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HomeMy WebLinkAbout11/06/2007ty Council Agend,7 r I Tuesday, November 6, 2007 6:00 p.m. — Closed Session CC -8 6:30 p.m. — Regular Meeting The Government Center South Coast Air Quality Management District/ Main Auditorium 21865 Copley Drive Diamond Bar, CA 91765 Mayor Steve Tye Mayor Pro Tem Jack Tanaka Council Member Wen Chang Council Member Ron Everett Council Member Carol Herrera City Manager James DeStefano City Attorney Michael Jenkins City Clerk Tommye Cribbins Copies of staff reports or other written documentation relating to agenda items are on file in the Office of the City Clerk, and are available for public inspection. If you have questions regarding an agenda item, please contact the City Clerk at (909) 839-7010 during regular business hours. In an effort to comply with the requirements of Title II of the Americans with Disabilities Act of 1990, the City of Diamond Bar requires that any person in need of any type of special equipment, assistance or accommodatibn(s) in order to communicate at a City public meeting, must inform the City Clerk a minimum of 72 hours prior to the scheduled meeting. Please refrain from smoking, eating or drinking in the Council Chambers. The City of Diamond Bar uses recycled paper and encourages you to do the same. THIS MEETING IS BEING BROADCAST LIVE BY TIME -WARNER FOR AIRING ON CHANNEL 3, AS WELL AS BY STREAMING VIDEO OVER THE INTERNET AND BY REMAINING IN THE ROOM YOU ARE GIVING YOUR PERMISSION TO BE TELEVISED. THIS MEETING WILL BE RE -BROADCAST EVERY SATURDAY AT 9:00 A.M. AND EVERY TUESDAY AT 8:00 P.M. ON CHANNEL 3, AND IS ALSO AVAILABLE ON THE CITY WEB SITE AT WWW.CITYOFDIAMONDBAR.COM CITY OF DIAMOND BAR CITY COUNCIL AGENDA November 6, 2007 Next Resolution No. 2007-59 Next Ordinance No. 07(2007) CLOSED SESSION: 6:00 p.m., Room CC -8 Public Comments on Closed Session Agenda ► Government Code Section 54956.9(a) — Pending Litigation — (1 Case) People of the State of Calif. v. Ratan Hospitality, LLS Scribbles) Case No. BC351925 CALL TO ORDER, PLEDGE OF ALLEGIANCE: INVOCATION: 6:30 p.m. Mayor Pastor Bob Stebe, Northminister Presbyterian Church ROLL CALL: Council Members Chang, Everett, Herrera, Mayor Pro Tem Tanaka, Mayor Tye APPROVAL OF AGENDA: Mayor 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 Presentation of City Tile to outgoing Traffic and Transportation Commissioner Jack Shah. NEW BUSINESS OF THE MONTH: 1.2 Presentation of City Tile to Dante's Italian Deli, as New Business of the Month, November, 2007. 1.3 Presentation by Assemblyman Bob Huff - "View from Sacramento". November 6, 2007 PAGE 2 1.4 Presentation by Dr. John Nixon, President of Mt. San Antonio College — Campus Construction Report. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: 3. PUBLIC COMMENTS: "Public Comments" is the time reserved on each regular meeting agenda to provide an opportunity for members of the public to directly address the Council on Consent Calendar items or matters of interest to the public that are not already scheduled for consideration on this agenda. Although the City Council values your comments, pursuant to the Brown Act, the Council generally cannot take any action on items not listed on the posted agenda. Please complete a Speaker's Card and give it to the City Clerk (completion of this) form is voluntary). There is a five-minute maximum time limit when addressing the City Council, 4. RESPONSE TO PUBLIC COMMENT: Under the Brown Act, members of the City Council may briefly respond to public comments but no extended discussion and no action on such matters may take place. 5. SCHEDULE OF FUTURE EVENTS: 5.1 Veteran's Day Recognition — November 7, 2007 — 9:00 a.m., Diamond Bar Community Center, 1600 S. Grand Ave. 5.2 Traffic and Transportation Commission Meeting — November 8, 2007 — 7:00 p.m., AQMD/Government Center Hearing Board Room, 21865 Copley Dr. 5.3 Veteran's Holiday — November 12, 2007 - City offices will be closed in observance of Veteran's Day. Offices will reopen on Tuesday, November 13, 2007. 5.4 Planning Commission Meeting — November 13, 2007 — 7:00 p.m., AQMD/Government Center Auditorium, 21865 Copley Dr. 5.5 Sunday at the Center "Art Show" — November 18, 2007 — 10:00 a.m. - 4:00 p.m., Diamond Bar Center, 1600 S. Grand Ave. 5.6 City Council Meeting — November 20, 2007 — 6:30 p.m. AQMD/Government Center Auditorium, 21865 Copley Dr. 6. CONSENT CALENDAR: 6.1 City Council Minutes: (a) Study Session of October 16, 2007 — Approved as submitted. November 6, 2007 PAGE 3 (b) Regular Meeting of October 16, 2007 — Approve as submitted. 6.2 Planning Commission Minutes: (a) Regular',Meeting of September 11, 2007 - Receive and file. (b) Regular!, Meeting of September 25, 2007 — Receive and file 6.3 Parks and Recreation Commission Minutes — Regular Meeting of September 27, 2007 - Receive and file. 6.4 Traffic and'Transportation Commission Minutes — Regular Meeting of September 13, 2007 - Receive and file. 6.5 Ratification) of Check Register — Ratification of Check Register dated October 11, 2007 to October 31, 2007 totaling $1,667,758.62. Requested by: Finance Department 6.6 Approval of Preliminary Treasurer's Statement - September, 2007. Recommended Action: Approve. Requested by: Finance Department. 6.7 Consideration to Adjourn the January 1, 2008 Meeting to January 15, 2008. Recommended Action: Approve. Requested by: City Manager 6.8 One Year Renewal of Letter of Credit for the City's Public Financing Authority Variable Rate Lease Revenue Bonds, 2002 Series A. Recommended Action: Approve. Requested by: Finance Department 7. PUBLIC HEARINGS: 7:00 p.m., or as soon thereafter as matters may be heard. 7.1 (a) First Reading of Ordinance No. OX (2007) Amending Title 15 of D.B. Municipal Code Adopting by Reference, the "California Building Code", 2007', Edition, Volumes 1 and 2, Including all Appendices thereto, Appendix Chapter 1 of the 2007 California Building Code as the Administration Code, the "California Mechanical Code" 2007 Edition and the Appendices thereto, the "California Plumbing Code" 2007 Edition and the Appendices thereto the "California Electrical November 6, 2007 PAGE 4 Code", 2007 Edition and the Appendices thereto, the "Uniform Housing Code", 1997 Edition and the Appendices thereto and the "Uniform Swimming Pool, Spa and Hot Tub Code", 2000 Edition, Together with Certain Amendments, Additions, Deletions and Exceptions Including Fees and Penalties. Recommended Action: Open Public Hearing, Receive testimony, and Approve for' First Reading by Title Only and Waive full Reading of Ordinance No. OX (2007). (b) Adopt Resolution No. 2007 -XX Making Express Findings and Determinations that Modifications to the California Building Code, California Plumbing Code and California Electrical Code, as Adopted by Ordinance No. 0X(2007) are Reasonably Necessary Because of Local Climatic, Geological or Topographical Conditions. Recommended Action: Adopt. Requested by: Building and Safety Department 8. COUNCIL CONSIDERATION: None. 9. COUNCIL SUB -COMMITTEE REPORTS/COUNCIL MEMBER COMMENTS: 10. ADJOURNMENT: Agenda No. 6.1(a) CITY OF DIAMOND BAR CITY COUNCIL STUDY SESSION E) R AFT OCTOBER 16, 2007 STUDY SESSION: M/Tye called the Study Session to order at 5:16 p.m. in Room CC -8 of the South Coast Air Quality Management District/Government Center, 21865 Copley Dr., Diamond Bar, CA. Present: Council Members Everett, Herrera, MPT/Tanaka and Mayor Tye. Absent: Council Member Chang was excused. Staff Present: James DeStefano, City Manager; David Doyle, Assistant City Manager; Michael Jenkins, City Attorney; Bob Rose, Community Services Director; David Liu, Public Works Director; Nancy Fong, Community Development Director; Linda Magnuson, Finance Director; Ryan McLean, Senior Management Analyst; Rick Yee, Senior Engineer; Isaac Aziz, Network/GIS Engineer; Kimberly Molina, Associate Engineer and Tommye Cribbins, City Clerk. No. BUSINESS LICENSING CA/Jenkins stated that the purpose of the ordinance was to continue the City's Business Registration program with a "regulatory ordinance" and not a "revenue - raising" ordinance. The only differences are that instead of a business registration, businesses would acquire a business license and continue paying either $10 or $53 representing an amount close to cost -recovery for the City. The ordinance would replace all of the work that Los Angeles County currently provides to the City in the area of business regulation. The ordinance focuses on 14 specific types of businesses that would require a more extensive background review. The ordinance further provides for procedures by which individuals/businesses will apply for business licenses, how the City will review the application and provides procedures for granting or denying the license and the basis upon which the City may deny an application as well as, the appeal process for someone who may be aggrieved by the decision. The Community Development Director will make the initial determination on the 14 businesses and the City Council will serve as the appellate body. This ordinance is business -friendly and puts control of the approval process in the hands of the City rather than the County. The fees will be substantially less than those currently imposed by the County. C/Herrera said she has difficulty proposing an increase of the "business registration" fee from $10 to $53 for a business permit. She wondered if the renewal fee could be increased. CA/Jenkins responded that when there is a business -owner change, the new owner would have to pay the initial background check fee. The renewal presumes there has been no change in ownership or business. Staff perceives OCTOBER 16, 2007 PAGE 2 CC STUDY SESSION renewals to be an administrative action if the business is not presenting a problem and there is no code enforcement issue. A change in ownership or problems with the business would require a hearing and determination of any fee change. C/Herrera asked if staff proposes for the Council to take a single action, CDD/Fong responded yes, that the business registration would be appealed and substituted with the Business License Ordinance. Approximately 600 to 700 businesses have been registered. Staff is continuing to find other businesses to register and eventually all businesses should be licensed. CDD/Fong responded to C/Everett that the ordinance allows the City to cover the cost of enforcement. CA/Jenkins explained that the proposed fees cover only the cost of the paperwork and issuing of the permit. C/Everett reiterated his concern that the fee should pay for the process. CDD/Fong said there were two kinds of fees — 1) paper processing resulting in the issuance of a permit. Staff has been doing this process for about two years and the process takes about half an hour; and 2) for the 14 businesses that require background checks more staff time is required and the fees are set accordingly. The $300 fee is comprised of the LA County Sheriff's charge for the per -person background check plus staff time. For example, if the business requires the manager and owner to have a background check the charge is $300 per person. M/Tye asked how the City would charge for new employees. CA/Jenkins explained that the background check is required for owners and managers only. M/Tye wanted to know how to separate business registration from business licensing. CA/Jenkins said that staff intended to present the Council with two action items; 1) Introduction of an ordinance that would include the existing business registration program and business licensing into one. It would repeal the existing provisions regarding business registration and repeal the entirety of the code that referred to the County Code; 2) a resolution to adopt fees described in the chart to continue the fee for simple businesses at $10, $53.50 or any other amount including zero. When the Council adopts the ordinance it adopts the idea that business registration is appropriate and that the City should continue doing so to monitor home-based businesses. The Council can select whatever fee it wishes. The only question is the fee for basic licensing. OCTOBER 16, 2007 PAGE 3 CC STUDY SESSION ACM/Doyle explained that with adoption of the new ordinance business licensing would replace the business registration process. ACM/Doyle explained that the $53.50 recovery cost was brought to the Council because staff thought that is what the Council wanted. CA/Jenkins said that business registration and business licensing for home- based businesses is the same thing. CM/DeStefano stated that the City is attempting to gain local control over the business licensing process that it currently contracts with LA County, in order to do away with a costly and cumbersome procedure that in some ways provides no direct benefit to businesses in D,B. This item allows the Council to approve the policy change and the ability to improve the cost recovery for the service. Staff is strongly suggesting that at a minimum the Council approve the policy change. Then Council could discuss the appropriateness of a full cost recovery fee versus any other fee level. ACM/Doyle stated that if the City were doing a full cost recovery for business registration the fee would have been set at $53.50 from the beginning. However, Council made a decision not to recover the full cost. M/Tye said he did not want home-based businesses to pay for either business registration or business licensing. He does not believe that home-based businesses should ever be subject to any kind of registration and licensing. CA/Jenkins said that if the Council does not want home-based businesses licensed at all the ordinance would have to be changed because this ordinance carries forward the current business registration program. C/Herrera agreed with M/Tye that home-based business registration should be excluded and that the City should license only the 14 businesses that have to go to Los Angeles for licensing. C/Everett stated that he felt business registration would be beneficial. CM/DeStefano reiterated the reasons Council and staff discussed business registration - to post information about the business on the City's website; to make sure that D.B. was getting its fair share of sales tax resources and for other monitoring reasons. If Council has a concern about the fee it can choose to apply the same fee that is currently being charged. The City has been subsidizing that portion of the development services for the past two years. Staff is suggesting the $53,50 because Council asked staff to look at full cost recovery, which has been the policy in other development services arenas. From staff's perspective it is important to maintain some level of business registration. Staff needs to know what businesses are in the City in order to help grow their OCTOBER 16, 2007 PAGE 4 CC STUDY SESSION resources and make sure the City is getting its fair -share of the taxation attributable to these businesses. MPT/Tanaka felt business registration was important. C/Everett said he was in favor of the ordinance as presented without consideration to fees. CA/Jenkins said that staff would present the ordinance as written with a basic license fee of $10. If there are Council Members " that would like to get rid of the registration" component they can make a motion accordingly. PUBLIC COMMENTS: Jerry Hamilton felt the City needed business licensing and that it is important that the residents know what was going on in their community. ON. ROUTE 57/60 PROJECT UPDATE Steve Brown updated Council on the proposed projects. The MTA is seeking the City's input on which alternatives should be subject to further detailed studies. He again explained the six major alternatives and their possible benefits and drawbacks and asked for the Council's support for the three preferred options and request further study. MPT/Tanaka felt the most important aspect was the missing connector. PWD/Liu responded to C/Herrera that D.B. staff, consultants, Industry staff and Caltrans were involved in the selection of the three alternatives and the request for further study. C/Herrera asked at what point the team would consider elevating the 57/60 improvements as a goods movement corridor with respect to seeking State funding? Mr. Brown responded that as soon as there is consensus for a well-defined alternative it would be the time to hit hard for the money and support. PWD/Liu stated that this is one of the clearly defined tasks that the team will embark upon once there is consensus. M/Tye asked the team to move forward and said that D.B. was not interested in a truck route through the City. ► GRAND AVENUE PROJECT Steve Brown updated Council on options the team has been working on to refine the Grand Avenue Project with the hope of not impacting properties along OCTOBER 16, 2007 PAGE 5 CC STUDY SESSION Grand Avenue south of Golden Springs Drive. Mr. Brown responded to Commissioner Lin that the MTA suggests between 700 and 1000 vehicles per hour want to move on Diamond Bar Blvd. between the two interchanges. PUBLIC COMMENTS: None Offered. ADJOURNMENT: With no further business to come before the City Council, M/Tye adjourned the Study Session at 6:31 p.m. TOMMYE CRIBBINS, City Clerk The foregoing minutes are hereby approved this day of 2007. STEVE TYE, Mayor MINUTES OF THE CITY COUNCIL Agenda No. 6.1(b) REGULAR MEETING OF THE CITY OF DIAMOND BAR OCTOBER 16, 2007 CLOSED SESSION: 5:00 p.m., Room CC -8 DRAFT Public Comments on Closed Session Agenda ► Government Code Section 54956 — Public Employee Evaluation Title: City Manager ► Government Code Section 54956.8 — Conference with Real Property Negotiators. Property Negotiations: Address: Southwest corner of Washington Street and Lincoln Avenue, Assessor's No. 8719-010-013 Agency Negotiator: City Manager Negotiating Party: Dorothy V. Cauffman, LTD. Under Negotiation: Price and terms of payment ► Government Code Section 54956.9(a) — Pending Litigation — (1 Case) People of the State of California v. Ratan Hospitality, LLS (Scribbles) Case No. BC351925 Closed Session adjourned to Study Session at 5:15 p.m. STUDY SESSION: No. Business Licensing ► Grand Avenue and Route 57/60 Project Updates Public Comments: Study Session adjourned to the regular meeting at 6:31 p.m. CALL TO ORDER: Mayor Tye called the regular City Council meeting to order at 6:40 p.m. in The Government Center/SCAQMD Auditorium, 21865 Copley Dr., Diamond Bar, CA. CM/DeStefano reported that during tonight's Closed Session the City Council discussed the following items: public employee evaluation; a conference with its Real Property negotiator; and pending litigation. All three discussions resulted in no reportable action. During the Study Session that followed, Council discussed Business Licensing and transfer of the City's Business Registration program into a Business Licensing program incorporating the potential to remove the business license contract service from L.A. County to a City service. Council provided staff direction to bring the matter to the OCTOBER 16, 2007 PAGE 2 CITY COUNCIL November 6th Council Meeting. Council also received a presentation regarding the studies underway for the Grand Avenue Upgrade and the SR57/60 Project. PLEDGE OF ALLEGIANCE: Nef Cortez led the Pledge of Allegiance. INVOCATION: Dr. Ahmad Sakr, Islamic Education Center gave the invocation. ROLL CALL: Council Members Everett, Herrera, Mayor Pro Tem Tanaka and Mayor Tye. Absent: Council Member Chang was excused. Staff Present: James DeStefano, City Manager, David Doyle, Assistant City Manager; Mike Jenkins, City Attorney; Bob Rose, Community Services Director; David Liu, Public Works Director; Nancy Fong, Community Development Director; Ryan McLean, Senior Management Analyst; Marsha Roa, Public Information Manager; Rick Yee, Senior Engineer; Gloria Molina, Assistant Engineer; Isaac Aziz, Network/GIS Engineer and Tommye Cribbins, City Clerk. APPROVAL OF AGENDA: As Presented. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 C/Herrera proclaimed the week of October 22 to October 26, 2007 as "Red Ribbon Week" and presented a proclamation to Deputy Yriarte. NEW BUSINESS OF THE MONTH: 1.2 M/Tye presented a City Plaque to Miss Couture, 564 N. Diamond Bar Boulevard as New Business of the Month for October 2007. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: 2.1 CM/DeStefano announced that Tommye Cribbins, City Clerk, was the first employee of the City of Diamond Bar, and recipient of the "Employee Award of Excellence" by unanimous vote of her peers. 2.2 CM/DeStefano announced that Ken Desforges, IS Director received the Municipal Information Systems Association of California's "Excellence Award" representing the highest level of achievement in information technology that a City can receive. 2.3 CSD/Rose gave a PowerPoint presentation on the Re -Dedication of the Lorbeer Middle School Sports Field held Monday, October 8. The project was completed on time and under budget. OCTOBER 16, 2007 PAGE 3 CITY COUNCIL C/Herrera said that some individuals asked her why the City would expend funds on a school that did not belong to the City. She asked CSD/Rose to explain what benefit the City derives from this project. CSD/Rose responded that the project was the culmination of an effort initiated through a Sports Task Force that considered recreational sports needs for the youth in the community. To create a complex would have cost a considerable amount. In fact, just to grade a City owned parcel for a sports complex would have cost the City millions of dollars because of the hilly terrain. As a result, the Task Force and staff looked to cooperate with the School Districts to meet the needs and Lorbeer Middle School presented a comparable opportunity. When the City installed lights at the facility it increased the use of the facility to an extent well beyond what the typical middle school maintenance budget could handle. Staff, Council and School Administrators agreed that the investment to bring the facility back to the prior level of quality and additional use seemed like a reasonable investment. As a result, the City has availed a state -of -the art facility from which thousands of kids will benefit without the high cost of building a new facility. M/Tye said it was music to his ears that this project came in on time and under budget. Kudos to CSD/Rose and staff. 3. PUBLIC COMMENTS: Jerry Hamilton encouraged individuals to read their election booklets and know what they were voting for. He felt that bond issues were another way of imposing taxes. Lydia Plunk pointed out how far the City had come since city hood. How many improvements had been made to programs and facilities and how former and the present City Council has amassed a sizeable emergency reserve for which she thanked the City. Cooperation with the School District took years and years of consensus building and cooperation and she thanked the City. 14,000 trees in the public right-of-way that bloom at different times of the year and in the years to come will be even more beautiful and for that she thanked the staff and City Council. D.B. has two community centers it did not have when it was a part of the County. There are things that the residents would like to have but the City has much to be thankful for in the form of amenities and cash reserves. Lu Zheng spoke about the Aera and golf course projects, two dangerous projects that in his opinion, the residents oppose. Eileen Ansari said it was a privilege for her to be able to speak out and vote in every election. Last Tuesday she attended a candidate forum during which only three individuals appeared and this is the only forum that has taken place in the City of D.B. She was appalled that the City had no forum for candidates. She stated that building was a privilege and not a right and wanted the Council to be more forthright on what was coming. People have a right to know and a right to expect Council Members to be upfront about what is happening. She congratulated staff for the Lorbeer project. OCTOBER 16, 2007 PAGE 4 CITY COUNCIL Nef Cortez complimented the City and City Council on the manner in which information is distributed. There is no question that the City Council Members have his complete trust in their ability to lead and make informed decisions and to seek essential informatlon for making decisions that represent the best interests of the community. Allen Wilson said there had been many positive changes in the City and he was happy to call D.B. his home. It is everyone's right to cast his ballot for City Council candidates. He said there was a vast difference in candidates and what they stand for and he was not willing to exchange an inexperienced novice campaigner for an experienced Council Member, Jack Shah wantedi a clean election without candidates belittling other candidates. Perhaps the candidates who were not at the forum were not invited. He recommended that the residents make sure the City grows. No one wants to hurt this City. He hoped the community members would address issues with full knowledge rather than throw out half-truths. Al Rumpilla spoke about Dial -A -Ride services and commended Council for keeping the cost of a ride to a medical facility to $1.50 per one-way trip. He has taken the cab to Loma Linda; and Los Angeles and is currently being treated by a doctor in Pasadena. Each Of the round trips has cost him a total of $3.00. Helen Doss, a 36 -year resident asked the Council to provide an update on the golf course. 4. RESPONSE TO PUBLIC COMMENTS: C/Herrera felt it was important to clarify information and asked CM/DeStefano to place an item on the next City Council agenda that would formally remove from the Council's Goals and Objectives list the item relating to the golf course development. The City needs to make it perfectly clear to residents that the proposed project is dead and that the City is not pursuing any effort to develop or swap the golf course property. She has listened to the community concerns and has had concerns of her own and does not support any development of the golf course. She said she believed the City owed its residents a clear and unequivocal statement on this issue. M/Tye asked CM/CDeStefano to please place the item on a future agenda and address the speaker's question about why a pre -annexation agreement was approved, an item that the Council has effectively dealt with over the last 10 months. He thanked Mr. Rumpilla for making the phone call to Councilman Everett to help speed up the service. CM/DeStefano responded to a speaker that Aera Energy is the owner of almost all of the vacant land between the southerly terminus of D.B.'s municipal boundary and the boundary of the City of Brea. Aera is looking at a development and investment upon the property. Aera approached D.B. about whether it was interested in reviewing a proposall for development of the acreage. Prior to Aera Energy OCTOBER 16, 2007 PAGE 5 CITY COUNCIL spending millions of dollars to prepare all of the documentation to process such a project through the City of D.B., Aera asked if D.B. would look at the proposal, the discussion of which grew into a pre -annexation agreement that set forth a roadmap for review of their proposal. Contained within the pre -annexation agreement which was approved unanimously by the then City Council in December 2006 speaks to D.B.'s interest in looking at the project and does not guarantee any approval whatsoever within the document. A few months later Aera presented its proposal to the City and an Environmental Impact Report writing consultant was employed by D.B, to look specifically at the environmental documentation. The EIR process is a protracted proces$. There are a variety of issues including a traffic study and environmental studies. The developer is paying the City of D.B. for the services that the City is employing to look at the project and in particular the environmental issues associated with the project. The City does not expect the EIR to be done for several more months. Depending on the comments and timeline to respond staff believes that the document will not be ready for any kind of decision-making until well into 2008. Why would the developer be interested in forming a pre -annexation agreement with D.B.? Prior to expending the enormous resources that would be required to process such a project the developer wanted to know if D.B. would be interested. D.B. responded that it would look at the project and would at the same time preserve all of its rights through the public hearing process in order to make an appropriate decision when all information is available. M/Tye asked CM/DeStefano to elaborate on the reason for the pre -annexation agreement. CM/DeStefano stated that the project proposed by landowner Aera Energy incorporates property within Orange County, property immediately adjacent to the City of Brea, property adjacent to the City of D.B., some of which is in the City's future incorporatedboundary as determined by a sphere of influence study several years ago and some of which is outside of the City's current boundaries and a sphere of influence in Los Angeles which Rowland Heights believes should be a portion of their City. Some of the acreage is adjacent to the City of LaHabra Heights and to the City of LaHabra. The project is of such magnitude that there are significant roadwaysegments; a variety of issues with respect to utilities; delivery of infrastructure services from water agencies and other utility agencies that surround the property. It is a very complex project and all of the issues related to construction and delivery of services and whether the project should be approved and constructed with residences and business operations. A scope of this magnitude has never been seen by D.B. and likely the scope that none of the other surrounding cities have seen. If this project moves forward it will require decisions by a variety of governmental entities that go well beyond the City of D.B. This project will require several years to draw to any conclusion. Presuming those conclusions were favorable to the developer only then would construction commence and incorporate all of the issues that all of the decision -makers added during years of review. There is no current public discussion because there are no documents to present to the public. C OCTOBER 16, 2007 PAGE 6 CITY COUNCIL 5. SCHEDULE OF FUTURE EVENTS: 5.1 Planning Commission Meeting — October 23, 2007 — 7:00 p.m., AQMD/Government Center Auditorium, 21865 Copley Drive. 5.2 Parks and Recreation Commission Meeting — October 25, 2007 — 7:00 p.m., AQMD/Government Center Hearing Board Room, 21865 Copley Drive. 5.3 Los Angeles County Sheriff Diamond Bar/Walnut Station's 20th Annual Anniversary Celebration Open House — October 27, 2007 — 10:00 a.m. to 5:00 p.m., Sheriff's Station, 21695 E. Valley Boulevard near Grand Avenue across from Kohl's Department Store. 5.4 Diamond Bar Hall of Horrors — Haunted House — October 30 and 31, 2007 — 6:00 P.M. to 9:00 p.m., Heritage Park, 2900 S. Brea Canyon Road. 5.5 Fall Fun Festival — October 31, 2007 — 4:30 p.m. to 8:30 p.m., Heritage Park, 2900 S. Brea Canyon Road - $5.00 per person. 5.6 Election Day — November 6, 2007 — Polls open at 7:00 a.m. to 8:00 p.m. If individuals need help locating polling places they can go online to www.LAVota.net or, call City Hall at 909-839-7010. 5.7 City Council Meeting — November 6, 2007 — 6:30 p.m., AQMD/Government Center Auditorium, 21865 Copley Drive. 5.8 Veterans' Day Recognition — November 7, 2007 — 9:00 a.m., Diamond Bar Community Center, 1600 Grand Avenue. CONSENT CALENDAR: C/Herrera moved, C/Everett seconded, to approve the Consent Calendar as presented. Motion carried by the following Roll Call: AYES: COUNCIL MEMBERS NOES: COUNCIL MEMBERS ABSENT: COUNCIL MEMBERS 6.1 CITY COUNCIL MINUTES Everett, Herrera, MPT/Tanaka, M/Tye None Chang 6.1 .1 Study Session Minutes of October 2, 2007 — as submitted 6.1.2 Regular Meeting of October 2, 2007 — as submitted. 6.2 PARKS AND RECREATION COMMISSION MINUTES — Regular Meeting for August 23, 2007 — Received and filed. 6.3 RATIFIED CHECK REGISTER dated September 27 through October 10, 2007 totaling $976,701.16. OCTOBER 16, 2007 PAGE 7 CITY COUNCIL 6.4 APPROVED FISCAL YEAR 2007/08 PERSONNEL SUMMARY AND BUDGET ADJUSTMENT. 6.5 APPROVED CONTRACT AMENDMENT NO. 1 WITH LOCAL AGENCY ENGINEERING (LAE) ASSOCIATES, INC. IN THE AMOUNT OF $45,840 FOR AS -NEEDED ENGINEERING SERVICES. 6.6 APPROPRIATED $125,100 OF THE GENERAL FUND BALANCE RESERVE '(RESTRICTED FROM THE PREVIOUS SALE OF PROP A FUNDS) TO THE FISCAL YEAR 2006/07 PUBLIC WORKS BUDGET FOR THE STATE ROUTE 57/60 FREEWAY CONGESTION RELIEF STRATEGY AND APPROVED CONTRACT AMENDMENT WITH SASAKI TRANSPORTATION SERVICES IN THE AMOUNT OF $125,100 FOR PROFESSIONAL SERVICES RELATED TO THE STATE ROUTE 57/60 FREEWAY'CONGRESTION RELIEF STRAEGY. 6.7 APPROVED AMENDMENT NO. 3 TO THE CONSULTING SERVICES AGREEMENT WITH ENVIRONMENTAL IMPACT SCIENCES (EIS), TO INCREASE THE CONTRACT AMOUNT BY $18,370 FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $146,365 FOR ADDITIONAL WORK REQUIRED TO COMPLETE THE ENVIRONMENTAL IMPACT REPORT FOR SOUTH POINTE WEST PROJECT, JCC HOMES. CM/DeStefaino noted that this project was sold to Lewis Homes of California and Lewis Homes has paid the City for this additional work. 6.8 REPORTED ON PROP A TRANSIT SUBSIDY PROGRAM AND DIAL -A - CAB PROGRAM AND AMENDMENT OF FISCAL YEAR 2006-07 PROP A TRANSIT FUND BUDGET TO INCREASE ESTIMATED REVENUE $199,500 AND INCREASE APPROPRIATIONS BY $185,000. 7. PUBLIC HEARINGS: None 8. COUNCIL CONSIDERATION: 8.2 APPOINTMENT TO PLANNING COMMISSION BY COUNCIL MEMBER HERRERA. C/Herrera said that she recently received a letter of resignation from one of her Planning Commissioners. Upon soliciting applications she appointed Jack Shah to the Planning Commission, which left a void on the Traffic and Transportation Commission_ Upon solicitation she received two applications, and selected Kevin House as her appointment to the Traffic and Transportation Commission. She asked for Council approval of her appointment. C/Herrera moved, MPT/Tanaka seconded to approve C/Herrera's appointment of Kevin House to the Traffic and Transportation Commission. Motion carried by the following Roll Call vote: OCTOBER 16, 2007 PAGE 8 AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: CITY COUNCIL Everett, Herrera, MPT/Tanaka, M/Tye None Chang 9. COUNCIL SUBCOMMITTEE REPORTS/COUNCIL MEMBER COMMENTS: C/Everett thanked Icitizens for their public comments. He encouraged all residents to vote responsibly. He congratulated CSD/Rose and the TEAM; from staff and Pomona School District for culmination of the Lorbeer Middle School joint project. He also congratulated CC/Cribbins for being selected by her peers to receive the first ever employee "Award of Excellence" and congratulated IS Director/Desforges on his recognitions, This afternoon he and C/Herrera attended the Public Affairs Network and Valle Economic Partnership meeting to hear speaker Steve Poisner, California Insurance Commissioner speak about his pursuit of issues including insurance fraud, u6insured motorists and workers' compensation. He spoke about "sustainability" asp6cts as they relate to the community and its residents. C/Herrera said she and CDD/Fong also attended the Sustainability Workshop, which offered a new way of thinking for communities. There is not a lot of opportunity for development in D.B. However, it would, in her opinion, be prudent for the City to consider this methodology and perhaps consult with experts that are building big communities. She asked that C/Everett and CDD/Fong make a presentation during a future City Council meeting for better understanding and insight. The Lorbeer Middle School field rededication was an important event for the City. Thanks to'Andrew Wong and other Pomona School Board Members who agreed to improve the campus for the use and safety of the children. Several years ago the Southern (California Association of Governments (SCAG) developed a regional transportation plan (RTP). SCAG has jurisdiction over the planning for six counties in Southern California and determined that the SR60 should have dedicated truck lanes. At that time she contacted representatives from Walnut, Industry, Rowland Heights and Hacienda Heights, all of whom lobbied to consider other freeways for ttuck traffic and discuss an east -west corridor that would include analysis of the 91, 210 and 10 freeways. SCAG modified its plans and removed the SR60 from the document. However, that idea seems to have again resurfaced and SCAG is again studying the possibility. She wanted to reassure residents that she will not let this happen and will marshal everyone she can get to lobby against such a proposal because' it would, in her opinion, be very detrimental to have dedicated truck lanes on the SIR60. She urged everyone to vote on November 6. This is the residents' community and what happens in the future is critical to D.B. MPT/Tanaka attended two ribbon -cutting ceremonies hosted by the East San Gabriel Valley Chamber of Commerce; he congratulated CSD/Rose and staff for persevering on the Lorbeer Middle School track and field improvements. He attended the LA County Fair D.B. committee meeting. LA County Fair will host another D.B. Day at the Fair next year and welcomes input on ways that the event can be approved. He urged everyone to vote on November 6 and exercise this very OCTOBER 16, 2007 PAGE 9 CITY COUNCIL important right. M/Tye said that a speaker talked about the early endorsement of D.B. candidates. Residents have the opportunity to vote and it is a privilege enjoyed by all citizens of the U.S. He encouraged everyone to get the facts by going to the source. A reference was made to a candidate forum and that particular forum was by invitation only and not opera to the public, which he felt did little to foster the exchange of ideas and information. M/Tye welcomed calls for information or questions at 839- 7006 and said he would do his best to get back to the callers as promptly as possible. Residents can reach any of the Council Members at 839-7000 or via the Internet. He encouraged everyone to take advantage of all of the opportunities that the City makes available. Mei Lien Chang, wife of Council Member Wen Chang, is being honored this evening by the Taiwanese Government as one of the top 10 global business Women and C/Chang took leave from his Council duties this evening to honor her. M/Tye said he took part in the 6th Annual Mayor's Cup Race in Irwindale. He congratulated CC/ Cribbins on her Award of Excellence and being the longest tenured City employee. He also congratulated IS/Director/Desforges and Mei Lien Chang on their honors. ADJOURNMENT: With no further business to conduct, M/Tye adjourned the regular City Council meeting at 8:15 p.m. The foregoing minutes are hereby approved this STEVE TYE, MAYOR Agenda No. 6.2 (a ) MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION SEPTEMBER 11, 2007 CALL TO ORDER: Chairman Nelson called the meeting to order at 7:02 p.m. in the South Coast Air Quality Management District/Gov6rnment Center Auditorium, 21865 Copley Drive, Diamond Bar, CA 91765. PLEDGE OF ALLEGIANCE: Vice Chairman Torng led the Pledge of Allegiance. 1. ROLL CALL Present: Commissioners Kwang Ho Lee, Kathleen Nolan, Osman Wei, Vice Chairman Tony Torng, Chairman Steve Nelson Also present: Nancy g=ong, Coi—jimunity Development; Greg Gubman, Planning Manager;; Ann Lungu, Associate Planner; David Meyer, Planning Consultant; David Alvarez, Planning Technician; Gregg Kovacevich, Assistant City Attorney, and Stella Marquez, Senior Administration Assistant. 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None 3. APPROVAL OF AGENDA: As presented. 