Agenda packet — Diamond Bar City Council, June 18, 2024 (part 2 of 3)

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.

5.13.b
Packet Pg. 192
RESOLUTION NO. 2024-24

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR TO DECLARE THE CITY’S INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR LANDSCAPE DISTRICT NO. 39-2022 AND

DIRECT CITY STAFF TO ADVERTISE THE PUBLIC HEARING BEFORE THE COUNCIL AT THE JULY 16, 2024 REGULAR MEETING.

WHEREAS, the City of Diamond Bar Assessment District No. 39-2022 (“District”) was created pursuant to Part 2 of Division 15 of the California Streets and Highways Code (§ 22500, et seq.); and
WHEREAS, SCI Consulting Group, the Engineer of Work, has prepared, filed with the City Clerk and presented to this Council a report relating to said assessment district pursuant to the provisions of the California Streets and Highways Code § 22623; and WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Diamond as follows:

Section 1. The Recitals, as set forth in Part A of this Resolution, are in all respects true and correct.

Section 2. The above-described report submitted by the Engineer of Work relating to the City of Diamond Bar Assessment District No. 39-2022 is hereby approved as filed.

Section 3. The Council hereby declares its intention to levy and collect assessments during fiscal year 2024-25 pursuant to Part 2 of Division 15 of the Streets and Highways Code of the State of California, known as the “Landscaping and Lighting Act of 1972, “within that area designated “City of Diamond Bar Assessment District No. 39-2022,” as shown on Exhibit “A” attached hereto and incorporated herein by reference.

Section 4. A general description of the improvements proposed for the aforementioned district is as follows:

Installation, maintenance and servicing of public and private areas and facilities, including but not limited to, landscaping, sprinkler systems, landscape corridors, ground cover, shrubs and trees, street frontages, drainage systems, lighting, fencing, graffiti removal and repainting, and labor, materials, supplies, utilities and equipment, as applicable, for property owned and/or maintained by the City. Said installation, maintenance and servicing of the landscaping and installation, maintenance and servicing of related work shall be within the area of Assessment District No. 39-2022 as shown on

5.13.c
Packet Pg. 193
Resolution No. 2024-24
2 Exhibit “A,” as attached hereto and incorporated by reference. The location and type of improvement are shown in Exhibit “A.”
Section 5. Reference is hereby made to the Engineer’s Report relating to the said assessment district hereinabove approved. Said report is on file with the City Clerk of the City of Diamond Bar and contains a full and detailed description of the improvements, the boundaries of the assessment district and contains the proposed assessments upon assessable lots and parcels of land within City of Diamond Bar Assessment District No. 39-2022 for fiscal year 2024-25. Said estimated cost results in a proposed Single-Family Equivalent (“SFE”) assessment rate of $547.82 for Zone A, $534.12 for Zone B, and $506.73 for Zone C for fiscal year 2024-25. Said proposed assessments include an authorized annual increase equal to the change in the Los Angeles-Riverside-Orange County Consumer Price Index (“CPI”) per year without further vote or ballot proceeding as authorized by prior majority approval of property owners. The annual CPI from December 2022 to December 2023 was 3.47%.

Section 6. This Council hereby fixes 6:30 p.m. on July 16, 2024 in the SCAQMD Auditorium located at 21865 Copley Drive, Diamond Bar, California, as the time and place for a hearing before this Council on this question of the levy of the proposed assessments on assessable lots with City of Diamond Bar Assessment District No. 39-2022 for fiscal year 2024-25 and hereby gives notice of said hearing.

Section 7. The City Clerk shall certify to the adoption of this Resolution, and staff shall cause a true and correct copy of this Resolution to be published pursuant to California Government Code § 6061.

PASSED, ADOPTED AND APPROVED this 18th day of June 2024.

CITY OF DIAMOND BAR
Stan Liu, Mayor
ATTEST:

I, Kristina Santana, 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 18th day of June 2024, by the following roll call vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAINED: COUNCIL MEMBERS:

Kristina Santana, City Clerk

5.13.c
Packet Pg. 194
Resolution No. 2024-24
3 Exhibit A

5.13.c
Packet Pg. 195
Fiscal Year 2024-25 ENGINEER’S REPORT
City of Diamond Bar
Landscaping Assessment District No. 39-2022
June 2024
Preliminary Report
Pursuant to the Landscape and Lighting Act of 1972 and Article XIIID of the California Constitution

5.13.d
Packet Pg. 196
City of Diamond Bar
Landscaping Assessment District No. 39-2022
Engineer’s Report, Fiscal Year 2024-25
Page i
(This Page Intentionally Left Blank)

5.13.d
Packet Pg. 197
City of Diamond Bar
Landscaping Assessment District No. 39-2022
Engineer’s Report, Fiscal Year 2024-25
Page ii
City of Diamond Bar
City Council
Stan Liu, Mayor
Chia Yu Teng, Mayor Pro Tem
Andrew Chou, Councilmember
Ruth M. Low, Councilmember
Steve Tye, Councilmember
City Staff
Dan Fox, City Manager
David Liu, Public Works Director / City Engineer
Hall Ghafari, Public Works Manager
City Attorney
Omar Sandoval
Engineer of Work
Edric Kwan, P.E., SCI Consulting Group

5.13.d
Packet Pg. 198
City of Diamond Bar
Landscaping Assessment District No. 39-2022
Engineer’s Report, Fiscal Year 2024-25
Page iii
(This Page Intentionally Left Blank)

5.13.d
Packet Pg. 199
City of Diamond Bar
Landscaping Assessment District No. 39-2022
Engineer’s Report, Fiscal Year 2024-25
Page iv
Table of Contents
Introduction.................................................................................................... 1 Overview ......................................................................................................................1 Engineer’s Report and Continuation of Assessments..................................................2 Legislative Analysis.......................................................................................................2 Plans & Specifications ..................................................................................... 5 Fiscal Year 2024-25 Estimate of Cost and Budget ............................................. 7 Budget for Fiscal Year 2024-25.....................................................................................7 Method of Assessment Apportionment........................................................... 9 Method of Apportionment...........................................................................................9 Discussion of Benefit....................................................................................................9 Special Benefit............................................................................................................11 General Versus Special Benefit ..................................................................................13 Benefit Finding ...........................................................................................................14 Zones of Benefit .........................................................................................................17 Method of Apportionment.........................................................................................20 Residential Properties................................................................................................20 Vacant/Undeveloped Properties................................................................................20 Other Property Types.................................................................................................21 Annual Cost Indexing..................................................................................................22 Duration of Assessment .............................................................................................22 Appeals of Assessments Levied to Property ..............................................................22 Assessment Funds Must Be Expended Within the District Area................................23 Assessment................................................................................................... 24 Assessment Diagram ..................................................................................... 26 Assessment Roll ............................................................................................ 28

5.13.d
Packet Pg. 200
City of Diamond Bar
Landscaping Assessment District No. 39-2022
Engineer’s Report, Fiscal Year 2024-25
Page v
List of Tables
Table 1: FY 2024-25 Estimate of Costs................................................................................ 7 Table 2: Assessment Rate Determination........................................................................... 8 Table 3: Relative Benefit Levels........................................................................................ 13 Table 4: Zones of Benefit – Relative Levels....................................................................... 18 Table 5: FY 2024-25 Summary Cost Estimate ................................................................... 24

5.13.d
Packet Pg. 201
City of Diamond Bar
Landscaping Assessment District No. 39
Engineer’s Report, Fiscal Year 2024-25

Page 1 ends

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 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. Since the passage of Proposition 218, the assessments for this existing District cannot be increased beyond the previously approved amount of $236.00 per parcel. This assessment amount does not generate sufficient revenue to fund the District’simprovements and services, and the annual shortfalls have been funded by the City’s General Fund.

In 2022, the City Council directed that a new assessment be proposed and voted on by property owners within the District in accordance with Proposition 218 (Article XIIIC and D or the California Constitution). Their intent was to replace the existing District No. 39 with a new District No. 39-2022 that would adhere to the existing boundary and include the same improvements and services. These proposed assessments were supported by

52.03% of assessment ballots received from property owners (with each ballot weighted by the amount of assessments it represented). Therefore, on March 15, 2022 by its Resolution No. 2022-13, the City Council levied the new assessments for District No. 39- 2022.

This Engineer’s Report ("Report") was prepared to establish the budget for the Improvements (as described below) that will be funded by the proposed 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”).

5.13.d
Packet Pg. 202
City of Diamond Bar
Landscaping Assessment District No. 39-2022
Engineer’s Report, Fiscal Year 2024-25

Page 2 ends

Engineer’s Report and Continuation of Assessments
The assessments were approved by a property-owner ballot proceeding in 2022, and were intended to replace the original District No. 39 which was established in 1985. 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 July 16, 2024. At this hearing, the Council will consider approval of a resolution confirming the continuation of the Assessments for fiscal year 2024-25. 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 2024-25.

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.

5.13.d
Packet Pg. 203
City of Diamond Bar
Landscaping Assessment District No. 39-2022
Engineer’s Report, Fiscal Year 2024-25

Page 3 ends

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
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 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

5.13.d
Packet Pg. 204
City of Diamond Bar
Landscaping Assessment District No. 39-2022
Engineer’s Report, Fiscal Year 2024-25

Page 4 ends

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 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.

5.13.d
Packet Pg. 205
City of Diamond Bar
Landscaping Assessment District No. 39-2022
Engineer’s Report, Fiscal Year 2024-25

Page 5 ends

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. 39-2022, (“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, 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.

5.13.d
Packet Pg. 206
City of Diamond Bar
Landscaping Assessment District No. 39-2022
Engineer’s Report, Fiscal Year 2024-25

Page 6 ends

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.

5.13.d
Packet Pg. 207
City of Diamond Bar
Landscaping Assessment District No. 39-2022
Engineer’s Report, Fiscal Year 2024-25

Page 7 ends

Fiscal Year 2024-25 Estimate of Cost and Budget
Budget for Fiscal Year 2024-25
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 2024-25 for the maintenance and servicing of the Improvements is provided below.

Table 1: FY 2024-25 Estimate of Costs

1. 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 Expenditure Item Amount
Salaries & Benefits $ 36,334
Operating Expenses
Advertising 3,500
Utilities 126,000
Maintenance of Grounds/Buildings 39,200
Professional Services 7,000
Contract Services
Trail & Landscape Maintenance 170,000
Tree Maintenance 32,000
Weed/Pest Abatement 58,000
Additional Enhancement and Improvement -
Estimated Expenditures $ 472,034
Contingencies/Reserves 671,527
Total Budget $ 1,143,561
Revenue Item Amount
Direct Benefit Assessments $ 665,215
Carryover from Fund Balance 447,097
General Fund Contribution 6.62% 31,249
Estimated Revenues 1 $ 1,143,561

5.13.d
Packet Pg. 208
City of Diamond Bar
Landscaping Assessment District No. 39-2022
Engineer’s Report, Fiscal Year 2024-25

Page 8 ends

capital improvement projects or capital renovation needs. Any remaining balance would either be placed in the reserve fund or would be used to reduce future years' assessments.

Table 2 below shows how the assessment rates are determined including the estimated number of single-family equivalents (“SFE”) and how the costs of improvements are allocated to parcels in the various benefit zones as defined later in this Report.

Table 2: Assessment Rate Determination

1. The rate shown here is for a single-family home or its equivalent. For the definition of the term SFE and rates for other types of property, see the section titled, “Method of Assessment Apportionment” and the sections following it in this report.

Single-Family Equivalents Parcel SFE factor SFEs
Zone A 176 100.0% 176.00
Zone B 971 97.5% 946.73
Zone C 99 92.5% 91.58
Total 1246 1,214.30
Budget Allocation to Parcels Amount
Total Assessment Revenue $ 665,215
Total SFEs 1,214.30
Assessment per SFE 1 $ 547.82
Zone A Assessment Rate $ 547.82
Zone B Assessment Rate $ 534.12
Zone C Assessment Rate $ 506.73

5.13.d
Packet Pg. 209
City of Diamond Bar
Landscaping Assessment District No. 39-2022
Engineer’s Report, Fiscal Year 2024-25

Page 9 ends

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 publicly 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."

5.13.d
Packet Pg. 210
City of Diamond Bar
Landscaping Assessment District No. 39-2022
Engineer’s Report, Fiscal Year 2024-25

Page 10 ends

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:

A. Proximity and access to Improved Landscaped Areas and Other Public Improvements within the District.

B. Improved Views within the District.

C. Extension of a property’s outdoor areas and green spaces for properties within close proximity to the Improvements.

D. Safety and Security within the District
E. Creation of individual lots for residential 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.

5.13.d
Packet Pg. 211
City of Diamond Bar
Landscaping Assessment District No. 39-2022
Engineer’s Report, Fiscal Year 2024-25

Page 11 ends

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
SCI assessment engineers have identified the following special benefits:

Proximity and Access 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.

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.

5.13.d
Packet Pg. 212
City of Diamond Bar
Landscaping Assessment District No. 39-2022
Engineer’s Report, Fiscal Year 2024-25

Page 12 ends

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 public and private 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 Use that, in Absence of the Assessments, Would Not Have Been Created
In 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 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.

5.13.d
Packet Pg. 213
City of Diamond Bar
Landscaping Assessment District No. 39-2022
Engineer’s Report, Fiscal Year 2024-25

Page 13 ends

Summary of Relative Weight of Benefit Factors
A solid argument could be made that the Creation of Individual Lots benefit comprises 100% of the benefit because the Improvements were incorporated into the original planning and design of the subdivision, and thus were deemed to be necessary and required for the development of the lot. Without those Improvements and associated benefit, the lots would not have been created in the first place. Nevertheless, four other definitive benefits accruing to the parcels within the District are identified, and an allowance should be made within the overall relative importance of benefits. The relative benefit level of the five identified benefits used in this Report is shown below.

Table 3: Relative Benefit Levels
Benefit Category
Proximity & Access 10%
Views 10%
Outdoor Area Extension 10%
Safety & Security 10%
Creation of Lots 60%
TOTAL Benefit 100%
Relative Weight
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
Benefit = GeneralBenefit
+ Special
Benefit

5.13.d
Packet Pg. 214
City of Diamond Bar
Landscaping Assessment District No. 39-2022
Engineer’s Report, Fiscal Year 2024-25

Page 14 ends

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:

General
Benefit =
Benefit to Real
Property Outside the
Assessment District
+
Benefit to Real
Property Inside the
Assessment District
that is Indirect and
Derivative
+ Benefit to the
Public at Large
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 and other benefits from the Improvements, and the public at large does 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.

5.13.d
Packet Pg. 215
City of Diamond Bar
Landscaping Assessment District No. 39-2022
Engineer’s Report, Fiscal Year 2024-25

Page 15 ends

Benefit to Property Outside the Assessment Districts
Properties within the District receive almost all 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 60%. The general benefit to property outside of the District is calculated as follows.
87 Parcels Outside District
1,246 Parcels In the District
40% Benefit Factor
87 87 + 1,246
x 40%
Assumptions:

Calculation:

General Benefit to Property Ouside the District
= 2.61%
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.

5.13.d
Packet Pg. 216
City of Diamond Bar
Landscaping Assessment District No. 39-2022
Engineer’s Report, Fiscal Year 2024-25

Page 16 ends

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.

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 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, so 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% =) 2.50% 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,

2.61% Outside the District

1.51% Inside the District

2.50% Public At Large

6.62% Total General Benefit
Landscaping General Benefit Calculation
we find that approximately 6.62% of the benefits conferred by the Improvements may be general in nature and should be funded by sources other than the assessment.

5.13.d
Packet Pg. 217
City of Diamond Bar
Landscaping Assessment District No. 39-2022
Engineer’s Report, Fiscal Year 2024-25

Page 17 ends

Zones of Benefit
The boundaries of the District were developed in conjunction and concurrent with the planning and design of the subdivisions and Improvements, and thus include only the properties in the City of Diamond Bar that are proximate to the Improvements and that would materially benefit from the Improvements. Certain other properties surrounding the District were not part of the designed association between the Improvements and the assessed areas and are generally less proximate to the Improvements. In other words, the boundaries of the District have been narrowly drawn to include only properties that will specially benefit from the Improvements and would receive a declining level of service if the Assessments were not approved.

The SVTA decision indicates:
“In a well-drawn district — limited to only parcels receiving special benefits from the improvement — every parcel within that district receives a shared special benefit. Under section 2, subdivision (i), these benefits can be construed as being general benefits since they are not ‘particular and distinct’ and are not ‘over and above’ the benefits received by other properties ‘located in the district.’ “We do not believe that the voters intended to invalidate an assessment district that is narrowly drawn to include only properties directly benefiting from an improvement. Indeed, the ballot materials reflect otherwise. Thus, if an assessment district is narrowly drawn, the fact that a benefit is conferred throughout the district does not make it general rather than special. In that circumstance, the characterization of a benefit may depend on whether the parcel receives a direct advantage from the improvement (e.g., proximity to 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).”
In the District, the benefit that each parcel receives from the Improvements is direct, and the boundaries are narrowly drawn to include only parcels that benefit from the Assessment. However, proximity to the improvements varies somewhat within the District. In order to most conservatively assure that Assessments are proportional to the relative benefits in the District, three zones have been created:

A. In the area south of Grand Avenue the concentration of landscaped areas (brush and slopes) as well as mini parks is the greatest.

B. In the area north of Grand Avenue but south of Pantera Park there is less concentration of landscaped slopes and brush-cleared areas, but still a high concentration of mini parks.

5.13.d
Packet Pg. 218
City of Diamond Bar
Landscaping Assessment District No. 39-2022
Engineer’s Report, Fiscal Year 2024-25

Page 18 ends

C. In the area around and north of Pantera Park there is less concentration of landscaped slopes and brush-cleared areas and no mini parks within a half mile.

Based on the varying characteristics of these three distinct zones, each of the five benefit categories have been assigned a benefit factor to estimate the overall relative benefit.

Using Zone A as the benchmark (100%), the other two zones derive less benefit due to the proximity of relatively fewer improvements. This estimation is summarized below.

Table 4: Zones of Benefit – Relative Levels
Benefit Category Weight
Factor Benefit Factor Benefit Factor Benefit
Proximity & Access 10% 100% 10.0% 75% 7.5% 75% 7.5%
Views 10% 100% 10.0% 100% 10.0% 75% 7.5%
Outdoor Area Ext. 10% 100% 10.0% 100% 10.0% 75% 7.5%
Safety & Security 10% 100% 10.0% 100% 10.0% 100% 10.0%
Creation of Lots 60% 100% 60.0% 100% 60.0% 100% 60.0%
Relative Benefit 100.0% 97.5% 92.5%
Zone A Zone B Zone C
A map of these zones is shown on the following page.

5.13.d
Packet Pg. 219
City of Diamond Bar
Landscaping Assessment District No. 39-2022
Engineer’s Report, Fiscal Year 2024-25

Page 19 ends

5.13.d
Packet Pg. 220
City of Diamond Bar
Landscaping Assessment District No. 39-2022
Engineer’s Report, Fiscal Year 2024-25

Page 20 ends

Method of Apportionment
As previously discussed, the proposed Assessments will provide comprehensive Improvements that will clearly confer special benefits to properties in the proposed District. The allocation of special benefits to property is partially based on the type of property and the size of property. These benefits can also partially be measured by the occupants on property in the District because such parcel population density is a measure of the relative benefit a parcel receives from the Improvements. It should be noted that many other types of “traditional” assessments also use parcel population densities to apportion the Assessments. For example, the assessments for sewer systems, roads and water systems are typically allocated based on the population density of the parcels assessed. Therefore, the apportionment of benefit is reasonably based on the type of parcel, the size of parcels and the population density of parcels.

The next step in apportioning Assessments is to determine the relative special benefit for each property. This process involves determining the relative benefit received by each property in relation to a single-family home, or, in other words, on the basis of SingleFamily Equivalents (SFE). This SFE methodology is commonly used to distribute Assessments in proportion to estimated special benefit and is generally recognized as providing the basis for a fair and appropriate distribution of Assessments. For the purposes of this Engineer’s Report, all properties are assigned an SFE value, which is each property’s relative benefit in relation to a single-family home on one parcel. In this case, the "benchmark" property is the single-family detached dwelling which is one Single Family Equivalent or one SFE.

Residential Properties
In the District, there is only one type of residential property present: the single-family home. Other types of residential property, such as multifamily, apartments and condominiums, are not present. Furthermore, the property in the District is fully developed, has been stable since its original development in the late 1980s, and is zoned such that a change in that dominate land use is not expected in the future. As a result, there is no need for a detailed analysis of population densities to determine relative benefit for other types of residential properties. Each single-family residential property is assigned one SFE.

Vacant/Undeveloped Properties
While there are currently no vacant or undeveloped properties in the District, the following discussion is included in the event that properties become vacant in the future.

5.13.d
Packet Pg. 221
City of Diamond Bar
Landscaping Assessment District No. 39-2022
Engineer’s Report, Fiscal Year 2024-25

Page 21 ends

The benefit to undeveloped properties is determined to be proportional to the corresponding benefits for similar type developed properties, but at a lower rate due to the lack of improvements on the property. A measure of the benefits accruing to the underlying land is the average value of land in relation to Improvements for developed property. An analysis of the assessed valuation data from the City of Diamond Bar found that approximately 45% of the assessed value of improved properties is classified as the land value. It is reasonable to assume, therefore, that approximately 45% of the benefits are related to the underlying land and 55% are related to the improvements and the dayto-day use of the property. Using this ratio, the SFE factor for vacant/undeveloped parcels is 0.45 per parcel.

Other Property Types
Notwithstanding the foregoing discussion, there are four other types of property uses to be considered: School, municipal park, water utility, and open space. These are discussed below.

School Property: Pantera Elementary School lies within the District and may derive some benefit from the Improvements. However, all benefits that may be derived from the Improvements are included in the General Benefits calculation noted earlier. Therefore, the School accrues no further Special Benefit and is not assessed a fee.

Municipal Park: Pantera Park lies partly within the District. However, all benefits that may be derived from the improvements are included in the General Benefits calculation noted earlier. Therefore, the park accrues no further special benefit and is not assessed a fee.

Water Utility: The Walnut Valley Water District owns a parcel with two water tanks used to supply water for domestic use and fire protection. This property has no people stationed on-site and derives no benefit in any category. Therefore, it is not assessed a fee.

Open Space: The open space parcels that lie within the District are part of the improvements (views, safety & security, etc.) Therefore, these parcels are not assessed a fee.

5.13.d
Packet Pg. 222
City of Diamond Bar
Landscaping Assessment District No. 39-2022
Engineer’s Report, Fiscal Year 2024-25

Page 22 ends

Annual Cost Indexing
The assessment shall be subject to an adjustment tied to the Consumer Price Index-U for the Los Angeles-Riverside-Orange County area as of December of each succeeding year (the “CPI”). The maximum authorized assessment rate is equal to the maximum assessment rate in the first fiscal year the Assessment was levied adjusted annually by the change in CPI.

Duration of Assessment
It is proposed that the Assessments, if approved by property owners, will be continued every year after their formation, 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 thencurrent 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.

5.13.d
Packet Pg. 223
City of Diamond Bar
Landscaping Assessment District No. 39-2022
Engineer’s Report, Fiscal Year 2024-25

Page 23 ends

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.

5.13.d
Packet Pg. 224
City of Diamond Bar
Landscaping Assessment District No. 39-2022
Engineer’s Report, Fiscal Year 2024-25

Page 24 ends

Assessment
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 2024-25 is generally as follows:

Table 5: FY 2024-25 Summary Cost Estimate
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.

Salaries & Benefits $ 36,334
Operating Expenses & Services 435,700
671,527
Total Budget $ 1,143,561
Less General Fund Contribution (31,249)
Less Carryover (447,097)
Net Amount to Assessments $ 665,215
Enhancements / Improvements / Reserves

5.13.d
Packet Pg. 225
City of Diamond Bar
Landscaping Assessment District No. 39-2022
Engineer’s Report, Fiscal Year 2024-25

Page 25 ends

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 2024-25. 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 2024-25 for each parcel or lot of land within the District.

Dated: June 18, 2024 Engineer of Work
By
Edric W. H. Kwan, P.E.

License No. C062829

5.13.d
Packet Pg. 226
City of Diamond Bar
Landscaping Assessment District No. 39-2022
Engineer’s Report, Fiscal Year 2024-25

Page 26 ends

Assessment Diagram
The District boundary and the parcels to be assessed in Landscaping Assessment District No. 39-2022 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 2024-25, and are incorporated herein by reference, and made a part of this Diagram and this Report.

5.13.d
Packet Pg. 227
City of Diamond Bar
Landscaping Assessment District No. 39-2022
Engineer’s Report, Fiscal Year 2024-25

Page 27 ends

5.13.d
Packet Pg. 228
City of Diamond Bar
Landscaping Assessment District No. 39-2022
Engineer’s Report, Fiscal Year 2024-25

Page 28 ends

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.

5.13.d
Packet Pg. 229
RESOLUTION NO. 2024-25

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR TO DECLARE THE CITY’S INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR LANDSCAPE DISTRICT NO. 41-2021 AND

DIRECT CITY STAFF TO ADVERTISE THE PUBLIC HEARING BEFORE THE COUNCIL AT THE JULY 16, 2024 REGULAR MEETING.

WHEREAS, the City of Diamond Bar Assessment District No. 41-2021 (“District”) was created pursuant to Part 2 of Division 15 of the California Streets and Highways Code (§ 22500, et seq.); and
WHEREAS, SCI Consulting Group, the Engineer of Work, has prepared, filed with the City Clerk and presented to this Council a report relating to said assessment district pursuant to the provisions of the California Streets and Highways Code § 22623; and WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Diamond as follows:

Section 1. The Recitals, as set forth in Part A of this Resolution, are in all respects true and correct.

Section 2. The above-described report submitted by the Engineer of Work relating to the City of Diamond Bar Assessment District No. 41-2021 is hereby approved as filed.

Section 3. The Council hereby declares its intention to levy and collect assessments during fiscal year 2024-25 pursuant to Part 2 of Division 15 of the Streets and Highways Code of the State of California, known as the “Landscaping and Lighting Act of 1972, “within that area designated “City of Diamond Bar Assessment District No. 41-2021,” as shown on Exhibit “A” attached hereto and incorporated herein by reference.

Section 4. A general description of the improvements proposed for the aforementioned district is as follows:

The maintenance and servicing of landscaping and any facilities which are appurtenant thereto or which are necessary or convenient for the maintenance and servicing thereof, including but not limited to, repair, removal or replacement, grading, clearing, removal of debris, pruning, fertilization, pest control and weed control, and the installation or construction of appurtenant facilities, including curbs, gutters, walls, sidewalks or paving, or water, irrigation, or electrical facilities. Said maintenance and servicing of the landscaping and installation, maintenance and servicing of related work shall be within the area of Landscape Assessment District No. 41- 2021 as shown on

5.13.e
Packet Pg. 230
Resolution No. 2024-25
2 Exhibit "A" as attached hereto and incorporated by reference. The location and type of improvement are shown on Exhibit "A."
Section 5. Reference is hereby, made to the Engineer's Report relating to the said assessment district hereinabove approved. Said report is on file with the City Clerk of the City of Diamond Bar and contains a full and detailed description of the improvements, the boundaries of the assessment district and contains the proposed assessments upon assessable lots and parcels of land within City of Diamond Bar Landscape Assessment District No. 41-2021 for fiscal year 2024-25. Said proposed assessment amounts for the single-family and multi-family parcels are $573.93 and $528.02, respectively, an increase of 3% from fiscal year 2023-24. Said proposed assessments include an authorized annual increase equal to the change in the Los Angeles-Riverside-Orange County Consumer Price Index (“CPI”) per year without further vote or ballot proceeding, not to exceed 3%, as authorized by prior majority approval of property owners. The annual CPI from December 2022 to December 2023 was 3.47%.

The 3% cap is in effect.

Section 6. This Council hereby fixes 6:30 p.m. on July 16, 2024 in the SCAQMD Auditorium located at 21865 Copley Drive, Diamond Bar, California, as the time and place for a hearing before this Council on this question of the levy of the proposed assessments on assessable lots with City of Diamond Bar Assessment District No. 41-2021 for fiscal year 2024-25 and hereby gives notice of said hearing.

PASSED, ADOPTED AND APPROVED this 18th day of June 2024.

CITY OF DIAMOND BAR
__________________________
Stan Liu, Mayor
ATTEST:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAINED: COUNCIL MEMBERS:

Kristina Santana, City Clerk

5.13.e
Packet Pg. 231
Resolution No. 2024-25
3 Exhibit A

5.13.e
Packet Pg. 232
Fiscal Year 2024-25 ENGINEER’S REPORT
City of Diamond Bar
Landscaping Assessment District No. 41-2021
June 2024
Preliminary Report
Pursuant to the Landscape and Lighting Act of 1972 and Article XIIID of the California Constitution

5.13.f
Packet Pg. 233

CITY OF DIAMOND BAR
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021 ENGINEER’S REPORT, FISCAL YEAR 2024-25
Page ii
(This Page Intentionally Left Blank)

5.13.f
Packet Pg. 234

CITY OF DIAMOND BAR
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021 ENGINEER’S REPORT, FISCAL YEAR 2024-25
Page iii
City of Diamond Bar
City Council
Stan Liu, Mayor
Chia Yu Teng, Mayor Pro Tem
Andrew Chou, Councilmember
Ruth M. Low, Councilmember
Steve Tye, Councilmember
City Manager
Dan Fox
Public Works Director
David Liu
City Attorney
Omar Sandoval
Engineer of Work
Edric Kwan, P.E.

SCI Consulting Group

5.13.f
Packet Pg. 235

CITY OF DIAMOND BAR
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021 ENGINEER’S REPORT, FISCAL YEAR 2024-25
Page iv
(This Page Intentionally Left Blank)

5.13.f
Packet Pg. 236

CITY OF DIAMOND BAR
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021 ENGINEER’S REPORT, FISCAL YEAR 2024-25
Page v
Table of Contents
Introduction.................................................................................................... 1 Overview ......................................................................................................................1 Engineer’s Report and Continuation of Assessments..................................................2 Legislative Analysis.......................................................................................................2 Plans & Specifications ..................................................................................... 5 Fiscal Year 2024-25 Estimate of Cost and Budget ............................................. 7 Budget for Fiscal Year 2024-25.....................................................................................7 Method of Assessment Apportionment........................................................... 9 Method of Apportionment...........................................................................................9 Discussion of Benefit....................................................................................................9 Special Benefit............................................................................................................11 General Versus Special Benefit ..................................................................................13 Benefit Finding ...........................................................................................................15 Method of Apportionment.........................................................................................17 Residential Properties................................................................................................18 Vacant/Undeveloped Properties................................................................................18 Other Property Types.................................................................................................19 Annual Assessment Calculation..................................................................................19 Duration of Assessment .............................................................................................20 Appeals of Assessments Levied to Property ..............................................................20 Assessment Funds Must Be Expended Within the District Area................................20 Assessment................................................................................................... 21 Assessment Diagram ..................................................................................... 24 Assessment Roll ............................................................................................ 25

5.13.f
Packet Pg. 237

CITY OF DIAMOND BAR
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021 ENGINEER’S REPORT, FISCAL YEAR 2024-25
Page vi
List of Tables
Table 1: FY 2024-25 Estimate of Costs................................................................................ 7 Table 2: Assessment Rate Determination........................................................................... 8 Table 3: FY 2024-25 Summary Cost Estimate ................................................................... 21

5.13.f
Packet Pg. 238

CITY OF DIAMOND BAR
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021 ENGINEER’S REPORT, FISCAL YEAR 2024-25

Page 1 ends

Introduction
Overview
The City of Diamond Bar (the “City”) services and maintains turf areas, 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. 41 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. Since the passage
of Proposition 218, the assessments for this
existing District cannot be increased beyond
the previously approved amount of $280.00
per parcel. This assessment amount does not
generate sufficient revenue to fund the
District’s improvements and services, and the
annual shortfalls have been funded by the
City’s General Fund.

In 2021, the City Council directed that a new
assessment be proposed and voted on by property owners within the District in accordance with Proposition 218 (Article XIIIC and D or the California Constitution). Their intent was to replace the existing District No. 41 with a new District No. 41-2021 that would adhere to the existing boundary and include the same improvements and services.

These proposed assessments were supported by 87.55% of assessment ballots received from property owners (with each ballot weighted by the amount of assessments it represented). Therefore, on July 6, 2021 by its Resolution No. 2021-33, the City Council levied the new assessments for District No. 41-2021.

5.13.f
Packet Pg. 239

CITY OF DIAMOND BAR
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021 ENGINEER’S REPORT, FISCAL YEAR 2024-25

Page 2 ends

Engineer’s Report and Continuation of Assessments
The assessments were approved by a property-owner ballot proceeding in 2021, and were intended to replace the original District No. 41 which was established in 1985. 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.

5.13.f
Packet Pg. 240

CITY OF DIAMOND BAR
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021 ENGINEER’S REPORT, FISCAL YEAR 2024-25

Page 3 ends

5.13.f
Packet Pg. 241

CITY OF DIAMOND BAR
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021 ENGINEER’S REPORT, FISCAL YEAR 2024-25

Page 4 ends

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 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.

5.13.f
Packet Pg. 242

CITY OF DIAMOND BAR
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021 ENGINEER’S REPORT, FISCAL YEAR 2024-25

Page 5 ends

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. 41-2021, (“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, 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.

5.13.f
Packet Pg. 243

CITY OF DIAMOND BAR
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021 ENGINEER’S REPORT, FISCAL YEAR 2024-25

Page 6 ends

The assessment proceeds will be exclusively used for Improvements within the District plus incidental expenses.

5.13.f
Packet Pg. 244

CITY OF DIAMOND BAR
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021 ENGINEER’S REPORT, FISCAL YEAR 2024-25

Page 7 ends

An estimate of District costs for fiscal year 2024-25 for the maintenance and servicing of the Improvements is provided below.

Table 1: FY 2024-25 Estimate of Costs

1. 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 Expenditure Item Amount
Salaries & Benefits $ 36,728
Operating Expenses
Advertising 3,000
Utilities 77,000
Maintenance of Grounds/Buildings 46,000
Professional Services 7,000
Contract Services
Landscape Maintenance 68,500
Tree Maintenance 23,000
Weed/Pest Abatement 50,118
Capital Improvements 0
Estimated Expenditures $ 311,346
Contingencies/Reserves 169,140
Total Budget $ 480,486
Revenue Item Amount
Direct Benefit Assessments $ 311,346
Carryover from Prior Year 157,185
General Fund Contribution 3.84% 11,955
Estimated Revenues 1 $ 480,486
LANDSCAPING ASSESSMENT DISTRICT NO. 41-2021

5.13.f
Packet Pg. 245

CITY OF DIAMOND BAR
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021 ENGINEER’S REPORT, FISCAL YEAR 2024-25

Page 8 ends

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 or would be used to reduce future years' assessments.

Table 2: Assessment Rate Determination

Single-Family Equivalents Parcels SFE factor SFEs
Single Family Parcels 410 100% 410.00
Condominium Parcels 144 92% 132.48
Total 554 542.48
Budget Allocation to Parcels
Total Amount Assessed $ 311,346
Total SFEs 542.48
Assessment per SFE 1 $ 573.93
Single-Family Assessment $ 573.93
Condominium Assessment $ 528.02

5.13.f
Packet Pg. 246

CITY OF DIAMOND BAR
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021 ENGINEER’S REPORT, FISCAL YEAR 2024-25

Page 9 ends

Discussion of Benefit
In summary, the Assessments can only be levied based on the special benefit to property.

5.13.f
Packet Pg. 247

CITY OF DIAMOND BAR
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021 ENGINEER’S REPORT, FISCAL YEAR 2024-25

Page 10 ends

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:

A. Proximity to Improved Landscaped Areas and Other Public Improvements within the District.

B. Improved Views within the District.

C. Extension of a property’s outdoor areas and green spaces for properties within close proximity to the Improvements.

D. Safety and Security within the District
E. 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:

Proximity, improved access and views, in addition to the other special benefits listed herein further strengthen the basis of these assessments.

5.13.f
Packet Pg. 248

CITY OF DIAMOND BAR
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021 ENGINEER’S REPORT, FISCAL YEAR 2024-25

Page 11 ends

Special Benefit
SCI assessment engineers have identified the following special benefits:

5.13.f
Packet Pg. 249

CITY OF DIAMOND BAR
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021 ENGINEER’S REPORT, FISCAL YEAR 2024-25

Page 12 ends

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.

5.13.f
Packet Pg. 250

CITY OF DIAMOND BAR
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021 ENGINEER’S REPORT, FISCAL YEAR 2024-25

Page 13 ends

Benefit Category
Proximity & Access 10%
Views 10%
Outdoor Area Extension 10%
Safety & Security 10%
Creation of Lots 60%
TOTAL Benefit 100%
Relative Weight
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
Benefit = General Benefit + Special
Benefit

5.13.f
Packet Pg. 251

CITY OF DIAMOND BAR
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021 ENGINEER’S REPORT, FISCAL YEAR 2024-25

Page 14 ends

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.

A formula to estimate the general benefit is listed below:

General
Benefit =
Benefit to Real
Property Outside
the Assessment
District
+
Benefit to Real
Property Inside the
Assessment District
that is Indirect and
Derivative
+
Benefit to
the Public
at Large
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.

5.13.f
Packet Pg. 252

CITY OF DIAMOND BAR
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021 ENGINEER’S REPORT, FISCAL YEAR 2024-25

Page 15 ends

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.

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 60%.

The general benefit to property outside of the District is calculated as follows. 23 Parcels Outside District
554 Parcels In the District
40% Benefit Factor
23 23 + 554
Assumptions:

Calculation:

General Benefit to Property Ouside the District
x 40% = 1.59%

5.13.f
Packet Pg. 253

CITY OF DIAMOND BAR
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021 ENGINEER’S REPORT, FISCAL YEAR 2024-25

Page 16 ends

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, 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 passby 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.

5.13.f
Packet Pg. 254

CITY OF DIAMOND BAR
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021 ENGINEER’S REPORT, FISCAL YEAR 2024-25

Page 17 ends

Total General Benefits
Using a sum of these three measures of general benefit, we find that approximately 3.84% of the benefits conferred by the Improvements may be general in nature and should be funded by sources other than the assessment.

Outside the District
Inside the District
Public At Large
Total General Benefit
Landscaping General Benefit Calculation

1.59%

0.00%

2.25%

3.84%
Method of Apportionment
As previously discussed, the proposed Assessments will provide comprehensive Improvements that will clearly confer special benefits to properties in the proposed District. The allocation of special benefits to property is partially based on the type of property and the size of property. These benefits can also partially be measured by the occupants on property in the District because such parcel population density is a measure of the relative benefit a parcel receives from the Improvements. It should be noted that many other types of “traditional” assessments also use parcel population densities to apportion the Assessments. For example, the assessments for sewer systems, roads and water systems are typically allocated based on the population density of the parcels assessed. Therefore, the apportionment of benefit is reasonably based on the type of parcel, the size of parcels and the population density of parcels.

The next step in apportioning Assessments is to determine the relative special benefit for each property. This process involves determining the relative benefit received by each property in relation to a single-family home, or, in other words, on the basis of SingleFamily Equivalents (“SFE”). This SFE methodology is commonly used to distribute Assessments in proportion to estimated special benefit and is generally recognized as providing the basis for a fair and appropriate distribution of Assessments. For the purposes of this Engineer’s Report, all properties are designated a SFE value, which is each property’s relative benefit in relation to a single-family home on one parcel. In this case, the "benchmark" property is the single-family detached dwelling which is one Single Family Equivalent or one SFE.

5.13.f
Packet Pg. 255

CITY OF DIAMOND BAR
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021 ENGINEER’S REPORT, FISCAL YEAR 2024-25

Page 18 ends

Residential Properties
Certain residential properties in the District that contain a single residential dwelling unit are assigned one Single Family Equivalent or 1.0 SFE. Detached or attached houses and zero-lot line houses are included in this category of single-family residential property. If there is more than one single family detached dwelling on a parcel, it will be charged one SFE per single family detached dwelling.

Another residential property type in the District is the condominium. These properties benefit from the Improvements in proportion to the average number of people who reside in multi-family residential units versus the average number of people who reside in a single-family home (Population Density Factor, or PDF). Using the total population of each property type in the City from recent Census data and dividing it by the total number of such households reveals that approximately 3.42 persons occupy each single-family residence, whereas an average of 2.48 persons occupy each condominium. The ratio of

2.48 people (condominium) to 3.42 people (single-family) results in a PDF of 0.73 for condominiums.

The PDF of 0.73 for condominiums is applied to certain benefit categories, whereas other benefit categories are applicable to condominiums in full measure. The calculation of the overall SFE factors are summarized below.

Benefit Category
PDF SFE Factor PDF SFE Factor
Proximity & Access 10% 100% 10.0% 73% 7.3%
Views 10% 100% 10.0% 73% 7.3%
Outdoor Area Extension 10% 100% 10.0% 73% 7.3%
Safety & Security 10% 100% 10.0% 100% 10.0%
Creation of Lots 60% 100% 60.0% 100% 60.0%
TOTAL Benefit 100% 100% 92%
Weight SFR Condo
There are no other multi-family property types (e.g., duplex, triples, fourplex, apartments) in the District, and none are foreseen in the near future. Therefore, no SFR-based assessment rate is calculated.

5.13.f
Packet Pg. 256

CITY OF DIAMOND BAR
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021 ENGINEER’S REPORT, FISCAL YEAR 2024-25

Page 19 ends

Other Property Types
Notwithstanding the foregoing discussion, there are two other types of property uses to be considered: Water utility and open space. These are discussed below.

Open Space: The open space parcels that lie within the District are part of the improvements (views, safety & security, etc.) Therefore, these parcels are not assessed a fee.

The property in the District is fully developed, has been stable since its original development in the late 1980s, and is zoned such that a change in the predominately residential land use is not expected in the future. As a result, there is no analysis of type, size and population densities for other uses such as commercial, industrial and institutional properties.

Annual Assessment Calculation
The assessment shall be subject to an adjustment up to a cap of 3% annually, which adjustment shall be based upon actual costs, including any reasonable reserves, supported by an Engineer’s Report prepared in accordance with Article XIIID of the California Constitution. If the Engineer’s Report does not support an increase or supports a reduction in the assessment, then the assessment shall not be increased or shall be lowered as applicable.

5.13.f
Packet Pg. 257

CITY OF DIAMOND BAR
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021 ENGINEER’S REPORT, FISCAL YEAR 2024-25

Page 20 ends

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 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 thencurrent 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 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.

5.13.f
Packet Pg. 258

CITY OF DIAMOND BAR
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021 ENGINEER’S REPORT, FISCAL YEAR 2024-25

Page 21 ends

The amount to be paid for said Improvements and the expense incidental thereto, to be paid by the District for the Fiscal Year 2024-25 is generally as follows:

Table 3: FY 2024-25 Summary Cost Estimate
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.

Salaries & Benefits $ 36,728
Operating Expenses & Services 274,618
Capital Expenses/Reserves 169,140
Total Budget $ 480,486
Less General Fund Contribution (11,955)
Less Carryover (157,185)
Net Amount to Assessments $ 311,346
Fund and Budget Summary Fiscal Year 2024-25
LANDSCAPING ASSESSMENT DISTRICT NO. 41-2021

5.13.f
Packet Pg. 259

CITY OF DIAMOND BAR
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021 ENGINEER’S REPORT, FISCAL YEAR 2024-25

Page 22 ends

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.

Dated: June 18, 2024 Engineer of Work
By
Edric W. H. Kwan, P.E.

License No. C062829

5.13.f
Packet Pg. 260

CITY OF DIAMOND BAR
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021 ENGINEER’S REPORT, FISCAL YEAR 2024-25

Page 23 ends

5.13.f
Packet Pg. 261

CITY OF DIAMOND BAR
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021 ENGINEER’S REPORT, FISCAL YEAR 2024-25

Page 24 ends

Assessment Diagram
The District boundary and the parcels to be assessed in Landscaping Assessment District No. 41-2021 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 2024-25, and are incorporated herein by reference, and made a part of this Diagram and this Report.

5.13.f
Packet Pg. 262

CITY OF DIAMOND BAR
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021 ENGINEER’S REPORT, FISCAL YEAR 2024-25

Page 25 ends

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.

5.13.f
Packet Pg. 263
Agenda #: 5.14
Meeting Date: June 18, 2024
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: FIRST AMENDMENTS TO CONSULTANT SERVICES AGREEMENTS CONTRACT WITH ITERIS, INC., FEHR & PEERS AND KIMLEY HORN

FOR ON-CALL TRAFFIC AND TRANSPORTATION ENGINEERING
SERVICES THROUGH JUNE 30, 2026.

STRATEGIC
GOAL: Safe, Sustainable & Healthy Community
RECOMMENDATION:

Approve and authorize the City Manager to sign the First Amendments to Consultant Services Agreements with Iteris, Inc., Fehr & Peers, and Kimley Horn.

FINANCIAL IMPACT:

The FY 2024/25 Public Works Operating Budget allocates adequate funds to support on-call consultant traffic engineering services. Adequate funding will be requested as part of the FY 2025/26 Operating Budget. The table below outlines the changes for the extension of each contract:

Consultant Contract Amount Changes for FY 24/25 and FY 25/26 Iteris, Inc. Due to the completion of the Caltrans SR-57 pavement detour project, which would require additional service with a passthrough cost, this agreement’s not-to-exceed amount will be reduced from $130,000 to $80,000 per fiscal year, a decrease of $50,000.

Kimley Horn The annual contract not-to-exceed amount will be increased by $14,000, rising from $26,000 to $40,000. This additional amount is designated for traffic engineering support for land development projects and neighborhood traffic improvement requests. The additional $14,000 is already included in the Operation Budget.

Fehr & Peers The contract’s annual not-to-amount of $40,000 remains unchanged.

Furthermore, with these extensions, the consultants’ compensation rate will be adjusted per Section 2 of the original agreements to account for a 3.9% Consumer Price Index

5.14 Packet Pg. 264
(CPI) increase.

BACKGROUND/DISCUSSION:

On June 15, 2021, the City Council approved individual Consultant Services Agreements with Iteris, Inc., Kimley Horn, and Fehr and Peer for traffic and transportation engineering projects (Original Agreements). Per Section 2 of the Original Agreement, the City has the option to extend the agreement for one two-year term. All three consultants submitted their contract extension requests (Attachments 4, 5, and 6).

The attached first amendments (Attachments 1, 2, and 3), in accordance with Section 2 of the original agreements, propose a two-year extension to each of the contracts.

The extensions aim to maintain continuity in on-call traffic and transportation services without altering their original scope of work. Extending the contracts ensures stability, facilitating seamless service delivery crucial for ongoing projects and initiatives.

Retaining the current consultants preserves access to their specialized expertise in traffic engineering, enhancing effective problem-solving and project success. Continuity with existing consultants minimizes disruptions, streamlines operations, and proves more cost-effective than engaging new vendors.

LEGAL REVIEW:

The City Attorney has reviewed and approved the amended Agreements as to form.

PREPARED BY:

REVIEWED BY:

Attachments:

1. 5.14.a First Amendment to Agreement with Iteris, Inc.

2. 5.14.b First Amendment to Agreement with Kimley Horn

3. 5.14.c First Amendment to Agreement with Fehr & Peers

4. 5.14.d Extension Request Letter - Iteris Inc.

5. 5.14.e Extension Request Letter - Kimley Horn

6. 5.14.f Extension Request Letter - Fehr and Peer

5.14 Packet Pg. 265
1 FIRST AMENDMENT
TO

CONSULTANT SERVICES AGREEMENT
This First Amendment to Consultant Services Agreement (“First Amendment”) is made and entered into as of July 1, 2024, by and between the City of Diamond Bar, a municipal corporation (“City”), and Iteris, 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, 15, 2021, 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 thereof.

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. Term. The Term of the Original Agreement as set forth in Section 2 therein is from July 1, 2021 to June 30, 2024. This First Amendment does extend the overall Term from July 1, 2024 to June 30, 2026.

3. Revised Compensation. The total not-to-exceed compensation set forth in Section 3 of the Original Agreement was the sum of One Hundred and Thirty Thousand Dollars and Zero Cents ($130,000.00).

Section 3 of the Original Agreement is hereby amended to provide for a decrease of Fifty Thousand Dollars and Zero Cents ($50,000.00) so that the total not-to-exceed compensation, as amended by this First Amendment shall not exceed Eighty Thousand Dollars and Zero Cents ($80,000.00) per Fiscal Year without the prior authorization of the City, subject to the rates described in the March 9, 2024 contract extension rate schedule attached hereto as Exhibit “A.”
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.

