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HomeMy WebLinkAbout04/19/2011 ^ . .a gm City Of is 0 ar City Council Agenda Tuesday, April 19, 2011 5:00 p.m. — Study Session — Room CC-8 6:30 p.m. — Regular Meeting The Government Center South Coast Air Quality Management District/ Main Auditorium 21865 Copley Drive, Diamond Bar, CA 91765 Steve Tye Ling-Ling Chang Mayor Mayor Pro Tem Ron Everett Carol Herrera Jack Tanaka Council Member Council Member Council Member City Manager James DeStefano City Attorney Michael Jenkins • City Clerk Tomm ye Cribbins Copies of staff reports or other written documentation relating to agenda items are on file in the Office of the City Clerk,and are available for public inspection. If you have questions regarding an agenda item,please contact the City Clerk at(909)839-7010 during regular business hours. In an effort to comply with the requirements of Title 11 of the Americans with Disabilities Act of 1990,the City of Diamond Bar requires that any person in need of any type of special equipment,assistance or accommodations)in order to communicate at a City public meeting,must inform the City Clerk a minimum of 72 hours prior to the scheduled meeting. Have online access? City Council Agendas are now available on the City of Diamond Bar's web site at www.CityofDiamondBar.com '. Please refrain from smoking,eating or drinking in the Council Chambers. The City of Diamond Bar uses recycled paper and encourages you to do the same. t� � �rr DIAMOND BAR CITY COUNCIL MEETING RULES Welcome to the meeting of the Diamond Bar City Council. Meetings are open to the public and are broadcast live on Time-Warner Cable Channel 3 and Verizon FiOS television Channel 47. You are invited to attend and participate. PUBLIC INPUT Members of the public may address the Council on any item of business on the agenda during the time the item is taken up by the Council. In addition, members of the public may, during the Public Comment period address the Council on any Consent Calendar item or any matter not on the agenda and within the Council's subject matter jurisdiction. Persons wishing to speak should submit a speaker slip to the City Clerk. Any material to be submitted to the City Council at the meeting should be submitted through the City Clerk. Speakers are limited to five minutes per agenda item, unless the Mayor determines otherwise. The Mayor may adjust this time limit depending on the number of people wishing to speak, the complexity of the matter, the length of the agenda, the hour and any other relevant consideration. Speakers may address the Council only once on an agenda item, except during public hearings, when the applicant/appellant may be afforded a rebuttal. Public comments must be directed to the City Council. Behavior that disrupts the orderly conduct of the meeting may result in the speaker being removed from the Council chambers. INFORMATION RELATING TO AGENDAS AND ACTIONS OF THE COUNCIL Agendas for regular City Council meetings are available 72 hours prior to the meeting and are posted in the City's regular posting locations, on DBTV Channel 3, Time-Warner Cable Channel 3, FiOS television Channel 47 and on the City's website at www.ci.diamond-bar.ca.us. A full agenda packet is available for review during the meeting, in the foyer just outside the Council chambers. The City Council may take action on any item listed on the agenda. ACCOMMODATIONS FOR THE DISABLED A cordless microphone is available for those persons with mobility impairments who cannot access the podium in order to make a public comment. Sign language interpretation is available by providing the City Clerk three business days' notice in advance of a meeting. Please telephone (909) 839-7010 between 7:30 a.m. and 5:30 p.m. Monday through Thursday and 7:30 a.m. to 4:30 p.m. on Fridays. HELPFUL PHONE NUMBERS Copies of agendas, rules of the Council, Cassette/Video tapes of meetings: (909) 839-7010 Computer access to agendas: www.ci.diamond-bar.ca.u's General information: (909) 839-7000 THIS MEETING IS BEING BROADCAST LIVE FOR VIEWING ON TIME-WARNER CABLE CHANNEL 3 AND VERIZON FiOS TELEVISION CHANNEL 47 AS WELL AS BY STREAMING VIDEO OVER THE INTERNET AND BY REMAINING IN THE ROOM YOU ARE GIVING YOUR PERMISSION TO BE TELEVISED. THIS MEETING WILL BE RE-BROADCAST EVERY SATURDAY AND SUNDAY AT 9:00 A.M. AND ALTERNATE TUESDAYS AT 8:00 P.M. AND ARE ALSO AVAILABLE FOR LIVE AND ARCHIVED VIEWING ON THE CITY'S WEB SITE AT WWW.CITYOFDIAMONDBAR.COM CITY OF DIAMOND BAR CITY COUNCIL AGENDA April 19, 2011 Next Resolution No. 2011-11 Next Ordinance No. 04 (2011) STUDY SESSION: 5:00 p.m., Room CC-8 ® City Council Goals and Objectives— Discussion and Action. ® Update on New City Hall — Interior Colors — Discussion and Action. ® Discussion Re: Dog Park— Discussion and Action. Public Comments CALL TO ORDER: 6:30 p.m. PLEDGE OF ALLEGIANCE: Mayor INVOCATION: Mike Malatka, Youth Minister Diamond Canyon Christian Church ROLL CALL: Council Members Everett, Herrera, Tanaka, Mayor Pro Tem Chang, Mayor Tye APPROVAL OF AGENDA: Mayor 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: Written materials distributed to the City Council within 72 hours of the City Council meeting are available for public inspection immediately upon distribution in the City Clerk's Office at 21825 Copley Dr., Diamond Bar, California, during normal business hours. April 19, 2011 PAGE 2 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: 3. PUBLIC COMMENTS: "Public Comments" is the time reserved on each regular meeting agenda to provide an opportunity for members of the public to directly address the Council on Consent Calendar items or matters of interest to the public that are not already scheduled for consideration on this agenda. Although the City Council values your comments, pursuant to the Brown Act, the Council generally cannot take any action on items not listed on the posted agenda. Please complete a Speaker's Card and give it to the City Clerk (completion of this form is volunta[Y). There is a five- minute maximum time limit when addressing the City Council. 4. RESPONSE TO PUBLIC COMMENT: Under the Brown Act, members of the City Council may briefly respond to public comments but no extended discussion and no action on such matters may take place. 5. SCHEDULE OF FUTURE EVENTS: 5.1 Arbor Day — April 22, 2011 — 9:30 a.m., Pantera Elementary School, 801 Pantera Drive. 5.2 Annual Easter Egg Hunt/Pancake Breakfast — April 23, 2011 — Breakfast 8:30 a.m. — Egg Hunt— 10:00 a.m., Pantera Park, 738 Pantera Drive. 5.3 Planning Commission Meeting — April 26, 2011 — 7:00 p.m., AQMD/Government Auditorium, 21865 Copley Drive. 5.4 Parks and Recreation Commission Meeting — April 28, 2011 — 7:00 p.m., AQMD/Government Center Hearing Board Room, 21865 Copley Drive. 5.5 City Council Meeting — May 3, 2011 — 6:30 p.m., AQMD/Government Center Auditorium, 21865 Copley Drive. 6. CONSENT CALENDAR: 6.1 City Council Minutes — Regular Meeting of April 5, 2011 — Approve as submitted. 6.2 Ratification of Check Register— Dated March 31, 2011 through April 13, 2011 totaling $334,065.99. Requested by: Finance Department April 19, 2011 PAGE 3 7. PUBLIC HEARINGS: 6:45 p.m., or as soon thereafter as matters may be heard. 7.1 Adopt Resolution No. 2011-XX: 'Adopting the 2008-2014 Housing Element Update (General Plan Amendment No. PL 2011-43. Recommended Action: Receive Staff Report, Open Public Hearing, Receive Testimony, Close Public Hearing and Adopt. Requested by: Community Development Department 8. COUNCIL CONSIDERATION: None. 9. COUNCIL SUB-COMMITTEE REPORTS/COUNCIL MEMBER COMMENTS: 10. ADJOURNMENT: Study Session #1 CITY OF DIAMOND BAR MEMORANDUM To: Honorable Mayor& Members of the City Council From: James DeStefano, City Manak5e k:)r� Date: April 19, 2011 SUBJECT: FY 2011-2012 Council Goals & Objectives Recommendations I In anticipation of the upcoming FY 11-12 municipal budget discussion, staff reviewed the adopted list and compiled a series of recommended changes or edits based on the current status of each item. EY 2010-2011 City Council Goals & Objectives 1. Traffic Mitigation ® Pursue the 57/60 Freeway Interchange corridor long-term "final fix" and present an annual status report to the Council. Work with federal representatives to ensure the project is on the next Transportation Reauthorization Bill known as "Moving Ahead for Progress in the 21st Century (MAP-21)". No change recommended. . Participate in the development of SCAG's Regional Goods Movement Plan to ensure the plan is equitable in its distribution of goods movement related traffic. No change recommended. ® Develop the Four Corners Transportation Coalition (FCTC) and implement the four priority projects as identified by the Coalition. The FCTC has evolved and is now known as the "Four Corners Coalition (FCC)". The FCC will now focus on regional economic development opportunities and legislative interests while the existing Four Corners Policy Group will advocate for transportation solutions. To properly reflect this change, staff recommends this existing item be modified with the following language: Maintain participation in the Four Corners Policy Group and Four Corners Coalition to advocate for regional transportation, economic development, and legislative solutions. • Support and participate in the completion of the Lemon Avenue on and off ramp project. No change recommended. • Monitor and evaluate the Neighborhood Traffic Management Plan solutions, the Traffic Signal Interconnect project, and the DB Traffic Management System (TMS). Given the completion of the Traffic Signal Interconnect project in FY 09-10, staff recommends this existing item be modified with the following language: Monitor and evaluate the Neighborhood Traffic Management Plan and DB Traffic Management System (TMS) and their impacts on arterial and neighborhood traffic flow congestion relief. 2. Fiscal Responsibility/Economic Development Create a long-term City-wide financial plan for preservation of the City's fixed assets, including infrastructure, buildings, parks, and other facilities. No change recommended. • Develop incentive-based Specific Plans,to revitalize areas such as K-Mart and Market World. No change recommended. • Adopt and market a Specific Plan for the future use of the 28 acre parcel at Diamond Bar Blvd. and Brea Canyon Road (Site D). Given recent Council direction to pursue a 100% residential project with a neighborhood park, it is recommended this item be eliminated from the Goals & Objectives list. • Identify and implement development opportunities for the former Honda dealership property that will result in the greatest net benefit to the community. No change recommended. • Develop a plan to address the needs of the City's Lighting and Landscape Assessment Districts to ensure their financial sustainability. No change recommended. 2 3. Communications • Encourage public participation and communication and collect scientifically valid data to gauge community interest and opinion of potentially significant projects and programs. Given that the City may not communicate via data collection/surveys in the coming year, revise language to encompass new/other communication methods, as follows: In addition to public meetings, encourage resident participation through open and expanded communication methods, including electronic and social media and the collection of scientifically valid opinion data. 4. Other Items • Update the City's Solid Waste Ordinance Since this item was completed in 2010, it is recommended this item be eliminated from the Goals & Objectives list. • Preserve Windmill structure located at the Ralph's Shopping Center via maintenance and/or ownership of structure and/or property. Due to the property owner's unwillingness to work with the City (after several attempts and many strategies) or sell the property, it is recommended this item be eliminated from the Goals & Objectives list. • Develop a City-wide branding plan that incorporates standard design elements with a unifying theme that reflects the image of Diamond Bar. No change recommended. • Establish a "quiet zone" on the Metrolink train line at Lemon Avenue near Walnut Elementary School. Since this item is included in the City's NFL Stadium Agreement with the City of Industry, it is recommended this item be eliminated from the Goals & Objectives list. In the event the stadium project is moved to the downtown LA area, the item can be placed back on a future Goals & Objectives list. • Develop and implement appropriate sustainability programs identified in the Council's sustainability report. To more accurately reflect the City's current environmental and sustainability 3 practices following the 2008 sustainability report, it is recommended this item be revised as follows: Develop and implement fiscally.responsible environmental/sustainability programs. •_ Complete design, construction, and building preparation necessary to relocate City Hall to the new facility by mid-2011. Staff recommends the item be amended as follows to properly reflect current project completion timelines: Complete design, construction, and building preparation necessary to relocate City Hall to the new facility by January 2012. • Work with the County/County Library to reach a firm agreement to relocate the current library to the new City Hall facility. Staff recommends the item be amended as follows to properly reflect current progress: Work with the County/County Library to reach a final written agreement and relocate the current library to the new City Hall facility by October 2012. • Develop contingency plans for the first floor space should the County Library choose not to relocate to the new City Hall facility. Due to the County Supervisor's recent official public commitment to funding the new Library project, it is recommended this item be eliminated from the Goals & Objectives list. 5. New Items Recommended by Staff for FY 11-12 • In the "Traffic Mitigation" category: Monitor state high speed and light rail proposals to ensure they do not adversely impact Diamond Bar. • In the "Other Items" category: Begin implementation of the approved Housing Element by completing necessary Development Code and General Plan amendments. Agenda # Study Sessi nn #2 cITr Meeting Date: 2pril 19, 2011 or mei CITY COUNCILMAGENDA REPORT 'URPow'- w TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Mana TITLE: Selection of Finish Material for tCiit Hall RECOMMENDATION: Approve. CITY HALL: In August 2010, the City contracted with LPA, Inc., an architectural firm, to provide design services for the City Hall and County Library project. Since that time, City staff has been working to complete the design and construction documents for City Hall. As part of that process, the City is required to provide the