4. CONSENT CALENDAR: 4.1 Minutes of Regular Meeting of August 28, 2007. VC/Torng moved, G/Lee seconded to approve the Consent Calendar as presented. Motion carried by fhe following Roll Call vote: AYES: COMMISSIONERS: VC/Torng, Lee, Nolan, Wei, Chair/Nelson NOES: CO MISSIONERS: None ABSENT COMMISSIONERS: None 5. OLD BUSINESS:None 6. NEW BUSINESS: None SEPTEMBER 11, 2007 PAGE 2 PLANNING COMMISSION 7. CONTINUED PUBLIC HEARINGS: 7.1 Development Review No. 2007-08 and Variance No. 2007-06 — In accordance with Development Code Section 22.48, the applicant requested approval of plans to construct a new three-story 13,332 square foot single- family residence with an attached 2,993 square foot garage/storagelutility area, a swimming pool and a tennis court. The applicant was also seeking relief from the City's Development Standards to provide for the construction of the three drive approaches and construction of retaining walls in excess of eight feet in height. The subject property is zoned R-1 (40,000) and contains 97,376 gross square feet (2.24 acres) of land area. (Continued from August 28, 2007) PROJECT ADDRESS PROPERTY OWNER: 1626 Derringer Lane Diamond Bar, CA 91765 Wen Shen 2577 Blaze Trail Diamond Bar, CA 91765 APPLICANT: Amat K. Tajuding 17871 Mitchell North, Suite 150 Irvine, CA 92614 PC/Meyer announced that the applicant had not arrived yet. Chair/Nelson sought comments from the Commission and suggested that the Commission move Item 7.1 to after the next public hearing until the applicant arrived. Although VC/Torng agreed, he commented that if the applicant did not appear, the Commission should take appropriate action to make a decision on the project with or without the applicant's presence. The matter was moved to after the next project. The applicant on 7.1 walked in at this time. Chair/Nelson announced returning to Item 7.1 as presented. PC/Meyer presented staff s report and recommended Planning Commission approval of Development Review No. 2007-08 and denial of Variance No. 2007-06, Findings of Fact, and conditions of approval as listed within the resolution. SEPTEMBER 11, 2007 PAGE 3 PLANNING COMMISSION At the request of Chair/Nelson, ACA/ Kovacevich explained how the Commission is to view the City requirements and codes versus Homeowners Associations.. He stated that the City simply does not enforce Homeowners' Association covenants, only the City's codes and HOA enforcement is a matter of privrate enforcement between the association and its individual members. Chair/Nelson emphasized that the Commission is not encumbered'by private CC&Rs when making a decision. There were no ex parte disclosures. Chair/Nelson re -opened the public hearing. Amant Tjuden, TBA Architects, representing the client, thanked PC/Meyer for his excellent' report. He explained that the intent of the Variance request was to avoid elevating the building pad, thus, minimize the need to import soil to the site. He understood that the planning ordinances superseded the HOA requirements. However, the HOA has stringent requirements that do not allow the retaining walls within the setback area. Rather than raise the two- story home the intent was to reduce the massive appearance from the street and install trees to screen the driveway area. VC/Torng asked if the 3 -foot increase would exceed the maximum requirement and CDD/Fong said it would not because the dwelling would be measured from the finished grade and would remain within the 35 feet height limit. Mr. TJuden responded to VC/Torng that the applicant hoped to have the three d iveways because the home was set back on the pad to create more of an gestate" look. The driveway that extends to the basement is off to the side and not as obvious as the primary driveway. The front fountain area is designed', to soften the turf area. Mr. Tjuden further stated that he would prefer to go. with staff's recommendation to install the 3 -foot retaining wall at the property line but the HOA was not granting that option. Mr. Tjudenresponded to C/Lee that the floor plate was 6300 square feet including the garage. C/Lee wondered how many cubic yards of soil would be imported to raise the building and said he felt it would not take much soil. Mr. Tejudan explained that raising the building also has impact on the site as the property descends toward the back of the structure and property over 60 vertical feet. Therefore, the project would actually work against the grade if the applicant were to raise the home by three feet. SEPTEMBER 11, 2007 PAGE 4 PLANNING COMMISSION C/Lee said his question was as a contractor, if the ground level was 6,000 square foot would it be that difficult to import 600 cubic yards of soil to raise the building. Jerry Yeh, contractor, 20770 Greenside, Walnut, said that the cost of importing 600 cubic yards of soil is about $6 per yard. In addition, another issue is the grade on the back of the house. If the house were raised the retaining wall would by necessity become larger. The property had already been graded when the owner purchased the property and the project is intended to utilize the existing topography. The previous owner actually cut out a big hole where the house sits because of the adverse geological conditions that existed. So the applicant has to deal with minimizing the wall and the line restrictions. There is only so much that can be done to push the residual line back. Under those circumstances it seemed that having a wall on the back would not be as aesthetically pleasing aq ayvall by the garage that would be viewable only to the property owner. C/Lee said it seemed to him that the retaining wall would be unstable and to raise it three feet would be simple. Mr. Tjuden said that based on his experience, an 11 -foot wall in the proposed area would be much less problematic and would maintain the integrity of the home. If the home were raised it would take a number of steps to get up to that elevation and that starts to impede on the driveway area. It is not the applicant's desire to create that additional three feet to the podium. It is not just a matter of raising the grade because the grade would have to be kept low in order to access the area without the 11 -foot retaining wall. The area of retaining above 8 feet would be much less obtrusive for access to the garage. C/Lee asked for staffs response to the applicant's comments. CDD/Fong stated that staffs report refers to the use of several techniques, which could include raising the house pad, raising the percentage of the grade for the driveway in order to take up the steepness of the grade and to reduce the retaining wall to eight feet. Another example, the swimming pool should be oriented parallel to the contour of the property rather than perpendicular, which would require less grading. The applicant has not considered that possibility. This is a vacant lot and the applicant should be able to design a house that fits the lot. If the applicant has to use retaining walls, it should be within six feet high. Sometimes the City may consider a minor variance to allow an increase from six feet to eight feet. The applicant must meet the City's requirement as well as the Association's CC&Rs which the City does not enforce. SEPTEMBER 11, 2007 PAGE 5 PLANNING COMMISSION Eugene Lin,', 1606 Derringer Lane (adjacent to the proposed project), acknowledged that at the time the previous owner completed the grading the City did not roquire formal notice, only that the neighbors be notified. When the grading was done it changed the direction of the drainage from the property toward his parent's property. In 2000, the City said there was nothing that could be done at that point. Last Friday he sent letters to the City, Homeowners Association and the project homeowners. Last Thursday he met with ODD/Fong about the project. He said he was concerned that if the grading was not properly done it might not be safe to build such a massive structure in a restricted zone. CDD/Fong desponded to the speaker that the applicant was proposing a large home on a piece of land and a large portion of the proposed structure is within the restricted use area. It is up to the property owner and the engineer to demonstrate that the restricted use area can be eliminated. The certified information would have to be submitted to the City and the City would not issue any permits unless it was certain that the restricted use had been eliminated. Chair/Nelson asked CDD/Fong to explain what the restricted use includes and why it is a restricted use and how the City re -designates such areas. CDD/Fong stated that the restricted use definition is if the site is within an area that has a huge slope and some of the slope areas are not stable. Those areas are designated "restricted use" areas and habitable structures may not be 'built within restricted use areas. Chair/Nelson stated that geotechnical instability that can be re -delineated based on site-specific studies or remedial actions, which will stabilize the area would be the only conditions that would allow a house to be built in that area and that ultimate decision is made by a third party geotechnical engineer that the City hires. The answer is that the City would not allow a house to be built in the restricted area unless the City had a third -party independent assessment indicating it was feasible because it had been rendered safe either by site-specific studies or some remedial actions. CDD/Fong assured Mr. Lin that the details of this project are public information and Chair/Nelson said that if Mr. Lin and his parents had difficulty with any action on the site he should communicate his concerns with the applicant. If there are mudslides on Mr. Lin's property originating from the project site the first contact should be with the property owner. SEPTEMBER 11, 2007 PAGE 6 PLANNING COMMISSION Mr. Lin presented staff with a copy of a letter he originated. Mr. Yeh responded to Chair/Nelson that the applicant would fully cooperate with the neighbor. The reports available to the applicant through the City indicate that the previous owner completed the necessary geological work but that the approval had expired since the applicant purchased the property. The applicant hired the same geologist to update and review the report that was approved by the City four months ago. Mr. Tjuden explained that the new grading plan would not create drain or cross -drain onto the adjacent property and that he would explain the proposed grading plan to Mr. Lin. Chair/Nelson closed the public hearing. PC/Meyer showed the drawing that staff used to indicate the wall could be reduced to 8 feet and that a 3 -foot high retaining wall could be built at the designated location to comply with the City's standards and allow for a five- foot high garden wall to be built atop it at the property line. VC/Torng asked PC/Meyer's opinion of the driveway and fountain configuration and PC/Meyer said that as the City's staff member, all he does is review the plans for compliance with the City's standards as written in the City's Code. The way the driveway condition is written it allows a residential dwelling unit to have one driveway unless it has a frontage of 70 feet at which point two driveways would be allowed. This is a good standard in the normal 8,000 to 20,000 square footage lots in normal residential tracts. Staff is indicating that perhaps that standard is not applicable to an "estate" development in a homeowner association area. Staff is responding to code requirements and it is up to the Commission to render its judgment as to whether deviation from that standard is acceptable and appropriate forthis lot. CDD/Fong emphasized that the variance was a policy decision for the Commission. If the Commission considers this variance it will set a precedent for "The Country Estates" as well as the City because the City has heretofore not allowed three driveways on the same street frontage. C/Nolan asked if the three-foot and eight -foot plan would work and CDD/Fong responded affirmatively. SEPTEMBER 11, 2007 PAGE 7 PLANNING COMMISSION Chair/Nelson asked the intent of restricting the height of retaining walls in the City's Development Code. PC/Meyer said that he was not available during the development of the Code. However, a six-foot high retaining wall is a common standard throughout Los Angeles County. CDD/Fong said she believed the intent was a combination of safety, aesthetics, etc. Certainly cities do not want to see 20 -foot high retaining walls, rather that retaining walls are tefraced and that is why the Hillside Ordinance calls for terracing techniques for retaining walls. At the same time, the terracing technique provides more stability for the cut of the slope. Six-foot retaining walls are fairly standard in hillside areas. The City's code allows some flexibility for increases from six to eight feet with a Minor Variance. In this instance it is not a retaining wall, it is a cut for the driveway to get to the garage area. The reason the City has Minor Variances is to accommodate minor adjustments. Higher retaining walls would be subject to the public hearing process and Planning Commission review. Chair/Nelson said this cut would not be visible to anyone that was not on the driveway. CDD/Fong agreed. In addition, Chair/Nelson said he was more inclined to go with the adoption of the three and eight versus raising the pad because of the traffic on "The Country Estates" streets that would be necessary to import the fill. Streets in that area do not easily accommodate heavy trucks. PC/Meyer explained to Chair/Nelson that the applicant was proposing turf block on the vehicular access area around the fountain. Chair/Nelson asked if the curbs in "The Country Estates" were rolled curbs and PC/Meyer and CDD/Fong responded affirmatively. C/Wei offered that if the applicant eliminated the so-called fence at the front and used the same material for the entire driveway with the fountain in the middle it would reduce the two driveways to one and there would be a second driveway down to the basement garage. This scenario would fulfill the code requirement. He explained his proposal using the graphic. C/Lee moved, C/Wei seconded to approve Development Review No. 2007-08 and Variance No. 2007-06, Findings of Fact, and conditions of approval as listed within the resolution as amended by staff. Motion carried by the following Roll Call vote: SEPTEMBER 11, 2007 PAGE 8 PLANNING COMMISSION AYES: COMMISSIONERS: Lee, Wei, Nolan, VC/Torng, Chair/Nelson NOES: COMMISSIONERS: None ABSENT COMMISSIONERS: None 8. PUBLIC HEARINGS: 8.1 Negative Declaration No. 2007-03, Zone Change No. 2006-01, Tentative Tract Map No. 64881, Conditional Use Permit No. 2007-10 and Development Review No. 2006-11— In accordance with Development Code Sections 22.70, 2232 and 22.48, Subdivision Map Act, and Title 21 — City's Subdivision Ordinance, the applicant requested approval to demolish an existing mini -mart with a drive-through and construct a detached nine -unit residential condominium project. The- proposed condominiums would be two-story with garage parking below the first floor. The unit sizes range from approximately 1,649 to 1,904 square feet. Each unit has a two -car garage, guest parking and patio area. The project's development requires the following discretionary approvals: A Zone Change to change the existing zoning from Neighborhood Commercial (C-1) to Residential High Density - Planned Development (RH-PD) for General Plan compliance; Tentative Tract Map to create a common -interest subdivision on 0.62 acres for the construction of nine residential condominium units; Conditional Use Permit to use the Planned Development designation and modify the required setbacks; and, Development Review to evaluate the architecture and site design of the project. PROJECT ADDRESS: 23671 Golden Springs Drive Diamond Bar, CA 91765 PROPERTY OWNER/ GSDB investment Group, LLC APPLICANT: Joe Kwok 625 Fair Oaks Avenue #115 South Pasadena, CA 91030 AssocP/Lungu presented staff's report and recommended that the Planning Commission recommend City Council approval of Negative Declaration No. 2007-03, Zone Change No. 2006-01, and Planned Development Overlay District Tentative Tract Map No. 64881, Conditional Use Permit No. 2007-10 and Development Review No. 2006-11, Findings of Fact, and conditions of approval as listed within the resolution. SEPTEMBER 11, 2007 PAGE 9 PLANNING COMMISSION C/Lee asked if the City had an ordinance for common open space and AssocP/Lungu responded thatthe minimum required landscaping required is 15 percent with 24 percent provided for this project. CDD/Fong said the City's Development Code had no requirement for common open spacelrecreation areas for condominium or apartment projects other than the landscaping and general open space. AssocP/Lungu responded that guest parking requirements for attached condominiums is .5 spaces per bedroom. However, these units are detached and each unit has its own guest parking and the Code does not address guest parking for detached condominium units. Staff found that one guest parking space and the two -car garage spaces for each unit were appropriate for this project. CDD/Fong indicated to C/Lee that the project requires two parking spaces and in this case the project exceeds the City's minimum requirement. C/Lee said that a lot of green area would be eliminated and the project appeared to be too crowded. VC/Torng wondered why there was no main entrance with guest parking because there was no parking on Golden Springs Drive. Also, should the City put up a "no parking" sign on Golden Springs Drive? CDD/Fong said the City could look into the matter. However, there was no issue at this time and she did not believe residents would park on the street. VC/Torng wondered why there was no wall proposed in front of the complex to mitigate the traffic noise. CDD/Fong responded that according to the Code the construction would have to mitigate the interior noise level. VC/Torng wanted to know why there was no HOA and gate. CDD/Fong said she believed there would be CC&Rs and an HOA and whether or not the community is gated is up to the developer. AssocP/Lungu explained to VC/Torng thatthe HOA condition is contained in the resolution. The walls in the 20 -foot setback are lower walls. VC/Torng said he thought there would be a greater traffic impact to the major streets such as Grand Avenue and Diamond Bar Boulevard. AssocP/Lungu said the reason was that this project would create considerably fewer trips than the current use. VC/Torng said the study should indicate "no significant impact but it is weird that there is no study. AssocP/Lungu referred VC/Torng to the Negative Declaration that stated there were insignificant traffic impacts resulting from this project. His concern is that the report relates only to the area of the condos but should take in consideration all of Diamond Bar. CDD/Fong stated that based on the applicant's traffic study the engineer determined that the threshold of significance was less than the requirement to conduct additional studies beyond the project site. VC/Torng said he understood but that it should be mentioned because this project is an impact to Diamond Bar not just to this small area. VC/Torng said if there was a major impact this project should SEPTEMBER 11, 2007 PAGE 10 PLANNING COMMISSION pay some kind of fee to leverage the traffic impacts. CDD/Fong reiterated that the traffic study determined that the project did not exceed the threshold for consideration of any traffic mitigation. There are only nine dwelling units. The number of trips generated by the nine dwelling units is less than the existing dairy business and how could one make a project that has less trips contribute to traffic mitigation when the existing business produces more trips? VC/Torng said he was agreeing to that but it should be mentioned in the report — at least saying it was studied. It only says "studied the trips into the mini -mart." Chair/Nelson referred VC/Torng to page 38 of the Negative Declaration - the thresholds that discusses traffic loads and capacities on the street system — no impact. Level of Service established by County Congestion Agency on designated roads or highways — no impact. Chair/Nelson said he believed the document addressed VC/Torng's concerns by indicating no impact for all thresholds, thresholds that are provided through CEQA guidelines, which are guidelines to implement the review in compliance with that law. The fact that there is not a lot of detail is not a violation of CEQA in any way. Chair/Nelson said he drove by the site and has known of this impending project for many years. VC/Torng said he too drove by the site. Chair/Nelson opened the public hearing. Joseph Kwok explained the proposed project was expected to serve "empty nesters." He indicated that the dairy's lease had expired and it would not make economic sense for them to continue the business in that particular location. With respect to parking on Golden Springs Drive there is no street parking allowed. Mr. Kowk felt it would not be aesthetically pleasing for the new project to have a wall blocking the view and there are other things that can be done to reduce noise inside the units. He felt it was very important for the project to have an attractive fagade and streetscape. With the amount of open space around the dairy there is a security problem. With the project abutting the neighbors it will improve the security in the area. Indeed the development will provide an overall improvement to the neighborhood. Debbie Avila -Mott, 480 Wayside Place, felt it was a shame to lose the dairy, which is a part of the City's history She would prefer that the investment company renew the dairy's lease and improve the site. Chair/Nelson closed the public hearing. SEPTEMBER 11, 2007 PAGE 11 PLANNING COMMISSION C/Nolan shared the sentiment of nostalgia about the dairy. However, the owners have decided not to renew the lease and it is their prerogative to do so. AssocPYLungu explained to C/Nolan that all traffic studies consider only A.M. and P.M. peak hours and that turn lanes were not at issue in the traffic study. C/Lee was Concerned that he saw no doors to the underground living/parking area and no venting on the submitted plans. C/Lee referred to the underfloor area which is close to the parking area. He does not see any ventilation area. He is Concerned that people can live in the small area but there are no doors or ventilation. He requested that the applicant explain the reason there is no ventilaltion or doors. Mr. Kwok stated that there isn't sufficient room for anyone to live in that space. C/Lee stated that the area looked large enough that people can live there whether to visit, etc., but why does the plan not show it as a living space area with ventilation, doors, etc. Mr. Kwok referred C/Lee to sheet 18. The small area under the stairs does not have sufficient headroom 10 provide a living area. The bonus room is the utility area inside of the garage. C/Lee asked the applicant if the space was open space or living space. The applicant replied that it is not living space. C/Lee was concernedabout carbon dioxide coming from the garage. Mr. Kwok said there would be a natural air vent into the garage area. Next to the garage is open space for ventilation. Only about three feet of the garage area is underground. Chair/Nelson said he too appreciated the history of the dairy. However, is there anything about this project that is not in compliance with the City's Development Code, which is what the Commission is here to enforce? CDD/Fong', responded that the project complies with the City's Development Code. Chair/Nelson referred to a correspondence received by the Commission that indicated that the City was considering this project because it would receive more tax dollars. However, commercial development provides more tax revenue than residential development. CDD/Fong confirmed Chair/Nelson's assumption. Chair/Nelson reiterated the need for housing in'the southern California area and this particular piece of property would offer a good placement for residential housing. In spite of the fact that C/Nolan was very sad that Jim's Dairy was going away, the project before the Commission is in full compliance with the City's Development Code. C/Nolan moved to recommend City Council approval of Negative Declaration No. 2007-03, Zone Change No. 2006-01, and Planned Development Overlay District Tentative Tract Map No. 64881, Conditional SEPTEMBER 11, 2007 PAGE 12 PLANNING COMMISSION Use Permit NO. 2007-10 and Development Review No. 2006-11, Findings of Fact, and conditions of approval as listed within the resolution. VC/Torng seconded the motion. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS NOES: COMMISSIONERS: ABSENT COMMISSIONERS: Nolan, VC/Torng, Lee, Wei, Chair/Nelson None None 8.2 Conditional Use Permit No. 2007-12 — In accordance with Development Code Sections 22.58 and 22.42, this was a request to operate a tutoring center within a leased space of 4,293 square feet in an existing center zoned C-2 (Neighborhood Commercial. PROJECT ADDRESS: PROPERTY OWNER APPLICANT: 3211 Brea Canyon Road, Suite A Diamond Bar, CA 91765 Aaron Raphael 12400 Ventura Boulevard #238 Studio City, CA 91604 School -Connection 20781-5 Amar Road Walnut, CA 91789 PT/Alvarez presented staffs report and recommended Planning Commission approval of Conditional Use Permit No. 2007-12, Findings of Fact, and conditions of approval as listed within the resolution. There were no ex parte disclosures. Chair/Nelson opened the public hearing. Dani Wu, said she was present to answer Commission's questions and concerns. Judy Leon spoke highly of School -Connection and Ms. Wu and felt her school would be a good addition to the City of Diamond Bar and good news for parents. Chair/Nelson closed the public hearing. SEPTEMBER 11, 2007 PAGE 13 PLANNING COMMISSION C/Wei moved, C/Nolan seconded, to approve Conditional Use Permit No. 2007-12, Findings of Fact, and conditions of approval as listed within the resolution. (Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Wei, Nolan, Lee, Nolan, VC/Torng, Chair/Nelson NOES: COMMISSIONERS: None ABSENT COMMISSIONERS: None 9. PLANNING COMMISSIONER COMMENTS/INFORMATIONAL ITEMS: None 10. STAFF COMM ENfTS/INFORMATIONAL ITEMS. 10.1 Public Heoring dates for future projects. 11. SCHEDULE OF FUTURE EVENTS: As listed in tonight's agenda. ADJOURNMENT: With no further business before the Planning Commission, Chair/Nelson adjourned the regular meeting at 9:03 p.m. Attest: Respectfully Submitted, NancvYong, go�nmunVy Development Director Steve Nelson, Chairman i Agenda No. 6.2(b) MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION SEPTEMBER 25, 2007 CALL TO ORDER: Chairman Nelson called the meeting to order at 7:03 p.m. in the South Coast Air Quality Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar, CA 91765. PLEDGE OF ALLEGIANCE: C/Lee led the Pledge of Allegiance. ROLL CALL Present: Commissioners Kwang Ho Lee, Kathleen Nolan, Vice Chairman Tony Torng, Chairman Steve Nelson Absent: Commissioner Wei. Also present: Nancy Fong, Community Development; Greg Gubman, Planning Manager; Ann Lungu, Associate Planner; David Meyer, Planning Consultant; David Alvarez, Planning Technician; Gregg Kovacevich, Assistant City Attorney, and Stella Marquez, Senior Administration Assistant. 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None 3. APPROVAL OF AGENDA: Chair/Nelson proposed moving Item 7.1 to after Item 8.2. The Commissioners unanimously concurred. 4. CONSENT CALENDAR: 4.1 Minutes of Regular Meeting of September 11, 2007. VC/Torng moved, C/Lee seconded to approve the Consent Calendar as presented. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT COMMISSIONERS: 5. OLD BUSINESS: None 6. NEW BUSINESS: None VC/Torng, Lee, Nolan, Chair/Nelson None Wei SEPTEMBER 25, 2007 PAGE 2 PLANNING COMMISSION 8. PUBLIC HEARINGS: 8.1 Development Review No. 2006-42 and Minor Conditional Use Permit No. 2006-19 — In accordance with Development Code Sections 22.48 and 22.56, the applicant requested approval of site and architectural plans to construct a 1,294 livable square foot addition and a 438 square foot detached patio cover to an existing 1,786 square foot single family residence on an existing 12,030 lot zoned R1-8000 with a consistent underlying -- - - -- General -Plan -Land -Use -designation of -Low -Medium-Residential_(RLM)_and __ Minor Conditional Use Permit for the continuation of a non -conforming side yard setback. PROJECT ADDRESS: 22505 Lark Spring Terrace Diamond Bar, CA 91765 PROPERTY OWNER/ Steven and Hsin 22505 Lark Spring Terrace o APPLICANT: Diamond Bar, CA 91765 PT/Alvarez presented staffs report and recommended Planning Commission approval of Development Review No. 2006-42 and Minor Conditional Use Permit No. 2006-19, Findings of Fact, and conditions of approval as listed within the resolution. There were no ex -parte disclosures offered. Chair/Nelson opened the public hearing. Steve Samniego, property owner, asked for the Commission's approval of a modification and improvement. Chair/Nelson closed the public hearing. C/Lee moved, C/Nolan seconded to approve Development Review No. 2006-42 and Minor Conditional Use Permit No. 2006-19, Findings of Fact, and conditions of approval as listed within the resolution. Motion approved by the following Roll Call vote: Lee, Nolan, VC/Torng, Chair/Nelson None ABSENT COMMISSIONERS: Wei AYES: COMMISSIONERS: NOES: COMMISSIONERS: SEPTEMBER 25, 2007 E:1 PAGE 3 PLANNING COMMISSION Developmelnt Review No. 2007-20 and Minor Variance 2007-07 — In accordance i,with Development Code Sections 22.48 and 22.52 the applicant requested approval of site and architectural plan to construct a new 12,347 livable square foot dwelling with a 573 square foot two car garage and a 1,162 square foot detached four -car garage on an existing 52,272 Lot zone R1-40,000 with a consistent underlying General Plan Land Use designation of Rural Residential (RR), and a Minor Variance for a 4 -foot 6 -inch entrance block wall. PROJECT ADDRESS: 2218 Indian Creek Drive Diamond Bar, CA 91765 PROPERTY OWNER: Sophia Chen 2822 Bentley Way Diamond Bar, CA 91765 APPLICANT": P.W. and Associates 5917 Oak Avenue, Suite 110 Temple City, CA 91780 PT/Alvarez presented staffs report and recommended Planning Commission approval of Development Review No. 2007-20 and Minor Variance 2007-07, Findings of Fact, and conditions of approval as listed within the resolution. Chair/Nelson opened the public hearing. Phillip Wong, Architect, asked for Commission approval. Chair/Nelson closed the public hearing. C/Nolan moved, VC/Torng seconded to approve Development Review No. 2007-201 and Minor Variance 2007-07, Findings of Fact, and conditions of approval as listed within the resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Nolan, VC/Torng, Lee, Chair/Nelson NOES: COMMISSIONERS: None ABSENT COMMISSIONERS: Wei SEPTEMBER 25, 2007 PAGE 4 PLANNING COMMISSION 7. CONTINUED PUBLIC HEARINGS: 7.1 CONDITIONAL USE PERMIT NO. 2007-09 DEVELOPMENT REVIEW NO. 2007-22 AND VARIANCE NO. 2007-05 — In accordance with Code Sections 22.58, 2248, 2254 AND 22.42, the applicant requested to install a telecommunications facility #LA73XCO17. The installation consists of antenna attached to a faux elm tree commonly referred to as a "monoelm" and an equipment building to match the existing park structures. A Conditional Use Permit approval was required in order to operate a cell site; ----Development Review approval was required -for the design/architectura— ----- review, and the Variance approval was required for the 45 foot tall "monoelm," which exceed the 35 -foot maximum height allowed for a structure. (Continued from August 14, 2007) PROJECT ADDRESS PROPERTY OWNER: APPLICANT: Ronald Reagan Park 2201 Peaceful Hills Drive Diamond Bar, CA 91765 City of Diamond Bar Sprint Nextel 310 Commerce Irvine, CA 92602 PT/Alvarez presented staffs report and recommended Planning Commission approval of Conditional Use Permit No. 2007-09, Development Review No. 2007-22 and Variance No. 2007-05, Findings of Fact, and conditions of approval as listed within the resolution. VC/Torng said that what PT/Alvarez presented in his staff report was not in the Commissioner's packets. He hoped the project would be easier to understand for everyone involved and if the Commissioners are not able to review the information ahead of time it is difficult to render a decision. He remembered that he asked the applicant to make an effort to co -locate and he wanted to know what kind of effort the applicant had made. In addition, the second choice was to propose an alternate location. He questioned how far the applicant intended to move the antenna back from the original location. He concluded that a lot of the information was not available. He hoped the applicant could provide the information the Commission requested SEPTEMBER 25, 2007 PAGE 5 PLANNING COMMISSION but would have preferred that the applicant provide the information ahead of time so that the public and the Commissioners could read and understand the applicant's effort ahead of time. VC/Torng asked if his statement was correct and CDD/Fong responded that staff's report did include the plan that showed the relocated pole but for further clarification staff added tonight's information on the current plan only to better illustrate the proposal so that the Commission and audience would be very clear on the new location of the pole. The applicant could have - - -provided-arddition-al-illustrations-to-make -it clearer-to-the--Planning­ Commissioners. Chair/Nelson asked PT/Alvarez to summarize the benefits of relocating the monoelm on the property. PT/Alvarez responded that the applicant submitted propagation maps to show the Commission alternate sites and co - location sites. He suggested the applicant be asked to address that issue. The current site was moved away from the flat pad to the slope because the applicant was unable to find other locations and co -locations for the necessary coverage. CDD/Fong stated that by relocating the monoelm into the slope area it does not take away from any usable park space and no one would play within a 2:1 slope. The height of the pole is about the same, it looks like a tree and is camouflaged by the tree and screened by other large trees in the area. Therefore, the applicant has attempted to address the many concerns of the Commissioners and the residents that the tree would take away usable park space. With respect to coverage, according to the applicant, moving the tree would meet the applicant's needs in providing the needed coverage. The applicant looked at locations outside of Diamond Bar and found the coverage to be inadequate. The applicant has colored illustrations that show that were the antenna to be located in other communities it would not provide the same level of coverage as it would if the pole were located within Ronald Reagan park. Therefore, the applicant believes that the proposed site at Ronald Reagan park would still be the best location for providing the best coverage. In response to C/Nolan CDD/Fong indicated that the highlighted yellow items are the current location of the picnic tables and staff is not planning to relocate any park equipment. If the monoelm were placed within the 2:1 slope as indicated the height would be lowered to some degree. SEPTEMBER 25, 2007 PAGE 6 PLANNING COMMISSION CDD/Fong responded to Chair/Nelson that if the monoelm were relocated as proposed it would be further away from the picnic tables and park equipment in general. Chair/Nelson reopened the public hearing. Ed Gala, Sprint/Nextel, explained the potential coverage areas using an overhead map and pointed out that the proposed antenna site was moved out of the park area into the slope area to avoid any possible perception of -impact-to usable park -space. This project -as modified -and -designed -is -in compliance with the City's wireless regulations and requirements. The monoelm is similar in size and structure to other trees in the area. With respect to distances from residential uses, the code indicates the height of the pole plus 20 percent or a distance of about 54 feet with this facility being more than 200 feet from the nearest residential use (four times the City's standard). Ronald Reagan Park is a City pre -approved wireless site, which indicates to Sprint/Nextel that wireless sites are expected and encouraged to locate there. In fact, there are no homes in front of the antenna and this appears to be the best spot to locate an antenna within the park. He reiterated that if the Commission offered a preferred spot within the park, Sprint/Nextel would certainly be open to exploring that possibility as well. VC/Torng said he appreciated Mr. Gala's effort and asked if he had discussed this project with any of the residents. VC/Torng further stated that the alternate locations were the same locations discussed in the past. VC/Torng asked again if there is not really a new location that Sprint/Nextel can consider? Mr. Gala responded that the Commission asked the applicant to explore the Verizon site on Golden Springs Drive. Sprint/Nextel explored that site and ran the coverage plots and it did not fulfill the need of the search ring. Also, the water tank was a site that the applicant was asked to explore and Sprint/Nextel provided the coverage plots and that worked to some degree but did not fulfill the requirements. VC/Torng asked if there was a big difference from the water tank and Mr. Gala responded yes — the two sites do not cover Pathfinder Road, which is the primary objective of this proposed cell site. Sprints coverage ends at the park and this would commence at the park to provide coverage to the gap west, north and south. VC/Torng said that is why the Commission wanted to know that up front. And so the applicant considered only those two locations — Brea Canyon Cutoff and the water tank. What about Rowland Heights? Did the applicant consider any Rowland Heights sites? Mr. Gala explained that the Verizon and water tank sites are in Rowland Heights off of Brea Canyon Cutoff. SEPTEMBER 25, 2007 PAGE 7 PLANNING COMMISSION VC/Torng asked if Brea Canyon Cuttoff was the Rowland Heights side? VC/Torng asked what about Pathfinder Road and Brea Canyon water tank because that location is on the City map. Mr. Gala again showed the coverage plot from Pathfinder Road and Brea Canyon. Due to the terrain constraints !it would be shielded from providing coverage on Pathfinder Road. Mr. Gala reminded the Commission that at previous Commission meetings he spoke about other alternative locations including the elementary school to the south and co -location off of the SR57, which is already a Sprint/Nextel site. VC/Torng remembered that at the last meeting Mr. Gala promised to call -Verizon. Mr—Gala responded -that -the applicant -called -Verizon -which -is -- how they obtained the address of the Verizon site. VC/Torng said how come Verizon can provide such a service - good reception. Mr. Gala said he could not answer that question. When Sprint/Nextel ran the coverage plots the results were as previously indicated and there was no coverage on Pathfinder Road. Mr. Gala said he could not speak for how Verizon was covering Pathfinder Road. From his personal experience his coverage dropped as he rounded the bend at the park and he did not have coverage again until he got down near Golden Springs. VC/Torng asked if there was old technology that needed to be matched up with Verizon because with Verizon there is very good reception in Diamond Bar. So Sprint/Nextel has already considered that and there is no way to do it? Mr. Gala said VC/Torng was correct. VC/Torng said then he had nothing to say. Chair/Nelson said that last time the Commission asked Sprint/Nextel to explore all possible co -location facilities in the area. He said that he understood'that the sites with no possibility to provide coverage would not be pursued. He asked if the co -location with Verizon on the overhead was the only one available and Mr. Gala responded "yes." C/Nolan asked Mr. Gala to comment on the future of satellite coverage and whether that would allow for the future removal of cell sites. Mr. Gala said he did not believe that Sprint or Nextel would be using satellites because of the low power and radius. In order to provide transmission the provider would need a much larger transmission source (cell radio) to reach a satellite. He said he believed that all carriers would continue to use multiple cell sites on the ground for the foreseeable future. Chair/Nelson reopened the public hearing. Valerie Geddes Curnihan, 2211 S. Meadow Lane, asked that Sprint try to look for a neighborhood that does not already have existing homes so that SEPTEMBER 25, 2007 PAGE 8 PLANNING COMMISSION families moving in can decide if they want a cell phone tower near their homes. She knew there was already a cell phone tower at Diamond Bar High School which is about three blocks from where she resides and if another cell tower is located at Ronald Reagan Park it would be about two blocks west of her home with possible radiation from both sides. She is a bladder cancer survivor and she has two small children and knows that the health risk has not yet been proven and asked that the cell tower not be placed at a park where young children play because their bodies are growing. She felt that if Verizon could cover Pathfinder Sprint/Nextel be able do so 8s well -She felt that-the�ealth ott erself-arrd-herneighbors-was----- not worth one street that may dip in cell phone coverage and she was willing to live without coverage if she could have peace of mind and, if she and her family could have a healthy place to live. She asked that the Commission to stand behind the residents and ask Sprint to keep looking. She felt there were sites in Rowland Heights including a park site with hills that might be beneficial to Sprint. Theresa, 20919 High Country Drive, wanted to know why she got such good reception from Verizon and their coverage was so big and the applicant's coverage was so small? Stephen Davis, 20763 Rim Lane, asked for the map to be displayed. He said that according to the map, about 85 percent of the benefit would be outside of Diamond Bar so this project is proposed for a park in Diamond Bar to support Rowland Heights. In order to construct the tower the access road will run behind the tennis court and trees will have to be cut down along the walking path and the entire area would be converted to asphalt. He felt there might be better technology to handle this situation. He said he spoke with a friend of his who is the mayor of Westlake Village. The mayor told him that they use technology that is mounted on light poles just above street level and he did not understand why that type of coverage would not be available for Pathfinder Road. Also, he has not heard any discussion about the impact to property values. Whether there is a health concern as well as a concern about the equity in their homes. It seemed to him there might be better and less intrusive ways to get the cell coverage. Frank Chen, 20803 Quail Run Drive, said his 10 -year old son has been complaining about headaches and Mr. Chen was concerned about the radiation. He has lived close to the water tank and he does not like to have any towers in his area because he spent a lot of money on his home and he SEPTEMBER 25, 2007 PAGE 9 PLANNING COMMISSION was concerned about loss of equity and health as well. He and his neighbors do not want any towers in the park. Dolores Gui home and her window Her husban magnetic fiE is going to b wished the not think it jave, 20745 E. Rim Lane, said this tower would be in back of her -ie wanted the Commission to know that today she looked out and saw at least 100 five to six year-old kids practicing soccer. I is an electrical engineer. She has read studies that state that ds should be at least 500 feet away from homes and this tower 200 feet away and there is a health risk to these small children ieprk-She feltthere should -be -a -safer -site -for -this -tower -She - --- :ommission would consider a different location because she did as fair for the residents of Diamond Bar. Angie, 2080 Peaceful Hills Road, said she was not concerned about the price of thel real estate but she was concerned about the health of the people. Ra�iation is a major concern in her opinion. She knows that there is high voltage for any tower and it is bad for the people's health. People are sad there w II be a tower in their area and their feelings and health is most important and more important than technology. Patrick Wen, 20799 East Rim Lane, said this installation would greatly affect his house. obody likes to live near a high voltage tower because of the radiation unless you cannot afford a high priced house. Of course there is no direct scientific proof indicating that radiation causes cancer and leukemia but studies i0dicate that people living near high voltage towers have a higher rate of leu4mia and of course that makes him concerned about this cell pole. Most'of the residents in this area do not really need that pole. If people haveVerizon they can receive the signal. Some people do not care if they have g od reception in this area. If the City approves the project he would suggest that the pole be put next to the Verizon site and put a smaller antenna on the water tank to cover a larger area. VJ Butah, 20793 East Rim Lane, wanted to show pictures he took about 10 days ago sh wing hundreds of kids playing in the park. The water tank is 4,635 feet away from the park and is at a higher location than Ronald Reagan Park. Sprint's map shows that if they drew a circle from the water tank they would get a lot better coverage from that location than from Ronald Reagan Park. The last time Sprint did not look at this location and this time they have refused to look at this particular tower and his feeling is that it is because it is located in the County of Los Angeles where the process of getting a cell tower approved is much more stringent than it is in Diamond SEPTEMBER 25, 2007 PAGE 10 PLANNING COMMISSION Bar. He lives in a neighborhood where people are concerned with location and direction of their homes and staircases. When he bought his home it was on the market for six months because it was oriented poorly for some people and he was able to pick it up more cheaply than if it had a better design. He felt that if a cell tower were built in the park the sale prices of the homes would decrease dramatically. People will not buy these houses because there is a cell tower in close proximity and he felt the Commission should look into this matter before making its decision. There are 15 homes that will go down in value by 10 to 20 percent. He does not understand why tI-ie tower cannot be put -at -the south hill -where there-is--open-land-He-felt-- — $18,000 a year was a small amount to collect for all of the negative issues that would result from this installation. Chin Chow Yun said that everyone he asked about the cell tower in Ronald Reagan Park was against the installation. In addition, he obtained over 100 signatures on a petition in opposition to the project, which he delivered to City Hall. Today it is very clear to him and to the community that it will impact the environment and safety. The applicant also emphasized that it would increase the value of the homes. He believed that no telecommunication antenna would increase the value. His community is different. Put the antenna in your backyard, please. According to their statement everything is legal and follows state law and it is good for the community. He said he knew that his community had no recourse but it does not mean that the project should move forward. It is more about the relationship of a community, property deflation, public safety and public interest. Residents pay taxes and he also pays association fees. This is not fair to the community. Ronald Reagan Park is a busy place and many children play here. Who will be responsible when the winds or earthquake cause the structure to collapse? He wanted the applicant to find another remote location and not build the antenna in a busy area. Tony Lee, 20836 Quail Run said he had attended about three of these meetings and he appreciated the time invested. Technology and cell phones are important in today's world. There have been eloquent speakers today who have pointed out that there is another location with a water tower that is already destined for a utility use in a nearby city, which certainly should be considered. If the intent were to mitigate the coverage on Pathfinder he would prefer to take a lower dosage on a smaller transmitter than to have one large transmitter. If the technology is available it should be used. He was hoping to hear consideration of smaller towers on street light poles rather than one larger tower similar to what has been done in Westlake. In 1 SEPTEMBER 25, 2007 PAGE 11 PLANNING COMMISSION fact, there i$ a micro tower on Fairway that covers Fairway to Brea Canyon. He said he Was not looking to stop technology but felt there was a better fix than a large fake tree in a park. Chun Char'g, 20718 E. Mill Lane, said there were more questions than answers a d he would like for the Commission to make a good decision. Many peop e visit the park. People need the park and the park needs the people. Don't let the people be mentally tortured over this matter. VOl lull LUJ for both pa residents v� residents u believed th best solutic why she is Chair/Nelsc health risk restricted fn to a questi unavailable about the w not provide as appropri I -Q -a a i l -Run -D riv�b e l tevad-ttrat-a-fair-prop o s a l -s h oui d-tre-good es. However, she feels there will be a negative impact on the i respect to health, safety and decrease in property values. The ierstand that Sprint wants to increase its coverage area and she e were other better alternatives. Ronald Reagan may be the for the applicant but it is really bad for the residents and that is rongly opposed to this project. said there were a number of folks who spoke about potential d he asked ACA/Kovacevich to address how the Commission is n such consideration. Chair/Nelson asked Mr. Gala to respond i about the space in the park that would be impacted and )r turf grass due to the access road construction; the question ter tank coverage and why that site at a higher elevation does :ttercoverage; and comments with respect to better technology Mr. Gala st ted with respect to the access there would be a paved access road from the parking lot to the equipment shelter. There is no access road proposed to the cell tower. Once these towers are in operation they are rarely visited by techs. The equipment shelter is typically visited on a monthly bads to make sure the equipment was properly operating and change out some basic radio stations. There are no other impacts to the park. In fact, the road would not be necessary for Sprint if the Commission wanted it eliminated. The Parks Department asked forthe paved road. With respect to property values, he presented a number of reports prepared by independent sources that indicated there was no impact. In fact, the homes closest to the cell tower increased in value more than those further away. Sprint customers looking to buy a home would be