5.14.a
Packet Pg. 266
2 IN WITNESS hereof, the parties enter into this First Amendment on the year and day first above written.
“CONSULTANT” “CITY”
Iteris, Inc. CITY OF DIAMOND BAR
By: By:

Printed Name: Daniel Fox, City Manager
Title:

By: ATTEST:

Printed Name:

Title:

Kristina Santana, City Clerk
APPROVED AS TO FORM:

Omar Sandoval, City Attorney
Steven Bradley
Regional Vice President

5.14.a
Packet Pg. 267
3 *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.

5.14.a
Packet Pg. 268
1 FIRST AMENDMENT
TO

CONSULTANT SERVICES AGREEMENT
This First Amendment to Consultant Services Agreement (“First Amendment”) is made and entered into as of July 1, 2024, by and between the City of Diamond Bar, a municipal corporation (“City”), and Kimley Horn, Inc., a California corporation (herein referred to as the “Consultant”) with reference to the following:

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. Term. The Term of the Original Agreement as set forth in Section 2 therein is from July 1, 2021 to June 30, 2024. This First Amendment does extend the overall Term form July 1, 2024 to June 30, 2026.

3. Revised Compensation. The total not-to-exceed compensation set forth in Section 3 of the Original Agreement was the sum of Twenty-Six Thousand Dollars and Zero Cents ($26,000.00) per Fiscal Year.

Section 3 of the Original Agreement is hereby amended to provide for an increase of Fourteen Thousand Dollars and Zero Cents ($14,000.00) so that the total not-toexceed compensation, as amended by this First Amendment shall not exceed Forty Thousand Dollars and Zero Cents ($40,000.00) per Fiscal Year without the prior authorization of the City, subject to the rates described in the May 17, 2024 contract extension rate schedule attached hereto as Exhibit “A”. 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.

DocuSign Envelope ID: 1ECFE0CE-CA24-4C76-8DC8-024706C95731

5.14.b
Packet Pg. 269
2 IN WITNESS hereof, the parties enter into this First Amendment on the year and day first above written.
“CONSULTANT” “CITY”
Kimley Horn, Inc. CITY OF DIAMOND BAR
By: By:

Printed Name: Daniel Fox, City Manager
Title:

By: ATTEST:

Printed Name:

Title:

Kristina Santana, City Clerk
APPROVED AS TO FORM:

Omar Sandoval, 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 42 42
Sri Chakravarthy
Sr. Vice President / P.E. 73629
DocuSign Envelope ID: 1ECFE0CE-CA24-4C76-8DC8-024706C95731

5.14.b
Packet Pg. 270
3 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.

DocuSign Envelope ID: 1ECFE0CE-CA24-4C76-8DC8-024706C95731

5.14.b
Packet Pg. 271
1 FIRST AMENDMENT
TO

CONSULTANT SERVICES AGREEMENT
This First Amendment to Public Works Agreement (“First Amendment”) is made and entered into as of July 1, 2024, by and between the City of Diamond Bar, a municipal corporation ( “City”), and Fehr & Peers, 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 June 15, 2021, which is incorporated herein by this reference (the “Original Agreement”); and
B. The City and the Contractor 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.

3. Compensation. The total not-to-exceed compensation set forth in Section 3 of the Original Agreement was the sum of Forty Thousand Dollars and Zero Cents ($40,000) and shall not exceed Forty Thousand Dollars and Zero Cents ($40,000) per Fiscal Year without the prior authorization of the City, subject to the rates described in the March 1, 2024 contract extension rate schedule attached hereto as Exhibit “A”.

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.

5.14.c
Packet Pg. 272

5.14.c
Packet Pg. 273
3 *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.

5.14.c
Packet Pg. 274
101 Pacifica | Suite 300 | Irvine, CA 92618 | (949) 308-6300 www.fehrandpeers.com

LETTER OF INTENT
TO PROVIDE ON‐CALL SUPPORT TO CITY OF DIAMOND BAR
Fehr & Peers is very pleased to continue supporting the City of Diamond Bar in providing on‐call transportation planning/engineering services and renew our current on‐call contract with the City for next two years (July 2024 to June 2026). Similar to the services we provided to the City previously, we will respond to City’s requests and provide transportation services on a time and materials basis. We assume the on‐call services will include but are not limited to the following tasks:
 Represent the City’s interest in reviewing transportation and land use development projects. This may include reviewing the traffic studies and design plans and participating in project‐related meetings per City’s request.  Assist the City to prepare planning studies or design documents/plans related to traffic safety, traffic calming, and other related areas. This may include attending meetings with other project stakeholders such as LA Metro and Caltrans.  Prepare a Report Card to monitor the changes in transportation system performance for the City of Diamond Bar streets.
 Provide assistance at City Council Study Session meetings as needed. This may include preparing presentation materials and attending the meetings.  Other transportation planning/engineering services per City’s request.

Anna Luo, P.E.

Principal
Fehr & Peers
March 1, 2024

5.14.c
Packet Pg. 275
Hourly Billing Rates
Classification Hourly Rate
Principal $250.00 - $380.00
Senior Associate $210.00 - $310.00
Associate $185.00 - $275.00
Senior Engineer/Planner $160.00 - $235.00
Engineer/Planner $130.00 - $200.00
Senior Engineering Technician $150.00 - $225.00
Senior Project Accountant $170.00 - $210.00
Senior Project Coordinator $130.00 - $215.00
Project Coordinator $115.00 - $175.00
Technician $120.00 - $185.00
Intern $100.00 - $135.00
• Personal auto mileage is reimbursed at the then current IRS approved rate (67 cents per mile as of Jan 2024).
• Voice & Data Communications (Telephone, fax, computer, e-mail, etc.) are invoiced at cost as a percentage of project labor.

5.14.c
Packet Pg. 276

5.14.c
Packet Pg. 277
1 May 29, 2024
Mr. Christian Malpica
City of Diamond Bar
21810 Copley Drive, 2nd Floor
Diamond Bar, CA 91765
RE: Request for Contract Extension – On-call Traffic Engineering Services Dear Christian,
Iteris, Inc. (Iteris) has been pleased to provide on-call traffic engineering services to the City of Diamond Bar (City). According to the “Consulting Services Agreement” dated June 14, 2021, our contract is going to expire on June 30, 2024. Therefore, I am writing to request for additional two (2) years contract extension through end of City’s Fiscal Year 25/26 or June 30, 2026, so we can continue to provide quality traffic engineering services to the City.

Our scope of work is to provide traffic engineering services to the City on an as-needed basis, including but are not limited to, the following:
• Monitor and fine-tune traffic signal timing citywide
• Respond to City’s request to check and/or adjust signal timing • Perform troubleshooting of Citywide ITS system (e.g. communications, CCTV, etc.) • Perform plan checking of traffic engineering plans prepared by others • Review traffic impact or parking studies prepared by others Our estimated annual not-to-exceed fee to provide the services described above is $80,000.

The following are the standard rates that will be in effect for the remainder of this two-year contract extension for general staff categories. These rates reflect a 3.9% escalation from our current rates per latest Consumer Price Index (CPI):

Classification Min Billing Rate Max Billing Rate
Support Staff $149 $182
Assistant Engineer/Planner $126 $140
Associate Engineer/Planner $140 $168
Engineer/Planner $176 $242
Senior Engineer/Planner/Manager $240 $270
Associate VP/Principal/Director I $257 $341
Associate VP/Principal/Director II $335 $373
VP/Chief Scientist $367 $401

5.14.d
Packet Pg. 278
2 Standard Terms and Conditions
• Billings will be monthly at the individual Categories and Maximum Rates for the persons actually performing the work during the performance period and are subject to annual adjustments. • Expenses will be billed at cost plus 10 percent for services and handling. Expenses include project-related costs, such as subcontractor services, traffic counts, postage/delivery service, reproduction, transportation, and subsistence.
• All mileage rates will be based upon IRS standard rates If this request is approved, please send me an official approval letter or Contract Amendment for our records.

Thank you very much for the opportunity to serve the City on various traffic engineering tasks. Please feel free to call me at 949-270-9633 should you have any questions.

Sincerely,
Iteris, Inc.

Bernard K. Li, EE, TE, PTOE
Vice President
Mobility Professional Services

5.14.d
Packet Pg. 279
kimley-horn.com 660 South Figueroa Street, Suite 2050, Los Angeles, CA 90017 213.261.4040 May 17, 2024
Christian Malpica
Associate Engineer
Public Works/Engineering Department
City of Diamond Bar
21810 Copley Drive
Diamond Bar, CA 91765
Re: Request for Extension of Professional On-Call Traffic and Transportation Engineering Services Contract Agreement
Dear Mr. Malpica:

Kimley-Horn and Associates, Inc. (“KHA” or “Consultant”) is pleased to submit this letter agreement to the City of Diamond Bar (“Client”) to extend our current 3-year On-Call Traffic and Transportation Engineering contract, dated July 1, 2021, which expires on June 30, 2024, for one additional 2-year term, subject to the same terms and conditions.

We appreciate the opportunity to continue to provide these services to you. Please contact us if you have any questions.

Sincerely,
KIMLEY-HORN AND ASSOCIATES, INC.

Sri Chakravarthy, P.E, T.E
Vice President
P.E. No.: 73629
Sowmya Chandrasekhar, P.E., T.E., P.T.O.E.

Project Manager
P.E. No.: 83100
Attachment: Kimley-Horn and Associates, Inc. - Hourly Labor Rate Schedule SIGNED:

PRINTED NAME: ______________________
TITLE:________________________________

5.14.e
Packet Pg. 280
kimley-horn.com 660 South Figueroa Street, Suite 2050, Los Angeles, CA 90017 213.261.4040 Kimley-Horn and Associates, Inc.
____________________________________
Hourly Labor Rate Schedule
Classification Rate
Analyst $157.87
Professional I $171.83
Professional II $200.46
Professional III $233.63
Sr Professional I $249.94
Sr Professional II $269.19
Sr Professional III $277.83
Sr Support $148.91
Support Staff $113.67
Rates effective 7/1/2024-3/31/2025
Subject to adjustment thereafter

5.14.e
Packet Pg. 281
101 Pacifica | Suite 300 | Irvine, CA 92618 | (949) 308-6300 www.fehrandpeers.com

Anna Luo, P.E.

Principal
Fehr & Peers
March 1, 2024

5.14.f
Packet Pg. 282
Hourly Billing Rates
Classification Hourly Rate
Principal $250.00 - $380.00
Senior Associate $210.00 - $310.00
Associate $185.00 - $275.00
Senior Engineer/Planner $160.00 - $235.00
Engineer/Planner $130.00 - $200.00
Senior Engineering Technician $150.00 - $225.00
Senior Project Accountant $170.00 - $210.00
Senior Project Coordinator $130.00 - $215.00
Project Coordinator $115.00 - $175.00
Technician $120.00 - $185.00
Intern $100.00 - $135.00
• Personal auto mileage is reimbursed at the then current IRS approved rate (67 cents per mile as of Jan 2024).
• Voice & Data Communications (Telephone, fax, computer, e-mail, etc.) are invoiced at cost as a percentage of project labor.

5.14.f
Packet Pg. 283
Agenda #: 5.15
Meeting Date: June 18, 2024
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: FIFTH AMENDMENT TO SERVICES AGREEMENT WITH TRANE U.S INC. FOR MECHANICAL AND BUILDING AUTOMATION SYSTEM

PREVENTATIVE MAINTENANCE AND REPAIR SERVICES THROUGH
JUNE 30, 2025.

STRATEGIC
GOAL: Safe, Sustainable & Healthy Community
RECOMMENDATION:

Approve, and authorize the City Manager to sign, the Fifth Amendment to the Maintenance Services Agreement with Trane U.S. Inc. dba Trane through June 30, 2025.

FINANCIAL IMPACT:

The total not-to-exceed amount for FY 2024/25 would be $75,535.30, including $55,068.95 for scheduled preventative maintenance and $20,466.35 for as-needed services and repairs. Sufficient funds are included in the amount of $75,535.30 in the Fiscal Year 2024/25 Operating Budget to cover the cost of such services. This includes the vendor’s request for a CPI increase of 3.9% pursuant to the Original Agreement.

BACKGROUND/DISCUSSION:

Over the years, the City has upgraded a number of its mechanical and building automation systems (BAS) with new Trane equipment. The current systems provide a more consistent environment in the facilities and a comprehensive method to manage our energy consumption. Preventative maintenance is a cornerstone in managing mechanical equipment's repair cost, efficiency, and life expectancy. This amendment will continue our comprehensive preventative maintenance program for all City facilities while ensuring all current warranties remain in place.

The City currently has three facilities that have building automation systems in place, which provide staff with the ability to remotely monitor the mechanical operations of the

5.15 Packet Pg. 284
seventeen (17) pieces of equipment and to make changes to schedules, setpoints, airflow, and temperature to optimize the overall efficiency of the systems.

The initial term of the Original Agreement entered into on June 18, 2019, was from July 1, 2019, to June 30, 2020. Consistent with Section 2 of the Original Agreement, Term of Agreement, the City Council has the option to extend the Agreement for up to five (5), one (1) year additional terms. This proposed extension represents the Fifth Amendment through June 30, 2025.

LEGAL REVIEW:

The City Attorney has reviewed and approved the amended Agreement as to form.

PREPARED BY:

REVIEWED BY:

Attachments:

1. 5.15.a Fifth Amendment to Maintenance Services Agreement with Trane (BAS) for FY 2024/25

5.15 Packet Pg. 285
1450826.1

FIFTH AMENDMENT
TO

MAINTENANCE SERVICES AGREEMENT
This Fifth Amendment to Maintenance Services Agreement (“Fifth Amendment”) is made and entered into as of June 18, 2024, by and between the City of Diamond Bar, a municipal corporation (“City”), and Trane U.S. Inc. dba Trane (herein referred to as the “Contractor”) with reference to the following:

A. The City and the Contractor entered into that certain Maintenance Services Agreement dated as of June 18, 2020, which is incorporated herein by this reference (the “Original Agreement”); and
B. The City and the Contractor entered into the First Amendment dated as of - June 16, 2020, Second Amendment dated as of June 15, 2021, Third Amendment dated as of July 19, 2022 and Fourth Amendment as of July 18, 2023, which are incorporated herein by this reference (“First, Second Third & Fourth Amendment”), which First, Second, Third & Fourth Amendments and Original Agreement collectively are referred to herein as the "Agreement";
C. The City and the Contractor desire to amend the Agreement as provided herein.

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. Term. The Term of the Agreement as amended by the Fourth Amendment is from July 1, 2023 to June 30, 2024. This Fifth Amendment extends the term from July 1, 2024 to June 30, 2025.

3. Compensation. The total not-to-exceed compensation set forth in Section 3 of the Original Agreement, was the sum of forty-five thousand seventy-six dollars ($45,076) per fiscal year. The First Amendment amended Section 3 of the Original Agreement to provide for a total not-to-exceed compensation in the sum of sixty-five thousand dollars ($65,000) per fiscal year. The Second Amendment amended Section 3 of the First Amendment to provide for a total not-to-exceed compensation in the sum of sixty-six thousand six hundred twenty-five dollars ($66,625) for fiscal year 2021-2022. The Third Amendment amended Section 3 of the Second Amendment to provide for a total not-toexceed compensation in the sum of seventy thousand six hundred sixty-four dollars ($70,664) for fiscal year 2022-2023. The Fourth Amendment amended Section 3 of the Third Amendment to provide not-to-exceed compensation in the sum of seventy-two thousand seven hundred dollars ($72,700) for fiscal year 2023-2024. Section 3 of the Fourth Amendment is hereby amended to provide for a 3.9% CPI increase of two thousand eight hundred thirty-five dollars and thirty cents ($2,835.30) so that the total not-to-exceed compensation, as amended by this Fifth Amendment shall not exceed seventy-five

5.15.a
Packet Pg. 286
thousand five hundred thirty-five dollars and thirty cents ($75,535.30) for fiscal year July 1, 2024 through June 30, 2025 without the prior authorization of the City

4. Integration. This Fifth Amendment and all attachments hereto (if any) integrate all of the terms and conditions mentioned herein, and supersede all negotiations with respect hereto. This Fifth Amendment amends, as set forth herein, the Original Agreement and 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 Fifth Amendment and the terms and provisions of the Original Agreement, the terms and provisions of this Fifth Amendment shall control.

IN WITNESS hereof, the parties enter into this Fifth Amendment on the year and day first above written.
“CONTRACTOR” “CITY”
Trane U.S. Inc. dba Trane CITY OF DIAMOND BAR
*By: By:

Printed Name: Dan Fox, City Manager
Title:
*By: ATTEST:

Printed Name:

Title:

Kristina Santana, City Clerk
APPROVED AS TO FORM:

Omar Sandoval, 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.

5.15.a
Packet Pg. 287
©2024 Trane All rights reserved Page 1 of 3 Scheduled Service Agreement Trane U.S. Inc.
3253 East Imperial Hwy.

Brea, CA 92821
Phone: (714) 983-0505

TRANE SERVICE AGREEMENT RENEWAL

PRICING & ACCEPTANCE
May 6, 2024
Attention: Jason Williams
Cell: 909-518-4841
Direct: 909-839-7059
Email: [email protected]
Diamond Bar – Pantera Park
Diamond Bar – Heritage Park
Diamond Bar – City Hall
Diamond Bar – Community Center
Thank you for the opportunity to be of service. We are pleased to offer our renewal of Mechanical, BAS, and Building Performance Services which will expire on June 30th, 2024. We are proposing extending this agreement for a term of 1 year. The adjusted Service Fee for the renewal term is provided below:

Note: 2024-2025 adjusted scope listed below.
 A one-time 3.00 % discount is offered for full payment of 1 year(s) in advance. Invoice would be issued at start of contract and is due net-15 days from date of invoice. Please check the box for this option.

This agreement is effective from July 1st, 2024 through June 30th, 2025. Termination of this agreement by either party may be given in writing at least 30 days prior to the end of the anniversary date. On the anniversary of the effective date, the price herein may be adjusted to reflect Trane’s increased/decreased costs, notice of which will be given to you at least 30 days prior to the anniversary date.

Contracts
Pantera Park Contract #2233 (Proposal ID: 2724449)
Heritage Park Contract #2134 (Proposal ID: 2724499)
City Hall Contract #2135 (Proposal ID: 2724561)
Community Center Contract #2136 (Proposal ID: 2724577)
Scope of Service
The Scope of Service for the new agreement period for the mechanical scope will remain unchanged but the controls scope will be adjusted to the below scope and BAS coverage for Heritage Park will be removed.

Covered Equipment
Location Annual Price
(2023-2024)
Annual Price
(2024-2025)
(2024-2025)
Quarterly Payments CPI Adjustment
Pantera Park $3,427.35 $3,561.02 $890.25 $133.67
Heritage Park $10,501.02 $3,615.49 $903.87 $135.71
City Hall $17,467.78 $22,788.39 $5,697.10 $855.39
Community Center $20,527.10 $25,104.01 $6,276.00 $942.31 2023-2024 Contract
Total
2024-2025 Contract
Total Quarterly Payments Total CPI Adjustment
$51,923.25 $55,068.90 $13,767.23 $2,067.07
Equipment Model # Serial # Location
Carrier Split System 38QRC0C300 2696X28905 Pantera Park Trane RTU YCH240E3L0BC 104610745D Heritage Park
Trane Tracer SC BMSC000AAA011000 E13C61487 City Hall
Trane Intellipak SXHKC9040N87 C18H05843 City Hall

5.15.a
Packet Pg. 288
©2024 Trane All rights reserved Page 2 of 3 Scheduled Service Agreement If you wish to continue with this service, please sign below and return to us for implementation. We value your business and look forward to continuing to serve and contribute to your organization’s success.

Submitted by: Lee Ostrander, Account Manager, (818) 253-5823, [email protected] Proposal Dated: May 6, 2024

CUSTOMER ACCEPTANCE TRANE ACCEPTANCE
Authorized Representative Authorized Representative
Name/Title Title
Acceptance Date Acceptance Date
Purchase Order Number
Trane Intellipak SXHKC9040N87 C18H05844 City Hall
Trane Split System TTA073H40RAA 17082LSCYA City Hall
Trane Split System TTA073H40RAA 17113NPRYA City Hall
Trane Tracer SC BMSB001AAA000 E14E61412 Community Center Trane RTU YHC036A4RMA11 332101034L Community Center
Trane RTU YHC036A4RMA11 332101383L Community Center
Trane RTU YHC036A4RMA11 332101364L Community Center
Trane RTU YHC036A4RMA11 332101337L Community Center
Trane RTU YHC036A4RMA11 332101307L Community Center
Trane RTU YHC036A4RMA11 332101226L Community Center
Trane RTU YHC060A4RMA16 332101235L Community Center
Trane RTU YHC060A4RMA16 332101074L Community Center
Trane RTU YHC092A4RMA13 332101133L Community Center
Energy Labs Inc RTU 0301-2329-1 C89126-FR-L Community Center Raypack Boiler H8-0992B 1501392575 Community Center
Fujitsu CRAC Units AOU12RLS3 QTN014100 Community Center

5.15.a
Packet Pg. 289
©2024 Trane All rights reserved Page 3 of 3 Scheduled Service Agreement

BAS ADJUSTED SCOPE
As a service partner, Trane puts more knowing behind our doing. Data from your building enables Trane service technicians to focus their time and attention more productively. With analytics running constantly, Trane knows what’s working fine, which issues need attention immediately—and which can wait—before our technicians ever enter your building.

BUILDING PERFORMANCE REVIEWS
Building Performance reviews unleashes the power of building data to uncover hidden opportunities for improvement. Using the collected data, Trane building professionals provide recommendations for improvements that are targeted to your business goals. Continued efficient performance and additional gains are ensured through ongoing analysis.

Advantages:
 Identify when HVAC systems or subsystems are operating inefficiently through system-wide assessments
 Optimize HVAC equipment runtime (reducing wear and tear and sustaining efficiency gains) based on the continuous, automated system analytics
 Reduce operational costs and energy consumption by implementing the service actions suggested by Trane building professionals
Expected Outcomes:
 Enables Priority scheduling.
 Bi-Annual remote inspections by Trane Remote Support Technician:
o Perform Trane remote diagnostics checks and troubleshooting.  Bi-Annual onsite optimization inspections by Trane Services Technician:
o Onsite inspections of Trane performance findings.
 Enables 24/7 Data Analytic Monitoring
o Data trends will be enabled on all connected Trane equipment  Operator coaching
 Tracer SC software maintenance

5.15.a
Packet Pg. 290
©2024 Trane All rights reserved Page 4 of 5 Scheduled Service Agreement SCOPE OF SERVICES — BAS STANDARD INCLUSIONS
Trane will review the building automation system to minimize software problems identify and correct programming errors, failed points, points in alarm and points that have been overridden. Software optimization improves system efficiency, assures compliance to specified conditions, and reduces the risk of costly and disruptive system problems. Regularly scheduled on-site visits by Trane technicians also provide the opportunity to meet with on-site operators, review the system and address any questions or concerns they may have.

CONTROL LOOP TUNING
Loop Tuning assures the system is operating at peak performance for the upcoming season. Operators may make manual changes during the heating or cooling season to accommodate current comfort requirements. During Control Loop Tuning, any changes that were made in previous months are reviewed and adjusted to accommodate changing seasonal conditions. The operation of mechanical loop components is verified, as well.

SEQUENCE OF OPERATION VERIFICATION
Sequence of Operation Verification assures the system is operating as intended. During this assessment, unreleased manual overrides are discovered, scheduling discrepancies are corrected, and appropriate set point values are evaluated.

TRACER DATABASE BACKUP
Throughout the year, changes are continuously being made to the database in response to energy efficiency, occupant comfort or operator interface issues. Trane maintains current and archived backups of all vital Tracer databases to expedite system recovery and restoration to the last known set-up following a catastrophic event.

SOFTWARE SERVICE PACK UPDATES, SMP RENEWALS AND LICENSING Included in this agreement will be all Software Maintenance Plans (SMP’s) and yearly licensing fees needed for the existing SC. The SMP includes SC+ software version updates (typically 2 per year) and any additional service packs that are released. Having an up to date SMP will keep your SC+ utilizing the most current operational, security, and compatibility features available.

OPERATOR COACHING
During regularly scheduled visits, Trane technicians will work with on-site operators to develop their skills and proficiencies to help ensure they fully understand how to effectively use the system.

KNOWLEDGE TRANSFER
Documentation - Work performed on your equipment will be documented by the technician and reviewed with you at the completion of each visit.

Operational System Optimization - Trane Service Technicians will review operating sequences and practices for the equipment covered by the agreement and advise you of operational improvement opportunities.

5.15.a
Packet Pg. 291
©2024 Trane All rights reserved Page 5 of 5 Scheduled Service Agreement COVID-19 NATIONAL EMERGENCY CLAUSE
The parties agree that they are entering into this Agreement while the nation is in the midst of a national emergency due to the Covid-19 pandemic (“Covid-19 Pandemic”). With the continued existence of Covid-19 Pandemic and the evolving guidelines and executive orders, it is difficult to determine the impact of the Covid-19 Pandemic on Trane’s performance under this Agreement.

Consequently, the parties agree as follows:

1. Each party shall use commercially reasonable efforts to perform its obligations under the Agreement and to meet the schedule and completion dates, subject to provisions below;

2. Each party will abide by any federal, state or local orders, directives, or advisories regarding the Covid-19 Pandemic with respect to its performance of its obligations under this Agreement and each shall have the sole discretion in determining the appropriate and responsible actions such party shall undertake to so abide or to safeguard its employees, subcontractors, agents and suppliers;

3. Each party shall use commercially reasonable efforts to keep the other party informed of pertinent updates or developments regarding its obligations as the Covid-19 Pandemic situation evolves; and

4. If Trane’s performance is delayed or suspended as a result of the Covid-19 Pandemic, Trane shall be entitled to an equitable adjustment to the project schedule and/or the contract price.

5.15.a
Packet Pg. 292
©2024 Trane All rights reserved Page 6 of 5 Scheduled Service Agreement TERMS AND CONDITIONS – SERVICE
“Company” shall mean Trane U.S. Inc. dba Trane for Company performance in the United States and Trane Canada ULC for Company performance in Canada.

1. Agreement. These terms and conditions (“Terms”) are an integral part of Company’s offer and form the basis of any agreement (the “Agreement”) resulting from Company’s proposal (the “Proposal”) for the following commercial services as stated in the Proposal (collectively, the “Services”): inspection, maintenance and repair (the “Maintenance Services”) on equipment (the “Covered Equipment”), specified Additional Work (if any), and, if included in the Proposal, Intelligent Services, Energy Assessment, Energy Performance Solutions, and any other services using remote connectivity (collectively and individually referred to in these Terms as “Energy and Building Performance Services”). COMPANY’S TERMS ARE SUBJECT TO PERIODIC CHANGE OR AMENDMENT.

2. Connected Services. In addition to these terms and conditions, the Connected Services Terms of Service (“Connected Services Terms”), available at https://www.trane.com/TraneConnectedServicesTerms, as updated from time to time, are incorporated herein by reference and shall apply to the extent that Company provides Customer with Connected Services, as defined in the Connected Services Terms.

3. Acceptance. The Proposal is subject to acceptance in writing by the party to whom this offer is made or an authorized agent (“Customer”) delivered to Company within 30 days from the date of the Proposal. If Customer accepts the Proposal by placing an order, without the addition of any other terms and conditions of sale or any other modification, Customer’s order shall be deemed acceptance of the Proposal subject to these Terms and Conditions. If Customer’s order is expressly conditioned upon Company’s acceptance or assent to terms and/or conditions other than those expressed herein, return of such order by Company with Company’s Terms and Conditions attached or referenced serves as Company’s notice of objection to Customer’s terms and as Company’s counteroffer to perform in accordance with the Proposal and Company Terms and Conditions. If Customer does not reject or object in writing to Company within 10 days, Company’s counteroffer will be deemed accepted. Customer’s acceptance of performance by Company will in any event constitute an acceptance by Customer of Company’s Terms and Conditions. This Agreement is subject to credit approval by Company. Upon disapproval of credit, Company may delay or suspend performance or, at its option, renegotiate prices and/or Terms and Conditions with Customer. If Company and Customer are unable to agree on such revisions, this Agreement shall be cancelled without any liability, other than Customer’s obligation to pay for Services provided by Company to the date of cancellation.

4. Fees and Taxes. Fees for the Services (the “Service Fees”) are as set forth in the Proposal. Except as otherwise stated in the Proposal, Service Fees are based on performance during regular business hours. Charges for performance outside Company’s normal business hours shall be billed separately according to the then prevailing overtime or emergency labor/labour rates. In addition to the stated Service Fees, Customer shall pay all taxes not legally required to be paid by Company or, alternatively, shall provide Company with an acceptable tax exemption certificate.

5. Payment. Payment is due upon receipt of Company’s invoice. Service Fees shall be paid no less frequently than quarterly and in advance of performance of the Services. Company reserves the right to add to any account outstanding for more than 30 days a service charge equal to the lesser of the maximum allowable legal interest rate or 1.5% of the principal amount due at the end of each month. Without liability to Customer, Company may discontinue performance whenever payment is overdue.

Customer shall pay all costs (including attorneys’ fees) incurred by Company in attempting to collect amounts due or otherwise enforcing this Agreement.

6. Customer Breach. Each of the following constitutes a breach by Customer and shall give Company the right, without an election of remedies, to suspend performance or terminate this Agreement by delivery of written notice declaring termination. Upon termination, Customer shall be liable to the Company for all Services furnished to date and all damages sustained by Company (including lost profit and overhead): (a) Any failure by Customer to pay amounts when due; (b) any general assignment by Customer for the benefit of its creditors, Customer’s bankruptcy, insolvency, or receivership; (c) Any representation or warranty furnished by Customer in connection with this Agreement is false or misleading in any material respect when made; or (d) Any failure by Customer to perform or comply with any material provision of this Agreement.

7. Performance. Company shall perform the Services in accordance with industry standards generally applicable in the state or province where the Services are performed under similar circumstances when Company performs the Services. Company may refuse to perform where working conditions could endanger property or put people at risk. Unless otherwise agreed by Customer and Company, at Customer’s expense and before the Services begin, Customer will provide any necessary access platforms, catwalks to safely perform the Services in compliance with OSHA, state, or provincial industrial safety regulations or any other applicable industrial safety standards or guidelines. This Agreement presupposes that all major pieces of Covered Equipment are in proper operating condition as of the date hereof. Services furnished are premised on the Covered Equipment being in a maintainable condition. In no event shall Company have any obligation to replace Covered Equipment that is no longer maintainable. During the first 30 days of this Agreement, or upon initial inspection, and/or upon seasonal start-up (if included in the Services), if an inspection by Company of Covered Equipment indicates repairs or replacement is required, Company will provide a written quotation for such repairs or replacement. If Customer does not authorize such repairs or replacement, Company may remove the unacceptable equipment from the Covered Equipment and adjust the Service Fees accordingly. Customer authorizes Company to utilize Customer’s telephone line or network infrastructure to connect to controls, systems and/or equipment provided or serviced by Company and to provide Services contracted for or otherwise requested by Customer, including remote diagnostic and repair service. Customer acknowledges that Company is not responsible for any adverse impact to Customer’s communications and network infrastructure. Company may elect to install/attach to Customer equipment or provide portable devices (hardware and/or software) for execution of control or diagnostic procedures. Such devices shall remain the personal proprietary property of Company and in no event shall become a fixture of Customer locations. Customer shall not acquire any interest, title or equity in any hardware, software, processes, and other intellectual or proprietary rights to devices used in connection with the Services on Customer equipment. Company may remove such devices at its discretion. Parts used for any repairs made will be those selected by Company as suitable for the repair and may be parts not manufactured by Company.

8. Customer Obligations. Customer shall: (a) Provide Company reasonable and safe access to the Covered Equipment and areas where Company is to work; (b) Follow manufacturer recommendations concerning teardown and internal inspection, major overhaul, restoration or refurbishing of the Covered Equipment; unless expressly stated in the Scope of Services statement, Company is not performing any manufacturer recommended teardown and internal inspection, major overhaul, restoration or refurbishing of the Covered Equipment; and (c) Where applicable, unless water treatment is expressly included in the Services, provide professional cooling tower water treatment in accordance with any reasonable recommendations provided by Company.

9. Exclusions. Unless expressly included in the Covered Equipment or the Services, the Services do not include, and Company shall not be responsible for or liable to the Customer for any claims, losses, damages or expenses suffered by the Customer in any way connected with, relating to or arising from, any of the following: (a) Any guarantee of room conditions or system performance; (b) Inspection, maintenance, repair, replacement of or services for: chilled water and condenser water pumps and piping; electrical disconnect switches or circuit breakers; motor starting equipment that is not factory mounted and interconnecting power wiring; recording or portable instruments, gauges or thermometers; non-moving parts or non-maintainable parts of the system, including, but not limited to, storage tanks; pressure vessels, shells, coils, tubes, housings, castings, casings, drain pans, panels, duct work; piping: hydraulic, hydronic, pneumatic, gas, or refrigerant; insulation; pipe covering; refractory material; fuses, unit cabinets; electrical wiring; ductwork or conduit; electrical distribution system; hydronic structural supports and similar items; the appearance of decorative casing or cabinets; damage sustained by other equipment or systems; and/or any failure, misadjustment or design deficiencies in other equipment or systems; (c) Damage, repairs or replacement of parts made necessary as a result of electrical power failure, low voltage, burned out main or branch fuses, low water pressure, vandalism, misuse or abuse, wear and tear, end of life failure, water damage, improper operation, unauthorized alteration of equipment, accident, acts or omissions of Customer or others, damage due to freezing weather, calamity, malicious act, or any Event of Force Majeure; (d) Any damage or malfunction resulting from vibration, electrolytic action, freezing, contamination, corrosion, erosion, or caused by scale or sludge on internal tubes except where water treatment protection services are provided by Company as part of this Agreement; (e) Furnishing any items of equipment, material, or labor/labour, or performing special tests recommended or required by insurance companies or federal, state, or local governments; (f) Failure or inadequacy of any structure or foundation supporting or surrounding the equipment to be worked on or any portion thereof; (g) Building access or alterations that might be necessary to repair or replace Customer’s existing equipment; (h) The normal function of starting and stopping equipment or the opening and closing of valves, dampers or regulators normally installed to protect equipment against damage; (i) Valves that are not factory mounted: balance, stop, control, and other valves external to the device unless specifically included in the Agreement; (j) Any responsibility for design or redesign of the system or the Covered Equipment, obsolescence, safety tests, or removal or reinstallation of valve bodies and dampers; (k) Any services, claims, or damages arising out of Customer’s failure to comply with its obligations under this Agreement; (l) Failure of Customer to follow manufacturer recommendations concerning teardown and internal inspection, overhaul and refurbishing of equipment; (m) Any claims, damages, losses, or expenses, arising from or related to conditions that existed in, on, or upon the premises before the effective date of this Agreement (“Pre-Existing Conditions”), including, without limitation, damages, losses, or expenses involving pre-existing building envelope issues, mechanical issues, plumbing issues, and/or indoor air quality issues involving mold/mould and/or fungi; (n) Replacement of refrigerant is excluded, unless replacement of refrigerant is expressly stated as included within the Services, in which case replacement shall in no event exceed the stated percentage of rated system charge per year expressly stated in the Services; (o) crane or rigging costs; (p) Any Services, claims, or damages arising out of refrigerant not supplied by Company. Customer shall be responsible for: (i) The cost of any additional replacement refrigerant; (ii) Operation of any equipment; and (iii) Any claims, damages, losses, or expenses, arising from or related to work done by or services provided by individuals or entities that are not employed by or hired by Company.

10. Limited Warranty. Company warrants that: (a) the material manufactured by Company and provided to Customer in performance of the Services is free from defects in material and manufacture for a period of 12 months from the earlier of the date of equipment start-up or replacement; and (b) the labor/labour portion of the Maintenance Services and Additional Work has been properly performed for a period of 90 days from date of completion (the "Limited Warranty"). Company obligations of equipment

5.15.a
Packet Pg. 293
©2024 Trane All rights reserved Page 7 of 5 Scheduled Service Agreement start-up, if any are stated in the Proposal, are coterminous with the Limited Warranty period. Defects must be reported to Company within the Limited Warranty period.

Company’s obligation under the Limited Warranty is limited to repairing or replacing the defective part at its option and to correcting any labor/labour improperly performed by Company. No liability whatsoever shall attach to Company until the Maintenance Services and Additional Work have been paid for in full. Exclusions from this Warranty include claims, losses, damages and expenses in any way connected with, related to or arising from failure or malfunction of equipment due to the following: wear and tear; end of life failure; corrosion; erosion; deterioration; Customer's failure to follow the Company-provided maintenance plan; unauthorized or improper maintenance; unauthorized or improper parts or material; refrigerant not supplied by Company; and modifications made by others to equipment. Company shall not be obligated to pay for the cost of lost refrigerant or lost product. Some components of equipment manufactured by Company may be warranted directly from the component supplier, in which case this Limited Warranty shall not apply to those components and any warranty of such components shall be the warranty given by such component supplier.

Notwithstanding the foregoing, all warranties provided herein terminate upon termination or cancellation of this Agreement. Equipment, material and/or parts that are not manufactured by Company (“Third-Party Product(s)”) are not warranted by Company and have such warranties as may be extended by the respective manufacturer.

CUSTOMER UNDERSTANDS THAT COMPANY IS NOT THE MANUFACTURER OF ANY THIRD-PARTY PRODUCT(S) AND ANY WARRANTIES, CLAIMS, STATEMENTS, REPRESENTATIONS,

OR SPECIFICATIONS ARE THOSE OF THE THIRD-PARTY MANUFACTURER, NOT COMPANY AND CUSTOMER IS NOT RELYING ON ANY WARRANTIES, CLAIMS, STATEMENTS, REPRESENTATIONS, OR SPECIFICATIONS REGARDING THE THIRD-PARTY PRODUCT THAT MAY BE PROVIDED BY COMPANY OR ITS AFFILIATES, WHETHER ORAL OR WRITTEN.

THE REMEDIES SET FORTH IN THIS LIMITED WARRANTY ARE THE SOLE AND EXCLUSIVE REMEDIES FOR WARRANTY CLAIMS PROVIDED BY COMPANY TO CUSTOMER UNDER THIS

AGREEMENT AND ARE IN LIEU OF ALL OTHER WARRANTIES AND LIABILITIES, LIABILITIES, CONDITIONS AND REMEDIES, WHETHER IN CONTRACT, WARRANTY, STATUTE OR TORT (INCLUDING NEGLIGENCE), EXPRESS OR IMPLIED, IN LAW OR IN FACT, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND/OR OTHERS ARISING FROM COURSE OF DEALING OR TRADE. COMPANY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES, ENDORSEMENTS OR

CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF QUALITY, FITNESS, MERCHANTABILITY, DURABILITY AND/OR OTHERS ARISING FROM COURSE OF DEALING OR TRADE OR REGARDING PREVENTION BY THE SCOPE OF SERVICES, OR ANY COMPONENT THEREOF. NO REPRESENTATION OR WARRANTY OF ANY

KIND, INCLUDING WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE, REGARDING PREVENTING, ELIMINATING, REDUCING OR INHIBITING ANY MOLD, FUNGUS, BACTERIA, VIRUS, MICROBIAL GROWTH, OR ANY OTHER CONTAMINANTS (INCLUDING COVID-19 OR ANY SIMILAR VIRUS) (COLLECTIVELY, “CONTAMINANTS”), WHETHER INVOLVING OR IN CONNECTION WITH EQUIPMENT, ANY COMPONENT THEREOF, SERVICES OR OTHERWISE. IN NO EVENT SHALL COMPANY HAVE ANY LIABILITY FOR THE PREVENTION, ELIMINATION, REDUCTION OR INHIBITION OF THE GROWTH OR SPREAD OF SUCH CONTAMINANTS INVOLVING OR IN CONNECTION WITH ANY EQUIPMENT, THIRDPARTY PRODUCT, OR ANY COMPONENT THEREOF, SERVICES OR OTHERWISE AND CUSTOMER HEREBY SPECIFICALLY ACKNOWLDGES AND AGREES THERETO.

11. Indemnity. To the maximum extent permitted by law, Company and Customer shall indemnify and hold harmless each other from any and all claims, actions, costs, expenses, damages and liabilities, including reasonable attorneys' fees, resulting from death or bodily injury or damage to real or personal property, to the extent caused by the negligence or misconduct of the indemnifying party, and/or its respective employees or other authorized agents in connection with their activities within the scope of this Agreement. Neither party shall indemnify the other against claims, damages, expenses, or liabilities to the extent attributable to the acts or omissions of the other party or third parties. If the parties are both at fault, the obligation to indemnify shall be proportional to their relative fault. The duty to indemnify and hold harmless will continue in full force and effect, notwithstanding the expiration or early termination of this Agreement, with respect to any claims based on facts or conditions that occurred prior to expiration or termination of this Agreement.

12. Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY, NEITHER PARTY SHALL BE LIABLE FOR SPECIAL, INCIDENTAL, INDIRECT,

OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION REFRIGERANT LOSS, PRODUCT LOSS, LOST REVENUE OR

PROFITS, OR LIABILITY TO THIRD PARTIES), OR CONTAMINANTS LIABILITIES, OR PUNITIVE DAMAGES WHETHER BASED IN CONTRACT, WARRANTY, STATUTE, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, INDEMNITY OR ANY OTHER LEGAL THEORY OR FACTS. NOTWITHSTANDING ANY OTHER

PROVISION OF THIS AGREEMENT, THE TOTAL AND AGGREGATE LIABILITY OF THE COMPANY TO THE CUSTOMER WITH RESPECT TO ANY AND ALL

CLAIMS CONNECTED WITH, RELATED TO OR ARISING FROM THE PERFORMANCE OR NON-PERFORMANCE OF THIS AGREEMENT, WHETHER BASED IN

CONTRACT, WARRANTY, STATUTE, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, INDEMNITY OR ANY OTHER LEGAL THEORY OR FACTS, SHALL NOT EXCEED THE COMPENSATION RECEIVED BY COMPANY OVER THE 12 MONTH PERIOD PRECEDING THE DATE OF OCCURRENCE FOR THE SERVICES AND ADDITIONAL WORK FOR THE LOCATION WHERE THE LOSS OCCURRED. IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY DAMAGES (WHETHER

DIRECT OR INDIRECT) RESULTING FROM MOLD/MOULD, FUNGUS, BACTERIA, MICROBIAL GROWTH, OR OTHER CONTAMINATES OR AIRBORNE BIOLOGICAL AGENTS. TO THE MAXIMUM EXTENT ALLOWED BY LAW, COMPANY SHALL NOT BE LIABLE FOR ANY OF THE FOLLOWING IN CONNECTION WITH PROVIDING THE ENERGY AND BUILDING PERFORMANCE SERVICES: INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION; CUSTOMER’S NETWORK SECURITY; COMPUTER VIRUS; COMMUNICATION FAILURE; THEFT OR DESTRUCTION OF DATA; GAPS IN DATA COLLECTED; AND UNAUTHORIZED ACCESS TO CUSTOMER’S DATA OR COMMUNICATIONS NETWORK.

13. CONTAMINANTS LIABILITY
The transmission of COVID-19 may occur in a variety of ways and circumstances, many of the aspects of which are currently not known. HVAC systems, products, services and other offerings have not been tested for their effectiveness in reducing the spread of COVID-19, including through the air in closed environments. IN NO EVENT WILL

COMPANY BE LIABLE UNDER THIS AGREEMENT OR OTHERWISE FOR ANY INDEMNIFICATION, ACTION OR CLAIM, WHETHER BASED ON WARRANTY,

CONTRACT, TORT OR OTHERWISE, FOR ANY BODILY INJURY (INCLUDING DEATH) DAMAGE TO PROPERTY, OR ANY OTHER LIABILITIES, DAMAGES OR COSTS RELATED TO CONTAMINANTS (INCLUCING THE SPREAD, TRANSMISSION OR CONTAMINATION THEREOF) (COLLECTIVELY, “CONTAMINANTS LIABILITIES”) AND CUSTOMER HEREBY EXPRESSLY RELEASES COMPANY FROM ANY SUCH CONTAMINANTS LIABILITIES.

14. Asbestos and Hazardous Materials. The Services expressly exclude any identification, abatement, cleanup, control, disposal, removal or other work connected with asbestos polychlorinated biphenyl (“PCB”), or other hazardous materials (collectively, “Hazardous Materials”). Customer warrants and represents that there are no Hazardous Materials on the premises that will in any way affect Company’s performance, except as set forth in a writing signed by Company disclosing the existence and location of any Hazardous Materials in all areas within which Company will be performing. Should Company become aware of or suspect the presence of Hazardous Materials, Company may immediately stop work in the affected area and notify Customer. Customer will be responsible for correcting the condition in accordance with all applicable laws and regulations. Customer shall be exclusively responsible for and shall indemnify and hold harmless Company (including its employees, agents and subcontractors) from and against any loss, claim, liability, fees, penalties, injury (including death) or liability of any nature, and the payment thereof, arising out of or relating to any Hazardous Materials on or about the premises, not brought onto the premises by Company. Company shall be required to resume performance only in the absence of Hazardous Materials or when the affected area has been rendered harmless. In no event shall Company be obligated to transport or handle Hazardous Materials, provide any notices to any governmental agency, or examine the premises site for the presence of Hazardous Materials.

15. Insurance. Company agrees to maintain the following insurance during the term of this Agreement with limits not less than shown below and will, upon request from Customer, provide a Certificate of evidencing the following coverage:

Commercial General Liability $2,000,000 per occurrence
Automobile Liability $2,000,000 CSL
Workers Compensation Statutory Limits
If Customer has requested to be named as an additional insured under Company’s insurance policy, Company will do so but only subject to Company’s manuscript additional insured endorsement under its primary Commercial General Liability policies. In no event does Company or its insurer waive rights of subrogation.

16. Force Majeure. Company’s duty to perform under this Agreement is contingent upon the non-occurrence of an Event of Force Majeure. If Company is unable to carry out any material obligation under this Agreement due to an Event of Force Majeure, this Agreement shall at Company’s election (i) remain in effect but Company’s obligations shall be suspended until the uncontrollable event terminates or (ii) be terminated upon 10 days’ notice to Customer, in which event Customer shall pay Company for all parts of the Services furnished to the date of termination. An "Event of Force Majeure" shall mean any cause or event beyond the control of Company. Without limiting the foregoing, “Event of Force Majeure” includes: acts of God; acts of terrorism, war or the public enemy; flood; earthquake; lightning; tornado; storm; fire; civil disobedience; pandemic; insurrections; riots; labor/labour disputes; labor/labour or material shortages from the usual sources of supply; sabotage; restraint by court order or public authority (whether valid or invalid), and action or non-action by or inability to obtain or keep in force the necessary governmental authorizations, permits, licenses, certificates or approvals if not caused by Company; and the requirements of any applicable government in any manner that diverts either the material or the finished product to the direct or indirect benefit of the government.

17. Maintenance Services Other Than Solely Scheduled Service. If Company’s Maintenance Services hereunder are not limited solely to Scheduled Service, the following provisions shall also apply: (a) Required restoration shall be performed by Customer at its cost prior to Company being obligated to perform hereunder; (b) any changes, adjustments, service or repairs made to the Equipment by any party other than Company, unless approved by Company in writing, may, at Company’s option, terminate Company’s obligation to render further service to the Equipment so affected; in such case no refund of any portion of the Service Fees shall be made; and (c) Customer shall (i) promptly notify Company of any unusual performance of Equipment; (ii) permit only Company personnel to repair or adjust Equipment and/or controls during the Term or a Renewal Term; and (iii) utilize qualified personnel to properly operate the Equipment in accordance with the applicable operating manuals and recommended procedures.

5.15.a
Packet Pg. 294
©2024 Trane All rights reserved Page 8 of 5 Scheduled Service Agreement

18. General. Except as provided below, to the maximum extent provided by law, this Agreement is made and shall be interpreted and enforced in accordance with the laws of the state or province in which Company performs the Services. Any dispute arising under or relating to this Agreement shall be decided by litigation in a court of competent jurisdiction located in the state or province in which the Services are performed. To the extent the premises are owned and/or operated by any agency of the United States Federal Government, determination of any substantive issue of law shall be according to the United States Federal common law of Government contracts as enunciated and applied by United States Federal judicial bodies and boards of contract appeals of the United States Federal Government. This Agreement contains all of the agreements, representations and understandings of the parties and supersedes all previous understandings, commitments or agreements, oral or written, related to the Services. If any term or condition of this Agreement is invalid, illegal or incapable of being enforced by any rule of law, all other Terms of this Agreement will nevertheless remain in full force and effect as long as the economic or legal substance of the transaction contemplated hereby is not affected in a manner adverse to any party hereto.