architect with direction as to the type of finishes (carpet, wood trim, paint, etc.) that should be included in the project. To help establish the type and style of the finish material for City Hall, the City created a committee of select employees representing various departments. The Committee worked with the architect over several weeks reviewing sample materials and colors, and has selected two different color palettes. The group identified a preferred palette as well as an alternate palette both of which will be presented to the Council at the study session. All of the finish materials included in the Committee's recommendation are within the project budget. However, staff would like to recommend the Council authorize the architect to include "add alternates" in the construction documents for some components of the finish material. For example, the staff would like to consider tile as part of the City Hall lobby for durability and ease of maintenance rather than carpet. The cost to purchase and install tile in the lobby/public counter area will most likely exceed the project budget for flooring material. By bidding it as an "add alternate" the contractors will provide a specific cost for this upgrade and the Council can determine, at the time of award of contract, if it would prefer tile over carpet for this area. This will be discussed in greater detail at the study session. LIBRARY Since the County is funding the new library's construction, it is appropriate for County .staff to determine the appropriate finish material for the facility. However, since the Library will be located within a City-owned and maintained building, City staff also participated in the selection of that material, meeting several times with the County Librarian to review sample materials and select a palette of finishes for inclusion in the project. The chosen palette will be presented to the Council by the architect later tonight. NEXT STEPS The architect is currently completing design. The City was provided with a 65% complete construction document set earlier this month and we are providing comments to the architect. This design set has also been provided to the City's Building and Safety Division for review and comment. In addition, we are working on the design of the fire sprinkler system that was approved by the Council on April Stn It is anticipated that the construction documents and specifications will be completed in May. The project will be bid in June and the Council will award the construction contract on July 5t". The construction of the City Hall portion of the project will be complete approximately 18-24 weeks after award of contract. 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S 1 {•rfFS ��1�� � ,� r i r a a e f a ,yr it a .-Hlyib }'rs+c � x } t• :� z'z r y 1 x x„ �� �bb'x �� l y,� '�- ��.rs '� w� t tx 4 <'r}1,�d� :t2 s yr x < t 'r" ✓� '.� �`v* `�"+� '� iia ,r a � 1�5" +h�ia t..�,a�"``�y �Sxi 4 t� .�€x�`.�F,��,tik�,{~ {�'mss t�,§h`� � xk,}d��"�`;�•"'� Agenda No. 6 . 1 MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR APRIL 5, 2011 CLOSED SESSION: 6:00 p.m., Room CC-8 Public Comment on Closed Session Agenda - None 00 Government Code Section 54956.9(c) — Conference with Legal Counsel — Initiation of Litigation —1 Case Closed Session recessed at 6:40 p.m. CALL TO ORDER: Mayor Tye called the Regular City Council meeting to order at 6:42 p.m. in The Government Center/SCAQMD Auditorium, 21865 Copley Dr., Diamond Bar, CA. CA/Jenkins reported that the City Council began tonight's meeting at 6:00 p.m. in Closed Session regarding a matter of potential initiation of litigation. No public comments were offered; however, due to the City Council not completing their discussion the City Council will return to Closed Session at the conclusion of the public portion of tonight's meeting. The City Council will postpone adjournment until its business is completed in Conference Room CC-8 at which time the meeting will officially be adjourned. PLEDGE OF ALLEGIANCE: Council Member Tanaka led the Pledge of Allegiance. INVOCATION: Pastor Jeanne Favreau-Sorvillo, Diamond Bar United Church of Christ, gave the invocation. ROLL CALL: Council Members Ron Everett, Carol Herrera, Jack Tanaka, Mayor Pro Tern Ling-Ling Chang and Mayor Steve Tye 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; Greg Gubman, Community Development Director; Ryan McLean, Asst. to City Manager; Rick Yee, Senior Civil Engineer; Kimberly Molina, Associate Engineer; Cecilia Arellano, PIO Coordinator; and Tommye Cribbins, City Clerk. APPROVAL OF AGENDA: As Presented. 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 On behalf of the City Council, C/Herrera proclaimed April 22, 2011 as "Arbor Day" and presented CSD/Rose with the Proclamation. 1.2 On behalf of the City Council, MPT/Chang proclaimed the week of April 10 through 16, 2011 as "SafetyBeltSafe U.S.A." M/Tye announced that the Proclamation would be mailed. APRIL 5, 2011 PAGE 2 CITY COUNCIL 1.3 CM/DeStefano and Captain Halm introduced Special Assignment Lt. Steve Katz who will serve at the D.B./Walnut Station replacing Lt. Joe Maxey who retired in March. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: None 3 . PUBLIC COMMENTS: Clark Rucker, representing the Walnut Valley Education Foundation, invited everyone to attend the 15th Annual Teddy Bear Tea on Saturday, April 30, 2011. The event includes tea and luncheon, silent and live auctions and raffle of Teddy Bears. The Event is from 10:00 a.m. until 2:00 p.m. at the Royal Vista Golf Course, 20055 East Colima Road, Walnut. Reservations are required and information is available on www.wvusd.ca.us or by calling Helene McDonald, Chairperson. Ryley Lee, representing "Bag Busters" for an environmental science class at DBHS asked the City Council to consider a potential ban on single-use plastic bags in D.B. Lindsey Hagmaier, Phoebe Doong, Bethany Sun, Sarah Virani, Frank Yu, Sai Tanna and Steve Chang, DBHS students, each spoke on behalf of"Bag Busters" and stated they too supported a ban on single-use plastic bags in D.B. They asked Council to adopt an ordinance similar to one recently adopted by the LA unincorporated areas which goes into effect in July 2011 banning single-use plastic bags. 4. RESPONSE TO PUBLIC COMMENTS: M/Tye stated that he was very encouraged by the students' involvement in a cause that they feel is important. He believes that is what brings about change and it is encouraging to see high school students become involved. If this was a class project these students deserve an "A" for their efforts. 5. SCHEDULE OF FUTURE EVENTS: 5.1 Diamond Bar Friends of the Library's 18th Annual Wine Soiree — April 10, 2011 — 4:00 p.m. — 7:00 p.m., Diamond Bar Center Ballroom, 1600 S. Grand Avenue. 5.2 Planning Commission Meeting — April 12, 2011 — 7:00 p.m., SCAQMD/Government Center Auditorium, 21865 Copley Drive. 5.3 Traffic and Transportation Commission Meeting — April 14, 2011 — 7:00 p.m., SCAQMD/Government Center Hearing Board Room, 21865 Copley Drive. APRIL 5, 2011 PAGE 3 CITY COUNCIL 5.4 22n, City Birthday Party—April 16, 2011 — 11:00 a.m. — 5:00 p.m., Pantera Park, 738 Pantera Drive (Rides open until 6:00 p.m.) 5.5 City Council Meeting — April 19, 2011 — 6:30 p.m., SCAQMD/Government Center Auditorium, 21865 Copley Drive. 5.6 Arbor Day Celebration — April 22, 2011 — 9:30 a.m., Pantera Elementary School, 801 Pantera Drive. 5.7 Annual Easter Egg Hunt and Pancake Breakfast April 23, 2011 — Breakfast at 8:30 and the Easter Egg Hunt at 10:00 a.m., Pantera Park, 738 Pantera Drive. 6. CONSENT CALENDAR: C/Herrera moved, C/Evereft 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 March 15, 2011 — Approved as submitted. 6.2 RECEIVED AND FILED PLANNING COMMISSION MINUTES — Regular Meeting of February 8, 2011. 6.3 RECEIVED AND FILED PARKS AND RECREATION COMMISSION MINUTES — Regular Meeting of February 24, 2011. 6.4 RATIFIED CHECK REGISTER — dated March 10, 2011 through March 30, 2011 totaling $929,436.78. 6.5 APPROVED TREASURER'S STATEMENT— Month of February 2011. 6.6 APPROVED NOTICE OF COMPLETION FOR THE 2010-2011 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) CURB RAMP INSTALLATION PROJECT IN THE VICINITY OF ADEL/GERNDAL, CALBOURNE, AND GOLDEN PRADOS NEIGHBORHOODS. 6.7 APPROVED DIAMOND BAR SEWER SYSTEM MANAGEMENT PLAN (SSMP) TO COMPLY WITH THE STATE WATER RESOURCES CONTROL BOARD GENERAL WASTE DISCHARGE REQUIREMENTS ORDER NO. 2006-0003. 6.8 ADOPTED RESOLUTION NO. 2011-10: APPROVING SUBMITTAL OF AN APPLICATION FOR A GRANT FROM STATEWIDE PARK PROGRAM GRANT FUNDS (PROPOSITION 84) FOR DEVELOPMENT APRIL 5, 2011 PAGE 4 CITY COUNCIL OF WASHINGTON STREET MINI-PARK. 6.9 AUTHORIZED AMENDMENT TO THE CONTRACT WITH LPA, INC. FOR FIRE SPRINKLER DESIGN CONSULTANT IN THE AMOUNT OF $40,000 FOR 21810 COPLEY DRIVE. 7. PUBLIC HEARINGS: 7.1 ADOPT ORDINANCE NO. 03A (2011): PURSUANT TO GOVERNMENT CODE SECTION 65858, EXTENDING INTERIM ORDINANCE NO. 03(2011) PROHIBITING THE ISSUANCE OF PERMITS FOR ESTABLISHMENT OF LAND USES ON THE SITE OF THE FORMER DIAMOND BAR HONDA DEALERSHIP AND ITS ADJACENT,PARCELS AT THE NORTHWEST CORNER OF THE SR60/GRAND AVENUE INTERCHANGE. CDD/Gubman reported that on March 1St the City Council adopted Ordinance No. 03(2011) placing a 45-day moratorium on the former Honda property to ensure that uses which failed to further the City's economic development goals are not established while the City prepares an appropriate land-use strategy for the site. Since the 45-day moratorium went into effect, staff has had discussions with the property owner as well as selecting Kaiser Marsden Associates to prepare a Market Opportunities Analysis for the property. To allow additional time to study this matter and then develop an appropriate land use strategy that may include an amendment to the zoning regulations applicable to the Honda property, staff recommends that the City Council extend the Urgency Ordinance for an additional 10-months, 15-days as permitted by Government Code § 65858. M/Tye opened the Public Hearing. With no one present who wished to speak, M/Tye closed the Public Hearing. C/Herrera moved, MPT/Chang seconded, to Adopt Ordinance No. 03A (2011). 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. COUNCIL CONSIDERATION: None APRIL 5, 2011 PAGE 5 CITY COUNCIL 9. COUNCIL SUBCOMMITTEE REPORTS/COUNCIL MEMBER COMMENTS: C/Tanaka thanked the Bag Buster class for their presentation. He attended the Pomona's Host Lion Club's 90th Annual Celebration. President Gilbert Morris from Los Angeles Host Lion's Club attended the event who hosted the Pomona Lion's Club 90 years ago. The Diamond Bar connection is that the Pomona Host Lion's Club hosted the Diamond Bar Breakfast Lions Club celebration 35 years ago. On Sunday he attended the 44th Annual Miss Diamond Bar Pageant. He congratulated 2011 Miss Diamond Bar Stephanie Turner and Princess's Cassie Amato, Sabrina Bawa, Sara Kashe and Rachel Scott. Saturday he attended the Aye Chihuahua Dog Walk at the Lorbeer Middle School track. On Tuesday the California Parks and Recreation Society District 13 held its Installation and Awards Dinner at the Diamond Bar Center. He congratulated staff member April Batson who was awarded a scholarship; the City was recognized for its "Going Green" Award; the D.B. Senior Citizens Club was recognized for its community service and Andee Tarazon was installed as the new 2011 Vice President for Dist. 13. C/Evereft spoke about his jury service. He stated that he enjoyed the Miss Diamond Bar Beauty Pageant and congratulated Stephanie Turner who served on the court last year. On Saturday he attended the Law Day Conference and Workshop held at the AQMD. He, M/Tye and their wives attended the benefits concert to raise money for the Diamond Bar Community Foundation during which groups from DBHS, DRHS and Pacific Crest Drum & Bugle Corp provided entertainment. He spoke about the Mt. SAC World Class Track Competition that is 26 years old and precedes the Mt. SAC relays which is 51 years old. The 53rd annual Mt. SAC relays will be held on April 14, 15 and 16 sponsored by the LA 84 Foundation dedicated to the development of youth sport. C/Everett commented that when he was first appointed to Council he received a letter of congratulations from Al Rumpilla who had encouraged him to remain open and available to the residents. C/Evereft spoke about Mr. Rumpilla's patriotism and advocacy, especially with respect to Diamond Ride and the City. His prayers go to Al's wife and children and said he was pleased to enjoy the legacy of a man who lived life well. C/Herrera said that the City is very sad at the passing of Al Rumpilla whom she has known for a number of years. Mr. Rumpilla was very proud of the things he stood for and the activities that he participated in. He was particularly proud that he was President of the Gadfly Association and would frequently attend Council Meetings along with other Gadfly Association members. He would stand at the microphone during meetings and asked very pointed questions about different items on the agenda while holding everyone accountable. Mr. Rumpilla was often referred to as a community leader and some referred to him as the "sixth" Council Member which pleased him greatly that he was given such great stature. Al was very ill in his last years and she requested that tonight's meeting be adjourned in memory of Al Rumpilla. C/Herrera went on to state that as the City's representative to Foothill Transit, she had previously spoken about the APRIL 5, 2011 PAGE 6 CITY COUNCIL Eco-liner bus with three currently running from the City of Pomona to Laverne and back. This bus is a finalist at the International Association of Public Transport Conference at the 59th Annual World Congress and Exhibition running from April 10 through April 14 with the awards ceremony being held in Dubai. Unfortunately, she cannot attend but if the bus wins the distinction she will be very proud to report that fact to her constituents. As she previously reported, Foothill Transit received a $10.2 million grant from the Federal Government to build more all-electric buses. C/Herrera stated that at the Metrolink station on Brea Canyon Road, in the City of Industry, Foothill Transit will participate with the City of Industry to build a five-story 500 space Park 'n Ride in the corner of the lot. In addition, Industry will build carports with rooftop solar panels in other sections of the parking lot that will generate energy for Edison as well as, provide charging stations for electric cars. Foothill is very proud of this effort to be more "green" and provide and promote participation in more public transportation which will in turn mean fewer cars on the road and cleaner air. MPT/Chang reminded everyone they can follow her activities on Twitter and Facebook. She too is