELECT SVCS-T/CONTROL ELECT SVCS-T/CONTROL ELECT SVCS-T/CONTROL ELECT SVCS -DIST 38 ELECT SVCS -DIST 38 ELECT SVCS-T/CONTROL ELECT SVCS -DIST 39 ELECT SVCS -DIST 38 AD-H/R SUPPLIES -WATER EQ RENTAL-S/CYN ENERGY SURCHARGE P & R COMM MTG EQ RENTAL -RD MAINT CONSULTING SVCS -5/13 PROF.SVCS-LENS PHOTO 0.00 0.00 0.0D 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 O.OD 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 � rr 0.00 0.00 0.00 0.00 0.00 0.00 0.00 O.OD PAGE NUMBER: 10 ACCTPA21 AMOUNT 50.00 60.00 65.98 4,160.00 4,160.00 13,813.19 22,133.19 3,456.00 601.81 1,081.83 1,683.64 2,207.62 5,483.00 3,304.01 5,477.83 135.65 205.10 249.38 179.16 183.25 313.61 51.96 26.83 2,226.65 433.28 491.22 13,279.93 150.00 9.36 12.00 2.00 23.36 45.00 283.34 1,975.22 1,335.15 SUNGARD PENTAMATION INC PAGE NUMBER: 11 DATE: 06/15/2016 CITY OF DIAMOND BAR ACCTPA21 TIME: 10:05:34 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: tranSaCt.Ck_date between 120160602 00:00:00.000' and '20160615 00:00:00.000' ACCOUNTING PERIOD: 12/16 FUND - DO1 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION -----DESCRIPTION----.-- SALES TAX AMOUNT 10100 116793 06/09/16JACKSONS TRADITIONAL AUTO SUPPLY 5205310 VEH MAINT-COMM SVCS 0.00 260.81 10100 116794 06/09/16 TRENCHPL TRENCH PLATE RENTAL CO 0015554 EQ RENTAL -RD MAINT 0.00 415.50 10100 116795 06/09/16 USBANK US BANK 0014050 CITY CREDIT CARD -MAY O.OD 26,856.06 10100 116796 06/09/16 VALLEYCR BRIGHTVIEW LANDSCAPE SER 0015340 ADDL MAINT-PETERSON 0.00 427.81 10100 116796 06/09/16 VALLEYCR BRIGHTVIEW LANDSCAPE SER 0015333 LANDSCAPE MAINT-MAY 0.00 5,645.47 10100 116796 06/09/16 VALLEYCR BRIGHTVIEW LANDSCAPE SER 0015340 LANDSCAPE MAINT-MAY 0.00 25,504.11 TOTAL CHECK 0.00 31,577.39 10100 116797 06/09/16 NARCISOE EVARISTA NARCISO 001 FACILITY REFUND-HRRGE 0.00 200.00 10100 116798 06/09/16 VERIZONW VERIZON WIRELESS 0014090 CELL CHRG-P/W,C/S,C/D 0.00 1,199.18 10100 116799 06/09/16 VISIONIN VISION TECHNOLOGY SOLUTI 0014070 MONTHLY HOSTING SVCS 0.00 180.00 10100 116600 06/09/16 WALKERYO YOLANDA WALKER 001 FACILITY REFUND-HRTGE 0.00 200.00 10100 116801 06/09/16 WAXIESAN WAXIE SANITARY SUPPLY 0014093 JANITORIAL SUPPLIES 0.00 49.61 10100 116802 06/09/16 WESTCOAS WEST COAST ARBORISTS INC 0015558 WATER SVCS -APR 2016 O.OD 699.00 10100 116802 06/09/16 WESTCOAS WEST COAST ARBORISTS INC 0015558 WATERING SVCS -MAY 0.00 - 699.00 10100 116802 06/09/16 WESTCOAS WEST COAST ARBORISTS INC 0015558 TREE MAINT-APR 2016 0.00 859-.20 10100 116602 06/09/16 WESTCOAS WEST COAST ARBORISTS INC OD15558 TREE MAINT-MAY 0.00 1,062.63 10100 116802 06/09/16 WESTCOAS WEST COAST ARBORISTS INC 0015558 TREE MAINT-APR 2016 0.00 3,294.10 TOTAL CHECK 0.00 6,613.93 10100 116803 06/09/16 WC4EDIA WEST COAST MEDIA 0014095 AD -JUNE 2016 O.OD 500.00 10100 116804 06/09/16 WOODRUFF WOODRUFF SPRADLING & SMA OD14020 LEGAL SVCS -COMM SVCS 0.00 331.20 10100 116804 06/09/16 WOODRUFF WOODRUFF SPRADLING & SMA 0014020 LEGAL SVCS -INFO SYS 0.00 62.10 101D0 116804 06/09/16 WOODRUFF WOODRUFF SPRADLING & SMA 0014020 LEGAL SVCS-SANCHEZ 0.00 7,515.50 10100 116804 06/09/16 WOODRUFF WOODRUFF SPRADLING & SMA 0014020 LEGAL SVCS-H/R 0.00 82.80 10100 116804 06/09/16 WOODRUFF WOODRUFF SPRADLING & SMA 0014020 LEGAL SVCS-CMGR 0.00 1,283.40 10100 116804 06/09/16 WOODRUFF WOODRUFF SPRADLING & SMA 0014020 LEGAL SVCS -GENERAL 0.00 558.90 1D100 116804 06/09/16 WOODRUFF WOODRUFF SPRADLING & SMA 0014020 LEGAL SVCS -COMM DEV 0.00 1,718.10 10100 116804 06/09/16 WOODRUFF WOODRUFF SPRADLING & SMA 0014020 LEGAL SVCS -COUNCIL 0.00 1,759.50 10100 116804 06/09/16 WOODRUFF WOODRUFF SPRADLING & SMA 0014020 LEGAL SVCS-P/WORKS 0.00 972.90 TOTAL CHECK 0.00 14,284.40 10100 116805 06/09/16 ZAVALETA ANA ZAVALETA 001 RECREATION REFUND 0.00 400.00 10100 116806 06/09/16 ZOZAYAVE VELMA ZOZAYA 001 FACILITY REFUND-S/CYN 0.00 50.00 10iD0 06022016 06/02/16 PAYROLL PAYROLL TRANSFER 112 PR TRANSFER 12 -PP 16 0.00 3,283.09 10100 06022016 06/02/16 PAYROLL PAYROLL TRANSFER 113 PR TRANSFER 12 -PP 16 0.00 31659.00 10100 06022016 06/02/16 PAYROLL PAYROLL TRANSFER 115 PR TRANSFER 12 -PP 16 0.00 15,166.81 10100 06022016 06/02/16 PAYROLL PAYROLL TRANSFER 138 PR TRANSFER 12 -PP 16 0.00 1,436.13 10100 06022016 06/02/16 PAYROLL PAYROLL TRANSFER 139 PR TRANSFER 12 -PP 16 0.00 828.49 10100 06022016 06/02/16 PAYROLL PAYROLL TRANSFER 141 PR TRANSFER 12 -PP 16 0.00 696.00 10100 06022016 06/02/16 PAYROLL PAYROLL TRANSFER 001 PR TRANSFER 12 -PP 16 0.00 170,354.98 SUNGARD PENTAMATION INC DATE: 06/15/2016 CITY OF DIAMOND BAR TIME: 10:05:34 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date between '20160602 00:00:00.000' and '20160615 00:00:00.000' ACCOUNTING PERIOD: 12/16 001 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME TOTAL CHECK 10100 PP 10-11 06/09/16 PERSHEAL PERS HEALTH 10100 PP 10-11 06/09/16 PERSHEAL PERS HEALTH 10100 PP 10-11 06/09/16 PERSHEAL PERS HEALTH TOTAL CHECK 001 RETIREMENT CONTRIBUTIO 0.00 10100 PP 12/16 06/02/15 PERSRETI PERS RETIREMENT FUND 10100 PP 12/16 06/02/16 PERSRETI PERS RETIREMENT FUND 10100 PP 12/16 06/02/16 PERSRETI PERS RETIREMENT FUND TOTAL CHECK TOTAL CASH ACCOUNT TOTAL FUND FUND/DIVISION -----DESCRIPTION------ SALES TAX 0.00 OD1 JUNE 16 -HEALTH INS PRE 0.00 0014090 JUNE 16 -RETIREE HEALTH 0.00 0014060 JUNE 16 -HEALTH ADMIN F 0.00 0.00 001 RETIREMENT CONTRIBUTIO 0.00 001 RETIREMENT CONTRIBUTIO 0.00 001 RETIREMENT CONTRIBUTIO 0.00 0.00 0.00 0.00 PAGE NUMBER: 12 ACCTPA21 AMOUNT 195,424.50 39,496.38 625.00 136.17 40,257.55 230.82 27,218.30 47.43 27,496.55 1,013,811.26 1,013,811.26 SUNGARD PENTAMATION INC DATE: 06/15/2016 CITY OF DIAMOND BAR TIME: 10:05:34 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date between 120160602 00:00:00.000' and '20160615 00:00:00.000' ACCOUNTING PERIOD: 12/16 FUND - 160 - USED MOTOR OIL ELK GRT CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION 10100 116703 06/D2/16 POSTNET LW POSTNET INC 1605516 10100 116807 06/09/16 CLEARCHA CLEAR CHANNEL OUTDOOR IN 1605516 TOTAL CASH ACCOUNT TOTAL FUND -----DESCRIPTION------ SALES TAX PRINT SVCS -WASTE MGMT 0.00 PRINT SVCS -USED OIL 0.00 0.00 0.00 PAGE NUMBER: 13 ACCTPA21 AMOUNT 883.95 343.35 1,227.30 1,227.30 SUNGARD PENTAMATION INC DATE: 06/15/2016 CITY OF DIAMOND BAR TIME: 10:05:34 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date between '20160602 00:00:00.000' and '20160615 00:00:00.000' ACCOUNTING PERIOD: 12/16 FUND - 370 - PFA - DEBT SERVICE FD CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION 10100 06022016 06/02/16 UNIONBAN UNION BANK OF CALIFORNIA 3704090 10100 06022016 06/02/16 UNIONBAN UNION BANK OF CALIFORNIA 3704090 TOTAL CHECK TOTAL CASH ACCOUNT TOTAL FUND TOTAL REPORT -----DESCRIPTION------ SALES TAX BOND PRINCIPAL 0.00 BOND INTEREST - 0.00 0.00 0.00 0.00 0.00 PAGE NUMBER: 14 ACCTPA21 AMOUNT 385,000.00 233,727.21 618,727.21 618,727.21 618,727.21 1,633.765.77 CITY CQUNCIL Agenda # 6.5 Meeting Date: June 21, 2016 TO: Honorable Mayor and Members . f he City Council PVIA: James DeStefano, City Man Members TITLE: Approval of a two-year Agreement (FY 2016-18) with On -Line Transcription Services in the Amount Not -to -Exceed $25,000 per year to Provide Minute Secretarial Services for the City Council, Commissions and Committees. FINANCIAL SUMMARY: Budgeted in the City Council Approved FY 2016-18 Budget. BACKGROUND: The City of Diamond Bar has utilized the services of On -Line Transcription Services for Minute Secretarial Services for the City Council, Planning Commission, Traffic and Transportation, Parks and Recreation Commission Minutes and other committees since July 1, 2004. On -Line Transcription Services has been providing outstanding service to staff in the preparation of draft Minutes for the City Council and Commissions, and is on the Approved Vendor's List. Additionally, On-line Transcription Services has agreed to the current hourly rate structure of $25 per hour, with the maximum amount not to exceed $25,000 per year. Therefore, staff recommends approval of an Agreement from July 1, 2016 to June 30, 2018. PREPARED BY: TommV_e Cribbins, City Clerk REVIEWED BY: Ryan McCan\,peputy City Manager FINANCE APPROVAL: ONLINE TRANSCRIPTION Z18Pennsylvania Avenue Walsenburg, CO 81089 June 13,2OI6 TonnmyeChbbims,City Clerk City ofDiamond Bar 2IDlOCopley Drive Diamond Bar, CA9I765 Dear Mrs. Cribbins, i Carol A. Dennis, Owner, Online Transcription, hereby submit for your consideration my offer and willingness to continue providing the City of Diamond Bar all meeting minutes under the direct supervision ofTonnmyeChbbins,City Clerk, which may include but /snot limited to, the following meetings atthe same hourly transcription rate of$J5.00: CITY COUNCIL: PLANNING COMMISSION: PARKS & REC COMMISSION: T&JCOK4M|530N 2ormore regular and special meetings each month, as directed by staff; 2ormore regular and special meetings including AR meetings each month, as directed by staff; lmmore regular and special meetings each month, Iormore regular and special meetings each month, as directed by staff Thank you for your consideration in this matter. Carol A.Dennis, Owner Online Transcription 218 Pennsylvania Avenue -2 - Addendum to Online Transcription offer to renew contract dated May 13, 2016 Since the City of Diamond Bar will be updating its General Plan during the next two or three fiscal years and because I was very involved in the typing and editing of the original General Plan that was presented to the City Council for approval, I hereby offer and would look forward to assisting the City during the update process in anyway it deems appropriate. If the City wishes to engage my services for this project, I am open to discussing the details of a special agreement that is appropriate for the scope of work and deadlines that will enure to the benefit the City. Respectfully, /s/ Carol A. Dennis Carol A. Dennis, Owner Online Transcription CONSULTING SERVICES AGREEMENT THIS AGREEMENT is made as of July 1, 2016 , by and between the City of Diamond Bar, a municipal corporation ("City") and On-line Transcription Services, ("Consultant"). RECITALS A. City desires to utilize the services of Consultant as an independent contractor to provide Minute Secretarial services to City as set forth in Exhibit "A". B. Consultant represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expertise of its principals and employees. NOW, THEREFORE, in consideration of performance by the parties of the covenants and conditions herein contained, the parties hereto agree as follows: 1. Consultant's Services. A. Scope of Services. The nature and scope of the specific services to be performed by Consultant are as described in Exhibit "A". 2. Term of Agreement. This Agreement shall take effect July 1, 2016, and shall continue until June 30, 2018. 3. Compensation. City agrees to compensate Consultant for each service which Consultant performs to the satisfaction of City in compliance with the schedule set forth in Exhibit "A." Payment will be made only after submission of proper invoices in the form specified by City. Total payment to Consultant pursuant to this Agreement shall not exceed Twenty -Five Thousand Dollars ($25,000) per year. 4. General Terms and Conditions. In the event of any inconsistency between the provisions of this Agreement and Consultant's proposal, the provisions of this Agreement shall control. 5. Addresses. City: James DeStefano, City Manager City of Diamond Bar 21825 Copley Drive Diamond Bar, CA 91765-4178 Consultant: Carol Dennis On -Line Transcription Services 218 Pennsylvania Avenue Walsenburg, CO 81089-1538 6. Status as Independent Contractor. A. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City. B. Consultant agrees to pay all required taxes on amounts paid to Consultant under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. In the event that City is audited by any Federal or State agency regarding the independent contractor status of Consultant and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between City and Consultant, then Consultant agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto. C. Consultant shall fully comply with the workers' compensation law regarding Consultant and Consultant's employees. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City —from—Consultant as—a—result—of—Consultant-'s—failure—to—promptly—pa-y—to--City—an,( reimbursement or indemnification arising under this Section 6. D. Consultant shall, at Consultant's sole cost and expense fully secure and comply with all federal, state and local governmental permit or licensing requirements, including but not limited to the City of Diamond Bar, South Coast Air Quality Management District, and California Air Resources Board. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with the requirements in Section 6. Additionally, the City shall have the right to offset against the amount of any fees due to Consultant under this Agreement for any amount or penalty levied against the City for Consultant's failure to comply with Section 6. 7. Standard of Performance. Consultant shall perform all work at the standard of care and skill ordinarily exercised by members of the profession under similar conditions. 8. Indemnification. Consultant shall indemnify, defend with counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with Consultant 's performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, regardless of City's passive negligence, but excepting such loss or damage which is caused by the sole active negligence or willful misconduct of the City. Should City in its sole discretion find Consultant's legal counsel unacceptable, then Consultant shall reimburse the City its costs of defense, including without limitation reasonable attorneys fees, expert fees and all other costs and fees of litigation. The Consultant shall promptly pay any final judgment rendered against the City (and its officers, officials, employees and volunteers) covered by this indemnity obligation. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement. 9. Termination. Either party may terminate this Agreement with or without cause upon fifteen (15) days' written notice to the other party. However, Consultant shall not terminate this Agreement during the provision of services on a particular project. The effective date of termination shall be upon the date specified in the notice of termination, or, in the event no date is specified, upon the fifteenth (15th) day following delivery of the notice. In the event of such termination, City agrees to pay Consultant for services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written notice of termination, Consultant shall discontinue performing services. 10. Personnel. Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Consultant or under it supervision, and all personnel engaged in the work shall be qualified to perform such -- services. Consultant reserves—the—right to—dete- r-mine—the—assignment—of—its—own- employees to the performance of Consultant's services under this Agreement, but City reserves the right, for good cause, to require Consultant to exclude any employee from performing services on City's premises. FlIll,iillf I•I Z9 A. Consultant shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement, and will comply with all rules and regulations of City relating thereto. Such nondiscrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. B. Consultant will, in all solicitations or advertisements for employees placed by or on behalf of Consultant state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. C. Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials. 12. Assignment. Consultant shall not assign or transfer any interest in this Agreement nor the performance of any of Consultant's obligations hereunder, without the prior written consent of City, and any attempt by Consultant to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect. 13. Compliance with Laws. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. 14. Non -Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 15 Attorney's Fees. In the event that either party to this Agreement shall commence any legal or equitable action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees and costs, including -cost -s -of -expert -witnesses -and -consultants. 16. Mediation. Any dispute or controversy arising under this Agreement, or in connection with any of the terms and conditions hereof, shall be referred by the parties hereto for mediation. A third party, neutral mediation service shall be selected, as agreed upon by the parties and the costs and expenses thereof shall be borne equally by the parties hereto. In the event the parties are unable to mutually agree upon the mediator to be selected hereunder, the City Council shall select such a neutral, third party mediation service and the City Council's decision shall be final. The parties agree to utilize their good faith efforts to resolve any such dispute or controversy so submitted to mediation. It is specifically understood and agreed by the parties hereto that referral of any such dispute or controversy, and mutual good faith efforts to resolve the same thereby, shall be conditions precedent to the institution of any action or proceeding, whether at law or in equity with respect to any such dispute or controversy. 17. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during regular business hours or by facsimile before or during regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section. 18. Governing Law. This Contract shall be interpreted, construed and enforced in accordance with the laws of the State of California. 19. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument. 20. Entire Agreement. This Agreement, and any other documents incorporated herein by specific reference, represent the entire and integrated agreement between Consultant and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by the City Manager or the Mayor and attested by the City Clerk. 21. Exhibits. All exhibits referred to in this Agreement are incorporated herein by this reference. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. "City" MM WK01 10 91 FTAI k, F1 1010 11011 D.T.Al By: Tommye Cribbins, City Clerk Nancy A. Lyons, Mayor Approved as to form: By: City Attorney "CONSULTANT" By: Its: Agenda # 6. 6 Meeting Date: June 21, 2016 CITY COUNCIL �\ AGENDA REPORT �1CnIZM1R\'SrO SQ TO: Honorable Mayor and Memb r of he City Council FROM: James DeStefano, City Ma a TITLE: Adjourn July 5, 2016 City Council Meeting to July 19, 2016. RECOMMENDATION: Approve. BACKGROUND: It has been suggested that the Council consider the cancellation of the City Council Meeting scheduled for July 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 June 21, 2016 City Council Meeting adjourn said Council Meeting to July 19, 2016. Pr ared b TommyE0 Cribbins, City Clerk Reviewed by: Ryan M�L�an, Deputy City Manager CITY COUNCIL Agenda # 6.7 Meeting Date: Jitne21, 2016 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Ma a TITLE: APPROVAL OF A ONE-YEARCO SULTING SERVICES AGREEMENT WITH DIANA CHO AND ASSOCIATES FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) LABOR AND CONTRACT COMPLIANCE SERVICES IN THE AMOUNT OF $20,284 FOR FY2016-17. RECOMMENDATION: Approve. a1`01F_1Z[y/:1alitil2111031I The Community Development Block Grant (CDBG) consulting services are paid for by CDBG funds and do not impact the general fund. Funding is allocated as part of the adopted FY2016-17 budget. BACKGROUND: The City receives annual Community Development Block Grant (CDBG) funds disbursed through the Los Angeles County Community Development Commission (CDC). The funds are used for a variety of capital and service based programs, such as park and sidewalk ADA improvements. As a contract City, Diamond Bar has utilized professional consultants to provide labor and contract compliance services to oversee use of CDBG funds and ensure compliance with CDC rules and regulations. DISCUSSION: The City's current agreement with Diana Cho and Associates is set to expire June 30, 2016. In April 2016, a Request for Proposals (RFP) was mailed to five (5) firms, of which two responses were received before the May 10, 2016 deadline. Proposals were received by Diana Cho and Associates for $30,000, as well as Theresa Dobbs for $35,000. Based on the exceptional services provided by Diana Cho and Associates during the current agreement, and the firm providing the most cost-effective proposal, it is recommended the City award a one-year agreement for a cost not -to -exceed $20,284 for FY2016-17. P7�Vpae,by;-,, Anthony Santos Sr. Management Analyst Attachments: 1. Agreement. Reviewed by: Ryan McLean Deputy City Manager CONSULTING SERVICES AGREEMENT CDBG Program Management and Administration Consulting Services THIS AGREEMENT (the "Agreement") is made as of _, 2016, by and between the City of Diamond Bar, a municipal corporation ("City") and Diana Cho and Associates ("Consultant"). RECITALS 1. Consultant's Services. Subject to the terms and conditions set forth in this Agreement Consultant shall provide to the reasonable satisfaction of the City the services set forth in the attached Exhibit "A", which is incorporated herein by this reference. As a material inducement to the City to enter into this Agreement, Consultant represents and warrants that it has thoroughly investigated the work and fully understands the difficulties and restrictions in performing the work. Consultant represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expertise of its principals and employees. James DeStefano, City Manager, (herein referred to as the "City's Project Manager"), shall be the person to whom the Consultant will report for the performance of services hereunder. It is understood that Consultant shall coordinate its services hereunder with the City Manager to the extent required by the City Manager, and that all performances required . hereunder by Consultant shall be performed to the satisfaction of the City Manager. 2. Term of Agreement. This Agreement shall take effect July 1, 2016, and shall continue until June 30, 2017 unless earlier terminated pursuant to the provisions herein. This Agreement may be extended upon request and approval by the CITY on an annual basis for an additional forty-eight (48) months until June 30, 2021. 3. Compensation. City agrees to compensate Consultant for each service which Consultant performs to the satisfaction of City in compliance with the scope of services set forth in Exhibit "A". Payment will be made only after submission of proper invoices in the form specified by City. Total payment to Consultant pursuant to this Agreement shall not exceed Twenty -thousand two hundred eighty four dollars ($20,284) without the prior written consent of the City. The above not to exceed amount shall include all costs, including, but not limited to, all clerical, administrative, overhead, telephone, travel and all related expenses. 4. Payment. A. As scheduled services are completed, Consultant shall submit to City an invoice for the services completed, authorized expenses and authorized extra work actually performed or incurred. B. All such invoices shall state the basis for the amount invoiced, including services completed, the number of hours spent and any extra work performed. C. City will pay Consultant the amount properly invoiced within 35 days of receipt, but may withhold 30% of any invoice until all work is completed, which sum shall be paid within 35 days of completion of the work and receipt of all deliverables. D. Payment shall constitute payment in full for all services, authorized costs and authorized extra work covered by that invoice. 5. Records and Audits The Consultant shall maintain accounts and records, including personnel, property and financial records, adequate to identify and account for all costs pertaining to this Agreement and such other records as may be deemed necessary by the CITY to assure proper accounting for all project funds, both federal and non-federal shares. These records will be made available for audit purposes to the CITY or any authorized representative, and will be retained five (5) years after the expiration of this Agreement unless permission to destroy them is granted by the CITY. (24 CFR Part 84, Sec. 84.53) 6. Reserved 7. Change Orders. No payment for extra services caused by a change in the scope or complexity of work, or for any other reason, shall be made unless and until such extra services and a price therefore have been previously authorized in writing and approved by the City Manager or his designee as an amendment to this Agreement. The amendment shall set forth the changes of work, extension of time, if any, and adjustment of the fee to be paid by City to Consultant. 8. Priority of Documents. In the event of any inconsistency between the provisions of this Agreement and the attached Exhibit "A", the provisions of this Agreement shall control. 9. Status as Independent Contractor. A. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent, except as specifically provided herein. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner employees of City. B. Consultant agrees to pay all required taxes on amounts paid to Consultant under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. In the event that City is audited by any Federal, State or other agency regarding the independent contractor status of Consultant and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between City and Consultant, then Consultant agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and findings of an employee relationship and any appeals relating thereto. C. Consultant shall fully comply with Workers' Compensation laws regarding Consultant and Consultant's employees. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with applicable Worker's Compensation laws. D. Consultant shall, at Consultant's sole cost and expense fully secure and comply with all federal, state and local governmental permit or licensing requirements, including but not limited to the City of Diamond Bar, South Coast Air Quality Management District, and California Air Resources Board. E. In addition to any other remedies it may have, City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification required by this Agreement or for any amount or penalty levied against the City for Consultant's failure to comply with this Section. 10. Standard of Performance. Consultant shall perform all work at the standard of care and skill ordinarily exercised by members of the profession under similar conditions and represents that it and any subcontractors it may engage, possess any and all licenses which are required to perform the work contemplated by this Agreement and shall maintain all appropriate licenses during the performance of the work. 11. Indemnification. Consultant shall indemnify, defend with counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers ("Indemnitees") from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys' fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with: (1) Any and all claims under Worker's Compensation acts and other employee benefit acts with respect to Consultant's employees or Consultant's contractor's employees arising out of Consultant's work under this Agreement; and (2) Any and all claims arising out of Consultant's performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, regardless of City's passive negligence, but excepting such loss or damage which is caused by the sole active negligence or willful misconduct of the City. Should City in its sole discretion find Consultant's legal counsel unacceptable, then Consultant shall reimburse the City its costs of defense, including without limitation reasonable attorneys' fees, expert fees and all other costs and fees of litigation. The Consultant shall promptly pay any final judgment rendered against the Indemnitees. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement. Except for the Indemnitees, this Agreement shall not be construed to extend to any third party indemnification rights of any kind. 12. Insurance. A. Consultant shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company authorized to do business in the State of California and approved by the City the following insurance: (1) a policy or policies of broad -form comprehensive general liability insurance written on an occurrence basis with minimum limits of $1,000,000.00 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by 3 Consultant, its officers, employees, agents, and independent contractors in performance of services under this Agreement; (2) property damage insurance with a minimum limit of $500,000.00 per occurrence; (3) automotive liability insurance written on an occurrence basis covering all owned, non -owned and hired automobiles, with minimum combined single limits coverage of $1,000,000.00; and (4) Worker's Compensation insurance when required by law, with a minimum limit of $500,000.00 or the amount required by law, whichever is greater. B. The City, its officers, employees, agents, and volunteers shall be named as additional insureds on the policies as to comprehensive general liability, property damage, and automotive liability. The policies as to comprehensive general liability, property damage, and automobile liability shall provide that they are primary, and that any insurance maintained by the City shall be excess insurance only. C. All insurance policies shall provide that the insurance coverage shall not be non - renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City ten (10) day's prior written notice thereof. Consultant agrees that it will not cancel, reduce or otherwise modify the insurance coverage and in the event of any of the same by the insurer to immediately notify the City. D. All policies of insurance shall cover the obligations of Consultant pursuant to the terms of this Agreement shall be issued by an insurance company which is authorized to do business in the State of California or which is approved in writing by the City; and shall be placed have a current A.M. Best's rating of no less than A-, VII. E. Consultant shall submit to City (1) insurance certificates indicating compliance with the minimum insurance requirements above, and (2) insurance policy endorsements or a copy of the insurance policy evidencing the additional insured requirements in this Agreement, in a form acceptable to the City. F. Self Insured Retention/Deductibles. All policies required by this Agreement shall allow City, as additional insured, to satisfy the self-insured retention ("SIR") and/or deductible of the policy in lieu of the Consultant (as the named insured) should Consultant fail to pay the SIR or deductible requirements. The amount of the SIR or deductible shall be subject to the approval of the City. Consultant understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by Consultant as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should City pay the SIR or deductible on Consultant's due to such failure in order to secure defense and indemnification as an additional insured under the policy, City may include such amounts as damages in any action against Consultant for breach of this Agreement in addition to any other damages incurred by City due to the breach. G. Subrogation. With respect to any Workers' Compensation Insurance or Employer's Liability Insurance, the insurer shall waive all rights of subrogation and contribution it may have against the Indemnitees. 4 H. Failure to Maintain Insurance. If Consultant fails to keep the insurance required under this Agreement in full force and effect, City may take out the necessary insurance and any premiums paid, plus 10% administrative overhead, shall be paid by Consultant, which amounts may be deducted from any payments due Contractor. I. Consultant shall include all subcontractors, if any, as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor to the City for review and approval. All insurance for subcontractors shall be subject to all of the requirements stated herein. 13. Confidentiality. Consultant in the course of its duties may have access to confidential data of City, private individuals, or employees of the City. Consultant covenants that all data; documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. Notwithstanding the foregoing, to the extent Consultant prepares reports of a proprietary nature specifically for and in connection with certain projects, the City shall not, except with Consultant's prior written consent, use the same for other unrelated projects. 14. Ownership of Materials. Except as specifically provided in this Agreement, all materials provided by Consultant in the performance of this Agreement shall be and remain the property of City without restriction or limitation upon its use or dissemination by City. Consultant may, however, make and retain such copies of said documents and materials as Consultant may desire. 15. Maintenance and Inspection of Records. In accordance with generally accepted accounting principles, Consultant and its subcontractors shall maintain reasonably full and complete books, documents, papers, accounting records, and other information (collectively, the "records") pertaining to the costs of and completion of services performed under this Agreement. The City and any of their authorized representatives shall have access to and the right to audit and reproduce any of Consultant's records regarding the services provided under this Agreement. Consultant shall maintain all such records for a period of at least five (5) years after termination or completion of this Agreement. Consultant agrees to make available all such records for inspection or audit at its offices during normal business hours and upon three (3) days notice from the City, and copies thereof shall be furnished if requested. 16. Conflict of Interest. A. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by Consultant under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest whichwould conflict in any manner with the performance of its services pursuant to this Agreement. 5 B. Consultant covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of hardware or software to City as a result of the performance of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. 17. Termination. The City may terminate this Agreement with or without cause upon fifteen (15) days' written notice to Consultant. The effective date of termination shall be upon the date specified in the notice of termination, or, in the event no date is specified, upon the fifteenth (15th) day following delivery of the notice. In the event of such termination, City agrees to pay Consultant for services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written notice of termination, Consultant shall discontinue performing services, unless the notice provides otherwise, except those services reasonably necessary to effectuate the termination. The City shall be not liable for any claim of lost profits. 18. [Reserved] 19. Non -Discrimination and Equal Employment Opportunity. A. Consultant shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement, and will comply with all rules and regulations of City relating thereto. Such nondiscrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. B. Consultant will, in all solicitations or advertisements for employees placed by or on behalf of Consultant state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. C. Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials. D. Executive Order 11246 requires that during the performance of this Agreement, Consultant agrees not to discriminate against any employee or applicant for employment because of race, religion, sex, color or national origin. Consultant will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, color or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Consultant setting forth the provisions of this nondiscrimination clause. E. Section 3 of the Housing and Community Development Act of 1968, as amended, 12 U.S.C. 1701 et seq., requires that, to the greatest extent feasible, opportunities for training and employment be given to lower income residents of the project area and 6 contracts for work in connection with the project be awarded to business concerns which are located in or owned in substantial part by persons residing in the area of the project. F. Title VI of the Civil Rights Act of 1964 provides that no person shall, on the ground of race, color or national origin, be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program or activity receiving federal financial assistance. G. Section 109, Title I of the Housing and Community Development Act of 1974 provides that no person shall, on the grounds of race, color, national origin, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program of activity funded in whole or in part with funds made available under this title. H. Any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975, or with respect to an otherwise qualified handicapped individual, as provided in Section 504 of the Rehabilitation Act of 1973, shall also apply. 20. Reserved 21. Time Is of the Essence. Time is of the essence in this Agreement. Consultant shall do all things necessary and incidental to the prosecution of Consultant's work. 22. Reserved 23. Delays and Extensions of Time. Consultant's sole remedy for delays outside its control shall be an extension of time. No matter what the cause of the delay, Consultant must document any delay and request an extension of time in writing at the time of the delay to the satisfaction of City. Any extensions granted shall be limited to the length of the delay outside Consultant's control. If Consultant believes that delays caused by the City will cause it to incur additional costs, it must specify, in writing, why the delay has caused additional costs to be incurred and the exact amount of such cost within 10 days of the time the delay occurs. No additional costs can be paid that exceed the not to exceed amount absent a written amendment to this Agreement. In no event shall the Consultant be entitled to any claim for lost profits due to any delay, whether caused by the City or due to some other cause. 24. Assignment. Consultant shall not assign or transfer any interest in this Agreement nor the performance of any of Consultant's obligations hereunder, without the prior written consent of City, and any attempt by Consultant to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect. 25. Compliance with Laws. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. 26. Non -Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 7 27. Attorney's Fees. In the event that either party to this Agreement shall commence any legal or equitable action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees and costs, including costs of expert witnesses and consultants. 28. Mediation. Any dispute or controversy arising under this Agreement, or in connection with any of the terms and conditions hereof, shall be referred by the parties hereto for mediation. A third party, neutral mediation service shall be selected, as agreed upon by the parties and the costs and expenses thereof shall be borne equally by the parties hereto. In the event the parties are unable to mutually agree upon the mediator to be selected hereunder, the City Council shall select such a neutral, third party mediation service and the City Council's decision shall be final. The parties agree to utilize their good faith efforts to resolve any such dispute or controversy so submitted to mediation. It is specifically understood and agreed by the parties hereto that referral of any such dispute or controversy, and mutual good faith efforts to resolve the same thereby, shall be conditions precedent to the institution of any action or proceeding, whether at law or in equity with respect to any such dispute or controversy. 29. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during regular business hours or by facsimile before or during regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section. "CONSULTANT" Diana Cho and Associates 16716 Rocky Knoll Road Hacienda Heights, CA 91745 Attn.: Diana Cho Phone: (626) 374-2184 E-mail: dcho.associates@aol.com "CITY" City of Diamond Bar 21810 Copley Drive Diamond Bar, CA 91765-4178 Attn.: James DeStefano City Manager Phone: (909) 839-7010 E-mail: JDeStefano@DiamondBarCA.gov 30. Governing Law. This Agreement shall be interpreted, construed and enforced in accordance with the laws of the State of California. 31. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument. 32. County Lobbying Certification. The Consultant certifies that: A. It is understood that each person/entity/firm who applies for a Community Development Commission contract, as part of that process, shall certify that they are familiar with the requirements of the Los Angeles County Code Chapter 2.160, (Los Angeles County Ordinance 9.-0031) and; 0 B. That all persons/entity/firm who seek a contract with the Community Development Commission shall be disqualified therefrom and denied that contract and, shall be liable in civil action, if any lobbyist, lobbying firm, lobbyist employer or any other person or entity acting on behalf of the above named firm fails to comply with the provisions of the County Code. 33. Consultant's Warranty of Compliance with County's Defaulted Property Tax Reduction Program: A. The Consultant acknowledges that the County has established a goal of ensuring that all individuals and businesses that benefit financially from the County through contract are current in paying their personal and real property tax obligations (secured and unsecured roll) in order to mitigate the economic burden otherwise imposed upon the County and its taxpayers. Unless the Consultant qualifies for an exemption or exclusion, the Consultant warrants and certifies that to the best of its knowledge it is now in compliance, and during the term of this Agreement will maintain compliance, with the County's Defaulted Tax Program, found at Los Angeles County Ordinance No. 2009-0026 and codified at Los Angeles County Code, Chapter 2.206. B. Failure of the Consultant to maintain compliance with the requirements set forth in the "County's Defaulted Property Tax Reduction Program " shall constitute default under this Agreement. Without limiting the rights and remedies available to the City under any other provision of this Agreement, failure of the Consultant to cure such default within 10 days of notice shall be grounds upon which the City may suspend or terminate this Agreement pursuant to the County's Defaulted Property Tax Reduction Program found at Los Angeles County Ordinance No. 2009-0026 and codified at Los Angeles County Code, Chapter 2.206. 34. Lobbying Certification. The Consultant certifies that: A. No Federal appropriated funds have been paid or will be paid, by or on behalf of the Consultant, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, and officer or employee of Congress, or an employee of any Member of Congress in connection with the awarding of any Federal contract, the making of any cooperative agreement, and the extension, continuation renewal, amendment, or modification of any Federal contract, grant, loan or cooperative agreement. B. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the Consultant shall complete and submit Standard Form -LLL, "Disclosures Form to Report Lobbying", in accordance with its instructions. C. The Consultant shall require that the language of this certification be included in all subcontracts and that all subcontracts shall certify and disclose accordingly. 35. Entire Agreement. This Agreement, and any other documents incorporated herein by specific reference, represent the entire and integrated agreement between Consultant and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or 9 breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by a person duly authorized to do so under the City's Purchasing Ordinance. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. "Consultant" Printed Name: Title: 22 Printed Name: Title: Approved as to form: 0 City Attorney "City" CITY OF DIAMOND BAR James DeStefano, City Manager ATTEST: Tommye A. Cribbins, City Clerk *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. 10 EXHIBIT "A" SCOPE OF SERVICES [Beneath this sheet.] I May 6, 2016 Mrs. Tommye Cribbins City Clerk City of Diamond Bar 21810 Copley Drive Diamond Bar, California 91765 Subject: Request for Proposal - Project Administration Services for the Community Development Block Grant (CDBG) Program Dear Mrs. Cribbins: Diana Cho and Associates is pleased to submit a proposal to provide project administration services for the City of Diamond Bar's Community Development Block Grant (CDBG) Program. We are extremely responsive to the needs of our clients as our primary goal is to assist cities in operating successful CDBG Programs. Since 1986, Cho and Associates has offered extensive administrative and financial management services to cities requiring assistance in the CDBG Program. We are currently contracted by the Cities of Diamond Bar, Bet[ Gardens, Maywood, South Pasadena, La Habra Heights, and Bell to provide CDBG program services. As CDBG consultants, Cho and Associates provide assistance with preparing Exhibit A/Agreements to Implement documents, CDBG Funding Requests, professional services agreements, construction bid documents, U. S. Department of Housing and Urban Development (HUD) and Los Angeles County Community Development Commission (LACDC) reports, and other submittals as required by the CDC. Additionally, We provide Davis -Bacon labor contract compliance and Section 3 technical assistance and the monitoring of sub - recipients for our clients. We took forward to the opportunity to continue working with the City of Diamond Bar. Please call me at (626) 374-2184 to discuss our proposal. Sincerely, Z4 • Diana Y. Cho Principal Consultant RFP.DiamondBar05.2016 16716 E ROCKY KNOLL ROAD . HACIENDA HEIGHTS, CA 91745. (626) 374-2184 City of Diamond Bar Proposal for CDBG Administrative Services CONSULTANTS' EXPERIENCE AND QUALIFICATIONS Diana Cho will serve as the lead consultant for the City of Diamond Bar's CDBG project administration services, with assistance from associates on an as needed basis. Diana Cho has served as a CDBG consultant since 1986. She has provided CDBG administrative services and technical assistance for the Cities of Bell Gardens, Diamond Bar, Maywood, Rancho Palos Verdes, El Segundo, Huntington Park, Bell, and Hawaiian Gardens. As a CDBG consultant, Ms. Cho has prepared Program Guidelines, Program Planning Summaries, the Statement of Community Development Objectives and Projected Use of Funds, Comprehensive Performance Reports, Contract/ Subcontract Activity Reports, Request For Proposals and Qualifications (RFP'S and RFQs), and professional services agreements; administered Housing Rehabilitation Programs; provided Davis -Bacon labor and contract compliance and Section 3 compliance assistance; and monitored the expenditures and accounting of CDBG funds. Currently, Diana Cho provides CDBG program management services for the Cities of Diamond Bar, Bell Gardens, Maywood, and Bell, and labor and contract compliance services for the cities of South Pasadena and La Habra Heights. Ms. Cho was formerly a CDBG program manager for the Los Angeles County Community Development Commission prior to becoming a consultant. Furthermore, Ms. Cho has worked in the Community Development Block Grant Program since 1978. Ms. Cho graduated from the University of Southern California with Bachelor of Science in Public Affairs/Public Administration. PROPOSED SCOPE OF SERVICES Diana Cho and Associates will provide CDBG program consulting services for project administration, implementation and monitoring. The proposed CDBG services to be offered are as follows: Consultants will provide technical assistance for the administration and implementation of the City's projects and activities. ® Complete and submit the Exhibit A Input documents which describe the CDBG project, funding amount, program beneficiaries, and project location. Prepare and process amendments for on-going projects. Prepare public hearing notices for substantial changes in project description and/or project funding Levels. Coordinate with City staff to complete all projects. ® Prepare and process CDBG documents including Agreements to Implement for each project, contracts, and amendments. Prepare reports for City Council review of CDBG projects and activities. ® Prepare and complete Community Development Commission reports and documents including the Quarterly Performance Report, labor standards reports and Contract/ Subcontract activity reports. City of Diamond Bar Proposal for CDBG Administrative Services Paae 3 ® Keep City informed about current County and HUD requirements for the CDBG Program including historical preservation clearance, environmental impact review and procurement guidelines for services, supplies and equipment, if necessary. ® Review payment requests and invoices for CDBG services, supplies and equipment, if necessary. ® Review CDBG Funding Requests and Return of Program Income Transmittals to the County, if necessary. ® Monitor the drawdown of CDBG funds in order to comply with the CDC/HUD performance goals. Consultants will coordinate with staff and gather all necessary files and documentation for program monitoring and audit preparation. ® Monitor project activities for progress and compliance with program requirements. ® Develop and maintain all necessary documentation for CDBG monitoring and Single Audit. ® Assist County and Federal CDBG monitors during program performance reviews, and City auditors during Single Audit. Consultants will provide Davis -Bacon monitoring and contract compliance for CDBG- funded construction projects. ® Review construction contracts and bid specifications for compliance with Federal requirements to ensure that all appropriate forms are included in bid package. Submit construction bid document to CDC prior to advertisement of bids. ® Verify contractor and subcontractor eligibility. ® Participate in preconstruction conferences as requested by the City. ® Prepare and submit documents and reports required by the U.S. Department of Labor (DOL) and U.S. Department of Housing and Urban Development (HUD) for construction projects. ® Report any wage modifications, or other changes in requirements as they are issued. ® Review Weekly Certified Payroll Reports. Provide assistance in preparing and maintaining labor and contract compliance files for CDC and HUD monitoring. ® Review all construction contract files prior to project close-out. Consultants will provide Section 3 monitoring and compliance for CDBG-funded construction projects. ® Review construction contracts and bid specifications to ensure that all Section 3 compliance forms are included in bid package. City of Diamond Bar Proposal for CDBG Administrative Services Page 4 ® Provide technical assistance to City staff regarding the objectives and requirements of Section 3. ® Review documentation of actions taken to comply with Section 3. • Prepare annual Economic Opportunities for Low- and Very -Low Income Persons in Connection with Assisted Projects (Section 3 Performance) report. Consultants will act as City's liaison and representative to the Community Development Commission. Coordinate program monitoring visits and audits. Prepare responses to CDC correspondence and monitoring findings. • Submit inquiries for clarifications and determinations on behalf of the City. Consultants will ensure compliance with all applicable Federal, State and local laws and policies. • Keep updated copies of CDBG regulations and handbooks at City Hatt. • Circulate CDBG information bulletins to City staff. • Attend County and HUD seminars on program and regulatory changes. City of Diamond Bar Proposal for CDBG Administrative Services Page 5 CLIENT LIST Diana Cho and Associates provide CDBG services for the following clients: City of Diamond Bar James DeStefano, City Manager 21810 Copley Drive, Diamond Bar, CA 91765 (909) 839-7010 Services Provided: CDBG Administration and Contract and Labor compliance monitoring. Term of Service: 1993 to Present City of Bet[ Gardens Abel Avatos, Director of Community Development 7100 Garfield Avenue, Belt Gardens, CA 90201 (562) 806-7700 Services Provided: CDBG Administration and Section 108 Loan. Term of Service: 2004 to Present City of Bell Greg Tsujiuchi, Housing Manager 6330 Pine Avenue, Bell, CA 90201 (332) 588-6211 Services Provided: CDBG Administration and Contract and Labor compliance monitoring. Term of Service: 1986 to 2011 and 2014 to Present City of Maywood Andre Dupret, Project Manager 4319 E. Slauson Avenue, Maywood, CA 90270 (323) 562-5700 Services Provided: CDBG Administration and Contract and Labor compliance monitoring. Term of Service: 2010 to Present City of South Pasadena Shin Furukawa, Deputy Public Works Director 1414 Mission Street, South Pasadena, California 91030 (626) 403-7240 Services Provided: CDBG Contract and Labor compliance monitoring. Term of Service: 2014 to Present City of La Habra Heights Fabiola Huerta, Assistant to the City Manager 1245 N. Hacienda Road, La Habra Heights, CA 90631 (562) 694-6302 Services Provided: CDBG Contract and Labor compliance monitoring. Term of Service: 2015 to Present City of Diamond Bar Proposal for CDBG Administrative Services SCHEDULE OF FEES Cho and Associates will provide services in an amount not to exceed $30,000. The fees for consulting services are inclusive of all normal business overhead and will be as follows: Principal $ 82.00 per hour Associate - $ 75.00 per hour Diana Cho will serve as the lead consultant for providing CDBG project administrative services. The consultant will work at least one day per week at City Hall offices. Approximately five to eight hours of consultant services will be provided each week. Additional hours can be provided if requested by the City, and upon availability of other funds in the budget. Consultants will provide any other technical assistance when required by City staff in the areas of project management and administrative assistance. DIANA Y. CHO DIANA CHO AND ASSOCIATES EDUCATION B.S. Public Affairs/Public Administration University of Southern California EXPERIENCE Consultant - City of Diamond Bar City of Rancho Palos Verdes 1993 - Present 1995 -2014 City of Bell Gardens City of Maywood 2004 - Present 2010 - Present Responsibilities and experience include providing CDBG administration; preparation of Planning Summaries, Exhibit A's, Quarterly Performance Reports (QPR), contracts and contract amendments; CDBG contract compliance services; labor compliance oversight and monitoring; preparation of HUD and DOL labor compliance reports; obtaining certifications and maintaining Davis -Bacon documentation; preparation of inquiries for clarifications and determinations on behalf of the City; preparation of responses to County Community Development Commission (CDC) correspondence; providing recommendations for eligible CDBG activities and projects; review of monthly CDBG program expenditures; preparation of staff reports and City Council resolutions pertaining to the CDBG Program; preparation of a $5 million Section 108 Loan Application; preparing and reviewing bid documents and proposals; preparing CDBG funding requests; and CDBG program assistance in the areas of program monitoring, contractor payment processing and financial audits. Consultant- Various Engineering Firms 2007 - Present Provide services as a Sub -Consultant to Interwest Consulting Group, LAE Associates, et at., for CDBG, CDBG-R and ARRA labor compliance and monitoring in conjunction with public works improvement projects. These projects included in -fill sidewalks, senior center improvements, street rehabilitation projects, and curb, gutter, and sidewalk improvement projects on an on- call basis. Consultant - City of Bell 1986 - 2011 and 2014 - Present Currently under contract with LDM Associates, Inc., to provide CDBG services for the City of Bell. Past responsibilities and experience included assistance in CDBG and Metro program administration; CDBG financial monitoring; CDBG, CDBG-R and ARRA labor compliance oversight and monitoring; technical assistance for the Handyworker Program and Lead and Asbestos Testing/Abatement Program; implementing the City's Residential Rehabilitation Program; and assistance for Metro and SCAQMD AB 2766 funded projects including the preparation of project descriptions and budgets, monitoring of program expenditures and preparation of annual reports. Under contract wit Program Manager - Community Development Commission - County of Los Angeles 1983 - 1986 Responsibilities included providing assistance to cities, County departments, and community- based organizations in the development and implementation of community development projects; preparing and reviewing contracts and agreements; and monitoring projects and activities. CITY COUNCIL Agenda: 6.8 Meeting Date: June 2I 2016 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Mana e TITLE: APPROVE FIRST AMENDMENT T THE CONTRACT WITH R.F. DICKSON COMPANY, INC., TO PROVIDE STREET SWEEPING SERVICES AND NEW COMPOSTING PROGRAM FOR A NOT -TO -EXCEED AMOUNT OF $190,000. RECOMMENDATION: Approve. FINANCIAL IMPACT: The City currently pays $136,000 per year for street sweeping services. The proposed amendment would add a composting program cost of $54,000 per year. The approved fiscal year 2016-2017 street sweeping services budget is $190,000. A portion of street sweeping costs are funded by waste hauler fees. The proposed composting program is also an eligible AB939 expenditure, and there are sufficient reserves in this fund to cover the cost of the new program and thus, there will be no impact to the General Fund. The amendment would add the composting of street sweeping waste and extend the contract term for one (1) year ending June 30, 2017, with the option, at the city's sole discretion, to award up to four (4) additional 1 -year terms. BACKGROUND: Street sweeping has two primary benefits. The first benefit is to protect against localized flooding by the collection and removal of paper, leaves, and other visible debris that collect in the curb gutters. The second benefit is the removal of the visible debris, as well as particles and other hazardous waste products left by passing vehicles as part of the City's stormwater pollution prevention program. Street sweeping is an effective method of removing both the large and microscopic pollutants that collect on city streets and decreasing pollutants which reach the ocean. Since September of 2000, R.F. Dickson has provided regular and timely street sweeping services in the City. R.F. Dickson utilizes two (2) compressed natural gas (CNG) street sweepers to sweep five areas of the City Monday -Friday on a bi-weekly basis. During the heavier rainy winter months of December and January street sweeping occurs on a weekly basis. Through a competitive bidding process, on May 3, 2011, the Diamond Bar City Council awarded a five-year contract to R.F. Dickson to continue as the City's street sweeping contractor. The City received a total of six street sweeping proposals, with Dickson submitting the lowest curb mile rate of $11.85, for a total of 350 curb miles (bi-weekly). The existing agreement is effective July 1, 2011 and expires June 30, 2016. Based on Section 2 of the agreement, the City may elect to extend the term without seeking competitive proposals for up to an additional five (5) years. Compensation for such an extension is subject to negotiation between the City and R.F. Dickson. DISCUSSION: On June 13, 2016, R.F. Dickson submitted a letter (Attachment A) requesting a contract extension to continue as the City's street sweeping provider. Dickson proposes to maintain the existing curb mile rate of $12.28 for bi-weekly street sweeping services without any modifications or impacts to the existing street sweeping schedules. The letter also presents an option to re -instate the City's street sweeping compost program, utilizing an enhanced state-of-the-art facility in Anaheim that can divert up to 95% of street sweeping debris. R.F. Dickson has performed street sweeping services under the existing agreement with modest annual increases. With those increases, the curb mile rate increased from $11.85 to $12.28. R.F. Dickson is proposing, to maintain the $12.28 curb mile rate during the term of the proposed one year extension, for an annual street sweeping cost of $136,000. This curb mile rate would be in effect through June 30, 2017. The cost -per -mile (CPM) of $12.28 proposed by Dickson reflects one of the lowest rates in comparison to other service providers. As previously mentioned, the existing five- year contract was as a result of a competitive bid process conducted in January 25, 2011. A total of six street sweeping proposals were received, with Dickson submitting the lowest curb mile rate. The following table summarizes the CPM results from the 2011 competitive bidding process: Service Provider 2011 CPIVI Rate Percent Difference from lowest Curb Mile Rate R.F.Dickson 11.85 £ Lowest Rate Valley Vista Services 14.50 18.3% Athens 16.74 29.2% Venco 17.84 33.6% Nationwide Environmental Services 21.75 45.5% Clean Street 22.00 46.1 2 COMPOSTING PROGRAM Under its initial contract with Dickson, beginning on July 1, 2000, as an alternative to landfilling street sweeping debris, the City collaborated with Dickson to implement a composting program effective through June 20, 2011. As a result of this program, Dickson reported more than 5,000 tons of street sweeping debris diverted from the landfills. However, the compost program was discontinued and was not part of the services outlined in the 2011 competitive bid process. Currently the street sweeping debris is taken to the landfill. In 2008, the Diamond Bar City Council adopted Sustainability Program and Policy Options to implement cost effective environmental strategies that reduce waste, and maximize conservation. Many of the outlined options are aimed on meeting the existing and future State mandates to divert at least 50% of its solid waste away from landfills. Composting serves as a key to the City's commitment to sustainability and to ensure that the City will continue to meet state laws requiring the City to divert 50% of its solid waste from landfills. All street sweeping debris will be transported and recycled at CVT located in Anaheim. Utilizing an enhanced state-of-the-art facility CVT, can divert up to 95% of organic street sweeping debris. Dickson has agreed to partner with the City by offering the same transportation costs as it proposed in 2011. The proposed cost for processing the material is $43.20 per ton. Based on an estimated tonnage of 562.30 tons at $43.20 per ton, the cost for composting will be an estimated $24,291. Transportation costs for delivery to the recycling center are estimated based upon 271.44 six -cubic yard loads at $108.40 per load, at a cost of approximately $29,424, for a total estimated cost of $53,715. As noted above, the costs to implement the program will not impact the City's general fund and will enhance the City's diversion goals. SUMMARY R.F. Dickson has proven to be a reliable service provider over the past sixteen years. Performance has been monitored by City staff and Los Angeles County Sheriff's personnel and has been determined to be prompt and efficient for the needs of the City. It is recommend that the City Council approve a one-year extension to the existing contract with R.F. Dickson to perform street sweeping services based on experience, and commitment to the Diamond Bar community. LEGAL REVIEW: The City Attorney has reviewed and approved the agreement as to form. Prepared by:, Alfa Lopez` Managemfent Analyst Reviewed David G.Cu, P.E. Director of Public Works/City Engineer 3 This First Amendment to Street Sweeping Agreement ("First Amendment") is made and entered into this 21 st day of June, 2016, by and between the CITY OF DIAMOND RAR, a'municipal corporation (hereinafter referred to as "City") and R.F. DICKSON COMPANY, INC., (hereinafter referred to as "Contractor"). A. RECITALS: (i) The CITY and Contractor entered into that certain Street Sweeping Services Agreement dated as of July 1, 2011, (the "Agreement") which is incorporated herein by reference. (ii) The Agreement provides that the City may extend the term of the Agreement for up to an additional five years. (iii) The Contractor has proposed extending the Agreement term and the implementation of a street sweeping compost program. (iv) The Parties desire to amend the Agreement to extend the contract term for an additional year and to add a street sweeping compost program to the scope of services NOW, therefore, the parties agree as follows: 1. Defined Terms. Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth in the Agreement. 2. Revised Scope of Services. The Scope of Services as provided in Section 1 of the Agreement is amended, modified and supplemented to add the street sweeping compost program as set forth in the attached Exhibit "A", which is incorporated herein by this reference. As set forth therein, Contractor shall transport all street sweeping waste to the CVT Recycling Center in the City of Anaheim for composting. Contractor shall, at least on a quarterly basis, provide records to the City evidencing the amount of street sweeping debris that is being diverted from a landfill. The form and content of the records shall be provided in a manner which is reasonably acceptable to the City. Contractor shall not substitute the recycling center without the City's prior written approval. 3. Teras. The term of the Agreement is hereby extended for one year to take effect on July 1, 2016, and continue in effect until June 30, 2017. The City may, at its sole discretion, extend the term of the Agreement for four additional one-year periods; provided that the parties are able to reach an agreement on compensation. 5 4. Compensation. The Compensation set forth in Section 3 of the Agreement is hereby amended to read as follows: For the street sweeping composting program, City shall pay Contractor $43.20 per ton of street sweeping debris delivered to the CVT Recycling Center for composting and $108.40 for transportation per 6 -cubic yard load, but in no event shall the total not to exceed cost for the street sweeping composting program exceed $54,000 without the prior authorization of the City. Street sweeping rates as set forth in Exhibit "B" of the Agreement shall for all arterials, alleys, collector/residential and center medians be at the rate of $12.28 per curb mile. 5. Integration. This First Amendment and all. attachments hereto (if any) integrate all of the terms and conditions mentioned herein, and supersede all negotiations with respect hereto. This First Amendment amends, as set forth herein, the Agreement and except as specifically amended hereby, the 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 First Amendment and the terms and provisions of the Agreement, the terms and provisions of this First Amendment shall control. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment as of the day and year first set forth above. • 1 S1l•\I1 :.1C Nancy A. Lyons, Mayor ATTEST: CONTRACTOR: R.F. Dickson Company,. Inc. M Steve Dickson. President APPROVED AS TO FORM: By: By: Tommye A. Cribbins, City Clerk David DeBerry, City Attorney F�1 I M a;� � - June 13, 2016 Mr. David G. Lui, P.E. Director of Public Works City of Diamond Bar 21810 E. Copley Drive Diamond Bar, CA 91765 Dear David, RECEIVED CITY OF DIAMOND BAR JUN 1 3 2016 PUBLIC WORKS/ENGINEERING ATTACHMENT (EXHIBIT D), We are respectfully requesting to extend our agreement for a first year, of the five year option. As part of our request, we would hold our current curb mile rate. With the state requirement for the AB939 diversion of all debris from the landfills, we would like to offer as part of the extension to reinstitute a street sweeping debris diversion program for the city. The diversion program has averaged and estimated 97% diversion. All sweeping debris will be transported and recycled at CVT located in Anaheim. We are estimating based on prior years, 5 62.3 0 tons of street sweeping debris, and hauling 271.44 loads to the CVT facility. The cost for recycling the debris will be $43.20 per ton, and $108.40 per 6 yard load. We have held the cost for transportation for over 6 years, and only the cost for recycling has increased as we receive increases. The total cost for this program based on prior year averages is $53,931.46 per year. We have enjoyed our long term relationship, and look forward to working together as part of the team into the future. Please let us know if you have any questions. Sincerely, J-) Steve Dickson President se.`:=. Dickson Ca. Inc.. Contract Sweeping 72521 Columbia Way 562.-97.3-5441 Consulting Downey, CA 90247. 800-573-3222 CNC Fueling Facilities www.Dici<sonSvreeping.com Fax562-869-5943 ATTACHMENT STREET SWEEPING SERVICES AGREEMENT THIS AGREEMENT is made as of July 1 2011 by and between the City of Diamond Bar, a municipal corporation ("City") and R.F. Dickson Company, Inc., ("Contractor"). RECITALS A. City desires to utilize the services of Contractor as an independent contractor to provide street sweeping services to City as set forth in the City's Request for Proposals dated January 25, 2010. B. Contractor represents that it is fully qualified to perform such street sweeping services by virtue of its experience and the training, education and expertise of its principals and employees. NOW, THEREFORE, in consideration of performance by the parties of the covenants and conditions herein contained, the parties hereto agree as follows: Contractor's Services. A. Scope of Services. The nature and scope of the specific services to be performed by Contractor are as described in Exhibit "A" attached hereto and incorporated herein by reference. B. Level of Services/Time of Performance. The level of and time of the specific services to be performed by Contractor are as set forth in Exhibit "A'. C. Additional or Other Services. Any proposed changes in the work to be performed under this Agreement shall be made only by written amendment to this Agreement. Contractor is not authorized to undertake any work which would result in costs, expenses, or fees in excess of the costs contained in Exhibit B without the express written approval of the City Manager. Should the City require the Contractor to provide additional services beyond the Scope of Work described in Exhibit A, for services not specifically described therein, the rates and quantities shall be negotiated between the City and Contractor. , 2. Term of Agreement. This Agreement shall take effect July 1, 2011 and shall continue until June 30, 2016, unless earlier terminated pursuant to the provisions herein. City may, in its sole discretion, elect to extend the Term of this Agreement without seeking competitive proposals for an additional five (5) years upon successful demonstration of exemplary contract performance. 3. Compensation. City agrees to compensate Contractor for each service which Contractor performs to the satisfaction of City in compliance with the schedules set forth in Exhibit B. Payment will be made only after submission of proper invoices in the form specified by City. --- - ATTACHMENT" 3 4. General Terms and Conditions. In the event of any inconsistency between the provisions of this Agreement and Contractor's proposal, the provisions of this Agreement shall control. A. Time is of the Essence — Contractor agrees to perform the services and deliver the work products provided for herein in strict accordance with any schedules set forth by the City. B. License: Standard of Care — Contractor represents and agrees that all personnel engaged by the Contractor in performing the services are and shall be fully qualified and are authorized or permitted under Federal, State, and local law to perform such services. Contractor represents and warrants to the City that it has all licenses, permits, qualifications, and approvals required to provide the services and work required to be performed by this Agreement. C. Subcontracting Subject to Approval — Contractor shall not subcontract any portion of the work to other persons or contractors without express written approval from the City. D. Administration — This Agreement will be administered by the City Manager or his designee. The City Manager or his designee shall be considered the Project Administrator and shall have the authority to act for the City under this Agreement. The City Manager or his designee shall represent the City in all matters pertaining to the services to be rendered pursuant to this Agreement. E. Progress — Contractor is responsible to keep the City Manager and/or his duly authorized designee informed on a regular basis regarding the status and progress of the work, activities performed and planned, and any meetings that have been scheduled or are desired. F. Contractor's Records — Contractor shall keep records and invoices in connection with its work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of the City during normal business hours to examine, audit, and make transcripts or copies of such records. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of five (5) years from the date of final payment under this Agreement. ATTACHMENT 5. Addresses. City: James DeStefano, City Manager City of Diamond Bar 21825 Copley Drive Diamond Bar, CA 91765-4178 Contractor: 6. ' Status as Independent Contractor. A. Contractor is, and shall at all times remain as to City, a wholly independent contractor. Contractor shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Contractor or any of Contractor's employees, except as set forth in this Agreement. Contractor shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City. B. Contractor agrees to pay all required taxes on amounts paid to Contractor under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. In the event that City is audited by any Federal or State agency regarding the independent contractor status of Contractor and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between City and Contractor, then Contractor agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto. C. Contractor shall fully comply with the workers' compensation law regarding Contractor and Contractor's employees.' Contractor further agrees to indemnify and hold City harmless from any failure of Contractor to comply with applicable worker's compensation laws, City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor's failure to promptly pay to City any reimbursement or indemnification arising under this Section 6. D. Contractor shall, at Contractor's sole cost and expense fully secure and comply with all federal, state and local governmental permit or licensing requirements, including but not limited to the City of Diamond Bar, South Coast Air Quality Management District, and California Air Resources Board. Contractor further agrees to indemnify and hold City harmless from any failure of Contractor to comply with the requirements in this Section 6. ,Additionally, the City shall have the right to offset against the amount of any fees due to Contractor under this Agreement for any amount or penalty levied against the City for Contractors failure to comply with this Section 6. ATTACHMENT 33 7. Standard of Performance. Contractor further represents and warrants that it shall keep in effect all such licenses, permits, and other approvals during the term of this Agreement. Contractor shall perform the services under this Agreement 'in a skillful and competent manner and in the manner and according to the standards observed by a competent practitioner of the work in which Contractor is engaged. 8. Indemnification. Contractor shall indemnify, defend with counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with Contractor's performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, regardless of City's passive negligence, but excepting such loss or damage which is caused by the sole active negligence or willful misconduct of the City. Should City in its sole discretion find Contracto's legal counsel unacceptable, then Contractor shall reimburse the City its costs of defense, including without limitation reasonable attorneys fees, expert fees and all other costs and fees of litigation. The Contractor shall promptly pay any final judgment rendered against the City (and its officers, officials, employees and volunteers) covered by this indemnity obligation. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement. 9. Insurance. Contractor shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company authorized to do business in the State of California and approved by the City (1) a policy or policies of broad -form comprehensive general liability insurance with minimum limits of $5,000,000.00 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Contractor, its officers, employees, agents, and independent contractors in performance of services under this Agreement; (2) property damage insurance with a minimum limit of $10,000,000.00; (3) automotive liability insurance, with minimum combined single limits coverage of $1,000,000.00; and (4) worker's compensation insurance with a minimum limit of $1,000,000,00 or the amount required by law, whichever is greater. City, its officers, employees, attorneys, and volunteers shall be named as additional insureds on the policy(les) as to comprehensive general liability, property damage, and automotive liability. The polfcy(ies) as to comprehensive general liability, property damage, and automobile liability shall provide that they are primary, and that any insurance maintained by the City shall be excess insurance only. A. All insurance policies shall provide that the insurance coverage shall not be non -renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the Insurance carrier without the insurance carrier giving City thirty (30) day's prior written notice thereof. Contractor agrees that it will not cancel, reduce or otherwise modify the insurance coverage. B. All policies of insurance shall cover the obligations of Contractor pursuant to the terms of this Agreement; shall be issued by an insurance company which is ■ If 1/ MEM authorized to do business in the State of California or which is approved in writing by the City; and shall be placed with a current A.M. Best's rating of no less that A VII. C. Contractor shall submit to City (1) insurance certificates indicating compliance with the minimum worker's compensation insurance requirements above, and (2) insurance policy endorsements indicating compliance with all other minimum insurance requirements above, not less that one (1) day prior to beginning of performance under this Agreement. Endorsements shall be executed on City's appropriate standard forms entitled "Additional Insured Endorsement", or a substantially similar form which the City has agreed in writing to accept. D. Contractor shalt furnish a Contract Performance Bond. 10. Confidentiality. Contractor in the course of its duties may have access to :confidential data of City, private individuals, or employees of the City. Contractor covenants that all data, documents, discussion, or other information developed or received by Contractor or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Contractor without written authorization by City. City shall grant such authorization if disclosure is required by law. Ali City data shall be returned to City upon the termination of this Agreement. Contractor's covenant under this section shall survive the termination of this Agreement. Notwithstanding the foregoing, to the extent Contractor prepares reports of a proprietary nature specifically for and in connection with certain projects„ the City shall not, except with Contractor's prior written consent, use the same for other unrelated projects. 11. Ownership of Materials. All materials provided by Contractor in the performance of this Agreement shall be and remain the property of City without restriction or limitation upon its use or dissemination by City. Contractor may, however, make and retain such copies of said documents and materials as Contractor may desire, 12. Conflict of Interest, A. Contractor covenants that it presently has no interest and shall not acquire any interest, director or indirect, which may be affected by the services to be performed by Contractor under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Contractor further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Contractor shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement. 13. Termination. City may terminate this Agreement with or without cause upon thirty (30) days written notice to Contractor. The effective date of termination shall be upon the date specified in the notice of termination, or, in the event no date is specified, upon the fifteenth (15th) day following delivery of the notice. In the event of such termination, City agrees to pay Contractor for services satisfactorily rendered prior ATTACHMENT 3 to the effective date of termination. Immediately upon receiving written notice of termination, Contractor shall discontinue performing services. Contractor may terminate this Agreement, or any program or service provided hereunder, at least ninety (90) days in advance of such termination. If this Agreement is terminated by the Contractor, the Contractor shall be compensated for services satisfactorily completed and approved prior to the effective data of termination. 14. Personnel. Contractor represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Contractor or under it supervision, and all personnel engaged in the work shall be qualified to perform such services. Contractor reserves the right to determine the assignment of its own employees to the performance of Contractor's services under this Agreement, but City reserves the right, for good cause, to require Contractor to exclude any employee from performing services on City's premises. 15. Non -Discrimination and Equal Employment Opportunity, A. Contractor shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement, and will comply with all rules and regulations of City relating thereto. Such nondiscrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. B. Contractor will, in all solicitations or advertisements for employees placed by or on behalf of Contractor state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. C. Contractor will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials. 16. Assignment. Contractor shall not assign or transfer any interest in this Agreement nor the performance of any of Contractor's obligations hereunder, without the prior written consent of City, and any attempt by Contractor to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect. - 17. Performance Evaluation. City will provide Contractor a written annual administrative performance evaluation within ninety (90) days of the first anniversary of the effective date of this Agreement, and each year thereafter throughout the term of this Agreement. The work product required by this Agreement shall be utilized as the ATTACHMENT 3 basis for review, and any comments or complaints received by City during the review period, either orally or in writing, shall be considered. City shall meet with Contractor prior to preparing the written report. If any noncompliance with the Agreement is found, City may direct Contractor to correct the inadequacies, or, in the alternative, may terminate this Agreement as provided herein. 18. Compliance with Laws. Contractor shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. Contractor shall keep itself informed of all State and Federal laws and regulations which In any manner affect those employed by if or in any way affect the performance of its services pursuant to this Agreement. The Contractor shall, at all times, observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity by reason of the failure of the Contractor to comply with this paragraph. 19. Non -Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Contractor constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Contractor, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 20. Attorney's Fees. In the event that either party to this Agreement shall commence any legal or equitable action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees and costs, including costs of expert witnesses and Contractors. 21. Mediation. Any dispute or controversy arising under this Agreement, or in connection with any of the terms and conditions hereof, shall be referred by the parties hereto for mediation. A third party, neutral mediation service shall be selected, as agreed upon by the parties and the costs and expenses thereof shall be borne equally by the parties hereto. In the event the parties are unable to mutually agree upon the mediator to be selected hereunder, the City Council shall select such a neutral, third party mediation service and the City Council's decision shall be final. The parties agree to utilize their good faith efforts to resolve any such dispute or controversy so submitted to mediation. It is specifically understood and agreed by the pagies hereto that referral of any such dispute or controversy, and mutual good faith efforts to resolve the same thereby, shall be conditions precedent to the institution of any action or proceeding, whether at law or in equity with respect to any such dispute or controversy. 22. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during regular business hours or by facsimile or electronic mail before or during regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to ATTACHMENT 3 such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section. 23. Governing Law. This Contract shall be interpreted, construed and enforced in accordance with the laws of the State of California. 24. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument. 25. Entire Agreement. This Agreement, and any other documents incorporated herein by specific reference, represent the entire and integrated agreement between Contractor and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by the City Manager or the Mayor and attested by the City Clerk. 26. Exhibits. Alf exhibits referred to in this Agreement are incorporated herein by this reference. 27. Severability. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way provided that the principal purpose of this Agreement is not thereby frustrated. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. "City" ATTEST:. By: udt 1ul� Tomrnyd Cribbins, City Clerk CITY OF DIAMOND BAR By: �LC -- eve Tye, ayor ATTACHMENT 3 TONTR TOR" By: ts: &Se9cti r— Exhibit "A" SCOPE OF WORK A. Standard of Performance ATTACHMENT 3 The primary objective of street sweeping is to pickup all leaves, paper, dirt, rocks, cans and/or other debris to ensure free flow of water in the gutter and to maintain streets in a state of cleanliness. The City Manager or his designee will make the final determination as to whether the work has been satisfactorily completed and may order the Contractor to re -sweep areas not completed in a satisfactory manner. Contractor shall perform all work to the highest professional standards and in a manner reasonably satisfactory to the City Manager or his designee. B. Sweeping The Contractor shall sweep and/or clean all public streets and alleys as specified herein and as included within the limits of the area shown on the Map (Appendix "C-1"). Gutters of all paved streets and raised medians shall be swept as specified in the Standard of Performance. Sweeping shall normally consist of a single pass at not more than 5 miles per hour over an area. Additional passes shall be made if necessary in problem areas where silt, leaves, debris or other conditions warrant special attention. Water shall be used while sweeping to minimize dust. The word sweeping shall define an operation and the method shall not be limited to the use of a power broom street sweeper. In the event that the results of a sweeping are considered unsatisfactory by the City Manager or his designee, the Contractor shall sweep or clean the unsatisfactory area again at no cost to the City, within two (2) calendar days without interruption in the regular sweeping schedule. Curbed areas that cannot be swept with power sweeping equipment, such as but not limited to narrow cul-de-sacs, median noses and portions of left turn pickets, shall be hand cleaned to comply with the Standard of Performance. C. Disposal of Refuse and Debris All debris and refuse collected by the Contractor shall become his property from and after the time of sweeping. The Contractor shall dispose of all refuse and debris collected during sweeping operations, at no additional cost to the City, by hauling same to a legally established area for the disposal of solid waste. Subject to the approval of the City when storage of refuse and debris is necessary prior to disposal, the Contractor shall locate and arrange for use of a temporary storage site off the street right of way. The Contractor shall remove A-1 ATTACHMENT 3 all refuse and debris from temporary storage sites before 5:00 p.m.. of the day deposited. The Contractor shall, when removing refuse and debris from temporary storage sites, remove and dispose of any waste material or objects left there by others. D. Water The Contractor shall furnish all water necessary for sweeping operations in accordance with Section III -B Sweeping (found in Request for Proposal). E. Inspection Periodic inspection of the work will be made by the City Manager or his designee to assure compliance with the specifications. F. Additional Sweeping The Contractor is to provide additional sweeping of any street(s) and alley(s) within the area shown on the Map (Appendix "C-1") at any time ordered by the City Manager or his designee. The Contractor will be compensated for such additional sweeping at the contract unit price per curb -mile in effect at the time. The method of payment will be determined by the City Manager or his designee. No allowance will be made for travel time on additional sweeps, but the minimum curb mileage to be compensated will be sixteen (16) and the minimum hours will be four (4). The need for additional sweeping may be because of storm, fire, flood, parade, public gathering, riot or other natural or unanticipated occurrence affecting the cleanliness of the streets and highways. The additional sweeping may be in lieu of or in addition to the regularly scheduled sweeping as ordered by the City Manager or his designee. Additional sweeping will normally be confined to sweeping the curb lane. If, however, additional sweeping requires the total width of the street(s) to be swept, then compensation will be at the contract unit price per curb -mile. All sweeping shall be done with sufficient passes to achieve the results set forth in the Standard of Performance. Minimum payment will be for sixteen (16) curb - miles. Notwithstanding the above, the City has the option on additional sweeps to compensate the Contractor on an hourly basis where it is difficult to determine curb -miles swept in a non -routine manner. In these cases, the hourly rate paid by the City to the Contractor shall be equal to four times the contract unit price per curb -mile. Minimum payment will be four (4) hours. A-2 ATTACHMENT 3 G. Schedule Disruption The Contractor shall sweep the designated public streets and alleys at least bi- weekly, including all curbed medians, in accordance with the established schedule (Appendix "C"). When, in opinion of the City Manager or his designee, inclement weather prevents adherence to the regular sweeping schedule, the City Manager or his designee may require the sweeping areas so affected to be swept prior to the next sweeping schedule. Any such required sweeping made necessary by inclement weather shall meet the requirements of the Standard of Performance and shall be performed by the Contractor at the normal curb -mile price in effect at the time and will not be considered additional sweeping as defined in Section, III -F, Additional Sweeping (found in Request for Proposal). When any holiday occurs on a regularly scheduled sweeping day, and said sweeping area is not swept in observance of said holiday, the subject sweeping area shall be swept one (1) day later without interruption in the regular sweeping schedule. Street sweeping days for the remainder of the week shall all be postponed one street sweeping day. Holidays are: New Year's Day, Presidents' Day, Memorial. Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, and Christmas Day. Any such sweeping shall be performed by the Contractor at the contract unit price per curb -mile and shall not be considered additional sweeping. In the event the Contractor is prevented from completing the sweeping as provided in the established schedule because of reasons other than inclement weather or holidays, it will be required to complete the sweeping services so deferred within one (1) working day without interruption in the regular sweeping schedule. H. Added and Deleted Streets It is the intent of this contract to provide for the bi-weekly sweeping of all curbed streets and improved alleys within the incorporated area shown on the map. For the months of January and December, street sweeping is done on a weekly basis. As streets and alleys are improved or annexed, they will be added to the bi-weekly sweeping schedule. Compensation to the Contractor will be based on curb miles added multiplied by the current contract unit price. Streets and alleys initially included in the schedule that are vacated by the order of the City Council will be deleted from the schedule and the affected curb mileage deducted from the contract quantities. Additions and/or deletions of curb mileage may affect the schedule and appropriate adjustments will be allowed subject to approval by the City Manager or his designee. A-3 ATTACHMENT 3 I. Utilities The Contractor shall recognize the rights of utility companies within the public right of way and their need to maintain and repair their facilities. The Contractor shall exercise due and proper care to prevent damage to utility facilities and to adjust schedules when utility operations prevent the Contractor from sweeping during a specified time frame. No additional compensation will be allowed for complying with these requirements. J. Street Sweeping Schedule and Commencement of Work It is the intent of the City to coordinate street sweeping activities with trash pickup and tree watering activities. The Contractor shall follow the established street sweeping schedule and submit a work plan to include the curb miles of streets, alleys and medians to be swept daily as well as the daily starting time. Also, a route map shall be submitted, showing the streets, alleys and medians to be swept each day by the Contractor. The Contractor shall indicate the daily sweeping route on the maps in an appropriate and understandable manner that is acceptable to the City Manager or his designee. Changes in the established schedule for the convenience of the Contractor will require approval by the City Manager or his designee prior to being included in the bi-weekly work. The City reserves the right to require the Contractor to sweep specific areas on specified days and a specified times of the day. The following guidelines will generally be applicable. t. Sweeping of streets that have posted parking restrictions specified for street sweeping shall only be swept during the posted day and hours. 2. Areas shall not be swept on the same day trash pickup is scheduled. Whenever feasible, sweeping shall be scheduled the day after trash pickup. The Contractor, working with the City, shall be responsible for determining when trash pickups are scheduled. 3. Contractor agrees that, in order to, protect the peace and quiet of residents, its street sweeping activities shall not start before 7:30 a.m. or continue after 5:00 p.m. No sweeping activities are to occur on days on Saturdays, Sundays, or on days which holidays are observed: New Year's Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, and Christmas Day. The City Manager or his designee at his discretion may make exceptions to these limitations if requested by the Contractor. 4. Streets adjacent to schools and commercial developments shall be swept prior to 6:00 a.m, or 7:00 a.m. in accordance with the established schedule. A-4 ATTACHMENT 3 Certain number of streets adjacent to apartments, condominiums or commercial cul-de-sac areas have alternate -side sweeping at different times. Morning sweeping would be from 7:30 a.m. to 11:30 a.m. and afternoon sweeping would be from 11:30 a.m. to 5:00 p.m. 6. Major arterials shall not be swept during peak traffic hours (6:00 a.m. to 9:00 a.m. and 3:30 p.m. to 7:00 p.m.). K. Approximate Mileage of Streets and Alleys The estimated quantities of work and materials to be performed or furnished by the Contractor under these specifications are as follows: ITEM OPERATION, ARTICLE OR MATERIAL UNIT AND NUMBER TO BE PERFORMED, CONSTRUCTED OR FURNISHED QUANTITY SWEEPING OF CURBED STREETS (INCLUDING 350 CURB CURBED MEDIANS) AND IMPROVED ALLEYS, MILES INCLUDING WATER AND DISPOSAL OF ALL DEBRIS NOTE: The quantity shown above is an estimate only to be used as a basis for comparing bids. The Contractor will be paid for the actual number of curb -miles swept. A-5 SCHEDULE AND COMPENSATION Schedule ATTACHMENT It is the intent of the City to coordinate street sweeping activities with trash pickup and tree watering activities. The Contractor shall follow the established street sweeping schedule and submit a work plan to include the curb miles of streets, alleys and medians to be swept daily as well as the daily starting time. Also, a route map shall be submitted, showing the streets, alleys and medians to be swept each day by the Contractor. The Contractor shall indicate the daily sweeping route on the maps in an appropriate and understandable manner that is acceptable to the City Manager or his designee. Changes in the established schedule for the convenience of the Contractor will require approval by the City Manager or his designee prior to being included in the bi-weekly work. The City reserves the right to require the Contractor to sweep specific areas on specified days and a specified times of the day. The following guidelines will generally be applicable. Sweeping of streets that have posted parking restrictions specified for street sweeping shall only be swept during the posted day and hours. 2. Areas shall not be swept on the same day trash pickup is scheduled. Whenever feasible, sweeping shall be scheduled the day after trash pickup. The Contractor, working with the City, shall be responsible for determining when trash pickups are scheduled. 3. Contractor agrees that, in order to protect the peace and quiet of residents, its street sweeping activities shall not start before 7:30 a.m. or continue after 5:00 p.m. No sweeping activities are to occur on days on Saturdays, Sundays, or on days which holidays are observed: New Year's -Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, and Christmas Day. The City Manager or his designee at his discretion may make exceptions to these limitations if requested by the Contractor. 4. Streets adjacent to schools and commercial developments shall be swept prior to 6:00 a.m. or 7:00 a.m. in accordance with the established schedule. 5. Certain number of streets adjacent to apartments, condominiums or commercial cul- de-sac areas have alternate -side sweeping at different times. Morning sweeping would be from 7:30 a.m. to 11:30 a.m. and afternoon sweeping would be from 11:30 a.m. to 5:00 p.m. 6. Major arterials shall not be swept during peak traffic hours (6:00 a.m. to 9:00 a.m. and 3:30 p.m. to 7:00 p.m.). Compensation The Contractor shall submit a claim for payment to the City Manager or his designee every fourth week commencing with the fifth week for work completed during the previous 4 -week period. The claim shall enumerate the scheduled curb miles swept, authorized additions and deletions and additional work ordered by the City Manager or his designee. ATTACHMENT 3 Center Medians. (weekly) $18454.80 Per Year $11.115 Per Curb -mile - (bi-weekly) $0227,40 Per Year $11,85 Per Curb -mile In the event any new streets are added within the City of Diamond Bar, the charge for . each.additional curb -mile swept shall be: $15.00 Per Curb -mile Rate Schedule/Proposal for Optional *Please see attached rate sheet* Automated Parking Enforcement System Rate: $ Per Sweeper *The City reserves the right to add optional automated parking enforcement system to the contract upon award. The undersigned proposer further understands that the City of Diamond Bar reserves the right to award all or any part of this contract without any obligation to the City. The City -also reserves the right to waive any informality in proposals. Name of Proposer R.F. Dickson Co., Inc Steve Dickson By: �cc CU (Signature of Proposer) 'Dated: 2/15/2011 _'** If drought situation occurs, the Cityof.Diamond•Bar resen!es the rlgfii to alter'th.o frequency of. street sweepipg for'the purppses of water conservation.. Agenda # 6, 9 Meeting Date: June 21, 2016 CITY COUNCIL AGENDA REPORT r98H TO: Honorable Mayor and Membe of the City Council VIA: James DeStefano, City Man g TITLE: APPROVAL OF THE SECOND MENDMENT TO THE CONSULTING SERVICES AGREEMENT WITH SYTECH SOLUTIONS, INC., EXTENDING THE CONTRACT TERM THROUGH JUNE 30, 2017 AT A COST OF $60,000 FOR A TOTAL NOT -TO -EXCEED AMOUNT OF $ 200,000. RECOMMENDATION: Approve. FISCAL IMPACT: If approved, there would be no additional appropriation of general fund dollars necessary. Unexpended funds appropriated in FY 2015-16 under the current agreement would be carried over to FY 2016-17 and the City Council's adopted FY 2016-17 budget appropriates additional funds specifically for ongoing document scanning services. BACKGROUND: On April 15, 2014, the City Council approved a Consulting Services Agreement with SyTech Solutions, Inc. in an amount not -to -exceed $100,000 for imaging, scanning and indexing the city's documents, and preparing them for upload to the Laserfiche system. On June 2, 2015, staff again requested and the City Council approved Amendment No. 1 to the Agreement for continued scanning/indexing of documents in the amount of $40,000 bringing the total not -to -exceed amount to $140,000. With hundreds of thousands of city documents still to be digitized and imported into the system staff is recommending that the Council approve Amendment No. 2 to the Consulting Services Agreement with SyTech in the amount of $60,000, bringing the total not -to -exceed amount of $200,000. Pry pared by: s Tomm e Cribbins, City Clerk L. Dianna Honeywell, Finance DirLdctor Reviewed Ryan, McL a Deputy City Manager Attachment: Second Amendment to Consulting Services Agreement. SECOND AMENDMENT TO CONSULTING SERVICES AGREEMENT THIS SECOND AMENDMENT TO CONSULTING SERVICES AGREEMENT ("Amendment') is executed as of , 2016 by and between the City of Diamond Bar, California, a municipal corporation ("City") and SyTech Solutions, Inc. ("Consultant'), hereinafter together occasionally referred to as "the parties". RECITALS A. In April 2014, Consultant entered into a Consulting Services Agreement ("Agreement') with the City to provide document scanning/imaging services for a period expiring June 30, 2015. B. In June, 2015, the City Council approved Amendment No. 1 to the Consulting Services Agreement ("Agreement') with the City to continue providing document scanning/imaging services for a period expiring June 30, 2016. B. The parties desire to amend the Agreement again to extend the term through June 30, 2017 at a not -to -exceed cost of $60,000, bringing the amended total not -to -exceed Agreement amount to $200,000. NOW THEREFORE, in consideration of the foregoing, City and Consultant hereby agree to amend the Agreement and the Second Amendment as follows: Paragraph 2 is amended to read as follows: This Agreement shall take effect June 21, 2016 and shall continue until June 30, 2017 unless earlier terminated pursuant to the provisions herein. Paragraph 3 is amended to read as follows: City agrees to compensate Consultant for each service which Consultant performs to the satisfaction of City in compliance with the schedule set forth in Exhibit "B." Pricing for additional services or products not specified in the Scope of Services shall be priced in accordance with "Additional Pricing" as set forth in Exhibit "B". Payment will be made only after submission of proper invoices in the form specified by City. Total payment to Consultant pursuant to this Agreement shall not exceed Two Hundred Thousand Dollars ($200,000.00). IN WITNESS WHEREOF, the parties have executed this Amendment as of the date and year first written above. ATTEST: W1901 a R _u•0• By: Tommye Cribbins, City Clerk Nancy, A. Lyons Mayor Approved as to form: 0 David DeBerry, City Attorney "CONSULTANT" M Its: Agenda # 6. 