Customer may not assign, transfer, or convey this Agreement, or any part hereof, without the written consent of Company. Subject to the foregoing, this Agreement shall bind and inure to the benefit of the parties hereto and their permitted successors and assigns. This Agreement may be executed in several counterparts, each of which when executed shall be deemed to be an original, but all together shall constitute but one and the same Agreement. A fully executed facsimile copy hereof or the several counterparts shall suffice as an original. Customer may not assign, transfer, or convey this Agreement, or any part hereof, or its right, title or interest herein, without the written consent of Company. Subject to the foregoing, this Agreement shall be binding upon and inure to the benefit of the parties’ respective successors and assigns. No failure or delay by the Company in enforcing any right or exercising any remedy under this Agreement shall be deemed to be a waiver by the Company of any right or remedy.

19. Equal Employment Opportunity/Affirmative Action Clause. Company is a federal contractor that complies fully with Executive Order 11246, as amended, and the applicable regulations contained in 41 C.F.R. Parts 60-1 through 60-60, 29 U.S.C. Section 793 and the applicable regulations contained in 41 C.F.R. Part 60-741; and 38 U.S.C. Section 4212 and the applicable regulations contained in 41 C.F.R. Part 60-250 Executive Order 13496 and Section 29 CFR 471, appendix A to subpart A, regarding the notice of employee rights In the United States and with Canadian Charter of Rights and Freedoms Schedule B to the Canada Act 1982 (U.K.) 1982, c. 11 and applicable Provincial Human Rights Codes and employment law in Canada.

20. U.S. Government Services. The following provision applies only to direct sales by Company to the US Government. The Parties acknowledge that all items or services ordered and delivered under this Agreement are Commercial Items as defined under Part 12 of the Federal Acquisition Regulation (FAR). In particular, Company agrees to be bound only by those Federal contracting clauses that apply to “commercial” suppliers and that are contained in FAR 52.212-5(e)(1). Company complies with

52.219-8 or 52.219-9 in its service and installation contracting business. The following provision applies only to indirect sales by Company to the US Government.

As a Commercial Item Subcontractor, Company accepts only the following mandatory flow down provisions: 52.219-8; 52.222-26; 52.222-35; 52.222-36; 52.222-39; 52.247-

64. If the Services are in connection with a U.S. Government contract, Customer certifies that it has provided and will provide current, accurate, and complete information, representations, and certifications to all government officials, including but not limited to the contracting officer and officials of the Small Business Administration, on all matters related to the prime contract, including but not limited to all aspects of its ownership, eligibility, and performance. Anything herein notwithstanding, Company will have no obligations to Customer unless and until Customer provides Company with a true, correct and complete executed copy of the prime contract. Upon request, Customer will provide copies to Company of all requested written communications with any government official related to the prime contract prior to or concurrent with the execution thereof, including but not limited to any communications related to Customer's ownership, eligibility, or performance of the prime contract. Customer will obtain written authorization and approval from Company prior to providing any government official any information about Company's performance of the Services that are the subject of the Proposal or this Agreement, other than the Proposal or this Agreement.

21. Limited Waiver of Sovereign Immunity. If Customer is an Indian tribe (in the U.S.) or a First Nation or Band Council (in Canada), Customer, whether acting in its capacity as a government, governmental entity, a duly organized corporate entity or otherwise, for itself and for its agents, successors, and assigns: (1) hereby provides this limited waiver or its sovereign immunity as to any damages, claims, lawsuit, or cause of action (herein “Action”) brought against Customer by Company and arising or alleged to arise out of the furnishing by Company of any product or service under this Agreement, whether such Action is based in contract, tort, strict liability, civil liability or any other legal theory; (2) agrees that jurisdiction and venue for any such Action shall be proper and valid (a) if Customer is in the U.S., in any state or United States court located in the state in which Company is performing this Agreement or (b) if Customer is in Canada, in the superior court of the province or territory in which the work was performed; (3) expressly consents to such Action, and waives any objection to jurisdiction or venue: (4) waives any requirement of exhaustion of tribal court or administrative remedies for any Action arising out of or related to this Agreement; and (5) expressly acknowledges and agrees that Company is not subject to the jurisdiction of Customer’s tribal court or any similar tribal forum, that Customer will not bring any action against Company in tribal court, and that Customer will not avail itself of any ruling or direction of the tribal court permitting or directing it to suspend its payment or other obligations under this Agreement. The individual signing on behalf of Customer warrants and represents that such individual is duly authorized to provide this waiver and enter into this Agreement and that this Agreement constitutes the valid and legally binding obligation of Customer, enforceable in accordance with its terms. 1-26.130-7 (0821)
Supersedes 1-26.130-7 (0720)

5.15.a
Packet Pg. 295
Agenda #: 5.16
Meeting Date: June 18, 2024
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: SECOND AMENDMENT TO MAINTENANCE SERVICES AGREEMENT WITH MCE CORP. FOR LANDSCAPE SERVICES THROUGH JUNE
30, 2025.

STRATEGIC
GOAL: Responsible Stewardship of Public Resources
RECOMMENDATION:

Approve, and authorize the City Manager to sign, Second Amendment to the Maintenance Services Agreement with MCE Corporation through June 30, 2025.

FINANCIAL IMPACT:

The annual not-to-exceed amount of the proposed Second Amendment for Fiscal Year 2024/25 will be $491,550, including the vendor’s request for a CPI increase of 3.9%.

Sufficient funds in the amount of $491,550 are included in the Fiscal Year 2024/25 Operating Budget to cover the cost of such services.

BACKGROUND:

MCE Corporation, managed by City staff, has maintained the three Landscape Assessment Districts (LADs) within the City. On June 16, 2020, the City Council approved a three-year agreement with MCE Corporation, to provide landscape maintenance services (Original Agreement). The City Council has the option to extend the agreement for up to three one-year terms. Overall, MCE’s performance has met the City’s expectations, which is evident in the areas they maintain. Therefore, this second Amendment is proposed to extend the term of the Agreement through June 30, 2025.

LEGAL REVIEW:

The City Attorney has reviewed and approved the amended Agreement as to form.

5.16 Packet Pg. 296
PREPARED BY:

REVIEWED BY:

Attachments:

1. 5.16.a Second Amendment to Maintenance Services Agreement (LLADs) with MCE Corp. for FY 2024/25

5.16 Packet Pg. 297

SECOND AMENDMENT
TO

MAINTENANCE SERVICES AGREEMENT
This Second Amendment to Maintenance Services Agreement (“Second Amendment”) is made and entered into as of June 18, 2024, by and between the City of Diamond Bar, a municipal corporation (“City”), and MCE Corporation (herein referred to as the “Contractor”) with reference to the following:

A. The City and the Contractor entered into that certain Maintenance Services Agreement dated as of June 16, 2020, which is incorporated herein by this reference (the “Original Agreement”); and
B. The City and the Contractor entered into the First Amendment dated as of - June 20, 2023, which is incorporated herein by this reference (“First Amendment”), which First Amendment and Original Agreement collectively are referred to herein as the “Agreement”);
C. The City and the Contractor desire to amend the Agreement as provided herein.

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. Term. The Term of the Agreement as amended by the First Amendment is from July 1, 2023 to June 30, 2024. This Second Amendment extends the term from July 1, 2024 to June 30, 2025.

3. Compensation. The total not-to-exceed compensation set forth in Section 3 of the Original Agreement, was the sum of four hundred twelve thousand eight hundred twenty-nine dollars and forty cents ($412,829.40) per fiscal year. The First Amendment amended Section 3 of the Original Agreement to provide for a total not-to-exceed compensation in the sum of four hundred seventy-three thousand one hundred dollars ($473,100) per fiscal year. The Second Amendment amended Section 3 of the First Amendment to provide for a total not-to-exceed compensation in the sum of four hundred ninety-one thousand five hundred fifty dollars ($491,550) for fiscal year 2024-2025 without the prior authorization of the City

4. Integration. This Second Amendment and all attachments hereto (if any) integrate all of the terms and conditions mentioned herein, and supersede all prior negotiations between the parties with respect hereto. This Second 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 Second Amendment and the terms and provisions of the Agreement, the terms and provisions of this Second Amendment shall 1450826.1

5.16.a
Packet Pg. 298

5.16.a
Packet Pg. 299
Agenda #: 5.17
Meeting Date: June 18, 2024
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: THIRD AMENDMENT TO MAINTENANCE SERVICES AGREEMENT WITH PARKWOOD LANDSCAPE MAINTENANCE, INC. FOR
LANDSCAPE SERVICES THROUGH JUNE 30, 2025.

STRATEGIC
GOAL: Responsible Stewardship of Public Resources
RECOMMENDATION:

Approve, and authorize the City Manager to sign, the Third Amendment to the Maintenance Services Agreement with Parkwood Landscape Maintenance, Inc. through June 30, 2025.

FINANCIAL IMPACT:

The annual not-to-exceed amount of the proposed Third Amendment for Fiscal Year 2024/25 will be $460,130, including the vendor’s request for a CPI increase of 3.4% pursuant to the Original Agreement. Sufficient funds in the amount of $460,130 are included in the Fiscal Year 2024/25 Operating Budget to cover the cost of such services.

BACKGROUND/DISCUSSION:

Parkwood Landscape Maintenance, managed by City staff, has maintained thirteen (13) City-owned-or-maintained parks and facilities. On June 15, 2021, the City Council approved a one-year agreement with Parkwood Landscape Maintenance, Inc. to provide landscape maintenance services (Original Agreement). Per the Original Agreement, the City Council has the option to extend the agreement for up to five years, in increments of no less than one year. Overall, Parkwood’s performance has met the City’s expectations, and this is evident in the City facilities they maintain. Therefore, this Third Amendment is proposed to extend the term of the Agreement through June 30, 2025.

LEGAL REVIEW:

5.17 Packet Pg. 300
The City Attorney has reviewed and approved the amended Agreement as to form.

PREPARED BY:

REVIEWED BY:

Attachments:

1. 5.17.a Third Amendment to Maintenance Services Agreement with Parkwood for FY 2024/25

5.17 Packet Pg. 301

THIRD AMENDMENT
TO

MAINTENANCE SERVICES AGREEMENT
This Third Amendment to Maintenance Services Agreement (“Third Amendment”) is made and entered into as of June 18, 2024, by and between the City of Diamond Bar, a municipal corporation (“City”), and Parkwood Landscape Maintenance, Inc. (herein referred to as the “Contractor”) with reference to the following:

A. The City and the Contractor entered into that certain Maintenance Services Agreement dated as of June 15, 2021, which is incorporated herein by this reference (the “Original Agreement”); and
B. The City and the Contractor entered into that certain Second Amendment dated as of June 20, 2023, which is incorporated herein by this reference (“Second Amendment”), which Second Amendment and Original Agreement collectively are referred to herein as (the “Agreement”);
C. The City and the Contractor desire to amend the Agreement as provided herein.

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. Term. The Term of the Original Agreement as amended by the Second Amendment is from July 1, 2023 to June 30, 2024. This Third Amendment extends the term from July 1, 2024 to June 30, 2025.

3. Compensation. The total not-to-exceed compensation set forth in Section 3 of the Agreement is hereby amended to provide for a 3.4% CPI increase of Fifteen Thousand One Hundred Thirty Dollars ($15,130) so that the total not-to-exceed compensation, as amended by this Third Amendment shall not exceed Four Hundred Sixty Thousand One Hundred Thirty Dollars ($460,130) for fiscal year July 1, 2024 through June 30, 2025 without the prior authorization of the City.

4. Integration. This Third Amendment and all attachments hereto (if any) integrate all of the terms and conditions mentioned herein, and supersede all negotiations with respect hereto. This Third 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 Third Amendment and the terms and provisions of the Original Agreement, the terms and provisions of this Third Amendment shall control. 1450826.1
DocuSign Envelope ID: D73216DA-09C1-4586-814E-8AAF561A39B5

5.17.a
Packet Pg. 302
IN WITNESS hereof, the parties enter into this Third Amendment on the year and day first above written.
“CONTRACTOR” “CITY”
Parkwood Landscape Maintenance Inc. CITY OF DIAMOND BAR By:

Dan Fox, City Manager
ATTEST:
*By:

Printed Name: David L. Melito
Title:
*By:

Printed Name:

Title:

Kristina Santana, City Clerk
APPROVED AS TO FORM:

Omar Sandoval, 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.

DocuSign Envelope ID: D73216DA-09C1-4586-814E-8AAF561A39B5 David Melito, President
5/30/2024

5.17.a
Packet Pg. 303
DocuSign Envelope ID: D73216DA-09C1-4586-814E-8AAF561A39B5

5.17.a
Packet Pg. 304
DocuSign Envelope ID: D73216DA-09C1-4586-814E-8AAF561A39B5

5.17.a
Packet Pg. 305
DocuSign Envelope ID: D73216DA-09C1-4586-814E-8AAF561A39B5

5.17.a
Packet Pg. 306
Agenda #: 5.18
Meeting Date: June 18, 2024
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: SECOND AMENDMENT TO ROAD MAINTENANCE SERVICES
AGREEMENT WITH CT&T CONCRETE PAVING, INC. FOR
MAINTENANCE SERVICES THROUGH JUNE 30, 2025.

STRATEGIC
GOAL: Responsible Stewardship of Public Resources
RECOMMENDATION:

Approve, and authorize the City Manager to sign, the Second Amendment to the Road Maintenance Services Agreement with CT&T Concrete Paving, Inc. through June 30, 2025.

FINANCIAL IMPACT:

The total not-to-exceed amount for the Original Agreement was $600,000. The First Amendment increased the total compensation by $810,000. This proposed Second Amendment adds $955,000, bringing the total amended not-to-exceed amount of the Agreement to $2,365,000. Sufficient funds in the amount of $955,000 are included in the FY 2024/25 Budget to cover the cost of such services.

BACKGROUND AND ANALYSIS:

On June 21, 2022, the City Council approved the one (1) year contract (Original Agreement) with the option to approve up to six (6) extensions, in increments of no less than one year, upon successfully demonstrating exemplary work performance for road maintenance services with CT&T Concrete Paving Inc. (CT&T).

Overall, CT&T’s performance has met the City’s expectations. Therefore, a Second Amendment is proposed to extend the Agreement term through June 30, 2025.

Pursuant to the Agreement, a 3.9% unit price increase was negotiated and applied to the unit prices in the Agreement.

5.18 Packet Pg. 307
Consistent with the Agreement, the scope of work includes maintenance of asphalt concrete pavement, concrete sidewalks, parking lots, roadway markings, storm drains, parkway drains, block walls, and emergency call-outs. The work will be directed by staff on an as-needed basis within the budgeted resources available. The agreement is based on unit prices, and CT&T will be paid for the actual quantity of each line item performed as measured in the field during construction. Each unit price includes all labor, material, equipment, overhead, and profit attributable to that scope of work.

LEGAL REVIEW:

The City Attorney has reviewed and approved the amended Agreement as to form.

PREPARED BY:

REVIEWED BY:

Attachments:

1. 5.18.a Second Amendment to Maintenance Services Agreement with CT&T Concrete Paving, Inc. (FY 2024/25)

5.18 Packet Pg. 308

SECOND AMENDMENT
TO

MAINTENANCE SERVICES AGREEMENT
This Second Amendment to Maintenance Services Agreement (“Second Amendment”) is made and entered into as of June 18, 2024, by and between the City of Diamond Bar, a municipal corporation (“City”), and CT&T Concrete Paving Inc. (herein referred to as the “Contractor”) with reference to the following:

A. The City and the Contractor entered into that certain Maintenance Services Agreement dated as of June 21, 2022, which is incorporated herein by this reference (the “Original Agreement”); and
B. The City and the Contractor entered into that certain First Amendment dated as of June 20, 2023, which is incorporated herein by this reference and are along with the Original Agreement, collectively referred to herein as the "Agreement"; and C. The City and the Contractor desire to amend the Agreement to modify, amend and supplement certain portions thereof.

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. Term. The Term of the Original Agreement as set forth in Section 2 therein is from June 21, 2022 to June 30, 2023. The First Amendment extended the term through June 30, 2024. This Second Amendment extends the Term up to and including June 30, 2025.

3. Compensation. The total not-to-exceed compensation set forth in Section 3 of the Original Agreement was the sum six hundred thousand dollars ($600,000). The First Amendment increased the total compensation by $810,000. Section 3 of the Original Agreement is hereby amended to provide for an increase of nine hundred fifty-five thousand dollars ($955,000) per fiscal year so that the total not-to-exceed compensation, as amended by this Second Amendment shall not exceed nine hundred fifty-five thousand dollars ($955,000) in fiscal year 2024-2025 without the prior authorization of the City.

4. Integration. This Second Amendment and all attachments hereto (if any) integrate all of the terms and conditions mentioned herein, and supersede all prior negotiations between the parties with respect hereto. This Second 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 Second Amendment and the terms and provisions of the Original Agreement, the terms and provisions of this Second Amendment shall control.

5.18.a
Packet Pg. 309
IN WITNESS hereof, the parties enter into this Third Amendment on the year and day first above written.
“CONTRACTOR” “CITY”
CT&T Concrete Paving, Inc. CITY OF DIAMOND BAR
By:

Dan Fox, City Manager

ATTEST:

Kristina Santana, City Clerk
APPROVED AS TO FORM:

Omar Sandoval, 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.

By:

Printed Name: Jose Carvajal
Title: President_____
By:

Printed Name: Jackie Carvajal
Title: Treasurer
5/22/2024
5/21/2024

5.18.a
Packet Pg. 310
Agenda #: 5.19
Meeting Date: June 18, 2024
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: CONTINUED PARTICIPATION IN THE NATIONAL

INTERGOVERNMENTAL PURCHASING ALLIANCE TO PURCHASE
JANITORIAL SUPPLIES FOR CITY FACILITIES.

STRATEGIC
GOAL: Safe, Sustainable & Healthy Community
RECOMMENDATION:

Adopt Resolution No. 2024-26 authorizing participation in the National Intergovernmental Purchasing Alliance to purchase janitorial supplies for City Facilities in the not-to-exceed amount of $65,000 for Fiscal Year 2024/25.

FINANCIAL IMPACT:

Sufficient funds for the purchase of sanitary supplies are included in the Fiscal Year 2024/25 Operating Budget for the Civic Center, Diamond Bar Center, and various Parks totaling $65,000.

BACKGROUND/ANALYSIS:

The City's purchasing ordinance, codified in Chapter 3.24 of the Diamond Bar Municipal Code, generally requires the use of formal bidding procedures for the procurement of goods and services that cost in excess of $45,000. Section 3.24.090(f) provides an exception as follows: "When supplies, personal property, services or equipment can be more efficiently or more cost efficient obtained through a cooperative purchasing program with a federal, state, county, local or other government purchasing program.

Such purchases through a cooperative purchasing program shall be authorized by resolution of the City Council."
The City has been using Waxie Sanitary Supply for janitorial supplies at the City facilities. Waxie provides high-quality products and years of responsive customer service that staff has come to rely on. On February 17, 2015, the City Council authorized the use of the National Intergovernmental Purchasing Alliance (NIPA),

5.19 Packet Pg. 311
currently part of OMNIA Partners - Public Sector, for purchases of Waxie products for the Fiscal Year 2014/15. Subsequently, the City Council has authorized the use of NIPA for the procurement of Waxie products every year since. Staff is seeking authorization for continued use of the NIPA for purchases of Waxie products.

It is recommended that the City forgo its separate bidding process and utilize the bidding process conducted by the City of Tucson, Arizona, which served as the Principal Procurement Agency (lead agency) for the NIPA, and negotiated a contract with Network Services Company to obtain discounted pricing for about 1,400 Waxie products. These products may be purchased under the agreement by members of the NIPA, including the City of Diamond Bar, from Waxie Sanitary Supply as the local distributor for the Network Services Company. The NIPA is an intergovernmental cooperative purchasing alliance that procures contracted goods and services through a Request for Proposal (RFP) competitive solicitation process conducted by a public agency/governmental entity. The procurement process employed by the NIPA includes the following:

1. The lead agency prepares a competitive solicitation, incorporating language to make the agreement accessible nationally to agencies in states that allow intergovernmental (i.e., "piggyback") contract usage.

2. The lead agency issues the solicitation and any required amendments and notifications‚ and conducts pre-proposal conferences and/or meetings.

3. Interested suppliers respond to the solicitation.

4. The lead agency evaluates the responses, negotiates the final terms and conditions, and ultimately awards the master agreement.

The NIPA procurement process is similar to the City's formal bidding procedures, which makes master agreements appropriate for "piggybacking" for purchases of Waxie products included in the City of Tucson and Network Services Company master agreement.

The City's Purchasing Ordinance requires that participation in a governmental purchasing program be authorized by Council resolution. The Purchasing Ordinance also requires City Council approval for purchases from a single vendor in a fiscal year in excess of $45,000. Staff anticipates expenditures of $65,000 for Waxie products during Fiscal Year 2024/25.

LEGAL REVIEW:

The City Attorney has reviewed and approved the Resolution as to form.

PREPARED BY:

5.19 Packet Pg. 312
REVIEWED BY:

Attachments:

1. 5.19.a Resolution No. 2024-26

5.19 Packet Pg. 313
RESOLUTION NO. 2024-26

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND

BAR AUTHORIZING PARTICIPATION IN THE NATIONAL

INTERGOVERNMENTAL PURCHASING ALLIANCE TO PURCHASE

JANITORIAL SUPPLIES FOR CITY FACILITIES FROM WAXIE

SANITARY SUPPLY AS DISTRIBUTOR FOR THE NETWORK
SERVICES COMPANY IN THE AMOUNT NOT TO EXCEED $65,000
DURING FISCAL YEAR 2024/2025.

WHEREAS, the City Council has established a purchasing system for the efficient purchase of supplies, services, personal property and equipment at the lowest cost commensurate with the quality needed and to buy without favor or prejudice; and WHEREAS, the City Manager, acting in the role of Purchasing Manager, directs and supervises the acquisition of all goods and services under the authority of Diamond Bar Municipal Code Section 3.24.040 (a); and
WHEREAS, Diamond Bar Municipal Code Section 3.24.090(f) authorizes the Purchasing Manager to dispense with formal bidding when, in the opinion of the Purchasing Manager, supplies, personal property, services or equipment can be more efficiently or more cost efficient obtained if acquired on behalf of the city by the state department of general services or other government purchasing program, and the City Council authorizes the "piggyback" procurement by resolution; and WHEREAS, the Purchasing Manager has determined that certain supplies, materials, personal property and equipment can be more efficiently and more inexpensively obtained if acquired on behalf the City as a participant of the National Intergovernmental Purchasing Alliance, an intergovernmental cooperative purchasing alliance that procures contracted goods and services thorough a request for proposal competitive solicitation process conducted by a public agency/governmental entity; and WHEREAS, acquisition of any such supplies, materials, personal property or equipment as a participant of a government purchasing program must be authorized by resolution of the City Council; and
WHEREAS, the Purchasing Agent and Purchasing Delegates have evaluated the janitorial products provided by Waxie Sanitary Supply as the local distributor pursuant to a master contract between the City of Tucson, the Network Services Company, and the National Intergovernmental Purchasing Alliance, and have determined that Waxie provides high quality product and responsive customer service, and recommends Waxie Sanitary Supply as the provider of janitorial supplies for City facilities.

NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Diamond as follows:

5.19.a
Packet Pg. 314
Resolution No. 2024-26
2 1. Certain supplies, materials, personal property and equipment can be more efficiently and more inexpensively obtained if acquired on behalf of the City as a participant of a government purchasing program as opposed to a formal bidding process.

2. Authorizes participation of the City in the National Intergovernmental Purchasing Alliance.

3. Appoints the City Manager of the City to direct and supervise the acquisition of goods and services as a participant in the National Intergovernmental Purchasing Alliance.

4. Authorizes the City Manager or his designee to purchase janitorial supplies for City facilities from Waxie Sanitary Supply as a participant in the National Intergovernmental Purchasing Alliance in the amount not to exceed $65,000 during Fiscal Year 2024/2025.

PASSED, APPROVED AND ADOPTED this 18th day of June, 2024.

CITY OF DIAMOND BAR
Stan Liu, Mayor
ATTEST:

I, Kristina Santana, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at a regular meeting of the City Council of the City of Diamond Bar held on the 18th day of June, 2024, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAINED: COUNCIL MEMBERS:
__________________________
Kristina Santana, City Clerk

5.19.a
Packet Pg. 315
Agenda #: 5.20
Meeting Date: June 18, 2024
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: SEVENTH AMENDMENT TO MAINTENANCE SERVICES

AGREEMENT WITH EXTERIOR PRODUCTS CORPORATION FOR

EXTERIOR DECOR & LIGHTING MAINTENANCE THROUGH JUNE
30, 2025.

STRATEGIC
GOAL: Responsible Stewardship of Public Resources
RECOMMENDATION:

Approve, and authorize the City Manager to sign, the Seventh Amendment to the Maintenance Services Agreement with Exterior Products Corporation through June 30, 2025.

FINANCIAL IMPACT:

The total not-to-exceed amount of the Agreement for Fiscal Year 2024/25 would be $182,600. Adequate funds are included in the Fiscal Year 2024/25 Public Works & Parks & Recreation Operating Budgets to cover the cost of such services.

BACKGROUND:

Exterior Products has been providing exceptional service and support to the City for over 18 years, starting with the military & special event banner programs. In March of 2016, the City and Exterior Products entered into the current services agreement, which, over time, has been amended to include the following programs and services:
· Military Banners
· Special Event Banners
· USA Flags on Grand Ave.
· Restaurant Week Banners
· Lighting Maintenance & Electrical services
· Holiday Décor & Windmill Holiday Display (Banners & City Hall) · Windmill Holiday Display & Lighting

5.20 Packet Pg. 316
ANALYSIS:

During the preparation of the 2024/25 fiscal year operating budget, staff started negotiations with Exterior Products to secure the most competitive pricing for the services they provide. Through this process, staff was able to negotiate a line-item increase for labor of 3.9% (CPI).

The following are estimated program costs for the fiscal year 2024/25:
· Military Banners $16,000
· USA Flags on Grand Ave. $20,600
· Restaurant Week Banners $7,500
· Lighting Maintenance & Electrical services $117,900
· Holiday Décor & Windmill Holiday Display (Banners & City Hall) $20,600 LEGAL REVIEW:

The City Attorney has reviewed and approved the amended Agreement as to form.

PREPARED BY:

REVIEWED BY:

Attachments:

1. 5.20.a Seventh Amendment to Agreement with Exterior Products (FY 2024/25)

5.20 Packet Pg. 317
1496333.1

SEVENTH AMENDMENT
TO

VENDOR SERVICES AGREEMENT
This Seventh Amendment to Vendor Services Agreement (“Seventh Amendment”) is made and entered into as of July 18, 2024, by and between the City of Diamond Bar, a municipal corporation (“City”), and Exterior Products Corporation, a California corporation (herein referred to as the “Contractor”) with reference to the following:

A. The City and the Contractor entered into that certain Vendor Services Agreement dated as of March 1, 2016, which is incorporated herein by this reference (the “Original Agreement”); and
B. The City and the Contractor entered into the First Amendment dated as of August 21, 2018, Second Amendment dated as of June 18, 2019, Third Amendment dated as of June 16, 2020, Fourth Amendment as of June 15, 2021, Fifth Amendment as of June 21, 2022, Sixth Amendment as of July 20, 2023 which are incorporated herein by this reference (“First, Second, Third, Fourth, Fifth & Sixth Amendment”), which First, Second, Third, Fourth, Fifth & Sixth Amendments and Original Agreement collectively are referred to herein as the "Agreement";
C. The City and the Contractor desire to amend the Agreement as provided herein.

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 for such terms in the Original Agreement.

2. Revised Scope of Services. The Scope of Services, Exhibit "A" to the Original Agreement, is hereby amended, modified and supplemented to include the services described on Exhibit "A" attached hereto and incorporated herein by this reference.

3. Term. The Term of the Original Agreement as set forth in Section 2 therein is from February 16, 2016 to June 30, 2019. The Second Amendment extended the Term up to and including June 30, 2020. The Third Amendments extended the Term up to and including June 30, 2021. The Fourth Amendments extended the Term up to and including June 30, 2022. The Fifth Amendments extended the Term up to and including June 30, 2023. The Sixth Amendment extended the Term up to and including June 30, 2024. This Seventh Amendment shall extend the Term up to and including June 30, 2025.

4. Compensation. The total not-to-exceed compensation set forth in Section 3 of the Original Agreement, was the sum of Fifty Thousand Dollars ($50,000) per fiscal year. The First Amendment amended Section 3 of the Original Agreement to provide for a total not-toexceed compensation in the sum of One Hundred Fifteen Thousand Nine Hundred Dollars ($115,900) per fiscal year. The Second Amendment amended Section 3 of the Original Agreement to provide for a total not-to-exceed compensation in the sum of Fifty-Eight Thousand Nine Hundred Dollars ($58,900) for fiscal year 2019-2020. The Third Amendment DocuSign Envelope ID: B9F34250-B866-478A-80E1-4FE14656A204

5.20.a
Packet Pg. 318
1496333.1
amended of the Original Agreement to provide for a total not-to-exceed compensation in the sum of Fifty-Nine Thousand Dollars ($59,000) for fiscal year 2020-2021. The Fourth Amendment amended of the Original Agreement to provide for a total not-to-exceed compensation in the sum of Fifty-Nine Thousand Dollars ($59,000) for fiscal year 2021-2022.

The Fifth Amendment amended the Original Agreement to provide for a total not-to-exceed compensation in the sum of One Hundred Fifty Thousand Dollars ($150,000) for the 2022-23 fiscal year. The Sixth Amendment amended the Original Agreement to provide for a total notto-exceed compensation in the sum of one hundred eighty-two thousand six hundred dollar ($182,600) for the 2023-24 fiscal year. Section 3 is hereby amended to provide for a total notto-exceed compensation in the sum of One Hundred Eighty-two Thousand Six Hundred Dollars ($182,600) for the 2024-25 fiscal year (July 1, 2024 – June 30, 2025) without the prior written authorization of the City.

5. Integration. This Seventh Amendment and all attachments hereto (if any) integrate all of the terms and conditions mentioned herein, and supersede all prior negotiations between the parties with respect hereto. This Seventh 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 Seventh Amendment and the terms and provisions of the Agreement, the terms and provisions of this Seventh Amendment shall control.

IN WITNESS hereof, the parties enter into this Seventh Amendment on the year and day first above written.
{SIGNATURES FOLLOW ON THE NEXT PAGE}
DocuSign Envelope ID: B9F34250-B866-478A-80E1-4FE14656A204

5.20.a
Packet Pg. 319
1496333.1
“Contractor” “City”
Exterior Products Corporation City of Diamond Bar
By: By:

Printed Name: Jeff “JR” Rovinsky Dan Fox, City Manager
Title: President
By: ATTEST:

Printed Name:

Title:

Kristina Santana, City Clerk
APPROVED AS TO FORM:

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.

DocuSign Envelope ID: B9F34250-B866-478A-80E1-4FE14656A204 5/22/2024
President
Jeff "JR" Rovinsky
5/22/2024

5.20.a
Packet Pg. 320
Agenda #: 5.21
Meeting Date: June 18, 2024
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: MAINTENANCE SERVICES AGREEMENT WITH ULTIMATE
MAINTENANCE SERVICES, INC. FOR JANITORIAL SERVICES
THROUGH JUNE 30, 2029, WITH THE OPTION TO EXTEND FOR
THREE ADDITIONAL ONE-YEAR TERMS.

STRATEGIC
GOAL: Responsible Stewardship of Public Resources
RECOMMENDATION:

Approve and authorize the City Manager to sign the Maintenance Services Agreement with Ultimate Maintenance Services, Inc. for Janitorial services at City facilities.

FINANCIAL IMPACT:

The total not-to-exceed amount of the Agreement for 2024/25 would be $320,000.

Sufficient funds are included in the 2024/25 operating budget to cover the cost of such services. For years 2 through 5, this agreement would be subject to an increase in compensation negotiated between the City and the Consultant, but in no event shall the increase exceed the amount of the Consumer Price Index, as identified in the agreement, and would be subject to the approval of the City Manager. In addition, the City would have the option to extend the agreement for three (3) additional years, subject to the same terms and conditions. Sufficient funding will be requested under the Operating Budget for the future fiscal years.

BACKGROUND:

On February 23, 2024, the City released a Request for Proposal (RFP) for janitorial services at its facilities, i.e. Diamond Bar Center, Civic Center (City Hall and Library), Heritage Community Center, Pantera Activity Room, and Sycamore Office, with a due date of March 27, 2024. On March 14, 2024 a mandatory pre-bid meeting was held, with 26 prospective bidders attending.

5.21 Packet Pg. 321
ANALYSIS:

On March 27, 2024, the City received 18 proposals, with 12 of the received proposals meeting the minimum requirements of the RFP and being determined responsive.

Subsequently, staff reviewed the responsive proposals and interviewed 6 companies.

After reviewing, staff has determined that Ultimate Maintenance Services has met all of the requirements of the RFP and can provide the high level of service that the City requires.

The following is a monthly cost summary of the responsive proposals received. • Ultimate Maintenance Services $24,795.00
• Santa Fe Janitorial Maintenance Services, Inc. $25,681.05 • CM Simple Janitorial LLC $26,836.41
• Guaranteed Janitorial Service, Inc. $27,414.00
• Joncowest $27,650.00
• Merchants Building Maintenance $27,830.25
• DMS Facility Services, Inc. $29,299.48
• Premier Property Preservation, LLC $30,342.00
• EcoBrite Services, LLC $30,551.17
• Priority Building Services, LLC $31,117.00
• Coastal Building Services, Inc. $33,796.00
• Executive Facilities Service, Inc. $55,486.31
The FY24/25 total not-to-exceed amount of the agreement with Ultimate Maintenance Services is $320,000, with $297,540 for the monthly services and $22,460 for asneeded services. The following schedule shows the cost breakdown for each facility per fiscal year.

Facility Monthly FY24/25 FY25/26 FY26/27 FY27/28 FY28/29 Diamond Bar Center $6,350 $76,200 +CPI +CPI +CPI +CPI
Civic Center (City
Hall and Library)
$5,725 $68,700 +CPI +CPI +CPI +CPI
Heritage Park –
Community Center
$1,495 $17,940 +CPI +CPI +CPI +CPI
Pantera Park –
Activity Room
$975 $11,700 +CPI +CPI +CPI +CPI
Sycamore Canyon –
Office
$600 $7,200 +CPI +CPI +CPI +CPI
Day Porter @
Cityhall/Library
$6,350 $76,200 +CPI +CPI +CPI +CPI
Day Porter @
Diamond Bar Center
$3,300 $39,600 +CPI +CPI +CPI +CPI
Total $24,795 $297,540 +CPI +CPI +CPI +CPI
As-Needed Service Budget $22,460

5.21 Packet Pg. 322
FY24/25 FY25/26 FY26/27 FY27/28 FY28/29
Total Authorization $320,000 +CPI +CPI +CPI +CPI
LEGAL REVIEW:

The City Attorney has reviewed and approved the Agreement as to form.

PREPARED BY:

REVIEWED BY:

Attachments:

1. 5.21.a Maintenance Services Agreement with Ultimate Maintenance Services, inc.

5.21 Packet Pg. 323
1715351.1

MAINTENANCE SERVICES AGREEMENT
THIS AGREEMENT (the "Agreement") is made as of June 18, 2024 by and between the City of Diamond Bar, a municipal corporation ("City") and Ultimate Maintenance Services, Inc. ("Contractor").

1. Contractor's Services.

Subject to the terms and conditions set forth in this Agreement Contractor shall provide to the reasonable satisfaction of the City the Janitorial 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, Contractor represents and warrants that it has thoroughly investigated the work and fully understands the difficulties and restrictions in performing the work. Contractor represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expertise of its principals and employees.

Jason Williams, Maintenance Supervisor (herein referred to as the “City’s Project Manager”), shall be the person to whom the Contractor will report for the performance of services hereunder. It is understood that Contractor shall coordinate its services hereunder with the City’s Project Manager to the extent required by the City’s Project Manager, and that all performances required hereunder by Contractor shall be performed to the satisfaction of the City’s Project Manager and the City Manager

2. Term of Agreement. This Agreement shall take effect July 1, 2024, and shall continue until June 30, 2029 (“Term), unless earlier terminated pursuant to the provisions herein. And will be subject to an increase in compensation negotiated between the City and the Consultant, but in no event shall the increase exceed the amount of the Consumer Price Index ("CPI") for the Los Angeles-Long Beach-Anaheim metropolitan area for the month immediately preceding the Adjustment Date (the "Index Month") as reported by the Bureau of Labor Statistics of the United States Department of Labor, has increased over the CPI for the month one year prior to the Index Month. Any exercise of an option to extend the Term/and/or increase in compensation, negotiated or based upon CPI, shall be subject to approval of the City Manager.

The City shall have the option to extend this Agreement for three (3) additional years, subject to the same terms and conditions contained herein, by giving Consultant written notice of the exercise of this option at least thirty (30) days prior to the expiration of the initial Term.

In the event the City exercises its option to extend the Term, Consultant's compensation shall be subject to an adjustment upon the effective date of extension as follows:

Any increase in compensation will be negotiated between the City and the Consultant, but in no event shall the increase exceed the amount that the Consumer Price Index ("CPI") for the Los Angeles-Long Beach-Anaheim metropolitan area for the month immediately preceding the Adjustment Date (the "Index Month") as reported by the Bureau of Labor Statistics of the United States Department of Labor, has increased over the CPI for the month one year prior to the Index Month. Any exercise of an option to extend the Term/and/or increase in compensation, negotiated or based upon CPI, shall be subject to approval of the City Council.

DocuSign Envelope ID: 47E3E024-1577-46F8-9120-B97B669B6A65

5.21.a
Packet Pg. 324
1715351.1

3. Compensation. City agrees to compensate Contractor for each service which Contractor 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 Contractor pursuant to this Agreement shall not exceed Three Hundred twenty thousand dollars ($320,000) for fiscal year 24/25 without the prior written consent of the City, and shall increase by the amount negotiated between the City and the Consultant each fiscal year through the term of this agreement, per section 2 of this agreement,. 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, Contractor 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 Contractor the amount invoiced the City will pay Contractor the amount properly invoiced within 35 days of receipt.

D. Payment shall constitute payment in full for all services, authorized costs and authorized extra work covered by that invoice.

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 Contractor.

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. In the event of any inconsistency between the Agreement and the attached exhibits, the following order of precedence shall apply: (a) This Agreement; (b) The city’s request for Proposal, dated February 23, 2024; and (c) Consultant’s Proposal dated March 27, 2024.

7. Status as Independent Contractor.

A. Contractor is, and shall at all times remain as to City, a wholly independent contractor. Contractor shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent, except as specifically provided herein.

Neither City nor any of its agents shall have control over the conduct of Contractor or any of Contractor's employees, except as set forth in this Agreement. Contractor shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner employees of City.

DocuSign Envelope ID: 47E3E024-1577-46F8-9120-B97B669B6A65

5.21.a
Packet Pg. 325
1715351.1
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 or the Public Employee Retirement System 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 or its employees, then Contractor agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto.

C. Contractor shall fully comply with Workers' Compensation laws regarding Contractor and Contractor's employees. Contractor further agrees to indemnify and hold City harmless from any failure of Contractor to comply with applicable Worker's Compensation laws.

D. Contractor shall, at Contractor’s sole cost and expense fully secure and comply with all federal, state and local governmental permit or licensing requirements, including but not limited to the City of Diamond Bar, South Coast Air Quality Management District, and California Air Resources Board.

E. In addition to any other remedies it may have, City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor's failure to promptly pay to City any reimbursement or indemnification required by this Agreement or for any amount or penalty levied against the City for Contractor’s failure to comply with this Section.

8. Standard of Performance. Contractor shall perform all work at the standard of care and skill ordinarily exercised by members of the profession under similar conditions and represents that it and any subcontractors it may engage, possess any and all licenses which are required to perform the work contemplated by this Agreement and shall maintain all appropriate licenses during the performance of the work.

9. Unauthorized Aliens. Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. § 1101 et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Consultant hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including reasonable attorney fees, incurred by City

10. Indemnification.

DocuSign Envelope ID: 47E3E024-1577-46F8-9120-B97B669B6A65

5.21.a
Packet Pg. 326
1715351.1
(1) Any and all claims under Worker’s Compensation acts and other employee benefit acts with respect to Contractor’s employees or Contractor’s contractor’s employees arising out of Contractor’s work under this Agreement; and (2) Any and all claims arising out of Contractor's performance of or failure to perform work hereunder or its failure to comply with any of its obligations contained in this Agreement, regardless of City’s passive negligence, but excepting such loss or damage which is caused by the sole active negligence or willful misconduct of the City.

Should City in its sole discretion find Contractor’s legal counsel unacceptable, then Contractor shall reimburse the City its costs of defense, including without limitation reasonable attorneys' fees, expert fees and all other costs and fees of litigation. The Contractor shall promptly pay any final judgment rendered against the Indemnitees. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement. Except for the Indemnitees, this Agreement shall not be construed to extend to any third-party indemnification rights of any kind.

11. Insurance.

A. Prior to performance of work under this Agreement and at all times during the term of this Agreement Contractor shall carry, maintain, and keep in full force and effect, with an insurance company authorized to do business in the State of California and approved by the City the following insurance:
(1) a policy or policies of broad-form comprehensive general liability insurance written on an occurrence basis with minimum limits of $1,000,000.00 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Contractor, its officers, employees, agents, and independent contractors in performance of services under this Agreement; (2) property damage insurance with a minimum limit of $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 nonrenewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City at least ten (10) day's prior written notice thereof. Contractor agrees that it will not cancel, reduce, or DocuSign Envelope ID: 47E3E024-1577-46F8-9120-B97B669B6A65

5.21.a
Packet Pg. 327
1715351.1
otherwise modify the insurance coverage and in the event of any of the same by the insurer to immediately notify the City.

D. All policies of insurance shall cover the obligations of Contractor pursuant to the terms of this Agreement and shall be issued by an insurance company which is authorized to do business in the State of California or which is approved in writing by the City; and shall be placed have a current A.M. Best's rating of no less than A-, VII.

E. Contractor shall submit to City (1) insurance certificates indicating compliance with the minimum insurance requirements above, and (2) insurance policy endorsements or a copy of the insurance policy evidencing the additional insured requirements in this Agreement, in a form acceptable to the City.

F. Self-Insured Retention/Deductibles. All policies required by this Agreement shall allow City, as additional insured, to satisfy the self-insured retention (“SIR”) and/or deductible of the policy in lieu of the Contractor (as the named insured) should Contractor fail to pay the SIR or deductible requirements. The amount of the SIR or deductible shall be subject to the approval of the City. Contractor understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by Contractor as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement.

Should City pay the SIR or deductible on Contractor’s due to such failure in order to secure defense and indemnification as an additional insured under the policy, City may include such amounts as damages in any action against Contractor for breach of this Agreement in addition to any other damages incurred by City due to the breach.

G. Subrogation. With respect to any Workers' Compensation Insurance or Employer's Liability Insurance, the insurer shall waive all rights of subrogation and contribution it may have against the Indemnitees.

H. Failure to Maintain Insurance. If Contractor fails to keep the insurance required under this Agreement in full force and effect, City may take out the necessary insurance and any premiums paid, plus 10% administrative overhead, shall be paid by Contractor, which amounts may be deducted from any payments due Contractor.

I. Contractor shall include all subcontractors, if any, as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor to the City for review and approval. All insurance for subcontractors shall be subject to all of the requirements stated herein.

12. Confidentiality. Contractor in the course of its duties may have access to confidential data of City, private individuals, or employees of the City. Contractor covenants that all data, documents, discussion, or other information developed or received by Contractor or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Contractor without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Contractor's covenant under this section shall survive the termination of this Agreement. Notwithstanding the foregoing, to the extent Contractor prepares reports of a proprietary nature specifically for and in connection with certain projects, the City shall not, except with Contractor's prior written consent, use the same for other unrelated projects.

DocuSign Envelope ID: 47E3E024-1577-46F8-9120-B97B669B6A65

5.21.a
Packet Pg. 328
1715351.1

13. Maintenance and Inspection of Records. In accordance with generally accepted accounting principles, Contractor and its subcontractors shall maintain reasonably full and complete books, documents, papers, accounting records, and other information (collectively, the “records”) pertaining to the costs of and 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 Contractor's records regarding the services provided under this Agreement. Contractor shall maintain all such records for a period of at least three (3) years after termination or completion of this Agreement. Contractor agrees to make available all such records for inspection or audit at its offices during normal business hours and upon three (3) days' notice from the City, and copies thereof shall be furnished if requested.

14. Termination. The City may terminate this Agreement with or without cause upon fifteen (15) days' written notice to Contractor. The effective date of termination shall be upon the date specified in the notice of termination, or, in the event no date is specified, upon the fifteenth (15th) day following mailing of the notice. In the event of such termination, City agrees to pay Contractor for services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written notice of termination, Contractor shall discontinue performing services, unless the notice provides otherwise, except those services reasonably necessary to effectuate the termination. The City shall be not liable for any claim of lost profits.

15. Personnel. Contractor represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Contractor or under it supervision, and all personnel engaged in the work shall be qualified to perform such services. Contractor reserves the right to determine the assignment of its own employees to the performance of Contractor's services under this Agreement, but City reserves the right, for good cause, to require Contractor to exclude any employee from performing services on City's premises.

16. Prevailing Wage. Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public works is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the Office of the City Clerk of the City of Diamond Bar, 21810 Copley Drive, Diamond Bar, California, and are available to any interested party on request.

City also shall cause a copy of such determinations to be posted at the job site.

The Contractor shall forfeit, as penalty to City, not more than twenty-five dollars ($25.00) for each laborer, workman or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general prevailing rate of wages hereinbefore stipulated for any work done under this Agreement, by him or by any subcontractor under him.

The Contractor and any of its subcontractors must be registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5, which precludes the award of a DocuSign Envelope ID: 47E3E024-1577-46F8-9120-B97B669B6A65

5.21.a
Packet Pg. 329
1715351.1
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.

17. Non-Discrimination and Equal Employment Opportunity.

A. Contractor shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement and will comply with all rules and regulations of City relating thereto. Such nondiscrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.

B. Contractor will, in all solicitations or advertisements for employees placed by or on behalf of Contractor state either that it is an equal opportunity employer or that 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.

18. Time Is of the Essence. Time is of the essence in this Agreement. Contractor shall do all things necessary and incidental to the prosecution of Contractor's work.

19. Delays and Extensions of Time. Contractor's sole remedy for delays outside its control shall be an extension of time. No matter what the cause of the delay, Contractor 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 Contractor’s control. If Contractor 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 Contractor be entitled to any claim for lost profits due to any delay, whether caused by the City or due to some other cause.

20. 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.

21. Compliance with Laws. Contractor shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments.

22. 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 DocuSign Envelope ID: 47E3E024-1577-46F8-9120-B97B669B6A65

5.21.a
Packet Pg. 330
1715351.1
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.

23. 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.

24. 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.

25. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during regular business hours or by facsimile before or during regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section. “CONTRACTOR” “CITY”
Ultimate Maintenance Services, Inc. City of Diamond Bar 4237 Redondo Beach Blvd 21810 Copley Drive
Lawndale, CA 90260 Diamond Bar, CA 91765-4178
Attn.: Claudia Salomon Attn.: Jason Williams
Phone: (310) 505-5858 Phone: (909) 839-7059
E-Mail: [email protected] E-mail: [email protected]

26. Governing Law. This Agreement shall be interpreted, construed and enforced in accordance with the laws of the State of California.

27. 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.

28. Severability. If any term, condition, or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall not be affected thereby, and the Agreement shall be read and construed without the invalid, void or unenforceable provision(s).

DocuSign Envelope ID: 47E3E024-1577-46F8-9120-B97B669B6A65

5.21.a
Packet Pg. 331
1715351.1

29. Entire Agreement. This Agreement, and any other documents incorporated herein by reference, represent the entire and integrated agreement between Contractor and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement.

Amendments on behalf of the City will only be valid if signed by a person duly authorized to do so under the City's Purchasing Ordinance.
{SIGNATURES FOLLOW ON THE NEXT PAGE}
DocuSign Envelope ID: 47E3E024-1577-46F8-9120-B97B669B6A65

5.21.a
Packet Pg. 332
1715351.1
IN WITNESS of this Agreement, the parties have executed this Agreement as of the date first written above.
"City"
City of Diamond Bar
By:

Dan Fox, City Manager
ATTEST:
"Contractor"
Ultimate Maintenance Services, Inc.