pleased to have the coverage. With wireless Internet coming, everyone will want coverage and what this doss is allow residents in the area to have a choice among carriers. With respect to micro cells on Pathfinder, Sprint/Nextel has installed this type SEPTEMBER 25, 2007 PAGE 12 PLANNING COMMISSION of technology in certain locations such as windy hillside locations. The micro cells would actually be closer to home sites. This site is a pre -approved site for wireless, which encourages Sprint/Nextel to go to this park following the City's regulations. Supposedly in designating this as a pre -approved site the City Planning Commission and City Council evaluated the same impacts that are being discussed during this public hearing and deemed the installation acceptable. The project complies with all standards and warrants approval. Mr. Gala stated that his company provided information on the propagation map from the water tank on the Brea Canyon Cutoff that it did not propagate o PatLifmde- r fZoad because the signal —acked-bytKehiltsDifferent technologies and frequencies propagate at different ranges. Conceivably, that is why Verizon can cover the site from a greater distance than can Sprint. Also, the grid patterns differ so they may be covering it from an area that Sprint/Nextel is not aware of somewhere higher up or further away. Sprint technology is very site specific and very low range. With regard to co - location it would be the applicant's first choice. If co -location were possible it would save Sprint lots of time, lots of money and lots of grief because the applicant would not have to go through the public hearing process again. In short, if there were a co -location opportunity Sprint would have taken it. There is none. The site as designed meets the standards and should be approved. C/Lee said that a speaker claimed that a low -frequency tower output is akin to a microwave and he believed that it was more fiction than truth and is it true? Also, what is the typical wattage and voltage of the facility? Mr. Gala explained that during the last Commission meeting the RF Engineer went into detail about those issues, which is in the public record. Basically, these are very low power facility - typically less than 200 watts per sector. Radio stations broadcasts radio waves at 10,000, 20,000 and 50,000 watts of power. These facilities are radio wave. Radios have been in common use since the 1920's. This is not a new technology. The tower is made usable through the use of computers - the blending of computers with radio waves that allow the handoff of phone calls to different cell sites. No one is afraid of radios in their homes. People are bathed in radio waves now from countless sources much more powerful than the proposed facility and no one is afraid of those types of radio waves. And that is why the federal government preempted local jurisdictions from considering health impacts because the technology is not new and it has been deemed safe and is in common usage throughout the world. SEPTEMBER 25, 2007 Edeese YL installation done and n because of property va After the to) should torr C/Nolan sa PAGE 13 PLANNING COMMISSION ig, 20777 Missionary Ridge, said she heard twice that this /ould increase home values. It depends on when appraisals are iybe values will increase only five percent instead of 10 percent the tower. If the applicant insists the tower will increase the je appraisals could be done today before the tower is installed. ,er is installed another appraisal could be done and the applicant >ensate everyone for the difference in the property value. that with respect to allowing speakers to return to the podium, and propert value an issue that is to be considered? CDD/Fong responded that the job of the Planning Commission is to consider the land use and whether the land use is compatible with surrounding uses. Economics is not part of the discussion and should not be considered. Everyone has an opportunity to speak and if someone has something new to add to the discussion hey should be allowed to speak. Property value and economics is not withi the purview of the Planning Commission. A speaker said the applicant stated the property values would not drop and he believed the applicant was wrong because a real estate agent would point out that t*e is a pole about 200 yards away and a potential buyer would discount the property value. Chair/Nelson closed the public hearing. Chair/Nelsdn asked ACA/Kovacevich to discuss what the Commission is allowed to consider when deliberating on this matter with respect to health issues. AC Kovacevich responded that quite simply, federal law prevents the Commission from considering perceived health effects. The only issue is whether the equipment proposed complies with FCC requirements and this does. Thee is broad preemption generally in the area of telecommuni- cations regulation. Local zoning authority is preserved except when strict application of the zoning laws would result in a significant gap in coverage. "A significant gap in coverage" could be considered if there were a considerabl6 number of people that utilized this technology using this road that would 'make it inconvenient for the user. This matter is for the Commission to decide. One of the issues that came up tonight is the issue of co -location, which as the Commission is aware, the City's ordinance prefers as the number one preferred alternative. Many speakers expressed bewilderment over other carriers being able to serve this area from certain areas and print not being able to co -locate in those areas and obtain the SEPTEMBER 25, 2007 PAGE 14 PLANNING COMMISSION same coverage. There are differences between technologies. The Commission can decide whether it believes there is enough evidence in the record to demonstrate that co -location is truly not feasible in this instance. VC/Torng said he thought he heard the attorney say what has concerned him. There have been three meetings about this issue and the Commission is still trying to find the best co -location. He felt this was an "arrangement" issue and he strongly believed in the technology also. Up to today he was not provided clear maps to study ahead of time and he still did not un er— std where the circ a is and -he still d -id not-ande7stand-th�coverage issue. The residents are against it and if tonight's meeting represents 80 or 90 percent of the residents the business case is really bad. He heard the applicant mention that this is a City pre -approved location and he indicated to CDD/Fong that he felt this matter should be pushed back to the City Council because when the City Council made the decision that this was a pre - approved location they probably did not hear the voice of the residents. Weighing all of the factors he respectfully submitted that in his mind this was not a good project. He would like for the applicant to have the opportunity to talk to the City Council because when the City Council pre -approved this location they did not hear the voice of the people and he believed the voices should be heard by the City Council. And if the Commission makes the decision it is approved and it will not go to the City Council. The Commission's decision is final, right? CDD/Fong said the Commission's decision would be final unless it was appealed to the City Council. VC/Torng said for this project the applicant should have one more chance to talk to the City Council because based on all of the facts it really is not a good project and he thought that that even though it was a pre -approved location the City Council should have a chance to understand and listen to the people's voice and let them know why this is a good location. When they do the planning and everybody who does the plan will do their job. Sometimes it is not a good plan so the Commission has to let the City Council know this is not a good plan but he would like for the applicant to have an opportunity to present his plan to the City Council. VC/Torng asked for comments from the Council. C/Lee said the City Council members are elected officials and they are elected to represent the people. Their decision should be respected. We are all citizens and this is a public common benefit and the Commission should decide tonight. SEPTEMBER 25, 2007 C/Nolan be technology families anc However, o respect to p that the ser immaterial. Diamond B, service. SI PAGE 15 PLANNING COMMISSION eved that this was the nature of the beast. This is the age of ind time of change. She has children that are starting their own none have a landline. She is not saying landlines are obsolete. II phones and wireless Internet is something to consider. With operty values, it is not for the Commission to debate. The idea ice is either for people in Diamond Bar or in Rowland Heights is It is "mobile" service. There are many people who live in r and travel outside Diamond Bar who would benefit using this e believed the applicant had a right as a business owner to been signifiant research done to determine that possible co -locations would not provide jhe necessary service. She believed the Commission needed to make a de6ision and not refer the matter to the City Council. The Commission has been provided adequate information to make its decision. C/Nolan offored a motion of approval. CDD/Fong $aid she would like to poll the Commissioners and give the applicant an opportunity to accept the action of denial or return to the Commission with additional information. C/Lee said he would like to hear C/Nolan's motion and make his decision. C/Nolan said she understood staff's concern and withdrew her motion in favor of a s0aw poll. Straw Poll: C/Nolan — a prove VC/Tor ng —deny CDD/Fong clarified the City's ordinance that indicated the site was pre - approved fort consideration of a cell tower. The location is not pre -approved for a tower and that is why the applicant must proceed through this review process. Chair/Nelson, asked for clarification. CDD/Fong stated that the City has established an opportunities map to designate locations for carrier in orderto prevent antenna farms. Where a location might have five or six different poles. The City wants to make certain that poles are within certain designated 0reas, but not every site is appropriate for a pole, monoelm or SEPTEMBER 25, 2007 PAGE 16 PLANNING COMMISSION other types of cell towers. The locations designated and what the applicant referred as "pre -approved" were simply locations that offer opportunities for cell towers. The City limits the number of cell towers and each cell tower is subject to a land use entitlement approval. Most of public facilities including schools, water tanks, public parks, etc., are listed an opportunities map. C/Lee – approve Chair/Nelson said that what bothered him was that there was no scientific evidence that would cause him to denytKe project-lfiapproved; he -would -- have suggested that the access road to the maintenance shed be eliminated. Moving the tree away from the play area to the slope is a good thing. He said he did not view his role as having the authority to deny the project per se, it is really to make projects as good as they can be. The clarification about the park being a "pre -approved location" makes him feel as if the Commission is empowered with a bit more discretionary authority. The compelling reason why he is not in favor of this project is because of what the Commission is hearing from the community. If the Commission's job is to do what is good for the community the community has stated it is not in favor of this project. Even if the City were to spend the next 30 years convincing the residents that there is no health risk associated with these facilities there remains the stigma that they will feel and live under; whether or not it will affect property values is an unknown. However, since residents have come out three times in a row he would have to say this project is not good for the community. Straw poll – 2-2; CDD/Fong said that a two to two vote would be considered a denial. CDD/Fong recommended that the Commission continue this item to October 9, 2007, and direct staff to prepare a Resolution of Denial for consideration. ACA/Kovacevich said that some Commissioners commented earlier that they would like to have the City Council address this matter. Obviously, a vote to deny would be appealed by the applicant, which would move the matter to the City Council for consideration. Chair/Nelson said he did not agree with VC/Torng's comment that this matter should be considered by the City Council rather than the Commission because Chair/Nelson believes that the Commission is charged with taking care of the business brought before it. SEPTEMBER 25, 2007 PAGE 17 PLANNING COMMISSION C/Nolan staked that her decision was based on having visited the site, having sat in the xact spot where the antenna was originally proposed to be located, ha ing stood on the slope looking down the unusable slope and with that she would vote to approve the project. C/Nolan moved, C/Lee seconded, to approve Conditional Use Permit No. 2007-4 Development Review No. 2007-22 and Variance No. 2007-05, Findings of Fact, and conditions of approval as listed within the resolution as amended toll remove the asphalt pathway. Motion failed by the following Roll Call vote. - — AYES: COMMISSIONERS: Lee, Nolan NOES: COMMISSIONERS: VC/Torng, Chair/Nelson ABSENT: COMMISSIONERS: Wei VC/Torng moved, Chair/Nelson seconded, to direct staff to bring back a Resolution �f Denial. Motion passed by the following Roll Call vote: AYES: COMMISSIONERS: Lee, Nolan, VC/Tomg, Chair/Nelson NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Wei RECESS: Chair/Nelsoh recessed the Planning Commission meeting at 8:56 p.m. RECONVENE: Chair/Nelson reconvened the Planning Commission meeting at 9:00 P.M. 8. PUBLIC HEARINGS: 8.3 Negative D$claration No. 2007-05, Conditional Use Permit No. 2007-08 and Develo ment Review No. 2007-14 – In accordance with Development Code Secti ns 22.58 and 22.48, the proposed project was a request to demolish an iexisting residence and develop a private school (kindergarten to eighth grade). The proposed three-story school building is approximately 13,760 square feet in area with 16,977 square feet of subterranean parking. A Conditional Use Permit was required to establish a school. The Development Review application was required to evaluate the architecture and site design of the project. PROJECT ADDRESS: 1009 Via Sorella Diamond Bar, CA 91765 SEPTEMBER 25, 2007 PAGE 18 PROPERTY OWNER: PLANNING COMMISSION Daar-Ul-Ilm of Muslim Youth, Inc. 733 Summerwood Avenue Walnut, CA 91789 APPLICANT: Nomaan Baig, President and CEO Daaar-Ullm of Muslim Youth, Inc. 733 Summerwood Avenue Walnut, CA 91789 CDD/Fong presented staff's report and recommended Planning Commission approval of Negative Declaration No. 2007-05, Conditional Use Permit No. 2007-08 and Development Review No. 2007-14, Findings of Fact, and conditions of approval as listed within the resolution. VC/Torng asked CDD/Fong if she knew the height of the building from the highway and whether there is residential in addition to commercial in the area. He disclosed that he drove through the area and he was concerned about the view from the residences and the commercial buildings because of the slope. CDD/Fong reiterated that the Commissioner's packets do not contain information that shows the relationship of the building heightwith the adjacent residential use. On the freeway side there is a tall Caltrans freeway sound wall. However, staff does not know the relationship of the height of the building to the sound wall. Therefore, she could not state how much of the proposed structure might be visible from the freeway or from the residences. VC/Torng asked if there were stop signs at Via Sorella and Brea Canyon Road. He asked if the Commission could recommend a "reduce speed" sign because people drive fast on northbound Brea Canyon. CDD/Fong said she could discuss the matter with the Public Works Department. He asked why the applicant was seeking a seven-day per week facility. CDD/Fong verified to Chair/Nelson that staff did not have a visual simulation from the freeway or from the residences. C/Nolan and Chair/Nelson indicated they drove by the area. Chair/Nelson opened the public hearing. Nomaan Baig, 733 Summerwood Avenue, said he has been a resident of Diamond Bar since he was five years old. He is the founder of Daar-Ul-Ilum, SEPTEMBER 25, 2007 PAGE 19 PLANNING COMMISSION a 501(c)3 Corporation and he serves as President of the Corporation. He introduced members of his organization and outlined the proposed project. He stated that the contemporary design conforms to the City's codes and that the project has moved forward in a timely fashion to fulfill every line item requirement set forth by the City. Mr. Baig responded that with respect to the traffic issue, as requested, the applicant hired Webb & Associates to conduct a traffic study. Via Sorella is approximately 20 feet above the elevation of the residences, which are about 250-feetaw�Vrom the proTect-p-rolyerty-fine--Fn-addition; this -project -is -the— -- last parcel on the street and is buffered by huge trees owned by the AT Learning Center. The drop off area mentioned by VC/Torng is located at the driveway entrance off of the cul-de-sac and there is no view of the remainder of the circulation because the children are dropped off at a sub -terrain garage, which helps to maintain the straight ground elevation on top of the garage. The project has obtained fire department access approval from the Los Angeles County Fire Department. Circulation has been addressed through the engineering plans noted as G-1, G-2, G-3, etc. The building is located in a CO zone (Commercial -Office) that allows for commercial structures up to 35 feet high. The code also indicates that towers are permitted as long as they do not extend more than 20 feet above the 35 -foot height. In relationship to houses, the property will be viewable from the freeway. There is mention of this fact in staff's report, which indicates that the upper floor might be visible from the freeway. The sound wall is about 22 feet more or less. Therefore, 10 feet of the building and the towers would be visible from certain areas of the freeway. The tree buffer and lower elevation will prevent direct visibility to the project. However, the tower atop the structure may be visible. The applicant stated that he could provide a visual if directed to do so, but he hoped that it would not be required. With respect to this being a seven-day school, this school offers academic, religious and cultural education and there will be individuals who prefer to receive only religious and cultural education on the weekends. Mr. Baig responded to VC/Torng that the maximum number of students allowed at any one time would be 135. VC/Torng thanked Mr. Baig for his very good report. Dr. Ahmad H. Sakr, 659 Brea Canyon Road, Walnut, offered his credentials and stated that he would like for the Commission to approve a religious and educational institute for the applicant to build a bridge of communication to understanding. SEPTEMBER 25, 2007 PAGE 20 PLANNING COMMISSION Waseem Najmi, Chairman, Planning Commission, City of Walnut, 673 Silver Valley Trail, Walnut, spoke in support of this project. Mohamed Aljibani, 23385 Golden Springs Drive, a City business owner, spoke in favor of the proposed project. Mustafa Farooqi, 907 Wynnewood Drive, wished this school had been available when his children were growing up. He asked for Commission approval-of-d-project-- Abutaleb, 22716 Dry Creek Road, spoke in favor of the proposed project. Omar Rangoonwala, 20739 Lycoming #88, spoke in favor of the project and its proponents. Ataboy, 24323 Delta Drive, Secretary of the institute, stated his credentials and spoke in favor of the project. . Omar Abutaleb, 3620 Calmbrook Lane, said he was proud to be a member of the community and supported the project. Samir, 20730 Moonlake, said the director would teach students to be a positive influence on the community, a larger thought that would cause the Commission to look favorably upon this project. Dr. Abutaleb, 3620 Calmbrook Lane, lives and practices her profession in Diamond Bar as a chiropractor. She would like to have her children safe in school and learn and become educated about their faith at the same time. She said she approved of this project. Nikar Rangoonwala 20739 Lycoming Street, Walnut, said she has lived in the area for many years and she looks forward to her grandchildren growing up with access to this center. She said she would appreciate a yes to the proposal. Irpon Pare, 22055 Birdseye Drive, has lived in Diamond Bar since he was one year old and has been part of the organization for many years. He said he was very thankful for this organization. He is a business owner and his community has an obligation to his community as well as his religion. A separate facility is needed for classrooms apart from the mosque and that is SEPTEMBER 25, 2007 PAGE 21 PLANNING COMMISSION the reasonfor this project and he hoped the Commission would look favorably upon the project. Mr. Baig stoted that he had reached out to his neighbors and community about this project and held a meeting at City Hall. None of the neighbors showed up to discuss the program, its content, traffic, etc., at the September 15 meeting. He also attempted a personal contact with the owner of the storage units as well without success. He and his colleagues have made every effort to reach out to the community. C/Nolan applauded the applicant's motivation. She was concerned about the lack of a visual simulation and in order for her to render a decision she would like to see, computer generated simulations or models that included landscaping, playground, view from the freeway and the residences. It is a tall building and if approved, this building would probably outlast most of the Commissior ers and this body needs to consider the future of the community and its residents. She was concerned about the safety of sub -terrain parking versus the drop-off area. Chair/Nelson said he shared C/Nolan's request for visuals. The proposed structure is marvelous and the Planning Commission asking forvisuals is not an indication of a denial. Throughout his history with the Planning Commission) churches have fared well regardless of denomination. When the Commission considered Stay America across the freeway there was considerable discussion about a large building adjacent to residences and it was important for the Commission to understand the impacts to the residents. This is a massive and impressive structure and the concerns are the same and the Commission wants to be confident that it will fit into the neighborhood. He asked the applicant to work with staff to provide visual simulations chat depict views from the neighborhood and from the freeway. He said he slid not recall seeing streetlights on Via Sorella. CDD/Fong confirmed that there are no streetlights on Via Sorella. Chair/Nelson said the lack of stre6tlights presented a safety concern to him. He asked the applicant and staff to address that issue as well. He felt this was a wonderful project. C/Nolan asked if there was a ratio of open space that was common for playground area. CDD/Fong responded that there is a 75 square foot requirement per child of playground area for the public school system. For private schools there is no such requirement. However, the Planning SEPTEMBER 25, 2007 PAGE 22 PLANNING COMMISSION Commission can analyze the concern about having playground area for private schools. Chair/Nelson urged staff to look at what had been done in the past. For example, EV Free wanted to improve and expand the parking lot and as a result, the playground area was fairly restricted. CDD/Fong said that staff would research other religious schools. Mr. Baig responded that the project proposes a combination of landscape andWar scape area for he p ay area thatallow-s forrextr�currrcuiarrevents— such as soccer, baseball, etc. There are two basketball half -courts with green area. He said he would provide visuals for the Commission and the lack of streetlights would have to be addressed by the City. He said he did not believe that streetlights would be an issue for the proposed project because the students would be present only during daylight hours. Chair/Nelson asked the applicant to have his traffic engineer provide a statement to the Commission that a safety plan is warranted or not warranted and that it should include the reasons. Mr. Baig concurred. Chair/Nelson closed the public hearing. CDD/Fong asked for concurrence that the Commission was requesting a visual simulation with a view of the simulated project from the southbound 57, northbound 57 and from the residential side looking eastward; traffic safety issues and playground context. Mr. Baig asked what concerns C/Nolan and Chair/Nelson had with respect to the visualization of this project as compared to other very large buildings in the immediate area. Chair/Nelson responded that his issue was a compatibility and adjacency issue. Mr. Baig said that with respect to the playground area the irregularly shaped parcel required a great effort on the part of the architect. In his opinion, to consider public school parameters would be unreasonable for this facility because it would take away from the project. C/Nolan said that her concerns had to do with the compatibility of the size and structure to the surrounding buildings. There is a recommendation from staff and if there is anything further that staff has to offer at this time she would appreciate the input. Mr. Baig pointed out that if the project were prevented from including a sub -terrain parking unit the grounds would SEPTEMBER 25, 2007 PAGE 23 PLANNING COMMISSION a 10. primarily consist of parking spaces and there would be little space left for building. T�e only way this development could occupy this parcel would be to provide sub -terrain structure. In fact, staff proposed the sub -terrain parking with the super structure on top to meet the requirements. Chair/Nelson echoed C/Nolan that staff would look at other private schools only with repect to the playground issue, not public schools. C/Lee moo d, to approve Negative Declaration No. 2007-05, Conditional Use Permit -N 007--0g-and-Development-Review-No 22-007=9�Findings-of-Fact - - and conditions of approval as listed within the resolution. The motion died for lack of al second. C/Nolan moved, VC/Torng seconded to continue this matter to October 9, 2007, to give the applicant and staff an opportunity to respond to issues of concern voiced by the Commissioners to wit; visual simulation from the three vantage points; look at the safety traffic issue with regard to the possible need for si reetlights, and look at parameters for acceptable level of playground area for private schools. Mr. Baig said he would prefer to expedite this matter to October 9. CDD/Fong rominded the applicant that the information must be submitted to staff no laterf than Wednesday, October 3 for inclusion in staff's report. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Lee, Nolan, VCfTomg, Chair/Nelson NOES: COMMISSIONERS:' None ABSENT: COMMISSIONERS: Wei PLANNING COMMISSIONER COMMENTS/INFORMATIONAL ITEMS: None STAFF COMM ENTIS/INFORMATIONAL ITEMS. 10.1 Public Hear;ng dates for future projects CDD/Fong asked if the Commissioners would be willing to forego the large size plans in favor of 11x17 plans to reduce the amount of paperwork the Commissioners woOld have to bring to the meeting. The Commissioners concurred. SEPTEMBER 25, 2007 PAGE 24 PLANNING COMMISSION 11. SCHEDULE OF FUTURE EVENTS: As listed in tonight's agenda. ADJOURNMENT: With no further business before the Planning Commission, Chair/Nelson adjourned the regular meeting at 10:20 p.m. Attest: Respectfully Submitted, S ve Nelson, Chairman Agenda No. 6.3 CITY OF DIAMOND BAR MINUTE' OF THE PARKS & RECREATION COMMISSION S.C.A.QJ,M.D./THE GOVERNMENT CENTER AUDITORIUM 21865 Copley Drive Diamond Bar, CA 91765 SEPTEMBER 27, 2007 CALL TO ORDER: Vice Chairman Low called the Parks and Recreation Commission meeting to order at 7:03 p.m. in the SCAQMD/Government Center Building Auditorium, 21865 Copley Drive, Diamond Bar, CA 91765. PLEDGE OF ROLL CALL: ALLEGIANCE: Commissioner Herndon led the Pledge of Allegiance. Present: Commissioners Dave Grundy, Lew Herndon, Benny Liang and Vice Chairman Ruth Low. Absent: Chairman led Owens was excused. Staff Present: Bob Rose, Director of Community Services; Anthony Jordan, Parks and Maintenance Superintendent; Sara Somogyi, Recreation Services Manager; Nicole Sassenus, CS Leader II and Alison Meyers, Recreation Specialist. SPECIAL PRESENTATI6NS: Certificates of Completion and Stipends to Summer Volunteen Participants. RECESS: VC/Low recessed the meeting at 7:10 p.m. RECONVENE: VC/Low reconvened the meeting at 7:20 p.m. MATTERS FROM THE A DIENCE: Darryl May was concerned that the City's parks were being vandalized and wo dered if vehicle access gates would help. CALENDAR OF EVENTS: As Listed in the agenda and reported by CSD/Rose. 1. CONSENT CALENDAR 1.1 Approval of Minutes for the August 23, 2007 Regular Meeting. C/Herndon moved, C/Grundy seconded, to approve the Minutes for the August 23, 2007 Regular meeting as presented. Without objection, the motion was so ordered with:, C/Liang abstaining and Chair/Owens being absent. 1.2 Transmittal �f Proposed Parks and Recreation Facilities Naming Policy. SEPTEMBER 27, 2007 PAGE 2 P&R COMMISSION 2 G/Herndon moved, C/Grundy seconded, to accept the document as presented for presentatioi to the City Council. Without objection, the motion was so ordered with Chair/ wens being absent. INFORMATIONAL ITEMS 2.1 RECREATION PROGRAM REPORT — RSM/Somogyi C/Grundy asked how many people were represented by the 36 -teams and RSM/Somogyi responded that there were generally 12 individuals per team. RSM/Somogyi responded to C/Grundy that usually there are about 25 to 30 individuals who participate in soccer. C/Herndon sked again if the financial summary for youth baseball could be used as a format for the Concerts in the Park. RSM/Somogyi said there was limited revenue from the Concerts in the Park as there is with youth baseball. C/Herndon suggested listing expenditures in the same format. RSM/Somo yi indicated to C/Herndon that the projected amount for education and trainingfor the Concerts in the Park was a misprint. The projected amount was $30 an $30 was spent — not $3,000. VC/Low asked if there was an expense for equipment and RSM/Somogyi said that Claude Bradley, Parks and Maintenance Supervisor, built a hot and cold sink for the Concerts in the Park so that the City did not have to rent one each week saving the City $3200 plus, the sink is available for all other special events. C/Herndon ondered if the City could save money by purchasing its own sound equipment and hiring a mixer. RSM/Somogyi explained why it was better to contract this service out to professionals. C/Liang said that each event costs $500 to $600 and for that type of equipment and engineer it would cost way more and not be cost effective forthe City to bring it in-house. C/Herndonsuggested that the City look into advertising on the sign at the Diamond Bar Honda location. 2.2 PARKS REPORT — PMS/Jordan C/Herndon asked to re-examine the flash -cam system to deter park vandalism. As he under tood it the system could be moved from location to location fairly easily. VC/Clow suggested that warning signs be used as a deterrent. 2.3 CIP PROGRAM REPORT — CSD/Rose a. Paul. Grow Park ADA Retrofit — Project completed b. Lorbe r Middle School — Football Field & Slope Improvements — open for SEPTEMBER 27, 2007 PAGE 3 P&R COMMISSION 3 for use on Monday, October 1 and dedication ceremony on October 8. C. Batting Cages at Peterson and Pantera Parks — Revised plans and specs to B ilding and Safety for plan check. With a reduction in structural design the cost should decline to close to the original estimated budget. d. Trail Access at Steep Canyon at Clear Creek Canyon and at the Diamond Bar enter — revised plans in plan check with Group Delta providing refin ments to the plans. C/Herndon � asked if he could review the plans for the batting cages and CSD/Rose nvited him to come to City Hall tomorrow at 9:00 a.m. C/Grundy i alternatives the hillside CSD/Rose i the two diffe the grading finish the ac grants the 1 - Center. Center. It v route with le to a lot of in OLD BUSINESS: acalled talking about the trail access previously. One of the to spending money on a steep slope was to have the trail cut across switchback) and he wondered what had become of that proposal. esponded that the landscape architect had the engineers evaluate rent paths. The budget will pay for the steeper area but not for all of that would be necessary to do a switchback trail. Staff proposes to cess points at this time. In the future as the City pursues additional ope is to connect to the trail that wraps around from Diamond Bar could preclude going to Steep Canyon but would create a circular 3s steep areas. C/Grundy said he felt steep trails were not attractive tividuals. 3.1 RESOLUTION — recommending that a future facility in Diamond Bar be named to honor Bob irbes after the required two-year waiting period. CSD/Rose eported that since this item had not gone to City Council the Commission could table this to a future date or until a decision has been made by the City Council. C/Herndon fIlt this item should be tabled for the two-year waiting period. C/Grundy said he did not want to wait for two years to have this resolution move to the City Council because there is a two-year wait period included in the resolution. Therefore, he would prefer to have the Commission adopt this resolution after the naming policy has been passed by the City Council. VC/Low asked what affect the resolution would have on the City Council or on a future application. CSD/Rose responded that the Parks and Recreation Commissioni is an advisory commission to the City Council. This resolution presents a6ise to the City Council and it would be appropriate for the commission Ito be able to adopt this type of resolution. CSD/Rose said he understood �he appearance of recommending adoption of a policy and then concurrently violating that policy. CSD/Rose said the Commission can always provide advi a to the Council. SEPTEMBER 27, 2007 PAGE 4 P&R COMMISSION VC/Low recommended amending the wording of Item #2 to wit: "In accordance with an approved naming policy, that an appropriate future facility in Diamond Bar be named 'in honor of Bob Zirbes" which would eliminate the two-year waiting period and allow the Council to determine the appropriate timing. C/Grundy 'moved, C/Liang seconded, to submit the resolution with the amendment as recommended by VC/Low. Without objection, the motion was so ordered with Chair/Owens being absent. 4. NEW BUSINESS: None 5. ANNOUNCEMENTS: C/Liang thanked his fellow Commissioners for moving the naming policy forward to the City Council C/Herndon echoed C/Liang's comment and thanked staff for making the Commissioners look good. He attended the Diamond Bar Day at the Fair luncheon and was happy that it was handled so well. C/Grundy thanked', his colleagues and staff for the work that went into the naming policy and getting the Boli Zirbes resolution passed because it was near and dear to his heart. He expressed his amazement and congratulations to the City on the Volunteen program and commented th'lat it was fantastic to see the number of volunteers and the hours they put in because it is la wonderful program. The Concerts in the Park and the movies were excellent this year' and in particular adding the movies just made the Concerts in the Park an even better event. He was also very appreciative of the changes and improvements at Lorbeer. "WOW!" When one considers the progress that this Commission has seen everyone should feel good about the tremendous improvements and services in the City. VC/Low echoed comments of her colleagues and welcomed RS/Meyers back. VC/Low thanked all staff m6mbers for their hard work. ADJOURNMENT: With ',no further business before the Parks & Recreation Commission, VC/Low adjourned the meeting at 8:11 p.m. Respectfully Submitted, BOB ROSE, SECRETARY Attest: RUTH LOW, VICE CHAIRMAN Agenda No. 6.4 CITY OF DIAMOND BAR MINUTES OF THE TRAFFIC AND TRANSPORTATION COMMISSION MEETING SEPTEMBER 13, 2007 CALL TO ORDER: Chairman Shay called the meeting to order at 7:02 p.m. in the South Coast Air Quality Management/Governmeht Center Hearing Board Room, 21865 Copley Drive, Diamond Bar, California 91765. PLEDGE OF ALLEGIANCE: Commissioner Shah led the Pledge of Allegiance. ROLL CALL: Commissioners Jimmy Lin, Liana Pincher, Jack Shah, Vice Chairman Kenneth Mok and Chairman Michael Shay Also Present: David Liu, Public Works Director; Rick Yee, Senior Engineer; Kimberly Molina, Associate Engineer, Marcy Hilario, Senior Administrative Assistant and Rock Miller, KOA Corporation Consultant I. APPROVAL OF MINUTES: A. Minutes of the June 14, 2007 meeting. Chair/Shay moved, C/Shah seconded to approve the minutes of the June 14, 2007 meeting as presented. Motion carried by the following Roll Call vote: AYES: CO MISSIONERS: Lin, Shah, VC/Mok, Chair/Shay NOES: CO MISSIONERS: None ABSTAIN: CO MISSIONERS: Pincher ABSENT: COMMISSIONERS: None B. Minutes of the July 12, 2007meeting. C/Pincher asked that "staff would look into that left turn" be added to Item 8. C/Pincher moved, IVC/Mok seconded to approve the minutes as amended. Motion carried by the follolwing Roll Call vote: AYES: COMMISSIONERS: Pincher, Shah, VC/Mok NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: Lin, Chair/Shay ABSENT: COMMISSIONERS: None PUBLIC COMMENTS: None Offered SEPTEMBER 13, 2007 PAGE 2 T&T COMMISSION III. ITEMS FROM STAFF: A. Traffic Enforcement Update: 1. Citations: June, July & August 2007 2. Collisions: June, July & August 2007 3. Street Sweeping: June, July & August 2007 PWD/Liu stated that due to a computer error the corrected updated report was not available and would be presented to the Commission at its next regularly scheduled meeting. IV. OLD BUSINESS: A. Neighborhood Traffic Management Program (NTMP) for Sunset Crossing Road and Prospectors Road. SENee and Rock Miller, KOA Corporation Consultant, presented staff's report and recommended that the Traffic and Transportation Commission review the proposed updated action plan, receive public comments and concur with staff to implement the proposed traffic calming improvements along Sunset Crossing Road and Prospectors Road, and offer its recommendation to the City Council. Kirk Ramirez, 442 Rockridge Road Lane, said it was not clear on the map if the median flows through on Sunset Crossing Road under the SR -57 to Diamond Bar Boulevard. He also noticed that the recommendation for the curb extension on the SR -57 south off ramp was missing. Mr. Ramirez stated that the City of Brea has enforceable restrictive right turn signs at peak hours that exempt residents. Mr. Ramirez said he felt the restrictive right turn signs should be placed at the SR -57 off -ramp at Sunset Crossing for morning peak hour traffic and on the corner of Golden Springs for the left turn onto Prospectors during evening hours Kathy Chavez, 300 S. Rock River Road, felt the bulges and median would create a hardship for the school and that drivers would avoid those devices by traveling down her street and going up Clearview Crest to get to Neil Armstrong School. If the bulges are too large they will prevent residents from making turns onto her street and create extra traffic coming down her street. She requested that the City try placing temporary cones first before implementing bulges and medians. She asked if the City would consider placing cushions away from driveways to help people access their properties. Don Ashman, 119 S. Prospectors Road, was concerned about speed cushions and medians on hills. Something needs to be done and traffic citations are the SEPTEMBER 13, 2007 PAGE 3 T&T COMMISSION best deterrent; therefore, it seemed to him that assigning a traffic enforcement officer to the area on a random basis would be a lot more cost effective. Angel Rivera, 113 S. Prospectors Road, said it was difficult for him to get in his driveway due to drivers' failure to stop at the stop sign and speeding down his street. He felt the only thing that would slow drivers would be speed cushions or a traffic enforcement officer. David DeMers, 22935 Happy Hollow Road, said that although he does not have the impact that many of the residents have, he visits his in-laws, who live on Montura Drive just off of Golden Springs Drive, three or four times a day and understands the congestion and speeding drivers. He also understood how costly e traffic enforcement officer could be and felt that a one-time cost solution could be much more cost effective. While he believes a traffic enforcement officer's presence is the best solution, he believes speed humps or speed cushions would be the next best solution to mitigate speeding traffic that turns into the neighborhood from the SR57. In addition, rumors abound that the City of Industry intends to annex their street to Sunset Crossing, which will create even more traffic. If the City installs speed (,,ushions now, it will reduce the potential for that traffic. Beth Keeler, 404 Gunsmoke Drive, thanked the City for being aware that there is a problem with cut -through traffic in her area. She and herfriends would like to see landscaping in the median similar to what has been done at the north end of Diamond Bar. She travels along Prospectors Road to Golden Springs Drive about 6:10 a.m. and she routinely has cars coming up behind her flashing their bright lights and passing on the wrong side of the street. She has requested police presence from time to time and that has not happened. The residents need to be able to get out of their driveways and proceed to work. If the City plans to install a median, she would like to see it be wide enough and continue all of the way to Golden Springs Drive to slow down the traffic. Chair/Shay asked staff to comment on whether speed cushions slow traffic or not. Mr. Miller responded that speed humps are quite effective in slowing traffic at speeds of 30 mph and higher. The softer devices such as the bulges and curb extensions are not quite as effective at slowing slower traffic but are quite effective at slowing traffic traveling at 35, 40 and 50 mph. He said he was working on a traffic calming program in another city with this type of program wherein residents two years ago thought that islands would not be enough. Now, residents are saying those islands were perfect and they were glad they were not talked into the speed humps. On the other hand, different areas are better suited for speed humps and they are particularly suited forthe area recommended because the traffic volumes are lower and the speed humps and islands fit better where there are side yards for parking. He absolutely assured the Commission that with these mitigation measures there would be tremendous reductions in the numbers of vehicles traveling at the higher rates of speeds of 40, 45 and 50 mph. Again, in response to SEPTEMBER 13, 2007 PAGE 4 T&T COMMISSION Chair/Shay, Mr. Miller stated that speed humps have been applied on streets with this grade and disruption caused by the speed cushion is not enough to expect a car to launch. The islands will not prohibit movement. People will drive around the end of the island but a u -turn won't be necessary and people will not be prohibited from turning into their driveways. Jack Istik, 22607 Dry Creek Road, said that there has been much talk about law enforcement. It was not in the questionnaire probably because it is not part of the State's grant. He felt the City should not focus on using grant money because it is there; the City should look at what is best for the neighborhood and law enforcement is good for the neighborhood. Also, it has a spin off effect of deterring individuals who want to commit other bad acts. It appears to him that the survey results depend on where one lives. He wishes the survey results had shown law enforcement and the proposal appears to be a little too much in the way of speed bumps and islands. PWD/Liu stated that one of the aspects of the Neighborhood Traffic Management Program is enforcement and what the City has been doing is to continue with enforcement as an integral part of this program. What staff understood from the residents was that they were asking for additional mitigation efforts. What staff has offered the residents is to work side by side to determine what the residents want in terms of traffic calming devices. Staff feels additional measures would be effective and would be supported by the residents. C/Pincher asked if it was possible to add speed cushions during the evaluation process and PWD/Liu replied "absolutely." Conversely, devices can be removed. This is a program that involves a two-way communication between residents and City Hall and the City will not implement measures that the community does not want. A 22 percent response rate is good and direction has been given. Of course, everyone will not be satisfied that the result is a perfect traffic management program. However, staff understands there is a problem with cut -through traffic and speed. C/Pincher, referring to Exhibit A, said she saw no feedback signs. PWD/Liu explained that those devices