TO AGREEMENT FOR CONTRACTUAL SERVICES
THIS AMENDMENT TO THE AGREEMENT FOR CONTRACTUAL SERVICES (“Amendment No. 1”) by and between the CITY OF GLENDORA (“City”) and THE GEORGE E. BOOTH CO, INC., an Indiana Corporation (“Contractor”) is effective as of the ____ day of _______, 2022.
RECITALS
A. City and Contractor entered into that certain Agreement for Contractual Services dated September 08, 2020 (“Agreement”) whereby Contractor agreed to provide Supervisory Control and Data Acquisition (SCADA) System Maintenance Services.
B. City and Contractor now desire to amend the Agreement to increase the contract sum from $78,000 to $223,759.
TERMS
1. Contract Changes. The Agreement is amended as provided herein. Deleted text is indicated in strikethrough and added text in bold italics. a. “2.1 Contract Sum. Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed $78,000 (Seventy Eight Thousand Dollars) $223,759 (Two hundred Twenty-three Thousand Seven Hundred Fifty-nine) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.9.”
2. Continuing Effect of Agreement. Except as amended by this Amendment No. 1, the provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment No. 1, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement, as amended by this Amendment No. 1 to the Agreement.
3. Affirmation of Agreement; Warranty Re Absence of Defaults. City and Contractor each ratify and reaffirm each and every one of the respective rights and obligations arising under the Agreement. Each party represents and warrants to the other that there have been no written or oral modifications to the Agreement other than as provided herein. Each party represents and warrants to the other that the Agreement is currently an effective, valid, and binding obligation.
Contractor represents and warrants to City that, as of the date of this Amendment No. 1 City is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement.
August
23rd
Item #11. Page 30
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01240.0001/535314.1 -2-
City represents and warrants to Contractor that, as of the date of this Amendment No. 1, Contractor is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement.
4. Adequate Consideration. The parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 1.
5. Authority. The persons executing this Amendment No. 1 on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment No. 1 on behalf of said party, (iii) by so executing this Amendment No. 1, such party is formally bound to the provisions of this Amendment , and (iv) the entering into this Amendment No. 1 does not violate any provision of any other agreement to which said party is bound.
[SIGNATURES ON FOLLOWING PAGE]
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01240.0001/535314.1 -3-
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.
CITY:
City of Glendora, a municipal corporation
______________________________________
Adam Raymond
City Manager
APPROVED AS TO FORM: CERTIFY AVAILABILITY OF FUNDS:
ALESHIRE & WYNDER, LLP
______________________________________ ______________________________________ William W. Wynder
City Attorney
Marie Ricci
Administrative Services Director/City Treasurer
ATTEST:
______________________________________
Kathleen R. Sessman
City Clerk/Communications Director
CONTRACTOR:
THE GEORGE E. BOOTH CO, INC.
By: __________________________________
Name: Scott Young
Title: President
By: __________________________________
Name: Brian Kinnick
Title: Director of Operations
Address:
The George E. Booth Co, Inc.
8202 W, 10th Street
Indianapolis, IN 46214
Two corporate officer signatures required when Contractor is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONTRACTOR’S SIGNATURES
SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS
MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONTRACTOR’S BUSINESS ENTITY.
Aug 8, 2022 | 2:52 PM PDT
Aug 5, 2022 | 4:48 AM PDT
Aug 24, 2022 | 9:25 AM PDT
Item #11. Page 32
Meeting Date: 5/9/2023 / Packet Page #: 352
AMENDMENT NO. 2
TO AGREEMENT FOR CONTRACTUAL SERVICES
THIS AMENDMENT TO THE AGREEMENT FOR CONTRACTUAL SERVICES (“Amendment No. 1”) by and between the CITY OF GLENDORA (“City”) and THE GEORGE E. BOOTH CO, INC., an Indiana Corporation (“Contractor”) is effective as of the ____ day of _______, 2023.
RECITALS
WHEREAS, City and Contractor entered into that certain Agreement for Contractual Services dated September 8, 2020 (“Agreement”) whereby Contractor agreed to provide Supervisory Control and Data Acquisition (SCADA) System Maintenance Services; and WHEREAS, City and Contractor entered into certain Amendment No. 1 to the Agreement for Contractual Services dated August 23, 2022 (“the Agreement”), whereby the parties amended Exhibits 2.1 of the Agreement; and
WHEREAS, City and Contractor now desire to further amend the Agreement, as amended, to extend the Term of the Agreement from the close of business on June 30, 2023 to the close of business on June 30, 2024 and increase the contract sum from $223,759 to $273,759.
TERMS
1. Contract Changes. The Agreement is amended as provided herein. Deleted text is indicated in strikethrough and added text in bold italics.
2.1 Contract sum. Subject to any limitation set forth in this Agreement, City agrees to pay Consultant the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” Rate Schedule 2023-2024 and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed $223,759 (Two hundred Twenty-three Thousand Hundred Fifty-nine) $273,759 (Two Hundred Twenty-three Thousand Seven Hundred Fifty-nine) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.9.”
“Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding one (1) calendar year from June 30, 2024 the date hereof, except as otherwise provided in the Schedule of Performance (“Exhibit “D”). The City may, in its sole discretion, extend the Term for up to five (5) one (1) additional one-year term provided the Contract Office gives written notice of the same not later than sixty (60) calendar days prior to the expiration of the Term.”
EXHIBIT “C” SCHEDULE OF COMPENSATION – SECTION
“Rate Schedule attached within as Exhibit C-1 rates within bid shall be considered firm for the duration of the contract. (July 1, 2020 through June 30, 2023 July 1, 2023 through June 30, 2024). There shall be no escalation DocuSign Envelope ID: 05FDA325-97E2-4137-8CBF-DF6CA2281A8E Item #11. Page 33
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George E Booth – Amendment No. 2 -2-
upon rates until the yearly renewal period. Upon yearly renewal, rates may be altered to meet current rates should that be necessary. The City reserves the right to accept or reject yearly renewal rates containing escalation stipulations as it deems to be in the best interest of the City.
EXHIBIT “C-1” SCHEDULE OF PERFORMANCE replace the original Exhibit C-1 “Rate Schedule” with the attached Exhibit C-1 “Rate Schedule 2023-2024.”
2. Continuing Effect of Agreement. Except as amended by this Amendment No. 2, the provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment No. 2, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement, as amended by this Amendment No. 2 to the Agreement.
3. Affirmation of Agreement; Warranty Re Absence of Defaults. City and Contractor each ratify and reaffirm each and every one of the respective rights and obligations arising under the Agreement. Each party represents and warrants to the other that there have been no written or oral modifications to the Agreement other than as provided herein. Each party represents and warrants to the other that the Agreement is currently an effective, valid, and binding obligation.
Contractor represents and warrants to City that, as of the date of this Amendment No. 2, City is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement.
City represents and warrants to Contractor that, as of the date of this Amendment No. 2, Contractor is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement.
4. Adequate Consideration. The parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 2.
5. Authority. The persons executing this Amendment No. 2 on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment No. 2 on behalf of said party, (iii) by so executing this Amendment No. 2, such party is formally bound to the provisions of this Amendment , and (iv) the entering into this Amendment No. 2 does not violate any provision of any other agreement to which said party is bound.
[SIGNATURES ON FOLLOWING PAGE]
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George E Booth – Amendment No. 2 -3-
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.
CITY:
City of Glendora, a municipal corporation
Adam Raymond
City Manager
APPROVED AS TO FORM: CERTIFY AVAILABILITY OF FUNDS:
ALESHIRE & WYNDER, LLP
William W. Wynder
City Attorney
Marie Ricci
Administrative Services Director/City Treasurer
ATTEST:
Kathleen R. Sessman
City Clerk/Communications Director
CONTRACTOR:
THE GEORGE E BOOTH CO., INC
Name: Scott Young
Title: President
[email protected]
Name: Brian Kinnick
Title: Director of Operations
[email protected]
Address: 8202 W, 10th Street
Indianapolis, IN 46214
Two corporate officer signatures required when Contractor is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer.
CONTRACTOR’S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE
REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONTRACTOR’S BUSINESS ENTITY.
DocuSign Envelope ID: 05FDA325-97E2-4137-8CBF-DF6CA2281A8E Apr 20, 2023 | 12:05 PM PDT
Apr 19, 2023 | 5:06 AM PDT
Item #11. Page 35
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Addendum to “Exhibit C”
2023-2024 Rate Schedule
QUOTED PROJECT RATE
Standard, non-holiday, business days (Mondays – Friday, 8:00 AM – 5:00 PM). $135.00 per hour
PANEL SHOP / CAD RATE
$125.00 per hour (4-hour minimum billing)
TELEPHONE, REMOTE ACCESS PROGRAMMING AND CONSULTATION
SERVICES RATE
$135.00 per hour (half hour minimum billing)
SERVICE CALL RATES – Billing hours begin upon point of dispatch to arrival back to point of origin.
Mileage will not be billed.
Service Call: Non-holiday, business days (Mondays – Friday, 8:00 AM – 5:00 PM) $150.00 per hour
Emergency Service Call*: Non-holiday, business days (Mondays – Friday, 8:00 AM – 5:00 PM)
$202.50 per hour
*Emergency Service pertains to non-scheduled work that falls during a normal business day. An example
of an Emergency Service Call is if a GEB technician is scheduled and/or en-route to another customer or
project site and immediate service is required.
After Hours Service Call: Non-standard business day hours or weekend service $270.00 per hour
Holiday Service Call**
$337.50 per hour
**GEB Observed Holidays: New Year’s Day, Good Friday, Memorial Day, Independence Day, Labor Day,
Thanksgiving Day, Day after Thanksgiving, Christmas Eve, Christmas Day, New Year’s Eve MATERIAL MARKUP: 15%
TRAVEL EXPENSES: Cost + 5% (Hotel, food, etc. expenses incurred due to overnight stay) DocuSign Envelope ID: 05FDA325-97E2-4137-8CBF-DF6CA2281A8E Item #11. Page 36
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GEORGE E. BOOTH CO., INC.
Engineered Products for Process Measurement & Control
ISO 9001:2008 Certified
HEADQUARTERS: 8202 West 10th Street, Indianapolis, IN 46214-2432 Telephone (317) 247-0100 Fax (317) 271-6225 ILLINOIS OFFICE: 43 East Belmont Drive, Romeoville, IL 60446 Telephone (815) 306-1800 Fax (815) 306-1810 KENTUCKY OFFICE: 625 N. Main Street, P.O. Box 409, Calvert City, KY 42029 Telephone (270) 395-5116 Fax (270) 395-4232 SERVICE DIVISION: 1035 Country Club Road Indianapolis, IN 46234 Telephone (317) 247-2085 Fax (317) 271-6225 www.gebooth.com
City of Glendora 2023-2024 Rate Schedule
QUOTED PROJECT RATE
Standard, non-holiday, business days (Mondays – Friday, 8:00 AM – 5:00 PM). $135.00 per hour
PANEL SHOP / CAD RATE
$125.00 per hour (4-hour minimum billing)
TELEPHONE, REMOTE ACCESS PROGRAMMING AND CONSULTATION SERVICES RATE $135.00 per hour (half hour minimum billing)
SERVICE CALL RATES – Billing hours begin upon point of dispatch to arrival back to point of origin.
Mileage will not be billed.
Service Call: Non-holiday, business days (Mondays – Friday, 8:00 AM – 5:00 PM) $150.00 per hour
Emergency Service Call*: Non-holiday, business days (Mondays – Friday, 8:00 AM – 5:00 PM) $202.50 per hour
*Emergency Service pertains to non-scheduled work that falls during a normal business day. An example of an Emergency Service Call is if a GEB technician is scheduled and/or en-route to another customer or project site and immediate service is required.
After Hours Service Call: Non-standard business day hours or weekend service $270.00 per hour
Holiday Service Call**
$337.50 per hour
**GEB Observed Holidays: New Year’s Day, Good Friday, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Day after Thanksgiving, Christmas Eve, Christmas Day, New Year’s Eve MATERIAL MARKUP: 15%
TRAVEL EXPENSES: Cost + 5% (Hotel, food, etc. expenses incurred due to overnight stay) Marcelle Sams
[email protected] | (765) 993-4094
George Booth Co. Inc.
Senior Systems Integrator
Item #11. Page 37
Meeting Date: 5/9/2023 / Packet Page #: 357
STAFF REPORT
TO: MAYOR AND COUNCIL MEMBERS DATE: MAY 9, 2023
FROM: PUBLIC WORKS DISTRICT(S): CITYWIDE
SUBJECT: APPROVE AMENDMENT NO. 4 TO THE AGREEMENT FOR SERVICES WITH WESTERN
WATER WORKS SUPPLY COMPANY FOR THE PURCHASE OF WATER LINE PARTS
AND SUPPLIES EXTENDING THE AGREEMENT FOR ONE YEAR TO FISCAL YEAR 2023/24 IN THE AMOUNT OF $175,000 (STRATEGIC PLAN ITEM 13-IFSS)
RECOMMENDATION
That the City Council:
1. Approve Amendment No. 4 to the Agreement for Services with Western Water Works Supply Company for the Purchase of Water Line Parts and Supplies Extending the Agreement for one (1) year to Fiscal Year (FY) 2023/24 in the amount of $175,000; and
2. Authorize the City Manager or his designee to execute Amendment No. 4 with Western Water Works Supply Company including minimal and/or non-substantive changes.
EXECUTIVE SUMMARY
On June 25, 2019, the City Council approved a contract for the purchase of water line parts and supplies with Western Water Works Supply Company of Chino, CA. The original contract duration was for one year with the possibility of five additional one-year extensions.
Amendment No. 4 would extend the term for one additional year and would allow for a review of any increases in the cost of materials and supplies. The purpose of the proposed contract is to provide the Water Division with an effective and efficient way to manage the purchase of supplies throughout the fiscal year, including for emergency repairs, when more than the everyday supplies are required promptly to reduce water loss and ensure the health and safety of residents. The contract is a not-to-exceed amount of $175,000 annually.
LEGISLATIVE HISTORY / PREVIOUS ACTIONS
The bid opening for the purchase of water line parts and supplies was held on May 16, 2019. Two companies submitted bids for parts and supplies as well as a list of prior work done for municipal agencies. Since the unit price lists are based on a random sample of items frequently purchased and not a single project, the bid amounts are used to verify that each company charges the City appropriately for the parts being provided. Prior experience documents are utilized to ensure that their work with other agencies was successful and that they provided quality materials in a quick manner. Agencies from each list were contacted to verify performance for each vendor.
On June 25, 2019, the City Council approved the contract for water line parts and supplies with Western Water Works Supply Company. The original contract duration was for one year with the possibility of five additional one-year extensions.
The original agreement only had pricing for the first year. Given that the contract includes materials which might be subject to price increases (i.e., Consumer Price Index), the original contract does not forecast the annual costs for subsequent years. Western submitted their current material prices, as is outlined in Attachment C.
Item #12. Page 1
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Staff Report Page 2 of 2
DISCUSSION
The current contract agreement with Western is due to expire on June 30, 2023. Amendment No. 4 requests authority for the City Manager to extend the term of the contract agreement by one additional year with a new contract expiration date of June 30, 2024.
The contract is for a not to exceed amount of $175,000 annually. It is difficult to predict how many clamps, valves, and other materials will be required each year due to the frequent changes in weather and the age of the water system. The contract provides staff with the option to contact the vendor quickly and receive the most time effective response at the lowest possible cost based on the materials needed.
FISCAL IMPACT
The contract is funded from the Water Distribution Water Line Parts and Supplies budget (531-6570- 53520). Costs will vary depending on the needs of the Water Division each fiscal year.
ENVIRONMENTAL DETERMINATION
This activity is not a “project” as defined by Section 21065 of the Public Resources Code or Sections 15060(c)(2), 15060(c)(3), and 15378 of the CEQA Guidelines.
Prepared By Ivy Gonzalez, Office Coordinator
Concurs With Not Applicable
Reviewed By Chisom Obegolu, Assistant Director
Certified to Availability of Funds Marie Ricci, Administrative Services Director/City Treasurer Approved By Adam Raymond, City Manager
Legal Review William W. Wynder, City Attorney
CEQA Review Not Applicable
ATTACHMENTS:
A. Original Contract and Amendments 1, 2, and 3
B. Contract Amendment No. 4
C. Rates FY 2023/24
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Project Name, Plan No.
####
-1-
AMENDMENT NO. 3
TO AGREEMENT FOR CONTRACTUAL SERVICES
THIS AMENDMENT TO THE AGREEMENT FOR CONTRACTUAL SERVICES (“Amendment No. 3”) by and between the CITY OF GLENDORA, a general law city & municipal corporation (“City”), and WESTERN WATER WORKS SUPPLY COMPANY OF CHINO, a California Corporation (“Contractor”), is effective as of the ____ day of _______, 2022.
RECITALS
A. City and Contractor entered into that certain Agreement for Contractual Services, dated June 25, 2019 (the “Agreement”), whereby Contractor agreed to provide Water Line Parts and Supplies.
B. City and Contractor entered into that certain Amendment No. 1 to the Agreement, dated September 8, 2020, whereby the parties amended Exhibits “C,” “C-1,” and “D” of the Agreement.
C. City and Contractor entered into that certain Amendment No. 2 to the Agreement, as amended, dated April 27, 2021, where by the parties amended Section 3.4 and Exhibit “C” of the Agreement, as amended
D. City and Contractor now desire to again amend the Agreement, as amended, to extend the Term of the Agreement from the close of business on June 30, 2022 to the close of business on June 30, 2023.
TERMS
1. Contract Changes. The Agreement is amended as provided herein. Deleted text is indicated in strikethrough and added text in bold italics. a. 3.4 Term
“Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding one (1) year two (2) years from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit “D”). The City may, in its sole discretion, extend the Term for five (5) one (1) additional one-year term provided the Contract Office gives written notice of the same not later than sixty (60) calendar days prior to the expiration of the Term”
b. EXHIBIT “C” SCHEDULE OF COMPENSATION – Section I. A. “Unit Price List & Hourly Rate Sheet attached within as Exhibit C-1 Rates within bid shall be considered firm for the duration of the contract (July 1,
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Item #12. Page 52
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Project Name, Plan No.
####
-2-
2019 through June 30, 2021 July 1, 2022 through June 30, 2023). There shall be no escalation upon any rates until the yearly renewal period. Upon yearly renewal, rates may be altered to meet current rates should that be necessary. The City reserves the right to accept or reject yearly renewal rate increases containing escalation stipulations as it deems to be in the best interest of the City”.
c. EXHIBIT “C-1” SCHEDULE OF PERFORMANCE replace the original Exhibit C-1 in its entirety with the attached Exhibit C-1.2022 Unit Price List.
2. Continuing Effect of Agreement. Except as amended by this Amendment No. 3, the provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment No. 3, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement, as amended by this Amendment No. 3 to the Agreement.
3. Affirmation of Agreement; Warranty Re Absence of Defaults. City and Contractor each ratify and reaffirm each and every one of the respective rights and obligations arising under the Agreement. Each party represents and warrants to the other that there have been no written or oral modifications to the Agreement other than as provided herein. Each party represents and warrants to the other that the Agreement is currently an effective, valid, and binding obligation.
Contractor represents and warrants to City that, as of the date of this Amendment No. 3, City is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement.
City represents and warrants to Contractor that, as of the date of this Amendment No. 3, Contractor is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement.
4. Adequate Consideration. The parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 3.
5. Authority. The persons executing this Amendment No. 3 on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment No. 3 on behalf of said party, (iii) by so executing this Amendment No. 3, such party is formally bound to the provisions of this Amendment , and (iv) the entering into this Amendment No. 3 does not violate any provision of any other agreement to which said party is bound.
[SIGNATURES ON FOLLOWING PAGE]
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Project Name, Plan No.
####
-3-
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.
CITY:
City of Glendora, a municipal corporation
Adam Raymond
City Manager
APPROVED AS TO FORM: CERTIFY AVAILABILITY OF FUNDS:
ALESHIRE & WYNDER, LLP
William W. Wynder
City Attorney
Marie Ricci
Administrative Services Director/City Treasurer
ATTEST:
Kathleen R. Sessman
City Clerk/Communications Director
CONTRACTOR:
Western Water Works Supply Company
Name: Jake Himes
Title: CFO
[email protected]
Name: Jennifer Himes
Title: VP of Sales
[email protected]
Address: 5831 Pine Ave
Chino Hills, CA 91709
Two corporate officer signatures required when Contractor is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONTRACTOR’S SIGNATURES
SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS
MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONTRACTOR’S BUSINESS ENTITY
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Item #12. Page 54
Meeting Date: 5/9/2023 / Packet Page #: 411
AMENDMENT NO. 4
TO AGREEMENT FOR CONTRACTUAL SERVICES
THIS AMENDMENT TO THE AGREEMENT FOR CONTRACTUAL SERVICES (“Amendment No. 4”) by and between the CITY OF GLENDORA, a general law city & municipal corporation (“City”), and WESTERN WATER WORKS SUPPLY COMPANY OF CHINO, a California Corporation (“Contractor”), is effective as of the ____ day of _______, 2023.
RECITALS
WHEREAS, City and Contractor entered into that certain Agreement for Contractual Services dated June 25, 2019 (the “Agreement”), whereby Contractor agreed to provide Water Line Parts and Supplies; and
WHEREAS, City and Contractor entered into the certain Amendment No. 1 to the Agreement, dated September 8, 2020, whereby the parties amended Exhibits “C,” “C-1,” and “D” of the Agreement; and
WHEREAS, City and Contractor entered into that certain Amendment No. 2 to the Agreement, as amended, dated April 27, 2021, where by the parties amended Section 3.4 and Exhibit “C” of the Agreement, as amended; and
WHEREAS, City and Contractor entered into that certain Amendment No.3 to the Agreement, as amended, dated June 28, 2022, where by the parties amended Section 3.4 and Exhibit “C” of the Agreement, as amended; and
WHEREAS, City and Contractor now desire to amend the Agreement, as amended, to extend the Term of the Agreement from the close of business on June 30, 2023 to the close of business on June 30, 2024.
TERMS
1. Contract Changes. The Agreement is amended as provided herein. Deleted text is indicated in strikethrough and added text in bold italics.
3.4 Term.
“Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding one (1) year from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit “D”). The City many, in its sole discretion, extend the Term for five (5) one (1) additional one-year term provided the Contract Office gives written notice of the same not later than sixty (60) calendar days prior to the expiration of the Term.”
EXHIBIT “C” SCHEDULE OF COMPENSATION – Section I. A.
“Unit Price List Sheet attached within as Exhibit C-1 Rates within bid shall be considered firm for the duration of the contract (July 1, 2022 through DocuSign Envelope ID: 8745FBA6-F70A-4DC5-BD41-C09679247F85 Item #12. Page 55
Meeting Date: 5/9/2023 / Packet Page #: 412
Western Water Works Supply – Amendment No. 4 -2-
June 30, 2023 July 1, 2023 through June 30, 2024). There shall be no escalation upon any rates until the yearly renewal period. Upon yearly renewal, rates may be altered to meet current rates should that be necessary.
The City reserves the right to accept or reject yearly renewal rate increases containing escalation stipulations as it deems to be in the best interest of the City.”
EXHIBIT “C-1” SCHEDULE OF COMPENSATION replace the original Exhibit C-1 in its entirety with the attached Exhibit C-1 2023 Unit Price List.
2. Continuing Effect of Agreement. Except as amended by this Amendment No. 4, the provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment No. 4, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement, as amended by this Amendment No. 4 to the Agreement.
3. Affirmation of Agreement; Warranty Re Absence of Defaults. City and Contractor each ratify and reaffirm each and every one of the respective rights and obligations arising under the Agreement. Each party represents and warrants to the other that there have been no written or oral modifications to the Agreement other than as provided herein. Each party represents and warrants to the other that the Agreement is currently an effective, valid, and binding obligation.
Contractor represents and warrants to City that, as of the date of this Amendment No. 4, City is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement.
City represents and warrants to Contractor that, as of the date of this Amendment No. 4, Contractor is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement.
4. Adequate Consideration. The parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 4.
5. Authority. The persons executing this Amendment No. 4 on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment No. 4 on behalf of said party, (iii) by so executing this Amendment No. 4, such party is formally bound to the provisions of this Amendment , and (iv) the entering into this Amendment No. 4 does not violate any provision of any other agreement to which said party is bound.