By:

Printed Name: Oswaldo Paul
Marmol Title: President
By:

Printed Name: Claudia Salomon
Title: CFO/ Secretary
Kristina Santana, City
Clerk Approved as to form:

By:

Omar Sandoval, City Attorney
State of California "Contractor's" License No. N/A .

Contractor's Business Phone (310) 505-5858.

Emergency Phone (310) 505-5858 at which Contractor can be reached at any time. *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.

DocuSign Envelope ID: 47E3E024-1577-46F8-9120-B97B669B6A65 5/24/2024
5/31/2024

5.21.a
Packet Pg. 333

EXHIBIT A
Cost Break Down Per Fiscal Year
Ultimate Maintenance Services, Inc.

Proposal Dated 03/27/2024
Site Monthly FY24/25 FY25/26 FY26/27 FY27/28 FY28/29
Diamond Bar
Center
$6,350 $76,200 +CPI +CPI +CPI +CPI
City Hall/Library $5,725 $68,700 +CPI +CPI +CPI +CPI
Heritage Park –
Community
Center
$1,495 $17,940 +CPI +CPI +CPI +CPI
Pantera Park –
Activity Room
$975 $11,700 +CPI +CPI +CPI +CPI
Sycamore
Canyon – Office
$600 $7,200 +CPI +CPI +CPI +CPI
Day Porter @
Cityhall/Library
$6,350 $76,200 +CPI +CPI +CPI +CPI
Day Porter @
Diamond Bar
Center
$3,300 $39,600 +CPI +CPI +CPI +CPI
TOTAL $24,795 $297,540 +CPI +CPI +CPI +CPI
As Needed Services
Day Porter – as needed $25/hr Subject to annual CPI
As Needed – Hot Water Extraction $0.16/sq.ft Subject to annual CPI As Needed Budget Total $22,460
Total Authorization FY24/25 FY25/26 FY26/27 FY27/28 FY28/29 $320,000 +CPI +CPI +CPI +CPI
DocuSign Envelope ID: 47E3E024-1577-46F8-9120-B97B669B6A65

5.21.a
Packet Pg. 334
Agenda #: 5.22
Meeting Date: June 18, 2024
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: MAINTENANCE SERVICES AGREEMENT WITH WEST COAST
ARBORISTS, INC. TO PROVIDE TREE CARE AND MAINTENANCE
SERVICES THROUGH JUNE 30, 2029.

STRATEGIC
GOAL: Safe, Sustainable & Healthy Community
RECOMMENDATION:

A. Adopt Resolution No. 2024-27 approving cooperative purchasing for the Maintenance Services Agreement with West Coast Arborists, Inc. for Tree Care and Maintenance Services; and
B. Approve, and authorize the City Manager to sign, the Maintenance Services Agreement with West Coast Arborists, Inc. for Tree Care and Maintenance Services in the annual not-to-exceed amount of $443,300.

FINANCIAL IMPACT:

The total not-to-exceed amount of the Agreement for 2024/25 would be $443,300.

Sufficient funds are included in the 2024/25 operating budget to cover the cost of such services. The first 2 two years of this agreement have fixed line-item pricing, with the remaining 3 years having pre-negotiated line-item increases. In addition, the City would have the option to extend the agreement for two (2) additional one (1) year terms, subject to the same terms and conditions.

BACKGROUND:

The City is responsible for the maintenance of its urban forest comprised of approximately 12,000 trees. To effectively maintain and manage the urban forest, approximately 2,400 trees are pruned annually to ensure that all City-owned trees are pruned every five (5) years. Maintenance responsibilities include daily maintenance, management, planting, service requests, arborist, and emergency services for the urban forest. Maintenance services are completed on an annual, scheduled cycle for tree

5.22 Packet Pg. 335
pruning as well as service requests.

On June 19, 2018, the City Council approved a 3-year contract with 3 one-year extensions with West Coast Arborists Inc. (WCA) to provide comprehensive tree care and maintenance services. This Maintenance Services Agreement with WCA was awarded by use of cooperative purchasing (commonly referred to as “piggyback”).

Section 3.24.090 (f) of the City’s purchasing ordinance allows the City to “piggyback” onto similar contracts entered into by another government agency when, in the opinion of the purchasing manager, doing so is more cost-efficient.

WCA has a proven track record of providing comprehensive and cost-effective tree maintenance services to the City, as well as a number of local municipalities, which include the cities of Walnut, La Puente, South El Monte, Glendora, and Norco, to name a few.

ANALYSIS:

On April 26, 2023 the City of Norco received 3 proposals in response to the RFP for Tree Trimming, Removal and Planting Contract Services, and based upon their findings, the City of Norco awarded and entered into an agreement with WCA to provide such services.

City staff has reviewed recently submitted proposals for similar tree care and maintenance services received by other local cities in response to their requests for proposals. This was to ensure the rates submitted to Norco were the most cost-efficient based on the City’s anticipated work program and service needs in the upcoming fiscal years.

Based on these findings, City staff has determined that it is in the best interest of the City to “piggyback” off of the existing City of Norco agreement with WCA using the same scope of services and line-item rates provided for in the City of Norco contract with WCA, that is being recommended by City staff.

It is recommended that the City Council approves WCA's proposal for Tree Trimming, Removal, and Planting Services for a 5-year contract period.

LEGAL REVIEW:

The City Attorney has reviewed and approved the Resolution and the Agreement as to form.

PREPARED BY:

5.22 Packet Pg. 336
REVIEWED BY:

Attachments:

1. 5.22.a Resolution No. 2024-27

2. 5.22.b Maintenance Services Agreement with West Coast Arborists, Inc.

3. 5.22.c Exhibit A of Agreement with West Coast Arborists, Inc.

5.22 Packet Pg. 337
RESOLUTION NO. 2024-27

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND

BAR APPROVING AND AUTHORIZING THE CITY MANAGER TO

EXECUTE A MULTI-YEAR MAINTENANCE SERVICES AGREEMENT
WITH WEST COAST ARBORIST, INC. (WCA) FOR TREE
MAINTENANCE SERVICES.

WHEREAS, State Law requires the City to adopt procedures for the purchase of supplies, equipment and services by ordinance, but otherwise provides the City with significant flexibility to tailor its ordinance to meet the City’s needs; and WHEREAS, the City has adopted a Purchasing Ordinance (Chapter 3.24 of the Diamond Bar Municipal Code) meeting State law requirements; and WHEREAS, pursuant to Section 3.24.090(f) of the Purchasing Ordinance, the City Council may authorize the City to purchase supplies, equipment or services by “piggybacking” on similar contracts entered into by another city pursuant to that city’s purchasing program when, in the opinion of the purchasing manager, doing so is more cost efficient; and
WHEREAS, in 2023, following a competitive bid process conducted pursuant to its purchasing program, the City of Norco awarded a contract for tree care and maintenance services to West Coast Arborists, Inc.; and
WHEREAS, West Coast Arborists, Inc. has agreed to enter into a contract with the City which provides the same general unit pricing and scope of services as set forth in West Coast Arborists’ contract with the City of Norco; and WHEREAS, the purchasing manager has determined that entering into a contract with West Coast Arborists, Inc. under such terms and conditions is more cost efficient than following the formal bidding process set forth in the Purchasing Ordinance.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Diamond Bar does hereby find and determine as follows:

1. Based on the information provided by the City’s purchasing manager, the City Council finds that entering into an agreement with West Coast Arborists, Inc. for tree care and maintenance services according to the same terms and conditions as to price of the services as procured by the City of Norco is more cost-efficient and in the best interest of the City.

2. The Maintenance Services Agreement between the City of Diamond Bar and West Coast Arborists, Inc. incorporated herein by reference (“Agreement”) is hereby approved and the City Manager is hereby authorized to execute the Agreement on behalf of the City.

5.22.a
Packet Pg. 338
Resolution No. 2024-27
2 PASSED, APPROVED AND ADOPTED THIS 18th day of June, 2024.

CITY OF DIAMOND BAR
Stan Liu, Mayor
ATTEST:

I, Kristina Santana, 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 18th day of June, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAINED: COUNCIL MEMBERS:
__________________________
Kristina Santana, City Clerk

5.22.a
Packet Pg. 339
1321008.1 1

MAINTENANCE SERVICES AGREEMENT
THIS AGREEMENT (the "Agreement") is made as of June 18, 2024 by and between the City of Diamond Bar, a municipal corporation ("City") and West Coast Arborists, Inc. ("Contractor").

1. Contractor's Services.

Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to the reasonable satisfaction of the City, Tree trimming, removal and planting maintenance services described and set forth in the Proposal Summary Sheet attached hereto as Exhibit "A", which is incorporated herein by this reference, at the per unit prices set forth in Exhibit “A”.

Exhibit “A” is a summary of Contractor’s response to Request for Proposals issued by the City of Norco on April 3, 2023 for the same types of services. It is the intent of the parties that Contractor will provide similar or higher quality services to the City under this Agreement, and according to the same terms and conditions as to price of the services, as it does to the City of Norco pursuant that certain tree trimming, removal and planting maintenance services agreement between Contractor and the City of Norco, dated on or about May 17, 2023. As a material inducement to the City to enter into this Agreement, Contractor represents and warrants that it has thoroughly investigated the work and fully understands the difficulties and restrictions in performing the work. Contractor represents that it is fully qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees.

Anthony Jordan, Parks & Maintenance Superintendent (herein referred to as the “City’s Project Manager”), shall be the person to whom the Contractor will report for the performance of services hereunder. It is understood that Contractor shall coordinate its services hereunder with the City’s Project Manager to the extent required by the City’s Project Manager, and that all performances required hereunder by Contractor shall be performed to the satisfaction of the City’s Project Manager and the City Manager

2. Term of Agreement. This Agreement shall take effect July 1, 2024, and shall continue until June 30, 2029 ("Term"), unless earlier terminated pursuant to the provisions herein.

The City shall have the option to extend this Agreement for two (2) additional one (1) year terms, subject to the same terms and conditions contained herein, by giving Contractor written notice of the exercise of this option at least thirty (30) days prior to the expiration of the initial Term. In the event the City exercises its option to extend the Term, Contractor's compensation shall be subject to an adjustment upon the effective date of extension as follows:

Any increase in compensation will be negotiated between the City and the Contractor, but in no event shall the increase exceed the amount that the Consumer Price Index ("CPI") for the Los Angeles-Anaheim-Riverside metropolitan area for the month immediately preceding the Adjustment Date (the "Index Month") as reported by the Bureau of Labor Statistics of the United States Department of Labor, has increased over the CPI for the month one year prior to the Index Month. Any exercise of an option to

5.22.b
Packet Pg. 340
1321008.1 2
extend the Term and/or increase in compensation, negotiated or based upon CPI, shall be subject to approval of the City Council.

3. Compensation. City agrees to compensate Contractor for each task or service which Contractor performs to the satisfaction of City based upon the actual time spent on each task or service at the per unit price for each task or service set forth in Exhibit "A". Payment will be made only after submission of proper invoices in the form specified by City. Total payment to Contractor in any fiscal year pursuant to this Agreement shall not exceed four hundred forty-three thousand three hundred dollars ($443,300) 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, Contractor 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 Contractor the amount invoiced the City will pay Contractor the amount properly invoiced within 35 days of receipt.

D. Payment shall constitute payment in full for all services, authorized costs and authorized extra work covered by that invoice.

6. 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.

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,

5.22.b
Packet Pg. 341
1321008.1 3
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.

10. Indemnification.

Contractor shall indemnify, defend with counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers ("Indemnitees") from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys' fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with:
(1) Any and all claims under Worker’s Compensation acts and other employee benefit acts with respect to Contractor’s employees or Contractor’s contractor’s employees arising out of Contractor’s work under this Agreement; and

5.22.b
Packet Pg. 342
1321008.1 4
(2) Any and all claims arising out of Contractor's performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, regardless of City’s passive negligence, but excepting such loss or damage which is caused by the sole active negligence or willful misconduct of the City. Should City in its sole discretion find Contractor’s legal counsel unacceptable, then Contractor shall reimburse the City its costs of defense, including without limitation reasonable attorneys' fees, expert fees and all other costs and fees of litigation. The Contractor shall promptly pay any final judgment rendered against the Indemnitees. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement. Except for the Indemnitees, this Agreement shall not be construed to extend to any third-party indemnification rights of any kind.

11. Insurance.

A. Contractor shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company authorized to do business in the State of California and approved by the City the following insurance:
(1) a policy or policies of broad-form comprehensive general liability insurance written on an occurrence basis with minimum limits of $2,000,000.00 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 $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 $2,000,000.00; 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 nonrenewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City at least ten (10) day's prior written notice thereof. Contractor agrees that it will not cancel, reduce or otherwise modify the insurance coverage and in the event of any of the same by the insurer to immediately notify the City.

D. All policies of insurance shall cover the obligations of Contractor pursuant to the terms of this Agreement and shall be issued by an insurance company which is authorized to

5.22.b
Packet Pg. 343
1321008.1 5
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.

5.22.b
Packet Pg. 344
1321008.1 6
to and the right to audit and reproduce any of Contractor's records regarding the services provided under this Agreement. Contractor shall maintain all such records for a period of at least three (3) years after termination or completion of this Agreement. Contractor agrees to make available all such records for inspection or audit at its offices during normal business hours and upon three (3) days' notice from the City, and copies thereof shall be furnished if requested.

14. Termination. The City may terminate this Agreement with or without cause upon thirty (30) days' written notice to Contractor. The effective date of termination shall be upon the date specified in the notice of termination, or, in the event no date is specified, upon the thirtieth (30th) day following delivery of the notice. In the event of such termination, City agrees to pay Contractor for services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written notice of termination, Contractor shall discontinue performing services, unless the notice provides otherwise, except those services reasonably necessary to effectuate the termination. The City shall be not liable for any claim of lost profits.

City also shall cause a copy of such determinations to be posted at the job site.

The CONTRACTOR and any of its subcontractors must be registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5, which precludes the award of a contract for a public work on any public works project awarded after April 1, 2015. This Agreement is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

17. Non-Discrimination and Equal Employment Opportunity.

5.22.b
Packet Pg. 345
1321008.1 7
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.

18. Time Is of the Essence. Time is of the essence in this Agreement. Contractor shall do all things necessary and incidental to the prosecution of Contractor's work. 19 Delays and Extensions of Time. Contractor's sole remedy for delays outside its control shall be an extension of time. No matter what the cause of the delay, Contractor 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 Contractor’s control. If Contractor 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.

21. Compliance with Laws. Contractor shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments.

22. 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.

23. 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

5.22.b
Packet Pg. 346
1321008.1 8
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. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during regular business hours or by facsimile before or during regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section. “CONTRACTOR” “CITY”
West Coast Arborists, Inc. City of Diamond Bar
2200 E. Via Burton St. 21810 Copley Drive
Anaheim, CA 92806 Diamond Bar, CA 91765-4178
Attn.: Patrick Mahoney Attn.: Anthony Jordan
Phone: 800.521.3714 Phone: 909.839.7063
E-Mail: E-mail: [email protected]

26. Governing Law. This Agreement shall be interpreted, construed and enforced in accordance with the laws of the State of California.

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.

5.22.b
Packet Pg. 347
1321008.1 9
IN WITNESS of this Agreement, the parties have executed this Agreement as of the date first written above.
"Contractor" "City"
WEST COAST ARBORISTS, INC. CITY OF DIAMOND BAR
By: ______ By: ____
Printed Name: Patrick Mahoney Dan Fox, City Manager
Title: President
By: ATTEST:

Printed Name: Richard Mahoney
Title: Secretary
Kristina Santana, City Clerk
Approved as to form:

By: ____
Omar Sandoval, City Attorney

State of California "CONTRACTOR'S" License No. 366764.

CONTRACTOR'S Business Phone 800.521.3714
Emergency Phone 714.991.1900 at which CONTRACTOR can be reached at any time. *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.

5.22.b
Packet Pg. 348
EXHIBIT “A”

5.22.c
Packet Pg. 349

5.22.c
Packet Pg. 350

5.22.c
Packet Pg. 351

5.22.c
Packet Pg. 352

5.22.c
Packet Pg. 353

5.22.c
Packet Pg. 354

5.22.c
Packet Pg. 355

5.22.c
Packet Pg. 356

5.22.c
Packet Pg. 357

5.22.c
Packet Pg. 358

5.22.c
Packet Pg. 359

5.22.c
Packet Pg. 360

5.22.c
Packet Pg. 361

5.22.c
Packet Pg. 362

5.22.c
Packet Pg. 363

5.22.c
Packet Pg. 364

5.22.c
Packet Pg. 365

5.22.c
Packet Pg. 366

5.22.c
Packet Pg. 367

5.22.c
Packet Pg. 368

5.22.c
Packet Pg. 369

5.22.c
Packet Pg. 370

5.22.c
Packet Pg. 371

5.22.c
Packet Pg. 372

5.22.c
Packet Pg. 373

5.22.c
Packet Pg. 374

5.22.c
Packet Pg. 375

5.22.c
Packet Pg. 376

5.22.c
Packet Pg. 377

5.22.c
Packet Pg. 378

5.22.c
Packet Pg. 379

5.22.c
Packet Pg. 380

5.22.c
Packet Pg. 381

5.22.c
Packet Pg. 382

5.22.c
Packet Pg. 383

5.22.c
Packet Pg. 384

5.22.c
Packet Pg. 385

5.22.c
Packet Pg. 386

5.22.c
Packet Pg. 387

5.22.c
Packet Pg. 388

5.22.c
Packet Pg. 389

5.22.c
Packet Pg. 390

5.22.c
Packet Pg. 391

5.22.c
Packet Pg. 392

5.22.c
Packet Pg. 393

5.22.c
Packet Pg. 394

5.22.c
Packet Pg. 395

5.22.c
Packet Pg. 396

5.22.c
Packet Pg. 397

5.22.c
Packet Pg. 398

5.22.c
Packet Pg. 399

5.22.c
Packet Pg. 400

5.22.c
Packet Pg. 401

5.22.c
Packet Pg. 402
City Council

STAFF REPORT
Date: May 17, 2023 Agenda Item:

2.H.

To: Honorable Mayor and City Council Members
Prepared By: Chad Blais, Public Works Director
Department: Public Works
SUBJECT:

Approval of 5-Year Tree Trimming, Removal, and Planting Contract with West Coast Arborists, Inc.

RECOMMENDATION:

Accept the proposal from West Coast Arborist, Inc. and award a five-year Tree Trimming, Removal, and Planting Contract in an amount not to exceed amount of $250,000 annually.

SUMMARY:

Staff solicited proposals for annual tree maintenance service to maintain the community tree canopy. The City received three proposals and based on the review of the proposals, staff selected West Coast Arborists (WCA) as the most qualified firm to maintain the City's urban forest. Staff is recommending approval of a five year Agreement with WCA.

BACKGROUND:

The City utilizes contract tree trimming and tree maintenance services to perform scheduled and emergency trimming and removal of the City's estimated 9,000 trees and to provide other on-call services. Maintaining a community tree canopy is a key component in preserving safety, aesthetics, addressing liability and in promoting a beautiful community with tree line trails and parkways adding to the quality of life for residents and visitors to Horsetown USA. The majority of the over 9,000 trees in inventory are situated along residential and equestrian trails, parks and parkways.

WCA has been the contract maintenance service provider for the City for the last 17 years.

During the current contract the City successfully implemented a five-year tree-grid trimming maintenance program which divides the City boundaries into five tree maintenance zones; typically, one zone per year is trimmed. During the year, minor additional maintenance in the other zones may/may not occur based on need and budget allocations. Using the zone method allows for all trees to be inspected and judiciously

5.22.c
Packet Pg. 403
pruned once every five years. However, the current maintenance agreement is set to expire June 30, 2023.

Therefore, staff elected to develop a request for proposals (RFP) in effort to see the level of services and rates being offered in the marketplace. On April 3, 2023, the City posted an official RFP on PlanetBid website for Tree Trimming, Removal and Planting Contract Services. On April 26, 2023, the City received three proposals: West Coast Arborists, Mariposa Tree Management Inc., and Golden West Arbor Services.

Staff reviewed the proposals by evaluating each company’s experience, credentials, completeness, accuracy, firm history, location, services offered, years in business and familiarity with the City and total aggregate costs. As part of the process in evaluating the proposals, staff looked at two primary factors: (1) the overall pricing proposed by the firm for individual services and (2) the quality and response capability of the firm. Please note Golden West Arbor Services only provided hourly rates and therefore the proposal is not being considered. After a thorough review of the remaining two proposals, it was determined WCA offered more competitive pricing and services. WCA's proposal (see attached WCA Proposal) outlines the rates provided in year one (1) and two (2) will remain the same before an increase begins in year three (3). In addition, WCA's current awareness of the City's needs, familiarity with the community (working around horses), and overall positive performance during the current contract will allow the City to continue our high level of service to the community. Staff prepared a summary sheet of the services that are comparable between the two proposals to allow for comparison (see Fee Schedules).

Staff is recommending the City Council accept the proposal from West Coast Arborists, Inc. and award a five (5)-year Tree Trimming, Removal, and Planting Contract in an amount not to exceed amount of $250,000 annually. The agreement does allow for two one (1)-year extensions approved by mutual agreement.

FISCAL IMPACT:

The funding for contract tree maintenance services in the amount of $250,000 is traditionally funded from Gas Tax Fund. However, for fiscal year 2023-24 the Gas Tax Fund is anticipated to have insufficient funds to cover all the various services funded annually, therefore, staff is proposing Council approve the use of Measure R funds for the upcoming fiscal year. If sufficient Gas Tax Revenues are available in subsequent fiscal years to cover contract tree maintenance, then those services will revert back to the Gas Tax Fund.

RELATIONSHIP TO STRATEGIC PLAN:

Approval of the multi-year tree maintenance contract is consistent with Strategic Direction No. 5 - Infrastructure & Asset Management: Ensure timely preservation, replacement, improvement and acquisition of infrastructure and capital assets.

REVIEWED AND APPROVED BY:

Certified as to Availability of Funds: Lisette Free, Finance Director Approved by: Lori Sassoon, City Manager

5.22.c
Packet Pg. 404
Approved as to Form: Harper and Burns, LLC, City Attorney ATTACHMENT(S):

West Coast Arborist Proposal
Fee Schedule Comparison
West Coast Arborist Contract

5.22.c
Packet Pg. 405
City of Norco
RFP/Q – Tree Trimming, Removal and Planting Contract Services

5.22.c
Packet Pg. 406
Client Name / RFP Name
2 Setting the Gold Standard
Table of Contents
LETTER OF OFFER ............................................................................................................................. 3 COMPANY QUALIFICATIONS ......................................................................................................... 4 Company Introduction ........................................................................................................... 4 SCOPE OF SERVICES ....................................................................................................................... 6 TEAM QUALIFICATIONS .................................................................................................................. 9 PROJECT APPROACH AND MANAGEMENT............................................................................... 12 Workflow Timelines ................................................................................................................. 14 CLIENT REFERENCES ...................................................................................................................... 15 TEAM MEMBER RESUMES .............................................................................................................. 16 APPENDICES .................................................................................................................................. 18

5.22.c
Packet Pg. 407

5.22.c
Packet Pg. 408
Client Name / RFP Name
4 Setting the Gold Standard

COMPANY QUALIFICATIONS
Company Introduction
WEST COAST ARBORISTS, INC. (WCA)
is a family-owned and operated union company employing over 1,100 full-time employees providing tree maintenance and management services. We are proudly serving over 3300
municipalities and public agencies. We provide superior and safe tree care operations seven days a week, 24 hours a day
throughout California and Arizona.

OUR VISION
As a corporate citizen, WCA’s responsibility and accountability are to the communities where we do business. We hold ourselves to the highest standards of ethical conduct and environmental responsibility, communicating openly with our customers and the communities in which we work. It is our goal and vision to lead the industry in state-of-the-art urban tree care and management services.
100% CUSTOMER SATISFACTION
Customer satisfaction is our top priority. We guarantee your complete satisfaction with every facet of our services. Our dedication to customer service has earned WCA a reputation unrivaled in the industry for dependability, integrity, quality and courtesy. We authorize our employees to do whatever is necessary to achieve the highest quality results. We know that high quality work saves our customer’s valuable time and is far more cost effective if we do our work properly the first time. We are committed to courteous and prompt customer service to fully resolve any issue.

COMPANY INFORMATION
President: Patrick Mahoney
Organization Type: Corporation
Established: 1972
Federal Tax ID: 95-3250682
DIR Registration: 1000000956
Members of Laborers’ Union:

LiUNA!
SAM Entity ID: CFJMVMJ9NSD1

CORPORATE OFFICE
2200 E. Via Burton St.

Anaheim, CA 92806

REGIONAL OFFICES
Escondido, CA
Fresno, CA
Indio, CA
Phoenix, AZ
Riverside, CA
Sacramento, CA
San Diego, CA
San Jose, CA
San Francisco, CA
Santa Clarita, CA
Stockton, CA
Ventura, CA

CONTRACT ADMINISTRATION
Victor Gonzalez, Vice President
Corporate Office
Phone (714) 991-1900
Fax (714) 956-3745
Email: [email protected]

FIELD MANAGEMENT
Martin Cortez, Area Manager
Riverside Office
21718 Walnut Ave.

Grand Terrace, CA 92313
Phone (909) 783-6544
Fax (909) 783-6515
Email: [email protected]
EMERGENCY RESPONSE 24/7
1 800 LIMB DOWN

5.22.c
Packet Pg. 409
Client Name / RFP Name
5 Setting the Gold Standard
Corporate Capabilities
West Coast Arborists, Inc., is committed to successfully completing each project in accordance with the specifications, budget, schedule and with the highest quality of service. Our customers’ satisfaction is a direct result of our means to carry out each project. Listed below are some of our corporate capabilities, which not only provide a sense of comfort and confidence to our customers, but also assure them of our continuous ability to carry out the duties of managing their urban forest. disqualified, removed, or otherwise prevented from bidding on, or completing any contract for tree maintenance services.
• In business continuously and actively since 1972
• Contractor’s License C61/D49,
C27, C31, C21, A & B
• Over $8,500,000 line of credit available
• Annual financial audits available upon request
• Bonded by ARCH, an A+ rated company
• 1,100+ employees
• 330+ contracts with public agencies
• 95+ Certified Arborists
• 155+ Certified Tree Workers
• Drug-free workplace
• 14,000 sq. ft. company-owned
Headquarters (Anaheim)
• Department of Agriculture Nursery license
• Avg. 712,000 trees pruned annually over past 3 years
• Avg. 46,000 trees removed annually over past 3 years
• Avg. 20,000 trees planted annually over past 3 years
• Avg. 250,000 trees inventoried annually over past 3 years • Fully insured with insurance up to $25 million
• Federal Tax ID #95-3250682, current on all taxes and
fillings with state and federal government
• Sales volume over $140 million annually
• Fleet of approximately 1,600 pieces of equipment

Active Memberships:

Tree Care Industry Association (TCIA)
International Society of Arboriculture (ISA)
League of California Cities (LCC)
California Parks & Recreation Society (CPRS)
Association of California Cities|
–Orange County (ACCOC)
Maintenance Superintendents Association (MSA)
California Landscape Contractors Association (CLCA)
Street Tree Seminar (STS)
California Urban Forest Council (CaUFC)
American Public Works Association (APWA)

5.22.c
Packet Pg. 410
Client Name / RFP Name
6 Setting the Gold Standard

SCOPE OF SERVICES
Grid Tree Pruning
Grid tree pruning is based on pruning in pre-designed districts, or grids on a set cycle and in its entirety. This includes pruning all trees (small, medium and large-sized.) Pruning will include structural pruning, crown raising, and slight crown cleaning in accordance with the standards set forth by the International Society of Arboriculture Pruning Standards (Best Management Practices) and shall have no more than 15% of the live foliage removed at a given time.

Special Request Tree Pruning
Special Request Tree Pruning includes tree maintenance services on designated tree(s) as ordered by the City’s Arborist or designee. This category of pruning may include structural pruning, crown raising, crown cleaning and/or pruning to restore the crown. Whichever work type is ordered by the City, pruning will be performed in accordance with the standards set forth by the International Society of Arboriculture Pruning Standards and the Best Management Practice, Tree Pruning Guidelines. Trees that are identified for a Special Request Tree Prune shall have approximately 25% of the live foliage removed at a given time.

Pruning to reduce the tree’s crown (or Crown Reduction Pruning) may be performed when conditions within the crown of a hardwood tree are such that the overall canopy mass and excessive wood weight needs to be reduced. This type of prune is performed when the City’s primary objective is to maintain or improve tree health and structure and will be charged at the Crew Rental rate as agreed upon by the City and WCA.

Line Clearance
Trees that interfere or have the possibility of interfering with utility lines will be trimmed in a manner to achieve the required clearances as specified and in accordance with the California Public Utilities Commission. It is our goal to protect the current health and condition of the tree and to maintain its symmetry and direct growth away from the utility lines.

Young Tree Maintenance (Optional)
Proper pruning and care during the early stages of the tree’s life will save money in the future, and create a safer, more beautiful, healthy, easy-to-maintain tree. We believe that tree care that is performed early will affect its shape, strength and life span. Our specialized small tree care team consists of certified personnel trained to perform the following under the hourly rate:
• Selective structural pruning
• Removal of dead, interfering, split and/or broken limbs • Pre-conditioning the water retention basin built around the tree • Staking or re-staking
• Adjusting tree ties
• Adjusting trunk protectors
• Weed abatement

5.22.c
Packet Pg. 411
Client Name / RFP Name
7 Setting the Gold Standard
Root Pruning
We strongly recommend against any root pruning, however, should the City elect to proceed, we recommend that it be done no closer than 3 times the diameter of the trunk. Roots will be pruned to a depth of approximately 12 inches by cleanly slicing through the roots, so as not to tear or vibrate the root causing damage to the tree. The excavated area will be backfilled with native soil and debris will be hauled away. This is performed under the hourly rate.

Tree and Stump Removal Operations
With a minimum of 48 hours advanced notice, WCA will inform Underground Service Alert (USA) of the location of work for the purpose of identifying any and all utility lines. The removal process consists of lowering limbs delicately onto the ground to prevent any hardscape damage.

Immediately following the removal, the stump will be ground down, if ordered to do so and with proper USA notification. Our standard stump grinder is the Vermeer SC802. This stump grinder is ideal for any size job and can be used to grade large stumps. We also use the Dosko SC69 stump grinders. These are intended to remove tree stumps and exposed root systems close to ground level. Tree removal and stump removal are to be charged separately in accordance with the contract.

Tree Watering
Tree watering will be performed by a full-time, WCA team member on various routes, when requested by the Agency. This team will also be responsible for reporting special care needs to the small tree care team. This could include reporting weeds, soil that has settled, and/or staking and tying needs. WCA currently provides tree watering in the cities of Culver City, Santa Clarita and Santa Monica as part of their regular tree maintenance services.

Emergency Response
We are prepared for emergency calls 24 hours a day, 7 days a week, including holidays. The toll free number is 866-LIMB-DOWN (866-546-2369). This number will be provided to the Agency, Police Department and/or Fire Department. Our emergency response team will do what is necessary to render the hazardous tree or tree-related condition safe until the following workday.

Tree Planting
We can replace trees that have been removed and plant new trees in accordance with the City’s specifications. We are prepared financially and logistically to acquire and purchase selected tree species for tree planting. At a minimum of 48 hours in advance we will inform Underground Service Alert (USA) of the location of work for the purpose of identifying any and all utility lines. A well-trained planting team will perform the soil preparation and installation of the tree.

5.22.c
Packet Pg. 412
Client Name / RFP Name
8 Setting the Gold Standard
Crew Rental
Due to our vast amount of resources, including our specialty equipment and qualified personnel we are able to extend our commitment to our customers by providing various miscellaneous services outside of the most common tree maintenance services:
• Misc. use of aerial towers and cranes (including equipment rental) • Crown reduction
• Crown restoration
Arborist Reports
We have full-time Certified Arborists on staff that can prepare detailed arborist reports, tree evaluations and site inspections based on your specific needs. Reporting can be generated for one tree or an entire selection and is handled on a case-by-case basis.

WCA provides the technology,
management, and civic experience
that makes it the preferred tree
management partner across the West.

Plant Health Care
Tim Crothers, Plant Health Care Manager
ISA Board Certified Master Arborist WE-7655 BUM
DPR Qualified Pest Control Applicator #145321, QAL Category B & D Our PHC program managed by Tim goes beyond standard chemical applications. We have developed an efficient Integrated Pest Management Program (IPM) that requires diagnosis before treatment. WCA is staffed with licensed applicators and advisors that are environmentally conscious as well as compliant with the California Department of Pesticide Regulation. This service allows us to provide you with:
• Proper diagnosis based on on-site inspection with laboratory testing when necessary • Proactive and preventative recommendations that reduce the amount of potential pest and disease issues
• Follow-up evaluations to ensure that the recommended treatments result in a healthy and balanced urban forest

5.22.c
Packet Pg. 413
Client Name / RFP Name
9 Setting the Gold Standard

TEAM QUALIFICATIONS
Introduction
West Coast Arborist’s (WCA) is a company comprised of a management team and a safety committee. Staff members have diverse educational backgrounds including accounting, business administration, engineering, and forestry.

Work Force
WCA actively maintains ongoing processes to assure that only qualified and competent staff provides safe and quality tree maintenance services. These skilled employees can only be achieved through both training and work experience. We believe that essential experience should always be obtained through qualified supervision; this includes both basic and extended skills. WCA makes every attempt to ensure that this is undertaken before performing work, leading a crew, or career advancement. The work performed on this contract is routine, recurring and usual. The work includes watering, trimming, pruning, planting, removal and replacement of trees and plants, and servicing of irrigation. The rates included in the Cost Proposal are based on the current prevailing wage determination for “Tree Maintenance (Laborer).” Certification
WCA encourages its employees to get certified through the International Society of Arboriculture, in an effort to raise the standard of professional tree care companies. This standard exemplifies our company’s commitment to providing customers with competent, knowledgeable certified workers. WCA employs a large number of ISA Certified Arborists and ISA Certified Tree Workers.

Crew Evaluation
WCA employees are evaluated through an internal mechanism supervised by our Management Team. Each employee performs their duties according to a criteria-based job description that reflects safety, quality workmanship, productivity, appropriateness of care, problem solving and customer service. A performance appraisal is conducted for each employee upon completion of the probationary period and at least annually thereafter. Each worker is also required to complete a competency assessment and orientation upon hire and annually thereafter in selected areas to assure that ongoing requirements are met and opportunities for improvement are identified.

Staff members have diverse
educational backgrounds
including accounting,
business administration,
engineering, and forestry.

5.22.c
Packet Pg. 414
Client Name / RFP Name
10 Setting the Gold Standard

5.22.c
Packet Pg. 415
Client Name / RFP Name
11 Setting the Gold Standard
WCA’s ISA Certified Arborists
ADAN BALTAZAR REYNAGA WE-7786AT HERMINIO PADILLA WE-7552AUTM JOSE MANUEL PEREZ WE-0818AT REBECCA A. MEJIA WE-2355A ANDREW JOSEPH PINEDA WE-12738A HUGO ANGEL RINCON WE-8710AT JOSEPH NICK ALAGO WE-4396AU RENE ROSALES WE-7941AT ANDREW R. TROTTER WE-0642AU IGNACIO LOPEZ WE-7329AU JOSEPH BARTOLO WE-2034AU RICHARD R. MAHONEY WE-1171A ANDREW JOSEPH ONDREJECH WE-13817A ISAAC GARZA, JR. WE-8689A JUAN ORTIZ WE-8514AT ROBERT EDWARD KNIGHT WE-11564AT BENJAMIN EUGENE BORDSON WE-10777A ISAAC ONTIVEROS WE-8567A JUAN P. LAIJA, JR. WE-13425A ROBERT D. THOMPSON WE-0915AU BRIAN C. KIRKEGAARD WE-10476AT ISAIAS BARAJAS MACIAS WE-10979AT JULIO C. GARCIA VAZQUEZ WE-11175AT ROBERT A. WRIGHTSON WE-10411A BRIAN M. KOCH WE-0341A ISIDRO ESTRADA BARBOZA WE-11685A JUSTIN LEE MENZEL WE-11756A ROSE M. EPPERSON WE-1045A CALVIN F. HAUPT WE-7634A J. ALONSO GARCIA-LOPEZ WE-8499A KANAMI MARIE OTANI WE-13275A RYAN R. COLBERT WE-13154A DANE JENSEN WE-12014A JAIME ROGELIO HERNANDEZ WE-5297AT KELLY ANN PARKINS WE-13868A SAMUEL JIMENEZ WE-11109AT DANIEL CHAVARRIA WE-10292AT JAMES PAUL SPECK II WE-10858AT KRIS BURBIDGE WE-9566AUM SEAN PATRICK SULLIVAN WE-10050AT DANIEL MAHONEY WE-10434A JASON ROSS DAVLIN WE-7628A LEONARDO RAMOS WE-11264AT SHAWN A. GUZIK WE-3182AU DANIEL RIVAS WE-10850AT JASON PINEGAR WE-2039AU LEONEL CORTEZ WE-8625AT STEFAN B. KALLENBERG WE-10730AT DANIEL WILLIAM VILLA, II WE-13609AT JEREMY PAUL PIERCE WE-12566A LORENZO PEREZ WE-7443AT STEPHEN GLENN DAVIS, JR. WE-10894AUTM DAVID GLYN EVANS WE-1588A JERRY A. ROWLAND WE-6353A MANUEL BRIANO WE-8791AT STEVE B. HUNT WE-1044AT DEBORAH DEPASQUALE WE-3812A JOEL LOPEZ WE-10871AT MARCO A. PADILLA JIMENEZ WE-8621AT TIMOTHY R. PATTERSON WE-12037A EDIBERTO SERNA SALAZAR WE-11051AT JOHN LEE PINEDA WE-10367AUT MARIO A. GONZALEZ WE-13119A TYLER KEASBEY LEHMANN WE-13460A EDUARDO VARGAS WE-11058AT JORGE MAGANA WE-3460A MATEO ARVIZU WE-10151AT VICTOR M. GONZALEZ WE-7175AM ERNESTO J.F. MACIAS WE-7120AUM JOSE LUIS ABALOS WE-8734A MICHAEL ALAN DA SILVA II) WE-12483A WALLACE BURCH WE-0713AT FELIX HERNANDEZ WE-2037AT JOSE M. CORTEZ TORRES WE-8539AUT MICHAEL LOUIS YOUNG WE-11687AT WILLIAM STEVE PONCE WE-6461A FRANCIS LEO MALABUYOC WE-12279AT JOSE MANUEL JIMENEZ URQUIZO WE-11111AT MICHAEL ANTHONY NUNES WE-12943A GENARO VICENTE CORONEL WE-12740A JOSE INEZ MANCILLA WE-10983AT MITCHELL ANDREW OWENS WE-12619AT GERARDO MARTINEZ GARCIA WE-11358A JOSE M. CHAVARRIA MANZO WE-11210AT NESTOR M. CABRERA MORA WE-13613AT GERARDO PEREZ WE-9131AT JOSE A. ALVAREZ WE-10908AT NESTOR VALENCIA WE-11359A GONZALO REGALADO WE-9952AT JOSE ALFREDO GONZALEZ WE-6475AT OSCAR GUTIERREZ WE-12783AT HECTOR MONTES WE-8079AUT JOSE LUIS DELREAL WE-11231AT PATRICK O. MAHONEY WE-1172A WCA’s ISA Certified Tree Worker/Climbers
AN BALTAZAR REYNAGA WE-7786AT GABRIEL GAMINO WE-11167T JOSE M. MUNIZ GARCIA WE-11686T SALUSTIO SANCHEZ ARROYO WE-11462T ADAN RODRIGUEZ WE-11281T GABRIEL MERCADO RUIZ WE-11568T JOSE MANUEL PEREZ WE-0818AT SAMUEL JIMENEZ WE-11109AT ADOLFO S. RUIZ WE-11294T GAMALIEL MANZANO CORONA WE-12280T JUAN AMADOR ARCE WE-11480T SANTOS MACIAS LEMUS WE-10980T ADRIAN MUNOZ WE-13987T GEORGE HERNANDEZ PEREZ WE-12269T JUAN BECERRA WE-10932T SEAN PATRICK SULLIVAN WE-10050AT ALFREDO ANGEL LOPEZ WE-11334T GERARDO MARTINEZ GARCIA WE-10997T JUAN C. LOPEZ GARCIA WE-12918T SERGIO LOPEZ-RIVERA WE-10957T ANDRES ROMAN WE-11285T GERARDO PEREZ WE-9131AT JUAN MARQUEZ WE-10987T SERGIO MACIAS-PEREZ WE-10920T ANDREW JOSEPH ONDREJECH WE-13817AT GERARDO PEREZ BADILLO WE-13986T JUAN ORTIZ WE-8514AT STEFAN B. KALLENBERG WE-10730AT ANTHONY DOUGLAS FONG II WE-12051T GERARDO A. ORDUNO WE-11036T JUAN C. PENA-ARIAS WE-11327T STEPHEN GLENN DAVIS, JR. WE-10894AUTM ANTONIO CASTELLANOS WE-11203T GONZALO REGALADO WE-9952AT JUAN TELLEZ TAPIA WE-11137T STEVE B. HUNT WE-1044AT ANTONIO GARCIA CONTRERAS WE-11173T HARLEY THOMAS DAVIS WE-13430T JUAN C. TORRES-COVARRUBIAS WE-12343T TRISTON JAMES POWERS WE-12211T ARIEL ALONSO WE-10906T HECTOR MONTES WE-8079AUT JULIO C. GARCIA VAZQUEZ WE-11175T TYLER KEASBEY LEHMANN WE-13460AT ARMANDO O. LOPEZ WE-10953T HERIBERTO CORONEL WENCESLAO WE-11218T LEONARDO RAMOS WE-11264T VENTURA GOMEZ WE-11180T ARMANDO SOTO WE-11131T HERMINIO PADILLA WE-7552AUTM LEONEL CORTEZ WE-8625AT WALLACE BURCH WE-0713AT AURELIO PAZ-GUZMAN WE-11084T HUGO ANGEL RINCON WE-8710AT LETUSA MUAAU, JR. WE-11021T BENJAMIN EUGENE BORDSON WE-10777AT HUMBERTO CHAVARRIA WE-11207T LORENZO ARREOLA-MURILLO WE-13612T BRIAN C. KIRKEGAARD WE-10476AT ISAIAS BARAJAS MACIAS WE-10979AT LORENZO PEREZ WE-7443AT BRIAN NORTON WE-12678T ISRAEL A. RAMIREZ WE-11567T LUIS P. PEREZ WE-11245T CANDELARIO PRIEGO WE-12781T J. SOCORRO GARCIA WE-11172T LUIS A. MUNOZ RAMIREZ WE-11023T CARLOS IXTA WE-11106T JAIME ROGELIO HERNANDEZ WE-5297AT MANUEL BARRAGAN WE-10925T CARLOS LEYVA BARAJAS WE-12620T JAMES PAUL SPECK II WE-10858AT MANUEL BRIANO WE-8791AT CARLOS RAMOS WE-11263T JESUS M. SARABIA PENA WE-11450T MARCO A. CASTILLO REYES WE-13429T CELEDONIO R. MANZANO OLEA(E WE-10984T JESUS A. MONTES( WE-11014T MARCO A. PADILLA JIMENEZ WE-8621AT CELESTINO PEREZ WE-11243T JESUS E. GARCIA ARCE WE-13723T MARCOS RICHARD-MARTINEZ WE-10989T CESAR GUADALUPE VALENZUELA REYES WE-11076T JOEL LOPEZ WE-10871AT MATEO ARVIZU WE-10151AT CESAR WENCESLAO WE-10968T JOEL MARTINEZ WE-10992T MELCHOR LEMUS WE-11237T CUAUHTEMOC AMEZCUA QUEZADA WE-14058T JOEL ORTIZ WE-11039T MICHAEL ALAN DA SILVA II WE-12207T DANIEL CHAVARRIA WE-10292AT JOEL M. RIVERA WE-11273T MICHAEL LOUIS YOUNG WE-11687AT DANIEL ELIZARRARAS WE-13611T JOHN LEE PINEDA WE-10367AUT MIGUEL AYALA WE-10924T DANIEL RIVAS WE-10850T JONATHAN GARCIA HERNANDEZ WE-13989T MIGUEL MACIAS WE-10978T DANIEL WILLIAM VILLA, II WE-13609T JORGE ARREOLA-HERNANDEZ WE-11321T MIGUEL A. VALERIO AJAL WE-13848T DELFINO AGUILAR-MORALES WE-10900T JORGE DUENAS WE-11144T MITCHELL ANDREW OWENS WE-12619T DEMETRIO LIRA WE-11323T JORGE JIMENEZ WE-11110T NELSON R. AGUIRRE WE-10901T DEMETRIO OSEGUERA WE-11043T JOSAFAT MONTOYA WE-11015T NESTOR M. CABRERA MORA WE-13613T EDIBERTO SERNA SALAZAR WE-11051T JOSE AGUAYO WE-10899T NICOLAS GODINA WE-11907T EDUARDO AVILA WE-10812T JOSE ABEL CANCINO WE-11192T OSCAR GUTIERREZ WE-12783T EDUARDO HERNANDEZ WE-12917T JOSE AGUSTIN CARRILLO WE-11200T PEDRO CUEVAS WE-11765T EDUARDO VARGAS WE-11058AT JOSE M. CORTEZ TORRES WE-8539AUT PEDRO GARCIA WE-11168T EDWIN ANTONIO FUENTES WE-12777T JOSE R. GRANADOS WE-11186T PEDRO ADALBERTO HERNANDEZ

ALTAMIRANO
WE-11095T
FAUSTO GUZMAN WE-11083T JOSE JIMENEZ WE-11108T PEDRO SANDOVAL WE-11301T FELIX GARCIA WE-11170T JOSE JIMENEZ HERNANDEZ WE-11113T RAMON ZUNIGA GOMEZ WE-10977T FELIX HERNANDEZ WE-2037AT JOSE MANUEL JIMENEZ URQUIZO WE-11111T RANULFO PERALTA CASTANEDA WE-11202T FRANCIS LEO MALABUYOC WE-12279AT JOSE INEZ MANCILLA WE-10983T RAUL JIMENEZ DURAN WE-13865T FRANCISCO URENA JIMENEZ WE-11075T JOSE M. CHAVARRIA MANZO WE-11210AT RAUL MANZO HERNANDEZ WE-10985T FRANCISCO LOPEZ WE-10952T JOSE RODRIGUEZ WE-11277T RAUL TELLEZ TAPIA WE-11138T FRANCISCO RAMIREZ WE-11259T JOSE ALEJANDRO VALENZUELA WE-11674T RENE ROSALES WE-7941AT FRANCISCO VILLANUEVA WE-10965T JOSE A. ALVAREZ WE-10908T ROBERT EDWARD KNIGHT WE-11564T FRANCISCO F. WENCESLAO BARAJAS WE-10969T JOSE ALFREDO GONZALEZ WE-6475AT ROMUALDO GAETA LUNA WE-11165T FRED LOPEZ-PASTOR WE-13988T JOSE LUIS DELREAL WE-11231AT SALOMON SILVA WE-11053T

5.22.c
Packet Pg. 416
Client Name / RFP Name
12 Setting the Gold Standard

PROJECT APPROACH AND MANAGEMENT
Implementation Plan
To ensure the quality of work and the level of service
expected, WCA abides by a well-defined quality control
plan that incorporates the following:
• Certified personnel
• Safety
• Pruning specifications and guidelines
• Sound equipment
• Public relations
• Proper traffic control
• State-of-the-art communication systems
Area Manager: Martin Cortez
ISA Certification #: WE-8689A
TCIA CTSP #3312
ISA Tree Risk Assessment Qualified
The project Area Manager will be the central point of contact and will work cooperatively with Agency staff, local residents and business owners, etc. The Area Manger will provide overall field supervision and crew management.

Daily Management
Daily management will consist of, but not be limited to:
• Email notification complete with location, crew, equipment type, and work description • Supervise crew personnel to insure proper pruning standards are followed in a safe manner • Traffic control setup and maintenance of work zone
• Ensure work area is left free of debris at the end of shift • Maintain record of work completed each day
• Maintain good public relations at all times
• Provide immediate notification to Agency Inspector upon damage of personal property including a plan for corrective measures to take place within 48 hours Weekly Management
• Weekly management will consist of, but is not limited to:
• Weekly inspection of work completed
• Meet with the Agency to review work schedule and progress • Insure standards of pruning are performed in accordance with Agency specifications • Maintain open communication
Special shifts including
weekends and evenings
can be arranged in
accordance with the
Agency’s specifications.