are included in the City's inventory and can be considered. Staff knows that those signs work for about a three-month period at any given location and at that point the City will rotate out the signs. C/Lin asked staff to comment on other items brought forth by speakers. DPW/Liu responded that the Sheriffs Department has made clear to the City that there is no such thing as different treatment for residents and believes the law is the same for the City of Brea (in reference to a "no right turn" at the off - ramp with a resident exemption). Mr. Miller said that he knows of no circumstance where a sign can be put up that indicates an exception for residents and enforce it other than in an extreme emergency. SEPTEMBER 13, 2007 PAGE 5 T&T COMMISSION C/Shah felt that speed cushions were the best and most economical solution. He recommended that the City look into speed humps and only speed humps and see what kind of response the City gets regarding cut -through traffic. If the restricted right turn is allowed perhaps it should be considered for a pilot program. Mr. Miller confirmed to VC/Mok that the grade of the street would not prohibit speed cushions. VC/Mok asked if this was a permanent solution or a pilot program wherein devices could be removed if the residents asked for their removal. OWD/Liu said that after installation of any device there is a certain evaluation period of at least six (6) months. After monitoring the situation and receiving input from the residents, it is most likely that the devices would remain unless there were safety issues and conditions that established liability concerns. VC/Mok believed he had seen a sign in the City that said 'open to local traffic only" and asked if that would deter cut -through traffic. PWD/Liu said there are a couple of signs off of Diamond Bar Boulevard that indicate "local access only." When those signs were first installed it sent a very clear message and he remembers also that it was made very clear by law enforcemeilt that such a sign could not be enforced. C/Pincher asked if the area under the freeway was under the jurisdiction of Caltrans and whether there was room for a median. SENee said the reason for the placement of these devices is based on speeding and volume data and the devices are intended to address the target areas. Ordinarily, the street under the freeway would be under the jurisdiction of Caltrans. During the evaluation process staff will accommodate needs as they are warranted. PWD/Liu said that parts of Sunset Crossing Road and Diamond Bar Boulevard serve as part of the freeway system (due to missing freeway connectors between SR -57 and SR -60). Chair/Shay felt that drivers should be educated and the best place for their vehicles is in their driveway. He also stated that boats should not be parked on the street. One speaker commented about beautifying the medians, which he felt was a wonderful point. There is a high level of education involved in this process and what residents will find is that some of the primary arguments against slowing traffic will come from the residents with give-and-take between neighbors. C/Shah explained that traffic engineering is an applied science. The survey results clearly indicate that the majority of residents believe speed cushions are the best solution and the only way you can get traffic down to 25 mph is with speed cushion. Although he does not favor a "no right turn" sign, the best way would be to put up a "no right turn between 7:00 a.m. and 9:00 a.m". Mangal Gulshan said he noticed that in every area, traffic is a major concern. He suggested that warning signs, flashing lights and Botts dots be installed throughout the City. SEPTEMBER 13, 2007 PAGE 6 T&T COMMISSION Pastor Gil lives near the freeway exit and said he believed that law enforcement should be present to ticket vehicles that do not stop especially between 6:00 a.m. and 9:00 a.m. His house has been hit three times. Drivers that do not stop are a daily problem and there is no let-up. Chair/Shay felt enforcement was important at the corner of the SR -57 and Sunset Crossing Road. C/Lin asked the residents if the opening of the HOV lanes on the SR -57/60 interchange helped to reduce the traffic in their neighborhood. He said after the HOV lanes were opened, he noticed the traffic on Diamond Bar Boulevard thinned out substantially. The audience members responded "no." C/Shah agreed that law enforcement was probably the best deterrent but it was not possible to provide enforcement on a daily basis. The next best deterrent would most likely be the speed humps and, as his colleagues have said, it would help if the residents would slow down in their own neighborhoods. Kirk Ramirez asked why Caltrans does not help with traffic enforcement in their jurisdiction. There are street signs in every city that exempt buses from right hand turns. Also, the overweight signs on Golden Springs Drive to Brea Canyon Road are gone and Golden Springs Drive is now a truck route. Mr. Miller responded that buses are exempted from right turns because buses can clearly be identified as a bus. Conversely, it would be difficult to identify residents as opposed to non-residents. Mr. Miller said he has urged as much landscaping in medians as the City can afford. Whatever the penalty is, he could guarantee the residents would not ask for the landscaping to be removed because residents like landscaping whereas they do not like what they perceive as intrusive mitigation features. Chair/Shay indicated to Mr. Ramirez that staff would look into the matter of the lack of overweight signs on Golden Springs Drive. Kathy Chavez understood the City received federal grant funds for this project and she has heard this evening that budget funds are limited. Was the grant for her neighborhood or for all neighborhoods included in the program? Will this cost residents additional money to have medians with landscape? Can the speed cushions be installed on Sunset Crossing Road and on Prospectors Road past Beaverhead and around the curve of Prospectors Road where the street is wider? How long has it been since a traffic enforcement officerwas in her area to ticket drivers? Why does the City have to hire an outside company to do this study? The City has good engineers who know what to do? She would be willing to go outside her regular travel area to conform to "no right turn" and "no left turn" signs at peak hours. She thanked the Commission for listening to the residents. SEPTEMBER 13, 2007 PAGE 7 T&T COMMISSION PWD/Liu responded to Ms. Chavez that he and SE/Yee are registered Civil Engineers, jnot traffic engineers and the City wants to make sure that it has the best professionals to assist in a program that will benefit the residents. With respect to Sunset Crossing Road, in accordance with the City's General Plan, the street remains a cul-de-sac and the City has no plan to open it through to the City of ndustry. SE/Yee responded to Ms. Chavez that the federal grant was specific for both Sunset Crossing Road and Prospectors Road within the limits shown on the map. Staff ineeds to be sensitive to the budget in its distribution of proposed mitigation. Post of maintenance and upkeep will fall under the auspices of the landscape and maintenance districts throughout the City. Currently, the districts arel burdened by the costs assessed to the residents. With respect to speed cushions, Mr. Miller indicated that the City has flexibility to add or subtract these devices and spoke about how these temporary devices can be misconceived. C/Shah said he was pleased to hear again that residents are pleased with staff members. Chair/Shay Thanked Mr. Millerfor his contribution this evening and thanked the residents for their participation and input. A speaker from the audience asked when this project would go before the City Council. PV&Liu reiterated that the next step is to present this concept to the City Councii,, for approval in October and the 1200 residents will be notified about the meeting. If Council concurs with the concept, staff will continue to work with the residents to fine-tune the design plan. C/Shay moved, C/Pincher seconded, to recommend City Council approval of the Neighborhood Traffic Management Program (NTMP) action plan for Sunset Crossing Road and Prospectors Road. Motion carried bythe following Roll Call vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: V. STATUS OF PREVIOUS ACTION ITEMS: Pincher, Shah, VC/Mok, Chair/Shay None Lin None PWD/Liu reported that on August 7, 2007, the City Council awarded the Diamond Bar Traffic Management System contract to TRANSCORE. SE/Yee manages the system. Also on August 7, 2007, the City Council approved the crossing guard forthe intersection of Diamond Bar Boulevard and Mountain Laurel with a one-year review, and concurred with the Traffic and Transportation Commission on signage and cross- hatching for the four crosswalks. SEPTEMBER 13, 2007 PAGE 8 T&T COMMISSION VI. ITEMS FROM COMMISSIONERS: VC/Mok said he was pleased that all five Commissioners were able to attend the City Council's study session to receive a report on the conceptual improvements for the SR -57160. He thanked his colleagues for sending a positive message to the Council and residents that the City is very interested in the ultimate fix. VC/Mok expressed that he and residents were very pleased with the Phase III slurry seal and looked forward to Phase IV. C/Lin said that on Sunday he drove the SR -57 and made a left turn onto Diamond Bar Boulevard to come down to Golden Springs Drive. It was much faster than turning right and cutting through the neighborhood so he could not understand why drivers would want to make a right turn and cut through a neighborhood, C/Shah said that many times he sees workers working on the streets of Diamond Bar without much protection other than an orange cone. He said he was concerned that the workers should place the cones further away from where they are working to divert traffic away from them so they would not be injured. C/Shah said he appreciated—SE/Yee—'s presentation. C/Pincher was curious about the Texas dots on Pathfinder by the bridge. AE/Molina responded that they were scheduled to go in this week; however, due to a delay in receiving the material, the job will be done next week or the following week from crosswalk to crosswalk. C/Pincher said the striping for the crosswalk at Diamond Bar Boulevard and Mountain Laurel Way looks great and the sign gives plenty of warning. She happened to be at the site the day when school was letting out and people were really behaving and paying attention to the crossing guard. At this point, the mitigation appears to be successful. With respect to the northbound SR -57 off -ramp at Grand Avenue across and on the other side of Grand Avenue; there is a signal at a 3 -way intersection and by time vehicles reach the top of the hill, the car is facing northeast and there is no signal directly in front of the vehicles at the intersection. It is confusing to drivers as it appears vehicles are supposed to yield. Staff will look into this and work with Caltrans. VII. INFORMATIONAL ITEMS A. Grand Avenue Improvement Project — Phase III — SE/Yee reported that the project has come to a standstill awaiting federal authorization to advertise the project. B. Industry's Grand Avenue Bridge Widening/Interchange Project — Staff has shared additional findings with the City of Industry team to minimize impacts to local intersections (Grand Avenue and Golden Springs Drive, and to minimize the right-of-way impacts to the Honda Dealership and the golf course). SEPTEMBER 13, 2007 PAGE 9 T&T COMMISSION C. Lemon Avenue On/Off Ramps Project — PWD/Liu reported that three alternative$ are being considered and the environmental document should be ready toward the end of 2007/beginning of 2008. D. SR -57/60 Feasibility Study— PWD/Liu reported that additional meetings were held with the City of Industry to discuss MTA's ten alternatives. Currently, the two entitie are exploring four or five different alternatives and Diamond Bar has suggested additional concepts to be explored. E. Washington Street Cul -de -Sac — AE/Molina reported that this project was completed lin August. Staff has been working with Edison to relocate the power pole so that the City can complete the curb, sidewalk and gutter. This is scheduled for September 24th. Notice of Completion is scheduled for City Council's Consideration on Tuesday, September 18th. F. ACE Grad Separation on Brea Canyon Road — SE/Yee reported that the project was scheduled for completion in September, 2008. Staff hopes the re - striping of Brea Canyon Road will take place within the next two weeks to accommodate a truck traffic U -Turn. G. CDBG Curb Ramps at Various School Locations—AE/Molina reported that this project was completed on August 9th and City Council approved the Notice of Completion on September 4. H. Annual Slur�y Seal Program —AE/Molina stated that the slurry was completed in Area 3 on September 5th. Striping Improvements and raised pavement improvements will continue through September 25tH I. Various Traffic Signal Improvements on Golden Springs Drive — SE/Yee stated that this prosect has been underway since the week of August 20tH J. NTMP Pilot Project — AE/Molina reported that the traffic data counts were taken in Jue and discovered that the calming measures are effective. The City's traffic engineer is interpreting the data and the outcome will be reported to City Council in October. K. NTMP — Palomino Drive — AE/Molina stated that staff met with the residents in May and took traffic data in July at the request of the residents who believed that there was a year-round traffic problem. The data showed that residents were experi ncing speed issues that prompted staff to follow up with another set of data during the school session to gain a full picture of what is occurring in the neighborhood. Staff is targeting a follow up meeting prior to the Thanksgiving holiday. Commissioners will be notified of the meeting date. L. Prospectors Road Rehab Project - AE/Molina stated that staff received 14 bids on this project. The apparent low bidder was R.J. Noble with a bid of $644,000. Tie engineer's estimate was $850,000 so staff sent the bid back to the design e6gineer to check the low bidder's numbers. The design engineer SEPTEMBER 13, 2007 PAGE 10 T&T COMMISSION is confident the numbers are solid. Staff is in the RFP process to select a construction management consultant to administer construction of the project. PWD/Liu explained that the limits of the project are Sunset Crossing Road to the north and Golden Springs Drive to the south. Traffic calming devices will be installed after the roadway improvements are completed. C/Shah suggested that staff speak on projects by groups. He suggested that staff hold the design engineer's feet to the fire when bids come in more than 10 or 15 percent below the engineer's estimate. C/Lin disagreed because he felt it was a matter of economics. If staff receives many low bids, it is probably because the contractor is hungry- Chair/Shay felt the NTMP program should be moving along at a faster pace so that the residents do not become discouraged. VIII. SCHEDULE OF FUTURE CITY EVENTS: As listed in the Agenda. ADJOURNMENT: There being no further business to come before the Traffic and Transportation Commission, Chair/Shay adjourned the meeting at 9:35 p.m. Respectf , vid . Liu, Secretary Attest: N. CITY COUNCIL Agenda # 6 5 Meeting Date: November 6, 2007 AGENDA REPORT TO: Honorable Mayor and Memb s of the City Council FROM: James DeStefano, City M a' r TITLE: Ratification of Check Register dated October 11, 2007 through October 31, 2007 totaling $1,667,758.62. RECOMMENDATION: Ratify. FINANCIAL IMPACT: Expenditure of $1,667,758.62 in City funds. BACKGROUND: The City has established the policy of issuing accounts payable checks on a weekly basis with City Council ratification at the next scheduled City Council meeting. DISCUSSION: The attached check register containing checks dated October 11, 2007 through October 31, 2007 for $1,667,758.62 is being presented for ratification. All payments have been made in compliance with the City's purchasing policies and procedures. Payments have been reviewed and approved by the appropriate departmental staff and the attached Affidavit affirms that the check register has been audited and deemed accurate by the Finance Director. PREPARED BY: Linda G. Magnuson Finance Director REVIEWED BY: FinandeqDirector Assistant City Manager Attachments: Affidavit and Check Register -10/11/07 through 10/31/07. CITY OF DIAMOND BAR CHECK REGISTER AFFIDAVIT The attached listings of demands, invoices, and claims in the form of a check register including checks dated October 10, 2007 through October 31, 2007 has been audited and is certified as accurate. Payments have been allowed from the following funds in these amounts: Description Amount General Fund $1,070,701.46 Community Organization Support Fd $100.00 Prop A - TransitFund 266,892.51 Int. Waste Mgt Fund 4,278.20 AB2766 - AQMD Fund 2,050.50 CDBG Fund 2,341.48 LLAD #38 Fund 22,781.54 LLAD #39 Fund 18,103.00 LLAD #41 Fund 9,462.28 Capital Improvement Project Fund 271,047.65 $1,667,758.62 Signed: �n Linda G Magnu o Finance Director City of Diamond Bar - Check Register 10/11/07 thru 10/31/07 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 10/18/2007 07-PP21 PAYROLL TRANSFER P/R TRANSFER - PP21 001 10200 134,011.72 $143,424.06 10/18/2007 77585 PAYROLL TRANSFER P/R TRANSFER - PP21 112 10200 4,396.44 $100.00 10/18/2007 PAYROLL TRANSFER P/R TRANSFER - PP21 115 10200 3,248.92 10!18/2007 77586 PAYROLL TRANSFER P/R TRANSFER - PP21 118 10200 1,200.50 $57.90 10/18/2007 PAYROLL TRANSFER P/R TRANSFER - PP21 125 10200 566.48 10/11/200777581 77583 ADVANTEC CONSULTING ENGINEERS INC SGNL TMNG MONITORING -SEPT 0015510 44000 1,124.86 $3,929.86 10/11/2007 1 IADVANTEC CONSULTING ENGINEERS INC ITRFFC MGMT SYS -SEPT 07 0015510 44000 2,805.00 10/11/2007 1 77582 JAJAX SIGN GRAPHICS INC. SUPPLIES -NAMEPLATE 1 0014090 1 41200 1 22.151 $22.15 10/11/2007 77583 GROUP INC PRINTER MAINT-OCT-DEC 07 0014070 45000 1,490.50 $1,812.00 10/11/2007 1 JAMERICOMP AMERICOMP GROUP INC SUPPLIES -TONERS 0014070 45000 1 321.50 10/11/2007 1 77584 ITAMMY ANDERSON RECREATION REFUND 1 001 1 34730 1 17.00 $17.00 10/11/2007 1 INOMAAN NOMAAN BAIG PK REFUND -DBC 001 36615 130.00 10/11/2007 1 77585 ICYNTHIA ARTISH PK REFUND-PANTERA 1 001 1 23002 1 100.00 $100.00 10/11/2007 1 77586 AT & T PH.SVCS-GENERAL 1 0014090 1 42125 1 57.90 $57.90 10/11/2007 77587 BAIG PK REFUND -UBC 001 23002 100.00 $230.00 10/11/2007 1 INOMAAN NOMAAN BAIG PK REFUND -DBC 001 36615 130.00 10/11/2007 1 77588 BENESYST IFLEX ADMIN SVCS -3RD QTR 1 0014060 1 42346 1 91.16 $91.16 10/11/2007 77589 BLUE SKY CAFE MTG SUPPLIES-H/R 0014060 42347 144.51 $574.80 10/11/2007 1 BLUE SKY CAFE QRTLY B/FAST-MTG 0014060 42347 1 430.29 10/11/2007 1 77590 BUSINESS TELECOMMUNICATION SYS INC. PH. SVCS -SEPT 07 1 0014070 42125 1 379.00 $379.00 10/11/2007 1 77591 ROSI CAYUELA IRECREATION REFUND 001 1 34720 1 75.00 $75.00 10/11/2007 1 77592 JOE CHANTHARATH JPK REFUND-SYC CYN PK 1 001 1 23002 1 50.00 $50.00 10/11/2007 1 77593 JCSMFO MEMBERSHIP DUES-MAGNUSON 1 0014050 1 42315 1 110.00 $110.00 10/11/2007 1 77594 DENNIS CAROL PROF.SVCS-CC/SS 10/2 1 0014030 1 44000 1 350.001 $350.00 Page 1 Check Date I Check Number City of Diamond Bar - Check Register 10/11/07 thru 10/31/07 Vendor Name Transaction Description I Fund/ Dept I Acct # I Amount I Total Check Amount 10/11/2007 1 77595 DIAMOND BAR CHINESE ASSOCIATION JPK REFUND-PANTERA 1 001 1 23002 1 100.00 $100.00 10/11/2007 IDIAMOND BAR MOBIL IFUEL-NGHBRHD IMP 0015230 42310 1 120.86 1 10/11/2007 1 77596 DIAMOND BAR CHINESE ASSOCIATION PK REFUND-PANTERA 1 001 1 23002 1 300.00 $300.00 10/11/2007 1 77597 DIAMOND BAR CHINESE ASSOCIATION JQTRLY MTG-SR CLUBS 1 1255215 1 41200 1 700.00 $700.00 10/11/2007 77598 DIAMOND BAR MOBIL FUEL -COMM SVCS 0015310 42310 160.61 $281.47 10/11/2007 IDIAMOND BAR MOBIL IFUEL-NGHBRHD IMP 0015230 42310 1 120.86 1 10/11/2007 1 77599 DIAMOND RANCH HIGH SCHOOL ICOMM ORG SUPPORT FUND 1 0114010 1 42355 1 100.00 $100.00 10/11/2007 EVERGREEN INTERIORS PLANT MAINT-DB LIBRARY 0014090 42210 104.00 10/11/2007 1 77600 ROBERT DIEDERICH IRECREATION REFUND 1 001 1 34720 1 150.00 $150.00 10/11/2007 1 77601 DOGGIE WALK BAGS INC SUPPLIES -COMM SVCS 1 0015310 1 41200 1 833.13 $833.13 10111/2007 1 77602 DIANA DUNCAN EXCURSION -TINY TOTS 1 0015350 1 42410 1 170.00 $170.00 10/11/2007 77603 EVERGREEN INTERIORS PLANT MAINT-C/HALL SEPT 0014090 42210 223.60 $499.20 10/11/2007 EVERGREEN INTERIORS PLANT MAINT-DB LIBRARY 0014090 42210 104.00 10/11/2007 77605 EVERGREEN INTERIORS PLANT SVCS -DBC SEPT 0015333 45300 171.60 $50.00 10/11/2007 1 77604 OSVALDO FIALLO PK REFUND -HERITAGE PK 1 001 1 23002 1 50.001 $50.00 10/11/2007 IGO GO LIVE TECHNOLOGY INC ]CONSULTANT SVCS -WK 9/28 0014070 44000 1 525.00 10/11/2007 1 77605 SUSANA FLORES PK REFUND-PANTERA 1 001 1 23002 1 50.00 $50.00 10/11/2007 77606 LIVE TECHNOLOGY INC CONSULTANT SVCS -WK 9/28 0014070 R44000 3,075.00 $3,600.00 10/11/2007 IGO GO LIVE TECHNOLOGY INC ]CONSULTANT SVCS -WK 9/28 0014070 44000 1 525.00 10/11/2007 1 77607 GOVPARTNER IREQUEST PARTNER -OCT 07 1 1185098 1 44030 1 850.00 $850.00 10111/2007 1 77608 JENNIFER HIMES JPK REFUND -HERITAGE PK 001 1 23002 1 400.00 $400.00 10/11/2007 1 77609 CHARLES HODAPP IRECREATION REFUND 001 1 34730 1 44.00$44.00 10/11/2007 1 77610 HOME DEPOT CREDIT SERVICES SUPPLIES -RECREATION 0015350 1 41200 1 455.641 $455.64 10/11/2007 1 77611 JENKINS & HOGIN, LLP IGEN LEGAL SVCS -SEPT 07 0014020 1 44020 1 8,074.801 $18,244.10 Page 2 City of Diamond Bar - Check Register 10/11/07 thru 10/31/07 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 10/11/2007 77611... JENKINS & HOGIN, LLP GEN LEGAL SVCS -COM DEV 0014020 44020 2,717.60 $18,244.10 ... 10/11/2007 77613 JENKINS & HOGIN, LLP LEGAL SVCS-P/WORKS SEPT 0014020 44020 481.60 $3,000.00 10/11/2007 JENKINS & HOGIN, LLP LEGAL SVCS -SCRIBBLES 0014020 44021 6,970.10 1 1 10/11/2007 1 77612 IJOBS AVAILABLE AD-P/WORKS OCT 1 0014060 1 42115 1 102.00 $102.00 10/11/2007 KENS HARDWARE SUPPLIES -DBC 0015333 41200 168.43 10/11/2007 1 77613 JOE A. GONSALVES & SON INC. ILEGISLATIVE SVCS -OCT 07 1 0014030 1 44000 1 3,000.00 $3,000.00 10/11/2007 KENS HARDWARE SUPPLIES -COMM SVCS 0015310 42200 60.10 10/11/2007 1 77614 1GRACE KARTAWIDJAJA IPECREATIGN REFUND 001 34780 1 86.00 $86.00 10/11/2007 77615 KENS HARDWARE SUPPLIES -PARKS 0015340 42210 222.40 $1,331.60 10/11/2007 KENS HARDWARE SUPPLIES -DBC 0015333 41200 168.43 10/11/2007 77617 KENS HARDWARE SUPPLIES-C/HALL 0014090 41200 5.24 $1,995.00 10/11/2007 KENS HARDWARE SUPPLIES -COMM SVCS 0015310 42200 60.10 10/11/2007 77618 KENS HARDWARE SUPPLIES -PARKS 0015340 42210 567.80 $19.49 10/11/2007 1 KENS HARDWARE SUPPLIES -DBC 0015333 41200 216.69 10/11/2007 KENS HARDWARE SUPPLIES -GENERAL 0014090 41200 45.72 10/11/2007 KENS HARDWARE SUPPLIES -COMM SVCS 0015310 1 42200 1 45.22 10/11/2007 1 77616 JANN KOCH RECREATION REFUND 1 001 1 34720 1 150.00 $150.00 10/11/2007 LOS ANGELES COUNTY MTA MTA PASSES-JUL 07 1125553 45535 2,828.80 10/11/2007 1 77617 ILAE ASSOCIATES INC ICONSULTANT SVCS -SEPT 07 1 0015551 1 R45221 1,995.00 $1,995.00 10/11/2007 LOS ANGELES COUNTY MTA MTA PASSES -AUG 07 1125553 45535 2,584.10 10/11/2007 1 77618 LEWIS ENGRAVING INC. ENGRAVING SVCS -CITY TILE 1 0014090 1 42113 19.491 $19.49 10/11/2007 77619 LOS ANGELES COUNTY MTA CITY SUBSIDY-JUL 07 1125553 45533 1,067.20 $10,897.50 10/11/2007 LOS ANGELES COUNTY MTA MTA PASSES-JUL 07 1125553 45535 2,828.80 10/11/2007 LOS ANGELES COUNTY MTA CITY SUBSIDY -AUG 07 1125553 45533 992.90 10/11/2007 LOS ANGELES COUNTY MTA MTA PASSES -AUG 07 1125553 45535 2,584.10 10/11/2007 LOS ANGELES COUNTY MTA CITY SUBSIDY -SEPT 07 1125553 45533 1,018.65 10/11/2007 1 LOS ANGELES COUNTY MTA MTA PASSES -SEPT 07 1125553 45535 2,405.85 10/11/2007 77620 LOS ANGELES COUNTY SHERIFF'S DEPT. SPL EVENTS -JULY 4TH BLAST 0014411 45402 2,594.64 $409,103.31 10/11/2007 LOS ANGELES COUNTY SHERIFF'S DEPT. SPL EVENT-TRNG 0014411 45402 6,500.44 10/11/2007 LOS ANGELES COUNTY SHERIFF'S DEPT. SPL EVENTS -CALVARY CHAPEL 0014411 45402 8,491.84 10/11/2007 LOS ANGELES COUNTY SHERIFF'S DEPT. SPL EVENTS -TRANSIT SALES 1125553 45402 135.15 Page 3 City of Diamond Bar - Check Register 10/11/07 thru 10/31/07 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 10/11/2007 77620... LOS ANGELES COUNTY SHERIFF'S DEPT. SPL EVENTS -CONCERTS IN PK 0014411 45402 2,162.40 $409,103.31 ... 10/11/2007 77624 LOS ANGELES COUNTY SHERIFF'S DEPT. SPL EVENTS -CONCERTS IN PK 0014411 45402 2,973.30 $78.75 10/11/2007 LOS ANGELES COUNTY SHERIFF'S DEPT. SPL EVENTS -TRANSIT SALES 1125553 45402 135.15 10/11/2007 77625 LOS ANGELES COUNTY SHERIFF'S DEPT. SPL EVENTS -CALVARY CHAPEL 0014411 45402 7,634.35 $158.88 10/11/2007 LOS ANGELES COUNTY SHERIFF'S DEPT. SPL EVENTS-TRNG 0014411 45402 6,500.44 10/11/2007 77626 LOS ANGELES COUNTY SHERIFF'S DEPT. SPL EVENTS -TRANSIT SALES 1125553 45402 135.15 $200.00 10/11/2007 LOS ANGELES COUNTY SHERIFF'S DEPT. CONTRACT SVCS -AUG 07 0014411 45401 371,528.63 10/11/2007 77627 ILOS ANGELES COUNTY SHERIFF'S DEPT. HELICOPTER SVCS -AUG 07 0014411 45401 311.82 $4,103.77 10/11/2007 1 77621 IMERCURY DISPOSAL SYSTEMS INC RECYCLING FEES -BATTERIES 1155515 1 44000 1 400.221 $400.22 10/11/2007 77622 METROLINK CITY SUBSIDY-JUL 07 1125553 45533 17,124.99 $216,312.50 10/11/2007 METROLINK METROLINK PASSES-JUL 07 1125553 45535 65,530.76 10/11/2007 77624 METROLINK CITY SUBSIDY -SEPT 07 1125553 45533 17,209.99 $78.75 10/11/2007 METROLINK METROLINK PASSES -SEPT 07 1125553 45535 65,870.76 10/11/2007 77625 METROLINK CITY SUBSIDY -AUG 07 1125553 45533 17,209.99 $158.88 10/11/2007 METROLINK METROLINK PASSES -AUG 07 1125553 45535 65,870.76 10/11/2007 77626 METROLINK MEMO CREDIT -PASS RETURNED 1125553 45535 -9,553.50 $200.00 10/11/2007 METROLINK MEMO CREDIT -PASS RETURNED 1125553 45535 -15,725.00 10/11/2007 77627 METROLINK IMEMO CREDIT -PASS RETURNED 1 1125553 1 45535 -7,226.25 $4,103.77 10/11/2007 1 77623 MIG INC CONSTRUCTION -PL GROW PK 1 2505310 1 R46415 1 962.50 $962.50 10/11/2007 1 77624 MOBILE RELAY ASSOCIATES INC IREPEATER SVCS -OCT 07 1 0014440 1 42130 1 78.75 $78.75 10/11/2007 1 77625 JOLYMPIC STAFFING SERVICES TEMP SVCS -WK 9/30 1 0015310 1 44000 158.88 $158.88 10/11/2007 1 77626 MARILYN PERICO JPK REFUND -HERITAGE PK 1 001 1 23002 1 200.00 $200.00 10/11/2007 1 77627 PIPER JAFFRAY JBND REMRKTNG FEE-JUL-SEPT 1 0014090 1 42129 1 4,103.771 $4,103.77 10/11/2007 1 77628 BONNIE PIXLEY IRECREATION REFUND 001 34720 1 150.00 $150.00 10/11/2007 1 77629 POMONA JUDICIAL DISTRICT IPARKING CITATION FEES -AUG 1 001 1 32230 1 1,455.001 $1,455.00 10/11/2007 1 77630 REEDCORP ENGINEERING IDESIGN PLANS-EMER GENRTR 1 2505310 1 R46415 1 7,649.751 $7,649.75 Page 4 City of Diamond Bar - Check Register 10/11/07 thru 10/31/07 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 10/11/2007 77631 1PATRICIA ROBINSON IRECREATION REFUND 001 34720 150.001 $150.00 10/11/2007 1 77632 IVIOLETA ROBLES JPK REFUND-SYC CYN PK 001 1 23002 1 50.00 $50.00 10/11/2007 1 SPARKLETTS JEQ RENTAL -SEPT 07 0014090 42130 9.75 10/11/2007 1 77633 ISAN GABRIEL VALLEY CITY MGR ASSG MTG-CMGR 10/17 0014030 1 42325 1 30.001 $30.00 10/11/2007 TRG LAND INC PROF.SVCS-SITE D PLAN 0015240 R44000 2,448.43 10/11/2007 1 77634 ISECTRAN SECURITY INC. ICOURIER SVCS -OCT 07 0014090 1 44000 302.641 $302.64 1*1112001 776358 PARKLETTS WATER SUPPLIES-C/HALL 0014090 41200 200.72 $210.47 10/11/2007 1 SPARKLETTS JEQ RENTAL -SEPT 07 0014090 42130 9.75 10/11/2007 1 77636 ISUNGARD PENTAMATION TRNG-I.T./FINANCE 0014070 1 42340 1 262.501 $262.50 10/11/2007 1 TRENCH PLATE RENTAL CO EQ RENTAL -ROAD MAINT 0015554 42130 33.00 10/11/2007 1 77637 TANDEM PRIVATE SECURITY ISECURITY SVCS -OCT FEST 0015350 1 45300 1 51.00 $51.00 10/11/2007 TRG LAND INC PROF.SVCS-SITE D PLAN 0015240 R44000 2,448.43 10/11/2007 1 77638 ITHE SAN GABRIEL VALLEY NEWSPAPER GR LEGAL AD -ST REHAB 0015510 1 42115 1 109.921 $109.92 10/11/2007 1 77639 ITHOMSON WEST PUBLICATIONS -CITY CLERK 0014030 1 42320 1 214.321 $214.32 10/11/2007 1 77640 ITHREE VALLEYS MUNICIPAL WATER DIST MTG-COUNCIL 0014010 1 42325 1 15.001 $15.00 10/11/2007 1 77641 IDOUGLAS TITCHENER RECREATION REFUND 001 1 34720 1 150.00 $150.00 10/11/2007 1 77642 ITRAFFIC CONTROL SERVICE INC SUPPLIES -ROAD MAINT 0015554 1 41250 1 535.611 $535.61 10/11/2007 77643 TRENCH PLATE RENTAL CO EQ RENTAL -ROAD MAINT 0015554 1 42130 80.00 $113.00 10/11/2007 1 TRENCH PLATE RENTAL CO EQ RENTAL -ROAD MAINT 0015554 42130 33.00 10/11/2007 77644 TRG LAND INC PROF.SVCS-SITE D PLAN 0015240 R44000 8,505.94 $13,714.88 10/11/2007 TRG LAND INC PROF.SVCS-SITE D PLAN 0015240 R44000 718.75 10/11/2007 TRG LAND INC PROF.SVCS-SITE D PLAN 0015240 R44000 1,294.76 $88.00 10/11/2007 TRG LAND INC PROF.SVCS-SITE D PLAN 0015240 R44000 2,448.43 10111/2007 TRG LAND INC PROF.SVCS-SITE D PLAN 0015240 R44000 747.00 10/11/2007 1 77645 UNITED TRAFFIC SERVICES SUPPLY SUPPLIES -ROAD MAINT 0015554 41250 1,447.951$1,447.95 10111/2007 177646 JUS HEALTHWORKS MEDICAL GROUP PC PRE-EMPLOYMENT SCREENING 0014060 42345 88.001 $88.00 Page 5 City of Diamond Bar - Check Register 10/11/07 thru 10/31/07 Check Date I Check Number Vendor Name Transaction Description Fund/ Dept Acct #7 Total Check Amount 10/11/2007 77647 CALIFORNIA PH.SVCS-GENERAL 0014090 42125 646.86 �b/b.4/ 10/11/2007 IVERIZON VERIZON CALIFORNIA PH.SVCS-GENERAL 0014090 42125 29.61 WHITE CAP INDUSTRIES, INC. SUPPLIES -ROAD MAINT 0015554 1 41300 88.19 $88.19 10/1112007 77648 WORLDWIDE BINGO SUPPLIER SUPPLIES -SR BINGO 0015350 41200 283.38 $283.38 10/11/2007 77649 SVCS -PLC, CLC MTG 0014090 44000 332.50 $332.50 10/11/2007 77650 PAUL WRIGHT ABRAKADOODLE CORP ICONTRACT CLASS -FALL 0015350 45320 561.00 $561.00 10/18/2007 77651 CORRINE ACUNA RECREATION REFUND 001 34 780 25.00 $25.00 10/18/2007 77652 ADVANCED APPLIED ENGINEERING INC PROF.SVCS-EN 07-559 001 23012 495.00 $14,648.05 10/18/2007 77653 ADVANCED APPLIED ENGINEERING INC ADMIN FEE -EN 07-559 001 23012 89.10 10/18/2007 ADVANCED APPLIED ENGINEERING INC ADMIN FEE -EN 07-559 001 34650 89.10 10118/2007 ADVANCED APPLIED ENGINEERING INC ADMIN FEE -EN 07-554 001 34650 -1,264.15 1 011 8/200 7 ADVANCED APPLIED ENGINEERING INC ADMIN FEE -EN 07-554 001 23012 1,143.29 10/18/2007 ADVANCED APPLIED ENGINEERING INC ADMIN FEE -EN 07-554 001 34650 -1,143.29 10/18/2007 ADVANCED APPLIED ENGINEERING INC ADMIN FEE -EN 07-554 001 23012 1,264.15 10/18/2007 ADVANCED APPLIED ENGINEERING INC PROF.SVCS-EN 07-554 001 23012 7,023.05 10/18/2007 ADVANCED APPLIED ENGINEERING INC PROF.SVCS-EN 07-554 001 23012 6,351.63 10/18/2007 ADVANCED APPLIED ENGINEERING INC PROFS.SVCS-INSPECTIONS 0015510 R45227 778.37 10/18/2007 FACILITY REFUND -DBC 001 36615 100.00 $100.00 10/18/2007 77654 CHERRY ALCARAZ ALLIANT INSURANCE SERVICES INC SPCL EVENT -FALL FESTIVAL 0015350 45300 378.75 $378.75 10/18/2007 77655 ALWAYS JUST FOR FUN BALLOON -FALL FUN FESTIVAL 0015350 45300 220.00 $220.00 10/18/2007 77656 ALWAYS JUST FOR FUN BALLOON -FALL FUN FESTIVAL 0015350 45300 220.00 $220.00 10/18/2007 77657 ARROYO GEOTECHNICAL CORP PROF.SVCS-EN 06-532 001 23012 330.00 $3,465.00 10/1812007 77658 10/18/2007 ARROYO GEOTECHNICAL CORP PROF.SVCS-EN 07-574 001 23012 330.00 10/18/2007 ARROYO GEOTECHNICAL CORP PROF.SVCS-EN 05-476 001 23012 577.50 10/18/2007 ARROYO GEOTECHNICAL CORP PROF.SVCS-EN 03-405 001 23012 577.50 Page 6 City of Diamond Bar - Check Register 10/11/07 thru 10/31/07 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 10/18/2007 77658... ARROYO GEOTECHNICAL CORP ADMIN FEE -EN 03-405 001 23012 103.95 $3,465.00 ... 10/18/2007 77660 ARROYO GEOTECHNICAL CORP ADMIN FEE -EN 03-405 001 34650 -103.95 $100.00 10/18/2007 ARROYO GEOTECHNICAL CORP PROF.SVCS-EN 03-405 001 23012 330.00 10/18/2007 77661 ARROYO GEOTECHNICAL CORP ADMIN FEE -EN 03-405 001 23012 59.40 10/18/2007 ARROYO GEOTECHNICAL CORP ADMIN FEE -EN 03-405 001 34650 -59.40 10/18/2007 77662 ARROYO GEOTECHNICAL CORP PROF.SVCS-EN 05-494 001 23012 330.00 $39.00 10/18/2007 ARROYO GEOTECHNICAL CORP ADMIN FEE -EN 05-494 001 23012 59.40 10/18/2007 77663 ARROYO GEOTECHNICAL CORP ADMIN FEE -EN 05-494 001 34650 -59.40 $350.00 10/18/2007 ARROYO GEOTECHNICAL CORP PROF.SVCS-EN 06-507 001 23012 247.50 10/18/2007 77664 ARROYO GEOTECHNICAL CORP ADMIN FEE -EN 06-507 001 23012 44.55 $290.73 10/18/2007 ARROYO GEOTECHNICAL CORP ADMIN FEE -EN 06-507 001 34650 -44.55 10/18/2007 77665 ARROYO GEOTECHNICAL CORP ADMIN FEE -EN 05-476 001 23012 103.95 $719.67 10/18/2007 ARROYO GEOTECHNICAL CORP ADMIN FEE -EN 05-476 001 34650 -103.95 10/18/2007 77666 ARROYO GEOTECHNICAL CORP ADMIN FEE -EN 07-574 001 23012 59.40 $160.00 10/18/2007 ARROYO GEOTECHNICAL CORP ADMIN FEE -EN 07-574 001 34650 -59.40 10/18/2007 ARROYO GEOTECHNICAL CORP ADMIN FEE -EN 06-532 001 23012 59.40 10/18/2007 ARROYO GEOTECHNICAL CORP ADMIN FEE -EN 06-532 001 34650 -59.40 10/18/2007 ARROYO GEOTECHNICAL CORP PROF.SVCS-EN 07-580 001 23012 742.50 10/1812007 ARROYO GEOTECHNICAL CORP ADMIN FEE -EN 07-580 001 23012 133.65 10/18/2007 JARROYO GEOTECHNICAL CORP ADMIN FEE -EN 07-580 001 34650 133.65 10/18/2007 77659 IBENESYST 10/19/07-P/R DEDUCTIONS 001 21105 335.76 $335.76 10/18/2007 77660 BIA/SC FACILITY RENTAL -DBC 001 1 23002 100.00 $100.00 10/18/2007 77661 BSN SPORTS CORP SUPPLIES -RECREATION 0015350 41200 829.011$829.01 10/18/2007 77662 VERA CAMACHO IRECREATION REFUND 001 34730 39.001 $39.00 10/18/2007 77663 CAPIO IMEMBERSHIP DUES-P/INFO 0014095 42315 1 350.001 $350.00 10/18/2007 77664 ICERTIFIED TRANSPORTATION SVCS INC TRANSPORTATION -TINY TOTS 1125350 45310 290.731 $290.73 10/18/2007 77665 ICHEMSEARCH SUPPLIES -DBC 1 0015333 41200 719.671 $719.67 10/18/2007 77666 CHINESE DAILY NEWS, INC AD -ELECTION 1 0014030 42390 160.001 $160.00 Page 7 City of Diamond Bar - Check Register 10/11/07 thru 10/31/07 Check Date Check Number Vendor Name Transaction Description Fund/ Dept I Acct # I Amount I Total Check Amount 10/18/2007 I 77667 IMARIANNE CORTEZ 10/18/2007 77668 ICOUNTRY GARDEN CATERERS DFS FLOORING CORP MAINT-PANTERA PK JUN 10/18/2007 10/18/2007 77669 JOHN CRAINE 10/18/2007 $1,484.01 DFS FLOORING CORP 10/18/2007 77670 DAPEER ROSENBLIT & LITVAK LLP DFS FLOORING CORP MAINT-PANTERA PK AUG 10/18/2007 10/18/2007 77671 DAV0 . GRU`NDY 0015230 0014090 0015310 0015554 42200 42200 42200 42200 10/18/2007 10/18/2007 10/18/2007 10/18/2007 10/18/2007 77672 DAY & NITE COPY CENTER DAY & NITE COPY CENTER DAY & NITE COPY CENTER DAY & NITE COPY CENTER DAY & NITE COPY CENTER 10/18/2007 77673 DENNIS CAROL 10/18/2007 77674 DEPARTMENT OF JUSTICE IRECREATION REFUND MTG-LORBEER DEDICATION RECREATION REFUND LEGAL SVCS -AUG 07 P & R COMM -9/27 PRINT SVCS -COMM SVCS PRINT SVCS -RECREATION PRINT SVCS -RECREATION PRINT SVCS -RECREATION PRINT SVCS -RECREATION PROF.SVCS-P & R COMM PRE-EMPLOYMENT SCREENING 10/18/2007 77675 DFS FLOORING CORP MAINT-HERITAGE PK JUN 10/18/2007 77677 DFS FLOORING CORP MAINT-PANTERA PK JUN 10/18/2007 10/18/2007 DFS FLOORING CORP MAINT-DBC JUN 10/18/2007 $1,484.01 DFS FLOORING CORP MAINT-HERITAGE PK AUG 10/18/2007 DFS FLOORING CORP MAINT-PANTERA PK AUG 10/18/2007 $3,510.00 DFS FLOORING CORP MAINT-DBC AUG 10/18/2007 I 77676 DIAMOND AGE SENIOR CLUB 0015350 45300 1,077.091 $1,077.09 10/18/2007 10/18/2007 10/18/2007 10/18/2007 77677 DIAMOND BAR HAND CAR WASH DIAMOND BAR HAND CAR WASH DIAMOND BAR HAND CAR WASH DIAMOND BAR HAND CAR WASH 0015350 44100 45.001 $45.00 10/18/2007 77678 DIAMOND BAR IMPROVEMENT ASSOCIATION REIMB-CLUB INS CAR WASH-NGHBRHD IMP CAR WASH -POOL VEH CAR WASH -COMM SVCS CAR WASH -ROAD MAINT 4D -FALL FUN FESTIVAL OCT Page 8 001 I 34780 I 85.00 $85.00 0015350 45300 1,077.091 $1,077.09 001 34780 88.00 $88.00 0014020 44023 3,462.961 $3,462.96 0015350 44100 45.001 $45.00 0015350 0015350 0015350 0015350 0015350 42110 42110 42110 42110 42110 666.82 298.11 166.60 301.04 51.44 $1,484.01 0015350 44000 125.00 $125.00 0014060 42345 32.00 $32.00 0015340 0015340 0015333 0015340 0015340 0015333 42210 42210 42210 42210 42210 42210 385.00 385.00 985.00 385.00 385.00 985.00 $3,510.00 1255215 44000 1,075.001$1,075.00 0015230 0014090 0015310 0015554 42200 42200 42200 42200 21.98 110.90 25.98 30.00 $188.86 0014095 42115 450.00 $450.00 Page 9 City of Diamond Bar - Check Register 10/11/07 thru 10/31/07 Total Check Amount Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount 10/18/2007 77679 DIVERSIFIED PARATRANSIT INC DIAMOND RIDE -SEPT 07 1125553 45529 29,488.52 $29,488.52 10/18/2007 77680 DIANA DUNCAN SUPPLIES -FALL FESTIVAL 0015350 41200 340.00 $340.00 10/18/2007 77681 EDUCATION TO GO 1CONTRACTCLASS-SUMMER 0015350 45320 208.00 $208.00 10/18/2007 77682 EXCEL LANDSCAPE ADDL MAINT-DIST 39 1395539 42210 10/18/2007 EXCEL LANDSCAPE LANDSCAPE MAINT-DIST 38 980.00 $27,631.68 10/18/2007 EXCEL LANDSCAPE 1385538 45500 9,144.58 10/18/2007 EXCEL LANDSCAPE —— LANDSCAPE MAINT-DIST 41 1415541 45500 83 - — 10/18/2007 EXCEL LANDSCAPE ADDL MAINT-DIST 38 4,019.27 1385538 42210 2,226.00 10/18/2007 77683 EXTERMINETICS OF SO CAL INC PEST CONTROL -DBC 10/18/2007 EXTERMINETICS OF SO CAL INC RODENT CONTROL -DBC 0015333 45300 75.00 $115.00 0015333 45300 40.00 10/18/2007 77684 FEDEX EXPRESS MAIL -GENERAL 0014090 42120 207.80 $207.80 10/18/2007 77685 DAVID FERNANDEZ CONTRACT CLASS -FALL 0015350 45320 1,080.00 $1,080.00 10/18/2007 1 77686 DOUBLE TREE HOTELCJPIA CONF-T CRIBBINS 0014030 42330 468.41 $468.41 10/18/2007 1 FRANCHISE TAX BOARD SLRY ATTCHMT-10/17/07 001 21114 100.00 $100.00 10/18/2007 1 77688 SHANNON GRIFFITHS CONTRACT CLASS -FALL 0015350 45320 432.00 $432.00 10/18/2007 77689 HALL & FOREMAN, INC. PROF.SVCS-EN 06-534 10/18/2007 HALL & FOREMAN, INC. PROF.SVCS-PLAN CHECK 001 23012 709.04 $4,335.00 10/18/2007 HALL & FOREMAN, INC. 0015551 R45223 210.96 10/18/2007 HALL & FOREMAN, INC. ADMIN FEE -EN 06-534 001 23012 177,26 10/18/2007 HALL & FOREMAN, INC. ADMIN FEE -EN 06-534 001 34650 -177,26 10/18/2007 HALL & FOREMAN, INC. PROF.SVCS-EN 03-405 001 23012 367.50 10/18/2007 HALL & FOREMAN, INC. ADMIN FEE -EN 03-405 001 23012 91 88 10/18/2007 HALL & FOREMAN, INC. ADMIN FEE -EN 03-405 001 34650 -91,88 10/18/2007 HALL & FOREMAN, INC. PROF.SVCS-EN 06-507 001 23012 420.00 10/18/2007 HALL & FOREMAN, INC. ADMIN FEE -EN 06-507 001 23012 105.00 10/18/2007 HALL & FOREMAN, INC. ADMIN FEE -EN 06-507 001 34650 -105.00 PROF -SVCS -EN 06-510 001 23012 270 nn Page 9 Page 10 City of Diamond Bar - Check Register 10/11/07 thru 10/31/07 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 10/18/2007 77689... HALL & FOREMAN, INC. ADMIN FEE-EN 06-510 10/18/2007 HALL & FOREMAN, INC. ADMIN FEE-EN 06-510 001 23012 67.50 $4,335.00... 10/18/2007 HALL & FOREMAN, INC. 001 34650 -67.50 10/18/2007 HALL & FOREMAN, INC. PROF.SVCS-EN 05-476 001 23012 548.50 10/18/2007 HALL & FOREMAN, INC. ADMIN FEE-EN 05-476 001 23012 137.13 10/18/2007 HALL & FOREMAN, INC. ADMIN FEE-EN 05-476 001 34650 137.13 10/18/2007 HALL & FOREMAN, INC. PROF.SVCS-EN 01-323 001 23012 1,089.00 10/18/2007 HALL & FOREMAN, INC. ADMIN FEE-EN 01-323 001 23012 272.25 10/1819nm ADMIN FEE-EN 01-323 001 34650 10/18/2007 HALL & FOREMAN, INC. PROF.SVCS-EN 01-323 001 23012 575.00 10/18/2007 HALL & FOREMAN, INC. ADMIN FEE-EN 01-323 001 23012 143.75 10/18/2007 HALL & FOREMAN, INC. ADMIN FEE-EN 01-323 001 34650 -143.75 10/18/2007 HALL & FOREMAN, INC. PROF-SVCS-EN 05-494 001 23012 145.00 10/18/2007 HALL & FOREMAN, INC. ADMIN FEE-EN 05-494 001 23012 36.25 ADMIN FEE-EN 05-494 001 34650 -36.25 10/18/2007 77690 ISALVADOR HERNANDEZ PK REFUND-DBC 001 23002 500.00 $500.00 10/18/2007 77691 LEW HERNDON P & R COMM-9/27 0015350 44100 45.00 $45.00 10/18/2007 77692 INLAND EMPIRE STAGES EXCURSION-TRANSPORTATION 1125350 10/18/2007 INLAND EMPIRE STAGES EXCURSION-H/BEACH 45310 618.00 $1,383.00 0015350 45310 765.00 10/18/2007 77693 JINLAND ROUNDBALL OFFICIALS OFFICIAL SVCS-OCT 07 0015350 45300 1,440.00 $1,440.00 10/18/2007 77694 INTERNATIONAL SERVICES INC CROSSING GUARD SVCS-AUG 0014411 10/18/2007 INTERNATIONAL SERVICES INC CROSSING GUARD SVCS-SEPT 45410 2,545.35 $13,820.18 0014411 4541)=12 11,274.83 10/18/2007 77695 J A BLASH SHOWS INC ITICKET BOOTH-SNOW FEST T 0015350 41200 250.00 $250.00 10/18!2007 77696 SAMIRA JARIDLY REFUND-DBC 10/18/2007 SAMIRA JARIDLY IPK 001 23002 350.00 $300.00 FACILITY RENTAL 001 36615 50.00 10/18/2007 77697 JDC INC RETENTION PAYABLE 250 10/18/2007 JDC INC 20300 -135.00 $1,215.00 ADA RETROFIT -P GROW PK 2505310 R46415 1,350.00 10/18/2007 77698 JOYCE Y I FF HMM CON_ OC_ 07 1155515 I 42330 1 629.061 $_629.06 Page 10 City of Diamond Bar - Check Register 10/11/07 thru 10/31/07 Check Date Check Number Vendor Name Transaction Description Fund/ Dept I Acct # Amount I Total Check Amount 10/18/2007 77699 (JUDICIAL DATA SYSTEMS CORPORATION PARKING CITE ADMIN -SEPT 0014411 45405 5 $4,352.72 10/18/2007 LDM ASSOCIATES INC. 10/18/2007 77700 LA HABRA FENCE CO INC SUPPLIES -PARKS 10/18/2007 $36.10 0015340 42210 36.101 10/18/2007 10/18/2007 77701 DARRYL LAFAYETTE 1PK REFUND -DBC 10/18/2007 $50.00 001 34780 1 50.00 23010 10/18/2007 10/18/2007 77702 LANDSCAPE MAINTENANCE UNLIMITED MAINT-PANTERA PK 344306 $450.00 0015340 42210 450.00 001 230101 1�nn7 ____7770.3- __ TRIEPARKWAY MAINT SVCS -SEPT 001 23010 $1 9827 0015558 45503 1,982.76 10/18/2007 10/18/2007 77704 LDM ASSOCIATES INC. LDM ASSOCIATES INC. PROF -SVCS -FPL 2006-213 001 23010T624.26 5 $4,352.72 10/18/2007 LDM ASSOCIATES INC. ADMIN FEE -FPL 2006-213 001 230107 10/18/2007 LDM ASSOCIATES INC. ADMIN FEE -FPL 2006-213 001 344307 10/18/2007 LDM ASSOCIATES INC. PROF.SVCS-FPL 2006-215 001 230100 10/18/2007 LDM ASSOCIATES INC. ADMIN FEE -FPL 2006-215 001 23010 10/18/2007 LDM ASSOCIATES INC. ADMIN FEE -FPL 2006-215 001 344306 10/18/2007 LDM ASSOCIATES INC. PROF.SVCS-FPL 2006-234 001 230101 10/18/2007 LDM ASSOCIATES INC. ADMIN FEE -FPL 2006-234 001 23010 10/18/2007 LDM ASSOCIATES INC. ADMIN FEE -FPL 2006-234 001 34430 10/18/2007 LDM ASSOCIATES INC. PROF -SVCS -FPL 2007-253 001 23010 10/18/2007 LDM ASSOCIATES INC. ADMIN FEE -FPL 2007-253 001 23010 112.37 10/18/2007 LDM ASSOCIATES INC. ADMIN FEE -FPL 2007-253 001 34430 -112.37 10/18/2007 LDM ASSOCIATES INC. PROF.SVCS-FPL 2005-150 001 23010 787.97 10/18/2007 LDM ASSOCIATES INC. ADMIN FEE -FPL 2005-150 001 23010 141.83 10/18/2007 LDM ASSOCIATES INC. ADMIN FEE -FPL 2005-150 001 34430 -141.83 10/18/2007 LDM ASSOCIATES INC. PROF.SVCS-FPL 2007-15 001 23010 467.50 10/18/2007 LDM ASSOCIATES INC. ADMIN FEE -FPL 2007-15 001 23010 84.15 10/18/2007 LDM ASSOCIATES INC. ADMIN FEE -FPL 2007-15 001 34430 -84,15 10/18/2007 LDM ASSOCIATES INC. PROF.SVCS-FPL 2007-266 001 23010 606.33 10/18/2007 LDM ASSOCIATES INC. ADMIN FEE -FPL 2007-266 001 23010 109.14 10/18/2007 LDM ASSOCIATES INC. ADMIN FEE -FPL 2007-266 001 34430 -109.14 10/18/2007 LDM ASSOCIATES INC. PLANNING SVCS-JUL 07 0015210 44250 105.00 10/18/2007 LDM ASSOCIATES INC. PROF -SVCS -FPL 2007-277 001 23010 22.50 10/18/2007 LDM ASSOCIATES INC. ADMIN FEE -FPL 2007-277 001 23010 4.05 ADMIN FEE -FPL 2007-277 001 34430 4.05 Page 11 City of Diamond Bar - Check Register 10/11/07 thru 10/31/07 Check Date Check Number Vendor Name Transaction Description 10/18/2007 77704... LDM ASSOCIATES INC. PROF.SVCS-FPL 2007-281 10/18/2007 10/18/2007 LDM ASSOCIATES INC. ADMIN FEE -FPL 2007-281 10/18/2007 10/18/2007 LDM ASSOCIATES INC. ADMIN FEE -FPL 2007-281 Fund/ Dept Acct # Amount Total Check Amount 001 23010 22.50 $4,352.72... 001 23010 4.05 001 34430 -4.05 10/18/2007 77705 ANYORK LEE IFACILITY RENTAL -DBC 001 23002 600.00 $600.00 10/18/2007 10/18/2007 10/18/2007 77706 LEIGHTON & ASSOCIATES, INC. LEIGHTON & ASSOCIATES, INC. LEIGHTON & ASSOCIATES, INC. ADMIN FEE -EN 07-581 ADMIN FEE -EN 07-581 ADMIN FEE -EN 07-582 10/18/2007 10/18/2007 001 LEIGHTON & ASSOCIATES, INC. ADMIN FEE -EN 07-582 10/18/2007 LEIGHTON & ASSOCIATES, INC. PROF.SVCS-EN 04-449 10/18/2007 LEIGHTON & ASSOCIATES, INC. ADMIN FEE -EN 04-449 10/18/2007 172.80 LEIGHTON & ASSOCIATES, INC. ADMIN FEE -EN 04-449 10/18/2007 34650 LEIGHTON & ASSOCIATES, INC. PROF.SVCS-EN 07-581 10/18/2007 001 23012 137.70 $2,330.62 001 34650 -137.70 1 44100 145.00 001 23012 960.00 001 23012 172.80 $45.00 10/18/2007 001 34650 -172.80 001 23012 605.62 34730 001 23012 109.01 001 34650 -109.01 $20.00 10/18/2007 001 23012 765.001 1 10/18/2007 77707 BENNY LIANG P & R COMM -9/27 0015350 1 44100 145.00 $45.00 10/18/2007 77708 JULY LIOU RECREATION REFUND 001 34730 1 20.00 $20.00 10/18/2007 77709 ILIVESOUND CONCEPTS SOUND SYS -SNOW FEST 0015350 45300 690.00 $690.00 10/18/2007 77710 DORA LONYAI CONTRACT CLASS -FALL 0015350 45300 226.80 $226.80 10/18/2007 77711 ILOS ANGELES UNIFIED SCHOOL DISTRICT BILINGUAL SVCS-H/R 0014060 1 44000 80.00 $80.00 10/18/2007 77712 GARY LUCKE REFUND -EN 07-586 001 10/18/2007 GARY LUCKE 1 23012 255.00 $170.00 INSPECTION FEE 001 34630 -85.00 10/18/2007 77713 ALICE E LYONS BALLOONS-LORBEER SCH 0015350 45300 216.50 $216.50 10/18/2007 77714 ISARAH JOY MAHINAY PK REFUND -DBC 001 23002 350.00 $350.00 10/18/2007 1 77715 IROSA MARTINEZ PK REFUND -DBC 001 23002 100.00 $100.00 10/18/2007 1 77716 IKAREN MAY CONTRACT r1 ASS FALL 1 0015350 1 45320 1 252001 49Fo nn Page 12 10/18/2007 77720 City of Diamond Bar - Check Register 10/11/07 thru SUPPLIES-CMGR 10/31/07 Vendor Name Transaction Description Fund/ Dept 28.01 $2,450.84 10/18/2007 Check Date Check Number 10/18/2007 OFFICEMAX CONTRACT INC -S IPPI -- --- - -- SUPPLIES -FINANCE 0014030 - 41200 Acct #Amount Total Check Amount 10/18/2007 10/18/2007 77717 MCE CORPORATION VEGETATION CONTRL-SEPT SUPPLIES -FINANCE 0014050 41200 3.61 0015558 10/18/2007 OFFICEMAX CONTRACT INC 0014050 41200 138.74 45508 5,899.20 $5,899.20 10/18/2007 77718 IPATRICK MONTOYA CONTRACT CLASS 41200 24.56 -FALL 0015350 45320 72.60 $72.60 10/18/2007 77719 NORRIS REPKE INC SLURRY SEAL -AUG 07 3.81 10/18/2007 2505510 1 46411 11,380.00 $138000 10/18/2007 77720 OFFICEMAX CONTRACT INC SUPPLIES-CMGR 0014030 41200 28.01 $2,450.84 10/18/2007 OFFICEMAX CONTRACT INC SUPPLIES-CMGR 10/18/2007 OFFICEMAX CONTRACT INC -S IPPI -- --- - -- SUPPLIES -FINANCE 0014030 - 41200 10.40 - - - 55.70 10/18/2007 OFFICEMAX CONTRACT INC 10/18/2007 OFFICEMAX CONTRACT INC SUPPLIES -FINANCE 0014050 41200 3.61 10/18/2007 OFFICEMAX CONTRACT INC 0014050 41200 138.74 10/18/2007 OFFICEMAX CONTRACT INC SUPPLIES-H/R 0014060 41200 24.56 10/18/2007 OFFICEMAX CONTRACT INC SUPPLIES-H/R 0014060 41200 3.81 10/18/2007 OFFICEMAX CONTRACT INC SUPPLIES -GENERAL 0014090 41200 84.99 10/18/2007 OFFICEMAX CONTRACT INC SUPPLIES -GENERAL 0014090 41200 290.11 10/18/2007 OFFICEMAX CONTRACT INC SUPPLIES -GENERAL 0014090 41200 72.36 10/18/2007 OFFICEMAX CONTRACT INC SUPPLIES -GENERAL 0014090 41200 291.90 10/18/2007 OFFICEMAX CONTRACT INC SUPPLIES -GENERAL 0014090 41200 242.56 10/18/2007 OFFICEMAX CONTRACT INC SUPPLIES -GENERAL 0014090 41200 47.26 10/18/2007 OFFICEMAX CONTRACT INC SUPPLIES -GENERAL 0014090 41200 523.89 10/18/2007 OFFICEMAX CONTRACT INC SUPPLIES -GENERAL 0014090 41200 6.48 10/18/2007 OFFICEMAX CONTRACT INC CREDIT MEMO -GENERAL 0014090 41200 -5.55 10/18/2007 OFFICEMAX CONTRACT INCSUPPLIES-GE SUPPLIES -GENERAL 0014090 41200 2.59 1 0/1 812 00 7 OFFICEMAX CONTRACT INC NERAL 0014090 41200 9.33 29.33 10/18/2007 OFFICEMAX CONTRACT INC SUPPLIES -GENERAL 0014090 41200 217.58 10/18/2007 OFFICEMAX CONTRACT INC SUPPLIES -GENERAL 0014090 41200 253.86 10/18/2007 OFFICEMAX CONTRACT INC CREDIT MEMO-P/INFO 0014095 41200 -3.62 10/18/2007 OFFICEMAX CONTRACT INC SUPPLIES-P/INFO 0014095 41200 31.28 10/18/2007 OFFICEMAX CONTRACT INC SUPPLIES-P/INFO 0014095 41200 41.12 10/18/2007 OFFICEMAX CONTRACT INC SUPPLIES-P/INFO 0014095 41200 124.89 10/18/2007 OFFICEMAX CONTRACT INC SUPPLIES-P/INFO 0014095 41200 131.48 10/18/2007 OFFICEMAX CONTRACT INC SUPPLIES -DBC 0015333 41200 75.93 MEMO CREDIT -TRANSIT RETIRE CONTRIB ER 1125553 41200 -272.43 10/18/2007 77721 PERS RETIREMENT FUND ------- 001 1 21109 325.56F $-,54-2-- .4-4-1 Page 13 City of Diamond Bar - Check Register 10/11/07 thru 10/31/07 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 10/18/2007 10/18/2007 77721... PERS RETIREMENT FUND PERS RETIREMENT FUND RETIRE CONTRIB-EE SURVIVOR BENEFIT 001 001 21109 21109 208.88 8.00 $542.44 ... 