HomeMy WebLinkAbout12/21/2010City Council Agenda
Tuesday, December 21, 2010
PLEASE NOTE" The Closed Session and Study Session will convene in the First Floor
Multipurpose Room located at 21810 Copley Drive, Diamond Bar, CA 91765 at the hour listed below
5:00 p.m. - Closed Session
5:15 p.m. — Study Session
.6:30 o.m. Regular Meeting
The Government Center
South Coast Air Quality Management District/
Main Auditorium
21865 Copley Drive, Diamond 8ar, CA 91765
Steve Tye Ling -Ling Chang
Mayor Mayor ProTem
Ron Everett Carol Herrera Jack Tanaka
Council Member Council Member Council Member
City Manager James DeStefano City Attorney Michael Jenkins City Clerk Tommye Cribbins
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inspection. If you have questions regarding an agenda item, please contact the City Clerk at (909) 839-7010 during regular business hours.
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DIAMOND BAR CITY COUNCIL MEETING RULES
Welcome to the meeting of the Diamond Bar City Council. Meetings are open to the public and are
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CITY OF DIAMOND BAR
CITY COUNCIL AGENDA
December 21, 2010
Next Resolution No. 2010-42
Next Ordinance No. 07 (2010)
PLEASE NOTE" The Closed Session and Study Session will convene in the
First Floor Multipurpose Room located at 21810 Copley Drive, Diamond 'Bar, CA
91765 at the hour listed below
CLOSED SESSION: 5:00 p.m. - Multipurpose Room
Public Comments on Closed. Session Agenda;
Government Code Section; 54956.8
Property Address: 21865_ Copley Drive, Diamond Bar
Agency Negotiator: City Manager
Negotiating Party: South Coast Air Quality Management District
21865 Copley Drive
Diamond Bar, CA 91765
Under Negotiation:.' Price and Terms of Payment
STUDY SESSION: 5:15 p.m. - Multipurpose Room
6► Report from City Consultants regarding Funding Measure for future
Parks and . Recreation Capital Improvements Discussion and
Action.
Status Report on New City Hall and Proposed Library - Discussion
and Possible Action.
INVOCATION:
ROLL CALL:
Ahmad H. Sakr, PhD.
Islamic Education Center
Council Members Everett, Herrera,
Tanaka, Mayor Pro Tem Chang, Mayor
Tye
APPROVAL OF AGENDA: ` Mayor
1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: None.
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
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December 21, 2010 PAGE 3
6.CONSENT CALENDAR:
6.1
City Council Minutes - Regular Meeting of December: 7, 2010— Approve
as Submitted.
6.2
Traffic and Transportation Commission Minutes - Regular Meeting of
September 9, 2010 — Receive and File.
6.3
Planning Commission Minutes:
(a) Regular Meeting of October 12, 2010 - Receive and File.
(b) Regular Meeting.of October 26, 2010.— Receive and File.
6.4 `
` Ratification of Check Register' - Dated December12, 2010 through
December 15, 2010 totaling $593,532.88.
Requested by: Finance'Department
6.5
Second Reading of Ordinance No. 06 .> (2010): An Ordinance
Amending Title 15 of the Diamond Bar Code Adopting, by Reference,
The "California Building Code", 2010 Edition,: Volumes 1 and 2,
Including Appendices -C,I, and J'Thereto, Chapter 1 Division II of The
2010 California Building Code as, the Administrative Code; the
"California Mechanical Code", 2010 Edition and the Appendices
Thereto, the "California Plumbing Code'.', 2010 Edition and The
Appendices Thereto, the "California Electrical Code", 2010 Edition
and the Appendices Thereto, the "California Residential Code", 2010
Edition, Including Appendices G, H, J, K and O Thereto,' The.
"California Green Building - Code" 2010 Edition Without The
Appendices Thereto, Together with Certain Amendments, Additions,
Deletions and Exceptions Including Fees and Penalties.
Recommended Action: Adopt.
Requested by: Community Development Department
6.6
Approval of Adjourning the December 21, 2010 City Council Meeting
to January 18 2011.
Recommended. Action: Approve.
Requested by: City Manager
December 21, 2010 PAGE 4
7. PUBLIC HEARINGS: 7:00 p.m., or as soon thereafter as matters may be heard.
7.1 ContinuedPublic Hearing — A Continued Public Hearing to Consider
Various Actions Pertaining to Site D (a Site Comprised of
Approximately 30.36 Acres Located at the Southeast Corner of Brea
Canyon Rd. and Diamond Bar Blvd., Diamond Bar, California
(Assessors Parcel Numbers 8714-002-900,.8714-002-901, 8714-002-
902, 8714-002-903 and 8714-015-001) Including General Plan
Amendment No. 2007-03, Zone. Change No. 2007.04, Specific Plan
No. 2007-01 ("Site D Specific Plan"), Tentative Tract Map No. 70687,
and Consideration of Certification of Environmental Impact Report
2007-02 (SCH No. 2008021014).
Recommended Action: Receive Staff's Report; Receive Public Testimony;
and continue the Public Hearing to a date uncertain.
Requested by: Community Development Department
8. ` COUNCIL CONSIDERATION:
8.1. Approval of Amendment No. 3 to the Memorandum of Understanding
(MOU) between the Walnut Valley Unified School District and the City
of Diamond Bar Related to the Site D Specific Plan.
Recommended Action: Approve.
Requested by: City Manager
8.2 Approval a Professional Services Agreement with Environmental
Impact Services (EIS) in the Amount of $74,578 ;to Update the
Environmental Impact Report for the Site D Specific Plan.
Recommended Action: Approve.
Requested by: Community Development Department
8.3 Ratify City Council Committee Appointments and Adopt Resolution
No. 2010 -XX: Confirming the Appointment of Specific,
Representatives to the San Gabriel Valley Council of Governments.
Recommended. Action: Ratify and Adopt.
Requested by: Mayor Tye
9. COUNCIL SUB -COMMITTEE REPORTS/COUNCIL MEMBER COMMENTS:
10: ADJOURNMENT: -
CITY CCT TNCTL
Agenda # yStudy Session No.
Meeting Date: December 21 2010
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TO: Honorable Mayor and Members of the City Council
VIA: James DeStefano, City Manager
TITLE: Status Report on the New City Hall and Proposed Library
RECOMMENDATION:
Accept presentation
LIBRARY
Since the last update on the. proposed Library the following action items have been
accomplished:
• Council approved LPA to provide design services for the,proposed approximately
23,000 sq. ft. library (including shared space such as the large community room,
bathrooms, and hallways).
• Council approved contract with Library consultant Linda Demmers.
• Verbal Commitment from Supervisor Knabe to fund the design.
• Staff has been working with County Library and County. CAP staff to complete
the design reimbursement agreement. I Recently, staff was notified by the County
that a funding agreement would be presented to the Board of Supervisors in
January (tentatively scheduled for January 11th). Once approved by;the Board,
all of the funds necessary for design ($333,000) will be transferred to the City.
This will eliminate the need for the City to i wait for reimbursement from the
County. At this time, it does not appear that Council action will be required.
• Architect, City and County staff met with the Friends of the Library to present a
conceptual plan and get input on the design of the library.
• At a recent meeting of City staff, library staff, and the architect the conceptual
design for the library was discussed. There is still some discussion necessary
regarding the County staff work area but that should be resolved in the upcoming
weeks: Once the staff work area issues are resolved, conceptualplan will be
finalized and the library will move into schematic design.
• Earlier this week City staff and the County Librarian met to discuss the proposed
operating agreement. The City, was presented with a shell agreement with. the
details to be included and. returned to us in January. The main deals points
discussed were rent, maintenance, custodial, and utilities costs;
telecommunications, collection, staffing, commitment to remain in the County
system; and the continued level of service to the community. Once the details
are further refined, staff will present a Memorandum of Understanding between
the City and County for Council consideration. It is anticipated 'this will occur in
the spring.
Next Steps
• Finalize MOU between City and County
Complete Schematic Design and get approval from County Librarian
• Complete Construction Documents and receive approval from County Supervisor
to move ahead with construction.
• Go out to bid for construction and construction management services.
• Hire General Contractor and move into construction
CITY HALL
On August 17, 2010 the City Council awarded a contract to LPA for architectural
services for the new City Hall facility. Since that time the following action items have
been accomplished:
• Staff and the architect met to discuss the overall philosophy of the project, review
the scope of services, and finalize project budget.
• A series of meetings were held with the architect and every City department to
get input from every City employee with respect the design of their work space,
the public space, and the shared employee space.
• Conceptual design plans have been drawn, reviewed and revised to maximize
the efficiency of the work areas and minimize construction costs.
Provided there are no changes,' requested by the Council tonight; conceptual
plans are. final.
- • External survey data has been collected to verify existing grades in order to meet
ADA requirements for site improvements.
• Staff has discovered existing conduits between 21810 Copley and 21990 Copley
Drive (building located near the corner of Golden Springs and Copley). Staff is
currently working with the owner of that property to acquire the"conduits: If we
are successful in acquiring these conduit runs, we can save approximately
$100,000.in'telecommunication relocation costs:
Next Steps
• Conceptual plansare released to the various engineers for review, evaluation,
and modifications.
• Have the revised engineered conceptual plans reviewed by a cost estimator to
verify the project is within budget, and perform. value`' engineering, if`the project
exceeds budget.
• Complete Schematic design including the specific design of the EOC, Broadcast
Room, Traffic Control Center and the large shared` community room on the first
floor.
• Developa detailed FFE Furniture,' Fixtures and Equipment) list and associated
� q, ,
budget:
• Complete, construction documents
Agenda No. 6.1
MINUTES OF THE CITY COUNCIL
REGULAR MEETING OF THE CITY OF DIAMOND BAR
DECEMBER 7, 2010
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D '%'SAI
CALL TO ORDER: Mayor Herrera called the Regular City Council
meeting to order at 6:30 p.m. in The Government Center/SCAQMD Auditorium, 21865
Copley Dr., Diamond Bar, CA..
PLEDGE OF ALLEGIANCE: Mayor Herrera led the Pledge of Allegiance.
INVOCATION: Monsignor Loughnane, St. Denis Catholic Church,
gave the invocation.
ROLL CALL: Council Members Ling -Ling Chang, Ron Everett Jack
Tanaka, Mayor Pro Tern Steve Tye and Mayor Carol Herrera.
Staff Present: James DeStefano, City Manager; David Doyle,
Assistant City Manager; Michael Jenkins, City Attorney; Ken Desforges, IS Director;
David Liu, Public Works Director; Bob Rose, Community Services Director; Linda
Magnuson, Finance Director; Greg Gubman, Community Development Director; Rick
Yee; Senior Civil Engineer; Kimberly Molina, Associate Engineer; Ryan McLean,
Assistant to the City Manager; Marsha Roa, Public Information Manager; Cecilia
Arellano, Public Information Coordinator; Lauren Hidalgo, Public Information Specialist;
Christian Malpica Perez, Associate Engineer (Traffic); and Marcy Hilario, Senior
Administrative Assistant.
APPROVAL OF AGENDA: As Presented.
SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
1.1 City Council Members presented a City Tile to Linda Magnuson, Finance
Director, upon the occasion of her retirement following 21 years of service
to the City of Diamond Bar. Additional presentations were made by
representatives from Senator Bob Huffs office, Congressman Gary.
Miller's office, Supervisor, Don Knabe's office and Assemblyman Curt
Hagman's office.
2. CITY MANAGER REPORTS AND RECOMMENDATIONS:
2.1 Traffic Management Program PowerPoint Presentation by Public
Works Department.
SCE/Yee updated the City Council on the City's Traffic Management
Program, current traffic challenges and proposed future responses. He
spoke about lack of freeway connectors, a limited number of. cross town
arterials and a limited number, of connector,. roads and highlighted
accomplishments including the Citywide traffic signal synchronization
project; traffic signal interconnect; installation of eleven traffic., signal
battery backup systems (eight additional planned for this fiscal year);
Closed circuit TV cameras (CCTV) at eight locations providing "real time"
video to City Hall (three additional proposed locations for the next fiscal,
DECEMBER 7, 2010 PAGE 2 CITY COUNCIL'
year), and, video detection integration. SCE/Yee outlined challenges staff
dealt with prior to implementation of the Traffic Management System
(TMS), the primary purpose of which is to provide remote communication
between the traffic signals along the City's major arterials and City Hall.
Upon full implementation the TMS will provide a valuable tool for
monitoring the City's traffic signals enabling immediate detection of signal
malfunctions and allowing for signal timing changes to be performed
remotely from City Hall. He explained the capabilities and the two-
pronged approach to maintaining the system. Staff plans to continue
implementing the existing maintenance program to address signal
equipment failures; staff will develop and refine additional traffic response
timing plans; continue to coordinate with LA County Department of Public
Works to complete the Traffic Signal Controller Program upgrades; staff
continues'working with Cal Trans to provide real time operating data for
the on/off ramp signals to help coordinate signals. He presented a video
that showed how the system performed.
C/Everett commented that residents regularly complain that a particular,
intersection is always stuck (on red) and asked if the system would either
educate drivers or resolve the concern.
SCE/Yee responded that the condition is usually a result of some kind of
detection error and the technician is usually sent into the field to address
those issues. The system is able to detect "stuck detectors (whether they
I re in the on or off position) and can determine when vehicles are passing
or not passing through' the detection zone. Late at night when there are
few vehicles on the street there may not be a problem with the system.
However; there is a feature that allows the system to be calibrated to use
the system to help aid and detect those kinds of issues.
C/Everett asked if there was a system in place, or planned, to allow
drivers to email or call a central location to report a problem and then to
provide feedback to the resident that complained that the problem has
been addressed.
SCE/Yee explained that residents are not shy about communicating such
matters to staff. Staff often gets calls regarding signal problems and staff
follows up on every call received. if C/Everett is suggesting that the public
be able to interface directly with the system that would not be feasible. At
this point the system is intended for staff's technical use.
MPT/Tye asked SCE/Yee to verify that the cameras are intended to detect
the flow of traffic and are not red light cameras.
SCE/Yee responding to MPT/Tye stated that he was absolutely correct.
DECEMBER 7, 2010 PAGE 3 CITY COUNCIL
MPT/Tye stated that as one looks eastbound and can view traffic at great
length, if staff determined that traffic was backed up toward the park could
staff manipulate the signals to relieve that situation.
SCE/Yee responded that staff has the ability to manipulate timing
adjustments remotely. In situations such as MPT/Tye is describing staff
looks at things in context because when adjustments. are made at a
certain signal it can then affect other legs of the intersection.. Every time
staff does something to benefit traffic in one direction there is a sacrifice to
another leg.
MPT/Tye asked if staff was aware of road work and how it would impact
traffic such as construction closing down the lanes- to one lane on
westbound Golden Springs across from Sycamore Canyon Park and
southbound Diamond Bar Boulevard just before reaching Brea Canyon.
SCE/Yee responded that the Department of Public Works controls all
permitting within the public right-of-way and the department is aware of
work being performed -and those issues are taken into, consideration in
issuing permits and restricting timeframes.
2.2 City. Council Reorganization:
M/Herrera thanked her colleagues for allowing her to: serve the City as
Mayor 'during '-the past year. Diamond Bar has remained in a
comparatively healthy` economic' situation,, because it has "made sound ,
decisions. During this time the City was able to purchase a building and
for the first time in 21 year. D.B. will no longer be renting space but owning
its space, which will ultimately save, the City hundreds of thousands of
dollars a year. She is hopeful that the LA County Library will occupy the
first floor because it will be another wonderful achievement for the City.
The current library is 9,000 square feet with, 35 parking spaces on Grand
Avenue and the new location offers the library 18,000 square feet with
more than 200 parking spaces for the building.
2.2(a) Selection of Mayor
- M/Herrera opened nominations for. Mayor.
C/Chang nominated C/Tye to serve as Mayor. C/Everett seconded
the nomination. There were no other nominations offered.
; C/Tye was affirmed as Mayor.
By acclamation
2.2(b) Selection of Mayor Pro Tem
M/Tye opened nominations for Mayor. Pro Tem.
DECEMBER 7; 2010 PAGE
4 CITY COUNCIL
5. SCHEDULE OF FUTURE EVENTS:
5.1 Traffic and Transportation Commission: Meeting -- December, 9, 2010 -
7:00 p.m.,' AQMD/Government Center Hearing Board Room, 21865
Copley Drive.
5.2 Planning Commission Meeting = December 14; 2010 7:00 p.m.,
AQMD/Government Center Auditorium, .21865 Copley Drive.
5.3 City Council Meeting - December 21, 2010 - 6:30 p.m.,
AQMD/Government Center Auditorium, 21865 Copley Drive.
5.4 Christmas Holiday - December 23 and 241 2010 City Offices .closed in.
observance of the Christmas Holiday. City Offices reopenMonday,
December 27, 2010 at 7:30 a.m.
6. 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: Everett, Herrera, Tanaka, MPT/Chang,
M/Tye
NOES: COUNCIL MEMBERS: None
ABSENT: ` ` COUNCIL MEMBERS: None
6.1. CITY COUNCIL MINUTES Regular Meeting of November 16, 2010
Approved as corrected.
6.2 - PARKS AND RECREATION COMMISSION MINUTES:
6.2.1 Regular Meeting of September 23, 2010 — Received and filed.
6.2.2 Regular Meeting of October 28, 2010 Received and filed.
6.3 RATIFIED CHECK ' REGISTER. DATED ..November 10, 2010 through
December 1, 2010, totaling $1,331.,690.69.
6.4 APPROVED TREASURER'S STATEMENT — Month of October 2010 and
Revised 'Treasurer's Statements_ of June,' July, August and September
2010.
6.5 APPROVED APPLICATION TO. BE. RECERTIFIED AS A TREE CITY'
USA CITY F
OR 2010 (10T" YEAR) AND AUTHORIZED THE MAYOR TO SIGN THE.
APPLICATION.
6.7 ADOPTED RESOLUTION NO. 2010-39: RESCINDING RESOLUTION
NO. 2003-47 IN ITS ENTIRETY<AND RE -AUTHORIZING INVESTMENT.
OF 'MONIES IN THE LOCAL AGENCY INVESTMENT FUND, AND
CHANGING THOSE AUTHORIZED TO MAKE DEPOSITS AND
DECEMBER 7, 2010 PAGE 6 CITY COUNCIL
WITHDRAWALS OF MONIES.
6.8 AWARDED DESIGN AND CONSTRUCTION ADMINISTRATION
SERVICES CONTRACT FOR RESIDENTIAL AREA 7 AND ARTERIAL
ZONE 5 (INCLUDING DIAMOND BAR BOULEVARD FROM SUNSET
CROSSING ROAD TO TEMPLE AVENUE) ROAD MAINTENANCE
PROJECT TO ONWARD ENGINEERING IN THE AMOUNT OF $85,560
AND AUTHORIZED A CONTINGENCY AMOUNT OF $8,600 FOR
CHANGE ORDERS TO BE APPROVED BY THE CITY MANAGER FOR
A TOTAL AUTHORIZATION AMOUNT OF $94,160.
MATTERS WITHDRAWN FROM CONSENT CALENDAR:
6.6 ADOPT RESOLUTION NO. 2010-38: ESTABLISHING THE DAY AND
TIME OF CITY COUNCIL MEETINGS AND RESCINDING RESOLUTION
NO. 2001-46 IN ITS ENTIRETY.
C/Everett said he was surprised about the proposed resolution because
he felt that many people work and most public meetings start at 7:00 p.m.
so he would prefer that the City start the regular meeting at 7:00 p.m.
CM/DeStefano explained that this matter was brought before the City
Council as a result of recent City Council meetings where.. public hearing
matters which were by advertising and by policy, scheduled to commence
at 7:00 p.m. were ready to commence earlier.:. However, due to the long
standing policy that public hearings commence at 7:00 p.m., it. was
necessary to stall the public hearing portion by rearranging the agenda
during the regular meeting. Based .upon those experiences, staff looked
at the existing policy and brought back a concept of changing the 7:00
p.m. start time for a public hearing to 6:30 p.m. or as soon thereafter as
the matter may be heard following the opening of the regular City Council
meeting commencing at 6:30 p.m. There is no change to the start time of
the meeting;' however; the matter is at the discretion of the City Council.
To that end, staff will provide whatever information is available in order for
the City Council to render its decision.
C/Herrera felt it was important to have a practice in place that worked best
for the majority. "Several times during the last six months,. of this year, the
City Council has finished its business ahead of schedule and has had to
proceed out of order. ' She would prefer that the -City Council have the
flexibility to 'proceed with its public hearings earlier,. if appropriate, and.
would support adoption. of the resolution.
C/Tanaka felt it :was important for. individuals to be able to get to the
meetings and waiting 10 or 15 minutes was not a big issue. He was in
favor of leaving the current policy in place.
DECEMBER 7, 2010 PAGE 7
MPT/Chang suggested a compromise to 6:45 or 6:50.
CITY COUNCIL
M/Tye said he felt it was a good idea to allow , the public hearing to
commence earlier. He did not feel this was a proposal to deny the
community an opportunity to participate but that it was important to get on
with the business of the City and if that means the City needs to move
forward at 6:45 or 6:50 the Council should have the flexibility and freedom
to do so which this resolution would allow. -
C/Everett proposed that all public meetings. commence at 7:00 p.m.
including the City Council meeting.
M/Tye said the current topic of discussion is moving the public hearing
portion of the meeting back to 6:30 p.m. or as soon thereafter as possible,
not moving the Council Meeting time forward to 7:00 p.m.
C/Everett said he was offering that the City. Council should move its
meetings to a 7:00 p.m. start time and asked if it would 'be prudent to bring
the matter back to the City Council for further discussion
C/Herrera moved, MPT/Chang seconded, to change the public hearing
start time at 6:45 p.m. or as soon thereafter as possible. Motion approved
by the following Roll Call voter
AYES: COUNCIL MEMBERS: C/Herrera, MPT/Chang, M/Tye
NOES: COUNCIL MEMBERS: Everett, Tanaka
ABSENT: COUNCIL MEMBERS: None
7. PUBLIC HEARINGS: 7:00 p.m., or as soon thereafter as matters may be
heard. =
7.1 A CONTINUED PUBLIC HEARING TO CONSIDER VARIOUS ACTIONS
PERTAINING TO SITE D (A SITE COMPRISED OF APPROXIMATELY
30.36 ACRES LOCATED AT THE SOUTHEAST CORNER OF BREA
CANYON ROAD AND DIAMOND BAR BOULEVARD, DIAMOND BAR,
CALIFORNIA (ASSESSOR PARCEL NUMBERS 87814-002-900, 8714
002-901, 8714-002-902, 8714-002-903 AND. 8714-015-001) INCLUDING
GENERAL PLAN AMENDMENT NO. 2007-03, ZONE CHANGE N0 2007
04, SPECIFIC PLAN NO. 20.071-01 ("SITE . D SPECIFIC PLAN"),
TENTATIVE TRACT MAP NO. .70687, AND CONSIDERATION, OF
CERTIFICATION OF ENVIRONMENTAL. IMPACT REPORT 2007-02
(SCH NO. 20080210.14).
CDD/Gubman updated the , Council on the School District's
recommendation that was passed at a special School Board meeting held
on December 1: The School Board's recommendation to the City Council
is to change the land use plan for Site D to 100 percent residential. 'Along
CITY.COUNCIL
with the recommendation, the :Board of Trustees, included two general
parameters to help formulate that land use plan: 1) to incorporate
municipal open space and park areas into the land use plan and to include
some form of entryway monument, generally at the corner of Diamond Bar
Boulevard at Brea Canyon Road .as an entry statement to the City; and, 2)
to reduce the density to a number below what is in the current use plan.
Currently; the land use pian with the mixed use components specifies a
density of 20 units per acre and the School Board's recommendation is to
reduce the density to a number that ties more closely to what the
prevailing surrounding community, densities. These recommendations
were based on School Board deliberations made in open session taking
into account all public comments, all public input and the workshop hosted
by the School District in which the community participated and expressed
their preferences for the future vision of Site D. Therefore, the primary
decision point for which staff is seeking direction this evening is to either
stay with the mixed use land plan and continue the matter to revise
studies to finalize that plan or to revise the plans focus to a 100 percent
residential use. in accordance with the School Board's recommendation.
Staff is prepared to proceed with City Council's, direction; however, staff
states that this recommendation be discussed in light of the City's current
economic development strategy that envisions commercial on Site Deas
well as, the School Board's recommendation and the neighborhood input
where the consideration proposes the all -residential plan. The commercial -
aspect of this plan was revisited through a market study conducted by
Keyser Marsten and as discussed during the last City Council meeting, the
commercial viability is there but may not come online for the next five to
seven years. CDD/Gubman reiterated that the land use plan currently
before the City Council is based on a strategic vision for the long term
development of Site D, a vision that is supported by recent professional
analysis. As the Council deliberates on this matter the next steps staff will
take will obviously be based on the direction provided by the Council
regarding land use framework. If, for example, the City Council .directs
staff to proceed with a continuation of the mixed-use. plan, the EIR would
have to be updated :and if the recommendation of the Planning
Commission to_ incorporate a public park into this project be included, staff
will also need to include criteria for the park within the environmental
document ultimately` presented to Council If the Council directs staff to
move forward with the. 100 percent residential, staff will implement several
steps, including, revision of consultants contracts. to address the change in
the project scope and revise the environmental, documentation; revise the
Memorandumof Understanding. between the; City and the School District
which currently includes an agreement that the planning process proceed
with a mixed-use plan; begin working on development of specific criteria to
accommodate a 100 percent residential plan and .perhaps a ' park element
within the site that includes pertinentland use parameters such as'.the
maximum density (maximum number of units that would be appropriate for
the site), what. kind of housing should be planned for the site (detached
DECEMBER 7, 2010
single family homes, townhomes ora hybrid of two or more housing
types), and, if a park space or multiple park spaces are part of this
planning process, the land use plan will have to include specifications
such as the size and location of the park space and possibly what types of
amenities the park space should include (walking trails, etc.). Additionally
Council may wish to make a third decision: If the. Council believes that
exploring the commercial vision is warranted staff can further explore that
possible vision which would require a continuation of this discussion to do
so. Staff would be willing to conduct more public workshops to flush out
what types of commercial might be acceptable or at least determine what
specific elements of commercial development are problematic in this area
and whether the City can devise land use regulations and parameters to
mitigate those concerns. CDD/Gubman concluded his presentation by
recapping the Council's objectives for providing guidance to. staff.
Nancy Lyons, President, WVUSD Board of. Trustees, thanked former
Mayor Herrera for -her service to the City on behalf of the School District
and congratulated M/Tye and MPT/Chang on; their appointments. She
reported that the Board has. submitted its recommendation for . Site D
which calls for 100 percent residential with minimal peripheral open space,
green belts or park areas. Originally, the Site D .plan called for 201
units/homes per acre on the residential portion. Based on what the.
School Board heard .from the D.B. community through its outreach
`program, the School District believes the property is better suited for 100
percent residential and that. the residential density should be reduced to
around 10 units per acre, similar to, the Vantage project by Target; .and of
course the Board realizes that the judgment of the proposed density is up
o the City Council: This recommendation is what the School Board
believes is in the best interest of the. School District, its students and the
district's ability to continue to provide a quality educational program. The
School Board asks that the City seriously consider its recommendation as
the Council considers its due diligence and reach a decision that is in the
best interest for the community:
M/Tye asked for clarification on the 10 units per acre recommendation
which President Lyons provided.
M/Tye opened the Public Hearing.
John Martin, 1249S. Diamond Bar Boulevard, a 37 year resident, stated
that the Council has and will continue ,to .hear from residents living within
1000 square feet of Site D:. The City has also heard fromat least 800
residents living in the northern and middle sections of D.B. who signed a
petition . at Albertsons and Vons stating they do . not want a commercial
center on Site D. The City has heard .from the merchants at the HMart
center that another. shopping center less than a half mile :from them would
hurt them. The City has heard tonight from the WVUSD which
DECEMBER 7, 2010 PAGE 10 CITY COUNCIL
unanimously concurred that they do not want a commercial center.on Site
D. Site D is located at the entrance to the City and people do not want's
shopping center there. It seems that people want the high berm along
Diamond Bar Boulevard kept so that cars entering the City see green
instead of asphalt. A great many people want a focal point at the corner of
Diamond Bar Boulevard and Brea Canyon and perhaps` put an actual
windmill there with a permanent structure that welcomes everyone to D.B.