5.22.c
Packet Pg. 417
Client Name / RFP Name
13 Setting the Gold Standard
Public Notification
Upon Agency staff approval, WCA will post a door hanger notice prior to commencement of grid pruning (within 24-48 hours). After tree plantings, door hangers will be provided to residents instructing them on the proper care for their newly planted tree. For more comprehensive outreach we can also submit a press release for special projects or routine maintenance. The Agency may modify the procedures and materials to which we notify residents.

Communication Systems
Our use of modern and reliable communication systems affect our daily job performance by increasing our efficiency. Management and Field Personnel utilize smart phones as both navigational and communication devices in the field. Smart phones have proven to be a convenient method to input data as related to tree inventories, daily work records, timesheets, photos, and billing information; eliminating the need to handwrite data and improving customer service by minimizing response time.

Permits and Licensing
WCA will procure a City Business License as necessary, and any “no-fee” permits prior to commencement of work. Permits (i.e., encroachment, traffic control, etc.) requiring fees will be charged back to the Agency.

Right-of-Way
All work will be performed in the public right-of-way. Employees will not utilize private property for eating, breaks or any other reason or use water or electricity from such property without prior written permission of owner.

Cooperation and Collateral Work
WCA will give right to operate within the project to the Agency workers and/other contractors, utility companies, street sweepers, and others as needed in a cooperative effort to minimize interference in daily operations.

Project Site Maintenance
Work site will be left free of debris at the end of each workday. We will not discharge smoke, dust, or any other air containments in quantities that violate the regulations of any legally constituted authority.

Scheduling of Work
The Area Manager is responsible for scheduling work which shall conform to the Agency’s schedule of performance. We recommend equal distribution of work throughout the course of the fiscal year. Notifications will be provided to residents prior to the start of pruning operations in said area. All work will be performed in a cooperative manner as to cause the least amount of interference or inconvenience.

5.22.c
Packet Pg. 418
Client Name / RFP Name
14 Setting the Gold Standard
Workflow Timelines
GRID PRUNING FLOWCHART (Within 30-day Completion)
REMOVAL FLOWCHART (Within 15-day Completion)
PLANTING FLOWCHART (Within 15-day Completion)
EMERGENCY FLOWCHART (Within 1-3 hour Response / 24-hour Completion)

PLANT HEALTH CARE FLOWCHART

5.22.c
Packet Pg. 419
Client Name / RFP Name
15 Setting the Gold Standard

CLIENT REFERENCES
West Coast Arborists understands the challenge that many cities face to reduce the cost of tree maintenance services, while increasing the level of performance. Utilizing our services as a valuable, cost-effective resource, cities are able to provide better services to their community.

These contracts cover a range of services from providing emergency response to maintaining the Agency’s entire urban forest.

CITY OF ONTARIO SINCE 1998
The City of Ontario and WCA have been working together on the City’s urban forest since 1998.

Requested work under this contract includes grid pruning, palm pruning, tree and stump removal, tree planting, a GPS tree inventory and other arborist services including report writing and plant health care for pests and more.

Contact: Phillip Marino, Parks & Maintenance Supervisor 303 E. B Street, Ontario, CA 91764 ~ (909) 229-6557 ~ [email protected] ANNUAL BUDGET: $2,600,000
CITY OF CORONA SINCE 2006
The City of Corona and WCA have been working together on the City’s urban forest since 2006.

City crews maintain the landscape maintenance districts. The City has initiated a removal project where dead, diseased, and dying trees are being phased out. In turn, the City has been planting over 100 trees annually.

Contact: Moses Cortez, Parks & Landscape Supervisor
755 Public Safety Way, Corona, CA 92880 ~ (951) 817-5728 ~ [email protected] ANNUAL BUDGET: $3,000,000
CITY OF FONTANA SINCE 1994
WCA has serviced the City of Fontana for over 25 years. In addition to maintaining the City’s street & park trees, we provided a GPS tree inventory using ArborAccess. The inventory allows them to budget and properly plan the maintenance of their urban forest. With a tree population of over 60,000 trees, the City utilizes a grid pruning cycle.

Contact: Chuck Hays, Public Services Director
16489 Orange Way, Fontana, CA 92335 ~ (909) 350-6530 ~ [email protected] ANNUAL BUDGET: $1,300,000
CITY OF REDLANDS SINCE 2004
WCA provides complete urban forestry management for more than 38,000 trees, including tree pruning, removals, planting and emergency services. We also provide inventory updates to the City’s own inventory database.

Contact: Erick Reeves, Parks Division Coordinator
1270 W. Park Ave. #J, Redlands, CA 92373 ~ (909) 798-7853 ~ [email protected] ANNUAL BUDGET: $200,000
CITY OF LAKE ELSINORE SINCE 2004
WCA provides the City of Lake Elsinore with citywide tree maintenance services. This work includes maintaining the City’s grid pruning cycle, service request pruning, tree and stump removals, tree planting, GPS tree inventory updates and emergency response.

Contact: Chris Erickson, Public Works Supervisor
521 N. Langstaff St., Lake Elsinore, CA 92530 ~ (951) 674-5170 ~ [email protected] ANNUAL BUDGET: $212,000

5.22.c
Packet Pg. 420
Client Name / RFP Name
16 Setting the Gold Standard

TEAM MEMBER RESUMES
Meet the Team: Project Team
NICK ALAGO Regional Manager/V.P.

Mr. Alago has been with WCA since 1999. He has nearly 35 years’ experience in the arboriculture field. He started with WCA as a Foreman and was continuously promoted reaching the status of Area Manager. For over 10 years, he excelled as an Area Manager for the Inland Empire and was promoted in 2020 to Regional Manager. As a Regional Manager for the Los Angeles and Inland Empire areas, he oversees the operations and provides support to the Area Managers. His extensive knowledge of the urban forest is a columniation of experience and continued education as well as certification that is offered in the industry.
• ISA Certified Arborst #WE-4396 AU
• TCIA Certified Treecare Safety Professional (CTSP) #250 • ISA Tree Risk Assessment Qualified
• TLC Wildlife Aware Certified
MARTIN CORTEZ Area Manager
Mr. Cortez has been with WCA since 2006. Martin has worked as a groundman and trimmer. In time, his efforts were recognized as he is experienced a number of promotions: from Crew Leader to Foreman to Supervisor to now being the Area Manager of Riverside County and beyond. Today, Martin is responsible for field operations and management of crews. He is also involved in scheduling, evaluation, and production of street tree maintenance. He currently manages contracts for all of Riverside County customers.
• ISA Certified Arborist #WE-8539 AUT
• ISA Tree Risk Assessment Qualified
• TCIA Certified Treecare Safety Professional (CTSP) #2958 MARCO PADILLA Project Supervisor
As Site Supervisor, Marco is a full-time employee and speaks fluent English. Marcol started his career with WCA in 2003, working his way up from groundman to Foreman and Supervisor. He is responsible for reviewing the day’s activities, assisting the Area Manager in scheduling, and ensuring proper safety procedures are being followed. As Supervisor, he will communicate with City officials and other interested parties on a daily basis. Report and resolve malfunctions, damage, or industrial injury. He also assists in employee training programs, maintaining records, and filing daily reports and receipts.
• ISA Certified Arborist/Tree Worker Climber #WE-0818AT • TCIA Certified Treecare Safety Professional (CTSP) #575 • ATSSA Traffic Control Technician #459650

5.22.c
Packet Pg. 421
Client Name / RFP Name
17 Setting the Gold Standard
LEONEL CORTEZ Project Supervisor
As Site Supervisor, Leo is a full-time employee and speaks fluent English. Leo started his career with WCA in 2002 as a groundsman and has an extensive knowledge of arboriculture and tree maintenance for municipalities. He is responsible for reviewing the day’s activities, assisting the Area Manager in scheduling, and ensuring proper safety procedures are being followed. As Supervisor, he will communicate with City officials and other interested parties on a daily basis. Report and resolve malfunctions, damage, or industrial injury. He also assists in employee training programs, maintaining records, and filing daily reports and receipts. • ISA Certified Arborist/Tree Worker Climber #WE-8625AT • TCIA Certified Treecare Safety Professional (CTSP) #3891& TCIA EHAP Certified • TLC Wildlife Aware
Meet the Team: Support Staff
REINA GODOY Customer Service Rep. (CSR)
Reina joined WCA in 2017 and has since been providing customer service to the Riverside region and is the office manager for our office in Grand Terrace. As the CSR (Customer Service Representative), Reina is responsible for providing support to the Area Manager, Site Supervisors and crew. She is to act as a liaison between the company and it’s clients as well as the general public.

Reina is responsible for responding to customer service inquires and facilitating contracting functions, such as: mapping, underground service alert, data entry, field book preparation, list preparation, etc.

ANDREW PINEDA GIS Manager
Andrew Pineda has been with WCA since 2018. As WCA’s GIS Analyst, he works on a wide range of projects including tree inventories scope and collection, iTree analysis, tree canopy assessments, tree planting prioritization, ArborAccess training, grant funded tree planting projects, and much more. He was worked with tree inventories of all sizes from small campus inventories with less than 5,000 trees to large California cities with over 140,000 trees. He has in-depth knowledge and understanding of tree inventories, urban forestry best practices, and spatial data. He has also participated in the conversion of tree inventories and the newest version of ESRI ArcGIS. • ISA Certified Arborist #WE-12738A
• M.S. Geographic Information Science (GIS), CSU Long Beach • B.A. Environmental Sciense, Boston University

5.22.c
Packet Pg. 422

5.22.c
Packet Pg. 423

PRE-JOB BRIEFING

5.22.c
Packet Pg. 424

5.22.c
Packet Pg. 425

CREW EVALUATION

5.22.c
Packet Pg. 426

5.22.c
Packet Pg. 427
1 Setting the Gold Standard
APPENDIX A: EQUIPMENT & CERTIFICATIONS
Equipment
Our modern fleet undergoes daily inspection prior
to use to ensure efficiency and safety. All
equipment is routinely serviced, painted, and
detailed. All equipment used during the duration of
this project will meet state and federal safety
requirements and have all up-to-date certifications,
as required.

CHP Biennial Inspection of Terminal
Certification
We have successfully been awarded the CHP
Biennial Inspection Award of Recognition. This
inspection has assisted our company in instituting
several safety programs, as well as our Preventative
Maintenance Program utilized by our in-house fleet
department. The inspection reviews our vehicle
maintenance and repair records, our procedural
methods and policies for vehicle maintenance and
operations. This certification ensures that our
vehicles operate safely.

Telematics (GPS)
WCA has partnered with Geo-Tab to provide GPS
units on all vehicles and equipment. This investment has given us and our customers the following benefits:
• Provide faster response times and more efficient routing allowing us to service more customers • Lower operational costs by optimizing our fleet size, reducing labor, overtime, and insurance, and minimizing costly vehicle repairs
• Decrease fuel use by monitoring fleet fuel economy and saving on unnecessary fuel expenditures
• Reduce emissions by helping drivers improve their habits such as speed and idle time, and reducing total miles
driven which will significantly reduce harmful
greenhouse gas emissions
• Improve dispatching with landmarks and driving
directions, GPS units helps us to better dispatch so that we can service more customers, faster
• Recover stolen vehicles reducing liability costs which can be passed on to customers

5.22.c
Packet Pg. 428
2 Setting the Gold Standard
Type Make/Model Description VIN
Aerial Tower 2012 FORD F650 TECO W/65' 3FRNF6HP4CV246833 Aerial Tower 2019 FORD F750 / TEREX - XT PRO 60 1FDNF7AY7KDF03761 Aerial Tower 2019 FORD F550 / TEREX LT 40 1FDUF5GY4KDA04858 Aerial Tower 2002 GMC C7500/COMBO HI-RANGER XT5 1GDL7H1E52J507471 Aerial Tower 2018 FORD W/HI-RANGER
5FB-52 F750 w/ HIRANGER 1FDPF7AY4GDA02388
Aerial Tower 2017 FORD F750W/TEREX XTPRO 60-70 1FDPF7AY0HDB07057 Aerial Tower 2008 FORD F550 W/HI-RANGER TL38P 1FDAF57R18ED97801 Aerial Tower 2019 FORD F750 /TEREX XT PRO 56 COMBO 1FDNF7AY3KDF02753 Aerial Tower (90') 2017 FORD F750 W/1090i BOOM 1FDPF7AY3HDB05996 Aerial Tower (90’) 2019 FORD F750 W/1090i BOOM 1FDPF7AY4KDF08781 Arrowboard 2013 WANCO SOLAR ARROW BOARD
Arrowboard 2018 WANCO ARROW BOARD 5F11S1011J1004467
Arrowboard 2015 WANCO WTSP55-LSAC ARROW BOARD 5F11S1015F1004804 Chipper 2018 VERMEER BC1500 BRUSH CHIPPER (GAS) 1VR2181V3K1009416 Chipper 2013 VERMEER BC1000-49 1VRY11199D1020041
Chipper 2013 VERMEER BC1000-49 1VRY11195D1020036
Chipper 2011 VERMEER BC1000-49 BRUSH CHIPPER 1VRY11193B1016399 Chipper 2013 VERMEER BC1000-49 1VRY11198D1018961
Chipper 2011 VERMEER BC1000-49 BRUSH CHIPPER 1VRY11194C1017420 Chipper 2011 VERMEER BC1500 BRUSH CHIPPER 1VR2161V6C1002868 Chipper 2012 VERMEER BC1000-49 BRUSH CHIPPER 1VRY11192C1017593 Chipper 2011 VERMEER BC1000-49 BRUSH CHIPPER 1VRY11196C1017192 Chipper 2018 VERMEER BC1200 BRUSH CHIPPER (GAS) 1VR7141Y0H1003087 Chipper 2018 VERMEER BC1500 BRUSH CHIPPER 1VR2181V3J1009009 Chipper 2016 VERMEER BC1500 BRUSH CHIPPER 1VR2181V7H1008410 Dump Truck 2018 FORD F450 STUMP TRUCK 1FDUF4GY6JED03724 Dump Truck 2019 FORD F750 CHIPPER TRUCK 1FDNF7AY9KDF02725 Dump Truck 2019 FORD F650 CHIPPER TRUCK 1FDNF6AY1KDF11817 Dump Truck 2013 FORD F650 DUMP TRUCK 3FRNF6HP2CV246832
Dump Truck 2018 FORD F750 1FDNF7AY4KDF01787
Dump Truck 2018 FORD F750 1FDNF7AY6KDF01788
Dump Truck 2018 FORD F350 STUMP TRUCK 1FDRF3G68JED01228 Dump Truck 2015 FORD F550 SUPER DUTY 1FDUF5GY5GEA85032
Dump Truck 2015 FORD F650 CHIPPER TRUCK 1FDNF6AY5GDA03034 Dump Truck 2017 FORD F650 CHIPPER TRUCK 1FDNF6AY9HDB05180 Dump Truck 2017 FORD F550 CHIPPER TRUCK 1FDUF5HY3HED72045 Loader 2021 CATERPILLAR 908M WHEEL LOADER CAT0908MVH8804944 Loader 2021 CATERPILLAR 908M WHEEL LOADER CAT0908MAH8805187 Loader 2012 CATERPILLAR 908H2 CAT0908HCJRD00584
Loader 2018 CATERPILLAR 908M WHEEL LOADER CAT0908MHH8803426 Mechanic Truck 2015 CHEVROLET 2500 MECHANIC TRUCK 1GB0CUEG9FZ520128

5.22.c
Packet Pg. 429
3 Setting the Gold Standard
Pickup 2020 DODGE RAM 2500 PICKUP 3C6MR4AJ3LG181253
Pickup 2018 DODGE RAM 1500 SLT PICKUP 3C6JR6ET9JG171138 Pickup 2018 DODGE RAM 2500 3C6LR4AT5JG176971
Pickup 2018 DODGE RAM 1500SLT 3C6JR6ET6JG143345
Pickup 2019 DODGE RAM 1500 PICKUP 3C6JR6ET7KG572169
Pickup 2014 FREIGHTLINER 108-SD 3ALHG5CYXFDGA5076
Pickup 2013 VERMEER BC1000-74 1VRY11197D1019759
Pickup 2014 DODGE RAM 1500 3C6JR6DT9EG280884
Pickup 2015 DODGE RAM 1500 PICKUP 3C6JR6DT2FG626307
Pickup 2018 DODGE RAM 1500 SLT PICKUP 3C6JR6ETXJG304635 Pickup 2019 DODGE RAM 1500 PICKUP 3C6JR6DT8KG522656
Pickup 2019 DODGE RAM 1500 PICKUP 3C6JR6DT3KG522659
Pickup 2020 DODGE RAM 1500 3C6JR6ET0LG210797
Pickup 2016 DODGE RAM 1500 PICKUP 3C6JR6DT8GG245515
Pickup 2021 DODGE RAM 1500 3C6JR6ET3LG210793
Pickup 2015 DODGE RAM 1500 PICKUP 3C6JR6DTXFG651715
Pickup 2016 TOYOTA TACOMA SR5 3TMBZ5DN8GM004631
Pickup 2016 DODGE RAM 1500 PICKUP 3C6JR6DT9GG326233
Pickup 2017 DODGE RAM 1500 3C6JR6DTXHG738291
Pickup 2016 DODGE RAM 1500 PICKUP 3C6JR6DT7GG326246
Pickup 2017 DODGE RAM 1500 PICKUP 3C6JR6ET3JG140015
Pickup 2019 DODGE RAM 1500 PICKUP 3C6JR6ET4KG581847
Roll-Off Truck 2019 FREIGHTLINER 108SD ROLL OFF/PUSHER VALEW 1FVMG5D2XKHKG8662 Roll-Off Truck 2015 FREIGHTLINER 108 SD ROLL OFF 1FVHG5CY5GHHD7903 Roll-Off Truck 2019 FREIGHTLINER 108SD ROLL OFF/PUSHER VALEW 1FVMG5D26KHKG8660 Roll-Off Truck 2018 FREIGHTLINER 108SD ROLL OFF/PUSHER 1FVMG5FE5JHKA6396 Stump Grinder 1997 VERMEER SC252 STUMP GRINDER 1VRN071FXT1001057 Stump Grinder 2018 VERMEER SC802 STUMP CUTTER 1VR2151J1J1003107 Stump Grinder 2018 VERMEER SC802 STUMP CUTTER 1VR2151J4K1003121 Stump Grinder 2005 VERMEER SC802 STUMP GRINDER 1VR2151J661000145 Stump Grinder 2015 VERMEER SC802 STUMP CUTTER 1VR2151J0G1002054 Trailer 1996 VERMEER TRAILER CARRIER FOR G46 1VRN091J2T1000517 Trailer 1990 LEE TRAILER AH76416 2 AXLE TRAILER 4LCAT07S2L1001476

IN-HOUSE FLEET MAINTENANCE
We currently have more than 1,500 pieces of fairly new equipment that enables us to replace equipment immediately should there be any unforeseen mechanical problems. We employ over

5.22.c
Packet Pg. 430
4 Setting the Gold Standard
50 full-time mechanics that perform an in-house fleet maintenance program. This allows our equipment to be in good operating condition necessary for accomplishing the City’s needs. Our mechanics generally work on one particular line of equipment, and by keeping our equipment as uniform as possible our mechanics really get to know the equipment inside and out minimizing down time. Equipment is assigned to different crews and if the crew is shared with another contract the equipment will be as well.

PREVENTATIVE MAINTENANCE PROGRAM
All WCA equipment goes through our Preventative Maintenance program. From our solar powered arrow boards, to our Freightliner Roll Off trucks. Our mechanics generally work on one particular line of equipment, and by keeping our equipment as uniform as possible our mechanics really get to know the equipment inside and out minimizing down time.

SUSTAINABILITY
Over the last few years, we have invested heavily in new equipment to keep our fleet modern, comply with state requirements, meet demand and reduce our effects on the environment. We understand with a fleet as large as ours that we are responsible for the amount of emissions our vehicles produce and actively make an effort to monitor and reduce our carbon footprint.

Through our ability to
dedicate specific
pieces of equipment for
this project, we believe
it will lead to a
successful program.

5.22.c
Packet Pg. 431
5 Setting the Gold Standard
OSHA Certification of Aerial Equipment

5.22.c
Packet Pg. 432
6 Setting the Gold Standard

5.22.c
Packet Pg. 433
7 Setting the Gold Standard
CHP Commercial Vehicle Inspection Report
Our company has been assigned CHP Carrier Number CA68562 in the California Highway Patrol’s Management Information System of Terminal Evaluation Records (MISTER), which is an automated file pertaining to the motor carriers operating in the State of California. MISTER gives the CHP immediate access to emergency information about our company and enhances the CHP’s capability to monitor the overall safety operations of our company. Certificate below is valid for 4 years: 10/11/22 – 10/11/26.

5.22.c
Packet Pg. 434
Setting the Gold Standard
Quality Control
Feedback
WCA regularly receives and tracks feedback from customers and residents as a means to acknowledge good performance and provide prompt resolution for any negative comments.

Every month, a summary of the feedback is then reviewed by the management team.

Customer Service Department
As we work with, or near, the public,
we are mindful that we will most likely
be the first person the public contacts.

We have a full-time Customer Service
Department with each Customer
Service Representative (CSR) trained
in addressing concerned residents
and bystanders.

Complaints & Damage
Resolution
Should there be any property
damage, we adhere to specific
procedures to resolve the problem.

The Foreman on the job site will notify
the resident and the Inspector immediately.

If the resident is not at home, then we will leave a WCA card with instructions to call our Claims Coordinator in our corporate office. The ultimate goal at each work site is to leave the property in the same condition as before we entered it. We will notify the Agency Representative immediately upon damage of private property including plans for corrective measures to take place within 48 hours.

Any activities found by the Agency to be unacceptable will be rectified immediately. All other complaints will be abated or resolved within twenty-four (24) hours of the occurrence. We have teams specifically assigned for handling damage to properties, both private and public. Through our communication system, we have the ability to dispatch either of these teams and have them respond immediately to the site for proper repair.

We pride ourselves on professional workmanship to avoid these types of incidents, however, should one occur, we take all appropriate measures to resolve the matter in a timely and efficient manner.

Protection of Public and Private Property
WCA will provide all safety measures necessary to protect the public and worker within the work area. We will maintain good public relations at all times. The work will be conducted in a manner which will cause the least disturbance.

5.22.c
Packet Pg. 435
Setting the Gold Standard
Safety & Training
Safety Program
Safety standards are top priority at West Coast Arborists, Inc. Our line of work demands that all work is performed in a manner that provides the maximum safety to the general public as well as our employees. Our crews are instructed to follow the safety standards of ANSI Z133.1 as well as Cal-OSHA requirements. We have one of the most extensive safety training programs in the industry. We provide our employees with state-of -the-art training tools and instructional sessions company wide. Our insurance carriers and Cal-OSHA have recognized us repeatedly for outstanding safety training efforts.

We have a full time Safety & Training Manager, Dane Jensen, that is professionally trained in the field of horticulture. As WCA’s Training Manager, Dane is responsible for staying up-to-date on all tree-related industry standards as related to safety and the wellness of our employees and the public in which we serve. Training materials are regularly reviewed and updated to ensure WCA employees receive the proper education, instruction and hands on experience needed to perform their day to day activities safely and efficiently. Training topics include a full-circle from proper pruning techniques, arboriculture, to customer service and everything in between. • ISA Certified Utility & Municipal Arborist #WE-12014A • ISA Skills Test Evaluator—TW Climber
• TCIA Certified Treecare Safety Professional #3303
• ISA Tree Risk Assessment Qualification #E4068
• American Heart Association BLS and First Aid Instructor Public Convenience and Safety
WCA will comply with any and all local sound control and noise level rules, regulations, and ordinances which apply to any work performed in the contracted area. All work will cease by 5:00 pm or as directed by the Agency (excluding emergency services).

Our line of work demands
that all work is performed
in a manner that provides
the maximum safety to the
general public as well as
our employees.

5.22.c
Packet Pg. 436
Setting the Gold Standard
Employee Training Program
West Coast Arborists, Inc. provides an extensive in-house training curriculum for all employees to broaden their knowledge of the arboriculture field of study. Included in this training are the ISA standards, both Treeworker and Arborist study programs, and a variety of Tree Care Industry Association home study programs. We also offer training courses to our staff in areas of customer service satisfaction, maintaining professional conduct, and Qualified Line Clearance Trimmer Training.

Traffic Control
Traffic control procedures will be set-up in accordance with the Work Area Traffic Control Handbook (WATCH) and State of California Manual of Traffic Controls as well as the Agency Traffic and Safety Operating Rules. WCA will make adequate provisions to insure the normal flow of traffic over the public streets and park roads. Every effort will be made to keep commercial driveways and passageways open to the public during business hours. High visibility arrowboard(s) will be used when needed. Prior to use, the Agency will approve traffic safety equipment and devices. Pedestrian and vehicular traffic shall be allowed to pass through the work areas only under conditions of safety and with as little inconvenience and delay as possible. Unless the work area is totally barricaded or otherwise kept safe, at least one worker will serve to coordinate safe operations on the ground at all times when work operations are in progress.

Our Training and Safety team members are tasked with
completing field evaluations of crews and members are onsite to coach and train employees on safe practices.

Employees receive performance evaluations at 90 days, 6 months, then annually (or as-needed) after their first year. All employees are provided copies of WCA’s Injury & Illness Prevention Program.

WCA is dedicated to
health and safety for
trees, employees, and
the community.

5.22.c
Packet Pg. 437
City of Norco
Proposed Rates for Tree Maintenance Services
FY23-24 FY24-25 FY25-26 FY26-27 FY27-28
Unit Proposed Unit Unit Unit Unit
Item Description Measure Rates Rates Rates Rates Rates
1 Grid Tree Pruning Each 75.00 $ 75.00 $ 80.00 $ 85.00 $ 90.00 $ 2 Clearance Tree Pruning Each 65.00 $ 65.00 $ 67.00 $ 69.00 $ 71.00 $ 3 Service Request Tree Pruning 0-12" DBH Each 75.00 $ 75.00 $ 80.00 $ 85.00 $ 90.00 $ 4 Service Request Tree Pruning 13-24" DBH Each 125.00 $ 125.00 $ 132.00 $ 140.00 $ 150.00 $ 5 Service Request Tree Pruning 25-36" DBH Each 225.00 $ 225.00 $ 235.00 $ 245.00 $ 255.00 $ 6 Service Request Tree Pruning 37" & over DBH Each 275.00 $ 275.00 $ 285.00 $ 295.00 $ 300.00 $ 8 Coco/King Palm Pruning Each $ 70.00 $ 72.00 70.00 $ 74.00 $ 76.00 $ 9 Washingtonia Robusta Pruning Each $ 80.00 $ 80.00 80.00 $ 85.00 $ 90.00 $ 10 Date Palm Pruning Each $ 275.00 $ 283.00 275.00 $ 290.00 $ 298.00 $ 11 Palm Tree Skinning Linear Foot $ 34.00 $ 35.00 34.00 $ 36.00 $ 37.00 $ At the direction of CITY, pruning will be done per pre-designed districts along street segments, grids, or prune routes on a set cycle to include trees of various sizes. Pruning consists of tree canopy raising over roadways, sidewalks, and in park locations; work to include selective tree thinning, crown cleaning and structurally pruning the tree canopy; and for immature trees, restaking and/or retying, as needed. In addition pruning includes removing dead, broken, damaged, loose, diseased or insect infested limbs, branches, and stubs. Small limbs, including suckers and waterspouts shall be cut close to the trunk or branch from which they arise. At a minimum, tree shall be pruned to provide a minimum clearance of fourteen (14) feet over the roadway and seven (7) feet over walkways. Trees shall be pruned to remove any obstruction around traffic control devices, traffic signs, and streetlights. Pruning shall be performed in accordance with the standards set forth by the International Society of Arboriculture Pruning Standards (Best Management Practices) and the ANSI A300 Standards. At the direction of CITY, pruning will be done per pre-designed districts along street segments, grids, or prune routes on a set cycle to include trees of various sizes. Pruning consists of tree canopy raising over roadways, sidewalks, and in park locations. At a minimum, tree shall be pruned to provide a minimum clearance of fourteen (14) feet over the roadway and seven (7) feet over walkways. Trees can be pruned to remove any obstruction around traffic control devises, traffic signs, and streetlights. Pruning shall be performed in accordance with the standards set forth by the International Society of Arboriculture Pruning Standards (Best Management Practices) and the ANSI A300 Standards.At the request of the City, trees will be assigned for pruning outside of their set cycle for various reasons. Pruning may consist of tree canopy raising over roadways, sidewalks, and in park locations; thinning, reducing, restoring and structurally pruning the tree canopy in width and height reduction; and for immature trees, re-staking and/or retying, as needed. In addition pruning includes removing all dead, broken, damaged, loose, diseased or insect infested limbs, branches, and stubs shall be removed. Small limbs, including suckers and waterspouts shall be cut close to the trunk or branch from which they arise. At a minimum, tree shall be pruned to provide a minimum clearance of fourteen (14) feet over the roadway and seven (7) feet over walkways. Trees shall be pruned to remove any obstruction around traffic control devises, traffic signs, and streetlights. Pruning shall be performed in accordance with the standards set forth by the International Society of Arboriculture Pruning Standards (Best Management Practices) and the ANSI A300 Standards. Pruning shall be performed in accordance with the standards set forth by the International Society of Arboriculture Pruning Standards (Best Management Practices) and the ANSI A300 Standards. The trimming shall provide a symmetrical shape and aesthetically pleasing appearance typical of the species.Standard palm tree pruning will fall under this category and will include the removal of dead and declining fronds & seed pods. Excludes skinning.

City of Norco ‐ RFP Tree Maintenance Page 1 of 3 Rate Schedule FY23/24 thru FY27/28

5.22.c
Packet Pg. 438
FY23-24 FY24-25 FY25-26 FY26-27 FY27-28
Unit Proposed Unit Unit Unit Unit
Item Description Measure Rates Rates Rates Rates Rates
12 Tree and Stump Removal (regardless of size) Dia. Inch 48.00 $ 48.00 $ 49.00 $ 50.00 $ 51.00 $ 13 Tree Only Removal (regardless of size) Dia. Inch 30.00 $ 30.00 $ 30.50 $ 31.00 $ 31.50 $ 14 Stump Only Removal (regardless of size) Dia. Inch 18.00 $ 18.00 $ 18.50 $ 19.00 $ 19.50 $ 15 Root Prune trees (typical 10 foot length) Linear Foot 24.00 $ 24.00 $ 25.00 $ 26.00 $ 27.00 $ 16 Plant 15-gallon tree Each 200.00 $ 200.00 $ 206.00 $ 212.00 $ 218.00 $ 17 Plant 15-gallon tree with Root Barrier Each 225.00 $ 225.00 $ 232.00 $ 239.00 $ 246.00 $ 18 Plant 24" box tree Each 400.00 $ 400.00 $ 412.00 $ 424.00 $ 436.00 $ 19 Plant 24" box tree with Root Barrier Each 425.00 $ 425.00 $ 438.00 $ 450.00 $ 462.00 $ 20 Plant 36" box tree Each 1,295.00 $ 1,295.00 $ 1,333.00 $ 1,350.00 $ 1,375.00 $ 21 Tree Watering Day 855.00 $ 855.00 $ 880.65 $ 900.00 $ 918.00 $ 22 Crew Rental Man Hour 95.00 $ 95.00 $ 97.85 $ 100.00 $ 102.00 $ 23 Specialty Equipment (i.e., Crane, 95-ft Aerial Tower) Hour 150.00 $ 150.00 $ 155.00 $ 160.00 $ 165.00 $ 24 Emergency Response (Reg. Business Hours, Mon-Fri) Man Hour 110.00 $ 110.00 $ 113.00 $ 116.00 $ 119.00 $ 25 Emergency Response (Evening, weekend, Holidays) Man Hour 125.00 $ 125.00 $ 128.00 $ 131.00 $ 135.00 $ 26 Certified Arborist Services Hour 170.00 $ 170.00 $ 175.00 $ 180.00 $ 185.00 $ Tree planting includes the tree, stakes, ties, labor and initial watering at time of installation as directed by City staff. Planting lists should be compiled by the Inspector and submitted monthly or as needed. At the direction of the City, watering is performed by a one-man crew with a water truck who will water various tree routes including newly planted trees, landscape median and young trees that are three (3) years old and younger. Watering may also be performed on an as-needed basis.The crew and equipment can be modified to complete any type of miscellaneous tasks including special projects that may consist of extraordinary work as directed by City staff. The use of crew rental may be warranted due to inaccessibility by equipment, in park locations, slope settings, or non-linear tree pruning.On occasion the use of a crane or 95-foot aerial tower is necessary to safely operate the assigned tree operation. These pricesof quipment include the operator.The Contractor shall be required to provide emergency on call response for damaged trees due to storms or other reasons. Emergency calls may occur at any given time. The Contractor will be provided with locations and the work to be done at each location via telephone from a City authorized representative. Emergency work shall begin within 90 minutes of the initial telephone call.On occasion, the City requires tree evaluations including written reports. The Contractor shall provide an hourly rate for a Certified Arborist that can respond to the City’s request(s) for the preparation of detailed arborist reports, tree risk assessment reports tree evaluations and site inspections. Reporting can be generated on as little as one tree to an entire urban forest population and is handled on a case-by-case basis. The rate will be applied should the City request a Certified Arborist on-site.At the direction of City staff, roots shall be pruned adjacent to the edge of the sidewalk, curb and gutter or other improvements. Root pruning cuts shall be performed using root pruning equipment specifically designed for this purpose with cutting teeth sharpened adequately to sever roots in a clean manner. Root pruning cuts adjacent to the sidewalk and curb shall be four (4) inches wide and twelve (12) inches deep and a minimum of five (5) feet in each direction from the centerline of the tree.After CITY determines that a tree requires removal, CITY will prepare a list of trees to be removed, notifies homeowners, and submits lists to Contractor. CITY is responsible for marking trees so that they are easily identifiable by Underground ServiceAlert and the Contractor. Contractor calls Underground Service Alert (USA) and prepares internal work order. Crew removes tree and hauls all debris. Crew grinds stumps to a depth of approximately eighteen (18”) inches. All holes will be backfilled with a combination of native soil and minimal stump grindings and compacted to avoid settlement.

City of Norco ‐ RFP Tree Maintenance Page 2 of 3 Rate Schedule FY23/24 thru FY27/28

5.22.c
Packet Pg. 439
FY23-24 FY24-25 FY25-26 FY26-27 FY27-28
Unit Proposed Unit Unit Unit Unit
Item Description Measure Rates Rates Rates Rates Rates
27 GPS Tree Inventory Tree Site 4.00 $ 4.00 $ 4.50 $ 5.00 $ 5.50 $ 28 Plant Health Care
a. Tree Canopy Spraying from ground level $ 7.00 $ 7.25 7.00 $ 7.50 $ 7.75 $ b. Tree Canopy Spraying from aerial tower $ 7.00 $ 7.25 7.00 $ 7.50 $ 7.75 $ Description: Foliar hydraulic spraying of recommended material.) c. Insecticide or Fungicide Trunk Banding $ 8.00 $ 8.25 8.00 $ 8.50 $ 8.75 $ Description: Trunk spray of recommended material.
d. PGR Trunk Banding $ 7.00 $ 7.25 7.00 $ 7.50 $ 7.75 $ Description: Trunk spray of recommended material to regulate plant growth. e. Insecticide or PGR Soil Application (Cambistat) $ 7.00 $ 7.25 7.00 $ 7.50 $ 7.75 $ Description: Recommended insecticide soil injection or drench material to regulate plant growth. f. Insecticide or Fungicide Soil Application $ 7.00 $ 7.25 7.00 $ 7.50 $ 7.75 $ Description: Soil applied drench of recommended material. g. Soil Injection Fertilization $ 8.00 $ 8.25 8.00 $ 8.50 $ 8.75 $ Description: Soil applied injection of recommended material. h. Soil Drenching Fertilization $ 8.00 $ 8.25 8.00 $ 8.50 $ 8.75 $ Description: Soil application of recommended material.
i. Trunk Injection (Insecticide/Miticide) $ 9.00 $ 9.25 9.00 $ 9.50 $ 9.75 $ Description: Trunk injected recommended material.
j. Trunk Injection (Fungicide) $ 9.00 $ 9.25 9.00 $ 9.50 $ 9.75 $ Description: Trunk injected recommended material.
k. Trunk Injection (Insecticide & Fungicide Combo) $ 10.00 $ 10.25 10.00 $ 10.50 $ 10.75 $ Description: Combination of one-time trunk injection of two recommended materials. l. Avermectin Class Insecticide Injection $ 11.00 $ 11.25 11.00 $ 11.50 $ 11.75 $ Description: Recommended trunk injection of Emamectin benzoate active ingredient.

COOPERATIVE PURCHASE
per diameter inch
per diameter inch
per diameter inch
It is intended that any other public agency (e.g., city, county district, public authority, public agency, municipality, and other political subdivision or public corporation) shall have the option to participate in any award made as a result of this solicitation at the same prices. The City shall incur no financial responsibility in connection with any purchase by another public agency. The public agency shall accept sole responsibility for placing orders and making payments to the vendor. per diameter inch
per diameter inch
per diameter inchper diameter inchper diameter inchper diameter inchper diameter inch At the City’s direction, contractor will provide the City with a Global Positioning System (GPS) tree inventory collected by anISA Certified Arborist including coordinates for all trees in public spaces. This includes, but is not limited to, all publicly owned trees on street rights-of-way, parks, City facilities and open spaces such as medians, greenscapes, etc. The address information contained in inventory should be linked directly to a Geographical Information System (GIS) program, such as ArcView. The inventory collector will identify the trees by their global coordinates of longitude and latitude.

See below
At the direction of the City, the Contractor will provide plant health care services including but not limited to the following:
spraying, injecting, soil drenching as necessary to reduce a potentially harmful pest. This is done to maintain or improve theselected tree’s appearance, vitality, and safety, using the most cost-effective and environmentally sensitive practices and treatments available. Plant Health Care involves routine monitoring and preventive treatments. All pesticide recommendations are to be made by an in-house Pest Control Advisor in accordance with the Department of Pesticide Regulations. per diameter inchper diameter inch
City of Norco ‐ RFP Tree Maintenance Page 3 of 3 Rate Schedule FY23/24 thru FY27/28

5.22.c
Packet Pg. 440
Holder Identifier : 7777777707070700077761616045571110744517136235444307761315572514102071543455377303100771505131276131107327131467015462072553544166220320704330465327773007166337572067230076727242035772000777777707000707007 7777777707070700073525677115456000762011543522013507624101560277533071227223171330140713223735316210107133236353162001071222373530720100712222734307311007132336243073111077756163351765540777777707000707007 Certificate No : 570094282316

CERTIFICATE OF LIABILITY INSURANCE

DATE(MM/DD/YYYY)
06/30/2022
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. PRODUCER Aon Risk Insurance Services West, Inc.

Los Angeles CA Office
707 Wilshire Boulevard
Suite 2600
Los Angeles CA 90017-0460 USA
PHONE
(A/C. No. Ext): E-MAIL ADDRESS:

INSURER(S) AFFORDING COVERAGE NAIC # (866) 283-7122
INSURED INSURER A: Navigators Specialty Insurance Company 36056 INSURER B: Starr Indemnity & Liability Company 38318
INSURER C: Starr Specialty Insurance Company 16109
INSURER D:

INSURER E:

INSURER F:

FAX
(A/C. No.): (800) 363-0105
CONTACT NAME: West Coast Arborists, Inc.
2200 E Via Burton
Anaheim CA 92806 USA
COVERAGES CERTIFICATE NUMBER: 570094282316 REVISION NUMBER:

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested

POLICY EXP (MM/DD/YYYY) POLICY EFF (MM/DD/YYYY) SUBR WVDINSR LTRADDL

INSD TYPE OF INSURANCE POLICY NUMBER LIMITS COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR

POLICY LOC
EACH OCCURRENCE DAMAGE TO RENTED PREMISES (Ea occurrence) MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE

PRODUCTS - COMP/OP AGG
X
X
X GEN'L AGGREGATE LIMIT APPLIES PER:
$2,000,000
$1,000,000
$5,000
$2,000,000
$4,000,000
$4,000,000
B 1000100141221 07/01/2022 07/01/2023
PRO- JECT OTHER: AUTOMOBILE LIABILITY ANY AUTO

OWNED AUTOS ONLY

SCHEDULED
AUTOS

HIRED AUTOS ONLY NON-OWNED AUTOS ONLY
BODILY INJURY ( Per person) PROPERTY DAMAGE
(Per accident) X
BODILY INJURY (Per accident)
$2,000,000 B 07/01/2022 07/01/2023 COMBINED SINGLE LIMIT (Ea accident)
1000198198221

EXCESS LIAB

X OCCUR CLAIMS-MADE AGGREGATE
EACH OCCURRENCE DED $5,000,000
$5,000,000
07/01/2022 UMBRELLA LIAB A SE22EXCZ059NKIC 07/01/2023

RETENTION
X
E.L. DISEASE-EA EMPLOYEE
E.L. DISEASE-POLICY LIMIT E.L. EACH ACCIDENT $1,000,000 X
OTH
- C 07/01/2022 07/01/2023 PER STATUTE Workers Comp CA
SIR applies per policy terms & conditions
$1,000,000
Y / N
(Mandatory in NH) ANY PROPRIETOR / PARTNER / EXECUTIVE OFFICER/MEMBER EXCLUDED? N / A N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY If yes, describe under DESCRIPTION OF OPERATIONS below $1,000,000 1000004228
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

The ACORD name and logo are registered marks of ACORD
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

5.22.c
Packet Pg. 441
City of Norco
Proposed Rates for Tree Maintenance Services
FY23-24 FY24-25 FY25-26 FY26-27 FY27-28
Unit Proposed Unit Unit Unit Unit
Item Description Measure Rates Rates Rates Rates Rates
1 Grid Tree Pruning Each 75.00 $ 75.00$ 80.00$ 85.00$ $ 90.00 2 Clearance Tree Pruning Each 65.00 $ 65.00$ 67.00$ 69.00$ $ 71.00 3 Service Request Tree Pruning 0-12" DBH Each 75.00 $ 75.00$ 80.00$ 85.00$ $ 90.00 4 Service Request Tree Pruning 13-24" DBH Each 125.00 $ 125.00$ 132.00$ 140.00$ $ 150.00 5 Service Request Tree Pruning 25-36" DBH Each 225.00 $ 225.00$ 235.00$ 245.00$ $ 255.00 6 Service Request Tree Pruning 37" & over DBH Each 275.00 $ 275.00$ 285.00$ 295.00$ $ 300.00 8 Coco/King Palm Pruning Each $ 70.00 $ 70.00 72.00$ 74.00$ $ 76.00 9 Washingtonia Robusta Pruning Each $ 80.00 $ 80.00 80.00$ 85.00$ $ 90.00 10 Date Palm Pruning Each $ 275.00 $ 275.00 283.00$ 290.00$ $ 298.00 11 Palm Tree Skinning Linear Foot $ 34.00 $ 34.00 35.00$ 36.00$ $ 37.00 At the direction of CITY, pruning will be done per pre-designed districts along street segments, grids, or prune routes on a set cycle to include trees of various sizes. Pruning consists of tree canopy raising over roadways, sidewalks, and in park locations; work to include selective tree thinning, crown cleaning and structurally pruning the tree canopy; and for immature trees, restaking and/or retying, as needed. In addition pruning includes removing dead, broken, damaged, loose, diseased or insect infested limbs, branches, and stubs. Small limbs, including suckers and waterspouts shall be cut close to the trunk or branch from which they arise. At a minimum, tree shall be pruned to provide a minimum clearance of fourteen (14) feet over the roadway and seven (7) feet over walkways. Trees shall be pruned to remove any obstruction around traffic control devices, traffic signs, and streetlights. Pruning shall be performed in accordance with the standards set forth by the International Society of Arboriculture Pruning Standards (Best Management Practices) and the ANSI A300 Standards. At the direction of CITY, pruning will be done per pre-designed districts along street segments, grids, or prune routes on a set cycle to include trees of various sizes. Pruning consists of tree canopy raising over roadways, sidewalks, and in park locations. At a minimum, tree shall be pruned to provide a minimum clearance of fourteen (14) feet over the roadway and seven (7) feet over walkways. Trees can be pruned to remove any obstruction around traffic control devises, traffic signs, and streetlights. Pruning shall be performed in accordance with the standards set forth by the International Society of Arboriculture Pruning Standards (Best Management Practices) and the ANSI A300 Standards.At the request of the City, trees will be assigned for pruning outside of their set cycle for various reasons. Pruning may consist of tree canopy raising over roadways, sidewalks, and in park locations; thinning, reducing, restoring and structurally pruning the tree canopy in width and height reduction; and for immature trees, re-staking and/or retying, as needed. In addition pruning includes removing all dead, broken, damaged, loose, diseased or insect infested limbs, branches, and stubs shall be removed. Small limbs, including suckers and waterspouts shall be cut close to the trunk or branch from which they arise. At a minimum, tree shall be pruned to provide a minimum clearance of fourteen (14) feet over the roadway and seven (7) feet over walkways. Trees shall be pruned to remove any obstruction around traffic control devises, traffic signs, and streetlights. Pruning shall be performed in accordance with the standards set forth by the International Society of Arboriculture Pruning Standards (Best Management Practices) and the ANSI A300 Standards. Pruning shall be performed in accordance with the standards set forth by the International Society of Arboriculture Pruning Standards (Best Management Practices) and the ANSI A300 Standards. The trimming shall provide a symmetrical shape and aesthetically pleasing appearance typical of the species.Standard palm tree pruning will fall under this category and will include the removal of dead and declining fronds & seed pods. Excludes skinning.

City of Norco ‐ RFP Tree Maintenance Page 1 of 3 Rate Schedule FY23/24 thru FY27/28 WCA 5.22.c
Packet Pg. 442
FY23-24 FY24-25 FY25-26 FY26-27 FY27-28
Unit Proposed Unit Unit Unit Unit
Item Description Measure Rates Rates Rates Rates Rates
12 Tree and Stump Removal (regardless of size) Dia. Inch 48.00 $ 48.00 $ 49.00 $ 50.00 $ 51.00 $ 13 Tree Only Removal (regardless of size) Dia. Inch 30.00 $ 30.00 $ 30.50 $ 31.00 $ 31.50 $ 14 Stump Only Removal (regardless of size) Dia. Inch 18.00 $ 18.00 $ 18.50 $ 19.00 $ 19.50 $ 15 Root Prune trees (typical 10 foot length) Linear Foot 24.00 $ 24.00 $ 25.00 $ 26.00 $ 27.00 $ 16 Plant 15-gallon tree Each 200.00 $ 200.00 $ 206.00 $ 212.00 $ 218.00 $ 17 Plant 15-gallon tree with Root Barrier Each 225.00 $ 225.00 $ 232.00 $ 239.00 $ 246.00 $ 18 Plant 24" box tree Each 400.00 $ 400.00 $ 412.00 $ 424.00 $ 436.00 $ 19 Plant 24" box tree with Root Barrier Each 425.00 $ 425.00 $ 438.00 $ 450.00 $ 462.00 $ 20 Plant 36" box tree Each 1,295.00 $ 1,295.00 $ 1,333.00 $ 1,350.00 $ 1,375.00 $ 21 Tree Watering Day 855.00 $ 855.00 $ 880.65 $ 900.00 $ 918.00 $ 22 Crew Rental Man Hour 95.00 $ 95.00 $ 97.85 $ 100.00 $ 102.00 $ 23 Specialty Equipment (i.e., Crane, 95-ft Aerial Tower) Hour 150.00 $ 150.00 $ 155.00 $ 160.00 $ 165.00 $ 24 Emergency Response (Reg. Business Hours, Mon-Fri) Man Hour 110.00 $ 110.00 $ 113.00 $ 116.00 $ 119.00 $ 25 Emergency Response (Evening, weekend, Holidays) Man Hour 125.00 $ 125.00 $ 128.00 $ 131.00 $ 135.00 $ 26 Certified Arborist Services Hour 170.00 $ 170.00 $ 175.00 $ 180.00 $ 185.00 $ Tree planting includes the tree, stakes, ties, labor and initial watering at time of installation as directed by City staff. Planting lists should be compiled by the Inspector and submitted monthly or as needed. At the direction of the City, watering is performed by a one-man crew with a water truck who will water various tree routes including newly planted trees, landscape median and young trees that are three (3) years old and younger. Watering may also be performed on an as-needed basis.The crew and equipment can be modified to complete any type of miscellaneous tasks including special projects that may consist of extraordinary work as directed by City staff. The use of crew rental may be warranted due to inaccessibility by equipment, in park locations, slope settings, or non-linear tree pruning.On occasion the use of a crane or 95-foot aerial tower is necessary to safely operate the assigned tree operation. These pricesof quipment include the operator.The Contractor shall be required to provide emergency on call response for damaged trees due to storms or other reasons. Emergency calls may occur at any given time. The Contractor will be provided with locations and the work to be done at each location via telephone from a City authorized representative. Emergency work shall begin within 90 minutes of the initial telephone call.On occasion, the City requires tree evaluations including written reports. The Contractor shall provide an hourly rate for a Certified Arborist that can respond to the City’s request(s) for the preparation of detailed arborist reports, tree risk assessment reports tree evaluations and site inspections. Reporting can be generated on as little as one tree to an entire urban forest population and is handled on a case-by-case basis. The rate will be applied should the City request a Certified Arborist on-site.At the direction of City staff, roots shall be pruned adjacent to the edge of the sidewalk, curb and gutter or other improvements. Root pruning cuts shall be performed using root pruning equipment specifically designed for this purpose with cutting teeth sharpened adequately to sever roots in a clean manner. Root pruning cuts adjacent to the sidewalk and curb shall be four (4) inches wide and twelve (12) inches deep and a minimum of five (5) feet in each direction from the centerline of the tree.After CITY determines that a tree requires removal, CITY will prepare a list of trees to be removed, notifies homeowners, and submits lists to Contractor. CITY is responsible for marking trees so that they are easily identifiable by Underground ServiceAlert and the Contractor. Contractor calls Underground Service Alert (USA) and prepares internal work order. Crew removes tree and hauls all debris. Crew grinds stumps to a depth of approximately eighteen (18”) inches. All holes will be backfilled with a combination of native soil and minimal stump grindings and compacted to avoid settlement.