[SIGNATURES ON FOLLOWING PAGE]
DocuSign Envelope ID: 8745FBA6-F70A-4DC5-BD41-C09679247F85 Item #12. Page 56
Meeting Date: 5/9/2023 / Packet Page #: 413
Western Water Works Supply – Amendment No. 4 -3-
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.
CITY:
City of Glendora, a municipal corporation
Adam Raymond
City Manager
APPROVED AS TO FORM: CERTIFY AVAILABILITY OF FUNDS:
ALESHIRE & WYNDER, LLP
William W. Wynder
City Attorney
Marie Ricci
Administrative Services Director/City Treasurer
ATTEST:
Kathleen R. Sessman
City Clerk/Communications Director
CONTRACTOR:
Western Water Works Supply Company
Name:Jake Himes
Title: CFO
[email protected]
Name:Jennifer Himes
Title: VP of Sales
[email protected]
Address: 5831 Pine Ave, Chino Hills, CA 91709
Two corporate officer signatures required when Contractor is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer.
CONTRACTOR’S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE
REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONTRACTOR’S BUSINESS ENTITY.
DocuSign Envelope ID: 8745FBA6-F70A-4DC5-BD41-C09679247F85 Apr 18, 2023 | 2:56 PM PDT
Apr 19, 2023 | 6:26 AM PDT
Item #12. Page 57
Meeting Date: 5/9/2023 / Packet Page #: 414
PROPOSAL
QUOTE DATE EXPIRATION DATE QUOTE NO.
04/06/23 05/06/23 1239304-00
PROPOSAL SUBMITTED BY:
SANTA FE SPRINGS
12247 LAKELAND RD
SANTA FE SPRINGS, CA - 90670
PHONE: (909)597-7000
FAX: (626)579-1389
www.wwwsco.com
PLEASE REVIEW THIS PROPOSAL VERY CAREFULLY. THANK YOU FOR YOUR CONSIDERATION.
MATERIALS PRICING & AVAILABILITY:
Due to unprecedented global commodity supply issues, material pricing and availability cannot be guaranteed for any set period of time. Please contact your Western Water Works representative for the current status as this issue is fluid and changes regularly.
DUE TO SUPPLY CHAIN ISSUES, THESE ARE THE ESTIMATED LEAD TIMES FOR MATERIALS:
- Valves - 4 to 8 weeks
- Hydrants - 12 to 18 weeks
- PVC Pipe - 2 to 4 weeks
- DI Pipe - 20 to 24 weeks
- Service Brass - 36 to 40 weeks
- DI Fittings - 2 to 4 weeks
- Sewer Fittings - 2 to 4 weeks
- Meter Boxes - 12 to 24 weeks
We can only hold prices in this proposal on a 15/30 basis, which means prices are firm for 15 days, and material must ship within 30 days.
Item #12. Page 58
Meeting Date: 5/9/2023 / Packet Page #: 415
PROPOSAL
12247 LAKELAND RD SANTA FE SPRINGS, CA - 90670
PHONE: (909)597-7000 | FAX: (626)579-1389
QUOTE DATE EXPIRATION DATE QUOTE NO.
04/06/23 05/06/23 1239304-00
JOB ID PAGE NO.
2023-2024 ANNUAL E 1
CUST #: 7021
BILL TO
CITY OF GLENDORA
116 E FOOTHILL BL
GLENDORA, CA 91741-3380
SHIP TO
CITY OF GLENDORA
1051 E SIERRA MADRE AV
GLENDORA, CA 91741-2978
INSTRUCTIONS SHIP POINT VIA SHIPPED TERMS
SANTA FE SPRINGS OUR TRUCK NET 30 DAYS
CONTACT
PHONE
WORK EMAIL
DALE WERT
(626)914-8256
[email protected]
LN PRODUCT AND DESCRIPTION ORDERED BO SHIPPED UM PRICE NET AMOUNT
-
************************************************************ NO DELIVERIES ACCEPTED BETWEEN 11:30-12:30 DURING LUNCH ************************************************************ -
ALL GATE VALVES TO BE MUELLER ONLY
-
-
REFERENCE ANNUAL 2023-2024 CONTRACT EXTENSION
-
1 22600060007000# 1 1 EA 108.40 108.40
6X7.5 SINGLE BAND FC CLAMP 5.95"- 6.35" OD R
2 22600060010000# 1 1 EA 162.20 162.20
6X10 SINGLE BAND FC CLAMP 5.95"- 6.35" OD R
3 22600080007000# 1 1 EA 134.80 134.80
8X7.5 SINGLE BAND FC CLAMP 7.95"- 8.35" OD R
4 22600066307000# 1 1 EA 119.10 119.10
6X7.5 SINGLE BAND FC CLAMP 6.56"- 6.96" OD R
5 KS60-100 60 60 FT 8.25 495.00
1 K SOFT COPPER TUBING 60FT COIL
6 KS100-100 100 100 FT 8.25 825.00
1 K SOFT COPPER TUBING 100FT COIL
7 C04-54-Q-NL# 1 1 EA 32.00 32.00
1-1/4x1 CPLG FEM FC/CTS QJ
8 WR5 1 1 EA 6.25 6.25
1-1/4 WEDDING RING FORD
=============
SUB TOTAL 1882.75
9 KV43-444W-Q-NL# 1 1 EA 64.50 64.50
1IN KEY VALVE CTS QJ/MTR NUT
10 C44-44-Q-NL# 1 1 EA 24.80 24.80
1IN CPLG CTS QJ/CTS QJ
11 KV23-444W-NL# 1 1 EA 60.30 60.30
1IN KEY VALVE MALE FC/MTR NUT
12 C86-44-Q-NL# 1 1 EA 34.20 34.20
1IN CPLG MIP/PEP QJ
Item #12. Page 59
Meeting Date: 5/9/2023 / Packet Page #: 416
PROPOSAL
12247 LAKELAND RD SANTA FE SPRINGS, CA - 90670
PHONE: (909)597-7000 | FAX: (626)579-1389
QUOTE DATE EXPIRATION DATE QUOTE NO.
04/06/23 05/06/23 1239304-00
JOB ID PAGE NO.
2023-2024 ANNUAL E 2
CUST #: 7021
BILL TO
CITY OF GLENDORA
116 E FOOTHILL BL
GLENDORA, CA 91741-3380
SHIP TO
CITY OF GLENDORA
1051 E SIERRA MADRE AV
GLENDORA, CA 91741-2978
INSTRUCTIONS SHIP POINT VIA SHIPPED TERMS
SANTA FE SPRINGS OUR TRUCK NET 30 DAYS
CONTACT
PHONE
WORK EMAIL
DALE WERT
(626)914-8256
[email protected]
LN PRODUCT AND DESCRIPTION ORDERED BO SHIPPED UM PRICE NET AMOUNT
13 C14-44-Q-NL# 1 1 EA 25.40 25.40
1IN CPLG FIP/CTS QJ
14 FB1101-4-Q-NL# 1 1 EA 86.20 86.20
1IN BALLCORP MIP/PEP QJ
=============
SUB TOTAL 295.40
15 22600066310000# 1 1 EA 164.00 164.00
6X10 SINGLE BAND FC CLAMP 6.56"- 6.96" OD R
16 B11-333W 1 1 EA 71.00 71.00
3/4 BALL VLV FIP LW
16 Lines Total Qty Shipped Total 174 Total 2413.15
Taxes 247.35
Invoice Total 2660.50
Item #12. Page 60
Meeting Date: 5/9/2023 / Packet Page #: 417
Terms and Conditions of Sale:
All products and materials offered for sale are subject to these "Terms and Conditions of Sale." Quoted prices may be subject to a price adjustment after the expiration date noted due to a price adjustment from our vendor. The list of materials described in this agreement, and the quantity shown herein, represents our interpretation of the plans and specifications, if any, and is for estimating purposes only. It is not guaranteed for accuracy or completeness, but is furnished only as a guide. The obligation and the responsibility for ordering correct types and verifying quantities of materials rest solely with the Purchaser.
It is the Purchaser’s responsibility to inspect materials for damage or shortage at the time of delivery. Claims for damage or shortage must be acknowledged at the time of delivery.
Purchaser shall furnish people and equipment to unload material.
Material may not be returned without our consent and a copy of the invoice or delivery ticket.
a) Standard items normally carried in our inventory and returned in a new condition, may be subject to a restocking charge.
b) Non-standard items (non-stocking) will be subject to a restocking charge and no credit will be given until such credit is received by us from our vendor, less freight.
We shall not be responsible for shipment delays caused by strikes, embargos, fires, accidents, or any other causes beyond our control.
Purchaser agrees to pay in full and according to the terms of the sale as indicated on our invoices which is NET 30 DAYS unless stated otherwise. If Purchaser fails to pay according to terms, Purchaser agrees to pay a late charge at the highest legal rate per month on past due invoices. Should an attorney or a collection agency be employed by us to collect on any debts of the Purchaser, the Purchaser agrees to pay all actual cost of collection, attorney’s fees, costs and interest on the past due amount.
Materials are warranted only under the conditions and to the extent that they are warranted by the manufacturer(s). We assume no liability of any kind for any direct or indirect damages including, but not limited to, labor cost, expenses, project delays or any type of consequential damages resulting from the use of the material claimed to be defective.
The terms and conditions of this agreement are the entire integrated agreement between the parties hereto and shall supersede all previous communications, representations or agreements either oral or written between the parties. Any order placed, orally or in writing, pursuant to the terms of this proposal shall be deemed acceptable of its terms, conditions, and pricing.
Sept 2013 Version
PROPOSAL
QUOTE DATE EXPIRATION DATE QUOTE NO.
04/06/23 05/06/23 1239304-00
Item #12. Page 61
Meeting Date: 5/9/2023 / Packet Page #: 418
STAFF REPORT
TO: MAYOR AND COUNCIL MEMBERS DATE: MAY 9, 2023
FROM: COMMUNITY DEVELOPMENT DISTRICT(S): CITYWIDE
SUBJECT: APPROVE A CONTRACT WITH PLACEWORKS, INC. TO PREPARE OBJECTIVE DESIGN
STANDARDS FOR THE ZONING CODE, THEREBY REPLACING EXISTING SUBJECTIVE
DESIGN GUIDELINES AND PREPARE ACCOMPANYING CEQA DOCUMENTS IN AN AMOUNT NOT TO EXCEED $150,150 (FILE NO. PLN22-0042).
RECOMMENDATION
That the City Council:
1. Approve a contract with PlaceWorks, Inc. to prepare objective design standards for residential, commercial, and qualifying mixed use development types for the zoning code (and specific area plans), thereby replacing existing subjective design guidelines and prepare the accompanying environmental determination documents for an amount not to exceed $136,500 plus a 10% contingency of $13,650, for a total not-to-exceed amount of $150,150 (File No. PLN22-0042).
2. Approve an appropriation from the General Plan Maintenance Fund (263) in the amount of $150,150.
3. Authorize the City Manager or their designee to execute the agreement including minimal and nonsubstantive changes.
EXECUTIVE SUMMARY
California State Law requires objective design standards for qualifying residential and mixed-use developments. The City of Glendora currently has a mixture of objective and subjective design standards for developments distributed through the Zoning Code and Specific Plans.
The Community Development Department seeks to achieve compliance with State law, have one set of objective design standards that replace the current distributed format, and expand objective design standards beyond just qualifying residential and mixed use to all development types including hillside residential, commercial, and industrial. The creation of objective design standards was also a City commitment as part of a State SB 2 Grant (Task 2).
Objective design standards are written as requirements, rather than guidelines; therefore, all residential and mixed-use projects applying under Housing Accountability Act (HAA) protections shall comply with each standard. Importantly, objective design standards regulate site and structure design only. Projects must also comply with all applicable Local Coastal Plan, California Building Code requirements and Development Code requirements (i.e., height, setbacks, landscaping requirements, etc.).
The City released a Request For Proposals for professional consulting services to prepare the objective design standards and prepare the accompanying environmental determination documents. The City received four proposals which were reviewed by a committee of City staff (Community Development Director, Economic Development and Housing Manager, City Planner, and Principal Planner). It was a competitive process involving qualitative scoring, analysis of financials, finalist interviews, and reference checks. PlaceWorks Inc. was evaluated as the best overall and their proposal is included as (Attachment B). Therefore, staff recommends entering a contract with PlaceWorks Inc. for these services (Attachment A). Upon execution of the contract, staff will work with their staff to complete this advanced planning task.
Item #13. Page 1
Meeting Date: 5/9/2023 / Packet Page #: 419
Staff Report Page 2 of 3
LEGISLATIVE HISTORY / PREVIOUS ACTIONS
The State of California continues to enact legislation that requires streamlined housing approval by establishing a by-right, ministerial approval process for residential development. Key to ministerial approval is the replacement of subjective design guidelines with objective standards. Government Code §65913.4 requires cities to establish objective design standards for qualifying residential development types.
The City of Glendora General Plan Housing Element Project 2, Action Item 28, calls for the City to “revise design guidelines to be objective and remove language requiring interpretation of design quality. This action item intends to eliminate subjective evaluation regarding the architectural quality of a development.
Objective standards would also produce more consistency in building design.” Glendora’s Planning Commission recommended adoption, and the City Council adopted the Housing Element December 13, 2022.
DISCUSSION
Objective design standards provide clear expectations on architectural design, massing, and site layout for residents, property owners, developers, and staff and officials administering, interpreting design standards. This improves compatibility between new and existing housing because objective standards allow for more predictable development outcomes. It also streamlines development as it reduces negotiation during the conceptual and application process as the expectations are clear and precise. This leads to quicker processing items as well.
The selected consultant for the contract is PlaceWorks, a California based, planning, design, and environmental consulting firm founded in 1975. The firm serves public and private sector clients in the fields of comprehensive planning, urban design, landscape architecture, environmental analysis and sciences, and GIS. Glendora has also utilized PlaceWork’s services for other past projects.
For this proposal, PlaceWorks will be a partner in creating universal objective design standards for residential, commercial, and mixed-use development for zoning and specific area plans. This will be a complex project involving an analysis of Glendora’s existing Municipal /Zoning Code and Specific Area Plans to identify areas that need to be changed to be objective and to follow State housing law. Their services will also include community engagement, ensuring State compliance, environmental compliance, and participation in public hearings and meetings.
FISCAL IMPACT
This contract award includes a request for appropriations for the following amounts:
Use of Funds Source of Funds Amount
Objective Design Standards General Plan Maintenance Fund 263 $136,500 Contingency (10%) General Plan Maintenance Fund 263 $ 13,650 Total Appropriation Requested $150,150
The City will seek reimbursement from the State under the SB 2 Grant for any work completed prior to the expiration of the grant award on August 31, 2023.
ENVIRONMENTAL DETERMINATION
Not applicable for approval of a contract for consulting assistance for the create universal objective design standards. The contract with PlaceWorks includes a budget to help prepare and process any necessary California Environmental Quality Act (CEQA) analysis.
Item #13. Page 2
Meeting Date: 5/9/2023 / Packet Page #: 420
Staff Report Page 3 of 3
Prepared By Hans Friedel, AICP, Principal Planner
Concurs With Not Applicable
Reviewed By Jeff Kugel, Community Development Director
Certified to Availability of Funds Marie Ricci, Administrative Services Director/City Treasurer Approved By Adam Raymond, City Manager
Legal Review William W. Wynder, City Attorney
CEQA Review Jeff Kugel, Community Development Director
ATTACHMENTS:
A. Contract
B. PlaceWorks Proposal
C. Staff Presentation
Item #13. Page 3
Meeting Date: 5/9/2023 / Packet Page #: 421
CONTRACT SERVICES AGREEMENT
By and Between
CITY OF GLENDORA
and
PLACEWORKS
DocuSign Envelope ID: 44EA0CAD-B401-4283-AFAF-C46EB13339CF Item #13. Page 4
Meeting Date: 5/9/2023 / Packet Page #: 422
Project Name, Plan No. PLN22-0042 1
AGREEMENT FOR CONTRACT SERVICES
BETWEEN THE CITY OF GLENDORA AND
PLACEWORKS
THIS AGREEMENT FOR CONTRACT SERVICES (herein “Agreement”) is made and entered into this _____
day of __________ by and between the City of Glendora, a California municipal corporation (“City”) and PlaceWorks, a California Sub-Chapter “S” Corporation (“Consultant”). City and Consultant may be referred to, individually or collectively, as “Party” or “Parties.”
RECITALS
A. City has sought, by issuance of a Request for Proposals or Invitation for Bids, the performance of the services defined and described particularly in Article 1 of this Agreement.
B. Consultant, following submission of a proposal or bid for the performance of the services defined and described particularly in Article 1 of this Agreement, was selected by the City to perform those services.
C. Pursuant to the City of Glendora’s Municipal Code, City has authority to enter into and execute this Agreement.
D. The Parties desire to formalize the selection of Consultant for performance of those services defined and described particularly in Article 1 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows:
ARTICLE 1. SERVICES OF CONSULTANT
1.1 Scope of Services.
In compliance with all terms and conditions of this Agreement, the Consultant shall provide those services specified in the “Scope of Services” attached hereto as Exhibit “A” and incorporated herein by this reference, which may be referred to herein as the “services” or “work” hereunder. As a material inducement to the City entering into this Agreement, Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. Consultant covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be both of good quality as well as fit for the purpose intended. For purposes of this Agreement, the phrase “highest professional standards” shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances.
DocuSign Envelope ID: 44EA0CAD-B401-4283-AFAF-C46EB13339CF Item #13. Page 5
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Project Name, Plan No. PLN22-0042 2
1.2 Consultant’s Proposal.
The Scope of Service shall include the Consultant’s scope of work or bid which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern.
1.3 Compliance with Law.
Consultant shall keep itself informed concerning, and shall render all services hereunder in accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental entity having jurisdiction in effect at the time service is rendered.
1.4 California Labor Law.
If the Scope of Services includes any “public work” or “maintenance work,” as those terms are defined in California Labor Code section 1720 et seq. and California Code of Regulations, Title 8, Section 16000 et seq., and if the total compensation is $1,000 or more, Consultant shall pay prevailing wages for such work and comply with the requirements in California Labor Code section 1770 et seq. and 1810 et seq., and all other applicable laws, including the following requirements:
(a) Public Work. The Parties acknowledge that some or all of the work to be performed under this Agreement is a “public work” as defined in Labor Code Section 1720 and that this Agreement is therefore subject to the requirements of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works contracts and the rules and regulations established by the Department of Industrial Relations (“DIR”) implementing such statutes. The work performed under this Agreement is subject to compliance monitoring and enforcement by the DIR. Consultant shall post job site notices, as prescribed by regulation.
(b) Prevailing Wages. Consultant shall pay prevailing wages to the extent required by Labor Code Section 1771. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages are on file at City Hall and will be made available to any interested party on request. By initiating any work under this Agreement, Consultant acknowledges receipt of a copy of the Department of Industrial Relations (DIR) determination of the prevailing rate of per diem wages, and Consultant shall post a copy of the same at each job site where work is performed under this Agreement.
(c) Penalty for Failure to Pay Prevailing Wages. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Consultant shall, as a penalty to the City, forfeit two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Consultant or by any subcontractor. (d) Payroll Records. Consultant shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Consultant and each subconsultant to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform the City of the location of the records.
DocuSign Envelope ID: 44EA0CAD-B401-4283-AFAF-C46EB13339CF Item #13. Page 6
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Project Name, Plan No. PLN22-0042 3
(e) Apprentices. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6, and 1777.7 and California Code of Regulations Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Consultant shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Consultant shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within sixty (60) days after concluding work pursuant to this Agreement, Consultant and each of its subconsultants shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement.
(f) Eight-Hour Work Day. Consultant acknowledges that eight (8) hours labor constitutes a legal day's work. Consultant shall comply with and be bound by Labor Code Section 1810. (g) Penalties for Excess Hours. Consultant shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Consultant shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the performance of this Agreement by the Consultant or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code.
Pursuant to Labor Code section 1815, work performed by employees of Consultant in excess of eight (8) hours per day, and forty (40) hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than one and one-half (1½) times the basic rate of pay. (h) Workers’ Compensation. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees if it has employees. In accordance with the provisions of California Labor Code Section 1861, Consultant certifies as follows:
“I am aware of the provisions of Section 3700 of the 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 I will comply with such provisions before commencing the performance of the work of this contract.” Consultant’s Authorized Initials ___________________
Alan Loomis, Principal
(i) Consultant’s Responsibility for Subcontractors. For every subcontractor who will perform work under this Agreement, Consultant shall be responsible for such subcontractor's compliance with Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code, and shall make such compliance a requirement in any contract with any subcontractor for work under this Agreement. Consultant shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a review of the certified payroll records of the subcontractor on a periodic basis or upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Consultant shall diligently take corrective action to halt or rectify any such failure by any subcontractor.
1.5 Licenses, Permits, Fees and Assessments.
Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be DocuSign Envelope ID: 44EA0CAD-B401-4283-AFAF-C46EB13339CF Item #13. Page 7
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Project Name, Plan No. PLN22-0042 4
imposed by law and arise from or are necessary for the Consultant’s performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder.
1.6 Familiarity with Work.
By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly investigated and considered the scope of services to be performed, (ii) has carefully considered how the services should be performed, and (iii) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the Consultant discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Consultant shall immediately inform the City of such fact and shall not proceed except at Consultant’s risk until written instructions are received from the Contract Officer.
1.7 Care of Work.
The Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City’s own negligence.
1.8 Further Responsibilities of Parties.
Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other.
1.9 Additional Services.
City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Consultant, incorporating therein any adjustment in (i) the Contract Sum for the actual costs of the extra work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Consultant. Any increase in compensation of up to ten percent (10%) of the Contract Sum or $50,000, whichever is less; or, in the time to perform of up to one hundred eighty (180) days, may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. It is expressly understood by Consultant that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services. Consultant hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates and that Consultant shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other Consultants. No claims for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.
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1.10 Special Requirements.
Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements” attached hereto as Exhibit “B” and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit “B” and any other provisions of this Agreement, the provisions of Exhibit “B” shall govern.
ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.
2.1 Contract Sum.
Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed $136,500 (One Hundred Thirty-Six Thousand, Five Hundred Dollars) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.9.
2.2 Method of Compensation.
The method of compensation may include: (i) a lump sum payment upon completion; (ii) payment in accordance with specified tasks or the percentage of completion of the services, less contract retention; (iii) payment for time and materials based upon the Consultant’s rates as specified in the Schedule of Compensation, provided that (a) time estimates are provided for the performance of sub tasks, (b) contract retention is maintained, and (c) the Contract Sum is not exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation.
2.3 Reimbursable Expenses.
Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5, and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Consultant at all project meetings reasonably deemed necessary by the City. Coordination of the performance of the work with City is a critical component of the services. If Consultant is required to attend additional meetings to facilitate such coordination, Consultant shall not be entitled to any additional compensation for attending said meetings.
2.4 Invoices.
Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City’s Director of Finance. By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of the Agreement.
The invoice shall contain all information specified in Exhibit “C”, and shall detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-contractor contracts. Sub-contractor charges shall also be detailed by such categories. Consultant shall not invoice City for any duplicate services performed by more than one person.
City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, or as provided in DocuSign Envelope ID: 44EA0CAD-B401-4283-AFAF-C46EB13339CF Item #13. Page 9
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Section 7.3, City will use its best efforts to cause Consultant to be paid within forty-five (45) days of receipt of Consultant’s correct and undisputed invoice; however, Consultant acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. Review and payment by City for any invoice provided by the Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law.
2.5 Waiver.
Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant.
ARTICLE 3. PERFORMANCE SCHEDULE
3.1 Time of Essence.
Time is of the essence in the performance of this Agreement.
3.2 Schedule of Performance.
Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this reference. When requested by the Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding one hundred eighty (180) days cumulatively.
3.3 Force Majeure.
The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant’s sole remedy being extension of the Agreement pursuant to this Section.
3.4 Term & Extended Term.
Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding two (2) years from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit “D”). The City Manager may, at his/her sole discretion, extend the Term for an additional one (1) year extended term by giving advance written notice thereof not less than sixty (60) calendar days prior to the expiration of the Term. / / /
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ARTICLE 4. COORDINATION OF WORK
4.1 Representatives and Personnel of Consultant.
The following principals of Consultant (“Principals”) are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:
Alan Loomis, Principal
Karen Gulley, Managing Principal
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the foregoing Principals may not be replaced nor may their responsibilities be substantially reduced by Consultant without the express written approval of City. Additionally, Consultant shall utilize only competent personnel to perform services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement. Consultant shall notify City of any changes in Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance.
4.2 Status of Consultant.
Consultant shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Consultant, nor any of Consultant’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Consultant expressly waives any claim Consultant may have to any such rights.