To the right on the property the City owns, a park would be ideal: But the
main emphasis is that the whole corner.would be green .and inviting and
pastoral. The property is owned by the WVUSD. They have determined
that by having 100 or 200 children live there is better than half that many
children living on half the property and a shopping center on the. other half.
Without the shopping center the number of homes could increase and the
number of children would increase respectively. Every year the State of
California pays $5000 or $6000 per student in ADA subsidies to the school
district. $5000 times 50 to 100 kids is $200,000 to $500,000 more in
income for the school. This is continuous ongoing revenue and it is
money they could certainly use. He urged the Council to take the
shopping center option off the table for Site D this evening. The sales tax
revenue generated to the City cannot offset the loss of ADA money to the
School District.
Gary Cholo, Walnut, said that even though he does not live in D.B. there is
a common thread within the School District the District is in difficult
financial times. Despite his and his colleague's commitment (their offer to
fund. $168,000 of the annual elementary program for three years) the
funding was enough to provide for only two music teachers instead of the
three that are needed. For the same reason that he does not feed his
children two meals instead of three, he felt the children of the District.
deserved to have a full daily plate of music instruction. Therefore, as of
August 2010, he and his colleague decided to increase their commitment
to the District to $248,000 per year for the next three years so that the
children could enjoy the same music program that children have enjoyed
in the past. Today, the City Council has before it a request from the
School District to allow Site D to be rezoned so that the land may be sold
at a more favorable price: He asked that the Council to approve the.
District's request and share in his and Dawn's vision that the small steps
they take today will ensure that the educational foundations of today will
be in place tomorrow. The Council's favorable vote will have a huge
positive impact on the ability of the District to provide the quality education
that the children deserve. The children of the future, need to have the
same opportunities as the children of the past:
Carolyn. Elfelt, 21119 Silver Cloud, a 30 -year resident who has.raised
' children who have attended schools in•the WVUSD and has served on the':
school board for the past 10 years, assured Council that WVUSD is, very
committed to providing, -its students with the best education possible. The
DECEMBER 7,:2010 PAGE 11
CITY COUNCIL
reality is that the District needs to secure funding outside of what the State
provides. The State cannot sustain the funding for critical programs the
students must have to compete in a global economy. 'A good example is
the ability to provide funding for technology. When she first joined the
Board the State had a grand plan to provide technology for all high
schools and middle schools., That plan died a couple of recessions ago
before the funding reached - the middle schools. - Another high profile
example of failure to sustain is the state's program for smaller classroom
sizes .(20-1 program). When first introduced, it provided jobs for
construction workers and new teachers for all additional classrooms. But
now, classroom sizes are once again increasing as funding dries up and
many, young teachers are looking for permanent jobs in other fields.
Again, the State cannot sustain funding for critical educational programs.
So for WVUSD, Site D is a: much-needed opportunity to transform a
passive asset into'a revenue generating asset to help fund technology, for
example, for its students and the WVUSD deeply appreciates the City's
efforts and the community support that enables the district to accomplish
this. goal.
Peichin Lee, 2856 Wagon Train Lane, a 10 -year resident with three
teenagers attending DBHS, is a real estate developer. She has studied
g 9
Site D for many years and believes that any commercial development
would have to be successful out of the gate; otherwise, .the. City would
have another empty center. The supply and demand factor is important
and the neighborhood is already saturated with commercial She said she
did not believe there was sufficient demand to support a new shopping
center. In addition, by taking a five minute drive, people can visit a very
successful and' large mall in Brea that provides a good mix of tenants to
meet the` needs of the medium to upper income shoppers in the area.
Also, Site D is very hilly and difficult to access which is a critical factor for
a community's' commercial to survive: and thrive. A. commercial center
usually draws customers from within a three mile radius and the number of
households within that radius willnot support another shopping center.
She said she would prefer to see a low density development on the site
which she believed was the best and highest use for Site D.
Clark Rucker, Phillips Ranch, said he supports the. WVUSD and its
position on this issue. His son recently graduated from DBHS and is now
in college and his daughter is currently attending DBHS and he would like
to see his daughter have the same opportunity. his son and all other `
students have had. $19 million in budget reductions over the last three
years have hit the School District hard. Cuts have hit classrooms, staff,
called for furlough days, loss of instructional days for students and as a
result] after-school activities and programs have been reduced and layoffs
have` -.occurred. Instructional materials have not been purchased.
WVUSD recommends' 100percent residential. The last appraisal (of the.
property) highlights the most revenue is with 100 percent residential.
DECEMBER 7, 20.10 -PAGE 12 CITY COUNCIL
Homes, kids, enrollment equals; money ,for' the District. 100 homes: -
averaging one student per home. would result in about $527,100 in annual
revenue; 100 homes average two students per. home, $1 million or plus
annually. The math is simple;. do the right thing.
Denis Paul, 1429 Blenbury, a 32 year resident, said he believed there had
been a very healthy dialogue with the residents of the affected area and
that there had been continued State funding woes as eloquently described
by others. He said he was present to encourage the City Council to do
what they do best and that is to listen and respond tothe needs and
concerns of its residents and to continue to support the District's efforts to
provide a world class education. Mixed use zoning may help in . future
years but to do so would be to ignore the voices of its residences and
would minimize benefits to students. He encouraged the Council to glean
from the heart and not the bottom line and for the Council to support the
District's proposal for Site D. -
Sherry Babb, 1249 S. Diamond Bar Boulevard, a 10 -year resident who is
a real estate developer and who has a daughter who graduated from
DBHS and college,: and a younger daughter who is a student at DBHS
has been a member of the DBHS Chinese-American Parents Association
since 2007. This very good school district is facing significant economic .
problems and everyone needs to work together to ensure a good
educational standard for the students and therefore, it is incumbent, on
everyone to make certain the School District's recommended plan is
approved to make sure it is a benefit for all and especially a benefit for
ongoing education. She thanked the City for providing such a good
community and school district and with everyone .working together she
believed this matter would be resolved satisfactorily:
Debby Dobson, 364 Windemere Lane, Walnut, President, Coordinating:
Council, WVUSD, speaking on behalf. of parents, stated that the Board
works hard to come up with different ideas for fundraisers to bring in
money for the district and its teachers, but what the district is doing is not
nearly enough. She is also the President of the Suzanne Community Club
and during last night's meeting and all prior meetings of that organization:
during the past year, teachers and staff members < have. repeatedly .asked
for help paying for programs, etc. for the students and requests. are
outpacing the fundraising ,efforts. She said. that` everyone appreciates
What the school district is doing and hopes that the City Council supports
their recommendation for Site D.
David Busse, 2.1455 Ambushers Street,:.P, resident since 1983, has two
Children 'that -graduated from the D.B. schools and college said he believed
.,.::,D. B.: was,the best of small town living wherein residents were :allowed to:,:
express their : opinions' and ; be heard. If the school- district is in dire` .
.,financial, straits; he did not believe that commercial could be included in the
DECEMBER7, 2010 PAGE 13 CITY COUNCIL
discussion as a result of the economic study that indicates commercial
would not. be viable for five to seven years and several real estate
developers have echoed that sentiment. What he is hearing and from
what he has heard in the past, the recommended project of residential
with 'a park element will. be what is needed :to attract the young families
moving to this area who cannot afford -$700,000 homes in. his area. He
wants development that can bring young people to the community who will
help the community thrive and believed that the school district's
recommendation would be the best use of Site D.
David Wu, 21252 East Running Branch Road, thanked the Council for
maintaining the high standard of living for the residential community of
D.B. Because D.B. sales tax is higher than Orange County's sales tax,
many, people shop in Orange County. He did not believe it would be a
good idea to out commercial on Site D because there is not sufficient
population in the area to support the businesses. He also felt that the
concept of 'high density would hurt the residential home values. He
understands that the school district needs money but there are other ways
to bring in money such as increasing taxes to support the schools and he
believes people would be willing to pay more taxes to support the schools
to maintain the community's higher standard of living:
Wanda Tanaka, a resident since 1976 and very. involved with the School
District, was initially opposed to developing Site D because of the wildlife,
but if it has to be, it. has to be, so please listen to .the people and find a
developer that has a vision to make Site D a beautiful place.for D.B.
Christopher Chung, 21470 Cold Spring Lane, said he. has heard the City
Council and others say that the reason the City is going through this
process is that the major applicant, WVUSD, needs the,money and as the
property owner, has thevested interest to pursue a project they deem fit.
And he has also heard that in the event the City Council does not consider
that, there would be some consequences including inverse condemnation.
What he: is hearing this evening is that WVUSD wants to go with, 100
percent resident but the: City' Council has a lot :to sayabout what that
ultimate use may be. - Since the School District owns more than 90
percent of the site. and is the primary applicant, their application should be
amended, to focus on 1,00 percent residential and the City .Council should
be focusing on that; as well. ' He understands that the. City Council still
wants a' commercial component; > however,, residents who Live in those
homes will eat and shop in D.B. and that should increase the City's base.
Were there to be;a commercial center it may not generate that much in
sales tax.
Sid Mousavi said he hasreat respect
gfor the School Board members who
are doing a great job for- the children . of. the... community; and also
understands and appreciates the Districts .attempt to sell.the property and
DECEMBER 7, 2010 PAGE 14 CITY.COUNCIL
use the proceeds to better the children's education.. As a land owner, the
district can make recommendations for'. development just like any other
landowner within the community. However, land use decisions are vested
With the City Council. He believes the City _Council should investigate all
options in addition to 100 percent housing or a traditional mixed-use
concept because the site offers great opportunity for creativity. An urban
village concept with a green belt would promote urban Living and would
improve the quality of life for residents. He encouraged: the. Council to
investigate and invest time in alternatives to 100, percent housing.
M/Tye asked for Council discussion.'
C/Herrera said she heard comments about "why: would. the City want any
commercial at Site D andi it is the City's fiduciary responsibility to make
sure that the fiscal health of the City is solid.. Otherwise, if the City does
not have a good tax base to provide the revenue for programs and
maintain roadways and other things that the City provides, it then falls on
the residents to pay additional taxes to maintain the City as they expect it
to be maintained. So it is natural that the City. Council would be interested
in commercial. At the same time, she believed that Council Members
have historically been very careful with its decisions, and that D.B.. has
benefited from those careful and thoughtful proceedings. She wants.
whatever is done on Site D to be successful. Yes, it is a high profile site
right next to the freeway. There was an economic update that indicated
that less than 25,000- cars pass through the area. Someone complained
about so many cars passing through the area. D.B. is dissected by two
major freeways and it has no choice but to accept cars exiting the freeway
for various reasons to cut through the City. Whether those people driving
through the City will stop and shop..at whatever business might locate at '
Site D remains to be seen. The study says thereis need for a market but
a market would most likely take. up a good portion` of the, 10 acres and
would probably be :a standalone business and. standalone businesses do`
not do well just as standalone car dealers do not do well, which the City
experienced with Diamond Bar Honda when that business. closed.. Stores
like to be located in close proximity:to other stores because it creates a
synergy.. She said - she - had a concern about the size' that is being.
discussed and whether it is enough to support the. area and the City. She
has a concern that the study says that because of the,.current market
conditions and financing conditions there is a possibility that there would
be no development for five to seven years. So if the City Council retained
the 50/50 Specific Plan as currently :written would it mean that the school
district would sell half the property forr residential development and sell the
remainder to someone who would later develop: commercial so that it .
would remain vacant for five to seven years? She was not sure, that would,
be a good solution for the City. Speakers commented on property Values:
and one reason property. values are so high in D B. is; because of the
quality of the school districts, so everyone hasavested economic interest
DECEMBER 7, 2010
PAGE 15
CITY COUNCIL
in making sure that the school districts maintain the best quality of
educational services possible. This is a difficult, deliberation for the City
Council because there are so many issues to weigh. Residents have said
"do the right thing — make the right decision. The City Council . is
struggling to figure out what "the right thing/decision is and. she would
strongly advocate that the City Council 'make a decision tonight <about
which way to move forward.
MPT/Chang thanked everyone for their presentations. She grew up and
attended local schools and understands the current funding'.needs. She is
married to a school board member in another school district within the City
and understands the issues. As everyone knows, the City has agreed to
collaborate in the planning of land use and zoning designations for.the
site. The school district has a right to make a determination about what is "
in the best interest of the school district and the State has to determine
what is in the best interest of the entire city and sometimes interests align
and sometimes they diverge, and she would like to see all parties come to
a happy compromise. Bottom line is that the Council is working for the
betterment of the community. She was elected to represent all of D.B.
and , believes all options should remain open. The City's role is to
determine land use and the Council Members have a duty to the residents
to determine what is the best use and how the City can benefit from that
land use. She believed the City should continue to explore the viability of
commercial. During her recent research she has spoken .with a ` lot of "
people including experts and residents who spoke with her about retaining
some commercial component. Shealso believed that, the public' outreach
effort should be continued before determining' the final land use for this
site. She is not certain that one five .hour, meeting attended by 60
residents, 'many of whom left during the meeting, is a good representation
of what the residents want. It is incumbent upon the Council and the City
to get this right because this is one of the last pieces of undeveloped
property- in the community, and there must be careful and , thoughtful
consideration before acting. People talk 'about ugly strip malls. and
asphalt, but during her research she discovered that urban villages are the
trend. ''These urban villages incorporate eco -friendly development. She
"cited one development parcel that is very similar to Site D. Five years
may seem like a. long time, but the City needs,. to. plan for long term
success: She suggested this matter remain open and that.the City and the
district continue its outreach sessions.
C/Everett said he was troubled that he did not have enough information on
the' background and specifics of the City's economic development strategy
for` Site D Secondly, he was very concerned with the reality of the dollars
that would be 'netted' by the project.. He is. frust rated because he felt the
typical applicant/developer was a professional and the School District had
"been challenged because theirbusiness; is school and : kids; not
development. He thinks the entry:monument'and green space is critical.
DECEMBER 7, 2010 PAGE 16 CITY COUNCIL
The shopping center blacktop mentality is unfair to all parties because that
is not a creative mentality., andr he would agree with MPT/Chang's concept
of an eco -friendly urban living village. At the same ,time he understands
the school district's. wants and needs. So, he is not really sure what would
realistically net. out to the best benefit of the school district and the kids
and whether this would support D.B. for the long term. He said he is very,.
very frustrated but feels it is important to look at the mixed use
development that is on the books. He also felt that everyone should be
given a list of - urban villages. for viewing, and as indicated by
CDD/Gubman, flesh out additional study sessions to refine the commercial
vision. He said his focus. would be on the 50/50. plan and it felt very
irresponsible to him to go with the 100 residential without knowing the
financial repercussions, because he fears expectations would exceed
reality.
C/Tanaka said he respected the School Board's recommendation. The
City Council Members are not architects and developers and if the
development is restricted it might be too restrictive to attract the greatest
number of developers and types of developments that might be most
beneficial to . the School District and to the residents. He would .favor
further discussion and would prefer to,postpone a decision until after the
holidays.
M/Tye said he did not think the Council should be driven by the calendar
and the holidays. There is a decision. that the Council needs to make and
it needs to deal with the facts it has. A land owner wants to sell what they
have identified as "surplus property". Whether one likes this process or
not, there is a process and this has gone through the process, first with
the Planning Commission and many hearings which were appropriately
noticed and ; the public input that those hearings produced which is
included in the Staff's report, all of which call for residential. The property
owner, has come: back saying they would like 100 percent residential; 11
out of 12 speakers said they didnot want a commercial center. Yet he
keeps hearing the City should back away and take a look at commercial,
even among the five Council Members there is no consensus. If there is
ar! urban village is that not up to the developer that buys this parcel to
propose- that development plan? The School District is not a developer
and the. Council is not trying to tell them what to do but rather come .up
with a Specific Plan that says this is what we .see for D.B., He has served
on the City Council for five years and one of.the first things the Council did
after he came: on board was to hold a workshop at the Diamond Bar'
Center and talk about the need for commercial in D.B. and for redevelop
-
me.nt_by targeting certain areas. One of the areas that Bob Zirbes wanted
to see developed was ,Site D and what he saw going in there, because the
difference>between what Bob Zirbes saw for Site D. and a Birch Street is
that Birch.: Street .,is flat and Site i D is not flat:. It seems that the
y
conversation is -about squeezing something into Site D to say that the Cit
has 'commercial at that location. Tonight we heard a unique perspective
from a D.B. resident who has children in WVUSD who is a developer and
whose business is studying retail. centers that will work. She would be
glad to make that site work for commercial if she could, but in her
professional opinion, commercial will not work on that site. That is what
frightens him the most is to get three, four five years into the future and
look at a center and realize someone was right that it would either be a
booming center or there would be more commercial vacancies in D.B. He
believes it is best to retain the character of the neighborhood which is
residential and he believes the Council should follow what is best for D.B.
He believes 100 percent residential is best for D.B. This Council has built
a $30 million reserve. That was done with the retail it has. minus Diamond
Bar Honda and the City has to attract retailers like: Target, and the City
needs to support businesses in D.B. like Chili's. Someone once told him
D.B. needs a downtown and he differs with that; premise. He believes
D.B. has'a downtown and it is Birch Street in Brea which is unfortunate,
but that does not mean that the City needs 100 to 150,000 square feet of
commercial at the south end of town. To say that the City needs more
hearings, more outreach, etc. is to completely discount the 60 to 70
people that went to the WVUSD sponsored workshop and put forth their
efforts. To hold the property owner hostage for five to seven years in the
hope that commercial recovers and would be viable for that parcel would
be like confiscating half the property. Think about why folks move to D.B.
Do they move to D.B. for the shopping? When he and his wife moved
here they did not move here because of the Kmart and not because of the
library. They moved to D.B. because of the schools. People move here
for the schools and if the City is not going to do all that is possible to
support its schools by letting them dispose of an asset, the City will
witness the demise of that school district. He took exception to the notion
that voters would approve higher. taxes to support the schools and cited
instances in which voters had rejected : such proposals. M/Tye said he
believed folks were tired of paying more ,taxes, that they were fed up with.
paying more for what they feel they are getting, and that folks are at their
limit.' If he thought it would be an effective commercial location the City
couldprobably make a case for it, but he does not believe it would be
feasible or effective for the location. He believed the Council had
sufficient information to render its decision and felt it was fair to the school
district for the Council to make a decision. He did not believe the School
District' was' interested in being in the property, management business
because they have not offered to develop the site and lease it out to.
commercial businesses: The Pomona School District, under a previous
superintendent; was in the business of acquiring property and the District
now finds itself in a position of owning property it.cannot sell.. Site D is an
asset that WVUSD can use to help stop the bleeding inflicted on it by
Sacramento and he believed it was appropriate, to say yes to 100 hundred
percent:residential.
DECEMBER 7, 2010 PAGE 18 CITY COUNCIL
C/Herrera explained that the original conversation regarding the "Target"
development-was'about the development being on two pads. Originally,
the City wanted commercial on the top and commercial on the bottom and
it had visions of a great looking project. The developer who purchased the
land did not want commercial on the top because he would get a greater
return by putting residential on the top and commercial only on the bottom.
In past times, the City has discussed how much the City might expect to
receive from a 10 -acre commercial development: and the figure was
$100,000 per year. And it is the same amount where Vantage is now
located. So the City adjusted for that and required a "door" tax of $10,000
per unit which was added to the price. of the. condos and single family
homes that were sold. One would think that would be a deterrent to a
developer to have that kind of assessment placed on his development, but
those houses and those condos went so fast that there was a waiting line
to get a unit. So if the Council wants to secure the economic health of the
City it can do the same thing for the houses at Site D. And then the City
would not be needing sales tax revenue from the project. She is
concerned that in order to get any commercial, there would be a five to
seven year wait to find out whether it would even be a possibility that
someone would buy the land and someone would be able to get the
financing to develop the parcel.
-MPT/Chang said_she disagreed because this is a snapshot in time and to
let go of the potential of what the site could be would be shortsighted.
School districts are looking to retain their properties and lease them out for
the time being because they will not get the, purchase value they need.
When one disposes of property it equates to a one time deposit into
capital outlays whereas; leasing would result in generating revenue that
could be deposited into a general fund for a wide variety of uses. She is
not a school board member and this is not the school district so she
leaves it up to the school district to determine how they would like to
proceed dependingon the Council's decision.. She keeps hearing
restrictions and the perception of roadblocks. She thinks times are
changing and people are thinking more creatively.. There are a lot of "out-
of -the -box" ' developers and the City has not, talked with any of those
developers. She has spoken with many, people who. intuitively express
that Site D would be perfect for mixed use. She felt it would be prudent for
the City to begin having conversations with a wide variety of people.
There was mention. of a new resident who spoke at the last. Council
meeting, but what was not mentioned was the fact that while he said he
moved here for the schools, he also expressed that he wanted his kids to
be able to work and play in D.B.. Growing up in D.B. MPT/Chang said she
walked everywhere. She loves the community: and believes the City can
reach for.the stars and talk to people who can provide important feedback.
If the Councilconsidered commercial, she, believes it could be an amazing.:
project and would; not want the City to forego .the opportunity of
g that. possibility.
mvesti ating t ..
..DECEMBER 7 2010 PAC-jF 19 CITY COUNCIL
M/Tye felt that a decision contrary to the School District's recommendation
-would place .a burden on the School District. He has not heard anyone
from the school district ,nor the consultant say they like the idea of building
and leasing buildings. The District's stationery says "kids first, every
student, every day" and that is what they need the resources for and he
does not feel comfortable weighing in on what the school does with their
I esources or how they generate those resources. He agreed with
MPT/Chang that this is a land use decision for the City and it is not a lot
differentfrom other land use decisions the City has made, such as the
SunCal or Larkstone projects. He did not believe it was the City Council's
role to seek developers and retailers to get an opinion about property the
City does not own. The City has tried that at different locations around
town and as a result, the community has what it has. The City did not get
any big box retailers and did not get anyone who is looking to redevelop
the Kmart Center. In his opinion, that would be the grandest plan of all —
redevelopment of the Kmart Center. If the City could start over from the
freeway to Golden Springs and from Diamond Bar Boulevard to
Prospectors, the City would have everything it needed - all of the retail
imaginable. But he did not believe the City needed to shoehorn retail or
commercial into a location because of the lack of retail or commercial.
Instead, the City needs to. make the best of what it has.
MPT/Chang agreed that the Cityhas talked with developers and retailers
and the market is changing. Retailers are looking at how to approach the
market. The median income in D.B. is.$105,OOO andthemedian age.is
39. She believes all possibilities should be considered.: She understands
that this is a concern for the school district; however, the: City should be
looking out long term and considerthislocation very carefully because it is
one of the last undeveloped properties left in D.B.
M/Tye reiterated his belief that the highest and best use for Site. D was
100 percent residential. He felt it would be good for folks who wanted to
move into D.B. because there would be new product available and, he
does not seethe benefit of commercial. He agreed that the. City needs to
focus on tax producing businesses in D.B. which is how this. Council over,
21 years has built a $30 million surplus. It does not mean that the surplus
can be spent for no good reason; it means the City is in good shape and
the City.can weather the current economic climate which means the. City
..can be diligent in its pursuit of retailers it wants in D.B.
C/Herrera said
the Council keeps saying it -needs more information and
more information. The Council has been considering more information
since Julyand before. What will happen in the .future is unknown and
speculative. How long. will the downturn last. Speculation is that the
downturn�will last for'five to seven years. What if economists are off the : >.
mark and it is longer?,All this City Council knows at.this point is the "now"
arid'she believes it is time for the Council to make a. decision now based
DECEMBER 7; 2010 PAGE 20 CITY COUNCIL
on its best information it has instead of. continuing to say we need more
information. Staff has provided a massive amount.of information. Council
has asked for studies and staff has updated studies.
C/Herrera moved to change the land use framework. to one hundred
percent residential and .direct staff to prepare the following documents for
Council consideration: Prepare a revised Memorandum of Understanding
to eliminate commercial from the land use palate and to prepare changes
to the consultant's contracts to revise the Specific Plan. and the EIR.
M/Tye seconded the motion.Motion failed by the following. Roll Call vote:
AYES: COUNCIL MEMBERS: C/Herrera; M/Tye
NOES: COUNCIL MEMBERS: Everett, Tanaka, MPT/Chang
ABSENT: COUNCIL MEMBERS: None
MPT/Chang moved to continue exploring the viability of the commercial
component and to continue the public outreach effort.
CM/DeStefano stated that based upon the School District's
recommendation, his sense would be that the School District would not be
willing to pay for that effort. At this time the City and the School District
are sharing costs. As the document currently states, the School District,
through the MOU would be paying the City. back `upon sale of the property.
There would need to be a discussion with the school district regarding the
outreach component for commercial discussion purposes, and his
suggestion is that the School District would not wish to pay for that.
Based upon the School .District's recent outreach with their consultant, a
similar kind of session would be about. $35,000 and if the City. were to
have multiple meetings it would probably result in $3,000-$5,000 more per
meeting. Timing will be an issue and the City would not begin a public
outreach discussion process until probably mid-January. Staff would need
to bring to the City Council public outreach consultants for consideration
as well as, the costs to hire those consultants for the work they would
need to do to advertise and schedule public outreachsessions mid
January or beyond. Moving toward :a public hearing for that purpose
would likely be no earlier than the first public: meeting in February and
perhaps not until the second meeting in February/first meeting in. March.
MPT/Chang amended. her motion to early to mid February. C/Everett .
seconded the amended motion and said. that he hoped the Council could
get a status report he meeting prior with the public hearing scheduled for
February.'''.
CM/DeStefano asked the Council to bifurcate the issues: Whether the
Council wishes to have additional outreach that most likely the City, would '
be paying for to initiate discussion; about commercial opportunities on that
property.. y. g ould':move toward
ro ert Assuming the Council wishes to do so, it w
directing the City staff to bring back proposals because it would most likely
exceed the City Manager's authority for the City Council to then approve
such a contract. Staff could most likely not do that for the Council until the
first meeting in January, assuming staff could get the consultants to
participate in the next few weeks. If the decision is made to hire the
consultant the first meeting in January, public outreach sessions would
likely not take place any sooner than end - of. January/first of February
timeframe. Again, staff would probably not have anything for the Council
until mid February/first of March. If the Council wishes to proceed in that
matter, 'direct staff accordingly to get all -of that done and once staff
returned to Council with its report the Council would make its decision on
those details. If the public outreach bid proposals are in the area of
$100,000 for example, that may be something the Council decides not to
do. `' It may be far lessthan that but in his opinion, the Council needs to
first decide what it wants to do.
MPT/Chang amended her motion to pursue the public outreach and direct
staff to begin considering proposals for a consultant. ,
C/Everett seconded the motion.
M/Tye asked for an understanding of the motion. Given that the City has
a property owner that owns 99 percent of Site D that is more than likely
not interested in spending any more money on consultants, are
MPT/Chang and C/Everett telling him that they want him to vote to spend
tens of thousands of, dollars for a study given what has already been spent
and given what.the'City knows about the consultative process, and given
the time and effort it will take, is that what is being asked?
MPT/Chang said yes, because she believes the City needs to do this
carefully.
M/Tye asked MPT/Chang not to couch her proposal in terms of being
careful because the City has not done it,"carefully" when in fact the City.
has done exactly that. Seventy residents showed up. for`.the workshop.
They have had their input. They said "we want all residential." The school
district is the landowner. The school district has said"we would like one
hundred percent residential." As he said at the last meeting he is getting a
very 'clear picture of why residents°feel they are not being listened to. "We
want residential, we want residential, we. want residential" and now we're
saying, let's look at commercial.
MPT/Chang told M/Tye, that he was only talking about people who came to .
the, meetings.' She has gotten phone calls: and. emails and is the.Council
"not`listening to the people who sent. in their letters, their emails and their
phone calls?
DECEMBER 7, 2010 PAGE 22 CITY COUNCIL
M/Tye said he felt the City was; listening to everyone because that is part
of the process.
MPT/Chang said she did not think so. She stated that she has received
several phone calls ° and emails today from residents in favor of some form
of mixed use and that all she is saying is she does not believe the Council
should foreclose any options. At the end of the day we're just saying we
want to have a conversation about not removing commercial and keeping
it on the table: She wants to proceed with this carefully. - The Council did
not discuss any commercial component even though it was in the Specific
Plan. Commercial was not discussed at the community forum. There
were at least three groups that brought up the commercial, component but
it was not further explored. The consultant asked what participants would
like to see on the site and how would it benefit the school district. Nothing
else was discussed.. She felt that the public outreach was not a back and
forth discussion, she feels the Council needs to get into the root of things
and explore all options. For her, she supports spending an extra $30,000
to do what in her opinion, is right. The Council does not know what that
will cost and that is what she is asking staff to explore.