City of Norco ‐ RFP Tree Maintenance Page 2 of 3 Rate Schedule FY23/24 thru FY27/28

5.22.c
Packet Pg. 443
FY23-24 FY24-25 FY25-26 FY26-27 FY27-28
Unit Proposed Unit Unit Unit Unit
Item Description Measure Rates Rates Rates Rates Rates
27 GPS Tree Inventory Tree Site 4.00 $ 4.00 $ 4.50 $ 5.00 $ 5.50 $ 28 Plant Health Care
a. Tree Canopy Spraying from ground level $ 7.00 $ 7.25 7.00 $ 7.50 $ 7.75 $ b. Tree Canopy Spraying from aerial tower $ 7.00 $ 7.25 7.00 $ 7.50 $ 7.75 $ Description: Foliar hydraulic spraying of recommended material.) c. Insecticide or Fungicide Trunk Banding $ 8.00 $ 8.25 8.00 $ 8.50 $ 8.75 $ Description: Trunk spray of recommended material.
d. PGR Trunk Banding $ 7.00 $ 7.25 7.00 $ 7.50 $ 7.75 $ Description: Trunk spray of recommended material to regulate plant growth. e. Insecticide or PGR Soil Application (Cambistat) $ 7.00 $ 7.25 7.00 $ 7.50 $ 7.75 $ Description: Recommended insecticide soil injection or drench material to regulate plant growth. f. Insecticide or Fungicide Soil Application $ 7.00 $ 7.25 7.00 $ 7.50 $ 7.75 $ Description: Soil applied drench of recommended material. g. Soil Injection Fertilization $ 8.00 $ 8.25 8.00 $ 8.50 $ 8.75 $ Description: Soil applied injection of recommended material. h. Soil Drenching Fertilization $ 8.00 $ 8.25 8.00 $ 8.50 $ 8.75 $ Description: Soil application of recommended material.
i. Trunk Injection (Insecticide/Miticide) $ 9.00 $ 9.25 9.00 $ 9.50 $ 9.75 $ Description: Trunk injected recommended material.
j. Trunk Injection (Fungicide) $ 9.00 $ 9.25 9.00 $ 9.50 $ 9.75 $ Description: Trunk injected recommended material.
k. Trunk Injection (Insecticide & Fungicide Combo) $ 10.00 $ 10.25 10.00 $ 10.50 $ 10.75 $ Description: Combination of one-time trunk injection of two recommended materials. l. Avermectin Class Insecticide Injection $ 11.00 $ 11.25 11.00 $ 11.50 $ 11.75 $ Description: Recommended trunk injection of Emamectin benzoate active ingredient.

5.22.c
Packet Pg. 444
Fee Estimate Fee Estimate for Services Requested (Per Specifications of this RFP/Q) D5

MARIPOSA

5.22.c
Packet Pg. 445

CITY OF NORCO

CONTRACT AGREEMENT

TREE TRIMMING, REMOVAL, AND PLANTING CONTRACT SERVICES
FISCAL YEARS 2023-24 THROUGH 2027-28

1. Parties and Date.

This Agreement is made and entered into this 17th day of May, 2023 by and between the City of Norco, a municipal corporation of the State of California, located at 2870 Clark Avenue, Norco, California 92860, County of Riverside, State of California, (hereinafter referred to as “City”) and West Coast Arborists, Inc., a corporation with its principal place of business at 2200 E. Via Burton Street, Anaheim, CA 92806 (hereinafter referred to as “Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

2. Recitals.

2.1 Contractor.

Contractor desires to perform and assume responsibility for the provision of certain maintenance services required by The City on the terms and conditions set forth in this Agreement. Contractor represents that it is experienced in providing tree trimming, removal, and planting contract services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the Services in the State of California, and that is familiar with the plans of the City.

2.2 Services.

City desires to engage Contractor to render such services for Tree Trimming, Removal, and Planting Contract Services ("Services") as set forth in this Agreement.

3. Terms.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the tree trimming, removal, and planting contract services on an as-needed basis necessary for said Services. The Services are more particularly described in Attachment A attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

5.22.c
Packet Pg. 446

3.1.2 Term. The terms of this Agreement shall be from July 1, 2023 through June 30, 2028, with the option to renew for two (2) one-year terms. Contractor shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual written consent, extend the term of this Agreement if necessary to complete the Services.

3.2 Responsibilities of Contractor.

3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be provided by Contractor. Contractor will determine the means, methods and details of providing the necessary Services subject to the requirements of this Agreement. City retains Contractor on an independent Contractor basis and not as an employee. Any additional personnel conducting Services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor’s exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with conducting Services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.

3.2.2 Schedule of Services. Contractor shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the timeframe set forth herein. Contractor represents that it has the professional and technical personnel required to provide Services in conformance with such conditions. In order to facilitate Contractor’s conformance with the Services timeframe, City shall respond to Contractor’s Requests for Information in a timely manner. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Services timeframe.

3.2.3 Conformance to Applicable Requirements. All work prepared by Contractor shall be subject to the approval of City.

3.2.4 City’s Representative. The City hereby designates the Director of Public Works, or his designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Agreement. Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.

3.2.5 Contractor’s Representative. Contractor hereby designates Patrick Mahoney - President, or his designee, to act as its representative for the performance of this Agreement (“Contractor’s Representative”). Contractor’s Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. The Contractor’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the

5.22.c
Packet Pg. 447
Services under this Agreement.

3.2.6 Coordination of Services. Contractor agrees to work closely with City staff in providing said Services and shall be available to City’s staff, Contractors and other staff at all reasonable times.

3.2.7 Standard of Care; Performance of Employees. Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor’s failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub-contractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Agreement, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any of the Services or to work on the Project.

3.2.7.1 Period of Performance and Liquidated Damages.

Contractor shall perform and complete all services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”). Contractor shall perform the Services in strict accordance with any completion schedule or Project milestones described in Attachment 1 attached hereto, or which may be provided separately in writing to the Contractor. Contractor agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such completion schedule or Project milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage. Pursuant to Government Code Section 53069.85, Contractor shall pay to the City as fixed and liquidated damages, and not as a penalty, the sum of, $100.00 per day.

3.2.8 Laws and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with the Services. If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. Contractor shall

5.22.c
Packet Pg. 448
defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

3.2.8.1 Employment Eligibility; Contractor. By executing this Agreement, Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time. Such requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Contractor. Contractor also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the Term of the Agreement.

Contractor shall avoid any violation of any such law during the Term of this Agreement by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method. Contractor shall maintain records of each such verification, and shall make them available to the City or its representatives for inspection and copy at any time during normal business hours. The City shall not be responsible for any costs or expenses related to Contractor’s compliance with the requirements provided for in Section 3.2.8 or any of its sub-sections.

3.2.8.2 Employment Eligibility; Subcontractors, Contractors, and Sub-subcontractors. To the same extent and under the same conditions as Contractor, Contractor shall require all of its subcontractors, Contractors, and sub-subcontractors performing any work or Services relating to this Agreement to make the same verifications and comply with all requirements and restrictions provided for in Section 3.2.8.1.

3.2.8.3 Employment Eligibility; Failure to Comply. Each person executing this Agreement on behalf of Contractor verifies that they are a duly authorized officer of Contractor, and understands that any of the following shall be grounds for the City to terminate the Agreement for cause: (1) failure of Contractor or its subcontractors, Contractors, sub-subcontractors or subcontractors to meet any of the requirements provided for in Sections 3.2.8.1 or 3.2.8.2; (2) any misrepresentation or material omission concerning compliance with such requirements (including in those verifications provided to the Contractor under Section 3.2.8.2); or (3) failure to immediately remove any person found not to be in compliance with such requirements.

3.2.8.4 Labor Certification. By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of

5.22.c
Packet Pg. 449
the Services.

3.2.8.5 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Contractor shall also comply with all relevant provisions of City’s Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.

3.2.8.6 Air Quality. To the extent applicable, Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the South Coast Air Quality Management District (SCAQMD) and/or California Air Resources Board (CARB). Although the SCAQMD and CARB limits and requirements are more broad, Contractor shall specifically be aware of their application to "portable equipment", which definition is considered by SCAQMD and CARB to include any item of equipment with a fuel-powered engine. Contractor shall indemnify City against any fines or penalties imposed by SCAQMD, CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Agreement.

3.2.9 Insurance.

3.2.9.1 Time for Compliance. Contractor shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this section.

3.2.9.2 Minimum Requirements. Throughout the life of this Contract, Contractor shall pay for and maintain in full force and effect all policies of insurance required hereunder with an insurance company(ies) either (i) admitted by the California Insurance Commissioner to do business in the State of California and rated not less than "A- VII" in Best's Insurance Rating Guide, or (ii) as may be authorized in writing by City Manager or his/her designee at any time and in his/her sole discretion. The following policies of insurance are required:
(i) COMMERCIAL GENERAL LIABILITY insurance which shall be at least as broad as the most current version of Insurance Services Office (ISO) Commercial General Liability Coverage Form CG 00 01 and include insurance for “bodily injury,” “property damage” and “personal and advertising injury” with coverage for premises and operations

5.22.c
Packet Pg. 450
(including the use of owned and non-owned equipment), products and completed operations, and contractual liability (including, without limitation, indemnity obligations under the Contract) with limits of liability of not less than the following:
$1,000,000 per occurrence for bodily injury and property damage $1,000,000 per occurrence for personal and advertising injury $2,000,000 aggregate for products and completed operations $2,000,000 general aggregate applying separately to the work performed under the Contract
(ii) COMMERCIAL AUTOMOBILE LIABILITY insurance which shall be at least as broad as the most current version of Insurance Service Office (ISO) Business Auto Coverage Form CA 00 01, and include coverage for all owned, hired, and non owned automobiles or other licensed vehicles (Code 1 Any Auto) with limits of liability of not less than $1,000,000 per accident for bodily injury and property damage. (iii) WORKERS' COMPENSATION insurance as required under the California Labor Code.

(iv) EMPLOYERS’ LIABILITY insurance with limits of liability of not less than $1,000,000 each accident, $1,000,000 disease policy limit and $1,000,000 disease each employee.
(v) PROFESSIONAL LIABILITY Professional Liability (Errors and Omissions) insurance appropriate to Contractor’s profession, with limits of liability of $2,000,000 per claim/occurrence and $2,000,000 policy aggregate.

In the event Contractor purchases an Umbrella or Excess insurance policy(ies) to meet the minimum limits of insurance set forth above, this insurance policy(ies) shall “follow form” and afford no less coverage than the primary insurance policy(ies).

Contractor shall be responsible for payment of any deductibles contained in any insurance policies required hereunder and Contractor shall also be responsible for payment of any self-insured retentions. Any deductibles or self-insured retentions must be declared to, and approved by, the City Manager or his/her designee. At the option of the City Manager or his/her designee, either: (i) the insurer shall reduce or eliminate such deductibles or selfinsured retentions as respects to VVTA, its board members, officers, officials, employees and agents; or (ii) Contractor shall provide a financial guarantee, satisfactory to VVTA’s Executive Director or his/her designee, guaranteeing payment of losses and related investigations, claim administration and defense expenses. At no time shall the City be responsible for the payment of any deductibles or self-insured retentions.

All policies of insurance required hereunder shall be endorsed to provide that the coverage shall not be cancelled, non-renewed, reduced in coverage or in limits except after 30 calendar day written notice has been given to City. Upon issuance by the insurer, broker, or agent of a notice of cancellation, non-renewal, or reduction in coverage or in limits,

5.22.c
Packet Pg. 451
Contractor shall furnish City with a new certificate and applicable endorsements for such policy(ies). In the event any policy is due to expire during the work to be performed for City, Contractor shall provide a new certificate, and applicable endorsements, evidencing renewal of such policy not less than 15 calendar days prior to the expiration date of the expiring policy.

The General Liability and Automobile Liability insurance policies shall be written on an occurrence form. The General Liability (including ongoing and completed operations) and Automobile Liability shall name City and its officers, officials, employees, agents and volunteers as an additional insured. Such policy(ies) of insurance shall be endorsed so Contractor’s insurance shall be primary and no contribution shall be required of City. The coverage shall contain no special limitations on the scope of protection afforded to the City and its officers, officials, employees, agents and volunteers. The Workers’ Compensation insurance policy shall contain a waiver of subrogation as to City and its officers, officials, employees, agents and volunteers. Should Contractor maintain insurance with broader coverage and/or limits of liability greater than those shown above, City requires and shall be entitled to the broader coverage and/or the higher limits of liability maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.

If the Professional Liability (Errors and Omissions) insurance policy is written on a claimsmade form:

1. The retroactive date must be shown, and must be before the effective date of the Agreement or the commencement of work by Contractor.

2. Insurance must be maintained and evidence of insurance must be provided for at least 3 years after any expiration or termination of the Agreement or, in the alternative, the policy shall be endorsed to provide not less than a 3-year discovery period.

3. If coverage is canceled or non-renewed, and not replaced with another claimsmade policy form with a retroactive date prior to the effective date of the Agreement or the commencement of work by Contractor, Contractor must purchase extended reporting coverage for a minimum of 3 years following the expiration or termination of the Agreement.

4. A copy of the claims reporting requirements must be submitted to VVTA for review.

5. These requirements shall survive expiration or termination of the Agreement.

Contractor shall furnish City with all certificate(s) and applicable endorsements effecting coverage required hereunder. All certificates and applicable endorsements are to be received and approved by the City Manager or his/her designee prior to City’s execution of the Agreement and before work commences.

5.22.c
Packet Pg. 452
If at any time during the life of this Agreement or any extension, Contractor or any of its subcontractors fail to maintain any required insurance in full force and effect, all work under this Agreement shall be discontinued immediately, and all payments due or that become due to Contractor shall be withheld until notice is received by City that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to City. Any failure to maintain the required insurance shall be sufficient cause for City to terminate this Agreement. No action taken by City hereunder shall in any way relieve Contractor of its responsibilities under this Agreement.

Upon request of City, Contractor shall immediately furnish City with a complete copy of any insurance policy required under this Agreement, including all endorsements, with said copy certified by the underwriter to be a true and correct copy of the original policy. This requirement shall survive expiration or termination of this Agreement.

The fact that insurance is obtained by Contractor shall not be deemed to release or diminish the liability of Contractor, including, without limitation, liability under the indemnity provisions of this Agreement. The duty to indemnify City and its officers, officials, employees, agents and volunteers shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of Contractor, its principals, officers, employees, agents, persons under the supervision of Contractor, vendors, suppliers, invitees, sub-Contractors, subcontractors, or anyone employed directly or indirectly by any of them.

If Contractor should subcontract all or any portion of the services to be performed under this Agreement, Contractor shall require each subcontractor to provide insurance protection in favor of City and its officers, officials, employees, agents and volunteers in accordance with the terms of each of the preceding paragraphs, except that the subcontractors’ certificates and endorsements shall be on file with Contractor and City prior to the commencement of any work by the subcontractor.

3.2.10 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In providing Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.

3.3 Fees and Payments.

5.22.c
Packet Pg. 453

3.3.1 Rates and Total Compensation. Contractor shall receive compensation, including authorized reimbursements, for all design services rendered under this Agreement at the rates set forth in Exhibit B attached hereto and incorporated herein by reference. Extra work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement. The total contract shall be based on a contract unit cost as described in attachment “B” for services provided to the City for a “not to exceed” amount of $250,000 annually.

3.3.2 Payment of Compensation. Contractor shall submit to City a monthly itemized statement which indicates work completed by Contractor. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days of receiving such statement, review the statement and pay all approved charges thereon.

3.3.3 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City.

3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Contractor perform Extra Work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Services, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City’s Representative.

3.4 Accounting Records.

3.4.1 Maintenance and Inspection. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.

3.5 Ownership of Materials and Confidentiality

3.5.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically, electronically or otherwise recorded or stored, which are prepared or caused to be prepared by Contractor under this Agreement (“Documents &

5.22.c
Packet Pg. 454
Data”). All Documents & Data shall be and remain the property of the City, and shall not be used in whole or in substantial part by Contractor on other projects without the City's express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Contractor shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Contractor is entitled under the termination provisions of this Agreement, Contractor shall provide all Documents & Data to City upon payment of the undisputed amount. Contractor shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Contractor shall retain copies of all Documents & Data on file for a minimum of five (5) years following completion of said Services, and shall make copies available to City upon the payment of actual reasonable duplication costs. In addition, before destroying the Documents & Data following this retention period, Contractor shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents.

3.5.2 Subcontractors. Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Contractor or its subcontractors, or those provided to Contractor by the City.

3.5.2 Right to Use. City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time, provided that any such use not within the purposes intended by this Agreement without employing the services of Contractor shall be at City’s sole risk.

3.6 General Provisions.

3.6.1 Termination of Agreement.

3.6.1.1 Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those services which have been adequately rendered to City, and Contractor shall be entitled to no further compensation.

Contractor may not terminate this Agreement except for cause.

3.6.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished Documents and Data and other information of any kind prepared by Contractor in

5.22.c
Packet Pg. 455
connection with the performance of Services under this Agreement. Contractor shall be required to provide such document and other information within fifteen (15) days of the request.

3.6.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.

3.6.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the follow address, or at such other address as the respective parties may provide in writing for this purpose:

Contractor:

West Coast Arborists, Inc
2200 E. Via Burton Street
Anaheim, CA 92806
Attention: Patrick Mahoney - President
City:

City of Norco
2870 Clark Avenue
Norco, CA 92860
Attention: Director of Public Works
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the US Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.6.3 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.

3.6.4 Attorney’s Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney’s fees and all other costs of such action.

3.6.5 Indemnification. To the furthest extent allowed by law, Contractor shall indemnify, hold harmless and defend the City and its officers, officials, employees, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage), and from any and all claims, demands and actions in law or equity (including reasonable attorney's fees and litigation expenses) that arise out of, pertain to, or relate to the negligence, recklessness or willful misconduct of Contractor, its principals, officers, employees, agents or volunteers in the performance of

5.22.c
Packet Pg. 456
this Agreement.

If Contractor should subcontract all or any portion of the services to be performed under this Agreement, Contractor shall require each subcontractor to indemnify, hold harmless and defend the City and its officers, officials, employees, agents and volunteers in accordance with the terms of the preceding paragraph.

This section shall survive termination or expiration of this Agreement.

3.6.6 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.

3.6.7 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County.

3.6.8 Time of Essence. Time is of the essence for each and every provision of this Agreement.

3.6.9 City’s Right to Employ Other Contractors. City reserves right to employ other Contractors in connection with said Services.

3.6.10 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.

3.6.11 Assignment or Transfer. Contractor shall not assign, hypothecate or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.

3.6.12 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be work days (Monday through Friday, excluding holidays). All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content or intent of this Agreement.

3.6.13 Amendment; Modification. No supplement, modification or amendment

5.22.c
Packet Pg. 457
of this Agreement shall be binding unless executed in writing and signed by both Parties.

3.6.14 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise.

3.6.15 No Third-Party Beneficiaries. There are no intended third-party beneficiaries of any right or obligation assumed by the Parties.

3.6.16 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.6.17 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Contractor further agrees to file, or shall cause its employees or subcontractors to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

3.6.18 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Contractor shall also comply with all relevant provisions of City’s Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.

3.6.19 Labor Certification. By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.

3.6.20 Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power,

5.22.c
Packet Pg. 458
right, and authority to make this Agreement and bind each respective Party.

3.6.21 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

3.7 Subcontracting.

3.7.1 Prior Approval Required. Contractor shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.

Name of Contractor: West Coast Arborists, Inc.
*By:
________________________________
Patrick Mahoney - President
NOTE: SIGNATURES OF CORPORATE OFFICIALS MUST BE NOTARIZED.

Attach Certificate of Notary Acknowledgement
OWNER: CITY OF NORCO, a municipal corporation
*By:
_______________________________
Robin Grundmeyer, Mayor
ATTEST:
_______________________________
Dana Roa, CMC, City Clerk
APPROVED AS TO FORM:
______________________________
Harper & Burns, LLC, City Attorney

5.22.c
Packet Pg. 459

EXHIBIT A

TREE TRIMMING, REMOVAL, AND PLANTING

CONTRACT SERVICES RFP

5.22.c
Packet Pg. 460

EXHIBIT B

CONTRACTOR PROPOSAL & FEES

5.22.c
Packet Pg. 461

GENERAL LIABILITY ENDORSEMENT

CITY OF NORCO
2870 Clark Avenue
Norco, CA 92860
(951) 270-5678
A. POLICY INFORMATION Endorsement # ________________________

1. Insurance Company ____________________________________________ Policy Number _____________________

2. Policy Term (From) _______________ (To)________________ Endorsement Effective Date ______________________________________

3. Named Insured _______________________________________________

4. Address of Named Insured
_____________________________________________________________ _____________________________________________________________

5. Limit of Liability Any One Occurrence/Aggregate
$______________________________ /_____________________________

6. Deductible or Self-Insured Retention (Nil unless otherwise specified):
______________________________________________

7. Coverage is equivalent to:

Comprehensive General Liability Form GL0002 (Ed. 1/73)
______________________________________________
Commercial General Liability “Occurrence” Form CG0001
______________________________________________

8. Bodily Injury and Property Damage Coverage is:
____________________________________”occurrence”
Note: The City of Norco standard insurance requirements specify “occurrence” coverage. “Claims-made” coverage is not acceptable. If commercial general liability form or equivalent is used, the general aggregate must apply separately to this location/project or the general aggregate must be twice the occurrence limit.

5.22.c
Packet Pg. 462

9. Description of Project:

The City utilizes a 5-year trimming program (divided up into grids) intended to trim every tree within a 5-year period and is provided on the City’s website so residents can know what year their frontage trees might be trimmed. The City Tree Trimming Contract will provide tree trimming services of all public trees within the city limits of the City of Norco. The contractor shall provide all labor, equipment, tools, fuel, materials, dumping, insurance, supervision, and all other items needed to deliver excellent tree maintenance services.

B. POLICY AMENDMENTS
This endorsement is issued in consideration of the policy premium. Notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any other endorsement attached thereto, it is agreed as follows:

1. INSURED. As respects any work performed on the above described Project, the City of Norco, its elected or appointed officers, officials, employees, consulting engineers, and volunteers are included as insured with regard to damages and defense of claims arising from: (a) activities performed by or on behalf of the Named Insured, (b) products and completed operations of the Named Insured, or (c) premises owned, leased, or used by the Named Insured.

2. CONTRIBUTION NOT REQUIRED. As respects: (a) work performed by the Named Insured on the above described Project for or on behalf of the City of Norco; or (b) products sold by the Named Insured to the City of Norco for use on the Project; or (c) premises leased by the Named Insured from the City of Norco, the insurance afforded by this policy shall be primary insurance as respects the City of Norco, its elected or appointed officers, officials, employees, consulting engineers, or volunteers; or stand in an unbroken chain of coverage excess of the Named Insured’s schedule underlying primary coverage. In either event, any other insurance maintained by the City of Norco, its elected or appointed officers, officials, employees, consulting engineers, or volunteers shall be in excess of this insurance and shall not contribute with it.

3. SCOPE OF COVERAGE. This policy, if primary, affords coverage at least as broad as:
(1) Insurance Services Office Form Number GL 0002 (Ed. 1/73), Comprehensive General Liability Insurance and Insurance Services Office form number GL 0404 Broad Form Comprehensive General Liability endorsement; or
(2) Insurance Services Office Commercial General Liability Coverage, “Occurrence” Form CG 0001; or

5.22.c
Packet Pg. 463
(3) If excess, affords coverage which is at least as broad as the primary insurance forms referenced in the preceding Sections (1) and (2).

4. SEVERABILITY OF INTEREST. The insurance afforded by this policy applies separately to each insured who is seeking coverage or against whom a claim is made or a suit is brought, except with respects to the Company’s limit of liability.

5. PROVISIONS REGARDING THE INSURED’S DUTIES AFTER ACCIDENT OR LOSS. Any failure to comply with reporting provisions of the policy shall not affect coverage provided to the City of Norco, its elected or appointed officer, officials, employees, consulting engineers or volunteers.

6. CANCELLATION NOTICE. The insurance afforded by this policy shall not be suspended, voided, canceled, reduced in coverage or in limits except after 30 days prior written notice by certified mail return receipt requested has been given to the City of Norco. Such notice shall be addressed as shown in the heading of this endorsement.

C. INCIDENT AND CLAIM REPORTING PROCEDURE
Incidents and claims are to be reported to the insurer at:

ATTN:
_____________________________________________________________________ (Title) (Department)
_____________________________________________________________________ (Company)
_____________________________________________________________________ (Street Address)
_____________________________________________________________________ (City) (State) (Zip Code)
_____________________________
(Telephone Number)

5.22.c
Packet Pg. 464
D. SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE

INSURER
I, __________________________, warrant that I have authority to (Print/Type Name)
bind the below-listed insurance company and by my signature hereon do so bind this company.
____________________________________________

SIGNATURE OF AUTHORIZED REPRESENTATIVE
(Original Signature required on endorsement furnished to the City of Norco) ORGANIZATION: _____________________________________________________ TITLE: _____________________________________________________ ADDRESS: _____________________________________________________ _____________________________________________________
TELEPHONE: _____________________________________________________

5.22.c
Packet Pg. 465

AUTOMOBILE LIABILITY ENDORSEMENT

CITY OF NORCO
2870 Clark Avenue
Norco, CA 92860
(951) 270-5678
A. POLICY INFORMATION Endorsement #_____________________

1. Insurance Company _____________________________________________ Policy Number _____________________

2. Policy Term (From)________________(To) _______________ Endorsement Effective Date ___________

3. Named Insured________________________________________________

4. Address of Named Insured________________________________________

5. Limit of Liability Any One Occurrence/Aggregate
$______________________ /_____________________________________

6. Deductible or Self-Insured Retention
(Nil unless otherwise specified):
$____________________________________________________________ B. POLICY AMENDMENTS
This endorsement is issued in consideration of the policy premium. Notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any other endorsement attached thereto, it is agreed as follows:

1. INSURED. The City of Norco, its elected or appointed officers, officials, consulting engineers, employees and volunteers are included as insured with regard to damages and defense of claims arising from: the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Named Insured, regardless of whether liability is attributable to the Named Insured or a combination of the Named Insured and the City of Norco, its elected or appointed officers, officials, employees, consulting engineers or volunteers.

2. CONTRIBUTION NOT REQUIRED. As respects work performed by the Named Insured for or on behalf of the City of Norco, the insurance afforded by this policy shall: (a) be primary insurance as respects the City of Norco, its elected or

5.22.c
Packet Pg. 466
appointed officers, officials, employees, consulting engineers or volunteers; or (b) stand in an unbroken chain of coverage excess of the Named Insured’s primary coverage. In either event, any other insurance maintained by the City of Norco, its elected or appointed officers, officials, employees or volunteers shall be in excess of this insurance and shall not contribute with it.

3. SCOPE OF COVERAGE. This policy, if primary, affords coverage to the Named Insured at least as broad as:
(1) Insurance Services Office form number CA 00001 (Ed. 1/78), Code 1 (“any auto”) and endorsement CA 0025.
(2) If excess, affords coverage which is at least as broad as the primary insurance forms referenced in the preceding Section (1).

4. SEVERABILITY OF INTEREST. The insurance afforded by this policy applies separately to each insured who is seeking coverage, or against whom a claim is made or a suit is brought, except with respect to the Company’s limit of liability.

5.22.c
Packet Pg. 467
C. INCIDENT AND CLAIM REPORTING PROCEDURE
Incidents and claims are to be reported to the insurer at:

5.22.c
Packet Pg. 468
WORKER’S COMPENSATION/EMPLOYER’S LIABILITY ENDORSEMENT

CITY OF NORCO
2870 Clark Avenue
Norco, CA 92860
(951) 270-5678
A. POLICY INFORMATION Endorsement # ________________________

1. Insurance Company ____________________________________________ (“the Company”)
Policy Number _________________________________________________

2. Effective Date of this Endorsement ________________________________

3. Named Insured_________________________________________________

7. Employer’s Liability Limit (Coverage B)______________________________ _____________________________________________________________ B. POLICY AMENDMENTS
In consideration of the policy premium and notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any other endorsement attached thereto, it is agreed as follows:
(1) Cancellation Notice. The insurance afforded by this policy shall not be suspended, voided, canceled, reduced in coverage or in limits except after 30 days prior written notice by certified mail return receipt requested has been given to the City of Norco. Such notice shall be addressed as shown in the heading of this endorsement.
(2) Waiver of Subrogation. The Insurance Company agrees to waive all rights of subrogation against the City of Norco, its elected or appointed officers, officials, agents and employees for losses paid under the terms of this policy which arise from work performed by the Named Insured for the City of Norco.

5.22.c
Packet Pg. 469
C. SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE

INSURER
I, _______________________, warrant that I have authority to bind (Print/Type Name)
the below-listed insurance company and by my signature hereon do so bind this company.

SIGNATURE OF AUTHORIZED REPRESENTATIVE
(Original signature required on endorsement furnished to the City of Norco) ORGANIZATION: ____________________________________________________ TITLE: ____________________________________________________ ADDRESS: ____________________________________________________ TELEPHONE: ____________________________________________________

5.22.c
Packet Pg. 470

5.22.c
Packet Pg. 471

5.22.c
Packet Pg. 472

5.22.c
Packet Pg. 473

5.22.c
Packet Pg. 474
Agenda #: 5.23
Meeting Date: June 18, 2024
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: PURCHASE OF NEW SITE FURNISHINGS FROM OUTDOOR
CREATIONS INC. FOR SYCAMORE CANYON PARK.

STRATEGIC
GOAL: Safe, Sustainable & Healthy Community
RECOMMENDATION:

Approve, and authorize the City Manager to sign, the Purchase Order with Outdoor Creations Inc. for the purchase of new site furnishings at Sycamore Canyon Park in the not-to-exceed amount of $98,632.13.

FINANCIAL IMPACT:

The total not-to-exceed amount of the Purchase Order would be $98,632.13. Sufficient funds are included in the 2023/24 operating budget to cover the cost of the purchase, including $64,446.23 from the Building Facility & Maintenance Fund (Fund 504) and $34,185.90 from the Integrated Waste Management Fund (Fund 250).

BACKGROUND:

Over the past 10 years the City has been updating and standardizing the site furnishings throughout the parks with precast cast products from Outdoor Creations.

The current site furnishings at Sycamore were installed as part of the Sycamore Canyon Park ADA Phase 2 project in 2005 and have reached the end of their operational life.

Outdoor Creations is the manufacturer and sole supplier of their products, and is the standard concrete site furniture manufacturer/supplier specified by the City, in order to keep consistency throughout our facilities.

ANALYSIS:

Per section 3.24.090(c) of the purchasing policy, the bidding requirements can be waived when the commodity or service can be obtained from only one vendor.

5.23 Packet Pg. 475
This project will consist of the replacement of the following:
• Waste and recycling receptacles
• Picnic tables
• Square court tables
• Benches
• Family BBQ’s
The products supplied by Outdoor Creations have proven to be durable and meet the needs and expectations of the City.

LEGAL REVIEW:

The City Attorney has reviewed and approved this item as to form.

PREPARED BY:

REVIEWED BY:

Attachments:

1. 5.23.a Purchase Order Quote # Q6432

2. 5.23.b Purchase Order Quote # Q6433

5.23 Packet Pg. 476
Qty. UOM Model # Description Unit Price Amount
20 EA 100 S 92" Smooth Top Picnic Table Standard Legs 1,205.00 24,100.00 1 EA 100 S 92" Smooth Top Picnic Table Standard Legs (With 1,205.00 1,205.00 Game Board)
1 EA CGB Chess Gameboard 170.00 170.00
1 EA 108S Square Cafe Table - 4 Seats 1,800.00 1,800.00 1 EA 108S Square Cafe Table - 4 Seats (With Game Board) 1,800.00 1,800.00 1 EA CGB Chess Gameboard 170.00 170.00
2 EA 408SK 26" x 84" Contour Bench w/armrests and 1,180.00 2,360.00 skateboard resistant bumps
1 EA 408SK 26" x 84" Contour Bench w/armrests and 1,180.00 1,180.00 skateboard resistant bumps(With 3" x 5" Inset for
plaque provided by customer)
4 EA 417SKB2 24" x 84" Flat bench with center armrests and 1,045.00 4,180.00 skateboard bumps on both sides
6 EA 300A Family BBQ with Clean Out Door and Grill 1,190.00 7,140.00 6 EA 300F Painted Flames & Text for 300CR - 2 PER UNIT 155.00 930.00 1 EA 3001A Group BBQ Group BBQ 32" x 68" W/Fixed Grill 3,815.00 3,815.00 EA LT SB Light Sandblast
EA NANO Nano - Non-sacrificial sealer
EA Soft Gray Increte Soft Gray
1 <Each> Shipping Must Be Taxed, Company Owned Truck 8,325.00 8,325.00 Sales Rep

SOLD TO
Good Thru
7/4/24
Terms
TOTAL 62,606.63
Sales Tax 5,431.63
Subtotal 57,175.00
530-365-6106 530-365-5129

QUOTATION
Tim L. Hudson

AUTHORIZED SALES PERSON SIGNATURE
PH# FX#
Email [email protected]

SHIP TO

PLEASE FILL IN THE REQUIRED INFORMATION ON THE ADDITIONAL PAGE WITH THE TERMS AND CONDITIONS.

STANDARD DELIVERY A.R.O AND APPROVED SUBMITTALS/ORDER IS 16+ WEEKS (Does not apply to custom products). 6/4/24
Date: 6/4/24
Quote No.: Q6432
Accounts Payable
21810 Copley Drive
Diamond Bar, CA 91765
USA
Tim L. Hudson Net 30 Days
Please sign here to confirm your order and acknowledge that you have read and understand our terms and conditions
Forklift required upon delivery unless other arrangements made prior to order.

City of Diamond Bar Sycamore Park - Site Furnishings
Jason Williams 909-839-7059
[email protected]
Diamond Bar, CA 91765
USA
Purchase Order
2270 Barney Road
Anderson, CA 96007
USA
Outdoor Creations Inc.

Final sales tax will be
calculated at time of
shipping.

5.23.a
Packet Pg. 477
Qty. UOM Model # Description Unit Price Amount
14 EA 511 (2) Compartment Trash/Recycle Receptacle 2,125.00 29,750.00 14 EA 511 DOOR HAN BLACK 511 DOOR W/HANDLE BLACK (GR1372-BK05) 14 EA 511 DOOR HAN BLUE 511 DOOR W/HANDLE BLUE (GR1372-BL01) 14 <Each> Vinyl Trash Vinyl Trash Sticker
14 <Each> Vinyl Recycle Vinyl Recycle Sticker
14 <Each> Cast In Logo Cast In Logo (Trash Logo oppo Dr Painted Black) 14 <Each> Cast In Logo Cast In Logo (Recycle Logo Oppo Dr Painted Blue) EA NANO Nano - Non-sacrificial sealer
EA LT SB Light Sandblast
EA Soft Gray Increte Soft Gray
1 <Each> Shipping Must Be Taxed, Company Owned Truck 3,150.00 3,150.00 Sales Rep

SOLD TO
Good Thru
7/4/24
Terms
TOTAL 36,025.50
Sales Tax 3,125.50
Subtotal 32,900.00
530-365-6106 530-365-5129

QUOTATION
Tim L. Hudson

AUTHORIZED SALES PERSON SIGNATURE
PH# FX#
Email [email protected]

SHIP TO

PLEASE FILL IN THE REQUIRED INFORMATION ON THE ADDITIONAL PAGE WITH THE TERMS AND CONDITIONS.

STANDARD DELIVERY A.R.O AND APPROVED SUBMITTALS/ORDER IS 16+ WEEKS (Does not apply to custom products). 6/4/24
Date: 6/4/24
Quote No.: Q6433
Accounts Payable
21810 Copley Drive
Diamond Bar, CA 91765
USA
Tim L. Hudson Net 30 Days
Please sign here to confirm your order and acknowledge that you have read and understand our terms and conditions
Forklift required upon delivery unless other arrangements made prior to order.

City of Diamond Bar Sycamore Canyon Park - 511 Trash Only Jason Williams 909-839-7059
[email protected]
Diamond Bar, CA 91765
USA
Purchase Order
2270 Barney Road
Anderson, CA 96007
USA
Outdoor Creations Inc.

Final sales tax will be
calculated at time of
shipping.

5.23.b
Packet Pg. 478
Agenda #: 6.1
Meeting Date: June 18, 2024
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: DEVELOPMENT CODE AMENDMENT TO IMPLEMENT HOUSING
PROGRAMS CONTAINED IN THE CERTIFIED 2021-2029 HOUSING
ELEMENT AND TO CONFORM WITH STATE LAW (PL 2022-59).

STRATEGIC
GOAL: Open, Engaged & Responsive Government
RECOMMENDATION:

A. Determine that the proposed Development Code Amendment is categorically and statutorily exempt from the California Environmental Quality Act (“CEQA”); and B. Introduce first reading by title only, waive full reading of the Ordinance, open the Public Hearing to receive public testimony, schedule the second reading and adoption at the next regularly scheduled City Council meeting:
“Ordinance No. 03 (2024): AN ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF DIAMOND BAR, CALIFORNIA, AMENDING VARIOUS PROVISIONS OF TITLE 22 (DEVELOPMENT CODE) OF THE DIAMOND BAR CITY CODE TO IMPLEMENT HOUSING PROGRAMS CONTAINED IN THE CITY’S
CERTIFIED 2021-2029 HOUSING ELEMENT, TO CONFORM TO CHANGES IN

NEW STATE HOUSING LAWS AND CITY POLICIES, AND TO MAKE
TYPOGRAPHICAL CORRECTIONS AND CLARIFICATIONS.”
FINANCIAL IMPACT:

None.

SUMMARY:

The Diamond Bar Development Code (Title 22 of the Diamond Bar City Code) was first adopted in 1998. Its purpose and intent are “to implement the policies of the Diamond Bar general plan by classifying and regulating the uses of land and structures within the

6.1 Packet Pg. 479
City of Diamond Bar.”1
Amendments to the Development Code are needed from time to reflect community values, to keep pace with new state and federal laws, to implement local policies, and to resolve the internal inconsistencies and errors that are eventually encountered.

In the wake of the numerous housing and development laws passed by the State Legislature in recent years, together with the housing programs contained in the City’s certified 2021-2029 Housing Element, the proposed ordinance would amend several sections of the Development Code to ensure continued conformance with State law.

The proposed ordinance also incorporates several “cleanup” items to clarify the intent of various existing regulations.

BACKGROUND:

State Housing Laws
In addition to the routine cleanup items and the codifying of miscellaneous laws that the City is already subject to, the amendments proposed in the attached ordinance (Attachment 1) are largely focused on ensuring that the City is in compliance with the onslaught of housing laws passed by the State Legislature in recent years. These laws were discussed during a joint study session of the City Council and Planning Commission on March 26, 2024, and are summarized below:
• The Housing Accountability Act (Gov't Code §65589.5) prevents cities from applying non-objective development standards and findings to proposed housing development projects, limits cities' authority to disapprove or impose certain conditions on proposed housing development projects, and imposes other temporal and procedural limits on cities' review of housing projects. “Objective” standards are those that involve no personal or subjective judgment and are uniformly verifiable by reference to an external benchmark or criterion. Cities or counties found to have acted in violation of the Housing Accountability Act may be subject to certain enhanced remedies, including significant fines.
• The Housing Crisis Act of 2019 (SB 330) established laws intended to streamline housing development approvals, requires cities to maintain their existing affordable housing stock and protect displaced tenants of affordable housing units, limits cities' authority to rezone property to a lower residential density, and restricts cities from establishing new residential design standards that are not objective. • State Density Bonus Law (“SDBL,” Gov't Code §§65915-65918), as amended by AB 1287, requires cities to grant increased density, incentives and concessions, and waivers of development standards to residential developers in exchange for the production of affordable housing units.
• No Net Loss Law (Gov't Code §65863) requires that a city make specified findings before it allows development of a parcel at a lower residential density than identified in the city's housing element for that parcel or takes any other administrative, quasijudicial, or legislative action to reduce, require, or permit the reduction of the allowable residential density for such a parcel.
1 DBCC §22.01.020

6.1 Packet Pg. 480
• Housing Element Law (Gov't Code §§65580 – 65589.11), among other things, requires cities to identify and remove governmental constraints on the production of housing, to treat transitional and supportive housing similarly to other residential dwellings, and to provide for a variety of housing types, including single-room occupancy housing.
• Senate Bill 35 (Gov't Code §65913.4) requires cities to ministerially review and approve qualifying affordable housing projects in an effort to meet statewide affordable housing goals.
• Government Code §65651, et seq. and §65660, et seq. require cities to allow certain supportive housing projects and low-barrier navigation centers as uses to be established by right.
• Accessory Dwelling Unit (ADU) and Junior Accessory Dwelling Unit (JADU) Law (Article 2, commencing with § 66314, of Chapter 13 of Division 1 of Title 7 of the Government Code) requires cities to adopt ordinances providing for streamlined ministerial review and approval of ADUs and JADUs and limiting the development standards cities can apply to ADUs and JADUs.

Diamond Bar Housing Element
The proposed amendments also implement several of the housing programs contained in the City's certified 2021-2029 Housing Element, as summarized below:
• Program H-11. Housing for Persons with Special Needs - Continue to facilitate emergency shelters and transitional/supportive housing and continue participating with Los Angeles Homeless Services Authority and San Gabriel Valley Council of Governments on efforts to address homelessness throughout the planning period.

Process an amendment to the Development Code to allow supportive housing, low barrier navigation centers and large residential care facilities consistent with State law.

The proposed Code amendment would update the land use table to reflect mandatory changes in State law, including: removing the Conditional Use Permit (CUP) requirement for residential care facilities serving seven or more persons in all residential zones and reclassify them as permitted by right; permitting “transitional/supportive housing” by right in all residential zones, subject to certain requirements; and adding "supportive housing for the homeless" and "low-barrier navigation centers” as permitted uses by right in the Industrial zoning district, subject to certain requirements pursuant to Government Code Section 65653. • Program H-12. Affordable Housing Incentives/Density Bonus - Amend the Development Code in 2021 consistent with current Density Bonus Law and continue to encourage the production of affordable housing through the use of density bonus and other incentives.

The proposed Code amendment would update the City’s density bonus regulations to conform to the current provisions of the SDBL.

6.1 Packet Pg. 481
• Program H-13. Efficient Project Processing - Continue to offer streamlined development processing, and periodically review departmental processing procedures to ensure efficient project processing.

The proposed Code amendment would implement various provisions of State law aimed to ease local government constraints on housing development, as well as eliminate conflicting provisions found within the Development Code.

ANALYSIS:

Adoption Process
Before the City Council adopts an ordinance to amend the Development Code, the Planning Commission must first conduct a public hearing to consider the proposed amendments. The Commission then forwards its recommendations via a resolution advising the Council whether or not the proposed amendments should be adopted.

Planning Commission Review
On May 28, 2024, after conducting a duly noticed public hearing, the Planning Commission adopted Resolution No. 2024-07, recommending, by a 4-0 vote (one absence), that the City Council adopt the attached ordinance amending Title 22 (Attachment 2). The staff report and draft meeting minutes from that meeting are included as Attachments 3 and 4 respectively.

No public comments were received prior to or during the Planning Commission hearing.

Proposed Development Code Amendments
The full text of the proposed code amendments is contained in the draft ordinance (Attachment 1). The following discussion cites the applicable Development Code section or chapter being amended, and provides the basis for each proposed amendment. A more detailed discussion for each section was provided in the Planning Commission staff report.

The following sections are proposed to be amended to either correct typographical errors or provide technical clarifications:

22.04.020(c)(3) - Floor area ratio

22.08.040 Table 2-4 - Restrictions on nonconforming structures

22.10.030 Table 2-5 - Office district land use table

22.16.070(1) - Open space requirement

22.16.090(3)(c) - Setback regulations and exceptions

22.16.130 - View protection

22.30.080 (5)(a)(1) - Driveway extensions for single-family residential property

22.42.110 Table 3-15 - Setbacks for accessory uses and structures

22.44.020 Table 4-1 - Director vs. Hearing Officer

22.44.040(a) - Application fees

22.47.020(a) - Plot plan review

6.1 Packet Pg. 482

22.48.030(b) - Administrative development review

22.48.050(a) and (b) - Responsibility for development review

22.56.020, 22.56.030(c), 22.56.040, and 22.56.050 – Minor conditional use permit review authority

22.60.020 - Applicability of specific plan

22.68.020(b)(1)(a) - Restrictions on nonconforming uses

22.68.030(b)(2) - Restrictions on nonconforming structures The more notable amendments contained in the draft ordinance are listed below:

22.08.030 Table 2-3 - Residential District Land Use Table: Consistent with recent State law, the residential land use table is amended to remove the CUP requirement for residential care facilities serving seven or more persons in all residential zones and reclassify them as permitted by right. “Transitional/supportive housing” is added as permitted by right in all residential zones, subject to new requirements set forth under Development Code Section 22.42.170. Lastly, “Second Units” is deleted because the term has been renamed “Accessory Dwelling Units,” and was already added as a permitted use in all residential zones under an earlier ordinance.

22.10.030 Table 2-6 - Commercial/Industrial District Land Use Table: Consistent with recent State law, the commercial and industrial land use table is proposed to be amended to allow “low-barrier navigation centers” and “transitional/supportive housing” in the Light Industry (I) zoning districts subject to new requirements set forth in Section

22.42.170.

Chapter 22.18 - Special procedures applicable to housing development projects:

Because State housing laws have been amended so extensively, Development Code Chapter 22.18 (“Affordable Housing Incentives/Density Bonus Provisions”) is proposed to be repealed in its entirety and replaced with comprehensively rewritten standards to be fully consistent with State law. The revised Chapter 22.18 is accordingly retitled “Special Procedures Applicable to Housing Development Projects” to more aptly encompass the myriad of legislative mandates it now incorporates, as summarized below:
• Density bonus regulations are revised to conform to the current provisions of the SDBL, which requires cities to grant increased density, incentives and concessions, and waivers of development standards to residential developers in exchange for the production of affordable housing units;
• Provisions of the Housing Crisis Act of 2019 are added to require development project proponents to replace demolished residential dwelling units and protected rental units, and to provide relocation assistance and other benefits to existing occupants of demolished protected rental units;
• Minimum requirements for affordable housing regulatory agreements are added; • Provisions of State law pertaining to review by the City of applications for permits and/or land use entitlements for housing development projects are enumerated; and • The “No Net Loss” provisions of the Housing Crisis Act of 2019 are enumerated.

6.1 Packet Pg. 483

22.42.120 - Accessory dwelling units and junior accessory dwelling units: The proposed amendments would ensure compliance with the most recent ADU legislation:

AB 2221 and SB 897 (2022), AB 976 and AB 1332 (2023), and SB 477 (2024). These bills made several changes to existing law that clarify certain provisions and further ease development restrictions. The most significant recent change was to height restrictions where the construction of two-story ADUs must now be permitted, subject to certain requirements.