4.3 Contract Officer.
The Contract Officer shall be Principal Planner, or such person as may be designated by the City Manager. It shall be the Consultant’s responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Consultant shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.
4.4 Independent Consultant.
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servants, representatives or agents, or in fixing their number, compensation or hours of service. Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City.
City shall not in any way or for any purpose become or be deemed to be a partner of Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise with Consultant.
4.5 Prohibition Against Subcontracting or Assignment.
The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Consultant or any surety of Consultant of any liability hereunder without the express consent of City.
ARTICLE 5. INSURANCE AND INDEMNIFICATION
5.1 Insurance Coverages.
Without limiting Consultant’s indemnification of City, and prior to commencement of any services under this Agreement, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. (a) General liability insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted. (b) Automobile liability insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
(c) Professional liability (errors & omissions) insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement.
(d) Workers’ compensation insurance. Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).
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(e) Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein. (f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”.
5.2 General Insurance Requirements.
(a) Proof of insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
(b) Duration of coverage. Consultant shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Consultant, its agents, representatives, employees or subconsultants.
(c) Primary/noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance.
Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured. (d) City’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
(e) Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or that is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager. (f) Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(g) Enforcement of contract provisions (non-estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
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(h) Requirements not limiting. Requirements of specific coverage features or limits contained in this section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
(i) Notice of cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. (j) Additional insured status. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies. (k) Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (l) Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions.
(m) Pass through clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review. (n) Agency’s right to revise specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant’s compensation. (o) Self-insured retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City. (p) Timely notice of claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. (q) Additional insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.
5.3 Indemnification.
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To the full extent permitted by law, Consultant agrees to indemnify, defend and hold harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Consultant is legally liable (“indemnitors”), or arising from Consultant’s or indemnitors’ reckless or willful misconduct, or arising from Consultant’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith:
(a) Consultant will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys’ fees incurred in connection therewith;
(b) Consultant will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Consultant hereunder; and Consultant agrees to save and hold the City, its officers, agents, and employees harmless therefrom; (c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Consultant for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Consultant hereunder, Consultant agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys’ fees.
Consultant shall incorporate similar indemnity agreements with its subcontractors and if it fails to do so Consultant shall be fully responsible to indemnify City hereunder therefore, and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This indemnification includes claims or liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Consultant in the performance of professional services hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result of City’s sole negligence or willful acts or omissions, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City’s negligence, except that design professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful misconduct of the design professional. The indemnity obligation shall be binding on successors and assigns of Consultant and shall survive termination of this Agreement.
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ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION
6.1 Records.
Consultant shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (the “books and records”), as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. In the event of dissolution of Consultant’s business, custody of the books and records may be given to City, and access shall be provided by Consultant’s successor in interest. Notwithstanding the above, the Consultant shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act.
6.2 Reports.
Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed.
6.3 Ownership of Documents.
All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “documents and materials”) prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Consultant will be at the City’s sole risk and without liability to Consultant, and Consultant’s guarantee and warranties shall not extend to such use, reuse or assignment.
Consultant may retain copies of such documents for its own use. Consultant shall have the right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom. Moreover, Consultant with respect to any documents and materials that may qualify as “works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for the City.
6.4 Confidentiality and Release of Information.
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(a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Contract Officer. (b) Consultant, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives City notice of such court order or subpoena. (c) If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct.
(d) Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.
ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION
7.1 California Law.
This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Los Angeles, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of Los Angeles, State of California.
7.2 Disputes; Default.
In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default.
Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Consultant is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under this Article. Any failure on the part of the City to give notice of the Consultant’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.
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7.3 Retention of Funds.
Consultant hereby authorizes City to deduct from any amount payable to Consultant (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Consultant’s acts or omissions in performing or failing to perform Consultant’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Consultant to insure, indemnify, and protect City as elsewhere provided herein.
7.4 Waiver.
Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
7.5 Rights and Remedies are Cumulative.
Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.
7.6 Legal Action.
In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Consultant shall file a statutory claim pursuant to Government Code Sections 905 et seq. and 910 et seq., in order to pursue a legal action under this Agreement.
7.7 Termination Prior to Expiration of Term.
This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Contract at any time, with or without cause, upon thirty (30) days’ written notice to Consultant, except that where termination is due to the fault of the Consultant, the period of notice may be such shorter time as may be determined by the Contract Officer. In addition, the Consultant reserves the right to terminate this Contract at any time, with or without cause, upon sixty (60) days’ written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Consultant may determine. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be DocuSign Envelope ID: 44EA0CAD-B401-4283-AFAF-C46EB13339CF Item #13. Page 18
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specifically approved by the Contract Officer. Except where the Consultant has initiated termination, the Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. In the event the Consultant has initiated termination, the Consultant shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2.
7.8 Termination for Default of Consultant.
If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated.
7.9 Attorneys’ Fees.
If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney’s fees. Attorney’s fees shall include attorney’s fees on any appeal, and in addition a party entitled to attorney’s fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment.
ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
8.1 Non-liability of City Officers and Employees.
No officer or employee of the City shall be personally liable to the Consultant, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.
8.2 Conflict of Interest.
Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant’s performance of services under this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the Contract Officer. Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.
No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects her/his financial interest or the financial interest of any corporation, partnership or association in which (s)he is, directly or indirectly, interested, in violation of any State statute or regulation. The Consultant warrants that it DocuSign Envelope ID: 44EA0CAD-B401-4283-AFAF-C46EB13339CF Item #13. Page 19
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has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.
8.3 Covenant Against Discrimination.
Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class.
8.4 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. § 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 attorneys’ fees, incurred by City.
ARTICLE 9. MISCELLANEOUS PROVISIONS
9.1 Notices.
Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer (with her/his name and City title), City of Glendora, 116 E. Foothill Blvd., Glendora, California 91741-3380, and in the case of the Consultant, to the person(s) at the address designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing.
Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section.
9.2 Interpretation.
The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
9.3 Counterparts.
This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.
9.4 Integration; Amendment.
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affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Consultant and by the City Council. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.
9.5 Severability.
In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.
9.6 Warranty & Representation of Non-Collusion.
No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of “financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5. Consultant warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement. Consultant further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement.
Consultant is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.
Consultant’s Authorized Initials ___________________
Alan Loomis, Principal
The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties.
[SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.
CITY:
City of Glendora, a municipal corporation
Adam Raymond
City Manager
APPROVED AS TO FORM: CERTIFY AVAILABILITY OF FUNDS:
ALESHIRE & WYNDER, LLP
William W. Wynder
City Attorney
Marie Ricci
Administrative Services Director/City Treasurer
ATTEST:
Kathleen R. Sessman
City Clerk/Communications Director
CONTRACTOR:
PLACEWORKS
Name: Alan Loomis
Title: Principal
Email: [email protected]
Name: Karen Gulley
Title: Managing Principal
Email: [email protected]
Address: 700 S. Flower Street, Suite 600
Los Angeles, CA, 90017
Two corporate officer signatures required when Contractor is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer.
CONTRACTOR’S SIGNATURES SHALL BE DULY NOTARIZED UNLESS EXECUTED UTILIZING DOCUSIGN. IN ADDITION, THE
APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONTRACTOR’S BUSINESS ENTITY.
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EXHIBIT “A”
SCOPE OF SERVICES
I. Consultant will perform the following Services:
TASK 1. PROJECT ADMINISTRATION
1.1 Kick-off Meeting
We will initiate our research in our project kick-off meeting with City staff. At this meeting we will ask a variety of critical questions whose answers will influence the course of our work, such as:
• What standards or guidelines from the existing zoning code and specific plans work well and should remain?
• What is missing from the code that the new standards should address?
1.2 Project Coordination
This task addresses the ongoing communication with City staff that will be necessary during the course of the project. At the kick-off meeting we will establish the date and time for a standing project team meeting in order to maintain regular communication.
Standing project coordination meetings are ideally suited to online collaboration, and we have budgeted our time accordingly. We find that a bi-weekly schedule for these standing meetings works well, with public-facing meetings held on alternating weeks as needed.
This schedule allows City staff at least a week to preview draft presentations and PlaceWorks a week to make necessary revisions before public meetings,
1.3 City Tour
As an optional task to initiate our research of Glendora, we suggest a half- to one-day tour of recently built work with City staff, potentially including a subcommittee of the Planning Commission and/or City Council. The purpose of this tour is to ensure that the PlaceWorks team has a clear understanding of the City’s expectations for quality development by seeing finished projects and discussing what makes these projects successful, where the review process improved the project, where the design fell short of expectations, and what unforeseen issues the project encountered.
Such a tour can be a useful tool to establish a baseline for future projects. We expect that City staff will assist in organizing this tour by identifying illustrative projects in Glendora to visit (both the successes and disappointments) and arranging any necessary clearances with property owners if the project is not mostly visible from public streets. PlaceWorks will provide a script of questions to elicit discussion about the projects.
Deliverable(s):
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» Meeting agendas
» Tour itinerary (optional)
TASK 2. CREATE OBJECTIVE DESIGN STANDARDS
2.1.1 Review and Evaluate Current Design Standards
In addition to our interviews with City staff conducted during the kick-off meeting and subsequent project management calls, we will independently review and analyze the City’s existing General Plan, Development Code, Route 66 Corridor and Arrow Highway Specific Plans, and Design Guidelines. Our audit and analysis will focus on several questions:
• Are there existing policies, standards, or guidelines that can be reused or reworded to serve as a foundation for the proposed design standards and specific plan updates? • Are there common themes or structures to the organization of the existing policies, guidelines, and standards?
• What relevant topics are not addressed by the existing policies and guidelines that should be covered by the proposed design standards?
• How do the existing policies and standards compare to current development practices? This review may dovetail with the optional survey of recently built and approved multifamily projects described in Subtask 2.1.2.
Deliverable(s):
» Memorandum summarizing research findings, including tables as necessary
2.1.2 Current Project Review
In this subtask, we will survey recently built and approved development projects in the city to establish a baseline understanding of existing housing stock and to identify potential conflicts between standard development practices and the City’s existing regulations, especially as they relate to multifamily projects. We expect that the City will provide us with a list of such projects as well as relevant project documents.
Deliverable(s):
» Memorandum summarizing research findings, including diagrams as necessary
2.2 Draft and Adopt Objective Design Standards
We anticipate that the majority of our work will fall within this task. Our work will unfold under two principal tasks, with community outreach interwoven through each phase.
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2.2.1 Administrative Draft
In the first phase of this subtask, we will build on our research in Task 2.1 to prepare draft design standards. In this task we will:
• Prepare a series of options and approaches for crafting citywide Design Standards appropriate to Glendora—incorporating “objective design standards” as required by SB 35—based on our experience, research, and discussion with City staff. • Following City staff review of the above work products, prepare a presentation on the design standards to facilitate an informed and meaningful discussion in the first round of community meetings.
We recommend that this initial research and framework be presented to the public in at least one of the workshops described in Task 3, and potentially in a study session with the Planning Commission. We find that soliciting policy input at this early stage of development helps build credibility for the project as it evolves into more advanced forms.
During the second phase of this subtask, we anticipate translating the feedback from the initial round of community meetings into draft standard and recommended code amendments. Our work will include:
• Illustrating the design standards through diagrams, precedent photographs, and appropriate building/ development typologies.
• Preparing multifamily design standards in compliance with SB 35 and applicable to all multifamily development.
• Preparing design standards for other development types. • Preparing standards for specific architectural styles if desired by the City. • Recommending relevant municipal code and specific plan amendments to integrate the proposed design standards into the existing regulatory framework.
We recommend that the design standards be organized around specific topics such as “site planning,” “building height and form,” and “architectural and landscape details.” We find that such divisions are a useful guide to understanding building design and can be easily used by applicants, City staff, commissioners, and community members as they evaluate the effectiveness of a proposed design in meeting the City’s development goals.
We also anticipate including an illustrated glossary defining commonly used terms, taking care to ensure the definitions are consistent with the municipal code and other adopted policy documents.
Deliverable(s):
» Framework for design standards
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» Presentation of design standards framework in public workshops » Administrative draft design standards
» Administrative draft municipal code and specific plan amendment language
2.2.2 Public Review Draft
We expect that the administrative draft of the standards, including the code and specific plan amendments, will go through at least one round of revisions with City staff before evolving into the public review draft that can be presented to community.
This second subtask of work preparing the public review draft of the design standards will conclude with community meetings, such as a workshop, open house, and study sessions with Planning Commission and/or City Council.
Our final phase of work in this subtask will follow the community meetings and any study session with the Planning Commission and/or City Council. Based on input gathered in these meetings, PlaceWorks will revise the design standards for final hearings and adoption. We presume there will be one round of revisions following these meetings, including review by the City Attorney.
Deliverable(s):
» Draft design standards
» Presentation of standards in public meetings and outreach forums » Presentation of standards for Planning Commission and/or City Council workshop » Final design standards, reflecting public input and including municipal code and specific plan amendments, for adoption hearings
2.2.3 Final Design Standards
Our last phase of work in preparing the design standards will follow final hearings by the Planning Commission and City Council. Based on direction in these meetings, PlaceWorks will prepare the final City-Wide Design Standards, incorporating into the document any edits as directed in the hearings.
Deliverable(s):
» Final design standards, code and specific plan amendments, as adopted by City Council
2.2.4 User’s Guide
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As an optional task, we can produce an easy-to-read, graphically illustrated handout to describe the use of design standards for applicants, staff, and decision makers. We will determine with City staff the most effective format for this handout. For example, for the City of Wildomar, we produced a simple checklist that can be used by both city staff and applicants when evaluating projects permitted under the objective design standards.
Wildomar intends to include this checklist as part of the application forms developers will be required to fill out when submitting a project. Alternately, we can create a more public-facing, infographic-style handout that summarizes the design standards and can be used to promote the new housing policies and opportunities. This infographic could potentially be a single-page handout, suitable for enlarging to poster-size display at the permit counter.
Deliverable(s):
» Applicant design standards handouts
TASK 3. COMMUNITY ENGAGEMENT
3.1 Outreach Program
As requested in the RFP, PlaceWorks will coordinate the community outreach to share the design standards with the public and other stakeholders. To organize our outreach strategy with City staff, we will prepare an outreach program shortly after the kick-off meeting. This outreach program will identify appropriate stakeholders and a schedule for engaging those stakeholders in meetings and/or workshops. The program will align with the overall project schedule and illustrate how community input will inform the delivery of the project as a whole. This program will confirm or modify as necessary the series of ala carte outreach events described in Subtask 3.2.
Deliverable(s):
» Community outreach plan and schedule
3.2 Outreach Efforts
One-on-One Interviews
To initiate our outreach efforts, we recommend a series of one-on-one conversations with key policy makers in the city, namely Planning Commissioners and/or City Councilmembers. Our questions and dialogue with them will be focused on their perceptions and desires for the city’s development landscape and potential. We will also invite them to share their history and experience with the City’s development review process. If desired by the City, we can include a limited number of Glendora developers in our interviews. Though these conversations might be wide ranging and could venture off the strict topic of design standards, they can be helpful in framing the context, challenges, and opportunities for our work. We will of course share all the input we DocuSign Envelope ID: 44EA0CAD-B401-4283-AFAF-C46EB13339CF Item #13. Page 27
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receive with City staff. We propose to conduct these interviews concurrently with our research during Task 2.
Survey
An online survey can be a useful tool to engage the broader public in the topic of design standards. This survey can be structured to ask useful questions to inform the development of the standards. For example, it can be a visual preference survey to identify desired architectural styles and/or can ask multiple-choice questions regarding desired amenities in multifamily developments. We recommend launching the survey shortly after we initiate the project, both to build project awareness and to solicit input over multiple months. The survey will likely close at the conclusion of Task 2.2.1 and completion of the administrative draft standards. Such a survey can be linked from a project-specific website and QR codes on flyers posted at the permit counter, library, and other public service locations. We typically design online surveys to be mobile friendly and therefore easily accessed by applicants and citizens while they are waiting for public services.
Workshops
We have found in recent work on similar design guidelines and standards that the general public has limited interest in the topic so long as the proposed design standards do not modify existing development capacity, potential building scale, or heights.
However, local builders, architects, and developers active in the city often have strong interest in this topic. We recommend convening this group for at least two outreach workshops. Some cities have a standing ad hoc committee or tradition of bringing this group together to solicit input on various community development topics, and this ad hoc committee would be an appropriate venue for a workshop. With this group identified, we anticipate that two workshops with them will be necessary. The first will introduce the overall project, objectives, and preliminary recommendations during the first phase of Subtask 2.2.1, and the second workshop will review draft design standards following Subtask 2.2.2 and prior to adoption hearings.
We have also budgeted for two similar workshops to be held with the broader public; although, as mentioned above, we find that this topic does not typically generate strong interest from the general public. As we develop the outreach program (Task 3.1), we propose to discuss with City staff the best use of this time.
Additionally, we assume that at least two of these workshops may be conducted online, given the convenience many people find in online meetings.
Open House
Following completion of the public review draft (Task 2.2.2) is the appropriate time to host a general public open house. At this stage, the project team, including City staff, will have solid recommendations and compelling visuals to share with the community. We DocuSign Envelope ID: 44EA0CAD-B401-4283-AFAF-C46EB13339CF Item #13. Page 28
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presume that City staff will arrange for an appropriate location, such as the Library, to host a gallery-style open house. PlaceWorks will prepare appropriate posters and illustrative graphics and will attend the open house event.
Planning Commission / City Council Workshops
Following completion of the public review draft (Task 2.2.2) and other outreach events through the open house, we will prepare for a workshop with the Planning Commission and City Council. At this meeting, the policy makers will be given an opportunity to review and comment on the public review draft as well as consider all the input provided during the public outreach.
We presume that any meetings with Planning Commission and City Council will be held in person at one of their regularly scheduled hearings.
Deliverable(s):
» One-on-one interview scripts and interview notes
» Agendas and presentation materials for in-person and online workshops » Coordination and facilitation of online workshops
» Open house posters and visual materials.
» Presentation of standards for Planning Commission and/or City Council workshop TASK 4. CEQA
The RFP presumes that a Negative Declaration (ND) or Mitigated Negative Declaration (MND) will be required to support adoption of the proposed design standards and associated amendments. We are prepared to support the City in this fashion if necessary.
However, we believe it is possible the proposed scope of work may qualify for an exemption from environmental review, pursuant to State CEQA Guidelines Section 15061(b)(3) “Common Sense Exemption.” Nothing in the RFP suggests the City is entertaining a change in allowable uses, permitted residential densities, or other standards that would increase the severity of impacts analyzed by the General Plan EIR or Specific Plan EIRs. In fact, insofar as the proposed scope of work is focused on preparing design standards, the project will arguably establish more restrictive standards on potential development in the city. Accordingly, we expect that the City may be able to adopt the proposed design standards and associated specific plan and code amendments with a CEQA exemption, and we will assist the City in making such findings. Our proposed budget reflects this position, although we are reserving funds in a CEQA line-item in the event further analysis during the project scope proves further CEQA study is necessary.
Deliverable(s):
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» Assistance in preparing CEQA exemption findings pursuant to Section 15061(b)(3)
TASK 5. PUBLIC HEARINGS AND ADOPTION
5.1 Public Workshops
We have accounted for up to 4 public workshops in Task 3.2 above.
5.2 Public Hearings
PlaceWorks will attend and present at public hearings with the Planning Commission and City Council to review and adopt the design standards. We will assist the City in preparing staff reports in addition to preparing presentation material for the hearings.
Deliverable(s):
» Presentation of design standards at up to 4 public adoption hearings with Planning Commission and/or City Council
» Assistance with Planning Commission and City Council staff reports II. All work product is subject to review and acceptance by the City, and must be revised by the Consultant without additional charge to the City until found satisfactory and accepted by City.
III. Consultant will utilize the following personnel to accomplish the Services:
A. Alan Loomis AICP, Principal
B. Yue Zhang, Associate
C. Molly Mendoza, AICP, Associate
D. Chad So, Associate
E. Addie Farrell, Principal
F. Jorge Estrada, Senior Associate
G. Nicole Vermilion, Principal
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EXHIBIT “B”
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
Added text is indicated in bold italics, deleted text is indicated in strikethrough. [THIS PAGE INTENTIONALLY LEFT BLANK]
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EXHIBIT “C”
SCHEDULE OF COMPENSATION
I. Consultant shall perform the following tasks at the following rates:
TASK COST
Task 1. Project Administration
1.1 Kick-Off Meeting $1,000
1.2 Coordination and Meetings $14,000
1.3 City Tour $4,000
Task 2. Create Objective Design Standards
2.1 Review/Evaluate Current Standards $3,500
2.1.2 Current Project Review $5,000
2.2.1 Administrative Draft $22,500
2.2.2 Public Review Draft $25,000
2.2.3 Final Design Standards $2,500
2.2.4 User’s Guide $6,500
Task 3. Community Engagement
3.1 Outreach Program $1,000
3.2.1 One-on-One Interviews $3,500
3.2.2 Survey $7,000
3.2.3 Workshops $12,000
3.2.4 Open House $7,100
3.2.5 Planning Commission/Council Workshops $4,500
Task 4. Environmental Review/CEQA $10,000
Task 5. Public Hearings and Adoption $5,000
Labor Subtotal $134,100
REIMBURSABLES (including travel) $2,400
GRAND TOTAL $136,500
III. Within the budgeted amounts for each Task, and with the approval of the Contract Officer, funds may be shifted from one Task subbudget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Services are approved per Section 1.9.
IV. The City will compensate Consultant for the Services performed upon submission of a valid invoice. Each invoice is to include:
A. Line items for all personnel describing the work performed, the number of hours worked, and the hourly rate.
B. Line items for all materials and equipment properly charged to the Services.
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01240.0001/535308.1 C-2
C. Line items for all other approved reimbursable expenses claimed, with supporting documentation.
D. Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services.
V. The total compensation for the Services shall not exceed the Contract Sum as provided in Section 2.1 of this Agreement.
VI. The Consultant’s billing rates for all personnel are attached as Exhibit C-1.
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01240.0001/535308.1 D-1
EXHIBIT “D”
SCHEDULE OF PERFORMANCE
I. Consultant shall perform all services and tangible work product timely in accordance with the following schedule:
II. The Contract Officer may approve extensions for performance of the services in accordance with Section 3.2.
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CITY OF GLENDORA
OCTOBER 21, 2022
City of Glendora
Objective Design Standards for Zoning
Code and Specific Plans
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PLACEWORKS.COM
City of Glendora
Objective Design Standards for Zoning
Code and Specific Plans
SUBMITTED TO:
CITY OF GLENDORA
116 E. Foothill Blvd.
Glendora CA 91741
via QuestCDN
SUBMITTED BY:
PLACEWORKS
Alan Loomis AICP
Principal, Urban Design
700 S. Flower Street, Suite 600
Los Angeles CA 90017
213.623.1443 x2101 | [email protected]
OCTOBER 21, 2022
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Proposal for Services • PLACEWORKS i
CONTENTS
LETTER OF TRANSMITTAL III
EXECUTIVE SUMMARY 1
FIRM INFORMATION 3
PlaceWorks ............................................................................................ 3 Relevant Capabilities.............................................................................. 4 PROPOSED STAFF 7
Team Organization................................................................................. 7 Identity of Project Manager................................................................... 7 Qualifications of Staff ............................................................................ 9 REFERENCES 13
EXAMPLES OF WORK 17
PROJECT APPROACH 19
Project Understanding.........................................................................19 Scope of Work......................................................................................21 Project Schedule ..................................................................................30 Required City Assistance......................................................................31 Communication with City ....................................................................31 Subconsultants .....................................................................................31 COST ESTIMATE 33
CONTRACT EXCEPTIONS 35
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Contents
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700 S Flower Street, Suite 600 | Los Angeles, California 90017 | 213.623.1443 | PlaceWorks.com
LETTER OF TRANSMITTAL
October 20, 2022
CITY OF GLENDORA
116 East Foothill Blvd
Glendora, CA 91741
Subject: Proposal for Services to the City of Glendora for Objective Design Standards for Zoning Code and Specific Plans
To the Selection Committee:
On behalf of PlaceWorks, I am pleased to submit our proposal to prepare Objective Design Standards for the City of Glendora, including amendments to the Zoning Code and Specific Plans.
As you are aware, the California Legislature has enacted a variety of bills to address a statewide crisis in housing supply and availability. Under the premise that discretionary development review delays and at times even impedes housing production, SB 35 requires California cities to adopt “objective design standards” (ODS) to facilitate ministerial staff approvals of housing developments. More recently, AB 2011 and SB 6 extended this provision to housing proposals in any commercially zoned properties, expanding the scope of this ministerial review. Many cities view this mandate with trepidation.