deeply saddened about the passing of Al Rumpilla. She was able to meet with him prior to her election to the Council and Mr. Rumpilla offered her a lot of valuable advice. She congratulated C/Herrera on her appointment as the SCAG District 37 representative. She welcomed Lt. Steve Katz and knew he would do a great job for the City. She commended Bag Busters for a great presentation encouraging residents to use reusable bags and felt the option of creating a bag with used T-Shirts is the better option. The City has been very pro-active about going "green," and encourages recycling and for residents to be good stewards of the environment. M/Tye echoed sentiments of his colleagues who attended the Diamond Bar Community Foundation's Spotlight on the Arts on March 19. He imagined that in the near future the Sophia B. Clark Theater at Mt. SAC will not be big enough to hold that event. It is great to see the kids from DBHS and DRHS as well as, the young men and women of Pacific Crest perform and incredibly exciting to see the band directors and conductors who did a spectacular job. He congratulated Stephanie Turner on being named Miss Diamond Bar 2011. He welcomed Lt. Steve Katz. He hoped to see everyone on Sunday at the 18th Annual Friends of the Library Wine Soiree from 4:00 to 7:00 p.m. at the Diamond Bar Center. Every penny raised goes directly to,the Library that the City enjoys and everyone is hoping that the library will be downstairs from the new City Hall sometime this year. He hoped everyone looked forward to participating in the City's 22nd Birthday Celebration at Pantera Park on the following weekend. This weekend Northminster Presbyterian Church at Rancheria and Golden Springs will host an e-waste collection event. He thanked staff so much for putting together the flawless State of the City event. Tonight's meeting will be adjourned in memory of Al Rumpilla. With no further business to conduct, M/Tye recessed the Regular City Council meeting back to Closed Session at 7:58 p.m. APRIL 5, 2011 PAGE 7 CITY COUNCIL ADJOURNMENT: M/Tye reconvened the Regular Meeting at 8:34 p.m. in Room CC-8 where CA/Jenkins announced that the City Council voted unanimously to authorize initiation of litigation to secure appointment of a receiver to take charge of blighted property at 23937 Decorah Rd. With no further business to conduct, M/Tye adjourned the meeting at 8:36 p.m. in memory of resident Albert Rumpilla. TOMMYE CRIBBINS, CITY CLERK The foregoing minutes are hereby approved this day of , 2011. STEVE TYE, MAYOR Agenda # 6 2 Meeting Date:April 19, 2011 cT CITY COUNCIL r jVr�R , v AGENDA REPORT POR Z�SCJ TO: Honorable Mayor and Members of Te City Council FROM: James DeStefano, City Mana&e TITLE: Ratification of Check Register date March 31, 2011 through April 13, 2011 totaling $ 334,065.99. RECOMMENDATION: Ratify. FINANCIAL IMPACT: Expenditure of$ 334,065.99 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 March 31, 2011 through April 13, 2011 for $ 334,065.99 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.- David Doyle Assistant City Manager REVIEWED BY: Assistant City Manager Attachments: Affidavit and Check Register— 3/31/11 through 4/13/11. CITY OF DIAMOND BAR CHECK REGISTER AFFIDAVIT The attached listings of demands, invoices, and claims in the form of a check register including checks dated March 31, 2Q11 through April 13, 2011 has been audited and is certified as accurate. Payments have been allowed from the following funds in these amounts: Description Amount General Fund $316,421.39 Prop A-Transit Fund 10,058.60 Corn Dev Block Grant Fund 4,786.00 Capital Imp Projects Fund 2,800.00 $334,065.99 Signed: David Doyle Assistant City Manager City of Diamond Bar - Check Register 03/31/2011 thru 04/13/2011 Check Date Check Number Vendor Name Transaction Description Fund/Dept Acct# Amount Total Check Amount 3/31/2011 93693 JADVANTEC CONSULTING ENGINEERS INC INTMP DESIGN-W/CREEK RD 2505510 46412 2,800.001 $2,800.00 3/31/2011 93694 ALBERTSONS SUPPLIES-DB4 YOUTH 0015350 41200 23.54 $74.06 3(31/2011 1ALBERTSONS SUPPLIES-CITY B(DAY CELEB 0015350 42353 50.52 3/31/2011 93695 AND 1 OFFICIALS OFFICIAL SVCS-FEB 2011T0015350 015350 45300 1,680.00 $2,352.00 3/31/2011 AND 1 OFFICIALS OFFICIAL SVCS-MAR 2011 45300 672.04 3(31/2011 93696 AREA D MEMBERSHP DUES-10(11 0014440 42315 2,965.75 $2,965.75 3/31(2011 93697 JARROWHEAD EQ RENTAL-DBC 0015333 42130 12.06 $41.22 3/31/2011 ARROWHEAD SUPPLIES-WATER DBC 0015333 41200 29.16 3/31/2011 93698 ASCAP ILICENSE FEE-CONCERT PK 0015350 45305 1 616.75 $616.75 3/31(2011 1 93699 JAT&T MOBILITY ICELL CHRGS-CMGR 10014030 42125 1 53.091 $53.09 3/31/2011 93700 JBENIESYST 04/01/11-P/R DEDUCTIONS 1 001 21105 1 699.761 $699.76 3(31/2011 93701 KIM BURNETT RECREATION REFUND 001 1 34780 77.00 $77.00 3/31/2011 93702 CALIFORNIA COMMERCIAL LIGHTING SPPL SUPPLIES-REAGAN PK 1 0015340 1 41200 1 224.33 $224.33 3/31/2011 93703 LINA CHOI RECREATION REFUND 001 34760 20.00 $20.00 SU 3/31/2011 93704 CM SCHOOL SUPPLY PPLIES-TINY TOTS 0015350 41200 138.63 $138.63 3/31/2011 93705 COUNTY OF LOS ANGELES LIGHTASSESSMNT-SYC CYN 0015340 42210 39.00 $39.00 3/31/2011 93706 DAVID EVANS AND ASSOCIATES INC PROF.SVCS-FPL 2010-380 001 23010 317.00. $861.63 3(31/2011 DAVID EVANS AND ASSOCIATES INC PROF.SVCS-FPL 2005-166 001 23010 535.50 3/31/2011 DAVID EVANS AND ASSOCIATES INC PROF.SVCS-FPL 2009-377 001 23010 9.13 3131/2011 93707 DELTA DENTAL APR 2011-DENTAL PREMIUMS 001 21104 3,583.27 $3,583.27 3/3112011 93 108 IDIAMOND BAR/WALNUT YMCA ICHILD CARE SVCS-YMCA FEB 1 1255215 1 42355 1 2,656.00 $2,656.00 Page 1 City of Diamond Bar - Check Register 03/31/2011 thru 04/13/2011 Check Date Check Number Vendor Name Transaction Description Fund/Dept Acct# Amount Total Check Amount 3/31/2011 93709 JEEYE DIGITAL SECURITY ICOMP MAINT-I.T. 0014070 42205 9,394.291 $9,394.29 3/31!2011 93710 FRANCHISE TAX BOARD SLRY ATTCHMT-#548725692 001 21114 401.52 $401.52 3/M1/2011 1 93711 ORLANDO GARCIA RECREATION REFUND 1 001 34780 99.00 $99.00 3/31/2011 93712 GATEWAY CORPORATE CENTER ASSOC ASSOCIATION DUES-NEW C/HL 0014093 42210 1,785.00 $1,785.00 3/31/2011 93713 GOLDEN SPRINGS PLAZA LLC REFUND-EN 10-683 001 23012 636.14 $1,653.79 3/31/2011 GOLDEN SPRINGS PLAZA LLC REFUND-EN 10-700 001 23012 1,017.65 3/31/2011 93714 GOVIS LLC COMP MAINT-TRANSIT UPDATE 1125553 46235 1 3,990.00 $3,990.00 3/31/2011 93716 HALL&FOREMAN,INC. PROF.SVCS-EN 06-543 001 23012 187.50 $11,992.25 3/31/2011 HALL&FOREMAN,INC. ADMIN FEE-EN 06-543 001 23012 46.88 3/31/2011 HALL&FOREMAN,INC. ADMIN FEE-EN 06-543 001 34650 -46.88 3/31/2011 HALL&FOREMAN,INC. PROF.SVCS-EN 09-663 001 23012 57.50 3/31/2011 HALL&FOREMAN,INC. ADMIN FEE-EN 09-663 001 23012 14.38 3/31/2011 HALL&FOREMAN,INC. ADMIN FEE-EN 09-663 001 34650 -14.38 3/31/2011 HALL&FOREMAN,INC. PROF.SVCS-EN 11-722 001 23012 823.50 3/31/2011 HALL&FOREMAN,INC. ADMIN FEE-EN 11-722 001 23012 205.88 3/31/2011 HALL&FOREMAN,INC. ADMIN FEE-EN 11-722 001 34650 -205.88 3/31/2011 HALL&FOREMAN,INC. PROF.SVCS-EN 10-692 001 23012 920.00 3/31/2011 HALL&FOREMAN,INC. ADMIN FEE-EN 10-692 001 23012 230.00 3/31/2011 HALL&FOREMAN,INC. ADMIN FEE-EN 10-692 001 34650 -230.00 3/31/2011 HALL&FOREMAN,INC. PROF.SVCS-PLAN CHECK 0015551 R45223 1,465.32 3/31/2011 HALL&FOREMAN,INC. PROF.SVCS-INSPECTION 0015510 R45227 150.50 3/31/2011 HALL&FOREMAN,INC. PROF.SVCS-PLAN CHECK 0015510 R45227 111.61 3/31/2011 HALL&FOREMAN,INC. PROF.SVCS-PLAN CHECK 0015551 R45223 127.50 3/31/2011 HALL&FOREMAN,INC. PROF.SVCS-PLAN CHECK 0015551 R45223 127.50 3/31/2011 HALL&FOREMAN,INC. PROF.SVCS-PLAN CHECK 0015551 R45223 1,434.38 3/31/2011 HALL&FOREMAN,INC. PROF.SVCS-PLAN CHECK 0015551 R45223 2,217.23 3/31/2011 HALL&FOREMAN,INC. PROF.SVCS-PLAN CHECK 0015551 R45223 2,381.25 3/31/2011 HALL&FOREMAN,INC. PROF.SVCS-INSPECTION 0015510 R45227 219.19 3/31/2011 HALL&FOREMAN,INC. PROF.SVCS-INSPECTION 0015510 R45227 219.19 Page 2 City of Diamond Bar - Check Register 03/31/2011 thru 04/13/2011 Check Date Check Number Vendor Name Transaction Description Fund/Dept Acct# Amount Total Check Amount 3/3112011 93716... HALL&FOREMAN, INC. PROF.SVCS-INSPECTION 0015510 R45227 219.18 $11,992.25... 3/31/2011 HALL&FOREMAN, INC. PROF.SVCS-PLAN CHECK 0015551 45223 246.53 3/31/2011 HALL&FOREMAN, INC. PROF.SVCS-PLAN CHECK 0015551 45223 82.17 3/31/2011 HALL&FOREMAN, INC. PROF.SVCS-INSPECTION 0015551 45223 343.13 3/31/2011 HALL&FOREMAN,INC. PROF.SVCS-I NSPECTION 0015551 45223 343.12 3/31/2011 HALL&FOREMAN,INC. PROF.SVCS-PLAN CHECK 0015551 45223 105.31 3/31/2011 HALL&FOREMAN,INC. PROF.SVCS-PLAN CHECK 0015551 45223 210.64 3131/2011 93717 INLAND VALLEY HUMANE SOCIETY ANIMAL CONTROL-APR 2011 0014431 45403 9,065.00 $10,315.00 3/31/2011 JINLAND VALLEY HUMANE SOCIETY FACILITY ASSESSMENT-APR 0014431 45403 1,250.00 3/31/2011 93718 JENKINS&HOGIN,LLP LEGAL SVCS-FEB 2011 0014020 44020 4,201.69 $12,901.29 3/31/2011 JENKINS&HOGIN,LLP LEGAL SVGS-COM DEV FEB 0014020 44020 3,694.60 3/31/2011 JENKINS&HOGIN,LLP LEGAL SVGS-COM SVCS FEB 0014020 44020 509.60 3/31/2011 JENKINS&HOGIN,LLP LEGAL SVCS-P/WORKS FEB 0014020 44020 4,440.80 3/31/2011 JENKINS&HOGIN,LLP LEGAL SVCS-FINANCE FEB 0014020 44020 54.60 3/31/2011 1 93719 JOE A.GONSALVES&SON INC. LEGISLATIVE SVCS-APR 2011 0014030 440 3,000.00 00 $3,000.00 3/31/2011 93720 KWIK COVERS ITABLE COVERS-CITY B/DAY 0015350 42353 694.82 $694.82 3/31/2011 1 93721 LEAGUE OF CALIFORNIA CITIES GEN MTG-COUNCIL 0014010 42325 35.00 $35.00 3/31/2011 93722 LEIGHTON&ASSOCIATES, INC. PROF.SVCS-EN 11-724 001 23012 361.80 $2,840.30 3/31/2011 LEIGHTON&ASSOCIATES, INC. ADMIN FEE-EN 11-724 001 23012 65.12 3/31/2011 LEIGHTON&ASSOCIATES, INC. ADMIN FEE-EN 11-724 001 34650 -65.12 3/31/2011 LEIGHTON&ASSOCIATES, INC. PROF.SVCS-EN 10-690 001 23012 576.50 3/31/2011 LEIGHTON&ASSOCIATES, INC. ADMIN FEE-EN 10-690 001 23012 103.77 3/31/2011 LEIGHTON&ASSOCIATES, INC. ADMIN FEE-EN 10-690 001 34650 -103.77 3/31/2011 LEIGHTON&ASSOCIATES, INC. PROF.SVCS-EN 10-669 001 23012 1,325.50 3/31/2011 LEIGHTON&ASSOCIATES, INC. ADMIN FEE-EN 10-669 001 23012 238.59 3/31/2011 LEIGHTON&ASSOCIATES,INC. ADMIN FEE-EN 10-669 001 34650 -238.59 3/31/2011 LEIGHTON&ASSOCIATES, INC. PROF.SVCS-EN 10-684 001 23012 576.50 3/31/2011 LEIGHTON&ASSOCIATES, INC. ADMIN FEE-EN 10-684 001 23012 103.77 3/31/2011 LEIGHTON&ASSOCIATES, INC. ADMIN FEE-EN 10-684 001 34650 -103.77 Page 3 City of Diamond Bar - Check Register 03/31/2011 thru 04/13/2011 Check Date Check Number Vendor Name Transaction Description Fund/Dept Acct# Amount Total Check Amount 3/31/2011 1 93723 SHERI LIEBE CONTRACT CLASS-WINTER 0015350 45320 159.00 $159.00 3/31/2011 93724 LOS ANGELES COUNTY MTA CITY SUBSIDY-MAR 2011 1125553 45533 852.80 $4,264.00 3/31/2011 LOS ANGELES COUNTY MTA MTA PASSES-MAR 2011 1125553 45535 3,411.20 3/31/2011 93725 LOWE'S BUSINESS ACCOUNT SUPPLIES-PARKS 0015340 41200 89.08 $315.68 3/31/2011 LOWE'S BUSINESS ACCOUNT SUPPLIES-SYC CYN PK 0015340 41200 64.30 3/31/2011 LOWE'S BUSINESS ACCOUNT SUPPLIES-SYC CYN PK 0015340 41200 162.30 3/31/2011 1 93726 LPA INC ARCHITECTURAL SVCS-C/HALL 0014093 44000 17,852.29 $32,146.39 3/31/2011 LPA INC ARCHITECTURAL SVC-LIBRARY 0014093 44000 14,294.10 3/31/2011 93727 NINYO&MOORE INC ADMIN FEE-EN 10-698 001 23012 96.84 $538.00 3/31/2011 NINYO&MOORE INC ADMIN FEE-EN 10-698 001 34650 -96.84 3/31/2011 NINYO&MOORE INC PROF.SVCS-EN 10-698 001 23012 538.00 3/31/2011 93728 PACIFIC OUTDOOR LIVING REFUND-EN 10-711 001 23012 500.00 $500.00 3/31/2011 93729 PERS RETIREMENT FUND RETIRE CONTRIB-ER 001 21109 15,311.70 $26,371.37 3/31/2011 PERS RETIREMENT FUND RETIRE CONTRIB-EE' 001 21109 11,013.17 3/31/2011 PERS RETIREMENT FUND SURVIVOR BENEFIT 001 21109 46.50 3/31/2011 1 93730 POMONA UNIFIED SCHOOL DISTRICT FACILITY RENTAL-JAN-FEB 0015350 1 42140 6,384.00 $6,384.00 3/31/2011 1 93731 REGIONAL CHAMBER OF COMMERCE CONTRACT SVCS-APR 11 0014096 1 45000 1 1,000.00 $1,000.00 3/31/2011 93732 IREINBERGER PRINTWERKS PRINT SUPPLIES-BUS CARDS 0014095 42110 214.01 $637.65 3/31/2011 REINBERGER PRINTWERKS PRINT SVCS-ENVELOPES 0014090 42110 423.64 3/31/2011 1 93733 DAVID A ROBERTO REIMB-CPRS CONF 0015310 1 42330 565.121 $565.12 3131/2011 93734 SO CAL SANITATION EQ RENTAL-WINTER S/FEST 0015350 45300 685.73 $685.73 3/31/2011 1 93735 SOUTHERN CALIFORNIA EDISON ELECT SVCS-TR CONTROL 0015510 1 42126 529.62 $3,260.09 3/31/2011 SOUTHERN CALIFORNIA EDISON ELECT SVCS-TR CONTROL 0015510 42126 2,339.75 Page 4 City of Diamond Bar - Check Register 03/31/2011 thru 04/13/2011 Check Date Check Number Vendor Name Transaction Description Fund/Dept Acct# Amount Total Check Amount 3/31/2011 93735... SOUTHERN CALIFORNIA EDISON ELECT SVCS-TR CONTROL 0015510 42126 236.31 $3,260.09... 3/31/2011 SOUTHERN CALIFORNIA EDISON ELECT SVCS-TR CONTROL 0015510 42126 154.41 3/31/2011 1 93736 SOUTHERN CALIFORNIA MUNICIPAL CONTRACT CLASS-WINTER 1 0015350 1 45320 1 606.401 $606.40 3/31/2011 93737 ISPARKLETTS WATER SUPPLIES-CITY HALL 0014090 41200 204.18 $214.93 3/31/2011 SPARKLETTS EQ RENTAL-FEB/MAR 2011 0014090 42130 10.75 3/31/2011 93738 STANDARD INSURANCE OF OREGON APR 11-LIFE INS PREMS 001 21106 1,131.61 $3,234.37 3/31/2011 STANDARD INSURANCE OF OREGON APR 11-SUPP LIFE INS PREM 001 21106 _ 288.00 3/31/2011 STANDARD INSURANCE OF OREGON APR 11-STD/LTD 001 21112 1,814.76 3/31/2011 93739 THE GAS COMPANY GAS SVCS-HRTG COMM CTR 0015340 42126 133.99 $1,366.70 3/31/2011 THE GAS COMPANY GAS SVCS-DBC 0015333 42126 1,232.71 3/31/2011 93740 THE SAUCE CREATIVE SERVICES SHIRTS-CITY B/DAY CELEB 0015350 42353 877.36 $1,096.86 3/31/2011 THE SAUCE CREATIVE SERVICES BANNERS-CITY BIDAY CELEB 0015350 42353 219.50 3/31/2011 93741 TIME WARNER MODEM SVCS-COUNCIL 0014010 42130 1 50.991 $50.99 3/31/2011 93742 TNT PRINTING 1PRINT SVCS-COMM SVCS 0015350 1 42110 1 475.24 $475.24 3/31!2011 93743 UNION BANK OF CALIFORNIA LOC FEES-DBC DEC-MAR 11 0014090 42129 15,538.08 $15,538.08 3!31/201193744 US HEALTHWORKS MEDICAL GROUP PC PRE-EMPLOYMENT PHYSICAL 1 0014060 1 42345 1 640.00 $640.00 3(31/2011 93745 VANTAGEPOINTTRNSFRAGNTS-303248 F4/1/11 DEDUCTIONS 1 001 1 21108 1 26,947.44 $26,947.44 3/3112011 93746 WALNUT VALLEY UNIFIED SCHOOL DIST FACILITY RENTAL-DEC 2010 0015350 42140 357.00 $19,845.00 3/31(2011 WALNUT VALLEY UNIFIED SCHOOL DIST FACILITY RENTAL-SEPT-DEC 0015350 42140 7,140.00 3/31/2011 WALNUT VALLEY UNIFIED SCHOOL DIST FACILITY RENTAL-SEPT-DEC 0015350 42140 12,348.00 3/31/2011 93747 WINZLER&KELLY ADMIN FEE-EN 08-608 001 23012 503.50 $5,035.00 3/31/2011 WINZLER&KELLY ADMIN FEE-EN 08-608 001 34650 -503.50 3/31/2011 WINZLER&KELLY PROF.SVCS-EN 08-608 001 23012 5,035.00 Page 5 City of Diamond Bar - Check Register 03/31/2011 thru 04/13/2011 Check Date Check Number Vendor Name Transaction Description Fund/Dept Acct# Amount Total Check Amount 3/3112011 93748 PAUL WRIGHT AIV SVCS-CNCL,PLN,P&R 0014090 1 44000 1 500.001 $500.00 4/7/2011 1 93749 JADVANCED ELECTRONICS INC JSPCL EVENT RADIOS 1 0015350 1 41200 1 106.78 $106.78 4/7/2011 93750 ALL CITY