10 a Meeting Date: June 21, 2016 CITY COUNCIL �� AGENDA REPORT �rJs`•i/ TO: Honorable Mayor and Membersf the City Council VIA: James DeStefano, City Man o` TITLE: AWARD OF CONSTRUCTIO ADMINISTRATION SERVICES CONTRACT TO ONWARD ENGINEERING FOR THE DIAMOND BAR BLVD. AND BREA CANYON ROAD INTERSECTION ENHANCEMENT PROJECT, CITY PROJECT # 26315, IN THE AMOUNT OF $71,6003 PLUS A CONTINGENCY AMOUNT OF $7,100 FOR A TOTAL AUTHORIZATION OF $78,700. RECOMMENDATION: Award. FINANCIAL IMPACT: The total Capital Improvement Project Budget for the Diamond Bar Blvd./Brea Canyon Road Intersection Enhancement Project includes $288,270 of Prop C Funds, $248,730 of Traffic Impact Funds and $115,243.31 of Developer Fees, for a total allocation of $652,243.31. To date, a total of $89,832.29 for the procurement of five decorative traffic signal poles and design services has been encumbered leaving a balance of $562,411.02. Encumbrance and expenditure for the construction will occur after July 1, 2016. Diamond Bar Blvd./Brea Canyon Road Enhancement Pro "ect-Pro "ect# 26315 Budget Encumbrance Balance Prop C Funds $288,270.00 $288,270.00 Traffic Impact Funds $248,730.00 $537,000.00 Developer Fees $115,243.31 $652,243.31 DMS (Project Design) ($23,690.00) $628,553.31 Decorative Signal Poles ($66,142.00) $562,411.31 Beador Construction (Construction) ($436,700.00) $125,711.31 Beador Construction Contingency Construction ($43,670.00) $82,041.31 Onward Engineering CM Services $71,600.00 $10,441.31 Onward Engineering Contingency (CM Services ($7,100.00) $3,341.31 BACKGROUND/DISCUSSION: Similar to the Grand Avenue Beautification Project, this project will highlight the Diamond Bar community identity and create visual points of interest accomplishing a goal of the City's General Plan which is to be recognized as a community of a well-planned and aesthetically pleasing physical environment. The Willow Heights development (also known as Site D or Tract Map Number 72295) was approved at the December 17, 2013 City Council Meeting to allow the subdivision for the development of 182 single-family dwelling units and a 2.5 net acre neighborhood public park by Lennar Homes. As part of the Development Agreement dated May 30, 2012 between the City and Lennar Homes, the Developer was required to incorporate mitigations as part of the Environmental Impact Report (EIR) dated in July 18, 2013 which included traffic improvements and a public park dedication. The Developer's required traffic mitigation improvements at the intersection of Diamond Bar Boulevard/Brea Canyon Road include replacing three (3) traffic signal poles with decorative poles; constructing new curb and gutter, color concrete sidewalks, two (2) decorative paver crosswalks, and an ADA compliant curb ramp at the southeast corner of the intersection; widening and re -striping the northbound approach on Brea Canyon Road to provide a second dedicated right turn lane; and restriping westbound approach on Diamond Bar Boulevard to provide a second left turn lane. Currently, the construction of the intersection widening including the new curb and gutter is underway at the Diamond Bar Boulevard/Brea Canyon Road intersection. Additionally, three (3) decorative traffic signal poles have been installed to match the Grand Avenue Beautification Project's decorative traffic signal poles. The new traffic signal at Diamond Bar Boulevard/Cherrydale Drive was installed and completed July 2015 and it is in full operation. This project includes replacing the remaining five (5) traffic signal poles with decorative poles, constructing three (3) ADA compliant curb ramps, four (4) decorative paver crosswalks, and preparing updated traffic signal timing plans at Brea Canyon Road and Diamond Bar Boulevard to complete the overall enhancements to the intersection. Onward Engineering was awarded the construction administrative services contract for the Grand Avenue Beautification Project in February 2015. During the construction of the Grand Avenue Beautification project, Onward Engineering's performance exceeded the City's needs and expectations. In order to maintain consistency with the recently completed project at the Diamond Bar Boulevard/Grand Avenue and Grand Avenue/Longview Drive intersections, staff is recommending retaining Onward Engineering to perform the construction administrative services for the Diamond Bar Boulevard and Brea Canyon Road intersection enhancements due to their extensive experience with the unique and significant streetscape elements incorporated into the project. Onward Engineering scope of work includes: • Utility Coordination throughout the duration of the contract 2 • Labor Compliance • Job Safety Compliance • Construction Inspection • Material Testing • Traffic Control Review and Inspection • Change Order Reviews • Progress Payment Review • Request for Information Coordination • Submittal review The tentative schedule of this project is as follows: Award of Contract June 21, 2016 Notice to Proceed/Begin Construction July 2016 Completion of Construction September 2016 PREPARED BY: DATE PREPARED: John Beshay, Associate Engineer June 14, 2016 REVIEWED BY: David . Li , Director of Public Works Dianna Honeywell, Finance Dire r Attachments: Consulting Services Agreement CONSULTING SERVICES AGREEMENT THIS AGREEMENT (the "Agreement") is made as of June 21, 2016, by and between the City of Diamond Bar, a municipal corporation ("City") and Onward Engineering, ("Consultant"). 1. Consultant's Services. Subject to the terms and conditions set forth in this Agreement Consultant shall provide to the reasonable satisfaction of the City the services set forth in the attached Exhibit "A", which is incorporated herein by this reference. As a material inducement to the City to enter into this Agreement, Consultant represents and warrants that it has thoroughly investigated the work and fully understands the difficulties and restrictions in performing the work. Consultant represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expertise of its principals and employees. David G. Liu, Director of Public Works and/or his designee shall be the person to whom the Consultant will report for the performance of services hereunder. It is understood that Consultant shall coordinate its services hereunder with the City's Project Manager to the extent required by the City's Project Manager, and that all performances required hereunder by Consultant shall be performed to the satisfaction of the City's Project Manager and the City Manager 2. Term of Agreement. This Agreement shall take effect June 21, 2016, and shall continue unless earlier terminated pursuant to the provisions herein. 3. Compensation. City agrees to compensate Consultant for each service which Consultant performs to the satisfaction of City in compliance with the scope of services set forth in Exhibit "A". Payment will be made only after submission of proper invoices in the form specified by City. Total payment to Consultant pursuant to this Agreement shall not exceed seventy one thousand six hundred dollars and zero cents ($71,600.00) without the prior written consent of the City. The above not to exceed amount shall include all costs, including, but not limited to, all clerical, administrative, overhead, telephone, travel and all related expenses. 4. Payment. A. As scheduled services are completed, Consultant shall submit to City an invoice for the services completed, authorized expenses and authorized extra work actually performed or incurred. B. All such invoices shall state the basis for the amount invoiced, including services completed, the number of hours spent and any extra work performed. I C. City will pay Consultant the amount properly invoiced within 35 days of receipt, but may withhold 30% of any invoice until all work is completed, which sum shall be paid within 35 days of completion of the work and receipf of all deliverables. D. Payment shall constitute payment in full for all services, authorized costs and authorized extra work covered by that invoice. 5. Change Orders. No payment for extra services caused by a change in the scope or complexity of work, or for any other reason, shall be made unless and until such extra services and a price therefore have been previously authorized in writing and approved by the City Manager or his designee as an amendment to this Agreement. The amendment shall set forth the changes of work, extension of time, if any, and adjustment of the fee to be paid by City to Consultant. 6. Priority of Documents. In the event of any inconsistency between the provisions of this Agreement and any attached exhibits, the provisions of this Agreement shall control. 7. Status as Independent Contractor. A. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City. B. Consultant agrees to pay all required taxes on amounts paid to Consultant under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. In the event that City is audited by any Federal or State agency regarding the independent contractor status of Consultant and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between City and Consultant, then Consultant agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto. C. Consultant shall fully comply with Workers' Compensation laws regarding Consultant and Consultant's employees. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with applicable Worker's Compensation laws. D. Consultant shall, at Consultant's sole cost and expense fully secure and comply with all federal, state and local governmental permit or licensing requirements, including but not limited to the City of Diamond Bar, South Coast Air Quality Management District, and California Air Resources Board. 2 E. In addition to any other remedies it may have, City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification required by this Agreement or for any amount or penalty levied against the City for Consultant's failure to comply with this Section. 8. Standard of Performance. Consultant shall perform all work at the standard of care and skill ordinarily exercised by members of the profession under similar conditions and represents that it and any subcontractors it may engage, possess any and all licenses which are required to perform the work contemplated by this Agreement and shall maintain all appropriate licenses during the performance of the work. 9. Indemnification. Consultant shall indemnify, defend with counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers ("Indemnitees") from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys' fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with: (1) Any and all claims under Worker's Compensation acts and other employee benefit acts with respect to Consultant's employees or Consultant's contractor's employees arising out of Consultant's work under this Agreement; and (2) Any and all claims arising out of Consultant's performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, regardless of City's passive negligence, but excepting such loss or damage which is caused by the sole active negligence or willful misconduct of the City. Should City in its sole discretion find Consultant's legal counsel unacceptable, then Consultant shall reimburse the City its costs of defense, including without limitation reasonable attorneys' fees, expert fees and all other costs and fees of litigation. The Consultant shall promptly pay any final judgment rendered against the Indemnitees. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement. Except for the Indemnitees, this Agreement shall not be construed to extend to any third party indemnification rights of any kind. (3) To the fullest extent permitted by law, Consultant agrees to indemnify and hold Indemnitees entirely harmless from all liability arising out of any claim, loss, injury to or death of persons or damage to property caused by the negligent professional act or omission in the performance of professional services pursuant to this Agreement. 3 10. Insurance. A. Consultant shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company authorized to do business in the State of California and approved by the City the following insurance: (1) a policy or policies of broad -form comprehensive general liability insurance written on an occurrence basis with minimum limits of $1,000,000.00 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Consultant; its officers, employees, agents, and independent contractors in performance of services under this Agreement; (2) property damage insurance with a minimum limit, of $500,000.00 per occurrence; (3) automotive liability insurance written on an occurrence basis covering all owned, non -owned and hired automobiles, with minimum combined single limits coverage of $1,000,000.00; (4) Worker's Compensation insurance when required by law, with a minimum limit of $500,000.00 or the amount required by law, whichever is greater; and (5) Professional liability insurance covering errors and omissions arising out of the performance of this Agreement with a combined single limit of $1,000,000. If such insurance is on a claims made basis, Consultant agrees to keep such insurance in full force and effect for at least five years after termination or date of completion of this Agreement. B. The City, its officers, employees, agents, and volunteers shall be named as additional insureds on the policies as to comprehensive general liability, property damage, and automotive liability. The policies as to comprehensive general liability, property damage, and automobile liability shall provide that they are primary, and that any insurance maintained by the City shall be excess insurance only. C. All insurance policies shall provide that the insurance coverage shall not be non -renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City ten (10) day's prior written notice thereof. Consultant agrees that it will not cancel, reduce or otherwise modify the insurance coverage and in the event of any of the same by the insurer to immediately notify the City. D. All policies of insurance shall cover the obligations of Consultant pursuant to the terms of this Agreement and except for professional liability insurance, shall be issued by an insurance company which is authorized to do business in the State of California or which is approved in writing by the City; and shall be placed have a current A.M. Best's rating of no less than A-, VII. In the case of professional liability insurance, such coverage shall be issued by companies either licensed or admitted to conduct 4 business in the State of California so long as such insurers possesses the aforementioned Best's rating. E. Consultant shall submit to City (1) insurance certificates indicating compliance with the minimum insurance requirements above, and (2) insurance policy endorsements or a copy of the insurance policy evidencing the additional insured requirements in this Agreement, in a form acceptable to the City. F. Self -Insured Retention/Deductibles. All policies required by this Agreement shall allow City, as additional insured, to satisfy the self-insured retention ("SIR") and/or deductible of the policy in lieu of the Consultant (as the named insured) should Consultant fail to pay the SIR or deductible requirements. The amount of the SIR or deductible shall be subject to the approval of the City. Consultant understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by Consultant as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should City pay the SIR or deductible on Consultant's due to such failure in order to secure defense and indemnification as an additional insured under the policy, City may include such amounts as damages in any action against Consultant for breach of this Agreement in addition to any other damages incurred by City due to the breach. G. Subrogation. With respect to any Workers' Compensation Insurance or Employer's Liability Insurance, the insurer shall waive all rights of subrogation and contribution it may have against the Indemnitees. H. Failure to Maintain Insurance. If Contractor fails to keep the insurance required under this Agreement in full force and effect, City may take out the necessary insurance and any premiums paid, plus 10% administrative overhead, shall be paid by Consultant, which amounts may be deducted from any payments due Consultant. I. Consultant shall include all subcontractors, if any, as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor to the City for review and approval. All insurance for subcontractors shall be subject to all of the requirements stated herein. 11. Confidentiality. Consultant in the course of its duties may have access to confidential data of City, private individuals, or employees of the City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. Notwithstanding the foregoing, to the extent Consultant prepares reports of a proprietary nature specifically for and in connection with certain projects, the City shall not, except with Consultant's prior written consent, use the same for other unrelated projects. 5 12. Ownership of Materials. Except as specifically provided in this Agreement, all materials provided by Consultant in the performance of this Agreement shall be and remain the property of City without restriction or limitation upon its use or dissemination by City. Consultant may, however, make and retain such copies of said documents and materials as Consultant may desire. 13. Maintenance and Inspection of Records. In accordance with generally accepted accounting principles, Consultant and its subcontractors shall maintain reasonably full and complete books, documents, papers, accounting records, and other information (collectively, the "records') pertaining to the costs of and completion of services performed under this Agreement. The City and any of their authorized representatives shall have access to and the right to audit and reproduce any of Consultant's records regarding the services provided under this Agreement. Consultant shall maintain all such records for a period of at least three (3) years after termination or completion of this Agreement. Consultant agrees to make available all such records for inspection or audit at its offices during normal business hours and upon three (3) days' notice from the City, and copies thereof shall be furnished if requested. 14. Conflict of Interest. A. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by Consultant under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement. B. Consultant covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of hardware or software to City as a result of the performance of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. 15. Termination. The City may terminate this Agreement with or without cause upon fifteen (15) days' written notice to Consultant. The effective date of termination shall be upon the date specified in the notice of termination, or, in the event no date is specified, upon the fifteenth (15th) day following delivery of the notice. In the event of such termination, City agrees to pay Consultant for services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written notice of termination, Consultant shall discontinue performing services, unless the notice provides otherwise, except those services reasonably necessary to effectuate the termination. The City shall be not liable for any claim of lost profits. 16. Personnel/Designated Person. Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by 0 Consultant or under it supervision, and all personnel engaged in the work shall be qualified to perform such services. Except as otherwise authorized by the City's Project Manager, David G. Liu, Director of Public Works and/or his designee shall be the person who primarily performs the work provided under this Agreement. Except as provided in this Agreement, Consultant reserves the right to determine the assignment of its own employees to the performance of Consultant's services under this Agreement, but City reserves the right in its sole discretion to require Consultant to exclude any employee from performing services on City's premises. 17. Non -Discrimination and Equal Employment Opportunity. A. Consultant shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement, and will comply with all rules and regulations of City relating thereto. Such nondiscrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. B. Consultant will, in all solicitations or advertisements for employees placed by or on behalf of Consultant state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. C. Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials. 18. Time of Completion. Consultant agrees to commence the work provided for in this Agreement within (5) days of being notified by the City to proceed and to diligently prosecute completion of the work within two hundred forty five (245) calendar days from such date or as may otherwise be agreed to by and between the City's Project Manager and the Consultant. 19. Time Is of the Essence. Time is of the essence in this Agreement. Consultant shall do all things necessary and incidental to the prosecution of Consultant's work. 20. Delays and Extensions of Time. Consultant's sole remedy for delays outside its control shall be an extension of time. No matter what the cause of the delay, Consultant must document any delay and request an extension of time in writing at the time of the delay to the satisfaction of City. Any extensions granted shall be limited to the length of the delay outside Consultant's control. If Consultant believes that delays 7 caused by the City will cause it to incur additional costs, it must specify, in writing, why the delay has caused additional costs to be incurred and the exact amount of such cost within 10 days of the time the delay occurs. No additional costs can be paid that exceed the not to exceed amount absent a written amendment to this Agreement. In no event shall the Consultant be entitled to any claim for lost profits due to any delay, whether caused by the City or due to some other cause. 21. Assignment. Consultant shall not assign or transfer any interest in this Agreement nor the performance of any of Consultant's obligations hereunder, without the prior written consent of City, and any attempt by Consultant to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect. 22. Compliance with Laws. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. 23. Non -Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 24. Attorney's Fees. In the event that either party to this Agreement shall commence any legal or equitable action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees and costs, including costs of expert witnesses and consultants. 25. Mediation. Any dispute or controversy arising under this Agreement, or in connection with any of the terms and conditions hereof, which cannot be resolved by the parties, may be referred by the parties hereto for mediation. A third party, neutral mediation service shall be selected, as agreed upon by the parties and the costs and expenses thereof shall be borne equally by the parties hereto. The parties agree to utilize their good faith efforts to resolve any such dispute or controversy so submitted to mediation. It is specifically understood and agreed by the parties hereto that mutual good faith efforts to resolve the same any dispute or controversy as provided herein, shall be a condition precedent to the institution of any action or proceeding, whether at law or in equity with respect to any such dispute or controversy. 26. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during regular business hours or by facsimile before or during regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other a addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section. "CONSULTANT" Onward Engineering 300 S. Harbor Blvd, Ste. 814 Anaheim, CA 92805 Attn.: Majdi Ataya, P.E. Phone: (714)533-3050 E -Mail: MAtaya@oe-eng.com "CITY" City of Diamond Bar 21810 Copley Drive Diamond Bar, CA 91765-4178 Attn.: David G. Liu, P.E. Phone: (909)839-7040 E-mail: DLiu@Diamond BarCA. Gov 27. Governing Law. This Agreement shall be interpreted, construed and enforced in accordance with the laws of the State of California. 28. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument. 29. Entire Agreement. This Agreement, and any other documents incorporated herein by reference, represent the entire and integrated agreement between Consultant and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by a person duly authorized to do so under the City's Purchasing Ordinance. IN WITNESS of this Agreement, the parties have executed this Agreement as of the date first written above. "Consultant" Onward Engineering Printed Name: Title: By: Printed Name: Title: 9 "City" CITY OF DIAMOND BAR Bv: Nancy A. Lyons, Mayor ATTEST: Tommye Cribbins, City Clerk Approved as to form: M 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. 10 F,4 -;,6 -Lt John Beshay, M.S. Associate Engineer City of Diamond Bar 21810 Copley Drive Diamond Bar, CA 91765-4178 May 12, 2016 SUBJECT: Letter Proposal to Provide Construction Management & Inspection Services for the Diamond Bar Blvd./ Brea Canyon Road Intersection Enhancement Project (City Project#26315) OUR i#'AW1 HAS t'HEi F.XPERIFNCE 44 YOU AR LOOKIN6 r ORI Onward Engineering (OE) is pleased to present this letter proposal to provide construction management and inspection services for the Diamond Bar Blvd./ Brea Canyon Road Intersection Enhancement Project (City Project #26315). Our proposed Construction Manager is Doug Benash and our proposed Inspector is Steve Bauer. Both gentlemen are familiar with the City of Diamond Bar and had worked on a similar enhancement project for the City. WE: UNC.7I:RSTAN!' DHE PROJECT SCOPE AND GOALS This project is slated to begin in June of 2016. The project includes the rehabilitation of asphalt pavement; reconstruction of sidewalk and curb ramps; traffic signal; decorative crosswalk; interlocking pavers; and other incidental and appurtenant work. OUR !tPPR(:)t .31 T <` THE_ PROJECT 8 t`_'."E S Un APART Our firm is uniquely qualified in three major areas that will be key to this project: (1) our knowledge and familiarity with the City's standard details, specifications, procedures and guidelines; (2) our approach to project controls, striving to achieve estimating, cost control, and scheduling objectives through conscious planning, execution of the work, and the continuous monitoring of cost, schedule, quantities, and performance during construction; (3) our emphasis on safety, quality, and open lines of communication with the City staff and the public. EH f'Rtjt'WAL Assumptions • 60 working days construction time • Construction Management Time: 3 hours/day • Construction Management Hours: 60 working days X 3 hours/day = 180 hours • Inspection Time: 8 hours/day • Inspection Hours: 60 working days X 8 hours/day = 480 hours Breakdown of Cost Title Hours Rate Amount Construction Manager 180 $105 18,900 Sr. PW Inspector 480 $90 $43,200 Geotechnical Services $9,500 TOTAL $71,600 r,Harbor, 814, CA8 John Beshay, M.S. Associate Engineer City of Diamond Bar 21810 Copley Drive Diamond Bar, CA 91765-4178 May 12, 2016 SUBJECT: Letter Proposal to Provide Construction Management & Inspection Services for the Diamond Bar Blvd./ Brea Canyon Road Intersection Enhancement Project (City Project#26315) OUR i#'AW1 HAS t'HEi F.XPERIFNCE 44 YOU AR LOOKIN6 r ORI Onward Engineering (OE) is pleased to present this letter proposal to provide construction management and inspection services for the Diamond Bar Blvd./ Brea Canyon Road Intersection Enhancement Project (City Project #26315). Our proposed Construction Manager is Doug Benash and our proposed Inspector is Steve Bauer. Both gentlemen are familiar with the City of Diamond Bar and had worked on a similar enhancement project for the City. WE: UNC.7I:RSTAN!' DHE PROJECT SCOPE AND GOALS This project is slated to begin in June of 2016. The project includes the rehabilitation of asphalt pavement; reconstruction of sidewalk and curb ramps; traffic signal; decorative crosswalk; interlocking pavers; and other incidental and appurtenant work. OUR !tPPR(:)t .31 T <` THE_ PROJECT 8 t`_'."E S Un APART Our firm is uniquely qualified in three major areas that will be key to this project: (1) our knowledge and familiarity with the City's standard details, specifications, procedures and guidelines; (2) our approach to project controls, striving to achieve estimating, cost control, and scheduling objectives through conscious planning, execution of the work, and the continuous monitoring of cost, schedule, quantities, and performance during construction; (3) our emphasis on safety, quality, and open lines of communication with the City staff and the public. EH f'Rtjt'WAL Assumptions • 60 working days construction time • Construction Management Time: 3 hours/day • Construction Management Hours: 60 working days X 3 hours/day = 180 hours • Inspection Time: 8 hours/day • Inspection Hours: 60 working days X 8 hours/day = 480 hours Breakdown of Cost Title Hours Rate Amount Construction Manager 180 $105 18,900 Sr. PW Inspector 480 $90 $43,200 Geotechnical Services $9,500 TOTAL $71,600 Phone 714-533-3050 www. OnwardEngineering.com Fax 714-948-8978 ex-k;'bL-t ° A.' LET'S BULD A 131 T i l--zR TOMORROW, T ODAYI I will act as the Principal -In -Charge for this contract and the individual responsible for entering OE into agreement with the City of Diamond Bar. My time in public works as a former City Engineer and Deputy Director of Public Works means I know what public sector clients want. I will diligently act as your advocate and as an extension of your staff. If you have any questions or require additional Information, please feel free to contact me at any time at (714) 533-3050 or by email at maty a oe-eng com. We look forward to becoming your consultant of choice. Yours Truly, Majdi Ataaya, PE President Agenda # 6.10 bb Meeting Date: June 21, 2016 CITY COUNCIL R F� AGENDA REPORT TO: Honorable Mayor and Member of the City Council VIA: James DeStefano, City Man g TITLE: APPROVE RESOLUTION 20 6 -XX APPROVING PLANS AND SPECIFICATIONS AND ESTABLISHING A PROJECT PAYMENT ACCOUNT AND AWARD OF CONTRACT FOR THE CONSTRUCTION OF DIAMOND BAR BLVD. IBREA CANYON ROAD INTERSECTION ENHANCEMENT PROJECT TO BEADOR CONSTRUCTION COMPANY INC. IN THE AMOUNT OF $436,700, PLUS A CONTINGENCY AMOUNT OF $43,670 FOR A TOTAL AUTHORIZATION OF $480,370. RECOMMENDATION: Approve and Award. FISCAL IMPACT: The total Capital Improvement Project Budget for the Diamond Bar Blvd./Brea Canyon Road Intersection Enhancement Project includes $288,270 of Prop C Funds, $248,730 of Traffic Impact Funds, and $115,243.31 of Developer Fees for a total allocation of $652,243.31. To date a total of $89,832.29 for the procurement of five decorative traffic signal poles and design services has been encumbered leaving a balance of $562,411.02. Encumbrance and expenditure for the construction will occur after July 1, 2016. Diamond Bar Blvd./Brea Canyon Road Enhancement Pro "ect-Project# 26315 Budget Encumbrance Balance Prop C Funds $288,270.00 $288,270.00 Traffic Impact Funds $248,730.00 $537,000.00 Developer Fees $115,243.31 $652,243.31 DMS (Project Design) ($23,690.00) $628,553.31 Decorative Signal Poles ($66,142.00) $562,411.31 Beador Construction (Construction) ($436,700.00) $125,711.31 Beador Construction Contingency Construction ($43,670.00) $82,041.31 Onward Engineering CM Services $71,600.00 $10,441.31 Onward Engineering Contingency (CM Services ($7,100.00) $3,341.31 BACKGROUND/DISCUSSION: Similar to the Grand Avenue Beautification Project, this project will highlight the Diamond Bar community identity and create visual points of interest accomplishing a coal of the City's General Plan which is to be recognized as a community of a well-planned and aesthetically pleasing physical environment. The Willow Heights development (also known as Site D or Tract Map Number 72295) was approved at the December 17, 2013 City Council Meeting to allow the subdivision for the development of 182 single-family dwelling units and a 2.5 net acre neighborhood public park by Lennar Homes. As part of the Development Agreement dated May 30, 2012 between the City and Lennar Homes, the Developer was required to incorporate mitigations as part of the Environmental Impact Report (EIR) dated July 18, 2013 which included traffic improvements and a public park dedication. The Developer's required traffic mitigation improvements at the intersection of Diamond Bar Boulevard/ Brea Canyon Road include replacing three (3) traffic signal poles with decorative poles; constructing new curb and gutter, color concrete sidewalks, two (2) decorative paver crosswalks, and an ADA compliant curb ramp at the southeast corner of the intersection; widening and re -striping the northbound approach on Brea Canyon Road to provide a second dedicated right turn lane; and restriping westbound approach on Diamond Bar Boulevard to provide a second left turn lane. Currently, the construction of the intersection widening including the new curb and gutter is underway at the Diamond Bar Boulevard/Brea Canyon Road intersection. Additionally, three (3) decorative traffic signal poles have been installed to match the Grand Avenue Beautification Project's decorative traffic signal poles. The new traffic signal at Diamond Bar Boulevard/Cherrydale Drive was installed and completed in July 2015 and it is in full operation. This project includes replacing the remaining five (5) traffic signal poles with decorative poles, constructing three (3) ADA compliant curb ramps, four (4) decorative paver crosswalks, and preparing updated traffic signal timing plans at Brea Canyon Road and Diamond Bar Boulevard to complete the overall enhancements to the intersection. The intersection improvements are consistent with the 2015-2016 City Council Goals and Objectives that call for the development of a city-wide branding plan that incorporates standard design elements with a unifying theme that reflects the image of Diamond Bar for the purpose of incorporating the features of the Grand Avenue Beautification Project and at city entry points. With the completion of the plans and specifications, the project was advertised for bids on April 18, 2016. On May 5, 2016, five (5) bids were received. Beador Construction Company, Inc. submitted the lowest base bid in the amount of $436,700.00. 2 The followina is a summary of the bids received. No. d <:.= 1. Beador Construction Company, Inc. $436,700.00 2. All American Asphalt Corp. $445,000.00 3. Vido Samarzich $478,780.00 4. CT&T Concrete Paving $479,265.90 5. Sully -Miller Constructing $698,605.00 The engineer's estimate was $500,000.00 including contingency. Staff has verified the contractor state license for Beador Construction Company, Inc. and found it to be valid. References were also checked and excellent comments were given about the work completed. The project schedule is tentatively set as follows: Award of Contract June 21, 2016 Notice to Proceed/Begin Construction July 2016 Completion of Construction September 2016 PREPARED BY: John Beshay, Associate Engineer REVIEWED David . Ob, Director of Public Works Attachments: Contractor Agreement Resolution 2016 -XX 3 DATE PREPARED: June 14, 2016 Dianna Honeywell, Finance Dire r RESOLUTION NO. 2016- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE DESIGN AND PLANS FOR THE CONSTRUCTION OF DIAMOND BAR BLVD./BREA CANYON ROAD INTERSECTION ENHANCEMENT PROJECT PURSUANT TO GOVERNMENT CODE SECTION 830.6 AND ESTABLISHING A PROJECT PAYMENT ACCOUNT. The City Council of the City of Diamond Bar does resolve as follows: SECTION 1: The City Council finds and declares as follows: A. The City retained DMS Consultants, Inc. ("Consultant") as the engineer to design and prepare the plans for the Diamond Bar Blvd./Brea Canyon Road Intersection Enhancement Project; B. The Consultant informed the City Engineer that these plans are complete and that construction of the Project may begin; C. The City Engineer reviewed the completed design and plans for the Project and agrees with the Consultant that the plans are complete and the Project may be constructed; D. The City Council wishes to obtain the immunities set forth in Government Code § 830.6 with regard to the plans and construction of the Project. SECTION 2: Design Immunity; Authorization. A. The design and plans for the Project are determined to be consistent with the City's standards and are approved. B. The design approval set forth in this Resolution occurred before actual work on the Project construction commenced. C. The approval granted by this Resolution conforms with the City's General Plan. D. The City Engineer, or designee, is authorized to act on the City's behalf in approving any alterations or modifications of the design and plans approved by this Resolution. E. The approval and authorization granted by this Resolution is intended to avail the City of the immunities set forth in Government Code § 830.6. SECTION 3: Project Payment Account. For purposes of the Contract Documents administering the Project, the City Council directs the City Manager, or designee, to establish a fund containing sufficient monies from the current fiscal year budget to pay for the Project ("Project Payment Account'). The Project Payment Account is the sole source of funds available for the Contract Sum, as defined in the Contract Document administering the Project. SECTION 4: The City Clerk is directed to certify the adoption of this Resolution. SECTION 5: This Resolution will become effective immediately upon adoption. PASSED, APPROVED, AND ADOPTED this 21st day of June, 2016. Nancy A. Lyons, Mayor I, Tommye A. Cribbins, City Clerk of the City of Diamond Bar, California, do hereby certify that the foregoing Resolution 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 21St day of June, 2016, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: 2 Tommye A. Cribbins, City Clerk AGREEMENT The following agreement ("AGREEMENT") is made and entered into, in duplicate, as of the date executed by the Mayor and attested to by the City Clerk, by and between Beador Construction Company, Inc. hereinafter referred to as the "CONTRACTOR" and the City of Diamond Bar, California, hereinafter referred to as "CITY.c. WHEREAS, pursuant to Notice Inviting Sealed Bids, bids were received, publicly opened, and declared on the date specified in the notice; and WHEREAS, CITY accepted the bid of CONTRACTOR Beador Construction Company, Inc. and; WHEREAS, CITY has authorized the Mayor to execute a written contract with CONTRACTOR for furnishing labor, equipment and material for the Diamond Bar Boulevard/ Brea Canyon Road Intersection Enhancement Prosect in the City of Diamond Bar. NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is agreed: 1. GENERAL SCOPE OF WORK: CONTRACTOR shall furnish all necessary labor, tools, materials, appliances, and equipment for and do the work for the Diamond Bar Boulevard/ Brea Canyon Road Intersection Enhancement Project, Proiect#26315 in the City of Diamond Bar. The work to be performed in accordance with the plans and specifications, dated April 13, 2016 (The Plans and Specifications) on file in the office of the City Clerk and in accordance with bid prices hereinafter mentioned and in accordance with the instructions of the City Engineer. 2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY: The Plans and Specifications are incorporated herein by reference and made a part hereof with like force and effect as if set forth in full herein. The Plans and Specifications, CONTRACTOR'S Bid dated May 5, 2016, together with this AGREEMENT, shall constitute the contract between the parties. This AGREEMENT is intended to require a complete and finished piece of work and anything necessary to complete the work properly and in accordance with the law and lawful governmental regulations shall be performed by the CONTRACTOR whether set out specifically in the contract or not. Should it be ascertained that any inconsistency exists between the aforesaid documents and this AGREEMENT, the provisions of this AGREEMENT shall control. 3. COMPENSATION: CONTRACTOR agrees to receive and accept the prices set forth in its Bid Proposal as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the work during its progress or prior to its acceptance including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the aforesaid contract documents; and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work. ' 1 4. TERM OF CONTRACT: CONTRACTOR agrees to complete the work within Sixty (60) working days from the date of the notice to proceed. CONTRACTOR agrees further to the assessment of liquidated damages in the amount of five hundred ($500) dollars for each calendar day the work remains incomplete beyond the expiration of the completion date. CITY may deduct the amount thereof from any monies due or that may become due the CONTRACTOR under this AGREEMENT. Progress payments made after the scheduled date of completion shall not constitute a waiver of liquidated damages. 5. INSURANCE: CONTRACTOR shall not commence work under this contract until he has obtained all insurance required hereunder in a company or companies acceptable to CITY nor shall the CONTRACTOR allow any subcontractor to commence work on his subcontract until all insurance required of the subcontractor has been obtained. The CONTRACTOR shall take out and maintain at all times during the life of this contract the following policies of insurance: a. Workers' Compensation Insurance: Before beginning work, the CONTRACTOR shall furnish to the CITY a certificate of insurance as proof that he has taken out full workers' compensation insurance for all persons whom he may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. Such insurance shall be maintained in full force and effect during the period covered by this contract. In accordance with the provisions of Section 3700 of the California Labor Code, every CONTRACTOR shall secure the payment of compensation to his employees. The CONTRACTOR, prior to commencing work, shall sign and file with the CITY a certification as follows: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of work of this contract." b. For all operations of the CONTRACTOR or any sub -contractor in performing the work provided for herein, insurance with the following minimum limits and coverage: 1) General Liability - $2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this AGREEMENT or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile - $1,000,000 per accident for bodily injury and property damage. 2 3) Employer's Liability - $1,000,000 per accident for bodily injury or disease. C. Each such policy of insurance provided for in paragraph b. shall: 1) Be issued by an insurance company approved in writing by CITY, which is authorized to do business in the State of California. 2) Name as additional insured the City of Diamond Bar, its officers, agents and employees, and any other parties specified in the bid documents to be so included; 3) Specify it acts as primary insurance and that no insurance held or owned by the designated additional insured shall be called upon to cover a loss under the policy; 4) Contain a clause substantially in the following words: "It is hereby understood and agreed that this policy may not be canceled nor the amount of the coverage thereof reduced until thirty (30) days after receipt by CITY of a written notice of such cancellation or reduction of coverage." 5) Otherwise be in form satisfactory to the CITY. d. The policy of insurance provided for in subparagraph a. shall contain an endorsement which: 1) Waives all right of subrogation against all persons and entities specified in subparagraph 4.c.(2) hereof to be listed as additional insured in the policy of insurance provided for in paragraph b. by reason of any claim arising out of or connected with the operations of CONTRACTOR or any subcontractor in performing the work provided for herein; 2) Provides it shall not be canceled or altered without thirty (30) days' written notice thereof given to CITY. e. The CONTRACTOR shall, prior to performing any work under this AGREEMENT, deliver to the City Manager or his designee the original policies of insurance required in paragraphs a. and b. hereof, or deliver to the City Manager or his designee a certificate of the insurance company, showing the issuance of such insurance, and the additional insured and other provisions required herein. f. Self Insured Retention/Deductibles. All policies required by this AGREEMENT shall allow CITY, as additional insured, to satisfy the self-insured retention ("SIR") and/or deductible of the policy in lieu of the Owner (as the named insured) should CONTRACTOR fail to pay the SIR or deductible requirements. The amount of the SIR or deductible shall be subject to the approval of the City Attorney and the Finance Director. CONTRACTOR understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this AGREEMENT. Failure by CONTRACTOR as primary insured to pay its SIR or deductible constitutes a material breach of this AGREEMENT. Should CITY pay the SIR or deductible on CONTRACTOR's behalf upon the CONTRACTOR's failure or refusal to do so in order to secure defense and indemnification as an additional insured under the policy, CITY may include such amounts as damages in any action against CONTRACTOR for breach of this AGREEMENT in addition to any other damages incurred by CITY due to the breach. 6. PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the CONTRACTOR is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public works is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the Office of the City Clerk of the City of Diamond Bar, 21825 Copley Drive, Diamond Bar, California, and are available to any interested party on request. CITY also shall cause a copy of such determinations to be posted at the job site. CONTRACTOR shall forfeit, as penalty to CITY, not more than two hundred dollars ($200.00) for each laborer, workman or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general prevailing rate of wages hereinbefore stipulated for any work done under this AGREEMENT, by him or by any subcontractor under him. CONTRACTOR and any of its subcontractors must be registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5, which precludes the award of a contract for a public work on any public works project awarded after April 1, 2015. This Agreement is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 7. APPRENTICESHIP EMPLOYMENT: In accordance with the provisions of Section 1777.5 of the Labor Code, and in accordance with the regulations of the California Apprenticeship Council, properly indentured apprentices may be employed in the performance of the work. CONTRACTOR is required to make contribution to funds established for the administrative of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeship trade on such contracts and if other CONTRACTOR'S on the public works site are making such contributions. CONTRACTOR and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex -officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. 8. LEGAL HOURS OF WORK: Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract, and the CONTRACTOR and any sub -contractor under him shall comply with and be governed by the laws of the State of California having to do with working hours set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. CONTRACTOR shall forfeit, as a penalty to City, twenty-five dollars ($25.00) for each laborer, workman or mechanic employed in the execution of the contract, by him or any sub- CONTRACTOR under him, upon any of the work hereinbefore mentioned, for each calendar day during which the laborer, workman or mechanic is required or permitted to labor more than eight (8) hours in violation of the Labor Code. 9. TRAVEL AND SUBSISTENCE PAY: CONTRACTOR agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8. 10. CONTRACTOR'S LIABILITY: The CITY and its officers, agents and employees ("Indemnitees") shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used or employed in performing the work; or for injury or damage to any person or persons, either workers or employees of CONTRACTOR, of its subcontractors or the public, or for damage to adjoining or other property from any cause whatsoever arising out of or in connection with the performance of the work. CONTRACTOR shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever. CONTRACTOR will indemnify Indemnities against and will hold and save Indemnitees harmless from any and all actions, claims, damages to persons or property, penalties, obligations or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or in connection with the work, operation, or activities of CONTRACTOR, its agents, employees, subcontractors or invitees provided for herein„ whether or not there is concurrent passive negligence on the part of CITY. In connection therewith: a. CONTRACTOR will defend any action or actions filed in connection with any such claims, damages, penalties, obligations or liabilities and will pay all costs and expenses, including attorneys' fees, expert fees and costs incurred in connection therewith. b. CONTRACTOR will promptly pay any judgment rendered against CONTRACTOR or Indemnitees covering such claims, damages, penalties, obligations and liabilities arising out of or in connection with such work, operations or activities of CONTRACTOR hereunder, and CONTRACTOR agrees to save and hold the Indemnitees harmless therefrom. C. In the event Indemnitees are made a party to any action or proceeding filed or prosecuted against CONTRACTOR for damages or other claims arising out of or in connection with the work, operation or activities hereunder, CONTRACTOR agrees to 5 pay to Indemnitees and any all costs and expenses incurred by Indemnitees in such action or proceeding together with reasonable attorneys' fees. Contractor's obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of CITY under any provision of this AGREEMENT, Contractor shall not be required to indemnify and hold harmless CITY for liability attributable to the active negligence of CITY, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where CITY is shown to have been actively negligent and where CITY active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of CITY. So much of the money due to CONTRACTOR under and by virtue of the contract as shall be considered necessary by CITY may be retained by CITY until disposition has been made of such actions or claims for damages as aforesaid. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California. This indemnity provision shall survive the termination of the AGREEMENT and is in addition to any other rights or remedies which Indemnitees may have under the law. This indemnity is effective without reference to the existence or applicability of any insurance coverage which may have been required under this AGREEMENT or any additional insured endorsements which may extend to Indemnitees. CONTRACTOR, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the CONTRACTOR regardless of any prior, concurrent, or subsequent passive negligence by the Indemnitees. 11. NON-DISCRIMINATION: Pursuant to Labor Code Section 1735, no discrimination shall be made in the employment of persons in the work contemplated by this AGREEMENT because of the race, color or religion of such person. A violation of this section exposes the CONTRACTOR to the penalties provided for in Labor Code Section 1735. 12. PAYMENT FUND: A City Council resolution established a Project Payment Account, encumbered money in the current budget, and assigned that money to the Project Payment Account, which is the sole source of funds available for payment of the contract sum set forth in Section 3 of this AGREEMENT. CONTRACTOR understands and agrees that CONTRACTOR will be paid only from this special fund and if for any reason this fund is not sufficient to pay CONTRACTOR, CONTRACTOR will not be entitled to payment. The availability of money in this fund, and CITY's ability to draw from this fund, are conditions precedent to CITY's obligation to make payments to CONTRACTOR. n. 13. TERMINATION: This AGREEMENT may be terminated by the CITY, without cause, upon the giving of a written "Notice of Termination" to CONTRACTOR at least thirty (30) days prior to the date of termination specified in the notice. In the event of such termination, CONTRACTOR shall only be paid for services rendered and expenses necessarily incurred prior to the effective date of termination and those reasonably necessary to effectuate the termination. CONTRACTOR shall not be entitled to any claim for lost profits. State of California "CONTRACTOR'S" License No. 720483 CONTRACTOR'S Business Phone: (951) 674-7352 CONTRACTOR'S emergency phone which can be reached at any time: IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT with all the formalities required by law on the respective dates set forth opposite their signatures. By: Title: Date: By: Title: Date: CITY OF DIAMOND BAR, CALIFORNIA By: NANCY LYONS, MAYOR Date ATTEST: By: TOMMYE CRIBBINS, CITY CLERK APPROVED AS TO FORM: DAVID A. DEBERRY, CITY ATTORNEY 7 Date *NOTE: If Contractor is a corporation, the City requires the following signature(s): 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. BIDDER'S PROPOSAL CITY OF DIAMOND BAR DIAMOND BAR BOULEVARD/BREA CANYON ROAD INTERSECTION ENHANCEMENT PROJECT CITY PROJECT NO. 26315 Date mM S , 20 110 To the City Council of the City of Diamond Bar: The Undersigned hereby declares: (a) That the only persons or parties interested in this proposal as principals are the following: nn � (If the bidder is a corporation, give the name of the corporation and the name of its president, secretary, treasurer, and manager. If a co -partnership, give the name, under which the co -partnership does business, and the names and addresses of all co-partners. If an individual, state the name under which the contract is to be drawn.) (b) That this proposal is made without collusion with any person, firm or corporation. (c) That he has carefully examined the location of the proposed work and has familiarized himself with all of the physical and climatic conditions, and makes this bid solely upon his own knowledge. (d) That by submitting this Bidder's proposal, he acknowledges receipt and knowledge of the contents of those communications sent by the City of Diamond Bar to him at the address furnished by him to the City of Diamond Bar when this proposal form was obtained. (e) That he has carefully examined the specifications, both general and detail, and the drawings attached hereto, and communications sent to him as aforesaid, and makes this proposal in accordance therewith. 10 (f) That, if this bid is accepted he will enter into a written contract for the performance of the proposed work with the City of Diamond Bar. (g) That he proposes to enter into such Contract and to accept in full payment for the work actually done thereunder the prices shown in the attached schedule. It is understood and agreed that the quantities set forth are estimates and that the unit prices will apply to the actual quantities whatever they may be. A n his proposal is a certified or cashier's check or bidder's bond ayable to the order of the City of Diamond Bar in t e o I O 770 0 4Ua4,fT 81 Q DOLLARS Said bidder's bond has been duly executed by the undersigned bidder and by a financially sound surety company authorized to transact business in this state. It is understood and agreed that should the bidder fail within ten (10) days after award of contract to enter into the contract and furnish acceptable surety bonds, then the proceeds of said check, or bidder's bond, shall become the property of the City of Diamond Bar; but if this Contract is entered into and said bonds are furnished, or if the bid is not accepted then said check shall be returned to the undersigned, or the bidder will be released from the bidder's bond. 3 Zc7 [-,, Address of Bidder City Zip Code II psi -�, 3ef- -73 s 7 Tele Wnf f Bidder Sign\`#4�`a'Fh ' f Bidder BID SCHEDULE CITY OF DIAMOND BAR - CONTRACT DOCUMENTS AND SPECIFICATIONS DIAMOND BAR BOULEVARD/BREA CANYON ROAD INTERSECTION ENHANCEMENT PROJECT CITY PROJECT NO. 26315 ITEM ESTIMATED DESCRIPTION UNIT NO. QUANTITY UNIT WRITTEN IN WORDS PRICE AMOUNT Project Mobilization and i 1 LS Demobilization 2 1 IS Traffic Control SIt71�0 3-5/, 2&0 3 1 LS Clear and Grub aF'�2� 7, S"" 4 240 CY Excavation ! Gee �00C Coldmill and haul away variable thickness (2 -inch 5 13,000 SE max) of existing asphalt p 61r�' 0 concrete pavement as shown on plans. Place variable thickness (2- 6 165 TON inch max) C2 -PG 64-10 % od Q7; 17-5 asphalt concrete Overlay 7 180 CY PCC Pavement underneath 00 7�' did �jJg Crosswalk B 210 IF Curb and Gutter, Type A2-6 q7 0,9 70 r Curb Ramp, Integral Color - 9 3 EA Flo Desert Tan 4750 1% pDO / Jd J Loading Color Concrete Sidewalk With 10 900 SF Retarder Finish Per Detail r�- 2, Sheet 3 of Project Plans 11 150 SF Concrete Paving stone 0,250 sidewalk Interlocking Pavers in 12 2000 SF Concrete Crosswalk Per Detail 1 Sheet 3 of Project Plans 12 MANDATORY BID SCHEDULE ITEMS: TOTAL AMOUNT BID (IN FIGURES) -4 700 TOTAL AMOUNT BID, SCHEDULE (WRITTEN IN WORDS): Bid Schedule Note: Bid Price indicated refers to all items illustrated on the plans and details, and delineated within the specifications installed and completely in place with all applicable portions of the construction documents and include all costs connected with such items including, but to necessarily limited to, materials, transportation, taxes, insurance, labor, overhead, and profit, for General Contractor and Subcontractors. All work called for on the construction documents are to provide a completed project with all systems operating properly and ready for use. Award will be based on the items of Bid Schedule. Therefore, Contractor shall completely fill out Bid Schedule. Accompanying this proposal is t��P, �C� eO- f( `%� er Y r t�jic\ ( Insert "cashier's check", "certified check", or "bidd 13 sh", " as Color Concrete Band in ZOaW�` 13 1650 LF Crosswalk Per Detail_ 1 section lb, Sheet 3 of / Project Plans - Color Concrete Flatwork in 14 1600 SF Crosswalk Per Detail 1 5 J�` �Vp,,7 section 1c, Sheet 3 of Project Plans 15 300 SF Rock Material yo oo /11,2010 16 2 EA Adjust Water Valve Covers to 700 Grade Traffic Striping and Signage 17 1 LS including sed curbs �j e3c 7 f d 18 1 LS Traffic Signal Improvements 91-172-5 g2 -t725 MANDATORY BID SCHEDULE ITEMS: TOTAL AMOUNT BID (IN FIGURES) -4 700 TOTAL AMOUNT BID, SCHEDULE (WRITTEN IN WORDS): Bid Schedule Note: Bid Price indicated refers to all items illustrated on the plans and details, and delineated within the specifications installed and completely in place with all applicable portions of the construction documents and include all costs connected with such items including, but to necessarily limited to, materials, transportation, taxes, insurance, labor, overhead, and profit, for General Contractor and Subcontractors. All work called for on the construction documents are to provide a completed project with all systems operating properly and ready for use. Award will be based on the items of Bid Schedule. Therefore, Contractor shall completely fill out Bid Schedule. Accompanying this proposal is t��P, �C� eO- f( `%� er Y r t�jic\ ( Insert "cashier's check", "certified check", or "bidd 13 sh", " as the case may be) in the amount equal to at least ten percent (10%) of the total bid. The undersigned further agrees that in case of default in executing the required contract, with necessary bond, within ten (10) days, not including Sundays and legal holidays, after having received notice that the Contract has been awarded and ready for signature, the proceeds of the security accompanying his bid shall become the property of the City of Diamond Bar, and this proposal and the acceptance thereof may be considered null and void. I& (c'M on l 4�c _ p�� „� S , 2 , NAME OF BIDDER (PRINT) NATURE j),W to t1la-eDATE ADDRESS z- C'62P�� c::K-(-- 74- - -7 3 CITY ZIP CODE TELEPHONE STATE CONTRACTOR LICENSE NO. AND CLASSIFICATION I declare under penalty of Perjury of the laws of the State of California that the representations made herein are true and correct in accordance with he iequirements of California Business and Professional Code Secti t� 7028.15. SIGNATURE OR AUTHORIZED OFFICER 14 Agenda # 6. 10 c Meeting Date: June 21, 2016 CITY COUNCIL AGENDA REPORT �'�RPORASC9 TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Mana e TITLE: APPROVE INFRASTRUCTURE CONSTRUCTION AND PAYMENT AGREEMENT WITH LENNAR HOMES OF CALIFORNIA INC. FOR THE CONSTRUCTION OF DIAMOND BAR BLVD. / BREA CANYON ROAD INTERSECTION ENHANCEMENT PROJECT RECOMMENDATION: Approve. FISCAL IMPACT: The total Capital Improvement Project Budget for the Diamond Bar Blvd./Brea Canyon Road Intersection Enhancement Project includes $288,270 of Prop C Funds, $248,730 of Traffic Impact Funds, and $115,243.31 of Developer Fees for a total allocation of $652,243.31. To date a total of $89,832.29 for the procurement of five decorative traffic signal poles and design services has been encumbered leaving a balance of $562,411.02. Encumbrance and expenditure for the construction will occur after July 1, 2016. BACKGROUND/DISCUSSION: The primary purpose of this project is to continue the implementation of a citywide branding plan that incorporates standard design elements and streetscape enhancements with a unifying theme that reflects the image of Diamond Bar. These unique streetscape enhancements are proposed at the intersection of Diamond Bar Blvd. and Brea Canyon Road in conjunction with the Willow Heights Development. The streetscape enhancements of the diamond, hill and windmill shapes; timber rails; weathering steel panels and natural earth -tone palette are as much a tribute to Diamond Bar's early ranch days as they are a reflection of the community's current -day character by enhancing the visual image of the Diamond Bar community. Similar to the Grand Avenue Beautification Project, this project will highlight the Diamond Bar community identity and create visual points of interest accomplishing a goal of the City's General Plan which is to be recognized as a community of a well-planned and aesthetically pleasing physical environment. The Willow Heights development (also known as Site D or Tract Map Number 72295) was approved at the December 17, 2013 City Council Meeting to allow the subdivision for the development of 182 single-family dwelling units and a 2.5 net acre neighborhood public park by Lennar Homes. As part of the Development Agreement dated May 30, 2012 between the City and Lennar Homes, the Developer was required to incorporate mitigations as part of the Environmental Impact Report (EIR) dated July 18, 2013 which included traffic improvements and a public park dedication. The Developer's required traffic mitigation improvements at the intersection of Diamond Bar Boulevard/Brea Canyon Road include replacing three (3) traffic signal poles with decorative poles; constructing new curb and gutter, color concrete sidewalks, two (2) decorative paver crosswalks, and an ADA compliant curb ramp at the southeast corner of the intersection; widening and re -striping the northbound approach on Brea Canyon Road to provide a second dedicated right turn lane; and restriping westbound approach on Diamond Bar Boulevard to provide a second left turn lane. Currently, the construction of the intersection widening including the new curb and gutter is underway at the Diamond Bar Boulevard/Brea Canyon Road intersection. Additionally, three (3) decorative traffic signal poles have been installed to match the Grand Avenue Beautification Project's decorative traffic signal poles. The new traffic signal at Diamond Bar Boulevard/Cherrydale Drive was installed and completed in July 2015 and it is in full operation. This project includes replacing the remaining five (5) traffic signal poles with decorative poles, constructing three (3) ADA compliant curb ramps, four (4) decorative paver crosswalks, and preparing updated traffic signal timing plans at Brea Canyon Road and Diamond Bar Boulevard to complete the overall enhancements to the intersection. Due to the labor-intensive nature of this work and the types of materials being used for the construction of the decorative crosswalks, an extended construction hours and continuous traffic lane closures will be required. In an effort to minimize negative impacts during the construction of the decorative paver crosswalks, the City and Lennar agreed to construct all four (4) decorative paver crosswalks as part of the Diamond Bar Blvd. / Brea Canyon Road Enhancement Project. Therefore, Lennar will reimburse the City 100% of the construction management services and 100% of the construction cost for the two (2) decorative paver crosswalks including installing concrete paving stones, concrete band and flatwork, PCC pavement underneath crosswalk, traffic control, mobilization, excavation, and concrete testing. The attached Infrastructure Construction and Payment Agreement has been reviewed and approved by the City Attorney. The infrastructure Construction and Payment Agreement stipulates that Lennar Homes will pay a fair -share cost in the amount of One Hundred Fifteen Thousand Two Hundred Forty Three and 31/100 Dollars ($115,243.31) for the construction management services and construction of two (2) decorative paver crosswalks. 2 PREPARED BY: John Beshay, Associate Engineer REVIEWED BY: David . L u, Director of Public Works DATE PREPARED: June 14, 2016 Dianna Honeywell; Finance Dir for ATTACHMENTS: Infrastructure Construction and Payment Agreement INFRASTRUCTURE CONSTRUCTION AND PAYMENT AGREEMENT DIAMOND BAR BOULEVARD / BREA CANYON ROAD INTERSECTION ENHANCEMENT PROJECT THIS INFRASTRUCTURE CONSTRUCTION AND PAYMENT AGREEMENT (DIAMOND BAR BOULEVARD / BREA CANYON ROAD INTERSECTION ENHANCEMENT) (this "Agreement"), dated for identification purposes this 21" day of June, 2016, is entered into by and between the City of Diamond Bar ("City"), a California municipal corporation and Lennar Homes of California Inc., a California corporation ("Declarant"). City and Declarant may also be individually referred to in this Agreement as a "Party" and collectively as the "Parties." RECITALS A. Declarant is the owner of that certain real property located within Tract No. 72295 in the City of Diamond Bar, County of Los Angeles, State of California (the "Willow Heights Development"). B. The Willow Heights Development (also known as TR 72295) was approved at the December 17, 2013 City Council Meeting to allow the subdivision for the development of 182 dwelling units and a 2.5 net acre neighborhood public park by Declarant. C. As part of the Development Agreement dated May 30, 2012 between the City and Declarant ("Development Agreement"), Declarant was required to incorporate mitigations as part of the Environmental Impact Report (EIR) dated July 18, 2013 which included traffic improvements and a public park dedication. D. Pursuant to the Conditions of Approval for TR 72295, traffic mitigation improvements at the intersection of Diamond Bar Boulevard/ Brea Canyon Road were required. The traffic mitigation improvements include replacing three (3) traffic signal poles with decorative poles; constructing new curb and gutter, color concrete sidewalks, two (2) decorative crosswalks with interlocking pavers, one ADA compliant curb ramp at the southeast corner of the intersection; widening and re -striping the northbound approach on Brea Canyon Road to provide a second dedicated right turn lane; and restriping westbound approach on Diamond Bar Boulevard to provide a second left turn lane. E. The construction of the intersection widening, including the new curb and gutter and three (3) decorative traffic signal poles at the Diamond Bar Boulevard/Brea Canyon Road intersection, are required to be completed prior to the construction of the Intersection Enhancement, as such is defined in paragraph F. 1 F. The "Intersection Enhancement" shall mean the rehabilitation of asphalt pavement; reconstruction of sidewalks; construction of median rocks, four (4) interlocking crosswalks, and three (3) ADA curb ramps; five (5) traffic signal replacements; and other incidental and appurtenant work necessary for the proper construction of the contemplated improvements, as indicated on the construction plans for the Diamond Bar Boulevard/Brea Canyon Road Intersection Enhancement (including, without'limitation, Declarant's Required Improvements). G. The Intersection Enhancement shall be designed and constructed by City within the Diamond Bar Boulevard and Brea Canyon Road Intersection right-of-way in accordance with applicable City street standards for public streets and in accordance with the cross-section attached hereto. The Intersection Enhancement Construction Plans shall conform to all applicable federal, state, and local governmental laws, ordinances, rules, and regulations. H. As part of the City's Capital Improvement Program, $288,270 of Prop C Funds, $248,730 of Traffic Impact Funds, and $115,243.31 of Developer Fees have been budgeted for the Intersection Enhancement Project for a total allocation of $652,243.31 for construction administration and construction. To date a total of $23,690 has been expended leaving a balance of $628,553.31. I. The purpose of this Agreement is to, in part, identify the work for which Declarant bears the cost responsibility, the amount and payment thereof. AGREEMENT NOW, THEREFORE, in consideration of the foregoing, and of the covenants, promises and undertakings set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, City and Declarant agree as follows: 1. Declarant Required Improvements. As required by the Conditions of Approval and the Development Agreement, Declarant agrees to be responsible for the cost of constructing the following as part of the Intersection Enhancement: (a) the excavation of 120 cubic yards or (50%) of the existing crosswalk, including saw cutting, excavating, removing, hauling, and disposing of all soil materials, existing asphaltic concrete pavement, and subgrade; (b) the installation of 1,000 square feet or (50%) of the interlocking pavers in concrete crosswalk; (c) the installation of 825 linear.feet or (50%) of color concrete band in crosswalk; (d) the installation of 800 square feet or (50%) of color concrete flatwork in crosswalk; (e) the installation of 90 cubic yard or (50%) of PCC pavement underneath crosswalk; (f) Mobilization related to the construction of the crosswalk; and (g) traffic control related to the construction of the crosswalk. The above work shall be referred to hereinafter as "Declarant's Work". 2. Shared Costs/ Required Costs. Declarant agrees to pay the following costs with respect to the Intersection Enhancement (the "Declarant Required Costs") as identified in this Agreement: (a) the estimated construction cost of Declarant's Work is the sum of One Hundred Eight Thousand Four Hundred Fifty Dollars and no/100 ($108,450.00).; (b) the estimated construction management services cost for inspection, construction staking, and materials testing of Declarant's Work is the sum of Fifteen Thousand Dollars and no/100 ($15,000.00), subject to a credit for the Declarant in the amount of Eight Thousand Two Hundred Six and 69/100 Dollars 2 ($8,206.69), for right-of-way traffic signal potholing work previously done by Declarant thereby leaving a Declarant Required Cost of One Hundred Fifteen Thousand Two Hundred Forty Three Dollars and 31/100 ($115,243.31), 3. If City becomes aware of the need for a change of design to the crosswalk for Intersection Enhancement, it shall immediately notify the Declarant of the same and the reason therefore. 4. Construction. City shall employ a licensed contractor or contractors to construct and complete the Intersection Enhancement, the contract for which shall be shall be let and the work performed in accordance with applicable state and local laws, rules, and regulations, and shall be installed in accordance with the City approved Intersection Enhancement Final Plans and this Agreement. All requirements of the applicable storm water pollution protection plans for the Intersection Enhancement shall be implemented and maintained by City at City's sole cost and expense. 5. Notice of Completion; Project Close -Out. Upon satisfactory completion of the Intersection Enhancement, City shall file promptly with the County Recorder of the County of Los Angeles a Notice of Completion pursuant to the provisions of California Civil Code Section 9204. City shall furnish to Declarant a duplicate copy of such Notice of Completion showing thereon the date of filing with the County Recorder. 6. Reimbursement for Costs of Constructine Diamond Bar Boulevard and Brea Canyon Road Intersection Enhancement. Within 30 days of execution of this Agreement, Declarant shall pay in full Declarant's Required Cost. In the amount of One Hundred Fifteen Thousand Two Hundred Forty Three and 31/100 Dollars ($115,243.31). Upon payment thereof, Declarant shall have no further obligation to reimburse City for the Intersection Enhancement. In the event Declarant does not pay Declarant's Required Costs as set forth herein, a five percent penalty will be assessed on Declarant's Required Costsand for any payment which is overdue by more than 30 days, interest shall accrue at the rate of 10% per annum. 7. Interpretation; Governinlz Law. This Agreement shall be construed as if prepared by both Parties hereto. Any rule of law or legal decision that would require interpretation of any ambiguities in this Agreement against the drafting Party shall not be applicable and is hereby waived. This Agreement shall be governed by and construed under the laws of the State of California and any legal action hereunder shall be brought in the Superior Court of the County of Los Angeles. 8. Attorneys' Fees. In the event that Declarant fails to pay Declarant's Required Costs and the City is required to bring a legal action to cause such payment, Declarant shall pay all costs and expenses incurred by City in securing such payment, including costs of suit and reasonable attorney's fees. 9. Severability. In the event that any phrase, clause, sentence, paragraph, section, article or other portion of this Agreement shall become illegal, null or void, or against public policy, for any reason, or shall be held by any court of competent jurisdiction to be illegal, null or void, or against public policy, the remaining portions of this Agreement shall not be affected thereby and shall remain in force and effect to the full extent permissible by law. 3 10. Authority. Each of the individuals executing this Agreement verifies that each of them has the authority to enter into this Agreement, that the necessary resolutions or other consents have been passed or obtained, and that this Agreement shall be binding on the Party for whom each of them is signing. 11. Further Actions. The Parties shall execute and deliver such further documents and shall take such further actions as may be reasonably necessary to effectuate the terms of this Agreement. 12. Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed to be an original, but when taken together shall constitute one and the same instrument. 13. Amendment. This Agreement shall only be amended by a written instrument executed and acknowledged by both Parties. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date set forth opposite their respective signatures below. CITY: CITY OF DIAMOND BAR, a municipal corporation Nancy A. Lyons, Mayor Dated: June , 2016 ATTEST: By: Tommye A. Cribbins, City Clerk Approved as to Form: By: David DeBerry, City Attorney 4 DECLARANT: Lennar Homes of California Inc. a California corporation By: Its: Its: Dated: June 2016 Agenda # 6.11 Meeting Date: June 21, 2016 CITY COUNCIL AGENDA REPORT �OAI'OR\RC9 r TO: Honorable Mayor and Members, of the City Council i VIA: James DeStefano, City Mafia TITLE: FIRST AMENDMENT TO THE CON ULTANT SERVICES AGREEMENT AUTHORIZE SJC 3 CONSULTING INC. TO ADMINISTER THE CITY'S HOME IMPROVEMENT PROGRAM (HIP) FOR AN AMOUNT NOT TO EXCEED $20,000 FOR FY 2016-17 RECOMMENDATION: Approve 111 sic] =11aIirtlGlI[N_1%I[*]i!A The FY 2016-17 Community Development Block Grant (CDBG) Budget includes a $100,000 allocation to the City's Home Improvement Program. Per CDBG guidelines, the maximum amount that can be spent of administrative costs is 20% of the HIP program budget ($20,000). The CDBG Program does not impact the City's General Fund budget. BACKGROUND: The purpose of the Home Improvement Program is to preserve and enhance single family residential neighborhoods throughout the City. Through the provision of grants and loans, eligible homeowners of single family detached dwellings can correct hazardous structural conditions; make modifications necessary to provide handicapped access; improve the overall exterior appearance of the home; and correct exterior code violations. Individuals must meet the County's guidelines for low or moderate income to be eligible to participate in this program. The current adopted City policies for implementing the Home Improvement Program allow participants to apply for grants of up to $5,000 and deferred loans of up to $10,000 for repairs to owner -occupied homes, as well grants of up to $2,000 for emergency repairs. Because of a recent abuse of the grant policy, the City has suspended offering grants, and is currently revising the policy document to eliminate the grant options altogether. The updated policy document will be presented to the Council for review and approval at an upcoming meeting. ANALYSIS: In June 2015 the City entered into a five-year agreement with SJC3 Consulting, Inc., (SJC3) to administer the Home Improvement Program beginning in July 2015. Prior to the award of contract, the City solicited proposals to provide these services. Program administration includes reviewing applications for funding from interested Diamond Bar residents, requesting and reviewing financial information for persons that may qualify, determine the eligibility of program participants, conducting home inspections, drafting the construction documents, reviewing contractor bids, awarding construction contracts, and processing funding requests for completed projects. Approval of the proposed First Amendment will allow SJC3 Consulting to continue to provide this service through FY 2016-2017. Prepared by: Greg Gubman, AICP Community Development Director Attachment: 1. Amendment No. 1 for CDBG Home Improvement Program Consulting Services HIP Program Consulting Services Agreement First Amendment FY 2016/17 Page 2 ATTACHMENT FIRST AMENDMENT TO CONSULTANT SERVICES AGREEMENT WITH SJC3 CONSULTING, INC., FOR THE CDBG HOME IMPROVEMENT PROGRAM This First Amendment to Consultant Services Agreement ("First Amendment') is made and entered into as of , 2016, by and between the City of Diamond Bar, a municipal corporation ("City"), and SJC 3 Consulting, Inc., 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 June 16, 2015, which is incorporated herein by this reference (the "Original Agreement'); and B. The City and the Consultant desire to amend the Original Agreement to modify, amend and supplement certain portions of the Original Agreement. NOW, THEREFORE, the parties hereby agree as follows: 1. Defined Terms. Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Agreement. 2. Compensation. The total not -to -exceed compensation set forth in Section 3 of the Original Agreement was the sum of NINETEEN THOUSAND SIX HUNDRED FIFTY DOLLARS ($19,650). Section 3 of the Original Agreement is hereby amended to provide for an increase of TWENTY THOUSAND DOLLARS ($20,000) so that the total not -to -exceed compensation, as amended by this First Amendment shall not exceed THIRTY NINE THOUSAND SIX HUNDRED FIFTY DOLLARS ($39,650) without the prior authorization of the City. 3. Term of Agreement. This First Amendment shall extend the Original Agreement to June 30, 2017 as set forth under Section 2 of the Original Agreement. This First Amendment shall take effect July 1, 2016, and shall continue until June 30, 2017 unless earlier terminated pursuant to the provisions herein. 4. Integration. This First Amendment and all attachments hereto (if any) integrate all of the terms and conditions mentioned herein, and supersede all negotiations with respect hereto. This First Amendment 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 First Amendment and the terms and provisions of the Original Agreement, the terms and provisions of this First Amendment shall control. WConsullanl ConllactslSJC3(Home Improvement Program)lSJC3 FIRST AMENDMENT TO HIP CONSULTANT SERVICES AGREEMENT(201%docx Page 1 of 2 IN WITNESS hereof, the parties enter into this First Amendment on the year and day first above written. "CONSULTANT" SJC 3 CONSULTING, INC. Title: *By: Printed Name: Title: "CITY" CITY OF DIAMOND BAR am 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. OAConsultant Contracts\SJC3 (Home Improvement Program)\SJC3 FIRST AMENDMENT TO HIP CONSULTANT SERVICES AGREEMENT (2016).docx Page 2 of 2 CITY COUNCIL Agenda # 6.12 Meeting Date June 21, 2016 AGENDA REPORT TO: Honorable Mayor and Members1f the City Council VIA: James DeStefano, City Mang TITLE: APPROPRIATE $12,000 OF PRO C FUND RESERVES TO THE FY 15- 16 CAPITAL IMPROVEMENT PROGRAM BUDGET, APPROVE CONTRACT AMENDMENT NO. 2 TO THE CONSTRUCTION AGREEMENT WITH ALL AMERICAN ASPHALT INCREASING THE TOTAL CONTRACT AMOUNT TO $2,369,900 AND APPROVAL OF NOTICE OF COMPLETION FOR THE CONSTRUCTION OF THE GRAND AVENUE BEAUTIFICATION PROJECT, FEDERAL PROJECT# HPLUL- 5455(016). RECOMMENDATION: Appropriate funds, Approve Amendment, and Approve and file Notice of Completion. FINANCIAL IMPACT: On February 17, 2015 Council approved the Construction Agreement with All American Asphalt in the amount of $1,939,000 with a contingency amount of $193,900 for a total authorization of $2,132,900. Contract Amendment No. 1 was approved on November 3, 2015 in the amount of $225,000. Contract Amendment No. 2 will increase the total authorized contract amount by $12,000 to $2,176,000 with a contingency amount of $193,900 for a total contract amount of $2,369,900. A detailed project budget, as shown in the attached table, has been prepared for Council's review. BACKGROUND/DISCUSSION: The primary purpose of the Grand Avenue Beautification Project was to create the Diamond Bar community identity and highlight visual points of interest. Streetscape enhancements have been constructed at the intersections of Grand Avenue and Diamond Bar Blvd. and Grand Ave. and Longview Drive with the final signature element of the decorative paver crosswalks completed at the end of December 2015. The streetscape enhancements constructed include decorative traffic signals, interlocking pavers and colored concrete in the sidewalks, decorative rails and steel panels depicting the City's iconic windmill with rolling hills in the parkways and medians, pedestrian and accent lighting, enhanced landscape in the parkways and medians and a new City entry monument at the City limit near the Longview Drive intersection. It is the City's desire to continue the streetscape elements at other major intersections throughout the City. As a result, there is a need to maintain an inventory of the custom items that have a long lead time such as tree grates, pavers, concrete posts and wood rails, and steel panels so that these items can be efficiently replaced in a timely manner should the need arise. Review of the inventory delivered by All American Asphalt and their subs indicated that an extra concrete wood post, rail and steel panel assembly had been delivered but was not accounted for in the final project accounting. As a result, an additional $12,000 is required to be appropriate for the delivered custom materials that establish the inventory. Construction of the Grand Ave. Beautification Project began on May 20, 2015 with a contract timeline of 60 working days and a projected completion date of August 12, 2015. Due to several unforeseen delays related to underground utilities and the desire to limit the traffic impacts related to the crosswalk construction, the contract was delayed to December 2015. Additionally, the required 90 -day landscape maintenance period began January 20, 2016 with a completion of April 17, 2016. All-American Asphalt, Inc. has completed all work required of this project. The final construction cost of the project is $2,369,699.90. PREPARED BY: Kimberly M. Young, Senior Civil Engineer REVIEWED David i , irector of Public Works DATE PREPARED: June 13, 2016 11 f Dianna Honeywell, Financii Director Attachments: Project Budget Contract Amendment No. 2 Notice of Completion 2 FY15-16 Budget for Grand Ave. Beautification Project City Project #22813; Fed. Proj# HPLUL-5455 (016) Budget Encumbrance Balance Prop C $ 446,420.00 $ 446,420.00 SAFETEA-LU $ 699,220.00 $ 1,145,640.00 TDA $ 125,968.00 $ 1,271,608.00 STPL $ 333,964.00 $ 1,605,572.00 Prop A Exchange $ 127,169.00 $ 1,732,741.00 Prop C Savings from CIP Project 23914 $ 53,600.00 $ 1,786,341.00 Prop A Exchange Savings from CIP Project 01414 $ 44,000.00 $ 1,830,341.00 Prop C Savings from Diamond Ride $ 100,000.00 $ 1,930,341.00 Gas Tax Funds $ 180,000.00 $ 2,110,341.00 Unrestricted Traffic Improvement Funds $ 165,014.00 $ 2,275,355.00 DVD Contract Monumnet Design $ 17,600.00 $ 2,257,755.00 Onward Engineering Contract (CM Services) $ 114,855.00 $ 2,142,900.00 Onward Engineering Contract Contingency $ 10,000.00 $ 2,132,900.00 All American Asphalt Contract (Construction) $ 1,939,000.00 $ 193,900.00 All American Asphalt Contract Contingency $ 193,900.00 $ Appropriation of Prop C Funds $ 92,000.00 $ 92,000.00 Contract Amendment No. 1 Onward Engineering $ 60,000.00 $ 32,000.00 Appropriation of STPL Funds $ 193,921.00 $ 225,921.00 Contract Amendment No. 1 All American Asphalt $ 225,000.00 $ 921.00 Request for Appropriation of Prop C Funds $ 12,000.00 $ 12,921.00 Contract Amendment No. 2 All American Asphalt $ 12,000.00 $ 921.00 June 21, 2016 SECOND AMENDMENT TO PUBLIC WORKS AGREEMENT This Second Amendment to Public Works Agreement ("Second Amendment") is made and entered into as of June 21, 2016 by and between the City of Diamond Bar, a municipal corporation ("City"), and All American Asphalt, a California corporation (herein referred to as the "Contractor") with reference to the following: A. The City and the Contractor entered into that certain Public Works Agreement dated as of March 5, 2015, which is incorporated herein by this reference (the "Original Agreement"); and B. The City and the Contractor amended the Original Agreement by that First Amendment to the Original Agreement dated as of November 3, 2015, which is incorporated herein by this reference (the "First Amendment'); and C. The City and the Contractor desire to further amend the Original Agreement and First Amendment to modify, amend and supplement certain portions of the Original Agreement. NOW, THEREFORE, the parties hereby agree as follows: 1. Defined Terms. Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Agreement. 2. Compensation. The total compensation set forth in Section 3 of the Original Agreement as amended by the First Amendment, was the sum of Two Million, One Hundred, Sixty -Four Thousand Dollars ($2,164,000) with a contingency amount of One Hundred Ninety -Three Thousand Nine Hundred Dollars ($193,900). Section 3 of the Original Agreement, as amended by the First Amendment, is hereby amended to provide for an increase of Twelve Thousand Dollars ($12,000) in the total compensation amount, so that the total compensation shall be the sum of Two Million One Hundred Seventy -Six Thousand Dollars ($2,176,000 with a contingency amount of One Hundred Ninety -Three Thousand Nine Hundred Dollars ($193,900), which sums shall not be exceeded without the prior authorization of the City. 3. Integration. This Second Amendment and all attachments hereto (if any) integrate all of the terms and conditions mentioned herein, and supersede all negotiations with respect hereto. This Second Amendment amends, as set forth herein, the Original Agreement and First Amendment and except as specifically amended hereby, the Original Agreement and First Amendment shall remain in full force and effect. To the extent that there is any conflict or inconsistency between the terms and provisions of this Second Amendment and the terms and provisions of the Original Agreement and First Amendment, the terms and provisions of this Second Amendment shall control. IN WITNESS hereof, the parties enter into this Second Amendment on the year and day first above written. "CONTRACTOR" All American Asphalt Y: Printed Name: Title: *By: Printed Name: Title: "CITY" 'CITY OF DIAMOND BAR M Nancy A. Lyons, Mayor ATTEST: Tommye Cribbins, City Clerk APPROVED AS TO FORM: David DeBerry, City Attorney *NOTE: If Contractor 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 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO CITY OF DIAMOND BAR 21810 COPLEY DRIVE DIAMOND BAR, CALIFORNIA 91765 ATTENTION: CITY CLERIC 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 ofthe owner ofthe interest or estate stated below in the property hereinafter described: 2. The full name ofthe owner is City of Diamond Bar 3. The full address ofthe owner is 21810 Coplev Drive 4. The nature of the interest or estate of the (nether Ihen fce, sail¢ "In £ee" and insert, forexample, "pumhremunder contract ofmrmlr se," or "lessee") 5. The full names and full addresses of all persons, if any, who hold title with the undersigned asjoint tenants or as tenants in common are: NAMES ADDRESSES 6. A work of improvement on the property hereinafter described was completed on April 17, 2016. The work done was: Grand Avenue Beatification Project 7. The name of the contractor, if any, for such work of improvement was All-American Asphalt, Inc. March 5, 2015 (Ifno contractorforwodr ofimprovement as awhole, insert"none") (DatcofCommeo 8. 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. Grand Avenue Beatification Proieet 9. The street address of said property Dated: Verification fmIndividoal Comer (Ifno street address has been officially assigned, insert"none") CITY OF DIAMOND BAR Signature ofowner or corporate officer ofmvner named in p rragaph2 or his agent VERIFICATION I; the undersigned, say: I am the Director of Public Works the declarant of the foregoing ('"res idem of', "Manager of," "A partner oQ" "Owner of," etc.) notice of completion; I have read said notice of completion and know the contests thereof; the same is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct. Executed on 20 at Diamond Bar , California. (Date ofsigneNm) (City where sired) (Personal signmime ofthe individual who is swearing that the convents of the aetice ofoompletion are We) CITY COUNCIL Agenda # 6.13 Meeting Date: June 21, 2016 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Mana TITLE: APPROVAL OF TWO-YEAR A REEMENT WITH INLAND VALLEY HUMANE SOCIETY -SPCA (IVHS) To PR VIDE ANIMAL CARE AND CONTROL SERVICES IN DIAMOND BAR STARTING JULY 1, 2016, THROUGH JUNE 30, 2018, IN THE AMOUNT OF $160,000 ANNUALLY, PLUS A CPI NOT -TO -EXCEED 5% COMMENCING FY2017-18. RECOMMENDATION: Approve. FINANCIAL IMPACT: The City's FY2016-17 costs are $160,000, with funds included in the June 7, 2016 adopted FY2016- 17 budget. City costs for FY2017-18 will include a Consumer Price Index (CPI) adjustment not to exceed five percent (5%) of gross total program costs. BACKGROUND: Animal care and control services are an essential component of the City's public safety program, with the City contracting with IVHS to provide animal care and control services since incorporation. Throughout the life of the contract, staff has found IVHS to be professionally run, cost-effective, and responsive to staff and the public. IVHS headquarters in Pomona is located within approximately one mile of the City's border, offering convenient access for Diamond Bar pet owners and rapid response to local enforcement and nuisance -abatement issues. While other service providers such as Los Angeles County Department of Animal Control also operate in the region, they are limited in the services they offer (generally limited to animal collection with no code enforcement capabilities) and provide substantial barriers to resident access due to the shelter location in Baldwin Park being over twelve (12) miles from the City. Services currently provided by IVHS include the following: ® Enforcement of the animal -related sections of the City's Municipal Code. © Issuance of dog and cat licenses and collection of associated fees. • Maintenance and operation of a public animal shelter/pound. o Collection and sheltering of stray, unwanted, and injured animals. o Disposal of dead animals. o Pet adoption and reunification services. ® Pet vaccination and medical services. DISCUSSION: IVHS offers a contract model that establishes the City's guaranteed annual costs based on two factors. First, IVHS uses a population -based formula in which Diamond Bar's share of gross costs equals 6.5% of the total animal care and control services budget for all IVHS contract agencies. This number, which equals $352,190 for FY 2016-17, is offset by the estimated amount of revenues generated by license fees, penalties, and other fees collected in Diamond Bar, which IVHS estimates to be approximately $192,190 for the year (from 2009-2015, the City's revenues have averaged $149,829 per year, fluctuating based on biennial pet licensing compliance canvassing efforts). Subtracting the estimated revenues from Diamond Bar's share of the total gross cost leaves a guaranteed contract cost of $160,000 for FY 2016-17. In FY 2017-18, a CPI adjustment not -to -exceed five percent (5%) of the City's budgeted cost will be applied to the City's share of the total animal care and control services budget for all IVHS contract agencies. Any revenues generated from canvassing years and general fee-based services that exceed IVHS estimates will be placed in an impound account that could be drawn down by the City to offset cost increases, if any, in subsequent years. The agreement under consideration is the result of ongoing negotiations over the last year, providing the City with a two-year contract that would continue existing service levels through June 30, 2018. Both parties may evaluate the agreement at the conclusion of the two year contract term. RECOMMENDATION: It is recommended that the City Council award a two-year agreement to Inland Valley Humane Society for animal care and control services in Diamond Bar starting July 1, 2016, through June 30, 2018, in the amount of $160,000 annually, plus a CPI not -to -exceed five percent (5%) commencing in FY2017-18. Funds for FY2016-17 have been appropriated as part of the adopted FY2016-17 budget. Prepared by. Reviewed by 1 Anthony Santos RyaLean Sr. Management Analyst Dep ity Manager Attachments: 1. Agreement. ANIMAL SHELTER AND ANIMAL, CONTROL SERVICES AGREEMENT THIS ANIMAL SHELTER AND ANIMAL CONTROL SERVICES AGREEMENT ("Agreement') is made and entered into this day of , 20, by and between the CITY OF DIAMOND BAR, a municipal corporation (hereinafter referred to as "City"), and THE HUMANE SOCIETY OF POMONA VALLEY INC. dba INLAND VALLEY HUMANE SOCIETY & S.P.C.A., a nonprofit corporation (hereinafter referred to as "Humane Society"). WHEREAS, the purpose of entering into this Agreement is to contract for public animal shelter and animal control services with Humane Society under the terms and conditions as provided herein; NOW, THEREFORE, in consideration of the mutual promises, covenants and conditions contained herein, it is mutually agreed by and between City and Humane Society (hereinafter "Party," individually, or "Parties," collectively), as follows: 1. Humane Society Services: (a) Generally The services to be performed by Finnan Society pursuant to this Agreement include the maintenance and operation of an animal shelter in compliance with California law, enforcement of the statutes enumerated in California Food and Agriculture Code section 30501, implementation of Food and Agriculture Code sections that apply to animal control, licensing, rabies control and investigation/prosecution regarding animal cruelty and potentially dangerous/vicious dogs, enforcement of all City ordinances related to animals and the services set forth in Exhibit 1 attached to this Agreement. (b) Administrative Citations: Issue and Collection In addition to the services listed above and in Exhibit 1, on behalf of City, Humane Society will issue and collect payment from administrative citations for violation of statutes, regulations or ordinances related to animals and animal control. However, before Humane Society can issue and collect payment for administrative citations, City must adopt an ordinance authorizing Humane Society to issue administrative citations for the purpose of enforcing City code pertaining to animals and to facilitate the collection of associated fines and/or fees. 2. Non -Discrimination: Humane Society is an equal opportunity employer and subject to, and in compliance with, applicable State and Federal Anti -Discrimination laws. Humane Society does not discriminate on the basis of race, color, religion, marital status, ancestry, national origin, handicap, gender, gender identity, sexual orientation, military status, disability, or any other classification protected by law. ANIMAL SHELTER AND ANIMAL CONTROL SERVICES AGREEMENT PAGE I MASTER 2 REV. 46/16 3. Cooperation with Health DgUa1:ftgW: Humane Society agrees to cooperate with the California Department of Health Services and the health departments of all governing counties in matters pertaining to rabies and animal quarantine. In cooperation with the state and local health departments, Humane Society will conduct animal inoculation programs as required. 4. Cooperation with Humane Soeiety: City agrees that its departments and employees will cooperate with Humane Society in the performance of the services to be performed by Humane Society under this Agreement. City agrees that its employees will not interfere with Humane Society's performance of the services set forth in this Agreement. S. Compensation Paid to Humane Society: Humane Society agrees to perform and discharge, at its own cost and expense, all animal shelter and animal control services included in Paragraph 1. City agrees to compensate Humane Society for services described in Paragraph 1 in the following manner: (a) Humane Society shall receive and retain all payments received for dog and cat licenses and related late fees, impound fees, kennel care fees and court fines collected on behalf of City as a result of City's animal control program. Any fees collected by City in connection with City's animal control program shall be automatically remitted to Humane Society. (b) In addition to the revenues identified in Paragraph 5(a) above, City shall pay to Humane Society for the fiscal year of July 1, 2016 to June 30, 2017, the sum of one hundred sixty thousand dollars ($160,000.00) payable in equal monthly installments of thirteen thousand three hundred thirty three dollars ($13,333.00) commencing on July 1, 2016 and continuing each month thereafter on or before the first day of the month. (i) Humane Society and City agree the Gross Animal Care and Control Cost ("Gross") for the initial year of the Agreement is three hundred fifty two thousand one hundred ninety dollars ($352,190.00). The Gross includes the $160,000.00 payable by City to Humane Society and the anticipated revenue received from the activities described in Paragraph 5(a). (c) The annual compensation paid to Humane Society shall increase effective July 1, 2017 and each July I of each subsequent year during the term ofthis Agreement by an amount equal to the annual percentage increase in the Consumer Price Index for All Urban Consumers for the Los Angeles — Riverside — Orange County, California region ("CPI -U -LA"). The percentage increase is determined by comparing the published monthly index for December to the prior year index for December, up to the maximum of five percent (5%) of the previous year's Gross. There shall be no reduction should the CPI -U -LA be negative. ANIMAL SHELTER AND ANIMAL CONTROL SERVICES AGREEMENT PAGE 2 MASTER 2 REV. 06/16 (d) City designates as the sole representative of City, its city manager or the person designated by the city manager to work with Humane Society in all matters involving the implementation of this Agreement, including, but not limited to, the determination of the annual supplemental amount based on the CPI to be paid to Humane Society. (e) City and Humane Society may negotiate adjustments to the revenue set out in Paragraphs 5(a) through (c) above at any time during the term of this Agreement set forth in Paragraph 9 below. The adjustments to the revenue anticipated by this provision include, but are not limited to, licensing and ancillary fees charged by Humane Society on City's behalf. 6. Availability of Service: (a) Office Hours and Telephone Line: 8:00 a.m. to 5:30 p.m. Monday, Tuesday, Thursday, Friday and Saturday 8:00 a.m. to 7:00 p.m. Wednesday (b) Animal Shelter Hours: 10:00 a.m. to 5:30 p.m. Monday, Tuesday, Thursday, Friday and Saturday 10:00 a.m. to 7:00 p.m. Wednesday (c) Humane Society is closed Sunday and most major holidays. Indemnification and Hold Harmless: (a) Humane Society represents that it possesses the necessary qualifications to perform the services and duties set forth in this Agreement and shall perform the services and duties consistent with the standards generally recognized as being employed by others performing similar services in the State ofCalifornia. (b) Humane Society is an independent contractor and shall have no authority to bind City or to create or incur any obligation oil behalf of, or liability against, City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Humane Society, its employees, agents and subcontractors are not employees of City. (c) Humane Society shall indemnify, defend and hold harmless, City, its elected and appointed officials, officers, agents and employees (collectively "Indemnitee") from and against any and all liabilities, losses, claims, demands, actions, causes of action, proceedings, suits, damages, judgments, costs and expenses of litigation, including reasonable attorneys' fees, which hndemmnitee may suffer or incur or which Indemnitee may become subject to by reason of or arising out of anyinjury ANIMAL SHELTER AND ANIMAL CONTROL SERVICES AGREEMENT PAGE. 3 MASTER 2 REV. 06116 to or death of any person(s), damage to property, or loss of use of property, allegedly caused by the negligent or willful acts or omissions of Humane Society, its agents, officers, directors or employees, acting within the scope of their employment or affiliation with Humane Society while performing the services set forth in this Agreement. (d) In the event that any action or proceeding is brought against Indemnitee by reason of any of the matters against which Humane Society has agreed to indemnify Indemnitee, Humane Society, upon notice from City, shall agree to defend Indemnitee at Humane Society's expense by competent legal counsel. City agrees to notify Humane Society within five (5) days of its receipt of service of legal process by a third party in a lawsuit naming City as a defendant and claiming injury to or death of any person(s), damage to property or loss of use of property, allegedly caused by the negligent or willful acts or omissions of Humane Society, its agents, officers, directors or employees, acting within the scope of their employment or affiliation with Humane Society while performing the services set forth in this Agreement. (e) Humane Society's indemnification under this Agreement does not extend to liabilities, losses, claims, demands, actions, causes of action, proceedings, suits, damages, judgments, costs and expenses of litigation, including attorney's fees, which Indemnitee may suffer or incur or which Indemnitee may become subject to by reason of or arising out of any injury to or death of any person(s), damage to property, or loss of use of property caused by the active or passive negligence or willful acts or omissions of City, its elected and appointed officials, officers, agents, employees, volunteers orrepresentatives. (f) The insurance required to be maintained by Humane Society under Paragraph 8 shall ensure Humane Society's obligations under Paragraph 7, but the limits of such insurance shall not limit the liability of Humane Society hereunder. The provisions of Paragraph 7 shall survive the expiration or earlier termination ofthis Agreement. 