M/Tye said that when a consultant says "what would you like to see there,
what would you paint it — here is the palate and you do it" and that is what
they come up with one hundred percent residential what does that say.
MPT/Changstated that she did not believe that the participants in the
workshop explored commercial and that when they drew up their concepts
it did not include commercial. Their input was, "we would really like to see
residential". That does, not>mean that commercial was not considered:
Commercial has been considered there for 10 or.15 years. MPT/Chang
reiterated that the workshop was five hours long and ended with 20 people
present. What about the other 60,000'residents. There is a motion on the
floor. I think we can disagree to disagree.
M/Tye said he felt they were going to have to agree to disagree but the
fact that all of D.B. did not turn out should not discount the folks that did
turn out.
MPT/Chang said she agreed with M/Tye on that point.
C/Herrera said she was greatly disturbed by the, direction Council is now
taking because she believed it served nopurposefor the School. District
and for the City to delay this until probably March of next year and to
postpone a decision that far in advance with the City Manager telling the.
Council it would most likely cost the City about $100;000 and she opposes
the City spending that kind, of money to reach, a conclusion that "more
public' outreach results in a desire for residential when the Council could
vote now and move on: There comes. a time when one has to stop "I want
to think about it, I want to think about it, I want to think about it." This
Council was elected to make decisions and let us make decisions.
MPT/Chang asked CM/DeStefano if it would cost $100,000.
CM/DeStefano responded that the outreach undertaken by the School
District for the workshop that took place in mid October cost the District
about$35,000 including about a month of effort by the consultant.
' CM/DeStefano said that based on multiple meetings and depending upon
the meetings, it could result in a cost to the City of $100,000. However, if
the City` held multiple meetings it could be $35,000-$50,000. If the City
went through a very exhaustive schedule with meetings over many
months and getting into more and more detail, someone would have to
- facilitate that and with all of the various_ aspects involved, it could get very
pricey. He indicated that it could be at least $35,000-$50,000 for a single
workshop effort and subsequent effort, but it depends on exactly what and
when it is done and how many times the City has workshop efforts. He
has heard "a .workshop" and he has heard "workshops" so he is trying to
allow for flexibility in the number he is putting out in order to try to make
certain that the Council understands what the cost might be.
MPT/Chang said there are three Council Members who would like to
continue exploring the commercial 'component and it seems that we (the
three Council Members) feel that it is prudent to include the community's
decision regarding the commercial... Because at this point three Council
Members voted "No" on one hundred percent residential those three
Council ;Members would like to be inclusive. of the community in getting
more input for the commercial aspect.
M/Tye indicated to MPT/Chang that he understands what she is saying
and asked her,to please not be confused that this decision is "immediate
because it is not. This has been through a process already. In his office;
he has -a reportfrom 2007 about Site D so there is nothing immediate
about this.
C/Tanaka explained that the reason he was not voting for one hundred
percent residential at this point was because the Council had : been
discussing a 50/50 split all along and as MPT/Chang stated, the Council
had not' seen any kind of proposal, for .commercial At the. same time,,,
during a couple of school board meetings, they have turned it around and
have now made the request for one hundred percent residential. This is
an easy statement to make; however, without.looking at what the
maximum density would be, and without consideration of park,'trails or
open space area buffer zones between the current and new development,
it is very difficult for him to now say he would like to see one hundred
percent residential. Had that recommendation been made with more
DECEMBER 7, 2010 PAGE 24 CITY COUNCIL
"details as to the actual density, the type of product,. (condos or single
family homes), whether it was a larger park space other than one at the
corner entrance of the property, it would have made it an easier decision
for him but at this point he is not ready to decide on whether one hundred
percent residential is acceptable without having any other details:
M/Tye said he appreciated C/Tanaka's input. Again, the Lewis. Company
had an option to purchase this property seven or eight years ago. To say
we are now taking that option off the table all of a sudden is not accurate
and the reason Lewis did not exercise that option was because Lewis felt
it could not make 50 percent residential and 50 percent commercial work
for them. That's what Lewis does - they are developers. So, that potential
buyer at a much better economical time took a bath for. whatever they paid
for that option.. They decided they could not make that option work at Site
D and suffered the consequences and that is why the Council is having
this dialogue today is why the Council is considering a. Specific Plan for
Site D. Council heard from a developer tonight (public speaker) who said
the same thing. This is not viable location for the commercial square
footage:
C/Everett called for the question.
AYES: COUNCIL MEMBERS: Everett, Tanaka, MPT/Chang
NOES: COUNCIL.MEMBERS: C/Herrera, M/Tye
ABSENT: COUNCIL MEMBERS: None
Mayor Tye asked CM/DeStefano if the direction from Council was clear to
staff.:'
CM/DeStefano said he believed the Council had voted to ask City staff to
seek public outreach consultants to craft a plan to seek public input of a
commercial development on this property to help the City to understand
what is possible from a resident's standpoint,. what they might be fearful,
of and what modifications might be appropriate to make the commercial
palatable to the residents. That effort will take one or a series of
workshops and after that, come back to the Council', with that work
product.
MPT/Chang responded that CM/DeStefano outlined- what the three
Council Members who voted "Yes were looking for.
CM/DeStefano said he wanted to be clear that this would not be a market
feasibility study. That was done with the Keyser Marsten report that was
:provided to the Council and to the School District. This is a discussion`
With the residents.
DECEMBER 7,2010 PAGE25 CITY COUNCIL
MPT/Chang responded "yes."
M/Tye closed the public hearing.
C/Everett asked for a date specific for the matter to return to Council
CM/DeStefano said that if the workshops were ultimately approved by the
Council they would be noticed and staff would notice a new Public Hearing
through the normal vehicles available so that adjacent residents and other
interested parties would have ample opportunity to participate.
C/Tanaka asked if in the meantime it would be unreasonable to ask the
School District to come forward with their vision of a hundred percent
residential:
CM/DeStefano said that School District representatives have been in
attendance at this meeting for the past couple, of hours and the Council
may wish to bring someone forward to speak to that matter.
CA/Jenkins indicated that.with the audience remaining somewhat stable,
M/Tye could reopen the public hearing and ask for input from the
- applicant.
M/Tye reopened the public ° hearing. and invited the applicant's
representative to define his.vision for one hundred percent residential:
Chuck McCauley, Interim Superintendent, WVUSD, stated that shortly
after arriving in this community he became aware, of the extremely high
quality of the educational programs and the wonderful community that the
City has been able to establish and.maintain with its high quality of life.
This never has been; to the best of his knowledge, nor should it.ever be a
school district versus the City project. This is about.the City. .This school
district is a part of this City. This school district is, probably the most
important part of this City. People come here to live because of the quality
of education. People stay in this community because of the .quality of
education. It is the school district's :responsibility to; provide a -quality
education and, no district anywhere has done` it better.: He believes it to be
the responsibility of the City to support in every way that it can, the.efforts
of the -school district to continue ;to maintain that quality ,of education and
to maintain the`quality of life in this City: There are lots of communities up
and down this State that would love to be in the situation D.B. is in. We all
represent the: same, people and we all want the same thing. And we
should continue` to work #ogether, to make sure we achieve that result:.,
Here is why this. needs; to happen: We are in the. business of education.
We`:arenot in the business of;development; we are not in the business of
land banking; and, we are :not in the business of making decisions that
reflect upon what it is that the City,feels. is, in. their best interest financially,
economically and every other way. You can talk about the development of
Site D for the next 10 years and in his opinion, it will still come back that
the best use of that property will be residential and one hundred percent
residential. Why? Because if the property were even viable for
commercial development, .the return that the .City will receive from any
commercial that takes place there would be minimal compared to the
contribution the City would receive through developing that property in the
best interest of the school district so that the district can continue to
provide its high quality. education. If education in this community and the
quality of education begins to deteriorate due to lack of resources, the City
will see what will happen to the quality of life. He was present a couple of
months ago when law enforcement talked about the drop in crime rate. 1n
addition to the City, the school district is largely responsible for that drop in
crime rate because the kids are engaged in activities, after school
programs, and academics. They are inside looking out, not outside
looking in. They are off the streets. I would hope that this Council, and I,
unfortunately, will not be here to see its final conclusion and its final
decision, but he would strongly urge the Council to consider the overall
benefit to the City which includes the school district, a viable entity, in
order to make sure that D.B. residents continue to enjoy the quality of life
they currently enjoy. With respect to the District's financial condition, the
School District has cut $19 million dollars from its budget in the last three
years. The School District has been through economic downturns in the
past and has weatheredthe storm. And he can hear the words that are
continuously expressed during those downturns to wit: "We will keep the
cuts as far away from the classroom as possible." Let me tell you that the
cuts have hit the classroom and hit them' hard. The employees and
teachers have stepped up and taken furlough days and. salary cuts. D.B.
is the most supportive community he has ever seen in his 50 years of
service that supports public education. The Council heard about individual
contributions people have stood up and made in order to make certain that,
the school can continue its music program.. Do you want that music
program cut? I hope not. D.B. and the .School District along with the
diligence of the Board of Education, has been able to continue educational
programs in this community that other communities cut years ago. I do
not want that to happen. The School District would be irresponsible if it
did not manage all of their assets. And, he thinks the School District
would also be irresponsible if they went to the taxpayers to ask for an,
increase when the district has. other assets it can. maximize and take
advantage- of. A speaker stated. that, once spent, this money would be
gone and that it was "one time" money. This money, by law, can only be
spent for capital improvements.. That' -is where the technology comes
from. The district would to use some of the.principal from the sale to bring
the kids -into the 21St Century. Without it, our kids are falling farther and .
farther behind each year with technology. If there. is one weakness in this
school district,`that would be it.:The other fact is that the schoolg district
needs t6be creative instead; of cutting budgets and while doing that the
DECEMBER 7, 2010 PAGE 27 CITY COUNCIL
District needs to look at creating new revenue streams on a daily basis in
order to maximize all of the district's assets. As he said to someone the
other day — houses supply kids; kids supply ADA and ADA brings money
into the school district. And that is an ongoing stream of revenue. Again,
the District would be totally irresponsible to sit back with a piece of vacant
land that the district can use to benefit the kids of this community. And
when, he says this community he is talking about Walnut Valley Unified —
we are a unified district and we serve multiple communities and we serve
all of your kids. His parting shot is; think it through. What is really in the
best interest for the total City as it pertains to the sale of this property?
The school district wants to continue to work with the City and he wants to
repeat that the district has had tremendous support and cooperation with
the City's staff as we have walked through this process. We have tried to
do everything that we can possibly do to get the information to get the
Council the information it wants in order to make the right decision. You
can study this for ten years and there will not be any more information that
the Council has right now. And you can spend $100,00.0 getting it —that is
your choice. Again, he thanked the City for its support of public education
in this community in the past, today, and in the future and it has been a joy
being here.
C/Tanaka asked the applicant ifAuring the time when the City has another
public hearing if _ the School District would be able to more definitively
identify the density, type of residential units,, type of park or open space
that would be provided:
Mr. McCauley responded with all due.respect; that that was not the School
District's job. That is the City's responsibility and the School. District has
given the City what it believes is the best,use and what will most benefit
the. School District. It is up to the City and its staff to determine those
kinds of things. The school district does not have the expertise to do that.
CA/Jenkins responded to M/Tye that the public hearing could remain open
until.tonight's deliberation was concluded.
CM/DeStefano asked if the Superintendent's presentation changed the
action 'and direction to staff previously taken by Council Members. He is.
hearing a variety of things and if the Council is leaning in one particular
direction it would be useful for staff to know that because he would hate to
spend months of time and money if there were a decision that could be
reached tonight on a preferred land use plan so that staff could then be
`directed to work out that land use plan. -
MPT/Chang asked if her colleagues: wanted to move forward as they.
Voted or change.their vote.
DECEMBER 7, 2010 PAGE 28 CITY COUNCIL
C/Everett said No. He said he appreciated the input and respected that
and it helped the Council going forward.as it already voted:
C/Tanaka:asked .if it was the City's responsibility to come up with a new
Specific Plan if the Council voted in favor, of. one hundred percent
residential.
CM/DeStefano responded to C/Tanaka that the City is the ultimate
decision -maker on the land use of the property, not the applicant, not the
property owner. In this case, the City and School District are working on a
cooperative effort to get to the land use decision.. The City could lay out
the land use scheme. Staff has heard ,100 percent residential as an
example and .staff has also heard discussions about a. public park, open
space area, etc. so it is really not one hundred percent residential but
something less than 100 percent residential.
C/Tanaka asked if by saying 100 hundred percent residential it would, not
allow for park space.
CM/DeStefano thinks the issue is, should the project be a mix of
commercial and residential in some shape or form or, should the project
be residential. He has heard in the past an interest in a park component.
He believed it was safe to say that regardless of the land use the Council
chooses, a park would be a part of that mix. So, what type of park, what
size park, and so forth and he believed that CSD/Rose would recommend
that a park should be closer to a two -acre flat development. If the Council
is leaning toward a commercial component with a park and some form of
residential then the Council proceeds with the direction it has given staff,
which is to seek a consultant to conduct outreach on that commercial
component and includel the residential and the parkcomponent. If the
Council is leaning toward a residential development .with a public park,
staff can also move forward without the need for public outreach and start
to help the Council define those components and help the school district
define more beyond what it said tonight "10 units per acre" that it might be
looking for. CM/DeStefano wants to make sure that staff is following the
Council's guidance: He wants to be sure that it is time and money well
spent and if anything has changed in. the last 15 to 20 minutes it would be
helpful to know that.
M/Tye, speaking to C/Tanaka, stated that the recommendation from the
School District was that Site D. be developed one hundred percent.
residential with minimal peripheral open space, greenbelt .arid park areas:
That was part of the recommendation. ' When he and C/Tanaka served. on
the Planning Commission and considered the' Sun Cal project, a
developer came before .the Planning Commission and presented to the:
City what they wanted to do was "X' with the property and the City came
back and said it thought "Y" would be more appropriate. It, is more
DECEMBER 7, 2010 PAGE 29 CITY COUNCIL
important to have that input and make that land use decision when there is
a developer in position to say what they would like to do.. For example, a
developer might say they want 50 units per acre and the City says, that's
never going to happen. But that scenario does not happen at this stage of
the deliberation and decision process:
C/Herrera asked if she would be able to make a motion, rescind the
previous °motion and make a new motion, or, was a different format more
appropriate.
CA/Jenkins stated that from a procedural point of view; the Council has
passed a motion and given staff direction. The only way to contradict that
motion would be a motion for reconsideration by one of the three
members who voted in favor of the previous motion. That motion would
then have to pass, at which point the Council would. then be in a position
to make a new motion to provide new direction.
C/Tanaka ` moved for reconsideration. M/Herrera seconded the motion.
Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS: C/Herrera, Tanaka, M/Tye
NOES: COUNCIL MEMBERS: Everett, MPT/Chang
ABSENT: COUNCIL MEMBERS: None
M/Herrera asked for clarification, on what her. motion could contain.
CM/DeStefano responded that,he believed the Council should specify a.
density, and you have -heard the School District suggest that 10 units per
acre would be palatable and they mentioned the Vantage project as an
example. He assumed that the portion of the Vantage project,to which the
school district referred was the single family homes. The Vantage project
ha's'two components:. The single family home component and the multi-
family component. CM/DeStefano recommended that the Council specify
a density which would give the staff and the public an understanding of the
Council's direction.
M/Herrera moved to eliminate the commercial component for Site D and
move to a density of 200 unit project of single family homes incorporating
a greenbelt area separating the development with the existing residential;!
properties with a berm, and a two -acre park. Motion seconded by M/Tye:
Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS: C/Herrera, Tanaka, M/Tye
NOES: COUNCIL MEMBERS: t,Evereft, MPT/Chang
ABSENT: COUNCIL', MEMBERS: None.
M/Tye asked if staff understood the directionfrom.Council.
DECEMBER 7, 2010 PAGE 30 CITY COUNCIL
CM/DeStefano indicated that staff had direction, as indicated by majority
vote, that the Council is interested in moving forward with a residential
project comprised of 200 dwelling units on the. approximate 20 -acre
development site that would appear to exist there. In addition, he heard
as part of the motion a two -acre park, a greenbelt between the existing
homes and future homes. With this direction, staff would begin the tasks
necessary to. begin to detail that vision with the consultants and bring back
to the meeting on December 21 any changes that would need to be made
to the EIR, Specific Plan and any of the other planning documents as well
as, changes to the Memorandum of Understanding between the City and
the school district. In addition, staff would recommend that the City
Council keep the Public Hearing open and move it to December 21.
M/Tye concurred and announced that the Public Hearing on this matter
would remain open and continue to December 21; 2010.,
7.2 ADOPT RESOLUTION NO. 2010-40: APPROVING THE CITY'S
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM INCLUDING
$383,691 IN FY .2011-2012 FUNDS AND $205804 FROM
UNALLOCATED BALANCE OF FUNDS FOR THE TOTAL AMOUNT OF
$589,495.
ACM/Doyle presented staffs report and recommended the City Council
receive an update of the current year's funding and how the money is
being used, presented a report on expenditures proposed for this year's
grant. Upon conclusion of his report, ACM/Doyle recommended that the
City Council receive staffs report, open the Public Hearing, Receive
Testimony, close the Public Hearing, and Adopt Resolution No. 40.
M/Tye opened. the Public Hearing.
With no one present who wished to speak on this matter, M/Tye closed
the Public Hearing.
MPT/Chang moved, C/Everett seconded, to Adopt Resolution No. 2010-
40: Approving the City's Community Development Block Grant program
including $383,691 in FY 2011-2012. funds and $205,804 from unallocated
balance of funds for the total amount of $589;4,95. Motion carried by the
following Roll.Call voter
AYES: COUNCIL MEMBERS: Everett, Herrera, Tanaka,
MPT/Chang, . M/Tye
NOES: COUNCIL, MEMBERS: None
ABSENT:',COUNCIL MEMBERS: None
CITY COUNCIL
PWD/Liu stated that the FreewayAgreement represents. another
DECEMBER 7, 2010 PAGE 32 CITY COUNCIL
Milestone and progress toward the construction of a newfreeway
interchange at Lemon Avenue. on SR 60.: The current agreement
supersedes the previous agreement executed in 1968 between the State
of California and the County of LosAngeles. At that time, the project
envisioned the State would build an eastbound off ramp and a westbound
on ramp at Lemon Avenue. Due to the lack of financial resources, that
project was shelved. The proposed project will consist of a three-legged
interchange, specifically a westbound onramp, eastbound onramp and
eastbound off ramp. The existing westbound' on and off ramps at Brea
Canyon Road will remain in place while the existing Brea Canyon Road on
and off ramps (existing hook ramps) will be removed once the new
interchange is completed. By approving this agreement tonight, the City is
authorizing the freeway interchange to be constructed at Lemon Avenue
within the City's jurisdiction. The proposed right-of-way phase is
scheduled to begin shortly and staff anticipates completion late 2012 with
construction begin shortly thereafter with completion anticipated for mid
2014.
There was no one present who wished to speak on this item.
MPT/Chang moved, C/Everett seconded, to approve Freeway Agreement
with the State of -California through the Department of Transportation
(CalTrans) for the construction of a new freeway interchange at Lemon
Avenue on State Route 60. Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS: Everett, Herrera, Tanaka,
MPT/Chang, M/Tye
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
8.2 APPROVE THE GRANT APPLICATION: FOR,THE HIGHWAY SAFETY
IMPROVEMENT PROGRAM (HSIP) FOR THE PATHFINDER ROAD
PEDESTRIAN AND STREET SAFETY ENHANCEMENT PROJECT.
PWD/Liu stated that in September CalTrans issued a call for projects for
the Highway Improvement Program for FY 2010-2011 with a funding'
apportion or availability of $17 million.. This program provides funds on a
competitive basis for safety improvement projects, public roadways,
bikeways and pedestrian walkways. This is a federally funded program
administered by CalTrans. In the past, the City has been successful in
receiving grant funds under this program; $25,000 for the Pathfinder Road
Median 'project, $400,000 for the Golden Springs' Safety Enhancement
project; $220;000 Sunset Crossing Neighborhood.Traffic Calming project:
With this opportunity, staff is proposing' to submit.theproject that would
continue the construction of landscape medians. along; Pathfinder Road
: between Brea Canyon Road and Diamond Bar Boulevard: The engineer
DECEMBER 7, 2010 PAGE 33 CITY COUNCIL
estimates $665,000 for this project and this application will include a '
request for 90 percent of the total project cost. If successful, staff will
come back to. the Council to request the 10% of the amount from
remaining resources for approval. Staff anticipates the results of the
application submittals will be available to the public in early spring of 2011.
There was no one present who wished to speak on this matter.
C/Everett moved, C/Tanaka seconded, to approve the grant application for
the Highway SafetyImprovement Program (HSIP) for the Pathfinder Road
Pedestrian and Street Safety Enhancement Project and authorize the City
Manager to execute contracts and related documents as may be
necessary to process this project as designed. Motion carried by the
4ollowing.Roll Call vote:
AYES: COUNCIL MEMBERS: Everett, Herrera, Tanaka,
MPT/Chang, M/Tye
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
'RECESS: M/Tye recessed the City Council Meeting to the Redevelopment Agency
Meeting at 10:45 p.m.
RECONVENE: M/Tye reconvened the City Council Meeting at 10:52 p.m.
9. COUNCIL SUBCOMMITTEE REPORTS/COUNCIL MEMBER COMMENTS:
C/Tanaka attended the DBHS Brahma Foundation dinner and awards night for
the performing arts and honor of former principal Denis Paul. He congratulated
Jonathan Wu, Troop 730, D.B.'s newest Eagle Scout; attended the City's Candy
Cane Craft Fair` last Saturday; DB4-Youth meeting. He congratulated John
Noguez, newly elected LA County Assessor. He recommended that ,the. City
Council send a Certificate of Congratulations to the new county. assessor. He
congratulated Linda Magnuson on her 21 years of service to the City:
C/Everett thanked everyone for their attendance and input this evening'. He
congratulated Linda Magnuson on her retirement after 21 years of service. Best
wishes for a Happy Holiday season and thanked Monsignor Loughnane for
tonight's. invocation.. Congratulations to M/Tye and MPT/Chang and thanked'
former Mayor Herrera.
C/Herrera' said the City would miss Linda Magnuson and congratulated Linda on
her retirement. She congratulated M./Tye and;MPT/Chang and said she believed
it would be,a great 2011 for D.B.
MPT/Chan reiterated that r
g esidents can follow heron Facebook and Twitter.
DECEMBER 7, 2010 PAGE 34 CITY COUNCIL
Agenda No. 6.1 Amended
Pg. 33
DECEMBER 712010 PAGE 36 CITY COUNCIL
for the Pathfinder Road Pedestrian and Street Safety Enhancement
Project and authorize the City Manager to execute contracts and
related documents as may be necessary to process this project as
designed. Motion carried by.the following Roll Call voter
AYES: COUNCIL MEMBERS: Everett, Herrera, Tanaka,
MPT/Chang, M/Tye
NOES: COUNCIL MEMBERS: None
ABSENT; COUNCIL MEMBERS: None
RECESS: M/Tye recessed the City Council Meeting to the Redevelopment
Agency Meeting at 10:45 p.m.
RECONVENE: M/Tye reconvened the City Council Meeting at 10:52 p.m.
9. COUNCIL SUBCOMMITTEE ` REPORTS/COUNCIL MEMBER
COMMENTS:
C/Tanaka attended. the DBHS Brahma Foundation dinner and awards
night for the performing arts and honor of former principal Denis Paul He
congratulated Jonathan Wu, Troop .730, D.B.'s newest Eagle Scout;
attended the City's Candy Cane Craft Fair last Saturday; D134 -Youth
meeting. He congratulated John Noguez, newly elected LA County
Assessor. He; recommended that the City Council send a Certificate of
Congratulations to the new county assessor. He congratulated Linda
Magnuson on her 21 years of service to the City.
C/Everett thanked everyone for their attendance and input this evening.
He congratulated Linda Magnuson on her retirement after 21 years of
service. Best wishes as we begin the Christmas and Holiday, celebrations
and thanks to Monsignor Loughnane for tonight's invocation.
Congratulations to M/Tye and MPT/Chang and thanked former Mayor
Herrera.
C/Herrera said the City would miss, Linda Magnuson and congratulated
Linda on her retirement. She congratulated M/Tye and MPT/Chang and
said she believed it would be a great 2011 forb.B: -
MPT/Chang reiterated that residents can., follow her on Facebook and
Twitter.
She.attended the League of California Cities strategic planning meeting:
She congratulated; M/Tye ,and thanked C/Herrera for her leadership *as<
Mayor and said she also looks forward to a great year. She thanked Linda
Magnuson for her years of dedication to the City and congratulated heron
her retirement. She offered her' condolences- to the family, of. Florence
Lyons, mother of Nancy Lyons. She wished everyone a Happy Hanukkah.
Agenda No. 6.2
CITY OF DIAMOND BAR
MINUTES OF THE TRAFFIC AND TRANSPORTATION COMMISSION MEETING
SEPTEMBER 9, 2010
CALL TO ORDER:
Chairman House called the meeting to order at 7:03 p.m. in the South Coast Air Quality
Management/Government Center Hearing Board Room, 21865 Copley Drive, Diamond Bar,
California 91765.
PLEDGE OF ALLEGIANCE: Vice -Chair Pincher led the Pledge of Allegiance.
ROLL CALL: Commissioners Ted Carrera, Jimmy Lin, Kenneth
Mok, Vice -Chair Liana Pincher and Chair Kevin
House
Also Present: David Liu, Public Works Director; Rick Yee, Senior
Civil Engineer; Kimberly Molina, Associate
Engineer; Christian Malpica-Perez, Associate
Engineer (Traffic); and Marcy Hilario, Senior
Administrative Assistant
1. APPROVAL OF MINUTES:
A. Minutes of the August 12, 2010 regular meeting.
C/Carrera moved, C/Mok seconded, to approve the August 12, 2010 minutes
as presented. Motion carried by the following Roll Call vote:
AYES: COMMISSIONERS: Carrera, Lin, Mok, VC/Pincher,
Chair/House
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS:. None
II. PUBLIC COMMENTS: Lynn Liu, 20819 Cliffside Lane, expressed concern about
the northbound Brea Canyon Road left turn lane at Diamond Point Lane and the
southbound vehicles making a right turn. This blocks the left turn lane queue. She
said that vehicles have to sit through three or four light cycles before being able to
proceed, especially during pickup and drop-off at South Point Middle School She
requested installation of a "no right turn on red between 7:00 a.m. to 8:00 a.m. and
2:00 p.m. to 3:00 P.M. on school days."
C/Carrera asked if there was a plan for the City to work with South Point Middle
School staff to resolve student drop-off issues. PWD/Liu responded that Diamond
Point Lane has sufficient capacity and what the speaker references is the intersection
bottleneck during peak hours.. Staff will investigate the reported condition.
SEPTEMBER 9, 2010 PAGE 2 T&T COMMISSION
Chair/House felt the matter required more enforcement to stop traffic from blocking,
the intersection and that perhaps the school could be required to move the traffic
through the drop-off area faster.
Ill. ITEMS FROM STAFF:
A. Received and Filed Traffic Enforcement Updates for:
1 Citations: June, July and August 2010
2. Collisions: June, July and August 2010
3. Street Sweeping: June, July and August 2010
C/Mok asked if there was a reason for the decrease in citations. PWD/Liu said
that the fine print refers to an officer injury as well as a vacation period.
IV. OLD BUSINESS: None
V. NEW BUSINESS: None
VI. STATUS OF PREVIOUS ACTION ITEMS:
SE/Yee reported that staff conducted a field investigation on a matter that C/Carrera
brought up at the, last meeting regarding morning traffic and vehicles attempting to
make a u -turn in order to head westbound on Pathfinder Road at Evergreen Springs
Road adjacent to DBHS. The turn movement referenced by C/Carrera has a
protected-permissiveleft turn signal and he went on to explain how the signal timing
-works. The green arrow goes on first and when the signal turns red, the permissive
green is still available fora left turn. Currently, the total cycle length is 65 seconds
with 31 seconds dedicated to through traffic and left -turn eastbound movements.
During morning hours, the westbound traffic is heavy. Staff also looked at shortening
time from the side streets and accommodating a longer green on the left turn.
However, taking the entire intersection into consideration, staff felt it would be best to
retain the,,current timing program rather than to provide preferential treatment to
vehicles during a very short timeframe during the day and penalize the remainder of
9
the neighborhood..