MANAGEMENT SERVICES ICROSSING GUARD SVCS 1 0014411 1 45410 1 6,522.901 $6,522.90 4/7/2011 1 93751 JALLIANT INSURANCE SERVICES INC SPCL EVENT INSUR 001 23004 8,173.02 $8,564.39 4/7/2011 ALLIANT INSURANCE SERVICES INC SPCL INSUR-EASTER 0015350 45300 391.37 4/7/2011 1 93752 JAMERICOMP GROUP INC SUPPLIES-TONER 0014070 41200 651.87 $651.87 4/7/2011 1 93753 APRIL I BATSON CPRS CONF-A.BATSON 0015350 1 42330 1 70.571 $70.57 4/7/2011 93754 JAT&T MOBILITY CELL CHRGS-POOL VEH 0014090 42125 11.07 $22.14 4/7/2011 AT&T MOBILITY CELL CHRGS-POOL VEH 0014090 42125 11.07 4/7/2011 1 93755 BILL'S AUTO UPHOLSTERY SEAT REPAIR-FORD 0015310 1 42200 1 240.00 $240.00 4/7/2011 1 93756 ICOMLOCK SECURITY GROUP ILOCKS SVCS 0015333 1 41200 1 200.961 $200.96 4/7/2011 1 93757 PARKS&RECREATION COMMISSIONERS --Tp-&R COMM-03/24111 0015350 1 44100 1 225.00 $225.00 4/712011 93758 ICOUNTRY GARDEN CATERERS INC CATERING/RENTAL SVCS 1 0014095 1 44000 1 3,128.84 $3,128.84 4/7/2011 1 93759 CRYSTAL KNOX JCPRS CONF-C KNOX 1 0015350 1 42330 1 25.92 $25.92 4/7/2011 93760 DELTA CARE USA DENTAL PREM-APR 11 001 21104 263.44 $263.44 4/712011 1 93761 CAROL DENNIS PROF SVCS-P&R COMM 1 0015310 1 44000 1 100.00 $100.00 4/7/2011 93762 DFS FLOORING CORP MAINT CARPET-DBC 0015333 42210 1,085.00 $1,855.00 4/7/2011 DFS FLOORING CORP MAINT CARPET-HERITAGE 0015340 42210 385.00 4/7/2011 DFS FLOORING CORP MAINT CARPET-TINY 0015340 42210 385.00 4/7/2011 93763 DOGGIE WALK BAGS INC IDOG DISP BADS-PARKS 1 0015340 1 41200 1 1,699.53 $1,699.53 4/7/2011 1 93764 FRED DURAN DB YOUTH ACTION NIGHT 1 0015350 1 45300 1 250.001 $250.00 Page 6 City of Diamond Bar - Check Register 03/31/2011 thru 04/13/2011 Check Date Check Number Vendor Name Transaction Description Fund/Dept Acct# Amount I Total Check Amount 4!7!2011 1 93765 ELITE CONSTRUCTION HIP-23811 GLDN SPRINGS 1255215 44000 1,500.00 $1,500.00 4/7/2011 93766 EVERGREEN INTERIORS MAINT PLANTS-C/HALL 0014090 42210 230.00 $649.00 4/7!2011 EVERGREEN INTERIORS MAINT PLANTS-LIBRARY 0014090 42210 107.00 4/7/2011 EVERGREEN INTERIORS PLANT SVCS-DBC 0015333 45300 177.00 4/7!2011 EVERGREEN INTERIORS PLANT SVCS-HERITAGE 0015340 42210 135.00 4/7/2011 1 93767 1EXTERMINETICS OF SO CAL INC PEST CONTROL-DBC 0015333 45300 115.00 $235.00 4/7/2011 EXTERMINETICS OF SO CAL INC PEST CONTROL-PARKS 0015340 42210 120.00 4/7/2011 1 93768 FIELDMAN ROLAPP&ASSOCIATES INC IPROF SVCS-NEW C/HALL 0014090 1 R44000 3,982.00 $3,982.00 47/2011 1 93769 FUN EXPRESS SUPPLIES-CITY B-DAY 0015350 1 42353 1 1,873.54 $1,873.54 417/2011 93770 INLAND EMPIRE STAGES SR.EXCUR-SAN DIEGO 1125350 45310 525.60 $4,652.50 4/7/2011 INLAND EMPIRE STAGES SR.EXCUR-INDIO 1125350 45310 1,279.00 4/7/2011 INLAND EMPIRE STAGES SR EXCUR-SAN DIEGO 0015350 45310 2,205.00 4!7/2011 INLAND EMPIRE STAGES SR EXCUR-SAN DIEGO 0015350 45310 642.90 4/7!2011 1 93771 J P NOLAN CO JELEC SUPPLIES-CITY B/DAY 1 0015350 1 42353 1 1,302.961 $1,302.96 47/2011 1 93772 JACKIE CRUZ ICLEANING REFUND 1 001 1 23002 1 200.001 $200.00 4712011 1 93773 JAYME HURTADO CLEANING REFUND 1 001 1 23002 1 100.00 $100.00 47/2011 1 93774 JUST TIRES MAINT-FORD TRUCK 0015310 1 42200 589.55 $625.25 47/2011 JUST TIRES MAINT-FORD TRUCK 0015310 42200 35.70 47/2011 1 93775 KEVIN NGUYEN REFUND-CANCELLTN 001 1 34720 1 100.001 $100.00 47/2011 1 93776 ILEAD TECH ENVIRONMENTAL LEAD SCRN-311 WILLAPA 1255215 1 44000 1 630.00 $630.00 47/2011 1 93777 LOS ANGELES COUNTY PUBLIC WORKS ISUMP PUMP MAINT 0015340 1 42210 1 2,385.211 $2,385.21 47!2011 93778 MOBILE RELAY ASSOCIATES INC REPEATER SVCS-APR 11 0014440 42130 78.75 $78.75 Page 7 City of Diamond Bar Check Register 03/31/2011 thru 04/13/2011 Check Date Check Number Vendor Name Transaction Description Fund/Dept Acct# Amount Total Check Amount 4/7/2011 93779 NORTH AMERICAN AMUSEMENTS INC RIDES-CITY B/DAY CELE 0015350 . 42353 22,230.00 $22,230.00 47/2011 93780 PAETEC COMMUNICATIONS INC. LONG DIST SVCS-FEB/MAR 1 0014090 42125_1 838.80 $838.80 4/7/2011 1 93781 PARTITION SPECIALITES INC JOPERABLE WALL SVCS-DBC 0015333 1 42210 1 991.00 $991.00 4/7/2011 93782 PROTECTION ONE INC ALARM SVCS-DBC 0015333 1 42210 1 56.78 $156.56 4/7/2011 PROTECTION ONE INC JALARM SVCS-HERITAGE _ 0015340 42210 99.78 4/7/2011 93783 RICK B YEE PWI CONF-R.YEE 0015510 1 42330 1 429.791 $429.79 4/7/2011 93784 SIMPSON ADVERTISING INC PRINTING SVCS 0014095 44000 85.59 $2,582.29 4/7/2011 SIMPSON ADVERTISING INC ART DESIGN SVCS 0014095 44000 274.38 4/7/2011 SIMPSON ADVERTISING INC PRINTING SVCS 0014096 R44000 172.32 417!2011 SIMPSON ADVERTISING INC AD SVCS-CITY NEWS APR 0014095 44000 2,050.00 4/7/2011 93785 SMART&FINAL SUPPLIES-SR BINGO 0015350 41200 228.78 $527.51 4/712011 SMART&FINAL SUPP-SPRG GRADUATN 0015350 41200 298.73 4/7/2011 1 93786 IWANDA TANAKA SUPPLIES-EASTER HUNT 0015350 41200 160.51 $160.51 4/7/2011 1 93787 THE SAUCE CREATIVE SERVICES SUPPLIES-CITY B/DAY CELEB 1 0015350 1 42353 1 1,161.471 $1,161.47 4/7/2011 1 93788 TIME WARNER MODEM SVCS-COUNCIL 1 0014010 1 42130 1 50.99 $50.99 4/7/2011 1 93789 TNT PRINTING PRINT SVCS-COMM SVCS 0015350 1 42110 1 325.02 $325.02 4/7/2011 93790 VERMONT SYSTEMS INC RECTRAC MEETING 0015350 42325 1 25.00 $25.00 4/7/2011 93791 WALNUT VALLEY UNIFIED SCHOOL DIST RENTAL-ADULT BASKETBALL 0015350 42140 1 2,436.00 $2,436.00 4/7/2011 93792 WAXIE SANITARY SUPPLY SUPPLIES-DBC 0015333 41200 72.14 $1,589.96 417!2011 WAXIE SANITARY SUPPLY SUPPLIES-DBC 0015333 41200 1,517.82 4/7/2011 1 93793 IWEST COAST MEDIA JADV SVCS-CITY B-DAY 0014095 1 42115 1 700.001 $700.00 3/31/2011 1 W/T0331 JUNION BANK OF CALIFORNIA,NA LEASE PAYMENT-DBC APR 11 1 0014090 1 42140 1 28,936.75 $28,936.75 Page 8 City of Diamond Bar - Check Register 03/31/2011 thru 04/13/2011 Check Date Check Number Vendor Name Transaction Description Fund/Dept Acct# Amount Total Check Amount $334,065.99 Page 9 Agenda # 7 . 1 Meeting Date: April 19, 2011 CITY COUNCIL AGENDA REPORT 1959 TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Man TITLE: 2008-2014 Housing Element pdate (General Plan Amendment No. PL 2011-43) RECOMMENDATION: Adopt Resolution No. 2011-XX. OVERVIEW: Under state law, Diamond Bar is required to update its General Plan Housing Element for the 2008-2014 planning period. A preliminary Draft Housing Element was prepared by staff and reviewed by the Planning Commission and City Council during 2008-09. Following the Commission and Council's review, the Draft Housing Element was submitted to the California Department of Housing and Community Development (HCD). After a series of discussions between City staff and HCD, and revisions to the draft element, HCD issued a letter on January 18, 2011, stating that the draft element addresses all statutory requirements. On March 22, 2011, the Planning Commission conducted a public hearing and approved a resolution recommending City Council adoption of the Housing Element. No public comments were submitted at the Planning Commission hearing. City Council adoption of the Housing Element is necessary in order to receive final certification from HCD. It is recommended that the City Council adopt the attached Resolution (Attachment 1) approving the 2008-2014 Housing Element. BACKGROUND: The Housing Element is one of the seven mandated elements of the General Plan, and establishes goals, policies, and programs related to improving and expanding the City's housing supply for all economic segments of the community. Every city and county in California is required by state law to update its Housing Element periodically. The law also requires that the Housing Element be reviewed by the California Department of Housing and Community Development ("HCD") and that HCD provide its findings to the local agency. The Housing Element includes the following topics: • An analysis of the City's demographic and housing characteristics and trends, and an evaluation of the nature and extent of specific housing needs within the City; • A review of resources and opportunities related to the development and improvement of housing, especially housing that is affordable to lower-income households; • An examination of potential constraints affecting the construction of new housing units, and the maintenance and improvement of the City's existing housing stock, including market mechanisms, government programs and regulations, and infrastructure constraints; and • A Housing Plan that establishes programs and strategies to achieve the City's housing goals through 2014. A key component of the Housing Element update process is the identification of housing needs due to projected population growth during the 2008-2014 planning period. This process is known as the Regional Housing Needs Assessment ("RHNA"). The Southern California Association of Governments (SCAG) has the responsibility for determining the number of new housing units needed to accommodate projected population growth for each city and county in the region. Diamond Bar's share of the region's growth need was identified as 1,090 new housing units distributed among the following income categories: Regional Housing Growth Needs 2008-2014 City of Diamond Bar Very I Above Low Low Moderate Moderate Total 284 179 188 440 1,090 Source:SCAG 2007 The RHNA is a planning target, not a development quota. As part of the Housing Element update, each city is required to analyze the potential development capacity of vacant or underutilized sites and identify an "inventory" of parcels at appropriate densities that could accommodate the RHNA allocation for new housing units. As discussed in more detail below, the Housing Element's analysis of potential development sites concluded that there is currently insufficient capacity to accommodate the City's RHNA allocation in the very low and low categories. As a result, the City is required to create additional opportunities for affordable housing through a rezoning program. State law recognizes that cities generally do not build housing, and while cities are not required to achieve their RHNA targets, they are 2008-2014 HOUSING ELEMENT UPDATE PAGE 2 required to rezone land if there is not adequate capacity to accommodate the number and type of housing units allocated in the RHNA. HOUSING ELEMENT REVIEW BY HCD: State law' mandates that cities submit draft Housing Elements to HCD prior to adoption, and requires HCD to determine whether the draft element substantially complies with the requirements of state law. This requirement is unique to the Housing Element of the General Plan in that no other general plan element is subject to such a determination by an external agency. Prior to adoption of the draft Housing Element, the Planning Commission and City Council must consider HCD's findings. A finding of substantial compliance by HCD is referred to as Housing Element "certification." Certification is important in order to preserve local land use control, avoid a "carryover" of housing needs into the next planning period, and maintain eligibility for certain grant funding programs. The first draft of the Diamond Bar Housing Element was submitted to HCD on September 19, 2008, and the first HCD review letter was received on October 21, 2008 (Attachment 2). A revised draft Housing Element responding to HCD comments was prepared and submitted to HCD on June 1, 2009, and the second HCD review letter was received on August 4, 2009 (Attachment 3). Following additional revisions, a third draft Housing Element was submitted to HCD on May 24, 2010, and on July 22, 2010, the third HCD review letter was received (Attachment 4). Additional revisions were made to address remaining HCD comments and a fourth draft Housing Element was submitted to HCD on November 19, 2010. On January 18, 2011, the fourth HCD review letter (Attachment 5) was received stating that the draft element addresses the requirements of state law. As is the case with most jurisdictions, the key issue in obtaining HCD approval was demonstrating that adequate sites will be made available to accommodate the City's RHNA allocation. Diamond Bar's RHNA for lower-income households in the 2008-2014 forecast period is 466 un itS2. Under state law, a density of at least 30 units per acre is considered necessary to facilitate development of affordable housing in metropolitan areas. Therefore, a total of 15.6 acres of land is needed at a density of 30 units per acre to accommodate the lower-income RHNA. Since there are currently no potential residential development sites allowing this density, at least 15.6 acres of land must be rezoned to allow multi-family development at 30 units per acre. HOUSING ELEMENT IMPLEMENTATION ACTIONS: The Draft Housing Element (Appendix B, Table B-2 on p. B-5) identifies potential sites for rezoning to meet the City's needs. These sites are located in Planning Area 1 of the 1 California Government Code Section 65585 2 In addition to 463 units identified in the RHNA, 3 lower-income units were assigned as part of an annexation agreement between Diamond Bar and the County of Los Angeles that included a RHNA transfer of 8 units (Annexation 2007-20). 2008-2014 HOUSING ELEMENT UPDATE PAGE 3 Tres Hermanos Specific Plan, near Diamond Ranch High School (see Figure B-2 on p. B-6). The total area of the parcels from which the potential rezoning sites would be selected is approximately 112 acres. Program 9 (Chapter V, p. V-8) contains a commitment to rezone at least 15.6 acres in order to accommodate a minimum of 466 multi-family housing units with a density of 30 units/acre. It is important to note that the Housing Element itself would not change any zoning or General Plan land use designations. Following adoption of the Housing Element, the City will initiate the environmental studies needed to assist the Planning Commission and City Council in identifying the appropriate sites to be rezoned. Those zone changes will be subject to review by the Planning Commission and City Council at public hearings, including thorough CEQA review. In addition to the zone changes noted above, other implementation actions would also require subsequent review and approval by the Planning Commission and City Council, including Municipal Code amendments in the following areas: • Allow emergency shelters in the RM District subject to appropriate development standards (Program 12, p. V-10) Clarify that transitional / supportive housing is a residential use subject to the same development standards and procedures as other residential uses of the same type in the same zone (Program 12, p. V-10) • Amend the City's density bonus regulations in conformance with state law (Program 14, p. V-11) • Establish procedures for reviewing requests for reasonable accommodation by persons with disabilities (Program 17, p. V-13)3 COMPLIANCE WITH CEQA: CEQA review of the Housing Element addressed policies and programs intended to preserve and improve the existing housing stock, address special needs, and accommodate the City's fair share of regional growth needs. Some Housing Element implementation actions such as site-specific zone changes (Program 9) will require additional analysis prior to selection of the sites to be rezoned, therefore, detailed analysis of the environmental impacts that would result from those zone changes would be speculative at this time. A subsequent CEQA review process will be conducted as part of the selection of appropriate sites for rezoning. No zoning designations would be changed by adoption of the Housing Element. A Draft Initial Study/Negative Declaration for the proposed Draft Housing Element was prepared and posted for 30-day public review on February 18, 2011. The Draft 3 The City Council adopted Ordinance No. 3(2010)on May 18, 2010, which establishes procedures for considering and granting reasonable accommodation requests. 