10/18/2007 77722 PERS RETIREMENT FUND RETIRE CONTRIB-ER 001 21109 13,714.57 $22,559.59 10/18/2007 10/18/2007 PERS RETIREMENT FUND RETIRE CONTRIB-EE 001 21109 8,799.45 74.69 10/18/2007 $74.69 PERS RETIREMENT FUND SURVIVOR BENEFIT 001 21109 45.57 45507 10/18/2007 77723 PROTECTION SERVICE INDUSTRIES LP 4ni�Qionm-- _ _ 10/18/2007 ON SERVICE INDUSTRIES LP SVCS -DBC 0015333 1 42210 52.501 $236.04 SVCS-SYC CYN PK 0015340 1 42210 97.20 SVCS -HERITAGE PK 0015340 42210 86.34 1 1 10/18/2007 77724 QUICK CRETE PRODUCTS CORP MAINT-PETERSON PK 1 0015340 42210 479.55 $479.55 10/18/2007 77725 REINBERGER PRINTWERKS PRINT SVCS -BUS CARDS 0014095 44000 74.69 376.50 284.27 202.25 201.62 4,828.30 8,098.26 1,593.84 $74.69 10/18/2007 77726 REPUBLIC ELECTRIC C/WIDE TRAFFIC -7/20 0015554 45507 11,644.021 $11,644.02 10/18/2007 77727 IRUTH M. LOW P & R COMM -9/27 0015350FT 44100 45.00 $45.00 10/18/2007 77728 S & S WORLDWIDE INC SUPPLIES -RECREATION 0015350 1 41200 228.09 $228.09 1011812007 I 77729 IJOSIE SALAS PK REFUND -DBC 001 23002 100.00 $45.00 10118/2007 JOSIE SALAS FACILITY RENTAL 001 36615 -55.00 10/18/2007 77730 SCHOOL SPECIALTY INC SUPPLIES -HAUNTED HOUSE 0015350 1 41200 256.9 $$256.99 10/18/2007 10/18/2007 77731 SHASHI SINGEETHAM ISHASHI SINGEETHAM PK REFUND -DBC PK REFUND -DBC 001 001 23002 36615 200.00 650.00 $850.00 10/18/2007 10/18/2007 10/18/2007 10/18/2007 10/18/2007 10/18/2007 10/18/2007 77732 SOUTHERN CALIFORNIA EDISON SOUTHERN CALIFORNIA EDISON SOUTHERN CALIFORNIA EDISON SOUTHERN CALIFORNIA EDISON SOUTHERN CALIFORNIA EDISON SOUTHERN CALIFORNIA EDISON SOUTHERN CALIFORNIA EDISON ELECT SVCS -DIST 38 ELECT SVCS -DIST 39 ELECT SVCS -TRAFFIC CONTRL ELECT SVCS -DIST 41 ELECT SVCS -PARKS ELECT SVCS -DBC ELECT SVCS -TRAFFIC CONTRL 1385538 1395539 0015510 1415541 0015340 0015333 0015510 42126 42126 42126 42126 42126 42126 42126 376.50 284.27 202.25 201.62 4,828.30 8,098.26 1,593.84 $17,371.38 Page 14 City of Diamond Bar - Check Register 10/11/07 thru 10/31/07 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 10/18/2007 77732... SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 0015510 42126 388.75 $17,371.38 ... 10/18/2007 77734 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 0015510 42126 1,159.96 $500.00 10/18/2007 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 0015510 42126 237.63 10/18/2007 1 77733 TERESA STEVENSON RECREATION REFUND 1 001 1 34780 1 95.00 $95.00 10/18/2007 THE SAN GABRIEL VALLEY NEWSPAPER GR LEGAL AD -FPL 2007-283 001 23010 203.02 10/18/2007 1 77734 IMICHELLE TANNERY PK REFUND -DBC 1 001 1 23002 1 500.001 $500.00 10/18/2007 THE SAN GABRIEL VALLEY NEWSPAPER GR LEGAL AD -FPL 2007-268 001 23010 186.36 10/18/2007 1 77735 TENNIS ANYONE CONTRACT CLASS -FALL 1 0015350 1 45320 1 5,412.40 $5,412.40 10/18/2007 77736 THE SAN GABRIEL VALLEY NEWSPAPER GR LEGAL AD -FPL 2007-281 001 23010 178.52 $1,813.46 10/18/2007 THE SAN GABRIEL VALLEY NEWSPAPER GR LEGAL AD -FPL 2007-283 001 23010 203.02 10/18/2007 77738 THE SAN GABRIEL VALLEY NEWSPAPER GR LEGAL AD -FPL 2007-272 001 23010 173.62 $16,640.00 10/18/2007 THE SAN GABRIEL VALLEY NEWSPAPER GR LEGAL AD -FPL 2007-268 001 23010 186.36 10/18/2007 77739 THE SAN GABRIEL VALLEY NEWSPAPER GR LEGAL AD -FPL 2007-253 001 23010 253.00 $3,000.00 10/18/2007 THE SAN GABRIEL VALLEY NEWSPAPER GR LEGAL AD -FPL 2007-278 001 23010 229.48 10/18/2007 THE SAN GABRIEL VALLEY NEWSPAPER GR LEGAL AD -FPL 2007-61 001 23010 210.86 10/18/2007 THE SAN GABRIEL VALLEY NEWSPAPER GR LEGAL AD -FPL 2006-245 001 23010 192.24 10/18/2007 THE SAN GABRIEL VALLEY NEWSPAPER GR ILEGAL AD -FPL 2207-269 001 23010 186.36 10/18/2007 1 77737 TIME WARNER MODEM SVCS -COUNCIL 1 0014010 1 42130 44.951 $44.95 10/18/2007 ULTRASYSTEMS ADMIN FEE -FPL 2005-145 001 23010 1,200.00 10/18/2007 1 77738 ITRANSCORE LLC TRFFC MNGMNT SYS -SEPT 1 2505510 1 46412 16,640.00 $16,640.00 10/18/2007 US BANK EQ -COMM SVCS 0015340 41200 498.98 10/18/2007 77739 TRUGREEN LANDCARE MAINT-PETERSON PK 0015340 1 42210 1 3,000.00 $3,000.00 10/18/2007 1 77740 UCN INC LONG DIST SVCS -SEPT 0014090 1 42125 1 55.98 $55.98 10/18/2007 77741 ULTRASYSTEMS PROF.SVCS-FPL 2005-145 001 23010 6,666.64 $6,666.64 10/18/2007 ULTRASYSTEMS ADMIN FEE -FPL 2005-145 001 23010 1,200.00 10/18/2007 ULTRASYSTEMS ADMIN FEE -FPL 2005-145 001 34430 -1,200.00 10/18/2007 77743 US BANK TRNG-FINANCE/I.T 0014070 42340 66.41 $11,290.45 10/18/2007 US BANK MTG SUPPLIES -GENERAL 0014090 42325 562.52 10/18/2007 US BANK SUPPLIES -GENERAL 0014090 41400 19.39 10/18/2007 US BANK EQ -COMM SVCS 0015340 41200 498.98 Page 15 City of Diamond Bar - Check Register 10/11/07 thru 10/31/07 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 10/18/2007 77743... US BANK SUPPLIES -COMM SVCS 0015310 41200 73.14 $11,290.45 ... 10/18/2007 US BANK EQ MAI NT -DBC 0015333 42200 274.66 10/18/2007 US BANK SUPPLIES -DBC 0015333 41200 16.68 10/18/2007 US BANK SUPPLIES -ROAD MAINT 0015554 41250 250.20 10/18/2007 US BANK TRNG-ROAD MAINT 0015510 42340 92.00 10/18/2007 US BANK CPRS CONF-SOMOGYI 0015310 42330 760.00 10/18/2007 US BANK MISAC MTG-I.T. 0014070 42325 8.00 10/18/2007 US BANK MUNI CONF-I.T. 0014070 42330 325.00 10/18/2007 US BANK WIFI RESEARCH-I.T. 0014070 44000 495.00 10/18/2007 US BANK MISAC CONF-I.T. 0014070 42330 861.90 10/18/2007 US BANK ANNL COMP MAINT-I.T. 0014070 42205 4,437.96 10/18/2007 US BANK CONF-GUBMAN 0015210 42330 136.80 10/18/2007 US BANK MTG SUPPLIES -COMM DEV 0015210 42325 50.38 10/18/2007 US BANK MTG SUPPLIES-PLNG 0015210 42325 77.20 10/18/2007 US BANK MEMO CREDIT-PLNG 0015210 42330 -107.91 10/18/2007 US BANK SUPPLIES -HAUNTED HOUSE 0015350 41200 665.16 10/18/2007 US BANK SUPPLIES -CONCERTS 0015350 41200 10.38 10/18/2007 US BANK MTG SUPPLIES -HIR 0014060 42325 84.10 10/18/2007 US BANK SUPPLIES-H/R 0014060 42115 23.96 10/18/2007 US BANK SUPPLIES-P/WORKS 0015510 42325 159.52 10/18/2007 US BANK TRNG-ASCE 0015510 42340 299.00 10/18/2007 US BANK SUPPLIES -COMM SVCS 0015350 41200 42.29 10/18/2007 US BANK MEMBERSHIP DUES -CPRS 0015350 42315 415.00 10/18/2007 US BANK SUPPLIES -SR DANCE 0015350 41200 186.00 10/18/2007 - US BANK SUPPLIES -IJ U 1200 47.02 10/18/2007 US BANK SUPPLIES -COMM SVCS 0015350 41200 63.10 10/18/2007 US BANK TRNG-BATSON 0015350 42315 99.00 10/18/2007 US BANK ICSC CONF-GUBMAN 0015210 42330 450.00 10/18/2007 JUS BANK MEMO CREDIT-P/INFO 0014095 1 41200 -152.39 10/18/2007 1 77744 VANTAGEPOINT TRNSFR AGNTS-303248 10/19/07-P/R DEDUCTIONS 1 001 1 21108 1 5,145.511 $5,145.51 10/18/2007 77745 VERIZON CALIFORNIA PH.SVCS-HERITAGE PK 0015340 42125 24.44 $266.92 10/18/2007 VERIZON CALIFORNIA PH.SVCS-HERITAGE PK 0015340 42125 38.56 10/18/2007 VERIZON CALIFORNIA PH.SVCS-PETERSON PK 0015340 42125 89.50 Page 16 City of Diamond Bar - Check Register 10/11/07 thru 10/31/07 Check DateI Check Number) Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 10/18/2007 I 77745... IVERIZON CALIFORNIA PH.SVCS-INFO TO GO 0014090 42125 114.421 $266 92 10/18/2007 77746 WALNUT VALLEY UNIFIED SCHOOL DIST FACILITY RENTAL -SEPT 0015350 42140 280.00 $2,852.00 10/18/2007 10/18/2007 WALNUT VALLEY UNIFIED SCHOOL DIST FACILITY RENTAL -SEPT 07 0015350 42140 1,872.00 42126 10/18/2007 $14.13 WALNUT VALLEY UNIFIED SCHOOL DIST FACILITY RENTAL -SEPT 07 0015350 42140 700.00 1 41200 10/18/2007 77747 WALNUT VALLEY WATER DISTRICT 10/18/2007 ,TER SVCS -DIST 39 WALNUT VALLEY WATER DISTRICT 10/18/2007 42126 WALNUT VALLEY WATER DISTRICT 10/18/2007 1415541 WALNUT VALLEY WATER DISTRICT 10/18/2007 41200 WALNUT VALLEY WATER DISTRICT kTER SVCS -DIST 38 77748 1385538 42126 ,TER SVCS -DIST 39 41200 1395539 42126 ,TER SVCS -DIST 41 10/18/2007 1415541 42126 ,TER SVCS -PARKS 41200 0015340 42126 ,TER SVCS -DBC $14.13 0015333 42126 11,018.941 $38,335.10 5,241.- 16,293.1 10/18/2007 77748 WAXIE SANITARY SUPPLY SUPPLIES -DBC 0015333 41200 3.25 $1,698.10 10/18/2007 10/18/2007 WAXIE SANITARY SUPPLY SUPPLIES -DBC 0015333 41200 47.06 140.00 10/18/2007 $14.13 WAXIE SANITARY SUPPLY SUPPLIES -DBC 0015333 41200 1,044.07 1 41200 10/18/2007 WAXIE SANITARY SUPPLY SUPPLIES -HERITAGE PK 0015340 42210 556.66 001 10/18/2007 10,671.331 WAXIE SANITARY SUPPLY SUPPLIES -HERITAGE PK 0015340 42210 47.06 10/18/2007 77749 IWELLS FARGO BANK LEAGUE CONF-COUNCIL 0014010 42330 365.09 $39.35 $365.09 10/18/2007 77750 WELLS FARGO BANK MEMBERSHIP DUES-BATSON 0015350 42315 140.00 $140.00 10/18/2007 77751 YOSEMITE WATER EQ RENTAL -SEPT 0015310 42130 13.25 $39.35 10/18/2007 10/25/2007 YOSEMITE WATER WATER SUPPLIES-SYC CYN 0015350 41200 26.10 14.13 VANGED ELECTRONICS 0015333 41200 96.06 $96.06 10/25/2007 1 77753 JADVANTEC CONSULTING ENGINEERS INC ENGINEERING SVCS-AUG/SEPT 0015554 1 44520 4,070.00 $5,527.91 10/25/2007 ADVANTEC CONSULTING ENGINEERS INC ENGINEERING SVCS-AUG/SEPT 0015554 44520 1,457.91 10/25/2007 77754 AGRICULTURAL COM WGHTS & MEASURES JCOYOTE CONTROL SVCS -AUG 1 0014431 1 45406 1 905.98 $905.98 10/25/2007 77755 AJAX SIGN GRAPHICS INC. SUPPLIES-NAMEPLATE0014090 41200 14.13 $14.13 10/25/2007 77756 JALBERTSONS SUPPLIES -HAUNTED HOUSE 0015350 1 41200 14.07 $14.07 10/25/2007 1 77757 JALLIANT INSURANCE SERVICES INC SPL EVENT INS-JUL-SEPT 001 23004 10,671.331 $10,671.33 Page 17 Check Date I Check City of Diamond Bar - Check Register 10/11/07 thru 10/31/07 venaor Name Transaction Description [ Fund/ Dept I Acct # I Amount I Total Check 10/2512007 77758 JALTIMA TECHNOLOGIES INC.SUBSCRIPTION-RENEWAL RETENTION PAYABLE 1 0014070 1 42205 1 550.00 $550.00 BELAIRE WEST LANDSCAPE CONSTRUCTION-LORBEER 2505510 R46416 6,117.38 10/25/2007 77759 1 MARIA ALWAY PK REFUND -DBC 1 001 1 23002 1 500.00 $500.00 10/25/2007 77760 JAMERICOMP GROUP INC SUPPLIES -TONER 0014070 1 45000 638.68 $638.68 10/25/2007 77761 AMERITECH BUSINESS SYSTEMS ICOPIER MAINT-SEPT/OCT 0014090 L 42100 811.67 $811.67 10/25/2007 77762 IJULIE AN PK REFUND -PETERSON 001 23002 50.00 $50.00 10/25/2007 77763 IJAY ARORA PK REFUND -DBC 001 1 36615 1 400.00 $400.00 10/25/2007 77764 JBIELAIRE WEST LANDSCAPE RETENTION PAYABLE 1 250 20300 22,002.18 10125/2007 BELAIRE WEST LANDSCAPE CONSTRUCTION-LORBEER 2505510 R46416 6,117.38 $28,119.56 10/25/2007 77765 IJOHN E BISHOP ICONTRACT CLASS -FALL 0015350 45320 888.00 $888.00 10/25/2007 77766 BLUE SKY CAFE SUPPLIES -HIR 0014060 42347 42.22 $42 22 10/25/2007 77767 IKATHY BREAUXCONTRACT CLASS -FALL 1 0015350 45320 1 326.401 $326.40 10/25/2007 77768 CA PARK & RECREATION SOCIETY JAWARD APPL FEE-MEYERS 0015350 41200 45.00 $45.00 10/25/2007 77769 ICA PARK & RECREATION SOCIETY AWARD APPL FEE-TARAZON 0015350 41200 45.00 $45.00 10/25/2007 77771 CA PARK & RECREATION SOCIETY AWARD APPL FEE-SOMOGYI 001535041200 45.00 $45.00 10/25/2007 77772 ICA PARKS & REC SOC -DIS XIII MEMBERSHIP MTG-COMM SVCS 0015350 42325 120.00 $120.00 10/25/2007 77773 ICA PARKS & REC SOC -DIS XIII CPRS MTG-COMM SVCS 0015350 42325 1 120.001 $120.00 10/25/2007 77774 ICABALLERO FEED & PET INC SUPPLIES -WINTER SNOW FEST 0015350 41200 911.94 $911.94 10/25/2007 77775 CASH ICHANGE FD-H/HOUSE 0015350 41200 600.00 $600.00 Page 18 10/25/2007 10/25/2007 77784 City of Diamond Bar - Check Register 10/11/07 thru MONTHLY MAINT SVCS -DBC 10/25/2007 10/31/07 DH MAINTENANCE SVCS -PARKS ADDL MAINT-DBC 10/25/2007 42210 DH MAINTENANCE ADDL MAINT-DBC AUG 10/25/2007 0015333 DH MAINTENANCE ADDL MAINT-DBC AUG Check Date Check Number Vendor Name 250.00 Transaction Description CONTRACT CLASS -FALL Fund/ DeT41200 cct # Amount Total Check Amount 0015350 45320 10/25/2007 77776 CATALINA BALLAST BULB COMPANY SUPPLIES -DBC 327.60 $327.60 10/25/2007 77787 DOLPHIN RENTS INC EQ RENTAL -COMM SVCS 0015333 57.74 $57.74 0015350 45300 10/25/2007 10/25/2007 10/25/2007 77777 CDW GOVERNMENT INC. CDW GOVERNMENT INC. CDW GOVERNMENT INC. COMP MAINT-SERVERS WALL MOUNT -DBC LCD HDTV -DBC 10/25/2007 77788 MARIZEN D 11 I NAN PK REFUND -PETERSON 2505510 0015333 0015333 46412 46250 46250 4,618.14 106.28 823.17 $5,547.59 001 I 23002 I 10/25/2007 77778 CENTER ICE SKATING ARENA ICONTRACT CLASS -FALL 0015350 45320 126.00 $126.00 10/25/2007 77779 IJENNY CHEN PK REFUND -DBC 001 23002 100.00 $100.00 10/25/2007 10/25/2007 10/25/2007 10/25/2007 77780 CHRISTOPHER MORALES INC CHRISTOPHER MORALES INC CHRISTOPHER MORALES INC CHRISTOPHER MORALES INC TRFFC SIGNAL PROJ-G/SPRNG TRFFC SIGNAL PROJ-G/SPRNG TRFFC SIGNAL PROJ-G/SPRNG RETENTION PAYABLE $172,728.00 2505510 2505510 2505510 250 R46412 R46412 R46412 20300 39,667.20 81,760.00 70,492.80 -19,192.00 10/25/2007 77781 CLOUT IMTG-COUNCIL $25.00 0014010 42325 25.00 10/25/2007 10/25/2007 77782 DAVID EVANS AND ASSOCIATES INC DAVID EVANS AND ASSOCIATES INC CONSTRCTN-LORBEER SCHL CONSTRCTN-COLD SPRING/57 $3,145.50 2505510 2505510 1 R46420 R46416 1,035.50 2,110.00 10/25/2007 10/25/2007 10/25/2007 77783 DAY & NITE COPY CENTER DAY & NITE COPY CENTER DAY &NITE COPY CENTER PRINT SVCS -COMM SVCS PRINT SVCS -COMM SVCS PRINT SVCS -COMM SVCS -F $711.00 0015350 0015350 0015350 42110 42110 42110 368.87 215.96 126.17 10/25/2007 10/25/2007 77784 DH MAINTENANCE nw MAINTEiNANGE MONTHLY MAINT SVCS -DBC 10/25/2007 12,250.83 DH MAINTENANCE SVCS -PARKS ADDL MAINT-DBC 10/25/2007 42210 DH MAINTENANCE ADDL MAINT-DBC AUG 10/25/2007 0015333 DH MAINTENANCE ADDL MAINT-DBC AUG 10/25/2007 77785 DIAMOND BAR MOBIL 0015333 1 45300 12,250.83 $17,198.00_ 0015340 42210 735.17 0015333 45300 966.00 633.47 0015333 45300 250.00 DOG DEALERS INC CONTRACT CLASS -FALL 0015333 45300 2,996.00 0015350 10/25/2007 77785 DIAMOND BAR MOBIL POOL VEH MAINT-JEEP 0014090 42200 633.47 $633.47 10/25/2007 77786 DOG DEALERS INC CONTRACT CLASS -FALL 0015350 45320 327.60 $327.60 10/25/2007 77787 DOLPHIN RENTS INC EQ RENTAL -COMM SVCS 0015350 45300 j 591.361$591.36 10/25/2007 77788 MARIZEN D 11 I NAN PK REFUND -PETERSON 001 I 23002 I 50.001 $50.001 Page 19 City of Diamond Bar - Check Register 10/11/07 thru 10/31/07 Check Date Check Number Vendor Name Transaction Description I Fund/ Dept I Acct # I Amount I Total Check Amount 10/25/2007 10/2512007 10/25/2007 10/2512007 10/25/2007 10/25/2007 10/25/2007 10/25/2007 10/25/2007 77789 EDAW INC EDAW INC EDAW INC EDAW INC EDAW INC EDAW INC EDAW INC EDAW INC EDAW INC 10/25/2007 77790 EXTERIOR PRODUCTS INC 10/25/2007 77791 GG ONE SOFTWARE INC ADMIN FEE -EN 06-514 10/25/2007 77792 GO LIVE TECHNOLOGY INC 10/25/2007 77793 CHAD GONELLA HALL & FOREMAN, INC. 10/25/2007 77794 GRAFFITI CONTROL SYSTEMS ADMIN FEE -EN 06-514 10/25/2007 10/2512007 10/25/2007 10/25/2007 77795 HALL & FOREMAN, INC. HALL & FOREMAN, INC. HALL & FOREMAN, INC. HALL & FOREMAN, INC. ADMIN FEE -FPL 2007-263 ADMIN FEE -FPL 2007-263 ADMIN FEE -FPL 2007-263 ADMIN FEE -FPL 2007-263 ADMIN FEE -FPL 2007-263 ADMIN FEE -FPL 2007-263 PROF.SVCS-FPL 2007-263 PROF.SVCS-FPL 2007-263 PROF.SVCS-FPL 2007-263 (BANNERS -COMM SVCS COMP MAINT LT. CONSULTANT SVCS -WK 10112 CONTRACT CLASS -FALL GRAFFITI REMOVAL -AUG 07 PROF.SVCS-EN 03-384 PROF -SVCS -EN 06-516 PROF -SVCS -PLAN CHECK PROF -SVCS -PLAN CHECK 10/25/2007 34430 -2,222.47 HALL & FOREMAN, INC. 001 ADMIN FEE -EN 06-514 10/25/2007 001 HALL & FOREMAN, INC. -3,395.25 ADMIN FEE -EN 06-514 10/25/2007 23010 2,311.50 HALL & FOREMAN, INC. 001 ADMIN FEE -EN 03-384 10/25/2007 $3,900.00 001 HALL & FOREMAN, INC. 2,222.47 ADMIN FEE -EN 03-384 10/25/2007 23010 12,841.65 HALL & FOREMAN, INC. 001 PROF.SVCS-EN 07-574 10/25/2007 001 HALL & FOREMAN, INC. 18,862.49 ADMIN FEE -EN 07-574 10/25/2007 23012 377.15 HALL & FOREMAN, INC. 001 ADMIN FEE -EN 07-574 10/25/2007 001 HALL & FOREMAN, INC. -94.29 ADMIN FEE -EN 06-516 10/25/2007 23012 61.84 HALL & FOREMAN, INC. 001 ADMIN FEE -EN 06-516 10/25/2007 0015510 HALL & FOREMAN, INC. 39.09 PROF.SVCS-INSPECTION Page 20 001 34430 -2,222.47 $44,051.21 001 23010 3,395.25 001 34430 -3,395.25 $399.00 001 23010 2,311.50 001 34430 -2,311.50 $3,900.00 001 23010 2,222.47 001 23010 12,841.65 $1,020.00 001 23010 12,347.07 001 23010 18,862.49 $8,730.00 0015350 1 45300 1 .00 $836.00 001 23012 247.36 0014070 42205 399.00 $399.00 0015551 45223 329.06 0014070 R44000 3,900.00 $3,900.00 001 23012 153.13 0015350 45320 1,020.00 $1,020.00 001 23012 93.75 0015230 45520 8,730.001 $8,730.00 001 23012 375.00 $4,069.79 001 23012 247.36 0015551 45223 491.44 0015551 45223 329.06 001 23012 612.50 001 23012 153.13 001 34650 -153.13 001 23012 93.75 001 34650 -93.75 001 23012 377.15 001 23012 94,29 001 34650 -94.29 001 23012 61.84 001 34650 -61,84 0015510 45227 39.09 City of Diamond Bar - Check Register 10/11/07 thru 10/31/07 Check Date Check Number Vendor Name Transaction Description 10/25!2007 77795... HALL & FOREMAN, INC. PROFS.VCS-EN 06-516 10/25/2007 $4,069.79... HALL & FOREMAN, INC. ADMIN FEE -EN 06-516 10/25/2007 1,91 HALL & FOREMAN, INC. ADMIN FEE -EN 06-516 10/25/2007 34650 HALL & FOREMAN, INC. ADMIN FEE -EN 07-588 10/25/2007 001 HALL & FOREMAN, INC. ADMIN FEE -EN 07-588 10/25/2007 10014431 HALL & FOREMAN, INC. PROF.SVCS-EN 07-588 10/25/2007 77800 HALL & FOREMAN, INC. PROF -SVCS -PLAN CHECK 10/25/2007 750.00 HALL & FOREMAN, INC. PROF -SVCS -INSPECTION 10/25/2007 45223 HALL & FOREMAN, INC. PROF -SVCS -PLAN CHECK 10/25/2007 77796 Acct # Amount Total Check Amount 23002 7Fund/ept 23012 7.64 $4,069.79... EXCURSION -TRANSPORTATION EXCURSION -SANTA BARBARA TRANSPORTATION-EXCURSN 1125350 0015350 1125350 23012 1,91 10/25/2007 77798 INLAND ROUNDBALL OFFICIALS 34650 -1,91 1 45300 1720.00 $720.00 001 23012 187.50 ANIMAL CONTROL SVCS-NOV 10014431 001 34650 -187.50 77800 INATHANIRETON 001 23012 750.00 700.00 $700.00 10/25/2007 0015551 45223 309.99 001 23002 0015510 45227 320.30 IKENNETH L DESFORGES REIMB-MISAC CONF 0015551 45223 210.26 10/25/2007 10/25/2007 10/25/2007 77796 SONG HONG lPK REFUND -DBC 001 23002 600.00 $600.00 10/25/2007 10/25/2007 10/25/2007 77797 INLAND EMPIRE STAGES INLAND EMPIRE STAGES INLAND EMPIRE STAGES EXCURSION -TRANSPORTATION EXCURSION -SANTA BARBARA TRANSPORTATION-EXCURSN 1125350 0015350 1125350 45310 45310 45310 729.00 $1,814.00 642.20 442.80 10/25/2007 77798 INLAND ROUNDBALL OFFICIALS OFFICIAL SVCS -OCT 07 0015350 1 45300 1720.00 $720.00 10/25/2007 77799 INLAND VALLEY HUMANE SOCIETY ANIMAL CONTROL SVCS-NOV 10014431 45403 7,966.67 $7,966.67 10/25/2007 77800 INATHANIRETON PK REFUND -DBC 001 23002 700.00 $700.00 10/25/2007 77801 RAVINDRAKUMAR ITALIA PK REFUND-PANTERA 001 23002 50.00 $50.00 10/25/2007 77802 IKENNETH L DESFORGES REIMB-MISAC CONF 0014070 1 42325 1 15.00 10/25/2007 10/25/2007 77803 KIMLEY HORN AND ASSOCIATES INC KIMLEY HORN AND ASSOCIATES INC ST REHAB PROJ-PROSPECTRS ST REHAB PROJ-PROSPECTRS 2505510 2505510 R46411 R46411 6,235.76 $7,794.70 1,558.94 10/25/2007 77804 KNOTT'S BERRY FARM EXCURSION -DAY CAMP I 0015350 42410 38.95 $38.95 10/25/2007 10125/2007 10/25/2007 10/25/2007 1 012 5/200 7 77805 KOA CORPORATION KOA CORPORATION KOA CORPORATION KOA CORPORATION KOA CORPORATION PROF -SVCS -EN 07-559 ADMIN FEE -EN 07-559 ADMIN FEE -EN 07-559 PROF.SVCS-EN 07-559 ADMIN FEE -EN 07-559 001 001 001 001 001 23012 23012 34650 23012 23012 275.00 49.50 -49.50 1,305.00 aaa qn $1,580.00 Page 21 001 23012 City of Diamond Bar - Check Register 10/11/07 thru 10/31/07 10/25/2007 23012 LEIGHTON & ASSOCIATES, INC. PROF.SVCS-EN 07-567 10/25/2007 23012 LEIGHTON & ASSOCIATES, INC. ADMIN FEE -EN 07-560 10/25/2007 34650 LEIGHTON & ASSOCIATES, INC. ADMIN FEE -EN 07-560 10/25/2007 Check Date Check Number Vendor Name Transaction Description 34650 Fund/ Dept Acct # Amount Total Check Amount 10/25/2007 77805... KOA CORPORATION ADMIN FEE -EN 07-559 001 $372.00 0015350 45320 34650 -234.90 $1,580.00 ... 10/25/2007 77814 10/25/2007 77806 LA PHILHARMONIC 1EXCURSION-DISNEY C/HALL 0015350 $45.00 0015510 44100 45310 1,393.00 $1,393.00 10/25/2007 007 10/2512J�;=2,597.2( 77815 10/25/2007 10/25/2007 77807 LA PUENTE PAINT &BODY LA PUENTE PAINT &BODY VEH MAINT-COMM SVCS VEH MAINT-POOL VEH $3,584.00 0015350 0014090 42200 42200 454.13 215.95 $670.08 77816 LOS ANGELES COUNTY PUBLIC WORKS SUMP PUMP MAINT-AUG 07 10/25/2007 77808 LAUREL A MEYER 1PER DIEM -CPRS CONF 6,915.89 $210.00 0015350 44100 210.00 MANAGEMENT SOLUTIONS INC PROJ PLNG-H/R 10/25/2007 77809 LAWRY'S THE PRIME RIB EXCURSION-GETTY CENTER 2,340.00 0015350 45310 975.00 $975.00 10/25/2007 77610 001 23012 LEIGHTON & ASSOCIATES, INC. PROF.SVCS-EN 07-560 10/25/2007 23012 LEIGHTON & ASSOCIATES, INC. PROF.SVCS-EN 07-567 10/25/2007 23012 LEIGHTON & ASSOCIATES, INC. ADMIN FEE -EN 07-560 10/25/2007 34650 LEIGHTON & ASSOCIATES, INC. ADMIN FEE -EN 07-560 10/25/2007 23012 LEIGHTON & ASSOCIATES, INC. ADMIN FEE -EN 07-567 10/25/2007 34650 LEIGHTON & ASSOCIATES, INC. ADMIN FEE -EN 07-567 001 23012 1,236.00 $1,486.00 001 23012 250.00 $200.00 001 23012 222,48 001 34650 -222.48 LIANA PINCHER 001 23012 45.00 SIGNS&STRIPING MAINT-SEPT 001 34650 45.00 10/25/2007 77811 IJOEL LEYVA PK REFUND -DBC 001 23002 200.00 $200.00 0015554 RIGHT-OF-WAY MAINT-SEPT 10/25/2007 MCE CORPORATION 10/25/2007 77812 LIANA PINCHER IT & T COMM -10/11 0015510 SIGNS&STRIPING MAINT-SEPT $45.00 44100 145.00 10/25/2007 77813 SHERI LIEBE CONTRACT CLASS -FALL $372.00 0015350 45320 372.00 10/25/2007 77814 JIMMY LIN IT & T COMM -10/11 $45.00 0015510 44100 45.00 10/25/2007 007 10/2512J�;=2,597.2( 77815 LOS ANGELES COUNTY MTA LOS ANGELES COUNTY MTA CITY SUBSIDY -OCT 07 MTA PASSES -OCT 07 11-2555-'- 1125553 $3,584.00 10/25/2007 77816 LOS ANGELES COUNTY PUBLIC WORKS SUMP PUMP MAINT-AUG 07 $6,915.89 1 0015340 42210 6,915.89 10/25/2007 77817 MANAGEMENT SOLUTIONS INC PROJ PLNG-H/R $2,340.00 0014060 1 44000 2,340.00 10/25/2007 77818 MCE CORP Page 22 0015554 45504 ORATION $56,955.66 SIDEWALK MAINT-SEPT 07 10/25/2007 4,189.13 MCE CORPORATION 0015554 RIGHT-OF-WAY MAINT-SEPT 10/25/2007 MCE CORPORATION 45506 ROAD MAINT-SEPT 07 10/25/2007 MCE CORPORATION SIGNS&STRIPING MAINT-SEPT Page 22 0015554 45504 13,442.36 $56,955.66 0015554 45522 4,189.13 0015554 45502 21,509.17 0015554 45506 17,825.00 Page 23 City of Diamond Bar - Check Register 10/11/07 thru 10/31/07 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 10/25/2007 77819 MITY LITE INC SUPPLIES-DBC 0015333 46410 309.32 $309.32 10/25/2007 77820 IKENNETH MOK T & T COMM-10/11 0015510 44100 45.00 $45.00 10/25/2007 77821 NATIONAL ARBOR DAY FOUNDATION IMEMBERSHIP DUES-TARAZON 0015350 42315 15.00 $15.00 10/25/2007 77822 INEWHALL ICE COMPANY SNOW-WINTER SNOW FEST 0015350 45300 9,850.75 $9,850.75 10/25/2007 77823 NORRIS REPKE INC SLURRY SEAL-AREA 4 10/25/2007 NORRIS REPKE INC 2505510 46411 960.00 $8,022.50 10/25/2007 NORRIS REPKE INC PROF.SVCS-PLAN CHECK 0015510 R45221 3,650.00 SLURRY SEAL-AREA 3 2505510 R46411 3,412.50 10/25/2007 77824 ORANGE COAST FENCING CONTRACT CLASS-FALL 0015350 45320 30.00 $30.00 10/25/2007 77825 JENNIFER ORANTES RECREATION REFUND 001 34780 115.00 $115.00 10/25/2007 77826 RICHARD PARKHOUSE JPK REFUND-DBC 001 23002 1 600.00 $600.00 10/25/2007 77827 IREINBERGER PRINTWERKS PRINT SVCS-DBC 0015333 42110 3,558.18 $3,558.18 10/25/2007 77828 RJM DESIGN GROUP INC IPARK IMPROVEMNT-PANTERA 2505310 46415 10,650.00 $10,650.00 10/25/2007 77829 IRONALD M EVERETT REIMB-LEAGUE CONF 0014010 42330 558.07 $558.07 10/25/2007 77830 CARMELA SALAZAR PK REFUND-PANTERA 1 001 23002 inn 10/25/2007 77831 jbAZ5AKI TRANSPORTATION SVCS. TRFFC ENG SVCS-AUG/SEPT 0015510 1 R44000 27,493.00 $27,493.00 10/25/2007 77832 JSGV COUNCIL OF GOVERNMENTS TAC MTG-LIU/YEE 0015510 42325 40.00 $40.00 10/25/2007 77833 SHARP SEATING EXCURSION-ROSE PARADE 0015350 45310 2,341.25 $2,341.25 10/25/2007 77834 TISA SHAVERS PK REFUND-HERITAGE 001 23002 1 200.00 $200.00 10/25/2007 1 77835 IMICHAEL SHAY T & T COMM-10/11 0015510 1 44100 45.00 $45.00 10/25/2007 77836 CARMELA SIRA PK REFUND DBC C01 36615 1 400.001 $400.00 Page 23 City of Diamond Bar - Check Register 10/11/07 thru 10/31/07 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 10/25/2007 ! 77837 (SMART & FINAL 77849 10/25/2007 77838 SOUTHERN CALIFORNIA EDISON 10/25/2007 10/25/2007 10/25/2007 10/25/2007 77839 STANDARD INSURNCE OF OREGON STANDARD INSURNCE OF OREGON STANDARD INSURNCE OF OREGON 10/25/2007 77850 JTRIFYTT SPORTS 10/25/2007 77840 ISTATE BOARD OF EQUALIZATION 77851 10/25/2007 77841 JELIZABETH TAGLE 10/25/2007 10/25/2007 77842 CHRISTOPHER TANABE VALLEY CREST LANDSCAPE MAINT INC 10/25/2007 77843 ITANDEM PRIVATE SECURITY 10/25/2007 1 77844 ITELEPACIFIC COMMUNICATIONS 10/25/2007 10/25/2007 10/25/2007 77845 THE GAS COMPANY THE GAS COMPANY 0015340 0015333 10/25/2007 77846 THOMPSON PUBLISHING GROUP 10/25/2007 77847 ITIME WARNER 10/25/2007 77849 DATA SYSTEMS SERVICES 10/25/2007 I (TRAFFIC TRAFFIC DATA SYSTEMS SERVICES 1,225.60 165.3 F6 1,458.93 10/25/2007 77850 JTRIFYTT SPORTS 10/25/2007 77851 VALLEY CREST LANDSCAPE MAINT INC 10/25/2007 001 23002 350.00 $350.00 VALLEY CREST LANDSCAPE MAINT INC 10/25/2007 VALLEY CREST LANDSCAPE MAINT INC 10/25/2007 0014070 44030 533.24 $533.24 VALLEY CREST LANDSCAPE MAINT INC 1SUPPLIES-SR BINGO ELECT SVCS -DIST 38 NOV 07 -LIFE INS PREMS NOV 07-SUPP LIFE INS NOV 07-STD/LTD JUL-SEPT 07 -SALES TAX PK REFUND -DBC PK REFUND -HERITAGE SECURITY SVCS -COMM SVCS Ti INTERNET SVCS -OCT GAS SVCS -HERITAGE PK GAS SVCS -DBC PUBLICATION -RENEWAL MODEM SVCS -COUNCIL -OPIER MAINT-DBC VTMP PROJ-SPEED COUNTS VTMP PROJ-SPEED COUNTS RACT CLASS -FALL TAINT -PARKS MAINT-PARKS MAINT-PARKS MAINT-PARKS Page 24 0015350 I 41200 I 232.041 $232.04 R46412 1385538 42126 15.52 $15.52 $3,485.00 001 001 001 21106 21106 21112 1,225.60 165.3 F6 1,458.93 $2,849,89 0015340 42210 001 1 36650 274.00 $274.00 001 23002 350.00 $350.00 42210 001 23002 200.00 $200.00 0015350 45300 136.00 $136.00 0014070 44030 533.24 $533.24 0015340 0015333 42126 42126 83.09 436.44 $519.53 0014030 42320 528.50 $528.50 0014010 42130 44.95 $44.95 0015333 42200 61.391$61.39 2505510 R46412 2,610.00 $3,485.00 2505510 46412 875.00 0015350 1 45320 1 363.00 $363.00 0015340 42210 370.66 $4,598.19 0015340 42210 295.00 0015340 42210 365.73 0015340 42210 975.00 City of Diamond Bar - Check Register 10/11/07 thru 10/31/07 Check Date Check Number Vendor Name Transaction Description Fund/ Dept I Acct # Amount I Total Check Amount 0015340 42210 DATA STORAGE SVCS-NOV $4,598.19.. 10/25/2007 77851... VALLEY CREST LANDSCAPE MAINT INC ADDL MAIN ARKS 10125/2007 42210 VALLEY CREST LANDSCAPE MAINT INC ADDL MAINT-PARKS 10/25/2007 42210 VALLEY CREST LANDSCAPE MAINT INC ADDL MAINT-PARKS 10/25/2007 42210 VALLEY CREST LANDSCAPE MAINT INC ADDL MAINT-PARKS 10/25/2007 42210 VALLEY CREST LANDSCAPE MAINT INC ADDL MAINT-PARKS 10/25/2007 VALLEY CREST LANDSCAPE MAINT INC ADDL MAINT-PARKS 0015340 42210 DATA STORAGE SVCS-NOV $4,598.19.. 0015340 42210 TRFFC SIGNAL-G/SPRINGS 0015340 42210 45000 250.00 $250.00 0015340 42210 T225.81 TRFFC SIGNAL -RACQUET CLUB 0015340 42210 WARREN SIECKE TRAFFIC ENG SVCS -SEPT 07 0015340 42210 WATERING SVCS -SEPT 07 10/25/2007 77852 VANGUARD VAULTS LA INC DATA STORAGE SVCS-NOV 0014070 10/25/2007 44520 R46412 R46412 R46412 R45222 WARREN SIECKE TRFFC SIGNAL-G/SPRINGS 10/25/2007 77855 45000 250.00 $250.00 10/25/2007 77853 VERIZON CALIFORNIA TRFFC SIGNAL -RACQUET CLUB PH.SVCS-DBC10/25/2007 WARREN SIECKE TRAFFIC ENG SVCS -SEPT 07 10/25/2007 VERIZON CALIFORNIA WATERING SVCS -SEPT 07 PH.SVCS-HERITAGE PK 001533T 25 68.99 $337.45 10/25/2007 VERIZON CALIFORNIA PH.SVCS-PANTERA PK 00153425 89.50 10/25/2007 VERIZON CALIFORNIA PH.SVCS-SYC CYN 00153425 89,48 PK 00153425 RQ AR 10/25/2007 I 77854 VISION INTERNET PROVIDERS INC MONTHLY HOSTING OCT 10/25/2007 44520 R46412 R46412 R46412 R45222 WARREN SIECKE TRFFC SIGNAL-G/SPRINGS 10/25/2007 77855 W.W. GRAINGER INC. MAINT-LORBEER SCHOOL 10/25/2007 77856 WARREN SIECKE TRAFFIC ENG SVCS -SEPT 07 10/25/2007 44520 R46412 R46412 R46412 R45222 WARREN SIECKE TRFFC SIGNAL-G/SPRINGS 10/25/2007 0015333 41200 38,69Ey WARREN SIECKE TRFFC SIGNAL-B/CANYON 10/25/2007 5,145.7F 975.00015558 5,233.70015558 325.00015558 8,830.20015558 650.0 WARREN SIECKE TRFFC SIGNAL -RACQUET CLUB 10/25/2007 WARREN SIECKE TRAFFIC ENG SVCS -SEPT 07 10/25/2007 77857 E SANITARY SUPPLY SUPPLIES -DBC 10/25/2007 77858 WEST COAST ARBORISTS INC TREE MAINT-AUG 07 10/25/2007 44520 R46412 R46412 R46412 R45222 WEST COAST ARBORISTS INC WATERING SVCS -AUG 07 10/25/2007 0015333 41200 38,69Ey WEST COAST ARBORISTS INC TREE MAINT-SEPT 07 10/25/2007 5,145.7F 975.00015558 5,233.70015558 325.00015558 8,830.20015558 650.0 WEST COAST ARBORISTS INC WATERING SVCS -SEPT 07 10/25/2007 WEST COAST ARBORISTS INC TREE MAINT-SEPT 07 10/25/2007 WEST COAST ARBORISTS INC WATERING SVCS -SEPT 07 0014070 I 44030 I 150.00 $150.00 0015340 42210 947.08 $947 08 0015554 2505510 2505510 2505510 0015551 44520 R46412 R46412 R46412 R45222 235.75 2,762.33 2,762.33 2,762.34 1,346.75 $9,869.50 0015333 41200 38,69Ey 0015558 0015558 45509 45510 45509 45510 45509 45510 5,145.7F 975.00015558 5,233.70015558 325.00015558 8,830.20015558 650.0 1,159.75 10/25/2007 77859 AMANDA WONG PK REFUND-REAGAN 001 23002 50.00 $50.00 10/25/2007 77860 PAUL WRIGHT A/V SVCS P/C CNCL MTG 0014090 44000 280 00 $280.00 Page 25 of Diamond CITY COUNCIL V TO: Honorable Mayor and Members of the City Council VIA: James DeStefano,, City Man TITLE: Treasurer's Statement — Septemb r 2007 RECOMMENDATION: Approve the September 2007, Preliminary Treasurer's Statement. FINANCIAL IMPACT: No Fiscal Impact BACKGROUND: Agenda # 6.6 Meeting Date: Nov 6, 2007 AGENDA REPORT Per City policy, the Finance Department presents the monthly Treasurer's Statement for the City Council's review and approval. This statement shows the preliminary August cash balances for the various funds, with a breakdown of bank account balances, investment account balances, and the effective yield earned from invesilments. This statement also includes a separate investment portfolio report which details the activities of the City's investments. All investments have been made in accordance with the City's Invest ent Policy. Since there are still adjustments being made to the cash balances between the various funds for the Fiscal 06-07 year endo the statement being presented has been termed preliminary. Once the year end numbers have been finalized revised June, July August and September treasurer's statement will be represented to the City CoOncil for approval. s PREPARED BY: Linda G. Magnuson, Finance Director Depa m nt Head Assistant City Manager Attachments: Treasurer's Statement, Investment Portfolio Report CITY OF DIAMOND BAR TREASURER'S MONTHLY CASH STATEMENT September 30, 2007 (Preliminary) BEGINNING BALANCE . RECEIPTS. — TRANSFERS DISBURSEMENTS.. IN OUT ENDING BALANCE GENERAL FUND LIBRARY SERVICES FUND $31,705,407,93 783,363.74 0.00 $1,851,148.24 ($59,427.08) $30,578,196.35 COMMUNITY ORG SUPPORT FD 3,335.320.00 GAS TAX FUND 241,258.93 89,893.44 650.00 2,685.32 TRANSIT TX (PROP A) FD 928,458.78 147,655.04 65,487.82 331,152.37 TRANSIT TX (PROP C) FD 1,659,163.03 1,010,626.00 ISTEA Fund 0.00 1,659,163.03 INTEGRATED WASTE MGT FD TRAFFIC IMPROVEMENT FUND 369,727.88 5,491.60 39,177.93 0.00 336,041.55 383,329.74 AB2928-TR CONGESTION RELIEF FD 442,069.23 383,329.74 AIR QUALITY IMPRVMNT FD 93 779,67 28'238.76 442,069.23 TRAILS & BIKEWAYS FD (26,825.00) 65,540.91 PARK FEES FD 266,093.72 (26,825.00) PROP A -SAFE PARKS ACT FUND (2,016.41) 1,062,895.20 266,093.72 PARK & FACILITIES DEVEL. FD 1,514,521.47 1,060,878.79 COM DEV BLOCK GRANT FD (65,298.07) 61,210.00 7,579.86 1,514,521.47 CITIZENS OPT -PUBLIC SAFETY FD 113,173.98 (11,667.93) NARCOTICS ASSET SEIZURE FD 338,506.48 86.09 113,087.89 CA LAW ENFORCEMENT EQUIP PRGI 77,455.86 338,506.48 LANDSCAPE DIST #38 FD (18,858.22) 17,747.46 77,455.86 LANDSCAPE DIST #39 FD 27,617.08 6,827.51 (36,605.68) LANDSCAPE DIST #41 FD 59,193.91 7,735.59 20,789.57 GRAND AV CONST FUND 0.00 51,458.32 CAP IMPROVEMENT PRJ FD (2,654,458.48) 532,043.29 0.00 SELF INSURANCE FUND 1,300,902.44 (3,186,501.77) EQUIPMENT REPLACEMENT FUND 195,834.72 1,300,902.44 COMPUTER REPLACEMENT FUND 196,029.77 195,834.72 PUBLIC FINANCING AUTHORITY FUN 114,486.86 254.47 TOTALS 46,179.24 59,427.08 127,989.17 37,262,890.62 $2—.150,763.49 �9 am ons �c �u uu 36 810 752 32 SUMMARY OF CASH: DEMAND DEPOSITS: GENERAL ACCOUNT ($283,585.52) PAYROLL ACCOUNT 44,873.44 CHANGE FUND 250.00 PETTY CASH ACCOUNT 1,000.00 TOTAL DEMAND DEPOSITS ($237,462.08) INVESTMENTS: US TREASURY Money Market Acct. $2,074,892.61 LOCAL AGENCY INVESTMENT FD 26,845,332.62 FED! HOME LOAN BANK NOTES 81000,000.00 CASH WITH FISCAL AGENT: US TREASURY Money Market Account 127,989.17 TOTAL INVESTMENTS $37,048,214.40 TOTAL CASH $36 810,762.32 Note: The City of Diamond Bar is invested in the State Treasurer's Local Agency Investment Fund. The are available for withdrawal within account's funds 24 hours. In addition, the City has started investing These investments are detailed on the attached Investment in longer term investments. Report. All investments are placed in accordance with the City of Diamond Bar's Investment Policy. Thabove summary provides sufficient cash flow liquidity to meet the next six month's esti dditures. James DeStefan ,Treasurer CITY OF DIAMOND BAR INVESTMENT PORTFOLIO REPORT for the Month of September 2007 Institution Investment Type Rating Purchase Date Maturity Amount Current Par/ Fair Market Curr Inte estth Date Term At Cost Original Par Value * Received Rate State of California Local Agency Inv Fund AAA Wells Fargo Bank US Treasury Money Market AAA 26,845,332.62 26,833,118.58 5.231% Union Bank -(Fiscal Agent) US Treasury Money Market AAA $2,074,892.61 2,074,892.61 1,978.57 4.534% Wells Fargo Inst Securities Federal Home Loan Note AAA 09/28/05 09/28/07 127,989.17 127,989.17 254.47 5.010% Wells Fargo Inst Securities Farm Credit Note AAA 09/27/05 2.0 Yrs 1,000,000 1,000,000 matured 21,750.00 4.350% Wells Fargo Inst Securities Federal Home Loan Note AAA 03/27/08 2.5 Yrs 1,000,000 1,000,000 998,130.00 22,700.00 4.540% Wells Fargo Inst Securities Fannie Mae Note AAA 06/04/07 12/04/08 1.5 Yrs 1,000,000 1,000,000 1,001,250.00 5.350% Wells Fargo Inst Federal 1lemeLoan Note - AAA 01/12/07 01/12/09 -02/02/09 2.0 Yrs 1,000,000 1,000,000 _____1000 sin nn __ 375 Wells Fargo Inst Securities Federal Home Loan Note AAA 02708107 2.0 Yrs 1,000,000 1,000,000 1,000,000.00 5.300% Wells Fargo Inst Securities Federal Home Loan Note AAA 11/07/06 05/07/09 2.5 Yrs 1,000,000 1,000,000 1,000,940.00 5.460% Wells Fargo Inst Securities Federal Home Loan Note 12/29/06 06/29/09 2.5 Yrs 1,000,000 1,000,000 1,001,880.00 5.300% Wells Fargo Inst Securities Federal Home Loan Note AAA AAA 11/14/06 08/14/09 2.75 Yrs 1,000,000 1,000,000 1,000,310.00 5.510% 04/21/07 12/21/09 2.5 Yrs 1,000,000 1,000,000 1,000,000.00 - 5.300% Totals for month Less Investments matured during the month $ 38,048,214.40 $ 37,038,820.36 $ 46,683.04 (1,000,000.00) Total Investments: $ 37,048,214.40 2006-07 Actual Interest Income $1,792,094.62 2007-08 Budgeted Interest Income $1,089,000.00 Actual Year -To -Date Interest Income $58,784.54 Percent of Interest Received to Budget 5.398% ' Source of Fair Market Value: Wells Fargo Institutional Securities, LLC CITY COUNCIL Agenda # 6 . 7 Meeting Date: November 6, 2007 AGENDA REPORT TO: Honorable Mayor and Members of the City Council FROM: James DeStefano, (City Man g TITLE: Adjourn January 1,; 2008 City Cou it Meeting to January 15, 2008 RECOMMENDATION: Approve, FISCAL IMPACT: None BACKGROUND: The first ar d third Tuesdays of the month are designated for the City Council to conduct their business meetings. January 1, 2008 falls on the first Tuesday of the month and City offices will be closed in observa ce of the holiday. It is therefore recommended tht at the conclusion of the December 18, 2007 meeting, the City Council adjourn the meeting to anuary 15, 2008. Prepared by: A Tommye ribbins, City Clerk David Doyle, Asst. y anag r Agenda # 6.8 Meeting Date: November 6,2007 CITY COUNCIL`MAP AGENDA REPORT TO: Honorable Mayor �nd Members of the City Council VIA: James DeStefano, City Mana er TITLE: One Year Renews of Letter of Credit or City of Diamond Bar Public Financing Authority Variable Rate Lea a Revenue Bonds, 2002 Series A RECOMMENDATION: Approve BACKGROUND/DISCUSSION: In 2002, the City's Public Financing Authority issued variable rate lease revenue bonds in the amount of $13,755,000. Since these bonds are variable rate bonds, there is a requirement to have a letter of credit to guarantee payment oft the bonds. Union Bank of California (UBOC) issued the Letter of Credit (LOC) for a five year term when the bonds were originally issued. The current LOC expires on December 18, 2007 and as a result it needs to be renewed. Since interest rates have been o debt issue. After the analysis is scheduled. In the meantime, the UBOC is ready to renew the LO( renewed for one year. This will a Another change in the terms of 1 advance on a quarterly basis rai paid in advance and once paid t payment to a quarterly basis, if t the City could lose would be the the rise, staff is researching various options for the future of this omplete, a study session to discuss the available options will be LOC which expires on December 18, 2007 must remain in place. for another five years however the City has requested that it be ow time for the options to be properly analyzed. LOC is that payment of fees related to the LOC will be paid in �r than annually. According to the terms of the LOC the fees are y are deemed earned and are not refundable. By changing the fee City chooses to refinance the debt and cancel the LOC, the most es for one quarter. FINANCIAL IMPACT: The cost of the Letter of Credit hais been renegotiated with the bank and will be lowered from 0.70% to 0.50%. The new annual cost is anticipated to be approximately $70,000 which is a savings of $26,110 annually. To make theso changes to the LOC an amendment is necessary at a cost not to exceed $4,000. The cost of the LIOC fees has been included in the FY07-08 Budget. CITY COUNCIL TO: Honorable Mayc VIA: James DeStefa TITLE: First Reading c Municipal Code the California B RECOMMENDATION: Agenda # Meeting Date: November 6, 2007 AGENDA REPORT and Membja the City Council o, City Ma f Ordinance No. X (200 ) amending Title 15 of the Diamond Bar and Adopt Resolution No. 2007 -XX determining that modifications to ilding, Plumbing, and Electrical Codes are reasonably necessary. Introduce first reading by title only and waive full reading of Ordinance No. X (2007), set second reading for November 20, 200 , and adopt Resolution No. 2007 -XX. FISCAL IMPACT: ILI=0 BACKGROUND: City Council adopted the 200' 2002. Typically, every three Codes regulations and adopts Code Council (ICC). Howevei due to reconciling the chang standard. Throughout United and development standards. automatically be adopted by c ICC codes as California Build Therefore, local cities have un allows local cities to amend tf and topographical conditions c Codes. California Building Codes to meet the state mandates in September years the State of California (State) reviews various Model Building the most current California Building Codes printed by the International the State has delayed adopting new codes for several years primarily from the old ICBO standard to the new nationally recognized ICC States, the ICC codes are being adopted in order to unify the building -ocal cities are required to adopt these codes by ordinance or they will aeration of law. In July of this year, the State finally adopted the 2007 ng Codes, which requires local cities, by law, 180 days to follow suit. it January 2008 to implement the 2007 State Codes. Further, the State e California Building Codes to meet the unique climatic, geographical, f the City. Provisions specific to Diamond Bar have been added to the PROPOSED CALIFORNIA BOILDING CODES AND DIAMOND BAR CHANGES: The codes adopted by the State are "California Building Code", 2007 Edition, Volumes 1 and 2, including all appendices thereto, the "California Mechanical Code", 2007 Edition and the appendices thereto, the "California Plumbing Code", 2007 Edition and the appendices thereto, the "California Electrical Code", 2007 Edition and the appendices thereto. The proposed ordinance amends Title 15 of the Diamond Bar Municipal Code incorporating the new California Building Codes. Attached is the marked up version of the proposed ordinance showing the changes with strikeout and underlined. A clean version of the proposed rdinance is attached for Council action. Also, staff has provided a resolution making express find ngs and determinations that modifications to the California Building Code, California Plumbing Code, and California Electrical Code are reasonably necessary because of local climatic, geological or topographical conditions. The most significant technical changes are summarized below: • Reintroduces the Unifo m Housing Code, 1997 Edition - establish minimum requirements for housing standards, thuc, enhancing the quality of life in the City. It gives the City authority to address the maintenance of residential housing as relates to required exiting, minimum light and ventilation, sanitation facilities, electrical wiring, and weather protection, and abatement of substandard housing. Highlighted within this ordinance is the addition to the plumbing code, which requires all new structures, to be equipped with an additional main for future use of reclaimed water for lanc scape irrigation systems." • Section 105.2.5 — delet "Permits not required for fences not over 6 feet high" of the Uniform Administrative code. Tie deletion of this provision would require the construction of a fence, non -retaining, to require a building permit and be inspected. The change is necessary due to many wall failures, strong winds, storms, seismic events and expansive soil conditions. • Section 105.2.5.1 - amend to require permits for pools, spas and/or ponds and structures alike that are in excess of a 2 -inch water depth. • Section 104.6 - amend to give the Building Official "Right of Entry" when in possession of a warrant. • Section 112 - establish the City Council as a Board of Appeals in making a final determination of any appeal filed agai ist the Building Official's code interpretations or alternate materials. • Section 105.1.1. - amend to further define storage sheds, tool sheds, and similar accessory buildings. After reviewing the code enforcement files, it has come to our attention that the so- called tool sheds anc playhouses are frequently equipped with elaborate electrical and plumbing systems, wh ch may be used for housing people. This amendment will require a permit for such a stru ture, which will give Building Official assurance that the storage shed does not become a livi g unit. • Section 105.5 - amend to reduce the demolition permit duration from 180 days to 45 days. This amendment will a low the Building staff to review the building sites more frequently, thus expediting the demolit on phase of projects and reducing the possible eyesores related to demolition projects. • Section 1805.10 - estE blish minimum design criteria for all foundation work in expansive soil conditions. Throughout the City of Diamond Bar expansive soil (adobe) exists, which mandates a soils report for any foundation work. By adopting this amendment, the costly soils report can be omitted f om the typical room addition plans. • Section 1505.1.1 - am nd to require a Class "C" roof material for all new buildings and existing buildings throughout tl e City of Diamond Bar when twenty-five percent (25%) or more of the roofed area is re -roofed within a one year period. The class "C" rated roof is effective against 2 light fires and may materials. Appendix J - transfer t items dealing with exca due to the complexity o' of Diamond Bar. Dealir that is accustomed in need. Proposed minor chang various construction SL of concealment of the c st of wood shakes, which have been treated with fire retardant e power and duties usually exercised by the Building Official on all ,ation and grading to the City Engineer. This amendment is proposed the submitted grading plans, due to the diverse topography in the City with this type of challenge requires the expertise of a civil engineer addressing these projects, and this amendment would address this to the Electrical code specifying the types of cable to be used for the h as single family, commercial or office, the placement and the depth ble. The adoption of the Califor is Building Code 2007 edition will aid the Building Official in administrative, organizational and enforcement rules and regulations for the technical codes which regulate the site preparation and construction, alteration, moving, demolition, repair, use and occupancy of buildings, structu es and building service equipment within the City. COMMENTS FROM OTHER AGENCY AND ORGANIZATION: A response from the Buildin Industry Association (B.I.A.) was received, informing the Building Department that the proposed amendments to the Uniform Model Codes were minor in nature and would not have an impact on e building industry. The Fire Department has received and reviewed the proposed California Building Code amendments and has determined that the amendments will not negatively impact the Fire Codes. NOTICE OF PUBLIC HEARI Pursuant to the governmentode, a pubic hearing notice was published in the Inland Valley Daily Bulletin and the San Gabriel V Iley Tribune 14 days prior to the adoption of the ordinance. Prepared By Dennis Tarango, Chief Buildin Official Attachments: 1. Marked up version of Draft lOrdinance 2. Draft Ordinance No. X (20 3. Draft Resolution No. 2007-7X 3 Reviewed By Dave Doyle, Assistant City Manager A. ORDINANCE NO. 49- (20072) AN ORDINANCE OF THE CITY OF DIAMOND BAR AMENDINC TITLE 15 OF THE DIAMOND BAR CODE ADOPTING BY REFERENCE, THE "UNIFORIN4 " THE "CALIFORNIA BUILDING CODE", 20071 EDITION, VOLUMES 1 AND 2, INCLUDING ALL APPENDICES THERETO, APPENDIX CHAPTER 1 OF THE 2007 CALIFORNI A BUILDING CODE AS THE ADMINISTRATION CODE THE "CALIFORNIA CODE", 200-17 EDITION AND THE MECHANICAL APPENDICES THERETO, THE "CALIFORNIA PLUMBING CODE", 200"4: EDITION AND THE APPENDICES THERETO, THE "CALIFORNIA ELECTRICAL CODE", 20074 EDITION AND THE APPENDICES THERETO, "THE UNIFORM HOUSING ODE.", 1997 EDITION AND THE APPENDICES THERETO AND THE "UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE", 2000 EDITION, TOGETHER WITH CERTAIN ENDMENTS, ADDITIONS, DELETIONS AND EXCEPTIONS INCLUDING FEES AND PENALTIES. Recitals. (i) Section 17 22 of the California Health & Safety Code mandates the adoption, by reference, of the international Code Councils (ICC) codes. (ii) At least or e copy of each of the codes and standards identified in this Ordinance and certified as full, ti ue and correct copies thereof by the City Clerk of the City of Diamond Bar have been filed ir the office of the City Clerk of the City of Diamond Bar in accordance with the provisions o California Government Code § 50022.6. (iii) All legal B. Ordinance. NOW, THE find, determine and c uisites to the adoption of this Ordinance have occurred. RE, the City Council of the City of Diamond Bar does hereby as follows: 1 Section 12: "Division 2 of words and figures, as DIVISION 2. Appendix Cha CODE "Sections: "15.00.110 trite "15.00.120 Amen Sectic Sectic Sectic Sectic Sectic Sectic S S W 15.00 of the Diamond Bar City Code is amendedii-,," to read, in -Administration-ve Code - Adopted rents 104.1 - Amended. 