22.42.170 - Transitional and supportive housing: A new section is added to address transitional and supportive housing, per State law, specifying that these facilities are permitted in residential zoning districts subject to the same approval requirements, development standards, and restrictions that apply to other residential dwellings of the same type in the same zone, which shall be determined by the City based upon the predominant characteristics of the use. This section also specifies legal requirements, review and approval procedures for "Supportive Housing For the Homeless" and "LowBarrier Navigation Centers," pursuant to State law. These uses are proposed to be permitted uses by right in the Industrial zoning district, subject to certain requirements pursuant to Government Code Section 65653.

22.80.020 - Definitions of specialized terms and phrases: The following definitions are to be added or amended: Low barrier navigation center, Public right-of-way, School (Private, Public and Trade), Specialized education and training, Studio, Supportive housing, and Transitional housing. The housing terms are required in conjunction with the proposed amendments per State housing law. “Public right-of-way” is added since it is not expressly defined anywhere else in the Municipal Code. As noted above, the current definition of “school” is very broad and encompasses all types of schools, education and training facilities, and studios. The proposed amendment would create separate discrete definitions for each.

ENVIRONMENTAL REVIEW:

The proposed Development Code Amendment has been determined to be categorically and statutorily exempt from the California Environmental Quality Act (“CEQA”).

Section 27 of the Ordinance provides a detailed analysis to support this determination.

NOTICE OF PUBLIC HEARING:

Notice for this hearing was published in the San Gabriel Valley Tribune newspaper on June 7, 2024, in a 1/8-page display. Pursuant to Planning and Zoning Law Government Code Section 65091(a)(4), if the number of property owners to whom a public hearing notice would be mailed is greater than 1,000, a local agency may provide notice by placing a display advertisement of at least 1/8 page in one newspaper of general circulation. A copy of the public notice was also posted at the City’s designated community posting sites.

LEGAL REVIEW:

The City Attorney has reviewed and approved the Ordinance as to form.

6.1 Packet Pg. 484
PREPARED BY:

REVIEWED BY:

Attachments:

1. 6.1.a Ordinance No. 03 (2024); Development Code Amendment PL2022-59

2. 6.1.b Planning Commission Resolution No. 2024-07 (not including attachment)

3. 6.1.c Planning Commission Staff Report Dated May 28, 2024 (not including attachments)

4. 6.1.d Planning Commission Meeting Minutes Dated May 28, 2024 (Draft)

6.1 Packet Pg. 485
ORDINANCE NO. 03 (2024)

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, AMENDING VARIOUS PROVISIONS OF TITLE 22 (DEVELOPMENT CODE) OF THE DIAMOND BAR CITY CODE TO
IMPLEMENT HOUSING PROGRAMS CONTAINED IN THE CITY’S
CERTIFIED 2021-2029 HOUSING ELEMENT, TO CONFORM TO

CHANGES IN NEW STATE HOUSING LAWS AND CITY POLICIES, AND TO MAKE TYPOGRAPHICAL CORRECTIONS AND CLARIFICATIONS.

WHEREAS, On November 3, 1998, the City of Diamond Bar adopted a Development Code (Title 22 of the Diamond Bar City Code); WHEREAS, on December 17, 2019, the City Council adopted an updated General Plan to create a vision and blueprint for development through 2040; WHEREAS, on August 11, 2022, the City Council adopted the City’s 6th Cycle (2021-2029) General Plan Housing Element, which was subsequently found by the California Department of Housing and Community Development (HCD) to be in full compliance with State Housing Element Law (Article 10.6 of the Gov. Code) on October 5, 2022;
WHEREAS, the Development Code requires periodic updates to ensure consistency with City policies, new State laws, and to improve clarity to better serve the public;
WHEREAS, the proposed Development Code amendments correct various typographical errors and provide clarification related to certain Code provisions, update Code provisions to conform to changes in State laws, and implement the Housing Action Plan in the City’s 6th Cycle (2021-2029) Housing Element, including Programs H-11, H12, and H-13; WHEREAS, pursuant to Government Code Sections 65090, a notice of at least 1/8 page display was published in the San Gabriel Valley Tribune newspaper on May 3, 2024, and a copy of the public notice was posted at the City’s designated community posting sites. Due to a lack of quorum, the regular Planning Commission meeting was adjourned pursuant to Government Code Sections 54955 and 54955.1, and all business items scheduled before the Planning Commission for May 14, 2024, were continued to May 28, 2024;
WHEREAS, on May 28, 2024, the Planning Commission held a duly noticed public hearing regarding proposed amendments to the Development Code, Planning Case No.

PL2022-59, and adopted Resolution No. 2024-06 recommending City Council approval of said Development Code Amendment;

6.1.a
Packet Pg. 486
Ordinance No. 03 (2024)
2 WHEREAS, on June 18, 2024, the City Council held a duly noticed public hearing regarding the proposed Development Code Amendment; and
WHEREAS, the City Council hereby finds that the proposed amendments are internally consistent with the General Plan and other adopted goals and policies of the City and adopts the facts and reasons stated in Planning Commission Resolution No. 2024-06, a copy of which is on file with the City Clerk and which is incorporated herein by reference with the same force and effect as if set forth in full.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR DOES HEREBY ORDAIN AS FOLLOWS:

Section 1. Paragraph (3) of Subsection (c) of Section 22.04.020 (Rules of Interpretation) of Title 22, Chapter 22.04 of the Diamond Bar City Code is hereby amended to make non-substantive changes as follows (deletions in strikethrough text and additions shown in double underline):
(3) Floor Area Ratio (FAR). When calculating the allowable floor area of a structure based on the FAR established by the applicable zoning district, the fractional/decimal results of calculations shall be rounded to the next highest whole number when the fraction/decimal is 0.5 or more, and to the next lowest whole number when the fraction is less than 0.5. For example, a maximum floor area ratio of 0.25 applied to a site of 25,856 25,853 square feet results in a maximum allowable floor area of 7,757 6,463 square feet (25,856 25,853 x .025 0.25 = 7,756.8, rounded up to 7,757 6,463.25, rounded down to 6,463). The maximum FAR itself (0.09, 0.25, etc.) is never rounded.

Section 2. Table 2-3 (Allowed Uses and Permit Requirements for Residential Zoning Districts) of Section 22.08.030 (Residential zoning district land uses and permit requirements) of Title 22, Chapter 22.08 of the Diamond Bar City Code is hereby amended (a) to reclassify “residential care facilities, general” from a conditionally permitted use to a permitted use in the RM (medium density residential), RMH (medium/high density residential), RH (high density residential), and RH-30 (high density residential – 30 dwelling units per acre) zoning districts; (b) to add “transitional housing” and “support housing” as expressly permitted uses in all residential zones; and (c) to delete “second units” from the list of land uses in the Table, as follows (deletions in strikethrough text and additions shown in double underline):

Permit Requirements by District
Land Use (1) RR RL RLM RM RMH RH RH30See
Standards
in Section:
. . .

RESIDENTIAL USES (4)
Residential care facilities,
general
CUP
P
CUP
P
CUP
P
CUP
P

6.1.a
Packet Pg. 487
Ordinance No. 03 (2024)
3 . . .

Second units P P 22.42.120
. . .

Transitional / supportive
housing
P P P P P P P 22.42.170
. . .

Section 3. Table 2-4 (Residential District General Development Standards) of Section 22.08.040 (Residential zoning district general development standards) of Title 22, Chapter 22.08 of the Diamond Bar City Code is hereby amended to add a reference to Section 22.68.030 for required side setbacks applicable to changes or expansions to residential dwelling units with nonconforming setbacks, as follows (deletions in strikethrough text and additions shown in double underline):

TABLE 2-4

RESIDENTIAL DISTRICT GENERAL DEVELOPMENT STANDARDS
Requirement by Zoning District
Development
Feature
RR RL RLM RM RMH RH RH-30
… … … … … … … …
Sides (each)
(4)
15 ft. on
one side,
and 10 ft.
on the
other; but
not less
than 25 ft.
between
structures
on
adjoining
parcels
10 ft. on one side, and 5
ft. on the other; but not
less than 15 ft. between
structures on adjoining
parcels
5 ft. 5 ft. 5 ft.; plus 1
ft. for each
story over
2 … … … … … … …
Height limit
(4)(5)
35 ft. 35 ft.
… … …
Notes:
(1) Minimum area for parcels proposed in new subdivisions, except as otherwise provided by section 22.08.050 (Minimum lot area), and chapter 22.22 (Hillside Management).

Condominium, townhome, or planned development projects may be subdivided with smaller parcel sizes for ownership purposes, with the minimum lot area requirement determined through the subdivision review process, provided that the overall development site complies with the lot area requirements of this chapter. (2) Maximum number of dwellings allowed for each specified unit of land. The approval of a conditional use permit within areas subject to section 22.22.040 (Hillside

6.1.a
Packet Pg. 488
Ordinance No. 03 (2024)
4 management—Density) may result in fewer dwelling units being allowed than the maximum density shown. See also chapter 22.18 (Affordable Housing Incentives/Density Bonus Provisions) for possible density bonuses. (3) Front setbacks listed are minimums. For single-family detached tract development, a minimum five-foot setback variation for adjacent residential units is required. (4) See section 22.68.030 (b)(2) for nonconforming side setbacks and distance separations to dwelling units.
(4) (5) Maximum allowable height for structures. See section 22.16.060 (Height measurement and height limit exceptions).

Section 4. Table 2-5 (Allowed Uses and Permit Requirements for Office Zoning Districts) of Section 22.10.030 (Commercial/industrial district land uses and permit requirements) of Title 22, Chapter 22.10 of the Diamond Bar City Code is hereby amended (a) to reclassify “Medical services-Clinics and laboratories” from a conditionally permitted use to a permitted use in the OP (office, professional) zoning district; (b) to delete “schools, public and private” and “studios, art, dance, music, photography, etc.” from the list of land uses in the Table; (c) to classify “public schools,” as a permitted use and “private schools,” “trade schools,” and “specialized education and training” as conditionally permitted uses in the OP (office, professional), OB (office, business park), and CO (commercial office) zoning districts; and (d) to delete footnote (6) pertaining to massage businesses and establishments, as follows (deletions in strikethrough text and additions shown in double underline):

Permit Requirement by District
LAND USE(1) OP OB(3) CO See Standards in Section:
. . . . . . . . . . . . . . .

RECREATION, EDUCATION
& PUBLIC ASSEMBLY USES
. . . . . . . . . . . . . . .

Schools, public and private P P P
Schools, private CUP CUP CUP
Schools, trade CUP CUP CUP
Studios, art, dance, music,
photography, etc. CUP
Specialized education and
training CUP CUP CUP
. . . . . . . . . . . . . . .

SERVICE USES

6.1.a
Packet Pg. 489
Ordinance No. 03 (2024)
5 Medical services-Clinics and
laboratories
CUP
P
P P
. . . . . . . . . . . . . . .
. . .

Notes:
. . .
(6) Massage businesses or establishments that are sole proprietorships, where the sole proprietor is certified by the California Massage Therapy Council (CAMTC), and massage businesses or establishments that employ or use only persons certified by the CAMTC are permitted uses that do not require approval of a conditional use permit.

Section 5. Table 2-6 (Allowed Uses and Permit Requirements for Commercial/Industrial Zoning Districts) of Section 22.10.030 (Commercial/industrial district land uses and permit requirements) of Title 22, Chapter 22.10 of the Diamond Bar City Code is hereby amended (a) to add “low-barrier navigation centers,” as a permitted use in the I (light industry) zoning district, subject to requirements set forth in Section

22.42.170; (b) to add “supportive housing” as described in Section 22.42.170(b), which is configured as a single-room occupancy housing development, as a permitted use in the I (light industry) zoning district, subject to specified standards and requirements; (c) to add other types of “transitional housing” and “supportive housing” configured as singleroom occupancy housing developments as conditionally permitted uses in the I (light industry) zoning district, subject to specified standards and requirements; (d) to delete “schools—specialized education and training and non-degree,” “studios—photograph, portrait, martial arts, dance, aerobics, etc.,” and “retail sales” from the list of land uses in the Table; (e) to classify “trade schools” as a conditionally permitted use in the C-1 (neighborhood commercial) and C-2 (community commercial) zoning districts; (f) to classify “specialized education and training” as a conditionally permitted use in the C-1 (neighborhood commercial), C-2 (community commercial), C-3 (regional commercial), and I (light industry) zoning districts, subject to specified requirements; (g) to classify “studios” that offer instruction as a conditionally permitted use and studios that do not offer instruction as a permitted use in the I (light industry) zoning district; and (h) to delete existing footnote (6) pertaining to massage businesses and establishments, as follows (deletions in strikethrough text and additions shown in double underline):

Permit Requirement by District
LAND USE (1) C-1 C-2 C-3 I See Standards in
Section:
. . . . . . . . . . . . . . . . . .

MISCELLANEOUS

6.1.a
Packet Pg. 490
Ordinance No. 03 (2024)
6 Emergency shelters P
Low-barrier navigation
centers
P 22.42.170
Single-room occupancy
housing
CUP 22.42.160
Transitional / supportive
housing
. . . . . . . . . P or CUP
(6)

22.42.170
. . . . . . . . . . . . . . . . . .

RECREATION,

EDUCATION & PUBLIC

ASSEMBLY USES
. . . . . . . . . . . . . . . . . .

Schools, trade CUP CUP
Schools—Specialized
education and training
and non-degree
CUP CUP See (5) CUP
Specialized education
and training CUP CUP See (5) CUP
Studios—Photograph,
portrait, martial arts,
dance, aerobics, etc.

CUP CUP CUP
Studios P or CUP
(7)
. . .
. . . . . . . . . . . . . . .
. . .

Notes:
. . .
(5) Educational classes/training programs as the primary use shall be limited to the second floor and above with approval of a CUP. Ancillary classes in conjunction with a permitted use shall require a CUP and be limited to 15 percent of a separately demised space occupied by a single tenant or 750 square feet, whichever is less. (6) Massage businesses or establishments that are sole proprietorships, where the sole proprietor is certified by the California Massage Therapy Council (CAMTC), and massage businesses or establishments that employ or use only persons certified by the CAMTC are permitted uses that do not require approval of a conditional use permit.

6.1.a
Packet Pg. 491
Ordinance No. 03 (2024)
7 (6) Transitional or supportive housing developments located in the Industrial zoning district shall be configured as, and are subject to the standards and restrictions that apply to, single-room occupancy housing. A supportive housing development as described in Section 22.42.170(b) is a permitted use in the Industrial zoning district subject to ministerial zoning clearance and/or plot plan review; other transitional or supportive housing developments located in the Industrial zoning district require conditional use permit approval and are subject to the same permitting requirements as a single-room occupancy housing development.
(7) A CUP shall be required for studios that offer instruction.

Section 6. Subsection (1) of Section 22.16.070 (Open space for commercial projects) of Title 22, Chapter 22.16 of the Diamond Bar City Code is hereby amended to correct a typographical error, as follows (deletions in strikethrough text and additions shown in double underline):
(1) Open space required. Multitenant commercial centers one acre in size and larger shall provide a minimum of 0.01 one (1) percent of the total land area of the center as useable pedestrianoriented open space, including plazas, patios, courtyards, and outdoor seating areas. The total land area of the center shall include all parcels that comprise the center including freestanding structures on separate parcels.

Section 7. Sub-subsections (c) and (d) of Subsection (3) (Allowed projections into setbacks) of Section 22.16.090 (Setback regulations and exceptions) of Title 22, Chapter 22.16 of the Diamond Bar City Code are hereby amended to re-letter the subsubsections and clarify permitted locations and projections into setbacks for porches, as follows (deletions in strikethrough text and additions shown in double underline):
c. Porches and stairways. The following standards shall apply to porches and stairways:
c. 1. Porches. Covered, unenclosed porches, located at the same level as the entrance floor of the structure, may extend up to six feet into the required front yard setback. d. 2. Stairways. Outside stairways and landings, that are not attached to a deck, are not enclosed and do not extend above a ground floor entrance, may extend into required yards as follows:
(a) Front yard setback: Up to six feet into a required front yard; (b) Side yard setback: Up to 30 inches into a required side yard, but no closer than three feet to a side property line;
(c) Rear yard setback: Up to six feet into a required rear yard.

6.1.a
Packet Pg. 492
Ordinance No. 03 (2024)
8 d. e. Setback requirements for specific structures:
. . .

Section 8. Section 22.16.130 (View protection) of Title 22, Chapter 22.16 of the Diamond Bar City Code is hereby amended to delete Figure 3-5.

Section 9. Chapter 22.18 of Title 22 of the Diamond Bar City Code is hereby repealed and replaced with new Chapter 22.18, entitled “Special Procedures Applicable to Housing Development Projects,” to read in its entirety as follows:

CHAPTER 22.18. - SPECIAL PROCEDURES APPLICABLE TO HOUSING DEVELOPMENT

PROJECTS
Sec. 22.18.010 – Affordable housing incentives/density bonus provisions. (a) Purpose. The purpose of this section is to implement the incentive programs provided in Government Code Sections 65915 through 65918 (referred to collectively in this Section as the “State Density Bonus Law”) in order to provide additional opportunities for the provision of affordable housing within the City of Diamond Bar.
(b) Applicability. This section applies to any “housing development,” as defined in the State Density Bonus Law, including, without limitation, a development project for five or more residential units, including a mixed-use development, or a senior citizen housing development consisting of at least 35 units. This section also applies to density bonuses for land donations in accordance with Government Code Section 65915. In exchange for density bonuses, incentives or concessions, waivers or reductions of development standards, and/or reduced parking ratios, a portion of the units shall be reserved for very low income households, lower income households, senior citizen households, moderate income households, transitional foster youth, disabled veterans, homeless persons, or lower income college students as provided in this section and the State Density Bonus Law. All such projects shall comply with all requirements stated in the State Density Bonus Law and shall be subject to the subdivision, plot plan review and/or development review requirements of this title, as applicable. This section shall be interpreted in a manner consistent with the State Density Bonus Law, as it may be amended from time to time, and the requirements of the State Density Bonus Law shall prevail over any conflicting provision of this Development Code.
(c) Definitions. As used in this section 22.18.010, the terms base density, concession, density bonus, development standard, disabled veterans, homeless persons, housing development, incentive, located within one-half mile of a major transit stop, lower income households, lower income student, maximum allowable residential density, moderate income households, persons

6.1.a
Packet Pg. 493
Ordinance No. 03 (2024)
9 and families of moderate income, qualified nonprofit housing corporation, replace, senior citizen housing development, shared housing building, shared housing unit, total dwelling units, total units, transitional foster youth, unit, unobstructed access to the major transit stop, very low income households, and very low income vehicle travel area shall have the meanings ascribed to them in the State Density Bonus Law, as it may be amended from time to time. (d) Determination of density bonus. Qualified projects that meet the eligibility requirements set forth in this section and/or the State Density Bonus Law shall be granted a density bonus or bonuses in an amount specified in the State Density Bonus Law, as it may be amended from time to time. Eligibility for and/or calculation of a density bonus shall be subject to the following:
(1) A density bonus is a density increase over the otherwise maximum allowable gross residential density for a site as of the date of application by the applicant to the city. For the purpose of calculating the density bonus, the maximum allowable residential density, or base density, shall be the greatest number of units allowed on the site under the Development Code, an applicable specific plan, or the land use element of the General Plan. Each component of any density calculations, including base density and bonus density, resulting in fractional units shall be separately rounded up to the next whole number.
(2) Except as otherwise required by the State Density Bonus Law, the density bonus units shall not be included when determining the number of required affordable units or senior citizen units.
(3) The developer can request a smaller density bonus than the project is entitled to, including no increase in density, but no reduction shall be permitted in the number of required affordable units.
(4) For purposes of calculating the amount of the density bonus, an applicant who requests a density bonus shall elect the category and corresponding provision of the State Density Bonus Law pursuant to which the density bonus will be awarded.

Unless otherwise specified in this Section or the State Density Bonus Law, each residential development is entitled to only one density bonus, and density bonuses from more than one category may not be combined.
(5) The granting of a density bonus and/or related concession(s) or incentive(s) shall not be interpreted, in and of itself, to require a general plan amendment, zone change, study, or other discretionary approval.
(6) Pursuant to California Government Code Section 65915.5, the conversion of apartments to a condominium project shall not be eligible for a density bonus or other incentives if the apartments proposed for conversion constitute a housing development for which a density bonus or other incentives were previously provided under Government Code Section 65915.
(e) Specific requirements.
(1) Senior citizen housing requirements.

6.1.a
Packet Pg. 494
Ordinance No. 03 (2024)
10 a. Senior citizen housing development projects shall have a minimum of 35 units and shall meet the requirements described in Section 51.3 of the California Civil Code or any successor statute or regulation. b. Mobile home parks shall limit residency based on age requirements for housing for older persons pursuant to Section 798.76 or 799.5 of the California Civil Code, or any successor statute or regulation. (2) Land donation requirements. An applicant for a tentative map, parcel map or any other residential development approval shall receive a density bonus for the residential development in an amount specified by Government Code Section 65915, as it may be amended from time to time, when the applicant donates land to the city as provided in this section. This density bonus shall be in addition to any other density bonus provided for in this section, up to a total combined density bonus of 35 percent. Applicants are eligible for the land donation density bonus if all of the following conditions are met:
a. The developer shall donate and transfer land to the city no later than the date of approval of the final map or other approvals required for the residential development.
b. The developable acreage and general plan and zoning designation of the land being transferred are sufficient to permit development of units affordable to very low income households in an amount not less than 10 percent of the number of residential units of the proposed development. c. The transferred land shall be at least one acre or of sufficient size to permit development of at least 40 residential units and shall have the appropriate general plan designations and be appropriately zoned with appropriate development standards for development at a density of at least 30 dwelling units per acre.
d. The transferred land shall be served by adequate public facilities and infrastructure.
e. The transferred land and the very low income units constructed shall be subject to a deed restriction recorded with the county recorder, to ensure continued affordability of the units consistent with this Section, and the property owner shall enter into an affordable housing agreement with the city pursuant to this Section. The deed restriction / affordable housing agreement shall be recorded on the property at the time of the transfer. f. The transferred land shall be conveyed in fee simple to the city or to a housing developer approved by the city.
g. The transferred land shall be within the boundary of the proposed residential development, or no more than approximately one-quarter mile from the boundary of the qualified project, if the city so approves. h. No later than the date of approval of the final map or other discretionary approval required for the residential development, the transferred land shall

6.1.a
Packet Pg. 495
Ordinance No. 03 (2024)
11 have all of the permits and approvals, other than building permits, necessary for the development of the very low income housing units on the transferred land, and a proposed source of funding for the very low income units shall have been identified.
(3) Child care facility requirements.
a. Subsect to subsection (e)(3)(c), below, the city shall grant either of the following to a qualifying housing development that includes a child care facility located on the premises of, or adjacent to, the project:
i. An additional density bonus that is an amount of square feet of residential space equivalent to the square footage of the childcare facility; or
ii. An additional concession or incentive that contributes significantly to the economic feasibility of the construction of the child care facility.
b. As a condition of receiving the additional density bonus or concession for a child care facility, the project shall comply with the following requirements:
i. The child care facility shall remain in operation for a period of time that is as long as, or longer, than the period of time during which the density bonus units are required to remain affordable. ii. Of the children who attend the child care facility, the percentage of children of very low income, lower income, or moderate income households shall be equal to, or greater than, the percentage of affordable units required to be set aside for each such group. c. Notwithstanding any requirement of this Section, the City shall not be required to provide a density bonus or concession for a child care facility if it finds, based upon substantial evidence, that the community already has adequate child care facilities.
(4) Replacement housing requirement. Pursuant to subdivision (c)(3) of Government Code Section 65915, an applicant will be ineligible for a density bonus or other incentives unless the applicant complies with the replacement housing requirements therein and the provisions of Section 22.18.020, including in the following circumstances:
a. The housing development is proposed on any parcel(s) on which rental dwelling units are subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of lower or very low income; or
b. The housing development is proposed on any parcel(s) on which rental dwelling units that were subject to a recorded covenant, ordinance, or law that restricted rents to levels affordable to persons and families of lower or very low income have been vacated or demolished in the five (5) year period preceding the application; or

6.1.a
Packet Pg. 496
Ordinance No. 03 (2024)
12 c. The housing development is proposed on any parcel(s) on which the dwelling units are occupied by lower or very low-income households; or d. The housing development is proposed on any parcel(s) on which the dwelling units that were occupied by lower or very low-income households have been vacated or demolished in the five (5) year period preceding the application.
(f) Regulatory Agreement. As a condition to the City’s granting of a density bonus, incentives or concessions, waivers or reductions in development standards, and/or reduced parking ratios pursuant to this Section, the property owner(s) shall enter into a regulatory agreement with the City pursuant to Section 22.18.030, which satisfies the criteria set forth in subdivision (c) of Government Code Section 65915.
(g) Concessions or incentives. In compliance with State Density Bonus Law, developers that request a density bonus to provide on-site affordable housing may also eligible to receive one or more concessions or incentives, based on the type and scope of the project. (1) The review authority shall grant applicants for qualified projects the number of incentives and concessions required by Government Code Section 65915. The review authority shall approve a specific requested concession or incentive for a proposed project unless the review authority makes a written finding, based on substantial evidence, of any of the following:
a. The concession or incentive does not result in identifiable and actual cost reductions in order to provide for affordable housing costs or for affordable rents for the targeted units to be set aside;
b. The concession or incentive would have a specific adverse impact, as defined in Section 65589.5(d)(2) of the California Government Code, upon public health and safety or on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low- and moderate-income households; or
c. The concession or incentive would be contrary to state or federal law. (2) Menu of concessions/incentives. Concessions or incentives that a developer may request include those of the type set forth in subsection (k) of Section 65915 of the California Government Code, including the following:
a. Relaxation or other modification of zoning standards regulating such items as setbacks, height limitations, distances between buildings, required parking, parking development standards, projections into yards, and the like, which result in identifiable, and actual cost reductions. No separate variance application will be required for any modification of standards.

However, the approved plans and application shall identify the zoning standards modifications which have been incorporated into the project.

6.1.a
Packet Pg. 497
Ordinance No. 03 (2024)
13 b. Modification of architectural regulations ordinarily applied to a residential development project, which result in identifiable and actual cost reductions. c. Approval of mixed-use zoning in conjunction with the housing project if commercial, office, industrial, or other land uses will reduce the cost of the housing development and if the commercial, office, industrial, or other land uses are compatible with the housing project and the existing or planned development in the area where the proposed housing project will be located.
d. Other regulatory incentives or concessions proposed by the developer or the City, which result in identifiable, and actual project cost reductions. (3) Parking incentives.
a. Notwithstanding any other provision of this title, except as otherwise required pursuant to the State Density Bonus Law or other applicable law, if requested by the developer, the minimum number of off-street parking spaces, inclusive of accessible and guest parking spaces, required to be provided for all units within a qualifying density bonus housing development shall be as follows:

Number of Bedrooms Required Parking Spaces per Unit*
0 to 1 bedroom 1
2 to 3 bedrooms 1.5
4 or more bedrooms 2.5
*If the total number of spaces required for a development results in a fractional number, it shall be rounded up to the next whole number.
** Developments meeting the requirements of subdivisions (p)(2) or (p)(3) of Government Code Section 65915 may
provide fewer parking spaces per unit as specified in the State Density Bonus Law.
(h) Physical Constraints. In accordance with Government Code Section 65915(e), in addition to any concessions or incentives requested, an applicant for a density bonus pursuant to this section may submit a proposal for the waiver or reduction of development standards that have the effect of physically precluding the construction of a housing development incorporating the density bonus and any incentives or concessions to which the applicant is entitled. The review authority shall approve a requested waiver or reduction of a development standard, unless it makes any of the following findings:
(1) The application of the development standard does not have the effect of physically precluding the construction of a housing development at the density allowed by the density bonus and with the incentives or concessions granted to the applicant. (2) The waiver or reduction of the development standard would have a specific, adverse impact, as defined in paragraph (2) of subdivision (d) of Government Code

6.1.a
Packet Pg. 498
Ordinance No. 03 (2024)
14 Section 65589.5, upon health or safety, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact. (3) The waiver or reduction of the development standard would have an adverse impact on any real property that is listed in the California Register of Historical Resources.
(4) The waiver or reduction of the development standard would be contrary to state or federal law.
(i) Project review procedures. All project applications for which a density bonus, concessions or incentives, modifications or waivers of development standards, and/or reduced parking ratios is/are being requested shall be reviewed in accordance with section 22.18.040 and shall be subject to the following project review procedures:
(1) In addition to any other application required for a proposed housing development project, applications for any requested density bonus, incentives or concessions, waivers or reductions of development standards, and/or reduced parking ratios pursuant to this section shall be filed with the department pursuant to section

22.44.030. The application shall be filed concurrently with the application or applications for other required land use permits and approvals for the proposed project and shall be processed in the same manner as, and concurrently with, the application or applications for other required project approvals. In addition to any other information requested by the director, the application shall identify the category and corresponding provision(s) of the State Density Bonus Law pursuant to which a density bonus is requested; the base density of the proposed project; the number of density bonus units requested, along with supporting calculations; any concessions/incentives requested, any development standards requested to be waived/modified, and any reduced parking ratios requested pursuant to subsection (g)(3). The application shall be accompanied by reasonable documentation satisfactory to the director to establish eligibility for all requested density bonuses and parking ratios. Upon approval of a housing development project pursuant to this section, the planning division shall note in the project record that a density bonus has been granted, and the approved plans and application shall identify all concessions and incentives and/or waivers and modifications granted and any special conditions imposed on the project to ensure unit affordability.

Sec. 22.18.020 – Dwelling unit protection regulations.
(a) Purpose and Applicability. The purpose of this Section is to implement the provisions of the Housing Crisis Act of 2019, which require development project proponents to replace demolished residential dwelling units and protected rental units and to provide relocation assistance and other benefits to existing occupants of demolished protected rental units. This Section applies to all development projects subject to Article 2 of Chapter 12 of Division 1 of Title 7 of the Government Code.
(b) Definitions. If defined in therein, terms used in this Section shall have the same meaning as defined in Government Code Sections 66300.5-66300.6. Unless otherwise defined in

6.1.a
Packet Pg. 499
Ordinance No. 03 (2024)
15 Government Code Sections 66300.5-66300.6, as used in this section, the following terms shall have the following meanings:

1. “Affordable housing cost” has the same meaning as defined in Health and Safety Code Section 50052.5.

2. “Affordable rent” has the same meaning as defined in Health and Safety Code Section 50053.

3. “Comparable unit” shall have the same meaning as the term “comparable replacement dwelling” as defined in Government Code Section 7260; provided, however, that with respect to an occupied protected unit that is a single-family home that will be demolished in conjunction with a proposed development project that consists of two or more dwelling units, a “comparable unit” need not contain more than three (3) bedrooms or have the same or similar square footage or the same number of total rooms.

4. “Development project” means the development of land requiring City approval. A development project includes, but is not limited to, a housing development project.

5. “Equivalent size” means that the replacement protected units contain at least the same total number of bedrooms as the units being replaced.

6. “Extremely low income households” has the same meaning as defined in Health and Safety Code Section 50106.

7. “Housing Crisis Act” means and refers the provisions set forth in Chapter 12 of Division 1 of Title 7 of the Government Code, commencing with Section 66300, as such provisions may be amended from time to time.

8. “Housing development project” has the same meaning as defined in Government Code Section 65905.5.

9. “Lower income households” has the same meaning as defined in Health and Safety Code Section 50079.5. Lower income households includes very low income households and extremely low income households.

10. “Protected unit” shall have the same meaning as defined in the Housing Crisis Act and includes, but is not limited to, existing or previously demolished residential dwelling units that are or were either rented by lower or very low income households or subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of lower or very low income within the five (5) year period preceding the application submittal date.

11. “Relocation Assistance Law” shall mean Chapter 16 (commencing with Section 7260) of Division 7 of Title 1 of the Government Code and its related implementing regulations.

12. “Replace” has the same meaning as provided in subparagraphs (B) and (C) of paragraph (3) of subdivision (c) of Government Code Section 65915; provided, however, that for purposes of a development project that that consists of a single residential unit on a site with a single protected unit, “replace” shall mean that the protected unit is replaced with a unit of any size at any income level.

6.1.a
Packet Pg. 500
Ordinance No. 03 (2024)
16 13. “Replacement protected units” means and refers to affordable residential units proposed to be developed to replace one or more protected units.

14. “Very low income households” has the same meaning as defined in Health and Safety Code Section 50105. Very low income households includes extremely low income households.
(c) One-to-One Replacement of Demolished Dwelling Units. If, and to the extent, required by the Housing Crisis Act, the final review authority shall not approve a housing development project that will require the demolition of one or more residential dwelling units unless the proposed project will create at least as many residential dwelling units as will be demolished in conjunction with the project.
(d) Replacement of Protected Units. If, and to the extent, required by the Housing Crisis Act, the final review authority shall not approve a development project that will require the demolition of one or more occupied or vacant protected units, or that is located on a site where one or more protected units were demolished in the previous five (5) years, unless all applicable requirements, including, but not limited to, the following, are complied with:

1. Number of Total Units Required. If the project is a housing development project, the project shall include at least as many total dwelling units as the greatest number of permitted dwelling units that existed on the project site within the five-year period preceding the application submittal date.

2. Number of Replacement Protected Units Required. Unless otherwise provided in the Housing Crisis Act, the development project shall replace all existing occupied or vacant protected units that will be demolished as part of the proposed project and all protected units that were previously located on the project site and demolished on or after January 1, 2020. Any replacement protected units provided will be considered in determining whether a housing development project satisfies the requirements of Government Code Section 65915 and Section 22.18.010.
a. Projects Involving Demolition of Occupied Protected Units. If any existing protected units to be demolished are occupied on the date of application submittal, the project shall provide at least the same number of replacement dwelling units of equivalent size to be made available at an affordable rent or affordable housing cost to, and occupied by, persons and families in the same or lower income category as those households in occupancy of the protected units. If a project site containing occupied protected units to be demolished also contains vacant protected units that will be demolished as part of the project, or previously contained protected units that were demolished within the five-year period preceding the application submittal date, the project shall also provide at least the same number of replacement protected units of equivalent size as such protected units, to be made available at an affordable rent or affordable housing cost to, and occupied by, persons and families in the same or lower income category as the last household in occupancy. If the income of the existing or last household in occupancy of any protected units is not known, it shall be rebuttably presumed that lower income renter households occupied such protected units in the same proportion of lower income renter households to all renter households within the City of Diamond Bar, as determined by the most recently available data from the

6.1.a
Packet Pg. 501
Ordinance No. 03 (2024)
17 United States Department of Housing and Urban Development’s Comprehensive Housing Affordability Strategy database. All replacement protected unit calculations resulting in factional units shall be rounded up to the next whole number.
b. Projects Only Involving Vacated or Demolished Protected Units. If all protected units on the project site are vacant or have been demolished within the five-year period preceding the application submittal date, the project shall provide at least the same number of replacement protected units of equivalent size as the number of protected units as existed at the highpoint of those units in the five-year period preceding the application submittal date, to be made available at an affordable rent or affordable housing cost to, and occupied by, persons and families in the same or lower income category as those persons and families in occupancy of the protected units at that time, if known. If the incomes of the persons and families in occupancy the protected units at the highpoint is not known, it shall be rebuttably presumed that low-income and very low income renter households occupied these protected units in the same proportion of low-income and very low income renter households to all renter households within the City of Diamond Bar, as determined by the most recently available data from the United States Department of Housing and Urban Development’s Comprehensive Housing Affordability Strategy database. All replacement protected unit calculations resulting in factional units shall be rounded up to the next whole number. c. Replacement Protected Unit Size. A replacement protected unit must include at least the same number of bedrooms as the protected unit being replaced; provided, however, that if, and to the extent permitted pursuant to the Housing Crisis Act, a protected unit may be replaced with two or more replacement protected units of the same or a lower income category as the protected unit, provided the cumulative number of bedrooms in the replacement protected units equals or exceeds the number of bedrooms in the protected unit being replaced. . d. Single-Family Projects Involving a Single Protected Unit. Notwithstanding any other provisions of this subsection (d)(2), if a development project consists of the development of a single residential unit on a site with a single protected unit, that protected unit may be replaced with a unit of any size at any income level.

3. Location of Replacement Protected Units. If the project is a housing development project, replacement protected units shall be constructed on the same site as the demolished protected units being replaced and integrated into the development project, if feasible. Subject to approval of the final review authority, and to the extent permitted by the Housing Crisis Act, an applicant may develop, or contract with another entity to develop, a replacement protected unit on a different parcel in the City zoned for residential use, provided that (i) an application for development of the replacement protected units on different parcels is made concurrently with an application for all other components of the proposed development project, (ii) the other parcel is zoned for residential use and all objective general plan, zoning, and other standards and requirements are met, and (iii) the applicant demonstrates that no residential tenants on the other parcel have been or will be displaced as a result of development of the replacement protected unit.

6.1.a
Packet Pg. 502
Ordinance No. 03 (2024)
18 4. Timing of Construction of Replacement Units. All replacement units shall be constructed concurrently with or prior to other components of the proposed development project.

5. Affordability Restrictions. All replacement protected units that will be rented shall be subject to a recorded affordability restriction for at least 55 years. Replacement protected units that will be offered for sale shall be subject to paragraph (2) of subdivision (c) of Government Code Section 65915.

6. Regulatory Agreement Required. The record owner(s) of the property shall enter into a regulatory agreement with City pursuant to section 22.18.030. (e) Benefits to be Provided to Occupants of Protected Units. The final review authority shall not approve a development project subject to the Housing Crisis Act that will require the demolition of one or more occupied protected units, unless the applicant and record owner(s) of the subject site agree to comply the requirements set forth in this subsection (e) and to provide any other benefits to existing occupants of protected units required pursuant to the Housing Crisis Act.

1. Right to Remain in Occupancy Pending Demolition. Any existing occupants of a protected unit to be demolished, regardless of their household income level, shall be allowed to occupy the unit until six (6) months before the start of construction activities on the site. The project proponent and/or record owner of the occupied protected unit shall provide the existing occupants with written notice of the planned demolition, the date the occupants must vacate the unit, and their rights under the Housing Crisis Act. Said notice shall be provided at least six (6) months in advance of the date that the existing occupants must vacate the unit, and a copy shall be concurrently delivered to the director.

2. Right to Return if Demolition Does Not Proceed. Any existing occupants of a protected unit to be demolished, regardless of their income level, that are required to leave the unit shall be allowed to return at their prior rental rate if the demolition does not proceed and the unit is returned to the rental market. This right shall be memorialized in a written agreement, covenant, or other document that is enforceable by the occupant(s) of the protected unit, the form of which shall be subject to review and approval by the director.

3. Right of First Refusal for a Comparable Unit in New Housing Development Project.

Except as otherwise expressly provided in this subsection (e)(3), the record owner(s) of a protected unit that will be demolished shall agree to provide existing occupants of the protected unit that are lower income households with a right of first refusal to rent or purchase a comparable unit available in the new housing development project, or in any required replacement units associated with a new development that is not a housing development project, affordable to the household at an affordable rent or affordable housing cost. The right of first refusal shall be memorialized in a written agreement, covenant, or other document that is enforceable by the occupant(s) of the protected unit, the form of which shall be subject to review and approval by the director. Notwithstanding the foregoing, this subsection (g)(3) shall not apply to either (i) a development project that consists of a single residential unit located on a site where a single protected unit is being demolished; (ii) units in a housing development in which 100 percent of the units, exclusive of a manager’s unit or units, are reserved for lower income households, unless the occupant of the protected unit qualifies for residence in the new development and providing a comparable unit to the occupant would not be precluded due to unit size

6.1.a
Packet Pg. 503
Ordinance No. 03 (2024)
19 limitations or other requirements of one or more funding source of the housing development; or (iii) a development project that is an industrial use and to which the requirement to provide replacement units does not apply.

4. Relocation Benefits.
a. The applicant and/or the record owner(s) of a protected unit that will be demolished as part of a development project shall provide existing occupants of the protected unit to be demolished that are lower income households with relocation benefits that are equivalent to the relocation benefits required to be paid by public entities pursuant to the Relocation Assistance Law. By way of example, said relocation benefits may include, without limitation, advisory assistance in finding comparable new housing, payment of moving expenses, and rental assistance payments.
b. The applicant shall engage a qualified third-party contractor or consultant (a “relocation consultant”) approved by the director to determine the eligibility of occupants for benefits, prepare a relocation plan, and oversee the provision of the required relocation benefits.
c. The applicant’s relocation consultant shall prepare a written relocation plan consistent with the provisions of the Relocation Assistance Law, which plan shall be subject to review and approval by the director. The relocation plan shall include, without limitation, provisions addressing the following:
i. determination of eligibility requirements;
ii. identification of eligible occupants;
iii. occupant interviews and needs assessments;
iv. an evaluation of the availability of comparable replacement housing within the relevant geographic area;
v. identification of specific replacement housing options; vi. the provision for relocation advisory services to affected occupants; vii. a description of the relocation benefits available to eligible occupants;
viii. a process for the provision of benefits and the submission of benefit claims by eligible occupants;
ix. a process for occupants to appeal benefit determinations; and x. procedures for providing the benefits required pursuant to this subsection (e), including copies of the required notices, agreements, and other forms needed to implement the provision of said benefits. d. Prior to the issuance of a grading or building permit for the development project, the relocation consultant shall provide a letter to the director certifying that

6.1.a
Packet Pg. 504
Ordinance No. 03 (2024)
20 the relocation process has been completed and that all required relocation benefits have been provided.
(f) Fees. The City may impose a fee or fees to recover the City’s other reasonable costs to implement the dwelling unit protection provisions of the Housing Crisis Act and this Section. Any such fees shall be adopted by resolution of the City Council. (g) Reimbursement of City’s Professional Fees and Costs. To the extent not factored into the fee or fees established pursuant to subsection (f), in addition to such fees, if benefits are required to be provided to existing occupants of protected units pursuant to subsection (e), the applicant shall reimburse the City for the actual fees and costs charged for the services of attorneys and/or other professional third-party consultants engaged by the City to provide consultation, advice, analysis, and/or review or preparation of documents in connection with the review of a relocation plan, notices, or other required forms and documents and the monitoring and/or enforcement of compliance with requirements for provision of benefits. Concurrent with or prior to the applicant’s submittal of any notice, agreement, plan, or other document requiring approval of the director pursuant to subsection (e), the applicant shall execute a reimbursement agreement with the City in a form approved by the City Manager and provide a deposit to the City in an amount sufficient to cover the estimated total professional fees and costs to be incurred by the City, as determined by the director in his or her reasonable discretion. The City Manager or his or her designee is authorized to execute said reimbursement agreement on behalf of the City.

Sec. 22.18.030 – Affordable housing regulatory agreements. (a) Purpose. The purpose of this Section is to establish minimum requirements and procedures for the preparation, execution, and recording of regulatory agreements establishing covenants to ensure the initial and continued affordability of income-restricted residential dwelling units required to be provided in conjunction with the approval of a development project pursuant a provision of this Code or State law.
(b) Definitions. As used in this section, the following terms shall have the following meanings:

1. “Affordable Units” means residential dwelling units required to be made affordable to, and occupied by, households with incomes that do not exceed the limits specified in applicable law for middle income, moderate-income, lower income, very low income, or extremely low income households, as applicable, at an affordable rent or affordable housing cost, pursuant to State law or any provision of this Code.

2. “Owner” means the record owner or owners of the parcel or parcels on which affordable units will be located.

3. “Regulatory Agreement” means an agreement or agreements entered into between the City and an owner pursuant to this Section. (c) Requirement for Regulatory Agreement. Whenever an applicant for a development project offers to or is required as a condition of development pursuant to State law or any provision of this Code to construct a specified number or percentage of affordable units, the owner shall enter into a regulatory agreement with the City meeting the requirements of this section in the form approved by the City Manager.

6.1.a
Packet Pg. 505
Ordinance No. 03 (2024)
21 (d) Required Provisions of Regulatory Agreements. Unless otherwise provided by law or authorized by the City Manager, each regulatory agreement shall include provisions addressing or requiring the following:

1. Identification of Affordable Units. The number, affordability level, unit size and bedroom count mix, and location of the affordable units shall be set forth in the regulatory agreement. Unless otherwise mutually agreed by the applicant and City, affordable units shall be dispersed throughout the project. Projects that include mixed income multifamily structures shall comply with the requirements set forth in Health and Safety Code Section 17929.

2. Timing of Construction. The regulatory agreement shall require that the affordable units be constructed concurrently with or prior to other components of the development project.

3. Affordability Period for Affordable Units. The regulatory agreement shall require that the affordable units remain affordable to, and be occupied by, persons and families of the required income level at an affordable rent or affordable housing cost, as applicable, for the minimum period of time required by law, or a longer period of time if required by a construction or mortgage financing assistance program, mortgage insurance program, or subsidy program associated with the development project. Where a minimum affordability period is not otherwise specified by statute or ordinance, the required affordability period for affordable units that will be rented shall be a minimum of fifty-five (55) years and the required affordability for affordable units that will be offered for sale shall be a minimum of forty-five (45) years. Determinations of affordable rents, affordable housing costs, and household income levels shall be made in accordance with the regulations published from time to time by the California Department of Housing and Community Development pursuant to Health and Safety Code Section 50093.

4. Annual Tenant Income Verification, Compliance Reporting, and Certification. For projects containing affordable units that will be rented, the regulatory agreement shall include uniform provisions requiring the owner to verify and certify, prior to the initial occupancy, and annually thereafter, that each tenant household occupying each affordable unit meets the applicable income and eligibility requirements established for the affordable unit, and to annually prepare a compliance report and certify that the affordable units are in compliance with the regulatory agreement.

5. For-Sale Affordable Units. For projects containing affordable units that will be offered for sale, the regulatory agreement shall include uniform provisions requiring the owner to either (i) ensure that each affordable unit is offered at an affordable housing cost and is initially sold to and occupied by a household that meets the applicable income and eligibility requirements established for the affordable unit, or (ii) sell the affordable unit(s) to a qualified nonprofit housing corporation pursuant to applicable legal requirements and terms acceptable to the City. If the affordable units are developed pursuant to section

22.18.010 or section 22.18.020, the regulatory agreement shall contain provisions satisfying the criteria set forth in paragraph (2) of subdivision (c) of Government Code Section 65915. The regulatory agreement shall also require the initial purchaser and, if applicable, each subsequent purchaser, of an affordable unit, to execute and/or record one or more agreements and/or restrictive covenants benefiting and enforceable by the

6.1.a
Packet Pg. 506
Ordinance No. 03 (2024)
22 City, which address, among other things, the purchaser’s obligations pertaining to certification of income, financing or refinancing of the unit, occupancy of the unit, property maintenance, insurance, periodic certification of compliance with applicable agreement terms, and re-sale of the unit. Such agreements or restrictive covenants may include, without limitation promissory notes, deeds of trust, reimbursement agreements, option agreements, equity sharing agreements, and/or other covenants and regulatory documents necessary to ensure continued compliance with pertinent provisions of applicable law, conditions of approval, and the regulatory agreement for the required affordability period.

6. Maintenance Standards. The regulatory agreement shall contain uniform provisions governing the owner’s maintenance obligations and the City’s rights in the event the owner fails to adhere to its maintenance obligations.

7. Annual Compliance Report. Each regulatory agreement shall contain provisions requiring the owner to submit an annual compliance report containing specified information to the City in a form reasonably satisfactory to director and to annually certify that the affordable units are in compliance with the requirements of the regulatory agreement.

8. Recordkeeping Requirements. The regulatory agreement shall contain uniform provisions requiring the owner to maintain affordable unit sales documents, tenant leases, income certifications, and other books, documents, and records related to the sale or rental of the affordable units and operation of the project for a period of not less than five (5) years after creation of each such record; to allow the City to inspect any such books, documents, or records and to conduct an independent audit or inspection of such records at a location that is reasonably acceptable to the City Manager upon prior written notice; and to permit the City and its authorized agents and representatives to access the property and examine the housing units and to interview owners, occupants, tenants and employees for the purpose of verifying compliance with the regulatory agreement.

9. Marketing and Sale of Affordable Units. For housing development projects containing affordable units that will be offered for sale, the regulatory agreement shall contain uniform provisions addressing (i) how eligible buyers of the affordable units will be solicited, identified, and selected; (ii) procedures for establishing the affordable sales prices of the affordable units; (iii) procedures for verifying the income and eligibility of prospective buyers of the affordable units; and (iv) a description of the responsibilities of an owner or buyer upon resale of an affordable unit.