8. Insurance: (a) Humane Society shall, at its expense, procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the services set forth in this Agreement by Humane Society or its agents, representatives or employees acting within the scope of their agency, employment or representation. Insurance is to be placed with insurers with a current A.M. Best's rating no less than ANIL II. ANIMAL SHELTER AND ANIMAL CONTROL SERVICES AGREEMENT PAGE 4 MASTER 2 REV. 06/16 (b) Minimum Scope and Limits of hnsurance: (i) Minimum Scope of Insurance: Coverage shall be at least as broad as the latest version of: General Liability: Insurance Services Office Commercial General Liability Coverage (form CG 0001). * Automobile Liabilio): Insurance Services Office Business Auto Coverage (form CA 001, code I (any auto)). Workers' Compensation and Employers'Liability: Workers' Compensation insurance as required by the State of California and Employers' Liability Insurance. r Errors and Omissions Liability: Insurance appropriate to Humane Society's profession. (ii) Minimum Limits of Insurance: Limits no less than: General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the activities associated with this Agreement or the general aggregate limit shall be twice the required occurrence limit. Automobile Liability: $1,000,000 per accident for bodily injury and property damage. * Workers' Conpensation and Eniployers'Liability: Workers' Compensation limits as required by the Labor Code of the State of California. Employers' Liability limits of $1,000,000 per accident for bodily injury or disease. Errors and Omissions Liability: $1,000,000 per claim. (c) Other Provisions: (i) All Policies: Each insurance policy required by Paragraph 8 shall be endorsed and state that the coverage shall not be suspended, voided, cancelled by the insurer or either Party to this Agreement, reduced in coverage or in limits, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to City. ANIMAL SHELTER AND ANIMAL CONTROL SERVICES AGREEMENT PAGE 5 MASTER 2 REV. 06/ t 6 Any failure to comply with the reporting or other provisions of the policies, including breaches of warranties, shall not affecteoverage provided to City, its officers, officials, employees or volunteers. Any deductibles or self-insured retentions must be declared to and approved by City. (ii) General Liability and Automobile Liability Insurance: City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds for liability arising out of the services provided by Humane Society as set forth in this Agreement; premises owned, occupied or used by Humane Society; or automobiles owned, leased, hired or borrowed by Humane Society. The coverage shall contain no special limitations on the scope of protection afforded to City, its officers, officials or employees. Humane Society insurance shall be primary insurance withrespect to City, its officers, employees and volunteers. Any insurance or self-insurance maintained by City, its officers, employees or volunteers shall apply in excess of, and not contribute with, Humane Society's insurance. Humane Society's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the limits of insurer's liability. (iii) Workers' Compensation Insurance: Unless the City Manager otherwise agrees in writing, the insurer shall agree to waive all rights of subrogation against City, its officers, officials, employees and agents for losses arising from the services performed by fIumane Society as set forth in this Agreement. (iv) Certificates of Insurance: Humane Society agrees to deposit with City, at or before the effective date of this Agreement, certificates of insurance sufficient to satisfy City that the insurance provisions of Paragraph 8 of this Agreement have been complied with. The City attorney may require that Humane Society furnish City with copies of original endorsements effecting coverage as required by Paragraph 8 of this Agreement. The certificates or endorsements must be signed by a person authorized by that insurer to bind coverage on its behalf. City reserves the right to inspect complete, certified copies of all required insurance policies at any time. ANIMAL SHELTER AND ANINIAL CONTROL, SERVICES AGREEMENT PAGE MASTER 2 REV. 06/t6 9. Contract Term and Renewal: This Agreement shall commence on July 1, 2016, shall be effective for an initial term of two (2) years and shall expire on June 30, 2018. Unless either Party gives express written notice of its intent to terminate this Agreement at least ninety (90) days prior to the scheduled expiration date of this Agreement, this Agreement shall automatically renew for successive two (2) years/twenty four (24) month periods until terminated by one of the Parties as provided herein. 10. Inspection Rights: Humane Society shall, upon reasonable request and notice from City, provide copies of Humane Society's audited financial statements and tax returns as they are kept in the normal course of business, as to any time period covered by this Agreement. Nothing herein shall require Humane Society to alter its methods of recordkeeping or accounting, or incur additional accounting or tax -preparation expense. 11. Termination: After the completion of the first year of the Agreement term, either Party, at any time, may terminate this Agreement without cause upon the giving of no less than three hundred sixty (360) days prior written notice to the other Party of the intent to terminate. This notice shall include the date of termination which shall be no less than three hundred sixty (360) days following the date of the notice. in the event of such a termination, Humane Society shall be paid for all work performed under the Agreement through the date of termination. In the event that the Agreement is terminated by City as provided in this Paragraph, City shall compensate Humane Society for all additional expenses incurred in transferring the animal shelter and animal control services to any other consultant or provider chosen by City to perform the animal shelter and animal control services. These additional expenses include, but are not limited to, the identification and relocation of animals, transfer of records, including medical records, and other costs related to the transfer of the responsibility for animal sheltering and animal care services from Humane Society. 12. Renegotiation Upon Occurrence of Certain Events: (a) Mandatory Spay and Neuter Legislation: Notwithstanding Paragraphs 5, 9, 10 and 11 above, City agrees to renegotiate the terms of this Agreement if a City, County, State or other governmental agency adopts a statute, code, regulation, ordinance or other law requiring the mandatory spay and neuter of dogs and/or cats within City's limits. City also agrees to renegotiate the terms of this Agreement if mandatory spay and neuter is added as a requirement for the licensing of dogs and/or cats within City limits. City agrees to this renegotiation notwithstanding the specific terms of the municipal code section, statute, regulation or ordinance regarding the age of the animal and any exceptions or exemptions to the municipal code section, statute, regulation or ordinance. This renegotiation isjustified because of the increased cost to Humane Society to enforce the new municipal code section, statute, regulation or ANIMAL SHELTER AND ANIMAL CONTROL SERVICES AGREEMENT PAGE 7 MASTER 2 REV. 06/16 ordinance. The renegotiation contemplated in this Paragraph will commence within fifteen (15) days of the final approval of the municipal code section, statute, regulation or ordinance and will result in revisions to Paragraphs 5 and 9 above. ANIMAL SHELTER AND ANIMAL CONTROL SERVICES AGREEMENT PAGE 8 MASTER 2 REV. 06/16 (b) Renegotiation FollowingPassage of Other State or Local Legislation with Fiscal Impact on Animal Control Services: In addition to Paragraph 12(a) above, the Parties agree to renegotiate this Agreement upon the passage of any state or local legislation that has a fiscal impact on animal control services. 13. Onnortmii to Cure: In the event of an alleged breach of this Agreement by either Patty, express written notification of an intent to terminate this Agreement, containing an explanation of the alleged breach, must be provided to the allegedly breaching Party within ten (10) days of the alleged breach. The allegedly breaching Party must be given a reasonable time to cure, no less than thirty (30) days following the written notification. In the event that the Parties can not agree regarding whether the breach has been cured, the Parties must meet and negotiate a reasonable compromise. In no case will this Agreement terminate automatically based on the allegations of breach by one of the Parties. 14. Merger and Integration Clause: This Agreement and Exhibit 1 attached hereto contain the entire agreement of the Parties with respect to the subject matter of this Agreement, and supersede all prior negotiations, agreements and understandings with respect thereto. 15. Severability Clause: If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the Parties' intention. All remaining provisions of this Agreement shall remain in fill force and effect. 16. Prohibition Against Transfers: Neither Party may assign or otherwise transfer or delegate any right or duty under this Agreement without the express written consent of the other Party. Any attempt to do so without the express written consent of both Parties shall be null and void and any assignee or transferee shall acquire no right or interest by reason of such attempted assignment or transfer. 17. Attorneys' Fees: In any litigation, arbitration or other proceeding by which one Party either seeks to enforce its rights under this Agreement (whether in contract, tort, or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing Party shall be awarded its reasonable attorneys' fees, costs and expenses incurred. ANIMAL SHELTER AND ANIMAL CONTROL SERVICES AGREEMENT PAGE 9 MASTER REV. 06/16 18. Force 1Vlaieure: Neither Party will be considered to be in default of this Agreement as a result of events beyond their reasonable control. For purposes of this Agreement, such events shall include, but are not limited to, acts of God, terrorism, war, catastrophe, or other "force majeure" events beyond the Parties' reasonable control. 19. Authorized Parties: Each Party to this Agreement has the authority to enter into and form the Agreement. The individuals signing the Agreement have the authority to act as agents of their respective organizations. Each Party acknowledges that they have read this Agreement and will abide by it. 20. Choice of Law: This Agreement shall be governed by and construed in all respects in accordance with the laws of California. The place for any action initiated to enforce any obligation under this Agreement.shall be California. City hereby submits to the jurisdiction of the state and federal courts in California and waives any objection to venue in California. 21. Notices: A notice required or desired to be given pursuant to this Agreement shall be given in writing and sent by certified mail, return receipt requested, addressed as follows: For City: For Humane Society: City Manager President/CEO 21810 Copley Dr. 500 Humane Way Diamond Bar, CA 91765 Pomona, CA 91766 (909) 623-9777 Any notice so given shall be considered served on the other Party three (3) days after the date of mailing. The address for the notice may be changed by giving written notice of such change pursuant to this Paragraph. ANIMAL SHELTER AND ANIMAL CONTROL SERVICES AGREEMENT PAGE MASTER 2 REV. 06/16 IN WITNESS WHEREOF, the Panties hereto have accepted, made and executed this Agreement upon the terms, conditions and provisions above stated the day and year first above written. CITY, a Municipal Corporation: THE HUMANE SOCIETY OF By: City Manager Date By: City Clerk Date APPROVED AS TO FORM: y: City Attorney Date POMONA VALLEY, INC. dba INLAND VALLEY HUMANE SOCIETY & S.P.C.A., a California Non -Profit Corporation: By: President/CEO By: Secretary By: General Counsel ANIMAL SHELTER AND ANIMAL CONTROL SERVICES AGREEMENT PAGE 10 MASTER 2 REV. 06/16 EXHIBIT 1 Additional Services Provided by Humane Society Humane Officer Availability: (a) Humane Officers are available 8:00 a.m. to 9:00 p.m. Monday through Sunday. (b) One Humane Officer is available for emergencies 9:00 p.m. to 8:00 a.m. Monday through Sunday and major holidays. 2. Canvassing: (a) Humane Society will canvass for dog and cat license compliance, door to door, at regular intervals. 3. Rabies Control: (a) Humane Society will provide: (i) Low cost rabies vaccinations. (ii) License renewals. (iii) License delinquent notifications. (iv) Rabies Certificates. 4. Website: (a) Humane Society will maintain a website available to City's constituents. 5. Owned Animal Services/Pee for Service: (a) Humane Society will provide and may charge a fee for: (i) Deceased animal pick-up. (ii) Euthanasia for owner -relinquished sick and/or injured animals. (iii) Adoption of owner -relinquished animals. (iv) Special circumstance ambulance service for transport to veterinary hospital (v) Assistance to owners for confinement and movement of animals. (vi) Elective Spay/Neuter or other medical treatment for owned pets. 6. Miscellaneous Services Provided by Humane Society: (a) Chemical capture and rescue for stray animals unable to be trapped. (b) Education regarding wildlifc, including co -existence with wildlife. (c) Dedicated Humane Officer for cruelty investigations. ANIMAL SHELTER AND ANINIAL CONTROL SERVICES AGREEMENT PAGE I1 MASTER 2 REV. 06/16 Agenda # 7.1 (a) Meeting Date: June 21, 2016 CITY COUNCIL l AGENDA REPORT �Qgo,arcmacrA� TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Ma a TITLE: RESOLUTION LEVYING AN AS ESSMENT ON CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 38 FOR THE FISCAL YEAR 2016-2017 RECOMMENDATION: Adopt. FINANCIAL SUMMARY: The District 38 levy rate of $15.00 per parcel will generate $269,025 in assessment revenue. The assessment rate remains the same as the rate applied at the date of Diamond Bar's incorporation. There are not sufficient funds collected to maintain and improve the District without utilizing the General Fund. For FY 2016-17, $117,253 of the General Fund will pay for the operation and maintenance costs in District 38. The assessment revenues shall be deposited in Special Revenue Landscape Fund 138 and shall apply toward the 2016-17 operation and maintenance budget. The total annual budget of the District is $386,278. The itemized budget for District 38 is included in the attached Engineer's Report on Page 11. BACKGROUND/DISCUSSION: The landscaping improvements to be maintained by District 38 are the parkways along the northerly side of Grand Avenue (between Diamond Bar Boulevard and Summitridge Drive), the southerly side of Temple Avenue (between Diamond Bar Boulevard and Golden Springs Drive), along Golden Springs Drive (between Torito Lane and Temple Avenue); the streetscape improvements along Brea Canyon Road (between Pathfinder Road and the Southerly City Limit); and the medians throughout the City. The maintenance areas are further detailed in the Engineer's Report on Page 9. The maintenance and servicing of public landscaping improvements installed and constructed in public places in the City provides a special benefit which is received by each and every lot or parcel within the District, tending to enhance their value. The estimated number of parcels within the District is 17,935 parcels. The amount assessed upon the lands within District No. 38 for Fiscal Year 2015-2016 was $15.00 per parcel. This proposed assessment has been determined to be exempt from the provisions of Proposition 218 as set forth in Section 5(a): Any assessment imposed exclusively to finance the capital costs or maintenance and operation expenses for sidewalks, streets, sewers, water, flood control drainage systems or vector control. PREPARED BY: Marcy Hilario, Administrative Coordinator REVIEWED Davi G. Liu, P.E. Director of Public Works/City Engineer Date Prepared: June 6, 2016 Attachments: Resolution No. 2016 -XX Engineer's Report dated April 2016 RESOLUTION NO. 2016 -XX A RESOLUTION LEVYING AN ASSESSMENT ON CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 38 FOR THE FISCAL YEAR 2016-17. A. RECITALS. (i) By its Resolution No. 2016-12, this Council approved a report of the Engineer of Work related to City of Diamond Bar Assessment District No. 38 ("District') prepared pursuant to Article XIII of the California Constitution, and the Landscape and Lighting Act of 1972 (the "Act'), Part 2 of Division 15 of the California Streets and Highways Code (commencing with Section 22500 thereof), which described the improvements thereon, and gave notice of and fixed the time and place of the hearing on the question of assessment thereon for fiscal year 2016-17. A diagram of the area encompassed by said assessment district is attached hereto as Exhibit "A-1." (ii) Said hearing was duly and properly noticed, commenced in the Auditorium located at the AQMD/Government Center, 21865 Copley Drive, Diamond Bar, California on June 21, 2016, and was concluded prior to the adoption of this Resolution. (iii) All legal prerequisites to the adoption of this Resolution have occurred. B. RESOLUTION. NOW, THEREFORE, the City Council of the City of Diamond Bar does hereby find, determine and order as follows: 1. The Recitals, as set forth in Part A of this Resolution, are in all respects true and correct. 2. This Council hereby expressly overrules any and all protests filed objecting to the proposed improvements specified herein or the assessment levied therefore. I 3. Based upon its review of the report of the Engineer of Work referred to hereinabove, and other reports and information, the City Council hereby finds that (i) the land within the said District will be benefitted by the improvements specified in said report, (ii) said District includes all of the lands so benefitted, and (iii) the net amount to be assessed upon the lands within said District for the 2016-17 fiscal year, in accordance with said report, is apportioned by a formula and method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements 4. The improvements specified in the report hereinabove referred to which is on file with the City Clerk of the City of Diamond Bar are hereby ordered to be completed. 5. The assessment diagram contained in the report referred to hereinabove and the assessment of $15.00 for each assessable lot located within said District are hereby adopted and confirmed and said assessment hereby is levied for the 2016-17 fiscal year. 6. The assessment is in compliance with the provisions of the Act, and the City Council has complied with all laws pertaining to the levy of an annual assessment pursuant to the Act. The assessment is levied for the purpose of paying the costs and expenses of the improvements described in the report referred to hereinabove for fiscal year 2016-17. 7. The City of Diamond Bar City Council hereby certifies that the assessments to be placed on the 2016-17 property tax bills meet the requirements of Proposition 218 that added ARtciels XIIIC and MID to the California Constitution. 8. The assessments are levied without regard to property valuation. 9. The City Treasurer shall deposit all moneys representing assessments collected by the County to the credit of a special fund for use in City of Diamond Bar Assessment District No. 38. 2 10. The City Clerk is hereby authorized and directed to file the diagram and assessment with the County Auditor, together with a certified copy of this Resolution upon its adoption. 11. A certified copy of the assessment and diagram shall be filed in the office of the City Clerk and open for public inspection. 12. The City Clerk shall certify to the adoption of this Resolution. ADOPTED AND APPROVED this day of 2016. Nancy A. Lyons, Mayor I, TOMMYE A. CRIBBINS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at the regular meeting of the City Council of the City of Diamond Bar held on the day of , 2016, by the following Roll Call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: Tommye A. Cribbins, City Clerk City of Diamond Bar 3 Exhibit A-1 SHEET 1 OF t SHUT r'd 29 T&A Y M11 a� .go r M sf> fir, 1r *�r3s H rZ Al r V UIRT, -'�- �a�' v /�•vMl � Yr 'T� C E)HIBIT "A ASSESSMENT DIAGRAM I /Y aN ASSESSMENT DISTRICT N0. 38 ry�j�, j f�,��`•y Y %FOR THE CITY OF DIAMOND BAR CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 38 ENGINEER'S REPORT FISCAL YEAR 2016-17 APRIL 2016 PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972, GOVERNMENT CODE AND ARTICLE XI IID OF THE CALIFORNIA CONSTITUTION ENGINEER OF WORK: SCIConsultingGroup 4745 MANGELS BOULEVARD FAIRFIELD, CALIFORNIA 94534 PHONE 707.430.4300 FAx 707.430.4319 WWW.SCI-CG.COM (THIS PAGE INTENTIONALLY LEFT BLANK) PAGE CITY OF DIAMOND BAR CITY COUNCIL Nancy A. Lyons, Mayor Jimmy Lin, Mayor Pro Tem Carol Herrera, Councilmember Ruth M. Low, Councilmember Steve Tye, Councilmember CITY MANAGER James DeStefano PUBLIC WORKS DIRECTOR/ CITY ENGINEER David Liu COMMUNITY SERVICES DIRECTOR Bob Rose CITY ATTORNEY David DeBerry ENGINEER OF WORK SCI Consulting Group CITY OF DIAMOND BAR ww LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 38 SC IConaultingGroup ENGINEER'S REPORT, FISCAL YEAR 2016-17 PAGE II (THIS PAGE INTENTIONALLY LEFT BLANK) CITY OF DIAMOND BAR mw� LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT No. 38 SC ICansultingG roup ENGINEER'S REPORT, FISCAL YEAR 2016-17 PAGE III TABLE OF CONTENTS INTRODUCTION....................................................................................................................... 5 OVERVIEW...................................................................................................................... 5 ENGINEERS REPORT AND CONTINUATION OF ASSESSMENTS .............................................. 5 LEGISLATIVEANALYSIS.................................................................................................... 6 PLANS & SPECIFICATIONS...................................................................................................... 9 FISCAL YEAR 2016-17 ESTIMATE OF COST AND BUDGET.......................................................11 BUDGET FOR FISCAL YEAR 2016-17............................................................................... 11 METHOD OF ASSESSMENT APPORTIONMENT..........................................................................13 METHOD OF APPORTIONMENT........................................................................................ 13 DISCUSSION OF BENEFIT................................................................................................ 13 SPECIALBENEFIT.......................................................................................................... 14 GENERAL VERSUS SPECIAL BENEFIT..............................................................................16 BENEFITFINDING........................................................................................................... 17 METHOD OF APPORTIONMENT........................................................................................ 20 ANNUAL ASSESSMENT CALCULATION.............................................................................. 20 DURATIONOF ASSESSMENT........................................................................................... 21 APPEALS OF ASSESSMENTS LEVIED TO PROPERTY........................................................... 21 ASSESSMENT FUNDS MUST BE EXPENDED WITHIN THE DISTRICT AREA ............................. 21 ASSESSMENT...................................................................................................................... 22 ASSESSMENTDIAGRAM........................................................................................................24 ASSESSMENTROLL.............................................................................................................26 CITY OF DIAMOND BAR wm� LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 38 SCIConsultingG roup ENGINEERS REPORT, FISCAL YEAR 2016-17 PAGE IV LIST OF TABLES TABLE 1 — FY 2016-17 ESTIMATE OF COSTS......................................................................... 11 TABLE 2 — FY 2016-17 SUMMARY COST ESTIMATE................................................................ 22 CITY of DIAMOND BAR mm� LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT No. 38 SCIConsu ItingG roup ENGINEER'S REPORT, FISCAL YEAR 2016-17 INTRODUCTION OVERVIEW The City of Diamond Bar (the "City") services and maintains perimeter and median landscaping, and other improvements ("Improvements") to various parts of the City. In order to fund the maintenance and operation ("Services") of these projects and improvements, Landscaping Assessment District No. 38 ("District") was formed in 1984 by the County of Los Angeles prior to the incorporation of the City of Diamond Bar. Upon incorporation in 1989, the City assumed jurisdiction over the District. This Engineer's Report ("Report") was prepared to establish the budget for the Improvements (as described below) that will be funded by the 2016-17 assessments and other revenue, and to determine the general and special benefits received from the Improvements by property within the District and the method of assessment apportionment to lots and parcels. This Report and the assessments have been made pursuant to the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code (the "Act") and Article XIIID of the California Constitution (the "Article"). ENGINEER'S REPORT AND CONTINUATION OF ASSESSMENTS The assessments have been continued for over 30 years. In each subsequent year for which the assessments will be continued, the Diamond Bar City Council (the "Council") must direct the preparation of an Engineer's Report, budgets, and proposed assessments for the upcoming fiscal year. After the report is completed, the City Council may preliminarily approve the Engineer's Report and the continued assessments and establish the date for a public hearing on the continuation of the assessments. Accordingly, this Engineer's Report (the "Report") was prepared pursuant to the direction of the City Council. As required by the Act, this Report includes plans and specifications, a diagram or map of the District, the benefits received by property from the Improvements within the District, and the method of assessment apportionment to lots and parcels within the District. If the Council approves this Engineer's Report and the continuation of the Assessments by resolution, a notice of public hearing must be published in a local newspaper at least 10 days prior to the date of the public hearing. The resolution preliminarily approving the Engineer's Report and establishing the date for a public hearing is typically used for this notice. Following the minimum 10 -day time period after publishing the notice, a public hearing is held for the purpose of allowing public testimony about the proposed continuation of the Assessments. This hearing is currently scheduled for June 21, 2016. At this hearing, the Council will consider approval of a resolution confirming the continuation of the Assessments for fiscal year 2016-17. If so confirmed and approved, the Assessments would be submitted to the Los Angeles County Auditor/Controller for inclusion on the property tax rolls for fiscal year 2016-17. CITY OF DIAMOND BAR LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT No. 38 ENGINEER'S REPORT. FISCAL YEAR 2016-17 SCIConsultingG roup PAGE Beginning in 2015, SCI Consulting Group became the Assessment Engineer for the District. To maintain an accurate reference and legally defensible record of the District, pertinent language used in previous engineer's reports has been retained herein and is cited in italics as appropriate. LEGISLATIVE ANALYSIS PROPOSITION 218 The Right to Vote on Taxes Act was approved by the voters of California on November 6, 1996, and is now Article XIIIC and XIIID of the California Constitution. Proposition 218 provides for benefit assessments to be levied to fund the cost of providing services and improvements, as well as maintenance and operation expenses to a public improvement which benefits the assessed property. SILICON VALLEY TAXPAYERS ASSOCIATION, INC. V SANTA CLARA COUNTY OPEN SPACE AUTHORITY (2008) 44 CAL. 4TH 431 In July of 2008, the California Supreme Court issued its ruling on the Silicon Valley Taxpayers Association, Inc, v. Santa Clara County Open Space Authority ("SVTA"). This ruling is significant in that the Court clarified how Proposition 218 made changes to the determination of special benefit. The Court also found that: ■ Benefit assessments are for special, not general, benefit ■ The services and/or improvements funded by assessments must be clearly defined ■ Special benefits are directly received by and provide a direct advantage to property in the Improvement District ■ The assessment paid by property should be proportional to the special benefits it receives from the Improvements This Engineer's Report and the process used to establish the continuation of the assessments for fiscal year 2016-17 are consistent with the SVTA decision and with the requirements of Article XIIIC and XIIID of the California Constitution based on the following factors: 1. The District is drawn to include the entire City; although only parcels deriving special benefits are included in the assessment rolls. Thus, zones of benefit are not required and the assessment revenue derived from real property in the District is expended only on the Improvements in the District. 2. The Improvements which are constructed and maintained with assessment proceeds in the District are located in close proximity to the real property subject to the assessment. The Improvements provide landscaping and other services to the residents of such assessed property. The proximity of the Improvements to the assessed parcels provides a special benefit to the parcel being assessed pursuant to the factors outlined by the Supreme Court in that decision. CITY OF DIAMOND BAR LANDSCAPEAND LIGHTING ASSESSMENT DISTRICT No. 38 SCIConsultingGroup ENGINEER'S REPORT, FISCAL YEAR 2016-17 PAGE 3. Due to their proximity to the assessed parcels, the Improvements financed with assessment revenues in the District benefit the properties in that District in a manner different in kind from the benefit that other parcels of real property in the City derive from such Improvements, and the benefits conferred on such property in the District are more extensive than a general increase in property values. 4. The assessments paid in the District are proportional to the special benefit that each parcel within that Assessment District receives from the Improvements because: a. The specific landscaping Improvements and maintenance and utility costs thereof in the District are specified in this Report; and b. Such Improvement and maintenance costs in the District are allocated among different types of property located within the District, and equally among those properties which have similar characteristics, such as single-family residential parcels, multi -family residential parcels, commercial parcels, industrial parcels, etc. DAHMS V. DOWNTOWN POMONA PROPERTY (2009) 174 CAL. APP. 4TH 708 In Dahms v. Downtown Pomona Property ("Dahms") the Court upheld an assessment that was 100% special benefit (i.e. 0% general benefit) on the rationale that the services and improvements funded by the assessments were directly provided to property in the assessment district. The Court also upheld discounts and exemptions from the assessment for certain properties. BONANDER V. TOWN OF TIBURON (2009) 180 CAL. APP. 4TH 103 Bonander v. Town of Tiburon ("Bonanden, the 1St District Court of Appeal overturned a benefit assessment approved by property owners to pay for placing overhead utility lines underground in an area of the Town of Tiburon. The Court invalidated the assessments primarily on the grounds that the assessments had been apportioned to assessed property based on the costs within sub -areas of the assessment district instead of the overall cost of the improvements and the overall proportional special benefits. BEUTZ V. COUNTY OF RIVERSIDE (2010) 184 CAL. APP. 4TH 1516 Steven Beutz v. County of Riverside ("Beutz") the Court overturned an assessment for park maintenance in Wildomar, California, primarily because the general benefits associated with improvements and services were not explicitly calculated, quantified and separated from the special benefits. GOLDEN HILL NEIGHBORHOOD ASSOCIATION V. CITY OF SAN DIEGO (2011) 199 CAL. APP. 4TH 416 On September 22, 2011, the San Diego Court of Appeal issued a decision on the Golden Hill Neighborhood Association v. City of San Diego appeal. This decision overturned an assessment for street and landscaping maintenance in the Greater Golden Hill neighborhood of San Diego, California. The court described two primary reasons for its decision. First, like in Beutz, the court found the general benefits associated with services CITY OF DIAMOND BAR 1111110� LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT N0.38 SCIConBultingGroup ENGINEER'S REPORT, FISCAL YEAR 2016-17 PAGE 8 were not explicitly calculated, quantified and separated from the special benefits. Second, the court found that the City had failed to record the basis for the assessment on its own parcels. . COMPLIANCE WITH CURRENT LAW This Engineer's Report is consistent with the SVTA decision and with the requirements of Article XIIIC and XIIID of the California Constitution because the Improvements to be funded are clearly defined; the benefiting property in the District enjoys close and unique proximity, access and views to the Improvements; the Improvements serve as an extension of usable land area for benefiting properties in the District and such special benefits provide a direct advantage to property in the District that is not enjoyed by the public at large or other property. This Engineer's Report is consistent with Beutz, Dahms and Greater Golden Hill because the Improvements will directly benefit property in the District and the general benefits have been explicitly calculated and quantified and excluded from the Assessments. The Engineer's Report is consistent with Bonander because the Assessments have been apportioned based on the overall cost of the Improvements and Services proportional special benefit to each property, rather than the proportional cost to the District to provide the Improvements to specific properties. CITY OF DIAMOND BAR LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT No. 38 SCI Con sultingG rou p ENGINEER'S REPORT, FISCAL YEAR 2016-17 PAGE 9 PLANS & SPECIFICATIONS The City maintains landscaping and other improvements in locations within the District's boundaries. The work and improvements to be undertaken by Landscaping Assessment District No. 38, ("District"), and the cost thereof paid from the levy of the annual Assessment provide special benefit to Assessor Parcels within the District as defined in the Method of Assessment herein. In addition to the definitions provided by the Landscaping and Lighting Act of 1972 (the "Act"), the work and improvements are generally described as follows: MEDIANS The landscaped islands to be maintained by the District are located as follows: ■ Diamond Bar Blvd ■ Grand Ave ■ Golden Springs Dr -57 fwy overcrossing to West City Limits ■ Golden Prados Dr— Golden Springs Dr to Hopi St ■ Tin Dr — Great Bend Dr to Diamond Bar Blvd ■ Lemon Ave — Lycoming St to Golden Springs Dr ■ Sunset Crossing Rd — 57 fwy off -ramp to Prospectors Rd ■ Prospectors Rd — at Dry Creek Rd; at Palo Cedro Dr; and at Beaverhead Dr ■ Pathfinder Rd at Brea Canyon Rd (east of 57 fwy) PARKWAYS The landscaped parkways to be maintained by the District are located as follows: ■ Grand Ave — Summit Ridge to Diamond Bar Blvd, north side ■ Temple Ave — Diamond Bar Blvd to Golden Springs Dr, south side ■ Golden Springs Dr — Ballena Dr to End of cul-de-sac ■ Golden Springs Dr — EI Encino Dr to Platina Dr ■ Golden Springs Dr — Rancheria Rd to end of cul-de-sac ■ Diamond Bar Blvd — Mountain Laurel Way to Maple Hill Rd ■ Pathfinder Rd — Evergreen Springs Dr to end of cul-de-sac ■ Brea Canyon Rd — at Gerndal St ■ Golden Springs Dr— at Adel Ave ■ Brea Canyon Rd — South of Pathfinder Rd to southerly City Limits, both sides ■ Sunset Crossing Rd — Big Falls Dr to Chapparal Dr TURF AREAS The landscaped turf areas to be maintained by the District are located as follows: Diamond Bar Blvd — at Gold Rush Dr Grand Ave (east side) — from south of Rolling Knoll Dr to driveway at the Diamond Bar Center CITY OF DIAMOND BAR ww LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT No. 38 SCIConsultingGroup ENGINEER'S REPORT, FISCAL YEAR 2016-17 PAGE 10 Installation, maintenance and servicing of Improvements, may include, but are not limited to, turf and play areas, landscaping, ground cover, shrubs and trees, irrigation systems, lighting, fencing, entry monuments, security patrols to protect the Improvements, graffiti removal and repainting, and labor, materials, supplies, utilities and equipment, as applicable, at each of the locations owned, operated or maintained by the District. As applied herein, 'Installation" means the construction of Improvements, including, but not limited to, land preparation (such as grading, leveling, cutting and filling), sod, landscaping, irrigation systems, walkways and drainage and lights. "Maintenance" means the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of any improvement, including repair, removal or replacement of all or any part of any improvement; providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury; the removal of trimmings, rubbish, debris, and other solid waste, and the cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti. "Servicing" means the furnishing of electric current, orenergy, gas or other illuminating agent for any public lighting facilities or for the lighting or operation of any other improvements; or water for the irrigation of any landscaping, the operation of any fountains, or the maintenance of any other improvements. Incidental expenses include all of the following: (a) The costs of preparation of the report, including plans, specifications, estimates, diagram, and assessment; (b) the costs of printing, advertising, and the giving of published, posted, and mailed notices; (c) compensation payable to the County for collection of assessments; (d) compensation of any engineer or attorney employed to render services in proceedings pursuant to this part; (e) any other expenses incidental to the construction, installation, or maintenance and servicing of the Improvements; (f) any expenses incidental to the issuance of bonds or notes pursuant to Streets & Highways Code Section 22662.5; and (g) costs associated with any elections held for the approval of a new or increased assessment (Streets & Highways Code §22526). Modifications to the District structure could include, but are not limited to, substantial changes or expansion of the Improvements provided, substantial changes in the service provided, modifications or restructuring of the District including annexation or detachment of specific parcels, revisions in the method of apportionment, or proposed new or increased assessments. The assessment proceeds will be exclusively used for Improvements within the District plus incidental expenses. CITY OF DIAMOND BAR vw LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT No. 38 SC IConsultingGroup ENGINEER'S REPORT, FISCAL YEAR 2016-17 PAGE 11 FISCAL YEAR 2016-17 ESTIMATE OF COST AND BUDGET BUDGET FOR FISCAL YEAR 2016-17 The 1972 Act provides that the total costs for providing the maintenance and servicing of the District Improvements and facilities can be recovered in the assessment spread including incidental expenses. The latter can include engineering fees, legal fees, printing, mailing, postage, publishing and all other casts identified with the District proceedings. An estimate of District costs for fiscal year 2016-17 for the maintenance and servicing of the Improvements is provided below. TABLE 1— FY 2016.17 ESTIMATE OF COSTS Expenditure Item Amount Salaries & Benefits (subsidized by General Fund) $ 35,966 Operating Expenses Advertising 5,000 Utilities $ 132,000 Maintenance of Grounds/Buildings 16,200 Professional Services 5,500 Contract Services 191,612 Capital Improvements 0 Reserve for Future Capital Improvements 0 Estimated Expenditures $ 386,278 Revenue Item Amount Direct Benefit Assessments FY 2016117 $ 269,025 General Fund Contribution $ 117,253 Estimated Revenues $ 386,278 Budget Allocation to Parcels Amount Total Assessment Budget° $ 269,025 Total Assessable Parcels 17,935 Assessment per Parcel $ 15.00 CITY OF DIAMOND BAR 011 LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT No. 38 SCIConsultingGroup ENGINEER'S REPORT. FISCAL YEAR 2016-17 PAGE 12 Notes to Estimate of Costs: A. The Act requires that proceeds from the assessments must be deposited into a special fund that has been set up for the revenues and expenditures of the District. Moreover, funds raised by the assessment shall be used only for the purposes stated within this Report. Any balance remaining at the end of the Fiscal Year, June 30, must be carried over to the next Fiscal Year. The District may also establish a reserve fund for contingencies and special projects as well as a capital improvementfund for accumulating funds for larger capital improvement projects or capital renovation needs. Any remaining balance would either be placed in the reserve fund, the capital improvement fund, or would be used to reduce future years' assessments. CITY OF DIAMOND BAR LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT No. 38 SCIConsultingGroup ENGINEER'S REPORT, FISCAL YEAR 2016-17 PAGE 13 METHOD OF ASSESSMENT APPORTIONMENT METHOD OF APPORTIONMENT This section of the Engineer's Report explains the benefits to be derived from the Improvements and the methodology used to apportion the total assessment to properties within the District. The District consists of certain assessor parcels within the boundaries as defined by the Assessment Diagram referenced in this report and the parcels identified by the Assessor Parcel Numbers listed with the levy roll. The parcel list includes all privately and publically owned parcels as shown. The method used for apportioning the Assessment is based upon the relative special benefits to be derived by the properties in the District over and above general benefits conferred on real property or to the public at large. The Assessment is apportioned to lots and parcels in proportion to the relative special benefit from the Improvements. The apportionment of special benefit is a two-step process: the first step is to identify the types of special benefit arising from the Improvements and the second step is to allocate the Assessments to property based on the estimated relative special benefit for each type of property. DISCUSSION OF BENEFIT In summary, the Assessments can only be levied based on the special benefit to property. This benefit is received by property over and above any general benefits. With reference to the requirements for assessments, Section 22573 of the Landscaping and Lighting Act of 1972 states: "The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements." Proposition 218, as codified in Article XIIID of the California Constitution, has confirmed that assessments must be based on the special benefit to property and that the value of the special benefits must exceed the cost of the assessment: "No assessment shall be imposed on any parcel which exceeds the reasonable cost of the proportional special benefit conferred on that parcel." The following benefit categories summarize the types of special benefit to residential, commercial, industrial and other lots and parcels resulting from the Improvements to be CITY OF DIAMOND BAR ®� LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT No. 38 SCIConsultingGroup ENGINEER'S REPORT, FISCAL YEAR 2016-17 PAGE 14 provided with the assessment proceeds. These types of special benefit are summarized as follows: A. Proximity to Improved Landscaped Areas and Other Public Improvements within the District. E. Access to Improved landscaped areas District. and Other Public Improvements within the C. Improved Views within the District. D. Extension of a property's outdoor areas and green spaces for properties within close proximity to the Improvements. In this case, the recent SVTA v. SCCOSA decision provides enhanced clarity to the definitions of special benefits to properties from similar improvements in three distinct areas: Proximity Expanded or improved access Views The SVTA v. SCCOSA decision also clarifies that a special benefit is a service or improvement that provides a direct advantage to a parcel and that indirect or derivative advantages resulting from the overall public benefits from a service or improvement are general benefits. The SVTA v. SCCOSA decision also provides specific guidance that park improvements are a direct advantage and special benefit to property that is proximate to a park that is improved by an assessment: The characterization of a benefit may depend on whether the parcel receives a direct advantage from the improvement (e.g. proximity to a park) or receives an indirect, derivative advantage resulting from the overall public benefits of the improvement (e.g. general enhancement of the district's property values). Proximity, improved access and views, in addition to the other special benefits listed herein further strengthen the basis of these assessments. Moreover, the Dahms decision further clarified that certain services and improvements funded by assessments, that are over and above what otherwise would be provided and that other property in general and the public do not share or receive are 100% special benefit. The assessment -funded services upheld by Dahms included streetscape maintenance and security services. SPECIAL BENEFIT The District was formed by a different engineer of record. From the original Engineer's Report, the primary special benefits on landscaping are as set forth below: CRY OF DIAMOND BAR wm LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT No. 38 SCIConsultingGroup ENGINEER'S REPORT, FISCAL YEAR 2016-17 PAGE 15 1. Beautification of the streets which are used by all of the residents in Diamond Bar. 2. A sense of community pride resulting from well-maintained green spaces. 3. The enhancement of the value of property which results from the foregoing benefits. r In addition, SCI assessment engineers have identified the following special benefits: PROXIMITY TO IMPROVED LANDSCAPED AREAS WITHIN THE DISTRICT Only the specific properties within close proximity to the Improvements are included in the District. The District has been narrowly drawn to include the properties that receive special benefits from the Improvements. Therefore, property in the District enjoys unique and valuable proximity and access to the Improvements that the public at large and property outside the District do not share. In absence of the Assessments, the Improvements would not be provided and the public improvements funded in the District would be degraded due to insufficient funding for maintenance, upkeep and repair. Therefore, the Assessments provide Improvements that are over and above what otherwise would be provided. Improvements that are over and above what otherwise would be provided do not by themselves translate into special benefits but when combined with the unique proximity and access enjoyed by parcels in the District, they provide a direct advantage and special benefit to property in the District. ACCESS TO IMPROVED LANDSCAPED AREAS WITHIN THE DISTRICT Since the parcels in the District are nearly the only parcels that enjoy close access to the Improvements, they directly benefit from the unique close access to improved landscaping areas and other public improvements that are provided by the Assessments. This is a direct advantage and special benefit to property in the District. IMPROVED VIEWS WITHIN THE ASSESSMENT DISTRICTS The City, by maintaining permanent public improvements funded by the Assessments in the District, provides improved views to properties in the District. The properties in the District enjoy close and unique proximity, access and views of the specific Improvements funded in the District; therefore, the improved and protected views provided by the Assessments are another direct and tangible advantage that is uniquely conferred upon property in the District. EXTENSION OF A PROPERTY'S OUTDOOR AREAS AND GREEN SPACES FOR PROPERTIES WITHIN CLOSE PROXIMITY TO THE IMPROVEMENTS In large part because it is cost prohibitive to provide large open land areas on property in the District, the residential, commercial and other benefiting properties in the District do not have large outdoor areas and green spaces. The Improvements within the District provide ' From the Engineer's Report, Update of Assessment District No. 38, Fiscal Year 2014-15, City of Diamond Bar, dated June 3, 2014 CITY OF DIAMOND BAR pw� LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT No. 38 SCIConsultingGroup ENGINEERS REPORT, FISCAL YEAR 201$-17 PAGE 16 additional outdoor areas that serve as an effective extension of the land area for proximate properties because the Improvements are uniquely proximate and accessible to property in close proximity to the Improvements. The Improvements, therefore, provide an important, valuable and desirable extension of usable land area for the direct advantage and special benefit of properties in the District because such properties have uniquely good and close proximity to the Improvements. GENERAL VERSUS SPECIAL BENEFIT Article XIIIC of the California Constitution requires any local agency proposing to increase or impose a benefit assessment to "separate the general benefits from the special benefits conferred on a parcel" The rationale for separating special and general benefits is to ensure that property owners subject to the benefit assessment are not paying for general benefits. An assessment can fund special benefits but cannot fund general benefits. Accordingly, a separate estimate of the special and general benefit is given in this section. In other words: Total _ General Special Benefit — Benefit + Benefit There is no widely -accepted or statutory formula for general benefit. General benefits are benefits from improvements or services that are not special in nature, are not "particular and distinct" and are not "over and above" benefits received by other properties. SVTA vs. SCCOSA provides some clarification by indicating that general benefits provide "an indirect, derivative advantage" and are not necessarily proximate to the improvements. In this Report, the general benefit is liberally estimated and described, and then budgeted so that it is funded by sources other than the Assessment. The starting point for evaluating general and special benefits is the current, baseline level of service. The Assessment will fund Improvements "over and above" this general, baseline level and the general benefits estimated in this section are over and above the baseline. A formula to estimate the general benefit is listed below: Benefit to Real Benefit to Real General Property Outside Property Inside the Benefit to Benefit — the Assessment + Assessment District + the Public District that is Indirect and at Large Derivative CITY OF DIAMOND BAR 1 - LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT No. 38 SC I Consuiti ngG roup ENGINEER'S REPORT. FISCAL YEAR 2016-17 PAGE 17 Special benefit, on the other hand, is defined in the state constitution as "a particular and distinct benefit over and above general benefits conferred on real property located in the district or to the public at large." The SVTA v. SCCOSA decision indicates that a special benefit is conferred to a property if it "receives a direct advantage from the improvement (e.g., proximity to a park)." In these Assessments, as noted, properties in the District have close and unique proximity, views and access to the Improvements and uniquely improved desirability from the Improvements and other properties and the public at large do not receive significant benefits because they do not have proximity, access or views of the Improvements. Therefore, the overwhelming proportion of the benefits conferred to property is special, and is only minimally received by property outside the Districts or the public at large. BENEFIT FINDING QUANTIFICATION OF GENERAL BENEFIT In this section, the general benefit from landscaping and other types of Improvements is liberally estimated and described, and then budgeted so that it is funded by sources other than the Assessment. BENEFIT TO PROPERTY OUTSIDE THE ASSESSMENT DISTRICTS Properties within the District receive almost all of the special benefits from the Improvements because properties in the District enjoy unique close proximity and access to the Improvements that is not enjoyed by other properties or the public at large. However, certain properties within the proximity/access radius of the Improvements, but outside of the boundaries of the District, may receive some benefit from the Improvements. Since this benefit is conferred to properties outside the District boundaries, it contributes to the overall general benefit calculation and will not be funded by the Assessments. The general benefit to property outside of the District is calculated with the parcel and data analysis performed by SCI Consulting Group. Since the properties outside the District but with frontage abutting the Improvements cannot be assessed by the District, this is a form of general benefit to other property. The primary way that parcels outside the district benefit by the Improvements is from views. Therefore, parcels that abut the landscape areas and are not separated from the Improvements by a privacy fence are counted for this general benefit. Since very few of the Improvements lie at the District boundary near occupied parcels, there are very few parcels in this category. The general benefit to property outside of the District is calculated as follows. ASSUMPTIONS: ■ 18 parcels outside the District ■ 17,935 parcels in the District CALCULATION: General Benefit to property outside the District = 18/(18+17,935) = 0.10% CITY OF DIAMOND BAR 1111110� LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT N0.38 SCIConsultingGroup ENGINEER'S REPORT,. FISCAL YEAR 2016.17 PAGE 18 BENEFIT TO PROPERTY INSIDETHE ASSESSMENT DISTRICTS THAT IS INDIRECT AND DERIVATIVE The "indirect and derivative" benefit to property within the District is particularly difficult to calculate. A solid argument can be presented that all benefit within the District is special, because the other Improvements are clearly "over and above" and "particular and distinct" when compared with the baseline level of service and the unique proximity, access and views of the other Improvements enjoyed by benefiting properties in the District. Nevertheless, the SVTA vs. SCCOSA decision indicates there may be general benefit "conferred on real property located in the district" A measure of the general benefits to property within the Assessment area is the percentage of land area within or directly abutting the District that is publicly owned and used for regional purposes such as major roads, rail lines and other regional facilities because such properties used for regional purposes could provide indirect benefits to the public at large. Approximately 4.43% of the land area in the District is used for such regional purposes, so this is a measure of the general benefits to property within the District. BENEFIT To THE PUBLIC AT LARGE The general benefit to the public at large can be estimated by the proportionate amount of time that the District's Improvements are used and enjoyed by individuals who are not residents, employees, customers or property owners in the District. It should be noted that these Improvements do not attract the public at large in the same way as park improvements — and they confer far less benefit to the public at large than do similar park improvements. In essence, the public does not visit an area to enjoy landscaping in the same way as they may visit a park. One way to measure the special benefit to the general public is by the vehicle trips through an area with Improvements by people who are not residents within the District. Of the four ways benefits are conferred (proximity, access, views, extension of a property's green space, and creation of lots), the only benefit that is conferred by way of pass -by vehicle trips is views, which accounts for 25% of the total benefits. This is further reduced to 10% due the brevity of the views and because views are less critically important and are enjoyed much less often to the average non-resident driver than to a resident. Specific data is not available for the number of vehicle trips by non-residents of the District past the Improvements, which lie mostly on arterial roadways, A conservative estimate of vehicle trips by non-residents is 50% of all vehicle trips. Therefore (50%p of 10% =) 5.00% of the benefits from the other Improvements are general benefits to the public at large. TOTAL GENERAL BENEFITS Using a sum of these three measures of general benefit, we find that approximately 9.53% of the benefits conferred by the Improvements may be general in nature and should be funded by sources other than the assessment. CITY OF DIAMOND BAR LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT No. 38 SCIConsultingGroup ENGINEER'S REPORT, FISCAL YEAR 2016-17 PAGE 19 LANDSCAPING GENERAL BENEFIT CALCULATION 0.10% (Outside the District) + 4.43% (Property within the District) + 5.00% (Public at Large) 9.53% (Total General Benefit) Although this analysis finds that 9.53% of the assessment may provide general benefits from the Improvements, the Assessment Engineer establishes a requirement for a minimum contribution from sources other than the assessments of 10%. This minimum contribution above the measure of general benefits will serve to provide additional coverage for any other general benefits. CURRENT GENERAL BENEFIT CONTRIBUTION FROM THE CITY This general benefit cannot be funded from the Assessments; it must be funded from other sources such as the City's General Fund or other non -District funds. These contributions can also be in the form of in -lieu contributions to the installation and maintenance of the Improvements such as other City assets that support and protect the Improvements. The City of Diamond Bar will contribute both monetary and in -lieu resources to ensure that the general benefits conferred by the proposed Improvements are not funded by the District's Assessments. A summary and quantification of these other contributions from the City is discussed below: The City of Diamond Bar owns, maintains, rehabilitates and replaces curb and gutter along the border of the District Improvements. This curb and gutter serves to support, contain, retain, manage irrigation flow and growth, and provide a boundary for the Improvements. The contribution from the City towards general benefit from the maintenance, rehabilitation, and replacement of the curb and gutter is conservatively estimated to be 5%. The City owns and maintains a storm drainage system along the border of the District Improvements. This system serves to prevent flooding and associated damage to the Improvements, and manage urban runoff including local pollutants loading from the Improvements. The contribution from the City towards general benefit from the maintenance, and operation of the local storm drainage system is conservatively estimated to be 5%. The City owns and maintains local public streets along the border of the District Improvements. These public streets provide access to the Improvements for its enjoyment as well as efficient maintenance. The contribution from the City towards general benefit from the maintenance of local public streets is conservatively estimated to be 5%. The value of the construction of the improvements can be quantified and monetized as an annuity. Since this construction was performed and paid for by non -assessment funds, this CRY of DIAMOND BAR LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT No. 38 SCIConsultingGroup ENGINEER'S REPORT, FISCAL YEAR 2016-17 PAGE 20 "annuity" can be used to offset general benefit costs, and is conservatively estimated to contribute 10%. The total General Benefit is liberally quantified at 10% which is entirely offset by the conservatively quantified total non -assessment contribution towards general benefit described above of 25%. Therefore, no additional General Benefit must be funded by the City. METHOD OF APPORTIONMENT The development of an Assessment methodology requires apportioning to determine the relative special benefit for each property. As the District was formed by a different engineer of record, the precise language from the most recent Engineer's Report is included below: The net amount to be assessed upon lands within the District in accordance with this report is apportioned by a formula and method which fairly distributes the amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each lot or parcel from the Improvements, namely the maintenance and servicing of public landscaping improvements within such District. The maintenance and servicing of public landscaping improvements installed and constructed in public places in the City of Diamond Bar provides a special benefit which is received by each and every lot or parcel within the District, tending to enhance their value. The primary benefits on landscaping are as set forth below. 1. Beautification of the streets which are used by all of the residents in Diamond Bar. 2. A sense of community pride resulting from well-maintained green spaces. 3. The enhancement of the value of property which results from the foregoing benefits. The existing land use information indicates that well over 90 percent of the parcels within the City of Diamond Bar are residences. Because the special benefits derived apply equally to all residents and parcels, it has been determined that all assessable parcels would receive the same net assessment 2 ANNUAL ASSESSMENT CALCULATION For fiscal year 2016-17 the amount of Assessments for the District is not increased from prior years. The estimated assessment per parcel is $15.00. 2 From the Engineer's Report, Update of Assessment District No. 38, Fiscal Year 2014-15, City of Diamond Bar, dated June 3, 2014 CITY OF DIAMOND BAR wp� LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT No. 38 SCIConsultingGroup ENGINEER'S REPORT, FISCAL YEAR 2016-17 PAGE 21 DURATION OF ASSESSMENT The District was formed or annexed in previous years. It is proposed that the Assessments be continued every year after their formation or annexation, so long as the public Improvements need to be maintained and improved, and the City requires funding from the Assessments for these Improvements in the District. As noted previously, the Assessment can continue to be levied annually after the City Council approves an annually updated Engineer's Report, budget for the Assessment, Improvements to be provided, and other specifics of the Assessment. In addition, the City Council must hold an annual public hearing to continue the Assessment. APPEALS OF ASSESSMENTS LEVIED TO PROPERTY Any property owner who feels that the Assessment levied on the subject property is in error as a result of incorrect information being used to apply the foregoing method of assessment may file a written appeal with the City of Diamond Bar City Manager or his or her designee. Any such appeal is limited to correction of an Assessment during the then -current Fiscal Year and applicable law. Upon the filing of any such appeal, the City Manager or his or her designee will promptly review the appeal and any information provided by the property owner. If the City Manager or his or her designee finds that the Assessment should be modified, the appropriate changes shall be made to the Assessment Roll. If any such changes are approved after the Assessment Roll has been filed with the County for collection, the City Manager or his or her designee is authorized to refund to the property owner the amount of any approved reduction. Any dispute over the decision of the City Manager or his or her designee shall be referred to the Diamond Bar City Council, and the decision of the City Council shall be final. ASSESSMENT FUNDS MUST BE EXPENDED WITHIN THE DISTRICT AREA The net available Assessment funds, after incidental, administrative, financing and other costs shall be expended exclusively for Improvements within the boundaries of the District or as described herein, and appropriate incidental and administrative costs as defined in the Plans and Specifications section. CITY OF DIAMOND BAR ww LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT No. 38 SCIConsultingGroup ENGINEER'S REPORT. FISCAL YEAR 2016-17 ASSESSMENT PAGE 22 WHEREAS, the City of Diamond Bar directed the undersigned engineer of Work to prepare and file a report presenting an estimate of costs, a Diagram for the District and an assessment of the estimated costs of the Improvements upon all assessable parcels within the District; Now, THEREFORE, the undersigned, by virtue of the power vested in me under the Act, Article XIIID of the California Constitution, and the order of the City of Diamond Bar City Council, hereby makes the following Assessment to cover the portion of the estimated cost of the Improvements, and the costs and expenses incidental thereto to be paid by the District. The amount to be paid for said Improvements and the expense incidental thereto, to be paid by the District for the Fiscal Year 2016-17 is generally as follows: TABLE 2— FY 2016.17 SUMMARY COST ESTIMATE Salaries & Benefits $ 35,966 Operating Expenses & Services 350,312 Capital Expenses O Total for Services $ 386,278 Less General Fund Contribution (117,253) Less Other Revenue 0 Net Amount to Assessments $ 269,025 As required by the Act, an Assessment Diagram of the District is hereto attached and incorporated herein by reference. The distinctive number of each parcel or lot of land in the District is its Assessor Parcel Number appearing on the Assessment Roll. I do hereby assess and apportion the net amount of the cost and expenses of the Improvements, including the costs and expenses incident thereto, upon the parcels and lots of land within the District, in accordance with the special benefits to be received by each parcel or lot, from the Improvements, and more particularly set forth in the Estimate of Cost and Method of Assessment in the Report. The Assessment is made upon the parcels or lots of land within the District in proportion to the special benefits to be received by the parcels or lots of land, from the Improvements. Each parcel or lot of land is described in the Assessment Roll by reference to its parcel number as shown on the Assessor's Maps of the County of Los Angeles for the Fiscal Year CRY OF DIAMOND BAR 1111111110� LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT No. 38 SCIConsultingGroup ENGINEER'S REPORT, FISCAL YEAR 2016-17 PAGE 23 2016-17. For a more particular description of the property, reference is hereby made to the deeds and maps on file and of record in the office of the County Recorder of the County. I hereby will place opposite the Assessor Parcel Number for each parcel or lot within the Assessment Roll, the amount of the assessment for the Fiscal Year 2016-17 for each parcel or lot of land within the District. Dated: April 26, 2016 Engineer of Work No. 4 By gyp. 9 3 16 Jerry Bradshaw, License No. C48845 CITY OF DIAMOND BAR LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT No. 38 SCIConsultingGroup ENGINEERS REPORT, FISCAL YEAR 2016-17 PAGE 24 ASSESSMENT DIAGRAM The District boundary is conterminous with the City Limits. The parcels to be assessed in Landscaping Assessment District No. 38 are shown on the Assessment Diagram, which is on file with the City Clerk of the City of Diamond Bar, and includes all those properties included in the original formation of the District and subsequent annexations. The following Assessment Diagram is for general location only and is not to be considered the official boundary map. The lines and dimensions of each lot or parcel within the District are those lines and dimensions as shown on the maps of the Assessor of the County of Los Angeles, for Fiscal Year 2016-17, and are incorporated herein by reference, and made a part of this Diagram and this Report. CITY OF DIAMOND BAR ww LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT No. 36 SCIConsultingGroup ENGINEER'S REPORT, FISCAL YEAR 2016-17 PAGE 26 ASSESSMENT ROLL An Assessment Roll (a listing of all parcels assessed within the District and the amount of the Assessment) will be filed with the City Clerk and is, by reference, made part of this Report and is available for public inspection during normal office hours at the City Hall at 21810 Copley Drive, 2nd floor, Diamond Bar, California 91765. Each lot or parcel listed on the Assessment Roll is shown and illustrated on the latest County Assessor records and these records are, by reference, made part of this Report. These records shall govern for all details concerning the description of the lots or parcels. CITY OF DIAMOND BAR pw LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT No. 36 SCIConsultingGroup ENGINEER'S REPORT, FISCAL YEAR 2016-17 CITY COUNCIL Agenda # 7. 1 (b) Meeting Date: June 21, 2016 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Man TITLE: RESOLUTION LEVYING AN AS ESSMENT ON CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 39 FOR THE FISCAL YEAR 2016-2017 RECOMMENDATION: Adopt. FINANCIAL SUMMARY: The District 39 levy rate of $236.00 per parcel will generate $295,236 in assessment revenue. The assessment rate remains the same as the rate applied at the date formation of the District prior to Diamond Bar's incorporation. There are sufficient funds collected to maintain and improve the District without utilizing the General Fund. The assessment revenues shall be deposited in Special Revenue Landscape Fund 139 and shall apply toward the 2016-17 operation and maintenance budget. The total annual budget of the District is $295,236. The itemized budget for District 39 is included in the attached Engineer's Report on Page 11. BACKGROUND/DISCUSSION: The landscaping improvements to be maintained by District 39 are the mini parks, slopes and open space areas within the District as reflected in the Assessment Diagram on page 26 of the Engineer's Report. This reflects a total maintenance area of 60.45 acres. The maintenance and servicing of public landscaping improvements installed and constructed in public places in the City provides a special benefit which is received by each and every lot or parcel within the District, tending to enhance their value. The estimated number of parcels within the District is 1,251 parcels. The amount assessed upon the lands within District Number 39 for Fiscal Year 2015-2016 was $236.00 per parcel. This proposed assessment has been determined to be exempt from the provisions of Proposition 218 as set forth in Section 5(b): Any assessment imposed pursuant to a petition signed by the persons owning all of the parcels subject to the assessments at the time the assessment is initially imposed. PREPARED BY: Marcy Hilario, Administrative Coordinator REVIEWED B Davi G. i , P. E. Director of Public Works/City Engineer Date Prepared: June 6, 2016 Attachments: Resolution No. 2016 -XX Engineer's Report dated April 2016 RESOLUTION NO. 2016 -XX A RESOLUTION LEVYING AN ASSESSMENT ON CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 39 FOR THE FISCAL YEAR 2016-17. A. RECITALS. (i) By its Resolution No. 2016-13, this Council approved a report of the Engineer of Work related to City of Diamond Bar Assessment District No. 39 ("District") prepared pursuant to Article XIII of the California Constitution, and the Landscape and Lighting Act of 1972 (the "Act'), Part 2 of Division 15 of the California Streets and Highways Code (commencing with Section 22500 thereof), which described the improvements thereon, and gave notice of and fixed the time and place of the hearing on the question of assessment thereon for fiscal year 2016-17. A diagram of the area encompassed by said assessment district is attached hereto as Exhibit "A-1." (ii) Said hearing was duly and properly noticed, commenced in the Auditorium located at the AQMD/Government Center, 21865 Copley Drive, Diamond Bar, California on June 21, 2016, and was concluded prior to the adoption of this Resolution. (iii) All legal prerequisites to the adoption of this Resolution have occurred. B. RESOLUTION. NOW, THEREFORE, the City Council of the City of Diamond Bar does hereby find, determine and order as follows: 1. The Recitals, as set forth in Part A of this Resolution, are in all respects true and correct. 2. This Council hereby expressly overrules any and all protests filed objecting to the proposed improvements specified herein or the assessment levied therefore. 1 3. Based upon its review of the report of the Engineer of Work referred to hereinabove, and other reports and information, the City Council hereby finds that (i) the land within the said District will be benefitted by the improvements specified in said report, (ii) said District includes all of the lands so benefitted, and (iii) the net amount to be assessed upon the lands within said District for the 2016-17 fiscal year, in accordance with said report, is apportioned by a formula and method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements 4. The improvements specified in the report hereinabove referred to which is on file with the City Clerk of the City of Diamond Bar are hereby ordered to be completed. 5. The assessment diagram contained in the report referred to hereinabove and the assessment of $236.00 for each assessable lot located within said District are hereby adopted and confirmed and said assessment hereby is levied for the 2016-17 fiscal year. 6. The assessment is in compliance with the provisions of the Act, and the City Council has complied with all laws pertaining to the levy of an annual assessment pursuant to the Act. The assessment is levied for the purpose of paying the costs and expenses of the improvements described in the report referred to hereinabove for fiscal year 2016-17. 7. The City of Diamond Bar City Council hereby certifies that the assessments to be placed on the 2016-17 property tax bills meet the requirements of Proposition 218 that added ARtciels XIIIC and XIIID to the California Constitution. 8. The assessments are levied without regard to property valuation. 9. The City Treasurer shall deposit all moneys representing assessments collected by the County to the credit of a special fund for use in City of Diamond Bar Assessment District No. 39. E 10. The City Clerk is hereby authorized and directed to file the diagram and assessment with the County Auditor, together with a certified copy of this Resolution upon its adoption. 11. A certified copy of the assessment and diagram shall be filed in the office of the City Clerk and open for public inspection. 12. The City Clerk shall certify to the adoption of this Resolution. ADOPTED AND APPROVED this day of 2016. Nancy A. Lyons, Mayor I, TOMMYE A. CRIBBINS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at the regular meeting of the City Council of the City of Diamond Bar held on the day of , 2016, by the following Roll Call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: Tommye A. Cribbins, City Clerk City of Diamond Bar 3 Exhibit A-1 ASSESSMENT DISTRIC' NO. 30- FOR THE tTY 2f DIAMONn BAR Y ePfANK Kiii `��'i iw�ti��nsw�-�raaM MTC M MY4 MW VTiW CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT No. 39 ENGINEER'S REPORT FISCAL YEAR 2016-17 APRIL 2016 PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972, GOVERNMENT CODE AND ARTICLE XIIID OF THE CALIFORNIA CONSTITUTION ENGINEER OF WORK: SCIConsultingGroup 4745 MANGELS BOULEVARD FAIRFIELD, CALIFORNIA 94534 PHONE 707.430.4300 Fax 707.430.4319 WWW.SCI-CG.COM (THIS PAGE INTENTIONALLY LEFT BLANK) PAGE CITY OF DIAMOND BAR CITY COUNCIL Nancy A. Lyons, Mayor Jimmy Lin, Mayor Pro Tem Carol Herrera, Councilmember Ruth M. Low, Councilmember Steve Tye, Councilmember CITY MANAGER James DeStefano PUBLIC WORKS DIRECTOR/ CITY ENGINEER David Liu COMMUNITY SERVICES DIRECTOR Bob Rose CITY ATTORNEY David DeBerry ENGINEER OF WORK SCI Consulting Group CITY OF DIAMOND BAR pm LANDSCAPING ASSESSMENT DISTRICT No. 39 SCIConeultingGroup ENGINEERS REPORT, FISCAL YEAR 2016-17 PAGE II (THIS PAGE INTENTIONALLY LEFT BLANK) CITY OF DIAMOND BAR pw� LANDSCAPING ASSESSMENT DISTRICT N0.39 SC IConsultingGroup ENGINEER'S REPORT, FISCAL YEAR 2016-17 PAGE III TABLE OF CONTENTS INTRODUCTION....................................................................................................................... 5 OVERVIEW...................................................................................................................... 5 ENGINEERS REPORT AND CONTINUATION OF ASSESSMENTS .............................................. 5 LEGISLATIVE ANALYSIS.................................................................................................... 6 PLANS & SPECIFICATIONS...................................................................................................... 9 FISCAL YEAR 2016.17 ESTIMATE OF COST AND BUDGET.......................................................11 BUDGET FOR FISCAL YEAR 2016-17............................................................................... 11 METHOD OF ASSESSMENT APPORTIONMENT..........................................................................13 METHOD OF APPORTIONMENT........................................................................................ 13 DISCUSSIONOF BENEFIT................................................................................................ 13 SPECIALBENEFIT .................... :..................................................................................... 14 GENERAL VERSUS SPECIAL BENEFIT.............................................................................. 16 BENEFIT FINDING........................................................................................................... 17 METHOD OF APPORTIONMENT........................................................................................ 20 ANNUAL ASSESSMENT CALCULATION.............................................................................. 21 DURATION OF ASSESSMENT........................................................................................... 21 APPEALS OF ASSESSMENTS LEVIED TO PROPERTY, .......................................................... 21 ASSESSMENT FUNDS MUST BE EXPENDED WITHIN THE DISTRICT AREA ............................. 22 ASSESSMENT...................................................................................................................... 23 ASSESSMENT DIAGRAM........................................................................................................25 ASSESSMENTROLL............................................................................................................. 27 CITY OF DIAMOND BAR wm� LANDSCAPING ASSESSMENT DISTRICT No. 39 SCIConsultingGroup ENGINEERS REPORT, FISCAL YEAR 2016-17 PAGE IV LIST OF TABLES TABLE 1 - FY 2016-17 ESTIMATE OF COSTS......................................................................... 11 TABLE 2 - FY 2016-17 SUMMARY COST ESTIMATE................................................................ 23 CITY OF DIAMOND BAR pm� LANDSCAPING ASSESSMENT DISTRICT N0.39 SC IConsultingG roup ENGINEER'S REPORT. FISCAL YEAR 2016-17 INTRODUCTION OVERVIEW The City of Diamond Bar (the "City") services and maintains mini -parks, slopes and open space areas and other improvements ("Improvements") in the Diamond Bar Hills area of the City. In order to fund the maintenance and operation ("Services") of these projects and improvements, Landscaping Assessment District No. 39 ("District") was formed in 1985 by the County of Los Angeles prior to the incorporation of the City of Diamond Bar. Upon incorporation in 1989, the City assumed jurisdiction over the District. This Engineer's Report ("Report") was prepared to establish the budget for the Improvements (as described below) that will be funded by the 2016-17 assessments and other revenue, and to determine the general and special benefits received from the Improvements by property within the District and the method of assessment apportionment to lots and parcels. This Report and the assessments have been made pursuant to the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code (the "Act") and Article XIIID of the California Constitution (the "Article"). ENGINEER'S REPORT AND CONTINUATION OF ASSESSMENTS The assessments have been continued for 30 years. In each subsequent year for which the assessments will be continued, the Diamond Bar City Council (the "Council") must direct the preparation of an Engineer's Report, budgets, and proposed assessments for the upcoming fiscal year. After the report is completed, the City Council may preliminarily approve the Engineer's Report and the continued assessments and establish the date for a public hearing on the continuation of the assessments. Accordingly, this Engineer's Report (the "Report") was prepared pursuant to the direction of the City Council. As required by the Act, this Report includes plans and specifications, a diagram or map of the District, the benefits received by property from the Improvements within the District, and the method of assessment apportionment to lots and parcels within the District. If the Council approves this Engineer's Report and the continuation of the Assessments by resolution, a notice of public hearing must be published in a local newspaper at least 10 days prior to the date of the public hearing. The resolution preliminarily approving the Engineer's Report and establishing the date for a public hearing is typically used for this notice. Following the minimum 10 -day time period after publishing the notice, a public hearing is held for the purpose of allowing public testimony about the proposed continuation of the Assessments. This hearing is currently scheduled for June 21, 2016. At this hearing, the Council will consider approval of a resolution confirming the continuation of the Assessments for fiscal year 2016-17. If so confirmed and approved, the Assessments would be submitted to the Los Angeles County Auditor/Controller for inclusion on the property tax rolls for fiscal year 2016-17. CITY OF DIAMOND BAR LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT No. 39 ENGINEER'S REPORT, FISCAL YEAR 2016.17 SC IConsultingGPOup PAGE 6 Beginning in 2015, SCI Consulting Group became the Assessment Engineer for the District. To maintain an accurate reference and legally defensible record of the District, pertinent language used in previous engineer's reports has been retained herein and is cited in italics as appropriate. LEGISLATIVE ANALYSIS PROPOSITION 218 The Right to Vote on Taxes Act was approved by the voters of California on November 6, 1996, and is now Article XIIIC and XIIID of the California Constitution. Proposition 218 provides for benefit assessments to be levied to fund the cost of providing services and improvements, as well as maintenance and operation expenses to a public improvement which benefits the assessed property. SILICON VALLEY TAXPAYERS ASSOCIATION, INC. V SANTA CLARA COUNTY OPEN SPACE AUTHORITY (2008) 44 CAL. 4T" 431 In July of 2008, the California Supreme Court issued its ruling on the Silicon Valley Taxpayers Association, Inc. v. Santa Clara County Open Space Authority ("SVTA"). This ruling is significant in that the Court clarified how Proposition 218 made changes to the determination of special benefit. The Court also found that: ■ Benefit assessments are for special, not general, benefit ■ The services and/or improvements funded by assessments must be clearly defined ■ Special benefits are directly received by and provide a direct advantage to property in the Improvement District ■ The assessment paid by property should be proportional to the special benefits it receives from the Improvements This Engineer's Report and the process used to establish the continuation of the assessments for fiscal year 2016-17 are consistent with the SVTA decision and with the requirements of Article XIIIC and XIIID of the California Constitution based on the following factors: The District is drawn to include the entire City; although only parcels deriving special benefits are included in the assessment rolls. Thus, zones of benefit are not required and the assessment revenue derived from real property in the District is expended only on the Improvements in the District. 2. The Improvements which are constructed and maintained with assessment proceeds in the District are located in close proximity to the real property subject to the assessment. The Improvements provide landscaping and other services to the residents of such assessed property. The proximity of the Improvements to the assessed parcels provides a special benefit to the parcel being assessed pursuant to the factors outlined by the Supreme Court in that decision. CITY OF DIAMOND BAR pm� LANDSCAPING ASSESSMENT DISTRICT N0.39 SCIConsultingGroup ENGINEER'S REPORT, FISCAL YEAR 2016-17 PAGE 7 3. Due to their proximity to the assessed parcels, the Improvements financed with assessment revenues in the District benefit the properties in that District in a manner different in kind from the benefit that other parcels of real property in the City derive from such Improvements, and the benefits conferred on such property in the District are more extensive than a general increase in property values. The assessments paid in the District are proportional to the special benefit that each parcel within that Assessment District receives from the Improvements because: a. The specific landscaping Improvements and maintenance and utility costs thereof in the District are specified in this Report; and b. Such Improvement and maintenance costs in the District are allocated among different types of property located within the District, and equally among those properties which have similar characteristics, such as single-family residential parcels, multi -family residential parcels, commercial parcels, industrial parcels, etc. DAHMS V. DOWNTOWN POMONA PROPERTY (2009) 174 CAL. APP. 4TH 708 In Dahms v. Downtown Pomona Property ("Dahms") the Court upheld an assessment that was 100% special benefit (i.e. 0% general benefit) on the rationale that the services and improvements funded by the assessments were directly provided to property in the assessment district. The Court also upheld discounts and exemptions from the assessment for certain properties. BONANDER V. TOWN OF TIBURON (2009) 180 CAL. APP. 4TH 103 Bonander v. Town of Tiburon ("Bonander'), the 1 st District Court of Appeal overturned a benefit assessment approved by property owners to pay for placing overhead utility lines underground in an area of the Town of Tiburon. The Court invalidated the assessments primarily on the grounds that the assessments had been apportioned to assessed property based on the costs within sub -areas of the assessment district instead of the overall cost of the improvements and the overall proportional special benefits. BEUTz V. COUNTY OF RIVERSIDE (2010) 184 CAL. APP. 4TH 1516 Steven Beutz v. County of Riverside ("Beutt) the Court overturned an assessment for park maintenance in Wildomar, California, primarily because the general benefits associated with improvements and services were not explicitly calculated, quantified and separated from the special benefits. GOLDEN HILL NEIGHBORHOOD ASSOCIATION V. CITY OF SAN DIEGO (2011) 199 CAL. APP. 4T" 416 On September 22, 2011, the San Diego Court of Appeal issued a decision on the Golden Hill Neighborhood Association v. City of San Diego appeal. This decision overturned an assessment for street and landscaping maintenance in the Greater Golden Hill neighborhood of San Diego, California. The court described two primary reasons for its decision. First, like in Beutz, the court found the general benefits associated with services CITY OF DUIMOND BAR ww LANDSCAPING ASSESSMENT DISTRICT No. 39 SCIConsultingGroup ENGINEER'S REPORT. FISCAL YEAR 2016-17 PAGE were not explicitly calculated, quantified and separated from the special benefits. Second, the court found that the City had failed to record the basis for the assessment on its own parcels. COMPLIANCE WITH CURRENT LAW This Engineer's Report is consistent with the SVTA decision and with the requirements of Article XIIIC and XIIID of the California Constitution because the Improvements to be funded are clearly defined; the benefiting property in the District enjoys close and unique proximity, access and views to the Improvements; the Improvements serve as an extension of usable land area for benefiting properties in the District and such special benefits provide a direct advantage to property in the District that is not enjoyed by the public at large or other property. This Engineer's Report is consistent with Beufz, Dahms and Greater Golden Hill because the Improvements will directly benefit property in the District and the general benefits have been explicitly calculated and quantified and excluded from the Assessments. The Engineer's Report is consistent with Bonander because the Assessments have been apportioned based on the overall cost of the Improvements and Services proportional special benefit to each property, rather than the proportional cost to the District to provide the Improvements to specific properties. CITY OF DIAMOND BAR ww LANDSCAPING ASSESSMENT DISTRICT No. 39 SCIConsultingGroup ENGINEER'S REPORT, FISCAL YEAR 2016-17 PAGE 9 PLANS & SPECIFICATIONS The City maintains landscaping and other improvements in locations within the District's boundaries. The work and improvements to be undertaken by Landscaping Assessment District No. 39, ("District"), and the cost thereof paid from the levy of the annual Assessment provide special benefit to Assessor Parcels within the District as defined in the Method of Assessment herein. In addition to the definitions provided by the Landscaping and Lighting Act of 1972 (the "Act"), the work and improvements are generally described as mini -parks, slopes and open space areas within the District. The Assessment Diagram shows the location and extent of the Improvements to be installed, maintained or serviced by the proceeds from this Assessment District. Installation, maintenance and servicing of Improvements, may include, but are not limited to, turf and play areas, landscaping, ground cover, shrubs and trees, irrigation systems, sidewalks, parking lots, lighting, fencing, entry monuments, basketball courts, tennis courts, other recreational facilities, security patrols to protect the Improvements, graffiti removal and repainting, and labor, materials, supplies, utilities and equipment, as applicable, at each of the locations owned, operated or maintained by the District. As applied herein, "Installation" means the construction of Improvements, including, but not limited to, land preparation (such as grading, leveling, cutting and filling), sod, landscaping, irrigation systems, walkways and drainage, lights, playground equipment, play courts, playing fields, recreational facilities and public restrooms. "Maintenance" means the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of any improvement, including repair, removal or replacement of all or any part of any improvement; providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury; the removal of trimmings, rubbish, debris, and other solid waste, and the cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti. "Servicing" means the furnishing of electric current, or energy, gas or other illuminating agent for any public lighting facilities or for the lighting or operation of any other improvements; or water for the irrigation of any landscaping, the operation of any fountains, or the maintenance of any other improvements. Incidental expenses include all of the following: (a) The costs of preparation of the report, including plans, specifications, estimates, diagram, and assessment; (b) the costs of printing, advertising, and the giving of published, posted, and mailed notices; (c) compensation payable to the County for collection of assessments; (d) compensation of any engineer or attorney employed to render services in proceedings pursuant to this part; (e) any other expenses incidental to the construction, installation, or maintenance and servicing of the Improvements; (f) any expenses incidental to the issuance of bonds or notes pursuant CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT No. 39 SCIConsuitingGroup ENGINEER'S REPORT. FISCAL YEAR 2016-17 PAGE 10 to Streets & Highways Code Section 22662.5; and (g) costs associated with any elections held for the approval of a new or increased assessment (Streets & Highways Code §22526). Modifications to the District structure could include, but are not limited to, substantial changes or expansion of the Improvements provided, substantial changes in the service provided, modifications or restructuring of the District including annexation or detachment of specific parcels, revisions in the method of apportionment, or proposed new or increased assessments. The assessment proceeds will be exclusively used for Improvements within the District plus incidental expenses. CITY OF DIAMOND BAR 111110� LANDSCAPING ASSESSMENT DISTRICT No. 39 SCIConsultingGroup ENGINEER'S REPORT, FISCAL YEAR 2016-17 PAGE 11 FISCAL YEAR 2016.17 ESTIMATE OF COST AND BUDGET BUDGET FOR FISCAL YEAR 2016.17 The 1972 Act provides that the total costs for providing the maintenance and servicing of the District Improvements and facilities can be recovered in the assessment spread including incidental expenses. The latter can include engineering fees, legal fees, printing, mailing, postage, publishing and all other costs identified with the District proceedings. An estimate of District costs for fiscal year 2016-17 for the maintenance and servicing of the Improvements is provided below. TABLE 1— FY 2016.17 ESTIMATE OF COSTS Expenditure Item Salaries & Benefits Operating Expenses Advertising Utilities Maintenance of Grounds/Buildings Professional Services Contract Services Landscape Maintenance Tree Maintenance Weed/Pest Abatement Capital Improvements Reserve for Future Capital Improvements Estimated Expenditures Revenue Item Direct Benefit Assessments FY 2016/17 General Fund Contribution Estimated Revenues Budget Allocation to Parcels Total Assessment Budget°', Total Assessable Parcels Assessment per Parcel Amount $ 20,643 5,000 72,300 24,100 5,500 139,332 5,315 17,000 6,046 0 $ 295,236 Amount $ 295,236 0 $ 295,236 Amount $ 295,236 1,251 $ 236.00 CITY OF DIAMOND BAR wp LANDSCAPING ASSESSMENT DISTRICT N0.39 SCIConsultingGroup ENGINEERS REPORT, FISCAL YEAR 2016-17 PAGE 12 Notes to Estimate of Costs: A. The Act requires that proceeds from the assessments must be deposited into a special fund that has been set up for the revenues and expenditures of the District. Moreover, funds raised by the assessment shall be used only for the purposes stated within this Report. Any balance remaining at the end of the Fiscal Year, June 30, must be carried over to the next Fiscal Year. The District may also establish a reserve fund for contingencies and special projects as well as a capital improvement fund for accumulating funds for larger capital improvement projects or capital renovation needs. Any remaining balance would either be placed in the reserve fund, the capital improvement fund, or would be used to reduce future years' assessments. CITY OF DIAMOND BAR 111110� LANDSCAPING ASSESSMENT DISTRICT No. 39 SCIConsu ItingG roup ENGINEER'S REPORT, FISCAL. YEAR 2016-17 PAGE 13 METHOD OF ASSESSMENT APPORTIONMENT METHOD OF APPORTIONMENT This section of the Engineer's Report explains the benefits to be derived from the Improvements and the methodology used to apportion the total assessment to properties within the District. The District consists of certain assessor parcels within the boundaries as defined by the Assessment Diagram referenced in this report and the parcels identified by the Assessor Parcel Numbers listed with the levy roll. The parcel list includes all privately and publically owned parcels as shown. The method used for apportioning the Assessment is based upon the relative special benefits to be derived by the properties in the District over and above general benefits conferred on real property or to the public at large. The Assessment is apportioned to lots and parcels in proportion to the relative special benefit from the Improvements. The apportionment of special benefit is a two-step process: the first step is to identify the types of special benefit arising from the Improvements and the second step is to allocate the Assessments to property based on the estimated relative special benefit for each type of property. DISCUSSION OF BENEFIT In summary, the Assessments can only be levied based on the special benefit to property. This benefit is received by property over and above any general benefits. With reference to the requirements for assessments, Section 22573 of the Landscaping and Lighting Act of 1972 states: "The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements." Proposition 218, as codified in Article XIIID of the California Constitution, has confirmed that assessments must be based on the special benefit to property and that the value of the special benefits must exceed the cost of the assessment: "No assessment shall be imposed on any parcel which exceeds the reasonable cost of the proportional special benefit conferred on that parcel," The following benefit categories summarize the types of special benefit to residential, commercial, industrial and other lots and parcels resulting from the Improvements to be provided with the assessment proceeds. These types of special benefit are summarized as follows: CITY OF DIAMOND BAR ww LANDSCAPING ASSESSMENT DISTRICT No. 39 SCIConsultingGroup ENGINEER'S REPORT, FISCAL YEAR 2016-17 PAGE 14 A. Proximity to Improved Landscaped Areas and Other Public Improvements within the District. B. Access to Improved landscaped areas and Other Public Improvements within the District. C. Improved Views within the District. D. Extension of a property's outdoor areas and green spaces for properties within close proximity to the Improvements. E. Safety and Security within the District F. Creation of individual lots for residential and commercial use that, in absence of the Assessments, would not have been created. In this case, the recent SVTA v. SCCOSA decision provides enhanced clarity to the definitions of special benefits to properties from similar improvements in three distinct areas: Proximity Expanded or improved access Views The SVTA v. SCCOSA decision also clarifies that a special benefit is a service or improvement that provides a direct advantage to a parcel and that indirect or derivative advantages resulting from the overall public benefits from a service or improvement are general benefits. The SVTA v. SCCOSA decision also provides specific guidance that park improvements are a direct advantage and special benefit to property that is proximate to a park that is improved by an assessment: The characterization of a benefit may depend on whether the parcel receives a direct advantage from the improvement (e.g. proximity to a park) or receives an indirect, derivative advantage resulting from the overall public benefits of the improvement (e.g. general enhancement of the district's property values). Proximity, improved access and views, in addition to the other special benefits listed herein further strengthen the basis of these assessments. Moreover, the Dahms decision further clarified that certain services and improvements funded by assessments, that are over and above what otherwise would be provided and that other property in general and the public do not share or receive are 100% special benefit. The assessment -funded services upheld by Dahms included streetscape maintenance and security services. SPECIAL BENEFIT The District was formed by a different engineer of record. From the original Engineer's Report, the primary special benefits on landscaping are as set forth below: CITY OF DIAMOND BAR on �---o LANDSCAPING ASSESSMENT DISTRICT No. 39 SC I ConsultingG roup ENGINEERS REPORT, FISCAL YEAR 2016-17 PACE 15 1. Beautification of the streets which are used by all of the residents in Diamond Bar. 2. A sense of community pride resulting from well-maintained green spaces. 3. The enhancement of the value of property which results from the foregoing benefits. 4. The enhancement of the value of property which results from the foregoing benefits.' In addition, SCI assessment engineers have identified the following special benefits: PROXIMITY TO IMPROVED LANDSCAPED AREAS WITHIN THE DISTRICT Only the specific properties within close proximity to the Improvements are included in the District. The District has been narrowly drawn to include the properties that receive special benefits from the Improvements. Therefore, property in the District enjoys unique and valuable proximity and access to the Improvements that the public at large and property outside the District do not share, In absence of the Assessments, the Improvements would not be provided and the public improvements funded in the District would be degraded due to insufficient funding for maintenance, upkeep and repair. Therefore, the Assessments provide Improvements that are over and above what otherwise would be provided. Improvements that are over and above what otherwise would be provided do not by themselves translate into special benefits but when combined with the unique proximity and access enjoyed by parcels in the District, they provide a direct advantage and special benefit to property in the District. ACCESS TO IMPROVED LANDSCAPED AREAS WITHIN THE DISTRICT Since the parcels in the District are nearly the only parcels that enjoy close access to the Improvements, they directly benefit from the unique close access to improved landscaping areas and other public improvements that are provided by the Assessments. This is a direct advantage and special benefit to property in the District. IMPROVED VIEWS WITHIN THE ASSESSMENT DISTRICT The City, by maintaining permanent public improvements funded by the Assessments in the District, provides improved views to properties in the District. The properties in the District enjoy close and unique proximity, access and views of the specific Improvements funded in the District; therefore, the improved and protected views provided by the Assessments are another direct and tangible advantage that is uniquely conferred upon property in the District. 