104.6 - Amended. 104.8 - Deleted. 105.1 - Amended. 105. 1.1 - Amended. 105.1.2 - Deleted. 105.2.5 - Amended. 105.2.9 - Amended. 105.3 - Amended. 105.3.2 - Amended. 105.5 - Amended. 105.8 - Added. 108.3 - Amended. 108.4 - Amended. 108.6 - Amended. 108.7 - Added 112 - Amended. 112.1 - Amended. 112.2 - Amended. 2 io34-0116 - Added io 340.1117 - Added io 310118 - Added "15.00.130 Penalties - Added "15.00.110 I IJni€e Administrationve Code -Adopted. "The Unif6 Administrationve Code", Appendix Chapter 1 of the 2007 California Building Code , nes hereby is adopted, in its entirety, except as hereinafter provided, as the Administrationve Code of the City of Diamond Bar pertaining to building and construction regulations within t e City, together with the amendments, additions, deletions and exceptions set forth i this Division. "15.00.120 1 Amendments Notwithstanding the provisions of Section 15.00.110, the �Administrationve Code is amended as llows: Section 104.11- Amended. "Section 104 of the Uniform ^ dfninistfa4ive GedeAdministration Code hereby is amended to read, in ords and figures, as follows: "Section 104. 1. General. The Building Official shall enforce the provisions of their Chapter and shall have the responsibility for making interpretations of the Uniform Codes, for deciding upon the approval of equipment and materials, and for granting the special permission contemplated in a number of code sections hereof. 3 104.6 - Amended. "Section 1044 of the Unifemi AdfaiHistfative tea. Administration Code hereby is amended to read, in ords and figures, as follows: "Section 104.6. Right of Entry. The Building Official, or his/her duly authorized representative, shall have the authority to enter any building or premises for the purpose of investigation of the existence of suspected or reported damage or defects which constitute an immediate danger to human life or an immediate hazard to public safety or health. Except in emergency situations the Building Official, or his/her authorized representative, shall not enter any building or premises without the consent of the owner or occupant thereof, unless he/she possesses a warrant authorizing entry and search of the premises. No person shall hinder or prevent the Building Official, or his/her authorized representative, while in the performance of the duties herein described as emergency situations or while in possession of a warrant, from enteri rig upon and into any and all premises under his/her jurisdiction, at all reasonable hours, for the purpose of inspecting the same to determine whether or not the provisions of the Chapter and all other applicable laws or ordinances pertaining to the Protection of persons or property are observed therein. Secti* 104.8 - Deleted.. "Section 104.9. of the U i f -- ^ a inistf"`'"" r'"'' Administration Code hereby is deleted, in its S 105.1. - Amended. "Section 105.1 of the Administration Code hereby is amended to read, in words and figures, as follows: "Section 105 1. Permits Required. Except as specified in Section 105.2 of this no buildin or structure regulated by this Code shall be erected, constructed, altered re aired moved improved, removed converted or demolished unless a permit for each building or structure has first been obtained from the Building All si ansa fixed to anv building or structure and not otherwise reauirina a hermit IE IL S "Section 10 fgures—as follows: 105.1.1. - Amended. i6n 105.1.2. - 105.2.5. - Amended. measured from or impoundinU flammable liquids. Section 105.2.9. - Amended. "Section 105 2.9. of the Administration Code hereby is amended to read in words and fimures, as follows: "Section 105 29. Prefabricated swimming pools, spas, or hot tubs accessory to Group R. Division J Occunancv in which the pool walls are embedded no more than 12 es not exceed 5 5 Section 105.3 - Amended. 105.3 of the Administration Code herebv is amended to read. in figures, as follows: "Section 105 3 Application. Application fora permit to perform the work shall be made in writing to the Building Official and shall fully describe said work. Plans engineering calculations diagrams, and other data including specifications and schedules may be required to determine whether the installation as described will be in conformance with the requirements of this Title. If it is found that the installation as described will conform to all legal e uirements and if the applicant has complied with the provisions of this Title, a permit for such installation shall be issued. No deviation mqy be made from the installation described in the permit and plan without the prior written approval of the Building Official. Section 105.3.2 - Amended. "Section 1053.2 of the Administration Code hereby is amended to read in words an, figures, as follows: "Section 105 3.2 Expiration of Plan Review. Applications for which no permit i issued within 180 da Ts following the date of submitted application shall expire by limitatior and plans and other c ata submitted for review may thereafter be returned to the applicant o destroyed by the Bui ding Official. The Building Official ma extend the time for action b the applicant fora pe iod not exceeding 180 days upon request by the applicant showing the circumstances be o d the control of the applicant have prevented action from being taker No application shall ie extended more than once. In order to renew action on an applicatiol after expiration, the IDDlicant shall resubmit plans and pay a new elan review fee. Secti n 105.5 - Amended "EXCEPTION: Demoli and void if the work authorized within 45 days ofth date such Building Official. Section 105.8 - Added. "Section 105 of the Administratio subsection 105.8 to read, in words and fi Inco -VI C •eby is amended by the addition of follows: re by limitation and shall become i t substantially commenced is otherwise specified by the is amended by the addition No person shall be issued a nermi ;nce of a valid California Contractor's License and Workers is presented to the BuildinE Official. "EXCEPTION: Owner -builder pennit mqy be issued forspecified occu anti accordance with Cal ifornia law. Section 108.3 - Amended. I figures, as follows: Sectibn 108.4 - Amended. "Section 1084 of the Administration Code hereby is amended to read in words and figures, as follows: "Section 108.4 Failure to obtain a permit and to pqy fees therefore before commencin work s call be deemed evidence of violation of the provisions of this Chapter. A penalty,as established by resolution of the Ci Council shall be assessed for work commenced before a permit is issued. Whenever any work for which a permit is required under the provisiom of this Chapter has been commenced without the authorization such permit, a special invsti ation may be required before a perynit will be issued for any such N ork. In addition to any re ug lar permit fee and/or any penalty fee, the said investigation fee Secti n 108.6 - Amended. "Section IOF " figures, as follows: " 108.6 Fee F be paid by this Cha provisions of this se from the date of the i in writing to the Bui refund schedule est, the permit. All requests for ref ial and shall be made in accorc resolution of the Citv Council Section 108.7 - Added "Section 108 7.is added to the follows: 7 stration to read. in words and to of the City Council. Sectibn 112 - Amended. "Section 112 of the Uf4,efffl n dffii ist -afive Administration Code hereby is amended to read, in xords and figures, as follows: "Section 112.1. Appeals. A decision of the Building Official regarding the interpretation or imp ementation of any provision ofthis Chapter or the Code adopted hereby shall be final and shall become effective forthwith upon the service of the decision by the Building Official, in writing, upon the permittee. For the purposes of this section, service upon the permittee hall mean either personal delivery or placement in the United States Mail, postage prepa'd, and addressed to the pennittee at his last known business address; provided, however, Mat the permittee may, within ten (10) days after the effective date of the decision of the Building Official, file an appeal with the City Clerk, in writing, specifying the reason or reasons for the appeal and requesting that the Board of Appeals review the decision of the Building Official. "Section 112 2. The City Council shall act as the Board of Appeals in making a final determination of an appeal filed in accordance with the provisions of Section 112 of this Code. The City Clerk shall schedule a hearing on the appeal at reasonable times at the convenience of the Board of Appeals, but not later thant thirty (30) days after receipt of the written appeal. The permittee may appear in person before the Board or be represented by an attorney and may introduce evidence to support his claim. The Building Official shall transmit to the Boar all records, papers, documents, and other materials in support of his decision and shall provide a copy thereof to the permittee appealing the decision of the Building Official. The pennittee appealing the decision of the Building Official shall cause, at his own expense any tests or research required by the Board to substantiate his claim to be performed or otherw se carried out. The Board may continue such appeal hearing from time to time as deemed necessary by the Board. The Board may, by resolution, affirm, reverse or modify in whole or n part, any appealed decision, determination, or interpretation of the Building Official. A copy of the resolution adopted by the Board shall be mailed to the permittee and the B ard's decision shall be final upon the mailing, by United States Mail, postage prepaid to t e permittee's last known address of record. n entirety Seeti o.n. 10!5. 1.2 -of the UnifoFm Administrative Code her-eby is deleted; I ncl -- 1nnl� -r.t_ r. --_r " I- 10 M "The determi ation of value or valuation under any of the provisions of this Chapter shall be made by the Building Official whose determination shall be final. The value is to be utilized in computing the permit and plan review fees established pursuant to this Chapter shall be the total va ue of all work for which the permit is issued including, by way of illustration and not b limitation, construction and finish work, painting, roofing, electrical, plumbing, heating, ir-conditioning, elevators, fire -extinguishing systems, and all other permanent equipme t. SVA: 5 -a:az:sa. 11 n 344-116 - Added "Section 34-9 116 is hereby i -s -added to Administration Code 0fty 'ef---3-**4'-w ition of a iiew se4t an -to read, in words and figures, as follows: "Section AM.11 16. Prohibited Uses of Building Sites. "116.1 lood Hazard. Buildings are not permitted in an area determined by the Ceity Eengineer to b subject to flood hazard by reason of inundation, overflow or erosion. "The placemt nt of the building and other structures (including walls and fences) on the building site shal be such that water or mud flow will not be a hazard to the building or adjacent property. "EXCEPTIO : This prohibition shall not apply when provision is made to eliminate such flood hazard to he satisfaction of the Ceity Eengineer by providing adequate drainage facilities, by protective walls, suitable fill, raising the floor level of the building, a combination of these methods, or by other means. "310 2.116.2 Geologic Hazards. "1-14116.2.1. No building or grading permit shall be issued under the provisions of this section when the Ceity Eengineer finds that property outside the site of the proposed work could be damaged by activation or acceleration of a geologically hazardous condition and such activation o acceleration could be attributed to the proposed work on, or, change in use of, the site for which the permit is requested. For the purpose of this section, 12 geologically hazardous condition does not include surface displacement due to earthquake faults. "34-9116.2.2. Work requiring a building or grading permit by this code is not permitted in an area determined by the eCity eEngineer to be subject to hazard from landslide, settlement or slippage. These hazards include those from loose debris, slope wash and the potential for mud flows from natural slopes or graded slopes. For the purposes of this section, landslid , settlement, or slippage does not include surface displacement due to earthquake faults. "3- 9116.2.3.1 Subject to the conditions of subsection -340116.2.1 of this section, permits may be issu d in the following cases: 13 `� :tea. When th applicant has submitted an engineering geology and/or geotechnical engineering report or reports complying with the policies and provisions ofeCity Eengineer which report or reports show that the hazard will be eliminated prior to the use or occupancy of the land or structures by modification of topography, reduction of subsurface water, buttressing, a combi ation of these methods, or by other means. b. When the applica t has submitted an engineering geology and/ geotechnical engineering report or reports complying with the policies and provisions of the Ceity eEngineer which report or reports contain sufficient data to show that the site appears to be in no danger for the intended use. Section 344117 - Added "Section -3-11 17 hereby is added to Administration Code -to read in words and figures, as follows: "Section 344117. Geology and Engineering Reports. The Building O ffi - the eCity _F,engineer in Tthe case of an application for a grading permit may require an engineering geology reports are essential geotechnical engine( building site for the 1 and a finding regard have on the geologi, geology report shall 1 California. Any ge qualified to perforn mechanics. When t required for the ev, coordinated before s regarding the safety ( construction will haN be substantiated witl industry standard of on the opinion of ind )r geotechnical engineering report, or both, where in his opinion such )r the evaluation of the safety of the site. The engineering geology or -ing report or both shall contain a finding regarding the safety of the oposed structure against hazard from landslide, settlement or slippage ig the effect that the proposed building or grading construction will stability of property outside of the building site. Any engineering prepared by a certified engineering geologist licensed by the State of technical engineering report shall be prepared by a civil engineer this work, such as a geotechnical engineer experienced in soil rth an engineering geology and geotechnical engineering report are uation of the safety of a building site, the two reports shall be .bmission to the Building nff l or eCity Eengineer. Any finding :the building site and the effect that the proposed building or grading on the geologic stability of property outside of the building site must sufficient data and analyzed in a manner consistent with the current ire and must be concurred with by the Ceity Eengincer who may rely pendent geotechnical reviewers. io 34-3-118 - Added "Section 34-2-118 hereby is added to Administration Code£"'�r I r to read, in words and figures, as follows: "Section 118 Earthquake r 4*,A4 Seismic Hazard Zone Maps. Special studies zones map within the City of Diamond Bar prepared under sections 1.4 Zb2Z� and 26232of the California Public Resources Code which show traces of earthquake faults are hereby declared to be, on the date of official issue, a part of this code, and may be referred elsewhere in this code. Special studies zones maps revised under the above sections of the California Public Resources Code shall, on the date oftheir official issue, supersede previously issued maps which they replace. Copies of each of th above maps shall be available for examination by the public at the Department of Public Works, Department of Community Development and the Office of the City Clerk. "15.00.130 Penalties for Violation of Division "It shall be unle provision, or to fail firm, partnership, or with their requirem thereof shall be pun imprisonment not e: such person, firm, p, each and every day c of this Division or tl person, firm, partni provided in this Div Section 42: 'Division 3 of Cl and figures, as fo "Sections: Ful for any person, firm, partnership, or corporation to violate any comply with any of the requirements, of this Division. Any person, irporation violating any provision of this Division or failing to comply is shall be deemed guilty of a misdemeanor and upon conviction ted by a fine not exceeding One "Thousand Dollars ($1,000.00) or by -eding six (6) months or by both such fine and imprisonment. Each nership, or corporation shall be deemed guilty of a separate offense for my portion thereof during which any violation of any of the provisions Codes adopted hereby is committed, continued or permitted by such hip, or corporation, and shall be deemed punishable therefor as 15.00 of the Diamond Bar City Code is amending to read, in words DIVISION 3. BUILDING CODE 15.00.310 California Building Code - Adopted "15.00.320 Code Amendments Chapter 1 - Deleted. Section 1805.10 --Added. Section 1505.1.1- --Amended. 15 Section 1505.8 - Table No. 1505.1 Section J 10 12 --Amended. ---Amended. --Amended Section J1032 --Amended Section J10-�3 -Amended Section J103.3 -Added Section J 103.4 -Added Section J1044-3 - AddedAmended Section J104-44.5 --Added Section J104-54.6 -Added Section J104.7 -Added Section J105 --Amended Section J1053 -Added Section JW -3-.1.1109 --Amended Section J 109.5 -Added Section 3309 J110 --Amended Section J110.3 -Added Section J 110.4 -Added S eelion 3309.P —Tended Section 3209 1OJ 112 - Added R Seetion-33 15 Amende Section 3- 1-51.6 -Added S eetio n 34-6 Seetion33.3 — Added Seetion 3316.4 - Added Tables 33 Aand �3 B (Appendix) Deleted, 15.00.330 Penalties - Added. "15.00.310 I California Building Code - Adopted. "Except as he einafter provided, the California Building Code, 20074 Edition (Part 2 of Title 24 of the California Code of Regulations), and the appendices thereto, which incorporates and am nds the International Building Code, 4-9-9720067 Edition, published by the International Code CouncilGenfe en ce of Building Cffie als, is hereby adopted by re erence and incorporated herein as though fully set forth herein and shall constitute the Building Code of the City. A copy of such Code has been deposited in the office of the City Clerk and shall be, at all times, maintained by the City Clerk for use and examination by the p blic. 16 "15.00.320 Code Amendments Notwithstanc ing the provisions of Section 15.00.320, the California Building Code is amended as follows: Chapter 1 -Deleted. "Chapter 1 o the California Building Code hereby is deleted, in its entirety. All administrative, permitting and related requirements of said Chapter 1 of the California Building Code shall e governed by Division 2 of this Chapter. Section 1805.10 - Added. "Section 180.10 is hereby added too€the California Building Code is hefeby added to read, in words an figures, as follows: "Section 180 soil shall be constri movement of the s expansive soils may other engineering d building official. l construction is not X requirements: " 1. Depth of than 24 inches for ex "2. Exterior foundation. 10. Foundations on Expansive Soil. Foundation systems on expansive ted in a manner that will minimize damage to the structure from 1. Slab -on -grad and mat -type footings for buildings located on designed in accordance with the provisions of Division III or such ign based upon geotechnical recommendation as approved by the r residential -type buildings, where such an approved method of ,vided, foundations and floor slabs shall comply with the following ations below the natural and finish grades shall be not less that and 18 inches for interior foundations. and interior bearing walls shall be supported on continuous "3. Foundati ns shall be reinforced with at least two continuous one -half-inch diameter deformed re nforcing bars. One bar shall be placed within four inches of the bottom of the foundation an one within four inches of the top of the foundation. "4. Concrete oor slabs on grade shall be cast on a four -inch fill of coarse aggregate or on a moisture barrier membrane. The slabs shall be at least three and one-half inches thick and shall be reinforce I with welded wire mesh or deformed reinforcing bars. Welded wire mesh shall have a cro s -sectional area of not less than five -hundredths square inch per foot each way. Reinforcin bars shall have a diameter of not less that t;three-eight inch and be spaced at intervals not exceeding 24 inches each way. 17 "5. The soil (below an interior concrete slab shall be saturated with moisture to a depth of 18 inches prior to casting the concrete. Section 1505.1.1 Amended "Section 150 1.1 of the California Building Code as heretofore adopted, hereby is amended to rad, in words and figures, as follows: "Roof Coveting Requirements. "Section 1505.1.1. The roof covering or roofing assembly on any structure regulated by this code shall as specifi in Table 1505.1 and as classified in Section 1504. Noncombustible roof covering as defined in Section 1504.2 may be applied in accordance with the manufacturer's requi ements in lieu of a fire -retardant roofing assembly. Roofing shall be secured or fastened t the supporting roof construction and shall provide weather protection for the building at the roof. "Roof Coverlings Within Fire Zones. "Unless govented by more stringent requirements of this law, roofs on all buildings within all areas desigOated as a very high Fire Hazard Zone 4 by the Los Angeles County Fire Protection District, a6d approved by the City Council, shall have at least a Class A roof covering. "1. Seet. Slection 1505. 1.1 is applicable to new buildings and to existing buildings when twenty-five pe#cent (25%) or more of the roof area is re -roofed within a one-year period after issuance of a building permit. "2. Section 105.1.1 is not applicable to existing buildings under the operation of a license or which o, finers have made applicable for licensure issued by the California Department of Socliall Services or the California Department of Health Service. "EXCEPTION: Existing buildings that have twenty-five percent (25%) or more of the roof area reroofec, within a one-year period after the issuance of the building permit or after commencing co6struction, are required to be fire retardant by other provisions of this code. "I -The installer of the roof covering shall provide certification of the roof covering classification to the b4ilding owner and, when requested, to the inspection authority having jurisdiction." Section 505.8 - Amended. "Section 1505;8 of the California Building Code, hereby is amended by the addition wo of subparagraph 1501$.8 to read, in words and figures, as follows: "1505.8 EXCEPTION: Except as required within Section 1505.1.1 of the California Building Code, as adopted by the City Council of the City of Diamond Bar, and notwithstanding any other provision of this Code, any existing roof covering not in conformity with thi j Section may be repaired by the use of similar non -conforming roof covering materialsere the repair thereof does not exceed twenty-five percent (25%) of the oss existing grroof a ea; provided, however, that the twenty-five percent (25%) exception provided hereunder ijnay be utilized only once in any twelve (12) month period time." No. 1505.1 - Amended. "Table No. 11505.1 - Minimum Roof Classes of the California Building Code, as heretofore adopted Oy this Council, hereby is amended by deleting therefrom any and all references to "NR 4 Nonrated roof coverings" and substituting therefor "C - Class C roofing." Section J101 - Amended "Section J] 01 of Appendix J of the 2007 California Building) Code hereby is amended by addinz subsectiod J101.3. J101.4 and J101.5 to read, in words and figures. as follows: 19 Secti�O "Section J1C n J101.3 - Added 1.3. Hazardous Conditions. Whenever the City Engineer determines that aqy existing excavation. embankment or fill has become a hazard to life and limb. or endangers property, tructu res, or adversely affects the safety, use or stability of a public way or drainavc channel, the owner of the property upon which the excavation. embankment or -fill is located. or other person ora rent in control of said Property. upon receipt of notice in writing from the City Engineer shall within the period specified therein re air reconstruct or remove such excava ion embankment or fill so as to eliminate the hazard. Secti�n "Section J101.4. - — -- J101.4 - Added Maintenance of Protective Devices and Rodent Control. The - - - -ec---_..._..T -onro.. - tv on whichrradina has been performed Pursuant to a permit issued - owner of apy prope under die provisions of this code or any other person or aggent in control of such property. shall maintain in Q od condition and repair all drainage structures and other protective devices and burrow n s rodent control when shown on the grading plans filed with the application for orad] g permit and approved as a condition precedent to issuance of such permit. Sectin "Section J101.5. J101.5 - Added .5. Correlation With Other Sections. The provisions of this section are independent oft the provisions of Division 9, Building and Property Rehabilitation Code of Title 15 of the Di4mond 1 Sectin "Section J10.1 amended by addition1to as follows: "BUILDING OFFICIAL. said term shall mean be vested in, the c -Ci "CIVIL ENGINEER Bar Citv Code. J102 -Amended (Appendix J) of the 2007 California Building Code hereby is and modification of definitions therein to read, in words and figures, Whenever in (Appendix J4 the term "building official" is used, and all powers and duties to be exercised by the building official shall y Eengineer of the City of Diamond Bar. shall mean a professional envineer registered in the State of California to practice in the fiel of civil works. shall mean the application of the knowledge of the forces of nature "CIVIL ENGMER1'NG ie-pjt�principlesiof mechanics and the properties of materials to the evaluation. design and construction of evil engineering works 20 "ENGINEERING GEOLOGIST shall mean a person experienced and knowledgeable in engineering geologyjand holding a valid certificate of registration as a geologist issued by the State of California. "LANDSCAPE AR(HITECT shall mean a person holding a valid certificate of registration as a landscape archi�ect issued by the State of California. SLOPE shall meanlan inc I'Ined crennd airfare, fl,e inrIin�tirn" r"Fxvb;ot, "SOILS ENGINEE� (GEOTECHNICAL ENGINEER) shall mean a civil engineer experienced andkn wledgeable in the practice of soils (geotechnical) engineering and holding a valid cern Cate of registration as a soil (geotechnical) engineer issued by the State of California. Section J103 - Amended I "Section J10 .l of Appendix J of the 2007 California Building7 Code hereby is amended to read. in 6rds and fi_-ures, as follows: "Section J103.1. Permits Required. Except as exempted in Section 1103 of AppendixJ,noperson shall do any grading without first obtaining a grading permit from the City Engineer. A s arate permit shall be required for each site and may cover both excavations and fill i. exce t that a grading permitmay be issued for a site to include incidental minor woi k outside the site on contiguous property. providcd that the owner of such eontiguous p ro erty has filed with the Cit Engineer written consent to the work. Such consent shall include a statement that the owner will irrigate and maintain planted slopes and maintain drains located within his propertv and the owner will hold the City of Diamond Bar free and clear of any liability for datna ges to the proposed work. J103.3 - Added Section "Section J10 hereby is amended by adding subsections J103.3, J103.3a4 and J103.3b-5 of (Appeldix J) of the 200.7 California Building Code to read, in words and figures, as follows: "Section J10.3 i Other Permits Required and Jurisdiction of Other Agencies. "Section J10 3.a4 Other Permits Required. Permits issued under provisions of (Appendix J) convey Iko right to erect any foundation, structure or building, or construct any swimming pool, spa dr hot tub, or do any plumbing work, or do any electrical work. Regular foundation, structure for building; swimming pool, spa or hot tub; plumbing; electrical or other permits shall be secured for all such work. 21 "Section J1 3.3.ba Jurisdiction of Other Agencies. Permits issued under provisions of- �of {A pendix J3 shall not relieve the owner of the responsibility for securing permits, licenses or, pprovals that may be required from other departments or divisions of the governing agenc es. Section 3103.4 - Ameadeddded "Section ' .3-J] 03.4 of C4 a ? Appendix) J of the 2007 California Building Code hereby is added to read, in words and figures, as follows: "Section J103.4. Grading Designation. Grading involving any fill intended to support structure , or grading for the development of more than one lot or parcel, or grading in excess of 1;00050 cubic yards, or grading which includes excavation or fill in excess of 5 feet in depth or height shall be performed in accordance with the approved grading plan prepared by a civil engineer, and shall be designated as "engineered grading". All other grading shall be designated as "regular grading" unless the permittee chooses to have the grading performed as "engineered grading" or unless the Ceity Eengineer determines that spec al conditions or unusual hazards exist, in which case grading shall be designated as and co form to the requirements of "engineered grading". Secti n J104 - Amended "Section J10 hereby is amended by adding subsection J104.5. J104.6. J104.6a J 104.6b J104.7. J10 .7a. and J104.7b ofAppendix J of the 2007 California Building Code to read. in words and fi ures. as follows - in 3303 9J104.5 - Ame-ndeddded m "Section 33MO"J10 .5. Issuance. The provisions of Section 3,03-105.3 of the L�vfi)rn ^'',;";:.r,•„t;,. yes dix (7611)Mr I Code, of the 2007 California Building Code as duly adopted, are applicable to grading permits. The Ceity eEngineer may require that grading operations and project designs be modified if delays occur which incur weather -generated problems not consid red at the time the permit was issued. The Ceity eEngineer may require professional inspection and testing by the soils engineer. When the Ceity Een ineer has cause to believe that geologic factors may be involved, the grading will be requi ed to conform to engineered grading. Engineer m * re uire bonds in such form and amounts as n- , s that the ork. if not completed in accordance with tl tions, will b� corrected to eliminate hazardous conditions. 22 In lieu of a s ret - bond the applicant.may tile a cash bond or instrument of credit with the City Engin er in an amount equal to that which would be re aired in the surety bond. Section . 0,1104.6 - Added " Seetii 11 '309 of 'hapte "Section 3309-1 OJ1 04.6 Denial of Permit. "Section 3M9.1 00,1104.6.a. Flood and Geologic Hazards. The eCity Eengineer shall not issue a grading permit in any case where he finds that the work, as proposed by the applicant, is likely t adversely affect the stability of adjoining property or result in the deposition of debris on any public way or interfere with any existing drainage course or be in any area determined to be subject to flood or geologic hazard under provisions of C hate 'Section 116 7dix Chapter 1 of the 2007 California Building; Code of the as duly adopted and amended. EXCEPTION 1: This prohibition shall not apply when provision is made to eliminate such flood or geologic hazard to the satisfaction of the Ceity-eEngineer under the provisions of Section 116 oftheJ 3endix Chapter 10 the 2007 Cali ornia uildin« Code, as duly adopted and amended. EXCEPTION 2: 7 course is designed Hillside Managen Eengineer to adeq increasing erosion properties. "Section 331 permit for any work site will comply wit] Bar. prohibition shall not apply when grading work in an existing drainage neet all requirements for grading in drainage courses under the City's : Ordinance and provision is made to the satisfaction of the eCity -ly collect, convey and discharge flows through the project without deposition of debris or adversely affecting upstream or downstream 4-10104.6.b. Land Use. The eCity eEngineer shall not issue a grading �n the site unless the proposed uses shown on the grading plan for the the provisions of the Zoning Code Ordinance of the City of Diamond 3309.11J104.7 - Added 'Section 3-349-.44,11(04.7. Cubic Yards. i Import and Export of Earth Materials in Excess of 10, 000 23 "Section E9..11-J104.7.a. Transport Over Public Maintained Streets. In addition to other pro visions of this code, the following requirements shall apply when earth materials in excess of 10,000 cubic yards are to be exported from or imported to a grading site by transporting �ueh materials over a publicly maintained street. i I . The point of access to the public street shall be located as approved by the eCity Eengineer. 2. Special safe precautions, including, but not limited to, the access road approach grade and ali nment to the public street, sight distance at the intersection with the public street ind traffic control devices may be required by the eCity eEngineer. 24 "Section 330 41J104.7.b Zoning Ordinance Compliance. No grading permit shalt be issued for the import or export of more than 10,000 cubic yards of earth material to of from a grading site here such work would be classified as an "off-site transport grading project" as defined ii i Title 22, entitled "Zoning Ordinance", of the County of Los Angeles, as duly adopted by tI e City of Diamond Bar, unless the project is in conformance with Title 22. i Secti n ..1105.. mende-dAmended Section J105.3 -Added "Section J 10 hereby is amended b addin subsection .11(15.3 to A endix J of the 2007 California Buil ins Code to read in words and figures as follows: "Section J105.3 Transfer of Responsibility. If the civil engineer, the soils engineer, r the engineering ge logist of record is changed during -grading, the work shall be stopped until the replacement has agreed in writing to accept their res ponsibility in the area of technical con etenc for approval upon completion of the work. It shall be the duty ofthe ennittee to notify th City Engineer in writing of such chane prior to the recommenc_cnent of such gradM Scc-ti "Section 331 n 331 dii Amended, )-of Chaptef 33 3 of the Califenifff- Building Gede Appendix hef-ehy is- "Sec�t''v"'rr-33 vords-and-figures, s f 11 pan inspeetion fees or oth. thepf-eeedtir-esandi stieh amounts as be ^ .d: d f: em t ti - tllft. l�-�m7e, Section 3315 J109 - Amended Section 33J5:6J109.5 - Added "Section J109 hereby is amended by adding subsection 33c ^-3 Q109.5 of Appendix_ J of the 2007 California Building Code to read, in words and figures, as follows: "Section JI 09.5. Overflow Protection. Berms, swales or other devices shall be provided at the to� of cut or fill slopes steeper than five horizontal to one vertical to prevent surface water from overflowing onto and damaging the face of the slope. Gutters or other special drainaoe controls shall be provided where the proximity of runoff from buildings or other str ctures is such as to pose a potential hazard to slope integrity. I Secti n 3316 J1 10 - Amended Secti n 33-1-633110.3- - Added "Section 3110 hereby is amended by adding subsection X3 -1-6,3.l 110.3 J 110.3a. .1110.3b J110.3c J110.4, JI 10.4a, JI 10.4b, JI 10.4c and 33-16.4J110.4d of meter -3-3 (Appendix) J of the 2 007 California Building Code to read, in words and figures, as follows: "3316.3J110 3. Temporary Erosion Control Precautions. Grading operations shall be planned to a oid the rainy season, October 15 and April 15. Grading permits shall only be issued when a plan for erosion control and silt retention has been approved by the city engineer. "3316=3aJ1I .3.a. The (City eEngineer shall not issue a grading pen -nit for any work to be commenc d between October 1 of any year and April 15 of the following calendar year, unless detail pl s for such work include the details of protective measures, including ,ae.uistillin basins or other temporary drainage control measures, or both, as may be necessary to protect the adjoining public and private property from damage by erosion, flooding or depositi n of debris which may originate from the site or result from such grading operations. j If grading is begun rior to October 15, all protective measures shall be installed prior to October 15. If grad ng is begun on or after October 15, all protective measures shall be installed before grac ing is begun. All protective measures shall be maintained in good working order until April 15 of the succeeding year, where grading is done between October 15 and December 3 , or until April 15 of the same year when grading is done between January 1 and April 15, unless their removal at an earlier date is agreed to by the Ceity (engineer. All erosion s shall c "3-346J110.3. . Where a grading permit is issued and grading work commenced after April 15 and be ore October 1 of any year and the plans for such work do not include details of the protecti e measures described in section 3316..3JI 10.3x, and it appears that the grading and installati n of the permanent drainage devices as authorized by the permit will not be completed by October 15, then, on or before October 1 the owner of the site on which the grading is being p -,rformed shall file or cause to be filed with the Ceity eEngineer revised detail plans which in Jude details of the protective measures described in, and in all other respects follow, the provisions of section 3-3-1-6J I l 0.3a. "3316:3eJ110.3.c. Effect of Noncompliance. Should the owner fail to submit detail plans or to provide the protective measures required by sections 3316.3.1110.3a and J 110.3316.3b by the date specified therein, it shall be deemed that a default has occurred 26 under the conditions of the grading permit security. Thereupon the Ceity eEngineer may enter the property fobr the purpose of installing, by city forces or other means, the drainage and erosion control 4evices shown on the approved detail plans, or if there are no approved detail plans, as may > e deemed necessary to protect adjoining property from storm damage, or the Ceeity eEngineer may cause the owner of the site to be prosecuted as a violator of this code, or he may take, both actions. Secti n 33-10110.4 - Added "Seefion--334�-.�efeby is added to Seetiefi-3-3, fellow "Section 334",J1I A Permanent Erosion Control. "Section _ J110.4a. Planting and Irrigation. The surface of all manufactured slopes shall be protected against damage by erosion by the installation of a permanent irrigation system and planting with ground cover, shrubs and/or trees which provide satisfactory long temi erosion control. Planting and plant materials shall be specified and installed in accordan e with the Hillside Management Ordinance of the City of Diamond Bar. The irrigation system shall provide adequate coverage and the proper application rate to maintain the appropr ate moisture for the establishment and proper growth of the plantings installed, but the irrigation shall not saturate the slopes or cause erosion. "Section 3 JI 10.4b. Planting and Irrigation Plans and Specifications. For grading which includes cut slopes more than 5 feet in height; or fill slopes supporting structures orf more than 3 feet in height; or natural slopes disturbed more than 10 feet in superrficial extent by the grading operations planting and irrigation plans and specifications shall be submitted f6i approval of the Ceity eEngineer -and/or the Community Devel o ment Director. For all man ifactured slopes more than 20 feet in height or natural slopes disturbed more than 20 feet in superrficial extent by grading operations plans shall be prepared and signed by a civil engineer or landscape architect. "Section "JI 10.4-c. Rodent Control. All manufactured slopes steeper than four horizontal to one ve ical within a grading project adjacent to undeveloped or unoccupied land shall be protected from potential slope damage by a preventative program of burrowing rodent control. "Section 33104J110.4.d. Release of Security. The planting and irrigation systems required by this section shall be installed as soon as practical after rough grading. Prior to final approval of grad ng and before the release of grading security, the planting shall be well established and growing on the slopes and, where required by subsection 3316J 110_.4.c, there shall be evidence of an effective rodent control program. _. T.. t, 1— A 22 A __A A 77 n 11A__ ___ .- . - . , 27 "Tables '� " Secti n J112 - Added "Section JI ]hereb r is added to Appendix J of the 2007 Califorma 13tuldin_y- Code to read in words and figures. as follows: _ "Section A 12 Completion of Work, "Section.111 .1 Final Reports. Upon completion of the rough grading work and at the final completion ofthe work, the following reports and drawings and supplements thereto are required for engineering eerin grading -or when professional inspection is performed for regular grading, as applicable. L An as-bui t gradin plan prepared by the civil en ineer retained to provide such services showing ori inal ground surface elevations, as -graded ground surface elevations, lot drainage patterns. and the locations and elevations of surface drainage facilities and of the outlets of subsurface drains. As -constructed locations, elevations and details of subsurface drains shall be shown as re orted by the soils engineer. Civi 1 enginee s shall state that to the best of their knowledp-e work within their area of responsibility was d ne in accordance with the final approved grading plan 2. A report p e ared by the soils engineer retained to provide such services including locations and elevati ns of field density tests, summaries of field and laboratory tests other substantiating data_ and comments on any changes made during_arading and their effect on the recon-imerldations made in the approved soils en ineering investigation report. Soils en ineers shall submi t a statement that. to the best of their knowledge. the work within their area of responsibilities is in accordance with the approved soils engineering re ort and applicable provision5 of this cha )ter. 3. A report p -epared by the engineering eologist retained to provide such services including g a final des rip tion of the geology of the site and any new information disclosed during the rading an J the effect of same on recommendations incorporated in the approved grading plan. En gi eering geolo gists shall submit a statement that to the best of their knowledge, the work within their area of res onsibilit , is in accordance with the approved p en ineerim4 geologic -report and applicable provisions if this chapter. `Section J112.2 Notification of Completion. The permittee shall notify the City Engineer when the gr din operation is ready for final inspection. Final approval shall not be given until all work including installation of all -drainage facilities and their protective devices and all erosion -control measures have been completed in accordance with the Final approved grading pla iand the required reports have been submitted. 