Discretionary design review has been a powerful tool to ensure new development is appropriate, contextual, and compatible with local neighborhoods and communities. The loss of this tool is generally not viewed favorably by cities.
I appreciate this tension in a personal way, having spent 12 years administrating the design review procedures for the City of Glendale and 6 years serving as a design commissioner for the City of Pasadena. My experience on both sides of the dais as city staff and commissioner affords me a unique perspective on the utility of design guidelines, standards, and “form-based codes.” From this dual point of view, I believe that it is important not just to address the right issues with design standards, but to specifically craft them to work with the approval processes and staff resources responsible for administrating the standards.
This focus on implementation is one of the hallmarks of PlaceWorks and the planning documents we produce—and one the reasons I recently joined the firm after 15 years leading urban design programs in municipal planning offices. Moreover, in addition to preparing design standards, at PlaceWorks we are often called upon by our ODS clients to serve as their design review consultant—thus our knowledge of design policies is informed by the practical experience of implementing and using such standards.
We are excited to bring this experience and knowledge to Glendora. We have greatly enjoyed the collaborative working relationship with City planning staff we have built in the past year working on Meda and Bus Plazas. We look forward to expanding this partnership to prepare Glendora’s Objective Design Standards.
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October 20, 2022 Page iv
This proposal shall remain valid for 90 days from the date of submittal. As a Principal, I am authorized to bind the team to the contents of this submittal and to negotiate contracts on behalf of PlaceWorks.
Please contact me with any questions.
We look forward to your response.
Respectfully submitted,
PLACEWORKS
Alan Loomis AICP
Principal, Urban Design
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EXECUTIVE
SUMMARY
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Proposal for Services • PLACEWORKS 1
EXECUTIVE SUMMARY
We are pleased to present our qualifications and scope of work to prepare “objective design standards” for the City of Glendora, including amendments to the Municipal Code and two of the City’s Specific Plans. Since the passage of SB 35, PlaceWorks has been assisting cities across California develop objective design standards for multifamily development. We understand the need to calibrate objective design standards with both community expectations for design quality and the existing municipal code standards, regulations, and staff resources to administer them.
Our scope of work follows the Tasks outlined in the RFP but provides for a variety of optional tasks we believe will enhance the overall project effort. A brief summary of the scope follows:
Task 1. Project Administration
This task accounts for the day-to-day and week-to-week management of the project and coordination between our team and the City staff, including the kick-off meeting.
Within this task, we include an optional a half- to one-day tour of recently built work with City staff, potentially including a subcommittee of the Planning Commission and/or City Council. The purpose of this tour is to ensure that our team has a clear understanding of the City’s expectations for quality development by seeing finished projects and discussing what makes these projects successful, where the review process improved the project, where the design fell short of expectations, and what unforeseen issues the project encountered. Such a tour can be a useful tool to establish a baseline for future projects.
Task 2. Create Objective Design Standards
Within this task we will review Glendora current design policies, guidelines and standards within General Plan, Development Code, Route 66 Corridor and Arrow Highway Specific Plans, and Design Guidelines. As an optional subtask to this analysis of policy documents, we can also survey recently built and approved development projects in the city to establish a baseline understanding of existing housing stock and to identify potential conflicts between standard development practices and the City’s existing regulations.
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Executive Summary
2 CITY OF GLENDORA • Objective Design Standards for Zoning Code and Specific Plans The majority of our work—the actual crafting of design standards— will fall within the second subtask here. Community outreach will be interwoven through each of the following phases of work:
• Prepare Administrative Draft Standards for staff review. • Prepare Public Review Draft Standards for presentation in workshops. • Prepare Final Design Standards for adoption hearings, including edits to reflect any changes made during the adoption process by Planning Commission and/or City Council.
As an optional subtask, we can prepare an easy-to-read, graphically illustrated User’s Guide or handout to describe the use of design standards for applicants, staff, and decision makers.
Task 3. Community Engagement
We have prepared a series of ala carte outreach events for this proposal but expect that our first subtask here will be to finalize our outreach strategy and schedule with city staff. Our menu of engagement activities includes:
• One-on-One Interviews with Policy Makers
• An online survey
• Workshops with both the general public and a focused group of developers, builders and architects
• An Open House event upon completion of the Public Review Draft • Workshops or Study Sessions with the Planning Commission and City Council
Task 4. CEQA
The RFP presumes that a Negative Declaration (ND) or Mitigated Negative Declaration (MND) will be required to support adoption of the proposed design standards and associated amendments. We are prepared to support the City in this fashion if necessary. However, we believe it is possible the proposed scope of work may qualify for an exemption from environmental review, pursuant to State CEQA Guidelines Section 15061(b)(3) “Common Sense Exemption.” Our proposed budget reflects this position, although we are reserving funds in a contingency line-item in the event further analysis during the project scope proves further CEQA study is necessary.
Task 5. Public Hearings and Adoption
PlaceWorks will attend and present at public hearings with the Planning Commission and City Council to review and adopt the design standards. We will assist the City in preparing staff reports in addition to preparing presentation material for the hearings.
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FIRM INFORMATION
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FIRM INFORMATION
PLACEWORKS
PlaceWorks is one of the West’s most eminent planning, design, and environmental consulting firms serving communities. The firm serves both public- and private-sector clients in the fields of comprehensive planning, urban design, landscape architecture, environmental analysis and sciences, and GIS. Founded in 1975, PlaceWorks now employees a staff of approximately 135 people in six offices.
PlaceWorks is all about places and how they work geographically, environmentally, functionally, aesthetically, and culturally. We are also passionate about how we work with our clients. We bring together people from diverse practice areas, offering best-of-allworlds capability and connectivity. Just as each place we work on is distinctly different, so is our thinking about it.
To successfully create an urban environment requires an in-depth understanding of both land-use planning and design. At PlaceWorks, our approach to urban design is enhanced by an expert understanding of transit-oriented development, downtown revitalization, and corridor planning. We integrate cohesive transit and streetscape networks with their surrounding neighborhoods, buildings, open spaces, and public facilities—all while maintaining the unique character of each community.
Communities don’t stand still. As they grow and change, they need to balance diverse interests: the physical with the social, the governmental and economic with the environmental. PlaceWorks works with communities to design strong, sustainable futures. We are committed to collaboration across disciplines, workable solutions, and creating better places for people to live. We craft forward-thinking, inventive solutions around long-term consequences. Our talented, multidisciplinary team thrives on tackling complex problems and provides creativity grounded in research and systems-based thinking.
A summary of PlaceWorks’ services is provided below.
Company Ownership
Company Type: S-Corporation,
California
Office Locations
Los Angeles (most work from this office)
Santa Ana (corporate headquarters)
Ontario
San Luis Obispo
Berkeley
Sacramento
Primary Contact
Alan Loomis AICP
Principal, Urban Design
700 S. Flower Street, Suite 600
Los Angeles CA 90017
213.623.1443 x2101
[email protected]
Website
www.placeworks.com
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Firm Information
4 CITY OF GLENDORA • Objective Design Standards for Zoning Code and Specific Plans Design
• Design Standards/Guidelines
• Specific Plans
• Downtown Planning
• Transit-Oriented Design
• Site Planning
• Large-Scale Planning and Design
• Strategic Plans
• GIS and Creative Media
Community Planning
• Comprehensive Planning, including
General Plans, Specific Plans
• Community Engagement
• Housing Research and Analysis
• Climate Adaptation and Resiliency
Planning
• Zoning and Form-Based Code
• Infill Planning and Design
• Corridor Planning
• Transportation and Active
Transportation Planning
• Transit-Oriented Development
Planning
• Municipal Services
• Geographic Information Systems
• Creative Media
• Transfer of Development Rights
Economics
• Economic and Market Analysis
• Economic Development Planning
• Site Selection and Development
• Feasibility Studies
Landscape Architecture
• Streetscape Design
• Parks and Trails Planning
• Urban Agriculture and Urban
Forestry
• Storm Water Management
• Evidence-Based Design
Environmental Services
• CEQA/NEPA Documentation
• Third-Party Review
• Technical Studies, including:
» Air Quality/GHG/Energy
» Noise/Vibration/Acoustics
» Geology/Hazards
» Environmental Site Assessment
» Health Risk Assessments
» Visual Impact Analyses
• Site Investigation
• Remedial Engineering Design
• Health Risk Assessment
• Regulatory Compliance
RELEVANT CAPABILITIES
At PlaceWorks, we blend vision and passion with pragmatic thinking.
We’re a talented, multidisciplinary team that thrives on bringing together a variety of perspectives to tackle complex problems. Even though each community is unique, and every challenge is different, we draw from a rich palette of experience to address the environmental, social, economic, and political implications of planning and urban design. Our firm develops context-sensitive solutions, providing creativity and innovation grounded in systems-based thinking. We recognize project constraints and believe that every challenge offers unique opportunities for those with the spirit to explore and collaborate. Our experience in diverse areas—land use planning, environmental studies, urban design, and policy development and analysis—allows us to operate from an integrated perspective and process, the hallmark of sustainable development.
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Proposal for Services • PLACEWORKS 5
Urban Design. To successfully create an urban environment requires an in-depth understanding of both land use planning and design. At PlaceWorks, our approach to urban design is enhanced by an expert understanding of transit-oriented development, downtown revitalization, and corridor planning. We integrate cohesive transit and streetscape networks with their surrounding neighborhoods, buildings, open spaces, and public facilities—all while maintaining the unique character of each community. As experts in neighborhood design and site development, PlaceWorks’ interdisciplinary approach effectively integrates site engineering, land forming, project programming, community structure, building design, and landscape architecture. We provide our public- and private-sector clients with plans and designs that work.
Zoning Codes and Design Guidelines. When preparing design guidelines, PlaceWorks’ urban designers and landscape architects focus on the necessary design components to create or preserve good urban fabric and encourage high-quality building design. We address the broader issues, such as building massing, rhythm, and setback, as well as more detailed criteria such as signage, fenestration, and lighting, to ensure that consistent yet flexible standards guide future development. PlaceWorks constantly updates its in-house technical specifications and construction details to reflect the latest codes, trends, and sustainable practices, and is experienced with highefficiency irrigation design and reclaimed water systems.
Specific Plans. PlaceWorks is at the forefront of the specific planning practice, and we have completed more than 300 specific plans for small, medium, and large cities throughout California, including specific plans tailored around existing and future station areas, downtowns, and along transit corridors. We focus on laying the groundwork for slow, steady change in the urban fabric and on integrating public realm improvements that foster quality places and encourage alternative modes of travel.
Award-Winning Public Engagement. The PlaceWorks team is invested not only in producing plans that are adoptable and implementable, but in developing an open, engaging, and interactive process that truly incorporates feedback from the public. PlaceWorks’ work is founded on the principle that the success of a project lies with the ownership and involvement of community members. We integrate technical expertise with a community-based approach, developing a thorough understanding of the issues, existing conditions, and challenges that are relevant to each community.
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Firm Information
6 CITY OF GLENDORA • Objective Design Standards for Zoning Code and Specific Plans Housing Legislation Expertise. Working closely with HCD, PlaceWorks currently provides technical assistance to SB 2 grant applicants throughout the state. PlaceWorks worked closely with HCD staff to help jurisdictions identify projects and tools that will help them increase housing production and secure grant funding. We conducted outreach around the state through 11 regional liaisons and are continuing to work with HCD to offer ongoing technical assistance through 2021. In its first year, approximately $125 million in SB 2 funds were made available to update local planning documents that streamline housing production. Jurisdictions that have a certified housing element and have completed a 2017 or 2018 annual progress report will be eligible to receive funds on a noncompetitive basis for a range of projects, including targeted general plan updates, community plans and specific plans, zoning updates and by-right zoning for housing, objective design standards, ADU regulations, streamlined environmental analyses, and process updates to improve and expedite local permitting.
Leaders in Planning Policy Regulation to Promote Housing Development. The PlaceWorks Team offers decades of experience developing hundreds of comprehensive plans and regulatory documents intended to promote housing development. Our work at the nexus of land use policy and housing spans a diverse range of socioeconomic contexts and geographic regions and has been applied to the full spectrum of community types throughout California—from small, rural towns to largely suburban planned communities to more urbanized cities. We have also engaged in several recent projects to create objective streamlined standards and developed a database of strategies to help local jurisdictions achieve consistency with SB 35, SB 167, SB 166, and other parts of the 2017 Housing Package.
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PROPOSED STAFF
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Proposal for Services • PLACEWORKS 7
PROPOSED STAFF
TEAM ORGANIZATION
IDENTITY OF PROJECT MANAGER
ALAN LOOMIS AICP | Principal, Urban Design
Role: Principal-in-Charge/Project Manager
An award-winning urban designer and educator with 25 years of experience, Alan recently joined PlaceWorks following a three-year tenure at the City of Santa Monica, where he served as city urban designer and helped lead Promenade 3.0, a strategic design plan to reenvision the iconic Third Street Promenade. Before Santa Monica, Alan led the urban design program for the City of Glendale for 12 years, starting in 2005 as the city’s first on-staff urban designer.
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Proposed Staff
8 CITY OF GLENDORA • Objective Design Standards for Zoning Code and Specific Plans Holding the title Principal Urban Designer, Alan was responsible for bringing the Downtown Specific Plan (DSP) and Mobility Study to adoption; personally managing the design review for over 20 new downtown projects, representing over 3,000 new residences; and additional projects at the Disney/DreamWorks creative campus and in the Tropico District surrounding Glendale’s Metrolink/Amtrak station, working with some of the most prolific and prominent architects and developers in the region during regular, often weekly, design sessions.
While at Glendale, Alan also engaged the city council in a series of study sessions to produce a comprehensive overhaul of the city’s design review process and procedures. The end result was the consolidation of five disparate documents into a single Citywide Design Guidelines structure, adopted in 2011. Organized around three major topic areas—Site Planning, Mass and Scale, and Design and Detailing—this framework helped focus both staff evaluations and Design Review Board decisions, providing consistency to the city’s highly charged design review process. Substantially updated in 2016 to 2018 as part of the South Glendale Community Plan, Glendale’s Citywide Design Guidelines established a template followed by a variety of Southern California cities, including West Hollywood and El Monte.
In 2014 Alan was appointed to the City of Pasadena Design Commission. During his six-year service to Pasadena, the commission reviewed and approved a number of transformative projects, including 100 West Walnut (the Parsons campus expansion), 3200 E Foothill (Space Bank site), Kaiser Permanente School of Medicine, and the Paseo Colorado mixed-use/hotel expansion. As both a former commissioner and city staff planner, Alan is careful to prepare design policies, standards, or recommended conditions of approval with a focus on usability and practicality.
Alan’s experience includes serving as principal urban designer for the following:
• Glendora’s Meda Avenue Plaza (Parklets)
• Objective Design Standards for Western Riverside Council of Governments and the cities of Temecula, Murrieta, Menifee, Wildomar, and Norco
• City of San Bernardino Downtown Specific Plan
• Urban Design Leader/Principal for
» West Hollywood (Urban Design & Planning)
» Rancho Cucamonga (Urban Design)
» El Monte (Architecture & Landscape Architecture)
• Los Alamitos Town Center Strategic Plan and Urban Design Alan, leading a City of San Bernardino Downtown Specific Plan Charrette
Parking Wayfinding Sign Program
Downtown Glendale
Glendale Museum of Neon Art
Glendora’s Meda Plaza Urban Design
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Proposal for Services • PLACEWORKS 9
QUALIFICATIONS OF STAFF
YUE ZHANG | Associate
Role: Associate Designer
Yue provides design, research, and graphic production on a wide array of design projects. She specializes in graphics, document design, and illustrations that include maps, 3D models, and renderings. She is proficient with graphics programs such as the Adobe Creative Suite, AutoCAD, SketchUp, GIS, and 3D Max. Her recent experience includes project design for Atascadero's El Camino Corridor Plan, The Groves at Loma Linda Specific Plan, the Renaissance Rialto Specific Plan, and the Strada Verde Innovation Park Specific Plan. Yue has provided project and graphic design for design guidelines/standards project for cities of the cities of Murrieta, Temecula, Wildomar, and Menifee, as well as the Beach Boulevard Corridor Specific Plan in Anaheim and The El Camino Plan in Atascadero.
MOLLY MENDOZA AICP | Associate
Role: Associate Planner
Molly is a highly skilled associate who is experienced in managing comprehensive planning projects, such as general plan housing and safety elements, and specific plans for the public and private sectors.
She is strong in data research and analysis, as well as developing community outreach plans and engaging communities and other stakeholders. Molly’s background in housing policy was formed in the non-profit sector where she began as a policy analyst and community outreach coordinator. She has managed or played a key role in nearly a dozen housing elements. Molly currently serves as project manager on the Murrieta Objective Design Standards project, will be involved in Orange County Council of Governments’ objective design standards, and is part of the team for the City of San Bernardino Downtown Specific Plan.
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Proposed Staff
10 CITY OF GLENDORA • Objective Design Standards for Zoning Code and Specific Plans CHAD SO | Associate
Role: Associate Designer
Chad is a valued member of PlaceWorks’ community planning and design team, working on urban design, landscape design, planning, and creative community outreach projects across the state. Chad brings to PlaceWorks and his projects a background in landscape architecture and a deep passion for urban design. He develops urban design and streetscape design concepts; first/last mile plans for transit stations; and multimodal strategic and specific plans. He complements his design work with technical analysis using computer-aided design programs and GIS. He also creates graphics, maps, and diagrams that are incorporated into plans and used to present planning and urban design concepts to clients, public meetings, and community workshops. Chad has provided project and graphic design for design guidelines/standards project for cities of Hollister and Sunnyvale, as well as the San Bernardino (City) General Plan, Specific Plans, and Downtown Urban Design and Outdoor Dining Urban Design, Zoning, and CEQA Compliance in Temecula.
ADDIE FARRELL | Principal
Role: CEQA Principal
Addie is a seasoned project director who navigates the CEQA and NEPA processes for a wide range of project types, from remediation to recreation to infrastructure to health care and beyond. She excels at providing her clients with strategic and holistic support, advising on a broad array of technical and strategic issues. Her dedication and professional style have brought her a number of complex and highprofile projects that have earned awards from both AEP and APA.
Addie leads PlaceWorks’ CEQA/NEPA practice for the Los Angeles region and oversees environmental staff from our Los Angeles office, managing diverse in‐house and subconsultant teams. She oversees all aspects of the environmental process and ensures adherence to budget and scope. She also leads public and stakeholder meetings and excels at delivering public and staff presentations, even in highpressure settings. She pays keen attention to quality and detail and maintains that attention in the most challenging situations.
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Proposal for Services • PLACEWORKS 11
JORGE ESTRADA | Senior Associate
Role: CEQA Project Manager
Jorge processes, oversees, and manages all aspects of projects with a depth of knowledge and breadth of perspective that are assets to both the Environmental and Community Planning & Design teams. His environment work focuses on CEQA compliance and spans a wide range of public- and private-sector projects, from general plans and specific plans to small infill projects. For community planning projects, he prepares and manages specific plans and provides entitlement services. He also provides in-house Spanish translations for an array of environmental and planning-related documents and materials.
Jorge has provided CEQA documentation for two recent City of Glendora projects: the Cornerstone Bible Church Expansion project, the CubeSmart Self-Storage Facility.
NICOLE VERMILION | Principal
Role: CEQA Technical Services Director
Nicole combines broad perspective and big-picture thinking with a good technical grounding to find workable solutions to environmental constraints. She is a skilled project manager and smoothly guides difficult and controversial projects to completion. Her environmental analyses are accurate, clear, and thorough, and her grasp of technical considerations and up-to-date knowledge ensure that each project’s issues, constraints, and community concerns are carefully managed.
She also provides air quality/GHG training/workshops and participates in the AEP Climate Change Committee and San Joaquin Valley Air Pollution Control District’s CEQA GHG significance thresholds working group. Nicole has a hand in all projects requiring air quality/GHG services and also oversees the work of our Noise services team.
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REFERENCES
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REFERENCES
We present the following reference and invite you to reach out to each and every one.
TEMECULA OBJECTIVE DESIGN STANDARDS
The Multifamily Objective Design Standards provide a clear set of requirements for new multifamily and mixed-use residential development in the City of Temecula and ensure that development maintains the area’s unique character and the city’s quality of design.
They serve as a manual for residents, property and business owners, developers, builders, architects, designers, and city staff involved in review and approval of multifamily and mixed-use development in Temecula.
The design standards were prepared to comply with Senate Bills 35 and 330 and required expedited processing for new housing development. They address topics related to site planning, general building design, and architectural styles. Working with city staff and subcommittees of the planning commission and city council, PlaceWorks defined six architectural styles that are compatible with the city’s vision and its built environment: Spanish Colonial Revival, Craftsman, Tuscan, American Rural, East Coast Traditional, and Italianate.
Reference
Matt Peters, Senior Planner
City of Temecula
951.694.6408
[email protected]
Dates of Work
August 2020 – January 2022
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References
14 CITY OF GLENDORA • Objective Design Standards for Zoning Code and Specific Plans
MURRIETA MULTI-FAMILY DESIGN STANDARDS
For the City of Murrieta, we are preparing design standards for multifamily and mixed-use development which will be incorporated across four distinct geographic areas of the city: Downtown Specific Plan, TOD Overlay Zone, all multi-family zones, and commercial zones to address AB2011 and SB6. Our work will include amendments to the Specific Plan, the Zoning Code, and preparation of a separate standalone design document. An additional component of our scope of work includes updating the City’s existing development services manual to reflect the new Objective Design Standards process and a series of staff trainings on the new review procedures.
Reference
Carl Stiehl
Senior Planner
CITY OF MURRIETA
951.461.6060
[email protected]
Dates of Work
May 2022 – Ongoing
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References
Proposal for Services • PLACEWORKS 15
WRCOG OBJECTIVE DESIGN STANDARDS
TOOLKIT
We were recently engaged by the Western Riverside Council of Governments (WRCOG) to prepare an Objective Design Standards Toolkit. The purpose of the Toolkit is to outline the best practices in the arena of Objective Design Standards for distribution and use by WRCOG member agencies. The Toolkit will address the process of creating standards, best methods for adopting the standards into local ordinances, and typical topics such standards may cover. Template standards the Toolkit will cover range from Lot Coverage, Driveways and Parking Lots, Garages and Carports, Mailboxes and Trash Enclosures, Building Form and Articulation, Landscape Lighting, among others. Building upon our recent work in the County, the Toolkit will additionally delineate a range of architectural styles that may be appropriate for WRCOG communities. Finally, the Toolkit will provide suggested standards for the subdivision of single-family lots under SB9.
Reference
Christopher Tzeng
Senior Planner
WESTERN RIVERSIDE COUNCIL OF
GOVERNMENTS
951.405.6711
[email protected]
Dates of Work
January 2022 – October 2022
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References
16 CITY OF GLENDORA • Objective Design Standards for Zoning Code and Specific Plans
MENIFEE OBJECTIVE DESIGN STANDARDS
To address changes in California laws—e.g., Senate Bills 330 and 35— PlaceWorks prepared design standards for the City of Menifee that use objective criteria as the basis for project approval or denial. The city will use the Multifamily Objective Design Standards to evaluate residential development applications, and the standards will give direction to developers and property owners about important design components that will streamline project approval. Building on Menifee’s recently approved design guidelines, PlaceWorks modified existing guideline language from “shoulds” to “shalls” and developing new standards where appropriate. The new standards address site design, architectural design, architectural styles, and landscape design.
Reference
Doug Darnell AICP
Senior Planner
CITY OF MENIFEE
951.723.3744
[email protected]
Dates of Work
February 2021 – March 2022
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EXAMPLES OF WORK
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EXAMPLES OF WORK
• City of Temecula Objective Design Standards
https://temeculaca.gov/DocumentCenter/View/12858/ObjectiveDesign-Standards-FINAL-Interactive-V1 • City of Menifee Multifamily Objective Design Standards https://cityofmenifee.us/DocumentCenter/View/15001/FinalAdopted-ODS_4-6-22?bidId= • WRCOG Objective Design Standards Toolkit
https://wrcog.us/AgendaCenter/ViewFile/Agenda/_09082022-615 (starting on page 12 of 111)
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Examples of Work
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PROJECT APPROACH
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PROJECT APPROACH
PROJECT UNDERSTANDING
Like most cities across the state, the City of Glendora has responded to the passage of Senate Bill 35 (Streamline Approval Process) by initiating a process to create and adopt “objective design standards” for multifamily residential development. We further we understand the City’s desire to unify development review across the City by creating similar objective design standards for all building types, and to integrate these standards into both the Municipal Code and two of the City’s Specific Plans.