2008-2014 HOUSING ELEMENT UPDATE PAGE 4 Negative Declaration concluded that the adoption of the Housing Element would not have a significant effect on the environment. One comment letter on the Draft IS/ND was received from Caltrans (Attachment 6). In its letter, Caltrans requested that the City provide the opportunity to review subsequent Housing Element implementation projects such as zone changes. No other comments on the Negative Declaration were. received. PUBLIC NOTICE: On April 8, 2011, a Notice of Public Hearing was published in the Inland Valley Daily Bulletin and San Gabriel Valley Tribune newspapers, and was also posted at City's three designating posting sites. In addition, the Draft Housing Element and Initial Study/Negative Declaration were posted on the City's website on February 18, 2011, and will remain posted online throughout the Planning Commission and City Council hearing process. Hardcopies of these documents were previously forwarded to the City Council, and are available for review at City Hall. Prepared by: Greg Gubman, AICP Community Development Director Attachments: 1. Draft Resolution 2. HCD Review Letter dated October 21, 2008 3. HCD Review Letter dated August 4, 2009 4. HCD Review Letter dated July 22, 2010 5. HCD Review Letter dated January 18, 2011 6. Negative Declaration comment letter from Caltrans dated March 14, 2011 2008-2014 HOUSING ELEMENT UPDATE PAGE 5 CITY COUNCIL RESOLUTION NO. 2011- A 011-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ADOPTING THE 2008-2014 HOUSING ELEMENT UPDATE (GENERAL PLAN AMENDMENT NO. PL 2011-43) A. RECITALS 1 On July 25, 1995, the City of Diamond Bar adopted its General Plan. The General Plan establishes goals, objectives and strategies to implement the community's vision for its future, and has been amended from time to time as necessary to reflect changed circumstances, laws or City policies. 2. State law requires all jurisdictions within the Southern California Association of Governments (SCAG) region to update the Housing Elements of their General Plans for the 2008-2014 planning period. 3. On May 27, 2008, and April 28, 2009, the Planning Commission held duly noticed public meetings to review issues to be addressed in the 2008- 2014 Housing Element update. 4. As required by state law, the Draft 2008-2014 Housing Element was submitted to the California Department of Housing and Community Development (HCD) for review, and in its letter of January 18, 2011, HCD determined that the Draft Housing Element addresses the statutory requirements and will comply with state housing law when adopted. 5. An Initial Study/Negative Declaration (IS/ND) was prepared for the proposed Housing Element update in accordance with the requirements of the California Environmental Quality Act (CEQA). The IS/ND concluded that the proposed Housing Element update will not have a significant effect on the environment. The public review period for the IS/ND commenced on February 18, 2011, and concluded on March 22, 2011, and was duly advertised in conjunction with the public hearing notification. 6. Pursuant to Fish and Game Code Section 711.4(c), the Draft Initial Study/Negative Declaration for the proposed Housing Element update was transmitted to the California Department of Fish and Game (DFG) for review. On March 14, 2011, DFG issued a determination that the Housing Element update has no potential effect on fish, wildlife or habitat. 7. On March 22, 2011, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing to consider General Plan City Council Resolution No.2011-XX Amendment No. PL2011-043 and the related Negative Declaration, solicited testimony from all interested individuals, concluded the hearing, and adopted Planning Commission Resolution No. 2011-05 recommending that the City Council adopt said General Plan Amendment and Negative Declaration. 8. On April 19, 2011, the City Council conducted a duly noticed public hearing to consider General Plan Amendment No. PL2011-043 and the related Initial Study/Negative Declaration. 9. The 1995 General Plan remains properly integrated and internally consistent as required by California Government Code Section 65300.5. 10. Pursuant to Government Code Section 65090 and 65353, notification of the public hearing for this project was published in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers on February 18, 2011, in a one-eighth page legal advertisement. Also, three, other public places were posted. 11. All legal prerequisites to the adoption of this resolution have occurred. B. RESOLUTION. NOW, THEREFORE, it is hereby found, determined and resolved by the City Council of the City of Diamond Bar, as follows: 1. The City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The City Council hereby finds that the Initial Study/Negative Declaration (IS/ND) prepared for the proposed 2008-2014 Housing Element adequately addresses the requirements of CEQA. The IS/ND reflects the independent judgment of the City Council. 3. The City Council hereby specifically finds and determines that, having considered the record as a whole including the findings set forth herein, there is no evidence before the City Council that General Plan Amendment No. PL2011-043 will have the potential of an adverse effect on wildlife resources or the habitat upon which the wildlife depends. Based upon substantial evidence, the City Council hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. 4. The City Council, after due consideration of public testimony, staff analysis and the Council's deliberations, has determined that General Plan Amendment No. PL2011-043 for the 2008-2014 Housing Element, City Council Resolution No.2011-XX 2 attached hereto as Exhibit "A" and incorporated by reference into this Resolution, implements the goals of the City and satisfies all of the requirements of state law. 5. The City Council hereby adopts General Plan Amendment No. PL 2011- 043 for the City of Diamond Bar, attached hereto as Exhibit "A" and incorporated herein by reference. 6. The City Council finds and determines that General Plan Amendment No. PL2011-043 is consistent and compatible with and implements the goals, objectives and strategies of the City of Diamond Bar General Plan. The City Clerk shall: (a) Certify as to the adoption of this Resolution; and (b) Distribute copies of the 2008-2014 Housing Element of the General Plan of the City of Diamond Bar as set forth in Section 65357 of the California Government Code. PASSED, APPROVED AND ADOPTED THIS 19TH DAY OF APRIL, 2011, BY THE CITY COUNCIL COMMISSION OF THE CITY OF DIAMOND BAR. BY: Steve Tye, Mayor 1, Tommye Cribbins, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the City Council of the City of Diamond Bar, at a regular meeting of the City Council held on the 19th day of April 2011, by the following vote: AYES: Council Member: NOES: Council Member: ABSTAIN: Council Member: ABSENT: Council Member: ATTEST: Tommye Cribbins, City Clerk City of Diamond Bar City Council Resolution No.2011-XX 3 $TATE OF CALIFORNIA BUSINESS TRANSPORTATION AND HOUSING AGENCY ARNOLD SCHWARZENEGGER Governor DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT DIVISION OF HOUSING POLICY DEVELOPMENT , 1800 Third Street,Suite 430 c � P.O.Box 952053 Sacramento,CA 94252-2053 (916)323-3177/FAX(916)327-2643 www.hcd.ca.gov October 21, 2008 Mr. Greg Gubman Assistant Community Development Director City of Diamond Bar 21825 Copley Drive Diamond Bar, CA 91765 Dear Mr. Gubman: RE: Review of the City of Diamond Bar's Draft Housing Element Thank you for submitting Diamond Bar's housing element received for the Department's review on September 19, 2008. The Department is required to review draft housing elements and report the findings to the locality pursuant to Government Code Section 65585(b). A telephone conversation with you and Mr. John Douglas, the City's consultant, facilitated the review. The draft element addresses many statutory requirements; however, revisions will be necessary to comply with State housing element law (Article 10.6 of the Government Code). In particular, the element should include analyses of the adequacy of identified sites to accommodate the regional housing need for lower-income households and revise programs to address identified housing needs. The enclosed Appendix describes these and other revisions needed to comply with State housing element law. The Department hopes these comments are helpful and would be happy to arrange a meeting in either Diamond Bar or Sacramento to provide any assistance needed to facilitate your efforts to bring the element into compliance. If you have any questions or would like assistance, please contact James Johnson, of our staff, at (916) 323-7271. Sincerely, Cathy E. Creswell Deputy Director Enclosure cc: David Doyle, Assistant City Manager John Douglas, Consultant, Conexus APPENDIX CITY OF DIAMOND BAR The following changes would bring Diamond Bar's housing element into compliance with Article 10.6 of the Government Code. Accompanying each recommended change, we cite the supporting section of the Government Code. Housing element technical assistance information is available on the Department's website at www.hcd.ca..qov/hpd. Refer to the Division of Housing Policy Development and the section pertaining to State Housing Planning. Among other resources, the Housing Element section contains the Department's latest technical assistance tool Building Blocks for Effective Housing Elements (Building Blocks) available at hftp://www.hcd.ca.gov/hr)d/housing element/index.html, the Department's publication, Housing Element Questions and Answers (Qs & As), and the Government Code addressing State housing element law and other resources. A. Housing Needs, Resources, and Constraints 1. Include an analysis and documentation of household characteristics, including /eve/of payment compared to ability to pay, housing characteristics, including overcrowding, and housing stock condition (Section 65583(a)(2)). While the element provides information on lower-income households overpaying, it should also include information on all households overpaying in Diamond Bar. In addition, given the extent of overpayment for lower-income renters, the element should include a.specific analysis of the needs and resources available for these households. For your information, CHAS Data indicates 3,061 (38.7 percent) renters and 14,604 (34.1 percent) owners are overpaying in Diamond Bar. 2. Include an inventory of land suitable for residential development, including vacant sites and sites having the potential for redevelopment, and an analysis of the relationship of zoning and public facilities and services to these sites (Section 65583(a)(3)). The inventory of land suitable for residential development shall be used to identify sites that can be developed for housing within the planning period (Section 65583.2). Diamond Bar has a regional housing need allocation (RHNA) of 1090 units with 284 units allocated for lower-income households. The element must include parcel specific inventory of potential sites for rezoning with all relevant analysis. While the element acknowledges a shortfall of sites to accommodate the City's regional need for lower-income households and includes Program 9 (page V-7) to address the need, it still must identify and analyze the adequacy potential rezone sites. In addition, to demonstrate the adequacy of sites identified in Table B-1, the element should be revised as follows: Realistic Capacity: The element must demonstrate how the residential development capacity of sites identified were determined. If the City has established a minimum density regulation, the element may use the minimum density for the site capacity calculation. Otherwise, the element should describe the methodology used in calculation of anticipated capacity on the identified sites. For non-residential sites, the - 2 - residential capacity estimates should consider the extent to which non-residential uses are allowed and any performance standards. This analysis must adjust the calculation based on land-use controls and site improvements and could also incorporate typically built densities of the community. To address the identified shortfall of sites to accommodate the City's remaining regional need, particularly for lower-income households, in addition to the sites identified in the inventory, the City could consider additional strategies to increase total residential development capacity of sites within the existing City boundaries, including identifying opportunities for redevelopment or mixed-use development, such as those sites within the City's two mixed-use planning areas (page IV-2). For additional information on these strategies and needed analysis required to demonstrate the adequacy of City actions to address the City's shortfall of sites, refer to the Building Blocks'section on Sites Inventory and Analysis at http://www.hcd.ca.gov/hpd/housing elemenOSIA zoning php. Environmental Constraints: In the element (page IV-13), the City states a large portion of available land is located upon steep slopes, some of which have a potential for landslide hazards. The element should detail whether the sites identified in the land inventory are affected by the slopes and the impact on the supply and affordability of housing. Sites with Zoning for a Variety of Housing Types: The housing element must demonstrate the.availability of sites, with appropriate zoning, that-will encourage and facilitate a variety of housing types including supportive. housing, emergency shelters, and transitional housing. An adequate analysis should, at a minimum, identify whether and how zoning districts explicitly allow the uses, analyze whether zoning, development standards and permit procedures encourage and facilitate these housing types. If the analysis does not demonstrate adequate zoning for these housing types, the element must include implementation actions to provide appropriate zoning. Emergency Shelters: Please note, the City must comply with Chapter 633, Statutes of 2007 (SB 2), requiring, among other things, the identification of at least one zone(s) where emergency shelters are permitted without a conditional use permit (CUP) or other discretionary action within one year of the beginning of the planning period. To address this requirement, the City could amend an existing zoning district, establish a new zoning district or an overlay zone for an existing zoning district. While the element includes zones RM, RMH and RH as areas where emergency shelters are allowed by-right or with a CUP depending on the number of persons served (page IV-4), the element must identify zones where emergency shelters will be allowed by-right regardless of size and provide information to demonstrate the appropriateness of the zone to accommodate the City's identified need for emergency shelters. For example, the zone must provide sufficient opportunities for at least one new emergency shelter in the planning period and consider opportunities available in suitable locations near services and facilities. In addition, the element must demonstrate that existing or proposed permit processing, development, and management standards encourage and facilitate the development of, or conversion to, emergency shelters. A memo on SB 2 describing the new requirements is available on the Department's website at http://www.hcd.ca.gov/hpd/sb2 memo05O7O8 pdf. - 3 - Transitional and Supportive Housing: The element states transitional and supportive housing of seven or more persons requires a CUP (page IV-4). Pursuant to S13 2, transitional and supportive housing must be treated as residential use and subject to the same permitting processes as other housing in the subject zone (e.g., multifamily housing, group homes, etc.) without undue special regulatory requirements. The element must be revised to describe zones which allow these uses pursuant to State law and include any necessary program actions to allow for these uses in the identified zones within the planning period. 