Chair/House said that at the last meetinghe h statedone could make a left turn out of
the DBHS parking lot. In fact, it is a right -turn only onto Pathfinder Road from Brahma
Road and.vehicles are forced to gotothe left turn lane on Pathfinder Road to make a
u -turn to travel westbound. He asked why vehicles are not permitted to make a left
turn out of Brahmae need to check he
Driv . ''PWD/Liu explained that Would..
ould
I c 1 established forthe high school and that he.w
previously approved circulation sta
provide a copy of the traffic circulation plan that was devised about five years ago by. -
the Sheriffs Department, the City's Traffic Engineer, and the school. It appears to him
SEPTEMBER 9, 2010 PAGE 3 T&T COMMISSION
that the school is no longer using that plan. Chair/House said that as Commissioners
they need to know all of the facts about traffic patterns in order to come to some
resolution.
VII. ITEMS FROM COMMISSIONERS:
VC/Pincher asked why the speed limit is posted at 45 mph on .Brea Canyon Road
south of Pathfinder Road south of DBHS. She said it felt good to have someone
come from another state and comment on how clean the City is.
Chair/House felt the Pathfinder Road improvements were completed very quickly and
every time he drove by the area, AE/Ching was present making sure the City was well
represented.
C/Lin said he believed the issue he brought up a couple of months ago about the
on/off ramp at Golden Springs and Grand Avenue was still valid.
C/Carrera asked about the scope of work being done on Diamond Bar Boulevard at
Albertsons and the Post Office. AE/Malpica-Perez explained that the purpose of the
work is to improve the line of sight issue by realigning the medians for better access
to the post office and the Allegro condominiums..
Chair/House asked if there was reason for the red cones on Pathfinder Road
westbound lanes. SE/Yee explained that the project is substantially complete with
minor punch list items remaining. At the conclusion of the project, the cones will be
removed.
VIII. INFORMATIONAL ITEMS:
A. Diamond Bar Boulevard Median Modification-AchMalpica-Perez reported that
the project is in its last phase with completion s eduled for early next week.
Once completed, the project is expected to improve` the line of sight for
vehicles making a left turn from. Diamond Bar Boulevard into the post office
and Allegro Condominiums.
B. Diamond Bar TMS/Traffic Signal Interconnect Links - SENee stated that staff
has made substantial progress on the integration of the CCTV, eight of which
have been installed. Currently, there is streaming video coming into City Hall
and remote control to pan, tilt and zoom each of the cameras. The streaming
video quality is bein tweaked as well as minor coimmunication issues that will
q Y 9
need to be resolved. The project is substantially complete. VC/Pincher.asked
if the.Commissioners would have an opportunity to view the system. SE/Yee '
SEPI EMBER. 9, ZU'I U VAUt 4 16L 1 UUMIV1101-31Uiv
D Industry's Grand Avenue Bridge Widening/Interchange Project - SE/Yee
stated that this is a two -phased project with the first phase being construction
of the westbound SR -60 slip ramp on the border of City of Industry and D.B.
The environmental document for the first phase is scheduled for. public
circulation sometime in October, with construction contemplated to commence
in 2012. The second phase consists of the Grand Avenue bridge widening,
construction of by-pass roads from eastbound SR -60 to Grand Avenue and
from Grand Avenue to the eastbound SR -60, as well as the Grand Avenue
ramp reconfiguration. The second phase is currently in the environmental
document development phase. Staff continues to attend monthly project
update meetings and have tentatively scheduled a study session with the City
Council sometime in November.. Commissioners will be invited to attend.
E. SR -57/60 Feasibility Study — SE/Yee reported that this joint study between
Metro, City of Industry and D.B. looked at the SR -57/60 interchange to
determine potential improvement alternatives. Three major alternatives were
discussed: Alternative A New connections, Alternative B - Separation of the
two freeways by laying them side by side, and Alternative C — Double decking
of the two freeways. The general conclusion of this study released last week
indicated that all three alternatives have similar performance with respect to
traffic operations while differing substantially in cost. Alternative.A appears to
be the lowest cost and will provide the least amount of residential property
impact. At the same time, all three alternatives have relatively comparable
impacts in terms of their right-of-way costs. This item is anticipated to be
included in a City Council study session update for November and, again, the
Commissioners are invited to attend that study session. C/Lin asked if the
Commissioners could receive a summary report prior to the study session.
SE/Yee said that staff plans to provide a packet to the Commissioners prior to
the actual presentation.
F. Pathfinder Median Improvement Project— SE/Yee reported that the project.is
substantially complete with minor punch list items to be. completed. This
project was funded with grant funds — mainly the Highway Safety Improvement
Program, as well as some contribution from Prop C local fund budget.
G. Environmental Enhancement Mitigation (EEM) Improvement Project- SE/Yee
stated that this project is also funded through grant funds in an amount close
to $300,000. Across from Caltrans property on Golden Springs Drive, there is
quite a bit of irrigation line and most of the system will be above ground with a
layer of mulch to cover the unsightly area. On the slope along Via Sorella and
Brea Canyon Road there is above -ground irrigation which will receive
plantings. The end result will also include a layer of mulch to improve the .
landscape.
H. Lemon Avenue On/Off Ramps Project — AE/Molina reported that 95percent
plans were completed and distributed to all Caltrans divisions responsible for
reviewing the plans as wellas, to. the City and its consultant.. There will be a
meeting next Wednesday to: go over all critical comrrients on the 95'pe"rcent
plans. Additionally, staff provided . a full written-.69.1'pect. update in the.
Commission packets.. The, right-of-way` acquisition' will commence. at the
SEPTEMBER 9, 2010 PAGE 5 T&T COMMISSION
beginning of 2011 and continue for 18 months with construction for the two-
year project beginning in 2012.
C/Carrera asked who would assume ownership and on-going maintenance of
the retaining wall. AE/Molina said this issue was under review. Itis believed
that Caltrans will maintain structural responsibility for the retaining wall — the
aesthetic responsibility will be negotiated between the state and the Citywith
respect to graffiti control.
C/Lin asked if there would be a taking of private properties. AE/Molina replied
there were five (5) partial takes along the residential rear yards of Flintage
Drive and two property takes of commercial properties to accommodate a curb
ramp and eastbound on-ramp. Caltrans will negotiate the takes. C/Lin asked
if there was any damage reimbursement for businesses. AE/Molina
responded that the City conducted an independent economic analysis of the
impacts to the intersection of Golden Springs Drive and Brea Canyon Road
once the existing hook ramps are closed. As a way to mitigate any losses,
Caltrans agreed to have the new eastbound off -ramp signage read Lemon
Avenue/Brea Canyon Road and once a vehicle exits onto Lemon Avenue,
"way finding" signs will be incorporated to get motorists back to the shopping
center through Lemon Avenue and Golden Springs Drive.
I. Residential — Area 6 Slurry Seal Project AE/Molina reported that all of the
streets that were designed to have the grind overlay treatment have been
completed. Slurry seal operations commenced last week and due to the
unseasonably cool and damp weather, the work could not be completed as
scheduled. Therefore, the slurry seal will continue until Monday of next week.
Once completed, the striping will be installed to complete the entire Area 6
project.
J. NTMP Maple Hill Road, Cleghorn Drive/Gold Nugget Avenue, and Briar
Creek Road/Decorah Road Neighborhoods SE/Yee. updated . the
Commission and thanked everyone who attended the most, recent
neighborhood meeting. Staff is looking to coordinate and collaborate with the
neighborhood to have them obtain the necessary signatures to gain consensus
for the conceptplan. Staff has had a. bit of difficulty getting in touch with
individuals who volunteered to lead the effort.
There was additional discussion regarding school traffic circulation and related
issues.
PWD/Liu reported that the City officially closed escrow and became the owner
of the building across the street lastweek. Staff is currently working with the
architects on interior improvements which should be finished in about year.
IX. SCHEDULE OF FUTURE CITY EVENTS: As stated in the agenda with the
.addition of the D.B. Day at the L.A. County Fair on: Thursday, September, 16.
SEPTEMBER 9, 2010. PAGE 6 T&T.COMMISSION
Agenda No. 6.3(a)
MINUTES OF THE CITY OF DIAMOND BAR
REGULAR MEETING OF THE PLANNING COMMISSION
OCTOBER 12, 2010
CALL TO ORDER:
Chairman Torng called the meeting to order at 7:02 p.m. in the South Coast Air Quality
Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar, CA
91765.
PLEDGE OF ALLEGIANCE: VC/Nolan led the Pledge of Allegiance.
1. ROLL CALL:
Present: Commissioners Kwang Ho Lee, Steve Nelson, Vice Chairman
Kathy Nolan and Chairman Tony Torng.
Absent: Commissioner Jack Shah was excused.
Also present: Greg Gubman, Community Development Director; Grace Lee,
Senior Planner; David Alvarez, Assistant Planner; and Stella Marquez, Senior
Administrative Assistant.
2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None
3. APPROVAL OF AGENDA: As Presented.
4. CONSENT CALENDAR:
4.1 Minutes of the Regular Meeting of September 28, 2010.
C/Nelson moved, C/Lee seconded, to approve the Minutes of the Regular Meeting of
September 28, 2010, as presented. Motion carried by the following Roll Call vote:
AYES: COMMISSIONERS: Lee, Nelson, VC/Nolan, Chair/Torng
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: Shah
5. OLD BUSINESS: None
6. NEW BUSINESS: None
7. PUBLIC HEARINGS:
7.1 Conditional Use Permit No. PL 2010-202 — Under the authority of Diamond Bar
Municipal Code Section 22.58, the applicant requested approval to operate a new
1,895 square foot, foot and body massage establishment located at Diamond Bar
Village, a 59,726 square foot shopping center located on .a 4.2 acre property.
zoned Community Commercial (c -z) with a consistent underlying_ General Plan
Land Use Designation of General Commercial (C).
OCTOBER 12, 2010 PAGE 3 PLANNING COMMISSION
CDD/Gubman said that that is a consideration because cities are looking to do
away with the CUP requirement altogether and simply require these
establishments to be 100 percent CAMTC certified. VC/Nolan asked if it would be
unreasonable for the City to impose a two-year timeframe on requiring the
massage therapists be CAMTC certified because this is a new business and this
lease space has been vacant for some time and she applauds anyone who would
want to come to the City and move into this large location. CDD/Gubman said he
believed` it was reasonable in concept. Once individuals become CAMTC, the
CUP is essentially irrelevant.
CDD/Gubman indicated to. Chair/Torng that once the establishment becomes
exempt from the CUP requirement, the City cannot impose a parking requirement
that is different from a retail user. Under the CUP, the City is requiring the use to
reserve 19 parking spaces. If the establishment did not go through the CUP
process it would be required to reserve only about six or seven parking spaces.
There were no ex parte disclosures.
Chair/Torng opened the public hearing.
Eric Ling, Architect, representing the owner, stated that he concurred with staffs
report and conditions of approval and wanted to believe that this establishment
business and service to the community.
would provide a high quality new
C/Lee said he did not have a positive impression about this business and he is
concerned about how close it is to the middle school and other schools. There are
a lot of kids who do not understand the nature of the business and have negative
impressions about massage businesses and what can be happening there.
Educationally, this does not give a good impression and he is concerned even
though the owner conducts the business. legally. If the business does not have a
name it should consider a different :business name, without the word massage,
that would not give kids and adults the wrong impression.
Mr. Ling said he discussed this issue with his client and overall, the practice is
more like a spa than a massage therapy. There has been no decision made.
regarding the name and he will definitely take the objection to his client for
discussion:
Chair/Torng asked Mr. Ling if he read staffs report and agreed with the conditions,..
especially the condition for the parking permit and Mr. Ling responded
affirmatively:
A student attending UCSD spoke at the meeting. He is majoring in microbiology
and on weekends after studying all week he tries to relax. In addition to watching
his diet, he attends massage establishments for a massage.. Foot massages. are ;
very relaxing and he urged everyone who had not. had a .foot massae. to try it.
g
OCTOBER 12, 2010 PAGE 5 PLANNING COMMISSION
:C/Nelson said he was uncertain whether the City could stipulate what could or
could not be placed on a sign. In 1984 the Asian Business Association of Pomona
sued the city because the city attempted to impose an English only sign ordinance
which was overturned as unconstitutional because it violated the right of free
speech: CDD/Gubman agreed with. C/Nelson's statement. However, if the
applicant would concur to such a condition he would not see a problem.
C/Lee said he did not believe the Commission could impose a condition regarding
the name. However, he understood VC/Nolan's concern and wanted to know if a
supervisor could be . licensed and oversee and supervise the workers.
CDD/Gubman said that in his view, that would be a reasonable condition to
impose because it places the burden of oversight on the management who could
then be putting their license on the line if an employee engaged in inappropriate
conduct: VC/Nolan said she would agree with that but did not believe that it was
unreasonable to require the employees to be state certified. CDD/Gubman agreed
and stated that there are certain "hot topics" in the planning profession with
regulation of these types of uses being one so he has been following this matter
closely. And when staff brings forward a bundle of code amendments, the
Commission can be assured that staff will either include this or provide the
Commissioners with staff's findings.
Chair/Torng summarized that for the time being C/Nelson said that in order to
impose sunset requirements, the applicant has to get a CAMTC license which is
illegal and asked if that was what VC/Nolan was trying to say. VC/Nolan
responded no, and further stated that after the dialogue she believed that if the `<
management was currently certified, she was okay with that. She: believed
C/Nelson spoke about the name of the business and she agreed with his
statement. She felt it was important for the Commissioners. to speak up about
what they would recommend would be appropriate and favorable for a business
name without having any jurisdiction in that area. In the meantime, staff will have
an opportunity to look at the development code and make the changes to the
code. So for her, requiring the management to be CAMTC certified wouldbe
sufficient.
CDD/Gubman reminded the Commission that the. applicant's representative has
gone on record as stating that the applicant is sensitive to the matter of the
business name and will take that into account when deciding the business name.
This.declaration in the public record maybe adequate for the Commission that the
applicant will give the naming of the business appropriate consideration regardless
of what Constitutional rights they may have.
C/Lee amended his motion to include a condition requiring that the'management
of the business be CAMTC certified at the time the business license issuance is
approved. C/Nelson seconded the amendment.
Motion carried by,the following Roll Call vote:
OCTOBER 12, 2010 PAGE 7 PLANNING COMMISSION
CDD/Gubman commented that an article in today's newspaper indicated that the Industry
Stadium is alive and moving forward. The developer is looking at modifying the project to
potentially accommodate a World Cup soccer event in the future.
CDD/Gubman reported that staff continues to work with the new city hall architects and
preliminary floor plan designs should be available toward the end of this week. The
library is moving forward as well although for structural reasons, they will lag behind the
City. IThe design development construction process appears. to be very encouraging that
this project will be a huge success.
CDD/Gubman stated that the City terminated its contract with its Building and Safety
consultant that has been with the City for the past 17 years. A new consulting firm is
providing building and safety services and staff will ask the City Council on October 19 to
extend the interim contract until the end of the current fiscal year. In the meantime, staff
will study this staffing opportunity to see whether it makes sense to hire in house staff to
provide those services or hire a City Building Official and contract out for inspectors and
other support services. Staff has time to study this matter and make the right decision
prior to the end of the current fiscal year.
CDD/Gubman indicated that November 1 through November 4 are the dates for the
California Chapter of the American Planning Association Conference in Carlsbad. He
plans to attend the entire conference as part of his obligation to maintain his certification
as a Certified Planner. All planning staff will have an opportunity to attend one or two
days of the conference as well. He said he would report back to the Commissionon any
items of interest learned.
10. SCHEDULE OF FUTURE EVENTS:'
As listed in tonight's agenda.
ADJOURNMENT:. With no further business before the Planning Commission, Chairman
Torng adjourned the regular meeting at 7:56 p.m.
The foregoing minutes are hereby approved this 14th day of December, 2010.
Attest:
Respectfully Submitted,
Greg Gubman
Community Development Director
ony Torng, man
Agenda N6. 6.3(b)
MINUTES OF THE CITY OF DIAMOND BAR
REGULAR MEETING OF THE PLANNING COMMISSION
OCTOBER 26, 2010
Chairman Torng called the meeting to order at 7:00 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.
1. ROLL CALL:
Present: Commissioners Kwang Ho Lee, Steve Nelson, Vice
Chairman Kathy Nolan and Chairman Tony Torng.
Absent: Commissioner Jack Shah was excused.
Also present: Greg Gubman, Community Development Director; Grace
Lee, Senior Planner; David Alvarez, Assistant Planner; and Stella Marquez, Senior
Administrative Assistant.
2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None
3. APPROVAL OF AGENDA: As Presented.
4. CONSENT CALENDAR:
4.1 Minutes of the Regular Meeting of October 12, 2010 — Continued.
Chair/Torng said he commented on CAMTC licensing (Page 5) and C/Lee asked to
have a disclaimer added to his comments about 200 establishments (Page 6).
CDD/Gubman said staff would listen to the tape and make the necessary
additions/corrections.
5. OLD BUSINESS: None
6. NEW BUSINESS: None
7. PUBLIC HEARINGS:
7.1 Conditional Use Permit No. PL 2010-263 — Under the authority of Diamond
Bar Municipal Code Section 22.58, the applicant requested approval to
operate a 2,271 square foot music school within Golden Springs Plaza, an
existing 52,460 square foot shopping center. The subject property is zoned
Regional Commercial (C-3) with a consistent underlying General Plan land
use designation of General Commercial (C).
OCTOBER 26, 2010
PAGE 2 PLANNING COMMISSION
PROJECT ADDRESS:
PROPERTY OWNER:
20657 Golden Springs Drive, Suite 212
Diamond Bar, CA 91765
Golden Springs Plaza, LLC
18856 Amir Road, Suite 6
Walnut, CA 91789
Esther Cho
1716 Brea Canyon Cutoff
Walnut, CA 91789
AP/Alvarez presented staffs report and recommended Planning Commission
approval of Conditional Use Permit No. PL 2010-263 to allow a music school,
based on the findings of Diamond Bar Municipal Code Section 22.58, subject
to the conditions of approval as listed within the resolution.
There were no ex parte disclosures.
Chair/Torng opened the public hearing.
Esther Cho asked to relocate her music school from Rowland Heights to
Diamond Bar. Ms. Cho has been in business for 28 years and has another
small school in Walnut. Ms. Cho believes the school will help the community
and will bring a lot of people to the shopping plaza as well.
Chair/Torng asked the applicant if she read staff s report and agreed with the
conditions of approval. Ms. Cho responded affirmatively.
Chair/Torng closed the public hearing.
VC/Nolan moved, C/Lee seconded, to approve Conditional Use Permit
No. PL 2010-263 to allow a music school, based on the findings of Diamond
Bar Municipal Code Section 22.58, subject to the conditions of approval as
listed within the resolution..
Motion carried by the following Roll Call vote:
AYES: COMMISSIONERS: Lee, Nelson, VC/Nolan,
.'Chair/Torng
NOES: COMMISSIONERS:' None
ABSENT: COMMISSIONERS: Shah
OCTOBER 26, 2010 PAGE 3 PLANNING COMMISSION
8. PLANNING COMMISSIONER COMMENTS/INFORMATIONAL ITEMS:
Chair/Torng told the Commission that he participated in the Site D community
workshop, and took part in the walking tour of Site D. The site tour was informative,
and he hoped the tour would help people understand the site.
9. STAFF COMMENTS/INFORMATIONAL ITEMS:
9.1 Public Hearing dates for future projects.
CDD/Gubman pointed out that the Commissioner's packets contain the flyerforthe
2011 Planners Institute that will be held March 9-11 in Pasadena. In the not too
distant future, staff will send out an email asking if Commissioners are interested in
attending.
CDD/Gubman stated that on Saturday, October 16, Walnut Valley Unified School
District held its community workshop for the Site D Specific Plan. The workshop
began at 8:30 a.m. with a site awareness tour, a walk through the Site D property
with participants stopping at key points to make observations in their workbooks.
Following the tour, the 67 participants returned to Castle Rock Elementary School
and concluded with a discussion about concerns, what the neighborhood residents
would like to see developed on the site, listing issues and ideas for the Site D
Specific Plan. The ideas were collected by the facilitator who is in the process of
preparing his report to the School Board at a special meeting on November 9, which
will illustrate the top issues and the top preferences/visions for development. The
School Board will likely schedule a follow up board meeting to decide whether the
members wish to modify the specific plan application based on the input provided by
the community. Following that event, there will be a City Council meeting to give the
School Board the opportunity to convey any proposed changes to the plan and the
City Council will direct staff accordingly on what the next steps in the process will
be, which could include some reconfiguration of the land use plan or drastic
changes to the plan, etc. The next City Council meeting is scheduled for November
16. However, at this time, staff does not believe that there will be enough time after
the November 9 School Board meeting to properly digest all of the information that
will be presented to the City Council. Most likely, there will be no direction from the
City Council until December 7.
CDD/Gubman announced that next week is the California Chapter of the American
Planning Association's annual conference in Carlsbad.. He will attend three of the
four days. SP/Lee and PT/Tobon will also attend one to two days of the
conference. Staff will report back to the Planning Commission on what took place
at the conference.
OCTOBER 26, 2010 PAGE 4 PLANNING COMMISSION
CDD/Gubman stated that the Shell Station project at Diamond Bar Boulevard at
Palomino Drive is back in business and the property is in a presentable appearance
while there is work in progress. The architect and the property owner are making
progress with the City's Building Official to get the plans and construction schedule
moving forward. Staff hopes this project will be completed in the next four to five
months. Staff believes concerns about blight and/or abandonment of the project
have been set aside and staff is encouraged the project will be completed.
10. SCHEDULE OF FUTURE EVENTS:
As listed in tonight's agenda.
ADJOURNMENT: With no further business before the Planning Commission,
Chairman Torng adjourned the regular meeting at 7:23 p.m.
The foregoing minutes are hereby approved this 14th day of December, 2010.
Attest:
Respectfully Submitted,
Greg Gubman
Community Development Director
CITY COUNCIL
Agenda # 6.4
Meeting Date: December 21, 2010
caber
TO: Honorable Mayor and Members of the City Council
FROM: James DeStefano, City Man g
TITLE: Ratification of Check Register dat d December 2, 2010 through
December 15, 2010 totaling $ 593,532.88.
RECOMMENDATION:
Ratify.
FINANCIAL IMPACT:
Expenditure of $593,532.88 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 December 2, 2010 through
December 15, 2010 for $ 593,532.88 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:
J
Financ D ector Assistant City Wager
Attachments: Affidavit and Check Register -12/02/10 through 12/15/10.
CITY OF DIAMOND B'
L!'J'HECK REGISTER AFFIDAVIT
The attached listings of demands, invoices, and claims in the form of a check register
including checks dated December 2,
2010 through December 15, 2010 has been
audited and is certified as accurate.
Payments have been allowed from the following
funds in these amounts:
Description
Amount
General Fund
$538,356.44
Prop A - Transit Fund
12,079.76
Prop C - Transit Tax Fund
11,107.78
Integrated Waste Mgt Fund
12,548.85 `
Com Dev Block Grant Fund
14,861.21.
LLAD 38 Fund
303.44
Capital Imp Projects Fund
4,275.40
$593,532.88
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Agenda # 6.5
Meeting Date: December 21 2010
r:�e�a►15�ALME WjciI
TO: Honorable Mayor and Members of the City Council
VIA: James DeStefano, City Man f g
TITLE: SECOND READING OF ORDINAVfO. 06 (2010) AMENDING TITLE 15
OF THE DIAMOND BAR MUNICCODE ADOPTING THE CALIFORNIA
BUILDING, PLUMBING, MECHANICAL, ELECTRICAL, RESIDENTIAL,
GREEN BUILDING STANDARDS, AND FIRE CODE
RECOMMENDATION:
Approve second reading by title only and adopt Ordinance No. 2010-06.
BACKGROUND:
On December 7, 2010, the City Council conducted a public hearing for a first reading of the 2010
California Building Codes in order to meet State mandates.
During that meeting, an urgency ordinance was also adopted to ensure no lapse of ordinance
effectiveness after the required January 1, 2010 date.
The purpose of this ordinance was to reintroduce old amendments, correct errors and omissions from
the State Building Codes, and update referencing due to the newly adopted California Green Building
Standards and Residential Codes. An accompanying resolution was utilized to address the local
findings of all the reintroduced and updated code items.
Effective date of the City amendments to the building codes is on January 1, 2010.
Prepared By:
Raymond Tao
Building Official
Reviewed By:
Greg Gubman
rnmmi inity nPvPInnmPnt r)irPr:tnr
RESOLUTION NO. 2010- 41
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
,
RESIDENTIAL CODE, CALIFORNIA GREEN BUILDING CODE,
CALIFORNIA PLUMBING CODE, CALIFORNIA ELECTRICAL CODE, AND
CALIFORNIA FIRE CODE, AS ADOPTED BY ORDINANCE NO. X (2010)
ARE REASONABLY NECESSARY BECAUSE .OF LOCAL CLIMATIC,
GEOLOGICAL OR TOPOGRAPHICAL CONDITIONS.
A. RECITALS
(i) California Health and Safety Code Section 17922 requires all cities to adopt,
as the City Building Standards Code, the State Building Standards Code adopted pursuant
to provisions of Chapter 4 of Part 2.5 of Division 13 1 of the California Health a I nd Safety
Code.
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
requirements contained in the provisions published in the State Building
Standards Code and the other regulations adopted pursuant to Section
17922 as it determines, pursuant to the provisions of Section 17958.7, are
reasonably necessary because of local climatic, geological or topographical
conditions."
Prior to making the modification. permitted. under Section 17958.5 of the
California Health and Safety Code, this Council is required to make an express finding that
such modifications or changes: are reasonably necessary.,
(iv), This Council desires to amend the provisions of, sections505.11.1., 1505.8,
e No. 1505.1, 1805.10, 3109.4.4, and nd Appendix J of.the "California Building.Code11 ,
0 Edition.
(v) This 'Council desires to amend the provisions of 8ectio.ns 89.1011.7.3,
89.108-.8, 89.108.4.2, 110.14, 334.1 O(A&B), 334.12(A), 59.0,.3(B), and Table 300-5 of the
"California Electrical Code", 2010 Edition.
(vi) This Council desires to amend the provisions of Sections R602.10.6.2(1),.
:
Table R602.10.1.2(2) R301.1.3.2, R329, R33.0, and R3.31 of the "California Residential
Code", 2010 Edition.
vii). This Council desiresto. amend the,provisionsof: subsection 722.6 of the,
"California Plumbing Code", 2010 Edition.
2010. 41
All legal prerequisites to the adoption of this Resolution have occurred.
B. RESOLUTION
NOW, THEREFORE, be it found, determined and resolved as follows:
1 e Recitals, Part A, of this Resolution.
In all respects asset forth in th
2. This Council does hereby expressly find and determine that the amendments
set forth in Ordinance XX (2010) amending Sections 1805.10 and 'Appendix J of the
"California Building Code" 2010 Edition and Sections R602.10.6.2(1), Table
R602.10'1.2(2), R301.1.3.2, and R329 of the "California Residential Code", 2010 Edition
and adding subsection 722.6 of the "California Plumbing Code", 2010 Edition are
reasonably necessary because of local climatic, geological, or topographic conditions. This
express finding is supported and based upon the following more specific findings and
determinations:
a. The hillsides in Diamond Bar are composed of Puente Formation, and
similar weak geological materials, while neighboring flatland areas are composed of more
stable fill and alluvial materials. These materials may be naturally unstable or weak in
terms of physical support. These highly expansive soil conditions are vulnerable to earth
movement.
b. The City of Diamond Bar experiences diverse temperatures, which
promotes expansion and contraction of the soil. This condition, is very damaging to
expansive type soil.
c. Because of the above-described climatic and geological conditions,
the City of Diamond Bar requires special engineering to support habitable structures within
the unstable soil areas and requires additional measures to be taken in connection with
excavation and grading on private properties. This will decrease possible damage due to
natural earth expansion and seismic activity.
d. 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
vulnerable 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 facilities
additionally exist, as well as freeway overpasses and major railroad right-of-ways.
e. 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
p q conditions within Diamond suppress fires and
conduct rescue operations. Moreover, theson conditions
and apparatus to nd Bar likewise occur
p pP
p
in surrounding communities, hereby rendering mutual aid assistance problematic, at best. .