We are excited at the prospect of expanding the collaborative relationship with City staff we have built in the past year working on Meda and Bus to prepare Glendora’s objective design standards. A series of recently opened and approved housing developments— Avalon, Moreton Place, and others—suggests that Glendora is a desirable location in the East San Gabriel Valley for new homes. As the RFP notes, the imminent arrival of the Gold Line will likely continue this trend and amplify the need for design standards oriented to multifamily housing development in particular.
Since the passage of SB 35, PlaceWorks has been assisting cities across California develop objective design standards for multifamily development. We understand the need to calibrate objective design standards with both community expectations for design quality and the existing municipal code standards, regulations, and staff resources to administer them. For example, the objective design standards we created with Wildomar have already been tested with an actual Item #13. Page 73
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Project Approach
20 CITY OF GLENDORA • Objective Design Standards for Zoning Code and Specific Plans application, affording us the ability to see the effectiveness of this approach to planning approvals. The latest objective design standards we are preparing incorporate this practical learning while we work with city staff to craft standards for unique communities. For Wildomar, we also prepared a “users’ guide” to the standards in the form of a checklist that both planning staff and developers can use, as on the application forms. Temecula staff requested that the checklist be included in the standards document itself, anticipating a fully digital review process. With an additional eye towards record-keeping, we are often recommending to clients that these checklists be prepared to serve as the official design review record-of-decision in the project files.
We expect that any amendments to the Glendora’s development standards and processes are likely to be of great interest to various members of the community, especially local developers and property owners. The City has correctly asked for an outreach program to engage stakeholders in meetings in the desired scope of work, and we are prepared to engage the Glendora community in an intelligent conversation about the role new design standards and associated code amendments will play in the development process. Our proposed scope of work outlines an ala carte menu of public outreach events and activities that have proven effective in other communities engaged in similar projects.
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Ultimately, objective design standards should be a win-win solution for the community of Glendora. For both developers and community members, the standards should provide predictability and transparency. For developers, the standards will clearly articulate the City’s expectation for new housing, accelerating the time frame between application and opening, bringing new housing to the market quickly. For residents, the standards will ensure that new housing will be developed quickly and will fit in and enhance the community character.
We look forward to working with the City to develop Design Standards to meet the requirements of SB 35.
SCOPE OF WORK
We have reviewed the proposed scope of work within the RFP and believe it represents a sound approach to developing objective design standards as desired by the City. Our project approach therefore mirrors this scope of work and anticipates a City Council adoption hearing within 12 months of the kick-off meeting.
TASK 1. PROJECT ADMINISTRATION
1.1 Kick-off Meeting
We will initiate our research in our project kick-off meeting with City staff. At this meeting we will ask a variety of critical questions whose answers will influence the course of our work, such as:
• What standards or guidelines from the existing zoning code and specific plans work well and should remain?
• What is missing from the code that the new standards should address?
1.2 Project Coordination
This task addresses the ongoing communication with City staff that will be necessary during the course of the project. At the kick-off meeting we will establish the date and time for a standing project team meeting in order to maintain regular communication. Standing project coordination meetings are ideally suited to online collaboration, and we have budgeted our time accordingly. We find that a bi-weekly schedule for these standing meetings works well, with public-facing meetings held on alternating weeks as needed. This schedule allows City staff at least a week to preview draft presentations and PlaceWorks a week to make necessary revisions before public meetings,
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Project Approach
22 CITY OF GLENDORA • Objective Design Standards for Zoning Code and Specific Plans
1.3 City Tour (Optional)
As an optional task to initiate our research of Glendora, we suggest a half- to one-day tour of recently built work with City staff, potentially including a subcommittee of the Planning Commission and/or City Council. The purpose of this tour is to ensure that the PlaceWorks team has a clear understanding of the City’s expectations for quality development by seeing finished projects and discussing what makes these projects successful, where the review process improved the project, where the design fell short of expectations, and what unforeseen issues the project encountered.
Such a tour can be a useful tool to establish a baseline for future projects. We expect that City staff will assist in organizing this tour by identifying illustrative projects in Glendora to visit (both the successes and disappointments) and arranging any necessary clearances with property owners if the project is not mostly visible from public streets.
PlaceWorks will provide a script of questions to elicit discussion about the projects.
Deliverable(s):
» Meeting agendas
» Tour itinerary (optional)
TASK 2. CREATE OBJECTIVE DESIGN
STANDARDS
2.1.1 Review and Evaluate Current Design Standards
In addition to our interviews with City staff conducted during the kickoff meeting and subsequent project management calls, we will independently review and analyze the City’s existing General Plan, Development Code, Route 66 Corridor and Arrow Highway Specific Plans, and Design Guidelines. Our audit and analysis will focus on several questions:
• Are there existing policies, standards, or guidelines that can be reused or reworded to serve as a foundation for the proposed design standards and specific plan updates?
• Are there common themes or structures to the organization of the existing policies, guidelines, and standards?
• What relevant topics are not addressed by the existing policies and guidelines that should be covered by the proposed design standards? Item #13. Page 76
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• How do the existing policies and standards compare to current development practices? This review may dovetail with the optional survey of recently built and approved multifamily projects described in Subtask 2.1.2.
Deliverable(s):
» Memorandum summarizing research findings, including tables as necessary
2.1.2 Current Project Review (optional)
In this subtask, we will survey recently built and approved development projects in the city to establish a baseline understanding of existing housing stock and to identify potential conflicts between standard development practices and the City’s existing regulations, especially as they relate to multifamily projects. We expect that the City will provide us with a list of such projects as well as relevant project documents.
Deliverable(s):
» Memorandum summarizing research findings, including diagrams as necessary
2.2 Draft and Adopt Objective Design Standards
We anticipate that the majority of our work will fall within this task. Our work will unfold under two principal tasks, with community outreach interwoven through each phase.
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Project Approach
24 CITY OF GLENDORA • Objective Design Standards for Zoning Code and Specific Plans
2.2.1 Administrative Draft
In the first phase of this subtask, we will build on our research in Task
2.1 to prepare draft design standards. In this task we will:
• Prepare a series of options and approaches for crafting citywide Design Standards appropriate to Glendora—incorporating “objective design standards” as required by SB 35—based on our experience, research, and discussion with City staff.
• Following City staff review of the above work products, prepare a presentation on the design standards to facilitate an informed and meaningful discussion in the first round of community meetings.
We recommend that this initial research and framework be presented to the public in at least one of the workshops described in Task 3, and potentially in a study session with the Planning Commission. We find that soliciting policy input at this early stage of development helps build credibility for the project as it evolves into more advanced forms.
During the second phase of this subtask, we anticipate translating the feedback from the initial round of community meetings into draft standard and recommended code amendments. Our work will include:
• Illustrating the design standards through diagrams, precedent photographs, and appropriate building/ development typologies. • Preparing multifamily design standards in compliance with SB 35 and applicable to all multifamily development.
• Preparing design standards for other development types. • Preparing standards for specific architectural styles if desired by the City.
• Recommending relevant municipal code and specific plan amendments to integrate the proposed design standards into the existing regulatory framework.
We recommend that the design standards be organized around specific topics such as “site planning,” “building height and form,” and “architectural and landscape details.” We find that such divisions are a useful guide to understanding building design and can be easily used by applicants, City staff, commissioners, and community members as they evaluate the effectiveness of a proposed design in meeting the City’s development goals. We also anticipate including an illustrated glossary defining commonly used terms, taking care to ensure the Item #13. Page 78
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Proposal for Services • PLACEWORKS 25
definitions are consistent with the municipal code and other adopted policy documents.
Deliverable(s):
» Framework for design standards
» Presentation of design standards framework in public workshops » Administrative draft design standards
» Administrative draft municipal code and specific plan amendment language
2.2.2 Public Review Draft
We expect that the administrative draft of the standards, including the code and specific plan amendments, will go through at least one round of revisions with City staff before evolving into the public review draft that can be presented to community.
This second subtask of work preparing the public review draft of the design standards will conclude with community meetings, such as a workshop, open house, and study sessions with Planning Commission and/or City Council.
Our final phase of work in this subtask will follow the community meetings and any study session with the Planning Commission and/or City Council. Based on input gathered in these meetings, PlaceWorks will revise the design standards for final hearings and adoption. We presume there will be one round of revisions following these meetings, including review by the City Attorney.
Deliverable(s):
» Draft design standards
» Presentation of standards in public meetings and outreach forums » Presentation of standards for Planning Commission and/or City Council workshop
» Final design standards, reflecting public input and including municipal code and specific plan amendments, for adoption hearings
2.2.3 Final Design Standards
Our last phase of work in preparing the design standards will follow final hearings by the Planning Commission and City Council. Based on direction in these meetings, PlaceWorks will prepare the final CityWide Design Standards, incorporating into the document any edits as directed in the hearings.
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Project Approach
26 CITY OF GLENDORA • Objective Design Standards for Zoning Code and Specific Plans Deliverable(s):
» Final design standards, code and specific plan amendments, as adopted by City Council
2.2.4 User’s Guide (optional)
As an optional task, we can produce an easy-to-read, graphically illustrated handout to describe the use of design standards for applicants, staff, and decision makers. We will determine with City staff the most effective format for this handout. For example, for the City of Wildomar, we produced a simple checklist that can be used by both city staff and applicants when evaluating projects permitted under the objective design standards. Wildomar intends to include this checklist as part of the application forms developers will be required to fill out when submitting a project. Alternately, we can create a more public-facing, infographic-style handout that summarizes the design standards and can be used to promote the new housing policies and opportunities. This infographic could potentially be a single-page handout, suitable for enlarging to postersize display at the permit counter.
Deliverable(s):
» Applicant design standards handouts
TASK 3. COMMUNITY ENGAGEMENT
3.1 Outreach Program
As requested in the RFP, PlaceWorks will coordinate the community outreach to share the design standards with the public and other stakeholders. To organize our outreach strategy with City staff, we will prepare an outreach program shortly after the kick-off meeting. This outreach program will identify appropriate stakeholders and a schedule for engaging those stakeholders in meetings and/or workshops. The program will align with the overall project schedule and illustrate how community input will inform the delivery of the project as a whole. This program will confirm or modify as necessary the series of ala carte outreach events described in Subtask 3.2.
Deliverable(s):
» Community outreach plan and schedule
3.2 Outreach Efforts
One-on-One Interviews
To initiate our outreach efforts, we recommend a series of one-onone conversations with key policy makers in the city, namely Planning Commissioners and/or City Councilmembers. Our questions and Item #13. Page 80
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Proposal for Services • PLACEWORKS 27
dialogue with them will be focused on their perceptions and desires for the city’s development landscape and potential. We will also invite them to share their history and experience with the City’s development review process. If desired by the City, we can include a limited number of Glendora developers in our interviews. Though these conversations might be wide ranging and could venture off the strict topic of design standards, they can be helpful in framing the context, challenges, and opportunities for our work. We will of course share all the input we receive with City staff. We propose to conduct these interviews concurrently with our research during Task 2.
Survey
An online survey can be a useful tool to engage the broader public in the topic of design standards. This survey can be structured to ask useful questions to inform the development of the standards. For example, it can be a visual preference survey to identify desired architectural styles and/or can ask multiple-choice questions regarding desired amenities in multifamily developments. We recommend launching the survey shortly after we initiate the project, both to build project awareness and to solicit input over multiple months. The survey will likely close at the conclusion of Task 2.2.1 and completion of the administrative draft standards. Such a survey can be linked from a project-specific website and QR codes on flyers posted at the permit counter, library, and other public service locations. We typically design online surveys to be mobile friendly and therefore easily accessed by applicants and citizens while they are waiting for public services.
Workshops
We have found in recent work on similar design guidelines and standards that the general public has limited interest in the topic so long as the proposed design standards do not modify existing development capacity, potential building scale, or heights.
However, local builders, architects, and developers active in the city often have strong interest in this topic. We recommend convening this group for at least two outreach workshops. Some cities have a standing ad hoc committee or tradition of bringing this group together to solicit input on various community development topics, and this ad hoc committee would be an appropriate venue for a workshop. With this group identified, we anticipate that two workshops with them will be necessary. The first will introduce the overall project, objectives, and preliminary recommendations during the first phase of Subtask
2.2.1, and the second workshop will review draft design standards following Subtask 2.2.2 and prior to adoption hearings.
City of Murrieta Online Survey
https://storymaps.arcgis.com/stories
/55daa6e729c14fecae285e944067e
cf3
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Project Approach
28 CITY OF GLENDORA • Objective Design Standards for Zoning Code and Specific Plans We have also budgeted for two similar workshops to be held with the broader public; although, as mentioned above, we find that this topic does not typically generate strong interest from the general public. As we develop the outreach program (Task 3.1), we propose to discuss with City staff the best use of this time.
Additionally, we assume that at least two of these workshops may be conducted online, given the convenience many people find in online meetings.
Open House
Following completion of the public review draft (Task 2.2.2) is the appropriate time to host a general public open house. At this stage, the project team, including City staff, will have solid recommendations and compelling visuals to share with the community. We presume that City staff will arrange for an appropriate location, such as the Library, to host a gallery-style open house. PlaceWorks will prepare appropriate posters and illustrative graphics and will attend the open house event.
Planning Commission / City Council Workshops
Following completion of the public review draft (Task 2.2.2) and other outreach events through the open house, we will prepare for a workshop with the Planning Commission and City Council. At this meeting, the policy makers will be given an opportunity to review and comment on the public review draft as well as consider all the input provided during the public outreach.
We presume that any meetings with Planning Commission and City Council will be held in person at one of their regularly scheduled hearings.
Deliverable(s):
» One-on-one interview scripts and interview notes
» Agendas and presentation materials for in-person and online workshops
» Coordination and facilitation of online workshops
» Open house posters and visual materials.
» Presentation of standards for Planning Commission and/or City Council workshop
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TASK 4. CEQA
The RFP presumes that a Negative Declaration (ND) or Mitigated Negative Declaration (MND) will be required to support adoption of the proposed design standards and associated amendments. We are prepared to support the City in this fashion if necessary. However, we believe it is possible the proposed scope of work may qualify for an exemption from environmental review, pursuant to State CEQA Guidelines Section 15061(b)(3) “Common Sense Exemption.” Nothing in the RFP suggests the City is entertaining a change in allowable uses, permitted residential densities, or other standards that would increase the severity of impacts analyzed by the General Plan EIR or Specific Plan EIRs. In fact, insofar as the proposed scope of work is focused on preparing design standards, the project will arguably establish more restrictive standards on potential development in the city. Accordingly, we expect that the City may be able to adopt the proposed design standards and associated specific plan and code amendments with a CEQA exemption, and we will assist the City in making such findings. Our proposed budget reflects this position, although we are reserving funds in a CEQA line-item in the event further analysis during the project scope proves further CEQA study is necessary.
Deliverable(s):
» Assistance in preparing CEQA exemption findings pursuant to Section 15061(b)(3)
TASK 5. PUBLIC HEARINGS AND ADOPTION
5.1 Public Workshops
We have accounted for up to 4 public workshops in Task 3.2 above.
5.2 Public Hearings
PlaceWorks will attend and present at public hearings with the Planning Commission and City Council to review and adopt the design standards. We will assist the City in preparing staff reports in addition to preparing presentation material for the hearings.
Deliverable(s):
» Presentation of design standards at up to 4 public adoption hearings with Planning Commission and/or City Council
» Assistance with Planning Commission and City Council staff reports Item #13. Page 83
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Project Approach
30 CITY OF GLENDORA • Objective Design Standards for Zoning Code and Specific Plans
PROJECT SCHEDULE
TASK START DATE
END DATE
Task 1 Project Administration January 2023
December 2023
1.1 > Project Kick-Off January 9, 2023
1.2 > Project Coordination January 2023
December 2023
1.3 > City Tour February 6, 2023
Task 2 Create ODS January 2023
December 2023
Task 2.1 Review and Evaluate Current Standards January 2, 2023 February 17, 2023
Task 2.2 Draft and Adopt ODS January 16, 2023
December 30, 2023
2.2.1 > Admin Draft January 16, 2023
April 14, 2023
2.2.2 > Public Review Draft April 17, 2023
July 14, 2023
2.2.3 > Final Design Standards July 17, 2023
December 30, 2023
2.2.4 > User's Guide August 1, 2023
December 30, 2023
Task 3 Community Engagement January 23, 2023
December 30, 2023
3.1 > Outreach Program January 23, 2023
January 30, 2023
3.2 > Outreach Efforts February 1, 2023
December 30, 2023
> One-on-One Interviews January 23, 2023
February 3, 2023
> Survey February 15, 2023
June 15, 2023
> Workshops
February 20, 2023
March 3, 2023
June 28, 2023-
July 17, 2023
> Open House June 28, 2023
> PC/CC Workshops July 17, 2023
August 4, 2023
Task 4 Environmental Review/CEQA August 1, 2023
October 1, 2023
Task 5 Public Hearings and Adoption October 1, 2023
December 15, 2023
Dates are approximate to the “week of”
“PlaceWorks’ project
managers have consistently
communicated complex
schedules, efficiently, timely
managed tasks, and
provided accurate and up-todate accounting information on their budgets. I highly
recommend their services.”
— Larry Mainez
Community Development Director,
City of Highland
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REQUIRED CITY ASSISTANCE
We anticipate that the City will need to provide us with native graphic files (in Word, InDesign or similar graphic software) to facilitate edits of the two Specific Plans.
COMMUNICATION WITH CITY
As described in Task 1 of our Scope of Work, our standard project management procedures include a standing bi-weekly meeting between our team and the City team. Occurring throughout the duration of the project (and rescheduled with mutual agreement if necessary), a bi-weekly check-in maintains a regular and consistent line of communication. These standing meetings are ideally suited to Zoom, Teams, or other online communication tools. Oftentimes, our project manager may need to schedule a brief call or meeting with the City’s project manager to resolve detailed tasks and deliverables that either do not need to include a larger team or need to be addressed in between the bi-weekly meetings. Additionally, we make amble use of Sharepoint, OneDrive, and other cloud platforms to share work products with our clients. Of course, as needed, our team is willing to meet in person.
SUBCONSULTANTS
PlaceWorks is not proposing any subconsultants for this project.
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Project Approach
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CONTRACT
EXCEPTIONS
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CONTRACT EXCEPTIONS
PlaceWorks’ Contracts Manager has reviewed RFP Attachment A. Agreement for Contract Services in its entirety, and we have no exceptions to list.
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PEOPLE
PROCESS
PRODUCT
Stakeholder
Interviews
Charrettes & Workshops Developer Roundtables Mobile Outreach Research & Analyze Collaborate
Vision Original Data Files
THE PLACEWORKS TEAM
Envision
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Property & Business Owners
Open Houses &
Websites, Social Media Public Hearings
& Traditional Notices
People:
The PlaceWorks Team believes
in collaboration and community
engagement every step of the
way—from the assessment of
current conditions and needs, to
exploration of opportunities for the
future, to confirmation of preferred
visions, development plans, and
implemantation strategies and codes.
The PlaceWorks Team works through
multiple methods to include as many
people as possible.
Process:
The PlaceWorks Team is effective at
completing projects on time and under
budget.
We establish clear procedures and
protocols to ensure that the work the
program addresses all objectives and
expected outcomes and coordinates
with concurrent Client initiatives.
Product:
The PlaceWorks Team is dedicated
to providing clients with reliable and
effective products. This means that for
each deliverable work product we will
provide the Client with electronic files
for all publications.
Local Stakeholders
Document Review & Strategize Present
Environmental
Impact Report
Specific Plan
+Plans
+Maps/Diagrams
+Graphics/
Illustrations
+Tables/Charts
+Performance
Evaluations
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Los Angeles Office
700 S. Flower Street, Suite 600, Los Angeles CA 90017
213.623.1443
PLACEWORKS.COM
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APPROVE A CONTRACT WITH PLACEWORKS, INC. TO PREPARE OBJECTIVE
DESIGN STANDARDS FOR THE ZONING CODE, THEREBY REPLACING EXISTING
SUBJECTIVE DESIGN GUIDELINES AND PREPARE ACCOMPANYING CEQA DOCUMENTS (FILE NO. PLN22-0042).
Community Development Department
City Council
May 9, 2023
Hans Friedel, AICP, Principal Planner CityOfGlendora.org Item #13. Page 93
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Request
That the City Council:
1. Approve a contract with PlaceWorks, Inc. to prepare objective design standards for residential, commercial, and qualifying mixed use development types for the zoning code (and specific area plans), thereby replacing existing subjective design guidelines and prepare the accompanying environmental determination documents for an amount not to exceed $136,500 plus a 10% contingency of $13,650, for a total not-to-exceed amount of $150,150 (File No. PLN22-0042).
2. Approve an appropriation from the General Plan Maintenance Fund (263) in the amount of $150,150.
3. Authorize the City Manager or their designee to execute the agreement including minimal and non-substantive changes.
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Background
§ California State Law requires objective design standards for qualifying residential and mixeduse developments. § Glendora currently has a mixture of objective and subjective design standards for distributed throughout the Zoning Code and Specific Plans.
§ Objective design standards are written as requirements, rather than guidelines; therefore, all residential and mixed-use projects applying under Housing Accountability Act (HAA) protections shall comply with each standard. Importantly, objective design standards regulate site and structure design only.
§ Creating objective design standards was also a City commitment under SB 2 Grant (Task 2). 3 Item #13. Page 95
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Goals
§ Achieve compliance with State law
§ Have one set of objective design standards that replace the current distributed format
§ Expand design standards beyond just qualifying residential and mixed use to all development types
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Request For Proposals (RFP) Process
§ There was a competitive RFP process with four qualified firms submitting § The proposals were scored by a panel of four which included interviews and reference checks
§ Staff recommended moving forward with PlaceWorks as they received the best overall evaluation
§ The work will take about one year and include public engagement § The final documents will come through and be reviewed by Planning Commission for a recommendation and adoption will be by the City Council 5 Item #13. Page 97
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Contract Award Request
§ This contract award request includes the following amounts and sources 6 Use of Fund Source Amount
Objective Design Standards General Plan Maintenance Fund 263 $136,500.00 Contingency (10%) General Plan Maintenance Fund 263 $ 13,650.00 Total Appropriation Requested $150,150.00
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Recommendation
1. Approve a contract with PlaceWorks, Inc. to prepare objective design standards for residential, commercial, and qualifying mixed use development types for the zoning code (and specific area plans), thereby replacing existing subjective design guidelines and prepare the accompanying environmental determination documents for an amount not to exceed $136,500 plus a 10% contingency of $13,650, for a total not-to-exceed amount of $150,150 (File No. PLN22-0042).
2. Approve an appropriation from the General Plan Maintenance Fund (263) in the amount of $150,150.
3. Authorize the City Manager or their designee to execute the agreement including minimal and non-substantive changes.
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STAFF REPORT
TO: MAYOR AND COUNCIL MEMBERS DATE: MAY 9, 2023
FROM: PUBLIC WORKS DISTRICT(S): CITYWIDE
SUBJECT: CONSIDERATION OF RESOLUTIONS RELATING TO THE LEVY OF FISCAL YEAR 2023- 2024 ASSESSMENT IN CONNECTION WITH THE LANDSCAPE MAINTENANCE DISTRICT NO. 1
RECOMMENDATION
That the City Council:
1. Adopt a City Council Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GLENDORA, CALIFORNIA, INITIATING PROCEEDINGS FOR THE ANNUAL ASSESSMENT LEVY, WITH RESPECT TO THE LANDSCAPE MAINTENANCE DISTRICT NO. 1 FOR THE FISCAL YEAR 2023-24 PURSUANT TO THE PROVISIONS OF PART 2 OF DIVISION 15 OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA;”
2. Adopt a City Council Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GLENDORA, CALIFORNIA, APPROVING THE PRELIMINARY ENGINEER’S REPORT FILED WITH RESPECT TO THE FISCAL YEAR 2023-24 LEVY OF THE ASSESSMENT IN CONNECTION WITH CITY OF GLENDORA LANDSCAPE MAINTENANCE DISTRICT NO 1;” and
3. Adopt a City Council Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GLENDORA, CALIFORNIA, STATING ITS INTENTION TO LEVY THE ASSESSMENT FOR FISCAL YEAR 2023-24 IN CONNECTION WITH CITY OF GLENDORA LANDSCAPE MAINTENANCE DISTRICT NO. 1 AND SETTING A PLACE AND TIME FOR A PUBLIC HEARING ON SUCH ASSESSMENT.”