1 From the Engineer's Report, Update of Assessment District No. 39, Fiscal Year 2014-15, City of Diamond Bar, dated June 3, 2014 CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT No. 39 SCIConsultingGroup ENGINEER'S REPORT. FISCAL YEAR 2016-17 PAGE 16 EXTENSION OF A PROPERTY'S OUTDOOR AREAS AND GREEN SPACES FOR PROPERTIES WITHIN CLOSE PROXIMITY TO THE IMPROVEMENTS In large part because it is cost prohibitive to provide large open land areas on property in the District, the residential, commercial and other benefiting properties in the District do not have large outdoor areas and green spaces. The Improvements within the District provide additional outdoor areas that serve as an effective extension of the land area for proximate properties because the Improvements are uniquely proximate and accessible to property in close proximity to the Improvements. The Improvements, therefore, provide an important, valuable and desirable extension of usable land area for the direct advantage and special benefit of properties in the District because such properties have uniquely good and close proximity to the Improvements. SAFETY AND SECURITY WITHIN THE ASSESSMENT DISTRICT The City, through proper installation, maintenance and servicing of permanent public improvements funded by the Assessments in the District, provides increased security and safety by preventing crime and suppressing fire. For parks and recreation Improvements, proper lighting and well -kept landscapes help to deter crime and vandalism. Other landscaped area activities such as slope maintenance and brush clearing provide critical fire suppression. CREATION OF INDIVIDUAL LOTS FOR RESIDENTIAL AND COMMERCIAL USE THAT, IN ABSENCE OF THE ASSESSMENTS, WOULD NOT HAVE BEEN CREATED In most of the District, the original owner/developer(s) of the property within the District agreed unanimously to the Assessments. The Assessments provide the necessary funding for public improvements that were required as a condition of development and subdivision approval. Therefore, such Assessments allowed the original property to be subdivided and for development of the parcels to occur. As parcels were sold, new owners were informed of the Assessments through the title reports, and in some cases, through Department of Real Estate "White Paper" reports that the parcels were subject to assessment. Purchase of property was also an "agreement" to pay the Assessment. Therefore, in absence of the Assessments, the lots within most of the District would not have been created. These parcels, and the improvements that were constructed on the parcels, receive direct advantage and special benefit from the Assessments. GENERAL VERSUS SPECIAL BENEFIT Article XIIIC of the California Constitution requires any local agency proposing to increase or impose a benefit assessment to "separate the general benefits from the special benefits conferred on a parcel." The rationale for separating special and general benefits is to ensure that property owners subject to the benefit assessment are not paying for general benefits. An assessment can fund special benefits but cannot fund general benefits. Accordingly, a separate estimate of the special and general benefit is given in this section. In other words: CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT No. 39 SCIConsultingGroup ENGINEERS REPORT, FISCAL YEAR 2016-17 PAGE 17 Total General Special Benefit _ — Benefit + Benefit There is no widely -accepted or statutory formula for general benefit. General benefits are benefits from improvements or services that are not special in nature, are not "particular and distinct' and are not "over and above" benefits received by other properties. SVTA vs. SCCOSA provides some clarification by indicating that general benefits provide "an indirect, derivative advantage" and are not necessarily proximate to the improvements. In this Report, the general benefit is liberally estimated and described, and then budgeted so that it is funded by sources other than the Assessment. The starting point for evaluating general and special benefits is the current, baseline level of service. The Assessment will fund Improvements "over and above" this general, baseline level and the general benefits estimated in this section are over and above the baseline. A formula to estimate the general benefit is listed below: Benefit to Real Benefit to Real General Property Outside Property Inside the Benefitto Benefit — the Assessment + Assessment District + the Public District that is Indirect and at Large Derivative Special benefit, on the other hand, is defined in the state constitution as "a particular and distinct benefit over and above general benefits conferred on real property located in the district or to the public at large" The SVTA v. SCCOSA decision indicates that a special benefit is conferred to a property if it "receives a direct advantage from the improvement (e.g., proximity to a park)." In these Assessments, as noted, properties in the District have close and unique proximity, views and access to the Improvements and uniquely improved desirability from the Improvements and other properties and the public at large do not receive significant benefits because they do not have proximity, access or views of the Improvements. Therefore, the overwhelming proportion of the benefits conferred to property is special, and is only minimally received by property outside the Districts or the public at large. BENEFIT FINDING QUANTIFICATION OF GENERAL BENEFIT In this section, the general benefit from landscaping and other types of Improvements is liberally estimated and described, and then budgeted so that it is funded by sources other than the Assessment. CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT N0.39 SCIConsultingGroup ENGINEERS REPORT, FISCAL YEAR 2016-17 PAGE 18 BENEFIT TO PROPERTY OUTSIDE THE ASSESSMENT DISTRICTS Properties within the District receive almost all of the special benefits from the Improvements because properties in the District enjoy unique close proximity and access to the Improvements that is not enjoyed by other properties or the public at large. However, certain properties within the proximity/access radius of the Improvements, but outside of the boundaries of the District, may receive some benefit from the Improvements. Since this benefit is conferred to properties outside the District boundaries, it contributes to the overall general benefit calculation and will not be funded by the Assessments. The general benefit to property outside of the District is calculated with the parcel and data analysis performed by SCI Consulting Group. Since certain properties outside the District enjoy close proximity and access to the Improvements cannot be assessed by the District, this is a form of general benefit to other property. There are eight parcels outside the District that lie within a half mile travel distance of one of mini -parks within the District. In addition, there are 79 parcels outside the District that are directly adjacent to areas where brush clearing activity is performed by the District. The benefits conferred to these properties do not include the Lot Creation benefit factor, therefore the benefit is reduced by half. The general benefit to property outside of the District is calculated as follows. ASSUMPTIONS: ■ 87 parcels outside the District ■ 1,251 parcels in the District ■ 50% Benefit Factor CALCULATION: General Benefit to property outside the District = 87/(87+1,251) x 50% = 3.25% BENEFIT TO PROPERTY INSIDET HE ASSESSMENT DISTRICTS THAT IS INDIRECT AND DERIVATIVE The "indirect and derivative" benefit to property within the District is particularly difficult to calculate. A solid argument can be presented that all benefit within the District is special, because the other Improvements are clearly 'over and above" and "particular and distinct" when compared with the baseline level of service and the unique proximity, access and views of the other Improvements enjoyed by benefiting properties in the District. Nevertheless, the SVTA vs. SCCOSA decision indicates there may be general benefit 'conferred on real property located in the district' A measure of the general benefits to property within the Assessment area is the percentage of land area within or directly abutting the District that is publicly owned and used for regional purposes such as regional parks, major roads, rail lines and other regional facilities because such properties used for regional purposes could provide indirect benefits to the public at large. Approximately 1.51% of the land area in the District is used for such regional purposes, so this is a measure of the general benefits to property within the District. CITY of DIAMOND BAR 11111110� LANDSCAPING ASSESSMENT DISTRICT No. 39 SC IConsultingG roup ENGINEER'S REPORT, FISCAL YEAR 2016-17 PAGE 19 BENEFIT TO THE PUBLIC AT LARGE The general benefit to the public at large can be estimated by the proportionate amount of time that the District's Improvements are used and enjoyed by individuals who are not residents, employees, customers or property owners in the District. There are two ways in which the public at large can enjoy the improvements, with each counting for half of the general benefit: use of parks, and pass -by trips where landscaped areas can be viewed. In the case of the mini -parks that serve primarily the neighborhood, City staff estimate that approximately 10% of the users do not live, work or own property in the District. The general landscape improvements are typically along slopes and open space areas, out of view of the general public; no general benefit is conferred for views of landscaping. Finally, the general benefits conferred to the public at large does not include the benefit of lot creation, so this benefit is further reduced by half. Therefore we find that ((50% of 10%) x 50% _) 2.500% of the benefits from the Improvements are general benefits to the public at large. TOTAL GENERAL BENEFITS Using a sum of these three measures of general benefit, we find that approximately 7.26% of the benefits conferred by the Improvements may be general in nature and should be funded by sources other than the assessment. LANDSCAPING GENERAL BENEFIT CALCULATION 3.25% (Outside the District) + 1.51% (Property within the District) + 2.50% (Public at Large) = 7.26% (Total General Benefit) Although this analysis finds that 7.26% of the assessment may provide general benefits from the Improvements, the Assessment Engineer establishes a requirement for a minimum contribution from sources other than the assessments of 8%. This minimum contribution above the measure of general benefits will serve to provide additional coverage for any other general benefits. CURRENT GENERAL BENEFIT CONTRIBUTION FROM THE CITY This general benefit cannot be funded from the Assessments; it must be funded from other sources such as the City's General Fund or other non -District funds. These contributions can also be in the form of in -lieu contributions to the installation and maintenance of the Improvements such as other City assets that support and protect the Improvements. The City of Diamond Bar will contribute both monetary and in -lieu resources to ensure that the general benefits conferred by the proposed Improvements are not funded by the District's Assessments. A summary and quantification of these other contributions from the City is discussed below: CITY OF DIAMOND BAR 111111W� LANDSCAPING ASSESSMENT DISTRICT No. 39 SCIConsultingGroup ENGINEER'S REPORT, FISCAL YEAR 2016-17 PAGE 20 The City of Diamond Bar owns, maintains, rehabilitates and replaces curb and gutter along the border of the District Improvements. This curb and gutter serves to support, contain, retain, manage irrigation flow and growth, and provide a boundary for the Improvements. The contribution from the City towards general benefit from the maintenance, rehabilitation, and replacement of the curb and gutter is conservatively estimated to be 5%. The City owns and maintains a storm drainage system along the border of the District Improvements. This system serves to prevent flooding and associated damage to the Improvements, and manage urban runoff including local pollutants loading from the Improvements. The contribution from the City towards general benefit from the maintenance, and operation of the local storm drainage system is conservatively estimated to be 5%. The City owns and maintains local public streets along the border of the District Improvements. These public streets provide access to the Improvements for its enjoyment as well as efficient maintenance. The contribution from the City towards general benefit from the maintenance of local public streets is conservatively estimated to be 5%. The value of the construction of the improvements can be quantified and monetized as an annuity. Since this construction was performed and paid for by non -assessment funds, this ..annuity" can be used to offset general benefit costs, and is conservatively estimated to contribute 10%. The total General Benefit is liberally quantified at 8% which is entirely offset by the conservatively quantified total non -assessment contribution towards general benefit described above of 25%. Therefore, no additional General Benefit must be funded by the City. METHOD OF APPORTIONMENT The development of an Assessment methodology requires apportioning to determine the relative special benefit for each property. As the District was formed by a different engineer of record, the precise language from the most recent Engineer's Report is included below: The net amount to be assessed upon lands within the District in accordance with this report is apportioned by a formula and method which fairly distributes the amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each lot or parcel from the Improvements,' namely the maintenance and servicing of public landscaping improvements within such District. The maintenance and servicing of public landscaping improvements installed and constructed in public places in the City of Diamond Bar provides a special benefit which is received by each and every lot or parcel within the District, tending to enhance their value. The primary benefits on landscaping are as set forth below: CITY OF DIAMOND BAR 111110� LANDSCAPING ASSESSMENT DISTRICT No. 39 SCIConsultingGroup ENGINEERS REPORT, FISCAL YEAR 2016-17 PAGE 21 1. Beautification of the streets which are used by all of the residents in Diamond Bar. 2. Public parks which can be utilized and enjoyed by all residents within the District. 3. A sense of community pride resulting from well-maintained green spaces. 4. The enhancement of the value of property which results from the foregoing benefits. The existing land use information indicates that all of the parcels within the District are residences. Because the special benefits derived apply equally to all residents and parcels, it has been determined that all assessable parcels would receive the same net assessment.2 ANNUAL ASSESSMENT CALCULATION For fiscal year 2016-17 the amount of Assessments for the District is not increased from the prior year. The estimated assessment per parcel is $236.00. DURATION OF ASSESSMENT The District was formed or annexed in previous years. It is proposed that the Assessments be continued every year after their formation or annexation, so long as the public Improvements need to be maintained and improved, and the City requires funding from the Assessments for these Improvements in the District. As noted previously, the Assessment can continue to be levied annually after the City Council approves an annually updated Engineer's Report, budget for the Assessment, Improvements to be provided, and other specifics of the Assessment. In addition, the City Council must hold an annual public hearing to continue the Assessment. APPEALS OF ASSESSMENTS LEVIED TO PROPERTY Any property owner who feels that the Assessment levied on the subject property is in error as a result of incorrect information being used to apply the foregoing method of assessment may file a written appeal with the City of Diamond Bar City Manager or his or her designee. Any such appeal is limited to correction of an Assessment during the then -current Fiscal Year and applicable law. Upon the filing of any such appeal, the City Manager or his or her designee will promptly review the appeal and any information provided by the property owner. If the City Manager or his or her designee finds that the Assessment should be modified, the appropriate changes shall be made to the Assessment Roll. If any such changes are approved after the Assessment Roll has been filed with the County for collection, the City Manager or his or her designee is authorized to refund to the property owner the amount of any approved reduction. Any dispute over the decision of the City Manager or his or her designee shall be referred to the Diamond Bar City Council, and the decision of the City Council shall be final. 2 From the Engineer's Report, Update of Assessment District No, 39, Fiscal Year 2014-15, City of Diamond Bar, dated June 3, 2014 CITY OF DIAMOND BAR ww LANDSCAPING ASSESSMENT DISTRICT No. 39 SCIConsultingG roup ENGINEER'S REPORT, FISCAL YEAR 2016-17 PAGE 22 ASSESSMENT FUNDS MUST BE EXPENDED WITHIN THE DISTRICT AREA The net available Assessment funds, after incidental, administrative, financing and other costs shall be expended exclusively for Improvements within the boundaries of the District or as described herein, and appropriate incidental and administrative costs as defined in the Plans and Specifications section. CITY OF DIAMOND BAR pw� LANDSCAPING ASSESSMENT DISTRICT No. 39 SCIConsultingG roup ENGINEER'S REPORT. FISCAL YEAR 2016-17 ASSESSMENT PAGE 23 WHEREAS, the City of Diamond Bar directed the undersigned engineer of Work to prepare and file a report presenting an estimate of costs, a Diagram for the District and an assessment of the estimated costs of the Improvements upon all assessable parcels within the District; Now, THEREFORE, the undersigned, by virtue of the power vested in me under the Act, Article XIIID of the California Constitution, and the order of the City of Diamond Bar City Council, hereby makes the following Assessment to cover the portion of the estimated cost of the Improvements, and the costs and expenses incidental thereto to be paid by the District. The amount to be paid for said Improvements and the expense incidental thereto, to be paid by the District for the Fiscal Year 2016-17 is generally as follows: TABLE 2 — FY 2016-17 SUMMARY COST ESTIMATE Salaries & Benefits Operating Expenses & Services Capital Expenses Total for Services Less General Fund Contribution Less Other Revenue Net Amount to Assessments 20,643 268,547 6,046 $ 295,236 $ 295,236 As required by the Act, an Assessment Diagram of the District is hereto attached and incorporated herein by reference. The distinctive number of each parcel or lot of land in the District is its Assessor Parcel Number appearing on the Assessment Roll. I do hereby assess and apportion the net amount of the cost and expenses of the Improvements, including the costs and expenses incident thereto, upon the parcels and lots of land within the District, in accordance with the special benefits to be received by each parcel or lot, from the Improvements, and more particularly set forth in the Estimate of Cost and Method of Assessment in the Report. The Assessment is made upon the parcels or lots of land within the District in proportion to the special benefits to be received by the parcels or lots of land, from the Improvements. Each parcel or lot of land is described in the Assessment Roll by reference to its parcel number as shown on the Assessor's Maps of the County of Los Angeles for the Fiscal Year CITY OF DIAMOND BAR - LANDSCAPING ASSESSMENT DISTRICT N0.39 SCIConsultingGroup ENGINEERS REPORT, FISCAL YEAR 2016-17 PAGE 24 2016-17. For a more particular description of the property, reference is hereby made to the deeds and maps on file and of record in the office of the County Recorder of the County. I hereby will place opposite the Assessor Parcel Number for each parcel or lot within the Assessment Roll, the amount of the assessment for the Fiscal Year 2016-17 for each parcel or lot of land within the District. Dated: April 26, 2016 %QpOFEEngineer of Work No. 4 By 4 Jerry Bradshaw, License No. C48845 CITY OF DIAMOND BAR ww LANDSCAPING ASSESSMENT DISTRICT No. 39 SCI ConsultingGroup ENGINEER'S REPORT, FISCAL YEAR 2016-17 PAGE 25 ASSESSMENT DIAGRAM The District boundary and the parcels to be assessed in Landscaping Assessment District No. 39 are shown on the Assessment Diagram, which is on file with the City Clerk of the City of Diamond Bar, and includes all those properties included in the original formation of the District and subsequent annexations. The following Assessment Diagram is for general location only and is not to be considered the official boundary map. The lines and dimensions of each lot or parcel within the District are those lines and dimensions as shown on the maps of the Assessor of the County of Los Angeles, for Fiscal Year 2016-17, and are incorporated herein by reference, and made a part of this Diagram and this Report. CITY OF DIAMOND BAR _ ww LANDSCAPING ASSESSMENT DISTRICT No. 39 SCIConsultingGroup ENGINEER'S REPORT, FISCAL YEAR 2016-17 .r ♦j ; `�1 i, ; `� � ri• I, �f'��' fri. �vds.� _ vT l(��I �• w � tet. �i •+ � �7riJ .. � r r 'CJ -i, s 7 310A �r ��.•�, fah far}. �. � ( ���eeeer ,. ,e...-. PAGE 27 ASSESSMENT ROLL An Assessment Roll (a listing of all parcels assessed within the District and the amount of the Assessment) will be filed with the City Clerk and is, by reference, made part of this Report and is available for public inspection during normal office hours at the City Hall at 21810 Copley Drive, 2nd floor, Diamond Bar, California 91765. Each lot or parcel listed on the Assessment Roll is shown and illustrated on the latest County Assessor records and these records are, by reference, made part of this Report. These records shall govern for all details concerning the description of the lots or parcels. CRY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT N0. 39 mo ENGINEERS REPORT, FISCALYEAR 2016.17 SCIConsultingGroup CITY COUNCIL Agenda 7.1(c) Meeting Date: Jame 21, 2016 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Man TITLE: RESOLUTION LEVYING AN ASS SSMENT ON CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 41 FOR THE FISCAL YEAR 2016-2017 RECOMMENDATION: Adopt. FINANCIAL SUMMARY: The District 41 levy rate of $220.50 per parcel will generate $122,157 in assessment revenue. The assessment rate remains the same as the rate applied at the date of Diamond Bar's incorporation. There are not sufficient funds collected to maintain and improve the District without utilizing the General Fund. For FY 2016-17, $82,013 of the General Fund will pay for the operation and maintenance costs in District 41. The assessment revenues shall be deposited in Special Revenue Landscape Fund 141 and shall apply toward the 2016-17 operation and maintenance budget. The total annual budget of the District is $209,170. The itemized budget for District 41 is included in the attached Engineer's Report on Page 11. BACKGROUND/DISCUSSION: The landscaping improvements to be maintained by District 41 are the slopes and open space areas within the Assessment Diagram as shown on page 26 of the Engineer's Report. This reflects a total maintenance area of 15.6 acres. The maintenance and servicing of public landscaping improvements installed and constructed in public places in the City provides a special benefit which is received by each and every lot or parcel within the District, tending to enhance their value. The estimated number of parcels within the District is 554 parcels. The amount assessed upon the lands within District No. 41 for Fiscal Year 2015-2016 was $220.50 per parcel. This proposed assessment has been determined to be exempt from the provisions of Proposition 218 as set forth in Section 5(b): Any assessment imposed pursuant to a petition signed by the persons owning all of the parcels subject to the assessments at the time the assessment is initially imposed. PREPARED BY: Marcy Hilario, Administrative Coordinator REVIEWED BY• David . 46, P.E. Director of Public WorkslCity Engineer Date Prepared: June 6, 2016 Attachments: Resolution No. 2016 -XX Engineer's Report dated April 2016 RESOLUTION NO. 2016 -XX A RESOLUTION LEVYING AN ASSESSMENT ON CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 41 FOR THE FISCAL YEAR 2016-17. A. RECITALS. (i) By its Resolution No. 2016-14, this Council approved a report of the Engineer of Work related to City of Diamond Bar Assessment District No. 41 ("District") prepared pursuant to Article XIII of the California Constitution, and the Landscape and Lighting Act of 1972 (the "Act'), Part 2 of Division 15 of the California Streets and Highways Code (commencing with Section 22500 thereof), which described the improvements thereon, and gave notice of and fixed the time and place of the hearing on the question of assessment thereon for fiscal year 2016-17. A diagram of the area encompassed by said assessment district is attached hereto as Exhibit "A-1." (ii) Said hearing was duly and properly noticed, commenced in the Auditorium located at the AQMD/Government Center, 21865 Copley Drive, Diamond Bar, California on June 21, 2016, and was concluded prior to the adoption of this Resolution. (iii) All legal prerequisites to the adoption of this Resolution have occurred. B. RESOLUTION. NOW, THEREFORE, the City Council of the City of Diamond Bar does hereby find, determine and order as follows: 1. The Recitals, as set forth in Part A of this Resolution, are in all respects true and correct. 2. This Council hereby expressly overrules any and all protests filed objecting to the proposed improvements specified herein or the assessment levied therefore. I 3. Based upon its review of the report of the Engineer of Work referred to hereinabove, and other reports and information, the City Council hereby finds that (i) the land within the said District will be benefitted by the improvements specified in said report, (ii) said District includes all of the lands so benefitted, and (iii) the net amount to be assessed upon the lands within said District for the 2016-17 fiscal year, in accordance with said report, is apportioned by a formula and method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements 4. The improvements specified in the report hereinabove referred to which is on file with the City Clerk of the City of Diamond Bar are hereby ordered to be completed. 5. The assessment diagram contained in the report referred to hereinabove and the assessment of $220.50 for each assessable lot located within said District are hereby adopted and confirmed and said assessment hereby is levied for the 2016-17 fiscal year. 6. The assessment is in compliance with the provisions of the Act, and the City Council has complied with all laws pertaining to the levy of an annual assessment pursuant to the Act. The assessment is levied for the purpose of paying the costs and expenses of the improvements described in the report referred to hereinabove for fiscal year 2016-17. 7. The City of Diamond Bar City Council hereby certifies that the assessments to be placed on the 2016-17 property tax bills meet the requirements of Proposition 218 that added ARtciels XIIIC and MID to the California Constitution. 8. The assessments are levied without regard to property valuation. 9. The City Treasurer shall deposit all moneys representing assessments collected by the County to the credit of a special fund for use in City of Diamond Bar Assessment District No. 41. 2 10. The City Clerk is hereby authorized and directed to file the diagram and assessment with the County Auditor, together with a certified copy of this Resolution upon its adoption. 11. A certified copy of the assessment and diagram shall be filed in the office of the City Clerk and open for public inspection. 12. The City Clerk shall certify to the adoption of this Resolution. ADOPTED AND APPROVED this day of 12016. Nancy A. Lyons, Mayor I, TOMMYE A. CRIBBINS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at the regular meeting of the City Council of the City of Diamond Bar held on the day of 2016, by the following Roll Call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: Tommye A. Cribbins, City Clerk City of Diamond Bar 3 Exhibit A-1 I DIAG't A"I AS'S)ES-""%EN I' D1133TRICT 41 � � \ FOR THE CITY OF DfAMONO BAR � r -I -3-, f f 2 v CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 41 ENGINEER'S REPORT FISCAL. YEAR 2016-17 APRIL 2016 PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972, GOVERNMENT CODE AND ARTICLE XIIID OF THE CALIFORNIA CONSTITUTION ENGINEER OF WORK: SCIConsultingGroup 4745 MANGELS BOULEVARD FAIRFIELD, CALIFORNIA 94534 PHONE 707.430.4300 FAx 707.430.4319 W W W.SCI-CG.COM (THIS PAGE INTENTIONALLY LEFT BLANK) PAGE CITY OF DIAMOND BAR CITY COUNCIL Nancy A. Lyons, Mayor Jimmy Lin, Mayor Pro Tem Carol Herrera, Councilmember Ruth M. Low, Councilmember Steve Tye, Councilmember CITY MANAGER James DeStefano PUBLIC WORKS DIRECTOR/ CITY ENGINEER David Liu COMMUNITY SERVICES DIRECTOR Bob Rose CITY ATTORNEY David DeBerry ENGINEER OF WORK SCI Consulting Group CITY OF DIAMOND BAR ww LANDSCAPING ASSESSMENT DISTRICT No. 41 SCIConsultingGroup ENGINEERS REPORT, FISCAL YEAR 2016-17 PAGE II (THIS PAGE INTENTIONALLY LEFT BLANK) CRY OF DIAMOND BAR ww� LANDSCAPING ASSESSMENT DISTRICT N0.41 SCIConsultingGroup ENGINEER'S REPORT, FISCAL YEAR 2016-17 PAGE III TABLE OF CONTENTS INTRODUCTION....................................................................................................................... 5 OVERVIEW...................................................................................................................... 5 ENGINEER'S REPORT AND CONTINUATION OF ASSESSMENTS .............................................. 5 LEGISLATIVE ANALYSIS.................................................................................................... 6 PLANS &SPECIFICATIONS......................................................................................................9 FISCAL YEAR 2016-17 ESTIMATE OF COST AND BUDGET.......................................................11 BUDGET FOR FISCAL YEAR 2016-17............................................................................... 11 METHOD OF ASSESSMENT APPORTIONMENT..........................................................................13 METHOD OF APPORTIONMENT........................................................................................ 13 DISCUSSION OF BENEFIT................................................................................................ 13 SPECIALBENEFIT.......................................................................................................... 14 GENERAL VERSUS SPECIAL BENEFIT.............................................................................. 16 BENEFITFINDING........................................................................................................... 18 METHOD OF APPORTIONMENT........................................................................................ 20 ANNUAL ASSESSMENT CALCULATION.............................................................................. 21 DURATIONOF ASSESSMENT........................................................................................... 21 APPEALS OF ASSESSMENTS LEVIED TO PROPERTY........................................................... 22 ASSESSMENT FUNDS MUST BE EXPENDED WITHIN THE DISTRICT AREA ............................. 22 ASSESSMENT...................................................................................................................... 23 ASSESSMENTDIAGRAM........................................................................................................ 25 ASSESSMENTROLL............................................................................................................. 27 CITY OF DIAMOND BAR llllm� LANDSCAPING ASSESSMENT DISTRICT N0.41 SCIConsultingGroup ENGINEER'S REPORT. FISCAL YEAR 2016-17 PAGE IV LIST OF TABLES TABLE 1- FY 2016-17 ESTIMATE OF COSTS.........................................................................11 TABLE 2 - FY 2016-17 SUMMARY COST ESTIMATE................................................................ 23 CITY OF DIAMOND BAR mm� LANDSCAPING ASSESSMENT DISTRICT N0.41 SCIConsultingGroup ENGINEER'S REPORT, FISCAL YEAR 2016-17 INTRODUCTION OVERVIEW The City of Diamond Bar (the "City") services and maintains mini -parks, slopes and open space areas and other improvements ("Improvements") in the Diamond Bar High Country area of the City. In order to fund the maintenance and operation ("Services") of these projects and improvements, Landscaping Assessment District No. 41 ("District") was formed in 1985 by the County of Los Angeles prior to the incorporation of the City of Diamond Bar. Upon incorporation in 1989, the City assumed jurisdiction over the District. This Engineer's Report ("Report") was prepared to establish the budget for the Improvements (as described below) that will be funded by the 2016-17 assessments and other revenue, and to determine the general and special benefits received from the Improvements by property within the District and the method of assessment apportionment to lots and parcels. This Report and the assessments have been made pursuant to the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code (the "Act") and Article XIIID of the California Constitution (the "Article"). ENGINEER'S REPORT AND CONTINUATION OF ASSESSMENTS The assessments have been continued for 30 years. In each subsequent year for which the assessments will be continued, the Diamond Bar City Council (the "Council") must direct the preparation of an Engineer's Report, budgets, and proposed assessments for the upcoming fiscal year. After the report is completed, the City Council may preliminarily approve the Engineer's Report and the continued assessments and establish the date for a public hearing on the continuation of the assessments. Accordingly, this Engineer's Report (the "Report") was prepared pursuant to the direction of the City Council. As required by the Act, this Report includes plans and specifications, a diagram or map of the District, the benefits received by property from the Improvements within the District, and the method of assessment apportionment to lots and parcels within the District. If the Council approves this Engineer's Report and the continuation of the Assessments by resolution, a notice of public hearing must be published in a local newspaper at least 10 days prior to the date of the public hearing. The resolution preliminarily approving the Engineer's Report and establishing the date for a public hearing is typically used for this notice. Following the minimum 10 -day time period after publishing the notice, a public hearing is held for the purpose of allowing public testimony about the proposed continuation of the Assessments. This hearing is currently scheduled for June 21, 2016. At this hearing, the Council will consider approval of a resolution confirming the continuation of the Assessments for fiscal year 2016-17. If so confirmed and approved, the Assessments would be submitted to the Los Angeles County Auditor/Controller for inclusion on the property tax rolls for fiscal year 2016-17. CITY OF DIAMOND BAR LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT No. 41 ww ENGINEER'S REPORT, FISCAL YEAR 2016-17 SCIConsultingGroup PAGE Beginning in 2015, SCI Consulting Group became the Assessment Engineer for the District. To maintain an accurate reference and legally defensible record of the District, pertinent language used in previous engineer's reports has been retained herein and is cited in italics as appropriate. LEGISLATIVE ANALYSIS PROPOSITION 218 The Right to Vote on Taxes Act was approved by the voters of California on November 6, 1996, and is now Article XIIIC and XIIID of the California Constitution. Proposition 218 provides for benefit assessments to be levied to fund the cost of providing services and improvements, as well as maintenance and operation expenses to a public improvement which benefits the assessed property. SILICON VALLEY TAXPAYERS ASSOCIATION, INC. V SANTA CLARA COUNTY OPEN SPACE AUTHORITY (2008) 44 CAL. 4TH 431 In July of 2008, the California Supreme Court issued its ruling on the Silicon Valley Taxpayers Association, Inc. v. Santa Clara County Open Space Authority ("SVTA"). This ruling is significant in that the Court clarified how Proposition 218 made changes to the determination of special benefit. The Court also found that: ■ Benefit assessments are for special, not general, benefit ■ The services and/or improvements funded by assessments must be clearly defined ■ Special benefits are directly received by and provide a direct advantage to property in the Improvement District ■ The assessment paid by property should be proportional to the special benefits it receives from the Improvements This Engineer's Report and the process used to establish the continuation of the assessments for fiscal year 2016-17 are consistent with the SVTA decision and with the requirements of Article XIIIC and XIIID of the California Constitution based on the following factors: The District is drawn to include the entire City; although only parcels deriving special benefits are included in the assessment rolls. Thus, zones of benefit are not required and the assessment revenue derived from real property in the District is expended only on the Improvements in the District. 2. The Improvements which are constructed and maintained with assessment proceeds in the District are located in close proximity to the real property subject to the assessment. The Improvements provide landscaping and other services to the residents of such assessed property. The proximity of the Improvements to the assessed parcels provides a special benefit to the parcel being assessed pursuant to the factors outlined by the Supreme Court in that decision. CITY OF DIAMOND BAR ww LANDSCAPING ASSESSMENT DISTRICT No. 41 SC IConsulti ngG roup ENGINEER'S REPORT, FISCAL YEAR 2016-17 PAGE 7 3. Due to their proximity to the assessed parcels, the Improvements financed with assessment revenues in the District benefit the properties in that District in a manner different in kind from the benefit that other parcels of real property in the City derive from such Improvements, and the benefits conferred on such property in the District are more extensive than a general increase in property values. 4. The assessments paid in the District are proportional to the special benefit that each parcel within that Assessment District receives from the Improvements because: a. The specific landscaping Improvements and maintenance and utility costs thereof in the District are specified in this Report; and Such Improvement and maintenance costs in the District are allocated among different types of property located within the District, and equally among those properties which have similar characteristics, such as single-family residential parcels, multi -family residential parcels, commercial parcels, industrial parcels, etc. DAHMS V. DOWNTOWN POMONA PROPERTY (2009) 174 CAL. APP. 4TH 708 In Dahms v. Downtown Pomona Property ("Dahms") the Court upheld an assessment that was 100% special benefit (i.e. 0% general benefit) on the rationale that the services and improvements funded by the assessments were directly provided to property in the assessment district. The Court also upheld discounts and exemptions from the assessment for certain properties. BONANDER V. TOWN OF TIBURON (2009) 180 CAL. APP. 4TH 103 Bonander v. Town of Tiburon ("Bonanden, the 1St District Court of Appeal overturned a benefit assessment approved by property owners to pay for placing overhead utility lines underground in an area of the Town of Tiburon. The Court invalidated the assessments primarily on the grounds that the assessments had been apportioned to assessed property based on the costs within sub -areas of the assessment district instead of the overall cost of the improvements and the overall proportional special benefits. BEUTZ V. COUNTY OF RIVERSIDE (2010) 184 CAL. APP. 4TH 1516 Steven Beutz v. County of Riverside ('Beutt') the Court overturned an assessment for park maintenance in Wildomar, California, primarily because the general benefits associated with improvements and services were not explicitly calculated, quantified and separated from the special benefits. GOLDEN HILL NEIGHBORHOOD ASSOCIATION V. CITY OF SAN DIEGO (2011) 199 CAL. APP. 4TH 416 On September 22, 2011, the San Diego Court of Appeal issued a decision on the Golden Hill Neighborhood Association v. City of San Diego appeal. This decision overturned an assessment for street and landscaping maintenance in the Greater Golden Hill neighborhood of San Diego, California. The court described two primary reasons for its decision. First, like in Beutz, the court found the general benefits associated with services CITY OF DIAMOND BAR wp� LANDSCAPING ASSESSMENT DISTRICT No. 41 SC ICon sultingG roup ENGINEER'S REPORT, FISCALYEAR2016-17 PAGE 8 were not explicitly calculated, quantified and separated from the special benefits. Second, the court found that the City had failed to record the basis for the assessment on its own parcels. COMPLIANCE WITH CURRENT LAW This Engineer's Report is consistent with the SVTA decision and with the requirements of Article XIIIC and XIIID of the California Constitution because the Improvements to be funded are clearly defined; the benefiting property in the District enjoys close and unique proximity, access and views to the Improvements; the Improvements serve as an extension of usable land area for benefiting properties in the District and such special benefits provide a direct advantage to property in the District that is not enjoyed by the public at large or other property. This Engineer's Report is consistent with Beutz, Dahms and Greater Golden Hill because the Improvements will directly benefit property in the District and the general benefits have been explicitly calculated and quantified and excluded from the Assessments. The Engineer's Report is consistent with Bonander because the Assessments have been apportioned based on the overall cost of the Improvements and Services proportional special benefit to each property, rather than the proportional cost to the District to provide the Improvements to specific properties. CITY OF DIAMOND BAR pw LANDSCAPING ASSESSMENT DISTRICT No. 41 SCIConsultingGroup ENGINEER'S REPORT. FISCAL YEAR 2016-17 PAGE PLANS & SPECIFICATIONS The City maintains landscaping and other improvements in locations within the District's boundaries. The work and improvements to be undertaken by Landscaping Assessment District No. 41, ("District"), and the cost thereof paid from the levy of the annual Assessment provide special benefit to Assessor Parcels within the District as defined in the Method of Assessment herein. In addition to the definitions provided by the Landscaping and Lighting Act of 1972 (the "Act"), the work and improvements are generally described as mini -parks, slopes and open space areas within the District. The Assessment Diagram shows the location and extent of the Improvements to be installed, maintained or serviced by the proceeds from this Assessment District. Installation, maintenance and servicing of Improvements, may include, but are not limited to, turf and play areas, landscaping, ground cover, shrubs and trees, irrigation systems, sidewalks, lighting, fencing, security patrols to protect the Improvements, graffiti removal and repainting, and labor, materials, supplies, utilities and equipment, as applicable, at each of the locations owned, operated or maintained by the District. As applied herein, "Installation" means the construction of Improvements, including, but not limited to, land preparation (such as grading, leveling, cutting and filling), sod, landscaping, irrigation systems, walkways and drainage, lights, playground equipment, play courts, playing fields, recreational facilities and public restrooms. "Maintenance" means the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of any improvement, including repair, removal or replacement of all or any part of any improvement; providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury; the removal of trimmings, rubbish, debris, and other solid waste, and the cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti. "Servicing" means the furnishing of electric current, or energy, gas or other illuminating agent for any public lighting facilities or for the lighting or operation of any other improvements; or waterforthe irrigation of any landscaping, the operation of any fountains, orthe maintenance of any other improvements. Incidental expenses include all of the following: (a) The costs of preparation of the report, including plans, specifications, estimates, diagram, and assessment; (b) the costs of printing, advertising, and the giving of published, posted, and mailed notices; (c) compensation payable to the County for collection of assessments; (d) compensation of any engineer or attorney employed to render services in proceedings pursuant to this part; (e) any other expenses incidental to the construction, installation, or maintenance and servicing of the Improvements; (f) any expenses incidental to the issuance of bonds or notes pursuant CrrY OF DIAMOND BAR F�_ LANDSCAPING ASSESSMENT DISTRICT No. 41 SCIConsultingGroup ENGINEER'S REPORT, FISCAL YEAR 2016-17 PAGE 10 to Streets & Highways Code Section 22662.5; and (g) costs associated with any elections held for the approval of a new or increased assessment (Streets & Highways Code §22526). Modifications to the District structure could include, but are not limited to, substantial changes or expansion of the Improvements provided, substantial changes in the service provided, modifications or restructuring of the District including annexation or detachment of specific parcels, revisions in the method of apportionment, or proposed new or increased assessments. The assessment proceeds will be exclusively used for Improvements within the District plus incidental expenses. CITY OF DIAMOND BAR ww LANDSCAPING ASSESSMENT DISTRICT No. 41 SCIConsultingGroup ENGINEER'S REPORT, FISCAL YEAR 2016-17 PAGE 11 FISCAL YEAR 2016.17 ESTIMATE OF COST AND BUDGET BUDGET FOR FISCAL YEAR 2016.17 The 1972 Act provides that the total costs for providing the maintenance and servicing of the District Improvements and facilities can be recovered in the assessment spread including incidental expenses. The latter can include engineering fees, legal fees, printing, mailing, postage, publishing and all other costs identified with the District proceedings. An estimate of District costs for fiscal year 2016-17 for the maintenance and servicing of the Improvements is provided below. TABLE 1— FY 2016-17 ESTIMATE OF COSTS Expenditure Item Salaries & Benefits Operating Expenses Advertising Utilities Maintenance of Grounds/Buildings Professional Services Contract Services Landscape Maintenance Tree Maintenance Weed/Pest Abatement Capital Improvements Reserve for Future Capital Improvements Estimated Expenditures Revenue Item Direct Benefit Assessments FY 2016/17 General Fund Contribution Prop A Contribution Estimated Revenues Amount $ 17,521 5,000 49,724 17,000 5,500 49,800 18,425 46,200 0 0 $ 209,170 Amount $ 122,157 82,013 5,000 $ 209,170 Budget Allocation to Parcels _ Total Assessment Budget" $ Total Assessable Parcels Assessment per Parcel CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT N0.41 ENGINEER'S REPORT, FISCAL YEAR 2016-17 Amount 122,157 554 $ 220.50 11110� SCIConsuttingGroup PAGE 12 Notes to Estimate of Costs: A. The Act requires that proceeds from the assessments must be deposited into a special fund that has been set up for the revenues and expenditures of the District. Moreover, funds raised by the assessment shall be used only for the purposes stated within this Report. Any balance remaining at the end of the Fiscal Year, June 30, must be carried over to the next Fiscal Year. The District may also establish a reserve fund for contingencies and special projects as well as a capital improvement fund for accumulating funds for larger capital improvement projects or capital renovation needs. Any remaining balance would either be placed in the reserve fund, the capital improvement fund, or would be used to reduce future years' assessments. CITY OF DIAMOND BAR W�— LANDSCAPING ASSESSMENT DISTRICT No. 41 SCIConsultingG roup ENGINEER'S REPORT. FISCAL YEAR 2016-17 PAGE 13 METHOD OF ASSESSMENT APPORTIONMENT METHOD OF APPORTIONMENT This section of the Engineer's Report explains the benefits to be derived from the Improvements and the methodology used to apportion the total assessment to properties within the District. The District consists of certain assessor parcels within the boundaries as defined by the Assessment Diagram referenced in this report and the parcels identified by the Assessor Parcel Numbers listed with the levy roll. The parcel list includes all privately and publically owned parcels as shown. The method used for apportioning the Assessment is based upon the relative special benefits to be derived by the properties in the District over and above general benefits conferred on real property or to the public at large. The Assessment is apportioned to lots and parcels in proportion to the relative special benefit from the Improvements. The apportionment of special benefit is a two-step process: the first step is to identify the types of special benefit arising from the Improvements and the second step is to allocate the Assessments to property based on the estimated relative special benefit for each type of property. DISCUSSION OF BENEFIT In summary, the Assessments can only be levied based on the special benefit to property. This benefit is received by property over and above any general benefits. With reference to the requirements for assessments, Section 22573 of the Landscaping and Lighting Act of 1972 states: "The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements." Proposition 218, as codified in Article XIIID of the California Constitution, has confirmed that assessments must be based on the special benefit to property and that the value of the special benefits must exceed the cost of the assessment: "No assessment shall be imposed on any parcel which exceeds the reasonable cost of the proportional special benefit conferred on that parcel. " The following benefit categories summarize the types of special benefit to residential, commercial, industrial and other lots and parcels resulting from the Improvements to be provided with the assessment proceeds. These types of special benefit are summarized as follows: CRY OF DIAMOND BAR 1111110� LANDSCAPING ASSESSMENT DISTRICT N0.41 SCIConsultingGroup ENGINEER'S REPORT, FISCAL DEAR 2016-17 PAGE 14 A. Proximity to Improved Landscaped Areas and Other Public Improvements within the District. B. Access to Improved landscaped areas and Other Public Improvements within the District. C. Improved Views within the District. D. Extension of a property's outdoor areas and green spaces for properties within close proximity to the Improvements. E. Safety and Security within the District F. Creation of individual lots for residential and commercial use that, in absence of the Assessments, would not have been created. In this case, the recent SVTA v. SCCOSA decision provides enhanced clarity to the definitions of special benefits to properties from similar improvements in three distinct areas: Proximity Expanded or improved access Views The SVTA v. SCCOSA decision also clarifies that a special benefit is a service or improvement that provides a direct advantage to a parcel and that indirect or derivative advantages resulting from the overall public benefits from a service or improvement are general benefits. The SVTA v. SCCOSA decision also provides specific guidance that park improvements are a direct advantage and special benefit to property that is proximate to a park that is improved by an assessment: The characterization of a benefit may depend on whether the parcel receives a direct advantage from the improvement (e.g, proximity to a park) or receives an indirect, derivative advantage resulting from the overall public benefits of the improvement (e.g. general enhancement of the district's property values). . Proximity, improved access and views, in addition to the other special benefits listed herein further strengthen the basis of these assessments. Moreover, the Dahms decision further clarified that certain services and improvements funded by assessments, that are over and above what otherwise would be provided and that other property in general and the public do not share or receive are 100% special benefit. The assessment -funded services upheld by Dahms included streetscape maintenance and security services. SPECIAL BENEFIT The District was formed by a different engineer of record. From the original Engineer's Report, the primary special benefits on landscaping are as set forth below: CRY OF DIAMOND BAR 1111110� LANDSCAPING ASSESSMENT DISTRICT No. 41 SCIConsultingGroup ENGINEER'S REPORT, FISCAL YEAR 2016-17 PAGE 15 1. Beautification of the streets which are used by all of the residents in Diamond Bar. 2. A sense of community pride resulting from well-maintained green spaces. 3. The enhancement of the value of property which results from the foregoing benefits. 4. The enhancement of the value of property which results from the foregoing benefits.I In addition, SCI assessment engineers have identified the following special benefits: PROXIMITY TO IMPROVED LANDSCAPED AREAS WITHIN THE DISTRICT Only the specific properties within close proximity to the Improvements are included in the District. The District has been narrowly drawn to include the properties that receive special benefits from the Improvements. Therefore, property in the District enjoys unique and valuable proximity and access to the Improvements that the public at large and property outside the District do not share. In absence of the Assessments, the Improvements would not be provided and the public improvements funded in the District would be degraded due to insufficient funding for maintenance, upkeep and repair. Therefore, the Assessments provide Improvements that are over and above what otherwise would be provided. Improvements that are over and above what otherwise would be provided do not by themselves translate into special benefits but when combined with the unique proximity and access enjoyed by parcels in the District, they provide a direct advantage and special benefit to property in the District. ACCESS TO IMPROVED LANDSCAPED AREAS WITHIN THE DISTRICT Since the parcels in the District are nearly the only parcels that enjoy close access to the Improvements, they directly benefit from the unique close access to improved landscaping areas and other public improvements that are provided by the Assessments. This is a direct advantage and special benefit to property in the District. IMPROVED VIEWS WITHIN THE ASSESSMENT DISTRICT The City, by maintaining permanent public improvements funded by the Assessments in the District, provides improved views to properties in the District. The properties in the District enjoy close and unique proximity, access and views of the specific Improvements funded in the District; therefore, the improved and protected views provided by the Assessments are another direct and tangible advantage that is uniquely conferred upon property in the District. 1 From the Engineer's Report, Update of Assessment District No. 41, Fiscal Year 2014-15, City of Diamond Bar, dated June 3, 2014 CRY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT No. 41 [ConsultingGroup ENGINEER'S REPORT, FISCAL YEAR 2016-17 PAGE 16 EXTENSION OF A PROPERTY'S OUTDOOR AREAS AND GREEN SPACES FOR PROPERTIES WITHIN CLOSE PROXIMITY TO THE IMPROVEMENTS In large part because it is cost prohibitive to provide large open land areas on property in the District, the residential, commercial and other benefiting properties in the District do not have large outdoor areas and green spaces. The Improvements within the District provide additional outdoor areas that serve as an effective extension of the land area for proximate properties because the Improvements are uniquely proximate and accessible to property in close proximity to the Improvements. The Improvements, therefore, provide an important, valuable and desirable extension of usable land area for the direct advantage and special benefit of properties in the District because such properties have uniquely good and close proximity to the Improvements. SAFETY AND SECURITY WITHIN THE ASSESSMENT DISTRICT The City, through proper installation, maintenance and servicing of permanent public improvements funded by the Assessments in the District, provides increased security and safety by preventing crime and suppressing fire. For parks and recreation Improvements, proper lighting and well -kept landscapes help to deter crime and vandalism. Other landscaped area activities such as slope maintenance and brush clearing provide critical fire suppression. CREATION OF INDIVIDUAL LOTS FOR RESIDENTIAL AND COMMERCIAL USE THAT, IN ABSENCE OF THE ASSESSMENTS, WOULD NOT HAVE BEEN CREATED In most of the District, the original ownerldeveloper(s) of the property within the District agreed unanimously to the Assessments. The Assessments provide the necessary funding for public improvements that were required as a condition of development and subdivision approval. Therefore, such Assessments allowed the original property to be subdivided and for development of the parcels to occur. As parcels were sold, new owners were informed of the Assessments through the title reports, and in some cases, through Department of Real Estate "White Paper' reports that the parcels were subject to assessment. Purchase of property was also an "agreement" to pay the Assessment. Therefore, in absence of the Assessments, the lots within most of the District would not have been created. These parcels, and the improvements that were constructed on the parcels, receive direct advantage and special benefit from the Assessments. GENERAL VERSUS SPECIAL BENEFIT Article XIIIC of the California Constitution requires any local agency proposing to increase or impose a benefit assessment to "separate the general benefits from the special benefits conferred on a parcel." The rationale for separating special and general benefits is to ensure that property owners subject to the benefit assessment are not paying for general benefits. An assessment can fund special benefits but cannot fund general benefits. Accordingly, a separate estimate of the special and general benefit is given in this section. CITY OF DIAMOND BAR 11111110-7 LANDSCAPING ASSESSMENT DISTRICT No. 41 SC IConsultingGroup ENGINEER'S REPORT, FISCAL YEAR 2016.17 In other words: Total General Special Benefit — Benefit + Benefit PAGE 17 There is no widely -accepted or statutory formula for general benefit. General benefits are benefits from improvements or services that are not special in nature, are not "particular and distinct" and are not "over and above" benefits received by other properties. SVTA vs. SCCOSA provides some clarification by indicating that general benefits provide "an indirect, derivative advantage" and are not necessarily proximate to the improvements. In this Report, the general benefit is liberally estimated and described, and then budgeted so that it is funded by sources other than the Assessment. The starting point for evaluating general and special benefits is the current, baseline level of service. The Assessment will fund Improvements "over and above" this general, baseline level and the general benefits estimated in this section are over and above the baseline. A formula to estimate the general benefit is listed below: Benefitto Real Benefit to Real General _ Property Outside Property Inside the Benefit to Benefit— the Assessment + Assessment District + the Public District that is Indirect and at Large Derivative Special benefit, on the other hand, is defined in the state constitution as "a particular and distinct benefit over and above general benefits conferred on real property located in the district or to the public at large." The SVTA v. SCCOSA decision indicates that a special benefit is conferred to a property if it "receives a direct advantage from the improvement (e.g., proximity to a park)" In these Assessments, as noted, properties in the District have close and unique proximity, views and access to the Improvements and uniquely improved desirability from the Improvements and other properties and the public at large do not receive significant benefits because they do not have proximity, access or views of the Improvements. Therefore, the overwhelming proportion of the benefits conferred to property is special, and is only minimally received by property outside the Districts or the public at large. CRY OF DIAMOND BAR wm� LANDSCAPING ASSESSMENT DISTRICT N0.41 SCIConsultingGroup ENGINEER'S REPORT, FISCAL YEAR 2016-17 PAGE 18 BENEFIT FINDING QUANTIFICATION OF GENERAL BENEFIT In this section, the general benefit from landscaping and other types of Improvements is liberally estimated and described, and then budgeted so that it is funded by sources other than the Assessment. BENEFIT TO PROPERTY OUTSIDE THE ASSESSMENT DISTRICTS Properties within the District receive almost all of the special benefits from the Improvements because properties in the District enjoy unique close proximity and access to the Improvements that is not enjoyed by other properties or the public at large. However, certain properties within the proximity/access radius of the Improvements, but outside of the boundaries of the District, may receive some benefit from the Improvements. Since this benefit is conferred to properties outside the District boundaries, it contributes to the overall general benefit calculation and will not be funded by the Assessments. The general benefit to property outside of the District is calculated with the parcel and data analysis performed by SCI Consulting Group. Since certain properties outside the District enjoy close proximity and access to the Improvements cannot be assessed by the District, this is a form of general benefit to other property. There are 23 parcels outside the District that are directly adjacent to areas where slopes are maintained by the District. The benefits conferred to these properties do not include the Lot Creation benefit factor, therefore the benefit is reduced by half. The general benefit to property outside of the District is calculated as follows. ASSUMPTIONS: ■ 23 parcels outside the District ■ 554 parcels in the District ■ 50% Benefit Factor CALCULATION: General Benefit to property outside the District = 23/(23+ 554) x 50% = 1.99% BENEFIT TO PROPERTY INSIDE THE ASSESSMENT DISTRICTS THAT IS INDIRECT AND DERIVATIVE The "indirect and derivative" benefit to property within the District is particularly difficult to calculate. A solid argument can be presented that all benefit within the District is special, because the other Improvements are clearly "over and above" and "particular and distinct" when compared with the baseline level of service and the unique proximity, access and views of the other Improvements enjoyed by benefiting properties in the District. Nevertheless, the SVTA vs. SCCOSA decision indicates there may be general benefit "conferred on real property located in the district" A measure of the general benefits to property within the Assessment area is the percentage of land area within or directly abutting the District that is publicly owned and used for regional purposes such as regional parks, CITY OF DIAMOND BAR pw� LANDSCAPING ASSESSMENT DISTRICT No. 41 SCIConsultingGroup ENGINEER'S REPORT, FISCAL YEAR 2016-17 PAGE 19 major roads, rail lines and other regional facilities because such properties used for regional purposes could provide indirect benefits to the public at large. The District boundaries are narrowly drawn to include only the residential areas within the neighborhood, and there are no regional facilities within the District. Therefore, the indirect and derivative general benefits to property within the District are zero. BENEFIT TO THE PUBLIC AT LARGE The general benefit to the public at large can be estimated by the proportionate amount of time that the District's Improvements are used and enjoyed by individuals who are not residents, employees, customers or property owners in the District. It should be noted that these Improvements do not attract the public at large in the same was as park improvements, and they confer far less benefit to the public at large than do similar park improvements. In essence, the public does not visit an area to enjoy slope improvements in the same way as they may visit a park. However, certain slopes maintained by the District may provide some enhancement to views enjoyed by the public as they drive past. Approximately 25% of the slopes and linear green areas maintained by the District lie along arterial roadways that carry a high percentage of traffic not associated with people who are not residents or property owners within the District. While there are not statistics available as to what percentage of pass -by vehicle trips are by non-residents or non -property owners, a liberal factor of 90% is assumed. Finally, of all the types of benefits conferred by the Improvements, passersby only benefit from views, which are estimated at 10% of the total benefits. Therefore we find that ((90% of 25%) x 10% _) 2.25% of the benefits from the Improvements are general benefits to the public at large. TOTAL GENERAL BENEFITS Using a sum of these three measures of general benefit, we find that approximately of the benefits conferred by the Improvements may be general in nature and should be funded by sources other than the assessment. LANDSCAPING GENERAL BENEFIT CALCULATION 1.99% (Outside the District) + 0% (Property within the District) + 2.25% (Public at Large) = 4.24% (Total General Benefit) Although this analysis finds that 4.24% of the assessment may provide general benefits from the Improvements, the Assessment Engineer establishes a requirement for a minimum contribution from sources other than the assessments of 5%. This minimum contribution above the measure of general benefits will serve to provide additional coverage for any other general benefits. CRY OF DIAMOND BAR ww LANDSCAPING ASSESSMENT DISTRICT No. 41 SCIConsultingGroup ENGINEER'S REPORT, FISCAL YEAR 2016-17 PAGE 20 CURRENT GENERAL BENEFIT CONTRIBUTION FROM THE CITY This general benefit cannot be funded from the Assessments; it must be funded from other sources such as the City's General Fund or other non -District funds. These contributions can also be in the form of in -lieu contributions to the installation and maintenance of the Improvements such as other City assets that support and protect the Improvements. The City of Diamond Bar will contribute both monetary and in -lieu resources to ensure that the general benefits conferred by the proposed Improvements are not funded by the District's Assessments. A summary and quantification of these other contributions from the City is discussed below: The City of Diamond Bar owns, maintains, rehabilitates and replaces curb and putter along the border of the District Improvements. This curb and gutter serves to support, contain, retain, manage irrigation flow and growth, and provide a boundary for the Improvements. The contribution from the City towards general benefit from the maintenance, rehabilitation, and replacement of the curb and gutter is conservatively estimated to be 5%. The City owns and maintains a storm drainage system along the border of the District Improvements. This system serves to prevent flooding and associated damage to the Improvements, and manage urban runoff including local pollutants loading from the Improvements. The contribution from the City towards general benefit from the maintenance, and operation of the local storm drainage system is conservatively estimated to be 5%. The City owns and maintains local public streets along the border of the District Improvements. These public streets provide access to the Improvements for its enjoyment as well as efficient maintenance. The contribution from the City towards general benefit from the maintenance of local public streets is conservatively estimated to be 5%. The value of the construction of the improvements can be quantified and monetized as an annuity. Since this construction was performed and paid for by non -assessment funds, this "annuity" can be used to offset general benefit costs, and is conservatively estimated to contribute 10%. The total General Benefit is liberally quantified at 8% which is entirely offset by the conservatively quantified total non -assessment contribution towards general benefit described above of 25%. Therefore, no additional General Benefit must be funded by the City. METHOD OF APPORTIONMENT The development of an Assessment methodology requires apportioning to determine the relative special benefit for each property. As the District was formed by a different engineer of record, the precise language from the most recent Engineer's Report is included below: CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT No. 41 SCIConsultingGroup ENGINEER'S REPORT, FISCAL YEAR 2016-17 PAGE 21 The net amount to be assessed upon lands within the District in accordance with this report is apportioned by a formula and method which fairly distributes the amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each lot or parcel from the Improvements, namely the maintenance and servicing of public landscaping improvements within such District. The maintenance and servicing of public landscaping improvements installed and constructed in public places in the City of Diamond Bar provides a special benefit which is received by each and every lot or parcel within the District, tending to enhance their value. The primary benefits on landscaping are as set forth below: 1, Beautification of the streets which are used by all of the residents in Diamond Bar. 2. Public parks which can be utilized and enjoyed by all residents within the District. 3. A sense of community pride resulting from well-maintained green spaces. 4. The enhancement of the value of property which results from the foregoing benefits. The existing land use information indicates that all of the parcels within the District are residences. Because the special benefits derived apply equally to all residents and parcels, it has been determined that all assessable parcels would receive the same net assessment.2 ANNUAL ASSESSMENT CALCULATION For fiscal year 2016-17 the amount of Assessments for the District is not increased from prior years. The estimated assessment per parcel is $220.50. DURATION OF ASSESSMENT The District was formed or annexed in previous years. It is proposed that the Assessments be continued every year after their formation or annexation, so long as the public Improvements need to be maintained and improved, and the City requires funding from the Assessments for these Improvements in the District. As noted previously, the Assessment can continue to be levied annually after the City Council approves an annually updated Engineer's Report, budget for the Assessment, Improvements to be provided, and other specifics of the Assessment. In addition, the City Council must hold an annual public hearing to continue the Assessment. 2 From the Engineer's Report, Update of Assessment District No. 41, Fiscal Year 2014-15, City of Diamond Bar, dated June 3, 2014 CITY OF DIAMOND BAR g' LANDSCAPING ASSESSMENT DISTRICT No. 41 SCIConsultingGroup ENGINEER'S REPORT, FISCAL YEAR 2016-17 PAGE 22 APPEALS OF ASSESSMENTS LEVIED TO PROPERTY Any property owner who feels that the Assessment levied on the subject property is in error as a result of incorrect information being used to apply the foregoing method of assessment may file a written appeal with the City of Diamond Bar City Manager or his or her designee. Any such appeal is limited to correction of an Assessment during the then -current Fiscal Year and applicable law. Upon the filing of any such appeal, the City Manager or his or her designee will promptly review the appeal and any information provided by the property owner. If the City Manager or his or her designee finds that the Assessment should be modified, the appropriate changes shall be made to the Assessment Roll. If any such changes are approved after the Assessment Roll has been filed with the County for collection, the City Manager or his or her designee is authorized to refund to the property owner the amount of any approved reduction. Any dispute over the decision of the City Manager or his or her designee shall be referred to the Diamond Bar City Council, and the decision of the City Council shall be final. ASSESSMENT FUNDS MUST BE EXPENDED WITHIN THE DISTRICT AREA The net available Assessment funds, after incidental, administrative, financing and other costs shall be expended exclusively for Improvements within the boundaries of the District or as described herein, and appropriate incidental and administrative costs as defined in the Plans and Specifications section. CITY OF DIAMOND BAR pw� LANDSCAPING ASSESSMENT DISTRICT No. Al SCIConsultingGroup ENGINEER'S REPORT, FISCAL YEAR 2016-17 ASSESSMENT PAGE 23 WHEREAS, the City of Diamond Bar directed the undersigned engineer of Work to prepare and file a report presenting an estimate of costs, a Diagram for the District and an assessment of the estimated costs of the Improvements upon all assessable parcels within the District; Now, THEREFORE, the undersigned, by virtue of the power vested in me under the Act, Article XIIID of the California Constitution, and the order of the City of Diamond Bar City Council, hereby makes the following Assessment to cover the portion of the estimated cost of the Improvements, and the costs and expenses incidental thereto to be paid by the District. The amount to be paid for said Improvements and the expense incidental thereto, to be paid by the District for the Fiscal Year 2016-17 is generally as follows: TABLE 2 — FY 2016.17 SUMMARY COST ESTIMATE Salaries & Benefits $ 17,521 Operating Expenses & Services 191,649 Capital Expenses 0 Total for Services $ 209,170 Less General Fund Contribution (82,013) Less Other Revenue (Prop A) (5,000) Net Amount to Assessments $ 122,157 As required by the Act, an Assessment Diagram of the District is hereto attached and incorporated herein by reference. The distinctive number of each parcel or lot of land in the District is its Assessor Parcel Number appearing on the Assessment Roll. I do hereby assess and apportion the net amount of the cost and expenses of the Improvements, including the costs and expenses incident thereto, upon the parcels and lots of land within the District, in accordance with the special benefits to be received by each parcel or lot, from the Improvements, and more particularly set forth in the Estimate of Cost and Method of Assessment in the Report. The Assessment is made upon the parcels or lots of land within the District in proportion to the special benefits to be received by the parcels or lots of land, from the Improvements. Each parcel or lot of land is described in the Assessment Roll by reference to its parcel number as shown on the Assessor's Maps of the County of Los Angeles for the Fiscal Year CRY OF DIAMOND BAR ww LANDSCAPING ASSESSMENT DISTRICT N0.41 SCIConsultingGroup ENGINEERS REPORT, FISCAL YEAR 2016.17 PAGE 24 2016-17. For a more particular description of the property, reference is hereby made to the deeds and maps on file and of record in the office of the County Recorder of the County. I hereby will place opposite the Assessor Parcel Number for each parcel or lot within the Assessment Roll, the amount of the assessment for the Fiscal Year 2016-17 for each parcel or lot of land within the District, Dated: April 26, 2016 �QPvre�S7p Engineer of Work �PV B�S'�9 F2c Z�No.4 � By Jerry Bradshaw, License No. C48845 CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT N0.41 SCIConsultingGroup ENGINEERS REPORT, FISCAL YEAR 2016-17 PAGE 25 ASSESSMENT DIAGRAM The District boundary and the parcels to be assessed in Landscaping Assessment District No. 39 are shown on the Assessment Diagram, which is on file with the City Clerk of the City of Diamond Bar, and includes all those properties included in the original formation of the District and subsequent annexations. The following Assessment Diagram is for general location only and is not to be considered the official boundary map. The lines and dimensions of each lot or parcel within the District are those lines and dimensions as shown on the maps of the Assessor of the County of Los Angeles, for Fiscal Year 2016-17, and are incorporated herein by reference, and made a part of this Diagram and this Report. CITY OF DIAMOND BAR N LANDSCAPING ASSESSMENT DISTRICT N0.41 SCIConsultingGroup ENGINEERS REPORT, FISCAL YEAR 2016-17 ,1 Y" ASSESSMENT DISTRICT NO. 41 4 J it a • e y for theCITY OF DIAMOND BAR< k':ta J. 7 P�•S� � �.._ r 'r1� a� �r1.tG;i� lrs� Q�y41�� "�Ir1�•M.e`�etl�'�Nia � �ql r.. ; saLps�S+�i� " n►`1,� �4'n� �. 1 I. 0/if- r �.'1�Zly ��4` < T * Y+.; .`��h Ilia �.' a.D � Ytn ,"�� o. �gR�+•.+ajp' a'�In O PAGE 27 ASSESSMENT ROLL An Assessment Roll (a listing of all parcels assessed within the District and the amount of the Assessment) will be filed with the City Clerk and is, by reference, made part of this Report and is available for public inspection during normal office hours at the City Hall at 21810 Copley Drive, 2nd floor, Diamond Bar, California 91765. Each lot or parcel listed on the Assessment Roll is shown and illustrated on the latest County Assessor records and these records are, by reference, made part of this Report. These records shall govern for all details concerning the description of the lots or parcels. CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT No. 41 111111110� ENGINEER'S REPORT. ASCALYEAR 2016-17 SCIConsultingGroup CITY COUNCIL Agenda 48.1 Meeting Date: June 21, 2016 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Mana e TITLE: CONSULTING ,SERVICES AGRE E T WITH DYETT & BHATIA TO PREPARE CITY'S COMPREHENS VE GENERAL PLAN UPDATE FOR A NOT -TO -EXCEED AMOUNT OF $1,009,303. RECOMMENDATION: Approve. FINANCIAL IMPACT: The City Council established the General Plan Fund as part of the FY 2014/2015 budget, with an initial appropriation of $500,000 from the City's share of the Site D sales proceeds to the fund. Subsequent contributions have created the current fund balance of $1,008,601. The proposed three-year Consulting Services Agreement authorizes the Consultant submit invoices to the City for a not -to -exceed amount of $1,009,303, consisting of $877,654 for the proposed scope of work, plus a staff -requested 15 percent contingency of $131,648. The project is anticipated to take up to three years to complete, and the City will be invoiced incrementally as the project progresses. BACKGROUND: State law requires each California county and local jurisdiction to adopt a general plan "for the physical development of the county or city, and any land outside its boundaries which bears relation to its planning." In the broadest terms, a general plan is a planning document containing the goals, objectives and policies to guide a jurisdiction's physical growth, transformation and/or preservation (usually a combination of all three) for a period of approximately 20 years from its date of adoption. It is comprised of text, diagrams and maps to effectively communicate how the general plan is to be implemented. Diamond Bar's General Plan was first adopted on July 25, 1995. We have reached an appropriate point in time to revisit the guiding vision and policies expressed in Diamond Bar's General Plan, and then embark on a comprehensive General Plan Update program. In the two decades following its 1995 adoption, nearly all of the General Plan's goals and objectives have been implemented. Meanwhile, Diamond Bar has grown and matured, and faces the new challenges and aspirations that normally come with the passage of time. Planning concepts considered novel in the 1990s are now being put into practice in California and across the nation. The once -abstract` principles of sustainability and managing greenhouse gas emissions are now part of local, regional and national environmental regulations and policymaking. An updated General Plan will equip Diamond Bar with contemporary strategies needed to tackle the many governmental and environmental challenges facing us now and in the years ahead. Today, cities are left to deal with mandates (often unfunded) such as managing stormwater runoff and reducing vehicle miles traveled through the formulation of regional and subregional "sustainable community strategies" (vague topics when our General Plan was first adopted in 1995). Diamond Bar's population is aging, and we may wish to diversify our housing stock further so that our residents may age in place if they wish to. Our economic sustainability may be at risk unless we formulate new strategies to promote land uses that generate municipal revenues. A comprehensive update to our General Plan would enable us to proactively and opportunistically guide the City through another 20 -year cycle of growth and change. CONSULTANT SELECTION PROCESS: On February 1, 2016, the City sent a detailed RFP (Attachment 2) to nine highly - qualified planning firms, inviting them to submit proposals to prepare Diamond Bar's first Comprehensive General Plan Update. The City received proposals from two planning firms: Dyett & Bhatia (D&B) and MIG. On March 31, 2016, a panel comprised of Community Development Director Greg Gubman, Public Works Director/City Engineer David Liu, Community Services Director Bob Rose, Senior Planner Grace Lee and Public. Information Manager Marsha Roa interviewed the two firms. Both firms submitted outstanding proposals, delivered excellent presentations outlining their scope of services and approach, and interviewed very well. In the end, staff's consensus was that Dyett & Bhatia's approach was the better fit for Diamond Bar. The basis for staff's recommendation is outlined below. Cost Comparison — D&B proposed a competitive budget. All told, D&B's cost proposal was nearly $100,000 lower than MIG's. Because each firm approached the scope of work prescribed in the RFP differently, it is not possible to chart a line item comparison between the two proposals. Alternatively, staff compiled several summary tables below to allow the Council to compare proposed work products and associated costs: Consulting Services Agreement — Dyett & Bhatia Page 2 DYETT & BHATIA PROJECT BUDGET TASK COST 1. Project Initiation $ 22,635 2. Issue Identification & Key Strategies 71,091 3. Existing Conditions, Trend & Opportunities Assessment 151,715 4. Alternatives 196,230 5. Preferred Plan & Key Goals 57,220 6. Draft General Plan 143,356 7. Draft & Final EIR 207,978 8. Hearings & Adoption 27,430 TOTAL 15% Contingency $877,655 131,648 GRAND TOTAL WITH CONTINGENCY $1,009,303 MIG PROJECT BUDGET TASK COST 1. Project Start-up and Background Materials $ 253,856 2. Vision & Guiding Principles 29,221 3. Concept Alternatives 166,299 4. Draft General Plan 157,031 5. Environmental Review 147,662 6. General Plan Hearings & Adoption 34,279 7. Management & Coordination 133,837 SUBTOTAL Direct Costs Subconsultant Administrative Fee $922,185 34,448 15,170 TOTAL 15% Contingency $971,803 145,770 GRAND TOTAL WITH CONTINGENCY $1,117,573 The table below compares each firm's budget breakdown for specified major tasks: TASK Project initiation and communityscoping Stakeholder Interviews individuals and small groups) ExistingConditions, Trends & Opportunities Assessment Stud Session on CommunityVision, ExistingConditions Citywide Workshopon Alternatives 0 ]$202,008 Joint Stud Session on Alternatives Draft General Plan 0 Environmental Review 8Hearin s and Ado tion 0 Consulting Services Agreement — Dyett & Bhatia Page 3 The following table compares the number of deliverables and meetings proposed by each firm as part of the overall community outreach program: TASK D&B Stakeholder interviews 16 GPAC meetings 9 Communityworkshops/open house events 4 Communityinterce t/ o to them" events 10 Stud sessions 3 PlanningCommission & Cit Council meetings and hearings 13 Newsletters 4 Press releases 4 Quality of Proposal — D&B prepared an outstanding proposal with a scope of work more closely aligned with the City's needs. D&B had a thorough understanding of the City's objectives for the General Plan Update and presented an approach to address the following key planning issues: • Working with the community and decision makers to articulate a vision for the City, and translate this vision into a viable implementation program. • Placemaking to foster quality of life and economic growth. • Enhancing the City's fiscal and economic health. • Retooling the community for an aging population. • Adapting to a diverse and changing population. • Fostering complete streets, improving multimodal mobility and completing transportation facility improvements. • Coordinating with regional planning initiatives and State mandates regarding sustainability, greenhouse gas emissions, and environmental concerns. Firm Credentials — Within the last five years, D&B has won 12 awards from the American Planning Association. The firm prepared general plans for more than 60 cities and counties across the state, including more than 20 communities in the last 10 years. The firm is currently leading eight comprehensive general plan updates throughout the state, primarily in the Bay Area and Central Valley, as well as San Diego and Redlands. Consultant's Approach — The final product will be a contemporary General Plan that will inform and guide staff, stakeholders and decisionmakers in all land use matters the community will face the next two decades. D&B's philosophy is as follows: (IMe believe that plan -making is a collaborative process that involves decision -makers, the public and staff. We use the best tools available for research and analysis and are adept at synthesizing a wide range of information into choices that are logical and understandable. Through our Consulting Services Agreement - Dyett & Bhatia Page 4 work we seek to give form to community aspirations and foster places that are vital, livable, and reflect environmental stewardship. Our work is responsive to physical and natural settings; economic realities, and community needs. We always tailor our work programs to each community's needs; we don't have "cookie -cutter" solutions, nor are we missionaries, advocating a particular community design philosophy. We believe that planning decisions must express a community's personality and its perception of the public interest. D&B's approach to achieving that ultimate goal will include the following tasks: Community Outreach Program. The project team will undertake an extensive outreach effort to engage the community, utilizing the following venues: o Stakeholder interviews over 1-2 days (up to 16) o Interactive project website o Community workshop/open house events (4) o "Go to Them" booths at events such as Concerts in the Park, Winter Snow Fest, etc. (10) o General Plan Advisory Committee (GPAC) meetings (9) o Planning Commission and City Council meetings (13) o Newsletters (4) o Press releases (4) o Project branding and logo Existing Conditions and Opportunities Assessment. D&B will comprehensively assess Diamond Bar's existing land use characteristics, opportunities and constraints, and then formulate three plans illustrating alternative land use scenarios, focusing on identified opportunity sites. General Plan Document. The outreach and assessment efforts will culminate in the drafting of a new General Plan document. The seven mandatory core topics will be incorporated into the following proposed element titles: o Land Use and Economic Development o Circulation o Resource Conservation o Public Service and Facilities o Public Health and Safety In addition, D&B proposes adding two new elements to emphasize Diamond Bar's commitment to a high quality of life for its residents: o Community Character and Placemaking: This element will emphasize urban design and creation of vibrant public spaces. Consulting Services Agreement — Dyett & Bhatia Page 5 o Health and Sustainability: This element would focus on promoting community wellness, meeting the needs of a changing population, and sustaining the City in a socially equitable, fiscally sound, and environmentally responsible manner. • Self -mitigating Program EIR. The EIR will be prepared in concert with the General Plan elements to help ensure that potential significant environmental impacts are identified at the front end, so that policies can be written into the elements that reduce or eliminate those potential impacts. One advantage of a self -mitigating General Plan is that it can facilitate the streamlining of future development proposals. A more detailed scope of work and the cost breakdown comprised of eight tasks and approximately 50 subtasks are provided in D&B's final proposal (Attachment 3). Project Manager — Sophie Martin, AICP will serve as project manager. Ms. Martin is a partner/principal in charge with the firm and led the presentation during the interview process. As partner with the firm, Ms. Martin will be able to make immediate decisions when required to do so without delays. Ms. Martin and her in-house staff will contribute approximately 3,000 of the 5,600 consultant hours estimated to complete the project. D&B will lead all aspects of the preparation of the General Plan Update and EIR, including preparation of background reports, development of alternatives, preparation of the General Plan, preparing meeting summaries and notices, and overall project management. Project Team — D&B will manage a team comprised of five subconsultants with expertise in various disciplines: • PCR Services (Irvine) will lead technical consulting for the General Plan Update and EIR. Biological Services Director Steve Nelson will lead the PCR team and liaise directly with D&B. Mr. Nelson was a long-time Diamond Bar resident and was our longest serving Planning Commissioner (13'/2 years) and brings substantial familiarity with Diamond Bar and our key planning issues. • Arellano Associates (Chino Hills) will formulate the public outreach and communications strategy. Yesenia Arias will serve as project manager for the public outreach tasks. Ms. Arias is also a Diamond Bar resident. • Fehr & Peers (Anaheim and Los Angeles offices) will prepare the transportation and mobility analyses for the Circulation Element and EIR. Fehr and Peers is also one of Diamond Bar's two on-call transportation engineering consultants, and has performed a variety of special studies for the City. • Pro Forma Advisors (Redondo Beach) will provide market, economic analysis and fiscal impact analyses to support assessment of land use alternatives and development of the General Plan. Staff has previously worked with Pro Forma Consulting Services Agreement — Dyett & Bhatia Page 6 partner Lance Harris on the market opportunities analysis for the Honda property when he was Associate Director of Economics at AECOM. • TKE Engineering (Riverside) will evaluate the current and future need for major water, sewer and storm drain infrastructure citywide to support land use alternatives, and provide planning -level cost estimations to assist in the economic/fiscal impact analysis. • Urban Field Studio (San Francisco) will provide urban design services with an emphasis on strategy and design, conceptual architecture, visual communication with the public, and education about the role of urban design. Urban Field Studio will create three dimensioning modeling of prototypical development projects on major opportunity sites, and contribute to the preparation of the proposed Community Character and Placemaking Element. The cost breakdown for each consulting team member, inclusive of all work products comprising the scope of work, is summarized below: FIRM BUDGET D&B $427,400 PCR Services $87,263 Arellano Associates $57,127 Fehr & Peers 147,960 Pro Forma Advisors $76,340 TKE Engineering $59,900 Urban Field Studio $23,665 Total 15% contingency $877,655 $131,648 Grand Total with Contingency $1,009,303 References — D&B had excellent references from previous clients providing similar services/projects. Optional Zoning Ordinance Update —As part of a future General Plan implementation program, the optional zoning code update cost $130,380, which is less than MIG's proposed cost of $160,000-220,000. Based on staffs evaluation of the submitted proposals and interviews with the two planning firms, it is recommended that the City Council authorize the City Manager to execute the proposed contract with Dyett & Bhatia to prepare the Comprehensive General Plan Update for a not -to -exceed total of $1,009,303. Consulting Services Agreement— Dyett & Bhatia Page 7 Prepared by: bra-ce -A— Senior - Attachments: Reviewed by: Greg Gubman, AICP Community Development Director 1. Consulting Services Agreement Dated June 21, 2016 2. Request for Proposals 3. Proposal from Dyett & Bhatia 4. Proposal from MIG Consulting Services Agreement — Dyett & Bhatia Page 8 CONSULTING SERVICES AGREEMENT FOR THE COMPREHENSIVE GENERAL PLAN UPDATE THIS AGREEMENT (the "Agreement") is made as of June 21, 2016 by and between the City of Diamond Bar, a municipal corporation ("City") and Dyett & Bhatia, Urban and Regional Planners, a California corporation. ("Consultant"). 1. Consultant's Services. Subject to the terms and conditions set forth in this Agreement Consultant shall provide to the reasonable satisfaction of the City the services set forth in the attached Exhibit "A", which is incorporated herein by this reference. As a material inducement to the City to enter into this Agreement, Consultant represents and warrants that it has thoroughly investigated the work and fully understands the difficulties and restrictions in performing the work. Consultant represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expertise of its principals and employees. The Community Development Director or his designee (herein referred to as the "City's Project Manager"), shall be the person to whom the Consultant will report for the performance of services hereunder. It is understood that Consultant shall coordinate its services hereunder with the City's Project Manager to the extent required by the City's Project Manager, and that all performances required hereunder by Consultant shall be performed to the satisfaction of the City's Project Manager and the City Manager 2. Term of Agreement. This Agreement shall take effect June 21, 2016 and shall continue unless earlier terminated pursuant to the provisions herein. 3. Compensation. City agrees to compensate Consultant for each service which Consultant performs to the satisfaction of City in compliance with the scope of services set forth in Exhibit "A". Payment will be made only after submission of proper invoices in the form specified by City. Total payment to Consultant pursuant to this Agreement shall not exceed one million, nine thousand, three hundred and three dollars ($1,009,303.00) without the prior written consent of the City. The not -to -exceed amount shall include all costs, including, but not limited to, all clerical, administrative, overhead, telephone, travel and all related expenses, plus a fifteen percent (15%) contingency to cover additional tasks not included in the scope of services at the time this Agreement was executed, and is calculated as follows: Proposed Scope of Services $877,654 15% Contingency $131,648 Total $1,009,303 1 Professional Services - Non Design 1157802.1 4. Payment. A. Consultant shall submit monthly to City an invoice for the services completed, authorized expenses and authorized extra work actually performed or incurred. B. All such invoices shall state the basis for the amount invoiced, including services completed, the number of hours spent and any extra work performed. C. The City will pay Consultant the amount properly invoiced within 35 days of receipt, but may withhold 10 percent of a specific task or deliverable until that task or deliverable is complete, which sum shall be paid within 35 days of completion of the work and receipt of all deliverables. D. Payment shall constitute payment in full for all services, authorized costs and authorized extra work covered by that invoice. 5. Change Orders. No payment for extra services caused by a change in the scope or complexity of work, or for any other reason, shall be made unless and until such extra services and a price therefore have been previously authorized in writing and approved by the City Manager or his/her designee as an amendment to this Agreement. The amendment shall set forth the changes of work, extension of time, if any, and adjustment of the fee to be paid by City to Consultant. 6. Priority of Documents. In the event of any inconsistency between the provisions of this Agreement and any attached exhibits, the provisions of this Agreement shall control. 7. Status as Independent Contractor. A. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent, except as specifically provided herein. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner employees of City. B. Consultant agrees to pay all required taxes on amounts paid to Consultant under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. In the event that City is audited by any Federal or State agency regarding the independent contractor status of Consultant and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between City and Consultant, then Consultant agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto. 2 Professional Services - Non Design 1157802.1 C. Consultant shall fully comply with Workers' Compensation laws regarding Consultant and Consultant's employees. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with applicable Worker's Compensation laws. D. Consultant shall, at Consultant's sole cost and expense fully secure and comply with all federal, state and local governmental permit or licensing requirements, including but not limited to a City of Diamond Bar business license. E. In addition to any other remedies it may have, City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification required by this Agreement or for any amount or penalty levied against the City for Consultant's failure to comply with this Section. 8. Standard of Performance. Consultant shall perform all work at the standard of care and skill ordinarily exercised by members of the profession under similar conditions and represents that it and any subcontractors it may engage, possess any and all licenses which are required to perform the work contemplated by this Agreement and shall maintain all appropriate licenses during the performance of the work. 9. Indemnification. Consultant shall indemnify, defend with counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers ("Indemnitees") from and against all liability, loss damage, expense, cost (including without limitation reasonable attorneys' fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with: (1) Any and all claims under Workers' Compensation Act and other employee benefit acts with respect to Consultant's employees or Consultant's contractor's employees arising out of Consultant's work under this Agreement; and (2) Any and all claims arising out of Consultant's negligent performance of work hereunder or its negligent failure to comply with any of its obligations contained in this Agreement, regardless of City's passive negligence, but excepting such loss or damage which is caused by the negligence or willful misconduct of the City, any Indemnitee or any third party. The Consultant shall promptly pay any final judgment rendered against the Indemnitees. Except for the Indemnitees, this Agreement shall not be construed to extend to any third party indemnification rights of any kind. 10. Insurance. 3 Professional Services - Non Design 1157802.1 A. Consultant shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company authorized to do business in the State of California and approved by the City the following insurance: (1) a policy or policies of broad -form comprehensive general liability insurance written on an occurrence basis with minimum limits of $1,000,000.00 per occurrence with $2,000,000.00 aggregate coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Consultant, its officers, employees, agents, and independent contractors in performance of services under this Agreement; (2) property damage liability insurance is included within the limits of (1); (3) automotive liability insurance written on an occurrence basis covering all owned, non -owned and hired automobiles, with minimum combined single limits coverage of $1,000,000.00; and (4) Worker's Compensation insurance when required by law, with a minimum limit of $500,000.00 or the amount required by law, whichever is greater. B. The City, its officers, employees, agents, and volunteers shall be named as additional insureds on the policies as to comprehensive general liability, property damage, and automotive liability. The policies as to comprehensive general liability, property damage, and automobile liability shall provide that they are primary, and that any insurance maintained by the City shall be excess insurance only. C. All insurance policies shall provide that the insurance coverage shall not be non -renewed or canceled (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City at least ten (10) days prior written notice thereof. Consultant agrees that it will not cancel, reduce or otherwise modify the insurance coverage and in the event of any of the same by the insurer, to immediately notify the City. D. All policies of insurance shall cover the insurable obligations of Consultant pursuant to the terms of this Agreement and shall be issued by an insurance company which is authorized to do business in the State of California or which is approved in writing by the City; and shall be placed have a current A.M. Best's rating of no less than A-, VII. E. Consultant shall submit to City (1) insurance certificates indicating compliance with the minimum insurance requirements above, and (2) insurance policy endorsements or a copy of the insurance policy evidencing the additional insured requirements in this Agreement, in a form acceptable to the City. F. Self -Insured Retention/Deductibles. All policies required by this Agreement shall allow City, as additional insured, to satisfy the self-insured retention ("SIR") and/or deductible of the policy in lieu of the Consultant (as the named insured) should Consultant fail to pay the SIR or deductible requirements. The amount of the 4 Professional Services - Non Design 1157802.1 SIR or deductible shall be subject to the approval of the City. Consultant understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by Consultant as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should City pay the SIR or deductible on Consultant's due to such failure in order to secure defense and indemnification as an additional insured under the policy, City may include such amounts as damages in any action against Consultant for breach of this Agreement in addition to any other damages incurred by City due to the breach. G. Subrogation. With respect to any Workers' Compensation Insurance or Employer's Liability Insurance, the insurer shall waive all rights of subrogation and contribution it may have against the Indemnitees. H. Failure to Maintain Insurance. If Consultant fails to keep the insurance required under this Agreement in full force and effect, City may take out the necessary insurance and any premiums paid, plus 10% administrative overhead, shall be paid by Consultant, which amounts may be deducted from any payments due Consultant. I. Consultant 'IAilshall furnish separate certificates and endorsements for each subcontractor to the City for review and approval. All insurance for subcontractors shall be subject to all of the requirements stated herein. 