2
f. The City is within a highly seismically active region. The City is
adjacent to various active faults including the Chino, Sierra Madre, Cucamonga, Whittier,
San Jacinto and Raymond Faults. It is necessary to modify the State Code as amended
by Los Angeles County and add additional foundation provisions.
Y
g•
The Cit has much hillside topography, unstable geology, watershed
areas, expansive soils, underground streams, and hillside fire hazard areas within the City.
h. Furthermore, climatic conditions within the community render it
extremely likely that, in the event of seasonal high winds and earthquakeoccurring, the
pp fires occurring throughout
County Fire Department wound be unable to suppress numerous
the community.
3. This Council does,hereby expressly find and determine that the amendments
set forth in this Ordinance XX (2010) amending. Section 3109.4.4 of the "California Building
Code"; 2010 Edition,'and Section of the "California Residential Code" are reasonably
necessary because of local climatic, geological or topographic conditions. This express
finding is supported and based upon the following more specific findings and.
determinations:
a. Because of the risk of delays in fire rescue response time due to traffic
congestion and due to the high number of swimming pools within close proximity to small
children because of local climate which makes pool ownership desirable, pool barriers are
necessary.
b. The City has several hillside areas that may delay emergency safety
rescue for drowning at swimming pools for small children.
4. This Council does hereby expressly find and determine that the amendments
set forth in this Ordinance XX (2010) amending Sections 89.101.7.3,.89.108.8, 89.108.4.21
110. 14, 334.10(A&B), 334.12(A), and 590.3(B) of the "California Electrical Code", 2010
Edition; are reasonably necessary because of local climatic;, geological or topographic
conditions. This express finding is supported and based upon the following. more specific
findings and determinations::
a. The City contains buildings constructed when aluminum wiring was
allowed which has been noted by the Consumer Product. Safety Commission to cause
fires. These fires become more hazardous as more load to systems are exacerbated
through time and require special knowledge to ensure proper installation procedures.
b. The City is in a, semi -arid region which allows certain protective
restrictions for wiring to consider wiring in these types of conditions.
c. Furthermore `climatic conditions within the community render , it
extremely likely that in the event: of Seasonal high,:winds and. earthquake occurring, the
ounty Fire Department would be unable to suppress numerous fires occurring throughout
C
the community: Therefore profiection of electrical wiring is essential in the above described
p magnified in high occupancy buildings..
events and this protection is ,.
3
20:10-41.
d. As found in Section 1 above, 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 vulnerable 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 facilities additionally exist, as well as freeway overpasses and
major railroad right-of-ways.
e. The City is subject to seasonable high temperatures and dry
atmospheric conditions which often occur during times of high -velocity winds which cause
potentially hazardous conditions of high expansion -contraction. Due to the climatic,
graphical conditions hereinabove described, the City is susceptible to
geographic and topo
weather change requiring limitation on wiring types.
4.. This Council does hereby expressly find and determine that the amendments
set for in this Ordinance XX (2010) amending Section 101.3.1, of the "California Green
Building Code", 2010 Edition, are reasonably necessary because of Local climatic,
geological or topographic conditions. This express finding is supported and based upon
the following more specific findings and 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 control and the general quality of life in our community, will suffer.
5. This Council does hereby expressly find and determine that the amendments
set forth in this Ordinance XX (2010) amending Section 331 of the'.California Residential
2010 .Edition: are reasonabl express finding s because
and based upon
Building Code", , f local l
imati
geological or topographic conditions. This c'
the following more specific findings and determinations:
a. The City of Diamond Bar is bisected by major freeways, located
primarily in a north -south direction and various large arterials including Golden Springs Rd.,
Diamond Bar Blvd., Pathfinder Rd., and Brea Canyon Rd. Substantial numbers of flood
control facilities additionally exist, as well as freeway overpasses and major railroad right-
of-ways. These maor thoroughfares create substantial noise which impacts the general
j
welfare of the community.
6. This Council does hereby expressly find
onsand
1 et 1.1n that th and he amendments
set forth in Ordinance No. XX (2010), amending Secti . ble No.
1505.1 of the "California Building Code` 2010 Edition, are reasonably necessary because
of local climatic, geological or topographic conditions. This express finding. is supported
and based: upon the following more specific'findings and determinations:
m. a. Located throughout the City of Diamond Bar, as ;well as in the
surrounding cities; are, numerous concentrations of structures which have roofs constructed .
of hinly cut pieces of wood, otherwise known as untreated shakes ,'as well as untreated
.4
wood shingles. These untreated wood shakes and shingles are extremely combustible in
nature.
b. The City of Diamond Bar, as well as the surrounding cities;�is located
in an area climatically classified as "arid" and prone to winds of high velocity. Moreover,
due to the and nature of the area, the weather during the windy, periods tends to be very
warm and dry. The dry weather conditions are very, hazardous, to the surrounding
undeveloped hillsides and wild lands which neighbor highly populatd areas.
C. Because of the above-described climatic and meteorological
conditions, the City of Diamond Bar and the surrounding cities have historically suffered
from occasional structural and brush fires. These have often beendifficultto control due to
the high velocity, dry winds carrying sparks and cinders to surrounding structures with roofs
constructed as described in paragraph 6.a. above.
7. This Council does hereby expressly find and determine that the amendments
set forth in Ordinance No. X.X% (2010), 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 and 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 control and the general quality of life in our community will suffer.
b. Because of the above-describedclimatic 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.
8. This Council does hereby expressly find and determine that the amendments
set forth in this Ordinance XX (2010) amending the "California Fire Code" (2010 Edition) by
adding the Los Angeles County Amendments, are reasonably necessary because of local
climatic, geological or topographic conditions. This express finding is supported.and based
upon the attached local conditions outlined. by the County of Los Angeles Amendments.
standards contained in this code and identified in the table below shall be applicable
only in those cities served by the District which have ratified the aforesaid sections in
accordance with California Health and Safety Code section 13869.
Section -
Local
Condition
Explanation anal Findings
Local amendment requiring brush clearance in order
to maintain defensible space for fire operations that
304.1.2—
Climatic and
is necessary due to Los Angeles County's unique
Vegetation
Topographical
climate and topography to reduce risk of fire -and 'to
minimize the spreading of fire to structures.
Prevents storage of combustible materials`under
stairways to help prevent fire in stairways from
315.2.2.1 -
preventing safe exit inevent of fire. Necessary
Storage under
Climatic,
because of increased danger of fire in
stairways
Los Angeles County due to.hot and windy
conditions.
Local amendment requiring brush clearance under
electrical transmission lines in order to'prevent fires
325:1.1 _
caused by powerlines and to maintain defensible
Support
pp
Climatic and
space for fire operations that is necessary due to
clearance
Topographical
Los Angeles County's unique climate and
topography to reduce risk of fire and to minimize the
spreading of fire to structures.
Local amendment requiring clearance away from
electrical transmission lines in order to prevent'fire5
325.1.2-
Climatic and
caused by powerlines and to maintain defensible
Line
Topographical
space for fire operations that is, necessary due to
's
clearance
Los An eles Count unique climate and
g y
topography to reduce risk of fire. and to minimize the
spreading offire.to structures.
Local amendment requiring clearance of trees and
other growth from aerial.cables in order to prevent .
325-1.3.—
fires and to maintain defensible space for fire
Self-
Climatic and
t .
operations that is. necessary due to Los Angeles
supporting
Topographical .
County's unique climate and topography to. reduce
aerial cable
risk of fire and fo minimize tho spreading of fire to `
structures..-._
Local amendment creating defensible space for fire
operations that is necessary due to Los Angeles
325.2.1 —Climatic
and
County's unique climate and topography, to reduce
Clearances
Topographical
risk of fire and to minimize the spreading of fire to
structures.
Local amendment creating defensible space for fire
Climatic and
operations that is necessary due. to Los Angeles
325.2.2—
Topographical
County's unique climate and topography to reduce
Extra Hazard
risk of fire, to minimize impacts of fire in fire hazard
severity zone, and to reduce possibility of wildland
fires s readin to structures:
Local amendment requiring clearance of roadways.
Climatic
imt a
vide adequate access for firefighting
.325.10—
Topographical
apparatus,op
to create defensible space for fire
Roadway
operations, and to reduce the possibility of wildland
Clearance .
fires spreading to structures Necessary due to Los
Angeles County's unique climate and topography.
Local amendment to require fire safety measures
Climatic,
including but not limited to water supply, firebreaks,
Geological,and
posting of fire watchers, access roads, .restriction of
Topographical
activities during high fire hazard and other
326.7 — Fire
conditions to maintain reasonable fire safety.
protection.,Necessary
due to Los Angeles County's unique
facilities
climate and topography to reduce risk of fire, to
required
reduce the possibility of wildland fires spreading to
structures; and to minimize impacts of fire. Further
necessary because risk of fire is increased due to
the prevalence of earthquakes in Los Angeles
County.
Climatic and `
Local amendment to reduce the threat of fires by
Topographical ;
requiring spark arrestors on chimneys that is
necessary due to Los Angeles County's unique
326. 12.2 -
climate and topography to reduce risk of fire and to
Chimneys `
minimize impacts of fire.` Such spark arrestors
reduce the likelihood of embers exiting a chimney
and igniting a fire.
Local amendment requiring clearance of roadways
Climatic and '"
to provide adequate' access for .firefighting
326:14 - Topographical
apparatus, to create defensible space forlire
operations, andtoostructuresthe wildland
b'a y of
Clearance',
Nece due "
fires spreading. ry
Angeles County's unique climate and topography.
Provides for additional access requirements
necessary because of terrain, climate or other
factors that limit access. Necessary to ensure
503.1.2—
Climatic,
adequate response times due to the unique climatic
Additional
Geological, and
and topographical conditions that increase the risk
access
Topographical
of fres in fire hazard severity zones. Further
I
ecessary because risk of fire is increased due to
the prevalence of earthquakes in Los Angeles
Counly.
Requires unobstructed clearance to sky on fire
apparatus access roads with exception for protected
tree species. Necessary to prevent obstruction of
access roads by tree limbs or other obstructions and
thus allow for quick response times to fires and
503.2.1 -
Climatic,
Geological, and
other emergencies. Necessary to ensure adequate .
g ry q
Dimensions
Topographical
response times due to the unique climatic and
P
topographical conditions that increase the risk of
fires in fire hazard severity zones. Further
necessary because risk of fire is increased due to
the prevalence of earthquakes.in Los Angeles
County.
Provides for more stringent width, turning radius and
grade specifications for access roads to ensure
503.2.5 =
Climatic, -
access for fire apparatus. Necessary. due to unique
Dead -ends
Geological, and
climatic and topographical conditions that increase
Topographical
the risk of fires. Further necessary because risk of
afire is increased due to the prevalence of.
earthquakes in Los Angeles County.' -
Adds speed bumps to list of prohibited obstructions
to fire apparatus access roads. Speed bumps
reduce response times to fires and other
503.4—
emergencies because fire apparatus have to slow
Obstruction :
Climatic,
down to pass over them or drive around them.
of fire
Geological, and
Necessary to ensure adequate response times due
apparatus
Topographical
to the unique climatic and topographical conditions
access roads
that increase the risk of fires in fire hazard severity.
zones: Further necessary because risk of fire is
increased due to the prevalence of earthquakes in
LosAn eles County.
503.4, 1., —
Requires fire code official approval to install traffic
Traffic
Glimatic,
Geological, and
calming devices Such devices can reduce
calming
Topographical ;
response times to fires and other emergencies..
devices
Necessary to ensure adequate'res onse times due .
ryp
HOA.734555.1 163
2010' 41:
to the unique climatic *and topographical conditions
that increase the risk of fires in fire hazard severity
zones. Further necessary because risk of fire is.
increased due to the prevalence of earthquakes in
Los Angeles County.
503.7 —Fire
Requires additional fire protection systems including
protection in
fire -flow and access, for recreational vehicle,
recreational
mobile home, and manufactured housing parks,
vehicle,
sales lots, and storage lots. Necessary to ensure
mobile
Climatic,
adequate water supply and access to such locations
home, manu-
Geological, and
due to the unique climatic and topographical
-factured
Topographical
conditions that increase the risk of fires in fire
housing
hazard severity zones. Further necessary because.
parks, sales
risk of fire is increased due to the prevalence of
lots, and
earthquakes in Los Angeles County.
storage lots
Provides various design and location requirements
for solar photovoltaic systems installed on roofs of
buildings for residential and commercial structures.
Access and spacing requirements ensure firefighter
504.5 - Roof `
' Climatic,
access to the roof,, provide access pathways to
top access
Geological, and
specific areas of the roof, provide for venting cut-out
and safety
Topographical
areas, and to provide emergency egress from the
roof. Necessary because of increased danger of fire
in Los Angeles County due to climatic and
topographical conditions.
Requires a draft hydrant for swimming pools and
507.5.1.1 =
spas located in the fire hazard severity zone in: order
Pool draft
to provide a source of water to fight fires. Necessary
system in fire
Climatic, because of unique climatic and topographical
hazard
Geological, and conditions that increase the risk of fires in fire
severity
Topographical hazard severity zones. Further necessary because .
zones_
risk of fire is increased due to the prevalence of
earthquakes in Los Angeles County.
Providesposting of sign to notify fire department of
draft hydrant for swimming pools and spas in fire
507.5'10—.
hazard severity zone. Necessary because of
Draft System
Climatic,
unique -climatic and topographical conditions that
identification
Geological, and
increase the risk of.fires. in fire hazard severity
sign
Topographical
zones:' Further necessary because risk of fire is
increased due to the prevalence of earthquakes in
Los Angeles County.
Prohibits obstruction of fire protection equipment.
901.7.7--
Necessary because of unique climatic and
Obstruction to
Climatic,
topographical conditions that increase the risk of
fire protection
Geological, and
fires in fire hazard severity zones. Further
equipment
Topographical
necessary because. risk of fire is increased due to
the prevalence of earthquakes in Los Angeles`
County.
Provides signage requirements for water control
_ .
7Above-
valves in order to facilitate fire fighter identification
Climatic,
and use of said valves- in an emergency. Necessary
ground water
Geological; and
because of unique climatic and topographical
control valve �
Topographical
conditions that increase the risk of fires in fire
signs
hazard severity zones. Further necessary because
risk of fire is increased due to the prevalence of
earthquakes in Los Angeles County.
Provides clearance requirements for water control
901.7.11 —
valves in order to facilitate fire fighter identification
Clear space
and use of said valves in an emergency.. Necessary
around .;
Climatic,
"
.
because of unique climatic and topographical .
above-ground
Geological, and
conditions that increase the risk of fires in fire
water control
Topographical
hazard severity zones. Further necessary because
valve signs
risk of fire is increased due to the prevalence of
earthquakes in Los Angeles County.
903.1.2
Occupancies
in Fire Provides an additional level of protection to
Hazard occupancies in case of a fire by requiring installation'
Severity of automatic fire sprinklers. Necessary because of
zones and in Climatic, unique climatic and topographical conditions that
the Malibu- Geological, and; increase the risk of catastrophic fires in fire hazard
Santa Monica Topographical severity zones and due to the topography that
Mountains or reduces response times to fires. Further necessary
San Gabriel because risk of fire is increased due to the
Southface prevalence of earthquakes in Los Angeles County.
ureas
Provides an additional level of protection to
occupancies in case of a fire by requiring installation
903.2.11.3
of automatic fire sprinklers. Necessary because of
Building over
Climatic and
large number of buildings over three stories in
three. stories
Geological
Los Angeles County that increases the risk of fire
in height
due to damage or collapse of buildings due to the
increased prevalence of earthquakes in Los Angeles
County.
Requires installation of exterior fire alarm visual
device:- Visual alarms are necessary to warn both
disabled and non -disabled persons. Necessary
903.4.2 -
Climatic and
because of increased likelihood of fires due to
Alarms
Geological
climatic conditions. Further necessary because risk
of fire is increased due to the prevalence of
earthquakes in the county.
Requires installation of devices for the automatic fire
903.7_
sprinkler system within an exit stairway enclosure.
Buildings
Climatic and
Necessary because of increased likelihood of fires
Four or more
Geological
due to climatic conditions. Further necessary
stories
because risk of fire is increased due to the
prevalence of earthquakes in the coup
Class 1
Construction and installation requirements for Class
standpipes;
Climatic
I standpipes to ensure adequate fire protection
905.2.1.1,
systems and water supply due to fires in Los
905.2.1.2;
Angeles County's hot and windy climate..
905.2.1.3
90.5.4 -
Location ofInstallation/Regulation.
of Fire Protection System to
Class IClimatic
ensure proper location of. hose connection to control
.standpipe
fires in Los Angeles County's hot. and windy climate..
hose
connections
905,5.3 -
Installation and regulation of interiorwetstandpipes
Class II
Climatic
to ensure adequate fire protection system due to
System 1 1/2-
fires in Los Angeles County's. hot and windy climate.
inch hose
Local amendment regarding installation and
905:0' 1 `
regulation of Fire Protection System to ensure
Protection
Climatic
proper location of hose connection to control fires in .
Los Angeles County's hot and windy climate.
910.2 -
Where
requiredfire
Climatic
roofs of buildings or portions thereof occupie. as
Group F-1, S-1, or containing high -piled combustible
storage. Necessary because of increased danger of
in los Angeles Countydue to hot and windy .
conditions.
Size requirements for Class III standpipes to ensure
905.6.1.1 -
Climatic
adequate fire protection system due to fires in Los
size
Group S-2
An eles County's hot and wind climate.
905.9 - Riser
Additional requirements to fire protection system for
shutoff valve
Climatic
testing, maintenance and operation to control fires
supervision
—
Mechanical `
in Los Angeles County's hof and windy climate.
and drain
905.12 -
Climatic
Requires installation and other guidelines related to
Basement
exhaust
inlets for fire protection systems in basements.
pipe'nlets,
Necessary because of increased danger of fire in Los
905.12.1,
9121.2.1.—
Angeles County due to hot and windy conditions. :
905:12.2,
Visible
Topographical,:
905:12.4
location
Prohibits concealing or obstructing fire alarm
907.9.4:1 -
Climatic, ;
equipment. Necessary because of increased dan]er
Obstruction
Geological,
of fire in Los Angeles County due to hot and wind
of fire alarm
and
conditions. Further necessary because the risk
equipment
Topographical
fire is increased due to the prevalence of
earth uakes in Los Angeles County.
Requires installation of smoke and heat vents in
A
910.2 -
Where
requiredfire
Climatic
roofs of buildings or portions thereof occupie. as
Group F-1, S-1, or containing high -piled combustible
storage. Necessary because of increased danger of
in los Angeles Countydue to hot and windy .
conditions.
Requires smoke and heat removal for basement
910.2.1.1 —
level parking garages. Necessary because of
Group S-2
Climatic
increased danger of fire in Los Angeles County due
to hot and windy conditions.
'010.4
Requirements fo.r mechanical smoke exhaust in
—
Mechanical `
....buildings. Necessary because of increased danger
smoke
Climatic
of fire in Los Angeles County due to hot and windy
exhaust
conditions.
Requires fire department connections.to be located ;
within. 150 feet of a public fire hydrant'and at a safe.
9121.2.1.—
Climatic,
distance from the building: Necessary because of
Visible
Topographical,:
increased danger of fire in Los Angeles County. due
location
Geological
to hot and windy conditions. Further necessary
be the risk of fire is increased du the
. .:
alerice of earthquakes in Los'Angelesto
prey County. .
Requires red paint on fire department connections
subject to rust or corrosion in order to identify them
912.7—
Climatic,
to firefighters and protect from the elements.
Identi-
Topographical
Necessary because, of increased danger of fire in
fication
Los Angeles County due to hot and windy
conditions.
Requires breakable caps or plugs for fire hose
912.8—
couplings to protect them from the elements and to
Breakable
Climatic,
ensure easy access to the fire department
caps or
Topographical
connection during fires. Necessary because of
plugs
increased danger of fire in Los Angeles County due
to hot and windy conditions.
Requires Spray booths to have automatic. fire,
sprinkler system protection under specified
914.9.1 -
Climatic
conditions. Necessary because of increased
danger of fire in Los Angeles County due to hot and
Spray
booths
windy conditions. Further necessary because the
risk of fire is increased due to the prevalence of
earthquakes in Los Angeles County.
Requirements for signage warning against elevator
use in an emergency. Necessary to ensure proper
notice and evacuation in case of fire or other
1007.9.1 -
Signage of
Climatic,
Geological,
emergency. Necessary because of increased
danger of fire in Los Angeles County due to hot and
high-rise
and :.
windy conditions. Further necessary because risk
buildings
Topographical
of fire and need for evacuation is increased due to
the prevalence of earthquakes in Los Angeles
Cozen
Provides for additional public safety
evacuation/landing area on high-rise buildings..
1107.9—
Climatic;
Necessary due to large number of high-rise
Helistops for
Topographical
buildings in Los Angeles County and difficulty in
high rise
evacuating high-rise buildings in. case of fire or other
emergency.
'
Provides for requirements. for.helistops in fire hazard
severity zones to enable helicopters and associated
1107.10 - :
water tenders and support equipment to safely _
Helistops in
operate to conduct operations to. combat fres in
fire hazard
severity zones;
Climatic;
Topographical
those areas. Necessary because of increased
danger of fire in Los Angeles, County due to hot and
1107:10.1;
windy conditions and topography that hinders the
Surface;
ability for fire apparatus to gain access to remote
portions of the County.
Provides far a hydrant next to helistops in fire
hazard,severity zones to enable helicopters to fill
their tanks to facilitate water drops on wildland fires
1107.10.2 - Climatic;
in those areas. Necessary because of increased
Hydrant Topographical
danger of fire in Los Angeles County due to hot and
windy conditions and topography that hinders the
ability for fire apparatus to gain access to remote
portionsof the County.
Provides for requirements for fire apparatus access
to helistops in fire hazard severity zones to enable
support equipment and apparatus associated with
1107:10.3 - Climatic;
helicopter operations to combat fres in those areas..
Access Topographical.
Necessary because of increased danger of in
the county due to hot and windy conditions. and
topography that hinders the ability far, fire apparatus
to `Win access to remote portions of the County._.n
Provides for spray booths to be equipped with
1504.4 -Fire
automatic fire sprinklers. Necessary because of
Climatic
Protection......
increased danger of fire in Los Angeles County due
to hot and windy conditions.
Provides requirements for fruit and crop ripening
Sections 1603,
operations to prevent ignition of ethylene gas and
1604, 1605, Climatic and
reduce risk of fire and explosion. Necessary
1606, 1607 = Geological '
because of increased danger of fire in Los Angeles
Fruit and Crop
County.due to hot and windy conditions and to
Ripening'
reduce risk of fires and explosion from earth wakes.
1910 -Storage
-
of Combustible
Idle Pallets,
1910.10,
provides requirements for the safe storage of
19.10.21
combustible pallets to reduce risk of fire. Necessary
191.0.3,.,
Climatic
because of increased danger of fire in Los Angeles
1910.4,
County due to hot and windy conditions.
191 Q.S,
1910.6, Table
1910.4.1,
Table 1910.4.2
Provides for increased separation for aisles:.:
Necessary because of unique climatic conditions
Table 2306.2.
Climatic.and
that increase the risk of fires. Further necessary.
Geological
because, risk of fire is increased due to the,
prevalenco.of earthquakes in Los Angeles County.
Requires installation of smoke and heat vents.
2306.7.1 -
Necessary because of increased danger of fire in
Vents
Climatic
Los Angeles County due to hot and windy
conditions. ,
Provides for effectiveness of sprinkler systems by
2308.2.2—
prohibiting solid shelves, which would restrict water
Racks with
from extinguishing fire on shelves. Necessary
solid shelving
Climatic
because of increased danger of fire in Los Angeles
County due to climatic conditions.
Increased clearance requirements for combustible
Climatic and
vegetation near tents and membrane structures.
2404.21 -
Topographic
Necessary to increase fire and life safety around
Combustible
such structures and to create defensible space,
vegetation.
Necessary because of fire risk due to climate and
unique topographyof Los An eles County.
Geological
Requirements for protective devices to be installed
on fuel gas and oxygen lines to increase safety and
2605.9—
reduce risk of explosion and fire: Necessary
Backflash
because. risk of leaks or tank failure is increased
Prevention
due to the prevalence of earthquakes in Los
Angeles County.
Creates requirements for floors in buildings where
Climatic and
hazardous materials are used or stored. Necessary
-
Geological
to increase fire and life safety and to minimize fire
2703.11.3.8
danger from hazardous materials. Necessary,
Floors
because risk of fire and spillage of hazardous
materials is increased due to the prevalence of
earthquakes in Los Angeles County.
Geological
Requirements for secondary containment of
flamrriable and combustible liquids that are
3404.2.8.3 —
necessary to increase fire and life safety and to
Secondary
prevent fires involving flammable and combustible
Containment
liquids from spreading. Necessary because risk of
leaks or tank failure is increased due to the
prevalence of earthquakes in Los Angeles County.
Require foam deluge system. Necessary because' .
3404.2.8.16-1:
Climatic and
of increased danger of fire in LosAngeles County
- System
Geological
due to climatic conditions and because risk of leaks
requirements
or.tank failure is increased due to the prevalence of
earth uakes in Los Angeles County.
HOA.734555.1 1
71
2010 41
Requires all above -ground tanks exceeding 1,500
square feet of liquid surface area used for the
3404.2.9.1.1 -
storage of Class I or Class II flammable liquids to be
Required foam Geological and
provided with foam fire protection. Necessary
fire protection Climatic
because of increased danger of fire in Los Angeles
systems
County due to climatic conditions and because risk
of leaks or tank failure is increased due to the
prevalence of earthquakes in Los Angeles Count
-I *
Provides for additional spacing. between tanks to
2.96.1
T.3Locatiion
reduce fire danger and help prevent fire from
Geological and
spreading to adjacent tanks. Necessary because of
increased danger of fire in Los Angeles County.due
g
of tanks for
boilover Climatic
to climatic conditions and because risk of leaks or
liquids
tank failure is increased due to the prevalence, of
earthquakes in Los Angeles Count .
Construction and fire access requirements for liquid
Geological and
storage rooms. Necessary because of increased
3404.3.7.6 - Climatic
danger.of fire in Los Angeles County due to climatic
Construction,
conditions and because risk of explosion or,
container failure is increased due to the prevalence
of earthquakes in Los Angeles County.
Provides increased distances for bulk transfer and
process transfer operations so that they are. farther
away from the public and other buildings.
3406.5.1.1 - Geological and Necessary because of increased danger of fire in
Location Climatic Los Angeles County due to climatic conditions and
because risk of leaks or tank failure is increased
due to the prevalence of earthquake in Los.,
Angeles County
Class I, Il, or III liquids shall be transferred from a .
:tank vehicle. or tank car only into an approved
[34106.5.1-19Geological
atmospheric tank or approvedportable tank.
and
Necessary because of increased danger of fire in
- Liquid
Climatic
Los Angeles County due to' climatic conditions and
transfer.
because risk of leaks or tank failure is increased
due to the prevalence of earthquakes inLos
Angeles County.
Requirements for LP gas storage tank. distances.':
3804.4 —
Necessary because of increased danger of fire in
Multiple
Geological and
Los Angeles County due to climatic conditions and
container.
Climatic
because risk of leaks or.Jank failure is increased
%os
installation
due to the prevaience of earthquakes.in L
Angeles County
HOA.734555.1 1
71
2010 41
Creates requirements for fire access roads for
4605.1 -tire
Climatic and
outdoor operations to enable fire apparatus to gain
storage yard;
Topographical
access to fight fires. Necessary to increase fire and
4605-1.1—
life safety and to minimize risk of fire spreading
access to
beyond storage areas. Necessary because risk of
piles;
fire due to climate and topography in Los Angeles
4605.1.2
County.
Local amendment providing that defensible space
requirements shall also comply with Chapter 3 of .
this code. Necessary due to Los Angeles County's
4907.1—
Climatic and
unique climate and topography to reduce risk of fire
General
Topographical
and to minimize impacts of fire in fire hazard
severity zone.
4908.1 - Fuel
Modification
Local amendment creating defensible space for fire
Plan in Fire
operations that is necessary due to
Hazard
Climatic and
Los Angeles County's unique climate and
Severity
Topographical
topography to reduce risk of fire and to minimize
Zone;
impacts of fire in fire hazard severity zone. .
'4908.1.1 Plan
Modification
Creates requirements for fire access roads and
5004 —fire
Climatic and
storage requirements for tire storage in automobile
apparatus
Topographical
wrecking yards. Necessary to enable fire apparatus
access roads;
and fire fighters to gain access to fight fires and
5006 —
respond to emergencies. Necessary because risk of
housekeeping
fire due to climate and topography in Los Angeles
5.008 tires;
County.