EXECUTIVE SUMMARY
Each fiscal year, the City levies and collects special assessments for the City’s Landscape Maintenance District No. 1 (the “District”) to fund the provision of landscaping services such as grounds maintenance, tree service, irrigation repairs, plant/shrub maintenance and replacement, as well as litter removal.
Currently the District consists of seven zones.
Proposition 218 requires a property-owner protest hearing in order to determine whether a majority of the property owners subject to any increased assessment object to the same. This protest hearing only applies when the increased assessment exceeds the anticipated maximum permissible increase per assessment formula; for example, Consumer Price Index (“CPI”) increases.
As adopted by the City Council through resolution, the maximum authorized assessment rate for six of the seven zones may be adjusted annually as high as the ratio between March-to-March CPI for the Los Angeles-Long Beach-Anaheim Area for All Urban Consumers, but not to exceed 5%. Such increase, provided it is not greater than the authorized 5%, is not considered a rate increase and the City Council can levy the annual assessment without conducting a Proposition 218 protest hearing. The CPI ratio from March 2022 to March 2023 was 3.65%. This will apply to the zones that allow for CPI adjustment. The one zone with no CPI adjustment will remain the same.
In order to submit the assessments to Los Angeles County for placement on property tax bills, the City is required by law to follow certain steps, including the adoption of three resolutions at this time for Fiscal Item #14. Page 1
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Staff Report Page 2 of 12
Year (FY) 2023-24. The resolutions are laid out using information and data provided by an outside consultant, Willdan Financial Services, who prepares the required Engineer’s Report for the City, and ensures that the City meets all regulations in regard to these assessments.
Two additional resolutions will then be submitted for consideration during a public hearing scheduled for June 13, 2023, during the regularly scheduled City Council meeting. The first of these resolutions will approve the final engineer’s report and the second will approve the levy and collection of assessments.
Staff recommends that the City Council adopt the necessary resolutions to: (1) initiate the proceedings for the annual assessment levy; (2) approve the preliminary engineer’s report for FY 2023-24; and (3) state its intention to levy the assessment for FY 2023-24.
LEGISLATIVE HISTORY / PREVIOUS ACTIONS
The Landscaping and Lighting Act of 1972 permits cities to establish assessment districts for the purpose of installing and/or constructing new public improvements or servicing and maintaining certain existing public improvements within the proposed district. The City of Glendora established its first Landscape and Streetlight Maintenance District in 1976.
The City Council adopted Resolution 03-20 on February 25, 2003, which allows for six of the seven remaining zones to be adjusted annually as high as the ratio between the March-to-March CPI for the Los Angeles-Long Beach-Anaheim Area for All Urban Consumers, but not to exceed 5%. Such an increase is thus not considered a rate increase and the City Council can levy the annual assessment without further approval by the property owners. The assessment rate for Zone 5 may not be adjusted by the CPI.
DISCUSSION
As mentioned, six of the seven remaining zones in the District may be adjusted annually as high as the ratio between March-to-March CPI for the Los Angeles-Long Beach-Anaheim Area for All Urban Consumers, but not to exceed 5%. CPI for March 2023 is 317.873 compared to 306.679 for March 2022 which equates to a rate increase of 3.65% per Equivalent Benefit Unit (EBU). Below are the landscape improvements and CPI information for each zone, as well as maps showing the levied parcels.
Item #14. Page 2
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Staff Report Page 3 of 12
Zone 1 – TR. 29765 / Highland Dr. & Oak Knoll Dr. – Landscape assessment area consisting of approximately 35,750ft2 of ground cover, shrubs and trees. CPI Adjustment – Yes Item #14. Page 3
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Staff Report Page 4 of 12 Item #14. Page 4
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Staff Report Page 5 of 12
Zone 4 – TR. 33489 / Glendora Mountain Rd. & E. Palm Dr. – Landscape assessment area consisting of approximately 55,860ft2 of ground cover, shrubs and trees. CPI Adjustment – Yes Item #14. Page 5
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Staff Report Page 6 of 12
Zone 5 – TR. 34114 / E. Hampton St. & E. Gladstone St./S.Sunflower Ave. – Landscape assessment area consisting of approximately 5,600ft2 of ground cover, shrubs and trees, divided by the wash. CPI Adjustment – No
Item #14. Page 6
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Staff Report Page 7 of 12
Zone 7 – TR. 37637 / N. Loraine Ave. & E. Palm Dr. – Landscape assessment area consisting of three (3) median islands on Lorraine with approximately 5,397ft2 of ground cover. CPI Adjustment – Yes Item #14. Page 7
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Staff Report Page 8 of 12
Zone 8 – TR. 43011 / Glendora Mountain Rd. & Boulder Springs Dr. – Landscape assessment area consisting of approximately 22,378ft2 of ground cover, shrubs and trees. CPI Adjustment – Yes Item #14. Page 8
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Staff Report Page 9 of 12
Zone 12 – TR. 44069 / Glendora Bougainvilleas & 437 E. Bennett Ave. – Landscape assessment area consisting of twenty-three (23) trellised bougainvillea. CPI Adjustment – Yes Item #14. Page 9
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Staff Report Page 10 of 12
Zone 16 – Hidden Springs Ln. (Glendora Mountain Road and Sierra Madre) – Landscape assessment area consisting of approximately 8,800ft2of shrubs including one (1) median island on Fountain Springs Lane and one (1) median island on Hidden Springs Lane with ground cover. CPI Adjustment - Yes Item #14. Page 10
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Staff Report Page 11 of 12
The table below shows the levies per equivalent benefit unit (EBU) for FY2022-2023 compared to the previous year’s levy. All EBU’s within this District are individual parcels. Maps of the levied parcels included.
Zone No. & Name/Location FY2022-2023
Levy/EBU
FY2023-2024
Levy/EBU
Differenc
e
1 – TR. 29765 / Highland Dr. & Oak Knoll Dr. $484.47 $502.15 $17.68 4 – TR. 33489 / Glendora Mountain Rd. & E. Palm Dr. $346.26 $358.89 $12.63 5 – TR. 34114 / E. Hampton St. & E. Gladstone St./S. Sunflower Ave. $75.00 $75.00 $0
7 – TR. 37637 / N. Loraine Ave. & E. Palm Dr. $37.63 $38.99 $1.36 8 – TR. 43011 / Glendora Mountain Rd. & Boulder Springs Dr. $205.58 $213.07 $7.49 12 – TR. 44069 / Glendora Bougainvilleas & 437 E. Bennett Ave. $135.32 $140.26 $4.94 16 – Hidden Springs Ln. $53.70 $55.66 $1.96
In order to meet the requirements to submit the assessments to the County for placement on the property tax bills, the City is required by law to follow certain steps, including the adoption of three resolutions at this time for Fiscal Year (FY) 2022-23. The resolutions are laid out using information and data provided by an outside consultant, Willdan Financial Services, who prepares the required Engineer’s Report for the City, and ensures that the City meets all regulations in regard to these assessments.
Outlined below are the resolutions needed to complete those steps:
Resolution initiating proceedings for the annual assessment levy (Attachment B). o This resolution initiates proceedings to levy and collect assessments against the parcels within the District for Fiscal Year 2023-24 to pay for the costs of the landscape maintenance in connection with the assessment district. Through the resolution, the City Council directs the City Engineer to prepare and file with the City Clerk a report with respect to the Fiscal Year 2023-24 levy of the assessment in connection with the District. Such report shall comply with all requirements of the Assessment Law and Article XIIID of the California Constitution. Willdan Financial Services have prepared the report.
Resolution approving the Preliminary Engineer’s Report filed with respect to the Fiscal Year 2023- 24 levy of the assessment in connection with Landscape Maintenance District No 1 (Attachment D).
o The Preliminary Engineer’s Report is prepared pursuant to Chapter 1, Article 4 and Chapter 3 of the 1972 Act. Any changes to the Engineer’s Report as a result of any Council discussion during this meeting will be incorporated into the final Engineer’s Report presented at the Public Hearing.
Resolution stating its intention to levy the assessment for Fiscal Year 2023-24 and setting a time and place for a public hearing on such assessments (Attachment C). o This resolution provides the distinctive designation of the District as “City of Glendora Landscape Maintenance District No. 1” and the boundaries of the District may be described as including the aforementioned Zones 1, 4, 5, 7, 8, 12 and 16 within the City.
Two additional resolutions will then be submitted for consideration during a public hearing scheduled for June 13, 2023, during the regularly scheduled City Council meeting. The first of these resolutions will approve the final engineer’s report and the second will approve the levy and collection of assessments.
The public hearing is the last step before submitting the assessments to Los Angeles County before the deadline at the beginning of August. All material and resolutions need to be submitted to the Los Angeles County by early August for them to ensure their placement upon the appropriate property tax bills.
FISCAL IMPACT
Fund Landscape Assessment Funds (202B) and collected levies are restricted for paying the annual cost Item #14. Page 11
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Staff Report Page 12 of 12
of the landscape district operations and maintenance. Funds not used in any given year are reserved for potential future annual shortages between the levy and its respective costs. Zones currently operating at a deficit subsidized other funds such as the General Fund.
Zone No. & Name/Location Levy Deposit
Account
Maximum
Levy
Allowed
Total
Costs Difference
1 – TR. 29765 / Highland Dr. & Oak Knoll Dr. 202B.56500.01 $5,021.57 $5,667 ($645) 4 – TR. 33489 / Glendora Mountain Rd. & E.
Palm Dr. 202B.56500.03 $11,125.95 $10,802 $324
5 – TR. 34114 / E. Hampton St. & E. Gladstone
St./S. Sunflower Ave. 202B.56500.05 $600.00 $3,698 ($3,098) 7 – TR. 37637 / N. Loraine Ave. & E. Palm Dr. 202B.56500.13 $1,287.19 $1,799 ($513) 8 – TR. 43011 / Glendora Mountain Rd. &
Boulder Springs Dr. 202B.56500.08 $7,031.87 $7,077 ($46) 12 – TR. 44069 / Glendora Bougainvilleas & 437
E. Bennett Ave. 202B.56500.11 $11,922.85 $14,679 ($2,757) 16 – Hidden Springs Ln. 202B.56500.19 $7,014.10 $8,798 ($1,785) Total $44,000.33 $52,520 ($8,520)
ENVIRONMENTAL DETERMINATION
N/A
Prepared By Andrea Miller, Landscape/Contracts Supervisor Concurs With Not Applicable
Reviewed By Michael Sledd, Assistant Public Works Director Certified to Availability of Funds Marie Ricci, Administrative Services Director/City Treasurer Approved By Adam Raymond, City Manager
Legal Review William W. Wynder, City Attorney
CEQA Review Not Applicable
ATTACHMENTS:
A. Preliminary Engineer’s Report
B. Resolution Initiating Proceedings
C. Resolution Approving Preliminary Engineer’s Report
D. Resolution of Intent
E. Presentation
Item #14. Page 12
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CITY OF GLENDORA
Engineer’s Report
Landscape Maintenance District No. 1
Engineer’s Annual Report
Fiscal Year 2023/2024
Intent Meeting: May 9, 2023
Public Hearing: June 13, 2023
CITY OF GLENDORA
116 E. FOOTHILL BLVD
GLENDORA, CA 91741
27368 Via Industria
Suite 200
Temecula, CA 92590
T 951.587.3500 | 800.755.6864
F 951.587.3510
www.willdan.com
Item #14. Page 13
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ENGINEER'S REPORT AFFIDAVIT
City of Glendora
Landscape Maintenance District No. 1
Annual Levy of Assessments for
Fiscal Year 2023/2024
City of Glendora,
County of Los Angeles, State of California
As part of the Resolution of Intention packet presented for the consideration of the Glendora City Council, this Report and the enclosed budgets, diagrams, and descriptions outline the improvements, estimated expenses and annual assessments to be collected on the County tax rolls in fiscal year 2023/2024 for the Landscape Maintenance District No. 1, which includes each lot, parcel, and subdivision of land within said District, as the same existed at the time of the passage of the Resolution of Intention. Reference is hereby made to the Los Angeles County Assessor’s maps for a detailed description of the lines and dimensions of each parcel within the Landscape Maintenance District No. 1 and incorporates all subsequent subdivisions, lot-line adjustments, or parcel changes therein. The undersigned respectfully submits the enclosed Report as directed by the City Council.
Dated this ________ day of ______________, 2023.
Willdan Financial Services
Assessment Engineer
On Behalf of the City of Glendora
By: ________________________________
Stacee Reynolds
Principal Consultant
By: ________________________________
Tyrone Peter
PE # C 81888
Item #14. Page 14
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Table of Contents
INTRODUCTION............................................................................................................. 1 REPORT CONTENT AND ANNUAL PROCEEDINGS.......................................................... 1 I. PLANS AND SPECIFICATIONS ................................................................................ 3 IMPROVEMENT AUTHORIZED BY THE 1972 ACT............................................................. 3 ZONES OF BENEFIT............................................................................................................ 4 IMPROVEMENTS AND SERVICES WITHIN THE DISTRICT ............................................... 4 DESCRIPTION OF IMPROVEMENTS................................................................................... 5 LANDSCAPE IMPROVEMENTS........................................................................................... 5 II. METHOD OF APPORTIONMENT .............................................................................. 7 LEGISLATIVE AUTHORITY AND PROVISIONS.................................................................. 7 BENEFIT ANALYSIS ............................................................................................................ 8 SPECIAL BENEFIT............................................................................................................... 8 GENERAL BENEFIT............................................................................................................. 8 ASSESSMENT METHODOLOGY......................................................................................... 9 MAXIMUM PERMISSIBLE ASSESSMENT..........................................................................10 III. ESTIMATE OF COSTS............................................................................................ 11 CALCULATION OF ASSESSMENTS.................................................................................11 ZONE BUDGETS AND ASSESSMENTS ...........................................................................11 ASSESSMENT RANGE FORMULA ...................................................................................13 IV. ASSESSMENT ROLL ............................................................................................. 14 V. DISTRICT DIAGRAMS............................................................................................ 15 DISTRICT DIAGRAMS – BOUNDARY AND ZONES, FISCAL YEAR 2023/2024 ..............16 Item #14. Page 15
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Landscape Maintenance District No. 1
Engineer’s Report
Fiscal Year 2023/2024
Introduction
The City of Glendora, County of Los Angeles, State of California (the “City”), under the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code (the “1972 Act”) and the provisions of the California Constitution Article XIII D (the “Constitution”), annually levies and collects special assessments for the City’s maintenance assessment district designated as:
Landscape Maintenance District No. 1
(hereafter referred to as the “District”), and established the maximum assessments determined to be necessary to support and maintain various landscaping improvements that will provide special benefits to properties within the District which includes all lots and parcels of land within the District.
In accordance with the 1972 Act, the District utilizes benefit zones (“Zones”) to address variations in the nature, location, and extent of the improvements that provide special benefits to parcels in the District. Within the boundaries of the District, parcels are assigned to various Zones each of which is associated with a set of improvements and/or type of improvements that provide special benefit to properties within that Zone.
As of Fiscal Year 2023/2024, the District is comprised of seven zones.
REPORT CONTENT AND ANNUAL PROCEEDINGS
This Engineer’s Annual Report (the “Report”) has been prepared pursuant to Chapter 1, Article 4 and Chapter 3 of the 1972 Act, and presented to the City Council for their consideration and approval of the proposed improvements and services to be provided within the District and the levy and collection of annual assessments related thereto for fiscal year 2023/2024.
This Report outlines the District structure, the improvements, and the proposed assessments to be levied in connection with the special benefits the properties receive from the maintenance and servicing of the District improvements for fiscal year 2023/2024. The annual assessments to be levied on properties within the District provide funding for the continued operation and maintenance of the landscaping improvements within the District and zones of benefit (“Zones”) established herein, which provide special benefits to the properties within the District and each respective Zone.
To adequately provide and fund the landscaping improvements constructed and installed in connection with the development of properties within the District for fiscal year 2023/2024, the City Council has determined that it is appropriate and, in the public’s, best interest to levy annual assessments on the County tax rolls for the benefit of properties therein to fund the estimated special benefit improvement costs that are considered necessary to maintain and service the improvements.
Each Zone outlined in this Report is a reflection of the various improvements and the types of improvements and services to be provided by the District for the properties that are directly associated with and benefit from those improvements. The net annual cost to provide the improvements in each Zone is based on the various improvements and the types of improvements and services to be provided by the District for the properties that are directly associated with and benefit from those improvements and the net cost of providing those improvements and services are allocated to the benefiting properties within the Zones using a weighted method of apportionment (refer to Assessment Methodology in Section II, Method of Apportionment) that calculates the proportional special benefit and assessment for each parcel as compared to other properties that benefit from the District improvements and services. The improvements to be Item #14. Page 16
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Landscape Maintenance District No. 1
Engineer’s Report
Fiscal Year 2023/2024
provided by the District and the assessments described herein are made pursuant to the 1972 Act and the provisions of the California Constitution and the District shall incorporate each parcel that receive special benefits from those improvements.
The estimated cost of the improvements and the proposed annual assessments budgeted and assessed against properties within the District and each respective Zone may include, but are not limited to the estimated expenditures for regular annual maintenance and repairs; incidental expenditures related to the operation and administration of the District; the collection of funds for operational reserves or for periodic maintenance and improvement rehabilitation projects; deficits or surpluses from prior fiscal years; and revenues from other sources as authorized by the 1972 Act. Each parcel is to be assessed proportionately for only those improvements, services and expenses for which the parcel receives special benefit. Each fiscal year, the City shall establish the District’s assessments based on an estimate of the costs to maintain, operate and service the improvements for that fiscal year and available revenues including fund balances, general benefit contributions, any additional contributions from other revenue sources, and the assessment limits established for the District and Zones.
The word “parcel,” for the purposes of this Report, refers to an individual property assigned its own Assessor’s Parcel Number (“APN”) by the Los Angeles County Assessor’s Office. The Los Angeles County Auditor/Controller uses Assessor’s Parcel Numbers and specific Fund Numbers to identify properties to be assessed on the tax roll for the District assessments.
At a noticed annual Public Hearing, the City Council will accept all public comments and written protests regarding the District and the annual levy of assessments. Based on those public comments and written protests, the City Council may order amendments to the Report or confirm the Report as submitted. Following final approval of the Report and confirmation of the assessments the Council will, by Resolution, order the improvements to be made and confirm the levy and collection of assessments for fiscal year 2023/2024 pursuant to the 1972 Act. The assessments as approved will be submitted to the Los Angeles Auditor/Controller to be included on the property tax roll for each parcel.
As required by the 1972 Act, this Engineer’s Report describes the improvements to be provided, maintained and serviced by the District, an estimated budget for the District improvements, and the proposed assessments to be levied upon each assessable lot or parcel within the District for fiscal year 2023/2024.
If any section, subsection, sentence, clause, phrase, portion, zone, or subzone of this Report is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions of the Report and each section, subsection, subdivision, sentence, clause, phrase, portion, zone, or subzone thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, portions, zones, or subzones might subsequently be declared invalid or unconstitutional.
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Landscape Maintenance District No. 1
Engineer’s Report
Fiscal Year 2023/2024
I. Plans and Specifications
IMPROVEMENT AUTHORIZED BY THE 1972 ACT
• As applicable or may be applicable to this District, the 1972 Act defines improvements to mean one or any combination of the following:
• The installation or planting of landscaping.
• The installation or construction of statuary, fountains, and other ornamental structures and facilities.
• The installation or construction of public lighting facilities. • The installation or construction of any facilities which are appurtenant to any of the foregoing, or which are necessary or convenient for the maintenance or servicing thereof, including, but not limited to, grading, clearing, removal of debris, the installation or construction of curbs, gutters, walls, sidewalks, or paving, or water, irrigation, drainage, or electrical facilities.
• The maintenance or servicing, or both, of any of the foregoing. • The acquisition of any existing improvement otherwise authorized pursuant to this section.
• Incidental expenses associated with the improvements including, but not limited to:
• The cost of preparation of the report, including plans, specifications, estimates, diagram, and assessment;
• The costs of printing, advertising, and the publishing, posting, and mailing of notices; • Compensation payable to the County for collection of assessments; • Compensation of any engineer or attorney employed to render services; • Any other expenses incidental to the construction, installation, or maintenance and servicing of the improvements;
• Any expenses incidental to the issuance of bonds or notes pursuant to Section 22662.5.
• Costs associated with any elections held for the approval of a new or increased assessment.
• The 1972 Act defines "Maintain" or "maintenance" to mean 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. • The cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti.
Item #14. Page 18
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Landscape Maintenance District No. 1
Engineer’s Report
Fiscal Year 2023/2024
ZONES OF BENEFIT
The 1972 Act permits the establishment of assessment districts by agencies for the purpose of providing various landscaping improvements, including the acquisition, construction, installation, maintenance, and servicing of those improvements and related facilities. In addition, to ensure an appropriate allocation of the estimated costs to provide various improvements based on proportional special benefits, landscaping districts often times include benefit zones (“Zones”) as authorized pursuant to Chapter 1 Article 4, Section 22574 of the 1972 Act:
“The diagram and assessment may classify various areas within an assessment district into different zones where, by reason of variations in the nature, location, and extent of the improvements, the various areas will receive differing degrees of benefit from the improvements.
A zone shall consist of all territory which will receive substantially the same degree of benefit from the improvements.”
While the California Constitution requires that “The proportionate special benefit derived by each identified parcel shall be determined in relationship to the entirety of the capital cost of a public improvement or the maintenance and operation expenses of a public improvement…”; it is reasonable to conclude that certain landscaping improvements may benefit the majority of the parcels within a district if not all properties, while other improvements may only provide special benefits to specific parcels, developments or portions of the district (particularly in larger districts).
In addition, some improvements within a district and/or the costs associated with various public improvements are identified as providing some measure of general benefit and because these general benefit costs cannot be assessed, the overall cost of those improvements may be proportionately allocated as both special benefits and general benefit.
In accordance with the 1972 Act, it has been determined that it is appropriate and necessary to establish benefit zones (Zones) within this District to be designated in the table above. The boundaries, of each Zone is established based on the location, extent and types of improvements or similarities in the types of improvements being maintained through the District assessments as well as the particular and distinct benefits the various developments and properties derive from those improvements based on proximity to those specific improvements and the nexus between the development of the properties that required or facilitated the installation of those improvements. While some improvements may be specifically associated with specific development areas or parcels within the District, many improvements may reasonably be considered shared improvements because the overall development of the properties in the area required or necessitated those improvements. In such cases, the special benefits and cost of providing such improvements are proportionately shared by parcels in each Zone.
The net annual cost to provide the improvements for each Zone is allocated to the benefiting properties within that Zone using a weighted method of apportionment (refer to Assessment Methodology in Section II, Method of Apportionment) that calculates the proportional special benefit and assessment for each parcel as compared to other properties that benefit from the District improvements and services. The following is a brief description and summary of the Zones and improvements associated within each Zone. A visual depiction of the location and extent of the improvements and Zone boundaries are provided in the District Diagrams of this Report.
IMPROVEMENTS AND SERVICES WITHIN THE DISTRICT
The purpose of the District is to fund the maintenance and servicing of parkway landscape improvements installed in connection with development of properties within the District.
There are seven (7) zones where the landscape is managed under the Landscape Maintenance District No. 1. These properties were included in the District as a condition of development to Item #14. Page 19
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Landscape Maintenance District No. 1
Engineer’s Report
Fiscal Year 2023/2024
maintain the parkway areas. At the time, in lieu of the homeowner association maintaining the public landscape, the developer agreed to be a part of the District and pay the annual assessment.
The territory within the District consists of all lots or parcels of land within the City of Glendora.
The purpose of this District is to provide in part through annual assessments, funding for the ongoing operation, maintenance, and servicing of landscaping improvements and services in various areas throughout the City. Improvements currently provided within the District generally include but are not limited to:
Landscape improvements such as mowing, pruning, shaping, and trimming of shrubs and trees, edging of ground cover areas, pest and weed control, supporting, and replacing trees as required, maintenance of tree wells, fertilization, mulching, watering, maintenance of sprinkler systems, disease, insect, and rodent control.
In accordance with the 1972 Act, the District utilizes Zones to address variations in the nature, location, and extent of the improvements that provide special benefits to parcels in the District.
Within the boundaries of the District, parcels are assigned to benefit zones each of which is associated with a set of improvements and/or type of improvements that provide special benefit to properties within that Zone.