10. Marketing and Management Plan for Rental Affordable Units. For multi-family housing development projects containing affordable units that will be rented, the regulatory agreement shall contain uniform provisions regarding property management and management responsibilities and shall require the owner to prepare and obtain the City’s approval of a marketing and management plan for the project prior to the issuance of a certificate of occupancy for any portion of the project. The marketing and management plan shall address in detail, without limitation, the following matters: (i) how the owner plans to market the affordable units to prospective tenant households; (ii) procedures for the selection of tenants of affordable units, including a description of how the owner plans to certify the eligibility of tenant households; (iii) procedures for annually verifying income

6.1.a
Packet Pg. 507
Ordinance No. 03 (2024)
23 and recertifying the eligibility of tenants of affordable units; (iv) the standard form(s) of rental agreement(s) the owner proposes to enter into with tenants of affordable units; (v) procedures for the collection of rent; (vi) procedures for eviction of tenants; (vii) procedures for ensuring that the required number and unit size mix of affordable units is maintained and that affordable units do not become congregated to a certain area of the building or project; (viii) procedures for complying with the owner’s monitoring and recordkeeping obligations; (ix) the owner’s property management duties; (x) the owner’s plan to manage and maintain the project and the affordable units; (xi) the rules and regulations of the property and manner of enforcement; and (xii) and a program addressing security and crime prevention at the project.

11. Provisions regarding Section 8 Certificates. For projects containing affordable units that will be rented, the regulatory agreement shall include uniform provisions regarding the acceptance of federal certificates for rent subsidies pursuant to the existing program under Section 8 of the United States Housing Act of 1937, or its successor (i.e., “Section 8 certificates”), which shall include the following requirements and limitations:
a. The owner shall accept as tenants persons who are recipients Section 8 certificates on the same basis as all other prospective tenants; provided, the owner shall not rent one of the affordable units to a tenant household holding a Section 8 certificate unless none of the housing units not restricted to occupancy by the affordability covenants are available. If the only available housing unit is an affordable unit, the owner shall no longer designate the housing unit rented to a tenant household holding a Section 8 certificate as an affordable unit, shall designate the next-available housing unit as an affordable unit, and shall make available, restrict occupancy to, and rent such newly designated affordable unit to a qualified tenant at the applicable affordable rent pursuant to the affordability covenants, such that at all times reasonably possible all of the required affordable units shall not be occupied by tenants holding Section 8 certificates. b. Furthermore, in the event the owner rents an affordable unit to a household holding a federal certificate, the rental agreement (or lease agreement, as applicable) between the owner, as landlord, and the tenant shall expressly provide that monthly rent charged shall be the affordable rent required for the affordable unit (not fair market rent) and that the rent collected directly from such tenant holding a federal certificate shall be not more than the specified percentage of the tenant’s actual gross income pursuant to the applicable federal certificate program regulations; i.e., the rent charged to such tenant under the rental agreement shall be the affordable rent chargeable under the affordability covenant and not fair market rent for the area, as would otherwise be permitted under the applicable federal certificate program.
c. The owner shall not apply selection criteria to Section 8 certificate holders which are more burdensome than criteria applied to any other prospective tenants. d. If and to the extent these restrictions conflict with the provisions of Section 8 of the United States Housing Act of 1937 or any rules or regulations promulgated thereunder, the provisions of Section 8 of the United States Housing Act of 1937 and all implementing rules and regulations thereto shall control.

6.1.a
Packet Pg. 508
Ordinance No. 03 (2024)
24 12. Annual Monitoring Fee. Each regulatory agreement shall contain a provision requiring the owner to reimburse City for the estimated reasonable costs incurred by the City in administering and monitoring the owner’s compliance with the regulatory agreement, including, but not limited to, City’s review of annual compliance reports and conduct of inspections and/or audits.
(e) Recordation. Each regulatory agreement entered into pursuant to this section shall be recorded as a covenant against the property prior to final or parcel map approval, or, where the development project does not include a subdivision map, prior to issuance of a building permit for any structure in the development project. Except as otherwise authorized by the City Manager, the regulatory agreement shall remain a senior, non-subordinate covenant and as an encumbrance running with the land for the full term thereof, and in no event shall the regulatory agreement be made junior or subordinate to any deed of trust or other documents providing financing for the construction or operation of the project, or any other lien or encumbrance whatsoever for the entire term of the required covenants. (f) Delegation of Authority. The City Manager is authorized to approve and execute each regulatory agreement and any amendments thereto on behalf of the City. The City shall maintain authority of each regulatory agreement and the authority to implement each regulatory agreement through the City Manager. The City Manager shall have the authority to make approvals, issue interpretations, waive provisions, make and execute further agreements and/or enter into amendments of each regulatory agreement on behalf of City. (g) Fees. The City may charge a fee or fees to recover the City’s reasonable costs to implement the provisions of this Section. Any such fees shall be adopted by resolution of the City Council.
(h) Reimbursement of Professional Fees and Costs. To the extent not factored into the fee or fees established pursuant to subsection (g), in addition to such fees, the development proponent and/or owner shall reimburse the City for the actual fees and costs charged for the services of attorneys and/or other professional third-party consultants engaged by the City to provide consultation, advice, analysis, and/or review or preparation of documents in connection with (i) preparation of the regulatory agreement and ancillary documents; (ii) establishing the affordable sales price and verifying the incomes and eligibility of prospective buyers of for-sale affordable units; (iii) review of the initial marketing and management plan and any amendments thereto; (iv) review of annual compliance reports submitted by an owner pursuant to a regulatory agreement; and (v) inspections and audits.
(i) Preparation of Regulatory Agreement; Reimbursement Agreement. Unless otherwise approved by the City Manager, each regulatory agreement shall be prepared by the City at the cost of the applicant and/or owner. Prior to the City commencing preparation of a regulatory agreement, the applicant and/or owner shall execute a reimbursement agreement with the City in a form approved by the City Manager and provide a deposit to the City in an amount sufficient to cover the estimated total professional fees and costs to be incurred by the City for preparation of the regulatory agreement, as determined by the director in his or her reasonable discretion. The City Manager or his or her designee is authorized to execute said reimbursement agreement on behalf of the City.

6.1.a
Packet Pg. 509
Ordinance No. 03 (2024)
25 Sec. 22.18.040 Review of housing development projects. (a) Purpose. The purpose of this Section is to implement specified provisions of State law pertaining to review by the City of applications for permits and/or land use entitlements for housing development projects. In the event of any conflict between the provisions of this Section and any provision of State law, the provision of State law shall govern. (b) Definitions. As used in this section, the following terms shall have the following meanings:

1. “Housing Accountability Act” means and refers to the provisions of Government Code Section 65589.5.

2. “Housing development project” shall have the same meaning as defined in the Housing Accountability Act and includes (a) developments consisting of two or more residential units, (b) mixed-use developments consisting of residential and nonresidential uses with at least two-thirds of the square footage designated for residential use, and (c) transitional housing or supportive housing.

3. “Housing element parcel” means and refers to any parcel of land identified in the City’s general plan housing element site inventory described in subdivision (a)(3) of Government Code Section 65583, or in a housing element program to make sites available pursuant to subdivision (c)(1) of Government Code Section 65583, for residential development to meet the City’s share of regional housing need allocated pursuant to Government Code Section 65584.

4. “Housing for very low, low, or moderate income households” shall have the same meaning as defined in the Housing Accountability Act.

5. “Specific, adverse impact” shall have the same meaning as defined in the Housing Accountability Act. Generally, a “specific adverse impact” is a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application for a housing development project is deemed complete.
(c) Compliance with State law.

1. Generally. Notwithstanding any provisions of this Development Code, all proposed housing development projects shall be reviewed in accordance with requirements and limitations imposed by State law, including, but not limited to, Government Code Sections 65589.5, 65915-65918, 65583, 65584, 65863, 65905.5, 65912.100-65912.105, 65852.24, 65852.28, 65913-65913.16, 65914.7, 65940-65945.3,65650-65656, 65660-65688, 66300-66301, and 66499.41. Except to the extent otherwise provided by State law, such review shall ensure that proposed housing development projects comply with State law and all applicable, objective standards, provisions, conditions and requirements of the general plan, any applicable specific plan, this Development Code, and other applicable ordinances and policies of the City.

2. Findings required for disapproval of housing development projects. As provided in the Housing Accountability Act, when a proposed housing development project complies with applicable, objective general plan, zoning, and subdivision standards and criteria, including design review standards, in effect at the time that the application was

6.1.a
Packet Pg. 510
Ordinance No. 03 (2024)
26 deemed complete, the final review authority shall not disapprove the project or impose a condition that the project be developed at a lower density unless the review authority makes written findings, based on a preponderance of the evidence on the record, that (a) the project would have a specific, adverse impact on public health and safety unless the project is disapproved or approved upon the condition that the project be developed at a lower density, and (b) there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact, other than the disapproval of the housing development project or the approval of the project upon the condition that it be developed at a lower density.

3. Additional findings required for disapproval of housing development projects for very low, low, or moderate income households. As provided in the Housing Accountability Act, the final review authority shall not disapprove a housing development project for very low, low, or moderate income households or condition approval in a manner that renders the housing development project infeasible for development for the use of very low, low, or moderate income households, including through the use of design review standards, unless it makes written findings, based upon a preponderance of the evidence in the record, as required by subdivision (d) of the Housing Accountability Act. (d) Consistency review of housing development projects. The director is authorized to review and determine whether an application for a housing development project is consistent and complies with applicable, objective general plan, zoning, and subdivision standards and criteria within the time period(s) prescribed by law, including, but not limited to, those set forth in subdivision (j) of the Housing Accountability Act.
(e) Housing development projects subject to discretionary review. The provisions of this subsection shall apply to the consideration of applications for development review, conditional use permits, or other quasi-judicial approvals required for the construction or operation of a housing development project that is not subject to ministerial review by the director. In the event of a conflict between the provisions of this subsection and any other provision of this Development Code, the provisions of this subsection shall apply.

1. Hearings. Government Code Section 95905.5 limits the number of hearings the City may conduct in connection with consideration of an application for a housing development project. Therefore, for so long as Government Code Section 95905.5 so provides and remains in effect, no more than five hearings or continued hearings shall be conducted in connection with consideration of an application for a housing development project, unless otherwise agreed to by the applicant or the applicant’s designated representative. A meeting at which a hearing is continued to another date without public testimony or substantial discussion of the project occurring shall not count as one of the five allowed hearings. The final review authority shall consider and either approve, conditionally approve, or disapprove the application at one of the five hearings allowed pursuant to Government Code section 95905.5; provided, however, that, unless otherwise provided by law, the application shall not automatically be deemed approved if the final review authority does not act on the application at one of the five allowed hearings.

2. Required findings. Except as otherwise permitted or required by State law, the final review authority shall approve or conditionally approve an application for development review, a conditional use permit, or other quasi-judicial approval for a housing development project unless it makes written findings for disapproval in

6.1.a
Packet Pg. 511
Ordinance No. 03 (2024)
27 accordance with the Housing Accountability Act. If applicable, the final review authority shall also make no net loss findings pursuant to Section 22.18.050. The findings set forth in Sections 22.48.040 and 22.58.040 are not required to be made as a prerequisite to approval or conditional approval of a site development permit or conditional use permit for a housing development project.

3. Conditions of approval. The final review authority may impose reasonable conditions of approval that are necessary to ensure that a proposed housing development project complies with all local, state and federal laws, and that impacts resulting from the development are adequately mitigated, subject to the limitations set forth in the Housing Accountability Act.

4. Environmental review. Except as otherwise provided by law, a discretionary permit or approval for a housing development project shall not be approved until all applicable provisions of the California Environmental Quality Act have been complied with. (f) Ministerial review. The provisions of this subsection shall apply in the event that State law or any provision of this Code requires a housing development project to be reviewed ministerially and/or designates a housing development project a “use by right” as defined in Government Code Section 65583.2. Housing development projects subject to ministerial review include, without limitation, (a) multi-family housing development projects located on Housing Element Parcels, in which at least twenty percent (20%) of the housing units are affordable to lower-income households, and (b) housing development projects that satisfy the criteria set forth in Government Code Sections 65650 et. seq., 65660 et. seq., 65852.21 and/or 66411.7, 65852.28 and/or 66499.41, 65912.110 et. seq., 65912.120 et. seq., 65913.4, or 65913.16 or in Health and Safety Code Section 17021.8.

1. The director is authorized to ministerially review and approve or disapprove the application(s) for the proposed housing development project in accordance with applicable law. The director’s decision shall be transmitted to the applicant in writing within the time period mandated by law. Decisions of the director may be appealed to the Commission, who’s decision shall be final.

2. If the ministerial approval of a housing development project will result in fewer residential units by income category than projected for a housing element parcel in the general plan housing element, the “no net loss” provisions of Government Code Section 65863 and Section 22.18.050 apply and the director must also make the required findings.

3. Except to the extent otherwise provided by State law, the director shall not ministerially approve a proposed housing development project unless it complies with all applicable, objective standards, provisions, conditions and requirements of the general plan, this Development Code, and other applicable ordinances and policies of the City.

4. Except as otherwise provided by State law, a ministerial approval pursuant to this subsection shall remain valid for two years from the date of the final action establishing that approval and shall continue remain valid thereafter provided demolition and grading activity on the development site has begun pursuant to a permit issued by the City and is in progress. (g) Standard conditions. The director is authorized to promulgate, modify, and enforce standard conditions and requirements that apply to approved housing development projects,

6.1.a
Packet Pg. 512
Ordinance No. 03 (2024)
28 which implement applicable State, City, and other local agency standards, provisions, and conditions, provided such standard conditions and requirements are consistent with the provisions of the Diamond Bar City Code and State law.

Sec. 22.18.050 No Net Loss
(a) Purpose. The purpose of this section is to implement the No Net Loss Law and the “no net loss” provisions of the Housing Crisis Act.
(b) Definitions. The following definitions shall apply for purposes of this Section:

1. “Housing Crisis Act” means and refers the provisions set forth in Chapter 12 of Division 1 of Title 7 of the Government Code, commencing with Section 66300, as such provisions may be amended from time to time.

2. “Housing element parcel” means and refers to any parcel of land identified in the City’s general plan housing element site inventory described in subdivision (a)(3) of Government Code Section 65583, or in a housing element program to make sites available pursuant to subdivision (c)(1) of Government Code Section 65583, for residential development to meet the City’s share of regional housing need allocated pursuant to Government Code Section 65584.

3. “Lower residential density” has the same meaning as defined in the No Net Loss Law. Except as otherwise provided in the No Net Loss Law, lower residential density means fewer residential units in any income category than were (a) projected in the housing element site inventory to be accommodated on a housing element parcel or (b) projected in a housing element program to be developed on a housing element parcel.

4. “Not Net Loss Law” means and refers to the provisions of Government Code Section 65863, as such provisions may be amended from time to time. (c) No net loss provisions applicable to all parcels where housing is an allowable use. With respect to land where housing is an allowable use, the Housing Crisis Act limits the City’s authority to change the general plan land use designation, specific plan land use designation, or zoning of a parcel or parcels of property to a less intensive use or to reduce the intensity of land use within an existing general plan land use designation, specific plan land use designation, or zoning district. Therefore, notwithstanding any other provisions of this Development Code, for so long as the Housing Crisis Act continues to so limit the City’s authority, the City shall not be obligated to accept or process an application for a general plan amendment, zoning map amendment, or zoning text amendment affecting a parcel on which housing is an allowable use if said application requests to change the general plan land use designation, specific plan land use designation, or zoning applicable to the parcel in a manner that would reduce the parcel’s residential development capacity.
(d) No Net Loss Law provisions applicable to housing element parcels.

1. Reductions of allowable residential density. Except as otherwise authorized pursuant to the No Net Loss Law, in addition to any other findings required pursuant to Sections 22.60, 22.70, and/or any other applicable provision of this Development Code, prior to or concurrent with approving any general plan amendment, specific plan amendment, zoning ordinance, or any other action to reduce, or require or permit the

6.1.a
Packet Pg. 513
Ordinance No. 03 (2024)
29 reduction of, the allowable residential density for any housing element parcel, the City Council shall make written findings supported by substantial evidence of both of the following:
a. The reduction of residential density is consistent with the adopted general plan, including the housing element.
b. The remaining sites identified in the housing element are adequate to meet the requirements of Government Code Section 65583.2 and to accommodate the City’s share of the regional housing need pursuant to Government Code Section 65584. This finding shall include a quantification of the remaining unmet need for the City’s share of the regional housing need at each income level and the remaining capacity of sites identified in the housing element to accommodate that need by income level.

2. Approval of development of a housing element parcel at a lower residential density. a. Prior to or concurrent with approving an application allowing development of a housing element parcel at a lower residential density, the final review authority shall make a written finding supported by substantial evidence as to whether the remaining sites identified in the housing element are adequate to meet the requirements of Government Code Section 65583.2 and to accommodate the City’s share of the regional housing need pursuant to Government Code Section 65584. This finding shall include a quantification of the remaining unmet need for the City’s share of the regional housing need at each income level and the remaining capacity of sites identified in the housing element to accommodate that need by income level.
b. If the final review authority approves a development project on a housing element parcel that results in a lower residential density and does not find that the remaining sites identified in the housing element are adequate to accommodate the City’s share of the regional housing need by income level, the City shall within 180 days identify and make available additional adequate sites to accommodate the City’s share of the regional housing need by income level in accordance with the No Net Loss Law. This subdivision shall not be interpreted to require the City to approve an application for any permit or legislative action associated with a proposed development project. However, pursuant to the No Net Loss Law, the final review authority for a permit for a proposed housing development project may not disapprove that permit on the basis that its approval would require the City to identify and make available additional adequate sites to accommodate the City’s share of the regional housing need.

3. Applicant responsibility. If an applicant for a development project or permit requests in its initial application, as submitted, a non-residential development or a mixeduse or residential development at a residential density that would result in the remaining sites in the housing element not being adequate to accommodate the City’s share of the regional housing need pursuant to Government Code Section 65584, the applicant shall assist the City to comply with the No Net Loss Law as follows:

6.1.a
Packet Pg. 514
Ordinance No. 03 (2024)
30 a. The applicant shall identify and include with its application a list of additional potential candidate sites to accommodate the shortfall in the City’s share of the regional housing need by income level that would result from the proposed development project, along with such evidence as is reasonably requested by the director necessary to show that such candidate sites are adequate sites pursuant to Government Code Section 65583.2 and proof that the owner or owner(s) of each such candidate site consents to rezoning and/or identification of the site in the housing element. To the extent allowed by State law, sufficient additional adequate sites must be identified before the application may be deemed complete. b. The applicant shall fund and/or provide outreach to property owners and tenants of property within the vicinity of candidate sites as required by the director, including, without limitation, the mailing of written notices and the advertisement and conduct of community meetings to provide information to interested community members about the identification and/or potential rezoning of the candidate sites.
c. To the extent permitted by State law, the applicant shall reimburse the City for the actual fees and costs charged for the services of attorneys and/or other professional third-party consultants engaged by the City to provide consultation, advice, analysis, and/or review or preparation of documents in connection with the identification of candidate sites and determination of their adequacy pursuant to Government Code Section 65583.2 and/or the preparation and processing of any required general plan and/or zoning amendments. Concurrent with submittal of an application for the proposed development project, the applicant shall execute a reimbursement agreement with the City in a form approved by the City Manager and provide a deposit to the City in an amount sufficient to cover the estimated total professional fees and costs to be incurred by the City, as determined by the director in his or her reasonable discretion. The City Manager is authorized to execute said reimbursement agreement on behalf of the City.

Section 10. Paragraph 1 of Sub-subsection a. of Subsection (5) of Section

22.30.080 (Driveways and site access) of Title 22, Chapter 22.30 of the Diamond Bar City Code is hereby amended to provide additional clarification pertaining to the permitted location of a driveway extension and to replace the existing diagram with a new diagram, as follows (deletions in strikethrough text and additions shown in double underline):
(5) Driveway width and length.
a. Single-family uses.

1. Driveways are intended only to provide access to required off-street parking spaces in garages. No other paving, except walkways, shall be allowed within the front yard area.

An extension of the primary driveway may be approved if the pavement width of the extension does not exceed 12 feet, is located toward the nearest side property line nearest to the driveway and the total hardscape area of the front yard does not exceed 50 percent of the existing front yard area. An extension of the driveway toward the side yard farthest from the driveway shall not be permitted. Front yard area shall be measured from the front property line to the front building line.

6.1.a
Packet Pg. 515
Ordinance No. 03 (2024)
31 Front Yard
Section 11. Table 3-15 (Required Setbacks–Accessory Uses and Structures) of Section 22.42.110 (Residential accessory uses and structures) of Title 22, Chapter 22.42 of the Diamond Bar City Code is hereby amended to specify setback requirements for fish ponds and fountains in the front yard of single-family detached homes, as follows (deletions in strikethrough text and additions shown in double underline):

Single-Family Detached Homes
Accessory Structure Type of Setback 1 Required Setback 2 . . . . . . . . .

Swimming pool, spa, the fish
pond, outdoor play
equipment, fountains,
decorative pools,3,4
Sides, rear
Street side
5 feet
As required for main structure
. . . . . . . . .

Notes:
(1) Where a parcel is situated so that the front, side, or rear property lines are not readily determinable, required setbacks shall be established by the director.

6.1.a
Packet Pg. 516
Ordinance No. 03 (2024)
32 (2) A structure, projection or equipment shall not be placed or occur beyond the property lines of the subject parcel.
(3) Rear yard setback for a detached accessory structure on a double-frontage parcel shall be a minimum of 20 percent of the parcel depth to a maximum of 25 feet. (4) Shall be in compliance with the standards set forth in the Building Code, such as maximum depth and pool barrier requirements.

Section 12. Section 22.42.120 (Accessory dwelling units and junior accessory dwelling units) of Title 22, Chapter 22.42 of the Diamond Bar City Code is hereby amended to conform with State law, as follows (deletions in strikethrough text and additions shown in double underline):

Sec. 22.42.120. - Accessory dwelling units and junior accessory dwelling units.

The purpose of this section is to provide for the creation of accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in a manner consistent with state law, in order to provide for additional housing opportunities for development of low- and moderate-income housing for the community in keeping with the Housing Element of the Diamond Bar General Plan.
(1) Applicability. Except as otherwise provided by state law, the standards and limitations set forth in this section apply to the development of new ADUs and JADUs in the City. (2) Interpretation. The provisions of this section shall be interpreted to be consistent with the provisions of Chapter 13 of Division 1 of Title 7 of the Government Code sections 65852.2 and 65855.22and shall be applied in a manner that is consistent with state law.
(3) Effect of Conforming. Consistent with state law, an ADU that conforms to the provisions of this section (a) shall be deemed an accessory use or an accessory building and shall not be considered to exceed the allowable density for the lot upon which it is located; (b) shall be deemed a residential use that is consistent with the existing General Plan and zoning designation for the lot upon which it is located; and (c) shall not be considered in the application of any local ordinance, policy, or program to limit residential growth.
(4) Definitions. As used in this section, the following terms shall have the following meanings:
a. The terms “accessory dwelling unit”, “accessory structure”, “efficiency unit”, “living area”, “nonconforming zoning condition”, “passageway”, “proposed dwelling”, “public transit”, and “tandem parking” all have the same meaning as that stated in Government Code section 65852.2 66313 as that section may be amended from time to time. The terms “accessory dwelling unit” and “ADU” shall have the same meaning.
b. The term “junior accessory dwelling unit” shall have same meaning as that stated in Government Code section 66313 65852.22(h)(1) as that section may be amended from time to time. The terms “junior accessory dwelling unit” and

6.1.a
Packet Pg. 517
Ordinance No. 03 (2024)
33 “JADU” shall have the same meaning.
c. The term “attached ADU” means an ADU, other than a converted ADU, that is physically attached to a primary dwelling structure.
d. The term “detached ADU” means an ADU, other than a converted ADU, that is physically separated from, but located on the same lot as, a primary dwelling structure.
e. The term “converted ADU” means an ADU that is constructed within all or a portion of the permitted existing interior space of an accessory structure or within all or a portion of the permitted existing interior space of a dwelling structure, including bedrooms, attached garages, storage areas, or similar uses. A converted ADU also includes an ADU that is constructed in the same location and to the same dimensions as a permitted existing structure or portion of a permitted existing structure.
(5) Areas Allowed.
a. ADUs. ADUs conforming to the provisions in this section may be located on any lot in the city that is zoned to allow single-family or multifamily residential uses and that includes a proposed or existing legally developed single-family dwelling, duplex, or multifamily dwelling.
b. JADU. JADUs conforming to the provisions in this section may be located within a proposed or existing legally developed single-family dwelling on any lot in the city that is zoned to allow single-family residential uses. (6) Number Allowed.
a. Single-Family Lots. No more than one ADU or JADU shall be allowed on a lot developed or proposed to be developed with a single-family dwelling; provided, however, that a single-family lot may have both one JADU and either (i) one ADU located within the proposed space of a single-family dwelling or within the existing space of a single-family dwelling or accessory structure, or (ii) one detached, new construction, ADU not exceeding 800 square feet in total floor area. b. Multifamily Lots. Multifamily lots may have either up to two detached ADUs and or multiple converted ADUs as follows:
i. No more than a total of two (2) detached ADUs may be constructed on a lot developed or proposed to be developed with one or more multifamily dwelling structures.
ii. On lots with no detached ADUs, one (1) or more converted ADUs may be constructed within portions of existing multifamily dwelling structures that are not used as livable space. No converted ADUs may be constructed within the existing livable space of a multifamily structure. The number of ADUs permitted under this subsection shall not exceed twenty-five (25) percent of the existing multifamily dwelling units on the lot. For the purpose of

6.1.a
Packet Pg. 518
Ordinance No. 03 (2024)
34 calculating the number of allowable accessory dwelling units: (a) previously approved ADUs shall not count towards the existing number of multifamily dwelling units; and (b) fractions shall be rounded down to the next lower number of dwelling units, except that at least one (1) converted ADU shall be allowed.
iii. Detached ADUs may not be combined on the same multifamily lot with converted ADUs.
(7) ADU Standards and Criteria.
a. Development Standards. Except as modified by this subsection or as otherwise provided by state law, an ADU shall conform to the height, setback, landscaping, lot coverage, and other development standards applicable to the lot on which it is located, as set forth in the Development Code and/or in an applicable specific plan or planned development ordinance or resolution. Notwithstanding the foregoing, when the application of a development standard related to floor area ratio, lot coverage, open-space, front setbacks, or minimum lot size would prohibit the construction of an attached or detached ADU of at least 800 square feet, such standard shall be waived to the extent necessary to allow construction of an ADU of up to 800 square feet.
b. Location on Lot. Attached and detached ADUs shall not be constructed within required setback areas. New detached ADUs shall be located in the rear half of the lot. Notwithstanding the foregoing, a portion of an ADU may be constructed within the required front setback area if, and only to the extent that, application of the requirements of this subsection (7)(b) would not permit an ADU of up to 800 square feet to be constructed on the lot in compliance with all other applicable development standards.
c. Access. An attached or converted ADU shall maintain independent exterior access from the proposed or existing primary dwelling structure. Such access shall not be located on the front of the primary dwelling structure or face the street on which the primary dwelling fronts.
d. Passageway. No passageway shall be required in conjunction with the construction of an ADU.
e. Setbacks.
i. Side and Rear Yard Setbacks. Minimum setbacks of no less than four (4) feet from the side and rear lot lines are required for new attached and detached ADUs.
ii. Converted ADUs. No setbacks are required for converted ADUs, provided the side and rear setbacks of the existing converted structure are sufficient for fire and safety, as dictated by current applicable uniform building and fire codes.
f. Building Separation.

6.1.a
Packet Pg. 519
Ordinance No. 03 (2024)
35 i. A minimum separation of six feet is required between a detached ADU and the primary dwelling unit.
ii. A minimum separation of six feet is required between an attached or detached ADU and all other freestanding accessory structures, including freestanding garages, on the property, provided, however, that a detached ADU may be attached to a freestanding garage in compliance with all Building Code requirements.
iii. Building separation requirements do not apply to converted ADUs that do not include an expansion of floor area of the existing structure. g. Minimum ADU Size. An ADU shall have a minimum floor area of at least 220 square feet.
h. Maximum ADU Size.
i. Attached ADUs: The total floor area of an attached ADU shall not exceed the following:

1. Studio or one bedroom: 850 square feet or fifty percent (50%) of the floor area of the primary dwelling unit, whichever is less; provided, however, that if the size of the primary dwelling unit is less than 1,600 square feet, an attached ADU may have a total floor area of up to 800 square feet.

2. Two or more bedrooms: 1,000 square feet or fifty percent (50%) of the floor area of the primary dwelling unit, whichever is less; provided, however, that if the size of the primary dwelling unit is less than 1,600 square feet, an attached ADU may have a total floor area of up to 800 square feet.
ii. Detached ADUs: The total floor area of a detached ADU shall not exceed the following:

1. Studio or one bedroom: 850 square feet.

2. Two or more bedrooms: 1,000 square feet.

3. Notwithstanding the foregoing, where a detached ADU and a JADU are combined on the same lot, the total floor area of the detached ADU shall not exceed 800 square feet.
iii. Converted ADUs: The maximum size limitations set forth in this subsection do not apply to converted ADUs that do not increase the existing floor area of a structure. In addition, a converted ADU created within an existing accessory structure may include an expansion of not more than 150 square feet beyond the physical dimensions as the existing accessory structure to the extent necessary to accommodate ingress and egress.

6.1.a
Packet Pg. 520
Ordinance No. 03 (2024)
36 iv. Patios and Porches. An attached or detached ADU may include an attached covered patio and/or porch, which, if provided, shall be integrated into the design of the ADU and shall not exceed 60 square feet in size. Such a patio or porch shall not be considered in calculating the floor area of the ADU for purposes of the above maximum unit size limitations.
i. Height.
i. Detached ADUs:

A. Except as provided below, the height of a detached ADU on a lot with an existing or proposed single-family or multifamily dwelling unit New attached and detached ADUs shall be one story, constructed at ground level, and shall not exceed sixteen (16) feet. in height as measured from the finished grade to the highest area of the roofline.

B. The height of a detached ADU located on a lot with an existing or proposed multifamily, multistory dwelling unit, shall not exceed eighteen (18) feet.

C. The height of a detached ADU located on a lot with an existing or proposed single-family or multifamily dwelling unit that is within onehalf of one mile walking distance of a major transit stop or a highquality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code, shall not exceed eighteen (18) feet; provided, however, that up to an additional two (2) feet in height is allowed if necessary to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit. ii. Attached ADUs: The height of an attached ADU shall not exceed twenty-five (25) feet or the height limitation that applies to the primary dwelling, whichever is lower. In no event shall an attached ADU exceed two (2) stories. iii. Converted ADUs: Converted ADUs are not subject to a height limitation. iv. Measurement: The height of an ADU shall be as measured from the finished grade to the highest area of the roofline.
j. Exterior Design. Except to the extent necessary to meet current fire and building codes, A an ADU shall match the architectural style and design features of the primary residential structure as provided below, including, but not limited to:
i. Exterior finishes: Exterior finish Mmaterials shall be the same as or visually match those of the primary residential structure in terms of, colors, type, size, and placement. surface treatments and details;
ii. Roofing Pitch: Type, pitch and materials Roof pitch shall be the same as the predominant roof pitch of the primary residential structure; iii. Proportion and form Trim: The trim around the doors and windows shall be the same type and finish as the primary residential structure; and

6.1.a
Packet Pg. 521
Ordinance No. 03 (2024)
37 iv. Windows: Type, forms, and dimensional ratios Windows shall match those of the primary residential structure in terms of type, proportion (height and width ratio) and orientation (vertical vs. horizontal); v. Eaves: For an attached ADU, eaves shall project from the ADU the same distance as the eaves on the primary residential structure. For a detached ADU, eaves shall project from the ADU at least one foot on all elevations; vi. Fascia Boards: Fascia boards shall match the primary structure or in the event the primary structure has 2x4, shall be no wider than 2x6; and vii. The front elevation of an ADU that is visible from the street shall have the same architectural details as the primary residential structure.

A converted ADU that is constructed within all or a portion of the permitted existing interior space of a dwelling or accessory structure is not required to meet the foregoing exterior design standards; provided, however, that exterior alterations to the structure such as those necessary to meet building codes must meet the relevant design standards above.
k. Recreational Vehicles. Neither the primary residence nor the proposed ADU shall be a recreational vehicle.
l. Off-Street Parking.
i. One additional off-street parking space must be provided for a new attached or detached ADU. This parking space shall be accessible from the existing approved driveway approach, and may be provided in setback areas or as tandem parking on a driveway, unless specific findings are made by the director that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety concerns.

An existing driveway may be widened to accommodate the one off-street parking space pursuant to section 22.30.080.
ii. Notwithstanding the foregoing, an additional off-street parking space is not required to be provided in the following instances:

1. If the ADU is located within one-half mile walking distance of public transit.

2. If the ADU is located within a historic district.

3. If the ADU is part of the proposed or existing primary residence or an accessory structure;

4. When on-street parking permits are required but not offered to the occupant of the ADU.

5. When there is a car share vehicle located within one block of the ADU.

6.1.a
Packet Pg. 522
Ordinance No. 03 (2024)
38 6. If the ADU is a detached ADU that has a total floor area of 800 square feet or less.

7. If the ADU is located on a lot developed or proposed to be developed with one or more multifamily dwelling structures.
iii. The parking space required for a new attached or detached ADU is in addition to the parking spaces required for the primary dwelling. However, when a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU or converted to an ADU, those off-street parking spaces are not required to be replaced. m. Utility Service. Utilities serving an ADU (e.g., electricity, gas, sewer, and water) shall be common to and dependent on the primary residence. An ADU shall not be provided with separate metered utilities, unless otherwise required by applicable building, fire or electrical code provisions. For any ADU using septic facilities allowed by the California Regional Water Quality Control Board and the city, written certification of acceptability and approval by the local health officer shall be submitted.
n. Impact Fees. Construction of an ADU is subject to applicable development impact fees adopted by the City pursuant to California Government Code, Title 7, Division 1, Chapter 5 (commencing with § 66000) and Chapter 7 (commencing with § 66012). No impact fee is required for an ADU that is less than 750 square feet in size. Any impact fee that is required for an ADU that is 750 square feet or more in size shall be charged proportionately in relation to the square footage of the primary dwelling. For purposes of this section, “impact fee” does not include any planning application fee, plan check fee, or building permit fee that is otherwise applicable.
(8) Standards and Criteria Applicable to JADUs.
a. Footprint. A JADU may only be constructed within the walls of a proposed or existing single-family dwelling, including an existing attached garage. b. Unit Size. A JADU shall not exceed 500 square feet in size. c. Separate Entrance. A JADU must include a separate entrance from the main entrance of the proposed or existing single-family residence in which it located. d. Kitchen Requirements. A JADU must include an efficiency kitchen, including a cooking facility with appliances, and a food preparation counter and storage cabinets that are of reasonable size in relation to the size of the JADU. e. Bathroom Facilities. A JADU may include separate sanitation facilities or may share sanitation facilities with the proposed or existing single-family dwelling in which it is located. If a JADU does not include separate sanitation facilities, the JADU must include an interior entrance to the primary dwelling’s main living area. f. Parking. No additional off-street parking is required for a JADU beyond that

6.1.a
Packet Pg. 523
Ordinance No. 03 (2024)
39 required at the time the existing primary dwelling was constructed. However, when an existing attached garage is converted to a JADU, any required off-street parking spaces for the primary dwelling that are eliminated as a result of the conversion shall be replaced. These replacement parking spaces may be located in any configuration on the same lot, including, but not limited to, as covered spaces, uncovered spaces, or tandem spaces.
g. Fire Protection. For purposes of any fire or life protection ordinance or regulation, a JADU shall not be considered a separate or new dwelling unit. h. Utility Service. For purposes of providing service for water, sewer, or power, including a connection fee, a JADU shall not be considered a separate or new dwelling unit. A JADU shall be served by the same water, sewer, and other utility connections serving the primary single-family dwelling in which it is located, and no separate utility meters shall be permitted for a JADU. (9) Other Requirements.
a. No Separate Conveyance. Except as otherwise provided in Government Code section 65852.2666341 or by other applicable law, an ADU or JADU may be rented separate from the primary residence, but may not be owned, sold or otherwise conveyed separate from the primary residence, and a lot shall not be subdivided in any manner that would authorize such separate sale, conveyance, or ownership.
b. No Short-Term Rental Permitted. An ADU or JADU may be rented, although rental is not required. Any rental term of an ADU or JADU that is legally created after June 1, 2017 shall be longer than 30 days or longer. c. Owner Occupancy.
i. ADUs. Owner-occupancy of a lot on which an ADU is located is not required.
ii. JADUs. An owner of record of the single-family lot upon which a JADU is located shall occupy either the JADU or the remaining portion of the primary single-family dwelling as his/her/their principal residence. In the event owner occupancy of the property ceases, the JADU shall automatically become unhabitable space, shall not be used as a separate dwelling unit, and shall not be separately rented or leased for any purpose.

D. Recorded Covenant. Prior to the issuance of a building permit for an ADU or a JADU, the owner(s) of record of the property shall provide to the director a copy of a covenant agreement, declaration of restrictions, or similar deed restriction recorded against the property, which is in a form prepared by and/or acceptable to the director. The deed restriction shall run with the land and shall bind all future owners, heirs, successors, or assigns; shall contain restrictions pertaining to ownership and conveyance, rental, owner occupancy, and the size and attributes of the ADU / JADU that conform to this section; and shall provide that it may not be modified or terminated without the prior written consent of the director.

6.1.a
Packet Pg. 524
Ordinance No. 03 (2024)
40 (10) Permit Application and Review Procedures.
a. Building Permit Required. A building permit is required prior to construction of an ADU or JADU. Except as otherwise provided in this section or by state law, all building, fire, and related code requirements applicable to habitable dwellings apply to ADUs and JADUs. However, fire sprinklers shall not be required if they are not required for the primary dwelling, and the construction of an ADU shall not trigger a requirement for fire sprinklers to be installed in an existing multifamily dwelling.
b. Application. Prior to the issuance of a building permit for an ADU or JADU, the applicant shall submit an application on a form prepared by the City, along with all information and materials prescribed by such form. No application shall be accepted unless it is completed as prescribed and is accompanied by payment for all applicable fees.
c. Review. Except as otherwise provided herein, tThe director shall consider and approve or disapprove a complete application for an ADU or JADU ministerially without discretionary review or public hearing within sixty (60) days from the date the City receives a complete application. Notwithstanding the foregoing sentence, beginning January 1, 2025, the director shall consider and approve or disapprove a complete application for a detached ADU within thirty (30) days from the date the City receives a complete application if the application utilizes either (i) an ADU plan pre-approved by the City within the current triennial California Building Standards Code rulemaking cycle or (ii) a plan that is identical to a plan used in an application for a detached ADU approved by the City within the current triennial California Building Standards Code rule-making cycle. Review is limited to whether the proposed ADU or JADU complies with the requirements of this section and/or state law, as applicable. If the director disapproves an application for an ADU or JADU, the director shall concurrently return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant. If an applicant requests a delay in processing the application, the time period for the director to review of an application shall be tolled for the period of the requested delay. If the application to create an ADU or a JADU is submitted with an application to create a new single-family or multifamily dwelling on the lot, the director may delay acting on the application for the ADU or the JADU until the City acts on the application to create the new single-family or multifamily dwelling, but the application to create the ADU or JADU will still be considered ministerially without discretionary review or a hearing.
d. Zoning Conformity. The City shall not require the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the ADU as a condition of approval of a permit application for the creation of an ADU or JADU.
e. Demolition Permits. A demolition permit for a detached garage that is to be replaced with an ADU will be reviewed with the application for the ADU and issued at the same time. The applicant shall not be required to provide written notice or post a placard for the demolition of a detached garage that is to be replaced with

6.1.a
Packet Pg. 525
Ordinance No. 03 (2024)
41 an ADU, unless the property is located within an architecturally and historically significant historic district.
e f. Conformity with State Law. The City shall not apply any requirement or development standard provided for in this section to an ADU or a JADU to the extent prohibited by any provision of state law, including, but not limited to, subdivision (a)(e)(1) of Government Code section 6632365852.2.

Section 13. Title 22, Chapter 22.42 of the Diamond Bar City Code is hereby amended to add new Section 22.42.170 pertaining to transitional and supportive housing to read in its entirety as:

Sec. 22.42.170. – Transitional and supportive housing.
(a) Transitional Housing and Supportive Housing. Consistent with subdivision (c)(3) of California Government Code Section 65583, transitional and supportive housing are considered residential uses of property and shall be subject only to those permit requirements, development standards, and restrictions that apply to other residential dwellings of the same type or configuration in the same zoning district, as determined by the department based on the predominant characteristics of the proposed development.

The applicant for a transitional or supportive housing development shall provide all information reasonably requested by the department necessary to establish that the proposed use meets the definition of transitional housing or supportive housing pursuant to California Government Code Section 65582.
(b) Permanent Supportive Housing For Persons Experiencing Homelessness.

Notwithstanding any other provision of this Development Code, in accordance with California Government Code Section 65650 et. seq., a supportive housing development shall be a use by right in any zoning district where multifamily and mixed uses are permitted and shall be reviewed and approved by the Director ministerially through the zoning clearance and/or plot plan procedures within the time periods set forth in California Government Code Section 65653 if it conforms to each of the following requirements:
i. The development shall consist of 50 units or fewer.
ii. The development shall conform to all objective development standards and policies that apply to multifamily dwellings or multifamily residential components of mixed-use projects in the zoning district in which the development is located; provided, however, that, if the proposed development is located within one-half mile of a public transit stop, no minimum parking requirements shall apply to the units occupied by supportive housing residents.
iii. The development shall satisfy all requirements set forth in California Government Code Section 65651, including, without limitation, the following:

A. Units with the development shall be subject to a recorded affordability restriction for 55 years.

B. One hundred percent of the units, excluding managers’ units, within the development shall be restricted to lower income households and receiving

6.1.a
Packet Pg. 526
Ordinance No. 03 (2024)
42 public funding to ensure affordability of the housing to lower income Californians.

C. At least 25 percent of the units in the development or 12 units, whichever is greater, shall be restricted to residents who meet criteria of the target population as defined in California Health and Safety Code Section 50675.14. If the development consists of fewer than 12 units, then 100 percent of the units, excluding manager’s units, in the development shall be restricted to such residents.

D. Nonresidential floor area shall be used for onsite supportive services in the following amounts:

1. For a development with 20 or fewer total units, at least 90 square feet shall be provided for onsite supportive services.

2. For a development with more than 20 units, at least three percent of the total nonresidential floor area shall be provided for onsite supportive services that are limited to tenant use, including, but not limited to, community rooms, case management offices, computer rooms, and community kitchens.

E. The project shall replace any existing or previously demolished protected units on the site in the manner provided in subdivision (c)(3) of Government Code Section 65915.

F. Units within the development, excluding managers’ units, include at least one bathroom and a kitchen or other cooking facilities, including, at a minimum, a stovetop, a sink, and a refrigerator.
iv. The applicant shall submit for review and approval by the Director a plan for providing on-site supportive services, along with supporting documentation, in accordance with California Government Code Section 65652. Such on-site supportive services may include, but are not limited to, transportation services, counseling services, individual case management, job readiness training, assistance in applying for competitive employment, housing retention assistance services, health status improvement services, mental health services, drug rehabilitation services, parenting services, and budgeting and life skill services. v. The property owner shall enter into a regulatory agreement with the City, in a form approved by the City Manager, to ensure compliance with the provisions of Government Code Section 65651 and this Section. The regulatory agreement shall be recorded as a covenant against the property prior to issuance of a building permit for any structure in the development. The regulatory agreement shall remain a senior, non-subordinate covenant and as an encumbrance running with the land for the full term thereof. In no event shall the covenant or regulatory agreement be made junior or subordinate to any deed of trust or other documents providing financing for the construction or operation of the project, or any other lien or encumbrance whatsoever for the entire term of the required covenants. The

6.1.a
Packet Pg. 527
Ordinance No. 03 (2024)
43 City Manager is authorized to approve and execute each regulatory agreement and any amendments thereto on behalf of the City.
(c) Low-Barrier Navigation Centers. Notwithstanding any other provision of this Development Code, a low-barrier navigation center shall be permitted as a use by right in any areas zoned for mixed use and in nonresidential zoning districts permitting multifamily uses and shall be reviewed and approved by the Director ministerially through the zoning clearance and/or plot plan procedures within the time periods set forth in California Government Code Section 65664 if it satisfies the requirements set forth in California Government Code Section 65662. The applicant for low-barrier navigation center shall provide all information reasonably requested by the department necessary to establish that it meets all applicable requirements.

Section 14. Table 4-1 of Section 22.44.020 (Authority for land use and zoning decisions) of Title 22, Chapter 22.44 of the Diamond Bar City Code is hereby amended to delete the “Hearing Officer” column from the Table and to identify the Director, rather than Hearing Officer, as the review authority for administrative development reviews and minor conditional use permits, as follows (deletions in strikethrough text and additions shown in double underline):

Type of Permit or Decision Director Hearing
Officer
Planning
Commission
City Council
. . . . . . . . . . . . . . .

Administrative development
review Final Final Appeal Appeal
. . . . . . . . . . . . . . .

Minor conditional use
permits Final Final
. . . . . . . . . . . . . . .

Note: The director and hearing officer may defer action on permit applications and refer the item(s) to the commission for the final decision.

Section 15. Subsection (a) of Section 22.44.040 (Application fees) of Title 22, Chapter 22.44 of the Diamond Bar City Code is hereby amended to make a typographical correction, as follows (deletions in strikethrough text and additions shown in double underline):
(a) Filing fees required. The council shall, by resolution, establish a schedule of fees for permits, entitlements, amendments, and other matters pertaining to this Development Code, hereafter referred to as the city's fee resolution. The schedule of fees may be changed or modified only by resolution of the council. The city's processing fees are cumulative. For example, if an application for a lot line adjustment also requires a minor variance, both fees will be charged. Also, specified projects may be subject to a deposit and an hourly rate,

6.1.a
Packet Pg. 528
Ordinance No. 03 (2024)
44 rather then than a flat application fee(s), in compliance with the city's fee resolution.

Processing shall not commence on an application until all required fees/deposits have been paid. Without the application fee, or a deposit if applicable, the application will not be deemed complete.

Section 16. Subsection (a) of Section 22.47.020 (Applicability) of Title 22, Chapter 22.47 of the Diamond Bar City Code is hereby amended to remove decks and tenant improvements from the list of improvements requiring a plot plan review, as follows (deletions in strikethrough text and additions shown in double underline):
(a) Required. A plot plan review shall be required prior to the issuance of a building, grading, or other construction permit, or other authorization required by the Municipal Code or this Development Code. A plot plan review shall also be required for additions of 301 square feet or larger and less than 50 percent of the existing habitable floor area of all existing structures on the site in residential zoning districts, retaining walls, decks, tenant improvement, and similar structures/improvements. Where no other authorization is required, a request for plot plan review shall be approved by the department before the commencement of any business or land use activity.

Section 17. Subsection (b) of Section 22.48.030 (Application, processing, and review) of Title 22, Chapter 22.48 of the Diamond Bar City Code is hereby amended to identify the Director, rather than Hearing Officer, as the review authority for administrative development reviews, as follows (deletions in strikethrough text and additions shown in double underline):
(b) Factors to be considered. In conducting the review for a particular project, the hearing officer director or commission shall consider the location, design, site plan configuration and the overall effect of the proposed project upon surrounding properties and the city in general.

Review shall be conducted by comparing the proposed project to applicable general plan policies, any applicable specific plan, development standards, design guidelines, and other applicable ordinances for the city.

Section 18. Section 22.48.050 (Responsibility for development review) of Title 22, Chapter 22.48 of the Diamond Bar City Code is hereby amended to make a typographical correction and to identify the Director, rather than Hearing Officer, as the review authority for administrative development reviews, as follows (deletions in strikethrough text and additions shown in double underline):

Sec. 22.48.050. - Responsibility for development review. (a) Development review commission Planning Commission. The commission is authorized to impose conditions which may include the following:
(1) Requirements for open spaces, screening and buffering of adjacent properties, fences, and walls;
(2) Requirements for installation and maintenance of landscaping and erosion control measures;

6.1.a
Packet Pg. 529
Ordinance No. 03 (2024)
45 (3) Requirements for street improvements and dedications, regulation of vehicular ingress and egress, and traffic circulation;
(4) Regulation of hours or other characteristics of operation; (5) Requirements for maintenance of on-site improvements; (6) Establishment of development schedules or time limits for performance or completion; and
(7) Other conditions necessary to ensure compatibility with surrounding uses, to preserve the public health, safety, and welfare and necessary to make the findings required by section 22.48.040 (Findings and decision) above.
(b) Administrative development review—Hearing officer Director. The hearing officer director is authorized to impose conditions which may include those areas listed in section

Diamond Bar City CouncilJune 18, 2024

Diamond Bar City Council
June 18, 2024