APPENDIX B
Topographical
Provides for increased fire-flow to allow for more
B105.1 —
and Climatic
water to be;available to fight fires. Necessary
One-family
because of increased danger of fire in Los Angeles
dwellings
County due to climatic and topographical conditions.
Topographical
Provides for increased' fire-flow to allow for more
APPENDIX B
and Climatic
water to be available to. fightfires. Necessary
B105:1.1 —
because of increased danger of fire in
Two-family
Los Angeles County due to climatic and
dwellings
topographical conditions.
APPENDIX T__j_r
B105.2 —nd
Buildings
other -than
one -and two-
family
dwellings
APPENDIX B
13105.3 —`
Mobile home
parks.,County
opographicalrovides
Climaticater
-
Topographical
and Climatic
faincreased fire -flow to allow for more
to be availabletofightfires. Necessary
ecause of increased danger of fire in Los Angeles'
County due to climatic and topographical conditions.
,
Provides for increased fire -flow at mobile home parks
in Very High Fire Hazard Severity Zones to allow for
more water to be available to fight fires. Necessary
because of increased danger of fire in Los Angeles
due to climatic and topographical conditions.
APPENDIX B
Topographical
Provides for increased fire -flow for subdivisions of
B105.4 -
and Climatic
land to allow for more water to be available to fight
Land
fires. Necessary because of increased danger of fire
subdivision
in Los Angeles County due to climatic and
projects
topographical conditions.
APPENDIX
Topographical
Provides for hydrant spacing on streets to ensure
C, Section
and Climatic
hydrants are accessible to firefighters. Necessary
C1'02.2 -
because of increased danger of fire in Los Angeles'
Location on
County due to climatic and topographical conditions.
street
APPENDIX
ITopographical
Provides 'for hydrant spacing to ensure that water is
C. Section
and Climatic
available to fight fires. Necessary because of .
C105.2 -
increased danger of fire in Los Angeles County due
One -family
to climatic and topographical conditions..
dwelling
APPENDIX.
Topographical
Provides for hydrant spacing for cul-de-sacs to
C; Section
and Climatic
ensure that there is adequate water supply available
C105 2.1 -
to fight fires.: Necessary because of increased
Cul-de-sac
danger of fire in the County due to climatic and
hydrant
topographical conditions.
APPENDIX"
Topographical
y spacing for buildings other than
Provides for hydra.
.
C, Section
and Climatic
single family dwellings to ensure that there is
C105.22
adequate water supply available to fight:fires.
,Buildings �
Necessa because of increased danger of fire in the
Necessary g
other than
,
County due to climatic and topographical conditions.
one -family,
dwelling
Units. .
APPENDIX
C, Secttion
0106 on-
site hydrants
Topographical
and Climatic
Provides requirements for on-site hydrants to ensure
that there is adequate water supply available to fight
fires.. Necessary because of increased danger of fire
in Los Angeles County due to climatic and
to o ra hical conditions.
APPENDIX K
Provides various design and location requirements
- Roof
Topographical
for solar photovoltaic systems installed on roofs of
Obstructions,
and Climatic
buildings for residential and commercial structures.
K103.1,.
Access and spacing requirements ensure firefighter
K103.2,
access to the roof, provide access pathways to
K103.2.1;
specific areas of the roof, provide for venting cut-out
K103.2.1.1,
areas, and to provide emergency egress from the
K103.2.1.2,
roof. Necessary because of increased danger of fire
K103.2.1.3,
in Los Angeles County due to climatic and
K103.2.2,
topographical conditions.
-K103.2.2.1, ,
K103.2.3,
K103.2.4,
K103.3,
K103.4,
K103.4.2,
K103.2.1,
K103.4.2.2,
K103.4.2.3,
K103.4.2.4,
K103.4.3,
K103.4.3.1,
K103.4.3.2,
K103.4.3.2.1,
K103.4.3.2.3,
K1.03.4.3.2.4,
K103.4:3.2.5,
K1 03.4.3.2.6„
K103.5,
K103.5,1
ndix
Topographical
Provides various design and location requirements
.1,
and Climatic
for roof gardens and landscaped roofs for residential
.2,
TKI
and commercial structures. Access. and spacing
requirements ensure firefighter access to the roof,
.2.1,
K104.2.2
provide access pathways to specific areas of the
KI 04.2.2.2,
roof, provide for venting cut-out areas, and to provide
K104.2.2.3,
emergency egress from the roof. Necessary because
K104.2.3,
of increased danger of fire in Los Angeles County
K104.2.3.1,
due to climatic and topographical conditions.
K104.2.3.2
K104.2.3.2.1,
K104.2.3.2.2,
K104.2.3.2.3,
K104.2.3.2.4,
K104.2.3.5,
K104.2.3.6,
K104.3
SECTION This ordinance shall become effective on January 1, 2011..
Agenda #
Meeting Date: December 7, 2010
CITY COUNCIL �� ` AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
VIA: James DeStefano, City Manager :
TITLE: Adopt Urgency Ordinance No. X (2010)U and First Reading of Ordinance No.,X
J201 0) amending Title 15 & 16 of the Diamond Bar Municipal Code and Adopt
Resolution No. 2010 -XX determining that modifications ` to the California
Building, Residential, Green, Plumbing, and Electrical Codes, and California
Fire Code with Los Angeles County Amendments are reasonably necessary.
RECOMMENDATION:
Introduce first reading by title only and waive full reading of Ordinance No. X (2010), set
second reading for January 4, 2010, adopt Urgency Ordinance No. X (2010)U, and adopt
Resolution No. 2010 -XX.
FISCAL IMPACT:
None.
BACKGROUND:
The City Council previously adopted the 2007 California Building Codes in November 2007.
Typically, 'every three years the State of California (State) reviews various Model: Building
Codes and adopts the most current California Building Codes printed by the International
Code Council (ICC)as mandated by State Health and Safety Code Section 17958. During
this code cycle, the State has added two new Building. Codes for adoption: The California
Residential Code and California Green Building Standards.Code. Local cities are required to '
adopt these codes by ordinance or they will automatically be adopted by operation of law. In
July'of this year, the State finally adopted the 2009 ICC codes as California Building Codes
with State amendments, which requires cities 180 days to follow suit. Therefore, cities have
until January, 1 2011 to adopt the 2010 State Codes. Further, :the State. allows cities to.
amend the California Building .Codes to meet ;their unique climatic; geographical, and
too ra hical conditions.
i
pg.p
PROPOSED CALIFORNIA. BUILDING CODES WITH DIAMOND BAR'S LOCAL
AMENDMENTS:
General:
The codes adopted by the State are the "California Building Code", 2010 Edition, Volumes 1
and 2, the "California Residential Code", 2010 Edition, the "California Green Building. Code",
the "California Mechanical Code", 2010 Edition, the "California Plumbing Code", 2010 Edition,
the "California Electrical Code", 2010 Edition, and the "California Fire Code", 2010 Edition
with Los Angeles County Amendments to the Fire Code. The California Residential and
Green. Building Codes were not previously adopted by the State in the prior code process.
The California Residential Code was supposed to be adopted by the State during the last
code cycle but was excluded due to lack of time and incorporated into the California Building
Code. The State has now separated the .California Residential. Code from the California
Building Code consistent with the model ICC Codes. The California Green Building Code
was previously adopted by the State but was only voluntary to prepare for this code cycle for.
full adoption. The California Green Building Code requires the Building Division to implement
waste reduction mandates for the first time. The primary points of interest for these codes
are requirements for fire sprinklers in all new dwellings, and waste reduction/green building
design in new structures.
Green Building Standards:
As previously indicated, new to this year's cycle of adoption of building related codesis the
California Green Building Standards. While these standards do not relate to the safety of
buildings, the development of the code was intended to (1) cause a reduction in greenhouse
gas emissions from buildings; (2) promote environmentally responsible, cost-effective,
healthier places to live and work; (3) reduce energy and water consumption; and (4) respond
to the directives by the Governor.
The 2010 California Green Buildings Standards Code is a code with mandatory requirements
for new residential and non-residential buildings (including buildings for retail, offices, schools
and hospitals) throughout California beginning on January 1, 2011. ,The code is Part 11 -of
the California Building Standards Code in Title 24 of the California. Code of Regulations and
is :also known as the CALGreen Code. _in short, the code was established to ,reduce
construction waste, make buildings more efficient in the use of ,materials and energy, and
reduce environmental impact during and after construction,
Local Amendments:
The proposed ordinance amends : Titles 15 & 16 of the Diamond Bar: Municipal Code
incorporating the new California Building. Codes. and California :Fire Code with Los Angeles
Attached is the marked up version of the proposed
County.Amendrnents to the Fire Code.
2
ordinance showing the changes withl strikeout and underline notations. A, clean version of the
proposed. ordinance is attached for Council action. Also, staff has provided a resolution
making express findings and determinations that modifications to the California, Building
Code, California Residential Code, California Green Building Code, California Plumbing
Code, California Electrical Code, and California Fire Code are reasonably. necessary because
of local climatic, geological. or topographical conditions as indicated in the separate
Resolution 2010 -XX. The most significant technical changes are summarized below:
• Administration: Section 15.00 of the Diamond Bar Municipal Code,. Chapter 1
Division. II of the Administration Code - Reorganizes the Administration Code
referencing to the new location in the various codes with the California Building Code
being the basis point. The California Building Code Appendix Chapter 1 was moved to
Chapter 1 Division ll.
Administration Storage Shed Permits: CBC Section 105.1.1. - This section
was revised to provide better clarity to application and consideration for pitched/sloped
roofs. ; This was previously amended in last cycle to further define storage sheds, tool
sheds, -and similar accessory buildings to prevent the use of these spaces as habitable
space.
Pool Barriers/Fencing: CBC 105.1.2 & 3109.4.4 and CRC R330 _ References pool
fencing/barrier requirements that were omitted in the State adoption in error. Without
the, referencing, pool fencing is technically not mandated.
®' Soils Reports: CBC 117 - Adding the Building Official to have the discretion to
require soils investigation reports. Previously, this section only authorized. the City
Engineer to make this determination. Due to unpredictable soil conditions in the City,
this would provide additional oversight to allow the Building Division to also require
reports.
Expansive Soils: CBC 1805.10 - Updated to be more consistent with Los Angeles
County's `Building Code Manual" policy on expansive soils: 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
from the typical room addition plans.
Structural Earthquake Connections: CRC R602.10.6.2(1) - Provided to ensure
direct connection of building components for seismic/earthquake: forces. The base
node considers the entire country and was left in the State code in error:
Multi -Story Engineering: CRC Table R602.10.1.2(2) - Created to be consistent with
the Los Angeles County and the local regional code organizations. This section
requires multi -story structures to be engineered. The poor performance of these more
complex structures has been proven by various studies the need for the knowledge of
an engineer. The purview of an engineer will protect occupants from structural failure
in this seismically active region:
Multi -Story Engineering: CRC R301.1.3.2 — Amended to require an engineer- in
multiple story structures consistent with Los Angeles County and local regional code
organizations due to complexity of these types of structures and poor performance of
these structures without the proper design.
Third -Party Quality Assurance Inspections: CRC R329 Incorporate special
inspection (third party quality assurance inspection for materials) into the California
Residential Code that was erroneously omitted. Various products require special
inspection from a certified individual capable of ensuring quality of construction as
previously required in prior codes.
Sound Attenuation Control: CRC R331 - Sound transmission control was
erroneously omitted from the California Residential Code and has always been a part
of the Building Codes for transmission of sound in structures containing more than one
dwelling:
Administrative:. Create Division 13 of Chapter 15.00 for thenew.California Green
Building Code adoption without adopting the appendicies which incorporate tiered
requirements.
Multi -Story Application of CAL Green: CAL Green 101.3.1 Adds
erroneously missed mid -rise 'structures such as 3-4 story apartment structures from
being required to comply with the California Green Building Code requirements. All
other new structures are required to meet this code's criteria.
Rehabilitation Code Update: Update the Rehabilitation Code referencing to more
current code sections. This section is part of the code. enforcement. criteria for
minimum housing standards, thus enhancing the quality of life.in the City. It gives the
City authority to address the maintenance of residential housing as it ` relates to
required exiting, minimum light and ventilation, sanitation facilities,electrical wiring,
and weather protection,' and abatement of substandard housing.; Chapter 98 was also
included for abandoned buildings which allows for enforcement of abandoned.
structures.
4
Grading: Appendix J - Transfers the power and duties usually exercised by the
Building Official'on all items dealing with excavation and grading to the City Engineer.
This amendment is proposed due to the complexity of the submitted grading plans,
and the diverse topography in the City of Diamond Bar. Dealing with this type of "
challenge requires the expertise of a civil engineer that is accustomed in addressing
these projects, and this amendment would address this need.
Agenda # 6.6
Meeting Date: December 21, 2010
CITY COUNCIL �q'' AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
FROM: James DeStefano, City Ma
n (ih, r.,,,n,
TITLE: Adjourn December 21, 2010 City Council Meeting to January 18, 2011.
RECOMMENDATION: Approve.
BACKGROUND: It has been suggested that the Council consider the cancellation of the City
Council Meeting scheduled for January 4, 2011. There are no pressing matters or public hearings
scheduled and therefore adjourning the meeting will not cause the City any hardship.
Should the City Council concur, it is recommended that the Mayor adjourn the December 21, 2010
Council Meeting to January 18, 2011.
Pr 'pared by: Review d By:
TommydCribbins, City Clerk David DoyTe�, As City Manager
Agenda# 7. 1
Meeting Date: December 21, 2010
tt N...
CITY COUNCIL AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
VIA: James DeStefano, City Man g
TITLE: General Plan Amendment No. 2 07-03, Zone Change No. 2007-04,
Specific Plan No. 2007-01 ("Site D Specific Plan"), Tentative Tract Map
No. 70687, and Environmental Impact Report 2007-02 (SCH No.
2008021014).
PROJECT
APPLICANT: Walnut Valley Unified School District and City of Diamond
Bar
LEAD AGENCY: City of Diamond Bar, Community Development Department
PROJECT LOCATION: Site D is comprised of approximately 30.36 acres located at
the southeast corner of Brea Canyon Road and Diamond
Bar Boulevard (Los Angeles County Assessor's Parcel
Numbers 8714-002-900, 8714-002-901, 8714-002-902,
8714-002-903 and 8714-015-001).
SUMMARY:
On December 7, 2010, the City Council directed staff to revise the Site D Specific Plan
to, among other things, eliminate the commercial component and incorporate a public
park consisting of at least two usable acres, and continued the matter to December 21,
2010.
In accordance with the Council's direction, staff is working with the EIR consultant to
update the environmental analysis to reflect the revised land use framework, and has
begun outlining the necessary revisions to the Specific Plan document. Staff anticipates
that the updated planning and environmental documents will be ready for Council
consideration between March and April of 2011.
The hearing was continued to this date at the December 7, 2010 meeting. Because the
matter was continued to a specific date, no mail ,or newspaper noticing was required.
Ten days prior to the date that this matter is scheduled for final Council action, staff will
mail public hearing notices to all property owners within 1,000 feet of the Site D property.
boundaries and others who have previously testified orally or in writing including,
publish hearing notices in the two local` newspapers, and post a public hearing notice
board on the Site D property. all speakers who testified at previous meetings.
RECOMMENDATION FOR THE DECEMBER 21, 2010 MEETING:
Take public testimony, and continue the matter to a date uncertain.
Prepared by:
Greg Gubman, AICP
Community Development Director
Reviewed by:
David Doyle
Assistant City Manager
WWWK49618100NIN
Agenda # 8. 1
Meeting Date December2l, 2010
AGENDA REPORT
TO: Honorable Mayor and Memb,4e off e City Council
t M
VIA: James DeStefano, City Man g
TITLE: APPROVAL OF THE THIRD AMEN ENT TO THE MEMORANDUM OF
UNDERSTANDING WITH THE WALNUT VALLEY UNIFIED SCHOOL
DISTRICT RELATED TO THE SITE D SPECIFIC PLAN
RECOMMENDATION:
Approve.
FISCAL IMPACT:
None.
BACKGROUND / DISCUSSION:
In June 2007, the City and Walnut Valley Unified School District entered into a
Memorandum of Understanding (MOU) to set forth the parameters for the Site D
Specific Plan and the eventual disposition of the Site D . property. The MOU was
amended twice to accommodate increased costs associated with the preparation of the
Specific Plan and EIR, and to modify other deal points as needed over time.
This proposed Third Amendment (Attachment 1) makes the following changes to the
original MOU and prior amendments:
1. Paragraph 1.3 is revised to eliminate commercial and to incorporate a public park
and other open space elements into the Site D planning framework.
2. Paragraph 3.3 is amended to require that the separate School District and City
owned parcels be sold as one in order for the project to move forward. As it was
previously, written, there was a possibility that the future developer could purchase
only the School District -owned parcel and then insist that the development project be
processed without the City -owned parcel.
Staff believes these changes are in the best interest of the City and recommends the
Council approve the amendment as presented.
THIRD AMENDMENT TO MEMORANDUM OF UNDERSTANDING
THIS THIRD AMENDMENT TO MEMORANDUM OF UNDERSTANDING
("Amendment") is executed as of December _, 2010 by and between the City of
Diamond Bar, California, a municipal corporation ("City") and the Walnut Valley
Unified. School` District, a unified school district organized under the California
Education Code ("District"), hereinafter together occasionally referred to as "the parties."
RECITALS
A. In July 2007 City and District entered into a Memorandum of Understanding
("MOU") pertaining to 'District's undeveloped parcel of real property within the
territorial limits of City ("School Property"), and legally described in Exhibit A-1 and
depicted in Exhibit A-2 to the MOU and City's undeveloped parcel of real property
immediately adjacent to the School Property ("City Property" ), legally described in
Exhibit A-3 and depicted in Exhibit A-4 to the MOU, both parcels 16 ether referred to as
"Site D." The legal description of Site is:described in Exhibit `A 5
D'` and depicted in
Exhibit A-6 to the MOU.
B. The MOU set forth a collaborative process for the preparation of a specific plan
and associated environmental documents in compliance with the California.
Environmental Quality Act ("CEQA") for `consideration by City's Planning Commission
and City Council, in anticipation of District marketing Site D %r sale.
C. The MOU uvas amended; on November 4 :2008 ("First Amendment") to reflect an
increase in price'`for:.the consultant's services and to set forth the division of proceeds
from the ultimate sale of Site D and was further amended on ("Second
Amendment") to reflect a Ji her increase m ;price for the consultant's services, to
establish a reimbursement schedule and to extend;the term of the MOU.
D. The parties have revised the project description as originally described in the
MOU and;now desire to amend the 1VZOU to reflect this changed circumstance.
NOW THEREFORE, in consideration of the foregoing, City and District hereby agree
to amend the MO.U:;as follows;';:
1. Paragraph 1 3 is.'' amended to read as follows:
.The specific plan will entitle a project to consist of not more than 200 residential
dwelling units and dedicated parkland. The parkland shall consist of at least 2.0 acres of
usable area, dedicated to the City and constructed to City standards. The tentative and
final tract maps shall show the parkland as a separate parcel (delineating the park
boundaries) and offer the parcel for dedication to the City. The purchaser of Site D shall
be responsible for designing the parkland improvements;. producing all related
construction documents (subject to Community Development Director and Community
Services Director approval) and constructing the parkland improvements. No offer of
cz
C:\Users\gregg\AppData\Local\Microsoft\Windows\TemporaryIntemet Files\Content.Outlook\WVGRQ3QQ\MOU.amendment(3) (7).do. i
dedication shall be accepted until construction of the parkland improvements is
Agenda Item 8.2
Meeting Date: December 21, 201
A
KOkIMMIAME
AILM'a §RUWjEWj
TO: Honorable Mayor and Membe.rs,of the City Council
VIA: James DeStefano, City ManaL!,,,
TITLE: APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH
ENVIRONMENTAL IMPACT SCIENCES (EIS) IN THE AMOUNT OF
$76,835 TO UPDATE THE ENVIRONMENTAL IMPACT REPORT FOR
THE SITE D SPECIFIC PLAN.
RECOMMENDATION:
Approve.
BACKGROUND/FINANCIAL IMPACT:
In June 2007, the City Council approved a Memorandum of Understanding and
reimbursement agreement with WVUSD which specified that the City will be reimbursed
the cost to administer the preparation of the Site D Specific Plan and EIR plus 5% to
cover City staff time and public hearing expenses. The Council concurrently approved a
consulting services contract with TRG Land, Inc. to prepare the Specific Plan and to
subcontract with Environmental Impact Sciences (EIS) and other firms to prepare the
EIR and other technical reports required for the preparation of the EIR and Specific
Plan.
The MOU and contract Were subsequently amended in November 2008 and September
2010 to reflect an increase in price for consultant services. based on a revised scope of
work, and to set forth the division of proceeds from the ultimate sale of Site D.
Expenses incurred to date related to the preparation of the EIR (subcontracted under
TRG Land's contract) totaled $185,573.66.
On December 7, 2010, the City Council directed staff to revise the Site D Specific Plan
to eliminate the commercial component and to incorporate a public park with a minimum
of two usable acres, and to update the EIR to address these modifications to the land
use plan. Staff will be completing the Specific Plan in-house, so it is in the City's best
interest to. contract directly with EIS to close out the. El R process.
Because the proposed scope of work is the continuation of a work product begun by
EIS as a subcontractor to TRG Land, and the City previously authorized all
subcontractors when it originally awarded the Site D contract to TRG Land, it is not
necessary to request competing proposals for this update to the Site D Specific Plan
EIR. Moreover; it would clearly be more expeditious and cost-effective to the City for
EIS to be awarded this contract.
Attachment 1 provides the scope of work prepared by EIS for the necessary EIR
updates, with an estimated cost, negotiated between staff and EIS, of $69,850. This
cost estimate includes the preparation of a greenhouse gas emissions analysis, a
recently added requirement of the State CEQA Guidelines, as mandated by SB 97, to
assess the project's contribution to global warming. Staff recommends that a 10%. be
added to the Professional Services Agreement to account for unforeseen costs that may
incur, for a total of $76,835. - -
As set forth in the MOU, the required funds would be appropriated from General Fund
reserves, and reimbursed to the City upon the sale of the Site D property. Under the
Second Amendment to the MOU, should the sale not be consummated by December
31, 2013, District shall reimburse City at the rate of $10,000 per month commencing
January 1, 2014 and on the first of each month thereafter until the consummation of the
sale (at which time the remaining amount due shall be accelerated) or until the City is
fully reimbursed, whichever event occurs first.
.. . , • "0.7
Greg Gubman, AICP
Community Development Director
Attachment:
1. Consulting Services Agreement with Environmental Impact Sciences
2
Because the proposed scope of: work is the continuation of a work product begun by
EIS as a subcontractor to TRG Land, and the City previously authorized all
subcontractors when it originally awarded the Site D contract to TRG Land, it is not
necessary to request competing proposals for this update to the Site D Specific Plan
EIR. Moreover, it would clearly be more expeditious and cost-effective to the City for
EIS to be awarded this contract.
Attachment 1 provides the scope of work prepared by EIS for the necessary EIR
-updates, with an estimated cost, negotiated between staff and. EIS,. of $69,850. This
cost estimate includes the preparation of a greenhouse gas emissions _analysis, a
recently added requirement of the State CEQA Guidelines, as mandated by SB 97, to
assess the project's contribution to global warming. Staff recommends that a ;10% be.
added to the Professional Services Agreement to account for unforeseen costs that may
incur, for a total of $76,835.
As set forth in the MOU, the required funds would be; appropriated from General Fund
reserves, and reimbursed to the City upon the sale of the Site D property. Under the
Second Amendment to the MOU, should the sale not be consummated by December
31, 2013,.District shall reimburse City at the rate of $10,000 per month commencing
January 1, 2014 -and on the first of each month thereafter until.the consummation of the
sale (at which time the remaining amount due shall be accelerated) or until the City is
fullyreimbursed, whichever event occurs first.
Greg Gubman; AICP
Community Development Director
Attachment:
1. Consulting Services Agreement with Environmental Impact Sciences
CONSULTING SERVICES AGREEMENT
THIS AGREEMENT is made as of 201X by and between the
City of Diamond Bar,' a municipal "corporation ("City") and Environmental Impact
Sciences, ("Consultant").
RECITALS
A. City desires to utilize the services of Consultant as an independent contractor
to provide consulting services to City as set forth in Exhibit "A".
B. Consultant represents that it is fully. qualified to perform such consulting
services by virtue of its experience and the training, education and expertise of its
principals and employees.
NOW, THEREFORE, in consideration of performance by the parties of the covenants
and conditionsherein contained, the parties hereto agree as follows:
1. Consultant's Services.
A. Scope of Services. The nature and scope of the specific services
to be performed by Consultant are as described in Exhibit "B" the. Consultant's
Proposal, dated December 17, 2010.
B. Level of Services. The level the specific services to be performed
by Consultant are as set forth in Exhibit "B."
2. Term of Agreement. This Contract shall take effect . ,. „ 2010,
and shall continue until completion of the project unless earlier terminated pursuant to
the provisions herein.
3. Compensation. City agrees to compensate Consultant for each service
which Consultant performs to the satisfaction of City in compliance with the schedule
set forth in Exhibit "B." Payment will be made only after submission of proper invoices in
the form specified by City. A contingency amount of up to ten percent (10%) of the
base fee set forth in Exhibit "B" may be authorized in the event of unforeseen,
warranted expenses incurred during the course of executing this Agreement. Total
payment to Consultant pursuant to this Agreement shall not exceed Seventy Six
Thousand Eight Hundred Thirty Five Dollars ($76,835).
4. General Terms and Conditions. In the event of any inconsistency
between the provisions of this Agreement and Consultant's proposal, the provisions of
this Agreement shall control.
City of Diamond Bar
21825 Copley Drive
Diamond Bar, CA 91765-4178
6. Status as Independent Contractor.
A. Consultant is, and shall at all times remain, as to City, a wholly
independent contractor. Consultant shall have no power to incur any debt, obligation, or
liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor
any of its agents -shall have control over the conduct of Consultant or any of
Consultant's employees, except as set forth in this Agreement. Consultant shall not, at
any time, or in any manner, represent that it or any of its agents or employees are, in
any manner agents or employees of City.
B. Consultant agrees to pay all required taxes on amounts paid to
Consultant under. this Agreement, and to indemnify and - hold City harmless from any
and all taxes, assessments, penalties, and interest asserted against City by reason of
the independent contractor. relationship created by this Agreement.; In the event that
City is audited by any Federal or State agency regarding the independent contractor
status of Consultant and the audit in any way fails to sustain the validity of a wholly
independent contractor 'relationship between City and Consultant, then Consultant
agrees to reimburse City for all costs, including accounting and attorney's fees, arising
out of such audit and any appeals relating thereto.
C. Consultant shall .fully comply with the workers' compensation, law
regarding Consultant and Consultant's employees. Consultant further agrees to
indemnify and hold City harmless from any failure of Consultant to comply with
applicable worker's compensation laws. City shall have the right to offset against the
amount of any fees due to Consultant under this Agreement any amount due to City
from Consultant as a result .of Consultant's ,failure to promptly pay to City, any
reimbursement or indemnification arising under this Section 6.
D. Consultant shall, at Consultant's sole cost and expense fully secure
and comply with all federal, state and local governmental.: permit or, licensing
requirements, including but not limited to the City, of Diamond Bar, South Coast Air
Quality Management District, and . California Air Resources Board. Consultant further
agrees to, indemnify and hold City harmless from any failure of; Consultant to. comply
with the requirements in :Section 6. Additionally, the City shall have. the right to offset-
: against the amount of anyfees due to Consultant under this Agreement for any amount ,
or penalty levied against the City for Consultant's failure.to comply with Section 6.
7. Standard of Performance. Consultant `,shall perform all work at the
standard of. care and skill ordinarily exercised by members. of the profession,: under
similar conditions .