11. Confidentiality. Consultant in the course of its duties may have access to confidential data of City, private individuals, or employees of the City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. Notwithstanding the foregoing, to the extent Consultant prepares reports of a proprietary nature specifically for and in connection with certain projects, the City shall not, except with Consultant's prior written consent, use the same for other unrelated projects. 12. Ownership of Materials. Except as specifically provided in this Agreement, all materials prepared by Consultant in the performance of this Agreement shall be and remain the property of City without restriction or limitation upon its use or dissemination by City. Consultant may, however, make and retain such copies of said documents and materials as Consultant may desire. 13. Maintenance and Inspection of Records. In accordance with generally accepted accounting principles, Consultant and its subcontractors shall maintain reasonably full and complete books, documents, papers, accounting records, and other information (collectively, the "records") pertaining to the costs of and completion of services performed under this Agreement. The City and any of their authorized representatives shall have access to and the right to audit and reproduce any of Consultant's records regarding the services provided under this Agreement. Consultant 5 Professional Services - Non Design 1157802.1 shall maintain all such records for a period of at least three (3) years after termination or completion of this Agreement. Consultant agrees to make available all such records for inspection or audit at its offices during normal business hours and upon three (3) days' notice from the City, and copies thereof shall be furnished if requested. 14. Conflict of Interest. A. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by Consultant under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement. B. Consultant covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of hardware or software to City as a result of the performance of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. 15. Termination. The City may terminate this Agreement with or without cause upon fifteen (15) days' written notice to Consultant. The effective date of termination shall be upon the date specified in the notice of termination, or, in the event no date is specified, upon the fifteenth (15th) day following delivery of the notice. In the event of such termination, City agrees to pay Consultant for services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written notice of termination, Consultant shall discontinue performing services, unless the notice provides otherwise, except those services reasonably necessary to effectuate the termination. The City shall be not liable for any claim of lost profits. 16. Personnel/Designated Person. Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Consultant or under it supervision, and all personnel engaged in the work shall be qualified to perform such services. Except as otherwise authorized by the City's Project Manager, Sophie Martin shall be the person who primarily performs the work provided under this Agreement. Except as provided in this Agreement, Consultant reserves the right to determine the assignment of its own employees to the performance of Consultant's services under this Agreement, but City reserves the right in its sole discretion to require Consultant to exclude any employee from performing services on City's premises. 17. Non -Discrimination and Equal Employment Opportunity. A. Consultant shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical 6 Professional Services - Non Design 1157802.1 condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement, and will comply with all rules and regulations of City relating thereto. Such nondiscrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. B. Consultant will, in all solicitations or advertisements for employees placed by or on behalf of Consultant state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. C. Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials. 18. Time of Completion. Consultant agrees to commence the work provided for in this Agreement within (5) days of being notified by the City to proceed and to diligently prosecute completion of the work as set forth in Section 2 of this Agreement or as may otherwise be agreed to by and between the Project Manager and the Consultant. 19. Time Is of the Essence. Time is of the essence in this Agreement. Consultant shall do all things necessary and incidental to the prosecution of Consultant's work. 21. Delays and Extensions of Time. Consultant's sole remedy for delays outside its control shall be an extension of time. No matter what the cause of the delay, Consultant must document any delay and request an extension of time in writing at the time of the delay to the satisfaction of City. Any extensions granted shall be limited to the length of the delay outside Consultant's control. If Consultant believes that delays caused by the City will cause it to incur additional costs, it must specify, in writing, why the delay has caused additional costs to be incurred and the exact amount of such cost within 10 days of the time the delay occurs. No additional costs can be paid that exceed the not to exceed amount absent a written amendment to this Agreement. In no event shall the Consultant be entitled to any claim for lost profits due to any delay, whether caused by the City or due to some other cause. 22. Assignment. Consultant shall not assign or transfer any interest in this Agreement nor the performance of any of Consultant's obligations hereunder, without the prior written consent of City, and any attempt by Consultant to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect. 23. Compliance with Laws. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. 7 Professional Services - Non Design 1157802.1 24. Non -Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 25. Attorney's Fees. In the event that either party to this Agreement shall commence any legal or equitable action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees and costs, including costs of expert witnesses and consultants. 26. Mediation. Any dispute or controversy arising under this Agreement, or in connection with any of the terms and conditions hereof, which cannot be resolved by the parties, may be referred by the parties hereto for mediation. A third party, neutral mediation service shall be selected, as agreed upon by the parties and the costs and expenses thereof shall be borne equally by the parties hereto. The parties agree to utilize their good faith efforts to resolve any such dispute or controversy so submitted to mediation. It is specifically understood and agreed by the parties hereto that mutual good faith efforts to resolve the same any dispute or controversy as provided herein, shall be a condition precedent to the institution of any action or proceeding, whether at law or in equity with respect to any such dispute or controversy. 27. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during regular business hours or by facsimile before or during regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section. "CONSULTANT" Dyett & Bhatia Urban and Regional Planners 755 Sansome Street, Suite 400 San Franciso CA 94111 Attn.: Sophie Martin Phone: 415-956-4300 E -Mail: sophie(a)_dyettandbhatia.com "CITY" City of Diamond Bar 21810 Copley Drive Diamond Bar, CA 91765-4178 Attn.: James DeStefano Phone: 909-839-7010 E-mail: J DeStefano(a Diamond BarCA. gov 28. Governing Law. This Agreement shall be interpreted, construed and enforced in accordance with the laws of the State of California. 8 Professional Services - Non Design 1157802.1 29. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument. 30. Entire Agreement. This Agreement, and any other documents incorporated herein by reference, represent the entire and integrated agreement between Consultant and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by a person duly authorized to do so under the City's Purchasing Ordinance. IN WITNESS of this Agreement, the parties have executed this Agreement as of the date first written above. "Consultant" Dyett & l3hatia By: Printed Name: Title: By: Printed Name: Approved as to form: City Attorney "City" CITY OF DIAMOND BAR By: Nancy A. Lyons Mayor ATTEST: City Clerk *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. 9 Professional Services - Non Design 1157602.1 Attachment 2 CITY OF DIAMOND BAR COMPREHENSIVE GENERAL PLAN UPDATE REQUEST FOR PROPOSALS Proposal Submission Deadline: Friday, March 11, 2016 by 4:30 p.m. PST A. Introduction The City of Diamond Bar invites qualified firms to respond to this Request for Proposals (RFP) for the City's comprehensive General Plan Update. The City is seeking a professional team to help with the preparation of a comprehensive revision to the City's General Plan and associated Environmental Impact Report. B. Community Context The City of Diamond Bar is located in the southeast corner of Los Angeles County, at the intersection of Los Angeles, Orange, and San Bernardino Counties. The City is situated at the eastern end of the East San Gabriel Valley, adjacent to State Routes 57 and 60 ("Pomona Freeway") as shown in Figure 1. Diamond Bar began as Rancho Los Nogales (Rancho of the Walnut Trees) after a Spanish land grant in 1840. At its height, it was one of the largest cattle and walnut ranches in Southern California. Until the mid -20th century, this land was alternately combined and divided for various agricultural uses. In 1956, the Christiana Oil Corporation and the Capital Oil Company, a subsidiary of the Transamerica Corporation, purchased the Diamond Bar Ranch. A comprehensive development plan was prepared and approved, making Diamond Bar one of the first master -planned communities in Los Angeles County'. During the 1960s, suburban development spread eastward from the Los Angeles basin, stimulating local housing and population growth as Diamond Bar's open hillsides were replaced with homes. Despite its initial conception as a master -planned community, Diamond Bar was not developed in an orchestrated manner while it remained an unincorporated community. In March 1989, local voters approved incorporation in order to assert stricter control over local development. On April 18, 1989, Diamond Bar became the 861h city in Los Angeles County'. The ethnic composition of Diamond Bar is distinctly different from Los Angeles County as a whole. Recent Census estimates revealed that the City's demographic makeup included 52% Asian and 21 % white, compared to 14% and 28%, respectively, in Los Angeles County. Hispanics comprised about 20% of the City's residents, compared to 48% countywide 2. The City's population is aging. Between 1980 and 2010, the median age for Diamond Bar increased from 27.5 years to 41.0 years. The senior population also grew: the share of the population aged 65 years and above increased from 2% in 1980 to about 11 % in 2010. In terms of actual numbers, the senior population increased from approximately 600 persons in 1980 to nearly 6,500 persons in 2010. It is anticipated that the City will continue -to experience growth in its senior population as the Baby Boom generation transitions into retirement2. Diamond Bar is primarily known as a residential community. Compared to the size of its population, the City has a relatively small employment base. According to recent Census estimates"there were approximately 15,655 jobs in the City compared to about 18,500 housing units. Major employers include Allstate Insurance, Travelers Insurance, South Coast Air Quality Management District, and the Walnut Valley Unified School District. 1 City of Diamond Bar and Diamond Bar Historical Society. Diamond Bar. Charleston: Arcadia Publishing, 2014. Print. 2 City of Diamond Bar 2013-2021 Housing Element. 2014. 3. "Baby Boomers" are those born between 1946 and 1964. In 2011 the first Boomers reached age 65. 4 SCAG based on 2006-2008 Census Transportation Planning Package. Diamond Bar Comprehensive General Plan Update RFP — 2016 Figure 1 megionai L.oeauUn — vfauwuu .,01 n y r�! CO !.fJ�� / j%��I,1 E IF,t a_{w,� �, 5 WALNUT\ g = POMONA�� ` rr• � y'rtl�^r s*a;/ !/may/'it``4 � , ..,. i t !�f t� :,h ` . r � � �!e Jv c \ ILM IFN DIAMOND BAR LL�or `¢Z'(INDUSTRY �` ¢ ;'Sa�4 ��.rni{r'°e C•e�f,, .�. k. �x, � tee s ,� �� . v1�•- Y� -71 J rte- �I r cwwy eeo couHrr I i !r, 1.4 CO I Y ` COUNTY rouwl Diamond Bar Comprehensive General Plan Update RFP — 2016 2 C. Background The City's current General Plan was adopted in July 25, 1995. It is organized by the following elements: Land Use, Housing, Resource Management, Public Health and Safety, Circulation, and Public Services and Facilities. The Housing Element was last updated in January 21, 2014. The vision of the current General Plan focuses on the retention of Diamond Bar's rural "Country Living" atmosphere, preservation of open space resources, reduction of regional traffic impacts on local streets, promotion of viable commercial activity, provision of well-maintained attractive housing, and the creation of a community environment. In the two decades following its adoption, nearly all of the General Plan's goals and objectives have been implemented. Meanwhile, Diamond Bar has grown and matured, and faces the new challenges and aspirations that normally come with the passage of time. Planning concepts considered novel in the 1990s have become mainstream development trends in Southern California and across the nation, and no longer require such catchphrases as "neo -traditionalism" or "new urbanism." The once -abstract principles of sustainability and adaptation to global climate change are now part of local, regional and national environmental regulations and policymaking. Diamond Bar's population is aging, and we may wish to diversify our housing stock further to allow our residents to age in place if they wish to. Our economic sustainability may be at risk unless new strategies are formulated that promote land uses that generate municipal revenues. A comprehensive update of our General Plan would enable us to proactively and opportunistically guide the City through another 20 -year cycle of growth and change. D. Preliminary List of General Plan Update Topics The list of potential topics listed below are focused on the physical factors that define the community's character and quality of life. While some of these items are ongoing projects or part of the community dialog, many are topics which staff proposes to introduce during the visioning process. Items of Primarily Local Interest • Developing economic development strategies, such as refining and reinforcing the City Council's goals and objectives relative to the Honda and Kmart sites, and providing incentives and disincentives to guide the revitalization of our commercial land inventory. • Market Feasibility and Economic Development Strategies - An evaluation of the land use analysis of areas identified for redevelopment, market analysis, economic development strategies, pro forma analysis, funding strategies. • Formulating planning principles for Tres Hermanos • Reuse opportunities for the current Diamond Bar Golf Course property • The "Big Fix' (also known as the 57/60 Confluence Project, including phases not yet funded for or designed) • Impacts of extending Tonner Canyon Road • Mixed Use/Transit Oriented Development - Establishing a TOD zone in the area bounded by the 57/60, Brea Canyon Road, the railroad tracks and Lemon Avenue • Slope management/streetscape unification • Update all of the hazard, biological resource and geologic maps • Neighborhood Preservation Diamond Bar Comprehensive General Plan Update RFP - 2016 • Historic Preservation (including establishing a Mills Act program to protect at -risk historic structures) • Urban Design • Hillsides and open space • Quiet Zones • City image/identity & "Country Living" revisited • Sphere of Influence policies • Aging in place • Fiscal responsibility • Establish an infrastructure master plan • Integration of the Parks Master Plan into the,General Plan • Sustainability policies In addition to including a range of mandatory and optional elements to guide the physical growth and repurposing of our existing land inventory, some contemporary general plans have begun to include more abstract optional elements, such as governance, healthy communities and social equity. Additional topics may be identified by the selected consultant and as part of the public outreach process. Regional Statewide National and Global Issues Affecting Local Land Use Policy • SCAG's Compass Growth Vision • SCAG's 2016-2040 Regional Transportation Plan / Sustainable Communities Strategy • Sustainable Communities and Climate Protection Act (SB 375) • AB 32 and Global Warming Solutions Act • Green Streets • Complete Streets • Stormwater Management E. Scope of Work The selected consultant shall prepare updates to General Plan elements, prepare a master Environmental Impact Report (EIR), conduct public outreach, identify community issues and goals, and prepare background and technical baseline reports. All mandatory elements (Land Use, Circulation, Conservation, Open Space, Safety, and Noise) with the exception of Housing (which is not required to be updated again until 2021), will require a comprehensive update and shall be in compliance with all aspects of State law. The updated Circulation Element, in particular, shall conform to Government Code Section 65302(b)(2). The consultant will be expected to work with City staff, the City Council, the Planning Commission, the General Plan Advisory Committee (GPAC) and stakeholders throughout the project. The project shall be completed within a 24-36 month timeframe. The consultant will address, prepare and/or coordinate the following: GENERAL PROJECT MANAGEMENT • Initiate kick-off meeting. Diamond Bar Comprehensive General Plan Update RFP — 2016 • Provide an overview of community issues, constraints, and opportunities. • Identify contact agencies, stakeholders and individuals. • Refine the scope of work and schedules. • Meeting Facilitation — The scheduling of meetings will be decided in collaboration with the consultant selected, City staff and stakeholders (as necessary). Deliverables: Preparation of materials for and attendance at meetings, preparation of progress reports on General Plan update process, overview of community issues, constraints, and opportunities, revised scope of work and schedules. 2. EXISTING CONDITIONS — Provide an examination of current physical, natural, and economic environments of the City. Consultant shall research all pertinent land use -related records available at the City and communicate on a regular basis with appropriate outside agencies and City staff in compiling an initial inventory and database of existing conditions. The consultant shall conduct a thorough review and analysis of land use, environmental, fiscal, social, educational, cultural, political and economic factors, so as to gain an understanding of the important trends and issues that have a bearing on the future. In addition to reviewing existing data, the consultant will be expected to compile additional data based on necessary field research or other required research. The work plan shall identify the types of data to be prepared, which shall include, but not be limited to, base maps and an inventory/summarization of the following: • General land use patterns checked against internal records, circulation system, and public infrastructure conditions. • Open space, recreation, schools, libraries, cultural, civic and park facilities. • Housing, population, demographic and social characteristics. • Economic conditions and factors, base market analysis, economic multiplier effects on City economy. • Local business conditions, including recent commercial and industrial development trends. • Prevailing physical constraints and opportunities (transportation systems, infrastructure conditions/capacities, etc.). • Growth patterns. • Prevalent community identities. • Crime statistics by neighborhood. • Any other data deemed relevant to complete the project. Deliverables: Prepare Existing Conditions summary to include a summarization and overview of findings, compilation of database/base maps on hardcopy and electronic media, basic assumptions and working outline for the General Plan and raw baseline data for the environmental assessment. 3. OPPORTUNITIES AND CONSTRAINTS — Based on the tasks above, an analysis identifying and prioritizing those community issues, constraints, and opportunities. Analyze key challenges and constraints to set the stage for alternatives and policy formulations.. Deliverables: Prepare Opportunities and Constraints summary. 4. ASSIST IN THE FORMATION OF A CITIZEN GENERAL PLAN ADVISORY COMMITTEE Diamond Bar Comprehensive General Plan Update RFP — 2016 5 (GPAC) — As part of this process, the consultant shall assist with the formation of the GPAC makeup. The GPAC will be responsible for guiding the work of the General Plan Update, and for making recommendations to the Planning Commission. The GPAC may include, but not be limited to, members of the City Council, Planning Commission, stakeholders, etc. 5. PUBLIC OUTREACH - Series of Public Open Houses/Workshops shall be held with various stakeholders, the community, GPAC and City staff. The consultant shall provide a highly skilled facilitator to encourage public participation and discussion at these meetings and who can assist the City in building consensus and resolving conflict, keep large groups on track, and help ensure that all opinions are heard. Deliverables: • Attendance and facilitation of discussions at public open houses/workshops, GPAC study sessions, other public meetings, and summaries of public comments and discussions by commissions/committees/GPAC after each meeting and study session: • Large-scale exhibits for public open houses/workshops. • Awebsite managed by the consultant on the General Plan Update process to keep the public informed on the progress of the project. 6. INFORMATIONAL AND BACKGROUND TECHNICAL REPORTS - Preparation of background technical reports by qualified technical experts in the following areas: • Air Quality • Biological Resources • Fire Protection • Geology and Seismicity • Hazardous Materials • Hydrology, Flood and Watershed • Neighborhood Character — Identification based on generally accepted criteria • Noise • Traffic and Circulation • Urban Runoff Stormwater Discharge • Public Safety • Infrastructure • Other technical background reports as deemed appropriate or advisable Deliverables: Technical baseline reports in each of the above study areas. Information from these reports will be incorporated into the General Plan and the project's Environmental Impact Report (EIR). 7. DRAFTING AND UPDATE OF GENERAL PLAN ELEMENTS — The consultant shall evaluate the City's existing policies and land use patterns and recommend adjustments deemed appropriate. A report shall be prepared addressing recommendations including their feasibility, potential impacts, ramifications and outcomes. From this analysis, the consultant shall develop a series of policy and land use recommendations to be considered for incorporation into the General Plan. Elements shall conform to the most current General Plan Guidelines prepared by the State Office of Planning and Research (and consider pending changes to the State Guidelines) and relevant state legislation and regulations. Each draft Element shall contain text, Diamond Bar Comprehensive General Plan Update RFP — 2016 diagrams and documentation material sufficient to demonstrate its scope and intent and shall be internally consistent with the balance of the General Plan. Goals, objectives and policies shall be stated clearly and in a manner easily understood by the general public. A Table of Contents shall be provided for the entire document, which includes a comprehensive list of tables, figures, maps, etc. Textual data provided in each element should be supplemented with graphics consisting of maps, drawings, charts and tables. All data sources utilized to prepare the Plan text and graphics shall be documented, referenced and included in the Plan. The final work plan shall identify the types of graphics to be provided in the General Plan, as well as the types of large scale colored exhibits to be prepared for workshops and public hearings (e.g., opportunities and constraints map, circulation plan, and summary map(s) which address vacant lands, open space, parks, public facilities and infrastructure, topographic features, noise footprints, seismic, tectonic and flood hazard areas and other appropriate illustrations of the General Plan). The selected consultant will be expected to recommend additional optional elements taking into account current trends, consultant insights relevant to the City of Diamond Bar and efficacy of such elements in other communities. Deliverables (quantity and format TBD): • Report containing policy and land use recommendations and implementation measures • Draft General Plan Elements 9. ENVIRONMENTAL IMPACT REPORT - Preparation of an EIR that fully complies with the California Environmental Quality Act (CEQA). Coordination of all aspects of the environmental review process for the General Plan update including preparation of the Draft EIR, mitigation measures and mitigation monitoring program, which shall be integrated into the General Plan Implementation program as appropriate. The EIR shall provide a baseline database and thresholds for the subsequent evaluation of projects consistent with the adopted General Plan. The EIR shall contain analyses and maps of environmental constraints including hazard areas, sensitive habitat, traffic, noise, etc. Policy and implementation programs shall be assessed for their impacts, and mitigation measures shall be identified. Future project reviews and project -level CEQA analyses should be able to rely on a current Master EIR and updated environmental constraint maps. Deliverables (quantity and format TBD): • Initial Study and Notice of Preparation • Screen Check EIR • Draft EIR • Response to Comments • Final EIR • Mitigation Monitoring Program • Technical baseline reports • Other applicable CEQA requirements 9. FISCAL ANALYSIS OF GENERAL PLAN - Preparation of a general fiscal benefit and cost analysis to determine the overall long term fiscal implications of the General Plan. The study should provide the necessary levels of service required for the community, the fiscal feasibility of providing those levels of services, and any fiscal tools, policies, and procedures that might be available to assist the City in achieving its long term fiscal health. Diamond Bar Comprehensive General Plan Update RFP — 2016 Deliverables: Completion of report on cost/benefit analysis of policies and implementation measures contained in the General Plan, and recommended tools, policies and procedures to ensure long term fiscal health of City. The studies shall include the preparation of a Fiscal Impact Analysis to assess projected revenues to the City and other agencies derived from the update and the costs for providing services over a 20 -year in a net annual and on a cumulative basis. Additionally, the Fiscal Impact Analysis will establish a baseline of current revenue generation and evaluate the potential impact of the update on that revenue generation. The studies shall also include the preparation of other economic, financial, and market information related to land use development. In addition, the studies shall include the relationship between development incentives/density bonuses for community/public benefit. 10. FACILITATION OF PUBLIC REVIEW OF DRAFT DOCUMENTS, PUBLIC HEARINGS AND FINAL ADOPTION - Development of a program to encourage public review of draft General Plan elements and EIR, and assist City staff at public hearings before the Planning Commission and the City Council. Deliverables: Facilitation of public discussion on the draft elements and EIR at public study sessions, Planning Commission/City Council meetings, through the City's website, and by other outreach methods as appropriate, and preparation of materials for and attendance at Planning Commission and City Council hearings. 11. PREPARATION OF FINAL DOCUMENT - Final General Plan and Implementation Program incorporating all changes adopted by the City Council. Based on the goals and values of the community, the proposed update will provide a long-term framework for good decision making far into the future. It will provide flexibility for changes in the City's economy and land use, and establish goals, policies, and objective to measure progress towards attaining the community's goals for the overall development of the City. Deliverables: • One electronic copy of all documents (PDF and Word/Excel Versions) • Adopted General Plan in Paper Format - 50 copies and 1 camera-ready copy • Adopted General Plan on labeled CD - 75 copies • Color Land Use Element Exhibit (1" = 2000') - 25 hard copies, 1 PDF and 1 JPG file • Editable GIS files (format as outlined in Work products section below) for all maps and associated data files (i.e. shapefiles) • Editable computer files (Adobe file formats for Illustrator or InDesign) for all graphic illustrations Note: Number of copies and format of these deliverables is preliminary and may be adjusted as necessary. 12. OPTIONAL WORK PRODUCT - The City is also seeking optional proposals for a Comprehensive Zoning Code Update. This proposal should be separate from the General Plan Update proposal. The City does not currently have funding for this optional work product but would like proposals in order to work towards its funding. The following is a description of the optional work product: Diamond Bar Comprehensive General Plan Update RFP - 2016 The City of Diamond Bar's Zoning Code (the "Development Code") became effective in December 1998. Since then, several amendments to the Development Code have been adopted. As staff implements the Development Code, it becomes evident from time to time that amendments are needed to better serve the City, residents and the development community, or to comply with changes in State law or case law. The purpose of the update is not necessarily to modify existing development standards or review processes but to reword some of the standards to make the requirements clear, organize the Code to allow for a user -friendlier document and to implement any new policies that are adopted as part of the General Plan update. It is anticipated that the Zoning Code Update would occur following the completion of the General Plan Update. The proposal should include a discussion of your experience in crafting form -based codes, and a professional opinion of the appropriateness of a form -based approach in the City of Diamond Bar. F. Evaluation Process and Criteria In order to be considered for selection, the responding individuals or firms shall submit a proposal using as a minimum the following criteria, which shall be scored by representatives from the City of Diamond Bar: 1. Letter of Introduction (1 Point) • A letter of introduction signed by an officer authorized to contractually bind the firm. • The firm(s) shall state why it believes it is qualified to provide the services described in this RFP. • If submitting as a team, note which team member is the prime consultant or lead joint venture partner (if applicable). • Include the name and resume of the individual leading the team. 2. Firm Information and Qualifications (33 Points) • Number of years the firm(s) has been in business. • Location of principal office that will be responsible forthe implementation of this contract, and the distance from the City of Diamond Bar. • List company and individual team members experience in providing similar services. Resumes for each team member shall be provided as well as recent and pertinent references, contact names, telephone numbers and addresses. • Provide a statement demonstrating your firm's or teams ability to accomplish the scope of services in a thorough manner to meet needs of the City. Specifically, cite recent and relevant experience in completing similar projects. Summarize the approach, activities and timeline that best reflect the firm's philosophy and technical capabilities. 3. Scope of Work (33 Points) 4. Professional Services Fees (33 Points) Provide a proposal of the total fees proposed for this work and a listing of other estimated direct costs. Provide a listing of hourly rates for service. Provide a matrix describing the allocation of hours assigned for each major work task and the personnel assigned to accomplish each task. Diamond Bar Comprehensive General Plan Update RFP — 2016 • Add a 15% contingency into the budget for unexpected work requests. G. Submittal Requirements The following must be included in all proposals submitted to the City: • Copies of Submittals — Fifteen printed copies of the proposal and one copy of the proposal in PDF file format must be submitted by the deadline shown in this RFP. • Cover Letter - A cover letter signed by an individual authorized to bind the proposing entity to the proposal for a period of 90 days. • Statement of Understanding - A statement of understanding of the project and project approach which outlines the consultant's understanding of the relevant issues which are to be addressed in the preparation of the General Plan and recommendations for the overall scope. • Scope of Services - Detailed scope of services providing information on all of the proposed work tasks to be completed as part of the project and which are identified in this proposal. Also include any additional recommended tasks. The City is interested in a proposed scope of work that is based on the consultant's experiences and one which is cost effective. • Proposed Schedule — An estimated time schedule of actions covering phases of the General Plan update process. Each action item must identify the applicable product/document, the responsible parties, and the time frame for completion. • Team Organizational Chart — An organizational chart of team members, showing the responsibilities of the different team members, and who will be responsible for general project management. Any substitution of key personnel during the project shall require the prior approval of the City and submittal of the above information for the proposed new team members for City review. • Budget - A detailed budget showing costs per each discrete task shown in the scope of services, plus the cost of any reimbursable items. The costs shall be in a "menu" format to permit each item's cost to be identified. The costs should be represented in a format that permits identification of the total cost for each phase of the project, as well as subcomponents within each phase. • Additional Information — Any additional references or information that you would like to submit that would reflect on your team's ability to provide the services described in this RFP. Upon receipt of proposals, each consultant shall be presumed to be thoroughly familiar with all specifications and requirements of this proposal. The failure or omission to examine any form, instrument, or document shall in no way relieve consultants from any obligation in respect to this proposal. City shall not be liable for any pre -contractual expenses incurred by consultants in the preparation of the proposal. Pre -contractual expenses shall not be embedded in the fee proposal. Diamond Bar Comprehensive General Plan Update RFP — 2016 10 Faxed or emailed proposals will not be accepted. Late proposals will not be accepted. With regard to any proposal sent by mail to the City, the consultant shall be solely responsible for its delivery to the City prior to the date and hour set forth herein. Any proposals received subsequent to the date and hour set forth herein, because of delayed mail delivery or any other reason, will not be considered by the City. The City of Diamond Bar reserves the right to accept or reject any or all proposals received or to cancel all or part of the RFP. H. Instructions and Questions Questions regarding this Request for Proposal should be directed in writing only to the person designated below. Questions and responses may be made available to all potential proposers. Submittals shall be delivered by the deadline to: Grace S. Lee, Senior Planner City of Diamond Bar, City Hall 21810 Copley Drive Diamond Bar, CA 91765 Phone: (909) 839-7032 Fax: (909) 861-3117 Email: GLee@DiamondBarCA.Gov I. Proposal Schedule (Estimated) RFP Mailing Date....................................Monday, February 1, 2016 Proposal Due Date..................................Friday, March 11, 2016, 4:30 p.m. PST Interviews ..............................................Tuesday, March 29, 2016 (tentative) Award of Contract .................................Tuesday, May 3, 2016 City Council Meeting (tentative) Deadline for submittal is Friday, March 11, 2016, on or before 4:30 p.m. PST. Late submittals or electronically submitted copies will not be accepted. Please deliver proposals to: City of Diamond Bar, City Hall Attn: Grace S. Lee, Senior Planner 21810 Copley Drive Diamond Bar, CA 91765 J. Acceptance of Terms and Conditions Submission of a proposal pursuant to this RFP shall constitute acknowledgement and acceptance of all the terms and conditions set forth in the RFP, unless otherwise expressly stated in the proposal. 1. Inclusion of Proposal - The proposal submitted in response to this RFP will be included as part of the final contract with the selected consultant team. 2. Accountability — The consultant team will be required to submit monthly status reports covering such items as the progress of work, milestones achieved, resources expended, problems encountered, and corrective action taken. Diamond Bar Comprehensive General Plan Update RFP — 2016 11 3. Project Status Meetings — The consultant project manager shall attend project status meetings twice a month, or as otherwise determined necessary by the City, during the course of the project. 4. Insurance — The consultant team shall not start work until all required insurance documentation is submitted to the City. The primary consultant shall be responsible for submitting insurance documentation for all sub -contractors. 5. Acceptance and Payment Terms — Payments for the work performed shall be based on defined deliverables such as background and technical reports, summary reports, draft General Plan elements, draft EIR, and final documents. 6. Costs —All costs shall be stated as "not to exceed" amounts. The costs must be detailed specifically in the cost summary section of the proposal and include billing rates for personnel, printing, attendance of a public meeting, and any other cost anticipated. No additional charges for items such as transportation, out-of-pocket expenses, etc., will be paid unless these are specifically included in the proposal. The cost information should be written so that it may be incorporated, as modified during the contract negotiation meetings, as an attachment to the consultant agreement. K. Contractual Requirements Prior to the award of any work, the City and the selected consultant team shall enter into a written contract. The City will negotiate the contract with the preferred team of consultants based upon the team's proposal. The contract will be presented to the City Council for approval. If the City and the prospective consultant team fail to reach a contractual agreement, the City may negotiate with any other top -selected consultant team. A copy of the City's Professional Services Agreement is attached (Attachment A). The consultant proposal, this RFP, and all subsequent modifications to either document will be included as appendices to the contract. The consultant must identify and explain any proposed changes or exceptions to the language and content of the Agreement in the response submitted. If no changes or exceptions are noted by the consultant, then the consultant agrees to be bound by, and thereby represents its ability to satisfy all terms of the Agreement, if selected. Diamond Bar Comprehensive General Plan Update RFP — 2016 12 ■ Proposal for the City of Diamond Bar Comprehensive General Plan Update Submitted by Urban and Regional Planners March 11, 2016 with Fehr & Peers Arellano Associates PCR Services Pro Forma Advisors TKE Engineers Urban Field Studio ■ DYETT & SHATIA Urban and Regional Planners March 11, 2016 Grace S. Lee, Senior Planner City of Diamond Bar, City Hall 21510 Copley Drive Diamond Bar, CA 91765 Re: City of Diamond Bar Comprehensive General Plan Update Dear Ms. Lee, We are enthusiastic about submitting this proposal for the City of Diamond Bar General Plan Update. Strategi- cally located along transportation crossroads, Diamond Bar is a distinctive community in eastern Los Angeles County. Diamond Bar's positive attributes have attracted significant growth over the past two decades, and the city is well regarded for its quiet residential neighborhoods, parks and open space, and great schools. The city's existing General Plan dates back to 1995, and new challenges and opportunities have arisen in recent years. The General Plan Update will need to engage the community in a collaborative, participatory process to chart a course for the future. The updated General Plan will address priorities for the next two decades, and enhance the economy and the community's quality of life. It will include strategies to realize the community's vision for the future, and an update to the City's Zoning Ordinance for consistency with the General Plan, an optional task, can serve as a key implementation tool. This project interests us tremendously because it builds upon our twin strengths in preparing general plans and zoning ordinances for communities throughout California. We offer: • Exceptional General Plan Expertise. Dyett & Bhatia (D&B) is the California leader in general plan work. We have prepared general plans for more than 60 cities and comities across the state, including more than 20 communities in the last ten years, which have all been cut from whole cloth. We are currently leading eight comprehensive general plan updates throughout the state, including several Bay Area communities and a number of Central Valley cities, as well as San Diego and Redlands in Southern California. In many of these Plans, we have addressed issues of economic development and fiscal viability; jobs/housing balance; urban design; hillside open space preservation; multimodal mobility; and health and sustainability. For virtually all of them we have also prepared the EIRs, ensuring strong planning/environmental correlation. • National Leadership in Zoning. D&B offers unsurpassed national expertise in preparing zoning regula- tions. Current and recent clients for zoning regulations in Southern California include Burbank, Beverly Hills, Los Angeles County, Orange County, and San Gabriel; as well as Palmdale (transitorientedregu- lations), and San Bernardino (signs). Current zoning clients elsewhere include Richmond (comprehensive update), Santa Cruz (corridors), Portland, OR (citywide mixed use and single-family residential regulations), and Honolulu (citywide station area regulations). Our zoning expertise extends to all approaches, including Form -Based codes. Project Team Dyett & Bhatia will lead all aspects of the General Plan Update, EIR, and potential Zoning Ordinance Update, and provide overall project management. Our partners on this project bring familiarity with Diamond Bar, experience with plans and similar technical issues for peer cities, and substantial expertise in their fields. They include: 755 Sansome Sc, Suite 400 T415 956 4300 San Francisco, CA 94111 F 415 956 7315 www.dyettandbh at! a. coir • Fehr & Peers. With multiple offices in Southern California, including Los Angeles, Anaheim, and Riverside, Fehr and Peers will lead transportation planning. Fehr & Peers has worked with Dyett & Bhatia on a dozen general plans and are currently providing Diamond Bar with a variety of transportation services. • Arellano Associates. Arellano Associates will lead community outreach and facilitation. Based in Chino Hills, the firm specializes in innovative and effective public participation programs. • PCR Services. PCR Services will lead the Environmental Impact Report, drawing upon expertise of its 50 -strong staff and prior EIR experience in Southern California and deep familiarity of its leadership with Diamond Bar. The firm has offices in Irvine, Pasadena, and Santa Monica, • Pro Forma Advisors. Pro Forma Advisors, whose senior staff bring experience analyzing sites in Diamond Bar, will perform market analysis, economic feasibility, and fiscal impact analysis. Pro Forma Advisors is based in Redondo Beach. • TKE Engineering, Inc. TKE will perform wet utility analysis, including water, wastewater, and stormwater facility analysis. TKE has substantial experience in public works engineering, especially in Southern Cali- fornia, and prepared Diamond Bar's Parks Master Plan. • Urban Field Studio. Bringing extensive urban design and architecture knowledge, Urban Field Studio, based in the Bay Area, will provide site testing of potential opportunity sites. Urban Field Studio is currently part- nering with D&B in a similar capacity for the cities of Belmont, Santa Cruz, and Livermore. If selected, Dyett & Bhatia partners will directly lead the project: Sophie Martin, AICP, Principal will manage the General Plan and FIR, assisted by Participating Principal Rajeev Bhatia, AICP ASLA. If the City chooses to pursue it, Michael V. Dyett, FAICP, Participating Principal, will lead the Zoning Ordinance. their resumes are in Appendix A. As a firm owner, Ms. Martin is authorized to make decisions on behalf of the firm and is committed to the project for its entire duration. Steve Nelson, Principal of PCR (and former Diamond Bar Planning Commissioner) will assist with preparation of the EIR. We offer a commitment to community-based, innovative planning, and a proven track record of taking plans to adoption within specified timeframes and budgets. The caliber of our work is evidenced by 12 awards from the American Planning Association in the past five years for work from our one office in San Francisco. We look forward to the opportunity to work with you. This proposal shall remain valid for a period of 90 days from the date it is submitted to the City (March 11, 2016). Cordially, DYETT & BFIATIA, URBAN AND REGIONAL PLANNERS Sophie Martin, AICP, Principal Sophie@dyettandbhatia.com, (415) 956-4300 x16 1 STATEMENT OF UNDERSTANDING.......................................................1-1 1.1 Background and Key Objectives.............................................................1-1 1.2 General Plan Approach............................................................................1-7 Crafting the General Plan.......................................................................................... 1-7 Environmental Review............................................................................................. 1-10 Zoning...................................................................................................................... 1-12 1.3 Engaging the Community....................................................................... 1-14 2 FIRM INFORMATION AND QUALIFICATIONS........................................2-1 2.1 Firms and Roles ........................ ............................................................... 2-1 2.2 Project Staffing & Team Organization...................................................2-1 Dyett& Bhatia............................................................................................................ 2-1 Sub -Consultant Leadership...................................................................................... 2-2 2.3 Organization Chart............................................................. ..................... 2-2 2.4 Team Qualifications.................................................................................2-3 Dyett& Bhatia............................................................................................................ 2-3 References............................................................................................................... 2-41 Sub-Consultants...................................................................................................... 2-42 3 SCOPE.......................................................................................................3-1 3.1 Proposed Scope of Services .......................................... ....... ............ ...... 3-1 Phase I: Project Initiation, Visioning, and Issue Identification ................................. 3-1 Phase Il: Options and Strategies............................................................................... 3-7 Phase III: Draft and Final Documents...................................................................... 3-10 Phase IV: Implementation (Optional)...................................................................... 3-16 3.2 Schedule.................................................................................................3-19 4 BUDGET...................................................................................................4-1 4.1 Cost Proposal ........... ................................. ............. .................................. 4-1 APPENDIXA.............................................................................................A-1 A.1 Key Personnel......................................................................................... A-1 A.2 Resumes................................................................................................... A-6 1.1 BACKGROUND AND KEY OBJECTIVES Tucked in the hills of the eastern San Gabriel Valley in Los Angeles County, the city of Diamond Bar is well regarded for its high quality of life. Originally settled as a walnut and cattle ranch in the 1840s, Diamond Bar has transitioned impressively from its rural past. Since incorporating in 1989, the city has grown in size and population while maintaining its desirability. Quiet residential neighborhoods are interspersed with parks, open space, and recreational amenities, and great schools serve families with children. Diamond Bar also enjoys close proximity to Orange, Riverside, and San Bernardino counties, with easy connections to these major economic markets provided via several business freeways and commuter rail. The city's current General Plan dates back to 1995, and the time is right for Diamond Bar to under- take a comprehensive update to its Plan—ensuring that it reflects current conditions and relevant goals STATEMENT OF UNDERSTANDING as the city continues to evolve. This is an important and unique opportunity for the community today to define its vision for the future, clearly articulate goals and priorities, and to put in place policies that will guide development and investment over the next two decades. The topics below outline our preliminary under- standing of the City's objectives for the General Plan Update and present our approach to addressing the key issues for the assignment. Working with the community and decision -makers to articulate a vision for the city, and translating this vision into a viable implementation program. The City's current General Plan focuses on retaining rural "country living," and in the two decades since its adoption, many of the Plan's goals and objectives have been achieved. The city is now primarily built out and faces new challenges and opportunities asso- ciated with sustaining and maintaining what has been built and promoting infill development. the General Its many quiet residential neighborhoods, parks, and open spaces contribute to Diamond Bar's high quality of life. 1-1 PROPOSAL FOR THE CITY OF DIAMOND BAR Through the General Plan Update process, the community will articulate a vision for the future of the city. The General Plan will translate this vision into a viable implementation program supported b y goals and policies. Plan Update provides Diamond Bar with a moment to reflect upon its vision for the future. The perspectives of community members, decision -makers, City staff, and other stakeholders will provide the foundation for the General Plan Update's, land use framework, programs, and policies. Our recommended approach to community engagement is described more fully in Section 1.3. Placemaking to foster quality of life and economic growth. As Diamond Bar looks ahead to an era of infill rather than outward growth, it will be critical that the new General Plan considers land use alter- natives that can achieve the community's goals and objectives. Diamond Bar has a number of opportu- nity sites that can be strategically planned, such as the Honda, Kmart, Diamond Bar Golf Course, and Tres Hermanos sites, as well as the potential transit -ori- ented development area near Industry Station. Devel- oping planning principles for these sites and deter- mining how they fit into the community's vision — whether as recreational open space, mixed use activity centers, or employment hubs — will be an important task for the General Plan Update. Sites that are identified for possible change can play a pivotal role in fostering community identity, con- tributing to the city's fiscal "bottom line," and creat- ing special places with concentrated activity, intensity, and a mix of land uses. Through careful evaluation of the key sites identified for potential redevelopment, including market analysis, site development testing, pro forma analysis, and funding strategies, the Gen- eral Plan Update will establish visions for these sites that achieve the community's goals and are grounded in economic reality. Dyett & Bhatia's strategy will draw on our extensive experience with infill -focused general plans, including most recently for General Plan updates for the cities of Belmont and Carlsbad. We propose to introduce a new General Plan element, Community Character and Placemaking, which will speak directly to these issues. The element will pro- vide goals and policies related to urban design and preservation of neighborhoods; provide guidance for public realm improvements on major corridors, opportunity sites, and other shared spaces; and offer specific objectives and visions for potential redevelop- ment areas, rooted in the massing and fiscal analyses performed in earlier tasks. 1-2 Enhancing the City's fiscal and economic health. Strategies to promote economic growth and retain existing businesses will be an important component of this General Plan. We will evaluate how the City can broaden its economic base, add more local jobs, and find the right balance of residential and non- residential orresidential development while maintaining adequate public facilities and amenities. Market assessment of various economic sectors and a comprehensive fiscal impact analysis (including evaluation of alternatives) will address these questions. Opportunities for new commercial and mixed use development, including potential development proj- ects on the Honda, Kmart, and Diamond Bar Golf Course sites, will be explored in detail through site development testing and market feasibility studies. We will also consider infrastructure capacity, road- way improvements, park ratios, police and fire stan- dards, school sites, and other standards and thresh- olds to understand the General Fund implications of different development strategies, and likely impli- cations of paying for and maintaining city infra- structure and services. Policies and programs in the new General Plan will identify funding mechanisms and other options to stabilize and enhance existing resources and guide Plan implementation. Retooling the community for an aging population. Similar to many cities in Southern California, Dia- mond Bar's population is growing older. the median age increased from 36 in 2000 to 41 in 2014, and the size of the population over the age of 65 has increased substantially during the same period. In the coming decades, the population of seniors in Diamond Bar is likely to grow This means that Diamond Bar's neigh- borhoods must be retooled to meet the needs of an aging population—from appropriate housing stock to encouraging active and independent living, and pro- viding access to amenities and services. There is much that the City can do in the General Plan to ensure that the city meets the needs of its aging population, in terns of land use arrangements, mobility, access to services and health care, and recreation. Comprehensive General Plan Update Though Diamond Bar is primarily a built out community, there are a numberof key opportunity sites in the city, such as the Diamond Bar Golf Course, the closed Honda dealer- ship site, and the closed Kmart site, shown above. Through market analysis, site testing, and pro forma analysis, the General Plan will establish visions and implementation straregies forihese sites to achieve the community's goals. 1-3 PROPOSAL FOR THE CITY 012 DIAMOND BAR In order to address these challenges, and the chal- lenge of sustaining the city overall in the coming decades, we propose to introduce a second additional element: Community Health and Sustainability. This element would focus specifically on various aspects of public health and equity, including food access, active transportation, public health indicators, economic opportunity, and access to services; and other cross- cutting sustainability concepts ensuring that the City is equipped to adapt and respond to various social, economic, and environmental forces over time. Dyett & Bhatia practices an integrated approach to sustainable community development. We believe that 1-4 o ung d omn.a�r.:,r bnnm.s. i an. Emeryville Sustainability Element smart community design and planning can reduce barriers to success for participants in the local econ- omy, improve quality of life and community health, and simultaneously preserve and protect environ- mental resources, especially when all of these chal- lenges are addressed in parallel throughout the plan- ning process. Dyett & Bliatia also brings exceptional experience in integrating public health consider- ations into general plans we prepared the very first adopted General Plan Public Health Element (for the City of San Pablo in 2011), which also won a National Award from the American Planning Association. Fit with a Diverse and Changing Population. Dia- mond Bar has an incredibly diverse population, and it has become more so in the last 15 years - and since the General Plan was last updated. The table at right shows some of the demographic characteristics in 2000 and 2014. While the size of the population did not grow during this period, the racial composition of the city changed. For instance, the number of Asian residents has increased to over half of the population; within this group, about 25 percent of the city's popu- lation is Chinese and 10 percent is Korean, with other groups represented in smaller numbers. While changing demographics do not necessarily affect land use per se, it is important that the General Plan reflect the values of the entire population. Dif- ferent cultures often have different preferences and priorities for everything from design and program- ming of public spaces to perceptions of public safety to housing types and distribution. To that end, it is critical that our public engagement process actively reaches out to all sectors of Diamond Bar's popu- lation—both residents and business owners—and meaningfully incorporates input. And while we need Comprehensive General Plan Update Source: 2000 Census and 2014 American Community Survey What types of community amenities, commercial establishments, and housing do members of the Diamond Bar commu- nity desire in their vision for the city's future? The General Plan Update process will strive to engage all segments of the Diamond Bar population in the public engagement program to identify shared values and priorities. t-5 Characteristic 2000 2014 Total Population 56,287 56,259 Race* Asian 42.8% 51.5% Chinese 17.9% 24.9% Korean 9.9% 70.0% Other Asian 14.9% 16.6% Black 4.8% 3.6% Hispanic (Any 18.5% 20.5% Race) White 41.0% 33.0% 'Note: Percentages do not equal 100 percent because "More than One Race is not shown and because those identifying "Hispanic" can be of any race. Source: 2000 Census and 2014 American Community Survey What types of community amenities, commercial establishments, and housing do members of the Diamond Bar commu- nity desire in their vision for the city's future? The General Plan Update process will strive to engage all segments of the Diamond Bar population in the public engagement program to identify shared values and priorities. t-5 PROPOSAL FOR THE CITY OF DIAMOND BAR to recognize difference, the planning process should also seek to identify areas of shared values and priori- ties, which can build a plan with broad support in the community. Dyett & Bhatia's planning staff reflects the diversity of Diamond Bar, with fluency in Manda- rin, Hindi, Spanish, and other languages, and ability to communicate with the population. Fostering Complete Streets, Improving Multimodal Mobility, and Completing Transportation Facility Irnprovements. With convenient access to important regional freeways, it is no surprise that 95 percent of Diamond Bar residents drive alone or carpool to work. Heavy congestion and roadway safety are top concerns, and many of the City's transportation prior- ities are focused on mitigating traffic congestion. '11c first phase of the SR 57/60 Confluence Project recently broke ground to increase capacity, relieve congestion, and enhance safety on the stretch of freeways where SR 57 and SR 60 converge in Diamond Bar. While funding has been secured for phase two of the project, funding for the third and largest phase of the proj- ect has yet to be identified. Supporting this and other transportation facility improvements, and identify- ing implementation and funding strategies, will be an important component of the Circulation Element in the General Plan Update. However, while many residents use their cars to get around, Diamond Bar also has shown a commitment to expanding use ofwalking, biking, and transit in the city. Some of the city's streets already accommodate multiple modes of travel, including bike lanes on some arterials and sidewalks on many residential streets. In addition, Diamond Bar is served by several public transit agencies, and the City has identified an area for potential transit oriented development near the Industry Station for Metrolink. Our focus for updat- ing the Circulation Element will be on thoroughly integrating Complete Streets policies into a coher- ent framework that clearly shows the relationship between all modes — strengthening connections from the Metro station to nearby neighborhoods and desti- nations; facilitating transfers between transit modes; managing truck traffic; expanding bikeways so that they link more destinations and are safe for users of all ages; and identifying necessary roadway improve- ments to serve the city — while ensuring that they are designed appropriately to serve multiple user types. With the Plan's direction and policies, the City will be able to improve the quality of life for residents and employees through greater connectivity, safety in transportation, and mobility choices. In addition, with the passage of SB 743, this update provides the City with the opportunity to consider expanding use The General Plan Update will address roadway infrastructure projects, such as the 57/60 Confluence project, and enhance- ments to transit service in Diamond Bar. Policies in the General Plan will ensure thar the city's streets include facilities to support multiple transportation modes, such as sidewalks for pedestrians. 1-6 Comprehensive General Plan Update of alternatives to traffic level of service in determining on capital facilities, public services, and the natural transportation impacts and standards for improve- ments, and establishing a comprehensive program of complete streets connecting neighborhoods, destina- tions, and transit. Coordinating with regional planting initiatives and State mandates regarding sustainability, GHG emis- sions, and environmental concerns. In response to State .and regional planning initiatives on environ- mental concerns (such as AB 32, SB 375, etc.), the City has identified the need to introduce sustainability into the General Plan Update. We believe that sustainabil- ity is not a separate "plug in" to the General Plan, but rather that cities can most effectively achieve sustain- ability if it is woven holistically throughout the Plan. In addition to climate change and ensuring that the City can meet State objectives for greenhouse gas reductions, the General Plan should address environ- mental and resource sustainability, energy efficiency, water conservation, natural drainage and stormwater management, seismic and geological hazards, conn numity health, social equity and economic prosperity, and emergency preparedness. 1.2 GENERAL PLAN APPROACH Craf ling the General plan At Dyett & Bhatia, we believe that plats -making is a collaborative process that involves decision -makers, the public and staff. We use the best tools available for research and analysis and are adept at synthesiz- ing a wide range of information into choices that are logical and understandable. 'through our work we seek to give form to community aspirations and foster places that are vital, livable, and reflect environmental stewardship. Our work is responsive to physical and natural settings, economic realities, and community needs. We always tailor our work programs to each community's needs; we don't have "cookie -cutter" solutions, nor are we missionaries, advocating a par- ticular community design philosophy. We believe that planning decisions must express a community's per- sonality and its perception of the public interest. Growth and change can affect a community's quality of life and a government's ability to serve its citizens. To lessen these impacts, local officials—and the resi- dents and businesses they serve—must be informed of the consequences of land use zuternetives by a system- atic assessment of the impacts of future development environment. How much and where to grow is, ulti- mately, a policy issue that must be decided by elected officials with informed public participation. Planners can help by offering creative choices that respond to local issues and concerns and by outlining the eco- nomic, fiscal, and environmental trade-offs. The Dia- mond Bar General Plan should serve as the City's con- stitution. To be effective, this constitution should: Be clear, concise, easy to use, and internally con- sistent; Address a comprehensive range of subject matter, such as land use, transportation, natural resource management, economic development and commu- nity design; and Provide clear direction for evaluating development proposals and for planning capital improvements. Work Program Structure We tailor our work programs to each communi- ty's needs. This section provides an overview of our approach to completing the Diamond Bar General Plan Update; details for each task, including the vari- ous subtasks, are billy described in our Scope of Work (Section 3, Work Plan). A table summarizing the major work tasks and objectives is on the next page. 1-7 PROPOSAL FOR THE CITY OF DIAMOND BAR 1-S Task 1: Project Engage with City staff and other appropriate representatives to understand key Initiation and issues, organize background materials and baseline data, clarify the work plan Community and prepare the public participation program. Involvement Strategy Task 2: Issue Identify and understand community concerns and establish a coordinated Identification and realistic direction for the future founded on a community-based strategic and Key vision. Lead a community outreach program that reaches and engages a broad Strategies range of citizens, generates a constructive dialogue, and addresses the core attributes that a general plan can shape: sustainability, fiscal and economic health, physical character and community identity. Engage the community on specific aspects of the General Plan, including their preferred direction for major land use changes, circulation facilities, and others. Task 3: Comprehensively assess the city's existing land use characteristics, economic Existing position, circulation network, environmental resources and constraints, and Conditions, assess likely future growth and development capacity. This assessment will Trends, and inform the identification of key issues and opportunities that the General Opportunities Plan update should address- Data collected will be used to prepare the EIR Assessment environmental settings. Prepare findings in a concise and user-friendly workbook, emphasizing maps and graphics that present physical data clearly. Task 4: Building on identified issues and opportunities and challenges, formulate up Alternatives to three plans illustrating alternative land use and circulation patterns for the city, focused on opportunity sites identified in the existing conditions research. Comprehensively evaluate the alternative plans, so informed decisions can be made, including analysis of traffic impacts, infrastructure, fiscal impacts and population and employment growth. Task 5: Identify the preferred land use plan and develop a framework for policy Preferred Plan development, covering community enhancement, economic development, and and Key Goals circulation. Task 6: Draft Prepare the full Draft General Plan. Carefully review and update all elements to General Plan ensure consistency and accuracy, and introduce new policies that respond to stated community priorities. All maps will be updated to maintain a consistent look and feel. Two new elements will be introduced: Community Character and Placemaking, focusing on urban design and creation of vibrant new spaces; and Health and Sustainability, focusing on promoting community wellness, meeting the needs of a changing population, and sustaining the city equitably, fiscally, and environmentally. Task 7: Draft Prepare the Draft Program Environmental Impact Report (EIR) for the General and Final Plan, incorporating public review and feedback. Respond to comments General Plan received on the draft to produce a Final EIR. Prepare the Draft EIR and EIR Draft General Plan simultaneously, so that to thegreatest extent possible, significant impacts may be mitigated through Plan policies, creating a "self - mitigating" plan. Taal: 8: Conduct public review and successfully take the Draft General Plan and related 'learings and environmental documentation through the public hearing process. Adoption Task 9: Zoning Update the Zoning Ordinance for consistency with and to implement the Ordinance updated General Plan, including preparation of district -specific or citywide. Update design guidelines. 1-S Our Strategy Other foundational aspects of Dyett & Bhatia's approach to general plans include: Flexibility and cost effectiveness. We have struc- tured the scope of work to be flexible, and the bud- get to be cost-effective. Each task and product can stand as a complete piece of work, so that if nec- essary the planning process can stop and restart again based on available funding. Simultaneous preparation of the General Plan and EIR saves sub- stantial funds, because the work is coordinated in- house by the same firm preparing the plan. Working graphically. We believe strongly that depicting information graphically with maps and images makes the work more easily understood, more engaging for participants, and more concise. We use colored maps, aerial photos (colored and annotated), photos, graphics, visual simulations, etc. Stakeholders and decision -makers are more likely to read the material when it is in a graphic format. We have extensive in-house graphics staff with strong GIS, graphics, and modeling capabili- ties that allows us to prepare high-quality visual material. Illustrating and analyzing options. Ultimately a General Plan is about what should grow and change, and what should be preserved. Residents are inherently skeptical about growth, because they see it as creating more problems. We start with identifying what people want to happen to improve their community— better appearance in older areas of the community; community services or facili- ties; more places to shop; more jobs; calmer traffic. Then we identify how those goals can be achieved, Comprehensive General Plan Update City of Lodi Alternatives City of Pomona Visual Simulation t-9 PROPOSAL FOR THE CITY OF DIAMOND BAR and the tradeoffs involved. the economic, fiscal, social, and environmental effects of several alter- natives must be evaluated. Our job will be to help frame the questions and provide decision -makers with enough information to allow them to feel con- fident about their choices. For example, to attract new quality jobs, there may need to be intensifi- cation of big employers. To improve the appear- ance of commercial corridors, there may need to be intensification of land use to attract investors to redevelop older rundown properties. We pro- vide detailed maps and drawings to depict alterna- tive strategies, photos and drawings to show what growth or change would really look like, and com- prehensive quantitative analysis of impacts. Working with the community, decision -makers, and City staff. Many different types of community outreach are proposed to reach different groups in different ways (see next section). We will work closely with the General Plan Advisory Commit- tee, conducting meetings at the major milestones and soliciting recommendations on Ivey issues. 'the committee can be a very effective group for arriv- ing at compromise solutions and win-win solu- tions that meet the needs of different groups. We also envision working in close partnership with City staff. The complementary skills and knowl- edge of City staff and consultant team can result in a process that is efficient and planning docu- ments that are effective. Staff's familiarity with the City's issues and resources, coupled with con- sultants' technical expertise and broad experience, will ensure that Plan policies are realistic and have broad community support, and allow Diamond Bar to gain from the experience of other commu- nities. Emphasizing implementation. At Dyett & Bhatia we truly believe that implementation is an integral part of the planning process, not an afterthought. This will be critical to ensure that Diamond Bar's new General Plan has the desired result, and does notjust represent "shelf -art" but is an effective tool for city -building - programming public improve- ments and guiding private development. Our con- siderable experience writing zoning and develop- ment regulations informs practical policy formula- tion to effectively achieve community goals. Environmental Review Our approach to environmental assessment for Gen- eral Plans typically has four key objectives: • To ensure that environmental opportunities and constraints identified in the investigation of exist- ing conditions are reflected in the development of the general plan, thus integrating planning and environmental review processes; f -- owntaWn �� x West '. Northeast Ir , eay Fanc CentrAl River } _ East Loveridge _ 00 C."" west. - Eine .l, i Leland I Y oar .r ehanen � Viewshed from Selected Poinu ".r t k' - — _'- } _ _ v mnetl rmm sR4 nea.nme Ra R [j P sM1etl rmm Wllf•w PaseISR1 "f ^'h - I rvy _„1 e E� VlewiRed Gam B511er RilISRJ y,.p r `S �: Vlwuhed from fl•Il.aad AVd9R4 L•].i V'm,d rmm ci Rd in luWlor Ra'.Me find R•m Knke, Sas, Rd Rtgnr rdK-,Rid,dnea �SbbLmr C•nmw � � �$ l� k _ ��L Plxn fns Are• n - a., - '�r l — Jutfimn P+nmaury Pittsburg Viewshed Analysis 1-10 • To identify general plan policies that will mitigate any adverse environmental effects of other aspects of the plan, resulting in a "self- mitigating" plan, • To fully satisfy CEQA requirements for environ- mental documentation of the general plan and pro- vide a compendium of environmental information; and To make maximum use of the environmental information available through existing plans, envi- ronmental documents, and specific studies of a city, as well as information from regional and State agencies. Program versus Master EIRs For the Diamond Bar General Plan, we propose to prepare a Program EIR. The. RFP refers to preparation of a Master EIR, but in our experience, general plans are typically evaluated by Program EIRs (though Master EIRs are another option). One advantage of a Master EIR is that it allows future anticipated devel- opment projects that are within the scope of project descriptions in the MSIR to proceed immediately without having to prepare a new, environmental docu- ment, which can spur private development. Another advantage is that the City can tightly define param- eters of future development types that could create environmental impacts and the precise or general Comprehensive General Plan Update locations of these development types, thereby provid- ing an incentive for projects that are consistent with the City's desired vision for land use and built form. Disadvantages to using a Master FIR include that it is valid for five years unless updated and re -certified, or unless the City makes renewed findings that no substantial changes have occurred. As a result, the City may heed to go through the expense of under- taking another MEIR or force all future develop- ment to undertake a full project FIR after five years. The increased level of detail also costs more and takes more time, and if there are few or no projects ready to go in that five-year window, the return on invest- ment on the MEIR approach may be limited. Lastly, an MEIR can become very focused by necessity on project specifics, becoming repetitive and losing sight of regional impacts and other "big picture" effects of a proposed general plan. In comparison, a Program FIR can be more appro- priate for considering the broad, area -wide impacts of a program of actions. In a parallel process to the preparation of the general plan, a Program EIR can allow the creation of a "self -mitigating" general plan that incorporates anticipated environmental impacts and includes policies specifically designed to reduce \\ 1 S�L i d — Ed \ ✓ Spvae Clry of B,Imant, 2015; oyett 96taea, 2015 Belmont Park and Open Space Access Analysis N,ksWolkshetl j P 5 9nute Walking 0ptai i1 im1 l4 10 Minute Waig Distance ty Pi,rk 'sn ,e T � IFelt II ha I' yinni vul Dstance O ',h,,l 1 Ifs 10 M i1al Jn, DIsLr a .. _Jv u n o it - r is e , e. 1 . �.� r.tks S ry c A J Lrlllfieal Wants, MI S '.Rdf- --City Limits One Mlle Serviw Radius PROPOSAL FOR THE CITY OF DIAMOND BAR these impacts to a point below significance. With an entirely self mitigating general plan, there is no need to draft and maintain a mitigation monitoring and reporting program, since the plan itself is the miti- gation program. Subsequent development under the general plan can be streamlined. We have prepared many Program EIRs for general plans that make specific assumptions regarding land use change and include other features that have provided our clients with more "mileage" in the General Plan EIR than might typically be the case. We welcome a more thorough informal discussion with the City regarding the pros and cons of differ- ent SIR approaches and the best strategy for linking the General Plan Update and EIR work programs. Our Scope of Work assumes that a Program EIR will be prepared; if the City decides on the Master EIR approach, we will revise the Scope of Work to ensure it is appropriate for a Master EIR. In addition, this decision does not need to be made at the outset of the General Plan Update process—we can wait until a Preferred Plan is prepared (likely one year atter proj- ect commencement) and assess at that time whether specific projects that might be evaluated in an MSIR are apparent or "ripe' for inclusion. Regardless of the EIR approach chosen, both the Gen- eral Plan and the EIR will be prepared by the same group of core planners, relying on technical expertise, enabling us to work efficiently; build mitigation strat- egies into the land use, circulation, and open space frameworks to create a self -mitigating General Plan; foots analysis on targeted development areas within the General Plan (with the related CEQA streamlin- ing for follow-on projects); and use the environmen- tal discovery process to inform planning and devel- opment assumptions. The General Plan EIR will meet legal requirements, but also help streamline subse- quent project -level environmental review work. Zoning In updating the Zoning Ordinance for Diamond Bar, we would work closely with City staff, decision - makers, and the community, going beyond a stan- dard "cook book" approach and offering more than simply prescriptive regulations and standards. Zon- ing can be a vital, form -giving element for carrying out the policies established in the new General Plan, including not only those related to land use but also those related to economic development, community 1-12 design, housing, environmental justice, and public/ open space. Zoning can translate the broad land use and community design vision for Diamond Bar—as established in the new General Plan—into a workable set of rules and regulations, while providing enough flexibility to ensure that the City can approve projects that make sense even if they don't meet fixed stan- dards, provided that they are consistent with the Gen- eral Plan. Our current zoning work in similar cities and com- munities throughout California has involved a broad array of implementation concepts, including tradi- tional development and form -based codes, smart growth, pedestrian -friendly districts, mixed-use development, master plan areas, and best practices for neighborhood design, parking, green building, landscaping and lighting. We also know how zoning works "at the counter" through our staff's experience and our teaching courses for planning professionals. This background will enable us to focus quickly on viable options for Diamond Bar. We believe that zoning needs to be crafted to a com- munity's needs, to be structured to implement Gen- eral Plan policies, to respect the local design vernac- ular, to reflect economic realities, and to be stream- lined so as to provide certainty, finality, and fairness in decision-making. In short, our expertise is backed by a philosophy that: • Zoning should perform—it should implement the City's planning policies for land use, community arom �n�l`� I�i„s !g I 'Saeyra.- `,e1„a u6A l'a'ic o1Ne 2nYN ufFxrc mry_tll. arom �n�l`� I�i„s !g I aI II Sd¢jab Rt. YnN Examples of Form -Based Development Standards i 0 0 0 O Standard Minimum Lot Size (sq R) Mlnbnum Let Width (ft) Poor Area Ratio Minimum Fluor Area Pull. (FAR) Maximum FloorArea Ratio (FAR) l4c,inum Fluor Arca Ratio far Mixod-Usa Buildings with IocehtNes Pragrem Maximum Dens@Y (dwelling units/net acro) MixedUseBuildings Residenda(aniy Buildings Maxlmarn Density for Mixed-lAse Buildings with Incentives Program Height (it) r Minimum Height Maxmum Heigh[ -- ECRMX Additional Standards 5,000 50 0.6 (B) -_ 120 (A) 2.5 See Section Rules of Measurement 3.5 (.A)'.. 60 See Chapter 20.410, Affordable Housing Regulatians 40 See Chapter 20.410, corthimed the front pride lot; setback is Affordable Housing Regulatians 80(A)._-- Measured from curb) 25 (C) Section Heights and Height Exceptions and Supplemental Stantlarde so (C) Section Heights and Height Exceptions and Supplemental Standards Maximum Hr Mixed Buildings d -_ 120 (A) wim Inaendvcr Pro es Program Yards dB Front (E) Cannot Real frontage Is always Minimum i2 See Section Building Projections corthimed the front pride lot; setback is BulldIng Average: Into Yards Measured from curb) 16 m) Minimum Interior Side Oa diddred (ram 0, 10 when abutting See Section Building Projections property line) an R disfiot into Yards Minimum Street Side (massmed from 10 See Section Building Projections property line) into Yards Mfnhnum Rear (measured tram 15 (CgE) See Section Building Pmjeatiena popper ty lin e) into Yards Maximum Lot Coverage (x of let) 90 See Section Rules of Measurement ' Usable Open Space (on It per residential unit) 150 Minimum Amount of Landscaping (% of site) 10 See Lantlscaping Requirements Comprehensive General Plan Update 1-13 PROPOSAL FOR THE CITY OF DIAMOND BAR design, green building, multi -modal transporta- tion and conservation; • Zoning should be positive and design friendly -it should not arbitrarily dictate generic solutions for urban form that bear no relation to local needs and a local design vernacular; • Community character, particularly in single-fam- ily neighborhoods, should be respected; • Zoning must recognize economic reality; and • Zoning must reflect a willingness to rethink tradi- tional assumptions, not only about what gets built, but also the approval process. We propose to start by understanding the effective- ness of existing regulations, seeking agreement on a general approach, and then agreements on modifying specific provisions and standards, involving staff, City officials, stakeholders and the general public in the process. Our initial reconnaissance and "diagnosis" will generate a sense of ownership and commitment to the new regulations. We will focus on changes to the Code that staff and decision -makers believe most important to meeting the City's needs and achieving community objectives. Approach to Zoning and Community Design A priority for [his project will be to craft regulations and design approval that will allow Diamond Bar to maintain and enhance the character of existingn neighborhoods and create new identifiable places, consistent with the General Plan. Zoning and sub- division standards define the basic form of develop- ment, but standards that just focus on individual structures rather than relationships among groups of structures, the natural setting, and the public domain, including streets, parks, and other public areas, can- not ensure quality design. Dissatisfied with the development produced by tra- ditional zoning and subdivision regulations, many jurisdictions have produced form -based codes and illustrated design review guidelines and formulated complex review procedures intended to show appli- cants how they want their communities to look. While some communities are able to achieve better design as a result of such procedures, overly detailed design guidelines and ultra -discretionary review pro- cedures can result in mediocre and standardized proj- ects, drain staff and community resources, and may, at worst, end in costly litigation. The new ordinance 1-14 can strike the right balance, building on the new Gen- eral Plan and best practices in other California con - inanities and nationwide with form -based standards for areas where design and placemaking are critical, as well as use -based regulations and performance requirements for areas where use compatibility is more important. If the General Plan ultimately serves as a "placemak- ing" tool, the zoning must follow in kind. The objec- tive for new mixed use and infill -oriented develop- ment standards and guidelines will be to create regu- lations that result in projects that are both financially feasible as well as aesthetically desirable and respon- sive to community needs. 1.3 ENGAGING THE COMMUNITY A plan is only successful if it reflects the aspirations and priorities of the community. An effective public participation program should create confidence in the planning process, be meaningful and outcome driven rather than just process oriented, and rally the com- numity behind the adopted plan. By maintaining engagement through a variety of means and media throughout the project, we will not only hear from residents up front, but also continually check back in to ensure that plan outcomes reflect the direction given. We have outlined an approach to public participa- tion that will focus on identifying the community's vision for the city's future and soliciting feedback on the pertinent issues at hand throughout the planning process. The detail on timing and content in our com- munity outreach schedule is provided in the Scope of Work and Schedule. 'this is a suggested participation program; as one of the very first steps in the process, we will work with you to devise a strategy that best fits your needs. With our partner in public outreach and facilitation, Arellano Associates, we propose: Stakeholder Interviews (16 over one or two days). At the outset of the process, we will conduct (ace- to -face reconnaissance/"listening" meetings with approximately 30-40 individuals in small group interviews over one or two days. Project Website. IJyett &, Bhatia will develop a website where community members can stay up- to-date on the project. Arellano Associates will Comprehensive General Plan Update supplement this site with interactive engagement components such as MetroQuest, at appropriate stages throughout the process. • Community Workshops/Open House (4 total: 3 General Plan, 1. HIR scoping). Our work program includes workshops at three stages in the process: during initial issue identification and when alter- natives are evaluated. Additionally, an open house will be conducted following preparation of the Public Review Draft Plan. A scoping meeting for the F.IR will also be held. Workshop results will be documented and made available online and at City Hall. All workshops will be coupled with a paral- lel online engagement component via the project's website. For each outreach event, we will design an online tool that will solicit meaningful feedback on the topic at hand. 'Throughout the course of the project, we will also post discussion questions to keep the conversation going beyond each outreach event. We want community members to know that their input has been recorded and is being consid- ered in the planning process. Additional "Go to them" Meetings (10). Up to ten additional meetings may be held at various places and times throughout the process, enabling our outreach program to be flexible and responsive. There may be a special event that occurs at the time of a major milestone in the planning process where a General Plan booth at the event may help attract more participants to the planning process. Or there may be neighborhood groups, businesses, students, practitioners, strategic advisors, or other stakeholders that we may want to engage at strate- gic times. • General Plan Advisory Committee (GPAC) Meet- ings (9). We will work closely with the GPAC throughout the process, relying on them to review draft documents, help guide policy direction, and provide recommendations to the Planning Com- mission at critical junctures. • Planning Commission and City Council Meet- ings and Hearings (13). Decision -makers will be involved at key stages in the process, to ensure there are no surprises at the end. Five Planning Commis- sion meetings and fou- City Council meetings are envisioned throughout the process, with in ad, i- tionalfour hearings budgeted through the adop- tion process. Additional meetings would occur 1-15 PROPOSAL FOR THE CITY OF DIAMOND BAR with preparation of the optional Zoning Ordinance update. Newsletters (4). Newsletters will be developed at key points in the process and posted on the proj- ect website and designed to be distributed more broadly. A newsletter is an excellent vehicle for informing the public about the planning process, describing how they as citizens can participate and presenting schedules, information about corn- munity workshops, key issues, plan alternatives, and policy recommendations. 'fie newsletters will emphasize graphics, photos, and illustrations in order to be eye-catching and make the planning concepts easily understood. Press Releases and Marketing Collateral. Our team will prepare up to four press releases over the duration of the project to be distributed to local media and posted on the project website and other appropriate outlets. We will also design meeting notices, display ads, Facebook events and other appropriate notices for the review and approval by the consultant team and City staff for up to eight events. Project Branding and Logo. To set the foundation for the community engagement effort and project - related materials (print and digital), we wilt design a logo and branding to uniquely identify the Dia- mond Bar General Plan Update project. The logo will be used on all project documents and outreach materials, which will also include a website address and a Quick Response (QR) code to quickly and easily connect people to the project website and opportunities for online input. 1-16 FIRM INFORMATION AND QUALIFICATIONS �9R 1T16V_1Tk111 09 A*'9 Our team brings team brings extensive collaborative experience on general plans, combined with local familiarity and presence. All of the sub -consultants will report to the project manager at Dyett & Bhatia. All reports and technical analysis by the sub -consul- tants will be submitted to Dyett & Bhatia, to be inte- grated into the project deliverables. Dyett & Bhatia will coordinate the format of final documents and will be responsible for the overall consistency of the products. The team will work collaboratively at key milestones in the project, and will work closely with City staff, stakeholders, and decision makers as needed. We value interdisciplinary collaboration, which allows diverse perspectives and areas of expertise to be brought to bear on the toughest challenges. The proj- ect team and roles are: Dyett & Bhatia (D&B), Planning, Urban Design, Environmental Review, and Project Management. D&B will lead all aspects of the preparation of the General Plan Update, EIR, and optional Zoning- Ordinance oningOrdinance Update, including preparation of back- ground ack- 0ound reports, development of alternatives, prep- aration of the General Plan, community outreach, preparing meeting summaries and notices, and overall project management. Fehr & Peers, Transportation Planning. Fehr & Peers will prepare the transportation and mobility analyses for the Circulation Element and the EIR. They will consider existing conditions, analyze alternatives, develop the final recommended trans- portation network for all modes, and prepare the Circulation Element with D&B. Arellano Associates, Outreach. Arellano Associ- ates will assist D&B with community outreach and facilitation. They will help design and lead work- shops, promote the project at community events, attend additional meetings with neighborhood groups, and create interactive elements for the website to facilitate enhanced online engagement. PC' S„ --rices, Environmental Cons deans. PCR will pre✓ide support to D&B on the EIR and envi- romnentc.l planning, addressing topics including biology, cultural resources, air quality, greenhouse gases, and noise. PCR Services' staff brings sub- stantial familiarity with Diamond Bat' and its key planning issues. Pro Forma Advisors, Economics. Pro Forma Advisors will provide market and economic analy- sis to support assessment of land use alternatives and development of the General Plan; prepare the fiscal impact analysis; and prepare the financial feasibility analysis of site testing scenarios in con- junction with Urban Field Studio. TKE Engineering, Infrastructure Engineers. TKE will evaluate the current and future need for major water, sewer and storm drain infrastructure city- wide to support land use alternatives and the ulti- mate General Plan, and provide planning -level cost estimations to assist in the econornic/fiscal impact analysis. Urban Field Studio, Architecture and Urban Design. Urban Field Studio will create three- dimensional modeling of prototypical devel- opment projects on major opportunity sites, to inform the financial feasibility analysis and the Community Character and Placemaking Element of the General Plan. 2.2 PROJECT STAFFING & TEAM ORGANIZATION Key Dyett & Bhatia personnel and their roles are as follows. Short resumes, followed by full resumes, of all key personnel are provided in Appendix A. All personnel are available for the entire duration of the project. As firm co-owner, Sophie Martin is com- mitted to the full length of the project as the Project Manager. t Sophie Martin, AICP, Principal -in -Charge and Proj- ect Manager. Ms. Martin will be the primary point of contact for City staff and will be responsible for directing the project. She will be personally respon- sible for preparing the Preferred Plan, devising policy strategies, and writing key sections of the General Plan. She will also attend all meetings and commu- nity outreach events and make presentations to deci- sion -makers. 2-t PROPOSAL FOR THE CITY OF DIAMOND BAR Rajeev Bhatia, AICP ASLA, Participating Princi- pal. Mr. Bhatia will support Ms. Martin as needed on General Plan work and assist with urban design as it pertains to the proposed Community Character and Placemaking Element. Mr. Bhatia brings his experi- ence of preparing 25+ general plans and leading the majority of the Bay Area transit -oriented development plans in the last decade. Michael Dyett, FAICP, Participating Principal. (Zon- ing). Should Diamond Bar wish to proceed with the update to its Zoning Ordinance, Mr. Dyett would lead this task, bringing to bear his 40 years of experience as one of the most respected preparers of zoning regu- lations in California and beyond. Elizabeth Schmid, Project Planner. Ms. Schmid will work closely with Ms. Martin on project management, be responsible for coordinating products delivery, completion of major technical tasks, managing sub - consultant efforts on a day-to-day basis, and tracking project schedule. Sub -Consultant Leadership Subconsultants' work products will be led and man- aged by senior staff from each firm. These individu- als are shown below in the Organization Chart; short biographies and resumes of Subconsultants are found in Appendix A. 2.3 ORGANIZATION CHART The organization chart below shows the responsibili- ties of each firm, and the key personnel responsible for the main topics and work products. Project Management Sophie Martin. AICP Pm>ocr-M-Cba"",/Prjm Al ger El Au ffi Schmid n�errs,nr,� Rajeev Bhatti. NCP ASLA P ridPa"'Pmr,,,r Hlichud V. Dyer, EXICP Perririyn»ny Pnmrcr Graphic &Web Design GIS & Mapping Dyeee rr Bl da D,,.&Bbar&r Hannah Yung Lha Bhuaarai Mark Chambm Community Outreach I I Urban Design I I General Plan I I EIR Arclfano Auadmrrs Dyerc eiBbnHn Dy" d 111"W' BCR Serz�irrr Venni, Ariz, Rajeev ehaua, AICD ASLA Sophie Mxnia NCP Sa-ii,]n Silvia Belrrrn Sophie Mpnin. AICP Eliaabcrh Schmid HeidlRous June Liu Moni,u Sgalllk Melissa Jona. NCP Morgans J...bk Culla Ulla Ubme Field Studio Ksahadn, I'- KPI, Garcia Dyrrr dBbona Jan, Lin Dyar cb Bbarra Suphlc lvinain. AICP F—kFull,r Sophl, Munn, AICI' Eliaberh Schmid Heidi Sokolowsky Kad,urin, Pae L _.... ..w rransportatimt Ir,fr __-;rveture: Ih lvrnaslo: rf�i, FJnrL Poor I�'Br�irxa. I nr. Nt-dx John Muegddg,. AICP Sc�xn Lcdbecrcr. PE Enc-61cb,ri,,i Steven J.Bm,an, I'L _im,el Thommn, PE 2-2 Zoning Ordinance Dycu c Bbnaa Michtel V Dyer, FA1CP Monica S, dlik 2.4 TEAM QUALIFICATIONS Dyett & Bhatia Dyett & Bhatia is a California corporation based in San Francisco (our sole office located 400 miles from the City of Diamond Bar), operating for the past 38 years. Our small size -22 employees —allows us to. be nimble and responsive in our work, communication, and outreach. We conduct analysis and develop poli- cies on the range of planning topics from land use and urban design, to economic development and sustain- ability. The professional services we offer are focused on planning, design, and outreach: General plans; • Urban design, specific plans, and station area plans; • Development codes and zoning ordinances; • Environmental planning and assessment; • Public participation and facilitation; and • Geographic information systems, three-dimen- sional computer modeling, and visual simulation. We see policy-making, land use planning, physical design, and implementation as related activities. The diversity of our practice helps us clearly define issues and identify practical courses of action. The majority of our work is for cities, counties, transit authorities, regional governments and other public agencies. Our services for private clients and institutions are lim- ited, but provide us with a clear understanding of the economic realities projects face. We believe that plan - making is a collaborative effort involving a diversity of stakeholders, and are committed to active commu- nity participation in the planning process. Dyett & Bhatia has won 12 awards in the last five years alone from the American Planning Association for the rela- tively small volume of work produced. Comprehensive General Plan Update Recent Awards 2015 American Planning Association (APA) Arizona Chapter Award of Merit, Maricopa Zoning Code 2014 APA California Chapter Award of Merit, Windsor Station Area/Downtown Specific Plan 2014 APA Northern California Section Award, Windsor Station Area/Downtown Specific Plan 2014 APA. Los Angeles Section Award, San Gabriel "Greening the Code" 2014 SLAG Sustainability Award, San Gabriel "Greening the Code" 2013 APA National Achievement Award, San Pablo General Plan Health Element 2013 APA Central California Section Award, Turlock General Plan 2012 APA Northern California Section Award, San Pablo General Plan Health Element 2012 APA Northern California Section Award, EI Camino Real/Chestnut Area Plan 2011 APA Sacramento Valley Section Award, Lodi General Plan 2011 APA Northern California Section Award, South San Francisco South EI Camino Real General Plan Amendments, Zoning, and Design Guidelines 2011 APA Northern California Section Award, Santa Clara Station Area Plan 2010 APA California Chapter Award, Santa Monica Land Use and Transportation Element 2010 APA Northern California Section Award, Emeryville General Plan 2010 APA Central California. Section Award, Porterville General Plan 2-3 PROPOSAL FOR THE CITY OF DIAMOND BAR General Plans General plans are a specialty, and Dyett & Bhatia has prepared general plans for more California cities— more than 60—than any other firm. Recent Southern California work includes general plans for Carlsbad, Santa Monica, Redlands, and San Diego. The firm has unsurpassed experience in all aspects of general plan work from conducting meetings and surveys, to analysis and plan writing, and preparing associ- ated environmental documentation. Distinguished in-house GIS and computer mapping capabilities supplement our long-range planning work. We have also analyzed several general plans for legal adequacy, and served as an expert witness in conjunction with general plan litigation. Eight of our general plans in the last I0 years have won awards from the American Planning Association. Environmental Planning and Impact Review Dyett & Bhatia has prepared EIRs on over 35 citywide/ countywide planting efforts, mainly on general and specific plans, but also on several Bay Area regional transportation plans and programs, including the recent Plan Bay Area, the three Bay Area Regional Transportation Plans (for Metropolitan Transporta- tion Commission); and the Contra Costa Countywide Transportation Plan. The firm leads work on climate change and greenhouse gas emissions in-house and has coordinated its technical analysis closely with the California Attorney General's Office and local air quality management districts. Santa Clara General Plan I U tir legend • --d --- . 