In Fiscal Year 2023/2024 the District was comprised of the following:
Zone No. Location
1 TR. 29765 / Highland
4 TR. 33489 / GMR-Palm
5 TR. 34114 / Hampton
7 TR. 37637 /Loraine-Palm
8 TR. 43011 / GMR-BS
12 TR. 44069 / Glen Bougainvillea’s & 437 E. Bennett
16 Hidden Springs
DESCRIPTION OF IMPROVEMENTS
As authorized by the 1972 Act, the improvements provided by the District and associated with each Zone incorporate various landscaping improvements that are maintained and serviced for the benefit of real property within the District. The maintenance of the landscape improvements may also include various appurtenances that may include but is not limited to entry monuments; various types of fencing; retaining walls; ornamental lighting or other ornamental fixtures; signage; and irrigation, drainage, and electrical equipment. The work to be performed within each respective Zone may include but is not limited to (as applicable), the personnel, materials, equipment, electricity, water, contract services, repair and rehabilitation of the improvements and incidental expenses required to operate the District and provide the improvements and services for each Zone. The improvements provided within the District and for which parcels receive special benefits are generally described in the following.
LANDSCAPE IMPROVEMENTS
Zone 1, Highland and Oak Knoll – Landscape assessment area consisting of approximately 35,750 sqft of ground cover, shrubs and trees.
Item #14. Page 20
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Landscape Maintenance District No. 1
Engineer’s Report
Fiscal Year 2023/2024
Zone 4, Glendora Mountain Road and Palm Drive – Landscape assessment area consisting of approximately 55,860 sqft of ground cover, shrubs and trees.
Zone 5, Hampton and Gladstone – Landscape assessment area consisting of approximately 5,600 sqft of ground cover, shrubs and trees, divided by the wash.
Zone 7, North Lorraine and Palm Drive – Landscape assessment area consisting of three (3) median islands on Lorraine with approximately 5,397 sqft of ground cover.
Zone 8, Glendora Mountain Road and Boulder Springs – Landscape assessment area consisting of approximately 22,378 sqft of ground cover, shrubs and trees.
Zone 12, Glendora Bougainvilleas & 437 E. Bennet – Landscape assessment area consisting of twenty-three (23) trellised bougainvillea.
Zone 16, Hidden Springs (Glendora Mountain Road and Sierra Madre) – Landscape assessment area consisting of approximately 8,800 sqft of shrubs including one (1) median island on Fountain Springs Lane and one (1) median island on Hidden Springs Lane with ground cover.
Item #14. Page 21
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Landscape Maintenance District No. 1
Engineer’s Report
Fiscal Year 2023/2024
II. Method of Apportionment
LEGISLATIVE AUTHORITY AND PROVISIONS
1972 ACT
The 1972 Act permits the establishment of assessment districts by agencies for the purpose of providing certain public improvements, including the acquisition, construction, installation and servicing of landscaping improvements and related facilities. The 1972 Act requires that the cost of these improvements be levied according to benefit rather than assessed value:
Section 22573 defines the net amount to be assessed as follows:
“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.”
Section 22574 provides for zones as follows:
“The diagram and assessment may classify various areas within an assessment district into different zones where, by reason of variations in the nature, location, and extent of the improvements, the various areas will receive differing degrees of benefit from the improvements.
A zone shall consist of all territory which will receive substantially the same degree of benefit from the improvements.”
The formulas used for calculating assessments and the designation of Zones as established herein reflect the composition of parcels within the District and the improvements and activities to be provided, and have been designed to fairly apportion the cost of providing those improvements based on a determination of the proportional special benefits to each parcel, consistent with the requirements of the 1972 Act and the provisions of Article XIII D of the California Constitution (Proposition 218).
CALIFORNIA CONSTITUTION
The costs to operate and maintain the District improvements are identified and allocated to properties within each Zone within the District based on special benefit. The improvements provided and for which properties are to be assessed are identified as local landscaping improvements and related amenities that were installed in connection with the development of the properties and/or would otherwise be required for the development of properties within each respective Zone. The District assessments and method of apportionment is based on the premise that these improvements would otherwise not have been required without the development or planned development of those parcels.
Article XIII D Section 2d defines District as follows:
“District means an area determined by an agency to contain all parcels which will receive a special benefit from a proposed public improvement or property-related service”; Article XIII D Section 2i defines Special Benefit as follows:
“Special benefit” means a particular and distinct benefit over and above general benefits conferred on real property located in the district or to the public at large. General enhancement of property value does not constitute “special benefit.”
Item #14. Page 22
Meeting Date: 5/9/2023 / Packet Page #: 539
Landscape Maintenance District No. 1
Engineer’s Report
Fiscal Year 2023/2024
Article XIII D Section 4a defines proportional special benefit assessments as follows:
“An agency which proposes to levy an assessment shall identify all parcels which will have a special benefit conferred upon them and upon which an assessment will be imposed. The proportionate special benefit derived by each identified parcel shall be determined in relationship to the entirety of the capital cost of a public improvement, the maintenance and operation expenses of a public improvement, or the cost of the property related service being provided. No assessment shall be imposed on any parcel which exceeds the reasonable cost of the proportional special benefit conferred on that parcel.”
BENEFIT ANALYSIS
The improvements provided by this District and for which properties are assessed have been identified as necessary, desired and/or required for the orderly development of the properties within the District to their full potential, consistent with the development plans and applicable portions of the City’s General Plan.
SPECIAL BENEFIT
The ongoing maintenance of landscaped areas within the District provide aesthetic benefits to the properties within each respective Zone and a more pleasant environment to walk, drive, live, and work. The primary function of these landscape improvements and related amenities is to serve as an aesthetically pleasing enhancement and green space for the benefit of the immediately surrounding properties and developments for which the improvements were constructed and installed and/or were facilitated by the development or potential development of properties within the Zones. These improvements are an integral part of the physical environment associated with the parcels in each Zone and while some of these improvements may in part be visible to properties outside the Zone, collectively if these Zone improvements are not properly maintained, it is the parcels within the Zone that would be aesthetically burdened. Additionally, the street landscaping in these Zones serves as both a physical buffer between the roadways and the properties in the District/Zone and serve as a pleasant aesthetic amenity that enhances the approach to the parcels. As a result, the maintenance of these landscaped improvements provides particular and distinct benefits to the properties and developments within each Zone.
GENERAL BENEFIT
In reviewing the location and extent of the specific landscaped areas and improvements to be funded by District assessments and the proximity and relationship to properties to be assessed, it is evident these improvements were primarily installed in connection with the development of properties in each respective Zone or are improvements that would otherwise be shared by and required for development of properties in those Zones. It is also evident that the maintenance these improvements and the level of maintenance provided has a direct and particular impact (special benefit) only on those properties in proximity to those improvements and such maintenance beyond that which is required to ensure the safety and protection of the general public and property in general, has no quantifiable benefit to the public at large or properties outside each respective Zone.
Item #14. Page 23
Meeting Date: 5/9/2023 / Packet Page #: 540
Landscape Maintenance District No. 1
Engineer’s Report
Fiscal Year 2023/2024
ASSESSMENT METHODOLOGY
To calculate and identify the proportional special benefit received by each parcel and ultimately each parcel’s proportionate share of the improvement costs it is necessary to consider not only the improvements and services to be provided, but the relationship each parcel has to those improvements as compared to other parcels in the District.
Article XIIID Section 4a reads in part:
“…The proportionate special benefit derived by each identified parcel shall be determined in relationship to the entirety of the capital cost of a public improvement or the maintenance and operation expenses of a public improvement or for the cost of the property related service being provided. No assessment shall be imposed on any parcel which exceeds the reasonable cost of the proportional special benefit conferred on that parcel.” Landscaping improvements like most public improvements, provide varying degrees of benefit (whether they be general or special) based largely on the extent of such improvements, the location of the improvements in relationship to properties associated with those improvements.
To establish the proportional special benefit and ultimately the assessment obligation for each parcel, these factors need to be addressed and formulated in the method of apportionment by the use of benefit zones that reflect the extent and location of the improvements in relationship to the properties, as well as the specific use of the property and characteristics that reflects each parcel’s proportional special benefit as compared to other properties that benefit from those same improvements.
The method of apportionment (method of assessment) developed for this District is based on the premise that each of the property to be assessed receives a particular and distinct benefit (special benefit) from the improvements, services and facilities to be financed by the District assessments and to assess benefits equitably it is necessary to calculate each property’s relative share of the special benefits conferred by the funded improvements and service. The Equivalent Benefit Unit (EBU) method of assessment apportionment is utilized in this District and establishes a basic unit of benefit (base value) and then calculates the benefit derived by each assessed parcel as a multiple (or a fraction) of that basic unit. This EBU method of apportioning special benefits is typically seen as the most appropriate and equitable assessment methodology for districts formed under the 1972 Act, as the benefit to each parcel from the improvements are apportioned as a function of comparable property characteristics The base value and assessment formula utilized in each Zone may be different, but is established for each Zone to reflect the improvements and properties that benefit from those improvements utilizing property characteristics that may include but is not limited to the type of development (property land use), property’s development status, and size of the property (acreage or units).
To assess benefits equitably, it is necessary to relate the different type of parcel improvements to each other. The Equivalent Benefit Unit method of apportionment uses the single-family home as the basic unit of assessment. A single-family residential property equals one Equivalent Benefit Unit (“EBU”). Every other land-use is converted to EBU’s based on an assessment formula that equates the property’s specific development status, type of development (land-use), and size of the property, as compared to a single-family residential property (“SFR”).
Assessable parcels within each Zone are determined to receive the same special benefit from the improvements due to their similarity in size and use and their similar proximity to the improvements. Therefore, each assessable Residential parcel in a Zone is assigned 1 EBU.
Item #14. Page 24
Meeting Date: 5/9/2023 / Packet Page #: 541
Landscape Maintenance District No. 1
Engineer’s Report
Fiscal Year 2023/2024
Single-Family Residential -- This land use classification is defined as a fully subdivided residential home site with or without a structure. This land use may include, but is not limited to subdivided residential tract lots, condominiums, or other individual residential units or subdivided lots assigned an Assessor’s Parcel Number. As previously noted, the single family residential parcel has been selected as the basic value for calculation of assessments and each is assigned
1.00 Equivalent Benefit Unit.
MAXIMUM PERMISSIBLE ASSESSMENT
Proposition 218 requires the City to ballot property owners to obtain consent for the increased assessment exceeding the anticipated maximum permissible increase per assessment formula, for example Consumer Price Index (CPI) increase.
The table below shows the list of the Zones in the District, and indicates for each zone whether an inflation adjustment is being included in the Zone assessment.
Zone No. Location CPI
Adjustment
1 TR. 29765 / Highland Yes
4 TR. 33489 / GMR-Palm Yes
5 TR. 34114 / Hampton No
7 TR. 37637 /Loraine-Palm Yes
8 TR. 43011 / GMR-BS Yes
12 TR. 44069 / Glen Bougainvilleas & 437 E. Bennett Yes 16 Hidden Springs Yes
As adopted by the City Council through Resolution 03-20, the maximum authorized assessment rate may be adjusted annually as high as the ratio between the March-to-March CPI for the Los Angeles-Long Beach-Anaheim Area for All Urban Consumers not to exceed 5%.
CPI for March 2022 was 306.679. CPI for March 2023 is 317.873.This results in a ratio of 1.03650 which equates to a percent of 3.65%. The inflator for this District is not to exceed 5%. The maximum assessment rates for the six areas with an CPI inflator identified above will be increased by this ratio from the maximum assessment rate for FY 2022/2023. The Maximum Assessment Rate will remain the same for the zones that do not have an inflator.
Item #14. Page 25
Meeting Date: 5/9/2023 / Packet Page #: 542
Landscape Maintenance District No. 1
Engineer’s Report
Fiscal Year 2023/2024
III. Estimate of Costs
CALCULATION OF ASSESSMENTS
An assessment amount per Equivalent Benefit Unit (Assessment per EBU) is calculated by:
Taking the “Total Annual Expenses” (Total budgeted costs) and subtracting” Funding Adjustments”. These various “Funding Adjustments” may include, but are not limited to:
➢ “District Fund Contribution”, represents an amount of available existing funds from the being applied to pay a portion of the expenses for the fiscal year. ➢ “Contribution or Other Revenue Sources”, represents an amount that is included to subsidize any shortfalls for Zones in the District.
These adjustments to the total annual expenses result in the net amount to be assessed “Balance to Levy”.
Total Annual Expenses – Funding Adjustments = Balance to Levy The amount identified as the “Balance to Levy” is divided by the total number of EBUs of parcels that receive special benefit to establish the Assessment Rate (“Assessment Per EBU”). This Assessment Rate is then applied back to each parcel’s individual EBU to calculate the parcel’s proportionate special benefit and assessment amount for the improvements.
Balance to Levy / Total EBU = Assessment Per EBU (Assessment Rate) Assessment Per EBU x Parcel EBU = Parcel Assessment Amount
ZONE BUDGETS AND ASSESSMENTS
The zone budgets and assessments outlined on the following page for the District are based on the City’s estimate of the expenses and related funding necessary for the operation, maintenance and servicing of the District improvements identified in Part I of this Report for the zones in the District for fiscal year 2023/2024.
Refer to the Assessment Roll included herein as Part IV for the individual assessment amounts proposed to be levied and collected for each parcel in fiscal year 2023/2024.
Item #14. Page 26
Meeting Date: 5/9/2023 / Packet Page #: 543
Landscape Maintenance District No. 1
Engineer’s Report
Fiscal Year 2023/2024
ZONE BUDGETS & ASSESSMENTS, FISCAL YEAR 2023/2024
* Current Zones with no CPI
BUDGET ITEM 1 4 5 * 7 8 12 16 Total District
Highland / Oak
Knoll
Gmr/Palm
Drive
Hampton /
Sunflower
Loraine /
Palm Dr.
Gmr / Boulder
Springs
Glendora
Bougainvillea
Hidden
Springs
DIRECT COSTS
Maintenance
Landscape Maintenance (Contract & In-house) $2,500 $4,500 $2,000 $600 $3,396 $12,816 $2,900 $28,712 WCA Contract 515 410 264 495 185 0 53 $1,922
Utilities $0
Electricity 180 180 0 0 180 0 0 $540
Water 2,000 4,200 1,000 0 2,415 0 2,000 $11,615
Miscellaneous Expenses 0 648 0 0 0 0 1,207 $1,855
Direct Costs Subtotal $5,195 $9,938 $3,264 $1,095 $6,176 $12,816 $6,160 $44,644
ADMINISTRATION COSTS
Personnel/Overhead $285 $285 $285 $88 $285 $276 $285 $1,789 Professional Fees 183 566 146 603 603 1,553 2,302 5,956 County Admin Fees 4 13 3 13 13 34 51 132
Additional Administration Expenses 0 0 0 0 0 0 0 0
Administrative Costs Subtotal $472 $864 $434 $704 $901 $1,863 $2,638 $7,876
LEVY BREAKDOWN
Total Direct and Admin. Costs $5,667 $10,802 $3,698 $1,799 $7,077 $14,679 $8,798 $52,520 District Fund Collection (Contribution) 0 324 0 0 0 0 0 324 Contributions & Other Revenue Sources (645) 0 (3,098) (513) (46) (2,757) (1,785) (8,844) (Sub-Total) Levy Adjustments (645) 324 (3,098) (513) (46) (2,757) (1,785) (8,520) Balance to Levy $5,021.50 $11,125.59 $600.00 $1,286.67 $7,031.31 $11,922.10 $7,013.16 $44,000.33
DISTRICT STATISTICS
Total Parcels 10 31 8 33 33 85 126 326
Total Parcels Levied 10 31 8 33 33 85 126 326
Total Equivalent Benefit Units (EBUs) 10.00 31.00 8.00 33.00 33.00 85.00 126.00 326.00 Levy per EBU $502.15 $358.89 $75.00 $38.99 $213.07 $140.26 $55.66 Maximum Assessment Allowed $5,021.57 $11,125.95 $600.00 $1,287.19 $7,031.87 $11,922.85 $7,014.10 2023/24 Maximum Levy per EBU $502.157 $358.901 $75.000 $39.006 $213.087 $140.269 $55.667 2022/23 Maximum Levy per EBU $484.473 $346.263 $75.000 $37.632 $205.583 $135.329 $53.707
FUND INFORMATION
Beginning District Fund Balance (July 1, 2023) $0 $0 $0 $0 $0 $0 $0 $0 Fund Activity 0 324 0 0 0 0 0 324
Ending Fund Balance (June 30, 2024) $0 $324 $0 $0 $0 $0 $0 $324 ZONES
Item #14. Page 27
Meeting Date: 5/9/2023 / Packet Page #: 544
Landscape Maintenance District No. 1
Engineer’s Report
Fiscal Year 2023/2024
ASSESSMENT RANGE FORMULA
Any new or increased assessment requires certain noticing and meeting requirements by law.
The Brown Act defines the terms "new or increased assessment" to exclude certain conditions.
These certain conditions included "any assessment that does not exceed an assessment formula or range of assessments previously adopted by the agency or approved by the voters in the area where the assessment is imposed."
Recognizing that the cost of maintaining the improvements will increase over time due to inflation, the maximum assessment for some of the zones may be increased by the Consumer Price Index (CPI) each year.
The adoption of the maximum assessment rates and the Assessment Range Formula described herein does not mean that the annual assessments will necessarily increase each fiscal year, nor does it absolutely restrict the assessments to the adjustment maximum assessment amount.
Although the maximum assessment rates that may be levied shall be adjusted (inflated) by CPI each year, the actual amount to be assessed will be based on the Balance to Levy for that fiscal year. If the calculated assessment is less than the adjusted maximum assessment, then the calculated assessment may be approved by the City Council for collection. If the calculated assessment (based on the proposed budget) is greater than the adjusted maximum assessment for that fiscal year, then the assessment would be considered an increased assessment and would require property owner approval through a protest ballot proceeding before imposing such an increase. Otherwise, it would be necessary to reduce the budget or provide a contribution from the City to reduce the Balance to Levy (amount to be assessed) to an amount that can be supported by an assessment rate less than or equal to the maximum assessment rate authorized for that fiscal year.
Item #14. Page 28
Meeting Date: 5/9/2023 / Packet Page #: 545
Landscape Maintenance District No. 1
Engineer’s Report
Fiscal Year 2023/2024
IV. Assessment Roll
The Assessment Roll reflects all properties currently identified within the District and their assessment amount(s) for fiscal year 2023/2024. Each parcel listed on the Assessment Roll is currently shown and illustrated on the County Assessor's Roll and the County Assessor’s Parcel Number Maps (APN maps). These records are, by reference, made part of this Report and shall govern for all details concerning the description of the lots or parcels. All assessments presented on the assessment roll are subject to change as a result of parcel changes made by the County including parcel splits, parcel merges or development changes that occur prior to the County Assessor's Office securing the final roll and generating tax bills for fiscal year 2023/2024.
Item #14. Page 29
Meeting Date: 5/9/2023 / Packet Page #: 546
Landscape Maintenance District No. 1
Engineer’s Report
Fiscal Year 2023/2024
V. District Diagrams
Parcel identification, for each lot or parcel within the District, shall be the parcel as shown on the Los Angeles County Assessor's map for the year in which this Report is prepared.
The land use classification for each parcel has been based on the Los Angeles County Assessor’s Roll. A listing of parcels assessed within this District, along with the proposed assessment amounts, has been submitted to the City Clerk, under a separate cover, and by reference is made part of this Report.
Reference is hereby made to the Los Angeles County Assessor’s Parcel Maps for a detailed description of the lines and dimensions of each parcel within the Landscape Maintenance District No. 1 including all subsequent subdivisions, lot-line adjustments, or parcel changes therein.
Item #14. Page 30
Meeting Date: 5/9/2023 / Packet Page #: 547
Landscape Maintenance District No. 1
Engineer’s Report
Fiscal Year 2023/2024
DISTRICT DIAGRAMS – BOUNDARY AND ZONES, FISCAL YEAR 2023/2024 Item #14. Page 31
Meeting Date: 5/9/2023 / Packet Page #: 548
Landscape Maintenance District No. 1
Engineer’s Report
Fiscal Year 2023/2024
Item #14. Page 32
Meeting Date: 5/9/2023 / Packet Page #: 549
Landscape Maintenance District No. 1
Engineer’s Report
Fiscal Year 2023/2024
Item #14. Page 33
Meeting Date: 5/9/2023 / Packet Page #: 550
Landscape Maintenance District No. 1
Engineer’s Report
Fiscal Year 2023/2024
Item #14. Page 34
Meeting Date: 5/9/2023 / Packet Page #: 551
Landscape Maintenance District No. 1
Engineer’s Report
Fiscal Year 2023/2024
Item #14. Page 35
Meeting Date: 5/9/2023 / Packet Page #: 552
Landscape Maintenance District No. 1
Engineer’s Report
Fiscal Year 2023/2024
Item #14. Page 36
Meeting Date: 5/9/2023 / Packet Page #: 553
Landscape Maintenance District No. 1
Engineer’s Report
Fiscal Year 2023/2024
Item #14. Page 37
Meeting Date: 5/9/2023 / Packet Page #: 554
RESOLUTION CC 2023-____
A RESOLUTION OF THE CITY COUNCIL INITIATING PROCEEDINGS
FOR THE ANNUAL ASSESSMENT LEVY WITH RESPECT TO THE
ZONES WITHIN LANDSCAPE MAINTENANCE DISTRICT NO. 1 FOR
FISCAL YEAR 2023-24 PURSUANT TO THE PROVISIONS OF PART 2 OF DIVISION 15 OF THE STREETS AND HIGHWAYS CODE OF THE
STATE OF CALIFORNIA
THE CITY COUNCIL
City of Glendora, California
WHEREAS, the City has established Landscape Maintenance District No. 1 (the “District”) pursuant to the Landscaping and Lighting Act of 1972 (California Streets & Highways Code Section 22500 et seq.) (the “Assessment Law”); and WHEREAS, the City Council desires to initiate proceedings for the annual assessment levy and collection against parcels in the District within zones 1, 4, 5, 7, 8, 12 and 16 for Fiscal Year 2023-24 to pay for the costs of the landscape maintenance in connection with the assessment district; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GLENDORA, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The foregoing recitals are true and correct and incorporated herein by this reference.
SECTION 2. The City Council hereby initiates proceedings to levy and collect assessments against the parcels within the District for the Fiscal Year 2023-24.
SECTION 3. The general nature of the improvements maintained and serviced in connection with the District are not proposed to change from prior years except the properties under Glendora Station Area.
SECTION 4. The purpose of the assessment district shall be to finance the maintenance and servicing of Improvements throughout the District and the incidental expenses of the District.
SECTION 5. The City Council directs the City Engineer to prepare and file with the City Clerk a report with respect to the Fiscal Year 2023-24 levy of the assessment in connection with the District. Such report shall comply with all requirements of the Assessment Law and Article XIIID of the California Constitution.
SECTION 6. The City Clerk shall certify the passage and adoption of this resolution and shall enter the same in the Book of Original Resolutions.
Item #14. Page 38
Meeting Date: 5/9/2023 / Packet Page #: 555
Resolution CC 2023-_____ Page 2 of 2
APPROVED and PASSED this __ day of ________, 2023.
City Council of Glendora, CA
BY:
GARY BOYER
Mayor
APPROVED AS TO FORM:
Aleshire & Wynder, LLP
WILLIAM W. WYNDER
City Attorney
CERTIFICATION
I, Kathleen R. Sessman, City Clerk/Communications Director of the City of Glendora, do hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of Glendora at a regular meeting held on the ___ day of ______, 2023, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
Dated:
KATHLEEN R. SESSMAN
City Clerk/Communications Director
Item #14. Page 39
Meeting Date: 5/9/2023 / Packet Page #: 556
RESOLUTION CC 2023-____
A RESOLUTION OF THE CITY COUNCIL APPROVING THE
PRELIMINARY ENGINEER’S REPORT FILED WITH RESPECT TO
THE FISCAL YEAR 2023-24 LEVY OF THE ASSESSMENT IN
CONNECTION WITH CITY OF GLENDORA LANDSCAPE
MAINTENANCE DISTRICT NO. 1
THE CITY COUNCIL
City of Glendora, California
WHEREAS, by Resolution CC 2023-xx, the City Council initiated proceedings to levy the Fiscal Year 2023-24 assessment in connection with City of Glendora Landscape Maintenance District No. 1 (the “District”) (formerly known as “City of Glendora Landscaping & Lighting District No. 1”) pursuant to the Landscaping and Lighting Act of 1972 (California Streets & Highways Code Section 22500 et seq.) (the “Assessment Law”); and WHEREAS, a report of the City Engineer, entitled “Engineer’s Annual Report, City of Glendora Landscape Maintenance District No 1 - Fiscal Year 2023-24 Assessment” and dated May 2023, (the “Report”) is on file in the Office of the City Clerk and available for public inspection; and
WHEREAS, the City Council has carefully examined and reviewed the Report as filed and desires to approve the Report as filed.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GLENDORA, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The foregoing recitals are true and correct and incorporated herein by this reference.