28 "15.00.330 "It shall be unla provision, or to fail firm, partnership, or with their requirem thereof shall be pun imprisonment not e: such person, firm, p, each and every day c of this Division or tl person, firm, partn( provided in this Div Secti+ "Division 4 of Cha and figures, as toll DIN "Sections: 15.00.510 15.00.520 15.00.530 "15.00.510 "Except as hE (Part 4 of Title 24 of 1 incorporates and am, International Confer incorporated herein a of the City. A copy o be, at all times, main Penalties for Violation of Division vful for any person, firm, partnership, or corporation to violate any comply with any of the requirements, of this Division. Any person, ;orporation violating any provision of this Division or failing to comply nts shall be deemed guilty of a misdemeanor and upon conviction ;hed by a fine not exceeding One Thousand Dollars ($1,000.00) or by seeding six (6) months or by both such fine and imprisonment. Each tnership, or corporation shall be deemed guilty of a separate offense for any portion thereof during which any violation of any of the provisions Codes adopted hereby is committed, continued or permitted by such ship, or corporation, and shall be deemed punishable therefor as 53: 15.00 of the Diamond Bar City Code is amending to read, in words ON 4. MECHANICAL CODE California Mechanical Code - Adopted. Amendments Penalties - Added. Mechanical Code - Adopted. provided, the 2007 Edition of California Mechanical Code ie California Code of Regulations) and the Appendices thereto, which rids the Uniform Mechanical Code, 2006 Edition, published by the nce of Building Officials, is hereby adopted by reference and though fully set forth herein and shall constitute the Mechanical Code such Code has been deposited in the office of the City Clerk and shall tined by the Clerk for use and examination by the public. "15.00.520 1 Amendments Notwithstanding the provisions of Section 15.00.520, the California Mechanical Code is amended as 61lows: W Chapter 1 - Deleted. "Chapter 1 of the California Mechanical Code hereby is deleted, in its entirety. All administrative, permitting and related requirements of said Chapter 1 of the California Mechanical Code shall be governed by Division 2 of this Chapter. "15.00.530 1 Penalties for Violation of Division It shall be unla ul for any person, firm, partnership, or corporation to violate any provision, or to fail w comply with any of the requirements, of this Division. Any person, firm, partnership, or corporation violating any provision of this Division or failing to comply with their requirem nts shall be deemed guilty of a misdemeanor and upon conviction thereof shall be puni hed by a fine not exceeding One Thousand Dollars ($1,000.00) or by imprisonment not ex ceding six (6) months or by both such fine and imprisonment. Each such person, firm, partnership, or corporation shall be deemed guilty of separate offense for each and every day oi any portion thereof during which any violation of any of the provisions of this Division or th Codes adopted hereby is committed, continued or permitted by such person, firm, partne ship, or corporation, and shall be deemed punishable therefor as provided in this Divi ion. Section 46: "Division 5 of Chapt r15.00 of the Diamond Bar City Code is amending to read, in words and figures, as follo s: DIVISION 5. PLUMBING CODE "Sections: "15.00.710 California Plumbing Code - Adopted "15.00.720 Amendments Section 10, 20 and 30 - Deleted. Section 3201.0 - Added. Section 722.6 - Added. "15.00.730 Penalties - Added. "15.00.710 1 California Plumbing Code - Adopted "Except as hereinafter provided, the 2007 Edition of the California Plumbing Code (Part 5 of Title 24 oft e California Code of Regulations) and the appendices thereto, which incorporates and ame nds the Uniform Plumbing Code, 20006 Edition, published by the 30 International Association of Plumbing and Mechanical Officials, is hereby adopted by reference and incorporated herein as though fully set forth herein and shall constitute the Plumbing Code of the City. A copy of such Code has been deposited in the office of the City Clerk and shall be, a all times maintained by the City Clerk for use and examination by the public. "15.00.720 Amendments Notwithstanding the provisions of Section 15.00.720, the California Plumbing Code is amended as follows: Chadter 1 - Deleted Chapter 1 of the California Plumbing Code hereby is deleted, in its entirety. All administrative, permitting and related requirements of said Chapter 1 of the California Plumbing Code shall be governed by Division 2 of this Chapter. Secti n 3210.0 - Added. "Section 321 is hereby added toef_the California Plumbing Code he - hy is added -to read, in words, and i1gures, as follows: "Section 321 �0 All new structures shall be equipped with an additional main for future use of reclaim d water for landscape irrigation systems". Section 722.6 - Added. "A new subse tion 722.6 hereby is added to Section 722 of the California Plumbing Code to read, in wor s and figures, as follows: Subsection "7P2.6 No such excavation shall be left unattended at any time unless the permittee shall have Irst provided a suitable and adequate barricade to assure public safety". "15.00.730 1 Penalties for Violation of Division It shall be unto ul for any person, firm, partnership, or corporation to violate any provision, or to fail tc comply with any of the requirements, of this Division. Any person, firm, partnership, or c rporation violating any provision of this Division or failing to comply with their requireme is shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punis4ed by a fine not exceeding One Thousand Dollars ($1,000.00) or by imprisonment not exZrship, Iding six (6) months or by both such fine and imprisonment. Each such person, firm, pa or corporation shall be deemed guilty of a separate offense for 31 each and every day or any portion thereof during which any violation of any of the provision of this Division ort e Codes adopted hereby is committed, continued or permitted by sucl person, firm, partnership, or corporation, and shall be deemed punishable therefor a provided in this Div sion. Section 5• erl5.00 of the Diamond Bar City Code is amending to read, in word: "Division 6 of Cha and fi ures as follows: DIVI�ION 6. ELECTRICAL CODE "Sections 15.00.910 California Electrical Code - Adopted. 15.00.920 Amendments Articles 089 and 90 - Deleted. Section 110 14 - Amended Section 3 34. 10 (A&B) - Amended. Section 334.12(A) - Amended. Section 590.3 B - Amended. Table No.300.5 - Amended. Penalties - Added. "15.00.930 "15.00.910 i California Electrical Code - Adopted i "Except as hereinafter provided, the 2007 Edition of the California Electrical Code Part 3 of Title 24 of 1 he California Code of Regulations) includingthe he appendices thereto which incorporates the National Electrical Code 2005 Editionpublished by the National hire Protection Assoccation is hereby ado ted by reference with the same force and effect as though set forth herei in full and shall constitute the Electrical Code of the City. Acopyof such Code has been deposited in the office of the City Clerk and shall be at all times, maintained by the Clerk for use and examination by the public. "15.00.920 Amendments Notwithstanding i the provisions of Section 15.00.920. the California Electrical Code is amended as follows: "15.00.920 Articles 089 and 90- Deleted. of California_Elcctrical Qode shall be move ed by Division 2 of 32 "Section 110 i Section 110.14 - Amended I 14 of the California Electrical Code 2007 Edition allowing the use of aluminum conducto s shall be amended to read that no aluminum conductor smaller than No. 4AWG shall be used. Whenever any aluminum is utilized as herein permitted, the applicant shall be rMuired to obtain at applicant's expense, a separate Certificate of Ins ection from a s ecial inspector authorized by law to provide such inspections, no certificate of inspect on shall be issued until after the on-site inspection. "Section 334 I Section 334.10 (A &B) - Amended. 10 of the California Electrical Code 2007 Edition is hereby amended to read, in words anc "Section 334.10 figures as follows: a Type NM. T c NM Cable shall be ermitted for concealed work in normally dry locat on. It shall be permissible to install or fish type NM cable in air voids in masonEy block or tile walls where such walls are not exposed or subject to excessive moisture or damp ne "Section 334.1.0(b) s. Type MNC. Type NMC cable shall bepermitted: 1 for concealed work in drL moist damp,or corrosive locations; 2 in outside and inside walls of masonry block or the 3 in a shallow chase in masonry,concrete, or adobe protected against nails or screws by a steel adobe, or similar finish. "Section 334 plate at lease 1/16 inch 1.59 mm thick and covered _withplaster, 1 Section 334.12(A) - Amended i 12(a) of the California Electrical Code 2007 Edition is hereby amended to read in words "Section 334.12 a T� and figures as follows: e NM orNMC. 'rypes NM and NMC cables shall not be used: (l) in any dwelling or struci 3 in commercial anc ure exceeding three floors abovegrade-, 2) as service-entrance -cab] e industrial buildings. For the DUKPOse of this article, the first floor of a buildim4 shall be that floor that has fifty percent or more of the exterior wall surface area level with or above finished grade. One additional level that is the first level and not designed for human habitation and used only for vehicl"arking, Stora e or similar use shall be permitted. __LSection i 53(B) - Amended. California Electrical Code 2007 Edition is hereby amended to read: "Section 527.3 of the 30da s. Temporary e ectrical ower and lighting installations shall be permitted fora period not to cxceed 30 days�for holiday decorative lighting and similar purposes. Section Table No. 300-5 - Amended. Notwithstandibg the provisions of Section 15.00 110 the Uniform Housing Code is I amended as follows: : Chapter 1 - Deleted. 34 "t5.00.11301 Penalties for Violation of Division _L 311ULL Uk, U111a cryo„ rirm arnnersm or co oration to v ision, or to fail to comply with any of the requirements of this Division ,_partnership, or �otporation violating any provision of this Division or fail; be punished by a fi of this Division or th erson firm artne s provided in this Divi ii Section 7: here hich and it tvofa r���e�9�-- � U 1+' f �7' 1 +' F Tl• 1 c nn_ i i 2n Amendments rites..11-30 Chapteft Delete IPenalties ---4dded rru nn >> n l11'fFm Housing Code 36 "Division 8 4, Chapterl 5.00 of the Diamond Bar City Code is amending to read, in words and figures, as follows: DIVISION 8. UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE "Sections: 15.00.1310 Uniform Swimming Pool Spa and Hot Tub Code - Adopted. 15.00.1320 Part 1 - Deleted. 15.00.1330 j Penalties - Added. "15.00.13101 Uniform Swimming Pool, Spa and Hot Tub Code - Adopted. "The "Uniforrlh Swimming Pool, Spa and Hot Tub Code", 2000 Edition, published by the International Conference of Building Officials, hereby is adopted in its entirety as the Swimming Pool, Spe and Hot Tub Code of the City of Diamond Bar, together with the amendments, additions, deletions and exceptions set forth in this Division. 15.00.1320 Amendments Notwithstanding the provisions of Section 15.00.1320, the California Plumbing Code is amended as followi: "15.00.1320 Part 1 - Deleted. "Part 1 of the Oniform Swimming Pool, Spa and Hot Tub Code hereby is deleted, in its entirety. All admijnistrative, permitting and related requirements of said Part 1 of the Uniform Swimming fool, Spa and Hot Tub Code shall be governed by Division 2. 37 "15.00.1330' Penalties for Violation of Division It shall be unlawful for any person, firm, partnership, or corporation to violate any provision, or to fail W comply with any of the requirements, of this Division. Any person, firm, partnership, or corporation violating any provision of this Division or failing to comply with their requirem4nts shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punikhed by a fine not exceeding One Thousand Dollars ($1,000.00) or by imprisonment not exceeding six (6) months or by both such fine and imprisonment. Each such person, firm, partnership, or corporation shall be deemed guilty of a separate offense for each and every day of any portion thereof during which any violation of any of the provisions of this Division or 4 Codes adopted hereby is committed, continued or permitted by such person, firm, partnership, or corporation, and shall be deemed punishable therefor as provided in this Division. Section 840. All inconsistencies between the Building Code, Electrical Code, Mechanical Code, and PlumbinoCode, as adopted by this Ordinance, and the 20074- edition of the California Building ode, Electrical Code, Mechanical Code, and Plumbing Code, as set forth in Parts 2, 3, 4, 4nd 5, respectively, of Title 24 of the California Code of Regulations, are changes, modifi ations, amendments, additions or deletions thereto authorized by California Health and Safety Sections 17958.5 and 17958.7. Section 419. To the, extent the provisions of this Ordinance are substantially the same as previous provisions of the Diamond Bar Municipal Code, these provisions shall be construed as continuations of those provisions and not as new enactments. Section 103. If any Section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance or any part hereof or exhibit hereto is for any reason held to be invalid, such invalidity shall n' t affect the validity of the remaining portions of this Ordinance or any part thereof or exhibit1tthereto. The City Council of the City of Diamond Bar hereby declares that it would have pas�ed each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared invalid. Section 113. This ordinance shall be effective upon adoption and shall become operative on this _ day of _ 20072 PASSED, ADOPTED] AND APPROVED this _ day of . 20072. Mayor 38 I, TOMMYELYNI)A CRI B1NSBURGESS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Ordinance was inkroduced at a regular meeting of the City Council of the City of Diamond Bar held on the, _ day of , 2007-2, and was finally passed at a regular meeting of the City Council of the City of Diamond Bar held on the _ day of 2007-2, by the following vote: AYES: ! COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ATTEST: City Clerk City of Diamond Bar WS ORDINANCE NO. XX (2007) AN ORDI ANCE OF THE CITY OF DIAMOND BAR AMENDING TITLE 15 OF THE DIAMOND BAR MUNICIPAL CODE ADOPTING, BY REFERENCE, THE "CALIFORNIA BUILDING CODE", 2007 EDITION, VOLUMES 1 AND 2, INCLUDING ALL APPENDICES THERETO, APPENDIX CHAPTER I OF THE 2007 CALIFORNIA BUILDING CODE AS THEA MINISTRATION CODE, THE "CALIFORNIA MECHANI AL CODE", 2007 EDITION AND THE APPENDICES THERETO, THE "CALIFORNIA PLUMBING CODE", 2007 EDITION AND THE APPENDICES THERETO, THE "CALIFORNIA ELECTRICAL CODE", 2007 EDITION AND THE APPENDICES THERETO, "THE UNIFORM HOUSING ODE", 1997 EDITION AND THE APPENDICES THERETO AND THE "UNIFORM SWIMMING POOL, SPA AND HOT UB CODE", 2000 EDITION, TOGETHER WITH CERTAIN AMENDMENTS, ADDITIONS, DELETIONS AND EXCEPTIONS INCLUDING FEES AND PENALTIES. A. Recitals. (i) Section 11922 of the California Health & Safety Code mandates the adoption, by reference, of the International Code Council (ICC) codes. (ii) At least One copy of each of the codes and standards identified in this Ordinance and certified as full, frue and correct copies thereof by the City Clerk of the City of Diamond Bar have been filed i the office of the City Clerk of the City of Diamond Bar in accordance with the provisions f California Government Code § 50022.6. (iii) All legal prerequisites to the adoption of this Ordinance have occurred. B. Ordinance. NOW, THEREFORE, the City Council of the City of Diamond Bar does hereby find, determine and irdain as follows: 1 Section 1 Division 2 o Chapterl5.00 of the Diamond Bar City Code is amended to read, in words and figures, a follows: DIVISION 2. Appendix Chapter 1 ADMINISTRATION CODE Sections: "15.00.110 Admi istration Code - Adopted "15.00.120 Amedments Secti n 104.1 -Amended. Secti n 104.6 -Amended. Secti n 104.8 - Deleted. Section 105.1 - Amended. Secti n 105. 1.1 - Amended. Section 105.1.2 - Deleted. Section 105.2.5 - Amended. Section 105.2.9 - Amended. Section 105.3 - Amended. Secti n 105.3.2 - Amended. Secti n 105.5 - Amended. Section 105.8 - Added. Secti�n 108.3 - Amended. Secti n 108.4 - Amended. Seat 108.6 - Amended. Sectin 108.7 - Added Secti n 112 - Amended. Secti n 112.1 - Amended. Secti n 112.2 - Amended. Secti n 116 - Added Sectin 117 - Added Secti n 118 - Added "15.00.130 Penahies - Added "15.00.110 Administration Code -Adopted. "The Administration Code", Appendix Chapter 1 of the 2007 California Building Code, hereby is adoed, in its entirety, except as hereinafter provided, as the Administration Code of the City oftamond Bar pertaining to building and construction regulations within the City, together with the amendments, additions, deletions and exceptions set forth in this Division. "15.00.120 t Amendments 2 Notwithstanding the provisions of Section 15.00.110, the Administration Code is amended as follows: in 104.1 - Amended. "Section 10411 of the Uniform Administration Code hereby is amended to read, in words and figures, a� follows: "Section 104 1. General. The Building Official shall enforce the provisions of this Chapter and shall have the responsibility for making interpretations of the Uniform Codes, for deciding upon tf. e approval of equipment and materials, and for granting the special permission contemplated in a number of code sections hereof. Secti6n 104.6 - Amended. "Section 104 6. of the Administration Code hereby is amended to read, in words and figures, as follows: i "Section 104.6. Right of Entry. The Building Official, or his/her duly authorized representative, shall have the authority to enter any building or premises for the purpose of investigation of the existence of suspected or reported damage or defects which constitute an immediate danger to human life or an immediate hazard to public safety or health. Except in emergency situations, the Building Official, or his/her authorized representative, shall not enter any building or premises without the consent of the owner or occupant thereof, unless he/she possesses a warrant authorizing entry and search of the premises. No person shall hinder or prevent the Building Official, or his/her authorized representative, while in the performance of the dties herein described as emergency situations or while in possession of a warrant, from ente ing upon and into any and all premises under his/her jurisdiction, at all reasonable hours, fo the purpose of inspecting the same to determine whether or not the provisions of the Capter and all other applicable laws or ordinances pertaining to the protection of person or property are observed therein. Section 104.8 - Deleted. "Section 1048. of the Administration Code hereby is deleted, in its entirety. Detio 105.1. - Amended. "Section 10511. of the Administration Code hereby is amended to read, in words and figures, as follows: 3 "Section 105�L Permits Required. Except as specified in Section 105.2 of this section, no building or structure regulated by this Code shall be erected, constructed, enlarged, altered, ref aired, moved, improved, removed, converted or demolished unless a separate permit for each building or structure has first been obtained from the Building Official. All signs a fixed to any building or structure and not otherwise requiring a permit hereunder shall requ re a building permit. Seetioo 105.1.1. - Amended. "Section 1051.1. of the Administration Code hereby is amended to read, in words and figures, as follo s: "Section 105 1.1. Detached accessory buildings used as tool and storage sheds, playhouses, and similar uses provided that: a. The building is accessory to a dwelling unit. b. The building neither exceeds 120 square feet in roof area nor exceeds 6 feet in overall height. C. The building has no plumbing or electrical installations or fixtures. d. Theuilding is separated from any similar accessory structures by a mini urn distance of 6 feet. Section 105.1.2. - Deleted. " Section 101.1.2 of the Administration Code hereby is deleted, in its entirety. Secti#n 105.2.5. - Amended. "Section 105 2.5 of the Administration Code hereby is amended to read, in words and figures, as follows: "Section 105 2.5. Retaining walls which are not over 3 feet in height measured from the bottom of the foo ing to the top of the wall, unless supporting a surcharge or impounding flammable liquids. Seeti4n 105.2.9. - Amended. "Section 105 2.9. of the Administration Code hereby is amended to read in words and figures, as follows: "Section 105 2.9. Prefabricated swimming pools, spas, or hot tubs accessory to Group R, Division 3 Occupancy in which the pool walls are embedded no more than 12 inches below the adjacent grade and if the capacity thereof does not exceed 5,000 gallons. 4 m 105.3 - Amended. Section 105.1 of the Administration Code hereby is amended to read, in words and figures, as follows:!, "Section 105 3 Application. Application for a permit to perform the work shall be made in writing to the Building Official and shall fully describe said work. Plans, engineering calculations, diagrams, and other data, including specifications and schedules, may be required to d termine whether the installation as described will be in conformance with the requireme s of this Title. If it is found that the installation as described will conform to all legal requirements, and if the applicant has complied with the provisions of this Title, a permit for such installation shall be issued. No deviation may be made from the installation described in the permit and plan without the prior written approval of the Building Official_ i#n 105.3.2 - Amended. "Section 105 3.2 of the Administration Code hereby is amended to read, in words and figures, as follows: "Section 105 3.2 Expiration of Plan Review. Applications for which no permit is issued within 180 days following the date of submitted application shall expire by limitation, and plans and other C ata submitted for review may thereafter be returned to the applicant or destroyed by the Building Official. The Building Official may extend the time for action by the applicant for a pe iod not exceeding 180 days upon request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. No application shall be extended more than once. in order to renew action on an application after expiration, theapplicant shall resubmit plans and pay a new plan review fee. 105.5 - Amended "Section 105.5 of the Administration Code hereby is amended by the addition of the following exception to read, in words and figures, as follows: "EXCEPTIO : Demolition permits shall expire by limitation and shall become null and void if the work uthorized by such permits is not substantially commenced within 45 days of th date such permit was issued or as otherwise specified by the Building Official. Section 105.8 - Added. "Section 105 Of the Administration Code hereby is amended by the addition of a new subsection 105.8 to r ad, in words and figures, as follows: "Section 105.9 Qualifications of Permittee. No person shall be issued a permit under 5 this Chapter until tce idence of a valid California Contractor's License and Workers Compensation Insur is presented to the Building Official. "EXCEPTION: Owner -builder permit may be issued for specified occupancies in accordance with Cal I forma law. Secti n 108.3 - Amended. "Section 10813 of the Administration Code hereby is amended to read, in word and figures, as follows: "Section 10813 Permit Fees. The fees required in this Chapter shall be paid to the Building Official forl all work for which a permit is required by this Title. Section 108.4 - Amended. "Section 108A of the Administration Code hereby is amended to read, in words and figures, as follows: i "Section 108.4 Failure to obtain a permit and to pay fees therefore before commencing works all be deemed evidence of violation of the provisions of this Chapter. A penalty, as establ shed by resolution of the City Council, shall be assessed for work commenced before a permit is issued. Whenever any work for which a permit is required under the provisions of this Chapter has been commenced without the authorization such permit, a special investigation may be required before a permit will be issued for any such work. In addition to my regular permit fee and/or any penalty fee, the said investigation fee shall be collected as stablished by resolution of the City Council. Sect4n 108.6 - Amended. "Section 108 6 of the Administration Code hereby is amended to read, in words and figures, as follows: "108.6 Fee R funds. The Building Official shall collect such fees as are required to be paid by this Chapter and shall make no refund of fees paid except in accordance the provisions of this section and in no event after one hundred eighty (180) days have elapsed from the date of the issuance of the permit. All requests for refund of fees paid shall be made in writing to the Building Official and shall be made in accordance with the procedures and refund schedule established by resolution of the City Council. n 108.7 - Added "Section 108.�7.is added to the Administration Code to read, in words and figures, as follows: 0 "Section 1087 Plan Review Fees. When a plan or other data is required to be submitted for review and approval by the Building Official pursuant to this Chapter, a plan review fee shall be paid at the time of submittal of such plan or other data. Said plan review and recheck fees shal I be established, and may be amended from time to time, by resolution of the City Council. i Secti�n 112 - Amended. "Section 112 of the Administration Code hereby is amended to read, in words and figures, as follows: "Section 112.1. Appeals. A decision of the Building Official regarding the interpretation or implementation of any provision of this Chapter or the Code adopted hereby shall be final and shall become effective forthwith upon the service of the decision by the Building Official, in writing, upon the permittee. For the purposes of this section, service upon the permittees all mean either personal delivery or placement in the United States Mail, postage prepai , and addressed to the permittee at his last known business address; provided, however, that the permittee may, within ten (10) days after the effective date of the decision of the Build ng Official, file an appeal with the City Clerk, in writing, specifying the reason or reasons for the appeal and requesting that the Board of Appeals review the decision of the Building Offi ial. "Section 112. . The City Council shall act as the Board of Appeals in making a final determination of any appeal filed in accordance with the provisions of Section 112 of this Code. The City Clerk shall schedule a hearing on the appeal at reasonable times at the convenience of the Board of Appeals, but not later than thirty (30) days after receipt of the written appeal. The r ermittee may appear in person before the Board or be represented by an attorney and may in roduce evidence to support his claim. The Building Official shall transmit to the Boarc. all records, papers, documents, and other materials in support of his decision and shall provide a copy thereof to the permittee appealing the decision of the Building Official. Tf e permittee appealing the decision of the Building Official shall cause, at his own expense a y tests or research required by the Board to substantiate his claim to be performed or otherwise carried out. The Board may continue such appeal hearing from time to time as deemed necessary by the Board. The Board may, by resolution, affirm, reverse or modify in whole or in part, any appealed decision, determination, or interpretation of the Building Official. A copy of the resolution adopted by the Board shall be mailed to the permittee and the Board's decision shall be final upon the mailing, by United States Mail, postage prepaid, tot e permittee's last known address of record. "The determi ation of value or valuation under any of the provisions of this Chapter shall be made by the Building Official whose determination shall be final. The value is to be utilized in computing the permit and plan review fees established pursuant to this Chapter shall be the total value of all work for which the permit is issued including, by way of illustration and not b limitation, construction and finish work, painting, roofing, electrical, plumbing, heating, �ir-conditioning, elevators, fire -extinguishing systems, and all other permanent equipment. Section 116 - Added "Section 116 follows: "Section 11 "116.1 Floc Engineer to be subj "The place the building site sl adjacent property. hereby added to Administration Code to read, in words and figures, as Prohibited Uses of Building Sites. Hazard. Buildings are not permitted in an area determined by the City t to flood hazard by reason of inundation, overflow or erosion. it of the building and other structures (including walls and fences) on be such that water or mud flow will not be a hazard to the building or "EXCEPTIO : This prohibition shall not apply when provision is made to eliminate such flood hazard to the satisfaction of the City Engineer by providing adequate drainage facilities, by protective walls, suitable fill, raising the floor level of the building, a combination of these methods, or by other means. "116.2 Geologic Hazards. "116.2.1. No building or grading permit shall be issued under the provisions of this section when the City Engineer finds that property outside the site of the proposed work could be damaged b activation or acceleration of a geologically hazardous condition and such activation or acceleration could be attributed to the proposed work on, or, change in use of, the site for which the permit is requested. For the purpose of this section, geologically hazardous condition oes not include surface displacement due to earthquake faults. "116.2.2. W k requiring a building or grading permit by this code is not permitted in an area determined by the City Engineer to be subject to hazard from landslide, settlement, or slippage. These hazards include those from loose debris, slope wash and the potential for mud flows from natu al slopes or graded slopes. For the purposes of this section, landslide, settlement, or slippage does not include surface displacement due to earthquake faults. "116.2.3. Subject to the conditions of subsection 116.2.1 of this section, permits may be issued in the folio ina cases: a. When the applicant has submitted an engineering geology and/or geotechnical engineering report or reports complying with the policies and provisions of City Engineer which report or reports show that thethazard will be eliminated prior to the use or occupancy of the land or structures by modification of topography, reduction of subsurface water, buttressing, a combination of these) methods, or by other means. b. When the applicant has submitted an engineering geology and/ geotechnical engineering report or reports complying with the policies and provisions of the City Engineer which report or reports con6in sufficient data to show that the site appears to be in no danger for the intended use. Section 117 - Added "Section 117 hereby is added to Administration Code to read in words and figures, as follows: "Section 117 Geology and Engineering Reports. The City Engineer in the case of an application for a grading permit, may require an engineering geology or geotechnical engineering report, oil both, where in his opinion such reports are essential for the evaluation of the safety of the sit b. The engineering geology or geotechnical engineering report or both shall contain a findirig regarding the safety of the building site for the proposed structure against hazard from lkndslide, settlement or slippage and a finding regarding the effect that the proposed buildin� or grading construction will have on the geologic stability of property outside of the buildink site. Any engineering geology report shall be prepared by a certified engineering geologist licensed by the State of California. Any geotechnical engineering report shall be prep�red by a civil engineer qualified to perform this work, such as a geotechnical engineer experienced in soil mechanics. When both an engineering geology and geotechnical engineering report are required for the evaluation of the safety of a building site, the two reports shall be coordinated before submission to the City Engineer. Any finding regarding the safety of the building site and the effect that the proposed building or grading construction will have on the geologic stability of property outside of the building site must be substantiated with] sufficient data and analyzed in a manner consistent with the current industry standard of dare and must be concurred with by the City Engineer who may rely on the opinion of indepehident geotechnical reviewers. Sectiojn 118 - Added "Section 118 thereby is added to Administration Code to read, in words and figures, as follows: "Section 118 �eisn]ic Hazard Zone Maps. Special studies zones maps within the City of Diamond Barr prepared under sections 2622 and 2623 of the California Public Resources Code which show traces of earthquake faults are hereby declared to be, on the date of official issue, a past of this code, and may be referred elsewhere in this code. Special studies zones maps revised under the above sections of the California Public Resources Code shall, on the date of their official issue, supersede previously issued maps which they replace. Copies of each of the above maps shall be available for examination by the public at the Department of Public Works, Department of Community Development and the Office of the City Clerk. "15.00.130 It shall be unle provision, or to fail firm, partnership, or with their requirem thereof shall be pun imprisonment not e: such person, firm, p; each and every day c of this Division or tl person, firm, partni provided in this Div Penalties for Violation of Division 1 for any person, firm, partnership, or corporation to violate any t comply with any of the requirements, of this Division. Any person, corporation violating any provision of this Division or failing to comply is shall be deemed guilty of a misdemeanor and upon conviction i hed by a fine not exceeding One Thousand Dollars ($1,000.00) or by eeding six (6) months or by both such fine and imprisonment. Each illnership, or corporation shall be deemed guilty of a separate offense for 11 any portion thereof during which any violation of any of the provisions i Codes adopted hereby is committed, continued or permitted by such ship, or corporation, and shall be deemed punishable therefor as Section 2 "Division 3 of Chapt�r15.00 of the Diamond Bar City Code is amending to read, in words and figures, as follm4s: DIVISION 3. BUILDING CODE "Sections: 15.00.310 California Building Code - Adopted 15.00.320 Code Amendments Chapter 1 - Deleted. Section 1805.10 -Added. Section 1505.1.1 -Amended. Section 1505.8 -Amended. Table No. 1505.1 -Amended. Section J101 -Amended Section J101.3 -Added Section J101.4 -Added Section J101.5 -Added Section J102 -Amended Section J103 -Amended Section J 103.3 -Added Section J103.4 -Added 10 Section J104 -Amended Section J104.5 -Added Section J 104.6 -Added Section J 104.7 -Added Section J105 -Amended Section J 105.3 -Added Section J 109 -Amended i Section J109.5 -Added Section J 110 -Amended Section J110.3 -Added Section J110.4 -Added Section J112 - Added "15.00.330 Penalties - Added. "15.00.310 1 California Building Code - Adopted. "Except as he einafter provided, the California Building Code, 2007 Edition (Part 2 of Title 24 of the lifornia Code of Regulations), and the appendices thereto, which incorporates and am nds the International Building Code, 2006 Edition, published by the International Code Cuncil, is hereby adopted by reference and incorporated herein as though fully set forth herein nd shall constitute the Building Code of the City. A copy of such Code has been deposited in the office of the City Clerk and shall be, at all times, maintained by the City Clerk for use an examination by the public. 15.00.320 j Code Amendments Notwithstanding the provisions of Section 15.00.320, the California Building Code is amended as follows: ter 1 - "Chapter 1 of the California Building Code hereby is deleted, in its entirety. All administrative, permitting and related requirements of said Chapter 1 of the California Building Code shall te governed by Division 2 of this Chapter. Sectio► 1805.10 - Added. "Section 1805 10 is hereby added to the California Building Code to read, in words and figures, as follow: "Section 1805110. Foundations on Expansive Soil. Foundation systems on expansive soil shall be constru4ted in a manner that will minimize damage to the structure from movement of the sojl. Slab -on -grad and mat -type footings for buildings located on i 11 expansive soils may be designed in accordance with the provisions of Division III or such other engineering d'sign based upon geotechnical recommendation as approved by the building official. or residential -type buildings, where such an approved method of construction is not provided, foundations and floor slabs shall comply with the following requirements: 1. Depth of oundations below the natural and finish grades shall be not less than 24 inches for exterior ar�d 18 inches for interior foundations. "2. Exteriorj walls and interior bearing walls shall be supported on continuous foundation. "3. Foundations shall be reinforced with at least two continuous one -half-inch diameter deformed r enforcing bars. One bar shall be placed within four inches of the bottom of the foundation anq one within four inches of the top of the foundation. "4. Concrete door slabs on grade shall be cast on a four -inch fill of coarse aggregate or on a moisture barri' r membrane. The slabs shall be at least three and one-half inches thick and shall be rein ore d with welded wire mesh or deformed reinforcing bars. Welded wire mesh shall have a cr ss -sectional area of not less than five -hundredths square inch per foot each way. Reinforcig bars shall have a diameter of not less that three -eight inch and be spaced at intervals nc t exceeding 24 inches each way. "5. The soil clow an interior concrete slab shall be saturated with moisture to a depth of 18 inches pr�or to casting the concrete. Section 1505.1.1 - Amended "Section 1501.1.1 of the California Building Code as heretofore adopted, hereby is amended to rad, in words and figures, as follows: "Roof CoveOng Requirements. "Section 1505.1.1. The roof covering or roofing assembly on any structure regulated by this code shall as specific in Table 1505.1 and as classified in Section 1504. Noncombustible roof covering as de coed in Section 1504.2 may be applied in accordance with the manufacturer's requ0ements in lieu of a fire -retardant roofing assembly. Roofing shall be secured or fastened tolthe supporting roof construction and shall provide weather protection for the building at the roof. "Roof Cover�ngs Within Fire Zones. "Unless governed by more stringent requirements of this law, roofs on all buildings within all areas designated as a very high Fire Hazard Zone 4 by the Los Angeles County Fire Protection District, aid approved by the City Council, shall have at least a Class A roof 12 covering. "1. Section 1505. 1.1 is applicable to new buildings and to existing buildings when twenty-five percent ('25%) or more of the roof area is re -roofed within a one-year period after issuance of a building permit. "2. Section 11505.1.1 is not applicable to existing buildings under the operation of a license or which odvners have made applicable for licensure issued by the California Department of Sociall Services or the California Department of Health Service. "EXCEPTION: Existing buildings that have twenty-five percent (25%) or more of the roof area reroofed within a one-year period after the issuance of the building permit or after commencing cdnstruction, are required to be fire retardant by other provisions of this code. "3. The installer of the roof covering shall provide certification of the roof covering classification to the building owner and, when requested, to the inspection authority having jurisdiction." Section 1505.8 - Amended. "Section 150.8 of the California Building Code, hereby is amended by the addition of subparagraph 1505.8 to read, in words and figures, as follows: "1505.8 EXCEPTION: Except as required within Section 1505.1.1 of the California Building ode, as adopted by the City Council of the City of Diamond Bar, and notwithstanding anyl other provision of this Code, any existing roof covering not in conformity with this! Section may be repaired by the use of similar non -conforming roof covering materials 4ere the repair thereof does not exceed twenty-five percent (25%) of the existing gross roof 4ea; provided, however, that the twenty-five percent (25%) exception provided hereunder Tiiay be utilized only once in any twelve (12) month period time." Tabl� No. 1505.1 - Amended. "Table No. 1505.1 - Minimum Roof Classes of the California Building Code, as heretofore adopted b,y this Council, hereby is amended by deleting therefrom any and all references to "NR Non -rated roof coverings" and substituting therefor "C - Class C roofing." Section J101 - Amended "Section J1011 of Appendix J of the 2007 California Building Code hereby is amended by adding subsection J101.3, J101.4 and J101.5 to read, in words and figures; as follows: Section 3101.3 - Added 13 "Section J101.3. Hazardous Conditions. Whenever the City Engineer determines that any existing exe4vation, embankment or fill has become a hazard to life and limb, or endangers property, structures, or adversely affects the safety, use or stability of a public way or drainage channel, jhe owner of the property upon which the excavation, embankment or fill is located, or other person or agent in control of said property, upon receipt of notice in writing from the City Engineer shall within the period specified therein repair, reconstruct or remove such excavation, embankment or fill so as to eliminate the hazard. Section 3101.4 -Added "Section J10 .4. Maintenance of Protective Devices and Rodent Control. The owner of any propertyon which grading has been performed pursuant to a permit issued under the provisions Of this code, or any other person or agent in control of such property, shall maintain in god condition and repair all drainage structures and other protective devices and burrowing rodent control when shown on the grading plans filed with the application for grading permit and approved as a condition precedent to issuance of such permit. ion J101.5 - Added "Section J101.5. Correlation With Other Sections. The provisions of this section are independent of th provisions of Division 9, Building and Property Rehabilitation Code of Title 15 of the Diamond Bar City Code. n J102 - Amended "Section J10�1 Appendix J of the 2007 California Building Code hereby is amended by addition to and odification of definitions therein to read, in words and figures, as follows: "BUILDING OFFICI L. Whenever in Appendix J the term "building official" is used, said term shall mean, and all powers and duties to be exercised by the building official shall be vested in, the City Engineer of the City of Diamond Bar. i "CIVIL ENGINEERhall mean a professional engineer registered in the State of California to practice in the field of civil works. "CIVIL ENGINEE G shall mean the application of the knowledge of the forces of nature, principles of mechanics and the properties of materials to the evaluation, design and construction of civil cngineerina works. "ENGINEERING GliOLOGIST shall mean a person experienced and knowledgeable in engineering geology and holding a valid certificate of registration as a geologist issued by the State of California. 