2-4 • Alameda (twice) • American Canyon (EIR only) • Belmont • Belmont (underway) • Carlsbad • Castro Valley • Ceres (underway) • Chico* • Colma (Land Use and Urban Design Strategy only) • Concord • Daly City (EIR only) • Emeryville* • Fresno • Half Moon Bay (underway • Lemoore • Lodi* • Los Banos • Milpitas • Pacifica (underway) *denotes APA award -winner r— I • Petaluma • Pittsburg (twice)* • Porterville* • Princeton (underway) • Redlands • Rohnert Park* • San Bruno • San Diego(Encanto & Southeastern) • San Pablo* • San Ramon* • Santa Clara • Santa Clara • Santa Fe (NM) • Santa Monica* • Santa Rosa • South San Francisco* • Turlock (twice)* • Vacaville* • Visalia • Woodland • Yuba City 1 South San Francisco General Plan + x r a tt + + x + " ♦ 1, x x to t + + y v YY San Pablo General Plan & EIR Comprehensive General Plan Update journeasrern aan uiego (-ommumry Tian & tin Santa Monica Land Use/Circulation, Zoning Ordinance & EIR Carlsbad General Plan, LCP, CAP, Zoning, & EIR Emeryville General Plan & EIR i 01 2-5 :ili.�Yev;znua�uena�remir.�an�a_t Downtown and Specific Plans We have prepared area and specific plans for sites ranging in scale from a few blocks in infill settings to over 20 square miles in urban expansion areas. Our expertise includes physical planning and urban design, detailed design guidelines and standards, building massing, view and shadow studies, and parking assessment. Examples include Capitol Area Plan in Sacramento for the State of California, which included block by-blocic three-dimensional building standards and guidelines that have been tested and seen through to implementation, and recently com- pleted Et Camino Real/Chestnut Area Plan in South San Francisco. Station area planning is a special area of expertise at Dyett & Bhatia. The firm has maintained its expert reputation in this field since its very first assignment in 1976—the seminal Bay Area Rapid Transit (BART) Land Use Impact Study. Over the past decade, the firm has been involved in planning along all operat- ing urban rail systems on the U.S. West Coast. Range of work includes station area planning and analysis, zoning regulations for transit station areas, and pol- icy research. Lake Merritt BART Station Area Plan & EIR El L7 N �.. 01 I ,L 1 F L Milpitas Transit Area Specific Plan & EIR • Belmont Village Specific Plan • San Diego Downtown Plan & Zoning • Diridon Station Area Plan (San Jose) • Downtown Phoenix Plan • Windsor Station Area/Downtown Specific Plan" • Lake Merritt BART Station Area Specific Plan & EIR • Honolulu (HI) Station Area Planning • Commercial/ Imperial Corridor Master Plan (San Diego) 'APA • Santa Clara Station Area Plan` • Hillcrest Station Area Specific Plan & EIR • Milpitas Transit Area Specific Plan & EIR* • San Pablo Avenue Specific Plan & EIR • Avondale (AZ) City Center Specific Plan* • Santa Clara Downtown Plan • South San Francisco BART Transit Village Zoning • Capitol Area Plan (Sacramento)* • EI Camino Real/ Chestnut Area Plan & EIR* 2-6 Comprehensive General Plan Update San Diego Downtown Plan EI Camino Real/ChestnutAiea Plan & EIR lip 3 � ; IVT AOL Diridwi Station Area Plan (San Jose) 6� z-7 PROPOSAL FOR THE CITY OF DIAMOND BAR Zoning Ordinances Dyett & Bhatia has unsurpassed experience in pre- paring comprehensive zoning regulations for cit- ies and counties in 'California and the southwest, as well as nationwide and abroad. We have familiarity with form -based, design, performance, and Euclid- ean approaches for zoning. The firm's zoning work has won national awards from the American Plan- ning Association and the Department of Housing and Urban Development. Examples of this include com- prehensive zoning and development regulations for regions as distinct as Santa Monica, San Gabriel, San Carlos, Emeryville; San Ramon, Pleasant Hill, South San Francisco, Pasadena, Cincinnati, Los Angeles County, and Abu Dhabi. Projects Underway • Beverly Hills • Fresno • Goleta • Half Moon Bay Citywide Zoning • Albany • Austin, TX • Belmont • Berkeley • Benicia • Carmel • Cincinnati, OH • Concord • EI Cerrito • Emeryville • Fresno • Eugene, OR • Gilbert, AZ • Henderson, NV • Houston, TX • Huntington Beach Our current zoning work involves a broad array of implementation concepts, including traditional devel- opment and form -based codes, pedestrian -friendly and transit oriented districts, mixed-use develop- ment, green building, and best practices for neighbor- hood design, parking, landscaping and lighting. We also know how zoning works "at the counter through our Principals' experience heading planning depart- ments and current planning divisions and our teach- ing courses for planning professionals. • Honolulu (Station Area) • Mammoth Lakes • Maricopa, AZ • Portland, OR (Residential Infill) • Princeton (San Mateo County) • Kansas City, MO • Larimer County, CO • Los Angeles County • Los Banos • Manhattan Beach • Maryland National Capitol Park & Planning Commission • Mesa, AZ (including Downtown Design Standards) • Milwaukee, WI • Monterey • Morro Bay • Oakland • Orinda • Palm Beach County, FL • Santa Barbara • Santa Cruz • Tahoe Region • Yuba County • Pasadena. • Porterville • Phoenix, AZ (Downtown.) • Pittsburg • Pleasant Hill • Portland, OR (framework only) • Redding • San Carlos • San Gabriel • San Jose (framework only) • San Leandro • Santa Monica • South San Francisco • Tucson, AZ • Washoe County, NV • Yuba City Completed Downtown & Specific Mixed Use Regulations • Berkeley • Portland, OR; Tri -Met • San Francisco • Chicago, IL • Scottsdale, AZ • South San Francisco • Portland, OR • San Diego • Philadelphia Guidelines • Abu Dhabi Development Code (UAE)" • Alameda County • Emeryville • Genentech Master Plan 2-8 Placentia Town Plan, Belize Porterville Downtown Marin County Multi -family Residential • Milpitas Transit Area Specific Plan • South San Francisco EI Camino Real Mixed Use District • San Diego Downtown Plan • Sacramento Capitol Area • Tacoma Mixed Use Districts San Diego Downtown Zonin LA County Zoning Ordinance Update • gilill u:15 I�uii� � JI {elm Comprehensive General Plan Update Beverly Hills Zoning Code Reorganization and Single-family Mass and Bulk Study OPt 9 EstaOishanf :CnoSto ht PI tl Uppe St rySetback 0-n2 FI bf M1S eppE 6l Side Yard Se berk h � Ff oo-�:. San Gabriel "Greening the Code" Sustainable Open Space Landscape in San Gabriel Minimum Hugh[ £i 11-'I open Space in San Gabriel ad aantl ® nafrrI. Helga. If onpHfaht, Y,utY Exept Slpolem I''11 It, ol ]2a to u A �ai nt r f n• i South San Francisco Mixed Use Zoning and Design Guidelines A,Inhllhm �I � u-rll apbb� EI 18F -_ -. �,. 1Ar Al rA,e \� m \ g /0 ( CM1-pt r .Ila \ 6 Roplannan -aen BW 0 9 Dle[30d0 �r Arrardablan g Rgf,IdIaa ow, Heft lRl Minimum Hugh[ £i 11-'I on AeigMaaitl bi+ElilEwpeone ad aantl ® nafrrI. Helga. If onpHfaht, Y,utY Exept Slpolem I''11 It, ol ]2a to 'l lncc -. ©front(EIG to, k If—am 11 pe 9aollo:,B ec lone a.o.. �. _ 117 IN.o 131`1 1 Q— rc..e dt1 1D alien -d o,—fr. ate,.rliny en PIIIseIU - o Itls © Minimum O °.wsel 11-� eGlon -g - vlens pmpen_y Ia,a In Ye 11s a eaeurea l�nm mall IE ICIIE) 5 uilelne pmleRione ec[lon 9 eny WYares I a mL as 116 olla.l go - I uremem eesenrona.-ram— It"',n s elm 1. ptt,aea U-1 It"', Itoa Mnlmum Amwnl ot.wtlsrnaing l% ot,—) is see.aneoepmg Fequeemcntt 2-9 PROPOSAL FOR THE CITY OF DIAMOND BAR GIS & Computer Modeling Dyett & Bhatia maintains leading computer resources, and a highly skilled technical staff trained in three- dimensional computer modeling, Geographic Infor- mation Systems (GIS), cartography, and visual simu- lation. We are adept at an array of computer modeling and information -integration software, with programs that include ArcGIS 10 3D Analyst with Spatial and Network Analysis extensions; Autodesk Map 31) 2010 (with GIS interface capability); SketchUp 8.0; Adobe Creative Suite 5 (CS5); Freehand; and 3D Studio Max—all of which will contribute to the high graphic standards of our plans. Geographic Infonnation Systems Dyett & Bhatia has full ArcGIS (previously ArcInfo and ArcView) capabilities, including the Network Analyst, Spatial Analyst, and 3-1) Analyst extensions. Dyett & Bhatia has developed custom indicators that enable efficient and accurate testing of development scenarios and real time evaluation of alternative land use patterns, development assumptions, and pro- jected impacts. Three -Dimensional Computer Modeling & Visual Simulation Dyett & Bhatia has expertise in preparing three- dimensional (3-D) models of large urban areas, which can be viewed from any angle, or viewed in a walk through or fly -by mode. We modeled the entire 1,500 - acre downtown area of San Diego and the entire City of Emeryville along with the East Bay hills. These models are used for massing and visual studies for design of new buildings and to study shadow impacts for different time periods. Using SketchUp, 3-D mod- els can also be linked to GIS databases. 2-10 Community Engagement & Public Participation Dyett & Bhatia is well -versed in a wide variety of engagement techniques including large -format com- munity workshops and open houses, stakeholder interviews and focus groups, interactive visioning Comprehensive General Plan Update exercises, community surveys and newsletters, social media engagement including Facebook and Mind - Mixer, multilingual outreach, website management, and more. h17171 „rua.l,..,..,.,u<,.,.,,r.w.o -- _ -- --.___--1 wl t th.h ntheY f el Sf! nNru Plav,mfrxil n. n.xwn e^ rhs�wOAwwrka w-wG,lepmle[[FfunvFkn�n[lutlnq A<w[nOtlmal [fa pppT, efUOy AHe. W1(EUI4 d'd 1 /AHitl eWtl� [aMIAFA W W. mrya .a„ Goa;[Mna[e.�a awW[mveon.rwn, tW nnuao"e:co ra�Wfnannmen Yyl kk a p1 t f Mg �tY G ,` �. Tawn of WinOwc G'_ul knm . M 9°» m MTmamYnJe Na ,✓mM �qT+ u PoWilw.d VrM 2-11 p 9 a torn IMtlso GR II pN ghl. 11Nk nmkHM W^d i Nell C IO Ien w.�+ Sfen W! h ! h ^ NouYb_oaJ�r [ane Ev anE rvaM lrzll Lz lmam 9lre �aN me a�E LSw nnom olmugrylyl(8mtle svrtoimNyiL lAecti[q Serti NEpm. MvetMa: �.n PJ&lNlt: . M 9°» m MTmamYnJe Na ,✓mM �qT+ u PoWilw.d VrM 2-11 PROPOSAL FOR THE CITY OF DIAMOND BAR Selected Project Examples Selected Dyett & Bhatia project examples are included in the following order: General Plans • Belmont General Plan Update • Carlsbad General Plan, FIR, Housing Element, Cli- mate Action Plan, and Local Coastal Plan Update (Envision Carlsbad) • Southeastern San Diego and Encanto Community Plans • Woodland General Plan Update, Housing Element, Climate Action Plan, and EIR • Fresno General Plan and Development Code Update • Redlands General Plan and FIR • Santa Monica Land Use/Circulation Elements and Zoning Ordinance • San Pablo General Plan, FIR,. and Housing Element. Update • Visalia General Plan Update and EIR • Emeryville General Plan, Design Guidelines, and FIR Downtown and Transit -Oriented Specific Plans • Belmont Village Specific Plan • San Diego Downtown Zoning and Planning • Palmdale Transit Oriented Development Overlay Zone Project and EIR • Honolulu Station Area Planning • San Jose Diridon Station Area Plan • Lake Merritt BART Station Area Specific Plan and FIR • Milpitas 'transit Area Concept Plan, Specific Plan, Zoning, and EIR • Windsor Station Area Plan/Downtown Specific Plan and EIR . EI Camino Real/Chestnut Area Plan and EIR Zoning • Beverly Hills Zoning Code Reorganization and Single-family Mass and Bulk Study Los Angeles County Zoning Ordinance Update • San Gabriel "Greening the Code" Portland Mixed Use Zones Project 2-12 Santa Cruz Corridor Planning and Zoning Code Update Tahoe Local Planning Implementation Toolkit; Placer County and City of South Lake Tahoe Area Plan Updates South San Francisco Zoning Ordinance Update Belmont General Plan Update BELMONT, CALIFORNIA 'the City of Belmont selected Dyett & Bhatia to prepare an update of its General Plan, ONGOING building on the firm's prior work on the City's Housing Element and downtown. The project will focus on the Land Use and Circulation & Mobility elements, while also preparing updates to additional elements to ensure comprehensiveness and consistency of the whole document. In addition, the updated General Plan will integrate with the new Belmont Village Specific Plan, also being prepared by Dyett & Bhatia, which draws together the City's recent efforts on downtown revitalization and provides specific guid- ance on design guidelines, livability, and community benefits. Dyett & Bhatia will also prepare a full program FIR to accompany the new General Plan and Specific Plan, en- suring that future development projects can streamline environmental review to the greatest extent possible. I city of 1Sehn4nt Figure 2-1; Preferred Plan Land Use Diagram A BELMONT Nb USE DFS�Ggnnra+: sicnnrcns aelmonwwo9e u':.uur '•"' ..•.. '..'... '. �i .mmP—r, u 7 m.Ou Draft Praft—a Plan Lana Me �i .mmP—r, u cnen C -es a=nY I.a nel e.mo-1ry m.Ou ee11as,2l 111M1 owgry ®Pve@ aeren'ue �IVWPatriot- nr e, ous IN1"Llt, ,I „Hal:la- aPnde,,Pam� ,.rOlt, ", P,jNegrb,me��l �sp— ,n In v re 1 Or Oft Oat, IP -1. It, ;Psl xerre, zms. DYETT & BHATIA Urban and Regional Planners Carlsbad General Plan, Housing Element, Climate Action Plan, and EIR (Envision Carlsbad) CARLSBAD, CALIFORNIA Carlsbad, with a population of 104,000, occupies 42 square miles of beaches, bluffs, and 2015 rolling landscape on the northern coast of San Diego County. the city is a major em- ployment hub and visitor destination, with a general aviation airport, three lagoons, beaches, Legoland, and numerous resorts. The Draft General Plan seeks to maintain the community's small-town charm and visual quality, while introducing mixed-use neighborhood centers, emphasizing walking and biking, and revitalization of downtown and the Barrio neighborhood. The plan also seeks to enhance access to the seven mile long waterfront, and activate it with strategi- cally placed nodes. The planning process has included an extensive outreach process led by D&B, with hundreds of community workshop participants, and more than 7,000 responses to a citywide mail -in survey. Fgu a 2-3 GENERAL PLAN land Use Plan Ma..a..�.10-9 d..r - R- s '.,'e", ."A.,.. —x- mcR........ s., e..dr. . gym' - �Wi�or Cmvm VIII. 1423 R—d—.l 1523 d.6. - R,30 R..id.rml2a 0 dv�. - t ..4 i enter -C V vnaQCo m -v 'cominnun1 _ ttreEio..u....... YI�O PIxnned induvid�OTc. -PP.Wr CF nm. -OS FJmv Ga-, . Peol�.z ei DYETT & BHATIA Urban and Regional Planners Carlsbad General Plan, Housing Element, Climate Action Plan, and EIR (Envision Carlsbad) �24 envision,....., November 2009 i wu, xa a. CARLSBAD nnn 311 .mr ys.e nele, ane fanf i¢s1..PII F9as •^"a-.. ,..IJ u m i��.d wroin A,.,W, nii1, a7.mn. I dvIf, r I'ay, r m..mmmy E x li FnIL� m Ore p �f.�Ra urymmown. DYETT & BHATIA Urban and Regional Planners Southeastern San Diego and Encanto Neighborhoods Community Plans SAN DIEGO, CALIFORNIA Southeastern San Diego is one of the city's oldest neighborhoods, with a culturally rich 2015 patchwork of homes, small businesses, and industrial uses. Encanto Neighborhoods to the east were mostly developed in the last fifty years, with subdivisions interspersed with rugged preserved open spaces. The community plans provide specific land use designations and policies supporting the broad citywide vision in the San Diego General Plan, and update a current plan dating to 1987. The Plan update project included a comprehensive public outreach program engaging both English and Spanish-speaking community members. The plans synthe- size four recent corridor master plans and ongoing transportation planning work, and address the need for more open space, jobs and commercial services, and a multi -modal transportation network. Both community plans were evaluated under a singer program EIR, and were endorsed by community planning groups and adopted by City Council in November 2o15. c�l\ IL Tm 1e2 s i b 4 F e I )A H' �Z nm � e a =l�l o A"\ �1 � ..tee 1A � 9 Ohre 4ii a J -t ICYo i\. DYETT & BHATIA Urban and Regional Planners Woodland General Plan Update, Housing Element, Climate Action Plan, and EIR WOODLAND, CALIFORNIA Located just north of the City of Davis, Woodland ishome toanimpressive stock ofhis- ONGOING toric resources, an active farming and industrial economy, and excellent regional access to the Sacramento area. The General Plan Update is the first opportunity in nearly zo years for Woodland residents to establish a community -wide vision for the city and priorities for its future growth and development. the Dyett & Bhatia team will also prepare the city's first Climate Action Plan, which will serve as a qualified greenhouse gas reduction strategy. A robust public engagement process is underway, with interviews of key stakeholders, multiple visioning workshops, and a bilingual newsletter and mail -in survey sent to every household in the city providing a variety of avenues for the public to get involved in the process. Technical research and analysis has been completed, and Guiding Prin- ciples endorsed by the City Council. Preparation of alternatives is underway. NORTH GATEWAY P-. evmmertW andlv.pgTe.ry Flood vnll be�ccititnmc SP3AREA -- •ay p as pr—, cry Ily 1 ed L P a lu I IL G Ipl A d prpl 1agPa a*Ira el p ��eo 6, i .xe aP.F.. INFILL DOWNTOWN c" & ON KEY CORRIDORS Pmceed y P1.�ao',n�ae.amng aen,amm� ea amow,l a SP -1 I MPRA -- ----- . na o e w qac l.q nova oW. o.) m6e mea Li o.e Spuifla Plan may po¢ed SOUTH GATEWAY - - C�amoee lmp^vemen�s - =ieA�mdler uv:mas park M.ypmmed lnderrendnml.emMdera! SPn'Plan C.c mrtouaaeavgdme . l R" -11 tluae inlomntion on wM1a[PTP-mes erebp wlAwae 0.00tlsoludonln ph¢ ana pmvlacmols m pmmam Ah 'RING LAKE SPECIFIC PLAN Mill-, pnarny f Draft Revised Preferred Plan -SPIAREA .e. 1rc, 1 SF l Plan dd Ip 1 d M1 Ran nmp n n d n lio b gdvgned ar d,r read 0 b y DYETT & BHATIA Urban and Regional Planners REDLANDS, CALIFORNIA ONGOING Redlands Community Visioning, and General Plan and EIR The City of Redlands is known for its unique and historic character high quality of life, and enviable environment. Successful planning efforts have resulted in the development and preservation of desirable neighborhoods. Dyett & Bhatia was selected by the City to update its General Plan, the current version of which was drafted by D&B in 1995. For this effort, D&B has drafted an existing con- ditions report with extensive maps to document the city's planning context; facilitated community workshops; prepared and analyzed an online survey; and worked closely with City staff and a General Plan Steering Committee composed of Redlands citizens to establish a new policy IT amework for the General Plan. the project will also involve land use plans and diagrams for "transit villages," and preparation of an Environmental hnpact Report. The General Plan update builds on a community visioning effort led by D&B in zoo e, which resulted in a Strategic Plan containing recommendations on vision and key themes for a comprehensive General Plan and Zoning Ordinance update. D&B also completed Redlands' existing General Plan and the last three Housing Element updates. Tell Us What You Think' Become part ofthis exciting process be are plan far the future of.cr ciryl The pry or Red I, rude la an A,orren I, be first phaae In omprehenstve renvion oust'rye General Plan, which was last updamd in,gg5. The ocrical Plan is a document accrued tithe Car C,e,,Itog Ju sur acv's fin— 11can bede-died m 1Lhuwnf.. anddwelopm — 11 ,or.ssca bread cornmunit, values and goals, bves a pfctmue on how the ch, should Iosktn the future, and udlne steps to Per then' It addresses mpcasu,h as hnd a se m iep,rwnw,, part, nd open space, and natural remurca mnservatlon. The Update will hzppen over a tmorear pence, and will be shaped sy yoorideas. IFyou Fay. eary q ... tronz abed in survey e, ne c.wdl Plen plesae rnnra¢ Robutrain uesC Pnndpil plannerwith the Ga v 9og�TgflTf6. FILL OUT THE SURVEY the an niched survey hes been sem to a randomly seletled °roup of residents. It includes gratia it, designed to idanti(y u Valen and iesuzs on he addressed In the C ... oll Phn_ FII it oral To" ll;I Id or indloaled an rclwn ndrhm SM1ou avn 11151de, 5mla'd a,,, send rw He REDLANDS GENERAL PLAN MAIL SURVEY 2006 Q What s yo. Rue most unseat wing in Redlands? Q Lmkwil ahead, bar 1, the mart lmporpe,thin, thy, di-ld be dune to lmpmve Redlands? © please Indicate ifyoa agree or dlsagree with the fwl-wog about Redlands over the nexten rears. The Cdr should: a expand he -In, ponu nitics. _. aen[e -rt t¢senm ,uLaee vellulI DYETT & BHATIA Urban and Regional Planners Santa Monica Land Use/Circulation Elements, Zoning Ordinance SANTA MONICA, Santa Monica is a community with a strong sense of place, distinction, and character. CALIFORNIA The City has been a leader in the development of new planning approaches that combine ADOPTED 2010 a concern for providing housing, transportation and other opportunities for a diverse APA CALIFORNIA population, while fostering pedestrian -scaled environments, sustainability, and preser- CHAPTER AWARD, SANTA vation of the community's character and heritage. MONICA LAND USE AND TRANSPORTATION Dyett & Bhatia led the extensive public participation and development of the preferred ELEMENT (2010) strategy that culminated in the adoption of the LUCE in July 2010. Outreach efforts led by D&B included workshops and forums where 2,5oo community members participated, and a mail -in "Discover Santa Monica Guidebooks" sent to everyhousehold in the city. Following LUCE, D&B prepared a comprehensive update of the City's Zoning Ordi- nance. In addition to implementing the LUCE, objectives included improving the permit review process; creating a more user-friendly, clear and concise document; a regulatory structure that accommodates arst century uses, activities, and needs; and implementing LUCE provisions that allow increases in height and floor area in exchange for commu- nity benefits. S.1aMo ,., _UPL,. DYETT & BHATIA Urban and Regional Phan .,s San Pablo General Plan, EIR, and Housing Element Update SAN PABLO, CALIFORNIA Thenew General Plan responds to key ideas from the community and focuses on current 2011 and future community needs. The Plan establishes a new vision for the City, one that APA NATIONAL AWARD fosters mixed-use development along the city's transportation corridors and protects OF ACHIEVEMENT San Pablo's environmental quality In addition to the usual General Plan elements, the IN ENVIRONMENTAL San Pablo General Plan includes an Economic Development Element that establishes PLANNING: SAN PABLO policies to build a diversified job base, expand education and training, and develop re - GENERAL PLAN HEALTH ELEMENT (2013) gional attractions for the city. The Health Element—winner of a National Award from the American Planning Association—promotes health and emotional well being of San APA NORTHERN Pablo residents. CALIFORNIA SECTION FOCUSED ISSUE AWARD: SAN PABLO GENERAL PLAN HEALTH ELEMENT (2012) - f -^II °r r( P'• n9u red -1 -f` Health Factors ,1 1 t mals 5"perm-kata and Cerner Gro2ry 51.2 t,e. ry a ©n pllal ® Other O adlCal Related haGNes i— I'le", emv=le aoanan' Parks s p rmarken2: rysmr-: 5 -1 Welk gDst , j 8P Parr e n wmktw n>=tanre a f f - ,. - lOn, llmlt, - *daram.ays I zas IMF t �—y y =' ..zam DYETT & BHATIA Urban and Regional Planners Visalia General Plan Update and EIR VISALIA, CALIFORNIA Dyett & Bhatia prepared a comprehensive General Plan update and associated EIR for 2014 the City of Visalia, a growing community in the heart of California's San Joaquin Valley. The General Plan integrates sustainability goals into the long-range planning process, with an emphasis on community enrichment, employment growth and diversification, and natural resource conservation and stewardship. Community outreach included bi- lingual newsletters and mail in survey, project website, public workshops, and a series of multilingual focus groups and structured stakeholder outreach. Inter active exercises at Community Workshop DYETT & BHATIA Urban and Regional Planners Emeryville General Plan, Design Guidelines, and EIR EMERYVILLE, CALIFORNIA Emeryville is located at the geographic center of the Bay Area. Thecity has seen a re - 2009 markable transformation in the past zo years—from an industrial center with decaying APA Northern California buildings and contaminated sites,. to a dynamic center for regional commerce. Chapter Award of Merit, Comprehensive Planning, The new General Plan seeks to guide the next era of Emeryville's development—as a Small Jurisdiction (2010) livable, sustainable, urban community. The plan emphasizes mixed-use neighborhoods and walkability, with all residents within a five-minute walk of neighborhood commer- cial amenities and open space. The city will be knit together by new and "complete" streets with character -based typology, and a multi modal transportation system. 'lhe plan triples the amount of open space, identifying two new large parks, pocket parks, and plazas, and a system of greenways and green streets. Emeryville will have the highest employment density of any Bay Area city (25,000 jobs per square mile), and overall pop- ulation density (14,000 people per square mile) rivaling that of San Francisco. The plan includes Urban Design and Sustainability elements, and a detailed Implemen- tation Program. Extensive community outreach, a 3-D computer model of the entire city, photo simulations for major transition areas, and GIS -based walkability analysis accompanied plan preparation. Following General Plan adoption, D&B also prepared citywide design guidelines, which further Urban Design Element's policies of commu- nity -oriented development. I 3-D Cilyvide Computer Model DYETT & BHATIA Urban and Regional Planners Emeryville General Plan, Design Guidelines, and EIR ai�xi`� allh€° Ie'o:a R:;'i". a moa�i Sun Fra n c l s co Bay Bicrae wrvo reoes.aiwry ECTIVIFff uItnliuEIn �Biry�INRaervvn V�d,x ....opulnarLsd Murev z �APP'�e"d OexpwNOAarpw DYETT & BHATIA Urban and Regional Planners Belmont Village Specific Plan BELMONT, CALIFORNIA In early 2015, the City of Belmont retained Dyett & Bhatia to prepare a Specific Plan ONGOING for the Belmont Village Priority Development Area (PDA). Belmont Village, located in the heart of the city at the intersection of Ralston Avenue and El Camino Real, rep- resents Belmont's primary opportunity for revitalization and creation of a true town center, Addressing urban design, streetscape improvements, and multimodal access and connectivity to the Caltrain station and nearby businesses and neighborhoods are the primary objectives of the plan. It will also include a comprehensive implementation program, new development standards and design guidelines, and an infrastructure fi- nancing strategy. Pro forma analyses of prototypical development types will ensure that the standards result in financially feasible projects, Belmont Yl6grFsiority Develop tArca f BELmon'r �5,�� 7�aa 0 l �~�Wrx ��"t� maurnmxmn O The BelmontVillage Speciftelfands anxmpmtantopportuntly A, create oadmaptogm I t d l p entinme Village W 1 cmeyourideasand mviN you tojo hp gth future of Belmovt Vill g. GEOGRAPHIC AREA COVERED ahNMNs LAND BSE ..... oS o .. s a '`r n,. �G.,.la,t. C. �I.a.r'R..Lrn-n o�,n �Alt, a,a.dr.mm l ord.,.d oa.,d,aQaw .1,01.ame nom, [ LentR.. Wd.a u;i a �.r w.mnoe Dy ETT & BDATIA soum atvnrsc tzozb san pmtz -ty ru:::..z ndra............. L'a "e.o=••ism.... Belmont Yl6grFsiority Develop tArca f BELmon'r �5,�� 7�aa 0 l �~�Wrx ��"t� maurnmxmn O The BelmontVillage Speciftelfands anxmpmtantopportuntly A, create oadmaptogm I t d l p entinme Village W 1 cmeyourideasand mviN you tojo hp gth future of Belmovt Vill g. GEOGRAPHIC AREA COVERED ..... '`r ED KEY ISSUES i0 BE ADDRESSED BYTHE PLAN Thepmctemix coand uses forthe Village ares,including msidenthdreta0, ninee,erdocti n cent, and public as Tmnspocr.aon, eimulaboic. it alkil tmprovemente to make it easier, and more pleasant to get around Strategies W stimulate economic dcee c rant in thii Village Building prololypes that would be financlany feasible in the Village no ammat and location of housing that is appropriate for the Village, including affordable and rtmzketrate units Urban design, development, and streetscape standards to ensure high quality aevelnpment Financing strategies and key capital improvements to catalyze investment DYETT & BHATIA Urban and Regional Planners San Diego Downtown Plan SAN DIEGO, CALIFORNIA Downtown San Diego is serving as a model of urban development Since completion of ADOPTED 2006 the Downtown Community Plan by Dyett & Bhatia in 2oo6, 16,5oo housing units, 4.3 million s.f of commercial space, and 6,10o hotel rooms have been built/under construc- tion/approved – the most in any downtown in the western U.S. The Plan envisions the usoo-acre downtown as a tapestry of distinctive and livable neighborhoods, with go,00o residents and nearly 170,000 employees—the third most populous downtown in the United States (after New York and Chicago). All residents will live within a five-minute walk of a neighborhood center, with easy access to stores, transit, and a transformed waterfront. The Plan emphasizes the public realm and outdoor living, capitalizing on San Diego's balmy Mediterranean climate. Sophisticated 3-D computer modeling of the entire downtown, done in-house by Dyett & Bhatia, ensures that sunlight reaches parks and streets. The Plan addresses a full spectrum of topics, including land use, urban design, streetscapes, historic preservation, design and development standards, transit, and parking. Several new parks are located, and majority parkland has been acquired. In- centives and a transfer of development rights program are included. http://civicsd.com/ im ages/stories/downloads/planning/dcp/ D owntown_Comunity_Plan_All.pd f Dyett & Bhatia led a multidisciplinary team, as well as planning, urban design, and outreach. Dyett & Bhatia also prepared new zoning regulations, which were adopted concurrently with the Plan. the Plan was adopted unanimously at the very first City Council hearing, with the outreach called by a Councilmenber "... one of the most inclusive in San Diego in quite some time", with 1,soo people directly participating in meetings and workshops. r t sig .a . xi 1. } r ., Kt SASZa DYETT & BHATIA Urban and Regional Planners DIAMOND NSIVE Ian up' ate PROPOSAL I MARCH 11, 2016 .i. MEG 537 SOUTH RAYMOND AVENUE, PASADENA, CA 91105 626-744-9872 1 www.migcom.com In association with 'j+ FEHR &. PEERS I HR&A ADVISORS Letter of Introduction Statement of Understanding Section 1 understanding 1.1 j methodology 1.5 Scope of Services Section 2 approach 2.1 scope of work 2.2 Proposed Schedule Section 3 Team Organizational Chart Section 4 key personnel 4.1 team organization 4.1 Budget Section 5 Additional Information Section 6 firm qualifications 6.1 references 6.6 contractual requirements 6.28 Appendix - Optional Development Code Update Section 7 optional scope of work 7.1 537 South Raymond Avenue Pasadena, California 91105 P (626) 744-9872 F (626) 744-9873 www.migcom.com CALIFORNIA BERKELEY, FULLERTON, KENWOOD, PASADENA, RIVERSIDE, SACRAMENTO, SAN DIEGO AND SAN JOSE COLORADO DENVER NEW YORK PLEASANTVILLE NORTH CAROLINA RALEIGH OREGON EUGENE AND PORTLAND TEXAS SAN ANTONIO WASHINGTON SEATTLE March 11, 2016 Mr. -Greg Gubman, AICP, Community Development Director Community Development Department, Planning Division City of Diamond Bar 21810 Copley Drive I Diamond Bar, California 91765 Re: Request for Proposals for Diamond Bar Comprehensive General Plan Update Dear Mr. Gubman and Members of the Selection Committee: Thank you for inviting MIG, Inc. to provide this proposal for a comprehensive update of the City of Diamond Bar General Plan. We are delighted to have the opportunity to participate in this community -driven process to establish objectives and strategies for the next 20 years and beyond. Since its incorporation in 1989, Diamond Bar has matured into one of the San Gabriel Valley's premier residential communities, with neighborhoods that offer a diversity of housing types, abundant open spaces, an extensive network of multi -use trails, and community services that other cities envy. Residents appreciate Diamond Bar's well-maintained recreation facilities and highly regarded municipal services. The corridors of Brea Canyon Road, Grand Avenue, and Golden Springs Drive provide places where small and large businesses can thrive. The City's goal is to ensure that a proper land use balance is maintained over the long term so that revenue -generating uses can continue to support the quality of life the community enjoys. Diamond Bar has a legacy of thoughtful planning and well -executed implementation, and as the City approaches a built -out condition, City leaders look to establish an updated General Plan that will guide the community through the next 20+ years, offering a bold vision for the future while embracing Diamond Bar's successful past. RIGHT TEAM: The process of updating the General Plan will allow the City to reaffirm its values and vision, and look toward the next 20 to 25 years. In looking toward that future, the City needs an innovative approach that engages residents who are impassioned about where they live but may be unsure of how to get involved. To achieve its goals, the City of Diamond Bar looks to work with a creative and equally passionate consultant team of land use planners, economists, and transportation specialists that can guide the process and craft a concise, action -oriented General Plan. The MIG Team is that team. This project taps into the full range and many strengths of our multidisciplinary firm. The team will be led by Laura Stetson, Lisa Brownfield and Genevieve Sharrow, who are seasoned planners with experience preparing more than 20 General Plans for diverse cities. To complement MIG staff, we have hand -selected a team of professionals with whom we frequently team to address the content -area technical specialties of mobility, land use economics, and fiscal responsibility. Fehr & Peers and HR&A Advisors will contribute expertise and knowledge of the community critical to a successful effort. Our team has worked extensively in the San Gabriel Valley area. We understand the City's particular needs and the community culture. PLANNING / DESIG'N / COMMUNICATIONS / MANAGEMENT / TECHNOLOGY RIGHT EXPERIENCE: For over 34 years, MIG has been connecting people with places through engaging, contextual, reality -based planning processes. Our in-house planning and urban design team has a proven record of managing projects that are community driven. Our planners, GIS technicians, and outreach specialists work collaboratively with City staffs to create robust and inclusive programs. Cities we have helped achieve success include Arcadia, Baldwin Park, Claremont and Rancho Cucamonga. We specialize in serving communities with populations that may be hesitant to be involved due to language or cultural barriers. Our goal is to hear all voices and reflect those voices in plans and action programs. We are recognized experts in developing General Plans for jurisdictions that, like Diamond Bar, are focused on maintaining and protecting the distinctive qualities that define their community while allowing for modest, desired growth. For each General Plan we prepare, we tailor policies, programs, and actions to achieve community goals. The plans we prepare in collaboration with our client cities reflect a community's DNA. RIGHT APPROACH: Our approach includes a detailed market analysis and robust community engagement that are the foundation of all of MIG's work. Team member HR&A will conduct market research and fiscal analysis that will inform land use decisions. MIG will lead the public outreach. The transportation planning experts at Fehr & Peers will work with the City and consultant team to develop a Complete Streets approach to mobility and address the impacts of the planned SR-60/SR-57 upgrade. MIG is well known for our ability to engage all members of the public in planning processes in meaningful ways using innovative high -touch and high-tech activities. Through stakeholder interviews, intercept events that will capture people's imagination, work with an advisory committee, and several fun workshops, we will tap deep to discover community interests. The input will clearly reflect the community's preferences. The MIG Team is very excited about this opportunity, and we look forward to sharing our ideas with you further. Please note that both the scope and budget are flexible and can be adjusted to meet your specific requirements and goals. This proposal remains valid for a period of 90 days. If you have any questions or would like additional information, please contact me in our Pasadena office at Istetson®migcom.com or 626.744.9872 or our Project Manager Lisa Brownfield at lisab@migcom.com. Regards, � fStA;/ Laura R. Stetlon, AICP Principal Daniel lacof�� , FAICP, FAIA CEO/Authorized Signatory PLANNING / DESIGN / COMMUNICATIONS / MANAGEMENT / TECHNOLOGY RIGHT TEAM AREAS OF EXPERTISE General Plans Zoning Codes Development Codes Specific Plans CEQA Project Management Meeting Facilitation EDUCATION • BS, Environmental Earth Science, Stanford University • Graduate Coursework in Public Administration, American University AREAS OF EXPERTISE General Plans Zoning Codes Development Codes Specific Plans CEQA Project Management Meeting Facilitation EDUCATION • MA, Urban Planning, University of California, Los Angeles • BS, Urban Planning, California State Polytechnic University, Pomona MEG Laura Stetson has served as Principal or Project Manager on general plans, zoning and development codes, specific plans and special planning studies for diverse cities throughout California for nearly 30 years. In this capacity, she has worked with advisory committees, commissions and councils to develop long-range goals, policies and programs, and to craft the regulatory tools to ensure effective approval and implementation of various plans. She has conducted background research for planning, written plan elements, coordinated preparation of plans and related environmental documentation and presented recommendations to decision-making bodies. She also directs preparation of CEQA documents, either as part of planning programs or to address development projects. RELEVANT EXPERIENCE General Plans Zoning & Specific Plans *California Chapter APA Award Winner General Plans • Costa Mesa Zoning • Cudahy • Arcadia • Montebello • Arcadia • Redwood City • Azusa • Monterey Park • Baldwin Park Mixed Use* • Brea* • Rancho • Brea Hillsides • Garden Grove • Baldwin Park Cucamonga . Commerce Mixed Use • Claremont* • Redwood City* • Duarte • Temple City • Colton • Rialto • La Mirada Sign Code • Costa Mesa • Riverside* • La Puente • Vernon • La Palma • Rosemead • Loma Linda • Westminister • La Puente • Torrance • Maywood • Long Beach • Vernon • Newport Beach • Manhattan Beach • Walnut Lisa Brownfield has managed and prepared general plans and policy documents that highlight sustainability and healthy city concepts; prepared industrial, commercial and recreation oriented specific plans; conducted special land use, housing and circulation studies; reviewed and amended zoning and development codes; and conducted and prepared environmental reviews and analyses. In her nearly 20 years of experience, she has led large consultant teams and city staff; formulated, monitored and ensured compliance with project budgets and schedules; ensured all technical and presentation materials and products are of the highest quality; envisioned, created and facilitated significant public outreach programs; and presented technical concepts, plans and managerial reports to decision -makers, members of the public and related professionals. RELEVANT EXPERIENCE General Plans Zoning & Specific Plans • Azusa • Azusa Development • Costa Mesa Code • Cudahy • Redwood City Mixed • Huntington Beach Use Zoning • Los Angeles • Ontario SOI Specific • Redwood City Plan • Rosemead • Rosemead Garvey Ave Specific Plan • Arrow Hwy Corridor Specific Plan PROJECT AWARDS • Redwood City General Plan Outstanding Achievement for Small Jurisdiction Planning Effort, APA, California Chapter • Los Angeles General Plan Framework. Outstanding Achievement for Large Jurisdiction Planning Effort, APA, California Chapter • Azusa General Plan and Development Code. SCAG Compass Blueprint Award, Visionary Planning for Livability Award City of Diamond Bar I Comprehensive General Plan Update III M RIGHT TEAM AREAS OF EXPERTISE General Plans Zoning Codes Development Codes Specific Plans CEOA Project Management Meeting Facilitation EDUCATION • MA, Urban Planning, University of California, Los Angeles With 10 years of experience, Genevieve Sharrow provides a broad range of planning and planning related services to clients. Her primary responsibilities include preparing and assisting in the preparation of general plans, with housing element expertise; zoning ordinances and development codes; HUD applications and compliance documents; and environmental analysis and CEGA documentation. She has extensive experience with long-range planning documents and implementing codes. Genevieve also has experience in leading community outreach efforts as an integral component of projects, especially as related to General Plans and HUD compliance documents. Genevieve has led facilitated discussions with stakeholders, conducted one-on-one interviews, participated in large open -house meetings with community members, created and administered surveys, and given presentations to interest groups, Planning Commissions and City Councils. RELEVANT EXPERIENCE General Plans • Baldwin Park Health and Sustainability Element • La Palma • Redwood City* • Rialto • BA, Social 9Y� AnthroP olo • Rosemead General Plan EIR University of Michigan • Vernon RIGHT EXPERIENCE Relevant Experience * California Chapter APA Award Winner Zoning and Related Work • Arcadia Zoning and Subdivision Code • Baldwin Park Zoning Code • Duarte Development Code • Garden Grove Mixed Use Zoning • Redwood City Mixed Use Zoning* • Vernon Zoning Ordinance • Initial Studies/(M)NDs/Addendums to EIRs for Zoning Amendments, Baldwin Park, Duarte, Monterey Park, Garden Grove and Redwood City, California The tables on the following pages highlight the MIG Team's experience preparing general plan updates, zoning and development code updates and similar planning documents relevant to the proposed Diamond Bar Comprehensive General Plan Update. We have provided in Section 6, Additional Information detailed descriptions of our team's most relevant project experience. This experience is accompanied by additional relevant planning and community engagement experience and a description of our subconsultants' relevant experience. Through all of our projects, our team exhibits dedication to quality and creativity, a flexible approach and a commitment to completing projects on time and within budget. Iv City of Diamond Bar I Comprehensive General Plan Update Project Logo developed for Arcadia General Plan Update M G RIGHT EXPERIENCE City of Diamond Bar I Comprehensive General Plan Update v w aY5 c MEE U Planning Issues MIG Team Select General Plans and Relevant Projects N .- rn„ a E ry E a c m 2 o `o u v w m v�oE OE m c = {s EU E '.° m U -2 of m m b E v U D u �a s 12 a a o— E - EE•VE lwc 7'rn ,n ' F x nW x Un MIG, Inc. Arcadia General Plan • • • • • • • • • • • • • Claremont General Plan • • • - • • • • • • • • • • • Baldwin Park General Plan and Sustainability Element • • • • • • • • • La Puente General Plan • • • • • • • • • • • Rancho Cucamonga General Plan • • • • • • • • • • • • • • • Rialto General Plan • • • • • • • • • • • • • Riverside General Plan • • • • • • • • • • • • • • Colton General Plan (Land Use; Circulation and Housing) • • • • • • • • • • • • • • Redwood City General Plan • • • • • • • • • • • • • Costa Mesa General Plan Update • • • • • • • • • • • • • Torrance General Plan Update • • • • • • • • Long Beach 2030 Focused General Plan Update • • • • • • • • • • • Santa Monica Land Use and Circulation Element • • • • • • • • • • • • • Brentwood General Plan Update • • • • • • • • • • General Plan Community Engagement Programs for. Chula Vista, EI Cerrito, Los Angeles, Malibu, Palm Springs, Sacramento County, San Leandro, San Bernardino County and Santa Barbara. General Plan Vision Element and Visioning for. Belmont and Sunnyvale Fehr& Peers. PasadenaTransportation Performance Metrics and General Plan • • • • • • Mobility Element EIR Burbank Travel Demand Model and General Plan Transportation • • • • • Analysis Support City of Diamond Bar Transportation Performance Evaluation • • • • • • • HR&A Advisors West Covina General Plan Update • • • • • • • • A New, Post -Redevelopment Economic Development Services • • • • Delivery System for the City of Los Angeles ARRIVE Corridor Market and Implementation Strategy • • • • • Chula Vista Economic, Fiscal and Real Estate Advisory Services • • • • • • Zoning/Development Code Issues MIG Select Zoning ProjectsE w e c a < v < v m aTim a 'Oc c m 0 o Eo m E �Ee e c c EE vu. v >Q cYci v o 3> 0` E� c E y `w E Ern c ca wm p00 v o•- SONO ov Ua' Oar J❑ cep LOVI oe„ ooe mo 0 �LJ�UI ZU� �LL UW 0Zwa �VIt7� Arcadia Zoning Ordinance Update • • • • • • • • • • Baldwin Park Zoning Code Update. • • • • • • • • • La Puente Zoning Code Update - • • • • • • • • Riverside Zoning and Subdivision Codes Update • •• • • • • • Duarte Comprehensive Development Code • • • • • • Redwood City Mixed -Use Zoning Ordinance • • Lee Garden Grove Mixed -Use Zoning Regulations • • • 1 • 1 • 1 • City of Diamond Bar I Comprehensive General Plan Update v RIGHT EXPERIENCE Key Relevant Experience • General Plan update for multicultural suburban community • Robust multilingual community outreach program • Provides strategies to rehabilitate underperforming corridors • Allows for more urban -scale uses and development patterns surrounding new transit station • Successful General Plan Update has led to current Zoning and Subdivision Code • Solutions tailored to address the issues of blight and commercial revitalization • Healthy communities and environmental sustainability strategies • Comprehensive bilingual community engagement program • Defined neighborhoods for first time in City's history, with unique goals for each • Managed an Advisory Committee of 104 members, with additional robust public engagement • Unanimous support from a previously divided City Council • Highly graphic general plan update incorporating health and environmental sustainability • Robust community engagement plan • Increased community's awareness of and resulted in a strong commitment to historic preservation • Report Card summarizing changes in transportation performance metrics • Metrics address travel time savings, travel speed improvements, delay savings, GHG emission savings, fuel consumption savings and benefits/ investment analysis • Among other projects under existing on-call contract for transportation planning and engineering services with the City vi City of Diamond Bar I Comprehensive General Plan Update • Market Feasibility and Economic Development Strategy • Assessment of the City's fiscal health • Economic Development Element for the General Plan SECTION ONE Statement of Understanding Understanding The City of Diamond Bar, a maturing suburban community, is at a critical point in its history. Since incorporation in 1989, the community has planned and managed growth to focus on continuing its status as a premier residential community, with supporting commercial uses and a successful business park that benefit from the City's location at the intersection of Los Angeles, Orange, and San Bernardino counties, and with reasonably easy freeway access via the Pomona (SR -60) and Orange (SR -57) freeways. However, Caltrans' current plans to reconfigure the challenging SR -60 and SR -57 interchange and thereby affect adjacent properties in Diamond Bar, together with the continually shifting commercial market, has caused the City to rethink how revenue -generating land uses need to be accommodated over the long term and how planning strategies may need to shift to ensure long-range financial stability. A comprehensive update of the General Plan presents the opportunity for a community conversation about how Diamond Bar envisions its next 20 years and beyond, and to put the policies in place that can achieve that vision. Diamond Bar is primarily a residential community, with over 56,000 residents who live in quality neighborhoods. The good local schools, rolling hillsides, over 70 acres of developed park facilities, hiking trails, 370 acres of undeveloped publicly owned open space, and community center offer amenities that attract residents of all income levels. Approximately 1,500 local businesses are as diverse as Allstate Insurance, the South Coast Air Quality Management District, and Walnut Valley Unified School District. Diamond Bar has maintained its low-density character due to topography and environmental constraints, as well as the community's desire to preserve and enhance the area's "Country Living" character. Over time the City has attracted highly educated residents and as a result, higher -income households. According to the U.S. Census, 48 percent of residents aged 25 years or older have a bachelor's degree, compared to only 30 percent countywide. Median household income in the City is approximately $91,000, more than 62 percent higher than the countywide median of approximately $56,000. 'For the year 2013, the last full year for which data is available Despite these remarkable demographic and location advantages, the City of Diamond Bar has had modest success in maintaining its fiscal health. As indicated in the Request for Proposals (RFP), the City foresees significant challenges in maintaining or enhancing its fiscal resources in the years to come. Approximately 42 percent of the City's 2015-16 General Fund revenues are expected to come from local taxes, the largest shares of which include property taxes and sales taxes, with a relatively small contribution from transient occupancy taxes. As reported by the California State Board of Equalization, taxable retail sales on a per capita basis' are 60 percent lower in the City compared to the county. This gap is significantly greater compared to some of its neighboring cities such as Chino, Chino Hills and Brea that have more successfully captured regional retail sales dollars despite their comparable or lower socioeconomic positions. While the community is largely built out, with limited opportunities for physical expansion, City leaders recognize that the history of good planning that formed the community's foundation. As the City moves into a period of maturity, enhanced economic development will need to continue to be balanced with neighborhood preservation, environmental protection, sustainable practices, and maintaining a high level of community facilities and services. The City of Diamond Bar preparedits first General Plan in 1995 and most recently the Housing Element in 2014. The Housing Element update required that the City encourage private redevelopment of underutilized commercial properties with mixed-use or a multi -family residential component, and comply with the "no net loss" provisions of Government Code §65863 to accommodate the City's Regional Housing Needs Allocation of 1,146 units. Based on the Items of Primarily Local Interest identified in the RFP, the City also looks for the comprehensive General Plan update to achieve the following: Provide market feasibility and economic development strategies to stimulate economic development, promote long term fiscal sustainability, adaptive reuse of underutilized property, and encourage job growth City of Diamond Bar I Comprehensive General Plan Update 1.1 M 11 • Provide congestion management to reduce and mitigate traffic impacts, optimize traffic flow, and encourage transit - oriented development • Manage and protect environmental resources • Address public facilities and infrastructure deficiencies to facilitate future development • Preserve and enhance neighborhood quality, historical resources, and parks and open space • Protect and improve the quality of life for the City's aging population • Develop a unifying branding plan that creates a sense of place and community identity • Balance opportunities for new and infill development The General Plan update provides an ideal opportunity for the City and community to work together and identify ways to achieve long-term goals, with a focus on the community's values and preserving what makes the City of Diamond Bar great. The City looks for the update program to bring forth all voices in the community using innovative and effective engagement activities. Thoughtful planning, tailored policies and valued community input will allow City leaders to set the course for the next two to three decades. 1.2 City of Diamond Bar I Comprehensive General Plan Update DIAMOND BAR GOALS AND OBJECTIVES As stated in the RFP, the City's fundamental goal is to preserve its rural character by promoting its values: • Home and family • Environment • Rural character • Long-term fiscal sustainability • Community • Balance The updated General Plan will reflect and promote these values. The City envisions a modern General Plan that is easy to use and provides clear and internally consistent policy direction. Given the built -out nature of the community, the Plan will focus on "change areas" identified by the community through a creative engagement process. The Plan will clearly establish policy direction and priorities—particularly for investment decisions that will be flexible to accommodate changes in development approaches and technology over time. Importantly, City leaders must be able to monitor and measure progress toward goals using metrics defined in the General Plan. Given the investment of public dollars and the community's time in developing the General Plan, the City looks to adopt a Plan that will serve it well for many years. M 1 G Based on our review of the RFP and discussions with City staff, combined with our research, we have identified several broader issues the community will wish to address in this long-range planning program. Other issues will certainly surface through the interactive outreach events we plan to conduct, but these are givens: • Older Commercial Centers and Vacancies. Although largely a residential community, Diamond Bar has several commercial and office centers which today have over 130 office and retail space vacancies. Several commercial properties developed 20 to 30 years ago are now underutilized and have the opportunity to take advantage of contemporary development. Given prominent freeway and highway visibility and accessibility, as well as the buying power of the local community, these centers are not realizing their full economic potential. As a built -out community with limitedopportunities for new development on vacant lands, the City can only look to the existing commercial centers to support economic growth. The City is supportive of mixed-use development, which would provide housing close to places of employment. The General Plan will need to provide incentives to property owners and center operators to enhance the potential of commercial properties and encourage developers to pursue mixed-use development where appropriate. These new developments can accommodate diverse housing needs that are currently lacking in the community. • Remaining Infill Development Opportunities. Property owners and developers can be expected to want to maximize development potential on the remaining infill vacant lots and underutilized properties. It will be important that the General Plan clearly identify community values and priorities for current and future property investments for all sites and uses, from parking structures to cell towers to multifamily housing development. This will help minimize possible impacts to surrounding residential neighborhoods and areas containing sensitive natural habitats and other open spaces. Policies should require that all development proposals adequately address impacts associated with traffic, rural aesthetics, building heights, existing neighborhood context, hillside terrain constraints and other conditions. New development must respect Diamond Bar as an established, mature residential community that values its neighborhoods of homes. • Innovative Fiscal and Economic Opportunities. Due to limited infill commercial development opportunities and lack of diversified uses that produce sales tax revenue, it will be important that the General Plan clearly identify current and future property investments, and consider new alternatives and innovative approaches to increase and maximize sales revenue for all potential infill sites, including the Diamond Bar Golf Course along the freeway. This key site could be transformed into a regional commercial destination, as long as a replacement golf course site can be identified. The MIG Team includes the resources - and creativity of HR&A to provide market feasibility and economic development strategies to stimulate economic development, promote long-term fiscal sustainability, adaptive reuse of underutilized property, and encourage economic. growth. The work of HR&A will identify: City of Diamond Bar I Comprehensive General Plan Update 1.3 o Achievable Scale and Scope of Development. Provide the City with a clear understanding of the supportable land uses and development potential in key redevelopment/reuse sites and existing commercial corridors in terms of their market and financial feasibility, and define critical success factors. o Fiscal Returns on Development. The analysis will evaluate and clearly demonstrate the financial benefits of potential land use alternatives in terms of fiscal impacts to the city as well as qualitative benefits to the community. o Successful Implementation. Most importantly, HR&A can provide the tools and messaging necessary to move development forward, whether convincing residents to see new development opportunities in a new light, conveying a full understanding of the benefits, or formulating the necessary infrastructure financing strategies to support. growth. We will formulate the economic development element for the General Plan Update to include a clear economic development vision, goals and actions. Affordable Housing. Housing prices in Diamond Bar rank among the highest in eastern Los Angeles County and northern Orange County. With a growing portion of the City's population 65 years of age and older, Diamond Bar will experience a significant need for senior housing and services. Particularly those seniors 75 years and older will begin to require housing with a supportive service component. The City currently has only one senior (assisted) housing facility, the 149 -unit Seasons Apartments. 1.4 City of Diamond Bar I Comprehensive General Plan Update A major constraint to providing affordable housing on remaining vacant hillside parcels in Diamond Bar is the high cost of construction in hillside areas. Another cost constraint for construction in areas with steep topography is the low ratio of developable area to total land area. Residential projects in hillside areas have large amounts of open space and only about 25% to 30% of developable land. Regional Freeway Congestion. The 57/60 Confluence Project is underway to improve the interchange, ramps and lanes that result in collisions and congestion along the 57/60 freeways through Diamond Bar. Designated as one of the worst interchanges in Los Angeles County, this project is aimed at improving driver safety and reducing regional traffic congestion. The 57/60 Confluence is also on the critical regional route for the movement of goods from the Southern California ports. These improvements will not only improvement the freeway but minimize local congestion along Diamond Bar streets that connect to the ramps. The City can utilize the General Plan to build off of the 57/60 Confluence Project and prioritize future street improvements that improve local internal streets and traffic movement within the City. Hillside and Open Space Preservation. Diamond Bar consists of hillside terrain, undulating canyons and open space corridors lined with creeks and natural landscapes. These hillsides have created development challenges for developers, but provide opportunities forthe preservation of hillside open space and outdoor recreation areas. Various open space park trails provide unique access into the City's wilderness areas, providing the community with outstanding views of the surrounding landscape and rolling hillsides. The General Plan Update process can ensure that the community continues to set priorities for preserving and protecting open space habitat and hillside areas. Methodology In this section, we describe trends in General Plan programs, many led by MIG in our current work. We provide this broad list to encourage Diamond Bar to think boldly about the scope and approach to this updated General Plan. In Section 2, Scope of Services, we outline the recommended approach and methodology given our understanding of your objectives. The discussion on the following pages here describes the content that can be incorporated into process and ultimately, the new General Plan. GENERAL PLAN TRENDS Since adoption of the Diamond Bar General Plan in 1995, General Plans have evolved to address a broader scope of community objectives than those dictated by State law. The following conditions, trends and laws affecting long-range planning that this process will consider. A Concise General Plan. A trend currently discussed by planning professionals is creating concise, smaller documents that can be updated more frequently and easily, and that are capable of responding more quickly to rapid changes in the economy, housing market, political arena, and social landscape. These plans are more nimble and thus reduce the time and cost associated with updating. On -Line Format General Plan. An evolving trend is to move General Plans to an online format that is easy to read, with straightforward navigation among the various elements, goals and policies, and implementation measures. The objective is for city staff, decision makers, residents, property owners, and developers to easily comprehend policies directly related to their needs. This includes searchable text and online interactive maps. The interactive maps do not focus solely on land use information. Rather, the online maps can convey information about safety, conservation, road improvements, trails, and open space. FOCUSED GENERAL PLAN TRENDS Many communities are beginning to incorporate new ideas into their General Plans that are not required by State law such as healthy communities, sustainable practices, governance, regionalism and arts and culture. Some of the trending positions have overlapping purposes and recommended implementation actions, but a slightly different overall mission to achieve. The directions can also be blended to create the overall vision for Diamond Bar. MI G LAND USE Community Benefits with Density/Intensity Increases Several California cities have adopted ordinances that allow for additional height, floor -area ratios (FAR) and residential density bonuses for development projects that provide significant community benefits. Community benefits can include: • Affordable housing • Large family residential rental units • Ground -floorspace permanently reserved for neighborhood retail • Restaurants/cafes • Public space • Publicly accessible park and/or open space exceeding park requirements • Sustainable design • Greenhouse gases reduction requirements • Public right-of-way improvements • Social, cultural, and educational facilities • Historic preservation • Leasable areas devoted to small and/or local businesses Some cities use a point and menu system. Such a system is based on the type of community benefit selected from a menu. For example, a developer can generate points based on certain design characteristics that are included within a project. These design characteristics then equate to community benefit that can be applied to the project, such as an increase in FAR or density. While a point and menu system can offer flexibility, it can be challenging to administer and can potentially be unbalanced across different land use designations. Additional flexibility in benefit types may also be sought through the development agreement process. City of Diamond Bar I Comprehensive General Plan Update 1.5 M I Gr Long Beach PlaceTypes and Land Use Plan Place -based Approach: Urban Form Place -based planning is a way to shape the future of a city by concentrating on the function of specific neighborhoods in the overall community and their geographical relation to each other. Instead of assigning a land use designation to each area, a "place type" is assigned, which describes the look and feel of the area and outlines the form, character, and desired conditions of the neighborhood or district. These place types are tailored to reflect the character of existing areas, as well as the desired outcomes of the future land use mix and the built environment. The place type can also be tailored to address mobility, streetscapes, recreational opportunities, building orientation and scale, and design materials within each place. MIG used this approach for the recent Long Beach Land Use Element. Diamond Bar may consider applying place -making description within the General Plan to specific areas of the community where change is desired. 1.6 City of Diamond Bar I Comprehensive General Plan Update reStreets: Planning Initiative Complete Streets Conceptual Renderings TRANSPORTATION Complete Streets "Complete streets" is the concept of accommodating multiple modes of transportation on as many streets as possible. It focuses on ways in which the street can better serve the mobility needs of all users, especially children, elderly, and the disabled via different transportation modes (i.e., pedestrians and cyclists). Complete streets include wider sidewalks to accommodate pedestrians, designated bicycle lanes for cyclists, and travel lanes for automobiles. Building on the Complete Streets movement, the re:Streets Program is developing a comprehensive design manual for creating streets that are truly for everyone. The program seeks to answer the question of "what would streets look like if they served multiple functions beyond the movement of people and goods?" Streets can be designed to promote healthy urban living, social interaction and business, and environmental sustainability. MIG has been a leader in the re:Streets Program. (http://Www.restreets.org/) .I a I- % T`' r•e.•e ��u."a�i,�tr4a,+^Yemsw.+'wtm E-0wp nru, moo, NJ•,sa ,w�mtva�cey n�twav-inn r-.w-xwcw Long Beach PlaceTypes and Land Use Plan Place -based Approach: Urban Form Place -based planning is a way to shape the future of a city by concentrating on the function of specific neighborhoods in the overall community and their geographical relation to each other. Instead of assigning a land use designation to each area, a "place type" is assigned, which describes the look and feel of the area and outlines the form, character, and desired conditions of the neighborhood or district. These place types are tailored to reflect the character of existing areas, as well as the desired outcomes of the future land use mix and the built environment. The place type can also be tailored to address mobility, streetscapes, recreational opportunities, building orientation and scale, and design materials within each place. MIG used this approach for the recent Long Beach Land Use Element. Diamond Bar may consider applying place -making description within the General Plan to specific areas of the community where change is desired. 1.6 City of Diamond Bar I Comprehensive General Plan Update reStreets: Planning Initiative Complete Streets Conceptual Renderings TRANSPORTATION Complete Streets "Complete streets" is the concept of accommodating multiple modes of transportation on as many streets as possible. It focuses on ways in which the street can better serve the mobility needs of all users, especially children, elderly, and the disabled via different transportation modes (i.e., pedestrians and cyclists). Complete streets include wider sidewalks to accommodate pedestrians, designated bicycle lanes for cyclists, and travel lanes for automobiles. Building on the Complete Streets movement, the re:Streets Program is developing a comprehensive design manual for creating streets that are truly for everyone. The program seeks to answer the question of "what would streets look like if they served multiple functions beyond the movement of people and goods?" Streets can be designed to promote healthy urban living, social interaction and business, and environmental sustainability. MIG has been a leader in the re:Streets Program. (http://Www.restreets.org/) Car and Bike Sharing Car and bike sharing are fast becoming popular forms of alternative transportation. In these programs, cars and bicycles are made available for use on a short-term basis. The vehicles are shared by participants in the program, with multiple stations established around the city. These sharing stations can also be positioned at transit hubs to create linkages between other transit options to supplement the overall transit system. The car sharing program operates similarly to a membership rental car business, with a certain supply of cars parked near residential and mixed use areas for short-term use by members. Car and bike sharing programs offer convenient access to a car or bike when needed, without the cost and hassle associated with private vehicle or bike ownership. To promote this concept, the General Plan program might explore implementing bike share and car share programs as a citywide system. Smart Mobility The term Intelligent Transportation Systems (ITS) refers to the use of information and communication technologies to improve and coordinate the overall service of various modes of transportation, as well as traffic/ mobility management. Information and communication technologies are used to inform users of conditions on the street network such as traffic congestion, road construction, and transit schedules. This technology can be used to measure and survey conditions, synchronize traffic signals, and navigate cars. reStreets: Planning Initiative Community Workshop and Design Charrette Intelligent Transportation Systems can be applied to infrastructure planning, disaster response, threat surveillance, and coordination of multimodal systems. Applicable information and communication technologies include wireless communications, global positioning system (GPS) tracking, built-in computer processors within vehicles, sensing technologies and detectors, video cameras, Bluetooth, emergency vehicle notification systems, radar, and collision avoidance systems. HEALTHY COMMUNITIES/PUBLIC HEALTH The healthy community approach to planning and community development focuses on the recognition of the critical link between the built environment and public health, which drives decisions regarding land use, transportation systems, economic development, and natural resources protection. Well-planned and well-built communities make it easier for people to live healthy lives and improve their quality of life. Healthy communities planning strives to increase people's activity levels and diet, reduce pollution, provide easily accessible health care, and reduce stress. As a result of these efforts, the costs associated with obesity and other illnesses can be reduced. City of Diamond Bar I Comprehensive General Plan Update 1.7 Access to Healthy Foods Many healthy communities initiatives emphasize the access to healthy foods as a critical component. This means ensuring all residents have the ability to easily purchase fresh fruits and vegetables and wholesome foods. The intent is to encourage increased consumption of these foods to reduce diet deficiencies, replace high caloric foods, and encourage people to be mindful of what they eat. Many strategies can be used to provide healthy foods to communities. Popular programs include community gardens, urban farms, and working with nearby rural areas to sell locally grown fruits and vegetables. Farmers' markets and produce vendors provide a social place for residents to buy fresh fruits and vegetables. Many communities also work with grocery stores and markets to ensure produce is readily available and affordable via so-called "corner store" programs. Land use and zoning are often reviewed to identify hurdles to these programs (e.g., zones where farmers' markets are not allowed) and determine how to permit them (e.g,, appropriately allowing urban gardens). Additional benefits come with access to healthy foods. As residents have experienced with the Diamond Bar Community Garden, community gardens have the potential to increase physical activity for residents and provide opportunities for social interaction. Producing foods locally also reduces some level of long-distance food shipping. Diamond Bar Community Garden 1.8 City of Diamond Bar I Comprehensive General Plan Update If Diamond Bar wishes to address healthy communities concepts in the General Plan, MIG is well positioned to assist. We prepared the first Health Element in the State (in the City of Richmond), and we integrate healthy communities principles into many of the plans we prepare. Recently for the City of Baldwin Park we prepared a stand- alone Health and Sustainability Element. Physical Environment for Healthier Lifestyles To promote healthier lifestyles, the community can be better designed to promote walking and biking. As discussed above under the Complete Streets heading, streets designed for a variety of users and modes of transportation offer several benefits, including promoting personal health. Trails that conned residential areas to popular destinations such as schools, churches, grocery stores, and parks achieve this objective. Parks—preferably within a 10 -minute walk of residences—provide areas for recreation. A mix of land uses and greater land density shorten distances between homes, workplaces, schools, and recreation so people can walk or bike more easily. Diamond Bar may consider encouraging more mixed-use developments and projects that include activity amenities, such as trails, parks, and public gathering spaces. In addition, obstacles to healthy lifestyles can be identified and removed. Continued funding for programs, such as the Community Development Block Grant and Community Foundation Grant should be continued to raise community awareness and maintain progress toward healthy neighborhoods. SUSTAINABLE PRACTICES Sustainable practices are implemented to use resources in a responsible manner. Many sustainable practices focus on the reduced use of carbon -based fuels. These practices also address the negative by-products of carbon -based fuel sources and encourage the use of more renewable energy sources. Additionally, sustainable practices aim to improve the quality of air and water resources. System of Metrics A system of metrics is a set of tools used to measure the benefits of sustainable practices and determine whether or not efforts are successful in achieving the goals of the program. A metrics system typically includes numeric or other quantifiable indicators that provide overall direction and allow for achievement to be measured. Diamond Bar has already set the targets that may be included in an established metrics system: • State -mandated reductions for water use • Energy reduction targets related to energy efficiency projects • Greenhouse gas emission (GHG) measurements • Solid waste reduction targets Compact Development City form affects the level of resources used for infrastructure and buildings. If more people can be accommodated in more compact development areas, more areas can be devoted to natural water treatment, habitat, and open space for recreation. New compact development areas could be incentivized through density bonuses, streamlined development review, and/or reduced fees. Green Infrastructure Green infrastructure utilizes natural areas, natural systems (or systems that mimic natural systems), and natural processes to manage water quality, air quality, and drainage. Typically, green infrastructure is applied via stormwater management improvements, such as the use of vegetation, soils, and natural systems to manage runoff from storm events. Examples include bioswales, planter box design within rights-of-way, permeable pavements, and green roofs. Green infrastructure also refers to parks and open space that provide recreation opportunities and contribute to stormwater management and air quality through urban forestry. MIG's civil engineering division works extensively on green infrastructure projects, from concept to design. Natural Resources: Energy Efficiency and Water Conservation The City promotes several programs, plans, and projects that address energy efficiency and/or water conservation. The City may want to look into allowing residential water containment systems that use rain water as a domestic water supply for landscaping. For the General Plan update, policies may be strengthened to reflect increased City resolve to be a leader in sustainability practices related to energy and water conservation. Water Quality Federal and State regulations comprehensively address water quality and urban runoff. Additional areas for the City to consider are green infrastructure practices for water detention and treatment, as well as requirements beyond the standards needed to implement the National Pollutant Discharge Elimination System (NPDES). GOVERNANCE Transparency: Accessibility and Accountability Transparency in planning refers to the ability for all community members to have access to and open involvement in decision making. The nationwide movement is in response to past perceived closed -door activity, corruption, and the appearance that decisions made do not reflect the values and vision of the community. Accountability and accessibility are important principles inherent in well-functioning planning systems. These principles create fairness for anyone interested in following the process, providing input, and influencing the process and resulting decisions. Open governance frames processes so that people know what decisions are being made and why from the start of the issue to the policies made as a result of the process. Transparency builds trust in decision -makers and reinforces the ability of the general public to fully comprehend issues and provide solutions. The goal is a more democratic government. To require accountability means ensuring that decision - makers (including the public) can answer for actions taken, with recourse when commitments and standards are not met. It is the acknowledgement of responsibility for actions, products, decisions, and outcomes. To establish policies regarding government transparency, a few cities have incorporated Governance (or similarly named elements) into their General Plans. Examples prepared by MIG include Redwood City and Claremont. City of Diamond Bar I Comprehensive General Plan Update 1.9 Fiscal Sustainability Fiscal sustainability is the ability of governments to control expenditures and liabilities so that they do not threaten or default long-term goals in exchange for short-term desires. The concept has built on the notions of environmental and social sustainability where current needs are not put in front of the needs of future generations. This approach for responsibility was amplified during the recent downturn of the national economy, with cities making very difficult decisions. Indicators that can be used to measure fiscal sustainability include deficit, net debt, net worth, and primary balance. Fiscal sustainability policies can be incorporated into a Governance Element. REGIONALISM As the economy continues to shift and resources become more strained, communities are working together toward a goal that can better leverage individual strengths and reduce redundancy of time, money, and resources. Shared Municipal Services The consolidation of services is an emerging trend throughout every level of government. Direct budget constraints combined with a changing economy, State mandates, and the rising cost of energy, fuel, and materials have taken a toll on the provision of services. In response, government and service entities are recognizing that effectiveness and efficiency can be obtained by joining forces with another unit of government in an effort to cut costs by reducing redundancies. Government entities and service providers may collaborate on a variety of services. Some examples in regard to infrastructure include shared road maintenance, shared equipment use, shared storm and wastewater treatment facilities, and shared domestic water treatment, supply, and distribution. Shared services can also take the form of code enforcement, fleet and equipment sharing, public safety/Emergency Medical Services (EMS), and shared printing, purchasing, and human resources offices. Parks departments and districts are increasingly working with other recreation providers (such as school districts or sports organizations) to better provide recreation opportunities to their communities. Most shared services involve an inter -governmental agreement that outlines the various roles and responsibilities among the participants, as well as finances and procedures. ARTS AND CULTURE Arts and Culture Many cities are creating arts and culture inventories to identify, map, and assess resources to frame the historic, cultural, and social context of their communities. The inventory should include non-traditional resources, venues, and activities, such as informal gathering spaces, social or cultural clubs, specialty stores, and specialty restaurants. Streetscapes, building materials, and building scale can also contribute to a community's culture. Expanded arts and cultural programming to provide education about the historical and cultural context of Diamond Bar seems to be a natural next step for the City. The City can also work to embed arts and culture in community revitalization efforts. 1.10 City of Diamond Bar I Comprehensive General Plan Update SECTION TWO Scope of Services r ;�; e.1, Approach The MIG Team recognizes that the updated Diamond Bar General Plan must simply and accurately reflect the community's intentions. Our goal is to create a comprehensive and concise General Plan that reflects the vision crafted by the community. The General Plan will have well -articulated goals and policies to guide appropriate growth and change. The Implementation section will provide the tools for City staff and decision - makers to easily administer and implement the General Plan. Our proposed work program consists of a detailed series of phases and tasks, with information from each step creating the foundation for the next. Our approach uses resources efficiently while allowing City staff, the Planning Commission, City Council, General Plan Advisory Committee, residents, and property and business owners to have ample opportunity to review and comment on the information compiled during each major task. The MIG Team's approach to the City of Diamond Bar General Plan Update builds upon our prior work of developing innovative, sustainable and award-winning General Plans, outreach programs and environmental documents for communities throughout California. The General Plan will be a comprehensive, self -mitigating document that is intuitive, user-friendly and easy -to -read. The General Plan will be flexible but also focused, strategic and action -oriented. We propose a work scope that includes the following approach and tasks. Areas of Stability and Change. Our philosophy in approaching any General Plan program is "Don't Change What Works." The updated General Plan will provide guidance to protect and preserve areas with qualities that define the City. Opportunity/focus areas will be identified where potential land use changes should be considered. Through conversations with the community and detailed analysis, the MIG Team will look at options for the Diamond Bar Golf Course and underutilized or shuttered commercial developments (such as the Honda and Kmart sites), and consider the planning principles for the Tres Hermanos property. Provide an economic roadmap to maximize opportunities available to Diamond Bar. The MIG. Team will create a development policy framework to help Diamond Bar strengthen its fiscal condition by enhancing or adding new fiscal revenue sources that can be sustained in the years to come. We will provide the City with a clear understanding of the supportable land uses and development potential in key redevelopment/ reuse sites and existing commercial corridors in terms of their market and financial feasibility, and define critical success factors. Our analysis will evaluate and clearly demonstrate the financial benefits of potential land use alternatives in terms of fiscal impacts to the City, as well as qualitative benefits to the community. Most importantly, our team can provide the tools and messaging necessary to move solutions forward, whether that is providing the information and messaging that results in residents viewing development opportunities in a new light, conveying a full understanding of the benefits, or formulating the necessary infrastructure financing strategies to support growth. Team member HR&A has developed forward-looking market and implementation strategies that have transformed many communities across the country to realize their full potential in a changing economic and demographic context. We will formulate the Economic Development Element for the General Plan Update to include a clear economic development vision, goals and actions to result in success for Diamond Bar. Comprehensive Outreach Approach—Go to the Community. We have tailored an extensive, inclusive public outreach and engagement program that will use innovative and proven high-tech and high -touch tools to result in genuine community participation throughout the project. This approach ensures that the community will be kept well informed and actively engaged in the General Plan update processes. This engagement which will result in new planning and regulatory documents that have a higher level of community acceptance, user-friendliness and legal compliance. As needed, we will provide translation services to ensure everyone can participate in the language and cultural context most comfortable to them. City of Diamond Bar I Comprehensive General Plan Update 2.1 Having worked on numerous general plans in Southern California, we recognize that some communities have challenges obtaining full community participation, particularly if outreach is limited to single -purpose community workshops. We propose a more creative outreach approach that involves the MIG Team going out into the community to hear from a large number of participants through community intercept events and the training of community volunteers to gather input from their friends and neighbors. In addition, we propose to support joint study sessions with the Planning Commission and City Council to allow ideas and information to flow freely between these groups for coherent decision-making. We also propose to use a staff Technical Advisory Committee and a citizens' General Plan Advisory Committee; these meetings are all described under Phase 7 and their integration into the overall program is illustrated on the schedule in Section 3. The MIG Team will meet with these committees on a regular basis to: 1) present draft ideas and work products, 2) discuss emerging concepts and strategies and 3) confirm and expand upon community input. Innovative, Concise and User -Friendly General Plan. The MIG Team is committed to crafting a streamlined, user-friendly and graphically rich General Plan. The Plan will incorporate realistic, feasible implementation measures; it will be a living document with integrated progress reporting. Within each General Plan element, we plan to integrate sustainability and healthy community principles to ensure this General Plan fully meets the community needs. This approach will provide policy direction related to housing and service needs as the local population ages. Our approach will ensure that the City has a complete, internally consistent and legally defensible General Plan that reflects the community's vision for Diamond Bar. Also, the optional task for an updated Development Code (see information provided in the Appendix to this proposal) will fully reflect and implement the General Plan. 2.2 City of Diamond Bar I Comprehensive General Plan Update Scope of Work The MIG Team will undertake the following scope of work. These tasks are not necessarily sequential. Please refer to the work program diagram in Section 3, Proposed Schedule for an illustration of the work flow. PHASE 1: PROJECT START-UP AND BACKGROUND MATERIALS Task 1.1: Kick-off Meeting and City Tour At the beginning of the project, the MIG Team will visit Diamond Bar for an all -day kick-off meeting and City tour to formally launch the project. This event will have four primary components: Meeting with City Project Manager. The MIG Team and the City's Project Manager will meet to discuss the overall project and develop project management, communication, invoicing and billing protocols. The kick-off meeting will provide an opportunity for the MIG Team to collaborate with the City to finalize the project framework and work plan, and to refine the customized outreach strategy. Meetings with Individual Departments. Key members of the MIG Team will meet individually with City department heads for their respective topic areas. During these meetings, the MIG Team will discuss major project goals and will collect hard copy or digital files of existing data, reports and plans from City staff. As an alternative, we can conduct an "all hands" meeting to allow for the interchange of ideas. • Identification of Key Issues and Opportunities. The MIG Team, working with City staff, will develop a preliminary list of issues and opportunities to be addressed. City Tour. City staff will lead the MIG Team on a. tour of Diamond Bar to highlight individual neighborhoods and community areas, the overall geography of the City, key issue and opportunity sites, economic development areas, areas where land use change may be desired and other conditions to consider for the program. MIG will photo - document the tour for use in subsequent presentations and work products. City staff will be responsible for meeting and tour logistics (e.g., scheduling meetings, securing meeting rooms and van for City tour, etc.). Task 1.2: Outreach Toolkit and Volunteer Training MIG will design and develop an Outreach Toolkit to be used by trained community volunteers and City staff to meet with a variety of community groups, associations and individual citizens to collect community input in a variety of settings, such as regular meetings of community organizations or at a gathering of interested neighbors. Each toolkit will include a discussion guide, Frequently Asked Questions (FAQs) sheet, comment cards and PowerPoint presentation (as necessary). MIG will develop two kits: one for use at the beginning of the process and one updated midway through the project in order to get feedback as the draft General Plan develops. MIG will conduct two training sessions for community volunteers and City staff on how to use the Outreach Toolkits. City staff will be responsible for helping the team solicit the volunteers. Also, as need volunteer training and the toolkit materials can be translated in up to two other languages. A General Plan Advisory Committee will also be convened to advise the project team and help the City promote participation in the General Plan Update process. The specific task for committee meetings and involvement is described under Phase 7 below. Task 1.3: Decision Maker and Stakeholder Interviews The MIG Team will conduct stakeholder interviews (approximately 20 one-on-one and small group interviews). This will include interviews with City Council members, Planning Commissioners and chairs of other City commissions, as well as local stakeholders (e.g., community group leaders, major business/property owners, school districts, etc.). The interviews will be informal and will provide a valuable opportunity to better understand desired project outcomes and perspectives of key decision makers and stakeholders. We have budgeted two to three full days for interviews. The final list of interviewees will be developed by MIG in close coordination with City staff. City staff will be responsible for contacting and coordinating interview times, as well as securing room(s) at City Hall to hold the interviews. ro..e . .......... Envision ,. _Also m W FF Envision Burlingame General Plan Program Website Task 1.4: Project Webpage Development and Maintenance MIG will work with City staff to create a unique project webpage within the City's existing website. While it is assumed the webpage will be hosted by the City, we also assume that it will be linked to various features through MIG's suite of proprietary web -based tools known as TownSquareTM. MIG will work with City staff to determine final webpage features and content. However, we anticipate using some combination of the following tools: • Comment Publisher: this tool can be used for registered users to provide web -based comments on planning topics and draft documents • Calendar and Event Manager • Document Library • Google Translate toolbar: enabling users to easilytranslate the website into over 60 different languages The webpage and associated features will be used throughout the process for up to 36 months or longer as needed and mutually agreed to. Once the project is completed, MIG will send the City electronic copies of all webpage materials and content to be reloaded on the City's website. (MIG retains ownership of all underlying software and publishing tools.) Reporting of site statistics, usage and network performance will be provided at the request of City staff, but no more frequently than quarterly. City of Diamond Bar I Comprehensive General Plan Update 2.3 Task 1.5: Base Mapping and GIS Database MIG will collect and review GIS data from the City, including existing land use, General Plan land use designations, zoning, existing dwelling units per parcel, existing jobs or non-residential square footage per parcel, street centerlines and county assessor data. Building footprint and height attributes are also desirable, if available. All information will be assumed to be accurate and up to date. We understand the City has many GIS layers and various data available at the start of the project. We will supplement layers with information obtained from Los Angeles County and state agencies. MIG will conduct a land use survey (using satellite imagery and a follow-up windshield survey) to establish baseline land use conditions for planning and EIR analysis purposes. If GIS data requires updating beyond the detailed land use survey and the urban design survey, discussed in the following tasks, it will be performed on a time/materials basis, with prior written authorization from the City. MIG, in coordination with the City, will define and format a series of base maps for use throughout the update process. These base maps will include existing conditions information such as existing land use, zoning, circulation and environmental information. We will ensure all maps have a uniform style, legend and title block. At the culmination of the project, MIG will provide the City with the GIS maps and associated files developed during the process. All GIS data and mapping prepared for the General Plan will be developed consistent with City protocols and data formats to ensure easy integration into the City's information system upon project completion. Task 1.6: Existing Conditions and Background Technical Report Compendium The MIG Team will conduct an analysis of existing conditions and the regulatory context in Diamond Bar. This will include a thorough review and analysis of the current General Plan, Development Code, adopted Specific Plans, infrastructure master plans, adopted Housing Element and other City plans and programs. We will also conduct a thorough analysis of existing physical conditions in Diamond Bar, including. urban design and neighborhood character, mobility, open space and environmental features. Each report will include pertinent opportunities and challenges associated with the current conditions in Diamond Bar and will synthesize key findings. This review and analysis will be compiled into a compendium of in-depth Existing Conditions Reports, prefaced with an Executive Summary. Based on one set of consolidated edits, this scope and budget assume one round of review, edit and revisions. 