SECTION 2. The City Council finds that the Report meets all requirements of Article 4 of Chapter 1 of the Assessment Law.
SECTION 3. The Report is hereby approved as filed, without modification.
SECTION 4. The City Clerk shall certify to the passage and adoption of this resolution and shall enter the same in the Book of Original Resolutions.
APPROVED and PASSED this __ day of ________, 2023.
City Council of Glendora, CA
BY:
GARY BOYER
Mayor
Item #14. Page 40
Meeting Date: 5/9/2023 / Packet Page #: 557
Resolution CC 2023-_____ Page 2 of 2
APPROVED AS TO FORM:
Aleshire & Wynder, LLP
WILLIAM W. WYNDER
City Attorney
CERTIFICATION
I, Kathleen R. Sessman, City Clerk/Communications Director of the City of Glendora, do hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of Glendora at a regular meeting held on the ___ day of ______, 2023, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
Dated:
KATHLEEN R. SESSMAN
City Clerk/Communications Director
Item #14. Page 41
Meeting Date: 5/9/2023 / Packet Page #: 558
RESOLUTION CC 2023-____
A RESOLUTION OF THE CITY COUNCIL STATING ITS INTENTION
TO LEVY THE ASSESSMENT ZONES FOR FISCAL YEAR 2023-24 IN
CONNECTION WITH CITY OF GLENDORA LANDSCAPE
MAINTENANCE DISTRICT NO. 1 AND SETTING A TIME AND PLACE
FOR A PUBLIC HEARING
THE CITY COUNCIL
City of Glendora, California
WHEREAS, by Resolution CC 2023-xx, the City Council initiated proceedings to levy an assessment for Fiscal Year 2022-23 in connection with City of Glendora Landscape Maintenance District No. 1 (the “District”) (formerly known as “City of Glendora Landscaping & Lighting District No. 1”) pursuant to the Landscaping and Lighting Act of 1972 (California Streets & Highways Code Section 22500 et seq.) (the “Assessment Law”); and WHEREAS, by Resolution approving the Engineer’s Report, the City Council approved a report of the City Engineer entitled “Engineer’s Annual Report, City of Glendora Landscape Maintenance District No 1 - Fiscal Year 2023-24 Assessment”, (the “Report”), which Report is on file in the office of the City Clerk and available for public inspection; and WHEREAS, the City Council desires to move forward with proceedings to levy the Fiscal Year 2023-24 assessment in connection with Zones 1, 4, 5, 7, 8, 12, and 16 within the District;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GLENDORA, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The foregoing recitals are true and correct and incorporated herein by this reference.
SECTION 2. The City Council declares its intention to levy and collect an assessment for Fiscal Year 2022-23 in connection with the District.
SECTION 3. The purpose of the District is to finance the landscape maintenance of certain areas in the City and to cover the incidental expenses of the assessment district.
SECTION 4. The distinctive designation of the District is “City of Glendora Landscape Maintenance District No. 1” and the boundaries of the District may be generally described as including the following zones within the City:
SECTION 5. Reference is made to the Report for a full and detailed description of the zones to be maintained in connection with the District, of the boundaries of the District, and of the proposed assessments upon assessable lots and parcels of land within the District.
Item #14. Page 42
Meeting Date: 5/9/2023 / Packet Page #: 559
Resolution CC 2023-_____ Page 2 of 3
SECTION 6. The proposed existing and new or increased assessments and landscape improvements are as detailed in the Engineer’s Report for Glendora Landscape Maintenance District No. 1.
SECTION 7. The City Council hereby directs the City Clerk to give notice of a public hearing on the Fiscal Year 2023-24 levy of the assessment in connection with the District, the same to be placed on the City Council agenda of June 13, 2023, commencing at 7:00 p.m., or as soon thereafter as feasible, in the City Council Chambers located at 116 E. Foothill Boulevard, Glendora. At the Hearing, all interested persons shall be permitted to present written and/or oral testimony regarding the proposed assessment.
SECTION 8. The City Clerk is directed to give notice of the Hearing as required by Section 22626(a) of the Assessment Law.
SECTION 9. The City Council designates Andrea Miller who may be contacted at (626) 852-4871 as the person who interested parties may contact for information.
SECTION 10. The City Clerk shall certify the passage and adoption of this resolution and shall enter the same in the Book of Original Resolutions.
SECTION 11. The City Clerk shall cause this Resolution to be published once at least ten (10) days prior to the date of the Hearing specified above in a newspaper of general circulation printed and published within the City of Glendora and shall post a certified copy of the Resolution in established posting locations according to law.
APPROVED and PASSED this __ day of ________, 2023.
City Council of Glendora, CA
BY:
GARY BOYER
Mayor
ZONE #s LOCATION
1 TR. 29765 / Highland
4 TR. 33489 / GMR-Palm
5 TR. 34114 / Hampton
7 TR. 37637 /Loraine-Palm
8 TR. 43011 / GMR-BS
12 TR. 44069 / Glendora Bougainvillea’s & 437 E. Bennett 16 Hidden Springs
Item #14. Page 43
Meeting Date: 5/9/2023 / Packet Page #: 560
Resolution CC 2023-_____ Page 3 of 3
APPROVED AS TO FORM:
Aleshire & Wynder, LLP
WILLIAM W. WYNDER
City Attorney
CERTIFICATION
I, Kathleen R. Sessman, City Clerk/Communications Director of the City of Glendora, do hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of Glendora at a regular meeting held on the ___ day of ______, 2023, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
Dated:
KATHLEEN R. SESSMAN
City Clerk/Communications Director
Item #14. Page 44
Meeting Date: 5/9/2023 / Packet Page #: 561
CONSIDERATION OF RESOLUTIONS RELATING TO THE
LEVY OF FISCAL YEAR 2023-2024 ASSESSMENT IN
CONNECTION WITH THE LANDSCAPE MAINTENANCE
DISTRICT NO. 1
Public Works Department
City Council
May 9, 2023
Andrea Miller, Landscape/Contracts Supervisor CityOfGlendora.org Item #14. Page 45
Meeting Date: 5/9/2023 / Packet Page #: 562
District Zones Summary
2 Zone No. Name/Location Balloted Increase Approved
1 TR. 29765 / Highland Dr. & Oak Knoll Dr. N N/A
2 TR 30556 / W. Sierra Madre Ave. Y N
3 TR 32314 / N. Banna Ave. & Arrow Hwy. Y N
4 TR. 33489 / Glendora Mountain Rd. & E. Palm Dr. N N/A 5 TR. 34114 / E. Hampton St. & E. Gladstone St./S. Sunflower Ave. N N/A 7 TR. 37637 / N. Loraine Ave. & E. Palm Dr. Y Y
8 TR. 43011 / Glendora Mountain Rd. & Boulder Springs Dr. Y Y 11 TR 43558 / Kregmont Dr. Y N
12 TR. 44069 / Glendora Bougainvilleas & 437 E. Bennett Ave. Y Y 15 TR 45271 / Greenfield Ct. Y N
16 Hidden Springs Ln. Y Y
Item #14. Page 46
Meeting Date: 5/9/2023 / Packet Page #: 563
3 LMD No.1 Site Locations
• Zone No.1 – Highland & Oak Knoll
• Zone No. 4 – GMR & Palm
• Zone No. 5 – Hampton
Item #14. Page 47
Meeting Date: 5/9/2023 / Packet Page #: 564
4 • Zone No. 7 – Loraine & Palm
• Zone No. 8 – GMR & Boulder Springs
• Zone No. 12 – Glendora Bougainvilleas
• Zone No. 16 – Hidden Springs
LMD No.1 Site Locations Item #14. Page 48
Meeting Date: 5/9/2023 / Packet Page #: 565
Assessment/Levy Rate Change
5 Zone No. & Name/Location FY2022-2023
Levy/EBU
FY2023-2024
Levy/EBU Difference
1 – TR. 29765 / Highland Dr. & Oak Knoll Dr. $484.47 $502.15 $17.68 4 – TR. 33489 / Glendora Mountain Rd. & E. Palm Dr. $346.26 $358.89 $12.63 5 – TR. 34114 / E. Hampton St. & E. Gladstone St./S. Sunflower Ave. $75.00 $75.00 $0 7 – TR. 37637 / N. Loraine Ave. & E. Palm Dr. $37.63 $38.99 $1.36 8 – TR. 43011 / Glendora Mountain Rd. & Boulder Springs Dr. $205.58 $213.07 $7.49 12 – TR. 44069 / Glendora Bougainvilleas & 437 E. Bennett Ave. $135.32 $140.26 $4.94 16 – Hidden Springs Ln. $53.70 $55.66 $1.96
Item #14. Page 49
Meeting Date: 5/9/2023 / Packet Page #: 566
6 RECOMMENDATIONS
1. Adopt a City Council Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GLENDORA, CALIFORNIA, INITIATING PROCEEDINGS FOR THE ANNUAL ASSESSMENT LEVY, WITH RESPECT TO THE LANDSCAPE MAINTENANCE DISTRICT NO. 1 FOR THE FISCAL YEAR 2023-24 PURSUANT TO THE PROVISIONS OF PART 2 OF DIVISION 15 OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA;”
2. Adopt a City Council Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GLENDORA, CALIFORNIA, APPROVING THE PRELIMINARY ENGINEER’S REPORT FILED WITH RESPECT TO THE FISCAL YEAR 2023-24 LEVY OF THE ASSESSMENT IN CONNECTION WITH CITY OF GLENDORA LANDSCAPE MAINTENANCE DISTRICT NO 1;” and
3. Adopt a City Council Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GLENDORA, CALIFORNIA, STATING ITS INTENTION TO LEVY THE ASSESSMENT FOR FISCAL YEAR 2023-24 IN CONNECTION WITH CITY OF GLENDORA LANDSCAPE MAINTENANCE DISTRICT NO. 1 AND SETTING A PLACE AND TIME FOR A PUBLIC HEARING ON SUCH ASSESSMENT.” That the City Council:
Item #14. Page 50
Meeting Date: 5/9/2023 / Packet Page #: 567
STAFF REPORT
TO: MAYOR AND COUNCIL MEMBERS DATE: MAY 9, 2023
FROM: PUBLIC WORKS DISTRICT(S): CITYWIDE
SUBJECT: CONSIDERATION OF RESOLUTIONS RELATING TO THE LEVY OF FISCAL YEAR 2023- 24 ASSESSMENT IN CONNECTION WITH THE STREETLIGHT MAINTENANCE DISTRICT NO. 1
RECOMMENDATION
That the City Council:
1. Adopt a City Council Resolution entitled, “A RESOLUTION INITIATING PROCEEDINGS FOR THE
ANNUAL ASSESSMENT LEVY WITH RESPECT TO THE STREETLIGHT MAINTENANCE DISTRICT NO. 1 FOR THE FISCAL YEAR 2023-24 PURSUANT TO THE PROVISIONS OF PART 2 OF DIVISION 15 OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA”;
2. Adopt a City Council Resolution entitled, “A RESOLUTION APPROVING THE PRELIMINARY ENGINEER’S REPORT FILED WITH RESPECT TO THE FISCAL YEAR 2023-24 LEVY OF THE
ASSESSMENT IN CONNECTION WITH CITY OF GLENDORA STREETLIGHT MAINTENANCE DISTRICT NO. 1;” and
3. Adopt a City Council Resolution entitled, “A RESOLUTION STATING ITS INTENTION TO LEVY THE ASSESSMENT FOR FISCAL YEAR 2023-24 IN CONNECTION WITH CITY OF GLENDORA STREETLIGHT MAINTENANCE DISTRICT NO. 1 AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING ON SUCH ASSESSMENT.”
EXECUTIVE SUMMARY
The City of Glendora funds a portion of public street lighting costs through its Streetlight Maintenance District No. 1 (“District”). Proposition 218 may require a property-owner protest hearing in order to determine whether a majority of the property owners subject to any increased assessment object to the same. This protest hearing only applies when the increased assessment exceeds the anticipated maximum permissible increase per assessment formula; for example, Consumer Price Index (“CPI”) increases. The CPI from March 2022 to March 2023 for All Urban Consumers for the Los Angeles, Riverside, and Orange County areas, as published by the United States Department of Labor’s Bureau of Labor Statistics, was equivalent to approximately 3.65%.
Staff recommends that the City Council adopt the resolutions: 1) initiating the proceedings for the annual assessment levy; 2) stating its intention to levy the assessment for FY 2023-2024; and, 3) approving the Preliminary Engineer’s Report for Fiscal Year (FY) 2023-2024.
Two additional resolutions will then be submitted for consideration during the public hearing scheduled for June 13, 2023, during the regularly scheduled City Council meeting. The first of these resolutions will approve the final engineer’s report and the second resolution will approve the levy and collection of assessments. The public hearing is the last step before submitting the assessments to Los Angeles County before the deadline at the beginning of August. All material and resolutions need to be submitted to Los Angeles County by early August for them to ensure their placement upon the appropriate property tax bills.
Item #15. Page 1
Meeting Date: 5/9/2023 / Packet Page #: 568
Staff Report Page 2 of 4
LEGISLATIVE HISTORY / PREVIOUS ACTIONS
The Landscaping and Lighting Act of 1972 permits cities to establish assessment districts for the purpose of installing and/or constructing new public improvements or servicing and maintaining certain existing public improvements within the proposed district. The City of Glendora established its first Landscape and Streetlight Maintenance District in 1976.
On November 5, 1996, California voters approved Proposition 218 which added Article XIIID to the California Constitution. Proposition 218 establishes procedural requirements for the formation and administration of assessment districts. It also requires the City to ballot property owners to obtain consent for assessment increases exceeding the anticipated maximum permissible increase per assessment formula, for example a Consumer Price Index (CPI) increase.
The Streetlight Maintenance District No.1 was re-formed on July 25, 2006, under the requirements of Proposition 218 and the Landscaping and Lighting Act of 1972. During the reformation, the property owners approved that the maximum assessment rate may increase each fiscal year based on the annual change in the CPI during the preceding year for All Urban Consumers for the Los Angeles, Riverside, and Orange County areas, as published by the United States Department of Labor’s Bureau of Labor Statistics. Such an increase is thus not considered a rate increase and the City Council can levy the annual assessment without further approval by the property owners.
DISCUSSION
The District includes 2,996 public streetlights, with 2,744 owned by Southern California Edison (SCE), and 252 owned by the City. Not funded as part of the District are private streetlights such as those owned by homeowner’s associations within gated communities, public streetlights that are obsolete and no longer in service such as the City’s antique streetlights, public safety lights positioned atop traffic signals, or traffic signals themselves.
Parcels within the district are divided into two different “Benefit Zones.” Benefit Zone “B” includes parcels within gated communities that are served by no public lighting other than perimeter lighting, and then Benefit Zone “A” includes all other parcels in the district.
The Streetlight Maintenance District No.1 was re-formed on July 25, 2006, under the requirements of Proposition 218 and the Landscaping and Lighting Act of 1972. During the reformation, the property owners approved that the maximum assessment rate may increase each fiscal year based on the annual change in the CPI during the preceding year for All Urban Consumers for the Los Angeles, Riverside, and Orange County areas.
Based on the County due date of August each fiscal year, it has been determined that a March CPI be utilized in place of June to allow enough time for the two required meeting dates (Intent Meeting and 10- day noticed Public Hearing). CPI for March 2023 was 317.873 compared to 306.679 for March 2022 which results in a ratio of approximately 1.03650 or an increase of 3.650%. A comparison of rates for FY 2022- 2023 and FY 2023-2024 is shown in the table below. Amounts shown are rounded to the nearest penny.
Benefit Zone “A” Assessment Rate Benefit Zone “B” Assessment Rate Land Use FY2022-23 FY2023-24 Difference FY2022-23 FY2023-24 Difference Single-Family
Residence $45.57/Unit $47.24/Unit $1.67 $2.27/Unit $2.36/Unit $0.09 Multi-Family
Residence $13.44/Unit $13.93/Unit $0.49 $0.68/Unit $0.70/Unit $0.02 Non-Residential $176.43/Acre $182.86/Acre $6.43 $8.84/Acre $9.16/Acre $0.32 Undeveloped $58.79/Acre $60.93/Acre $2.14 $2.96/Acre $3.07/Acre $0.11 Item #15. Page 2
Meeting Date: 5/9/2023 / Packet Page #: 569
Staff Report Page 3 of 4
In order to meet the requirements to submit the assessments to the County for placement on the property tax bills, the City is required by law to follow certain steps, including the adoption of three resolutions at this time for FY 2023-24. The resolutions are laid out using information and data provided by an outside consultant, Willdan Financial Services, who prepares the required Engineer’s Report for the City, and ensures that the City meets all regulations in regard to these assessments. Resolution initiating proceedings for the annual assessment levy. o This resolution initiates proceedings to levy and collect assessments against the parcels within the District for FY2023-24 to pay for the costs of the streetlight maintenance in connection with the assessment district. Through the resolution the City Council directs the City Engineer to prepare and file with the City Clerk a report with respect to the FY2023-24 levy of the assessment in connection with the District. Such report shall comply with all requirements of the Assessment Law and Article XIIID of the California Constitution. Willdan Financial Services have prepared the report.
Resolution approving the Preliminary Engineer’s Report filed with respect to the FY2023-24 levy of the assessment in connection with Streetlight Maintenance District No 1. o The Preliminary Engineer’s Report is prepared pursuant to Chapter 1, Article 4 and Chapter 3 of the Landscaping and Lighting Act of 1972. Any changes to the Engineer’s Report as a result of any Council discussion during this meeting will be incorporated into the final Engineer’s Report presented at the Public Hearing.
o The Public Hearing is scheduled for June 13, 2023, during the regularly scheduled council meeting.
Resolution stating its intention to levy the assessment for Fiscal Year 2023-24 and setting a time and place for a public hearing on such assessment.
o This resolution provides the distinctive designation of the District as “City of Glendora Street Light Maintenance District No. 1” and the boundaries of the District may be described as including all territory within the City that is served by public streetlights.
Two (2) additional resolutions will then be submitted for consideration during the public hearing scheduled for June 13, 2023, during the regularly scheduled City Council meeting. The first of these resolutions will approve the final engineer’s report and the second resolution will approve the levy and collection of assessments. The public hearing is the last step before submitting the assessments to Los Angeles County before the deadline at the beginning of August. All material and resolutions need to be submitted to the Los Angeles County by early August for them to ensure their placement upon the appropriate property tax bills.
FISCAL IMPACT
Total costs for servicing and maintaining streetlights, safety lights and traffic signals throughout the City are expected to be $732,188. A portion of this is for General Benefit of the entire City and therefore paid for from the General Fund and Gas Tax revenues. Only special benefits may be funded by the Streetlight Assessment fund. The total District levy for FY 2023-24 will be approximately $513,495.84.
Item #15. Page 3
Meeting Date: 5/9/2023 / Packet Page #: 570
Staff Report Page 4 of 4
Item Amount
Direct Costs (All maintenance and service) ($732,188.00) Administrative Costs (Professional engineering services & County administration fee) ($4,941.25) Total Direct & Administrative Costs ($737,129.25)
101 General Fund Contribution (General Benefit) $207,782.21 205 Gas Tax Fund Contribution (General Benefit) $89,070.00 Net Cost of Improvements (Special Benefit) ($440,277.04) Total Levy amount assessed to fund special benefit costs. $513,495.84 Levy amount transferred in to reserve fund $73,218.80
Reserve Fund Beginning Balance June 30, 2023 $356,101
Reserve Fund Ending Balance June 30, 2024 $429,320
ENVIRONMENTAL DETERMINATION
N/A
Prepared By Andrea Miller, Landscape/Contracts Supervisor Concurs With Not Applicable
Reviewed By Michael Sledd, Assistant Public Works Director Certified to Availability of Funds Marie Ricci, Administrative Services Director/City Treasurer Approved By Adam Raymond, City Manager
Legal Review William W. Wynder, City Attorney
CEQA Review Not Applicable
ATTACHMENTS:
A. Preliminary Engineer’s Report
B. Resolution Initiating Proceedings
C. Resolution Approving Preliminary Engineer’s Report
D. Resolution of Intent
E. Presentation
Item #15. Page 4
Meeting Date: 5/9/2023 / Packet Page #: 571
CITY OF GLENDORA
Engineer’s Report
Streetlight Maintenance District No. 1
Engineer’s Annual Report
Fiscal Year 2023/2024
Intent Meeting: May 9, 2023
Public Hearing: June 13, 2023
CITY OF GLENDORA
116 E. FOOTHILL BLVD
GLENDORA, CA 91741
27368 Via Industria
Suite 200
Temecula, California 92590
T 951.587.3500 | 800.755.6864
F 951.587.3510
www.willdan.com
Item #15. Page 5
Meeting Date: 5/9/2023 / Packet Page #: 572
ENGINEER'S REPORT AFFIDAVIT
City of Glendora
Streetlight Maintenance District No. 1
Annual Levy of Assessments for
Fiscal Year 2023/2024
City of Glendora,
County of Los Angeles, State of California
As part of the Resolution of Intention packet presented for the consideration of the Glendora City Council, this Report and the enclosed budgets, diagrams, and descriptions outline the lighting improvements, estimated expenses and annual assessments to be collected on the County tax rolls in fiscal year 2023/2024 for the Streetlight Maintenance District No. 1, which includes each lot, parcel, and subdivision of land within said District, as the same existed at the time of the passage of the Resolution of Intention. Reference is hereby made to the Los Angeles County Assessor’s maps for a detailed description of the lines and dimensions of each parcel within the Streetlight Maintenance District No. 1 and incorporates all subsequent subdivisions, lot-line adjustments, or parcel changes therein. The undersigned respectfully submits the enclosed Report as directed by the City Council.
Dated this ________ day of ______________, 2023.
Willdan Financial Services
Assessment Engineer
On Behalf of the City of Glendora
By: ________________________________
Stacee Reynolds
Principal Consultant
By: ________________________________
Tyrone Peter
PE # C 81888
Item #15. Page 6
Meeting Date: 5/9/2023 / Packet Page #: 573
Table of Contents
INTRODUCTION............................................................................................................. 1 REPORT CONTENT AND ANNUAL PROCEEDINGS ............................................... 1 PART I — PLANS AND SPECIFICATIONS................................................................... 3 IMPROVEMENTS AND SERVICES AUTHORIZED BY THE 1972 ACT.................... 3 LIGHTING IMPROVEMENTS AND SERVICES WITHIN THE DISTRICT .................. 4 PART II — METHOD OF APPORTIONMENT ................................................................ 6 LEGISLATIVE AUTHORITY AND PROVISIONS ....................................................... 6 BENEFIT ANALYSIS .................................................................................................. 7 SPECIAL BENEFITS .................................................................................................. 7 PUBLIC STREET LIGHTS.......................................................................................... 8 SAFETY LIGHTS ........................................................................................................ 8 TRAFFIC SIGNALS .................................................................................................... 8 ARTERIAL LIGHTS .................................................................................................... 8 GENERAL BENEFIT................................................................................................... 9 LIGHTING GENERAL BENEFIT................................................................................. 9 BENEFIT ZONES...................................................................................................... 10 ASSESSMENT METHODOLOGY ............................................................................ 10 BENEFIT ZONES...................................................................................................... 11 ALLOCATION OF SPECIAL BENEFIT TO ASSESSED PARCELS........................ 11 ALLOCATION OF SPECIAL BENEFIT TO PARCELS IN BENEFIT ZONE “A” ..... 11 ALLOCATION OF SPECIAL BENEFIT TO PARCELS IN BENEFIT ZONE “B” ..... 12 PART III – ESTIMATE OF COSTS ............................................................................... 14 CALCULATION OF ASSESSMENTS....................................................................... 14 ZONE BUDGETS AND ASSESSMENTS ................................................................. 14 ZONE BUDGETS & ASSESSMENTS, FISCAL YEAR 2023/2024........................... 15 ASSESSMENT RANGE FORMULA ......................................................................... 16 PART IV — ASSESSMENT ROLL ............................................................................... 17 PART V — DISTRICT DIAGRAMS............................................................................... 18 Item #15. Page 7
Meeting Date: 5/9/2023 / Packet Page #: 574
Streetlight Maintenance District No. 1
Engineer’s Report
Fiscal Year 2023/2024