14 "LANDSCAPE ARCHITECT shall mean a person holding a valid certificate of registration as a landscape architbct issued by the State of California. "SLOPE shall mean'an inclined ground surface the inclination of which is expressed as a ratio of horizontal distance to vertical distance. "SOILS ENGINEER (GEOTECHNICAL ENGINEER) shall mean a civil engineer experienced and knowledgeable in the practice of soils (geotechnical) engineering and holding a valid certi cate of registration as a soil (geotechnical) engineer issued by the State of California. Section J103 - Amended "Section J10.1 of Appendix J of the 2007 California Building Code hereby is amended to read, in {vords and figures, as follows: "Section JIQ3.1. Permits Required. Except as exempted in Section J103 of Appendix J, no person shall do any grading without first obtaining a grading permit from the City Engineer. A sl parate permit shall be required for each site, and may cover both excavations and fill, except that a grading permit may be issued for a site to include incidental minor wotk outside the site on contiguous property, provided that the owner of such contiguous pro�ertyhas filed with the City Engineer written consent to the work. Such consent shall include a statement that the owner will irrigate and maintain planted slopes and maintain drains located within his property and the owner will hold the City of Diamond Bar free and clear of any;liability for damages to the proposed work. Secti#n J103.3 - Added "Section J103 hereby is amended by adding subsections J103.3, J103.3a and J 103.3b of Appendix J of the 2007 California Building Code to read, in words and figures, as follows: "Section J10� 3 Other Permits Required and Jurisdiction of Other Agencies. "Section JIW.3.a Other Permits Required. Permits issued under provisions of Appendix J convey 4o right to erect any foundation, structure or building, or construct any swimming pool, spa Or hot tub, or do any plumbing work, or do any electrical work. Regular foundation, structuro, or building; swimming pool, spa or hot tub; plumbing; electrical or other permits shall b� secured for all such work. "Section J10$.3.b Jurisdiction of Other Agencies. Permits issued under provisions of Appendix J shall riot relieve the owner of the responsibility for securing permits, licenses or approvals that may be required from other departments or divisions of the governing agencies. 15 Sectioi J103.4 - Added "Section J 103.4 of Appendix J of the 2007 California Building Code hereby is added to read, in words and figures, as follows: "Section J102.4. Grading Designation. Grading involving any fill intended to support structures, or yrading for the development of more than one lot or parcel, or grading in excess of 50 cubic 3 ards, or grading which includes excavation or fill in excess of 5 feet in depth or height shall b e performed in accordance with the approved grading plan prepared by a civil engineer, and s all be designated as "engineered grading". All other grading shall be designated as "regulai grading" unless the permittee chooses to have the grading performed as "engineered gradi g" or unless the City Engineer determines that special conditions or unusual hazards exist, in which case grading shall be designated as and conform to the requirements of "eng neered grading". J104 - Amended "Section J104 hereby is amended by adding subsection J104.5, J104.6, J104.6a, J 104.6b, J 104.7, J 1041.7a, and J 104.7b of Appendix J of the 2007 California Building Code to read, in words and fi4ures, as follows: Section J104.5 - Added "Section J104.5. Issuance. The provisions of Section 105.3 of the Appendix Chapter 1, of the 2007 California Building Code as duly adopted, are applicable to grading permits. The City Fngineer may require that grading operations and project designs be modified if delays occur which incur weather -generated problems not considered at the time the permit was issued. The City Engineeray require professional inspection and testing by the soils engineer. When the City Engi eer has cause to believe that geologic factors may be involved, the grading will be requi ed to conform to engineered grading. i The City Engineer m y require bonds in such form and amounts as may be deemed necessary to ensure that the v ork, if not completed in accordance with the approved plans and specifications, will b� corrected to eliminate hazardous conditions. In lieu of a *ety bond, the applicant may file a cash bond or instrument of credit with the City EnginO er in an amount equal to that which would be required in the surety bond. Section J104.6 - Added "Section J104.6 Denial of Permit. 16 "Section J10*6.a. Flood and Geologic Hazards. The City Engineer shall not issue a grading permit in any case where he finds that the work, as proposed by the applicant, is likely to adversely a ect the stability of adjoining property or result in the deposition of debris on any public vay or interfere with any existing drainage course or be in any area determined to be subj ct to flood or geologic hazard under provisions of Section 116 of the Appendix Chapter 1 the 2007 California Building Code, as duly adopted and amended. EXCEPTION 1: Thi prohibition shall not apply when provision is made to eliminate such flood or geologic hazard to the satisfaction of the City Engineer under the provisions of Section 116 of the Appendix Chapter I of the 2007 California Building Code, as duly adopted and amende . EXCEPTION 2: Thi�rohibition shall not apply when grading work in an existing drainage course is designed to eet all requirements for grading in drainage courses under the City's Hillside Management Ordinance and provision is made to the satisfaction of the City Engineer to adequately collect, convey and discharge flows through the project without increasing erosion orl deposition of debris or adversely affecting upstream or downstream properties. "Section 104..b. Land Use. The City Engineer shall not issue a grading permit for any work on the site nless the proposed uses shown on the grading plan for the site will comply with the pro inions of the Zoning Code Ordinance of the City of Diamond Bar. Section J104.7 - Added "Section J10#.7. Import and Export of Earth Materials in Excess of 10, 000 Cubic Yards. "Section J10 .7.a. Transport Over Public Maintained Streets. In addition to other provisions oft i s code, the following requirements shall apply when earth materials in excess of 10,000 cu is yards are to be exported from or imported to a grading site by transporting such materials over a publicly maintained street. The point oflaccess to the public street shall be located as approved by the City Engineer. 2. Special safety precautions, including, but not limited to, the access road approach grade and ali nment to the public street, sight distance at the intersection with the public street d traffic control devices may be required by the City Engineer. i "Section 110 .7.b Zoning Ordinance Compliance. No grading permit shall be issued for the import Or export of more than 10,000 cubic yards of earth material to or from a grading site where su�h work would be classified as an "off-site transport grading project" as defined in Title 22, Pntitled "Zoning Ordinance", of the County of Los Angeles, as duly adopted by the City �f Diamond Bar, unless the project is in conformance with Title 22. 17 Section 3105 — Amended "Section J105 2007 California Buil( "Section J10! r the engineering geo until the replacemen technical competence permittee to notify the of such grading. i J105.3 -Added -by is amended by adding subsection J105.3 to Appendix J of the Code to read, in words and figures, as follows: 3 Transfer of Responsibility. If the civil engineer, the soils engineer, ,)gist of record is changed during grading, the work shall be stopped has agreed in writing to accept their responsibility in the area of for approval upon completion of the work. It shall be the duty of the City Engineer in writing of such change prior to the recommencement J109 - Amended Sectio J109.5 - Added "Section J10 hereby is amended by adding subsection J109.5 of Appendix J of the 2007 California Buil ing Code to read, in words and figures, as follows: "Section J10 .5. Overflow Protection. Berms, swales or other devices shall be provided at the top o�verfiowing cut or fill slopes steeper than five horizontal to one vertical to prevent surface waters from onto and damaging the face of the slope. Gutters or other special drainage contols shall be provided where the proximity of runoff from buildings or other structures is su h as to pose a potential hazard to slope integrity. ion 3110 - Amended n J110.3 - Added "Section J1 10 hereby is amended by adding subsection J110.3, JI 10.3a, JI 10.3b, J110.3c J110.4, J110�,, a, JI 10.4b, J1 10.4c and JI 10.4d of Appendix J of the 2007 California Building Code to rea in words and figures, as follows: I'M 10.3. Te porary Erosion Control Precautions. Grading operations shall be planned to avoid the ainy season, October 15 and April 15. Grading permits shall only be issued when a plan or erosion control and silt retention has been approved by the city engineer. "J110.3.a. �he City Engineer shall not issue a grading permit for any work to be commenced between October 1 of any year and April 15 of the following calendar year, unless detail plans or such work include the details of protective measures, including distilling basins or other temporary drainage control measures, or both, as may be necessary IM to protect the adjoini�g public and private property from damage by erosion, flooding or deposition of debris which may originate from the site or result from such grading operations. If grading is begun prior to October 15, all protective measures shall be installed prior to October 15. If grading is begun on or after October 15, all protective measures shall be installed before grading is begun. All protective measures shall be maintained in good working order until Aril 15 of the succeeding year, where grading is done between October 15 and December 31 or until April 15 of the same year when grading is done between January 1 and April 15, unless their removal at an earlier date is agreed to by the City Engineer. All erosion control n1easures shall comply with any adopted National Pollutant Discharge Elimination System PDES) policies and standards of the City. "J110.3.b. Where a grading permit is issued and grading work commenced after April 15 and before October 1 of any year and the plans for such work do not include details of the protective mea ures described in section JI 10.3a, and it appears that the grading and installation of the permanent drainage devices as authorized by the permit will not be completed by Octob r 15, then, on or before October 1 the owner of the site on which the grading is being perfc rmed shall file or cause to be filed with the City Engineer revised detail plans which include etails of the protective measures described in, and in all other respects follow, the provision 3 of section JI 10.3a. "J110.3.c. E feet of Noncompliance. Should the owner fail to submit detail plans or to provide the pro ective measures required by sections JI 10.3a and JI 10.3b by the date specified therein, its all be deemed that a default has occurred under the conditions of the grading permit securi y. Thereupon the City Engineer may enter the property for the purpose of installing, by city 16rces or other means, the drainage and erosion control devices shown on the approved det it plans, or if there are no approved detail plans, as may be deemed necessary to protect djoining property from storm damage, or the City Engineer may cause the owner of the site o be prosecuted as a violator of this code, or he may take both actions. 10.4 - Added "Section J110.4 Permanent Erosion Control. "Section Jl 10.4a. Planting and Irrigation. The surface of all manufactured slopes shall be protected against damage by erosion by the installation of a permanent irrigation system and plantingwith ground cover, shrubs and/or trees which provide satisfactory long term erosion contro . Planting and plant materials shall be specified and installed in accordance with theHillside Management Ordinance of the City of Diamond Bar. The irrigation system shall provide adequate coverage and the proper application rate to maintain the appropriate moisfure for the establishment and proper growth of the plantings installed, but the irrigation sh4l not saturate the slopes or cause erosion. 19 "Section J119Ab. Planting and Irrigation Plans and Specifications. For grading which includes cut slpes more than 5 feet in height; or fill slopes supporting structures of more than 3 feet in height; or natural slopes disturbed more than 10 feet in superficial extent by the grading operations planting and irrigation plans and specifications shall be submitted for approval of the City Engineer and/or the Community Development Director. For all manufactured slopes >jnore than 20 feet in height or natural slopes disturbed more than 20 feet in superficial extent by grading operations plans shall be prepared and signed by a civil engineer or landscape architect. "Section J11Q.4.c. Rodent Control. All manufactured slopes steeper than four horizontal to one ve ical within a grading project adjacent to undeveloped or unoccupied land shall be protecte from potential slope damage by a preventative program of burrowing rodent control. "Section J110A.d. Release of Security. The planting and irrigation systems required by this section shall be installed as soon as practical after rough grading. Prior to final approval of grading and before the release of grading security, the planting shall be well established and grow ng on the slopes and, where required by subsection J 110.4.c, there shall be evidence of an of ctive rodent control program. J112 - Added "Section J1 1 1 hereby is added to Appendix J of the 2007 California Building Code to read in words and "Section JI , as follows: Completion of Work. "Section JI l .1 Final Reports. Upon completion of the rough grading work and at the final completion Of the work, the following reports and drawings and supplements thereto are required for engirieering grading or when professional inspection is performed for regular grading, as applicablb. 1. An as -built grading plan prepared by the civil engineer retained to provide such services showing ori incl ground surface elevations, as -graded ground surface elevations, lot drainage patterns, aW the locations and elevations of surface drainage facilities and of the outlets of subsurface drains. As -constructed locations, elevations and details of subsurface drains shall be show as reported by the soils engineer. Civil engineers shall state that to the best of their knowledge work within their area of responsibility was done in accordance with the final approved grading plan. 2. A report ptepared by the soils engineer retained to provide such services including locations and elevations of field density tests, summaries of field and laboratory tests, other substantiating data, 4nd comments on any changes made during grading and their effect on 20 the recommendations made in the approved soils engineering investigation report. Soils engineers shall submi I a statement that, to the best of their knowledge, the work within their area of responsibilities is in accordance with the approved soils engineering report and applicable provisions of this chapter. 3. A report p epared by the engineering geologist retained to provide such services including a final description of the geology of the site and any new information disclosed during the grading and the effect of same on recommendations incorporated in the approved grading plan. Engin ering geologists shall submit a statement that, to the best of their knowledge, the work within their area of responsibility is in accordance with the approved engineering geologis report and applicable provisions if this chapter. "Section J11 .2 Notification of Completion. The permittee shall notify the City Engineer when the grading operation is ready for final inspection. Final approval shall not be given until all work including installation of all drainage facilities and their protective devices, and all erosion -control measures have been completed in accordance with the final approved grading pla , and the required reports have been submitted. "15.00.330 1 Penalties for Violation of Division "It shall be unla provision, or to fail firm, partnership, or with their requirem thereof shall be puni imprisonment not e) such person, firm, pz each and every day o of this Division or tl person, firm, partnf provided in this Div Section 3: "Division 4 of and figures, as "Sections: "15.00.510 " 15.00.520 ul for any person, firm, partnership, or corporation to violate any comply with any of the requirements, of this Division. Any person, rporation violating any provision of this Division or failing to comply is shall be deemed guilty of a misdemeanor and upon conviction ted by a fine not exceeding One Thousand Dollars ($1,000.00) or by ;eding six (6) months or by both such fine and imprisonment. Each aership, or corporation shall be deemed guilty of a separate offense for any portion thereof during which any violation of any of the provisions Codes adopted hereby is committed, continued or permitted by such hip, or corporation, and shall be deemed punishable therefor as 15.00 of the Diamond Bar City Code is amending to read, in words N 4. MECHANICAL CODE California Mechanical Code - Adopted. Amendments 15.00.530 Penalties - Added. 15.00.510 1 Mechanical Code -Adopted. 21 "Except as hereinafter provided, the 2007 Edition of California Mechanical Code (Part 4 of Title 24 oft ie California Code of Regulations) and the Appendices thereto, which incorporates and anit rids the Uniform Mechanical Code, 2006 Edition, published by the International Confer nce of Building Officials, is hereby adopted by reference and incorporated herein a though fully set forth herein and shall constitute the Mechanical Code of the City. A copy o such Code has been deposited in the office of the City Clerk and shall be, at all times, main ained by the Clerk for use and examination by the public. 1115.00.520 1 Amendments Notwithstanding the provisions of Section 15.00.520, the California Mechanical Code is amended asfollows: 1 - Deleted. "Chapter 1 o the California Mechanical Code hereby is deleted, in its entirety. All administrative, perm tting and related requirements of said Chapter 1 of the California Mechanical Code sh 11 be governed by Division 2 of this Chapter. "15.00.530 1 Penalties for Violation of Division It shall be unla ul for any person, firm, partnership, or corporation to violate any provision, or to fail to comply with any of the requirements, of this Division. Any person, firm, partnership, or corporation violating any provision of this Division or failing to comply with their requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding One Thousand Dollars ($1,000.00) or by imprisonment not ex eeding six (6) months or by both such fine and imprisonment. Each such person, firm, paitnership, or corporation shall be deemed guilty of separate offense for each and every day oi any portion thereof during which any violation of any of the provisions of this Division or th Codes adopted hereby is committed, continued or permitted by such person, firm, partne ship, or corporation, and shall be deemed punishable therefore as provided in this Divilion. I Section 4• "Division 5 of Chap�erl5.00 of the Diamond Bar City Code is amending to read, in words and figures, as follo*s: D1VIWN 5. PLUMBING CODE "Sections: 22 "15.00.710 "15.00.720 "15.00.730 "15.00.71-0 "Except as hf (Part 5 of Title 24 of incorporates and an International Associ reference and incorf Plumbing Code ofth Clerk and shall be, a public. "15.00.720 N otwi is amended as California Plumbing Code - Adopted Amendments Section 10, 20 and 30 - Deleted. Section 321.0 - Added. Section 722.6 - Added. Penalties - Added. California Plumbing Code - Adopted. einafter provided, the 2007 Edition of the California Plumbing Code ie California Code of Regulations) and the appendices thereto, which nds the Uniform Plumbing Code, 2006 Edition, published by the :ion of Plumbing and Mechanical Officials, is hereby adopted by rated herein as though fully set forth herein and shall constitute the City. A copy of such Code has been deposited in the office of the City ill times maintained by the City Clerk for use and examination by the AmendmPnk the provisions of Section 15.00.720, the California Plumbing Code 1-D Chapter 1 of the California Plumbing Code hereby is deleted, in its entirety. All administrative, perrlitting and related requirements of said Chapter 1 of the California Plumbing Code shal be governed by Division 2 of this Chapter. Section 321.0 - Added. "Section 3210 is hereby added to the California Plumbing Code to read, in words, and figures, as follo s: "Section 32110 All new structures shall be equipped with an additional main for future use of reclaim d water for landscape irrigation systems". Section 722.6 - Added. "A new subsgction 722.6 hereby is added to Section 722 of the California Plumbing Code to read, in wor s and figures, as follows: Subsection "$22.6 No such excavation shall be left unattended at any time unless the permittee shall have first provided a suitable and adequate barricade to assure public safety". 23 "15.00.730 1 Penalties for Violation of Division It shall be unlawful for any person, firm, partnership, or corporation to violate any provision, or to fail to comply with any of the requirements, of this Division. Any person, firm, partnership, or corporation violating any provision of this Division or failing to comply with their requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be puni ed by a fine not exceeding One Thousand Dollars ($1,000.00) or by imprisonment not exceeding six (6) months or by both such fine and imprisonment. Each such person, firm, partnership, or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this Division or th Codes adopted hereby is committed, continued or permitted by such person, firm, partne ship, or corporation, and shall be deemed punishable therefor as provided in this Divi ion. Section 5: "Division 6 of Chapt05.00 of the Diamond Bar City Code is amending to read, in words and figures, as follo s: ION 6. ELECTRICAL CODE "Sections : "15.00.910 1 California Electrical Code - Adopted. 15.00.920 Amendments Articles 089 and 90 - Deleted. Section 110.14 - Amended. Section 334.10 (A&B) - Amended. Section 334.12(A) - Amended. Section 590.3 (B) - Amended. Table No.300.5 - Amended. "15.00.930 1 Penalties -Added. "15.00.910 j California Electrical Code -Adopted. "Except as hereinafter provided, the 2007 Edition of the California Electrical Code (Part 3 of Title 24 of the California Code of Regulations), including the appendices thereto, which incorporates t e National Electrical Code, 2005 Edition, published by the National Fire Protection Association, is hereby adopted by reference with the same force and effect as though set forth here n in full and shall constitute the Electrical Code of the City. A copy of such Code has been deposited in the office of the City Clerk and shall be, at all times, maintained by the Clerk for use and examination by the public. "15.00.920 Amendments 24 Notwithstanding the provisions of Section 15.00.920, the California Electrical Code is amended as follow : "15.00.920 1 Articles 089 and 90 - Deleted. "Articles 0890d 90 of the California Electrical Code hereby are deleted, in their entirety. All admini trative, permitting and related requirements of said Articles of the California Electrical ode shall be governed by Division 2 of this Chapter. Section 110.14 - Amended. "Section 110. 14 of the California Electrical Code, 2007 Edition, allowing the use of aluminum conductors shall be amended to read that no aluminum conductor smaller than No. 4AWG shall be used. Whenever any aluminum is utilized as herein permitted, the applicant shall be required to obtain, at applicant's expense, a separate Certificate of Inspection from a special inspector authorized by law to provide such inspections; no certificate of inspectilon shall be issued until after the on-site inspection. Section 334.10 (A &B) - Amended. "Section 33410 of the California Electrical Code, 2007 Edition, is hereby amended to read, in words an figures as follows: "Section 33z in normally dry loco in masonry block o moisture or dampnc "Section 33 concealed work in d masonry block or til nails or screws by a adobe, or similar fii 10(a) Type NM. Type NM Cable shall be permitted for concealed work on. It shall be permissible to install or fish type NM cable in air voids tile walls where such walls are not exposed or subject to excessive 10(b) Type MNC. Type NMC cable shall be permitted: (1) for moist, damp, or corrosive locations; (2) in outside and inside walls of (3) in a shallow chase in masonry, concrete, or adobe protected against eel plate at lease 1/16 inch (1.59 mm) thick and covered with plaster, Section 334.12(A) - Amended. "Section 331.12(a) of the California Electrical Code, 2007 Edition, is hereby amended to read, in ords and figures as follows: "Section 334.12 (a) TypeNM or NMC. Types NM and NMC cables shall not be used: (1) in any dwelling or structure exceeding three floors above grade; (2) as service -entrance cable; (3) in commercial anl industrial buildings. For the purpose of this article, the first floor of a building shall be that floor that has fifty percent or more of the exterior wall surface area level with or above finished grade. One additional level that is the first level and not designed for human habitation and used only for vehicle parking, storage, or similar use shall 25 be permitted Section 590.3(B) - Amended. "Section 527.3 of the California Electrical Code, 2007 Edition, is hereby amended to read: 30days. Temporary electrical power and lighting installations shall be permitted for a period not to exceed 30 day for holiday decorative lighting and similar purposes. Section Table No. 300-5 - Amended. "Table No. 30-5 of said California Electrical Code, 2007 Edition is hereby amended to read, in words and figures, as follows: "15.00.930 1 Penalties for Violation of Division It shall be unlawful for any person, firm, partnership, or corporation to violate any provision, or to fail to comply with any of the requirements, of this Division. Any person, firm, partnership, or corporation violating any provision of this Division or failing to comply with their requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be puni bed by a fine not exceeding One Thousand Dollars ($1,000.00) or by imprisonment not ex eeding six (6) months or by both such fine and imprisonment. Each such person, firm, paitnership, or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this Division or the Codes adopted hereby is committed, continued or permitted by such person, firm, partne ship, or corporation, and shall be deemed punishable therefore as provided in this Divi ion. Section 6• "Division 7 of Chap r15.00 of the Diamond Bar City Code is amending to read, in words and figures, as folio s: i DkVISION 7. UNIFORM HOUSING CODE "Sections: "15.00.1110 "15.00.1120 "15.00.1130 Uniform Housing Code - Adopted Amendments Chapter 1 - Deleted Penalties - Added "15.00.11101 Uniform Housing Code -Adopted. "The "Uniforlm Housing Code", 1997 Edition, hereby is adopted in its entirety as the 26 Housing Code of th� City of Diamond Bar, together with the amendments, additions, deletions and excepti ns set forth in this Division. "15.00.1120 1 Amendments. amended as follows. the provisions of Section 15.00.110, the Uniform Housing Code is Chapter 1 - Deleted. "Chapters 1 cf the Uniform Housing Code hereby is deleted, in its entirety. All administrative, perm tting and related requirements of said Chapters 1 of the Uniform Housing Code shall te governed by Division 2 of this Chapter. "15.00.1130 I Penalties for Violation of Division It shall be unlaNAful for any person, firm, partnership, or corporation to violate any provision, or to fail to comply with any of the requirements, of this Division. Any person, firm, partnership, or corporation violating any provision of this Division or failing to comply with their requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be puni ed by a fine not exceeding One Thousand Dollars ($1,000.00) or by imprisonment not exceeding six (6) months or by both such fine and imprisonment. Each such person, firm, partnership, or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this Division or th Codes adopted hereby is committed, continued or permitted by such person, firm, panne ship, or corporation, and shall be deemed punishable therefor as provided in this Divi ion. Section 7: 'Division 8 o Chapter 15.00 of the Diamond Bar City Code is amending to read, in words and figures, as follows: II»T10161,E:1 "Sections: "15.00.1310 "15.00.1320 "15.00.1330 "15.00.1310 SWIMMING POOL, SPA AND HOT TUB CODE Uniform Swimming Pool Spa and Hot Tub Code - Adopted. Part 1 - Deleted. Penalties - Added. Uniform Swimming Pool, Spa and Hot Tub Code - Adopted. "The "Unifo Swimming Pool, Spa and Hot Tub Code", 2000 Edition, published by the International Conference of Building Officials, hereby is adopted in its entirety as the 27 Swimming Pool, Spa and Hot Tub Code of the City of Diamond Bar, together with the amendments, additions, deletions and exceptions set forth in this Division. "15.00.1320 Amendments Notwithstanding the provisions of Section 15.00.1320, the California Plumbing Code is amended as follow: 15.00.1320 Part 1 - Deleted. i "Part 1 of the Uniform Swimming Pool, Spa and Hot Tub Code hereby is deleted, in its entirety. All administrative, permitting and related requirements of said Part 1 of the Uniform Swimming Pool, Spa and Hot Tub Code shall be governed by Division 2. "15.00.1330 1 Penalties for Violation of Division It shall be unlawful for any person, firm, partnership, or corporation to violate any provision, or to fail to comply with any of the requirements, of this Division. Any person, firm, partnership, or corporation violating any provision of this Division or failing to comply with their requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding One Thousand Dollars ($1,000.00) or by imprisonment not exceeding six (6) months or by both such fine and imprisonment. Each such person, firm, pailnership, or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this Division or th Codes adopted hereby is committed, continued or permitted by such person, firm, partne ship, or corporation, and shall be deemed punishable therefor as provided in this Division. Section 8. All inconsistencies between the Building Code, Electrical Code, Mechanical Code, and Plumbing Code, as adopted by this Ordinance, and the 2007 edition of the California Building Cocle, Electrical Code, Mechanical Code, and Plumbing Code, as set forth in Parts 2, 3, 4, and 5, respectively, of Title 24 of the California Code of Regulations, are changes, modifi ations, amendments, additions or deletions thereto authorized by California Health an Safety Sections 17958.5 and 17958.7. Section 9. To tl previous provisions construed as contini Section 10. If an, of this Ordinance of such invalidity shall part thereof or exhib that it would have p; or phrase hereof, i extent the provisions of this Ordinance are substantially the same as F the Diamond Bar Municipal Code, these provisions shall be of those provisions and not as new enactments. section, subsection, subdivision, paragraph, sentence, clause or phrase any part hereof or exhibit hereto is for any reason held to be invalid, iot affect the validity of the remaining portions of this Ordinance or any t thereto. The City Council of the City of Diamond Bar hereby declares ;sed each section, subsection, subdivision, paragraph, sentence, clause -espective of the fact that any one or more sections, subsections, 28 subdivisions, paragraphs, sentences, clauses or phrases be declared invalid. Section 11. This o dinance shall be effective upon adoption and shall become operative on this _ day of 2007. The provisions of the Building Code in effect prior to the effective date of this Ordinance shall continue to govern construction for projects as to which plans were submitted for plan check prior to the effect date of this Ordinance, and for which the initial permit is is ped not later than ninety (90) days after said effective date. PASSED, ADOPTED AND APPROVED this 6th day of November 2007. Steve Tye, Mayor I I, TOMMYE CRIBBINS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Diamond Bar held on the �TH day of November, 2007, and was finally passed at a regular meeting of the City Council bf the City of Diamond Bar held on the _ day of 2007, by the following vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: ATTEST: 29 City Clerk City of Diamond Bar RESOLUTION NO. 2007 -XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR MAKING EXPRESS FINDINGS AND DETERMINATIONS THAT MODIFICATIONS TO THE CALIFORNIA BUILDING CODE, CALIFORNIA PLUMBING COD , AND CALIFORNIA ELECTRICAL CODE, AS ADOPTED BY ORDINANCE NO. X (2007) ARE REASONABLY NECESSARY BECAUSE OF LOCAL CLIMATIC, GEOLOGICAL OR TOPOGRAPHICAL CONDITIONS. A. RECITALS (i) California HE 'alth and Safety Code Section 17922 requires all cities to adopt, as the City Building StandE rds Code, the State Building Standards Code adopted pursuant to the provisions of ChaptE r 4 of Part 2.5 of Division 13 of the California Health and Safety Code. (ii) Section 17958.5 of the California Health and Safety Code provides, in pertinent part, as follows: "...a city or county may make such changes or modifications in the requirement3 contained in the provisions published in the State Building Standards ode and the other regulations adopted pursuant to Section 17922 as it determines, pursuant to the provisions of Section 17958.7, are reasonably Tecessary because of local climatic, geological or topographical conditions." (iii) Prior to ma ing the modification permitted under Section 17958.5 of the California Health and Saf ty Code, this Council is required to make an express finding that such modifications or ch nges are reasonably necessary. (iv) This Councidesires to amend the provisions of sections 1805.10, 1505.1.1, 1508, Table No. 1505.1, nd appendix J of the "California Building Code", 2007 Edition. (v)This Council defres to amend the provisions of Sections 321.1 and 722.6 of the "California Plumbing Cod ", 2007 Edition. (vi)This Council desires to amend the provisions of Section 110.14, 334.10 (A&B), Section 334.12 Section 590.3 (B) and Table No. 300.5 of the "California Electrical Code", 2007 Edition. (vii) All legal prerequisites to the adoption of this Resolution have occurred. B. RESOLUTION NOW, THEREFO In all res 2. This Council set forth in this Ordinance "California Building Code' Plumbing Code", 2007 E geological or topographic the following more specifi, a. The I similar weak geological m stable fill and alluvial ma terms of physical support movement. b. The promotes expansion an expansive type soil. C. Bec the City of Diamond Bar the unstable soil areas excavation and grading natural earth expansion , be it found, determined and resolved as follows: as set forth in the Recitals, Part A, of this Resolution. loes hereby expressly find and determine that the amendments XX (2007) amending Section 1805.10 and appendix J of the 2007 Edition, and adding subsection 722.6 of the "California lition, are reasonably necessary because of local climatic, onditions. This express finding is supported and based upon findings and determinations: Isides in Diamond Bar are composed of Puente Formation, and terials, while neighboring flatland areas are composed of more ;rials. These materials may be naturally unstable or weak in These highly expansive soil conditions are vulnerable to earth ity of Diamond Bar experiences diverse temperatures, which contraction of the soil. This condition is very damaging to ase of the above-described climatic and geological conditions, quires special engineering to support habitable structures within d requires additional measures to be taken in connection with private properties. This will decrease possible damage due to A seismic activity. 3. This Counci does hereby expressly find and determine that the amendments set forth in Ordinance No. XX (2007), amending Sections 1505.1.1., 1508, and Table No. 1505.1 of the "California Building Code", 2007 Edition, are reasonably necessary because of local climatic, geologic A or topographic conditions. This express finding is supported and based upon the folloyving more specific findings and determinations: a. Loc< surrounding cities, are nu of thinly cut pieces of we wood shingles. These ur nature. b. The in an area climatically cl, due to the and nature of warm and dry. The do undeveloped hillsides ar J throughout the City of Diamond Bar, as well as in the Brous concentrations of structures which have roofs constructed , otherwise known as untreated shakes, as well as untreated ated wood shakes and shingles are extremely combustible in ;ity of Diamond Bar, as well as the surrounding cities, is located sified as "arid" and prone to winds of high velocity. Moreover, ie area, the weather during the windy periods tends to be very weather conditions are very hazardous to the surrounding wild lands which neighbor highly populated areas. C. Because of the above-described climatic and meteorological conditions, the City of Dia and Bar and the surrounding cities have historically suffered from occasional structuraland brush fires. These have often been difficult to control due to the high velocity, dry winds carrying sparks and cinders to surrounding structures with roofs constructed as described in paragraph 3.a. above. 4. This Council does hereby expressly find and determine that the amendments set forth in Ordinance No XX (2007), amending Appendix J of the "California Building Code", 2007 Edition, are teasonabiy necessary because of local climatic, geological, or topographic conditions. T is express finding is supported and based upon the following more specific findings andl determinations: a. The C ity of Diamond Bar is located in a seismically active area and is in close proximity to ear& quake fault zones (Whittier fault, just south of Tonner Canyon; Chino fault passes within a mile of the city's eastern boundary), and it is reasonably foreseeable that an earthquake would render the City of Diamond Bar particularly vulnerable to devastatio . Further, the City of Diamond Bar is bisected by major freeways, located primari y in a north -south direction. Substantial numbers of flood control facilities additionally exist, as well as freeway overpasses and major railroad right-of-ways. b. Because of the above-described geological conditions within the city, and the substantial amount of freeway, railroad, and flood control facilities throughout the community, the City of Diamond Bar, in the event of an earthquake, may be unable to dispatch an adequate r umber of fire personnel and apparatus to suppress fires and conduct rescue operations. Moreover, the conditions within Diamond Bar likewise occur in surrounding communities, hereby rendering mutual aid assistance problematic, at best. C. Furthermore, climatic conditions within the community render it extremely likely that, in tV a event of seasonal high winds and earthquake occurring, the County Fire Department ould be unable to suppress numerous fires occurring throughout the community. 5. This Council does hereby expressly find and determine that the amendments set forth in Ordinance No 07 (2007), amending Section 321.0 of the "California Plumbing Code", 2007 Edition, are reasonably necessary because of local climatic, geological or topographical conditions. This express finding is supported and based upon the following more specific findings an determinations a. The City of Diamond Bar is subject to drought conditions. Its water provider, the Metropolitan Water District, may restrict local water supplies in such cases and impose surcharges on water supplied in excess of these levels. As water supplies are restricted further and the price of water rises, the City of Diamond Bar will find it difficult to maintain hillside erosion pontrol and the general quality of life in our community will suffer. 3 b. Because of the above-described climatic condition affecting the City of Diamond Bar, the need for alternative methods of providing landscape irrigation is enormous. The use of reclaimed water will help to meet this demand, now and in the future. 6. This Council does hereby expressly find and determine that the amendments set forth in Ordinance No. XX (2007), amending Sections 110.14, 334.10 (A&B) 334. 12, 590.3 (B), and Table No. 300.5 of the "California Electrical Code", 2007 Edition, are reasonably necessary because of local climatic, geological or topographical conditions. This express finding is sup orted and based upon the following more specific findings and determinations: i a. As found in paragraph 4.b., the City of Diamond Bar is located in a seismically active area and is in close proximity to earthquake fault zones (Whittier fault, just south of Tonner Canyon; Chino fault passes within a mile of the city's eastern boundary), and it is reasonably foreseeable that an earthquake would render the City of Diamond Bar particularly ulnerable to devastation. Further, the City of Diamond Bar is bisected by major freeways, located primarily in a north -south direction. Substantial numbers of flood control acilities additionally exist, as well as freeway overpasses and major railroad right-of-ways. b. Bec use of the above-described geological conditions within the city, and the substantial amount of freeway, railroad, and flood control facilities throughout the community, the City of Diamond Bar, in the event of an earthquake, may be unable to dispatch an inadequate number of fire personnel and apparatus to suppress fires and conduct rescue operation . Moreover, the conditions within Diamond Bar likewise occur in surrounding communitie , hereby rendering mutual aid assistance problematic, at best. C. Furt conditions within the corr winds and earthquake oc numerous fires occurrin wiring is essential in the occupancy buildings. ADOPTED AND ermore, as found in paragraph, 2.b., of this Resolution, climatic nunity render it extremely likely that in the event of seasonal high :urring, the County Fire Department would be unable to suppress throughout the community. Therefore protection of electrical above described events and this protection is magnified in high ROVED this _day of, 2007. Mayor 12 I, TOMMYE CRIBBI S, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, adopted and approved at a regular meeting of the City Council of the City of Diamond Bar held on the 6th day of November 2007, by the following vote: AYES: COUNCILMEMBERS: NOES: COUI$ICILMEMBERS: ABSENT: COLIOCILMEMBERS: ABSTAIN: COU CILMEMBERS: ATTEST: City Clerk of the City of Diamond ear 5 �I Ir�tilO�D 21825 COPLEY _ DIAMOND BAR, CA 91765 CITY OF DIAMOND BAR NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN THAT THE CITY OF DIAMOND BAR CITY COUNCIL will conduct a public hearing to consider the following: PROPOSAL: ADOPTION OF ORDINANCE AMENDING TITLE 15 OF THE DIAMOND BAR CODE ADOPTING BY REFERENCE THE "CALIFORNIA BUILDING CODE", 2007 EDITION VOLUMES 1 AND 2 APPENDIX CHAPTER 1 AS THE ADMINISTRATION CODE INCLUDING ALL APPENDICES THERETO, THE "CALIFORNIA MECHANICAL CODE", 2007 EDITION AND THE APPENDICES THERETO, THE "CALIFORNIA PLUMBING CODE", 2007 EDITION AND THE APPENDICES THERETO, THE "CALIFORNIA ELECTRICAL CODE", 2007 EDITION AND THE APPENDICES THERETO, "THE UNIFORM HOUSING CODE", 1997 EDITION AND THE APPENDICES THERETO AND THE "THE UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE", 2000 EDITION TOGETHER WITH CERTAIN AMENDMENTS, ADDITIONS, DELETIONS AND EXEP70NS INCLUDING FEES AND PENALTIES. TIME OF HEARING: 7:00 p.m. (oras soon thereafter that the mattercan be heard) DATE OF PUBLIC HEARING: Tuesday, November 6, 2007 LOCATION: South Coast Air Quality Management District Auditorium 21865 Copley Drive Diamond Bar, California 91765 If you are unable to attend the public hearing, but wish to send written comments, please write to the Diamond Bar Community Development Services Department/Building Division at the address given below. You may also obtain additional information concerning this issue by phoning (909) 839-7020. If you challenge the adoption in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City of Diamond Bar Community Development Department./Building Division. MATERIALS: A full , true and correct copy of each of said California Code proposed to be adopted and copies of any secondary codes to be incorporated directly or indirectly therein by reference, are on file with the City Clerk of the City of Diamond Bar and are open to public inspection. VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL 1' Z TO: CITY CLERK :f FROM: r DATE: ADDRESS: PHONE: ORGANIZATION: AGENDA NSUBJECT: I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signature TO: FROM: ADDRESS: ORGANIZATION: VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL / A,,O l AGENDA #/SUBJECT: CITY CLERK DATE: SA4>oclv�� �n�� PHONE: q,2 --i 7 3 7616) I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. .'I.._._. _ FE; TO: FROM: ADDRESS: ORGANIZATION: VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL Y AGENDA #/SUBJECT: CITY CLERK r( S DATE: 11-4-0 Z 3-31 E %Zw`a.nd Cwi-Aa-) CA PHONE: FX6-5139 Alne,r'ic.Q i Cancer 3r41 I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. ignature VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL \, TO: CITY CLERK FROM: DATE: ADDRESS: ! i r J " *._. �` • PHONE: ORGANIZATION: AGENDA #/SUBJECT::. I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signature