2.4 City. of Diamond Bar I Comprehensive General Plan Update The reports will include: Land Use and Community Character. MIG will analyze the existing land use patterns and adopted and pending plans that affect development in the City. We will describe, analyze and map existing land uses and identify constraints and opportunities for future growth and development, such as the Honda and Kmart sites, the Diamond Bar Golf Course property and Tres Hermanos. Special attention will be paid to defining areas and neighborhoods to preserve and identifying infill opportunity areas with potential to generate new economic and employment activities. MIG will also summarize key adopted City plans and include a discussion on regional plans affecting the City. MIG will prepare a community character summary that describes the look, feel and character of existing development and public spaces. This will include identifying architectural patterns and themes to be preserved, character elements to emphasize and barriers to be addressed. MIG will produce associated maps and graphics that illustrate existing conditions such as gateways, scenic resources, major geographic features, major community features, open space, character areas, landmarks and gateways. MIG's in-house architectural historian, JulieAnn Murphy, will contribute toward a regulatory assessment of historic preservation opportunities, including baseline information on establishing a Mills Act program to protect at -risk historic structures. Also, we will use the expertise of our in-house cultural landscapes specialist, Laurie Matthews, to supplementthe historic analysis. Economic and Market Demand Analysis. Team member HR&A will conduct a market context and assessment of demand and supportable scale of development. This analysis will include the following: Demographic Context Overview: HR&A will analyze current and projected demographic indicators for the city, in comparison with a larger market area which may include cities/communities in the East San Gabriel Valley, parts of Orange County and San Bernardino Counties. We will compile data from ESRI, SCAG, California Department of Finance, U.S. Census (LEHD) and others as appropriate, including population, age, income, household, characteristics and educational attainment. Economic and Fiscal Context Overview: HR&A will analyze key economic indicators forthe City in comparison with larger market area and regional trends. We will compile data from ESRI, SCAG, U.S. Census (LEND), State Board of Equalization and others as appropriate, and will focus on the following topics, among others: employment and occupation trends, commuting patterns, taxable retail sales trends and fiscal revenue and cost trends (comparisons with peer communities). Real Estate Context Overview: HR&A will carry out a detailed analysis of the real estate market focusing on historic and current supply and market performance, as well as major planned and proposed projects that are likely to impact the City. HR&A uses proprietary data sources, including CoStar, REIS, Smith Travel Research and Corelogic. The real estate market will focus on residential for sale and rental markets, retail, community serving, specialty and destination, office and hospitality. Demand and Supportable Scale of Development: HR&A will develop a robust demand model to estimate market demand across key land use categories and potential capture from available demand within the. City of Diamond Bar. The capture estimates will not only consider the competitive position of the City but will take into account major redevelopment areas/opportunities sites that can potentially absorb future growth in Diamond Bar. HR&A will project supportable scale of development in terms of land and built area forthe following land uses over 20 years: residential —single family and multi -family, retail by type, office and hotels. Infrastructure and Public Services: MIG's civil engineering team will summarize information on existing conditions in the City related to water, sewer, hydrology and dry utilities (i.e., electrical, telephone, natural gas, cable television, etc.). This analysis will focus on existing conditions and trends, as well as the regulatory framework affecting the issues addressed. MIG will review pertinent documents (i.e., existing General Plan elements, special studies, EIRs, existing specific plans) and contact appropriate agencies and organizations. MIG will summarize existing law enforcement and fire services, as well as schools, childcare and senior care facilities. Natural Resources. MIG's biology team will summarize existing natural resources in Diamond Bar. MIG will check the California Natural Diversity Database for known occurrences of special -status species in the area, and will prepare a map of the habitat types found in the City. The summary will describe the natural and urban environments, including vegetation types, common wildlife, whether important wildlife movement corridors are present and what special -status species are known or expected to occur within the General Plan boundaries. The report will describe the urban forest and existing streetscape environment. This summary will also describe the regulatory setting, including state and federal laws that apply to biological resources in the City. In this section, MIG will also analyze and summarize the existing conditions in the community related to sustainability and public health, including water and energy use and efficiency, green buildings, air quality and climate change adaptation. MIG will summarize public health topics such as physical activity levels, land use patterns and transportation networks as they relate to active transportation, as well as access to nutritious foods, health care and health facilities. City of Diamond Bar I Comprehensive General Plan Update 2.5 Open Space, Recreation and Civic Facilities. MIG will summarize the City's parks, recreation facilities, recreation services and open space areas. This will include an inventory of existing parks and facilities, existing programs (including level of participation) and gaps in services and facilities, including but not limited to use and location, drawing heavily from the City's adopted Parks and Recreation Master Plan. Safety and Hazards. With regard to noise, we will report existing conditions based on up to 12 noise measurements MIG environmental staff will document in the community. Traffic -related noise will be reported based on traffic count data. For hazards and hazardous materials, we will provide an existing analysis and summary of flood, geologic and other natural hazards information based on recent published sources (e.g., California Geological Survey, Federal Emergency Management Agency and Environmental Protection Agency: Toxic Release Inventory). Maps will document existing noise contours, geologic hazards, hazardous materials locations and flood -prone areas. This chapter will also review crime statistics by neighborhood based on data provided by the Los Angeles County Sheriff. Transportation and Mobility. Fehr & Peers will summarize and analyze existing transportation and mobility facilities in the City through the following subtasks: 2.6 City of Diamond Bar I Comprehensive General Plan Update Review Existing Documents. Fehr & Peers will review documents, including the current General Plan, recent CEGA documents, regional planning documents (such as the Los Angeles County Congestion Management Program, etc.), local transit/bicycle/pedestrian plans and any other planning documents that would provide additional information relative to the General Plan Update effort. The purpose of this review is to identify existing data needs and determine which of the previous data collection and mapping efforts can be employed in this analysis. Data Collection. The primary focus of our data collection efforts will be to collect roadway segment and/or intersection traffic counts and to identify existing and planned bicycle, pedestrian and transit facilities. For budgeting purposes, Fehr & Peers estimates up to 50 roadway segments and 50 study intersections would need to be analyzed in the General Plan, based on a review of the roadway network within the City. We understand that during 2015, the City completed a comprehensive collection of turning movement traffic count data at 73 intersections and 24-hour (daily) traffic counts on 75 roadway segments. The information used in the analysis will be taken from this database of traffic counts. The list of additional analysis locations will be verified in discussions with City staff prior to commencing work on the EIR portion of the project. In addition to the study locations, Fehr & Peers will evaluate the one CMP -designated intersection (Grand Avenue/Diamond Bar Boulevard) in Diamond Bar using the traffic count from the City's 2015 count database. In addition, two CMP -designated freeway locations in the City will also be evaluated. Transportation Best Practices White Paper. A critical task in the General Plan process is to ensure that the project team and City staff are made aware of the latest developments in transportation planning and recent legislative bills (e.g., SB 743), which will be referred to as Transportation Best Practices. Some potential Transportation Best Practices would include: o Senate Bill (SB) 743 - Although SB 743 provides the City with additional latitude related to levels of service (such as the ability to opt out of level of service [LOS] guidelines in CMP -designated areas), official CEQA guidelines and significance criteria recommendations from OPR are still in draft form. The "rule making" process is expected around theend of 2016 and then City's will have a two-year "opt in" period. Additionally, alternative metrics (other than LOS) may be recommended for transportation planning purposes. Fehr & Peers is coordinating closely with OPR throughout this process and can discuss with the City the use of new metrics that reflect the goals and values of the City. Detailed vehicle miles traveled (VMT) analysis or the development of new CEQA thresholds (per the new SB 743 guidelines) is not included in this scope of work. o SB 375- SB 375 was passed in 2008 and is the transportation implementation piece of AB 32. The goal of SB 375 is to focus on transportation and the link between land use and transportation to reduce VMT and associated greenhouse gas (GHG) emissions. o California Complete Streets Act (AB 1358) -All General Plan updates are required to incorporate Complete Streets policies as part of their process. Complete Streets means that streets provide accessibility for all modes, by all users of all abilities to the adjacent land uses. There are numerous ways this can be completed —from providing access for all modes on all streets; or by implementing a layered networks approach, where a network of connections are provided per mode to provide atruly multi -modal network (although not all modes are provided on all streets). Besides being leaders in the implementation of Complete Streets, Fehr & Peers' Orange County staff is also one of the UC Berkeley Tech Transfer Program's Complete Street instructors (currently delivering statewide training to Caltrans staff). o VMT as a. traffic impact analysis criteria - Fehr & Peers will present information regarding the use of VMT as an analysis metric. The use of VMT as an analysis metric presents a more holistic view of travel behavior instead of the limited focus on intersections as is traditionally done. M I G Multi -modal Level of Service (MMLOS) -This policy would address intersection and roadway segment impacts in terms of vehicles, transit, bicyclists and pedestrians instead of only considering vehicles. As such, this policy can create a more balanced transportation system instead of focusing solely on automobile circulation. Fehr & Peers' staff has developed and applied MMLOS approaches and methodologies in many of its recent General Plan projects, including the cities of Pomona, Carlsbad and San Marcos. Differential level of service policies -This policy wouldallow for different areas of the City to have different allowable LOS thresholds. For example, older developed areas of the City might allow LOS E, while newer developed areas of the City might only allow LOS D. Alternatively, this can be accomplished through street typology designation —where different LOS thresholds are identified based on the street designation. The street typology designation can be easily incorporated into and MMLOS methodology, which can be an implementation of the City's Complete Streets approach. Mixed -Use Trip Generation (MXD) - Fehr & Peers has developed a methodology to more accurately estimate the vehicular trip generation associated with mixed-use projects, as the standardized Institute of Transportation Engineers (ITE) methodology tend to overstate trip generation associated with these types of projects. As mixed-use projects are becoming more predominant, addressing these issues of trip generation is becoming increasingly important. Recently, SANDAG has endorsed this methodology for use in San Diego County, and this methodology is being used in other counties. This policy could ensure that traffic impacts of mixed-use projects are not overstated, thereby leading to reduced need for transportation infrastructure. "Protected" intersections - This approach has been implemented in the General Plan Updates for San Jose, San Marcos and Carlsbad. It involves the designation of certain key intersections (or roadway segments) as "protected" intersections in that these intersections will not be widened beyond their current configuration. If impacts are identified at these "protected" locations, then improvements to alternative facilities are considered to mitigate future impacts. This strategy limits the need to continually widen intersections, which could negatively impact adjacent land uses. City of Diamond Bar I Comprehensive General Plan Update 2.7 o Alternative Vehicular Networks - One option for the City might be to consider the provision of transportation networks for alternative vehicles including bicycles, Segways, electric bicycles and Neighborhood Electric Vehicles (NEVs). This policy could allow the City to provide alternative means for localized circulation that does not require the use of a car for these short -distance trips. One advantage of these alternative vehicles is that they require less fuel usage and therefore fewer emissions. o Constraints -based Planning - One major issue in the development of General Plans is the reasonableness of the proposed circulation element as compared to environmental and funding constraints. In many instances, Circulation Elements contain roadway improvements that will likely never be built because of the lack of right-of-way, environmental limitations, or insufficient funding. This last issue is particularly problematic given the long-term fiscal situation related to local, regional, state and the federal government. o "Case for Moderate Growth in VMT" - One issue for many communities and regions performing long-range planning efforts such as General Plans and Regional Transportation Plans (RTPs) are the future growth forecasts. There is emerging research to indicate that personal travel is either not growing at previous levels or potentially even contracting. This reduced level of travel might be attributable to the interaction of one or more items including increases in gasoline prices, decreasing household size, stagnant personal incomes and aging of the population. Given these trends and others, Fehr & Peers recommends that any long-term planning study consider realistic growth in land use assumptions and the implications of that growth. The main impetus for this review is to ensure that infrastructure, such as roadways, are not oversized beyond reasonable levels. This oversized infrastructure then places a significant financial burden on the City to build and maintain, specifically if the development which this infrastructure would serve does not appear or is unduly delayed. Fehr & Peers will meet with the project team and city staff to discuss these issues and present information on these approaches as presented in a white -paper format. For scoping purposes, it is assumed that Fehr & Peers would attend two meetings with each meeting requiring approximately one to two hours of time. 2.8 City of Diamond Bar I Comprehensive General Plan Update • Existing Conditions Analysis. Fehr & Peers will develop and document the existing transportation and circulation system and will include the following information: o Up to 50 intersections and 50 roadway segments using the LOS ICU methodology o An existing VMT summary o Existing circulation maps for roadways, transit services and bicycle facilities in the City o Transit ridership information (if available from Metro) o Accident history (using data from SWITRS) Task 1.7: Settings and Opportunities Summary Building upon the information contained in the Existing Conditions Report, MIG will prepare a highly visual, easy -to -read and user-friendly summary of key findings, identifying and prioritizing community issues, constraints and opportunities. This summary report will include narrative, maps, photo documentation, illustrative examples from comparable communities and other graphics as appropriate, and will be approximately 40-45 pages. It will be created in a PowerPoint format to provide maximum digital accessibility and allow easy online viewing on multiple platforms. Based on one set of consolidated edits, this scope and budget assume one round of review, edit and revisions. Phase 1 Deliverables: • Kick -Off Meeting and City Tour Materials: agenda, sign -in sheet, photo database and brief summary (Word/PDF/PPT/ JPEG) • Refined Work. Program (Word/Excel/PDF) • Outreach Toolkits - (InDesign/PPT/PDF/hard copies for 20 sets) • Stakeholder Interview Summaries (Word/PDF) • Project Webpage and TownSquareTM Products (HTML/ CSS/Flash/PDF) • Base Maps (GIS/Illustrator/PDF) • Existing Conditions Report Compendium (Word/Illustrator/ GIS/PDF) • Settings and Opportunities Summary Report (PPT/PDF) PHASE 2: VISION AND GUIDING PRINCIPLES Task 2.1: Intercept Workshops – Vision for the Future At the beginning of this phase of work, MIG will extend the planning process to the community through community intercept events, with outreach activities at existing events or in high traffic locations in Diamond Bar. Community intercepts—a way to achieve participation from an audience already attending existing events—involve community members of all ages in the plan development process, and will capture the ideas of residents who may not normally participate through other, more conventional public involvement activities. The community intercept events are designed to be interactive, with displays that inform residents about their community resources and allow residents to identify community opportunities and. challenges. Examples of events can include the Concerts in the Park at Sycamore Canyon Park (summer Wednesdays starting in June) and events or activities at the Diamond Bar Center, Heritage Park Community Center or Diamond Bar Library. MIG will draft intercept questions for City staff review. Based on one set of consolidated edits, MIG will incorporate the questions into four attractive, interactive display boards and will revise these boards into final format based on one set of consolidated edits. MIG will print one copy of the display boards, provide materials, provide one or two staff persons to facilitate three two-hour intercept sessions and tabulate the results from these sessions. Following the conclusion of all intercepts events, MIG will summarize key findings in a memorandum. MIG staff will attend three community intercept events. City staff is encouraged to participate at each event. As needed, bilingual MIG staff can participate at selected events. Task 2.2: Vision and Guiding Principles Based on the input received from the intercept events and in close coordination with City staff and the General Plan Advisory Committee (see Task 7), MIG will develop a Vision and Guiding Principles Framework for the updated General Plan. This framework will include a vision for future growth, stability and sustainability in Diamond Bar, and will provide the setting for General Plan goals, policies and implementing programs. MIG will submit a draft for City staff review and will produce a revised version that reflects staff edits. Task 2.3: Planning Commission Study Session MIG will prepare for and facilitate a joint study session with the Planning Commission and City Council to review the status of the program and present the draft Vision and Guiding Principles Framework. The Planning Commission and City Council will provide direction to City staff and MIG on any rewording to the Vision and Guiding Principles Framework. City of Diamond Bar I Comprehensive General Plan Update 2.9 M G Phase 2 Deliverables: • Community Intercept Materials and Key Findings Memorandum (word/InDesign/PPT/PDF/boards) • Draft Vision and Guiding Principles (Word/PDF) • Planning Commission and City Council Study Session Materials (Word/PPT) PHASE 3: CONCEPT ALTERNATIVES Task 3.1: Areas of Stability and Change Mapping MIG will analyze existing land use patterns, development patterns, potential projects, circulation opportunities, infrastructure needs and environmental resources and constraints. Based on this analysis and the information prepared during earlier tasks including GPAC and TAC meetings, MIG will prepare a series of Stability and Change Area Maps that will be used as a starting point for developing scenarios during Phase 3. Task 3.2: Major Redevelopment Opportunities Analysis Based on the findings of the market opportunities analysis input from community outreach, and working with City staff, HR&A will work with the MIG team to formulate potential development scenarios for up to two major opportunity sites in the City, including the reuse of Diamond Bar Golf Course. The development scenarios will include a description of proposed uses, scale and density for each of the proposed uses, phasing and absorption timelines and infrastructure and other improvements that are required to induce them. 2.10 City of Diamond Bar I Comprehensive General Plan Update HR&A will then create a multi-year financial model to test financial feasibility of alternative development scenarios forthe opportunity sites. The model will factor in program mix and size, market expectations (e.g., revenues, expected absorption rates, currently available financing terms), development costs, expected returns and other assumptions. The model will utilize conceptual cost estimates for vertical development and site infrastructure. Model outputs will include residual land value to the landowners, funding gaps that must be addressed and will identify whether return metrics are aligned with market expectations. The model will also test sensitivities associated with market rent, program mix and other variables. HR&A will analyze the feasibility of up to two variations of the development program at each site. Based on the findings of this analysis, HR&A will advise on potential strategies to attract and induce private investment. Options may include limited tax abatement, or use of infrastructure financing tools such as Enhanced Infrastructure Financing Districts (EIFD) or planning and. zoning regulations that offer greater predictability of outcomes. Task 3.3: Concept Alternatives Development and Summary Building upon the Areas of Stability and Change Maps, the MIG Team will develop, in close coordination with City staff, three Concept Alternatives that will be used to show land use, mobility and policy options for the future. This will include identifying specific focus areas expected to be the primary locations of land use change resulting from the General Plan update. The Concept Alternatives will be highly graphic and include descriptive text, a diagram and images (including photo simulations and sketches). The Concept Alternatives will be formatted to be large display boards (36" x 48") that can be used during the public outreach and engagement process. Based on one set of consolidated edits, this scope and budget assume one round of review, edit and revisions. M i G ' ANGELES NATIOINAL �� FOREST 1 RASAeENA '.'aC OEBflIa BAEI ,i GLEN % iq f F Sierra Madre\ -+yo" i� also• NMn Blue -, CARUBY NYON S —�_or 9•gnw a. MgnreVla Pasadena_ � ` r�IE �r Fae III BI � li J �In-'.rL i7sZn_@J mie�ikUJ`o©® G 7 Cobra... ' JI. _ It 3 Humearono Roamcb R." ul Re I no /� Irwindale krj J5 Q pwaaw• Tem P 011w er �yyC-M1 _ allIV / EI Monte` $a r srmunaa rau•.( or Source: Arcadia, GIs 2008. It 0 2,000 4,000 FT Land Use Deslggtatlorts Mixed Use Nae: Residential Estate (up to 2 du/ac) Horse Rating Very Low Density Residential (2-4111 CommerciatfUght Industrial (0.5 FAR) Low Density Residential (46 dulac) Light Industrial (0.5 FAR) 1=_ Medium Density Residential (612 du/ac) Publiallmultutional ® High Density Residential (12-30 dulac) Open Space- Outdoor Recreation =J Commercial (0.5 FAR) Open Space- Resources Protection � Regional Cummerdal (0.5 FAR) Reil Right -of -Way ///, Mixed Use (22-30 du/ac & 1.0 FAR) %/////i Downtown Overlay (1.0 FAR) %Jjj Downtown Mixed Use (30-50 du/ac Is 1.0 FAR) ;•i,;:;> � ; Santa Anda Commercial (0.3 FAR) ---City Boundary Sphere of Influence Freeway 1-1--�. Railroad Major Road -- Wafer Feature Mixed Use FAR is for non residential uses. Mixed Use designations requires the Inclusion ore ground -floor, street Irontage commercial c ....nt for ell pro)ects. Commerial Use. are allowed. Stena alone residential uses ere not allowed. Arcadia General Plan City of Diamond Bar I Comprehensive General Plan Update 2.11 M 1 L Arcadia General Plan, Conceptual Land Uses for the Downtown Area The MIG Team will work with City staff to evaluate the Concept Alternatives in terms of implications of land use, mobility, economic development, public facilities and services and the natural environment. Based on the evaluation, we will prepare a Concept Alternatives Summary Report that includes text, graphics, images and maps. An underlying objective of the report will be to communicate technical and policy issues in a straightforward manner that is easily understood by community members and decision makers. It is anticipated that the report will be prepared in PowerPoint and be approximately 40 pages in length. Specific areas that will be addressed and compared include: Land use and development, such as planning areas, City limits and opportunity area buildout projections (i.e., dwelling units, building square footage, population and employment), timing, infill and redevelopment potential. Particular attention will be paid to establishing potential planning principles and performance standards for future development on the golf course and Tres Hermanos properties and other key opportunity sites. 2.12 City of Diamond Bar I Comprehensive General Plan Update • Urban design criteria to promote future development that builds on the City's existing desirable features and facilitates improvements to areas that will likely undergo change during the timeframe of the new General Plan. • Economic trends, such as number and types of jobs created. Housing, such as dwelling unit types, choices, location and affordability (based on the adopted Housing Element). Transportation and mobility, including general vehicle circulation and multimodal access improvements. The analysis will include performing a set of trip generation calculations and brief qualitative evaluation. Fehr & Peers has access to the current SCAG RTP/SCS regional model developed on the TransCAD software platform and are extremely familiar with the software application. Depending on when the land use planning for the General Plan is completed, and if available Fehr & Peers will utilize the most recent version of the SCAG RTP/SCS model. Arrow Highway Corridor Existing Conditions (2004) Swink, t• e ae.a N vn�a-svux§mr�a_sw.u� YY rrh, Aerial �1 y1 a� q7 'i": I ...r -trt 1St a q. F,Wn•_ �� Pyt� y yq jy,� �• iii r . � Ljl ` wla1 +Y'� s�if'k(�I'��; i-•�� � � �1;� notes: Land Use Legend ne.Wi 4i...m�u o� comm e..m..arvi.a�e .wrtum.rv. We anticipate that this travel model will be employed for the following purposes: 1) analysis of existing Diamond Bar land use and future land use alternatives for the General Plan; 2) future intersection or roadway segment volumes for the Mobility Element/General Plan EIR; and (3) VMT forecasts based on the recommended origin/ destination approach, which will exclude through travel but will account for vehicles traveling within and into and out of the City. We anticipate that these VMT forecasts will be employed for any greenhouse gas analysis that the environmental consultant will perform. In addition, using the travel model developed in Task 1.7, Fehr & Peers will identify the future roadway network required for the anticipated level of development. Given the built environment in Diamond Bar, the need for new or expanded roadways is expected to be limited. This scope assumes that three land use and network alternatives will be developed and analyzed (including the No Project alternative). • Public infrastructure and service demands, including water, sanitary, storm drainage, flooding, recycled water, Sheriff and fire. BRIT ffi :nnu �e, ■I1� "uiiiiiiii iii v Alternative 2: Business ParkAnstltutlonallMixed Use a� °mada�� Alternative 3: Business Claremont General Plan Land Use Alternatives • Open space and parks and recreation, including the demand for parks, open spaces, recreation programs and impacts on cultural resources. • Conservation and environmental resources, such as water and air quality, water and energy consumption, climate change and greenhouse gas emissions. • Public safety, such as vulnerability to natural and manmade hazards (e.g., sea level rise, floods, heat waves). Task 3.4: Fiscal Analysis of General Plan Alternatives HR&A will review the City's current general fund costs and revenues and will develop a comprehensive fiscal impact model that can test the City's potential revenues and costs based on incremental drivers. The model will be used to calculate net fiscal impacts to the City on an annual basis driven by incremental growth in population, employment and key tax -generating uses. Once MIG finalizes the General Plan buildout alternatives, HR&A will test up to three alternative land use scenarios in terms of their net fiscal impact the City's General Fund. The findings of this analysis will be summarized in a succinct memorandum report. City of Diamond Bar I Comprehensive General Plan Update 2.13 Task 3.5: Community Workshop — Concept Alternatives MIG will organize and lead a community workshop to solicit input on the Concept Alternatives Summary. The agenda for this workshop will include project update, summary of work to date and an interactive exercise to review and discuss the various alternatives. The objective of this workshop will be to gain direct feedback from the community regarding which concepts they support. This feedback will help inform the selection of a preferred concept that will be used as the basis for the updated General Plan. MIG, in coordination with City staff, will be responsible for developing content, printing materials and facilitating each workshop. Two or three MIG staff members will attend and facilitate this workshop. Task 3.6: Joint Planning Commission and City Council Study Session MIG will meet with the Planning Commission and City Council in a joint working session to provide them an update on the project, discuss the Concepts Alternatives Summary and present feedback received during the Community Workshop. MIG will facilitate a discussion with the joint groupto identify a preferred concept. This preferred concept will be used as the basis for preparing the General Plan Update. 2.14 City of Diamond Bar I Comprehensive General Plan Update Task 3.7: Preferred Concept Based on direction received from the City Council and Planning Commission, the MIG Team will prepare a Preferred Conceptthat will be used as the basis for developing the Draft General Plan Update. Phase 3 Deliverables: • Stability and Change Area Maps (GIS/Illustrator/PDF) • Concept Alternatives Summary (Word/InDesign/PDF) • Community Workshop Materials and Summary (Word/ InDesign/PPT/PDF/printed copies) • Planning Commission and City Council Study Session Materials (Word/PPT) • Preferred Concept (InDesign/PDF) PHASE 4: DRAFT GENERAL PLAN Task 4.1: Administrative Draft General Plan Our objective is to create a streamlined, action -oriented General Plan. Below we outline a structure that largely follows the structure established in State statutes. However, we are amenable to structuring the General Plan in any manner that works bestfor Diamond Bar, and would like to discuss options with the City as the project moves forward. In all cases, we look to integrate sustainability and healthy communities principles into all of the Plan elements, consistent with best practices. Ap4 andIMkPesoun, RANCHO CUCAMONGR GENERAL PIRX The MIG Team will prepare a new, comprehensive General Plan based on the technical analysis, input received during earlier phases and State legal requirements. The draft General Plan will reflect expressed community values such as economic vitality, sustainability, safe and healthy communities, connectivity and education throughout each element. The updated Plan will also include a comprehensive implementation program that will focus on having the Plan be a living document that results in the desired change in the community. The updated General Plan will include the following elements/sections; the exact order and arrangement of elements and topics will be discussed and confirmed with City staff: Aff G xena Use DROMnklm, 0 P"MONG "bn Pl-xa A'",•'� - l�RP-anawrzl My l Wx) -eWWnNXXX aw% obi fu. l �G',v m>sl Osessee M I I �X+o. P�a,E P�xeM, NA LR rfff�Oseses' mwae-. o'A, f� a..n cmrow Pn aas vuq 1 !• eause P _ RAN, •r IS S •J i�l �'5 Ali !�ia�El •® — P Pv Pm .., 'Tl a F, r H r [ I INNAH.RNH.10) w t• moa. uzl n1 WIN �IGemer, IN Ap4 andIMkPesoun, RANCHO CUCAMONGR GENERAL PIRX The MIG Team will prepare a new, comprehensive General Plan based on the technical analysis, input received during earlier phases and State legal requirements. The draft General Plan will reflect expressed community values such as economic vitality, sustainability, safe and healthy communities, connectivity and education throughout each element. The updated Plan will also include a comprehensive implementation program that will focus on having the Plan be a living document that results in the desired change in the community. The updated General Plan will include the following elements/sections; the exact order and arrangement of elements and topics will be discussed and confirmed with City staff: Aff G xena Use DROMnklm, 0 P"MONG "bn Pl-xa A'",•'� - l�RP-anawrzl My l Wx) -eWWnNXXX aw% obi fu. l �G',v m>sl Osessee M �X+o. P�a,E P�xeM, NA LR rfff�Oseses' mwae-. o'A, f� a..n cmrow Pn aas vuq !• eause P _ RAN, •® — P Pv Pm _lW/ P. l, I INNAH.RNH.10) t• moa. uzl ��xiuoN..iye.n+ aryca.uu _ o a �CmaPy4'+IPAO-1nfuV © ,ynsmw c>m =qp P.to ox P,al O cme. 0 sf^iwiPM� iwmGyn Powieweraa.m,wnPrenw) reemPmP..wxm..,xy�ewn wm..aM.. tl waunna wnv�uyvoa Myr ,KI LeessJ.xa4—a Oegewom". ®a . „ 1 11 Figure LU -2: Land Use Plan 1411 Rancho Cucamonga General Plan • Introduction. MIG will prepare an Introduction that summarizes the new General Plan. This will include a summary of the update process, extensive public outreach and engagement process, as well as a specific discussion on how the updated Plan addresses recent and emerging State sustainability and greenhouse gas reduction mandates. • Land Use Element. MIG will prepare a Land Use Element that includes a new Land Use Diagram and updated land use designations that identify allowable use, density ranges, floor -area ratios and other appropriate standards. We will describe the general land use patterns envisioned for Diamond Bar and map the distribution of open space and density. Building from the vision and community values, MIG will identify new goals, policies and implementation measures that will form the basis of urban design components to the General Plan. City of Diamond Bar I Comprehensive General Plan Update 2.15 Colton Mobility Element Roadway Typology We will utilize the extensive public outreach and engagement process results as a resource that provides initial direction for defining urban design standards and guidelines. MIG will use photo examples to illustrate development standards, prototypes and character in focus areas. We will create a map and describe the distribution of character areas, building heights, development intensity and key public/private interface areas. MIG will also develop policies to promote community goals such as public health and equality, promote infill development on key opportunity sites, revitalize existing centers and protect natural resources. Mobility Element. MIG, with support from Fehr & Peers, will prepare a Mobility Element that describes the planned transportation network, including a new Circulation Diagram. We will update general plan policies related to Complete Streets and multimodal transportation, level of service and roadway network performance, the transit system, Transportation Demand Management, bicycle and. pedestrian systems, truck travel, emergency evacuation routes and alternative vehicle systems, among others. 2.16 City of Diamond Bar I Comprehensive General Plan Update Figure M-1 : Roadway Typology ®® Fehr & Peers will also identify a conceptual bicycle and pedestrian network for the City. These facilities will include on -street and off-street bicycle lanes (Class I, Class II and Class III) in combination with sidewalks and off-street pedestrian facilities. Conservation and Open Space Element. MIG will prepare an updated Conservation and Open Space Element that shows the distribution and existing and potential locations of recreation facilities, schools and public buildings. This section will support consistency with the City's adopted Parks Master Plan, unless deviations are warranted based on new General Plan direction and policies. We will produce maps and define requirements fortrails, parks and recreation access, as well as cultural and historical resources. Our in-house architectural and cultural resources specialists will assist with policy development. We will also identify methods for conservation of features such as water, soils, archaeological resources and wildlife. CITY OF RIALTO General Plan Rialto Parks 0 Planned Parks 1. Anderson Park 1. Cactus Basin Park 2. Birdsall Park 2. CaoWs/Randal Park 3. Bud Border Park 3. Lyde Creek Specific 4. Fergusson Park Plan Parks' 5. Flores Perk 4. Renaissance Specific 6. Fnisbie Park Plan Parke 7. Jackson Street Park • Parks are conceptual; number B. Jerry Eaves Park aver location subject to change 9. Margaret Todd Park 10. Rialto City Park Bloomington Parks (County) Sphere of Influence 1. Ayala Park 2. Kessler Park Rialto Unified School District Open Space 1. Bemis E.S. 16. Trapp E.S. 2, Boyd E.S. 17. Warner E.S. 3. Casey E.S. 18. Fnsbie M.S. 4. Curtis E.S. 20. Kalb M.S. 5. Dollahan E.S 21. Kucera M.S. 6. Dunn E3 22. Rialto M.S. 7. Fitzgerald E.S. 23. Rialto Community 9. Henry E.S. Day Altemaive M.S. 10, Hughbanks E.S. 24. Carter H.S. 12. Morgan E.S. 25. Eisenhower H.S. 13. Myers E.S. 27. Zumnic H.S. 14. Preston E.S. 28. Milor Continuation H.S. 15. Simpson E.S. Park Service Area** Rialto Bloomington School Open Parks Parks Space I 1 t t I I I I 1 j � "Outer radius distance is 10 retie Innerradius dislance is l74 mile Mini-Pa&radius o 1/4 mile only Open Space - Open Space - Resources Regional Parks (County) ® Glen Helen Regional Park Base Map Features -••- Rialto Incorporated Area Rialto Sphere of Influence Freeway/Highway Local Road ^^-- Railroad Hydrology Sources: Hole -Ireland, Inc. (2010) ® Mlles 0 05 1 1.5 2 Rialto General Plan Parks and Open Space City of Diamond Bar I Comprehensive General Plan Update 2.17 Noise Element. MIG will prepare a Noise Element that includes appropriate noise standards and policies to address development under the new General Plan. We will produce future noise exposure contours calculated based upon future traffic data, railroad usage assumptions and other information provided by the City. Importantly, the element will reflect the planned reconfiguration of the SR-60/SR-57 interchange to the extent data can be obtained from Caltrans regarding alignments and projected freeway volumes. MIG will prepare a Noise Contour Map in terms of CNEL in increments of five decibels down to 60 dBA. Policies and implementation actions pertaining to quiet zones associated with Metrolink rail will also be incorporated. Safety Element. MIG will prepare an updated Safety Element that addresses areas constrained by hazards such as high noise levels, flooding, seismic and geologic hazards, fire danger, hazardous materials and other topics as appropriate. The Safety Element will also include a specific section on climate change and adaptation. Our recommendation is to include all relevant Climate Action Plan policies within the General Plan (as opposed to a separate stand-alone document) to fully integrate policy. This is a common approach that we have had success with on previous projects. In addition, and as part of the EIR process (see Phase 5), MIG will conduct necessary greenhouse gas and air quality modeling to support the climate change analysis. Policies and programs specifically related to greenhouse gas reduction, climate change adaptation and sustainability will be incorporated into the Safety Element. Economic Development Element. HR&A, with support from MIG, will prepare an Economic Development Element that supports the General Plan's vision from an economic perspective. In preparing this element, HR&A will compile the key findings from previous work efforts to develop a realistic plan to implement the City's economic goals and objectives in the absence of redevelopment. The element will include policies focused on the implementation of redevelopment strategies, market positioning strategies, infrastructure financing strategies and revenue enhancement strategies, as well as an implementation action plan that recognizes the City's anticipated staffing capabilities and which leverages local and regional resources to maximize Diamond Bar's profile in the marketplace. The element will also identify incentives and disincentives to guide the revitalization of the City's commercial land inventory. 2.18 City of Diamond Bar I Comprehensive General Plan Update Public Services and Infrastructure Element. MIG will develop a Public Services and Infrastructure Element. This element will include goals, policies and programs related to fire, sheriff, emergency medical services, disaster preparedness, water, wastewater, telecommunications and drainage. There will be a special focus on the creation of Low Impact Development (LID) techniques and sustainability concepts in new infrastructure investment. The Administrative Draft General Plan will be submitted to the City as a series of separate Word files with embedded or attached images and figures. Based on one set of consolidated edits, this scope and budget assume two rounds of review, edit and revisions. Task 4.3: Public Draft General Plan MIG will incorporate City staff comments and prepare a public draft General Plan. The public draft General Plan will be highly graphic and easy to read. This will include all images, figures and diagrams necessary to fully articulate the policy concepts included under each element. Based on one set of consolidated edits, this scope and budget assume one round of review, edit and revisions. Task 4.4: Community Open House MIG will plan and facilitate a citywide open house on the draft General Plan. The MIG Team will be available to answer questions about the project and the draft General Plan elements. This will provide an opportunity for members of the public to provide feedback on the draft elements, including the vision, goals, policies and programs. MIG will prepare large boards or posters that describe each of the draft elements, highlighting new policy concepts and major changes from the existing General Plan. MIG, in coordination with City staff and the project team, will be responsible for developing the content, printing materials and facilitating the open house. Three MIG staff members will attend and facilitate this workshop. Phase 4 Deliverables • Administrative Draft General Plan (Word/PDF) • Public Draft General Plan (Word/Illustrator/GIS/PDF) • Community Workshop Materials and Summary (Word/ InDesign/PPT/PDF) Rancho Cucamonga General Plan - West Foothill Boulevard Land Use Workshop Planning Considerations: •Parcel sin/Lot nspths • Adjsouct Residential •While Hem. P.As I1eigh6urhn.ds • Aging Retail Centers • Pacific Ndncirailh.ad •Nist.dc Assets/fl.ule 66 •Public An (Hear gul.h. gas Station) • Westm'Sstewdy'inla Day W W. rowhmerd. KEY 1111111110W MAP : - Instructions ,l , Place dot ner L r, photograph illustrates Your preference —` r Auto -Oriented Development Development Type Bus Rapid Transit-Driented Development Lower Building Heights Higher `.evumemnumnnnmeamuuuneenoeneenn®one e e emeseeemmuueeveennennumnennnnmeene•e®onunoeas 1Fewer Street Amenities More mnnunnnnnnm a en numnnnnnumm�enomn®ono munmunmennunuseeuununnm umeuasaoumm� PHASE 5: ENVIRONMENTAL REVIEW Task 5.1: Initial Study, Notice of Preparation and Scoping Meeting MIG will complete an Initial Study (IS) checklist and narrative to appropriately focus the topical contents of the General Plan Environmental Impact Report (EIR). Although the Development Code update will not have been completed by this time, we will write the EIR to anticipate changes to the Development Code to achieve General Plan consistency, as well as revisions to Specific Plans required to achieve the same. This will allow us to prepare a Consistency Finding or Addendum for future actions associated with this work program (following General Plan adoption). Those focus topics determined to have a potentially significant impact on the environment will be further analyzed during development of the Draft EIR, and associated mitigation strategies closely linked to General Plan policies and Development Code updates will be identified. MIG will also prepare the EIR Notice of Preparation (NOP) to attach to the IS, and distribute the NOP/IS to responsible and interested agencies. MIG will also attend one CECA-required EIR scoping session with responsible/interested agencies and members of the public. Based on one set of consolidated edits, this scope and budget assume two rounds of review, edit and revisions. City of Diamond Bar I Comprehensive General Plan Update 2.19 Task 5.2: Draft Environmental Impact Report The MIG Team will develop a program -level Draft EIR that considers all aspects of General Plan implementation (i.e., citywide policy initiatives, as well as potential individual project approvals, construction and operation) in order to streamline both future entitlements and CEQA work. This task will be concurrent and collaborative with the General Plan update process. Environmental topic areas and potential CEQA-defined impacts will be aligned with potential new policies and amendments. General Plan policies will address environmental topics such as sustainability, efficient land use and connectivity, which in turn will avoid or reduce potential impacts. The EIR will not react to a completed General Plan Update; rather, the EIR will help form the update process. Mitigation will be developed through close coordination with General Plan policies and implementation strategies, integration of uniformly applicable development standards (CEQA section 15183 - Projects Consistent With a Community Plan or Zoning), and application of mitigation measures from recent projects. In turn, the evaluation of focus topics in the Draft EIR will identify how proactive measures will avoid or reduce potential impacts to less -than -significant levels, without the need for additional mitigation. CEQA encourages the efficient use of applicable, certified CEQA documents and discourages redundancy. The EIR will enable streamlined CEQA review for future individual development proposals, based on the CEQA Guidelines. MIG will prepare guidelines explaining how the City can apply these CEQA streamlining opportunities to future projects. The guidelines will be included in the Draft EIR introduction so that decision makers and other readers can easily understand how the City will use the EIR proactively overtime as the new General Plan is implemented. The guidelines can also be printed separately as a handout for individual project applicants to help the applicant better understand the CEQA process and how the City's process can save time and money. We anticipate that the following 14focus topics will be of importance to City decision makers, interested agencies and the public during their consideration of the General Plan. These topics will receive emphasis in the Draft EIR. For the remaining topics (agriculture and forestry resources, mineral resources), the Initial Study will include brief written statements explaining why no significant impacts are anticipated. Likewise, the Initial Study will be the foundation for focusing potential impacts so that the EIR does not include irrelevant information that obscures environmental issues that need to be addressed. 2.20 City of Diamond Bar I Comprehensive General Plan Update Aesthetics: Consistent with CEQA, the EIR will independently evaluate the potential impacts of the land use and urban design policies on the visual character and image of the planning area, including on the hillsides. This will include potential citywide impacts under the General Plan buildout. Beneficial aesthetic effects of the project also will be discussed. The EIR will recommend any project refinements warranted to minimize identified visual impacts, including measures that ultimately may be incorporated into the Development Code and/or Specific Plans. Air Quality. Current guidance from South Coast Air Quality Management District (SCAQMD) recommends the use of the California Emissions Estimator Model (CalEEMod) to assess air quality impacts. With criteria and toxic air contaminant modeling by MIG, the EIR will assess the local and regional air emissions impacts of General Plan build -out based on the most recent adopted modeling criteria of the SCAQMD. For any significant impacts, the EIR will identify mitigation consistent with SCAQMD CEQA requirements that can be formulated into General Plan policies. Biological Resources. Based on available biological surveys of special -status plants and animals in the city, MIG will ensure that General Plan policies and amendments regarding these resources are consistent with Best Management Practices and jurisdictional protocols for mitigating potential impacts. Our in-house biological resources specialists will complete this section of the EIR. • Cultural and Historic Resources. Pursuant to CEOA Guidelines section 15064.5, the EIR will evaluate the potential effects of the General Plan Update on any identified or potential cultural or historic resources in the planning area. CEQA-based mitigation protocols that can be incorporated directly into General Plan policy will be identified. The results of these assessments will be incorporated into the impact findings, with mitigation protocols that can be included in updated policy and amendments. Our in-house cultural resources specialists will complete this section of the EIR. Geology and Soils. The EIR will identify potential geotechnical impacts of General Plan development and describe mitigation protocols (including City Building Department requirements) to reduce potential impacts of earthquakes to less -than -significant levels. • Greenhouse Gas Emissions (GHG). The EIR will address the GHG implications, both beneficial and adverse, of General Plan buildout. The EIR will quantify project climate change impacts based on the most recent adopted modeling criteria of the SCAQMD. For any significant impacts, the EIR will identify mitigations consistent with SCAQMD CEOA requirements which can be formulated into General Plan policies. • Hazards and Hazardous Materials. Existing properties and structures in the planning area may contain contaminated soils, groundwater, or hazardous building materials that might be disturbed during development activities. Based on review of available data, including the Department of Toxic Substances Control EnviroStor website, the. EIR will discuss the potential for future hazardous material exposure impacts and describe associated jurisdictional mitigation protocols. • Hydrology and Water Quality. Based on the existing conditions analysis and planning studies, the EIR will assess drainage, flooding and water quality issues. MIG's in-house civil engineering staff will assist with this section. • Land Use and Planning. The EIR will independently evaluate the land use implications, both beneficial and adverse, of the General Plan Update and will identify any significant impacts under CEQA (e.g.,"division of an established neighborhood"). The FIR will then identify any associated mitigations, including recommended General Plan refinements that can be incorporated directly into Update policies and amendments. In addition, to comply with CEOA, the consistency of the General Plan proposed policies with relevant regional planning policies (e.g., Southern California Association of Governments [SCAG] and SCAQMD) will be evaluated. • Noise and Vibration. The EIR will describe the impacts of General Plan development policies and associated future buildout on the local noise/vibration environment. Short - and long-term noise measurements and existing noise contours will be provided. Projected noise modeling and contours under the proposed Update will be developed. The EIR will analyze construction noise/vibration, traffic and rail noise/vibration and land use compatibility within the projected noise environment. The FIR will then identify effective and feasible mitigations that can be incorporated directly into General Plan policies and amendments. • Population and Housing. The EIR will describe the project's potential effects on housing and population to provide the statistical basis for related quantitative environmental impact evaluations (e.g., public services and utilities). General Plan implementation is not, in itself, expected to cause CEOA-defined population or housing impacts (e.g., substantial displacement). • Public Services (including recreation). The EIR will evaluate the project's effects on the following public services: fire protection, police protection (Sheriff), schools and parks/recreation. Appropriate service providers (identified in coordination with City staff) will be contacted to help identify potential impacts and formulate any mitigations that can be incorporated into General Plan policy and uniform standards. • Transportation and Traffic. Fehr & Peers will summarize the previously developed Existing Conditions analysis and any updated future conditions analysis in a technical Traffic Study for use in the General Plan EIR. Subtasks within this effort will include intersection and roadway analysis, identifying conflicts with plans establishing performance measures for various modes of travel, consistency with Los Angeles County's Congestion Management Program, review of hazards due to design features, determination of adequate emergency vehicle access and identification of any conflicts with adopted plans or policies regarding alternative travel modes. Once the impacts are identified, Fehr & Peers will identify potential mitigations. As with most General Plans, it is assumed that the roadway system will be designed so that the General Plan is self -mitigating in that there is sufficient capacity in the roadway network to accommodate any projected growth (or that policies reflect the anticipated service levels that will occur). If this self -mitigation is not the case, additional mitigation measures (where feasible) will be identified for any deficient analysis locations. If necessary, the Mobility Element will be updated to reflect these additional mitigation measures should any be noted. • Utilities and Service Systems. The EIR will evaluate the project's effects on water supply and distribution, sanitary sewer treatment capacity and distribution as well as storm drainage. The EIR will also evaluate solid waste/recycling services. A sequence of two Administrative Draft EIRs will be delivered for City staff review, then a Screencheck Draft EIR will be prepared for final review by a limited number of City staff before a public release Draft EIR is completed. MIG will prepare the Notice of Completion/Availability for filing with the State Clearinghouse and otherwise posting. We will also distribute the Draft EIR for public review and comment pursuant to CEQA requirements. City staff will be responsible for any required newspaper notices. Task 5.3: Final Environmental Impact Report MIG will prepare a Final EIR that includes responses to public and agency comments received on the Draft EIR during the 45 -day public review period. The budget assumes there will be approximately 120 individual comments requiring a response (note: each comment letter may include multiple comments). Fehr & Peers would also provide support, including the preparation of responses to comments for the Final EIR document. MIG will also prepare a Mitigation Monitoring and Reporting Program for adoption with the Update. An Administrative Final EIR will be delivered for City staff review before a public release Final EIR is completed. Following final City Council action on the final EIR and General Plan, we will prepare the Notice of Determination for the City to file with the County Clerk. City of Diamond Bar I Comprehensive General Plan Update 2.21 The City Attorney's office will be responsible for preparing the resolution stating the Findings of Fact and if necessary, the Statement of Overriding Considerations. As an optional task, MIG can provide these services. Phase 5 Deliverables: • Notice of Preparation and Initial Study Checklist (Word/ PDF) • Scoping Public Meeting Materials and Summary (Word/ Illustrator/InDesign/PDF/40 hard copies) • Two Administrative Draft EIRs; Screencheck Draft EIR and Public Release EIR (word/PDF/20 printed copies, with technical appendices on a CD) • Final Environmental Impact Report and Mitigation Monitoring and Reporting Program (Word/PDF) PHASE 6: GENERAL PLAN HEARINGS AND ADOPTION Task 6.1: Planning Commission Public Hearings (2) MIG will meet with the Planning Commission two times to present, discuss and receive input/direction on the Draft General Plan and Draft EIR. These hearings will provide an opportunity for the Planning Commission to formally receive public comments on the draft documents. The conclusion of thesehearings will be a formal recommendation on the project to the City Council. If additional hearings are required, we can attend as additional services. Task 6.2: City Council Public Hearings (2) MIG will meet with the City Council once to present, discuss and receive input/direction on the Draft General Plan and EIR. This public hearing will provide an opportunity for the City Council to review Planning Commission recommendations and formally receive public comments on the draft documents. Following this hearing, MIG will attend a second Adoption Hearing with the City Council to review and discuss the final documents. The conclusion of this hearing will be the City Council's formal adoption of the updated General Plan and certification of the EIR. If additional hearings are required, we can attend as additional services. Task 6.3: Final General Plan MIG will prepare a Final General Plan based on the outcome of the City Council adoption hearings. Following Plan adoption, MIG will submit all project files to the City, including all GIS shapefiles developed during the process, graphic illustrations and associated electronic files. MIG will also prepare and print the General Plan Land Use Map as detailed in the deliverables below. 2.22 City of Diamond Bar I Comprehensive General Plan Update Our budget provides an allowance for preparation of the Final General Plan, as the extent of the work required is not known. Any time required beyond this allowance will be billed as additional services. Phase 6 Deliverables: • Planning Commission and City Council Hearing Materials (Word/PPT) • Final General Plan (InDesign/Illustrator/GIS/PDF/50 printed copies and 75 CDs) PHASE 7: ONGOING COORDINATION AND MANAGEMENT The Project Management Team, in close coordination with City staff, will be responsible for managing the General Plan Update process to keep the project on schedule and budget. This phase includes internal and external project coordination and management activities, including weekly calls, quarterly meetings and coordination with other public agencies and community organizations. The MIG Team will also work with the Technical Advisory Committee to review draft work products, discuss emerging concepts and strategies and confirm and expand upon community input, as well as the planned General Plan Advisory Committee meetings. This phase also includes internal coordination and management between the City and the MIG Team. Task 7.1: Coordination Calls and Meetings Close communication with the City's Project Manager and other key City staff will be critical to project success. Members of MIG's Project Management team (Laura Stetson, Lisa Brownfield and/or Genevieve Sharrow) will participate in weekly phone calls with City staff. These calls will provide a forum for coordinating community outreach activities and results, reviewing technical data, discussing policy issues, tracking project schedule and monitoring overall project progress. These meetings will also provide an opportunity to review and refine draft materials (such as agenda, handouts, presentations and display exhibits) in advance of community workshops and events. Technical team members will be involved in the coordination calls and meetings at key points. WE G Arcadia General Plan, Conceptual Edge Conditions for the Downtown Task 7.2: City Technical Advisory Committee Meetings (5) MIG recommends the City convene a Technical Advisory Committee, or TAC, to consult and advise the project team during the development of the General Plan Update. The TAC would consist of City staff from Community Development, Engineering, Parks and Recreation, Public Works and other departments with a vested interest in this project. Staff from other partner agencies may be invited to participate on the TAC as well. MIG will consult with City staff to develop the TAC roster. The TAC will be convened up to five times during the course of the project to review draft work products, advise on policy and plan development and help staff prepare for public meetings, workshops and hearings. City staff will be responsible for finalizing the list of TAC members and inviting them to participate. For regular meetings, the City will secure meeting locations and distribute materials prepared by MIG. Task 7.3: General Plan Advisory Committee Meetings (10) The MIG Team will plan and facilitate up to 10 meetings of a General Plan Advisory Committee, or GPAC, that will represent a range of community interests to advise the project team during the development of the General Plan Update. Members may include representatives from neighborhood associations, business groups, transportation and housing advocacy groups and environmental organizations, as well as residents representing a range of perspectives, including youth and seniors. As indicated in the RFP, members of the GPAC may also include on representative each from the City Council and Planning Commission. In this way, these members can report back to their larger group to apprise of project progress and key issues of discussion. City of Diamond Bar I Comprehensive General Plan Update 2.23 T Hwrka9 urs -r ` Ftt ly^A[ _ I(aY MOP SecfbA 8 Padeai an CufJhough SerAian A, Ped Mon ANey WeW 1 Y A� ) 'll r. MWq ry l 1 iN.vb k I 11[¢.fekpa.6� eS9mamx.n¢Yt ...ePlCea 'x`m.r� i .n � I I'[mrrn In *, u m•.i+.l lirrdra yrrA} nln..r�. M1'NI r ryrF i r 01�` q� yr �PA=o1L tl0%Xlhk (RAN.. �"„—` - ? y'a_—axJy,r - R r MY tePl¢IWimni aW4ik:_ �sarus. _ •-lniw Sxllop C. ftft gh Mh tRebfbmhlp SBdlenD PPrkkp LofbSheef RBbA..Np Saron E' EvpendedP dlwey II.pJfWlr W W _,.1 - rtm lY tlm93s"nAda}Ttt vJ VIerM [a:,r[e PNLaI •v R WO..tp r � J - 6[1-0tµ1,��.n mm[rt-r1 .af«r W.NNi�Y pll[Y..ynj l,[YNwi{^ 4J .vl.y I vLr,IfW A��`m¢rtr9Pvigilm .maYrG n�lrnl 1-<mnRraltxJ kTtla ovVr9aJati•J Rn kbLF.iMe�.�bsvnAm'.diNnxh LNi G-M[nYcirt,71fm1'/»sl cx abklxd4 WprekC of wliYn ri vnYe Arcadia General Plan, Conceptual Edge Conditions for the Downtown Task 7.2: City Technical Advisory Committee Meetings (5) MIG recommends the City convene a Technical Advisory Committee, or TAC, to consult and advise the project team during the development of the General Plan Update. The TAC would consist of City staff from Community Development, Engineering, Parks and Recreation, Public Works and other departments with a vested interest in this project. Staff from other partner agencies may be invited to participate on the TAC as well. MIG will consult with City staff to develop the TAC roster. The TAC will be convened up to five times during the course of the project to review draft work products, advise on policy and plan development and help staff prepare for public meetings, workshops and hearings. City staff will be responsible for finalizing the list of TAC members and inviting them to participate. For regular meetings, the City will secure meeting locations and distribute materials prepared by MIG. Task 7.3: General Plan Advisory Committee Meetings (10) The MIG Team will plan and facilitate up to 10 meetings of a General Plan Advisory Committee, or GPAC, that will represent a range of community interests to advise the project team during the development of the General Plan Update. Members may include representatives from neighborhood associations, business groups, transportation and housing advocacy groups and environmental organizations, as well as residents representing a range of perspectives, including youth and seniors. As indicated in the RFP, members of the GPAC may also include on representative each from the City Council and Planning Commission. In this way, these members can report back to their larger group to apprise of project progress and key issues of discussion. City of Diamond Bar I Comprehensive General Plan Update 2.23 MIG will consult with City staff to develop the GPAC roster. MIG will plan, facilitate and summarize each GPAC meeting to inform the work of the project team. The GPAC will be active participants nthhe planning process at each stage, from visioning through adoption and will serve as liaisons to their constituent groups, inviting input into the process and encouraging community participation in public events, the online survey and community workshops. All GPAC meetings will be open to the public and may includepublic comment periods. City staff will be responsible for finalizing the list of GPAC members and inviting them to participate. For regular meetings, the City will secure meeting locations, distribute materials provided by MIG and provide refreshments. Task 7.4: Project Management MIG will provide strong, hands-on management throughout the project. Resulting from early coordination with City staff, MIG will produce a detailed project schedule that will outline and track team deliverables, milestones and deadlines throughout the project timeframe. The project schedule will be updated throughout the course of the project as needed. MIG will also provide ongoing contract administration with both City staff and the subconsultant team, budget tracking, invoicing and other support functions designed to ensure the timely delivery of projects and services. Phase 7 Deliverables: • Weekly Project Management Calls • As -needed phone and email communication and in-person staff meetings • TAC Meeting Materials and Summaries (Word/PDF/hard copies) • GPAC Materials and Summaries (Word/ PDF/hard copies) Bald, in Park SatainabillryBl .,n, Pnun�ln renl: pbx,ITheP,ol�l Lurtenl Hva1111 vntl 5uslainaGlily - Ellor�ln9W„vmmnPark^.amv.... 1 L I bJi�l�l® Y P.MnW 04alma �I LI I Id ra, i r to Baldwin Park General Plan, Zoning and Health and Sustainability Element 2.24 City of Diamond Bar I Comprehensive General Plan Update r �+k' a. XLH.., 3n i,'�`Ibr� e. �, .� � . i'. '�'# C'lxr A'u A I��.:y � J ^ a f �f��`.�-n g PHASE I: PROJECT INITIATION PHASEW SETTINGTHE PHASE III: CON CEPT ALTERNATIVES TO GNDATION AND. 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L i cp..'"kma. wwa GmaalMGaraNRn G.nsIIPe-r D VEENT CODE I enelmmni IMP NrbW�n.A� �� I Wnl 5 ppplp- 1 1iLY•MGIW � iIL J( 1 ! ] Baldwin Park General Plan r � s,c ---` i' am'. Health and Sustainability Element 1 4t� 0 Key Personnel We are proud to present an experienced and deeply motivated team for the Diamond Bar Comprehensive General Plan Update. Our team members have been selected based on their expertise in their fields of work, as well as for their passion for this project. MIG Principal Laura R. Stetson, AICP will serve as Principal -in -Charge. She has a combination of sound technical planning skills and innovative thinking, combined with great facilitation and organizational talents. She has nearly 30 years of experience managing and preparing award-winning general plans, community and specific plans, zoning codes and special planning studies for diverse cities throughout California. In this capacity, she has worked with advisory committees, commissions and councils to develop long-range goals, policies and programs and to craftthe regulatory tools to implement those programs. She has led successful General Plan programs in the cities of Arcadia, Brea, Claremont, Baldwin Park, La Puente, Monterey Park, Vernon and South EI Monte, among many others. Laura will work closely with MIG Project Manager Lisa Brownfield. Lisa will provide strong day-to-day project management of the entire program. She has extensive experience with long-range planning documents and preparing specific plans, and has extensive experience with zoning and development codes. She has managed the general plan updates in the cities of Azusa, Huntington Beach, Redwood City, Rosemead and currently Cudahy. As support to Laura and Lisa with the General Plan Update and the Optional Development Code Update, MIG's Genevieve Sharrow will serve as Deputy Project Manager and Land Use Planner. Genevieve has extensive experience with long-range planning documents and implementing codes. She has assisted with the preparation of general plans and/or their associated EIRs in Vernon, Baldwin Park, La Palma, Rialto, Redwood City and Rosemead. Genevieve has also assisted in the development of zoning regulations for the cities of Redwood City, Duarte and Baldwin Park, and is currently managing the Zoning and Subdivision Code update for the City of Arcadia. City of Diamond Bar I Comprehensive General Plan Update 4.1 Supporting the Project Management Team is a deep bench of experienced and dedicated technical team members, including urban planners, designers, zoning and form -based code specialists, GIS specialists, public policy experts, community engagement specialists, environmental analysts and technology and graphics personnel. Key Team members include: Esmeralda Garcia, MIG Public Facilitator and Community Outreach Specialist, will assist with developing an innovative and interactive community engagement program, as well as providing facilitation of the community workshops and key meetings. Steve Lang, ASLA is a principal at MIG and a landscape architect with over 30 years experience in complete streets, greenways, parks and open space planning and design, urban design and trails planning. As Community Design Lead, he provides a deep understanding and expertise in streetscape, active and passive openspace systems, recreation use and trails planning, design and maintenance. Amalie Leighton, PE,. AICP, MIG Planner and Civil Engineer, will serve as Infrastructure Lead and has undertaken significant utility, stormwater management and infrastructure planning projects. Amalia has partnered with municipal agencies and their stakeholders to prepare planning documents that emphasize green infrastructure, low impact development and design, mobility and community enhancement. Laurie Matthews, ASLA, MIG Director of Preservation Planning and Design, has interpreted and applied the Secretary of the Interior's Standards and National Register of Historic Places guidelines to historic properties ranging from iconic places as Hearst Castle, Yosemite National Park and Ellis Island to ranches and farms in California and throughout the United States. As Historic Resources Lead, she and MIG Architectural Historian JulieAnn Murphy will assist in addressing all historic preservation analysis and policy recommendations of the General Plan. Project Associates Paola Bassignana and Ryan Bariuelos, will support various work components of the General Plan and Optional Development Code Updates. A planner and bilingual community engagement specialist, Paola will assist with community engagement as well as preparation of the General Plan and Optional Development Code. Ryan will assist in the preparation of the General Plan and Optional Development Code. 4.2 City of Diamond Bar I Comprehensive General Plan Update Christopher Brown, MIG's Director of Environmental Services, will advise the preparation of all CEQA documentation and provide technical oversight and quality assurance for the environmental team. Chris will direct our in-house preparation of the air quality, GHG, noise and hazard studies associated with the CEQA documentation. Environmental Associates Olivia Chan and Savannah Richards will assist in the preparation of these technical studies and writing of the Program EIR. Additional CEQA documentation support in the areas of natural and biological resources will be provided by MIG's Director of Ecosystem Restoration Laura Moran. Registered Professional Archaeologist Chris Purtell will provide cultural resources evaluation. SUBCONTRACTED WORK We have selected subconsultants that provide specialized expertise in general plans and will complement our well-qualified internal team. Frequent teaming partners, these subconsultant team members and MIG staff have well-established working relationships preparing innovative and implementable plans and policy documents. John Muggridge, AICP and Steven Brown, PE, Principals of Fehr & Peers, will lead mobility planning and preparation of the traffic analysis for the General Plan Update and the EIR. Fehr & Peers has extensive experience in Diamond Bar having prepared the Citywide Traffic Count Inventory, Congestion Management Plan Highway Monitoring and Diamond Bar Interchange Study. Amitabh Barthakur, AICP, with Paul Silvern, Judith Taylor and Thomas Jansen of HR&A Advisors, will conduct market research and fiscal analysis. HR&A's forward looking market and implementation strategies have transformed many communities across the country to realize their full potential in a changing economic and demographic context including nearby City of West Covina and the Fairplex in Pomona. TEAM COMMITMENT All team members are committed to this project and will not be substituted or removed without prior written approval of the City. RESUMES Detailed resumes for the MIG Team—including titles, education, work experience and relevant projects—are provided on the following pages. Laura R. Stetson, AICP PRINCIPAL -IN -CHARGE AREAS OF EXPERTISE Land Use Planning / General Plans / Zoning Codes Specific Plans / Meeting Facilitation QUALIFICATIONS Laura Stetson has served as Principal or Project Manager on specific plans, zoning codes, general plans and special planning studies for diverse cities throughout California for nearly 30 years. In this capacity, she has worked with advisory committees, commissions and councils to develop long-range goals, policies and programs, and to craft the regulatory tools to ensure effective approval and implementation of various plans. She has conducted background research for planning, written plan elements, coordinated preparation of plans and related environmental documentation and presented recommendations to decision-making bodies. She also directs preparation of CEC!A documents, either as part of planning programs or to address development projects. Ms. Stetson oversees and manages projects for a variety of public sector clients. Experience includes general plan updates in Vernon, Monterey Park, Baldwin Park, Rialto, Colton, Rancho Cucamonga, Long Beach, Torrance, Redwood City, Claremont, Arcadia and currently in Costa Mesa, and comprehensive zoning code updates for the cities of Duarte, La Puente and Baldwin Park. AFFILIATIONS • American Planning Association (APA) • American Institute of Certified Planners (AICP) • California Planning Roundtable EDUCATION • Bachelor of Science, Environmental Earth Science, Stanford University • Graduate Coursework in Public Administration, American University RELEVANT EXPERIENCE • Rancho Cucamonga General Plan Update, Rancho Cucamonga, California • Brea General Plan, Brea, California • Claremont General Plan, Claremont California • Baldwin Park General Plan and Zoning Code and Sustainability Element, Baldwin Park, California • Rialto General Plan, Rialto, California • Riverside General Plan and Zoning Ordinance Update, Riverside, California • Redwood City General Plan Update, Redwood City, California • Colton General Plan, Colton, California • Vernon Focused General Plan and Zoning Ordinance Update and EIR, Vernon, California • Long Beach General Plan Land Use Element, Long Beach, California • Manhattan Beach General Plan, Manhattan Beach,. California • Smoky Hollow Specific Plan Update, El Segundo, California • Costa Mesa General Plan, Costa Mesa, California • Torrance General Plan Update, Torrance, California • Westminster Zoning Code Update, Westminster, California • Garden Grove Mixed Use Zoning Regulations, Garden Grove, California PROJECT AWARDS • Brea General Plan - APA Award, California Chapter • Redwood City General Plan -APA, California Chapter, Outstanding Achievement for Small Jurisdiction Planning Effort • Riverside General Plan - APA Award, California Chapter • Claremont General Plan - APA Award, California Chapter City of Diamond Bar I Comprehensive General Plan Update 4.3 Lisa Brownfield PROJECT MANAGER AREAS OF EXPERTISE Project Management / General and Specific Plans Sustainability / Land Use Planning and Policy QUALIFICATIONS Lisa Brownfield has extensive experience in private sector and public sector planning. Her 18 years of project management experience includes leading large consultant teams and city staff; formulating, monitoring and ensuring compliance with project budgets and schedules; ensuring all technical and presentation materials and products are of the highest quality; envision, creating and facilitating significant public outreach programs; and presenting technical concepts, plans and managerial reports to decision -makers, members of the public and related professionals. In addition to project management expertise, Lisa has diverse technical experience. She has prepared all mandatory and many optional elements of general plans; prepared policy documents that highlight sustainability, smart growth, healthy city concepts, prepared industrial, commercial and recreation oriented specific plans; conducted special land use, housing and circulation studies; reviewed and amended zoning and development codes; and conducted and prepared many environmental reviews and analyses. Lisa served as the Project Manager and Technical Writer for the award-winning Redwood City General Plan where form based, smart growth, sustainability and "healthy cities" concepts are paramount. All of Lisa's general plans, specific plans and community plans are self -mitigating, where the environmental impacts associated with the plans are primarily mitigated through plan policy change. PROFESSIONAL AFFILIATIONS • American Planning Association 4.4 City of Diamond Bar I Comprehensive General Plan Update EDUCATION • Master of Arts, Urban Planning, University of California, Los Angeles • Bachelor of Science, Urban Planning, California State Polytechnic University, Pomona RELEVANT EXPERIENCE • Redwood City General Plan Update, Redwood City, California • Redwood City Inner Harbor Specific Plan, Redwood City, California • Cudahy General Plan, Cudahy, California • Costa Mesa General Plan Update, Land Use and Circulation Elements and EIR, Costa Mesa, California • Huntington Beach General Plan, Huntington Beach, California* • Garvey Avenue Corridor Specific Plan, Rosemead, California • Sphere of Influence Specific Plan and EIR, Ontario, California • Big Bear Lake Moonridge Corridor Specific Plan and EIR, Ontario, California • Rosemead General Plan, Rosemead, California* • Azusa General Plan and Development Code, Azusa, California* • Inglewood International Industrial Corridor Specific Plan, Inglewood, California* *work completed prior to MIG AWARDS • Redwood City General Plan Outstanding Achievement for Small Jurisdiction Planning Effort, APA, California Chapter, 2012 • Los Angeles General Plan Framework Outstanding Achievement for Large Jurisdiction Planning Effort, APA, California Chapter, 1997 • Azusa General Plan and Development Code SCAG Compass Blueprint Award, Visionary Planning for Livability Award, 2008 Genevieve Sharrow DEPUTY PROJECT MANAGER AREAS OF EXPERTISE Urban Planning / General Plans / Housing Elements Zoning Ordinances / Development Codes / GIS QUALIFICATIONS With ten years of experience, Genevieve Sharrow provides a broad range of planning and planning related services to clients. Her primary responsibilities include preparing and assisting in the preparation of general plans, with housing element expertise; zoning ordinances and development codes; HUD applications and compliance documents; and environmental analysis and CEQA documentation. She has extensive experience with long-range planning. documents and implementing codes. Genevieve has experience in leading community outreach efforts as an integral component of projects, especially as related to General Plans and HUD compliance documents. Genevieve has led facilitated discussions with stakeholders, conducted one-on-one interviews, participated in large open -house meetings with community members, created and administered surveys, and given presentations for interest groups; Planning Commissions and City Councils. Her CEQA experience spans diverse projects, at a variety of analysis levels. She excels at completing succinct, thoroughly researched and defensible environmental review for both development and program -level projects. Genevieve has prepared air quality and greenhouse gas emissions assessments utilizing the latest CalEEMod software and is well -versed in the latest developments related to climate change. PROFESSIONAL AFFILIATION • American Planning Association EDUCATION • Master of Art, Urban Planning, University of California, Los Angeles, 2007 • Bachelor of Arts, Social Anthropology, University of Michigan, 2002 RELEVANT EXPERIENCE • La Palma General Plan Update, La Palma, California • Vernon Focused General Plan and Zoning Ordinance Update and EIR, Vernon, California • Baldwin Park General Plan Health and Sustainability Element, Baldwin Park, California • Rialto General Plan, Rialto, California • Redwood City General Plan, Redwood City, California • Redwood City Zoning Code Update -Mixed Use, Redwood City, California • Baldwin Park Zoning Code, Baldwin Park, California • Duarte Development Code, Duarte, California • Garden Grove Mixed Use Zoning Regulations, Garden Grove, California • Rosemead General Plan EIR, Rosemead, California • Pasadena Lincoln Avenue Specific Plan, Pasadena, California • Initial Studies/(M)NDs/Addendums to EIRs for Zoning Amendments, Baldwin Park, Duarte, Monterey Park, Garden Grove and Redwood City, California • Initial Studies/(M)NDs for Housing Elements, Azusa, West Covina and Baldwin Park, California PROJECT AWARDS • Redwood City General Plan -APA, California Chapter, Outstanding Achievement for Small Jurisdiction Planning Effort City of Diamond Bar I Comprehensive General Plan Update 4.S M I G Esmeralda Garcia LEAD COMMUNITY ENGAGEMENT SPECIALIST AREAS OF EXPERTISE Community Outreach / Facilitation / Visioning Community Planning / Stakeholder Involvement [3rLL.lyGL�lUIi!F9 Esmeralda Garcia is the Director for Pasadena Office Operations and has been a Senior Project Manager with MIG for over ten years. Ms. Garcia has a broad background that combines community planning, urban design and community outreach. She has led numerous neighborhood -based and regional planning efforts for both public and private sector clients, working closely with community stakeholders and city leaders to develop neighborhood improvement plans, community plans, downtown strategic plans and transportation plans. From visioning and strategic planning to comprehensive general planning, Ms. Garcia has extensive experience developing interactive program methodology to identify the needs of ethnically diverse communities. Fluent in both Spanish and English, she has facilitated bilingual community meetings, workshops and focus groups to determine community challenges, issues and opportunities. As an expert facilitator, Ms. Garcia has assisted a variety of groups and organizations in consensus -building for controversial projects, including cities, counties, regional agencies, environmental groups, residents' associations and development agencies. PROFESSIONAL AFFILIATIONS • American Planning Association • Transportation Research Board - Environmental Justice Committee Member 4.6 City of Diamond Bar I Comprehensive General Plan Update EDUCATION • Bachelor of Arts, Art History California State University, Los Angeles RELEVANT EXPERIENCE • Brea General Plan, Brea, California • City of Westlake Village Visioning, Westlake Village, California • City of Commerce Planning Outreach Projects, Commerce, California • Santa Monica Pier Visioning, Santa Monica, California • City of Upland Vision and Development Plan, Upland, California • Rialto Downtown Vision and Strategic Plan, Rialto, California • Riverside Vision and General Plan Update, Riverside, California • West Hollywood Vision and Strategic Plan, West Hollywood, California • Long Beach General Plan Update, Long Beach, California • Palm Springs General Plan Update, Palm Springs, California • Pasadena General Plan Update Public Outreach and Community Participation Program, Pasadena, California • Ventura General Plan Advisory Committee, Ventura, California • Los Angeles Goldline Extension/Boyle Heights Transit - Oriented Urban Design Study, Los Angeles, California • Barrio Logan Community Plan Update, San Diego, California • Ventura Creative Cities Charrette, Ventura, California • Azusa General Plan Update Visioning and Public Outreach Program, Azusa, California Steve Lang, RLA, ASLA LANDSCAPE ARCHITECT / COMMUNITY DESIGN LEAD - STREETS / PARKS, TRAILS AND OPEN SPACE AREAS OF EXPERTISE Landscape Architecture / Parks and Trails Streetscapes and Public Realm QUALIFICATIONS A Principal in MIG's Fullerton office, Steve Lang has more than 35 years of experience in landscape architecture and project management. He has managed the preparation of conceptual studies, master plans and construction drawings for projects ranging from trails and corridors, to urban redevelopment and natural parks. His experience includes regional interpretive trails along waterways; neighborhood, community and regional parks; equestrian facilities; sports complexes; streetscapes; and road improvements. AFFILIATIONS • American Society of Landscape Architects ASLA • California Parks and Recreation Society CPRS • American Trails REGISTRATIONS • Registered Landscape Architect: California #1771 and Nevada #461 r_Pi7_RIi9 • Anaheim Coves—SCC/ASLA Merit Award Winner - 2014 ASLA Quality of Life • West San Gabriel River Parkway Nature Trail, Phases and II — 2003 and 2007 APWA Project of the Year; 2003 ASLA Merit Award; 2003 APWA Project of the Year • Long Beach Transit Mall — McGraw-Hill/ENR Merit Award Winner- 2011 Best Projects California • Monte Verde Park—SCC/ASLA, APWA and CPRS Merit Award Winner - 2003 Quality of Life; 2001 APWA Project of the Year; 2001 CPRS Award of Excellence - Park Planning EDUCATION • BA, Landscape Architecture, University of California, Berkeley RELEVANT EXPERIENCE • Anaheim Urban Greening Plan, (connectivity plan featuring trails in utility corridors and along the Santa Ana River), Anaheim, California • Anaheim Downtown Improvements, Anaheim, California • Claremont Hills Wilderness Park Master Plan, Claremont, California • Chino Hills State Park, (Hiking and equestrian trails planning), Chino Hills, California • Long Beach Transit Gallery, Pine Avenue Streetscape Improvements and North Long Beach Street Enhancements (South Street and Del Amo, Cherry Avenue, Atlantic Avenue), Long Beach, California • Imperial Beach Palm Avenue Streetscape, Imperial Beach, California • Beverly Boulevard Streetscape Improvements, Pico Rivera, California • Firestone Boulevard Streetscape Improvements and Monument Gateway studies, Downey, California • Anaheim Street Improvements (Anaheim Boulevard, Lincoln Boulevard, Euclid Street, Harbor Boulevard), Anaheim, California • Anaheim City Hall Redevelopment, Anaheim, California • Victoria Avenue Streetscape Improvements, San Bernardino, California • Alamo and Cesar Chavez Avenues Streetscape Improvements, San Antonio, Texas • Fullerton Community Services Department As -Needed Landscape Architectural Services, Fullerton, California • County of Los Angeles As -Needed Landscape Architecture Services, Los Angeles County, California • Long Beach Parks and Recreation Department As -Needed Landscape Design Services, Long Beach, California • Anaheim Community Services Department As -Needed Landscape Architecture Services, Anaheim, California City of Diamond Bar I Comprehensive General Plan Update 4.7 Amalia Leighton, PE, AICP INFRASTRUCTURE PLANNER / CIVIL ENGINEER AREAS OF EXPERTISE Green Infrastructure / LID / Stormwater Planning QUALIFICATIONS Amalia is an engineer and planner who has undertaken significant utility, stormwater management and infrastructure planning projects. Amalie has partnered with municipal agencies and their stakeholders to prepare planning documents that emphasize green infrastructure, low impact development and design, mobility and community enhancement. Clients who have worked with Amalia value her emphasis on implementation. Her experience encompasses leading complex teams with specialty subconsultants such as health and walking specialists, social equity stakeholders, and urban designers. AFFILIATIONS • American Planning Association REGISTRATIONS • Registered Professional Engineer; California #71129 and Washington #43050 4.6 City of Diamond Bar I Comprehensive General Plan Update EDUCATION • BS, Civil Engineering, University of Washington • University of Washington, Environmental Law and Regulation Certificate RELEVANT EXPERIENCE • 21st Street: Complete and Green Street, Paso Robles, California • Shoreline Green Streets, Shoreline, Washington • Seattle Pedestrian Master Plan, Seattle, Washington • Seattle Bicycle Master Plan Update, Seattle, Washington • Seattle Department of Transportation Trees and Sidewalks Operations Plan and On -Call Sidewalk and Drainage Services, Seattle, Washington • City of SeaTac Safe and Complete Streets Plan, SeaTac, Washington • Lower Mapes Creek Restoration, Seattle, Washington • LID / Sustainable Strategies for 2006-2011 Capital Improvement Program, Kirkland, Washington • Washington State Department of Ecology LID Stormwater Standards, Washington • City of Seattle Sewer Capacity Assessment, Seattle, Washington • Bell Street Park, Seattle, Washington • Bel -Red Sub -Area Low Impact Development Incentive Plan, Bellvue, Washington Laurie Matthews, ASLA HISTORICAL LANDSCAPE ARCHITECT / HISTORIC RESOURCES LEAD AREAS OF EXPERTISE Cultural Landscape Planning and Design / 18th -20th Centurl Rural and Agricultural Landscapes / Section 106 Compliance Public Involvement and Facilitation / Stakeholder and Community Outreach t•7Va\III; ley -It I[OMP Laurie Matthews is a cultural resource planner and historical landscape architect with a diverse range of design, planning and research experience. She has interpreted and applied The Secretary of the Interior's Standards and National Register of Historic Places guidelines to dozens of historic properties including such iconic places as Hearst Castle, Yosemite National Park, Ellis Island, Lincoln Cottage, and Washington Place. Ms. Matthews has developed design solutions, completed critical research and analysis, worked with stakeholders for complex projects including many master plans and cultural landscape reports for a variety of agricultural properties throughout the United States. Prior to joining MIG, Ms. Matthews coordinated a regional Cultural Landscape Inventory Program for the National Park Service's Olmsted Center for Landscape Preservation. Her work has garnered many national and regional awards and she frequently speaks at national conferences on historic preservation and design. SELECTED PRESENTATIONS AND PUBLISHED WORKS • "Shine A Light: Innovative Survey Methods and Tools for Preserving Historic Districts" Association for Preservation Technology Conference, 2013 • "Mendocino Woodlands: Leveraging Resources Effectively to Complete Cultural Landscape Projects for Historic Sites" Alliance for Historic Landscape Preservation Conference Papers, 2012 and George Wright Society Conference Papers, 2013 • "What Lies Beneath: Design Techniques forVolumiimg and Revealing Layers of an Archaeological Park" George Wright Society Conference Papers, 2011 • "A Taste of Oregon: Cultural and Natural Resource Planning at Dorris Ranch " Alliance for Historic Landscape Preservation Conference Papers, 2009 and George Wright Society Conference Papers, 2009 EDUCATION • MS, Landscape Architecture, University of Oregon • BA, Landscape Architecture, University of Oregon • BA, Fine Arts, Lewis & Clark College RELEVANT EXPERIENCE • Stevens Creek Corridor Master Plan, Cupertino, California • Luscher Farm Master Plan, Lake Oswego, Oregon • Dorris Ranch Living History Farm Master Plan, Springfield, Oregon • Hearst Castle Cultural Landscape Report, San Simeon, California • Tolay Lake Regional Park Master Plan/Cardoza Ranch Cultural Landscape Inventory, Sonoma County, California • Historic Ranches Cultural Landscape Inventories, Bighorn Canyon National Recreation Area, Montana/Wyoming • Oliver H. Kelley Farm Cultural Landscape Report, Elk River, Minnesota • Civic Center Historic District Cultural Landscape Inventory, San Francisco, California • Curry Village Cabin Rehabilitation, Yosemite National Park, California • Mt. Lebanon Shaker Village Cultural Landscape Report, New Lebanon, New York • John Jay Estate/Marshlands Conservancy Cultural Landscape Report, Rye, New York SELECTED AWARDS • Oregon ASLA Award of Excellence, Dorris Ranch Master Plan, 2010 • ASLA Historic American Landscape Survey Challenge: First Place, Gaiety Hollow Cultural Landscape Report, 2013 • Vermont ASLA Planning and Analysis 2005 Honor Award and Connecticut ASLA 2003 Communication Award, John Jay Estate Cultural Landscape Report City of Diamond Bar I Comprehensive General Plan Update 4.9 JulieAnn Murphy ARCHITECTURAL HISTORIAN AREAS OF EXPERTISE Historic Preservation / Architectural History QUALIFICATIONS JulieAnn Murphy is a preservation professional specializing in architectural history and historic resource evaluation. Ms. Murphy has worked in historic site management and architectural preservation. She is skilled at historic and archival research. She has prepared architectural documentation, resource evaluation forms and conditions reports on several single and multi -site historic resources pursuant to CECIA and the National Historic Preservation Act (NHPA), Section 106. She hasworked with several regulatory agencies, including National Park Service. Ms. Murphy's training and background meet the Secretary of the Interior's Professional Qualifications Standards for architectural history and history. EDUCATION • MS, Historic Preservation, University of Pennsylvania • BA, History and Sociology, University of California, Riverside RELEVANT EXPERIENCE • Local Historic District Nomination, Ardmore, Pennsylvania* • Pennsylvania Historical and Museum Commission, Historic Resource Survey Form and Determination of Eligibility, William Penn Inn, Wynnewood, Pennsylvania* • Conservation Sketch Plan Evaluation, Conservation Easement, Nonprofit Estate, Gladwyne, Pennsylvania* • Conservation Sketch Plan Evaluation, Conservation Easement, Private Estate, Wynnewood, Pennsylvania* • Historic Structures Report, Siloam Baptist Church, Philadelphia, Pennsylvania* • Preservation Plan, Charles R. Drew Elementary School, Philadelphia, Pennsylvania* • Survey Form Development for Conditions Assessment, Nike Missile Site SF -88L, Golden Gate. National Recreation Area, Marin, California* *Work completed prior tojoining MIG 4.10 City of Diamond Bar I Comprehensive General Plan Update Paola Bassignana PROJECT ASSOCIATE AREAS OF EXPERTISE Community Outreach and Engagement / Planning Project Research and Analysis. / Bilingual -Spanish QUALIFICATIONS Paola Bassignana is a Project Associate and Urban Planner. She provides support on various community outreach and planning efforts, specifically with regard to strategy development, media relations, meeting coordination, collateral material development, social media marketing and event planning. AFFILIATIONS • APA EDUCATION • M.A. Urban and Regional Planning, International Development Concentration, University of California, Los Angeles • B.A. Global and International Studies, B.A. Italian Studies, University of California, Santa Barbara IT�4�7_\dYi�77gif�[rl� • 1-710 Corridor Project EIR/EIS Community Outreach and Engagement Program, Los Angeles, California • Glendora Arrow Highway Corridor Specific Plan, Glendora, California • Salinas Housing and Community Development Planning Initiatives Community Outreach, Salinas, California • Los Angeles County Flood Control District Enhanced Watershed Management Plan Community Outreach, Los Angeles County, California • Los Angeles County Department of Regional Planning Strategic Plan, Los Angeles County, California • Claremont Hills Wilderness Park Master Plan, Claremont California • Redwood City Inner Harbor Specific Plan, Redwood City, California Ryan Banuelos PROJECT ASSOCIATE AREAS OF EXPERTISE Neighborhood and Community Planning / Sustainability QUALIFICATIONS Ryan Banuelos is a Project Associate in MIG's Pasadena office. He provides support on a variety of planning efforts, specifically with regards to land use, specific plans, general plans and sustainability. His exceptional technical skills and background in planning and environmental science has also contributed to the success of multi- faceted projects for a range of clients including City and Regional Planning entities. Ryan is skilled in Adobe Suite, Google SketchUp and GIS and is conversational in Spanish. While completing his graduate studies, Ryan was selected as the 2013-2014 Student Scholarship Central Coast Section recipient by the California Planning Foundation and was a recipient of the Errett Fisher Foundation Grant 2013 Fellowship at Cal Poly San Luis Obispo. AFFILIATIONS APA EDUCATION • Masters of City and Regional Planning, California Polytechnic State University, San Luis Obispo • Bachelor of Science, Earth and Environmental Science, University of California, Irvine RELEVANT EXPERIENCE Baldwin Park Healthy Community and Sustainability Element, Baldwin Park, California • Duarte Town Center Specific Plan, Duarte, California • Poway Road Corridor Specific Plan, Poway, California • Redwood City Inner Harbor Specific Plan, Redwood City, California • Garvey Avenue Specific Plan, Rosemead, California • Adelanto North 2035: Sustainable Comprehensive Plan, Adelanto, California • Commerce Green Zones, City of Commerce, California • Malibu Civic Center Area Plan, Malibu, California Christopher Brown DIRECTOR OF ENVIRONMENTAL SERVICES AREAS OF EXPERTISE Environmental Analysis / CEQA Air Quality and Climate Change Analysis uT"Wer-lyir•P69 Christopher Brown has over eight years experience in environmental analysis and the preparation of CEQA documents. He has managed and prepared CEQA documents for a variety of development plans and projects, specific plans, comprehensive general plan updates, general plan elements and transportation improvements and infrastructure plans and projects. In addition to his CEQA expertise, Chris has specialized in air quality and has been modeling and analyzing air pollutant emissions for the past six years. The air quality assessments utilize the latest CalEEMod software for a variety of development and infrastructure projects. He has prepared GHG emissions models utilizing the methods and practices presented in the California Air Pollution Control Officers Association's CEQA and Climate Change white paper and their Quantifying Greenhouse Gas Mitigation Measures guidelines. f-PL•kVllr•J0I • Bachelor of Science, Environmental Planning, California State University, Northridge RELEVANT EXPERIENCE • Colton General Plan EIR, Colton, California • Rialto General Plan EIR, Rialto, California • La Palma General Plan EIR, La Palma, California • Claremont University Consortium East Campus EIR, Claremont, California • Station Square Transit Village Specific Plan, Phase II IS/ MND, Monrovia, California • Rosemead General Plan and EIR, Rosemead, California • Huntington Beach General Plan and EIR, Huntington Beach, California • Twentynine Palms General Plan and EIR, Twentynine Palms, California City of Diamond Bar I Comprehensive General Plan Update 4.11 Olivia Chan ENVIRONMENTAL ASSOCIATE G1d4_FY•1aW42:1711F9 Environmental Analysis / CEQA Air Quality and Climate Change Analysis U0 1M1FAIW- il[•PFi Olivia Young is an assistantproject manager for Environmental Planning. She has prepared a variety of environmental documents such as Initial Studies, Mitigated Negative Declarations, Environmental Impact Reports and Mitigation Monitoring Programs pursuant to CEQA for jurisdictions throughout Southern California. In addition to her environmental experience, Olivia has assisted in the preparation of a specific plan for a 800 -acre Master Planned Community in the City of Corona. She has also provided demographics research and enrollment projection analysis for several school districts within California. These services allow school districts to better plan for the future in terms of facility and faculty needs. EDUCATION • Masters in Urban and Regional Planning University of California, Irvine • Bachelors in Environmental Analysis and Design University of California, Irvine • EPA 400 and EAA 422 RELEVANT EXPERIENCE • Garden Grove Housing Element Initial Study (IS)/Mitigated Negative Declaration (MND), Garden Grove, California • Colton General Plan Update EIR, Colton, California • Baldwin Park Housing Element IS/MND, Baldwin Park, California • Hawaiian Gardens Redevelopment EIR, Hawaiian Gardens, California • Whittier LA Fitness IS/MND, Whittier, California • Irvine Crossings IS/MND, Irvine, California 4.12 City of Diamond Bar I Comprehensive General Plan Update Savannah Richards I��L71:itZWri11PY/c\I/_F'f�Y•Z9G\i� AREAS OF EXPERTISE Environmental Analysis / Hazards and Hazardous Materials Analysis QUALIFICATIONS Savannah Richards is an associate environmental planner with MIG's Environmental Planning division. Savannah has a background and education in planning and environmental studies. She is experienced in Phase I and II Environmental Site Assessments, preparation of EPA Quarterly Reports and submission of Annual Supplemental Funding Requests. Savannah also has experience with NEPA documentation, has developed field skills in wetland delineation and mitigation and participated in extensive field work involving soil and water sampling. EDUCATION • Masters of Regional and City Planning, University of Oklahoma • Bachelors of Science, Environmental Science, Oklahoma State University Additional Education • 40 hour HAZWOPER Safety Training • EPA HAZWOPER Refresher Safety Training • ASTM Phase I and II Site Assessment Training • EPA's Introduction to Groundwater Investigations • DEQ Trimble GeoXT GPS Certification • EPA's Intro to Risk Assessment • EPA's Superfund 101 • ArcMap Training I:i:1X7_1101 Yi4P91: F*1Tr 14 • 2400 South Fremont Specific Plan Initial Study/MND, Alhambra, California - • Adelanto North 2035 Comprehensive Sustainable Plan EIR, Adelanto, California • San Bernardino 2014-2021 Housing Element Initial Study/ MND, San Bernardino, California • San Bernardino County, Treh Partners, LLC Initial Study/ MND, San Bernardino County, California Laura Moran SENIOR BIOLOGIST AREAS OF EXPERTISE CEQA/NEPA / Biological Studies / Ecosystems Restoration QUALIFICATIONS Laura Moran has over 28 years of environmental consulting experience in biology and project management. She has directed, managed and conducted a broad range of wetland delineation and resource studies, biological resource inventories, special -status species surveys, environmental impact analyses, multi - agency permitting, multi -parcel mitigation banking and environmental monitoring plans for mitigation and construction projects for various public- and private - sector clients. She has a thorough understanding of CEQA/NEPA, multiple state and federal endangered species acts and state and federal regulations and permits involving biological and water resources. EDUCATION • BLA/MUP Degree Program, City University of New York, 1988 • Bachelor of Science, St. Lawrence University, 1985 CERTIFICATIONS • California Rapid Assessment Methodology Certified • Habitat Evaluation Procedure Certification, US Fish and Wildlife Service Wetland Delineation Certification RELEVANT EXPERIENCE • Claremont Hills Wilderness Area Master Plan, Bio Study Peer Review, Restoration Project Coordination, Mitigation Bank Creation, Claremont, California • Flood Control Maintenance Projects, Alameda County Flood Control and Water Conservation District, Bio Studies, Permitting, Alameda County, California* • Chevron Renewal Project Revised EIR, Bio Studies, Mitigation Plan, Richmond, California • Stevens Creek Corridor Parks Master Plan EIR, Bio Studies, Permitting, Stream Restoration, Cupertino, California • I-5/Route 126 Magic Mountain Parkway Improvement Project, RNES, EIR/EIS, Los Angeles County, California* • Cotati Downtown Specific Plan EIR, Cotati, California* "work completed prior to joining MIG MII G Christopher W. Purtell, RPA SENIOR ARCHAEOLOGIST AREAS OF EXPERTISE Cultural Resources Analysis and Monitoring Christopher Purtell is an archaeologist and archaeological project manager with over ten years of professional experience. He is well -versed in project management, environmental compliance, subcontracting, archaeological survey, excavation, monitoring, data recovery, laboratory analysis and in the development of mitigation and treatment plans. Mr. Purtell has managed cultural resources and aerospace projects and has undertaken and contributed to work efforts for prehistoric and historic archaeology in the Great Basin, Mojave Desert, Southern and Northern California pursuant to CEQA and NEPA. AFFILIATIONS • Register of Professional Archaeologist (ID No. 990027) • Society for American Archaeology(SAA) • Society for California Archaeology (SCA) EDUCATION • Master of Arts, Anthropology, California State University Fullerton, Fullerton, 2013 • Bachelor of Arts, Anthropology/Archaeology, Minor in Geography, California State University Dominguez Hills, Carson, 2005 RELEVANT EXPERIENCE • Lytle Creek Ranch South Residential Commercial Development, Section 106 Evaluation Assessment, Rialto, California • Phase I Cultural Resources Assessment of the Proposed Autodromo California Project-Agua Caliente Band Cahuilla Indians, Riverside County, California • County of Riverside, Planning Department Cultural and Paleontological Resources Assessment New Model Colony (NMC) Storm Drains Ontario, San Bernardino County, California • Southern California Gas Company Pipeline Safety Enhancement Plan: Pipe Line Section 32-21 Cultural and Paleontological Assessment and Resource Protection, Pasadena, California City of Diamond Bar I Comprehensive General Plan Update 4.13 FEHR,'PEERS John Muggridge, AICP PRINCIPAL MOBILITY PLANNER AREAS OF EXPERTISE Transportation Planning / Traffic Impact Analysis John Muggridge has over 19 years of experience in transportation planning and engineering, both in England and in the United States. As a transport planner, Mr. Muggridge has research and analysis experience in both the private and academic sectors. John is experienced in multi -disciplinary transportation and research projects, including multi -modal transportation planning projects and travel demand forecasting. He has authored numerous reports, managed and participated in a large range of transportation planning studies for General Plans, as well as traffic engineering, and parking studies for both private and public clients. He also has extensive experience in conducting circulation studies, traffic impact studies, downtown parking studies, long-range transportation plans, corridor studies and specific plans. CERTIFICATIONS • AICP EDUCATION • MS, Transportation Planning and Engineering, University of Leeds, Leeds/UK • Bachelor of Engineering, Mechanical and Process Engineering, University of Sheffield, Sheffield/UK RELEVANT EXPERIENCE • Pasadena General Plan Mobility Element Update EIR Traffic Study and General Plan Performance Measures, Pasadena, California • Burbank Travel Demand Model and General Plan Transportation Analysis Support, Burbank, California • City of Los Angeles Mobility Element Phase 2 (Mobility Plan 2035), Los Angeles, California • Monrovia General Plan and Land Use Update and Program, Monrovia, California • Temple City General Plan Update and EIR Transportation Study, Temple City, California • Beverly Hills General Plan Update, Beverly Hills, California • Hermosa Beach General Plan EIR Traffic Study, Hermosa Beach, California 4.14 City of Diamond Bar I Comprehensive General Plan Update Steven Brown, PE PRINCIPAL MOBILITY PLANNER AND ENGINEER AREAS OF EXPERTISE Transportation Planning / Traffic Impact Analysis QUALIFICATIONS Steven Brown is a Senior Principal with 30 years of experience in transportation planning and engineering. In addition to his 25 years of consulting experience, Mr. Brown was the Director of Transportation Planning for the City of Sacramento. He has managed projects in eight states that include the following disciplines: transportation master plans, traffic calming, environmental impact assessments, parking and circulation studies, bicycle and pedestrian facility plans, new -urbanist planning, freeway interchanges, intersection/signal designs and corridor studies. Mr. Brown is Principal -in -Charge of Fehr & Peers' City of Diamond Bar On -Call Traffic Engineering contract. REGISTRATIONS • Licensed Traffic Engineer, State of California (TR1510) EDUCATION • MBA, Golden Gate University • Master of Science in Transportation, University of California at Berkeley • Bachelor of Science in Civil Engineering with Honors, University of California, Berkeley • Diamond Bar Citywide Traffic Count Inventory and Congestion Management Plan Highway Monitoring, Diamond Bar, California • Diamond Bar Interchange Study, Diamond Bar, California • Pomona General Plan and Corridors Plan EIR Traffic Study, Pomona, California • City of Los Angeles Mobility Element Phase 2 (Mobility Plan 2035), Los Angeles, California • Calimesa General Plan EIR Traffic Study, Calimesa, California • Calipatria General Plan Transportation Analysis, Calipatria, California • Coachella General Plan Transportation Impact Study and Health Assessment, Coachella, California • Westside (Los Angeles) Mobility Study, Los Angeles, California Amitabh Barthakur, AICP ECONOMIC DEVELOPMENT SPECIALIST AREAS OF EXPERTISE Economic and Fiscal Impact Analysis Economic Development Strategy / Real Estate Strategy QUALIFICATIONS Amitabh Barthakur brings over two decades of experience in real estate and economic development. He has led multidisciplinary teams of economists, planners and designers to deliver a range of complex urban development, infrastructure and tourism related projects. Amitabh brings a deep understanding of planning, policy, and market issues pertaining to the Western US and California. He has led a wide range of studies in the area of land use economics, real estate development, economic development strategy, industrial development and tourism development for numerous public and private sector clients. EDUCATION • Master of Urban Planning, University of Southern California • Master of Building Science, School of Architecture, University of Southern California • Bachelor of Architecture, School of Planning and Architecture, New Delhi RELEVANT EXPERIENCE • SCAG Urban Form Study, Los Angeles, California • E Street Corridor Economic Opportunities Study, San Bernardino, California • Downtown Tucson Intermodal Center Master Plan Market and Financial Analysis, Tucson, Arizona • Crenshaw -Exposition Transit Oriented Development Economic Analysis, Los Angeles, California • City of Boulder's Economic and Fiscal Sustainability Comprehensive Assessment, Boulder, Colorado • 21 st Street Corridor, Wichita, Kansas Paul Silvern ECONOMIC DEVELOPMENT SPECIALIST AREAS OF EXPERTISE Economic and Fiscal Impact Analysis Economic Development Strategy / Real Estate Strategy QUALIFICATIONS Paul Silvern specializes in economic impact, fiscal impact, financial feasibility and other real estate advisory services for both private and public clients. This has involved him in television and film studio expansions, hotel developments, high-technology office parks, high-rise office buildings, shopping centers, hospital complexes, university campus expansions, large residential developments, professional sports stadia, mixed-use developments, and a variety of planning initiatives. • Master of Arts, Architecture and Urban Planning, University of California, Los Angeles • Bachelor of Science with Honors, Architectural Studies, University of Illinois, Urbana RELEVANT EXPERIENCE • Economic Analysis for Santa Monica Development Agreements and Planning Initiatives, Santa Monica, California • NBC Universal Evolution Plan and Other Entertainment Industry Master Plans, Los Angeles, California • Real Estate Analysis for The City Market of Los Angeles, Los Angeles, California • Analysis and Advisory Services on Other Major Developments in Southern California - Financial feasibility, economic analysis, fiscal impact analysis and other related services for existing and new Westfield super -regional shopping centers in Los Angeles, Orange and San Diego Counties; a Specific Plan to guide future academic facility, housing and commercial development at the University of Southern California's University Park campus; redevelopment of the Wilshire Grand Hotel site in downtown Los Angeles; new Class A high-rise office and residential developments in the Century City area of Los Angeles; and General Plan updates for a number of California cities including Santa Monica, Pasadena, Escondido and Ontario City of Diamond Bar I Comprehensive General Plan Update 4.15 lY in�1y,1 A.I.,.... Judith Taylor ECONOMIC DEVELOPMENT SPECIALIST AREAS OF EXPERTISE Economic and Fiscal Impact Analysis Economic Development Strategy / Real Estate Strategy QUALIFICATIONS Judith Taylor brings 10 years of experience in the fields of land use consulting, redevelopment and community development. She has broad experience providing land use economic analyses to inform community plans, specific plans, revitalization and land use strategies, and the entitlement process. Judith's specialties include fiscal impact analysis, economic impact analysis, real estate market analysis, and economic strategy and funding strategy development. Judith is also an industry expert in economic impact analysis and led the economic impact analysis for several high profile sports and entertainment events, projects, and firms, such as the proposed City of Industry Stadium, Cirque du Soleil's KOOZA and Walt Disney Parks and Resorts. EDUCATION • Master in Public Policy and Urban Planning, John F. Kennedy School of Government, Harvard University • BA, Economics, Stanford University RELEVANT EXPERIENCE • West Covina General Plan Update, Market Feasibility and Opportunities Analysis Economic Development Strategy, West Covina, California • Grand Terrace Barton Road Specifc Plan, Market Analysis and Economic Development Strategy, Grand Terrace, California • Downtown Corona Redevelopment Plan, Market Feasibility Analysis, Corona, California • TOD Implementation Strategy for the ARRIVE Corridor, Market Feasibility Analysis, San Bernardino County, California • SANBAG Transportation and Land Use Integration, Market and Feasibility Analysis, San Bernardino County, California • City of Industry Football Stadium Economic Impact Study, Economic and Fiscal Impact, Industry, California 4.16 City of Diamond Bar I Comprehensive General Plan Update Thomas Jansen ECONOMIC DEVELOPMENT SPECIALIST AREAS OF EXPERTISE Economic and Fiscal Impact Analysis Research and Analytical Support QUALIFICATIONS Thomas Jansen provides research and analytical support for a wide range of mixed-use real estate development projects and public-private initiatives. Prior to joining the firm, Thomas worked in the Netherlands, preparing strategic urban analysis and concept design for the planning, programming and architectural aspects of projects in Europe, Asia and the Middle East. While pursuing his masters degree, he worked as an owner's representative and consultant on residential and commercial office projects in New York City. EDUCATION • Master of Architecture, University of Pennsylvania • BA, Architecture, University of Pennsylvania RELEVANT EXPERIENCE • Transit Oriented Development Implementation Strategy for the ARRIVE Corridor, Market Feasibility TOD Analysis, San Bernardino County, California • Omnitrans Holt Boulevard Bus Rapid Transit Analysis, Fiscal Impact Market Feasibility Analysis, Ontario, California • Glendale Space 134 Freeway Cap Park Funding and Implementation Strategy, Fiscal Impact Open Space Strategy, Glendale, California • Santa Monica Civic Auditorium Redevelopment Planning, Market Analysis Financial Feasibility Public Outreach, Santa Monica, California • Wine Country Resort Market Feasibility Study, Market and Feasibility Analysis, Paso Robles, California • Los Angeles County Fairplex Redevelopment, Economic and Fiscal Impact Market and Feasibility Analysis, Pomona, California • Los Angeles Convention Center Expansion Public -Private Partnership Feasibility, Market and Financial Feasibility Analysis, Los Angeles, California SECTION FIVE Budget Nd Fee Proposal The MIG Team has provided our estimated cost by task and a total project cost to complete the Scope of Work proposed on the following page. Should we be selected, it is our intention to review each assignment's objectives carefully with City staff, and we will tailor our scope and cost to best meet the needs and resources of the City of Diamond Bar. HOURLY RATES Professional time is billed according to the hourly rates as presented in the Fee Proposal tables. Project costs are incurred as professional time costs associated with the performance of project tasks. The proposed hours and associated professional time costs for MIG team members are provided in the tables, as well as the total subconsultant costs per task. DIRECT COSTS Direct costs or project expenses such as. photocopying (large -quantity), plotting and printing (b&w, color) are charged at cost, plus 10%. The cost of communications including long-distance telephone (excluding cell phones), facsimile, postage, courier and other delivery costs are charged at cost, plus 10%. The mileage charge for personal autos will be the currently applicable mileage rate established by the Internal Revenue Service. All other travel expenses such as accommodations, parking, tolls, etc. are charged at cost, plus 10%. OTHER COSTS Other costs include a Project Administration charge for subconsultants — 5% of their total fee. City of Diamond Bar I Comprehensive General Plan Update 5.1 Project Budget it Nrvg g' __6eM YAYPwvm 1_ ,S 0 �o a. 0 4 0 6 Ra o Ysa SX, N])� n11r1 IS-PtlunWx.saW6YLacvM] �6 v x6_- 6. A� N 0 R4A o m m yLm x 0-_ 0 Wi W 0 o W e a� 0 0 u a NG N n.'m W 9 W IIYPo ]wkux�YaeM VYrtmu � W la 10 .6SM � _ 'ISMn Iv Ti 6Y I[2� 1 N� , _ n Po!W+ l6 wvou xmrrolL.