2
8. Indemnification. Consultant shall indemnify, defend with counsel
approved by City, and hold harmless City, its officers, - officials, employees and
volunteers from and against all liability, loss, damage, expense, cost (including without
limitation reasonable attorneys fees, expert fees and all other costs and fees of
litigation) of every nature arising out of or in connection with Consultant 's performance
of work hereunder or its failure to comply with any of its obligations contained in this
Agreement, regardless of City's passive negligence, but excepting such loss or damage
which is caused by the sole active negligence or willful misconduct of the City. Should
City in its sole discretion find Consultant's legal counsel unacceptable, then Consultant
shall reimburse the City its costs .of defense, including iwithout limitation reasonable
attorneys fees, expert fees and all other costs and fees of litigation. The Consultant
shall promptly pay any final judgment rendered against the City (and its officers,
officials, employees and volunteers) covered by this indemnity obligation. It is expressly
understood and agreed that the foregoing provisions are intended to be as broad and
inclusive as is permitted by the law of the State of California and will survive termination
of this Agreement.
9. Insurance. Consultant shall at all times during the term of this Agreement
carry, maintain, and keep in full force and effect, with an insurance company, authorized
to do business in the State of California and approved by the City (1) a policy or policies
of broad -form comprehensive general liability insurance with minimum limits of
$1,000,000.00 combined single limit coverage against any injury, death, loss or damage
as a result of wrongful or negligent acts by Consultant, its officers, employees, agents,
and independent contractors in performance of services under this Agreement; (2)
property damage insurance with a minimum limit of $500,000.00; (3) automotive liability
insurance, with minimum combined single limits coverage of $500,000.00; (4)
professional liability insurance (errors and -omissions) to cover or partially, cover
damages that may be the result of errors, omissions, or negligent acts of Consultant, .in
an amount of not less. than .$1,000,000 per occurrence and at least $1,000.;000.
aggregate; and (5) worker's compensation insurance with a minimum limit , of
$500,000.00 or the amount required by law, whichever is greater.. City, its officers,
employees, attorneys, and volunteers shall be named as additional insureds on the
policy(ies) as to comprehensive general liability, property damage, and automotive
liability. The policy (ies) as to comprehensive general liability, property damage, and
automobile liability shall provide that they. are primary, and that any insurance
maintained by the City shall be excess insurance only.
A. All insurancepolicies shall provide that the insurance coverage shall not
be non- renewed, canceled, reduced, or otherwise modified .(except through the addition
of additional insureds to the policy). by the insurance carrier without the insurance:carrier
giving City thirty (30) day's prior written notice thereof. Consultant agrees that it will not
cancer,, reduce or otherwise modify the insurance coverage.
B. All policies of insurance shall cover the obligations of Consultant pursuant
to the terms of this Agreement; shall` be issued by; an insurance company which is
authorized to do business in the State of California or which is approved in writing by
the City; and shall be placed with a current A.M. Best's rating of no less that A Vll.
C Consultant shall submit to . City (1) insurance certificates indicating
compliance with the minimum worker's compensation insurance requirements above,
and (2) insurance policy endorsements indicating compliance with all other minimum
insurance requirements above, not less that one (1) day prior to beginning of
performance under this Agreement. Endorsements shall be executed on City's
appropriate standard forms entitled "Additional Insured Endorsement', or a substantially
similar form which the City has agreed in writing to accept.
10. Confidentiality. Consultant in the course of its duties may have access
to confidential data of City, private individuals, or employees of the City. Consultant
covenants that all data, documents, discussion, or. other information developed or
received by Consultant or provided for performance of this Agreement are deemed
confidential and shall not be, disclosed by Consultant without written authorization by
City. City shall grant such authorization if disclosure is required by law. All City data
shall be returned to City upon the termination of this Agreement. Consultant's covenant
under this section shall survive the termination of this Agreement. Notwithstanding the
foregoing, to the extent Consultant prepares reports of a proprietary nature specifically
for and in connection with certain projects, the.City shall not, except with Consultant's
prior written consent, use the same for other unrelated projects.
11. Ownership of Materials. ; All materials provided by, Consultant in the
performance of .this Agreement shall be and remain the, property of City without
restriction or limitation upon its use or dissemination by City. ,Consultant may, however,
make and retain such copies of said documents and materials as Consultant may
desire:
12. Conflict of Interest.
A. Consultant covenants that it presently has no interest and shall not
acquire any interest, direct or indirect,: which may, be affected by the services .to be
performed by. Consultant under this Agreement, or which would conflict in any manner
with the performance of its services hereunder. Consultant further covenants that, in
performance of this Agreement, no person having any such interest shall be employed
by it. Furthermore, Consultant shall avoid the appearance of having any interest which
would conflict in any manner with the performance of its services pursuant to this
Agreement.
B. Consultant covenants not to give or receive any compensation,
monetary or otherwise, to or from the ultimate vendor(s) of hardware or software;to_City
as .a result of the performance of this Agreement. Consultant's covenant under this
section' shall survive the termination of this Agreement.
13. Termination. Either party .may terminate this Agreement with or without
cause upon fifteen (1.5) days' written notice to the other party. However, Consultant.
4
shall not terminate this Agreement during, the provision of services on a particular
project. The effective date of termination' shall be upon the date specified in the notice
of termination, or, . in the event no date is specified, upon the fifteenth (15th) day
following delivery of the notice. In the event of such termination, City agrees to pay
Consultant for services satisfactorily rendered prior to the effective date of termination.
Immediately upon receiving written notice of termination, Consultant shall discontinue
performing services.
14. Personnel. Consultant represents that it has, or will secure at its own
expense, all personnel required to perform the services under this Agreement. All of the
services required under this Agreement will be performed by Consultant or under it
supervision, and all personnel engaged in the work shall be qualified to perform such
services. Consultant reserves the right to determine. the assignment of its own
employees to the performance of Consultant's services under this Agreement, but City
reserves the right, for good cause, to require Consultant to exclude any employee from
performing services on City's premises.
15. Non -Discrimination and Equal Employment Opportunity.
A. Consultant shall not discriminate as to race, color, creed, religion;
sex, marital status, national origin, ancestry, age, physical or mental handicap, medical
condition, or sexual orientation, in the performance of its services and duties pursuant to
this Agreement, and will comply with all rules and regulations of City relating thereto.
Such nondiscrimination shall 'include but not be limited to the following: employment,
upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and selection for training,
including apprenticeship.
B. Consultant will, in all solicitations or advertisements for employees
placed by or on behalf of Consultant state either that it is an equal opportunity employer
or that all qualified applicants will receive consideration for employment without regard
to race, color, creed, religion, sex, marital status, national origin, ancestry, age,, physical
or mental handicap, medical condition, or sexual orientation.
C. Consultant will cause the foregoing provisions to be inserted in. all
subcontracts for any work covered by this Agreement except contracts or subcontracts
for standard commercial supplies or raw materials.
16. Assignment. Consultant shall not assign or transfer any interest in this,
Agreement nor the performance of any of Consultant's obligations hereunder, without
the prior written consentof City, and :any. attempt by ' Consultant to so assign this>
Agreement or any rights, duties, or obligations arising hereunder shall be void and of no
effect.
17. Compliance with Laws. Consultant shall comply with all applicable laws, ,
ordinances,' codes and regulations of the federal, state, and local, governments.
5
18. Non -Waiver of Terms, Rights and Remedies. Waiver by either party of
any one or more of the conditions: of performanceunder this Agreement shall not be a
waiver of any other condition of performance under this Agreement. In no event shall
the making by City of any payment to Consultant constitute or be construed as a waiver
by City of any breach of covenant, or any default which may then exist on the part .of
Consultant, and the making of any such payment by City shall in no way impair or
prejudice any right or remedy available to City with regard to such breach or default.
19. Attorney's Fees. In the event that either party to this, Agreement shall
commence any legal or equitable action or proceeding to enforce or interpret the
provisions of this Agreement, the prevailing party in such action or proceeding shall be
entitled to recover its. costs of suit, including reasonable attorney's fees and costs,
including costs of expert witnesses and consultants.
20. Mediation. Any dispute or controversy arising under this Agreement, or in
connection with any of the terms and conditions hereof, shall be referred by the parties
hereto for mediation. A third party, neutral mediation service, shall be selected, as
agreed upon by the parties and the costs and expenses thereof shall be borne equally
by the parties hereto. In the event the parties are unable to mutually.agree upon the
mediator to be selected hereunder; the City Council shall select such a neutral, third
party mediation service and the City Council's decision shall be final. The parties agree
to utilize their good faith efforts to resolve any such dispute or controversy so submitted
to mediation. It is specifically understood and agreed by the parties_ hereto. that referral
of any such dispute or controversy, and mutual good faith efforts to resolve the same
thereby, shall be conditions precedent to the institution of any action or proceeding,
whether at law or in equity with respect to any such dispute or controversy.
21. Notices. Any notices, bills, invoices, or reports required by this
Agreement shall be deemed received on (a) the day of delivery if delivered by hand
during regular business hours or by facsimile before or during regular business hours;
or (b) on the third business day following deposit in the United States mail, postage
prepaid, to the addresses heretofore set forth in the Agreement, or to such other
addresses as the parties may, from time to time, designate in writing pursuant to the
provisions of this section.
22. Governing Law. This Contract shall be interpreted, construed and
enforced in accordance with the laws of the State of California.
23. Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall be deemed to be the original, and all of which together
shall constitute one and the same instrument.
24. Entire Agreement. This Agreement, and any other documents
incorporated herein by specific reference, represent the entire and integrated'
agreement between Consultant and City. This Agreement supersedes all rio
p r oral or
Written. negotiations, representations, or agreements. This Agreement. may; not be
amended, nor any provision or breach hereof waived, except in a writing signed by the
26051 Via Concha
Mlo9ioh Viejo, California 92691.5614'
949.837.1195 949.837.3935 Fax
December 17, 2010
Greg Gubm an, Director
City of Diamond Bar
Community Development Department
21825 Copley Drive
Diamond Bar, California 91765-4178
Subject: ,Revised "'Site D' Specific Plan"
Dear Greg: .
,s requested, presented herein is a scope of services to.assist the City of Diamond Bar (City or
Lead Agency) further advance the "'Site D' Specific Plan" (SDSP), including compliance with the
provisions of the California Environmental Quality Act (CEQA).
Although the current SDSP (April 2010 SDSP) was fully., addressed in the uncertified 'Draft
Environmental Impact Report 'Site U. Specific. Plan, SCH. No. 2008021014" (DEIR) and
"Response to Comments on the Draft Environmental Impact Report = 'Site D' Specific Plan,
SCH No. 2008021014" (RTC1), based on the direction provided by the City Council. (Council) at
their December 7, 2010 meeting, it is anticipated that the April 2010 SDSP will be revised to: (1)
eliminate the previously proposed 153,985 square feet of commercial land 'uses; (2) reduce
maximum residential development from 202 to,200 dwelling ,units; (3) incorporate an entry
feature,.: near the., Brea :Canyon Road/Diamond Bar Boulevard,, intersection;: (4) 'include . an
approximately 2 -acre public park on the 29.69 square foot project site; (5) revise the previously
proposed open space and landscape plan; and (6) such other changes as may be required to
implement the revised land -use plan Those changes, in,combination with revisions to the State
CEQA Guidelines (Guidelines) which became effective after the release of the DEIR and RT.C1,
will necessitate additional compliance efforts under the .provisions of the 'California
Environmental Quality Act (CEQA) and its implementing guidelines.
Based on the Council's direction, subject to its contractual relationship with the City, TRG Land
Inc, (TRG) and/or City,staff will prepare a revised SDSP (Revised SDSP).. Concurrent with the
drafting of that planning document, Environmental Impact Sciences (EIS), if so authorized, will
commence the preparation of such additional CEQA documentation as may be required. in the
.judgment of the Lead Agency. In order to facilitatethat effort, presented herein is a proposed
scope of services outlining a potential work plan .allowing the Cityto demonstrate, from a
programmatic perspective, compliance with its: CEQA, obligations. For the `purpose of this
change order request, EIS has ;made: certain assumptions concerning the nature of the Revised
SDSP and the work effort required to present the City with a certifiable. CEQA `document. This
proposal is based ,on and subject to those assumptions presented herein, in combination with
'those assumptions and limitations presented herein..
Exhibit:'W'
This proposal is predicated on the general assumption that: (1) when comparing the April 2010
SDSP and Revised SDSP, the elimination of the previously proposed commercial uses and
reduction in the maximum number of residential units would result in a lessening of the majority
of the potential environmental impacts attributable to the April 2010 SDSP (as identified in the
DEIR and RTC1); (2) no new significant or potentially significant environmental impacts would
manifest from those changes identified herein; and (3) a 200 -unit residential development .
scenario, inclusive of a 2 -acre public park, can be deemed to be similar to other all -residential
alternatives (e.g., low-density residential) already examined in the DEIR and RTC1.
Fewer dwelling units and the elimination of on-site commercial development will likely result in a
reduction in average daily vehicle trips (ADT) and total vehicle miles traveled (VMT). Even with
the introduction of a public park component, those changes would be expected to reduce
operational criteria air pollutants and mobile source noise impacts. While public parks can
produce operational impacts unique from those effects exhibited by other residential and
commercial development, it has been EIS' experience that those impacts can be effectively
addressed through the imposition of use restrictions and operational limitations (which could be
incorporated into the Revised SDSP).
EIS suggests that there exists a benefit to retain the DEIR and RTC1 and to move forward
rather than step backward from that point with regards to CEQA compliance. The land -use plan
presented in the April 2010 SDSP clearly represents one potential development scenario for the
project site. The DEIR and RTC1 were prepared in compliance with CEQA, the information
concerning existing. site conditions remains reasonably accurate, and the analysis presented
therein has undergone extensive public and peer review. In lieu of the previously proposed
mixed-use project, consistent with CEQA's mandate to minimize the environmental impacts
associated with public and private projects, a "reduced scale residential development" scenario
has now been formulated, as a means of reducing potentially significant impacts. attributable to
that mixed-use development.
In addition to the previously "proposed project," two other residential alternatives were already
examined in the EIR, including both a "low-density residential" alternative (3 dwelling units/acre
60 units and a "high -'density residential" alternative;(20 dwelling units/acre[404 units]). With
regards to both of hose alternatives, the DEIR states: d 9
: "Insteaof creating "an approximately
10.1 acre building pad for commercial use and a second approximately 10.1 acre building pad
for residential use, both pads would accommodate residential use. Clearly, that description
would appear to equally. apply to the revised project now under consideration. EIS believes that
the Revised SDSP' (e.g., "reduced scaleresidential development") constitutes either a variation
of the "low-density residential" alternative already substantively a part of the CEQA record or a
middle ground, between the "IoW -density residential" and "high-density residential" options
presented therein. Based on "City of Diamond BarGeneral Plan (General Plan) or iother
sources; ,EIS would look to City `staff to determine the appropriate residential categorization of a
land -use designation authoriz ing 6.74 dwelling units/gross acre [200 units/29.65 gross acres].
Presented herein is a proposal for a programmatic level of analysis. For the purpose of this
proposal, it is assumed that no tentative tract map,and no revised grading plan will be submitted
by the applicant'a, no corresponding, design -specific level of analysis will be conducted by EIR
for the purpose of CEQA compliance for the.Revised,SDSP:
Greg Gubman, Director
Revised "'Site D' Specific Plan"
December 17, 2010
Page 3
Regulatory Requirements
Pursuant to Section 15088.5 of the State CEQA Guidelines, a lead agency is required to
recirculate the EIR when "significant new information is added to the EIR is added after release
of the "Notice of Completion" (NOC) but before certification. New information added to an EIR
is not "significant" unless the EIR is changed in a way that deprives the public of a meaningful
opportunity to comment upon a substantive adverse environmental effect of the project or a
feasible way to mitigate or avoid such an effect (including a feasible project alternative) that the
project proponents have declined to implement.
"Significant new information requiring recirculation includes but is not limited to a disclosure that:
(1) a new significant environmental impact would result from the project or from a new mitigation
measure proposed to be implemented; (2) a substantial increase in the severity. of an
environmental impact 'Would result unless mitigation measures are adopted that reduce the
impact to a level of insignificance; (3) a feasible project alternative or mitigation measure
considerably different from others. previously analyzed would clearly lessen the environmental
impacts of the project but the project's proponents decline to adopt it; and (4) the draft EIR was
so fundamentally and basically inadequate and conclusory in nature that meaningful public
review and comment were precluded. If the revision is limited to a.few chapters or portions of
the EIR, the lead agency need only recirculate the chapters or portions that have been modified.
The decision not to recirculate an EIR must be supported by substantial evidence.
Assuming the introduction of a new 200 -unit residential alternative, predicated on the findings of
the GHG emissions analysis, EIS believes that none of the conditions for recirculation exist.
Similarly, EIS would assert that the introduction of a,2 -acre park on the "Site D" property does
not constitute "significant new information under CEQA. As indicated in the DEIR:."in
accordance` therewith, the proposed 202 dwelling units (assuming the classification of those
units as multi -family dwellings) would generate a need for 2.12. acres (approximately 92,390
square feet) of additional parkland within the City. ..Although the proposed development plan
does not include a public recreational component, the City. is authorized to require that the
Applicant alter development plan so as to include. real property dedication rather than fulfill
Quimby Act requirements merely through the payment of park fees, as now proposed. As such,
a 2-acre.park represents a previously contemplated on-site land use.
Alternatives and Mitigation Measures
Because the certainty of a lead agency's adoption of recommended mitigation measures cannot
be determined prior to consideration by the lead agency's decision-making body, as optional
means of avoiding or substantially reducing potentially significant impacts, the lead agency is
authorized to consider mitigation measures or alternatives in response to identified
environmental' effects. Relying on the word "or" in Sections 21002 and r21002.1 of CEQA
("agencies should not approve projects as approved if there are feasible alternatives or feasible
mitigation measures") and understanding the: requirement to be disjunctive so that agencies
`need only adopt mitigation measures or alternatives but not both, the courts have stated that an
EIR must "contain a .meaningful discussion of both alternatives and mitigation measures..
Therefore; we conclude if there is evidence of one or more potentially significant impacts, the
report` must contain a' meaningful analysis of alternatives or ,mitigation measures which would
avoid or lessen such impacts" (Kings County Farm Bureau v. City of Hanford [5th District, 1990]). - '
Greg Gubman, Director
Revised "'Site D' Specific Plan
December 17, 2010
Page 4
Based on expressed public concerns regarding the potential environmental effects of
commercial development (e.g., land-use compatibility, traffic, and noise), under CEQA, it is
assumed that a 200-unit all-residential option constitutes a reasonable alternative. to the
formulation of mitigation measures in response to the potential environmental impactsof that
development
Proposed Scope of Services
Absent discussions with the City Attorney, the following.scope of services is presentlyproposed
by EIS based on the information known at the time of this change order's preparation. If,
following the City's review of thiswork program, changes to this scope of services are identified
or if information is subsequently developed through the performance of the specific activities
outlined herein that would suggest the need for a modified level of analyses, EIS reserves the
right to process and the City agrees not to unreasonably withhold approval of one or more
subsequent change orde r requests reflecting that City-identified scope of services.
For the purpose of this proposal; EIS has assumed that two additional primary documents will
be prepared. Titles assigned herein are for convenience purposes only and may be renamed
and/or reformatted based on subsequent discussions with City staff. Those and,
include:
(1) a second "Response to Comments 2 (RTC2) discussing those community outreach
activities that have occurred following the release of RTC1, describing the Revised SDSP, and
containing a detailed analysis of the potential environmental impacts attributable to the adoption
and development of the Revised SDSP; and (2) s third "Response to Comments Y (RTC3)
providing the Lead Agency's written response .to any public or agency comments presented in
response to the release and dissemination of RTC2. Based on recent changes to the State's
CEQA Guidelines, EIS recommends that RTC2 include a "Greenhouse Gas Emissions
Analysis" (GHG Analysis) which would be produced as part of the air quality analysis of the
Revised SDSP and, although separately, described below,. not as a stand-alone work., product.
Each of those documents is. separately described below.
EIS has assumed that, prior to any authorization to proceed, the City Attorneywill be provided
the opportunity to review this scope of services andindependently assess the .adequacy and
appropriateness of the proposed work program with regards to CEQA compliance: .Receipt of
authorization to proceed ;under this:.or under a revised work plan is assumed to constitute
acceptance, by the Lead Agency, that the work so authorized shall be reasonably expected to
produce a legally-adequate and defensible CEQA process.
Major Task 1.0: Greenhouse Gas Emissions Analysis
In March 2010; amendments to the.State CEQA Guidelines addressing greenhouse gas (GHG)
emissions, as mandated by. Senate Bill 97 (Chapter 185, Statues 2007; Section 21083.05,
Public Resources Code), . took effect.: Those amendments require . the quantification. and
mitigation of. GHG emissions. ;Lead agencies. are now required to "describe, calculate, or
estimate the amount of GHG emissions resulting from a project, by eitherusing using a, model, or
methodology. to quantify GHG emissions or, re.lying on. a ,qualitative analysis, or. performance-
based standard and to consider "feasible means of mitigating. greenhouse gases. Because .
those amendments took effect following the release of the DEIR, EIS. recommends that the
Lead Agency.:prepare aGHG Analysis forthe'purpose of.augmenting the. existing environmental'
.y analytical requirements.
.
analysis to more close) conform to the State's new: anal tic
Greg Gubman, Director
Revised "'Site D' Specific Plan"
December 17, 2010
Page 5
So that the City is reasonably apprised of the project's potential to produce GHG emissions, EIS
will conduct an analysis quantifying, as reasonably feasible, emissions of carbon dioxide (CO2),
the primary component of greenhouse gases and global warming. These emissions shall be
projected using the URBEMIS2007, EMFAC2007, or OFFROAD2007 model, as deemed
applicable. The analysis shall include both the emissions from construction and operation.
For the purposes of determining whether or not GHG emissions from a proposed project are
significant, the GHG Analysis shall include an assessment of direct,' indirect, and (to the extent
information: is' available) life -cycle emissions- during construction and operation. Construction
emissions will be 'amortized over the life of the project, defined as 30 years, added to the
operational emissions, and compared to the applicable interim GHG significance threshold tier.
The following outline describes the basic structure of GHG Analysis which will be conducted
only for the Revised S DSP and not for any other of the alternatives examined in the EIR.
• Task 1.1: Exemption Determination (Tier 1): This task consists of evaluating whether
or not the Revised SDSP qualifies for any applicable exemption under CEQA. If the
revised project qualifies for an exemption, no further action is required. If the revised
project does not qualify for an exemption, then the analysis would move to Tier 2.
■ Task 1.2: Consistency Determination .(Tier 2). This task consists of determining
whether or not the Revised SDSP is consistent with a GHG reduction plan that may be
part of`a local general plan. The concept embodied in this tier is equivalent to the
existing concept of consistency outlined in the State CEQA' Guidelines (14 CCR
15064[h][3], 15125[d], and 15152[a]). The GHG reduction plan must, at a minimum,
comply with Assembly Bill (AB) 32 GHG reduction goals, include emissions estimates
agreed upon by either the California Air Resources Board (CARB) or the South Coast Air
Quality Management District (SCAQMD), have been analyzed under CEQA, and have a
certified final' CEQA document. The GHG reduction plan must include a GHG emissions
inventory tracking mechanism, process' to monitor progress in achieving GHG emission
reduction targets, and a commitment to remedy the excess emissions if GHG reduction
goals are not met (enforcement).
If the revised project is consistent with the qualifying local GHG reduction "plan; it isnot
significant for GHG emissions. If the revised project is not consistent with a local GHG
reduction plan of if there is no approved plan or if the GHG reduction plan does' not
include all of the components described above; then the analysis would move to Tier 3.
Task 1.3: Significance Threshold (Tier 3). Under this task the Lead Agency will
establish a screening significance threshold level to determine significance using a 90
percent emission capture rate approach. If the revised project exceeds the GHG
screening significance threshold Ievel.and GHG emissions cannot be mitigated to less
than the screening level, the analysis would then move to Tier 4.
Task'1.4: Compliance Options (Tier 4). This task consists of a decision tree approach
that. allows the Lead Agency' to choose one of three compliance options based on
performance standards. The purpose of Tier 4 is to provide a means for determining
significance relative to GHG emissions for large projects that include design features
and/or other measures to mitigate GHG emissions to the maximum extent feasible, but
residual GHG emissions still exceed the. Tier 3 screening levels. The intent of the Tier.4
Greg Gubman, Director
Revised "'Site D' Specific Plan"
December 17, 2010
Page 6
compliance options is, to encourage large projects to implement the maximum feasible
GHG reduction measures instead of shifting to multiple smaller projects that may forego
some design efficiencies that can more easily be incorporated into large projects than
incorporated into small projects.
® Task 1.5: Mitigation Program (Tier 5). Under this tier, the Lead Agency,, in combination
with the project proponent, wouldformulate off-site mitigation (GHG reduction projects)
to reduce GHG emission impacts to less than the proposed screening level. Any off-site
mitigation. measures that include, purchase of off -sets would require the project
proponent to provide offsets for the life of the project, which is defined as 30 years. If the
project proponent is unable to implement off-site GHG reduction mitigation, measures to
reduce GHG emission impacts to less than the screening level, then GHG emissions
from .the project would be considered significant. If a project generates significant
adverse impacts, the State CEQA Guidelines (14 CCR 15126.4) require identification of
mitigation measuresto minimize potentially significant; impacts.
The GHG Analysis would be included as part of the air quality analysis of the Revised SDSP as
presented in RTC2 (Major.Task 2.0) and not released as a stand-alone study .
Major Task 2.0: Response to Comments 2
As specified in Section 15088 of the State CEQA Guidelines, a lead agency shall evaluate
comments on environmental issues received from persons who reviewed the draft EIR and shall
prepare a.written response. The written responses shall describe the disposition of significant
environmental issues raised (e.g., revisions to the proposed project to mitigate anticipated'
impacts or objections). The response to comments may take the form of a revision to the draft
EIR or may be a separate section in the. final EIR. The administrative record for the "Site D"
property demonstrates that the .Revised SDSP has been formulated in. response to public
concerns, expressed during both public .hearings and at community meetings, regarding the
potential environmentalimpacts, associated with the adoption and implementation of the April
2010 SDSP. It is, therefore, reasonable for the Lead Agency to formulate additional mitigation
and/or additional alternatives (as mitigation) in response to the environmental issues raised by
the general. public.
Under the. work plan outlined herein, a second ,response to comments volume would be
prepared. Public notice of the availability of that document would be provided but no formal
recirculation of the DEIR and RTC1 would occur unless the subsequent analysis reveals the
existence of new unavoidable adverse environmental impacts.
Presented below are the tasks and subtasks that comprise this work effort. .
■ Task 2.1: Introduction. The document will include a description of those events that
occurred subsequent to release of RTC1, including outreach activities conducted by the
WVUSD and the City. :Since EIS did not participate in those activities, information
;presented in the City's Agenda Item 7,1 Agenda Report (General Plan Amendment No.
2007-03,:Zone Change No. 2007-04, Specific Plan No. 2007-01, Tentative Tract Map
No. 70687, and Environmental Impact Report 2007-02), dated November 16,.2010, will
be extracted as used as the solebases for that description. .
Greg Gubman; Director
Revised "'Site D' Specific Plan"
December 17, 2010
Page 7
■ Task 2.2: Revised Project Description. The City shall deliver to EIS a"revised project
description describing both the overall development of the project site. For the purpose
of this proposal, it is assumed ` that the revised project description shall include: (1)
revised site plan including a revised internal and external circulation plan; (2) maximum
authorized number of dwelling units; (3) specificity on the size, 1ocation, and range of
parkuses;' and (4) revised `grading plan. Either as a component of the revised project
description or presented separately, in order to complete the GHG Analysis, certain
information concerning the number and type of pieces of construction equipment
reasonably anticipated on the project site will also be required. _Upon request, the City
(or `others) will provide EIS with detailed estimates of construction operations which will
then serve as the basis for the GHG Analysis.
It is assumed that the Revised SDSP and revised project description initially presented
to EIS is a static document and not subject to further change or alteration by City staff or
`others.' Since ongoing 'changes to the revised project; description routinely predicates
unbudgeted efforts by EIS, the City acknowledge that any such changes' constitute a
supportable basis for the processing and acceptance' of subsequent` change order
requests.
■ Task 2.3: Topic -Specific Assessment. This proposal is based on the premise that the
potential environmental impacts associated with the revised project would be reasonably
assumed to be similar to and either equal to or less than the environmental effects of the
previously proposed project, as described in the DEIR and RTC1. To the extent that
substantial evidence can be presented to support that assumption, the existing analyses
can be retained as reflective of a "worst-case" scenario. Only to the extent that the
impacts attributable to the Revised SDSP would be expected to exceed or be
substantially different from those presented in the DEIR'and RTC1 would a new analysis
be required. For example, if, under, the Revised* SDSP, the ADT and VMT are
determined (by the consulting traffic engineer) to be less than associated with the April
2010 SDSP and if estimated grading quantities remain the same or less than associated
with the previously proposed specific plan, no further analysis of criteria pollutants and
noise' would be' undertaken. The existing analysis' and any associated mitigation
measures (as presented in the DE IR and. RTC1)would be retained.