3. Analyze potential and actual governmental constraints upon the maintenance, improvement, and development of housing for all income levels, including land use controls,.building codes and their enforcement, site improvements, fees and other exactions required of developers, and local processing and permit procedures. The analysis shall also demonstrate local efforts to remove governmental constraints that hinder the locality from meeting its share of the regional housing need in accordance with Section 65584 (Section 65583(a)(5)). Land Use and Controls: While the element lists zoning and development standards (page IV-4), it should also analyze these standards for their impact on the supply and affordability of housing, especially multifamily housing. For example, the element should evaluate the cumulative effect of development standards such as height limits, lot coverage, minimum floor areas, parking requirements, performance standards and minimum floor areas on the ability to achieve maximum permitted densities and on the supply and affordability of housing. In addition, the element should evaluate the impact of garage requirements for multifamily housing. Refer to the sample analysis in the Building Blocks' website at hftp://www.hcd.ca.gov/hpd/housing element2/CON landuse.php. Fees and Exaction: While the element provides "Planning and Development Fees" (Table IV-6), listing some planning costs, a more detailed analysis is necessary to evaluate the impact of the City's fees. This analysis should identify total typical fees (planning and impact) for both single- and multi-family housing. For additional information, please refer to the sample analysis in the Building Blocks'section on Fees and Exactions at http://www.hcd.ca.gov/hpd/housing element2/CON landuse.php. Permit Processing and Procedures: The element states a development review application is required for all developments with four or more units (page IV-10), but provides no information on the process. The element should include a detailed analysis of the development review guidelines and p'rocess, including better identifying requirements and approval procedures and analyzing the impact of the guidelines and process on housing costs and approval certainty. The analysis should also include typical approval times for single- and multi-family projects. Based on the outcomes of this analysis, the element may need to add programs to address the guidelines as a constraint. For additional information, refer to the sample analysis in the Building Blocks'section on Permit Processing and Procedures at http://www.hcd.ca.gov/hpd/housing elementVCON permits.php. - 4 - On/Off-Site Improvements: The element did not address this statutory requirement. The element must be revised to describe and analyze specific on- and off-site improvements for residential development such as requirements for street widths, sidewalks, water and sewer connections and circulation improvements required for residential developments and assess their impact on the cost and supply of housing. Constraints on Persons with Disabilities: While the element states Diamond Bar adopted the 2007 building code in which incorporate accessibility standards contained in Title 24 and a streamline review of design modification to improve accessibility, it must include a detailed analysis of zoning, development standards and approval procedures for the development of housing for persons with disabilities and include programs as appropriate to address any identified constraints. For example, among other things, the element should identify and analyze the following: ® Any definition of family in the zoning code. ® Reasonable accommodation ordinance, if so describe the process. 0 Any siting or concentration requirements for residential care facilities. Please refer to the Building Blocks'section on Constraints for Persons with Disabilities at hftp://www.hcd.ca.gov/hpd/housing element/screen27 sb520.pd . 4. Analyze the opportunities for energy conservation with respect to residential development (Section 65583(a)(8)). The element includes a general description of Title 24 requirements and states as new infill development and rehabilitation activities occur the City could directly affect energy use within its jurisdiction (page 111-6), but includes no information on the City's efforts to address energy conservation goals. Given the importance of promoting strategies to address climate change and energy conservation, the City's analysis could facilitate adoption of housing and land-use policies and programs in the housing element that meet housing and conservation objectives. Planning to maximize energy efficiency and the incorporation of energy conservation and green building features can contribute to reduced housing costs for homeowners and renters. For example, the element could include incentives to encourage green building techniques and materials in new and resale homes, promote energy audits and participation in utility programs, and facilitate energy conserving retrofits upon resale of homes. Additional information on potential policies and programs to address energy conservation are available in the Building Blocks' website at http://www.hcd.ca.gov/hpd/housing elemenOSIA conservation.php. 5. Analyze any special housing needs, such as those of the handicapped, elderly, large families, farmworkers, families with female heads of households, and families and person in need of emergency shelter(Section 65583(a)(7)). The identification and analysis of special needs should be expanded beyond the basic household and individual counts and general description of the various groups. The analysis must discuss the nature of the special housing need of each group in Diamond Bar as well as housing types, zoning and available resources. A thorough analysis will help identify those with the most serious housing needs to develop and prioritize responsive programs. - 5 - • The element indicates Diamond Bar has 1,373 female households with a significant number living below the poverty level. The City should include analysis of housing needs and opportunities for this group. • The element states 15 to 17 percent of households in Diamond Bars are large families (pages 11-20). The element should include an analysis of available housing to meet the needs of large families. In addition, while the element estimates the total homeless within San Gabriel Valley Planning Service Area (SPA) at 9,942 persons, the element must include an estimate of the proportion of those persons within the City limits. To assess the degree of unmet homeless needs, including the extent of need for emergency shelters, the estimate must consider both seasonal and year round need and should consider a variety of data sources. The element could utilize estimates from local officials, survey the identified service providers or consult with San Gabriel Valley SPA. B. Housing Programs 1. Include a program which sets forth a five-year schedule of actions the local government is undertaking or intends to undertake to implement the policies and achieve the goals and objectives of the housing element through the administration of land-use and development controls, provision of regulatory concessions and incentives, and the utilization of appropriate federal and state financing and subsidy programs when available. The program shall include an identification of the agencies and officials responsible for the implementation of the various actions (Section 65583(c)). To fully address the program requirements of Government Code Section 65583(c)(1-6), and in order for the City's proposed housing development and assistance strategies to be effective during the planning period, all programs and corresponding actions should demonstrate the City's commitment to implementation and include: (1) definitive implementation timelines; (2) identification of responsible agencies and officials and funding; (3) quantified objectives where appropriate. Programs to be revised and strengthened include, but are not limited to the following: • Program 1: Describe the funds available for rehabilitation and the City's role in acquiring funds. How many residents will Diamond Bar refer to the County's rehabilitation loan program? How many units are estimated to be rehabilitated per year? How will the City market the availability of funds for this program? • Program 3: How will the City advertise the County's single-family home rehabilitation program? Quantify number of units to be rehabilitated annually. • Program 6: How will the City support preservation of its two mobilehome parks? - 6 - Program 8: By what date will the City contact land owners with information regarding Diamond Bar's interest in developing senior and workforce housing? How will the City market the programs? How will the City assist landowners to develop the property? What regulatory concessions and financial assistance will the City provide to encourage and facilitate development of senior and workforce housing? Please refer to the Building Blocks section on Program Requirements at http://www.hcd.ca.gov/hpd/housing element2/PRO home php. 2. Identify adequate sites which will be made available through appropriate zoning and development standards and with public services and facilities needed to facilitate and encourage the development of a variety of types of housing for all income levels, including rental housing, factory-built housing, mobilehomes, and emergency shelters and transitional housing. Where the inventory of sites, pursuant to paragraph (3) of subdivision (a), does not identify adequate sites to accommodate the need for groups of all household income levels pursuant to Section 65584, the program shall provide for sufficient sites with zoning that permits owner-occupied and rental multifamily residential use by right, including density and development standards that could accommodate and facilitate the feasibility of housing for very low- and low-income households (Section 65583(c)(1)). As noted in finding A3, the element identifies a significant shortfall of sites, particularly sites for lower-income households. For your information, where the inventory does not identify adequate sites pursuant to Government Code Sections 65583(a)(3) and 65583.2, the element must provide a program to identify sites in accordance with subdivision (h) of 65583.2 for 100 percent of the remaining lower-income housing need with sites zoned to permit owner-occupied and rental multifamily uses by-right during the planning period. While the element includes Program 9 committing the City to review vacant and underutilized parcels and identify adequate sites that are suitable for higher density development, the program must be revised to commit the City to rezoning a specific number of acres to accommodate the identified shortfall of sites by a date certain. These sites shall be zoned with minimum density and development standards that permit at least 16 units per site at a density of at least 20 units per acre. Also, at least 50 percent of the remaining need must be planned on sites that exclusively allow residential uses. In addition, the element should be revised as follows: s If the City is relying on mixed-use in Planning Areas and Specific Plans, the element should indicate how the City will encourage and facilitate development of housing in those areas. ® If the City is dependent on the redevelopment of underutilized, non-vacant sites and development of second units to address the identified shortfall, the element should detail how the City will encourage such development by detailing any existing or planned financial assistance, regulatory concessions or incentives. - 7 - Please note, the City must comply with recent statutory changes to State law (Chapter 633, Statutes of 2007 [SB 2]) requiring, among other things, the identification of at least one zone(s) where emergency shelters are permitted without a CUP or other discretionary action within one year of the beginning of the planning period. To address this requirement, the City could amend an existing zoning district, establish a new zoning district or overlay zone for an existing zoning district. The zone must provide sufficient opportunities for at least one new emergency shelter in the planning period, including opportunities available in suitable locations near services and facilities. In addition, the element must demonstrate that existing or proposed permit processing, development, and management standards encourage and facilitate the development of, or conversion to, emergency shelters. A technical assistance paper describing the new requirements is available at http://www.hcd.ca.gov/hpd/housing