-. � x. 16a�.. 3� o II� � Rare T N A INl]a � FnNmmMY]�iiW _ 12 aA PA Pi 1�0 __ 31.IS _ IRAN R/AA f o a 6 W tlwn= !i"va mss offwiE�nsl n n 6 ]a n aN. a to o e f 6 n. nr Ro n iN:x� a�so iil i� n ® cai u .nea - .m R6m . i � s rwn f N6 INaae m nAo . 6. nn Nm - - "TA— e. wan 1St' mW �w nupn 1q no im?m f1f - 911]N wl [sswl aA lifi_m: - - -fu _ _� WNoiPSAEa 066mrosm- _ _ __ N6]ys I�eAm fRs}R __ue>Im KeN] cmusuivf2awvatia lea; _ I6sna f�mlmirui. nammnesa`szax nn�etdS-MaWaeammnge ex.ne+: n+�W.dr�A-+++S a-ncv+e my a+f 6x w[e..x av nn:ro9m+e':.an`F� enr�`o�.nwnau, 1 eenmren6m.a c..eai Ne.upm�..sa SECTION SIX Additional Information Redwood / Bird Isla Walking Shed Map 1 l \ r Caw- ' Foster :c City '-✓ '' 101 1 c P ��y gPw�Yryr v J.. ( et°0' Barr Island A %f1 ,o4 elmont �+� 1t C4 5 f: `•'_-' ��\,��,r \[�� Goth 1;40^ "•` AfrporP v� pa° • 101 s `e✓~ \0w � yy ""00/ ,_• `' \ San Carlos 6 . a ( bb 't Q`°¢ PO(t$ YID r_ Lam,. • l ° v' r><-_. ;%--. g r 1 ewood Rd 1f ' y r �° iy r t •' \\ 11 Dunt ark/ a !" t°a _ - '{'a %'r� aLN J `0 4��t 7 S fi res/>Solnf slO�9h Firm Qualifications MIG, INC. - PRIME CONSULTANT Number of Years in Operation: 34 years Location of Principal Office Responsible for Work: 537 South Raymond Avenue Pasadena, CA 91105 Distance from Diamond Bar: 20 miles Critical thinking. Strategic focus. Innovative solutions. For 34 years, MIG has engaged top professionals in planning, design, communications, management and technology who work together to ensure our clients achieve the results they seek. We look beyond convention to produce meaningful plans and durable solutions that meet our world's increasing social, economic and environmental challenges. A woman -owned business, MIG is a firm of approximately 230 professionals who provide a sophisticated, integrated and interactive approach to create nuanced, layered, dynamic and implementable plans. MIG is a multidisciplinary firm that offers a full range of services, including General Plan preparation, policy planning and development, zoning, site planning, streetscape design, conceptual design and transit - oriented development planning. Our work is characterized by a dedication to quality, a flexible approach, creativity in planning and design and a commitment to completing projects on time and within budget. We have worked extensively with public agencies and municipalities locally and nationally on design and planning for future change. MIG's unique combination of planning and design expertise allows us to conduct planning in a highly interactive process involving key constituent groups. This process generates a clear and collective vision of development and growth in a dynamic, yet stable environment. Through MIG's participatory planning process, client goals and stakeholder interests work together to frame key issues. Plans created through this approach enjoy broad-based support and are readily implemented. Areas of Expertise • General Plan Update Process Strategy, Policy Development and Legal Adequacy • Zoning and Development Codes, Specific Plans and Design Guidelines • Sustainability and Healthy Community Planning • Visioning and Community-based Planning • Community Outreach and Involvement • Facilitation and Consensus Building • Urban Design and Streetscapes • Mapping and GIS Analysis • Stakeholder and Issues Identification • Strategic Planning • Environmental Planning and Analysis • Strategic Communications and Graphic Design I • Landscape Architecture, Natural Areas and Greenways • Development Entitlement Services • Contract Staffing Services Community -Based Planning: General Plans, Zoning and Development Codes At MIG, every project is viewed as a new opportunity to apply our expertise and to collaborate on new approaches and techniques that advance the sustainability, livability and economic vibrancy of a community. MIG's experience in creating integrated, forward -thinking and implementable plans and codes has resulted in noticeable, positive change for our client communities. We utilize the latest and most effective public outreach and engagement tools to build community support for the process and develop meaningful input and analysis, including informational graphics, web -based documentation and social media. We also have extensive experience developing effective implementation strategies, including benchmark metrics and form -based codes. City of Diamond Bar I Comprehensive General Plan Update 6.1 Community Character: Urban Design, Placemaking, Downtowns, Streetscapes and Corridors MIG's urban design approach evolves out of an interaction with the place. Our designs tell a story that is unique and specific to the site's context. MIG utilizes the idea of placemaking, which is more than an assemblage of buildings, plantings and public spaces. Placemaking is intentional and encourages both social interaction and community identity to create meaningful spaces. It develops places where individuals feel like an integral participant in their surroundings. We are nationally renowned experts in downtown and corridor planning, design and implementation, having worked on dozens of projects across the country over the last several years. We assist private clients and public agencies in developing projects that enhance community livability, support revitalization and connect people with places. Our approach is grounded in a thorough understanding of local issues regarding planning and design—as well as the social, economic and cultural context of the project area—to create successful plans for re -energizing city centers of all sizes. Streets and corridors should be dynamic temporal urban spaces, designed and managed to respond to the changing needs of the community. We design and program streetscapes to address different times of the day and year, including weekdays, weeknights and weekends; to support existing business, attract new investment and increase city revenues; be practical and maintainable, be it structures, hardscape or plant materials; and allowfor small and large events that. build on the neighborhood's history and culture. 6.2 City of Diamond Bar I Comprehensive General Plan Update Complete Streets Livable and prosperous cities in the 21st century must support a range of transportation modes—including autos, trucks, pedestrians, bicycles and public transportation—and seamlessly integrate them into the surrounding urban and suburban environments. MIG's Complete Streets projects incorporate a balanced, context -sensitive approach, understanding that different circumstances require different solutions. We design places and streets that are inclusive and accessible for all, fostering social equity as well as environmental sustainability. Our multidisciplinary approach goes well beyond simply providing plans, specifications and estimates, but includes an appreciation for how the project fits within the functionality of the mobility network. This understanding allows us to provide reasonable and practical design solutions that will not detract from the functionality of the roadway and transportation network. Community Outreach and Public Engagement MIG designs and implements multileveled, well-documented community engagement programs aimed at increasing public confidence in decision- making. MIG uses proven facilitation techniques and succinct, easily understood information to ensure that the community and stakeholders understand pertinent issues and that agencies receive meaningful community input. Our public engagement approach enables the community to contribute ideas, solutions and strategies for addressing issues, which results in supported and successful projects. MIG utilizes a wide variety of well proven public engagement techniques including individual stakeholder/ focus group check -ins, user surveys and community workshops to ensure that the plan builds on the people's needs. Our interactive community workshops use illustrative graphic recording, interactive break out group exercises, comment cards and notation to meaningfully engage the community. As with other projects, MIG documents input and methodically analyzes results to ensure a responsive and complete process. We provide high-quality written and graphic materials to document planning and design processes, create multimedia outreach and informational materials and develop training and implementation tools. We produce attractive, easy -to -understand and use materials to help communicate complex concepts and issues to a wide range of audiences. Our media and communications work crosses all media: print, internet, video and multimedia and includes brochures, news releases, display boards, PowerPoint presentations, streaming video and audio, interactive CDs, clickable PDF files, HTML newsletters and sophisticated flash products. We work interactively with clients to create web environments that engage, inform and stimulate the visitor as well as reflect our client's goals in a creative way. We have extensive experience in all aspects of web design including: site architecture; navigation design; user profiling; low-income, low -education and disabled accessibility; and interactive design and web animation. Language Capabilities MIG has in-house verbal and written capability in Spanish, Cantonese, Mandarin, Arabic, Hindi and Bengali. We also have verbal capability in French, German, Japanese, Korean, Punjabi and Russian. In addition, we have access to translation services for numerous other languages including Filipino, Tagalog, Armenian and Vietnamese. Graphic/Visual Simulation Our mission is to empower people to make informed decisions abouttheir communities by providing accurate and easy to comprehend graphics. We use 3D simulations, models and renderings to tell a story, knitting together pixels and polygons built from real world data. These graphics assist the planning and design process, allowing us to explore, design and envision a community along side its stakeholders and decision makers. Richmond General Plan Update Conceptual Streetscape Design, Before and After Visualization City of Diamond Bar I Comprehensive General Plan Update 6.3 r rfil 1 17' .1 G' 10' - 10'- 10' 17' t ! ` r R%Y. Golden Downtown Streetscape, Golden, Colorado On the web We invite you to click on the links below to see MIG's 3D visualization capabilities. 3D VISUALIZATION PRESENTATIONS Laguna Beach Downtown Specific Plan https://www.youtube.com/watch?v=qxOk2b73DFO Carson City Downtown Vision • https://www.youtube.com/watch?v=JBSaElyQT51 Other examples http://www.vizhen3d.com 6.4 City of Diamond Bar I Comprehensive General Plan Update 1600 Pearl Street, Boulder, Colorado Our approach to visualization uses a combination of commercial software (ArcGIS, 3D Studio Max, AutoCAD, SketchUp) along with our own proprietary Real -Time 3D software Vizhen to achieve real-time visualization. We have created our own software because there simply is nothing available that is as powerful, cost-effective and flexible enough to meet the need of the wide array of projects that we work on. We have unlimited creative power to customize tools that analyze a wide range of design and planning variables ranging from maximum build -out potential to emergency service access. As we do the programming, changes are immediate, creative and customizable. Environmental Documentation MIG's environmental team is comprised of highly experienced planners with expertise in the preparation and management of environmental impact assessments pursuant to CEQA and NEPA. We have a proven record of quickly becoming familiar with, and adhering to, local jurisdictional requirements. We ensure that all environmental documents are prepared to meet legal requirements and withstand public scrutiny. MIG staff have managed and prepared all types of CEQA environmental documents, from simple Initial Studies and Addendums to complex, multiphase Environmental Impact Reports. From initial work scoping through final approvals, we develop defensible and cost effective solutions to guide projects more quickly through the increasingly complex environmental planning process. Our staff has experience in environmental analysis of many forms of development and infrastructure plans and projects in urban, suburban, rural, greenfield, brownfield and infill settings. TEAMING PARTNERS Fehr & Peers - Mobility Planning and Traffic Impact Analysis Number of Years in Operation: 31 years Location of Principal Office Responsible for Work. 8141 E. Kaiser Boulevard, Suite 110, Anaheim, CA 92808 Distance from Diamond Bar: 19 miles Fehr & Peers specializes in providing transportation planning and traffic engineering services to public and private sector clients. The firm emphasizes the development of creative, cost-effective and results - oriented solutions to planning and design problems associated with all modes of transportation. Specialized expertise includes: • Travel Demand Forecasting • Traffic Operations and Simulation • Intelligent Transportation Systems • Traffic Calming • Bicycle/Pedestrian Planning and Design • Transportation Systems Planning • Transit Operations and Simulation • Land Use/Transportation Planning • Smart Growth Planning • Transportation Impact Analysis • Traffic Engineering Design MEG] Fehr & Peers Southern California General City/Community Plan Area Plans C E o —�'> ooh d CO o f o > r� •,"-, T m e o Q of c a H E Agoura Hills • •.x�� • Avalon • • Beverly Hills • � • - Burbank • • • Carlsbad • • Coachella • • • El Segundo • Irwindale • Lompoc • • • Los Angeles` • • • Lynnwood • Malibu • Manhattan Beach • • Maywood • Monrovia • • National City • • Pasadena • • • Pomona • • • Redondo Beach • • San Clemente • • San Marcos • • Santa Barbara • • • Santa Clarita • Santa Monica • • Upland • • • West Hollywood • • Yucca Valley 1 • 1 67 • ' Includes Community Plan Areas for Boyle Heights, Canoga Park -Woodland Hills, Encino -Tarzana, Granada Hills, Hollywood, Mission Hills, Palms, Reseda -West Van Nuys, Sherman Oaks, Van Nuys, Venice, West Adams, West Los Angeles, Westchester, Westwood. City of Diamond Bar I Comprehensive General Plan Update 6.5 California •.x�� � B•Mr,I1N M,' City of Diamond Bar I Comprehensive General Plan Update 6.5 HR&A Advisors - Economic Development Number of Years in Operation: 40 years Location of Principal Office Responsible for Work: 700 S. Flower Street, Suite 2730, Los Angeles, CA 90017 Distance from Diamond Bar. 30 miles HR&A Advisors, Inc. (HR&A) is an industry-leading real estate, economic development and energy efficiency consulting firm. For 40 years, HR&A has built a distinguished track record of solving complex real estate and economic development challenges. Practice lines include local and regional economic analysis, economic development program formulation and analysis, fiscal impact analysis, population forecasting and demographic analysis, real estate analysis and advisory services, housing policy research and analysis, land use policy analysis, development impactfees, redevelopment planning, sustainability planning, "green" consulting, and transportation system and other capital facilities analysis and financing. HR&A has helped hundreds of public and private sector clients to transform real estate and economic development concepts first into actionable plans, and then into job -producing, community - strengthening assets. HR&A's forward looking market and implementation strategies have transformed many communities across the country to realize their full potential in a changing economic and demographic context. HR&A is currently assisting the City of West Covina to leverage their downtown area and compete regionally to attract employees, residents and shoppers; helping the City of Concord in selecting a master developer to redevelop the first phase of Concord Naval Weapons Station into a transformative new community; assisted the Fairplex in Pomona to evaluate their real estate assets in a manner that they generate additional revenue while enhancing the organization's core mission; played a key role in the transformation of the Downtown Cincinnati including the creation of a new implementing agency 3CDC to attract renewed private investment to Downtown; in St. Louis, helped Washington University to transform one of its adjoining neighborhoods on the DelMar Loop into a dining and entertainment destination; and helped the City of Grapevine in Texas with a development and disposition plan to create a mixed use destination on 185 acres of City owned property near DFW international airport. Additionally, HR&A partner Amitabh Barthakur worked with the City of Oceanside to evaluate a redevelopment strategy for the City's municipal Golf Course into a vibrant mixed use development. 6.6 City of Diamond Bar I Comprehensive General Plan Update RELEVANT EXPERIENCE The MIG Team's relevant experience preparing general plan updates and similar planning documents is provided on the following pages. References We invite you to contact the clients identified below regarding our key personnel's ability to provide planning services and engage diverse staff and communities in these efforts. AMY HARBIN, AICP City Planner City of Baldwin Park 626-813-5261 1 AHarbin@baldwinpark.com Baldwin Park General Plan, Zoning and Health and Sustainability Element LISA FLORES Planning Manager City of Arcadia 626-574-5400 1 fl oresOcLarcad ia.ca. us Arcadia General Plan and Zoning Ordinance MIKE STORY City Administrator City of Rialto 909-820-2689 1 mstoryOrialtoca.gov Rialto General Plan Update JILL EKAS Former City of Redwood City Planning Manager (650) 207-2825 1 jillekasplanning@gmail.com Redwood City General Plan, Housing Element and Inner Harbor Specific Plan and EIR Arcadia General Plan and EIR and Zoning Code ARCADIA, CALIFORNIA Arcadia is internationally recognized as home to the historic Santa Anita Park racetrack, and many people know the City as a community of homes with nationally ranked public schools. The City strives to maintain the qualities that distinguish the community while responding to the planned extension of light rail service to Arcadia's downtown, demographic shifts and emerging changes in the horse racing industry. The General Plan program focused on creating a vision for a transit -oriented downtown district, long-term alternative uses of racetrack properties and reinvention of the aging Live Oak Avenue commercial corridor to better serve surrounding neighborhoods. Due to our successful completion of the General Plan Update, MIG was selected to prepare the Zoning and Subdivision Code Update. This update is ongoing. Relevant Key Features • General Plan update for multicultural suburban community • Robust multilingual community outreach program • Provides strategies to rehabilitate underperforming corridors • Allows for more urban -scale uses and development patterns surrounding future transit station • Successful General Plan Update has led to ongoing Zoning and Subdivision Code Update City of Diamond Bar I Comprehensive General Plan Update 6.7 Claremont General Plan CLAREMONT. CALIFORNIA CLAREMONT GENERAL PLAN • The City of Claremont, with a population of 35,000, stands as one of the most unique communities in Los Angeles County. Founded in the late 1800s as a railroad stop, Claremont embraced early the concepts of forward -thinking, rational town planning. In 2004, the City selected a team led by MIG's Laura Stetson to continue the town's history of good planning through preparation of a comprehensive General Plan update, the first since 1981. To help Claremont residents craft a vision for the first decades of the 21st century, the team led a multi -layered public involvement program, including working with a 100+ member General Plan Committee with topic - oriented subcommittees. The Plan sets forth specific direction for creating mixed-use development within this built -out community, including the reinvention of Foothill Boulevard as a pedestrian -friendly corridor and the transit -oriented development around the future Gold Line light rail station. This was one of the first General Plans in California where sustainability was a core concept for all elements. Originally scheduled as an 18 -month program, the two-year program resulted from increased public engagement and workshops with City commissions. 6.8 City of Diamond Bar I Comprehensive General Plan Update Relevant Key Features • Defined neighborhoods forfirsttime in City's history, with unique goals for each • Managed an Advisory Committee of 104 members, with additional robust public engagement Unanimous support from a previously divided City Council Baldwin Park General Plan, Zoning and Health and Sustainability Element BALDWIN PARK, CALIFORNIA MIG staff (while with a previous company) prepared the 2020 Baldwin Park General Plan. The comprehensive update included a complete revision to the Land Use Element, which focused on 14 unique study areas aimed at long-term improvements. The Element included strategies to establish a pedestrian core for Downtown and introduced anew mixed-use district to complement the Metrolink station. Following the General Plan update, MIG staff completed an overhaul to the City's 1950s -era Zoning Code. We completely restructured the Zoning Code to improve its user friendliness, created two mixed -used zones to implement General Plan land use policies, modernized the parking regulations, crafted new regulations to address emergency and transitional housing (pursuant to State law) and established streamlined administrative review procedures. The program also included the creation of a new GIS -based zoning map and citywide rezoning effort to achieve General Plan consistency. MIG staff recently worked with the City to add a Health and Sustainability Element to the General Plan. The Element focuses on opportunities to address issues related to healthy living, creating an active built environment, improving air and water quality and conserving energy and natural resources. Relevant Key Features • Healthy communities and environmental sustainability strategies • Comprehensive bilingual community engagement program • Solutions tailored to address the issues of blight and commercial revitalization City of Diamond Bar I Comprehensive General Plan Update 6.9 Rancho Cucamonga General Plan RANCHO CUCAMONGA, CALIFORNIA In 2008, the City of Rancho Cucamonga set out to update its General Plan. The Plan is based on the community -driven Spirit of Rancho Cucamonga Guiding Principles, and incorporates goals and policies that celebrate health and environmental sustainability. An extensive public outreach program of more than 45 community "roadshow" workshops, close to 100 stakeholder interviews and hundreds of volunteers polling the community about its dreams and desires set the foundation for the Plan. This fully integrated and graphically loaded Plan allows for Rancho Cucamonga to continue to be a premier place in the Inland Empire to live and establish a business. Parallel with the General Plan program, our team led an "RC Green Team" effort to define initiatives Rancho Cucamonga wished to undertake to improve environmental stewardship and address the "earth" component of its Healthy RC: Mind Body Earth campaign. 6.10 City of Diamond Bar I Comprehensive General Plan Update A significant outcome from the program was a strong commitment to historic preservation. While local community groups had been the champions for increased awareness of the City's history and the few remaining buildings representing its citrus industry and winery roots, no public effort had been made to incorporate historic preservation considerations into planning. The General Plan program brought this consideration to the forefront and enlightened the broader community to the resources in Rancho Cucamonga and the contributions that heritage makes to a well-rounded city. Relevant Key Features • Highly graphic general plan update incorporating health and environmental sustainability • Robust community engagement plan • Increased community's awareness of and resulted in a strong commitment to historic preservation La Puente General Plan and Zoning Code Update LA PUENTE, CALIFORNIA cnaaaa lan.nov slv� !Warr Aaarial r�'�j' I AlIaw6RFence Height tla IM tilt• R ---- 7 rf i1i :ZaA fah iReald.Mbi Cpl -d8 -58L ReslDenlia ' Pmpeny . RmPe,ry S� MIG staff (while with a previous company) comprehensively updated the La Puente General Plan in 2006. The General Plan included Community Development, Circulation and Infrastructure, Community Resources and Community Safety Elements. New guiding principles were prepared for the General Plan that included providing community services to meet residents' needs, creating attractive neighborhoods, opportunities for businesses, creating a safety place to live and work, creating a balanced community that promotes housing options and identifying mobility options. Following a 2006 comprehensive General Plan update, the City hired the MIG -led consultant team to comprehensively update La Puente's 1950s -era Zoning Code, with the objectives of achieving General Plan consistency, modernizing all regulations, eliminating internal conflicts and restructuring the code to make it easier to use. The scope included overhauling all administrative review procedures and creating new water - saving landscaping and irrigation regulations to comply with AB 1881. To implement General Plan policies regarding design quality, the team prepared site planning and architectural design standards that were incorporated into the Zoning Code. The team also worked closely with City staff to create regulations for additions to residential structures that respond to difficult conditions on small lots in a built -out community. Relevant Key Features • New mixed use district for Downtown • Detailed set of design guidelines to require attractive new residential, commercial and industrial development projects • Providing strategies to develop additional community services and facilities City of Diamond Bar I Comprehensive General Plan Update 6.11 Rosemead General Plan and Garvey Avenue Corridor Specific Plan ROSEMEAD, CALIFORNIA r i o I l ,-,I] h „> N F 1, e, __ i d F,•k i � -- GARVEY AVE 1>� d wIM l p r=d g er.b 0.aJ n 1 I ` n co nl devlopl P13hI _ i proposed streetscape alternative MIG staff (while with a previous company) led the consultant team that prepared the Rosemead General Plan Update. The update focused on the City's economic revitalization and its transition from an auto -oriented suburban community to one that embraces pedestrian - oriented, mixed-use corridors. Due in part to MIG staff's strong work on the City of Rosemead's General Plan, MIG was selected to prepare a specific plan for Garvey Avenue, a four -lane commercial corridor traversing Rosemead. Garvey Avenue is characterized by high-speed, cut -through traffic; underutilized buildings and vacant parcels; high concentration of auto -related uses; poorly marked and badly designed pedestrian crossings; and lack of open space. One key aspect of this project is identifying land use and urban design solutions to economically revitalize the corridor. The MIG Team examined innovative solutions to transform the corridor into a lively and energetic subregional destination -entertainment, retail, office, mixed use and open space. The corridor will be a landmark Complete Streetthat includes fully separated pedestrian, bicycle, parking and travel lanes. 6.12 City of Diamond Bar I Comprehensive General Plan Update existing conditions andproposed visualization The end result is a concise, focused specific plan that clearly defines step-by-step implementation programs for both the public and private sectors. Implementation includes streetscape enhancements, economic development initiatives and design guidelines that spur positive change. This specific plan will help transform Garvey Avenue into a vibrant multicultural center. Relevant Key Features • Specific Plan awarded to MIG due in partfrom the successful and strong work by MIG staff on the General Plan Update • Design sensitivity and inclusive planning processes for diverse ethnic and lower-income community • Multilingual community engagement in English, Chinese and Spanish • Concise, focused specific plan with step-by-step implementation programs for both public and private sectors • Large vacant parcels, multiple opportunities for mixed use development, significant development interest addressed • Planning and design for landmark Complete Street • Close project management with City staff and decisionmakers 4%1 Rialto's vision for the future, as expressed in both English and Spanish in the General Plan's guiding principles, emphasizes a family first community that attracts quality development, improves the physical environment, creates a diverse economy and becomes a more active community through physical activity and public participation. Rialto, with a 2010 population of 99,000, includes a balanced mix of residential, commercial and industrial uses. General Plan land use policy could allowthe City to grow to a population of over 125,000, with growth focused within the new planned community along Lytle Creek, the Foothill Boulevard corridor and in Downtown Rialto. The General Plan was crafted to address challenges the City has struggled with over the years. New goals and policies provide City staff and leaders with directives to pursue projects and programs that focus on advancing community design, preserving a small-town character, protecting residential neighborhoods, increasing park areas and protecting groundwater resources. Rialto General Plan RIALTO, CALIFORNIA 4-4 The General Plan is designed to be a user-friendly document with streamlined elements, an emphasis on action statements and extensive use of graphics, maps and photos. Relevant Key Features • Bilingual guiding principles and outreach events • Goals and policies focus on: - Advancing community design - Preserving small-town character - Protecting residential neighborhoods Increasing park areas - Protecting groundwater resources • User-friendly, highly graphic format City of Diamond Bar I Comprehensive General Plan Update 6.13 Brea Vision Plan and General Plan BREA, CALIFORNIA MIG was an integral partner of the award-winning Brea General Plan update team, directing all community outreach and engagement activities. Principal Laura Stetson and Project Manager Jose Rodriguez, while with another firm and now with MIG, managed the General Plan program. The community outreach program included several innovative and engaging public workshops focused on establishing a new vision and policies for the City's northwest and southwest neighborhoods, Brea Boulevard, the greater Civic Center area and linkages to Downtown, Carbon Canyon, Tonner Canyon and the Hartley Research Center area. The first workshop consisted of a virtual tour of Brea, with the community center great room set up to allow participants to "visit" these focus areas and discuss constraints and opportunities. Later in the program, once land use alternatives had been developed, the MIG team organized a mobile workshop. Participants could either ride a bus or drive themselves to stations located throughout the City and comment on proposed alternatives. 6.14 City of Diamond Bar I Comprehensive General Plan Update Through these hands-on events and other outreach activities, Brea residents and the business community were able to truly visualize change and provide insight and input into the General Plan policies that have shaped Brea since 2003. The extensive community engagement meant that policy makers were able to adopt forward-looking programs that had broad community support, and that the City has been able to fund and implement over the past decade. Relevant Key Features Defined neighborhoods for first time in City's history, with unique goals for each • Managed an Advisory Committee of 104 members, with additional robust public engagement Unanimous support from a previously divided City Council IMEG] Duarte Comprehensive Development Code DUARTE, CALIFORNIA The team of MIG and Jacobson & Wack worked with the City of Duarte to create a new Development Code, which combines the City's zoning and subdivision regulations in a unified code. Duarte's Code dated to the 1950s, and the regulations had become confusing, conflicting and out of step with modern development practices. Our effort resulted in a new Code that is well organized, amply illustrated and easy to use. A key feature is a chapter addressing Sustainable Design Practices. A significant effort was put into streamlining and standard- izing the City's administrative review procedures, with a focus on being business friendly. New provisions estab- lished in the Development Code include those addressing Minor Conditional Use Permits, Minor Variances, tiered Site Plan Review and Planned Development Permits. The program involved several community workshops, including workshops focused on hillside development regulations and signage. The team also conducted numerous study sessions with the Planning Commission and City Council throughout the program. Relevant Key Features • Detailed, new Development Code with sustainable design • Followed comprehensive General Plan update • Conducted study sessions and workshops to address concerns City of Diamond Bar I Comprehensive General Plan Update 6.15 Riverside General Plan and Zoning and Subdivision Ordinance Update RIVERSIDE, CALIFORNIA As the oldest city in Riverside County, Riverside has a rich, proud history. This community of 250,000 residents was founded as a citrus growing center in the late 1800s, and the City today displays the architecture of Riverside's early period and the styles of the 20th century through present times. Riverside has experienced constant, steady growth since its founding and has always sought to balance business growth with the explosive demand for housing. As the City entered the first decade of the 21st century, the decision was made to comprehensively address growth and community character through the City's key land use regulatory tools: the General Plan, the zoning ordinance, the subdivision ordinance and citywide Design Guidelines. The Hogle-Ireland management team (while with previous firms) with MIG led a team of specialists to craft a comprehensive vision for the community and prepare all of these documents, as well as a Program EIR. The program involved working with many community groups to affirm direction defined through a visioning process and economic strategy study. 6.16 City of Diamond Bar I Comprehensive General Plan Update In the Land Use and Urban Design Element, the Plan sets forth policies and design guidelines for each of Riverside's neighborhoods and business districts. The General Plan also includes unique elements such as Arts and Culture, Education, and Air Quality. Project Scope included a Comprehensive General Plan Update, Comprehensive zoning ordinance update, update to the subdivision ordinance, update to citywide Design Guidelines, community outreach and visioning, and Program EIR. Relevant Key Features • Comprehensive General Plan, Zoning Ordinance, Subdivision Ordinance, Citywide Design Guidelines Update and Associated Program EIR • Neighborhood preservation • Robust community outreach and visioning program including large GPAC Redwood City General Plan, Mixed -Use Zoning and EIR REDWOOD CITY, CALIFORNIA As a San Mateo County seat and one of the oldest communities on the San Francisco Bay peninsula, Redwood City has a wealth of historic civic architecture and diverse residential neighborhoods that reflect the City's history. Also, given its location in Silicon Valley, Redwood City is home to many knowledge-based and emerging technology industries. These assets combine with the City's bay -front location to create a place of vibrancy, interest and opportunity. To ensure thatthese assets are preserved for future generations, MIG staff (while with Hogle-Ireland) worked with the community to comprehensively update the General Plan. The General Plan is built around the land use and urban design concepts of neighborhoods, corridors and districts. This approach has allowed the City to define very specific plans for EI Camino Real Corridor, the re-emerging and reinvigorated downtown and historic residential neighborhoods. The focus is on creating complete neighborhoods and balanced business districts that work toward healthy community and sustainability goals. Public engagement was critical to General Plan development, with an active citizenry participating in numerous affinity group workshops and meetings, as well as a well -attended community fair held in September 2008 and numerous workshops with the City's various commissions and advisory committees. The Mixed -Use Corridor zoning regulations are crafted to transform portions of the City's major roadway corridors into mixed-use, multi -modal environments with compact development patterns and graceful transitions to neighborhoods. Five sub -districts, each with unique development, design, and use regulations, were developed to implementthis vision. Convenient transit access, innovative housing options, sensitivity to lower - intensity adjacent uses, amenities, and pedestrian and street -oriented design were key considerations. Relevant Key Features • Complete Streets approach to transportation planning • Placetype approach to defining mixed-use commercial and residential neighborhoods • Emphasis on economic development and strategic preservation of industrial properties City of Diamond Bar I Comprehensive General Plan Update 6.17 Stevens Creek Corridor Master Plan CUPERTINO, CALIFORNIA DESIGN OPTION B h ... 'h ®wpm ._.,-_. ��■ -._ t SE Maki s IMP- .._ =E._.RAW —G- iii ■ ■= NP,:: EN1®_-- MIG is leading the development of the Master Plan for the Stevens Creek Corridor in Cupertino, California. The plan will provide a comprehensive vision forthe 81 -acre site, the largest open landscape in this highly urbanized Silicon Valley city. The site comprises four parks traditionally managed as four distinct sites: McClellan Ranch Preserve, Blackberry Farm Park, Blackberry Farm Golf Course, Stocklmeier Ranch. Stevens Creek and popular Stevens Creek Corridor Trail pass through the park. The four parks contain very unique facilities, each with its own constituency. McClellan Ranch Preserve is a historic farm property, now home to Audubon, a large community garden and the livestock of the Santa Clara Valley 4-H program, as well as an apiary and environmental education center. At the other end of the park is Stocklmeier Ranch, recently acquired and containing an orange grove dating back to the Valley's agricultural past. Between the two are an aging 9 -hole golf course, a popular picnic grounds and one of Cupertino's two swimming pools. MIG's four -phased approach to developing an overarching vision and master plan incorporates an environmental review and compliance document. Two phases have been completed: Phase 1: Opportunities and Constraints and Phase 2: Needs Assessment and Alternatives Development. Three alternative scenarios for the corridor were evaluated, and on is moving forward based on City Council feedback. - 6.18 City of Diamond Bar I Comprehensive General Plan Update After the preferred alternative is refined sufficiently to meet CEQA requirements, a Mitigated Negative Declartion will be prepared that will allow for Master Plan adoption. Additionally, MIG biologists are evaluating the condition of existing biological resources and identified areas along Stevens Creek for habitat restoration. MIG undertook extensive outreach and enagementthat included the development of a project logo and branding; the Mapita application to obtain place -specific input from the community about where they go in the park, how they get there and what their perceptions of the park are; in-person public workshop with an online version; and intercept events during the summer. Relevant Key Features • Parks, Open Space and Trails Master Plan for a large suburban open landscape • Preservation of historic farm and ranch properties included in the Plan • Aging golf course addressed in proposed alternatives • Natural resources and habitat restoration assessment • Robust community and stakeholder engagement M G Luscher Farm Master Plan LAKE OSWEGO, OREGON Built around the turn of the century, the Luscher Farm is the most intact historic farm in Clackamas County. In September 1990, Luscher Farm was identified as a specialized park acquisition site by Lake Oswego Parks and Recreation Department. The City purchased the nearly 48 -acre site and the Luscher Farm Opportunities and Constraints Study in December of 1994 designated the 23 -acre farm site as a County Historic Preserve. The Study indidcated that the remaining mix of the property be considered for a mix of active and passive recreation and natural resource uses such as: sports fields, hiking trails, picnicking and astronomy viewing areas. MIG was hired. by Lake Oswego Parks and Recreation Department to create a Master Plan for Luscher Farm intended to preserve the historic portions of the farm while developing the site as a public park with opportu- nities for recreation and education. MIG has worked with the Parks and Recreation Department, local community residents and the Natural Resources Advisory Board to design a plan that maintains the areas farms and gardens, which act as a sanctuary and refuge to residents, while building on the current plan to add a balanced mix of: • Youth Sports Parks • Community Space • CSA (Community Supported Agriculture) Program • Increased Urban Farming areas from 12.5 acres to 15.5 acres • Increased Community Garden area from 1.5 acres to 2.5 acres The final Luscher Area Master Plan was approved in 2013. Relevant Key Features • Master Plan for mix of active and passive recreation and natural resource uses • Preservation of historic farm property included in the Plan City of Diamond Bar I Comprehensive General Plan Update 6.19 Anaheim Coves ANAHEIM, CALIFORNIA Anaheim Coves, formerly Burris Basin, was a commercial source for sand and gravel before the Orange County Water District (OCWD) bought and transformed the quarry pit into a groundwater recharge basin. Located adjacent to the Santa Ana River between Lincoln Avenue and Ball Road, it has been a very successful recharging facility and an important part of OCWD's water management system for decades. Through the years it has also become a habitat for migrating waterfowl that seek refuge and feed on the fish that live in the basin. The City of Anaheim, with input from the neighboring community and support from State funding, saw this as an opportunity to provide a natural passive recreation experience as a developed interpretive trail along the banks of the reservoir basin. MIG developed a master plan and construction documents to create a universally accessible trail with viewing decks, interpretive signage and native plantings. From a safe distance, visitors are able to enjoy the wildlife and 14 acres of open space around the basin. The trail provides access to the west edge of the basin and connects into the regional bike and hiking trail that runs along the Santa Ana River to the ocean at Huntington Beach. This project is a recent recipient of a Quality of Life Award from the Southern California Chapter of the American Society of Landscape Architects. The City recently awarded MIG the contract to provide services from design through construction for Anaheim Coves Phase II, the northern extension of this project. Relevant Key Features • Multiuse trails design • Robust community outreach and visioning program including large GPAC • Associated Program EIR 6.20 City of Diamond Bar I Comprehensive General Plan Update �r IT.4W l 4 I� uih'7i i�oy� � r '"'. l6� ����n���,ee•xgr. 1. i M ® G 1 it I. 1 i -II� III IL (� VIII I 1 West Capitol Avenue Streetscape / Urban Design Master Plan WEST SACRAMENTO, CALIFORNIA West Capitol Avenue is a major east -west, 3.5 -mile long arterial and commercial spine running through West Sacramento. The Urban Design and Streetscape Master Plan focused on creating a Complete Street to serve as the heart of the community. MIG's urban planners and designers led a team of architects, planners, traffic and engineers, environmental planners and economic analysts on the project. The team developed a new vision, implementation plan and construction drawings that set the stage for long-awaited redevelopment along the corridor. As part of the Streetscape and Urban Design Master Plan, MIG created a unique street identity to foster a sense of place and support economic development the Avenue. This involved redesign of the public-private interface, signage and wayfinding, traffic and circulation, infra- structure, financing strategies and overall streetscape standards. Sustainable infrastructure plans were developed to assure underground utilities like sewer, water and storm drainage are adequate for new development. 6.22 City of Diamond Bar I Comprehensive General Plan Update The extensive community participation program included a series of stakeholder interviews and community workshops. It entailed intensive working sessions with City Council, Planning Commission and various departments of the City of West Sacramento to implement the plan recommendations. Since Phase One improvements, the city has seen investment by a hotelier, bank and small businesses and the street has welcomed a college, community center, an updated library and remodeled transit centers. RELEVANT KEY FEATURES • Vision, implementation plan and construction drawings for Complete Street • Unique street identity • Use of low water/low maintenance landscape • LID improvements, stormwater planters, bioswales, pervious paving and context sensitive planting palette WEST CAPITOL AVENUE STREETSCAPE / URBAN DESIGN MASTER PLAN, CONTINUED rq�Wl OXN L� FMON 1 yy wa �i�tl0.4 ri,. --` siw n�e n.o-, 4��_4u'que City of Diamond Bar I Comprehensive General Plan Update 6.23 FEHRtPEERS City of Pasadena Transportation Performance Metrics and General Plan Mobility Element EIR PASADENA, CALIFORNIA Fehr & Peers assisted the City of Pasadena with the development of mobility performance measures and metrics for use in the General Plan Environmental Impact Review (EIR) and Revised Traffic Study Guidelines. Pasadena faced the challenge of having broad community support for improving active modes of transportation with few metrics available for measuring progress. In addition, initial efforts to incorporate Multimodal Level of Service revealed lower than expected sensitivity to desired policy variables. In response, Fehr & Peers helped staff review emerging best practices in General Plans and documented new mobility performance measures available in the context of CEQA. Emerging best practices accounted for recent legislation including AB 32 (GHG reductions), SB 375, AB 2245, SB 226, and AB 1358 (Complete Streets). Fehr & Peers conducted staff workshops and synthesized the relevant information in an Applicability Matrix linking Pasadena's performance measures, tools, and policies, to emerging best practices and Pasadena's mobility policy goals and objectives. Directly supporting city staff, Fehr & Peers helped develop methods to apply appropriate performance measures and policy -based thresholds in the General Plan EIR process, which resulted in an updated set of Traffic Impact Study guidelines. This project won APA Los Angeles' Transportation Planning Award of Excellence and went on to win the statewide award in 2015. Later, as part of a team, Fehr & Peers prepared an analysis that documents the transportation impacts attributable to the proposed plan. Impacts of the proposed plan on the City's Transportation System were evaluated in accordance with the new Transportation Performance Measures and Thresholds of Significance identified in collaboration with Pasadena DOT. The regional transportation system was evaluated in accordance with the Transportation Impact Analysis requirements of the 2010 Congestion Management Program for Los Angeles County (CMP). This included analysis of potential impacts on CMP arterial monitoring intersections and freeway monitoring segments, as well as the public transportation system. 6.24 City of Diamond Bar I Comprehensive General Plan Update The overall General Plan Transportation Analysis incorporated the performance measures identified in collaboration with Pasadena DOT. The Mode Shift Analysis Tool (MSAT) developed for the Citywide Travel Demand Model was used to conduct a TDM policy -based analysis. The travel demand management strategies incorporated as part of the preferred land use plan were analyzed for their effectiveness in reducing vehicle trips; the MSAT tool was used for this analysis. City of Burbank Travel Demand Model and General Plan Transportation Analysis Support BURBANK, CALIFORNIA Fehr & Peers recently developed a travel forecasting model for the City of Burbank that is being used as a tool in the evaluation of land use scenarios and transportation system alternatives. The model provides the ability to evaluate transportation system network changes; to assess various performance indicators for land use and transportation alternatives; to provide information regarding regional pass-through versus locally -generated traffic on City streets; and to produce various graphical displays of results. The travel forecasts have been used to estimate the effectiveness of the land use scenarios on the transportation system. In addition, the model includes various special generators, such as the Bob Hope Airport and large entertainment studios. A detailed analysis of special generators was conducted to help the City assess current and future traffic conditions. The model was made more sensitive for traffic impact analysis purposes. The model produces vehicle trips based on a comprehensive land use database the City of Burbank maintains; the SCAG regional travel demand model is used to model areas outside the City of Burbank. The model was developed to produce AM and PM peak hour, and daily travel forecasts. The model can provide measures such as VMT, vehicle hours traveled (VHT), and other performance measures for any alternative modeled. The model was built in the latest version of the TransCAD software, and underwent a robust static and dynamic validation of the base year conditions. Fehr & Peers ensured the model exceeded all fundamental validation tests required by Caltrans and FHWA. Key features of the TDF model include: • Fine-grained traffic analysis zone (TAZ) geography nested in the SCAG TDF model TAZs • Detailed roadway network including arterial, collector and local roadways • Non-residential land uses based on building area in the City and socioeconomic inputs for the area outside of the City consistent with SCAG TDF model inputs • Daily, AM peak hour, Mid-day, PM peak hour, and Night off-peak assignments • Customized vehicle assignment to capture special inter- section turn prohibitions and parking restrictions, like peak period parking lane closures, to better model the effect of travel demand management strategies on vehicle flow • Calibration of roadway capacities • The model was refined to the account for how travel behavior is affected by the 4Ds of the built environment, namely residential and employment density, diversity of land uses, walkable design, and proximity to regional destinations, which are necessary for evaluating the change in vehicle trips and vehicle miles of travel associated with infill and smart growth developments While this model was built to forecast various land use scenarios for the General Plan Update, it was developed in such a way that it can be transferred to the City at the completion of this process for use on local development review. Fehr & Peers will train city staff to use the model for development review process, which will provide an ongoing return from their investment in this tool. Supplementing the model development and forecasting work, Fehr & Peers is currently assisting the City with preparation of a Transportation Analysis Report to be incorporated in the Draft General Plan Environmental documentation. Fehr & Peers is providing technical support in the formulation of horizon -year alternatives. In addition, Fehr & Peers is contributing to discussions that formulate the proper integration of General Plan policies into the Transportation Analysis, and is assisting the City in analyzing their Mobility Element policies, and in formulating their appropriate implementation. FEHRtPEERS Fehr & Peers is working with the City and FIR consultant to align the transportation analysis conclusions, including potential transportation mitigations, to the goals, policies, and objectives that the Mobility Element identified. In concert with the City and its General Plan team, Fehr & Peers is assisting in the development of transportation actions that will help meet the City's transportation goals. City of Diamond Bar Transportation Performance Evaluation DIAMOND BAR, CALIFORNIA Under its On -Call Traffic Engineering contract with the City of Diamond Bar, Fehr & Peers is working with City staff to develop a Report Card summarizing changes in transportation performance metrics for roadway system between 2007 and 2013 in 2 -year increments to match the CMP years and also minimize changes due to land use development, recession, and other external factors. The information used for the report card is obtained from big data applications for all the analysis years. The metrics for the Report Card will be reported at a citywide scale and include: Travel time Savings- Comparison of average congested travel time for each segment aggregated to a single citywide value; Travel Speed Improvements- Comparison of average congested speed for each segment aggregated to a single citywide value; Delay Savings- Comparison of the difference between congested travel time and free-flow travel time for each segment aggregated to a single citywide value, GHG Emission Savings - Comparison of the greenhouse gas for each segment aggregated to a single citywide value using the California Air Resources Board values for speed ranges based on LA County fleet, Fuel Consumption Savings: Comparison of the fuel consumption for each segment aggregated to a single citywide value using the California Air Resources Board values for speed ranges based on LA County fleet; and Benefits/Investment Analysis. - City of Diamond Bar I Comprehensive General Plan Update 6.25 City of West Covina General Plan Update Economic Development Strategy WEST COVINA, CALIFORNIA For the City of West Covina, as part of a multi -disciplinary team, HR&A prepared an Economic Development Strategy for the City's General Plan update with a focus on the Central Business District (CBD) area of the City. The CBD has been and will continue to be a commercial hub for the City, long dominated by a super -regional mall and associated parking and represents a significant opportunity for revitalization. HR&A conducted a market feasibility analysis focusing on the CBD to evaluate the potential for commercial office, retail, residential and hotel uses to help the City create a walkable, mixed-use downtown. HR&A identified a series of strategies to revitalize underperforming retail and incorporate office and residential uses into the CBD to create a 24-7 community. These strategies, including attracting anchors such as pedestrian -scale eating and dining clusters and medical office reflect HR&A's analysis of local and regional trends and demographic shifts. HR&A quantified the demand for these and other real estate uses, including residential, office and retail space. HR&A presented the results of these findings to the community and participated in a series of community workshops to refine General Plan objectives. Building on HR&A's market analysis, HR&A identified key opportunities and obstacles to achieving community objectives, specifically including revitalization within West Covina's CBD. These opportunities and obstacles informed an economic development strategy, which included short, medium and long-term strategies, each aligned to a series of overarching goals. Like many cities in the Los Angeles region, West Covina's fiscal strength is still recovering from the effects of the recession and termination of Redevelopment. To support a better understanding of West Covina's fiscal health, H&RA evaluated revenue and cost trends over a five-year period and developed a set of comparison metrics to benchmark the City's performance against similar and nearby cities. This analysis helped to identify key issues related to West Covina's fiscal performance vis a vis peer cities and specific areas of concern relative to the General Plan update. 6.26 City of Diamond Bar I Comprehensive General Plan Update A New, Post -Redevelopment Economic Development Services Delivery System LOS ANGELES, CALIFORNIA HR&A was engaged in late 2012 by the City of Los Angeles' City Administrative Officer (CAO; the City's chief budget official) and Chief Legislative Analyst (CLA) to analyze and recommend a new approach to citywide economic development following the State -mandated elimination of redevelopment throughout California, including the Community Redevelopment Agency of the City of Los Angeles, and the lingering effects of the Great Recession. As part of its analysis, HR&A prepared detailed case studies of eight U.S. cities with high -performing economic development agencies, providing insight into their distinct organizational structures as well as their unique financing tools. Completed under an usually demanding four-month schedule, HR&A's report recommends a new public- private structure for delivering economic development services in Los Angeles, including strategic planning for growth, real estate -related services, and business and industry -related services, utilizing an empowered Deputy Mayor for economic development, a new economic department and an affiliated, but separate private non-profit economic development implementation entity.. The recommendations presented in the report are based on the HR&A project team's interviews with more than 80 key stakeholders involved in economic development throughout Los Angeles, including General Managers of City departments, business leaders, nonprofits, developers, and community-based organizations; an online survey sent to an additional 130 local stakeholders; detailed analysis of department and agency budget documents, supplemented by additional interviews with department and agency management; review of ongoing work by local universities and non -profits; and the eight case studies. In February 2013, the Los Angeles Mayor and City Council unanimously endorsed the recommendations in HR&A's report, and immediately implemented one recommendation, formation and funding of a new Economic and Workforce Development Department. Once operational, this proposed structure would provide the organizational platform required for the City to create new jobs, attract new business and industries, remain competitive on the global stage in the 21st Century, and increase General Fund revenues. ARRIVE Corridor Market and Implementation Strategy SAN BERNARDINO COUNTY, CALIFORNIA As part of a multi -disciplinary team led by Gruen Associates, HR&A was retained by the San Bernardino Association of Governments (SANBAG) to assist in formulating the land use vision and implementation strategy for TOD along the San Bernardino Metrolink line. The study area encompassed station areas located in the cities of San Bernardino, Rialto, Fontana, Rancho Cucamonga, Upland, and Montclair. The project, referred to as the Advanced Regional Rail Integrated Vision- East (ARRIVE) Corridor will serve as a transferable strategy transitioning a traditional commuter rail corridor to a more integrated TOD/regional rail corridor. HR&A conducted an in-depth market analysis to define a project vision at the Corridor level as well as for each of the Station areas, identifying existing barriers to development, detailing local real estate performance, and providing demand analyses for commercial and residential land uses based on current transit and policy conditions. In addition to baseline research, HR&A had a series of meetings with community and economic development leaders in each city to evaluate each station area's market and development opportunities. Next, HR&A developed a range of near term and long term implementation recommendations to focus an appropriate mix and intensity of development along the corridor. These recommendations sought to improve mobility, better link people with employment, commercial, and residential centers, and create well-designed walkable neighborhoods with a mix of services. HR&A, ultimately, recommended the creation of a Multi -Jurisdictional Marketing Board as an effective tool to promote development opportunities along the line and met with the six municipalities' city managers to garner support for the marketing board. The project, which is still ongoing, is funded by SCAG and will incorporate the principles and ideas advocated by SCAG's Sustainable Community Strategy (SCS) to implementation. SANBAG is working to implement the Multi -Jurisdictional Marketing Board following HR&A's recommendation. City of Chula Vista Economic, Fiscal and Real Estate Advisory Services CHULA VISTA, CALIFORNIA The City of Chula Vista, located within 5 miles of the border with Mexico, retained Amitabh Barthakur, then with ERA, to conduct several economic studies to assist their economic development efforts. Mr. Barthakur prepared a: (1) Commercial revitalization and business recruitment strategy for Third Avenue, the City's traditional "Main Street," and evaluated the feasibility of a cultural - educational center as an anchor; (2) Citywide retail lands analysis, reviewed several commercial development proposals, and assisted the City in evaluating proposals for a new town center and (3) Market feasibility analysis regarding regional shopping center potential to assist the City in its consideration of two regional center proposals. This analysis included an in-depth evaluation of the Mexican market as a source of consumers and trade. As a result the City of Chula Vista is aggressively pursuing a land use program that includes a University or major educational institution in the Otay Ranch area. Part of this effort includes a land acquisition strategy using multiple mechanisms, one of which is to enter into a number of 'land swap' arrangements with private landowners in the area in exchange for potentially higher value entitlements. The City subsequently retained Amitabh Barthakur, then with ERA, to provide a preliminary analysis of the economic value of these entitlement allocations to the private landowners, so that the City can bring to the table an optimal deal that is realistic and beneficial to all parties. Mr. Barthakur extensively analyzed land transactions in the region and developed an 'entitlement value matrix' to assist the City in their negotiations with various land owners in the area. City of Diamond Bar I Comprehensive General Plan Update 6.27 lJlA 11 ,%,- A. Also for the City, HR&A Partner Amitabh Barthakur was retained to assess the fiscal impacts of its current General Plan, as well as alternative plans as a part of the City's General Plan Update. He developed a detailed modeling methodology that took into account marginal cost of providing services by land use and geography. He also conducted risk analysis of the General Plan alternatives using proprietary software. As part of the overall contract to assist in fiscal issues related to General Plan Alternatives, Mr. Barthakur also prepared a public facilities financing assessment for the western portion of the City in view of proposed intensification of land uses relative to public facility needs including transportation, open space, and other vital infrastructure. The City's General Plan and all of its elements were adopted in December 2005. Building on the work carried out by HR&A Partner Amitabh Barthakur in preparing a fiscal analysis for the City's General Plan alternatives, he was subsequently retained, while at ERA, by the City to prepare a more detailed fiscal impact model that can be used to evaluate smaller Sectional Planning Area (SPA) plans that are typically master planned developments by a single developer. This model serves as a common template to developers and City staff in analyzing the impacts of proposed SPA plans. Reuse Strategies for the Center City Golf Course OCEANSIDE, CALIFORNIA The City of Oceanside owns the approximately 75 -acre Center City Golf Course (CCGC) located east of 1-5 and north of Oceanside Boulevard. The CCGC is an 18 -hole quasi -executive course currently leased to an independent operator. As the current CCGC lease was due to expire in 2012, the City of Oceanside was considering alternative uses for the CCGC site. The City of Oceanside retained Mr. Barthakur, then with ERA, to evaluate and recommend an economically viable alternative use, or mix of uses at the CCGC site. In addition, Mr. Barthakur was tasked to evaluate alternative use(s) from the perspective of monetary or non -monetary public benefits thatjustifies the change from the current public recreation use and recommend implementation strategies and level of City participation required for suggested alternative uses. 6.28 City of Diamond Bar i Comprehensive General Plan Update Los Angeles County Fair Association Redevelopment POMONA, CALIFORNIA HR&A was engaged by Los Angeles County Fair Association (LACFA) to update a previous HR&A analysis related to the redevelopment of the Fairplex, home of the Los Angeles County Fair. The Fairplex property is a 543 -acre property leased to the LACFA by the County of Los Angeles, located about 30 miles outside of Los Angeles, in Pomona, CA. HR&A previously provided market analysis, general economic analysis and fiscal analysis regarding the feasibility of conceptual land use alternatives of Fairplex. HR&A performed a more in-depth market analysis and is currently identifying more specific market-based recommendations for key redevelopment opportunity sites. HR&A will then conduct a financial analysis of the development program to estimate potential revenues to LACFA and will prepare a public benefit analysis by quantifying general economic and net fiscal impacts to local cities and the County of Los Angeles. Contractual Requirements In the RFP, the City asks that we identify any changes we would request be made to the City's standard contract language. With regard to Section 4. Payment, we would request the following: • Paragraph B, eliminate the requirement for reporting hours spent. We propose to bill on a percent complete by task basis and will include descriptions of the work performed per the requirements of Paragraph A. • Paragraph C, eliminate the withhold provision since we would be billing on a percent complete basis and the City would have the ability to question and adjust the percent complete. With regard to Section 9. Indemnification, we would ask to revise the language addressing consultant performance to achieve terms fair both to the City and the consultant in terms of assigning liability and the ability to determine appropriate legal counsel. SECTION SEVEN Appendix - Optional Development Code Update Optional Scope of Work: Development Code Update The Diamond Bar Development Code was comprehensively updated in 1998, with several amendments completed since then. As indicated in the RFP, staff indicates a need for the Code to be updated not necessarily to modify existing development standards or review processes, but to reword some of the standards to make the requirements clear, organize the Code to allow for a user -friendlier document, and to implement any new policies that are adopted as part of the General Plan update. The RFP requests that the proposal include a discussion of our experience in crafting form -based codes and professional opinion of the appropriateness of a form -based approach for Diamond Bar. MIG key staff members have significant experience with a variety of development codes, zoning ordinances and specific plans using form -based and other organizational principles. While the City has indicated that it may wish to consider a form -based coding approach, we recommend against It given the relatively built -out character of Diamond Bar (form -based codes work best in a greenfield environment), the complexities of implementing such a code (our experience has been that it has added complexity to the review processes) and the lack of design flexibility afforded. However, the City may wish to consider the adoption of design standards that can implement urban design policies within the Development Code. For certain specific opportunity areas, hybrid form -based code regulations can work well to address the desire to change and guide the character and use mix. The proposed scope presented here may be significantly revised, with a reduced budget to focus the effort as a simple clean up and implementation of the General Plan. A comprehensive effort involving incorporation of design standards into the Code (together with the updates to address the new General Plan) would cost approximately $160,0004220,000. This cost includes study sessions with the Planning Commission and community, and could involve an advisory committee of practicing professionals as well. A more streamlined update would cost $75,0004110,000. PHASE 8: OPTIONAL DEVELOPMENT CODE UPDATE TASK 1 - PROJECT MANAGEMENT AND STAFF MEETINGS This task provides project management time to keep the program on schedule and budget, as well as staff meetings throughout the course of the work program. Task 1.1: Scope Refinement and Initial Strategy Meeting We will meet with City staff to confirm objectives for the work program, finalize the public engagement tasks and define how the General Plan policy drivers will be reflected in the updated zoning regulations. We will also discuss problems and issues associated with present land use and development regulations (including regulatory topics that need attention but are notfully addressed in the current Development Code), and we will review and discuss Code format and organizational alternatives, should the City wish to make any changes to the current structure. As part of this meeting, we will review with staff the Municipal Code as a whole to identify other provisions that should be included in the Development Code, or that will at least need to be understood so that no conflicts occur with the updated Development Code provisions. We will produce a final work scope and budget to reflect these discussions. Task 1.2: Project Team Meetings and Phone Calls Throughout the course of the work program, we will meet with City staff to discuss policy options and preferred direction and to review draft work products. Our budget includes an allowance for staff meetings and phone calls we feel appropriate for accomplishing the work described in this proposal. If additional time is required beyond this allowance, we will bill for additional meeting time on a reimbursable basis with prior authorization from the City's project manager. Laura Stetson and Genevieve Sharrow will maintain weekly contact with the City's project manager to monitor and review project progress and results. City of Diamond Bar I Comprehensive General Plan Update. 7.1 Task 1.2: Project Management The purpose of this subtask is to ensure a consistent basis for project management, including contract administration, invoicing, progress reporting, scheduling and the timely delivery of products and services. TASK 2 - STAKEHOLDER INTERVIEWS The MIG Team will meet with specific interest groups to help define desired and necessary changes to the Development Code. We will conduct an intensive series of interviews with City Code Enforcement staff, Planning Commissioners, commercial property owners, developers, architects, homeowner groups, sign industry experts and others (to be identified in consultation with Planning staff) to understand their concerns with the current Development Code and to discuss revisions they would like considered. These interviews will consist of a series of scheduled one-on-one and group meetings with individuals and groups able to identify issues of public interest and concerns relative to current development regulations and review processes. During the interviews, the objectives of the Development Code Update as well as the work plan and schedule will be explained. Participants will be asked to share their specific concerns and provide suggestions on how to address them. Following completion of the interviews, we will prepare a summary report for City staff's review. The summary will identify themes revealed through the interviews. The names and associated comments will not be identified in the summary report TASK 3 - TECHNICAL ANALYSIS: ZONING ISSUES AND OPTIONS PAPER MIG will conduct a technical review of existing zoning regulations and identify revisions needed to implement new requirements of State and federal law and to implement updated General Plan policy. We will ask staff to prepare a list of technical zoning issues and a summary of the types of variances granted and standard conditions imposed on various types of projects for the past two to three years, based on a sample of applications reflecting conditions in the City. If certain types of variances are routinely granted, it may be appropriate to rewrite the applicable standard or zoning requirement to avoid reliance on this procedure. We will also ask staff to assemble a history of interpretations of existing ambiguous Development Code sections as well as representative set of project plans for residential and commercial development for use in reviewing how specific standards and design guidelines are applied. 7.2 City of Diamond Bar I Comprehensive General Plan Update Based on technical review of the City's zoning regulations, City staff comments and stakeholder interviews, MIG will prepare an Issues and Options paper that highlights direction for new zoning regulations, distills the key choices and presents the "big ideas' for a new framework for the Diamond Bar Development Code. The paper will describe portions of the existing Development Code that are inconsistent or require revision to improve consistency with the General Plan or recent project development/direction, as well as options for resolving any inconsistencies. Key issues to be included are the identified need to provide flexible yet clear zoning standards to encourage economic development, assess areas for potential zone change to allow high development intensities/densities, provide clear and comprehensive site design standards to ensure high-quality form, modifications to mixed-use zoning standards, streamline processes and address nonconforming issues, especially with regard to existing amortization regulations. TASK 4 - DEVELOPMENT CODE UPDATE The Draft Development Code will be prepared in individual divisions, sections and subsections, and provided to staff in individual divisions to allow for timely, focused feedback. The efforts will focus on: • Restructuring the Code for ease of use • Eliminating redundancies and inconsistencies • Extensive use of tables and illustrative graphics • Implementing General Plan land use and urban design policies • Incorporating State law provisions that are not currently reflected in the Ordinance Task 4.1: Annotated Outline Based on comments on the Issues and Options paper (Task 8.2), MIG will prepare an Annotated Outline of the Development Code with commentary. The outline will provide the recommended restructuring of the current ordinance, retaining, amending, or discarding sections as necessary and proposing new sections where needed to improve clarity and user-friendliness. The outline will lay out the basic structure of the revised Development Code and will be in sufficient detail to indicate what changes will need to be made to current regulations. Proosed Prolog Map iF YN 11x0.LE ��� ' r , a� CITY DF � � C ��S - �T IeKIHG TLE t .' _ _CttY6vtlary Rw ftw Favk RFt'PDIA Hy d,, - / �r I �` -� I P,oposM ZanlnB RaalpntlbnP NOwn'— �_ i P..SI0.rtm'e9rden IR61 aa� NgnoznaMy aealxmal laT i � uegMnannacmllrexallc) B (: r/ ,. r aa� famRl Cummalal lcG1 =�j MaealnI, 1(MUTT fin" ,`- 1• /(' �' - aiiiiiiiMIFaa Wo21MLL21 ED�u[v rrE ' �' � l . .' _pKKnINI CanMUN QLj •' j ,• .., / Cg aa� Open Spero (05) 40? p 9® A WE51' COVINP - - *�� •� � ' IC4 Tllcf ll,r9 ,o�ivaiiiini �umn fr'a'i'��am. IJu-IFI . «<LWW"—IrLx l Task 4.2: Administrative Draft Development Code This subtask involves preparing the administrative draft of all articles of the new Code. The Administrative Development Code will be prepared in individual articles, chapters and sections and provided to staff in individual articles to allow fortimely, focused feedback. The efforts will focus on: • Extensive use illustrative graphics and diagrams describing form and design characteristics • Implementing General Plan land use, economic development and urban design policies • Establishing new zoning districts to reflect new General Plan land use designations • Incorporating State law provisions and Supreme Court and similar decisions that are not currently reflected in the Code • Addressing Staff's list of key "fix -it list" items Baldwin Park Zoning Code Update Task 4.3: Public Review Draft Development Code This task will include revisions to the Administrative Draft Development Code based on staff input and the addition of graphics and illustrations where needed. Graphics will be used throughout the updated Code to assist users in visualizing the meaning and applicability of standards, or otherwise improve understanding or ease of use. Following staff's review of the Preliminary Draft, the team will meet with staff to review comments. City staff will provide one version of the preliminary draft Code that contains all of staff's mark-ups and comments using Word's track -changes function. MIG will incorporate those revisions to produce a Public Review Draft Development Code. Staff will be allowed one additional review before the Development Code becomes public. City of Diamond Bar I Comprehensive General Plan Update 7.3 ©; Accessory Structures Reeldenllal P--r--=T!C, Slrucmre um Fence Height Location Comet Lot Im.rl.,W I # ti L Hollywood Driveway Setbacks: Irregular Shaped Lot Setbacks M a rs -' ; ---i ---- --- Recreational Vehicle Alternative Location Corner Cutback Area i I I iF eioecr c.r.se I# 15 H. I RaiNdctu aI' I Residential Parking Locations p Ge ea Ia 54 ReclaenRal 6Wclure I /flawed lama. r.mae P..', Pmmmlea: ReyNna lana:a.e -1 - �e- S,",v, oon .orr. Cee, do'. a -M -S rm,.l. or Example Zoning Graphics bniWed Flnnmc M D—. 7.4 City of Diamond Bar I Comprehensive General Plan Update Sign Types Comer CuWeck Area Drive -Though I Ile" .-r SII E m Restaurant _ aaaoWa L ®' '�Fna.ns lie 1 ...P.— ITTLI s.., RONVNEM SIGN � ' r�1 carmga Reeldenllal Slrucmre xoMwaoe o ., • mm.d.am Ll Street Setbacks: Irregular Shaped Lot Setbacks M a rs -' ; ---i ---- --- Recreational Vehicle Alternative Location Corner Cutback Area i I I iF eioecr c.r.se I# 15 H. I RaiNdctu aI' I Residential Parking Locations p Ge ea Ia 54 ReclaenRal 6Wclure I /flawed lama. r.mae P..', Pmmmlea: ReyNna lana:a.e -1 - �e- S,",v, oon .orr. Cee, do'. a -M -S rm,.l. or Example Zoning Graphics bniWed Flnnmc M D—. 7.4 City of Diamond Bar I Comprehensive General Plan Update Sign Types Comer CuWeck Area Drive -Though I Ile" .-r SII E m Restaurant _ aaaoWa L ®' '�Fna.ns lie 1 ...P.— ITTLI s.., RONVNEM SIGN � ' r�1 TASK 5 - UPDATED ZONING MAP MIG will prepare a new Zoning Map as part of the work program. This will begin with a General Plan/zoning consistency analysis; we will discuss with staff where rezoning is directed and where changes are necessary to achieve consistency with the General Plan land use policy map. Because properties may be rezoned citywide either to achieve consistency or reflect new zones, property owners should be engaged and notified. We recommend conducting a workshop focused solely on the proposed zone changes (see Task 8.5), as our experience has shown that such a meeting addresses specific issues and concerns of affected property owners. M G TASK 6 - PUBLIC WORKSHOPS WITH THE PLANNING COMMISSION TO DISCUSS PUBLIC REVIEW DRAFT CODES (3) Prior to formal public hearings on the Development Code, we propose to conduct a series of workshops with the Planning Commission, with the public invited to attend and participate. These can be scheduled as joint Planning Commission/City Council workshops as well at no additional cost. These will be informal sessions that will allow the consultant team and City staff to present the draft Code and Zoning Map to policy makers and the public, highlight key revisions and new provisions, describe development review processes and otherwise review important sections of the updated Code. •••••••••••••• Illlllllllli�ru. c:1::.�nm r..q.-..-,parl�n�ro: n.:n.....__.... _ sl siI1111illllnn 1 II.1� �5:: as 1 1 Y 19 �.a' ���_■� ;i^:.. �11:�, IS����IIIft1l�llnni �aTya i� R a ��Ea5 ,app■1 yy�,'i Ci�SlL'.�. ■_II®i�l'�iiii L. 5> — T r ^ m v -�■n :'^u1 ■■■■■f Iaeliu■�i ISEN_z �i .Lae mm� S�'■I �_� MON II�r1I 1ZMAWN y111 ■711Y�Z �a-E-IIIIIIS� 'If IIIIII� ' \�■Nl1, a■ L1 �:I IIIIIM SC I • ^R�= I f1i1 �I�a ■ Zoning . ■■■■ 111 li 1 IG 1 :■ iiinul i iiilul� 8REM 1 epi1,015:1, 1 Ii■ Il.In II a ■L u■III IIIIuisil n� 11mull 9 111.111111 ■ L.�_ In1111WNa Ya�� ■L 4111 m s Ilrsw rEn■. u m s.nu esnlj � � VIII s..: IIIAIIIIIII :AI■..■I nYI II 111@n -,■■■II■■ F!!■�- I nes £s y3 �i s:.'.1n5es10dpsi;^y � � r.:sm �If '�illll i i �f, r ■ —� 3�1 9S Ji 2yI��i9't "`. Qyl S.a:Y 1 111111 p 1 111•"1:111 .SOG� 5 YI t _w�I J■I�.©� �Y S V3 L �9 . 1 �6 llElllllinll .�IVd�l3°� �,i.e , s -a ■��i�l ie�= I[Iilliiiinniiiiiii�Iis'�p . � �I'.��,"!� i' �-- �'II� ,�I�I wl,nn■ ,acus® VYIw . ■■�1 ■I■ - � —1 ultf s lom ■ u�en�l ■ lu`o■�■ � In _ �IltllllYl� � 1, -- -. � �c ` r'+ _ i� � � - '■t�� �I,q,rr �II.��IiTmIM � IS ,i, at , Ilri s � v it' � ray �y��`!� ' ��'YiLn3•�� 3sr`� i on r ��I ,11:11 IL'i' szR a■aaF Fi Nr ,�9}1y3.�a epi nlu - 0111111 u ■ !1 II I� f 11 n€m C�e�F -€ � ��■■ - ■ A_I � Y7I s ■ � a ,> Asa il •u�stI i el ,3�Fu ,•��� nom nill� �� � N \ ujI: Yucca Valley Zoning Map City of Diamond Bar I Comprehensive General Plan Update 7.5 M G North -south orientation fm'residential buildings im v,mgr in D..... ,Card rl6vitt Siyimyr in nmrD-.1—n C,, Ii mm Building E/nnena;n,,nn-ronimrn;.,l—of0a.—C,r North -south orientation for commercial and mixed use amld;ng Elrmnm in Do—no, .e Em.. .. r �a.. A.pe North Las Vegas Downtown Master Plan and Investment Strategy Zoning Standards 7.6 City of Diamond Bar I Comprehensive General Plan Update rltinimvn, 25 f at -mine na,-redrientiah. 12vel '� SldewalM '� Mull Motlal SMe Te ravel '� TraL + Median/ k ii! e . Trarel 'r SMe'r MuIII Modal 4' SiJLA Trxnift Ure Median Lane Lane Turn Lane Lane Lane Medan Transit Lane 7-7 North -south orientation fm'residential buildings im v,mgr in D..... ,Card rl6vitt Siyimyr in nmrD-.1—n C,, Ii mm Building E/nnena;n,,nn-ronimrn;.,l—of0a.—C,r North -south orientation for commercial and mixed use amld;ng Elrmnm in Do—no, .e Em.. .. r �a.. A.pe North Las Vegas Downtown Master Plan and Investment Strategy Zoning Standards 7.6 City of Diamond Bar I Comprehensive General Plan Update rltinimvn, 25 f at -mine na,-redrientiah. We find this approach to be very helpful for the subsequent public hearing process. During the workshops, the Commission and public can identify any issues they may have with draft Codes provisions, and the staff/consultant team can prepare responses/options to bring back to the Planning Commission as part of the formal public hearing process. The consultant team will be responsible for preparing all workshop materials. We will meet with staff prior to each workshop or series of workshops to coordinate the presentation of the materials. City staff will be responsible for securing the venue, providing public outreach and required noticing, and preparing meeting summaries. TASK 7 - FOCUSED OUTREACH FOR REZONING This task provides for focused outreach for the updated Zoning Map through a Planning Commission workshop and detailed newsletter indicating parcels with proposed zoning changes. We have found that the public hearing process can be eased when we directly address the concerns of property owners whose properties will be rezoned to achieve General Plan consistency and/ or reflect changes in the new Development Code (for example, renaming or elimination of zones). Many properties may be rezoned as a result of the update to the Zoning Map and affected property owners may need to be individually noticed in this regard. State law requires individual notice if fewer than 1,000 properties are affected; if 1,000 or more will be changed, then public notice can consist of an eighth -page newspaper notice. However, many cities elect to provide individual notices in any case. In any event, we will help affected property owners understand the reasons for the rezoning and its effects by preparing an informational newsletter that can be produced in a relatively inexpensive format (black -and - white or color) and mailed to affected owners, as well as posted on the City's website, The City will be responsible for reproduction costs and mailing/distribution. We have found that many property owners, after having read the newsletter and/or contacted City staff with questions, are satisfied with the proposals. The Planning Commission study session provides a good forum to allow property owners to review maps and ask questions in a public forum. This outreach meeting may be combined with a General Plan Amendment study session for cost savings. Downtown Downey Mixed -Use Development Standards City of Diamond Bar I Comprehensive General Plan Update 7.7 TASK 8 - CEQA DOCUMENTATION Per CEQA, adoption of or amendments to the Development Code and Zoning Map are considered a "project," and environmental review will be required. Because the updated Code will implement land use policy examined in the recent General Plan FEIR, we anticipate preparing an Addendum to the FEIR. An Addendum does not require formal circulation and public review, and can be completed efficiently given the recent and comprehensive nature of the General Plan FEIR. TASK 9 - PUBLIC REVIEW AND ADOPTION This task involves the conduct of public hearings. Laura Stetson will attend two Planning Commission hearings and two City Council hearings. Ms. Stetson is available to attend additional hearings on a reimbursable basis. TASK 10 - FINAL DEVELOPMENT CODE After the final City Council hearing on the updated Zoning and Subdivision Codes and before the effective date, MIG will prepare a final version to incorporate all changes directed by the City Council (including changes recommended by the Planning Commission and accepted by the Council) during the adoption process. We will prepare the final Development Code for delivery to the City for codification and publication. The team will provide a reproducible camera-ready copy of the adopted document and an electronic copy in Microsoft Word (for PC) and as a PDF. 7.8 City of Diamond Bar I Comprehensive General Plan Update Phase 8 Deliverables: • One full days of interviews • Interview Summary (Word/PDF) • Zoning Issues and Options Paper (Word/PDF) Annotated Outline (Word/PDF) • Administrative Draft Development Code (WORD/PDF) • Public Review Draft Development Code (WORD/PDF) • General Plan/Zoning Consistency Matrix and Map (PDF) • Draft Zoning Map (PDF) • One Zoning Workshop • One newsletter that graphically indicates areas affected by rezoning and identifies contacts and methods of input • Agenda, handout materials, exhibits and visual aids for the workshop • Administrative Draft EIR Addendum (WORD/PDF) • Public Review Draft EIR Addendum (WORD/PDF) • Powerpoint Presentation for Hearings (PPT) • Final Development Code (WORD/PDF) DIAMOND BAR COMPREHENSIVE GENERAL YWd. I " 0-;F-37 CU e oo�= AGENDA ITEM 8.1 June 21, 2016 ■ PLAN UPDATE;! - � t - J - � - _ - � - T,� __ 'd 4` � J .� + .., .Y,i2 _ .,.. � _ t v`= �� _ - _ � ��..� � \moi-<.', ii ..�i�.aS�•SY' _ _ 5.. QCT%- _ 4r _ '. _ _ _ sF � _ __ ti. ". �, �r'�' .`jay � _ _ '- _ , :c- � - � � - � t�,� - ... .' s. -r,. ''k t, .`Y � �''r .. - I y �. i i ��r_ � ��— .Sties �� —' _ _ _ _ - ar _ � J — f '...�F d I r ::� _ . �- _ i. _.. ,:' _ _ �_ COST AND TIMEFRAME 4M1 2014 SURVEY ESTIMATE:,., j • $800,000 TO $1.1 MILLION �4 • 28 MONTHS TO 3 YEARS K _ � 2016 PROPOSALS SUBMITTED TO DB: $877,654 TO 971,803 �`= • 26 MONTHS TO 3 YEARS SELECTION PROCESS FEBRUARY 1, 2016: RFP SENT TO 9 PLANNING FIRMS �= PROPOLS RECEIVED FROM 2 FIRMS DYETT & BHATIA $877,655 + 15% _ $1,009,303 ` Aw MIG $971,803 + 15% _ $1,117,573 , `iriur�y t -- -w ". AND P" Urban and Regional Planners _s », .� Urban and Regional Planners r . rr COMPETITIVE BUDGET' • QUALITY OF PROPOSAL ®. • CREDENTIALS -- ! II/-m • APPROACH IIIIIIIIIIHI • PROJECT MANAGER y �M. � f PROJECT TEAM � -- --_ k+ H Urban and Regional Planners1w vv1gr.qmry • ESTABLISHED IN 1976 (AS JOHN BLAYNEY & ASSOCIATES) • BASED IN SAN FRANCISCO • PREPARED GENERAL PLANS FOR 20 COMMUNITIES WITHIN PAST 10 YEARS • 12 APA AWARDS WITHIN THE PAST FIVE YEARS • CURRENT SoCal CLIENTS INCLUDE BURBANK.. REDLANDS & SAN DIEGO i� sk Urban and Regional Planners � ARMI w' CONSULTING PARTNERS • PCR SERVICES (Irvine) • ARELLANO ASSOCIATES • FEHR & PEERS (Anaheim • PRO FORMA ADVISORS �ry ENVIRONMENTAL CONSULTING (Chino Hills) I PUBLIC OUTREACH & L.A.) I TRANSPORTATION/MOBILITY (Redondo Beach) I ECONOMICS • TKE ENGINEERING (Riverside) "WET" INFRASTRUCTURE �4 • URBAN FIELD STUDIO (San Francisco) I URBAN DESIGN 1 - _ PHASE 1: Visioning, Outreach & Background Researchm • TASK 1: PROJECT INITIATION & COMMUNITY INVOLVEMENT STRATEGY • TASK 2: ISSUE IDENTIFICATION AND KEY STRATEGIES • TASK 3: EXISTING CONDITIONS, TRENDS, AND OPPORTUNITIES ASSESSMENT PHASE_2: Options and Strategies • TASK 4: ALTERNATIVES • TASK 5: PREFERRED PLAN AND KEY GOALS ` PHASE 3: Draft and Final Documents • TASK 6: DRAFT GENERAL PLAN S • TASK 7: EIR • TASK 8: HEARINGS AND ADOPTION PHASE uture Option) • TASK 9: ZONING ORDINANCE UPDATE w■ Schedule Public R-cor Diamond liar General Plan Update PMo ria' A!nemtlrimen s Amenamanra Zoning Ordinance Updatel0nAdal- ZOO s 6-8 months after Gedeal Plan Adoption! June July AI Teekdand Key Team Members ', s'mine qty' Goal. antl AnlanameMs y Objectivea I Project tm tr n pe4 AA 3 Issue Identification & y Key strategies AAMM Siori Conditions, Trends & cr a 0,pampaht.pAsuchicarriont Bam 4 Alternatives m- S Preferred Plan &Key Goals c.amc'i i comrpooiry a89F8P a Draft General Plan in, Draft and Final General Plan EIF ieem M�' e Hearings& Adoption .a DYETT & EDp TIA untie tna eegao annmx n0 ! 12010 1 2012 An Feb Met Apr May June JadV At, Sept Oct Nae NM �Jsn Feb Mer Act May June Jut, An, Sepr Oct N. On, Jan Feb Mar on ..ad Public R-cor C., Zo In Fin el Zoning PMo ria' A!nemtlrimen s Amenamanra Zoning Ordinance Updatel0nAdal- s 6-8 months after Gedeal Plan Adoption! p88 i I'dpinDratl Initr ISIutl Goal. antl AnlanameMs Objectivea y c.amc'i i comrpooiry I M�' g bPrion( ieport to � e vann Fepnn. F ra,.aa �1 — OFaft N Akpa.arlaa PPort IB 2 wlnf Fac, P r a6madd dPl I 2 i L— 'rJIL Visa- P, tlPlamP( F9P Plan cited TT —,- ape rRGreal p 11ca © A nD ah n i e al Ian— 9 a Mapais9 Thre h,ld G y rr�1 1J I - q NOPtl' EIPO OEI P NOC ' . ewsl wb Consultant Effort Interim Product Friel crops. &NStakeholder lydereewa 5ca9 Feam Meetln 9 Public Generel Plan Community VJorkshopet qty Coun flIPlanning Hearing ® Advisory Committas Open House (includes Commappear,ission dear, Meeting "go.,he." maetings) Public R-cor C., Zo In Fin el Zoning PMo ria' A!nemtlrimen s Amenamanra Zoning Ordinance Updatel0nAdal- s 6-8 months after Gedeal Plan Adoption! p88 i I'dpinDratl Initr ISIutl Goal. antl AnlanameMs Objectivea W` -�, .rte•- - - -.--,. - � 3 --.:.-�_ �, .- �� COMMUNITY OUTREACF n 0... ;•_ J. e Awl GENERAL PLAN ADVISORY COMMITTEE ,3. 11 (GPAC) qqj%af,ja=s* 11 '07JI ►T►1IIIIkMolI1IA:FASO:■JLOOM;i.! o S7kl ;i l� OADER INTERVIEWS (1 b one-on-one & small o INT ,,CA\CMVE WEBSITE o 0FA C' hi EETINCS (9) o .l.` WORKSHOPS/OPEN HOUSE EVENTS (4) 0U1FITY, p [77-7 EF2 E`�'iJ���I'` S ;� C _ iL �t� ��d'"FI�SSI N! &, Fi ff%7 CCD U MC S �P S II L LIL � �4� UPDATED -GENERAL. -FLAN ..ELE MENTS! o LAND USE AND ECONOMIC DEVELOPMENT o RESOURCE CONSERVATION o PUBLIC HEALTH AND SAFETY oCIRCULATION o PUBLIC SERVICES AND FACILITIES o COMMUNITY CHARACTER AND PLACEMAKING o HEALTH AND SUSTAINABILITY Aa■i *HOUSING ELEMENT WILL BE UPDATED IN 2021 r 1 �F TO: CITY CLERK ( / FROM: -Nam ���� � Y �.1 DATE: � � I • I tfJ ADDRESS: PHONE: MM, �� (Optional) (Optional) ORGANIZATION: Uv QM AGENDA#/SUBJECT: Yov�y1f ao I expect to address the Council on the subject agenda/subject iters. Please have the Council Minutes reflect my name and address as written above. P/ Signature This document is a public record subject to disclosure under the Public Records Act. A- 714-1 P;� VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: FROM: ADDRESS: ORGANIZATION: AGENDA#/SUBJECT: CITY CLERK DATE: 04, L dar� GI n�G v U PHONE: (Optional) I expect to address the Council on the subject agenda/subject item. Please have the Council Minutes reflect my name and address as written above. r , Signature-' This document is a public record subject to disclosure under the Public Records Act.