Operating under that premise, the Lead Agency would not be required to recirculate the
DEIR Pursuit to the State CEQA Guidelines, a lead: agency is only .required to
recirculate an EIR when significant new information is added to the EIR after, pubic
notice is given of the availability of the draft EIR but before circulation (14 CCR 15066.5).
New information is not significant unless the EIR is changed in a way that deprives the
public of a meaningful opportunity to comment upon a substantial adverse environmental
effect of the project or, a feasible way to mitigateoravoid such an effect (including
feasible project alternatives) that the project's proponentshave declined to implement.
Recirculation is not: required where the new information added to the EIR merely, clarifies
or amplifies or makes insignificant modifications in an otherwise :adequate EIR. Since
the proposed changes to the April 2010 SDSP are assumed not to constitute significant
new information and to the extent that no new significant environmental effects can be
assumed to result from the revised project, the Lead Agency would not" be required to
prepare and disseminate a new initial study (14 CCR 15063). :This proposal is based on
those assumptions.
Greg Gubman, Director
Revised «, Site D' Specific Plan"
December 17, 2010
Page 8
Presented below are EIS', assumptions with regards to the level of additional
environmental analysis concerning each of the topical issues examined in the DEIR and.
RTC1.. For the purpose of this proposal, it is. assumed that each of the consultants that
submitted information which was incorporated into the. DEIR and/or the RTC1 will
produce a letter report (1) indicating the continued relevancy of any previous analyses;
and (2) explicitly identifying, describing, and analyzing the impacts associated with the
Revised SDSP, including .those changes, modifications, or other alterations to those
previous. analyses (if any) required to adequately assess the potential environmental
impacts of the Revised SDSP: and. assessing the, continued relevancy of any actions,
recommendations, or mitigation measures presented in the DEIR and RTC1 .relevant to
each consultant's area of involvement.
The assumptions presented in this scope of services are neither intended to presuppose
the outcome of the environmental analyses nor unreasonably curtain the Lead Agency's
independent analysis of the Revised SDSP. Should the. proposed changes, to the April
2010 SDSP suggest a greater level of review than assumed herein, a modified work plan
and attendant budget will be developed in consultation with City staff and approved by
the City prior to completing the CE QA analysis
0 Subtask 2.3.1: Land Use. Introduction of a new land use (i.e., park) would
necessitate an expanded analysis of General Plan and land -use compatibility.
Included in this analysis would be a discussion of the City's "Park Master Plan
and any identified park needs outlined therein. Since an on-site park. was .
identified by not explicitly addressed, in the DEIR and RTC1, issues of land -use
compatibility will be evaluated.
0 Subtask 2.3.2: Population and Housing. Assuming the retention of the same
unit type, any reduction in the number, of allowable dwelling units would result in
a corresponding reduction in the number, of anticipated on-site residents. A
revised population estimate would be presented and any population -based needs
projections identified in the DEIR. and RTC1 would be, modified accordingly..
Similarly., any reduction in the number of dwelling units could impact the City's
ability to address local and regional housing needs. The Revised SDSP will be
examined in the context of the most recent housing needs assessment.
0 Subtask 2.3.3: Geotechnical Hazards. As proposed in the April 2010 SDSP,
the entire. project site would be graded. Issues of slope. stability were examined.
Revisions. to the April 2010: SDSP are not anticipated to materially affect the
existing analysis of on-site and .near -site geotechnical hazards. As a result, the
existing analysis constitutes a "worst-case scenario with regards to geotechnical
hazards. Since. no greater level of impact would . be anticipated .under the
Revised SDSP, as, supported, by accompanying documentation from .KFM
GeoS:cience (KFM); the RTC2 document will, address the -Lead, Agency's
rationale for retaining the analysis presented in the. DEIR and. RTC1.
KFM shall ` prepare and present EIS with a brief letter report indicating the ,
continued relevancy of KFM's; previous analysis.and work product based on
those changes to the proposed project identified in the.Revised SDSP.
Greg Gubman, Director
Revised "'Site D' .Specific Pian"
December 17, 2010
Page 9
0 Subtask 2.3.4: Hydrology and Water Quality. Inclusion of additional open
space areas (i.e., park and engineered open space) and reduction in the amount
of impervious surface on the project site would be anticipated to result in a
reduction in the quantity of stormwater runoff. As a result, the existing analysis
constitutes a "worst-case" scenario with regards to hydrology and water quality
impacts. Since no greater level of impact would be anticipated under the
Revised SDSP, as supported by accompanying documentation from PENCO
Engineering, Inc. (PENCO), the RTC2 document will address the Lead Agency's
rationale for retaining the analysis presented in the DEIR and RTC1.
PENCO shall prepare and present EIS with a letter report indicating the
continued relevancy of PENCO's previous analysis and work product based on
those changes to the pro posed project identified in the Revised SDSP.
0 ` Subtask 2.3.5: Biological Resources. Based on the April 2010 SDSP, the
DEIR and RTC1 assumed that the entireproject site would be denuded (100
percent disturbance), all protected trees would be removed, and any existing
habitat value of the subject property would be eliminated. As such, the existing
analysis constitutes a "worst-case" scenario with regards, to biological ,resource
impacts. Since no greater level of impact would be anticipated under the
Revised SDSP, as supported by accompanying documentation . from PCR
Services Corporation (PCR), the RTC1 document shall address the Lead
Agency's rationale for retaining the analysis presented in the DEIR and RTC1.
PCR shall prepare and present EIS with a brief letter report indicating the
continued relevancy of PCR's previous: analysis and work product based on
those changes to the proposed project identified in the Revised SDSP.
0 Subtask 2.3.6: Transportation and Circulation.. A reduction in the number of
allowable on-site dwelling units and the elimination of all previously contemplated
commercial uses will reduce both ADT and VMT, as well as change the off-site
"volumes of peak andnon-peak-hour traffic. Conversely, the introduction of a
park on the subject property will introduce new traffic, most of which will occur
during non -peak periods. As a result, a revised traffic impact analysis (Revised
TIA), including an assessment of cumulative impacts, will be prepared by Sasaki
Transportation Services .(STS), including a re-evaluation of project -specific
mitigation measures, project -initiated traffic improvements, and fair -share
obligations. Since the proposed park constitutes a public use, issues of ingress
and egress and on-site parking will be examined. Additionally, since many park
users may not drive to the park, a discussion of non -motorized transportation and
public safety will be presented.
0 Subtask 2.3.7: Air Quality. Based om the April 2010 SDSP; the DEIR and
RTC1 assumed that the entire project site would be graded and that site
development would then follow. If it can. assumed that the same number and
types of construction equipment would be required in order to implement the
Revised SDSP and thatahe number of operational ADT would not increase about
the previous traffic projects,- the existing analysis constitutes a "worst-case"
Greg Gubman, Director
Revised "'Site D' Specific Plan"
December 17, 2010
Page 10
scenario with regards to air quality impacts. With regards to criteria pollutants,
since no greater level of impact would be anticipated under the Revised SDSP,
the RTC2 document will address the Lead Agency's rationale for retaining the
analysis presented in: the DEIR and RTC1.
Information developed during performance of Maior Task 1.0 (Greenhouse Gas
Emissions Analysis) would be incorporated herein.
0 Subtask 2.3.8: Noise. Based on the April 2010 SDSP, the`:DEIR.and RTC1
assumed that the entire project site would be graded and that site development
would then follow. If it can assumed that the same number and types. of
construction equipment would be required in order to implement the Revised
SDSP and that the operational. ADT would not increase about the previous traffic
projections, the existing analysis constitutes a "worst-case scenario with regards
to noise impacts. Since no greater level of impact would be anticipated under the
Revised SDSP, the RTC2 document will address the Lead Agency's rationale for
retaining the analysis presented in the DEIR and RTC1.
0 Subtask 2.3.9: Public Services and Facilities. Included in the DEIR was an
analysis of the April 2010 SDSP's impacts on City recreational facilities. Under
the City's Quimby Act ordinance, park requirements were calculated and impact
fees estimated based on the maximum authorized development. Park demand
and park fees will be recalculated based on land -use assumptions presented in
the Revised SDSP.
Under the Revised SDSP, an approximately 2.0 -acre park will be developed on
the "Site D" property. The proposed park size, location, and range of amenities
will be identified (by the City) and the environmental impacts of those facilities
examined. Compliance with the "Park Master Plan" will; be evaluated. It is
assumed that real property dedication will not be of sufficient size to allow for the
inclusion of, multi -use athletic fields and . organized recreational activities. As
such, no. sports lighting is assumed and no photometric . analysis will be
presented.
0 Subtask 2.3.10: Utilities and Service Systems. Based on the Lead Agency's
analysis, the only "utilities and service systems" examined in the DEIR related to
wastewater collection and treatment. For the purpose of this proposal, it is
assumed that no other "utilities and service systems," other than sanitary sewers,
will need be examined in the RTC2 document.
A reduction in the number of allowable on-site dwelling units and the elimination
of on-site commercial uses will reduce site-specific demand .for, existing
wastewater collection and treatment systems below those eveIs associated with
the April 2010. SDSP. As such, the analysis constitutes a "worst-case"
scenario with regards to impacts on utilities. and service systems. Since no .:
greater level of impact would be anticipated under the. Revised SDSP, the. RTC2
document will address- the Lead Agency's: rationale: for retaining the analysis
presented in the DEIR and RTC1.
Greg Gubman, Director
Revised ..Site D' Specific Plan
December 17, 2010
Page 11
0 Subtask 2.3.11: Cultural Resources. A detailed archeological and historic
resource assessment was previously conducted for the subject property and,
based on the assumption that the entire project site would be graded, measures
presented to address and fully mitigate cultural resource impacts. As such, the
existing analysis constitutes a "worst-case" scenario with regards to cultural
resource impacts. Since no greater level of impact would be anticipated under
the Revised SDSP, the RTC2 document will address the Lead Agency's rationale
for retaining the analysis presented in the DEIR and RTC1.
PCR shall prepare and present EIS with a brief letter report indicating the
continued relevancy of PLR's previous analysis and work product based on
those changes to the proposed project identified in the Revised SDSP.
0 Subtask 2.3.12: Aesthetics. The introduction of a park component and the
resulting reduction in the size of the development area (including the reduction in
the amount of impervious surfaces) has the potential to beneficially affect the
post -project's visual characteristics. As a result, the existing analysis constitutes
a "worst-case" scenario with regards to aesthetic impacts. Since no greater level
of impact would be anticipated under the Revised SDSP, the RTC2 document
will address the Lead Agency's rationale for retaining the analysis presented in
the DEIR and RTC1.
For the purpose of" this proposal, it is assumed that no pole -mounted, high- .
intensity sports lighting will be included in the design of the proposed park or
required. for analysis herein. No photometric analysis of on-site lighting has been '
included in this scope of services.
0 Subtask 2.3.13: ` Growth Inducement. Since the introduction of a park, the
reduction "in the number of dwelling units, and the elimination of on-site
commercial uses would not be anticipated to generate any additional growth -
inducing impacts above the level examined in the DEIR and, RTC1, the existing
analysis constitutes a "worst-case" scenario with regards to growthinducement.
Since no greater level of impact would be anticipated under the Revised SDSP;
the RTC2 document will address the Lead Agency's rationale for retaining the
analysis presented in the DEIR and RTC1.
Task 2.4: Response to Comments 2. The information and analysis formulated under
Task 2.3 (Topic -Specific Assessment) will be assembled into a stand-alone document
which, in combination with the DEIR, RTC1, and RTC3 (as described in Major Task 3.0),
shall` constitute the draft "Final Environmental Impact Report - 'Site D' Specific Plan,
SCH No. 2008021014" (FEIR). Presented below are the subtasks associated with the
preparation.of the RTC2 document.
0 Subtask 2.4.1: Administrative' Draft RTC2. Under this subtask, EIS will
prepare an Administrative Draft RTC2 (Screencheck RTC2) and submit that
document to the City for review. The Screencheck RTC2 will only include that
analysis and supporting documentation specifically identified herein.
0 Subtask 2.4.2: Additional Analysis. Based on comments received on the
Screencheck RTC2 from City staff, EIS will revise, that. draft document and
incorporate the comments, changes, and recommendations presented by the
-round review, a revised draft RTC2 document.
City and will resubmit, for second
Upon acceptance, that document, in combination with the DEIR and RTC1, shall
constitute the revised DE IR for the project.
purpose g q RTC2
For the ur ose of this change order request, it is assumed. that the
document will be accepted by the Lead Agency based on the second -round
review conducted by City staff. Should any additional changes or revisions to the
revised draft RTC2 document be requested that were not included in the City's
first-round comments, all costs incurred in the performance of those unbudgeted
efforts will be reimbursed on a time -and -materials and cost-plus basis, in
accordance with the terms and provisions of EIS' Standard Rate Schedule.
Major Task 3.0: Response to Comments 3
This major task includes those activities associated with the preparation of the "Response to
Comments 3" (RTC3) document and the certification of the FEIR by the City.
■ Task 3.1: Response to Comments 3. Since theP recise nature and substance of any
public and agency comments cannot be known with any reasonable certainty pending
receipt of those comments, EIS has assigned only a specified number of labor hours to
this task'. Based on the number and/or nature of any comments received by the Lead
Agency, should this work effort require a greater allocation of labor hours and/or the
participation of one or more subcontractors, that additional labor allocation and/or work
effort has not be budgeted herein and constitutes "out of scope" work. EIS will present i
the City with a revised budget for the preparation of additional draft responses, for the
-'submittal. of a draft RTC3 to the. Lead Agency, for.the incorporation of any additional
changes that may be subsequently requested by the City, and for the publication and
dissemination of the RTC3 in the manner required.under CEQA and City procedures.
Task 3.2:. Revised Mitigation Reporting. and. Monitoring Program. Based on the
findings of the RTC2 and RTC3, in combination with the DEIR and RTC1, EIS shall
prepare a revised mitigation reporting and monitoring program (Revised MRMP)
identifying the timing, documentation, and verification of the Lead Agency's
implementation of and. compliance with each of the mitigation measures identified in the
FEIR.
■ Task. 3.3: New. Ten -Day Notice. The Lead Agency is required to provide all
commenting public agencies with a minimum 10 -day period: to review the ,City's draft
response to those comments prior to taking any actiononthe_FEIR: Under this,subtask;
EIS will disseminate. copies of the RTC3 document, or portions .thereof, to those
agencies that are required to receive such notice.
■ Task 3.4: Revised Notice of Determination. Upon certification of the FEIR, the Lead
Agency is required to prepare a "Notice of, Determ.ination". (NOD). Should the Council
elect to approve or conditionally approve the Revised SDSP, EIS will prepare a revised
Y y Unified School
Y Y nut Valle
NOD for. execution b Cit staff. The Cit and/or the. Wal
Greg Gubman, Director
Revised "'Site D' Specific Plan
December 17, 2010
Page 13
District (WVUSD) shall be responsible for the payment of any and:. all California
Department of Fish.and Game (CDFG) and other fees as may be required by the State
of California and/or the County of Loa Angeles and shall ensure posting of the NOD in
the Office of the County Clerk.
■ Task 3.5: Revised Findings of Fact and Statement of Overriding Considerations.
Shouid the City.elect to approve the Revised SDSP, the Lead Agency is required to
prepare "Finding of Fact" (FOF) and; in the event that any significant impacts should
remain after mitigation, a "Statement of Overriding Considerations" (SOQ): Although
FOF and a SOQ were previously prepared,, those documents will need to be revised in
response to the Revised SDSP and the subsequent analysis conducted by the Lead
Agency. EIS will conduct the following activities in furtherance of the preparation of the
revised FOF and SOQ.
0 Subtask 3.5.1: Draft Revised Findings of Fact. Underthissubtask, EIS will
prepare a revised "Draft Findings of Fact and Statement of Overriding
Considerations" .(Revised DFOF/SOQ) and submit that document to the City for
their review.
0 Subtask 3.5.2: Final Revised Findings of Fact. 'Upon'receipt of any comments
from. the City, EIS will, within the limitation of this proposal: (1) address the
requested revisions to the Revised DFOF/SOQ as directed by the City and as
contained in a single set of consolidated written comments submitted to EIS on
the DFOF/SOQ; and (2) submit the final revised "Findings of Fact and Statement
of Overriding Considerations" (Revised FOF/SOQ) to the City for subsequent
processing ` (by, others). Should any additional ` changes or revisions to the
Revised FOF/SOQ be requested that were not included in the City's first-round
comments, all costs incurred in the performance of those unbudgeted efforts will
be reimbursed on a time'and-materials and cost-plus basis, in accordance with
the terms and provisions of EIS' Standard Rate Schedule;
Major Task 4.0: CEQA Support Activities
This task includes those activities required to support the 'P reparation and processing of'the
'project's CEPA documentation. `
■ Task` 4.1: Reprographic Support Services/Graphic Support. This task encompasses
direct and indirect costs associated with the production and reproduction of documents
associated with this work effort, including the preparation` of graphics and other material
as may be identified by EIS and/or the Lead Agency. Since actual costs cannot be
determined at. this time, EIS has assigned a specific dollar amount to this task
assignment. Should this work effort require a greater cost commitment, those additional
costs have not be budgeted herein and constitutes "out of scope" work:': EIS will present
the City with,a revised budget for the preparation of additional support services.
■ Task 4.2: Additional Public Hearings. EIS' project director shall attend up to four (4)
additional public hearing and/or public meeting before the Planning. Commission and
CityCouncil. Since meeting length cannot be precisely defined; for budgetary purposes,
Greg Gubman, Director
Revised "'Site D' Specific Plan"
December 17, 2010
Page 14
a specified number of labor hours have been assumed for travel and attendance.
Should the number of meetings, number of hours, or number of individuals in attendance
exceed assumed limits, additional work effort will be billed on a-time-and-materials and.
cost-plus basis in accordance with the rates and terms in EIS' Standard Rate Schedule.
■ Task4.3: Additional Meetings.: EIS. is committed to establishing and maintaining
effective communication with City :staff and others throughout the term of this work
program. In furtherance of that effort, as an optional (unbudgeted) task, a. representative.
of EIS will attend up to two (2) additional meetings with City staff and/or other parties to
discuss outstanding issues and obtain input, guidance, and direction regarding specific
aspects of the project's CEQA documentation.
■ Task 4.4: Other Direct Costs. This task includes all other incidental expenses related
to the implementation of this work program including, but not limited to, travel, photo
processing, postage, and deliveries.
Not-to-Exceed Cost
Table 1 (Environmental Impact Sciences — Cost Proposal) is an itemized not-to-exceed cost
estimate for those mayor tasks, tasks, and subtasks outlined herein. All authorized project=
related costs will be invoiced in accordance with the rates and terms specified in EIS' Standard
Rate Schedule.. EIS reserves the right to internally adjust individual line-item budgets, limited
only to the provision that the total project cost not be exceeded except through the City's
expressed authorization.
Should the City elect to delete or modify any of the project components comprising this scope of
services, to the extent that the deleted or modified work is a precursor, of other activities or
critical to the completion of this work assignment, EIS reserves the right to submit a revised cost
proposal.and process associated change orders to reflect those changes
Unless explicitly identified herein or in any supplement hereto, any additional efforts or
expenditures that may be requested by the City and beyond this stated work program constitute
"out of scope" activitiesand will be billed in accordance with the rates and terms specified' in:
EIS' Standard Rate Schedule. The City shall not unreasonably withhold or delay processing of
any change order requests for work authorized by or directed by the City or for those services
not explicitly identified herein.
:additional information concerning our Should you have.any questions:, nfiem,'p ease feelng the pe of services outlined herein or require
free to contact meat (949) 837-1195.
Sincerelv.
Peter Lewandowski
Principal
Enclosure (Cost.Proposal)
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Agenda # 8 .-T
Meeting Date Dec. 21, 2010
CITY COUNCIL Vii' AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
VIA: James DeStefano, City Ma
&
TITLE: City Council Appointments
RECOMMENDATION:
FINANCIAL SUMMARY:
No Fiscal Impact.
,WifIM
,C 911AN113
On a yearly basis following the reorganization of the City Council, the newly selected
Mayor has the opportunity to appoint Council Members to serve as delegates and
alternates to the local and regional organizations of which the City is a member. In
addition, the City Council has created various standing committees (meet as needed)
and ad-hoc committees which require appointments.
Pursuant to the bylaws of the San Gabriel Valley Council of Governments, a resolution
must be adopted to formalize the new appointments. Resolution No. 2010 -XX is
attached, confirming the appointments.
Attachment: Organization list
Resolution No. 2010 -XX
Davi d',156yloAssly City Manager
CITY COUNCIL APPOINTMENTS
Effective December 21, 2010
COMMITTEE
California Contract Cities Association
DELEGATE/ALTERNATE
ffzl�-"
(Board of Directors Membership — CCCA bylaws specify that voting delegate and alternate needs to be any
City elected official)
Sam Olivito, Exec. Dir., 11027 Downey Ave., Downey, CA 90241, 562-622-5533, FAX 562-622-
9555.
Meets 3rd Wednesday of each month at 6:30 p.m. (social hour), 7:30 p.m., dinner, various
restaurant locations of host City. Reservations required. -
Foothill Transit Board
Herrera/Tanaka
(Board of Directors nienibuship — Delegate and alternate 777USt be elected officials)
Doran Barnes, Exec. Dir. 100 S. Vincent Ave., 2"d Floor, W. Covina, 91790,626-967-2274, FAX
626-915-1143
Meets fourth Friday of each month at 8:00 a.m. at above address.
Four -Corners Transportation Policy Group Unchanged Herrera
Carol Herrera, City of Diamond Bar, Chairman - Meets as needed.
Greater Los Angeles County Vector Control District Tye
(Appointment of Trustee — does not have to be an elected official. Appointment is for 2 -year term
12545 Florence Ave., Santa Fe Springs, 90670, 562-944-9656
Meets 2nd Thursday at address above at 7:00 p.m.
Joint Powers Insurance Authority
Tye/Tanaka
(Board ofDireCt0rS membership —Delegate Must be any elected official appointed by the Mayor. Alternate
may be elected official or staff ni.e7nbe7)
Joh Shull, Executive Director, 8081 Moody St., La Palma, 90623, 800-229-2343, FAX 562-860-
4992
General Board Committee meets annually each July - location to be announced
L.A. County Sanitation District No. 21 Tye/Tanaka
(Board ofDirectorsMembership —Mayor is automatically delegate per Health &Safety Code Sec. 4730.1.
Alternate is required to be an elected official whose appointment is C072firnied by City Council action)
Rev. December 21, 2010
Stephen R. Maguin, Chief Engineer & Gen. Mgr., 1955 Workman Mill Rd., Whittier 90601-4998
Mailing: P.O. Box 4998, Whittier 90601-4998, 562-699-7411 x1500, FAX 562-908-4255
Meets 4th Wednesday of each month at 1:30 p.m. at District Office
L.A. County City Selection Committee Tye/Chang
(Board ofDirectors membership - Mayor and MayorPro Tem are automatically designated as Delegate and
Alternate, respectively)
Sachi A. Hamai, Executive Officer, Board of Supervisors, Kenneth Hahn Hall of Administration,
Room 383, 500 W. Temple St., Los Angeles, 90012, 213-974-1401
Meets: After the League of Calif. Cities - L.A. County Division Meeting - (Approx. 8:30 p.m.)
League of Calif. Cities - L.A. County Division Chang/Tanaka
(Board ofDirectors membership —Delegate and alternate must be elected officials. Mayor does not have to
be appointed) .
P.O. Box 2336, West Covina, CA 91793-2336 213-300-8683 FAX 213-559-8989. Jennifer Quan
626-786-5142 taking duties of Ben Wong.
Meets 1 st Thursday of each month at 6:30 p.m. at Metropolitan Water District (MWD), 700 N.
Alameda St., Los Angeles, CA 90012
San Gabriel Valley Council of Governments Herrera/Tye
(Board of Directors membership — Delegate and alternate must be elected officials. Adoption of a
resolution confirming the appointment is usually made at the next City Council meeting)
Nicholas Conway, Exec. Dir., c/o Arroyo Assoc., 3452 E. Foothill Blvd. #910, Pasadena 91107-
3142, 626-564-9702, FAX 626-564-1116
Meets 3rd Thursday of each month at 6:00 p.m. at various locations. Executive Session 5:00 p.m.
Southern California Assn. of Governments (SCAG) Chang/Everett
(Board of Directors membership — Delegate and alternate must be elected officials but there is no
requirement that delegate be the Mayor) (Appointment to SCAG District 37 is not contingent on
appointment as delegate or alternate by the City)
Main Office, 818 W. 7th St., 12th Floor, Los Angeles, 90017, 213-236-1800, FAX 213-236-1825
General Assembly meets annually each March - location to be announced
Tres Hermanos Conservation Authority Herrera/Everett
c/o City of Chino Hills, Michael Fleager, Executive Director
Rev. December 21, 2010
Wildlife Corridor Conservation Authority (WCCA) Tanaka/Everett
(Board of Directors Membership — Council may appoint anyone)
Joseph Edmiston, Executive Director, Contact: Judi Tamasi
5819 Ramirez Canyon Rd., Malibu, CA 90265 310-589-3230 x121. FAX 310-589-3237
Wildlife Corridor Conservation Authority Advisory DavislMahlke
Appointed by Council for 2 years. Terms expire — Stephen Davis/Jennifer Mahike
July 2010 — terms expire in July of even numbered years).
Economic Development (Meets quarterly) Chang/Everett
Neighborhood Improvement (Meets quarterly) Everett/Chang
Public Safety Committee (Mayor and Mayor Pro Tern meets quarterly) Tye/Chang
CITY COUNCIL AD HOC COMMITTEES
(Meet as Needed)
City Council Goals/City Manager Evaluation Tye/Chang
Industry East Development Advisory Committee Chang/Herrera
Legislative ChanglEverett
LLAD Council Sub -Committee Everett/Chang
Sphere of Influence/Annexation Tanaka/Herrera
'fjl:r
j &1!ffl j I A
fl�'L01_44L►
Chamber of Commerce
Everett/Chang
D.B. Community Foundation
Chang/Tanaka
Library
Tanaka/Herrera
PUSD/City
EverettlHerrera
Senior Citizen
Tanaka/Everett
WVUSD/City
Tye/Tanaka
Rev. December 21, 2010
RESOLUTION NO. 2010 -XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR
CONFIRMING THE APPOINTMENT OF SPECIFIC REPRESENTATIVES TO THE
SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS
A. RECITALS
WHEREAS, the City of Diamond Bar has executed the San Gabriel Valley
Council of Governments Joint Powers Agreement; and
WHEREAS, the Joint Powers Agreement for the San Gabriel Valley Council of
Governments requires each member city to appoint a Delegate Government Board
Representative and an Alternate Governing Board Representative to represent the City
in conducting the affairs of the San Gabriel Valley Council of Governments; and
WHEREAS, has been designated to serve as the
"delegate" from the City to serve as the Governing Board Representative with the San
Gabriel Valley Council of Governments; and
WHEREAS, _
"alternate" Governing
Governments.
has been designated to serve as the
Board Representative to the San Gabriel Valley Council of
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That the City Council of the City of Diamond Bar appoints
to serve as the City of Diamond Bar's delegate to the Governing
Board of the San Gabriel Valley Council of Governments.
SECTION 2. That the City Council of the City of Diamond Bar appoints
to serve as the City of Diamond Bar's alternate
delegate to the Governing Board of the San Gabriel Valley Council of Governments.
SECTION 3. That the individuals designated in this resolution serve until
replaced by resolution or until they become ineligible pursuant to the terms of the Joint
Powers Agreement of the San Gabriel Valley Council of Governments.
SECTION 4. That the City Clerk shall certify the adoption of this resolution.
SECTION 5. That a certified copy of the resolution be circulated to the San
Gabriel Valley Council of Governments.
PASSED, APPROVED AND ADOPTED THIS DAY OF
2010.
Steve Tye, Mayor
1, Tommye Cribbins, City Clerk of the City of Diamond Bar, do hereby certify that
the foregoing Resolution was passed, approved and adopted at a regular meeting of the
City Council of the City of Diamond Bar held on the day of
2009, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
Tommye Cribbins, City Clerk