elementMKmemo071708 final pdf. 3. The housing element shall contain programs which "assist in the development of adequate housing to meet the needs of extremely low-, low- and moderate-income households (Section 65583(c)(2)):. In accordance with Chapter 891, Statutes of 2006, the element must include programs to assist in the development of extremely low-income households. Programs should be modified or added to specifically assist in the development of a variety of housing types to meet the needs of extremely low-income households. in addition: The element does not include specific actions to assist in the development of a mix of housing types, including rental multifamily, for extremely low-, very low-, low- and moderate-income households, and special housing need households. The element should include programs to address identified housing needs such as overcrowding and the need for units with three or more bedrooms. Actions could include assistance with site identification and entitlement processing, fee waivers and deferrals, modifying development standards and granting concessions and incentives for projects that provide housing for lower-income households. The element indicates 11 percent of renters live in overcrowded households. The City should include program actions to facilitate or assist in the development of affordable multifamily rental units, particularly units three or more bedrooms. Actions could include assistance with site identification and entitlement processing, fee waivers and deferrals, modifying development standards and granting concessions and incentives for projects that provide housing for lower-income households. Furthermore, given the lack of available multifamily rental housing, and overcrowding among renter households, the City should consider strengthening or adding programs to specifically encourage and facilitate all types of multifamily rental housing. C. Public Participation Local governments shall make a diligent effort to achieve public participation of all economic segments of the community in the development of the housing element, and the element shall describe this effort (Section 65583(c)(7)). Additional information is needed to demonstrate how the City has or will make a diligent effort to achieve the involvement all economic segments of the community through the adoption process. While the element states study sessions were conducted in the community, the element should also describe in more detail who actually attended the study sessions, how many study groups actually occurred and the nature of the input from the community and how the information was used in the housing element. The element should be revised to specifically describe the City's efforts to circulate the housing element among low- and moderate-income households and organizations that represent them and individuals and to involve such groups and persons in the development of the element. In addition, the City must make a committed effort to include residents and community stakeholders during the revision and adoption of the element in the months to come, including making the draft document available to the public for review and comment. ST. _AIE_'Q CALIFORNIA-BUSINESS TRANSPORTATION AND HO USING AGENCY ARNOI n SCHWA R NFrrFR ro_ re nor DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT D8V00N OF HOUSING POLICY DEVELOPMENT 1800 Third Street, Suite 430 0.Box 952053 ramento, CA 94252-2053 i 6)323-3177/FAX(916)327-2643 uvww.hcd.ca.gov August 4, 2009 Mr. Greg Gubman Assistant Community Development Director W - City of Diamond Bar 21825 Copley Drive Diamond Bar, CA 91765 Dear Mr. Gubman: � RE: Review of the City of Diamonds Bar's Revised Draft Housing Element Thank you for submitting Diamond Bar's revised draft housing element received for review on June 1, 2009 along with revisions received on July 28, 2009. The Department is required to review draft housing elements and report the findings to the locality pursuant to Government Code Section 65585(b). Telephone conversations with Mr. John Douglas, the City's consultant, facilitated the review. The revised draft element addresses many statutory requirements described in the Department's October 21, 2008 review; however, revisions will be necessary to comply with State housing element law (Article 10.6 of the Government Code). In particular, the element must still demonstrate the suitability of non-vacant sites included in the site inventory to accommodate Diamond Bar's identified shortfall to accommodate its regional housing need for lower-income households. The enclosed Appendix describes these and other revisions needed to comply with State housing element law. The Department is committed to assist Diamond Bar in addressing all statutory requirements of housing element law. if you have any questions or need additional technical assistance, please contact James Johnson, of our staff, at (916) 323-7271. Sincerely, Cathy E. Creswell Deputy Director Enclosure APPENDIX CITY OF DIAMOND BAR The following changes would bring Diamond Bar's housing,element into compliance with Article 10.6 of the Government Code. Accompanying each recommended change, we cite the supporting section of the Government Code. Housing element technical assistance information is available on the Department's website at www.hcd.ca.gov/hpd. Refer to the Division of Housing Policy Development and the section pertaining to State Housing Planning. Among other resources, the Housing Element section contains the Department's latest technical assistance tool Building Blocks for Effective Housing Elements (Building Blocks) available at www.hcd.ca.-gov/hpd/housing element2/index.php, the Government Code addressing State housing element law and other resources. A. Housing Needs, Resources, and Constraints 1. Include an inventory of land suitable for residential development, including vacant sites and sites having the potential for redevelopment, and an analysis of the relationship of zoning and public facilities and services to these sites (Section 65583(a)(3)). The inventory of land suitable for residential development shall be used to identify sites that can be developed for housing within the planning period (Section 65583.2). Appendix B was revised to include an identification of sites with potential for rezoning to accommodate the City's identified shortfall of sites to accommodate its remaining regional need of 466 units affordable to lower-income households. However, the revisions do not demonstrate the suitability of these sites as follows: Sites Inventory: Table B-1 was revised to include parcel-specific information for the Tres Hermanos and LDS Church site, both identified as sites for potential rezoning to accommodate the City's remaining lower-income need. However, parcel-specific information for the K-Mart site is not included. The element must include parcel numbers or unique reference, parcel sizes, zoning, general plan designation, a description of existing uses for and a.calculation of the realistic capacity for the site. Suitability of Sites Identified for Potential Rezoning: Of the sites included in the narrative description (pages B-1 and B-2), the K-Mart, Tres Hermanos and LDS Church sites appear to have the greatest potential for redevelopment; however, the element must demonstrate the suitability of these sites as follows: K-Mart Site: The element must include specific information on the development potential considering the extent existing uses may constitute an impediment to additional residential development. The element could also consider development trends, market conditions and interest from developers/owners. For example: • What portion of the site is being utilized by the existing K-Mart? • What are the existing uses on the remainder of the parcel? ® Any discontinuing or vacated uses on the site? • The element indicates the owner of the site has expressed interest in a reuse plan with a residential component. Would the proposed rezone encompass the entire site or a portion of the site (i.e., existing parking lot or area comprised of smaller shops)? - 2 - Tres Hermanos Site: The element indicates 720 acres of this 2600 acre area owned by the City of Industry's Urban Development Agency are located within the City of Diamond Bar's corporate limits. The element, however, should discuss any plans the City of Industry has for the site, including any offers to sell or buy the land and the role the Tres Hermanos Conservation Authority will play in the development of the site. In addition, the element indicates a specific plan will be prepared for the entire area but does not indicate the proposed timeline for development of the specific plan. To rely on these sites to address a portion of the City's need for lower-income households, the element must account for and analyze how these factors may impact the availability of the site or a portion of the site and demonstrate development potential within the planning period. LDS Church Site: The element indicates the 4.5 acre site is currently developed with an existing church facility with approximately two acres of vacant land available on the rear portion of the site. No information, however, is provided on the Church's interest in selling or developing the site with residential uses and whether the site can realistically provide development potential within the planning period. In addition to information on the suitability and availability of these sites, the element must describe any planned financial or development incentives the City will provide, such as expedited permit processing, fee waivers or deferrals to encourage the development of housing affordable to lower-income households in the redevelopment of the sites. Zoning for a Variety of Housing Types (Emergency Shelters): The element now includes Program 12 to revise the City's zoning ordinance to allow emergency shelters by right within the RM (Residential Medium zone)." While the inventory identifies no vacant or underutilized parcels available within this zone, the element appears to rely on four currently operating church sites, ranging in size from 3.5 to 7 acres in size. It is unclear, however, how these sites were determined to be appropriate to demonstrate capacity to accommodate at least one emergency shelter during the planning period as required pursuant to Chapter 633, Statutes 2008 (SB 2). For example, the element appears to limit opportunities for emergency shelters to existing church sites but provides no information on whether the church has agreed or expressed interest in providing shelters. In addition, given the lack of sites identified within the zone, the element must describe and evaluate the potential on underutilized sites for non-church operators of emergency shelters. While the element indicates the City may identify an alternative zone better suited to accommodate emergency shelters without discretionary action, it should specifically commit to identifying an appropriate zone and demonstrate any other zones under consideration will have sufficient opportunities for at least one new permanent emergency shelter in the planning period to provide sufficient capacity to accommodate the City's identified need. - 3 - B. Ho"song Programs 1. Identify adequate sites which will be made available through appropriate zoning and development standards and with public services and facilities needed to facilitate and encourage the development of a variety of types of housing for all income levels, including rental housing, factory-built housing, mobilehomes, and emergency shelters and transitional housing. Where the inventory of sites, pursuant to paragraph (3) of subdivision (a), does not identify adequate sites to accommodate the need for groups of all household income levels pursuant to Section 65584, the program shall provide for sufficient sites with zoning that permits owner-occupied and rental multifamily residential use by right, including density and development standards that could accommodate and facilitate the feasibility of housing for very low- and low-income households (Section 65583(c)(1)). As noted in finding Al, the element continues to lack a complete sites inventory and analysis.:.Therefore, the adequacy of sites has not been established. Based on the results of a complete sites inventory and analysis, the City may need to add or strengthen programs to address any shortfall of sites of residential capacity. In addition, the element should be revised as follows: Program 9 — Land-Use and Zoning: The element was revised to include Program 9 to rezone at least 15.6 acres pursuant to Government Code Section 65583.2(h) to accommodate the identified shortfall of 466 units affordable to lower-income households. The Program, however, must specifically reference the sites the City is committing to rezone (a minimum of 15.6 acres) by including a reference to Table B-2 and the parcel numbers of potential rezone sites. In addition, the element must demonstrate sufficient acreage will be rezoned to demonstrate realistic capacity of at least 466 units. For example, the Program assumes all 15.6 acres will be developed with residential uses at a minimum of 30 units per acre. However, given these sites allow for mixed-uses, the element must be revised to consider the potential development of uses other than residential for non-residentially zoned sites (i.e., K-Mart site). The element may require revisions to commit to rezone additional acres to account for this potential. Program 10 — Mixed-Use Development: The Program should be revised to include a specific implementation timeline for actions (page V-9). This is particularly important as the City is purposing to address a portion of its remaining need for lower-income households on the development potential of the Tres Hermanos site and as such, the site should be zoned and available for development by mid-planning period. If determined it is not realistic to assume development of this site within the planning period, the element should be revised to identify alternative sites suitable to accommodate the City's remaining need. The City must also include a program to monitor and report on the status of the site. 2. The housing element shall contain programs which "address, and where appropriate and legally possible, remove governmental constraints to the maintenance, improvement, and development of housing" (Section 65583(c)(3)). Program 14 —Affordable Housing Incentives/Density Bonus: The Program should be revised to specifically commit to removing the garage requirement and allowing carports for multifamily developments affordable to lower-income households. STATE OF CALIFORNIA-BUSINESS.TRANSPORTATION AND HOUSING AGENCY ARNOLD SCHWARZENEGGER (jaye nr DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT -- DIVISION OF HOUSING POLICY DEVELOPMENT 1800 Third Street,Suite 430 °''O � ■■ P.O.Box 952053 n� ,cramento,CA 94252-2053 r r 6)323-3177/FAX(916)327-2643 www.hcd.ca.gov July 22, 2010 Mr. Greg Gubman Assistant Community Development Director City of Diamond Bar c -M 21825 Copley Drive `^ `"M Diamond Bar, CA 91765 CN Dear Mr. Gubman: RE: Review of the City of Diamond Ear's Revised Draft Housing Element C:) Thank you for submitting Diamond Bar's revised draft housing element received for review on May 24, 2010. The Department is required to review draft housing elements and report the findings to the locality pursuant to Government Code Section 65585(b). A telephone conversation with you and Mr. Brad Wohlenberg, City Attorney, Ms. Raef Lee, Senior Planner, and Mr. John Douglas, the City's consultant, facilitated the review. The revised draft element addresses some of the statutory requirements described in the Department's August 4, 2009 review; however, revisions will be necessary to comply with State housing element law (Article 10.6 of the Government Code). In particular, the element must still demonstrate the potential and suitability of non-vacant sites included in the site inventory to accommodate Diamond Bar's identified shortfall of 466 units to accommodate its regional housing need for lower-income households as follows: 1. Include an inventory of land suitable for residential development, including vacant sites and sites having the potential for redevelopment, and an analysis of the relationship of zoning and public facilities and services to these sites (Section 65583(x)(3)). The inventory of land suitable for residential development shall be used to identify sites that can be developed for housing within the planning period (Section 65583.2). Candidate Rezone Sites (Appendix 62): While the element includes programs to address the identified shortfall of adequate sites, pursuant to Section 65583(c)(B), it must include an analysis of the suitability and availability of candidate sites for rezoning with all components specified in Section 65583.2. For example, the listing of candidate sites (Table B-2) must include a parcel-specific residential capacity estimate and a description'of existing uses sufficient to demonstrate the potential for redevelopment and evaluate the extent to which existing uses may impede additional residential development. Please note, residential capacity estimates for mixed-use sites must be revised to consider the potential development of non-residential uses (e.g., K-Mart site) to account for the potential that not all of non-vacant uses may redevelop in the planning period. The element may require revisions to commit to rezone additional acres to account for this potential. Mr. Greg Gubman Page 2 In addition, to demonstrate the suitability of candidate rezone sites the element continues to require revision as follows: ® K-Mart Site: While the element provides a very general description of existing uses on non-.vacant vacant and underutilized parcels in Table B-2 (e.g., retail, commercial, office, etc.) it must demonstrate the potential for redevelopment and evaluate the extent to which existing uses may impede residential development (sample inventory and analysis to be sent under separate cover). For example, the element indicates 13 commercial spaces are vacant; however, it is unclear how this relates to the individual underutilized percentage calculations included in Table B-2. Based on conversations with City staff, it is the Department's understanding the current owner plans to demolish and redevelop the entire 20-acre site through a specific plan process. The'City further stated the current operating Kmart is an underperforming store and has had little investment in the property. The current property owner has had conversations with K-Mart regarding a lease buyout. The element should include this information and any additional information to support the suitability and redevelopment estimates for this site. Please refer to the Department's August 4, 2009 review (see link on next page) for necessary information to include as part of this analysis. • Tres Hermanos Site: If the City continues to rely on the 720-acre Tres Hermanos site as a candidate site for rezoning to meet a portion of the City's remaining need for lower-income households, the element must be revised to demonstrate the potential of sites to be available during the planning period. While a Request for Proposal was distributed in 2006 for the development of a specific plan for the site, based on conversation with staff, no further action occurred. The element must demonstrate parcels within theTres Hermanos site will be available for development early enough in the planning period to accommodate the remaining .regional need for lower-income households. Please note, "available for development" means the specific plan is adopted and zoning is in place to allow higher density and/or mixed-use development early enough in planning period to allow for development. If the City is relying on capacity within Tres Hermanos to accommodate its identified shortfall, the element must specifically detail where* the City is in the process of developing a specific plan for this area and include a timeline for its completion and otherwise demonstrate consistency with the adequate sitesprogram requirements of Government Code Section 65583.2(h) and (i). 2. Identify adequate sites which will be made available through appropriate zoning and development standards and with public services and facilities needed to facilitate and encourage the development of a variety of types of housing for all income levels. Where the inventory of sites, pursuant to paragraph (3) of subdivision (a), does not identify adequate sites to accommodate the need for groups of all household income levels pursuant to Section 65584, the program shall provide for sufficient sites with zoning that permits owner-occupied and rental multifamily residential use by right, including density and development standards that could accommodate and facilitate the feasibility of housing for very low- and low-income households (Section 65583(c)(1)). Mr. Greg Gubman Page 3 As noted above, the element does not include a complete site analysis and the adequacy of sites and zoning were not established. Based on the results of a complete sites inventory and analysis, the City may need to add or revise programs to address a shortfall of sites or zoning available to encourage a variety of housing types. At a minimum, the element should be revised as follows: Rezone Program for Adequate Sites: Program 9 indicates the City will rezone a minimum of 15.6 acres to a "higher density." While the program indicates the rezoned sites will have established minimum densities of 20 units per acre, the element must identify the specific zoning designation which will be applied to the parcels. In addition, the program should commit to permit multifamily uses by-right, without a conditional use permit, planned development permit or other discretionary action and comply with the other adequate sites requirements pursuant to Government Code Section 65583.2. Please also note, candidate sites for rezoning must be appropriately sized to accommodate at least 16 units. Refer to the suggested revisions to Program 9 (to be sent under separate cover). Redevelopment of Underutilized Sites: Program 13 indicates the City "may" include incentives to encourage and facilitate redevelopment of underutilized sites. As the element is reliant on the redevelopment of the K-Mart site to accommodate its identified shortfall, it must commit to specific actions the City will take to encourage and facilitate redevelopment of the site. Sample program language as well as a listing of various incentives the City could consider will be sent under separate cover. Once the element has been revised to adequately address these requirements, it will comply with State housing element law. The Department is committed to assist Diamond Bar in addressing all statutory requirements of housing element law and is available to schedule a site visit in Diamond Bar at your convenience. If you have any questions or to schedule a site visit, please contact James Johnson, of our staff, at (916) 323-7271. Sincerely, ' Cathy iCreswell Deput Director August 2009 Review http://tinvuri.com/diamond-bar0809 STATE OF CALIFORNIA-RI ISINESS TRANSPORTATION AND HOUSING AGENCY EDMUND G.BROWN.IR Govarnnr DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMEN ®@VOsB®N OF HOUSING POLICY ®DEVELOPMENTkCEIVED BY THE CI Il''OI` DIAMOND BAR 1800 Third Street,Suite 430 ° ° • P,O. Box 952053 n�•• Sacramento,CA 94252-2053 ' (916)323-3177/FAX(916)327-2643 2011 JAN 21 Pik 2= 13 www.hcd.ca.gov January 18, 2011 Mr. Greg Gubman Community Development Director City of Diamond Bar 21825 Copley Drive Diamond Bar, CA 91725 Dear Mr. Gubman: RE: Review of the City of Diamond Ear's Revised Draft Housing Element Thank you for submitting Diamond Bar's revised draft housing element received for review on November 19, 2010 and revisions received January 13, 2011. The Department is required to review draft housing elements and report the findings to the locality pursuant to Government Code Section 65585(b). A telephone conversation with you facilitated the review. The revised draft element addresses the statutory requirements described in the Department's July 22, 2010 review, The Department's finding of adequate sites is based on the City's commitment to implement Program 9 to rezone a minimum of 15.6 acres of sites on Table B-2 to a density of 30 units per acre to accommodate the City's remaining need of 466 units affordable to lower-income households. These sites will permit owner- occupied and rental multifamily development by-right, without a conditional use permit, plan unit development or any discretionary action, with a minimum of 16 units per site and a minimum density of 20 units per acre, consistent with Government Code Section 65583.2(h) and (i). In addition, Program 8 commits Diamond Bar to support the development of senior and workforce housing by providing incentives such as: reduced development fees, flexible development standards and direct financial assistance when available. Please be aware, Government Code Section 65863 requires local governments to ensure the inventory of sites or any site programs accommodate the regional housing need throughout the planning period of the element. In addition, no local government action shall reduce, require or permit the reduction of, the residential density or allow development at a "lower residential density" for any parcel identified in the site inventory unless the local government makes written findings the reduction is consistent with the adopted General Plan, and the remaining sites identified in the element are appropriately zoned and adequate to accommodate the jurisdiction's share of the regional housing need. As defined by statute, "A lower residential density" refers to allowing fewer units on the site than were projected within the sites inventory of the housing element. The Department recommends the City consider establishing a process to monitor sites to facilitate compliance with this requirement. Mr. Greg Gubman Page 2 The revised element will comply with State housing element law (Article 10.6 of the Government Code) when these revisions are adopted and submitted to the Department, pursuant to Government Code Section 65585(8). The Department appreciates your effort and cooperation throughout the course of its review and looks forward to receiving Diamond Bar's adopted housing element. If you have any questions or need additional technical assistance, please contact James Johnson, of our staff, at (916) 323-7271. Since,, I Glen A. Campora Assistant Deputy Director STATE OF CALIFORNIA--BUSINESS.TRANSPORTATION AND HOUSING AGENCY EDMUND G BROWN.7R..Governor DEPARTMENT OF TRANSPORTATION oiil DISTRICT 7,REGIONAL PLANNINGIGR/CEQA BRANCH 100 MAIN STREET,MS#16 LOS ANGELES,CA 90012-3606 Flexyourpower! PHONE: (213)897-9140 Be energy efficient! FAX: (213)897-1337 March 14, 2011 IGR/CEQA No. 110220AL-ND 2008-2014 Diamond Bar Housing Element Update Vic. LA-57 & LA-60 Various Locations SCH#2011021050 Mr. Greg Gubman ' City of Diamond Bar M 21825 Copley Drive _ `nrn. Diamond Bar, CA c� Dear Mr. Gubman: Thank you for including the California Department of Transportation (Department) i9othe=° environmental review process for the above referenced project. The proposed project consists of the update of the General Plan Housing Element for the 2008-2014 planning period. No specific development projects are proposed at this time. As part of the planning and development review process, all new developments are evaluated to determine the extent of traffic impacts relative to road capacity, design, emergency access and parking, and appropriate requirements will be imposed to ensure that safe design standards and adequate service levels are maintained. Please include the Department in the environmental review process when a major specific project is proposed or when a significant land use is changed. However, there will be 1,098 additional housing units during the 2006-2014 periods. Those housing units will generate traffics traveling on the State facilities. We would like to remind you that this traffic volume may contribute a significant traffic impact to the State facilities. In the spirit of mutual cooperation, we would like to discuss with the City the potential traffic impacts on the State facilities and mitigation measures that-could alleviate traffic congestion in the future. If you have any questions, please feel free to contact me at (213) 897-9140 or Alan Lin the project coordinator at(213) 897-8391 and refer to IGR/CEQA No. 110220AL., Sincerely, DEZSON IGR/CEQA Branch Chief cc: Scott Morgan, State Clearinghouse "Caltrans improves mobility across California" VOLUNTARY REQUEST TQ ADDRESS THE CITY COUNCIL TO. CITY CLERK FROM DATE j� ADDRESS 5a 0 ORGAN ' t IZATION ��•a�� tfvmes arm �1rtid °�"� ra-f��--. AGENDA#/SUBJECTt.c ; � � I;expect to address`the Council onthe subject agenda/subject Item Please have the Council Minutes reflect,my name and address as wntten above j Sign aore This document is a public.record?subject to disclosure and,er the,;Public:Reco`rd s Act: 6 \\ / VOLUNTARY, REQUEST TO':ADDRESS'.THE CITYCOUNCIL TO : . CITY CLERK FROM:' 777771 .:j , SSS DATE. C _ ADDRESS. 2 ,.. PHONE::, l7 12, � 1 G� °111 ORGANIZATION AGENDA#/SUBJECT I expect:to addressahe Council on the subject agenda/subject item. Please, Have the.Council Minutes reflect rimy name:and address;as.written above igrature This document is a public record subject to,disclosure under the Public Records Acf: