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120319 Agenda - Regular Meeting
City of Diamond Bar City Council/Public Financing Authority Agenda Tuesday, December 3, 2019 6:30 PM The Government Center South Coast Air Quality Management District/ Main Auditorium 21865 Copley Drive, Diamond Bar, CA 91765 CAROL HERRERA STEVE TYE Mayor Mayor Pro- Tem ANDREW CHOU Council Member City Manager Dan Fox • RUTH M. LOW Council Member City Attorney David DeBerry • NANCY A. LYONS Council Member City Clerk Kristina Santana 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 requested, the agenda will be made available in an alternative format to a person with disability as required by Section 202 of the Americans with Disabilities Act of 1990. If you have questions regarding an agenda item, please contact the City Clerk at (909) 839-7010 during regular business hours. In an effort to comply with the requirements of Title II of the Americans with Disabilities Act of 1990, the City of Diamond Bar requires that any person in need of any type of special equipment, assistance or accommodation(s) in order to communicate at a City public meeting, must inform the City Clerk a minimum of 72 hours prior to the scheduled meeting. Have online access? City Council Agendas are now available on the City of Diamond Bar's web site at www.diamondbarca.gov 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. 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 Spectrum Cable Channel 3 and Frontier ROS 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, Spectrum Cable Channel 3, Frontier ROS television Channel 47 and on the City's website at www.diamondbarca.gov. 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.diamondbarca.gov General information: (909) 839-7010 THIS MEETING IS BEING BROADCAST LIVE FOR VIEWING ON SPECTRUM CABLE CHANNEL 3 AND FRONTIER 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 WVWV.DIAMONDBARCA.GOV. CITY OF DIAMOND BAR CITY COUNCIL/PUBLIC FINANCING AUTHORITY AGENDA December 03, 2019 CALL TO ORDER: PLEDGE OF ALLEGIANCE: INVOCATION: ROLL CALL: APPROVAL OF AGENDA: CITY COUNCIL REORGANIZATION Selection of Mayor Selection of Mayor Pro Tern 6.30 p.m. Mayor Pastor Jeanne Favreau-Sorvillo, Diamond Bar United Church of Christ Chou, Low, Lyons, Mayor Pro Tern Tye, Mayor Herrera Mayor Presentation to 2019 Mayor Carol Herrera RECESS/RECEPTION RECONVENE CITY COUNCIL MEETING 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: NONE. 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 21810 Copley Dr., Diamond Bar, California, during normal business hours. DECEMBER 3, 2019 PAGE 2 2. 3. 4. 5. C4 CITY MANAGER REPORTS AND RECOMMENDATIONS: 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 other matters of interest not on the agenda that are within the subject matter jurisdiction of the Council. Although the City Council values your comments, pursuant to the Brown Act, the Council generally cannot take any action on items not listed on the posted agenda. Please complete a Speaker's Card and give it to the City Clerk (completion of this form is voluntary). There is a five-minute maximum time limit when addressing the City Council. RESPONSE TO PUBLIC COMMENTS: 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. SCHEDULE OF FUTURE EVENTS: 5.1 Diamond Bar Holiday Ride — November 29, 2019 through January 1, 2020. Riders can schedule a trip in the City for restaurants and shopping for free. 5.2 Planning Commission Special Meeting — December 4, 2019 — 6.30 p.m., Windmill Community Room, 21810 Copley Drive. 5.3 Winter Snow Fest — December 7, 2019 — 8.00 a.m. — 2.00 p.m., Pantera Park, 738 Pantera Drive. 5.4 Planning Commission Meeting — December 10, 2019 — 6.30 p.m., Windmill Community Room, 21810 Copley Drive. 5.5 Traffic and Transportation Commission Meeting — December 12, 2019 — 6:30 p.m., Windmill Community Room, 21810 Copley Drive. 5.6 City Council Meeting — December 17, 2019 — 6.30 p.m., AQMD/Government Center Auditorium, 21865 CONSENT CALENDAR: All items listed on the Consent Calendar are considered by the City Council to be routine and will be acted on by a single motion unless a Council Member or member of the public request otherwise, in which case, the item will be removed for separate consideration. 6.1 CITY COUNCIL MINUTES OF THE NOVEMBER 19, 2019 MEETING. 6.1.a Study Session Minutes of November 19, 2019 DECEMBER 3, 2019 PAGE 3 6.1.b City Council Minutes of November 19, 2019 Recommended Action: Approve the November 19, 2019 meeting minutes. Requested by: City Clerk 6.2 RATIFICATION OF CHECK REGISTER DATED NOVEMBER 14, 2019 THROUGH NOVEMBER 27, 2019 TOTALING $1,486,463.80. Recommended Action: Ratify the Check Register. Requested by: Finance Department 6.3 TREASURER'S STATEMENT Recommended Action: Approve the October 2019 Treasurer's Statement. Requested by: Finance Department 6.4 FIRST AMENDMENT TO THE WIRELESS SITE LICENSE AGREEMENT WITH NEW CINGULAR WIRELESS PCS, LLC TO ALLOW FOR THE CONSTRUCTION AND LOCATION OF AN EMERGENCY GENERATOR TO SERVE THE EXISTING CELLULAR SITE AT PETERSON PARK THROUGH JUNE 2036. Authorize the City Manager to execute the First Amendment and associated documents required for the operation of the New Cingular Wireless cellular site emergency generator at Peterson Park. Requested by: City Manager 6.5 ORDINANCE NO. 03(2019) - AN ORDINANCE OF THE CITY OF DIAMOND BAR APPROVING ZONE CHANGE PLANNING CASE NO. PL2017-169 AMENDING THE ZONING FROM LIGHT INDUSTRY (1) TO REGIONAL COMMERCIAL -PLANNED DEVELOPMENT OVERLAY (C-3- PD) FOR PROPERTY LOCATED AT 850 S. BREA CANYON ROAD, DIAMOND BAR, CALIFORNIA (ASSESSORS PARCEL NUMBER 8719- 013-017). Approve for second reading by title only, waive full reading, and adopt Ordinance No. 03(2019). Requested by: Community Development Department 7. PUBLIC HEARING: DECEMBER 3, 2019 PAGE 4 7.1 ORDINANCE NO. 04(2019) AMENDING TITLE 15 OF THE DIAMOND BAR MUNICIPAL CODE BY ADOPTING THE 2019 CALIFORNIA BUILDING STANDARDS CODES (TITLE 24 C.C.R. PARTS 2, 2.5, 3, 4, 5, AND 11) WITH LOCAL AMENDMENTS. Recommended Action: Open public hearing, receive public testimony, approve for second reading by title only, waive full reading, and adopt Ordinance No. 04 (2019). Requested by: Community Development Department 8. COUNCIL CONSIDERATION: NONE. RECESS TO ANNUAL PUBLIC FINANCING AUTHORITY 1. CALL TO ORDER: 2. ROLL CALL: Authority Members Chou, Low, Herrera, Vice Chair Lyons, Chair Tye 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 Authority on Consent Calendar items or other matters of interest not on the agenda that are within the subject matter jurisdiction of the Authority. Although the Authority values your comments, pursuant to the Brown Act, the Authority generally cannot take any action on items not listed on the posted agenda. Please complete a Speaker's Card and give it to the Authority Clerk (completion of this form is voluntary). There is a five-minute maximum time limit when addressing the Authority. 4. CONSENT CALENDAR: All items listed on the Consent Calendar are considered by the Authority to be routine and will be acted on by a single motion unless a Authority Member or member of the public request otherwise, in which case, the item will be removed for separate consideration. 4.1 APPROVAL OF PUBLIC FINANCING AUTHORITY MEETING MINUTES. Recommended Action: Approve the December 4, 2018 meeting minutes. Requested by: City Clerk DECEMBER 3, 2019 PAGE 5 4.2 APPROVAL OF PUBLIC FINANCING AUTHORITY TREASURER'S STATEMENT Recommended Action: Approve. Requested by: Finance Department 5. PUBLIC FINANCE AUTHORITY REORGANIZATION: 5.1 Selection of Chair 5.2 Selection of Vice Chair 6. AUTHORITY MEMBER COMMENTS: Items raised by individual Authority members are for Authority Discussion. Direction may be given at this meeting or the item may be scheduled for action at a future meeting. 7. ADJOURN PUBLIC FINANCING AUTHORITY MEETING: RECONVENE CITY COUNCIL MEETING 9. COUNCIL SUB -COMMITTEE REPORTS AND MEETING ATTENDANCE REPORTS/COUNCIL MEMBER COMMENTS: 10. ADJOURNMENT: 6.1 Agenda #: 6.1 Meeting Date: December 3, 2019 CITY COUNCIL AGENDA REPORT 7,1 TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager TITLE: CITY COUNCIL MINUTES OF THE NOVEMBER 19, 2019 MEETING. STRATEGIC GOAL: Open, Engaged & Responsive Government RECOMMENDATION: Approve the November 19, 2019 meeting minutes. FINANCIAL IMPACT: None. BACKGROUND/DISCUSSION: The minutes of the Study Session and Regular City Council meeting of November 19, 2019 have been prepared and are being presented for approval. PREPARED BY: At- ii%-AAfA ristina antana, City Clerk12/3/2019 REVIEWED BY: Attachments: 1. 6.1.a Study Session Minutes of November 19, 2019 2. 6.1.b City Council Minutes of November 19, 2019 Packet Pg. 8 6.1.a CITY OF DIAMOND BAR MINUTES OF THE CITY COUNCIL STUDY SESSION NOVEMBER 19, 2019 STUDY SESSION: M/Herrera called the Study Session to order at 5:46 p.m. in Room CC-8 of the South Coast Air Quality Management District/Government Center, 21865 Copley Drive, Diamond Bar, CA 91765. ROLL CALL: Council Members Andrew Chou, Ruth Low, Nancy Lyons, Mayor Pro Tern Steve Tye and Mayor Carol Herrera. Staff Present: Dan Fox, City Manager; Ryan McLean, Assistant City Manager; Ken Desforges, Information Services Director; David Liu, Public Works Director; David DeBerry, City Attorney; Marsha Roa, Public Information Manager; Amy Haug, Human Resources Manager; Ryan Wright, Parks and Recreation Director; Anthony Santos, Assistant to the City Manager; Diana Honeywell, Finance Director; Grace Lee, Senior Planner; Greg Gubman, Community Development Director; Kristina Santana, City Clerk ► TRANSACTION AND USE TAX MEASURE: ACM/McLean gave an overview of the proposed transaction and use tax measure. He stated that sales and use taxes are general purpose revenue and used at the discretion of the City Council for any City purpose. If approved, the funding would provide a dedicated, long-term funding source. Diamond Bar has the second smallest share of property tax in all of LA County. For every dollar of property tax, the City gets 5.9 cents. In general, the City has avoided the large-scale development in an effort to keep the City's character in tact which has limited the opportunities to have some of the big -box, auto dealerships, and Costco type developments that are the high grossing sales tax revenue producers. There is a changing retail environment and more purchases are being made online for services, and as a result, sales tax revenues have declined over time. Another key factor is rising maintenance and operation costs. The City is now 30 years old, it has aging infrastructure, with some facilities in need of either replacement or significant maintenance. Public Safety expenditures have increased over time. On average they have increased about 5.5 percent over the last five years — just to keep the status quo without adding any positions. As the City ages and has more retirees, the pension liability has risen. As maintenance operation costs increase over time, there is less money available for discretionary projects as well as, new and expanded programs and services. The City Council has a history of making solid fiscal decisions which has offset many of these factors and the City continues to offer high -quality services, programs, and facilities without making cuts. Unlike many cities, Diamond Bar is not in a fiscal emergency. The reason this item is being discussed this evening is more about the real impacts of some of the concerns previously mentioned which will be felt when there is a desire to augment, enhance and expand services. The Council has a couple of park projects on the table, the unnamed park on Sunset Crossing Road and the Heritage Park renovation with a combined price tag of about $10-12 million. Currently, the City's General Fund reserves are a little less than $17 million and this presents a challenge. Packet Pg. 9 6.1.a NOVEMBER 19, 2019 PAGE 2 CC STUDY SESSION ACM/McLean said that the most important thing for the City Council to consider when discussing and debating this matter is that the local sales tax rate is likely to increase even if Diamond Bar does not pursue a measure. The County of Los Angeles has been testing a couple of potential sales tax measures for the 2020 and 2022 elections. The City is currently at a 9.5 percent rate and the state has a cap at 10.25 percent. If the County decides to move forward with the measure, it will reduce the unallocated balance that is left, and once it reaches 10.25 percent, there is no longer the ability for any local agency to pursue an effort to keep some of these funds local. Therefore, if LA County is successful, they decide how the money is spent throughout their county. In 2018 there were 58 measures throughout the state, 52 of which passed (90 percent) including Covina, Placentia, Pomona, Seal Beach, and La Puente. In November 2019 measures passed in Arcadia, Glendora, Monrovia, Sierra Madre and South Pasadena and there was one measure in Claremont that was voted down by 100 votes. Based on the 90 percent approval rate, residents prefer local control of those tax dollars. Staff also understands there are a few more measures that will appear on the March 2020 ballot which will provide insight as to whether that voter trend continues. For Diamond Bar, a 3/4 cent increase ballot measure passed by the voters would generate about $3.8 million annually, which would be a long-term revenue source that would remain local and could not be taken by either the State or the County and, the City Council would have the ultimate discretion to determine how that money would be used, whether for Public Safety, Park Facility projects — maintenance, expansion, street, circulation improvements, programming for youth and seniors, and to enhance fiscal sustainability to improve the reserve accounts. Placing this item on the ballot would be very similar to the Transient Occupancy Tax Measure that was put forward by the Council and approved by the voters last year. Upon two-thirds vote of the Council, an election would be called most likely in November 2020. If the Council decides to move forward, this matter would be brought to the Council for adoption of a resolution with a two-thirds vote later in 2020 and upon passage, the measure would be placed on the November 2020 ballot. ACM/McLean concluded his presentation stating that at this time, staff is seeking direction from the City Council to begin developing the educational materials to disburse to the public to gauge their opinion, with the Council retaining its discretion to consider moving forward with the election or not in the July/August 2020 timeframe. C/Chou asked for an understanding of the distinction between a sales tax and a use tax. ACM/McLean explained that sales tax is collected on the sale of retail goods locally and use tax is a charge on things purchased outside of the City and brought into the City and stored or consumed locally. CA/DeBerry explained that if someone buys a product outside of the City for delivery into the City the seller is required by law to charge the tax of the destination Packet Pg. 10 6.1.a NOVEMBER 19, 2019 PAGE 3 CC STUDY SESSION city so in this instance, the seller would charge the Diamond Bar tax and when recording the tax, the state would know that the .75 percent of "use" tax goes to Diamond Bar. MPT/Tye asked why that would not apply to C/Lyons questions regarding purchase of a car, for example, and CA/DeBerry explained that there is a separate law that deals with vehicles and how they are taxed which would likely not change. However, if Diamond Bar had a "Use" tax and someone living here bought a car from outside of the City, Diamond Bar would see some benefit from it. The retailer is required to assess the tax of the city designation. If someone purchases an item from a retail store outside of the City's jurisdiction and brings it back to Diamond Bar, the state will not be advised. MPT/Tye said that if he went to Lowe's in Chino Hills and bought a refrigerator the state would not know. CA/DeBerry agreed unless the refrigerator was delivered to Diamond Bar. While the Use tax is typically hit and miss, it will capture the large items that are delivered. Another scenario is that Westminster and Fountain Valley recently adopted a Use Tax and the 405 is being built in Westminster and Fountain Valley so the contractor on the 405 project has literally had hundreds of millions of dollars of goods delivered into those cities and are paying that Use Tax, which would apply for work being done on the SR57/60 if there were construction items delivered and used in the freeway within the City limits of Diamond Bar. CA/DeBerry further explained to C/Chou's question that the law changed April 1, 2019, so that if someone buys something from Lowe's and Lowe's is delivering that item into Diamond Bar, they would charge the Diamond Bar rate. C/Lyons asked whether under this scenario Diamond Bar wanted a Use Tax, would it have to increase the Sales Tax and CA/DeBerry responded that under the Taxation and Revenue Code, both have to be adopted and there are provisions in the Revenue and Taxation Codes that specifically outline how a city adopts it. It is called a Transaction and Use Tax and the City has to adopt both. C/Low asked if the package was adopted and approved at 10.25, how much would be Use Tax and how much would be regular tax. CA/DeBerry responded that since the City does not have a Use Tax it would be 1.75 percent. So, if a person purchased an item in Diamond Bar, the sales tax portion of 1.75 percent would go to Diamond Bar. C/Low asked if someone purchased a refrigerator, how much would that be and ACM/McLean responded the City would get .75 percent. CA/DeBerry explained that what this is meant to do is to serve as a disincentive for someone to go outside of the jurisdiction to purchase something because the sales tax revenue to the City would be less. The State of California has a statewide Use Tax as well, so on goods that are bought outside of the state and brought into the state for storage, consumption, or use, there is a 1 percent statewide Use Tax. CM/Fox stated that with all of the cities passing these ballot measures it means that everyone will be paying the same rate. Packet Pg. 11 NOVEMBER 19, 2019 PAGE 4 CC STUDY SESSION 6.1.a MPT/Tye said that if Diamond Bar doesn't do this, the County will use the difference and he would much rather implement/increase a sales tax in Diamond Bar than watch it go to the county. C/Lyons asked why it could not be placed on the March ballot and CM/Fox explained that he believed that for the City to be successful it needed to spend that extra time educating the residents on why this is important and what the money will be used for. And, it will take everyone at the staff level as well as, the electorate to educate folks. We know from the TOT Measure, the City cannot be advocating and picketing, but the City can educate people and tell people what the City wants to do with the money and why it is important for the residents. C/Chou said he has seen other city officials out promoting measures. CM/Fox said that whether a city calls it promoting or not, cities have to be very careful about how it educates with the material that it puts out. There will be talking points and printed collateral that can be provided to the public. Many officials will have an opportunity to speak in front of local groups. For example, the Fire Department made a presentation to the Diamond Bar City Council as well as the League of California Cities and Contract Cities about their potential initiative for the fire department. CA/DeBerry explained that the prohibition is on spending public funds for advocating. So, if individuals are on their own time and there is no use of public funds, one can advocate. Following discussion, Council concurred to have staff move forward to consider placing a measure on the November 2020 ballot with staff providing further information on potential polling and educational materials during future study sessions. Public Comments: None ADJOURNMENT: With no further business to come before the City Council, M/Herrera recessed the Study Session at 6:32 p.m. to the Regular Meeting. Kristina Santana, City Clerk The foregoing minutes are hereby approved this 3rd day of December, 2019. , Mayor Packet Pg. 12 6.1.b CITY OF DIAMOND BAR MINUTES OF THE CITY COUNCIL REGULAR MEETING NOVEMBER 19, 2019 CLOSED SESSION: 5:30 p.m., Room CC-8 Conference with Legal Counsel — Anticipated Litigation Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2) (one potential case). Public Comments: None STUDY SESSION: 5:46 p.m. — Room CC-8 Transaction and Use Tax Measure Public Comments: None CALL TO ORDER: Mayor Herrera called the Regular City Council meeting to order at 6:36 p.m. in the South Coast Air Quality Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar, CA. Staff in attendance: Dan Fox, City Manager; Ryan McLean, Assistant City Manager; Ken Desforges, Information Services Director; David Liu, Public Works Director; David DeBerry, City Attorney; Marsha Roa, Public Information Manager; Amy Haug, Human Resources Manager, Ryan Wright, Parks and Recreation Director; Anthony Santos, Assistant to the City Manager; Diana Honeywell, Finance Director; Grace Lee, Senior Planner; Greg Gubman, Community Development Director; Kristina Santana, City Clerk CA/DeBerry stated that no reportable action was taken during tonight's Closed Session. CM/Fox reported that during tonight's Study Session, the City Council expressed interest in conducting research and community outreach regarding the potential Transaction and Use Tax Ballot Measure for November 2020. Staff will report back to Council as it proceeds through this effort. PLEDGE OF ALLEGIANCE: Girl Scout Troop 1434 led the Pledge of Allegiance. INVOCATION: Youth Pastor Garett Rice, Diamond Canyon Christian Church, provided the Invocation. ROLL CALL: Council Members Chou, Low, Lyons, and Mayor Pro Tern Tye and Mayor Herrera. APPROVAL OF AGENDA: As presented. Packet Pg. 13 6.1.b NOVEMBER 19, 2019 1 2. M 4 5. PAGE 2 CITY COUNCIL SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 City Council Members and Anthony Duarte, CEO, Regional Chamber of Commerce, San Gabriel Valley honored 29 restaurants for their participation in Diamond Bar Restaurant Week. Winners of the raffle were drawn and announced by Council Members. 1.2 C/Low proclaimed Saturday, November 30, 2019 as Small Business Saturday and City Council Members presented the proclamation to Anthony Duarte. 1.3 Presentation of Mr. San Antonio College's annual report by Dr. Manuel Baca, Dr. Bill Scroggins, Jill Dolan and Judy Chen Haggerty. CITY MANAGER REPORTS AND RECOMMENDATIONS: None PUBLIC COMMENTS: Pui-Ching Ho spoke about programs and events taking place at the Diamond Bar Library during Native American Heritage month. She invited residents to visit the library's website at https://Iacountylibrary.org/diamond-bar-library/ for additional programs and information and noted that many library events are co -sponsored by The Friends of the Library. Dave Reynolds, President, Cimarron Oaks 8 Homeowners Association, spoke about an incident in which an Edison contractor encroached into private property without permission. He is very thankful for the City's immediate response to him and was told that the Public Works Department will institute a policy going forward to require any contractor working a project on the public right-of-way who needs to encroach into private property, that they provide the City with the necessary contact information for confirmation. Eric Reese asked for future consideration of a proposal to help make the City more resilient to extreme temperatures to help quality of life while reducing health care costs and roadway costs for the City by partnering with the County and State in looking into the possibility of porous reflective pavements as the preferred roadway material in the City and for potential regulations in future building development. Chauncey Snyder said he would like to see the City initiate a program to help the homeless and poverty stricken. RESPONSE TO PUBLIC COMMENTS: None Offered. SCHEDULE OF FUTURE EVENTS: 5.1 Planning Commission Meeting — November 26, 2019 — Canceled. Packet Pg. 14 6.1.b NOVEMBER 19, 2019 PAGE 3 CITY COUNCIL 5.2 Thanksgiving Holiday — Offices closed Thursday, November 28 and Friday, November 29, 2019 in observance of Thanksgiving. City offices reopen on Monday, December 2, 2019 at 7:30 a.m. 5.3 Parks and Recreation Commission Meeting — November 28, 2019 — Canceled. 5.4 Diamond Bar Holiday Ride — Beginning Friday, November 29, 2019 and continuing through January 1, 2020. Riders must be 18 years of age or older and can schedule a trip within the City for restaurant visits and local shopping for no charge. Proof of residency is required. 5.5 Shop Small Business Saturday — November 30, 2019. 5.6 City Council Meeting — December 3, 2019, 6:30 p.m., AQMD/Government Center Auditorium, 21865 Copley Drive. 6. CONSENT CALENDAR: C/Lyons moved, C/Low seconded, to approve the Consent Calendar as presented. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chou, Low, Lyons, MPT/Tye, M/Herrera NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 6.1 APPROVED CITY COUNCIL MEETING MINUTES: 6.1a REGULAR MEETING OF NOVEMBER 5, 2019 — as presented. 6.2 RECEIVED AND FILED COMMISSION MINUTES: 6.2a PARKS AND RECREATION COMMISSION MINUTES OF SEPTEMBER 26, 2019. 6.3 RATIFIED CHECK REGISTER DATED OCTOBER 31, 2019 THROUGH NOVEMBER 13, 2019 TOTALING $811,759.31. 6.4 ADOPTED RESOLUTION NO. 2018-38 AUTHORIZING STAFF TO SUBMIT A SB 1 PLANNING GRANT PROGRAM APPLICATION TO THE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT. 6.5 TRANSMITTED THE FISCAL YEAR 2018-2019 COMPREHENSIVE ANNUAL FINANCIAL REPORT. 6.6 APPROVED TRANSFER OF CERTAIN SURPLUS PROPERTY TO ANOTHER PUBLIC AGENCY AND A NOT -FOR -PROFIT ORGANIZATION. Packet Pg. 15 6.1.b NOVEMBER 19, 2019 PAGE 4 CITY COUNCIL 6.7 ORDINANCE NO. 02(2019) AMENDMENT TO DIAMOND BAR MUNICIPAL CODE SECTIONS 2.32.040(G), 2.36.040(G) AND 2.40.040(G) REVISING COMMISSION MEETING TIMES AND ACCOMPANYING RESOLUTION NO. 2019-39: A. APPROVED FOR SECOND READING BY TITLE ONLY, WAIVE FULL READING, AND ADOPT ORDINANCE NO. 02(2019) AMENDING DIAMOND BAR MUNICIPAL CODE SECTIONS 2.32.040(G), 2.36.040(G), AND 2.40.040(G) PROVIDING FOR COMMISSION MEETING TIMES TO BE SET BY RESOLUTION OF THE CITY COUNCIL; AND, B. ADOPTED RESOLUTION NO. 2019-39 MODIFYING THE PARKS AND RECREATION AND THE TRAFFIC AND TRANSPORTATION COMMISSION MEETINGS FROM MONTHLY TO BIMONTHLY (EVERY OTHER MONTH) EFFECTIVE JANUARY 1, 2020. 6.8 APPROVED NOTICE OF COMPLETION FOR THE PANTERA PARK WALKWAY LIGHTING PROJECT, PROJECT #24917. 7. PUBLIC HEARING(S): 7.1 GENERAL PLAN AMENDMENT, ZONE CHANGE, CONDITIONAL USE PERMIT, TENTATIVE PARCEL MAP NO. 82066, DEVELOPMENT REVIEW, PARKING PERMIT AND COMPREHENSIVE SIGN PROGRAM FOR BREA CANYON BUSINESS PARK, 850 S. BREA CANYON ROAD, DIAMOND BAR, CALIFORNIA (PLANNING CASE NO. PL 2017-169). SP/Lee presented staff's report regarding request for approval of a new commercial development consisting of a 109 room four-story Hilton Hampton Inn and Suites Hotel, a 47,642 square foot three-story professional office building, and an 8,900 square foot one-story medical office building. She explained there are seven entitlements associated with this request: A General Plan amendment to change the Land Use designation from Professional Office to General Commercial, a Zone change to change the Zoning District from Light Industry to Regional Commercial Planned Development Overlay Zone, a Conditional Use Permit to approve modifications to the building height limit to allow a 64 foot high four-story hotel and a 55 foot high three-story office building where 35 feet is the maximum allowed, reduce the parking requirement to allow 289 spaces where 299 is required per code, and deviate from the parking size by reducing 53 parking spaces to allow for 8'x16' compact spaces where 9'x19' is required. A Tentative Parcel Map is also being requested to subdivide the subject property into four lots and create air space condominiums subdivisions for the two office buildings. A Development Review is requested to approve the site and architectural design of a new commercial development, a Parking Permit is required to Packet Pg. 16 6.1.b NOVEMBER 19, 2019 PAGE 5 CITY COUNCIL share access and parking between the proposed parcels, and a Comprehensive Sign Program establishes the design criteria to provide for consistent signage. The project site is on a 5.7 acre vacant parcel that operated as a RV and boat storage use until June 2019. The project is designed to comply with all of the City's development standards in the proposed C-3 Zone with the exception of the building height limit and parking requirements. The Planned Development Overlay Zone allows for these modifications and is deemed to be the best layout due to the size and configuration of the lot. The site has 95 existing mature trees, none of which are native or protected. According to the Arborist's report, five are dead and the other 90 are in poor condition. Consequently, all 95 trees will be removed with a total of 221 new trees to be planted throughout the site. Although the existing trees located along the north property line adjacent to the county flood channel are to be removed, the applicant will be planting a double row of 36-inch box Mondale Pine and Brisbane box trees to provide screening for the residences on Lycoming and Dryander Drive. Additionally, the Caltrans owned land directly adjacent to the southern boundary that runs parallel to the existing SR60 freeway westbound off ramp will be landscaped with a variety of shrubs and irrigated to provide an attractive visual statement from Brea Canyon Road and will be maintained by the applicant. Access to the site is provided by an un-signalized right turn in utilizing a deceleration lane and a right turn out driveway on Brea Canyon Road. The project's frontage will incorporate streetscape theme elements as a continuation of the enhancements completed at the corner of Diamond Bar Boulevard and Grand Avenue with features such as street trees, decorative interlocking pavers, and theme rails. At the beginning of the application review process, the applicant hosted a community meeting on February 22, 2018 that was attended by approximately 30 residents. Based on feedback from the meeting, the project was redesigned to address those concerns by locating the tallest building toward the southern portion of the lot to avoid privacy issues and shadow impacts to neighboring residential homes. The perimeter of the site is appropriately screened with landscape buffering on all sides including large 36-inch box double row of trees along the flood control channel. Staff and applicant explored shared access between the project and the Farmer Boys site. Several site plans with different building placement and driveway access were provided and circulation and parking layouts were analyzed. Unfortunately, an agreement could not be reached with Farmer Boys due to the site constraints and circulation issues with the proximity of Packet Pg. 17 6.1.b NOVEMBER 19, 2019 PAGE 6 CITY COUNCIL the existing drive -through lane and driveway on Lycoming. After many iterations, the proposed project now reflects input from City staff and consultants, and addresses residents' concerns raised during the community meeting. SP/Lee displayed a rendering of the four-story hotel building facing the parking lot. The buildings are designed with a contemporary modern architectural theme, facades articulated with changes in roof height, wall planes, window composition, and materials and colors to break up the vertical massing and flat walls. SP/Lee displayed a rendering of the three-story office building showing architectural elements and features that are consistent for all three buildings in providing a unified and cohesive design. SP/Lee displayed a front and rear elevation rendering of the one-story medical office building with a rendering of the rear of the building that faces Brea Canyon Road. The freeway mainline is located approximately 30 feet higher than the site with the heights of the hotel and three-story office buildings, and by placing these buildings along the southern boundary a portion of the freeway will be screened from a number of homes along Dryander and Lycoming. A raised landscape central median will be constructed along Brea Canyon Road in order to prevent vehicles from turning left exiting the site as well as, preventing those traveling southbound along Brea Canyon Road from turning left into the site. Other traffic improvements include restriping the northbound approach to westbound Lycoming Street along Brea Canyon Road to provide an additional exclusive westbound left -turn lane and, to accommodate the second left -turn lane, the existing westbound Lycoming Street will be restriped for two receiving lanes. The existing eastbound Lycoming Street shared left -through right -turn lane will also be restriped to provide an exclusive left turn lane and shared -through right turn lane. The implementation of these improvements may require some modification to existing traffic signal equipment which will be implemented at the applicant's expense. The existing roadway condition at the intersection of Brea Canyon Road at Lycoming Street is currently operating at an acceptable Level of Service (LOS) in the am peak hours at LOS D and at unacceptable Level of Service in the pm peak hours at LOS E. With the proposed traffic improvements, the LOS will result in an acceptable Level of Service during the am and pm peak hours at LOS D. An example of where similar project mitigation improved existing traffic conditions is at the Willow Heights Development near the corner of Brea Canyon Road and South Diamond Bar Boulevard. Prior to development of the Willow Heights project, the traffic flow on Brea Canyon Road at Diamond Bar Boulevard was Packet Pg. 18 6.1.b NOVEMBER 19, 2019 PAGE 7 CITY COUNCIL congested. Lennar Homes, project developer, was required to restripe northbound Brea Canyon Road at Diamond Bar Boulevard to provide a dedicated second dedicated right -turn lane. While the development of 182 new homes generated additional daily trips in the area, the constructed traffic mitigations noticeably improved the traffic flow at that intersection. In the proposed project, the applicant will also be required to pay fair - share traffic mitigation fees in the amount of $846,910 which will contribute toward future capital improvements needed at eight (8) intersections in the vicinity of the project to mitigate cumulative traffic impacts. The project will provide the following benefits to the community: Allow for productive use of underutilized property, help fulfill the areas demand for additional hotel rooms, provide employment opportunities to the area's existing labor force improving the City's jobs/housing balance, provide traffic improvements on Brea Canyon Road that will improve traffic flow in the area, provide high quality architecture and significant landscape improvements including a net increase and, provide streetscape improvements to expand the City's beautification program and upgrade the Caltrans off ramp with landscape enhancing one of the City's entry points. Staff prepared an initial study and Mitigated Negative Declaration with the project design and 22 mitigation measures showing the environmental impacts to be less than significant. The Mitigation and Monitoring Program is a condition of project approval and is attached to the first Resolution recommending approval of the Mitigated Negative Declaration. On October 30t" the Planning Commission conducted a Noticed Public Hearing and by a vote of 4-1, the Commission recommended that the City Council approve the project. M/Herrera opened the Public Hearing at 7.50 p.m. and asked the applicant/project team if they wished to speak on this matter. Preston Chen, Executive Development, Project Manager for Brea Canyon Business Park thanked the City Council for taking the time to review the project. Executive Development is a commercial real estate developer located in Cerritos and experienced in hotel, retail, industrial and mixed - use and office development. It has been a pleasure to work with City staff on this project as well as, past projects in the City. Staff has been very responsive and thorough and after going through this process, his firm knows it will be delivering a wonderful project for the City of Diamond Bar. His firm has been working on this project for a number of years and has been very diligent in studying the various uses as well as, conducting many feasibility studies and hosting a neighborhood seminar for the community to hear residents' concerns. He counted 20 different site plans Packet Pg. 19 6.1.b NOVEMBER 19, 2019 PAGE 8 CITY COUNCIL that had been designed, eight of which were submitted. He addressed comments made during the Planning Commission's public hearing and said he heard a lot of concerns about traffic congestion in the area, and the proposed mitigation measures will actually improve the existing traffic conditions. As the voluminous Traffic Report indicates, engineers spent a great deal of time going through all of the different scenarios to make sure that any impacts from the development have been mitigated. The studies were conducted by Executive Development's traffic engineer who is present this evening and were reviewed by staff and a third party traffic consulting firm as well. The development will be responsible for the construction of the immediate intersection plans and paying a fair -share of approximately $850,000 for future improvements. This project is intended to fill a need for hospitality and office in the City of Diamond Bar. Due to the high cost of construction, such projects as this are few and far between compared to other types of development, and this lack of supply has forced many businesses to go elsewhere to find office space. Vacancy is very low in the City of Diamond Bar and this project looks to bring businesses back to the City and provide them with the opportunity to purchase rather than lease their own office spaces by subdividing the building into office condos. Business owners are generally motivated to own so that they can invest in their space and put money into it without facing annual rental increases or lease expirations. As for the hotel, Hampton Inn is Hilton's most popular franchise and is arguably the most recognizable in the US. Executive Development is very fortunate to have secured the franchise and has paid the very expensive franchise fees in order to bring the Hilton brand to the City of Diamond Bar, which his firm believes will be a very good fit for the community at this location. He again thanked the City Council, staff and community for consideration of this project. Ervon Shake said he and his neighbors have concerns about this project regarding privacy. The four-story hotel overlooks the entire backyard and in one instance, the front yard of residences and if someone goes to the rooftop of the hotel he believes they can see the backyard of all of his neighbors. They are also concerned about construction noise and lights from vehicles as well as, noise of mechanical systems. He feels the screening is inadequate to screen the buildings from the residences. Supardi Dermawan lives on Lycoming and his immediate concern is the traffic and people making U-turns. He does not agree with the traffic study indicating an improved level of service with the project. Although he is not opposed to nor is he supporting the project, he feels development is good for the City and development of that corner from its present use is good. He is also concerned with air quality. Mir Salfullah who has lived in the area for 40 years spoke in opposition to the project. Packet Pg. 20 6.1.b NOVEMBER 19, 2019 PAGE 9 CITY COUNCIL Chris O'Brien spoke in support of the project and wanted the Council to make the best decision on behalf of all residents. He spoke about the benefits of a Hilton Hotel to his family, most of whom live overseas as well as, the tax benefits to the City. He also elaborated on the benefits of office condos to his friends and business associates. R. Lee Paulson said there are unhappy residents in the audience, many of whom are scared about the traffic issues and asked that Council do something to help them. Most people coming off of southbound Brea Canyon are train riders which takes the traffic off of the freeway and onto the City's streets and if this could be mitigated he believes it would make the residents feel a lot better. In addition, if there were mixed use businesses in the immediate area, people could walk to restaurants and other services and not have to drive on the streets. Michael Chen said he has seen many changes in the state throughout the years and believes Diamond Bar is moving in the right direction with respect to its retail development decisions. He believes this project will be a great economic plus for the City and that it will provide a direct value to home values throughout the City with more jobs and greater demand for housing. Charlene Lo stated her support for the Brea Canyon Business Park. Her family and friends who live out of state and out of the country visit her several times a year and would love to stay at a new hotel. Jim Hays asked the City Council to reconsider what he called "this unjust" development project because it includes a 64 foot high, four-story 109 room hotel which, in his opinion, would offer little or no benefit to adjacent residents. A mixed -use project, in accordance with the City's General Plan, would be much more beneficial. Grace Lim -Hays spoke in opposition to the project and urged the City to fully address the significant safety issues and traffic impacts prior to considering approval. James Lee expressed his support for the project which he believes will benefit the residents in accommodating their out-of-town guests. In addition, he is looking to purchase an office condo for his business and this project will provide him that opportunity. He loves Diamond Bar and is confident this project will bring the City to a new level in the future. Steven Seis lives across the street from the RV storage center and his backyard faces Brea Canyon. During the 20 years he has lived in the area, traffic has become his nightmare. Many area residents park their vehicles on Lycoming and he cannot imagine what would happen when a lane is added to the street. At 9.00 am and 3.00 pm Lemon Avenue is Packet Pg. 21 6.1.b NOVEMBER 19, 2019 PAGE 10 CITY COUNCIL very congested and traffic is stuck in place for 15 to 20 minutes if a train comes through. Children inhale bad air and they are at risk because of bad drivers. As such, he is opposed to the project and feels the parcel could be put to better use. He is happy that the storage is gone but feels there is already too much traffic in the area. Dale McCurry said he is in favor of the light commercial but opposes the hotel. He asked if traffic heading down Currier Road, coming around Lemon and back onto Lycoming jamming traffic at Brea Canyon Road had been studied. He has called the Sheriff's Department to patrol the area. Adam Oppenstein lives in Hampton Court townhomes. Many of his concerns have been addressed. However, he travels a lot for work and is a Hilton Honors Diamond Member and probably stays at 20-25 Hampton Inns during a 12 month period. Hampton Inn is not a high service level hotel and tends to have minimal staff and self -parking. He has observed that every Hampton Inn has a separate entrance and exit and he is concerned that the project hotel will have only one way in and out because of delivery trucks, cleaning facilities, etc. Also, buses pull in during the night with large groups as well as, many RV's and he has not observed many compact cars visiting the Hampton Inns. He feels it is a bit aggressive to build medical/office buildings and a hotel on the same piece of land. Marita Almeida is very concerned about the safety of her three young children who she says she can no longer allow to walk to school. Chauncey Snyder has lived in Diamond Bar for 40 years and remembers when coming home was like going to the country. He lives very close to the proposed project and is not against development, but is concerned whether the community is coming together harmoniously. He questioned the Environmental Impact Report findings and whether it addressed such issues as congestion, climate change, etc. The traffic has increased significantly over the past five years and it is nearly impossible to get from Lemon Avenue to Brea Canyon to Golden Springs at certain times of the day. As a property appraiser, he questions whether this project was the highest and best use of the site. Aman Berhane, Dryander Drive, said he is opposed to the project for many of the reasons stated by his neighbors and is primarily concerned about the safety of the school aged children who walk to school. M/Herrera closed the Public Hearing at 8.45 p.m. C/Chou said he hears the concerns of the residents and appreciates everyone coming out to state whether they oppose or support the project. He does not believe anyone is opposed to some sort of development, but Packet Pg. 22 6.1.b NOVEMBER 19, 2019 PAGE 11 CITY COUNCIL rather, what kind of development and how traffic, crime, pollution and other concerns can be mitigated. He visited the site this afternoon and walked through of the intersection. On Brea Canyon Road proceeding northbound toward Walnut, there is a Discovery Montessori School on the left, and based on his experience, many people take Brea Canyon Road and make a left turn into that school. He asked how the median that is proposed to be built will affect that left turn in and asked if there would be a left turn in lane for people to get to the school. If not, drivers would have to proceed north, and make a U-turn near Washington to get back to the school. Rich Barretto, Principal, Linscott, Law & Greenspan Engineers, responded to C/Chou that the proposed median on Brea Canyon road does not extend beyond what is in place currently so the left turn access will be maintained at Montessori. C/Chou asked how the addition of the left turn lane from Brea Canyon Road onto Lycoming would play into the turn once a person turned onto Lycoming and if the two lanes would eventually merge. Mr. Barretto said the two lanes would eventually merge. The concept plan shows graphically how those dual lefts could be accommodated and ultimately show what would happen on Lycoming at some point prior to or beyond Pinefalls where vehicles would merge into a single lane because Lycoming continues to Lemon Avenue as a single lane in each direction. The benefit of the improvement at this time is that there are heavy traffic movements in the morning now, most likely because people are heading for schools and services so, it is over capacity for a single left turn lane at this point and adding a second left turn lane obviously improves the intersection operations and adds capacity. If that second left turn lane was installed today it would definitely improve the overall operating condition for that intersection as it currently exists. C/Chou asked how this would affect residents' curb parking for those who live on the south side of Lycoming. Mr. Barretto responded that as it stands now, there is a restriction of parking on the concept plan. Again, this is a concept plan and he has heard the issues about parking. On the north side of Lycoming there is no parking between Brea Canyon and Pinefalls, and for about 200 feet on the approach side, it is striped as red curb. Beyond that, there is parking along the residential area and under this concept it would show a restriction of park. As concerns are voiced this evening and if this project does go forward, everything that the team has heard will have to be considered in the final design as the project proceeds through the City for construction documents, etc. Packet Pg. 23 6.1.b NOVEMBER 19, 2019 PAGE 12 CITY COUNCIL C/Chou said that for those traveling northbound on south Brea Canyon Road he felt the median would prevent vehicles from turning left into the property to which Mr. Barretto responded "absolutely." C/Chou then asked how if people would have to drive past the freeway and make a U- turn on Golden Springs to get back to the project entrance. Mr. Barretto explained that traffic is very dynamic and human behavior is very hard to model, but given this is a hotel and once guests arrive they will know how to arrive, and once employees know how to arrive they will know that they can approach from the south and make a right -turn in and depart to the north. It is the same thing for residents in any neighborhood. As traffic and congestion build there are multiple ways into and out of a neighborhood. In this case, with the restriction of a right-in/right-out, any employee of the medical and office component would know they would have to approach from the south to make a right -turn in, and if they are coming from the north they would likely have to rework their way accordingly knowing they cannot make a left turn into the project site. C/Chou said that a resident was concerned about one way in and one way out as being insufficient to accommodate delivery trucks, guests, etc. and asked how that traffic flow would be mitigated. Mr. Barretto responded that as part of SP/Lee's initial presentation, the project went through multiple iterations of site plans that looked at even at joint access to the Farmer Boys which obviously was not able to be worked out. There will not be access via an off ramp from the freeway because Caltrans will not allow it, and there is no other access off of Lycoming through the residential area and that leaves one location which is Brea Canyon. In the planning process, the best is made of that and the entry is designed to be free -flow right turn in and well throated and designed so that vehicles have to go a 100 feet or so before drivers can decide whether to make a left or a right turn. With the right turn out there is less conflict because there is no left turn out which would create congestion with cars waiting to make that move. They studied the entrance/exit and found that it is more than adequate to accommodate the type of traffic envisioned for a hotel and for a medical office/office which are complimentary uses that do not peak at the same times of the day and are actually counter flow. MPT/Tye asked Mr. Chen to speak to the "privacy" concern voiced by many of the speakers and whether any consideration had been given to putting up a block wall to help with privacy and if that could be done would it make the situation better or worse because there are only homes on one side of Dryander that would be looking into it. Packet Pg. 24 6.1.b NOVEMBER 19, 2019 PAGE 13 CITY COUNCIL Mr. Chen said they looked at multiple options for that side and he believes there was a diagram/cross section that illustrated it best. There are two rows of trees and shrubs at the end to block the light and the trees should sufficiently cover the neighbor's yards. He showed the diagram with a view from the top of the hotel down into the homes which shows that as the view moves downward view of the homes is completely lost. C/Lyons asked how tall the trees will be and MPT/Tye asked whether they would be mature trees and not saplings. Roger Deitos, GAA Architects, explained that many of the existing trees on the site are on the channel which is actually an easement where they should not have been planted and for the development, those trees have to be removed. Due to lack of maintenance, the condition of the trees is poor and some are also diseased. Because those trees are being removed, the plan is providing two rows of trees that are laced in a diamond pattern to create greater density. The size of the trees in certain areas are required to be larger 36 inch box trees and in other locations, the remainder would be 24 inch box trees. These are more mature trees and based on the type of tree, the Mondale Pine and Brisbane Box, afford larger canopies. The size of the trees will be 15 to 20 feet high at planting with the ultimate height being 30 or so feet. There will also be low shrubs (3 feet tall) which are mandated as part of the screening of automobile lights. This will be provided on the channel side portion of the property so that from a visual standpoint, no lights will be visible at night. From a height standpoint, the measurement is from the top of the parapet or mechanical screen for each of those buildings. For the three story building, the height of the glass is likely in the 33-36 foot range. The hotel is taller due to the mechanical screening and architecture. Floors are 10 feet high which puts the window height in the range of 45 feet. He provided a rendering of the office building demonstrating the views from the third level looking through the parking lot. Block walls were explored when a different use was explored for retail and drive -through, which was modified due to noise and traffic because those types of uses generated greater traffic intensity depending on the hours when compared to the hotel/office and medical office uses. The only two residences that are impacted at the knuckle of the street as one comes down Lycoming to Dryander are at the back yard of the property. From a noise standpoint, the biggest component is placement of the buildings next to the freeway that will act as a buffer. Both buildings will absorb much of the sound that would normally pass through the site to the residences to the north. In addition, placement of the hotel facing south to the freeway, so that from a visual standpoint, there are no windows facing into the western portion across Brea Canyon. For the hotel use, core elements of circulation stairs are at the very end of the hotel where there are minimal windows so privacy issues for residents to the west would be minimal, if any. The one story building is fairly small with no visual to the northwest. So, placement Packet Pg. 25 6.1.b NOVEMBER 19, 2019 PAGE 14 CITY COUNCIL of the buildings create a noise buffer and visual buffer. From an orientation standpoint, this turned out to be the most effective way to address the site. It is very difficult in any triangular site with one access to be able to make the access meet the parking, and fire circulation demand, and this is a very well thought out plan with respect to placement of the buildings and location of the landscaping and where the parking is being provided that addresses those issues. MPT/Tye asked for a visual of a 36-inch box tree. If the intent is to mitigate the office and hotel uses, it seems to him that needs to happen at the point of completion of construction and he does not believe a 36-inch box tree would provide the proper mitigation. Mr. Deitos said the 36-inch box will provide a bigger canopy from day one compared to a standard a 15-gallon tree. They have been asked to upgrade the trees considerably along that property line and Mr. Deitos believes that based on the type of species that are being used and will be maintained, those trees will do very well and adequately screen the property line. And, in a couple of years the screening will be quite substantial. MPT/Tye asked if Mr. Deitos was of the opinion that without regard to cost, would a block wall be advisable for the neighborhood. Mr. Deitos said that he can see benefits to the western side but not so much when you are fronting a street and the front yard of residences because there is already traffic in front of those residences. M/Herrera asked CA/DeBerry if Items C-F could be taken with one action or if separate action was required for each of the items. CA/DeBerry responded that the actions should be taken separately. C/Lyons moved, M/Herrera seconded, to adopt Resolution No. 2019-40 approving the Mitigated Negative Declaration and adopting the Mitigation Reporting and Monitoring Program. Motion carried by the following vote: AYES: COUNCIL MEMBERS NOES: COUNCIL MEMBERS ABSENT: COUNCIL MEMBERS Chou, Low, Lyons, MPT/Tye, M/Herrera None None MPT/Tye asked staff to explain Item D to the audience with respect to land use designation. CM/Fox explained that the proposed change from Office to Commercial in the General Plan is being done to accommodate the hotel development. Packet Pg. 26 6.1.b NOVEMBER 19, 2019 PAGE 15 CITY COUNCIL MPT/Tye moved, C/Chou seconded, to adopt Resolution No. 2019-41 approving General Plan Amendment to change the existing land use designation from Professional Office (OP) to General Commercial (C). Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS NOES: COUNCIL MEMBERS ABSENT: COUNCIL MEMBERS Chou, Low, Lyons, MPT/Tye, M/Herrera None None C/Lyons moved, C/Low seconded, to introduce for first reading by title only, waive full reading of Ordinance No. 03 (2019) approving a Zone Change to change the existing zoning from Light Industry (1) to Regional Commercial -Planned Development Overlay (C-3-PD), and schedule the second reading and adoption at the next regularly scheduled City Council meeting. City Manager Dan Fox read the title of the ordinance into the record. Motion carried by the following vote: AYES: COUNCIL MEMBERS: Chou, Low, Lyons, MPT/Tye, M/Herrera NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None MPT/Tye moved, M/Herrera seconded, to adopt Resolution No. 2019-42 approving Conditional Use Permit, Tentative Parcel Map No. 82066, Development Review, Parking Permit and Comprehensive Sign Program based on the Findings of Fact, and subject to the Conditions of Approval contained therein. Motion carried by the following vote: AYES: COUNCIL MEMBERS: Chou, Low, Lyons, MPT/Tye, M/Herrera NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None RECESS: M/Herrera recessed the City Council Meeting at 9:14 p.m. RECONVENE: M/Herrera reconvened the City Council Meeting at 9:21 p.m. 7.2 ADOPTION OF THE 2019 CALIFORNIA BUILDING STANDARDS CODES (TITLE 24 C.C.R. PARTS 2, 2.5, 3, 4, 5, 10, AND 11) WITH LOCAL AMENDMENTS. BO/Tao provided staffs report stating that the building codes are being adopted for local conditions of the City and specifically relate to the State Building Codes that Diamond Bar must adopt locally that are specific to this area. The State has adopted a number of changes which are Packet Pg. 27 6.1.b NOVEMBER 19, 2019 1.1 0 PAGE 16 CITY COUNCIL mandated throughout the State of California. At the same time, the City has say with respect to the local amendments. The State included an interpretation that the local jurisdiction should handle all of the pool barrier requirements which can be found in attachment #3 which describes that "the City should be the one that makes the determination of local amendments". In looking at the bulk of the modifications to the ordinance, they are mostly for the pool requirements which is verbatim what is listed in the 2016 California Building Code with no change and remains as currently written. He included the redline copy for Council's review as well as items related to strengthening the wording of Flood Hazards which are in the code. The Energy Code is a very big item within the Building Code which is mandated by the State and includes things such as solar panel ordinance requirements for installation on single family homes as a State requirement. The City has no say with regard to this requirement but notes that it has become a matter that is somewhat difficult for people to handle in many cases. M/Herrera opened the Public Hearing at 9:25 p.m. With no one present who wished to speak on this item, M/Herrera closed the Public Hearing at 9:26 p.m. C/Lyons moved, C/Chou seconded, to introduce first reading by title only, waive full reading of Ordinance No. 04 (2019) and set the matter for public hearing, second reading, and adoption at the December 3, 2019 City Council meeting. BO/Tao read the title of the Ordinance. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: COUNCIL CONSIDERATION: None Chou, Low, Lyons, MPT/Tye, M/Herrera None None COUNCIL SUBCOMMITTEE REPORTS AND MEETING ATTENDANCE REPORTS/COUNCIL MEMBER COMMENTS: C/Chou reiterated his appreciation for the feedback and residents in the area of the proposed project. He and his colleagues do not take their decision -making responsibilities lightly. He personally walked the neighborhood and the project team was able to address most of his concerns about traffic, and privacy. This is the 22nd design of the project and he knows that the applicant has heard the residents. It is up to Council to make decisions for the greater good of the community and the Council has done so accordingly, based on the studies and processes that are in place. C/Chou said he believes this is a project that will benefit the City as a whole. He and his colleagues attended the Veterans Recognition on November 7t" and he and MPT/Tye attended Lorbeer Middle Packet Pg. 28 6.1.b NOVEMBER 19, 2019 PAGE 17 CITY COUNCIL School's 50t" Anniversary Celebration. He congratulated Basically Books on their 20t" Anniversary. The Diamond Bar Foundation Gala was a lot of fun. With the upcoming holidays, D134-Youth is collecting canned foods at the City Hall, Library and other venues as well. Please support the community by participating and donating to this worthwhile project. C/Low adopted and supported all of C/Chou's comments and statements regarding the Brea Canyon Business Park project. She too, does not make decisions lightly. Staff presented a very long and in depth report and understanding it, listening to speakers and comments by City staff and the project team, she appreciates their outreach and changes to the project in response to those comments and concerns. She drives by that area 10 times a week to ride the train and sees the area in the morning and in the evening when she returns to Diamond Bar. She is well aware of the traffic patterns, right turns and left turns and she believes the City has done a really great job mitigating some of the traffic by moving trucks off of Brea Canyon over to Lemon Avenue which has helped the situation. Ultimately, she believes there has to be a change in traffic behavior. People need to drive slower, make their lane changes ahead of time and be considerate of other drivers. Considering that spot is now an empty lot, and previously a storage lot that was disgusting and ugly and harbored vermin and other undesirables. Thinking about what is going in compared to what has been there, she believes everyone will agree that it will be so much better. Resident's concerns have been heard and the City will make every effort to mitigate those concerns. As the project moves forward and the trees grow, it will all work to the good of the area. Thanks to the residents for their input. Thanks to staff for a great Veterans Day Celebration which was enjoyed and appreciated by the community. She thanked those who served for their service to this country. She wished everyone a Happy Thanksgiving. What a great time of year and what a great City we have and what a great country we live in. We have so much to be thankful for. Let this be a time of celebration of your family and friends and the freedoms we all enjoy. C/Lyons said she agreed with everything that her colleagues said and reminded everyone that the ugly old RV storage lot was never owned by the City of Diamond Bar. It belonged to a private entity and the City cannot tell the owner that they have to turn it into a park or a movie theater or whatever. And she does believe it is getting the best and highest use and will provide opportunities for residents and good job opportunities during and after construction. The Council does not take these decisions lightly and she is sorry the Council could not make everyone happy, but there were certainly people on both sides of the issue. She congratulated FD/Honeywell. The Government Finance Officers Association awarded a Certificate of Achievement for Excellence in Financial Reporting to the City once again, due to the excellent work of FD/Honeywell and her staff. She thanked staff for a great Veterans Day event, one of her two favorite events of the year. The best part was seeing the veterans with their families enjoying the music and presentations. She also attended the 20t" Anniversary Celebration of Packet Pg. 29 6.1.b NOVEMBER 19, 2019 PAGE 18 CITY COUNCIL Basically Books and while it was 3 hours long, at least 225 people attended according to her husband who cooked just over 225 hot dogs! She wished everyone a wonderful Thanksgiving. MPT/Tye said he hoped everyone would participate in Small Business Saturday on November 30t". While Massage Envy and CrossFit might be national chains, they are run by local franchise owners, so when one thinks about small business there are an abundance in the City and he hoped they would all be visited on that day and every day. The Veterans Day Celebration was wonderful as it always is and it is one of his favorite City events as well. South Pointe Middle School orchestra was incredible. Lorbeer's 50t" Anniversary was terrific. Ms. Fairley is doing a great job. She is the school's 12t" Principal and initiated the celebration for which Diamond Bar is grateful. He attended the 16t" Annual Diamond Bar Foundation Gala last Saturday which was a very good event. For those who are not familiar with the Diamond Bar Community Foundation, Google it or go to www.thedbcf.org. The Foundation is benefiting education, arts, scholarship for kids in sports, etc. and he encouraged folks to get involved and help with fundraising as well as, seek the help of the Foundation, if needed. He hopes everyone will have a very Happy Thanksgiving next week. We have so much to be grateful for. We are very fortunate to live where we live and let us have a wonderful and blessed Thanksgiving. He asked that tonight's meeting be adjourned in memory of Dennis Merrill, a long time Diamond Bar resident who was very involved in the Volunteers on Patrol and in his church. Years ago Dennis lost a hand during an off road vehicle accident in Baja and it was with a twinkle in his eye that he loved to tell people that he needed to leave group meetings because he was on his way to work as a hand model. He spent many years modeling for prosthetics to train young people coming up in the field which genuinely impacted hundreds if not thousands of students in the Cal State University system. Thoughts and prayers are extended to his wife, Linda and his children. M/Herrera said it had been an eventful couple of weeks as addressed by her colleagues. She thanked staff for putting many of those events together. Diamond Bar Restaurant Week was quite an event. A special shout out to SMA/Lopez who was everywhere and somehow brought Yelp to a big event at Encore Teppan. Also, a special shout out to C/Lyons and C/Chou for "most meals in a day" honors and "most restaurants visited" honors. It was a fun time and she hopes the community remembers to continue visiting these different restaurants throughout the year. ADJOURNMENT: With no further business to conduct, M/Herrera adjourned the Regular City Council Meeting at 9.39 p.m. in memory of Dennis Merrill. Signatures on the following page. Packet Pg. 30 6.1.b NOVEMBER 19, 2019 PAGE 19 CITY COUNCIL Respectfully submitted, Kristina Santana, City Clerk The foregoing minutes are hereby approved this 3rd day of December, 2019. Mayor Packet Pg. 31 6.2 Agenda #: 6.2 Meeting Date: December 3, 2019 CITY COUNCIL AGENDA. REPORT 7,1 TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager J TITLE: RATIFICATION OF CHECK REGISTER DATED NOVEMBER 14, 2019 THROUGH NOVEMBER 27, 2019 TOTALING $1,486,463.80. STRATEGIC GOAL: Responsible Stewardship of Public Resources RECOMMENDATION: Ratify the Check Register. FINANCIAL IMPACT: Expenditure of $1,486,463.80. BACKGROUND/DISCUSSION: 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. The attached check register containing checks dated November 14, 2019 through November 27, 2019 totaling $1,486,463.80 is being presented for ratification. All payments have been made in compliance with the City's purchasing policies and procedures, and have been reviewed and approved by the appropriate departmental staff. The attached Affidavit affirms that the check register has been audited and deemed accurate by the Finance Director. PREPARED BY: s ".-OA W/02 Luisa len, Acca nti g ec nic n 12/312019 Packet Pg. 32 REVIEWED BY: 6.2 Paann"YHOney�w,ll, Finan irector 11/2612019 Attachments: 1. 6.2.a Check Register Affidavit 12-3-2019 2. 6.2.b Check Register 12-3-2019 Packet Pg. 33 6.2.a CITY OF DIAMOND BAR CHECK REGISTER AFFIDAVIT F The attached listings of demands, invoices, and claims in the form of a check register including checks dated November 14, 2019 through November 27, 2019 has been audited and is certified as accurate. Payments have been allowed from the following funds in these amounts: Descri tion General Fund General Plan Revision Fund Prop A - Transit Fund Prop C - Transit Fax Fund Intergrated Waste Management Fund Com Dev Block Grant Fund PEG Fees Fund LLAD 38 Fund LLAD 39 Fund LLAD 41 Fund Used Motor Oil Block Grant Beverage Ctnr Recy Grant Capital Imp Projects Fund Vehicle Maint / Repl Fund Signed: Dianna Honeywell Finance Director Amount $1, 301, 924.35 $320.00 $8,287.76 $23,032.92 $19,666.98 $6, 984.00 $8,236.00 $22,258.14 $31,151.72 $21,786.06 $960.00 $363,73 $36,274.00 $5,218.14 $1,486,463.80 Packet Pg. 34 SUNGARD PENTAMATION INC PAGE NUMBER: 1 DATE: 11/26/2019 CITY OF DIAMOND BAR ACCTPA21 TIME: 12:25:06 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date between '20191114 00:00:00.000' and '20191127 00:00:00.000' ACCOUNTING PERIOD: 5/20 FUND - 001 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION -----DESCRIPTION------ SALES TAX AMOUNT 10100 131069 11/14/19 FRANCHIS FRANCHISE TAX BOARD 001 P/R WITHHOLDING 0.00 177.50 10100 131070 11/14/19 SCE SOUTHERN CALIFORNIA EDIS 0015554 ELECT SVCS-T/CONTROL 0.00 91..03 10100 131071 11/14/19 WVWATER WALNUT VALLEY WATER DIST 1415541 WATER SVCS-DIST 41 0.00 154.06 10100 131071 11/14/19 WVWATER WALNUT VALLEY WATER DIST 0015333 WATER SVCS-DBC 0.00 380.83 10100 131071 11/14/19 WVWATER WALNUT VALLEY WATER DIST 0014093 WATER SVCS-CITY HALL 0.00 1,003.66 10100 131071 11/14/19 WVWATER WALNUT VALLEY WATER DIST 13BS538 WATER SVCS-DIST 38 0.00 1,394.60 10100 131071 11/14/19 WVWATER WALNUT VALLEY WATER DIST 1395539 WATER SVCS-DIST 39 0.00 12,328.41 10100 131071 11/14/19 WVWATER WALNUT VALLEY WATER DIST 13BS538 WATER SVCS-DIST 38 0.00 13,304.06 10100 131071 11/14/19 WVWATER WALNUT VALLEY WATER DIST 0015556 WATER SVCS-PARKS 0.00 23,051.36 TOTAL CHECK 0.00 51,615.98 10100 131072 11/20/19 ABSOSECU ABSOLUTE SECURITY INTERN 0015350 SECURITY GUARD SVCS 0.00 750.00 10100 131072 11/20/19 ABSOSECU ABSOLUTE SECURITY INTERN 0015333 SECURITY GUARD SVCS 0.00 4,293.75 TOTAL CHECK 0.00 5,043.75 10100 131073 11/20/19 ADORAMA ADORAMA 135 USE TAX 0.00 -782.42 10100 131073 11/20/19 ADORAMA ADORAMA 1354095 USE TAX 0.00 782.42 10100 131073 11/20/19 ADORAMA ADORAMA 1354095 VIDEO CAMCORDERS-P/IN 0.00 8,236.00 TOTAL CHECK 0.00 8,236.00 10100 131074 11/20/19 AIRGASUS AIRGAS USA INC. 0015350 SUPPLIES -HELIUM 0.00 727.31 10100 131074 11/20/19 AIRGASUS AIRGAS USA INC 0015556 CYLINDER ARGON 0.00 8.00 10100 131074 11/20/19 AIRGASUS AIRGAS USA INC 0015350 SUPPLIES -HELIUM 0.00 93.00 TOTAL CHECK 0.00 828.31 10100 131075 11/20/19 DANNETTE DANNETTE ALLEN 0014060 TUITION REIMB 0.00 1,500.00 10100 131076 11/20/19 ALVABRIA BRIANA ALVARADO 001 FACILITY REFUND-HRTGE 0.00 700.00 10100 131077 11/20/19 AMERPRIN AMERICAN PRINTING & PROM 0014095 PROMO ITMES-LANYARDS 0.00 1,827.54 10100 131078 11/20/19 SANTOSAN ANTHONY SANTOS 1155515 REIMB-RECYCLES DAY 0.00 109.96 10100 131078 11/20/19 SANTOSAN ANTHONY SANTOS 0014030 REIMB-MMASC CONE 0.00 156.58 TOTAL CHECK 0.00 266.54 10100 131079 11/20/19 ARCIMAGI. ARC IMAGING RESOURCES 0014070 PRINT SVCS-I.T. 0.00 4.70 10100 131080 11/20/19 BALDWINC CAROLE L BALDWIN 0015350 CONTRACT CLASS -FALL 0.00 249.60 10100 131081 11/20/19 BARRANDC BARR AND CLARK INC 1255215 HIP SVCS-1731 KIOWA 0.00 400.00 10100 131082 11/20/19 BATINJOS JOSH BATIN 001 FACILITY REFUND-DBC 0.00 1,000.00 10100 131083 11/20/19 EVERGREE ROBYN A BECKWITH 0015333 PLANT SVCS-DBC 0.00 200.00 10100 131083 11/20/19 EVERGREE ROBYN A BECKWITH 0015556 PLANT SVCS-HERITAGE 0.00 135.00 10100 131083 11/20/19 EVERGREE ROBYN A BECKWITH 0014093 PLANT MAINT-CITY HALL 0.00 325.00 10100 131083 11/20/19 EVERGREE ROBYN A BECKWITH 0014093 PLANT MAINT-LIBRARY 0.00 107.00 10100 131083 11/20/19 EVERGREE ROBYN A BECKWITH 0014093 REPLANT-C/H/LIBRARY 0.00 577.05 TOTAL CHECK 0.00 1,344.05 Packet Pg. 35 SUNGARD PENTAMATION INC PAGE NUMBER: 2 DATE: 11/26/2019 CITY OF DIAMOND BAR ACCTPA21 TIME: 12:25:06 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date between '20191114 00:00:00.000' and '20191127 00:00:00.000' ACCOUNTING PERIOD: 5/20 FUND - 001 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION -----DESCRIPTION------ SALES TAX AMOUNT 10100 131084 11/20/19 BIBLEBEL BIBLE BELIEVERS MISSIONA 001 FACILITY REFUND-DBC 0.00 100.00 10100 131085 11/20/19 BST777 BOY SCOUT TROOP 777 001 FACILITY REFUND-DBC 0.00 500.00 10100 131086 11/20/19 CASTMIRN MIRNA CASTRO 001 FACILITY REFUND-DBC 0.00 1.,200.00 10100 131087 11/20/19 CHOUAND ANDREW B CHOU 0014010 REIMB-LEAGUE CONE 0.00 176.96 10100 131088 11/20/19 CHUNJUNI JUNION CHUN 001 FACILITY REFUND-DBC 0.00 100.00 10100 131089 11/20/19 CHUNGWAN WANSEO CHUNG 0015350 CONTRACT CLASS -FALL 0.00 187.20 10100 131090 11/20/19 COLLEYFO COLLEY FORD 5205554 VEH MAINT-P/WORKS 0.00 292.06 10100 131091 11/20/19 CRUZCYNT CYNTHIA CRUZ 001 FACILITY REFUND-HRTGE 0.00 200.00 10100 131092 11/20/19 DAYNITEC DAY & NITE COPY CENTER 0014050 PRINT SVCS-CAFR 0.00 410.63 10100 131093 11/20/19 DELAPENA NICOLE DE LA PENA 001 FACILITY REFUND-PNTRA 0.00 100.00 10100 131094 11/20/19 PTMDOCUM DELUXE SMALL BUSINESS SA 0014050 PRINT SVCS-1099 FORMS 0.00 79.88 10100 131095 11/20/19 DIR DEPARTMENT OF INDUSTRIAL 0014093 INSPECTIONS SVCS-C/H 0.00 225.00 10100 131095 11/20/19 DIR DEPARTMENT OF INDUSTRIAL 0015333 INSPECTIONS SVCS-DBC 0.00 125.00 TOTAL CHECK 0.00 350.00 10100 131096 11/20/19 DIANACHO DIANA CHO & ASSOCIATES 2505510 CDBG ADMIN-ADA CURB 0.00 123.00 10100 131096 11/20/19 DIANACHO DIANA CHO & ASSOCIATES 1255215 CDBG ADMIN SVCS-AUG 0.00 123.00 10100 131096 11/20/19 DIANACHO DIANA CHO & ASSOCIATES 1255215 CDBG ADMIN SVCS-OCT 0.00 246.00 10100 131096 11/20/19 DIANACHO DIANA CHO & ASSOCIATES 2505510 CDBG ADMIN-ADA CURB 0.00 287.00 10100 131096 11/20/19 DIANACHO DIANA CHO & ASSOCIATES 1255215 CDBG ADMIN SVCS-SEPT 0.00 287.00 10100 131096 11/20/19 DIANACHO DIANA CHO & ASSOCIATES 1255215 CDBG ADMIN SVCS-JUL 0.00 328.00 10100 131096 11/20/19 DIANACHO DIANA CHO & ASSOCIATES 2505510 CDBG ADMIN-ADA CURB 0.00 656.00 10100 131096 11/20/19 DIANACHO DIANA CHO & ASSOCIATES 2505510 CDBG ADMIN-ADA CURB 0.00 656.00 TOTAL CHECK 0.00 2,706.00 10100 131097 11/20/19 DMPR4LLC DMPR 4 LLC 0014030 STORAGE RENTAL -DEC 19 0.00 1,743.00 10100 131098 11/20/19 DUAHARVI HARVINDER DUA 001 DEV DER REFUND 0.00 455.49 10100 131099 11/20/19 ECOFERTI ECOFERT INC 0015556 FERTIGATION SVCS-LRBR 0.00 310.00 10100 131099 11/20/19 ECOFERTI ECOFERT INC 0015556 FERTIGATION SVCS-PNTR 0.00 840.00 TOTAL CHECK 0.00 1,150.00 10100 131100 11/20/19 ELEAZARE ELEANOR ELEAZAR 001 FACILITY REFUND-DBC 0.00 200.00 10100 131101 11/20/19 EXTERMIN EXTERMINETICS OF SO CAL 0015556 PEST CONTROL-PETERSON 0.00 20.00 10100 131101 11/20/19 EXTERMIN EXTERMINETICS OF SO CAL 0015556 PEST CONTROL -HERITAGE 0.00 40.00 TOTAL CHECK 0.00 60.00 10100 131102 11/20/19 FEHRPEER FEHR & PEERS 0015551 ENG SVCS-SR 57/60 0.00 1,841.18 10100 131102 11/20/19 FEHRPEER FEHR & PEERS 0015551 ENG SVCS-SR 57/60 0.00 2,012.25 Packet Pg. 36 SUNGARD PENTAMATION INC PAGE NUMBER: 3 DATE: 11/26/2019 CITY OF DIAMOND BAR ACCTPA21 TIME: 12:25:06 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date between '20191114 00:00:00.000' and '20191127 00:00:00.000' ACCOUNTING PERIOD: 5/20 FUND - 001 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION -----DESCRIPTION------ SALES TAX AMOUNT 10100 131102 11/20/19 FEHRPEER FEHR k PEERS 0015551 ENG SVCS-SR 57/60 0.00 3,542.48 TOTAL CHECK 0.00 7,402.51 10100 131103 11/20/19 FOOTBUIL FOOTHILL BUILDING MATERI 0014440 SUPPLIES -SAND BAGS 0.00 603.35 10100 131104 11/20/19 FUNEXPRE FUN EXPRESS LLC 0015350 SUPPLIES -TINY TOTS 0.00 62.31 10100 131104 11/20/19 FUNEXPRE FUN EXPRESS LLC. 0015350 SUPPLIES-D24 YOUTH 0.00 86.99 TOTAL CHECK 0.00 149.30 10100 131105 11/20/19 GATEWAYC GATEWAY CORP CENTER ASSO 0014093 ASSOCIATION DUES -DEC 0.00 1,586.40 10100 131106 11/20/19 GOMERGER GERALD L COMER 0015350 SHIRTS-DB HEALTHY DAY 0.00 4,615.4.3 10100 131107 11/20/19 GOODTIME GOOD TIMES PARTY SUPPLY 1155515 RENTALS -RECYCLES DAY 0.00 1,395.03 10100 13110E 11/20/19 GRAFFITI GRAFFITI CONTROL SYSTEMS 0015230 GRAFFITI REMOVAL SVCS 0.00 3,025.00 10100 131109 11/20/19 GUIUANRE GUIUAN RESIDENTS OF SO C 001 FACILITY REFUND-DBC 0.00 100.00 10100 131110 11/20/19 HLCHARTE H k L CHARTER CO INC 1125350 SR EXCURSION TRANS 0.00 770.00 10100 131111 11/20/19 HDLCOREN HDL COREN E CONE 0014050 AUDIT SVCS-PRPRTY TAX 0.00 3,347.64 10100 131112 11/20/19 HEARTCHA HEART CHAN 0015350 CONTRACT CLASS -FALL 0.00 192.00 10100 131113 11/20/19 HOMEDEPO HOME DEPOT CREDIT SERVIC 0015556 SUPPLIES -PARKS 0.00 225.96 10100 131114 11/20/19 HRGREENP HR GREEN PACIFIC INC 001 ADMIN FEE -PR 19-997 0.00 -188.91 10100 131114 11/20/19 HRGREENP HR GREEN PACIFIC INC 001 ADMIN FEE -PR 19-971 0.00 -160.29 10100 131114 11/20/19 HRGREENP HR GREEN PACIFIC INC 001 ADMIN FEE -PR 19-800 0.00 -133.65 10100 131114 11/20/19 HRGREENP HR GREEN PACIFIC INC 001 ADMIN FEE -PR 19-603 0.00 -94.32 10100 131114 11/20/19 HRGREENP HR GREEN PACIFIC INC 001 ADMIN FEE -PR 19-800 0.00 133.65 10100 131114 11/20/19 HRGREENP HR GREEN PACIFIC INC 001 ADMIN FEE -PR 19-603 0.00 94.32 10100 131114 11/20/19 HRGREENP HR GREEN PACIFIC INC 001 PROF.SVCS-PR 19-800 0.00 742.50 10100 131114 11/20/19 HRGREENP HR GREEN PACIFIC INC 001 PROF.SVCS-PR 19-603 0.00 524.00 10100 131114 11/20/19 HRGREENP HR GREEN PACIFIC INC 001 PROF.SVCS-PR 19-971 0.00 290.50 10100 131114 11/20/19 HRGREENP HR GREEN PACIFIC INC 001 PROF.SVCS-PR 19-997 0.00 1.,049.50 10100 131114 11/20/19 HRGREENP HR GREEN PACIFIC INC 001 ADMIN FEE -PR 19-997 0.00 188.91 10100 131114 11/20/19 HRGREENP HR GREEN PACIFIC INC 0015551 PROF.SVCS-PLAN CHECK 0.00 2,008.29 10100 131114 11/20/19 HRGREENP HR GREEN PACIFIC INC 001 ADMIN FEE -PR 19-971 0.00 160.29 10100 131114 11/20/19 HRGREENP HR GREEN PACIFIC INC 0015551 CONSULTANT SVCS-ENG 0.00 20,790.00 TOTAL CHECK 0.00 26,004.79 10100 131115 11/20/19 IMEGCORP IMEG CORP 2505556 INSPECTION SVCS-S/CYN 0.00 9,420.00 10100 131115 11/20/19 IMEGCORP IMEG CORP 2505556 INSPECTION SVCS-S/CYN 0.00 19,200.00 10100 131115 11/20/19 IMEGCORP IMEG CORP 2505556 CONSULTANT SVCS-JUL 0.00 1,626.00 10100 131115 11/20/19 IMEGCORP IMEG CORP 2505556 CONSULTANT SVCS-AUG 0.00 4,056.10 TOTAL CHECK 0.00 34,302.10 10100 131116 11/20/19 JKCONSTR JK CONSTRUCTION 1255215 RETENTIONS PAYABLE 0.00 500.00 10100 131117 11/20/19 JMACINTE JMAC INTERNATIONAL 001 REFUND-C/D DEPOSIT 0.00 250.00 Packet Pg. 37 SUNGARD PENTAMATION INC PAGE NUMBER: 4 DATE: 11/26/2019 CITY OF DIAMOND BAR ACCTPA21 TIME: 12:25:06 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date between '20191114 00:00:00.000' and '20191127 00:00:00.000' ACCOUNTING PERIOD: 5/20 FUND - 001 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION -----DESCRIPTION------ SALES TAX AMOUNT 10100 131118 11/20/19 JOHNLHUN JOHN L HUNTER & ASSOC. I 00155.10 PROF.SVCS-STORMWATER 0.00 813.75 10100 131119 11/20/19 JONESKEV KEVIN D JONES 0015551 CONSULTANT SVCS-OCT 0.00 4,000.00 10100 131120 11/20/19 GARCIAJO JORGE GARCIA 0014065 REIMB-SUPPLIES P/WKS 0.00 247.81 10100 131121 11/20/19 FASTSIGN K7 ENTERPRISES 0014095 BANNERS-S/CYN 0.00 672.17 10100 131122 11/20/19 KENSHARD KENS HARDWARE 0015556 SUPPLIES -PARKS 0.00 52.28 10100 131122 11/20/19 KENSHARD KENS HARDWARE 0015333 SUPPLIES-DBC 0.00 52.95 TOTAL CHECK 0.00 105.23 10100 131123 11/20/19 KIMLINDA LINDA KIM 001 FACILITY REFUND-DBC 0.00 1,300.00 10100 131124 11/20/19 LANCESOL LANCE, SOLL k LUNGHARD L 0014050 CITY AUDIT SVCS-2019 0.00 2,624.00 10100 131125 11/20/19 LEESAM SAM LEE 001 RECREATION REFUND 0.00 86.00 10100 131126 11/20/19 LEGENDS LEGENDS FC 001 FACILITY REFUND-DBC 0.00 963.00 10100 131127 11/20/19 LOOMIS LOOMIS 00.14050 COURIER SVCS-C/HALL 0.00 635.38 10100 131127 11/20/19 LOOMIS LOOMIS 0015333 COURIER SVCS-DBC 0.00 635.38 TOTAL CHECK 0.00 1.,270.76 10100 13112E 11/20/19 LACDAUTH LOS ANGELES COUNTY BEVEL 125 HIP LOAN REPAYMENT 0.00 5,100.00 10100 131129 11/20/19 LASHERIF LOS ANGELES COUNTY SHERI 0014411 STAR DEPUTY SVCS-SEPT 0.00 12,264.00 10100 131129 11/20/19 LASHERIF LOS ANGELES COUNTY SHERI 0014411 CONTRACT SVCS-SEPT 19 0.00 568,510.10 10100 131129 11/20/19 LASHERIF LOS ANGELES COUNTY SHERI 0014411 ST SWEEPER SVCS-SEPT 0.00 676.16 10100 131129 11/20/19 LASHERIF LOS ANGELES COUNTY SHERI 0014411 CALVARY CHAPEL-SEPT 0.00 11,231.60 TOTAL CHECK 0.00 592,681.86 10100 131130 11/20/19 LUXIXI XIXI LU 001 RECREATION REFUND 0.00 41.00 10100 131131 11/20/19 FUALUISA LUISA FUA 001 EMP COMP PURCHASE 0.00 606.54 10100 131132 11/20/19 MAGNUSIN MAGNUS INTERNATIONAL 0155210 INTERPRETER-GPAC MTG 0.00 320.00 10100 131133 11/20/19 MARKEASY MARKEASY ROOFING 001 REFUND-C/D DEPOSIT 0.00 250.00 10100 131134 11/20/19 MCECORPO MCE CORPORATION 0015554 VEGETATION CONTROL 0.00 1,347.36 10100 131134 11/20/19 MCECORPO MCE CORPORATION 0015554 RIGHT OF WAY-OCT 19 0.00 13,123.57 10100 131134 11/20/19 MCECORPO MCE CORPORATION 1385538 LANDSCAPE MAINT-OCT 0.00 5,002.00 10100 131134 11/20/19 MCECORPO MCE CORPORATION 1415541 LANDSCAPE MAINT-OCT 0.00 5,673.00 10100 131134 11/20/19 MCECORPO MCE CORPORATION 1395539 LANDSCAPE MAINT-OCT 0.00 17,373.00 TOTAL CHECK 0.00 42,518.93 10100 131135 11/20/19 MIJOENTE MIJO ENTERTAINMENT 0015350 PROF.SVCS-VET DAY 0.00 350.00 10100 131136 11/20/19 MIKEBUBA MIKE BUBALO CONSTRUCTION 001 PERMIT BOND RELEASE 0.00 3,500.00 Packet Pg. 38 SUNGARD PENTAMATION INC PAGE NUMBER: 5 DATE: 11/26/2019 CITY OF DIAMOND BAR ACCTPA21 TIME: 12:25:06 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date between '20191114 00:00:00.000' and '20191127 00:00:00.000' ACCOUNTING PERIOD: 5/20 FUND - 001 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION -----DESCRIPTION------ SALES TAX AMOUNT 10100 131137 11/20/19 MOORETHO THOMAS MOORE 001 FACILITY REFUND-DBC 0.00 100.00 10100 131138 11/20/19 NGINRICH RICHARD NGIN 001 FACILITY REFUND-DBC 0.00 87.50 10100 131138 11/20/19 NGINRICH RICHARD NGIN 001 FACILITY REFUND-DBC 0.00 200.00 TOTAL CHECK 0.00 287.50 10100 131139 11/20/19 NICHOLSC NICHOLS CONSULTING ENGIN 0015551 CONSULTING SVCS-AUG 0.00 2,267.25 10100 131140 11/20/19 NINYOMOO NINYO & MOORE INC. 0015551 CONSULTANT SVCS-AUG 0.00 5,443.38 10100 131140 11/20/19 NINYOMOO NINYO & MOORE INC. 0015551 CONSULTANT SVCS-AUG 0.00 3,659.00 10100 131140 11/20/19 NINYOMOO NINYO & MOORE INC 0015551 CONSULTANT SVCS-AUG 0.00 2,664.62 TOTAL CHECK 0.00 11,767.00 10100 131141 11/20/19 ONWARDEN ONWARD ENGINEERING 2505510 ST REHAB PROJ-AREA 7 0.00 249.90 10100 131142 11/20/19 PSI PROTECTION ONE INC 0015556 ALARM SVCS-S/CYN PK 0.00 157.05 10100 131143 11/20/19 PUBLICST PUBLIC STORAGE #23051 0014030 STORAGE RENTAL-#2108 0.00 457.00 10100 131144 11/20/19 PYROCOMM PYRO COMM SYSTEMS INC 0014093 ALARM SVCS-C/HALL 0.00 135.00 10100 131144 11/20/19 PYROCOMM PYRO COMM SYSTEMS INC 0015333 FIRE ALARM-NOV-JAN 0.00 135.00 TOTAL CHECK 0.00 270.00 10100 131145 11/20/19 RFDI.CKSO R F DICKSON COMPANY INC 0015554 ST SWEEPING SVCS-OCT 0.00 11.,765.92 10100 131146 11/20/19 RSM RECYCLE STRATEGIC MARKET 1605516 PROF.SVCS-RECYCLE DAY 0.00 960.00 10100 131147 11/20/19 RUIZDAVI DAVID RUIZ 001 FACILITY REFUND-S/CYN 0.00 100.00 10100 131148 11/20/19 SANSEREN SERENA SAN 001 FACILITY REFUND-REAGA 0.00 100.00 10100 131149 11/20/19 SCFUELS SC FUELS 5204093 FUEL -POOL VEH OCT 0.00 122.59 10100 131149 11/20/19 SCFUELS SC FUELS 5205230 FUEL -CODE ENFOR 0.00 25.22 10100 131149 11/20/19 SCFUELS SC FUELS 5204030 FUEL-CMGR 0.00 36.98 10100 131149 11/20/19 SCFUELS SC FUELS 5205554 FUEL-RD MAINT 0.00 726.86 10100 131149 11/20/19 SCFUELS SC FUELS 5205556 FUEL-PKS/FACILITIES 0.00 773.91 TOTAL CHECK 0.00 1,745.56 10100 131150 11/20/19 SHIMMIRA MIRAN SHIM 001 FACILITY REFUND-PNTRA 0.00 100.00 10100 131151 11/20/19 SIEMENS SIEMENS INDUSTRY INC. 1135553 T/SIGNAL MAINT-SEPT 0.00 4,554.00 10100 131151 11/20/19 SIEMENS SIEMENS INDUSTRY INC 1135553 T/SIGNAL CALL OUTS 0.00 13,236.34 TOTAL CHECK 0.00 17,790.34 10100 131152 11/20/19 SIMPSONA SIMPSON ADVERTISING INC 1155515 ST SWEEPING MAGNETS 0.00 525.00 10100 131153 11/20/19 SIRISUKL LINDA SIRISUK 001 RECREATION REFUND 0.00 103.00 10100 131154 11/20/19 SOCALSAN SO CAL INDUSTRIES 0015350 EQ RENTAL-HALLOWEEN 0.00 672.71 10100 131155 11/20/19 SOCIALVO SOCIAL VOCATIONAL SERVIC 0015558 MAINT & LITTER REMVL 0.00 2,575.00 Packet Pg. 39 SUNGARD PENTAMATION INC DATE: 11/26/2019 TIME: 12:25:06 CITY OF DIAMOND BAR CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date between '20191114 00:00:00.000' and '20191127 00:00:00.000' ACCOUNTING PERIOD: 5/20 PAGE NUMBER: 6 ACCTPA21 FUND - 001 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION -----DESCRIPTION------ SALES TAX AMOUNT 10100 131156 11/20/19 SODHANAV NAVNITAL SODHA 001 FACILITY REFUND-DBC 0.00 750.00 10100 131157 11/20/19 SORRENTO SORRENTO RIDGE HOA 001 FACILITY REFUND-DBC 0.00 100.00 10100 131158 11/20/19 SCE SOUTHERN CALIFORNIA EDIS 13BS538 ELECT SVCS-T/CONTROL 0.00 10.37 10100 131158 11/20/19 SCE SOUTHERN CALIFORNIA EDIS 0015556 ELECT SVCS-T/CONTROL 0.00 187.84 10100 131158 11/20/19 SCE SOUTHERN CALIFORNIA EDIS 0015554 ELECT SVCS-T/CONTROL 0.00 415.18 10100 131158 11/20/19 SCE SOUTHERN CALIFORNIA EDIS 0015554 ELECT SVCS-T/CONTROL 0.00 497.25 10100 131158 11/20/19 SCE SOUTHERN CALIFORNIA EDIS 0015556 ELECT SVCS-T/CONTROL 0.00 19.82 10100 131158 11/20/19 SCE SOUTHERN CALIFORNIA EDIS 1415541 ELECT SVCS-DIST 41 0.00 22.92 10100 131158 11/20/19 SCE SOUTHERN CALIFORNIA EDIS 13BS538 ELECT SVCS-DIST 38 0.00 31.44 10100 131158 11/20/19 SCE SOUTHERN CALIFORNIA EDIS 0015554 ELECT SVCS-T/CONTROL 0.00 51.44 10100 131158 11/20/19 SCE SOUTHERN CALIFORNIA EDIS 13BS538 LATE FEES 0.00 0.07 10100 131158 11/20/19 SCE SOUTHERN CALIFORNIA EDIS 13BS538 LATE FEES 0.00 0.08 10100 131158 11/20/19 SCE SOUTHERN CALIFORNIA EDIS 0015556 LATE FEES 0.00 0.13 10100 131158 11/20/19 SCE SOUTHERN CALIFORNIA EDIS 1415541 LATE FEES 0.00 0.14 10100 131158 11/20/19 SCE SOUTHERN CALIFORNIA EDIS 13BS538 LATE FEES 0.00 0.24 10100 131158 11/20/19 SCE SOUTHERN CALIFORNIA EDIS 0015554 LATE FEES 0.00 0.35 10100 131158 11/20/19 SCE SOUTHERN CALIFORNIA EDIS 0015554 LATE FEES 0.00 3.34 10100 131158 11/20/19 SCE SOUTHERN CALIFORNIA EDIS 0015554 LATE FEES 0.00 4.03 10100 131158 11/20/19 SCE SOUTHERN CALIFORNIA EDIS 0015556 LATE FEES 0.00 4.71 10100 131158 11/20/19 SCE SOUTHERN CALIFORNIA EDIS 13BS538 ELECT SVCS-DIST 38 0.00 10.62 10100 131158 11/20/19 SCE SOUTHERN CALIFORNIA EDIS 13BS538 ELECT SVCS-DIST 38 0.00 11.98 TOTAL CHECK 0.00 1.,271.95 10100 131159 11/20/19 SPARKLET SPARKLETTS 0015556 EQ RENTAL -CITY HALL 0.00 12.00 10100 131159 11/20/19 SPARKLET SPARKLETTS 0015556 WATER SUPPLIES-OCT 0.00 31.47 10100 131159 11/20/19 SPARKLET SPARKLETTS 0015556 WATER SUPPLIES-OCT 0.00 31.47 10100 131159 11/20/19 SPARKLET SPARKLETTS 0015556 ENERGY SURCHARGE 0.00 6.01 10100 131159 11/20/19 SPARKLET SPARKLETTS 0014030 WATER SUPPLIES-C/HALL 0.00 185.55 10100 131159 11/20/19 SPARKLET SPARKLETTS 0014030 EQ RENTAL-C/HALL 0.00 3.99 TOTAL CHECK 0.00 270.49 10100 131160 11/20/19 ADELPHIA SPECTRUM BUSINESS 0014070 PH.SVCS-DBC 0.00 114.09 10100 131161 11/20/19 STANTECC STANTEC CONSULTING SERVI 001 CONSULTANT SVCS-TRFFC 0.00 1,046.50 10100 131162 11/20/19 STSS STATEWIDE TRAFFIC SAFETY 5205556 VEH MAINT-P/WORKS 0.00 2,357.17 10100 131163 11/20/19 TANNAHIM HIMANSHU TANNA 0014095 PROF.SVCS-VET DAY REC 0.00 250.00 10100 131164 11/20/19 TASC TASC 0014060 FLEX ADMIN SVCS 0.00 125.24 10100 131165 11/20/19 TENNISAN TENNIS ANYONE INC 0015350 CONTRACT CLASS -FALL 0.00 3,845.80 10100 131166 11/20/19 TERRYBER TERRYBERRY 0014060 SUPPLIES -SERVICE PINS 0.00 979.71 10100 131167 11/20/19 SCGAS THE GAS COMPANY 0014093 GAS SVCS-CITY HALL 0.00 18.50 10100 131167 11/20/19 SCGAS THE GAS COMPANY 0015333 GAS SVCS-DBC 0.00 585.21 10100 131167 11/20/19 SCGAS THE GAS COMPANY 0015556 GAS SVCS-HERITAGE 0.00 121.27 TOTAL CHECK 0.00 724.98 Packet Pg. 40 SUNGARD PENTAMATION INC PAGE NUMBER: 7 DATE: 11/26/2019 CITY OF DIAMOND BAR ACCTPA21 TIME: 12:25:06 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date between '20191114 00:00:00.000' and '20191127 00:00:00.000' ACCOUNTING PERIOD: 5/20 FUND - 001 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION -----DESCRIPTION------ SALES TAX AMOUNT 10100 131168 11/20/19 THESAUCE THE SAUCE CREATIVE SERVI 0015350 POSTCARDS/BANNERS/AD 0.00 424.71 10100 131168 11/20/19 THESAUCE THE SAUCE CREATIVE SERVI 0015350 POSTCARDS/BANNERS 0.00 550.00 TOTAL CHECK 0.00 974.71 10100 131169 11/20/19 TAITDAVI THE TAIT GROUP INC 0015551 CONSULTANT SVCS-OCT 0.00 4,400.00 10100 131170 11/20/19 WINDMILL THE WINDMILL 0014095 AD -PHOTO CONTEST/DBRW 0.00 800.00 10100 131170 11/20/19 WINDMILL THE WINDMILL 0014096 AD -PHOTO CONTEST/DBRW 0.00 200.00 TOTAL CHECK 0.00 1,600.00 10100 131171 11/20/19 THREEVAL THREE VALLEYS MUNICIPAL 0014010 MTG-COUNCIL 0.00 20.00 10100 131172 11/20/19 TISCAREN TISCARENO'S CATERING 0015350 VETERANS DAY EVENT 0.00 1,497.73 10100 131173 11/20/19 TRANE TRANE SERVICE GROUP INC 0015556 MAINT SVCS-PARKS 0.00 2,279.00 10100 131174 11/20/19 TCAOR TRI-COUNTIES ASSOC OF RE 001 FACILITY REFUND-DBC 0.00 702.70 10100 131175 11/20/19 TUCKERTI. TUCKER TIRE COMPANY INC 5205554 VEH MAINT-P/WORKS 0.00 823.35 10100 131176 11/20/19 TURBOSCA TURBOSCAPE INC 0015556 WOOD CHIPS -DOG PARK 0.00 14,030.00 10100 131177 11/20/19 ULINEINC ULINE INC 1615516 SUPPLIES -RECYCLING 0.00 135.48 10100 131177 11/20/19 ULINEINC ULINE INC 1615516 SUPPLIES -RECYCLING 0.00 228.25 TOTAL CHECK 0.00 363.73 10100 131178 11/20/19 VASQABIG ABIGAIL VASQUEZ 001 FACILITY REFUND-DBC 0.00 1,318.75 10100 131179 11/20/19 WVEF WALNUT VALLEY EDUCATIONA 001 FACILITY REFUND-DBC 0.00 750.00 10100 131179 11/20/19 WVEF WALNUT VALLEY EDUCATIONA 001 FACILITY REFUND-DBC 0.00 100.00 TOTAL CHECK 0.00 850.00 10100 131180 11/20/19 WVUSD WALNUT VALLEY UNIFIED SC 0015350 FACILITY RNTL-JUN-AUG 0.00 945.00 10100 131181 11/20/19 WVWATER WALNUT VALLEY WATER DIST 0015556 WATER SVCS-PARKS 0.00 2,151.06 10100 131181 11/20/19 WVWATER WALNUT VALLEY WATER DIST 1415541 WATER SVCS-DIST 41 0.00 14,485.63 TOTAL CHECK 0.00 16,636.69 10100 131182 11/20/19 WAXIESAN WAXIE SANITARY SUPPLY 0015333 SUPPLIES-DBC 0.00 203.59 10100 131182 11/20/19 WAXIESAN WAXIE SANITARY SUPPLY 0015556 SUPPLIES -HERITAGE 0.00 234.72 10100 131182 11/20/19 WAXIESAN WAXIE SANITARY SUPPLY 0015333 SUPPLIES-DBC 0.00 226.63 10100 131182 11/20/19 WAXIESAN WAXIE SANITARY SUPPLY 0014093 SUPPLIES -CITY HALL 0.00 402.62 TOTAL CHECK 0.00 1,067.56 10100 131183 11/20/19 WESTCOAS WEST COAST ARBORISTS INC 0015558 TREE WATERING SVCS-OC 0.00 1,020.00 10100 131183 11/20/19 WESTCOAS WEST COAST ARBORISTS INC 0015558 TREE MAINT SVCS-OCT 0.00 9,473.00 10100 131183 11/20/19 WESTCOAS WEST COAST ARBORISTS INC 0015558 TREE WATERING SVCS-OC 0.00 1,020.00 10100 131183 11/20/19 WESTCOAS WEST COAST ARBORISTS INC 0015558 TREE MAINT SVCS-OCT 0.00 15,799.00 TOTAL CHECK 0.00 27,312.00 10100 131184 11/20/19 WCMEDIA WEST COAST MEDIA 0014095 AD-DBC NOV/DEC 0.00 500.00 Packet Pg. 41 SUNGARD PENTAMATION INC PAGE NUMBER: 8 DATE: 11/26/2019 CITY OF DIAMOND BAR ACCTPA21 TIME: 12:25:06 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date between '20191114 00:00:00.000' and '20191127 00:00:00.000' ACCOUNTING PERIOD: 5/20 FUND - 001 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION -----DESCRIPTION------ SALES TAX AMOUNT 10100 131185 11/20/19 WILLDANG WILLDAN GEOTECHNICAL 001 PROF.SVCS-PR 19-1427 0.00 600.00 10100 131185 11/20/19 WILLDANG WILLDAN GEOTECHNICAL 001 PROF.SVCS-PR 16-25BI 0.00 200.00 10100 131185 11/20/19 WILLDANG WILLDAN GEOTECHNICAL 001 ADMIN FEE -PR 19-1427 0.00 -108.00 10100 131185 11/20/19 WILLDANG WILLDAN GEOTECHNICAL 001 ADMIN FEE -PR 16-25BI 0.00 36.00 10100 131185 11/20/19 WILLDANG WILLDAN GEOTECHNICAL 001 ADMIN FEE -PR 16-25BI 0.00 -36.00 10100 131185 11/20/19 WILLDANG WILLDAN GEOTECHNICAL 001 ADMIN FEE -PR 19-1427 0.00 108.00 TOTAL CHECK 0.00 800.00 10100 131186 11/26/19 FRANCHIS FRANCHISE TAX BOARD 00.1 P/R WITHHOLDING ORDER 0.00 177.50 10100 131186 V 11/26/19 FRANCHIS FRANCHISE TAX BOARD 001 P/R WITHHOLDING ORDER 0.00 -177.50 TOTAL CHECK 0.00 0.00 10100 131187 11/26/19 FRANCHIS FRANCHISE TAX BOARD 001 P/R WITHHOLDING ORDER 0.00 177.50 10100 112019M 11/20/19 PETTYCAS PETTY CASH/DIANNA HONEYW 0014060 SUPPLIES 0.00 74.73 10100 112019M 11/20/19 PETTYCAS PETTY CASH/DIANNA HONEYW 0015510 PARKING 0.00 12.00 10100 112019M 11/20/19 PETTYCAS PETTY CASH/DIANNA HONEYW 0014030 SUPPLIES 0.00 24.50 10100 112019M 11/20/19 PETTYCAS PETTY CASH/DIANNA HONEYW 0014030 PARKING/MILEAGE 0.00 40.23 10100 112019M 11/20/19 PETTYCAS PETTY CASH/DIANNA HONEYW 0014050 MILEAGE 0.00 26.68 10100 112019M 11/20/19 PETTYCAS PETTY CASH/DIANNA HONEYW 0014050 MILEAGE 0.00 33.99 10100 112019M 11/20/19 PETTYCAS PETTY CASH/DIANNA HONEYW 0014096 SUPPLIES 0.00 44.80 10100 112019M 11/20/19 PETTYCAS PETTY CASH/DIANNA HONEYW 0015551 MEETING 0.00 20.00 TOTAL CHECK 0.00 276.93 10100 PP23/19A 11/14/19 PERSRETI PERS RETIREMENT FUND 001 RETIRE CONTRIB-PEPRA 0.00 3,647.65 10100 PP23/19A 11/14/19 PERSRETI PERS RETIREMENT FUND 001 RETIRE CONTRIB-CLASSIC 0.00 29,150.84 10100 PP23/19A 11/14/19 PERSRETI PERS RETIREMENT FUND 001 SURVIVOR BENEFIT 0.00 51.15 TOTAL CHECK 0.00 32,849.64 10100 PP23/192 11/14/19 VANTAGEP VANTAGEPOINT TRNSFR AGNT 001 11/15/19-P/R DEDUCTION 0.00 7,411.91 10100 PP23/192 11/14/19 VANTAGEP VANTAGEPOINT TRNSFR AGNT 001 11/15/19-LOAN DEDUCTIO 0.00 3,422.08 10100 PP23/192 11/14/19 VANTAGEP VANTAGEPOINT TRNSFR AGNT 001 11/15/19-PTS CONTRIBUT 0.00 1,865.01 TOTAL CHECK 0.00 12,699.00 10100 PP23/19C 11/14/19 TASC TASC 001 11/15-P/R DEDUCTIONS F 0.00 1,703.86 10100 PP23/19D 11/14/19 PAYROLL PAYROLL TRANSFER 001 P/R TRANSFER-23/PP 19 0.00 192,747.30 10100 PP23/19D 11/14/19 PAYROLL PAYROLL TRANSFER 112 P/R TRANSFER-23/PP 19 0.00 4,302.75 10100 PP23/19D 11/14/19 PAYROLL PAYROLL TRANSFER 113 P/R TRANSFER-23/PP 19 0.00 3,010.92 10100 PP23/19D 11/14/19 PAYROLL PAYROLL TRANSFER 115 P/R TRANSFER-23/PP 19 0.00 8,834.14 10100 PP23/19D 11/14/19 PAYROLL PAYROLL TRANSFER 13B P/R TRANSFER-23/PP 19 0.00 1,246.00 10100 PP23/19D 11/14/19 PAYROLL PAYROLL TRANSFER 139 P/R TRANSFER-23/PP 19 0.00 724.99 10100 PP23/19D 11/14/19 PAYROLL PAYROLL TRANSFER 141 P/R TRANSFER-23/PP 19 0.00 724.99 TOTAL CHECK 0.00 211,591.09 10100 PP24/19A 11/26/19 PERSRETI PERS RETIREMENT FUND 001 RETIRE CONTRIB-PEPRA 0.00 3,666.51 10100 PP24/19A 11/26/19 PERSRETI PERS RETIREMENT FUND 001 RETIRE CONTRIB-CLASSIC 0.00 29,540.28 10100 PP24/19A 11/26/19 PERSRETI PERS RETIREMENT FUND 001 SURVIVOR BENEFIT 0.00 52.08 TOTAL CHECK 0.00 33,258.87 10100 PP24/192 11/26/19 VANTAGEP VANTAGEPOINT TRNSFR AGNT 001 11/29-P/R DEDUCTIONS 0.00 7,582.34 10100 PP24/192 11/26/19 VANTAGEP VANTAGEPOINT TRNSFR AGNT 001 11/29-LOAN DEDUCTIONS 0.00 3,523.73 Packet Pg. 42 SUNGARD PENTAMATION INC DATE: 11/26/2019 CITY OF DIAMOND BAR TIME: 12:25:06 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date between '20191114 00:00:00.000' and '20191127 00:00:00.000' ACCOUNTING PERIOD: 5/20 FUND - 001 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION 10100 PP24/19B 11/26/19 VANTAGEP VANTAGEPOINT TRNSFR AGNT 001 TOTAL CHECK 10100 PP24/19C 11/26/19 TASC TASC 001 10100 PP24/19D 11/26/19 PAYROLL PAYROLL TRANSFER 001 10100 PP24/19D 11/26/19 PAYROLL PAYROLL TRANSFER 112 10100 PP24/19D 11/26/19 PAYROLL PAYROLL TRANSFER 113 10100 PP24/19D 11/26/19 PAYROLL PAYROLL TRANSFER 115 10100 PP24/19D 11/26/19 PAYROLL PAYROLL TRANSFER 138 10100 PP24/19D 11/26/19 PAYROLL PAYROLL TRANSFER 139 10100 PP24/19D 11/26/19 PAYROLL PAYROLL TRANSFER 141 TOTAL CHECK 10100 PP24/19E 11/26/19 PERSRETI PERS RETIREMENT 001 10100 PP24/19E 11/26/19 PERSRETI PERS RETIREMENT 001 10100 PP24/19E 11/26/19 PERSRETI PERS RETIREMENT 001 TOTAL CHECK TOTAL CASH ACCOUNT TOTAL FUND TOTAL REPORT DESCRIPTION------ SALES TAX 11/29-PTS CONTRIBUTION 0.00 0.00 11/29-P/R DEDUCTIONS 0.00 P/R TRANSFER-24/PP 19 0.00 P/R TRANSFER-24/PP 19 0.00 P/R TRANSFER-24/PP 19 0.00 P/R TRANSFER-24/PP 19 0.00 P/R TRANSFER-24/PP 19 0.00 P/R TRANSFER-24/PP 19 0.00 P/R TRANSFER-24/PP 19 0.00 0.00 RETIRE CONTRIB-PEPRA 0.00 RETIRE CONTRIB-EE 0.00 SURVIVOR BENEFIT 0.00 0.00 0.00 0.00 0.00 PAGE NUMBER ACCTPA21 AMOUNT 1,296.61 13, 002.68 1, 703.26 196,519.10 3,215.01 2,231.66 8, 802.85 1, 246.68 725.32 725.32 213,465.94 307.41 248.86 10.00 566.27 1,486,463.80 1,486,463.80 1,426,463.20 9 Packet Pg. 43 6.3 Agenda #: 6.3 Meeting Date: December 3, 2019 CITY COUNCIL AGENDA REPORT 7,1 TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager TITLE: TREASURER'S STATEMENT STRATEGIC GOAL: Responsible Stewardship of Public Resources RECOMMENDATION: Approve the October 2019 Treasurer's Statement. FINANCIAL IMPACT: None. BACKGROUND/DISCUSSION: Consistent with City policy, the Finance Department presents the monthly Treasurer's Statement to the City Council for review and approval. This statement shows the cash balances with a breakdown of various investment accounts and the yield to maturity from investments. This statement also includes an investment portfolio management report which details the activities of investments. All investments have been made in accordance with the City's Investment Policy. =14 2 N 411:yip ,.e,AFA2,QAV or co 12/312019 Packet Pg. 44 REVIEWED BY: 6.3 Paann"YHOney�w,ll, Finan irector 11/2212019 Attachments: 1. 6.3.a October 2019 Treasurer's Report 2. 6.3.b October 2019 Investment Portflolio Report Packet Pg. 45 6..a CITY OF DIAMOND BAR - CITY TREASURER'S REPORT CASH BALANCE AS OF OCTOBERi • BEGINNING CASH BALANCE CASH RECEIVED Cash Receipts Total Cash Received EXPENDITURES Checks Written Payroll & Pers Transfers Wire Transfers Returned Checks Charge Card Fees & Other Adjustments Total Expenditures CASH BALANCE AS OF: OCTOBER 31, 2019 TOTAL CASH BREAKDOWN Active Funds General Account Payroll Account Change Fund Petty Cash Account Parking Account Minimum Cash With Fiscal Agent Cash With OPEB Trust Amount Unamortized on Investments Total Active Funds Investment Funds: Federal Credit Union Local Agency Investment Fund Corporate Notes Federal Agency Callable Bank Negotiable CDs Municipal Bonds Wells Fargo Advantage Money Market Fund Total Investment Funds CASH BALANCE AS OF: OCTOBER 31, 2019 Fiscal Year -To -Date Effective Rate of Return Fiscal Year -To -Date Interest Earnings FY2019-20 Budgeted Annual Interest Earnings $2,384,482.83 ($2,438,012.38) (492, 589.93) (61,457.03) (336.00) (2,173.64) $2,231,097.29 $49, 335.31 $1,600.00 $500.00 $250.00 $446.74 $353,765.94 $51,569.90 $1,738,000.00 $10,484,762.91 $3,964,067.76 $6,479,419.99 $10,349,883.25 $4,967,571.96 $0.00 2.18% $295,296.64 $592,750.00 $41,282,357.20 $2,384,482.83 $43,666,840.03 ($2,994,568.98) $40,672,271.05 $2,688,565.18 37,983,705.87 $40,672,271.05 Packet Pg. 46 ' CITY OFDIAMOND BAR INVESTMENT PORTFOLIO SUMMARY REPORT October 81.2V19 PERCENT OF oAYSTO YIELD TO INVESTMENTS BOOK VALUE PORTFOLIO TERM MATURITY MATURITY Federal Credit Union CD $1.738.000.00 4.58% 1.270 802 2.514 Local Agency Investment Fund $10.484.702.91 27.60% 1 1 2.190 Corporate Notes $3.964.007.76 10.44% 1.715 386 2,432 Federal Agency Issues 'Callable %6.478.419�89 17o6% 1.802 268 1.822 Negotiable CD'o'Banks $10.348.88325 27.25% 1.747 862 2.050 Municipal Bonds $*.967.571.86 1107% 1.829 408 1.900 Wells Fargo Sweep Account MOO 0.00% O O 8,000 Total Investments and Averages $37.983.705�87 100.00% 1'234 480 2De9 MONTH ENDING FISCAL YEAR-TO-DATE 2019-20 TOTAL INTEREST EARNED $70�33.63 �95�96.64 |oeddy that this report accurately reflects all City pooled investments —a 2, — Da ,01 Fox and ioinconformity with the investment policy ofthe City ofDiamond Bar City Treasurer approved byCity Council and onfile inthe City Clerk's office. The investment program herein provides sufficient cash flow liquidity to meet the next six months estimated expenditures. 11/18/2019 DWIONRIAR fir - Investments City of Diamond Bar City of Diamond Bar 21810 Copley Drive Portfolio Management Diamond Bar, CA (909)839-7053 Portfolio Summary October 31, 2019 Par Market Book % of Days to YTM/C Value Value Value Portfolio Term Maturity Federal Credit Union CD 1,738,000 00 1,761,403.93 1,738,000.00 4.58 1,270 802 2.514 Local Agency Investment Funds 10,484,76191 10,501,987.46 10,484,762.91 2T60 1 1 2.190 Corporate Notes 4,000,000.00 4,033,353.00 3,964,067.76 1044 1,715 966 2,432 Federal Agency Callable 6,500,000.00 6,488,438.25 6,479,419.99 17.06 1,802 268 1.822 Negotiable CD 10,354,000.00 10,424,499.62 10,349,88325 27.25 1,747 862 2.050 Municipal Bonds 4,958,512 86 4,975,470.03 4,967,571.96 13.08 1,629 468 1.960 38,035,275.77 38,185,153.19 37,983,705.87 100.00% 1,234 480 2.099 Investments Total Earnings October 31 Month Ending Fiscal Year To Date Current Year 70,433.63 295,296.64 Average Daily Balance 39,186,724.65 40,136,199.84 Effective Rate of Return 2.12% 2.181 Dianna Honeywell, Finance Director Reporting period 1010112019-10/3112019 Portfolio POOL AP Run Date 11112/2019-15:40 PEA 1PRF PM1) 7 3 0 Packet Pg. 48 City of Diamond Bar Portfolio Management Portfolio Details - Investments October 31, 2019 Page 1 Average Purchase Stated Days to YTM/C Maturity CUSIP Investment # Issuer Balance Date Par Value Market Value Book Value Rate Term Maturity Date Federal Credit Union CD 03065AAH6 10224 America's Credit Union 03/29/2019 248,000.00 249,063,67 248,000.00 2.650 364 147 2.650 03/27/2020 19043TAB1 10228 Coastal Cmnty Teacher CU 07/16/2019 248,000.00 254,299.94 248,000.00 2.500 1,827 1,719 2.500 07/16/2024 CFCU2099 10144 Citadel Federal Credit Union 01/26/2016 248,000.00 248,000,00 248,000.00 2.050 1,827 452 2.050 01/26/2021 337151.131-3 10215 First Tech Fed Credit Union 06/14/2018 248,000.00 253,179,23 248,000.00 3.050 1,096 591 3.050 06/14/2021 49254FAG1 10222 Keesler Federal Credit Union 01/3112019 249,000.00 255,842,77 249,000.00 3.050 1,096 822 3.050 01/3112022 62384RACO 10207 Mountain Amer Fed Cr Union 11/08/2017 248,000.00 250,911.27 248,000.00 2.300 1,826 1,103 2.300 11/08/2022 910160AH3 10232 United Credit Union, 08122/2019 249,000.00 250,107,05 249,000.00 2.000 853 782 2.000 12/22/2021 Subtotal and Average 1,738,000.00 1,738,000,00 1,761,403,93 1,738,000.00 1,270 802 2.514 Local Agency Investment LAIF 10028 Funds Local Agency Investment Fund Subtotal and Average 10,737,527.50 10,484,762.91 10,484,762.91 10,501,987.46 10,501,987.46 10,484,762.91 10,484,762.91 2.190 1 1 1 1 2.190 2.190 Corporate Notes 037833BS8 10148 Apple Inc 03101/2016 500,000.00 503,103.50 501,84375 2.250 1,820 480 1.953 02/23/2021 037833AY6 10186 Apple Inc 02/09/2017 250,000.00 252,273,76 248,693.47 2.150 1,826 831 2.395 02109/2022 06048WZS2 10227 Bank ofAmerica Corp. 05/30/2019 500,000.00 499,953.00 500,000.00 3.000 1,827 1,672 3.000 05/30/2024 166764BG4 10187 Chevron Corp., Corporate Bond 02/08/2017 500,000.00 502,467.00 498,917.43 2.100 1,558 562 2.248 05/16/2021 166764AB6 10214 Chevron Corp., Corporate Bond 05/30/2018 500,000.00 607,486.00 489,305.60 2.355 1,650 1,039 2,355 12/0612022 594918BP8 10172 Microsoft Corp 09/02/2016 500,000.00 499,227.00 500,573.87 1.550 1,801 615 1A82 08/08/2021 89236TCZ6 10200 Toyota MTR Credit Corp 06/01/2017 250,000.00 250,552.25 249,646.20 1,900 1,407 524 2,003 04108/2021 89236TDK8 10223 Toyota MTR Credit Corp 02/28/2019 500,000,00 506,071.50 486,199.97 2.250 1,693 1,447 3.001 10/18/2023 '.. 931142DH3 10216 Walman Inc. 06/27/2018 500,000,00 512,219.00 488,887.47 2,550 1,749 1,257 3.251 04/11/2023 '.. Subtotal and Average 3,963,679.14 4,000,000,00 4,033,353.00 3,964,067.76 1,716 966 2.432 Federal Agency Callable 3133EGAZ8 10156 Federal Farm Credit Bank 05/17/2016 500,000.00 499,253,00 500,000.00 1.580 1,737 474 1.580 02117/2021 3133EGLU7 10166 Federal Farm Credit Bank 07/1412016 500,000.00 498,639,50 499,914.86 1.480 1,826 621 1.490 07/14/2021 '.. 3133EKN93 10236 Federal Farm Credit Bank 09/23/2019 500,000.00 499,462,00 498,531,79 1.960 1,820 320 2.024 09/16/2024 '.. 31338IG82 10118 Federal Home Loan Bank 0711312015 250,000.00 249,850-50 249,917.29 1.385 1,620 48 1.643 12119/2019 3130A7WW1 10155 Federal Home Loan Bank 05125/2016 500,000.00 499,922.50 500,000.00 1.500 1,826 24 1.250 05125/2021 3130A82K8 10219 Federal Home Loan Bank 08113/2018 500,00a011 500,006,50 484,273.14 2.000 1,744 1,299 2.953 05/23/2023 3134G9XD4 10163 Federal Home Loan Mtg Corp 06/30/2016 500,000.00 499,721.60 500,000.00 1.500 1,826 59 1.250 06130/2021 3134GBAE2 10189 Federal Home Loan Mtg Corp 03/29/2017 500,000.00 500,279.50 498,143.44 2.000 1,826 58 2.267 03129/2022 3134GUBQ2 10235 Federal Home Loan Mtg Corp 09/23/2019 500,00o.m 500,456,00 500,000.00 2.100 1,827 327 2.100 09t23/2024 3134GUANO 10237 Federal Home Loan Mtg Corp 09113/2019 500,000,00 500,019m 500,000.00 2.000 1,827 42 2.744 09/13/2024 Portfolio POOL AP Run Date: 11 /12/2019 - 15*40 Packet Pg. 49 Report Ver. 7.3.6.1 6.3.b City of Diamond Bar Portfolio Management Page 2 Portfolio Details - Investments October 31, 2019 CUSIP Average Investment# Issuer Balance Purchase Date Par Value Market Value Book Value Stated Rate Term Days to Maturity YTM/C Maturity Date Federal Agency Callable 3136GOSYO 10141 Federal National Mtg Assn 01/20/2016 500,000,00 499,178.00 499,708.99 t600 1,800 53 1.666 12124/2020 3136G3JY2 10152 Federal National Mtg Assn 05103/2016 500,000.00 498,979.50 499,626.04 1.500 1,821 88 1.565 04/28/2021 3136G3ZY4 10167 Federal National Mtg Assn 07127/2016 250,000.00 248,173.75 249,826.11 1.300 1,826 87 1.359 07/27/2021 3136G3XF7 10168 Federal National Mtg Assn 07/27/2016 500,000.00 494,497.00 499,478.33 1.250 1,826 87 1.338 07/27/2021 Subtotal and Average 7,269,467.32 6,500,000.00 6,488,438.25 6,479,419.99 1,802 268 1.822 Negotiable CID 01859BAA3 10206 Alliance Credit Union, CD 10/13/2017 247,000.00 249,519.65 247,000.00 2.250 1,826 1,077 2.251 10/13/2022 02587DO84 10192 American Express Bank 04/26/2017 247,000.00 249,493.71 247,000.00 2.400 1,826 907 2.401 04126/2022 02587CEM8 10195 American Express Bank 05/03/2017 247,000.00 249,191.88 247,000.00 2.350 1,826 914 2.351 05/03/2022 05765LALl 10194 Balboa Thrift & Loan 04/28/2017 248,000,00 249,004.40 248,000.00 2.000 1,826 909 2.000 04/28/2022 06740KKD8 10204 Barclays Bank 07/12/2017 247,000.00 249,197.31 247,000.00 2.200 1,826 984 2.201 07/12/2022 060620WG5 10179 Bank of Baroda 10/31/2016 248,000,00 246,920.70 248,000.00 1.450 1,460 364 1.450 10/30/2020 06367AAD3 10238 Bank of Monticello, CD 09/27/2019 247,000.00 245,376.47 244,720.65 1.800 1,811 1,776 2.002 09/1112024 05580AGE8 10188 BMW Bank 02/1712017 248,000.00 249,896.70 248,000.00 2150 1,826 839 2.151 02/17/2022 140420XR6 10151 Capital One Bank 04/06/2016 248,000.00 248,596.19 248,000.00 1.700 1,826 522 1.701 04/06/2021 14042RFLO 10196 Capital One Bank 05/10/2017 247,000.00 249,805.18 247,000.00 2.300 1,826 921 2.301 05/10/2022 17312QJ67 10213 CIT Bank 04/24/2018 248,000.00 257,166.08 248,000.00 3.000 1,826 1,270 3.002 04/24/2023 20033AUBO. 10198 Comenity Capital Bank 05/31/2017 248,000.00 261,153,82. 248,000.00 2.350 1,826 942 2.350 0513112022 254672X37 10182 Discover Bank 12/21/2016 248,000.00 249,874.63 248,000.00 2.150 1,326 781 2.151 12121/2021 29278TKJ8 10230 EnerBank USA 08/07/2019 247,000.00 249,369.22 247,000.00 2.150 1,327 1,741 2.152 08/07/2024 87270LAJ2 10205 Everbank/Jacksonvilie FL 08/16/2017 247,000.00 249,190.40 247,000.00 2.200 1,826 1,019 2.201 08/16/2022 319141GL5 10202 First Bank of Highland Park 06/21/2017 247,000.00 248,563.26 247,000.00 2.100 1,326 963 2.101 06121/2022 319461 BS7 10225 FIRST CHOICE BANK 03/22/2019 243,000.00 248,128A6 247,013.43 2.400 1,096 872 2:904 03122/2022 33767AVK4 10146 First Bank Puerto Rico 02/12/2016 248,000.00 248,409.20 248,000.00 1.850 1,827 469 1,850 02/12/2021 308863AH2 10147 Farmers & Merch Savings Bank 02/29/2016 248,000B0 248,709.78 248,000.00 1.550 1,824 483 1.552 02/26/2021 38148J6M8 10142 Goldman Sachs Bank 01/27/2016 248,000.00 243,248.74 248,000.00 2.100 1,827 453 2.102 01127/2021 06251AK25 10131 Bank of Hapoalim NY 10/09/2015 245,000.00 245,739.66 245,000.00 2.000 1,827 343 2.002 10/09/2020 40434YBK2 10171 HSBC Bank USA 08/31/2016 248,000.00 248,000.00 248,000.00 2.820 1,826 069 2.319 08/31/2021 45581 EASO 10212 Indust &Comm Bank China 03/29/2018 248,000.00 256,191 A4 248,000.00 2.900 1,326 1,244 2.902 03129/2023 8562845Z3 10184 State Bank of India 01/26/2017 248,000.00 250,974.76 248,000.00 2.350 1,826 817 2.351 01/2612022 48126XLB9 10181 JP Morgan Chase 11/18/2016 243,000.00 246,531.34 248,000.00 1.800 1,826 748 1.800 11/18/2021 538036CF9 10145 Live Oak Banking Ccompany 02/11/2016 248,000.00 248,284,21 248,000.00 1.500 1,460 101 1,468 02/10/2020 5840366R2 10199 Medallion Bank 06/09/2017 248,000.00 249,901.17 248,000.00 2.150 1,826 951 2,150 06/09/2022 58733ACY3. 10160 Mercantil Commerce Bank 06124/2016 248,000.00 247,414.97 248,000.00 1.650 1,826 601 1.651 06124/2021 59013JJB6 10126 Merrick Bank 09/21/2016 248,000.00 249,301.61 248,000.00 1.850 1,827 325 1.850 09/21/2020 Portfolio POOL AP Run Date: 11 /12/2019 -1540 Packet Pg. 50 City of Diamond Bar Portfolio Management Portfolio Details - Investments October 31, 2019 Page 3 Average Purchase Stated Days to YTM/C Maturity CUSIP Investment# Issuer - Balance Date Par Value Market Value Book Value Rate Term Maturity Date Negotiable CD 61747MH95 10209 Morgan Stanley Bank 02/01/2018 246,000,00 251,798A7 246,000.00 2.650 1,826 1,188 2.651 02/01/2023 61760AZR3 10226 Morgan Stanley Bank 05102/2019 246,000.00 254,717.01 246,000.00 2.750 1,827 1,644 2.753 05/02/2024 606867ZM5 10234 Mizrahi Tefahot Bank 08/23/2019 250,000.00 250,024.00 249,883.40 2.000 1,042 972 1.980 06/30/2022 68621 KAY7 10197 Oriental Bank &Trust 05124/2017 248,000.00 246,350.67 248,000.00 1,850 1,098 207 1.852 05/26/2020 71270QLS3 10105 People's United Bank 01/28/2015 248,000,00 248,387.62 248,000.00 1.750 1,826 88 1.751 01/28/2020 74267GVBO 10153 Privatebank & Trust Cc - CD 05106/2016 248,000.00 248,052.08 248,000,00 1.500 1,826 552 1.501 05/06/2021 75472RAE1 10233 Raymond James Bank NA 08/2312019. 247,000.00 247,669.12 247,000,00 2.000 1,827 1,757 2.002 08123/2024 795450ZW8 10190 .Sallie Mae Bank 03/22/2017 247,000.00 250,051,44 247,000,00 2,350 1,826 872 2.351 03/22/2022 828373HFO 10239 Silvergate Bank 10108/2019 248,000.00 248,210.80 247,265,77 2.000 1,827 1,803 2.065 10/08/2024 81500JAR4 10231 Security State Bank 08116/2019 250,000,00 250,220.50 250,000,00 2.650 1,504 1,427 0.000 09/28/2023 87164XPG5 10165 Synchrony Bank 02103/2017 248,000,00 250,440,32 248,000.00 2,250 1,826 825 2,251 02/03/2022 94986TYT8. 10154 Wells Fargo 05/10/2016 248,000.00 248,049.85 248,000.00 1.300 1,826 556 1.301 05/10/2021 981571BD3 10113 World's Foremost Bank 05/13/2015 200,000.00 200,373.40 200,000.00 2.000 1,827 194 2.002 05/13/2020 Subtotal and Average 10,510,007.40 10,354,000.00 10,424,499.62 10,349,883.25 1,747 862 2.050 Municipal Bonds 13077DFC1 10218 California St Univ Rev -Bond 08/02/2018 150,000.00 153,264.00 150,000.00 2.982 1,187 731 2.979 11/01/2021 13066YTY5 10175 Calif St Dept Wtr Res Power 09/28/2016 708,512.86 709,575.63 708,512,86 1.713 1,676 547 1.713 05/01/2021 189849KY7 10125 Coachella Valley School Dist 09/15/2015 440,000.00 443,643.20 440,676,54 2.885 1,782 274 2.665 08/01/2020 13034PYH4 10164 California State HSG Fin AGY 07/01/2016 500,000.00 501,920.00 500,781.53 2.189 1,492 274 1.960 08/01/2020 13063DADO 10193 California State HSG Fin AGY 04/27/2017 250,000.00 252,815.00 250,000.00 2.367 1,800 382 2.367 04/01/2022 455749BQ3 10150 Indio CA Water Authority 04/01/2016 980,000.00 982,548.00 983,202.35 2.820 1,461 152 2.000 04/01/2020 533018CZ8 10177 Lincoln Calif Pub Fing Auth 11/08/2016 525,000.00 526,906.00 627,190,35 2.230 1,788 700 2.001 10/01/2021 752111JW5 10176 Rancho Calif WV Dist Fin Auth 10/18/2016 500,000.00 499,490.00 501,469.88 1.675 1,748 639 1.500 08/0112021 769036BAl 10201 Riverside CA Pension OBLG 06/01/2017 260,000,00 260,876.20 260,000.00 2.125 1,461 578 2.126 06/01/2021 913366HV5 10170 UC Rgts Med Ctr Rev Bonds 08/17/2016 145,000.00 144,422.90 145,000.00 1.620 1,732 561 1.614 05/16/2021 913366HV5 10173 UC Rgts Med Ctr Rev Bonds 09/07/2016 500,000.00 498,010.00 500,738,45 1.620 1,711 561 1.515 05/15/2021 Subtotal and Average 4,968,043.30 4,958,512.86 4,975,470.93 4,967,671.96 1,629 468 1.960 Wells Fargo Sweep Account SWEEP 10036 Wells Fargo 07101/2012 0,00 0.00 0.00 0.010 1 1 0,010 Subtotal and Average 0.00 0.00 0.00 0.00 0 0 0.000 Portfolio POOL AP Run Date: 11/12r2019 - 15*40 Packet Pg. 51 City of Diamond Bar Portfolio Management Portfolio Details - Investments October 31, 2019 Average Purchase Stated Days to YTMtC CUSIP Investment # Issuer Balance Date Par Value Market Value Book Value Rate Term Maturity Total and Average 39,186,724.65 38,035,275.77 38,185,153.19 37,983,705,87 1,234 480 2,099 6.3.b Page 4 Portfolio POOL AP Run Date: 1111212019-. 15:40 Packet Pg. 52 City of Diamond Bar Portfolio Management Portfolio Details - Cash October 31, 2019 Average Purchase Stated Days to YTMtC CUSIP Investment# Issuer Balance Date Pal -Value Market Value Book Value Rate Term Maturity Average Balance 0.00 Total Cash and Investments 39,186,724.65 38,035,275.77 38,185,153.19 37,983,705.87 1,234 480 2.099 6-3.b Page 5 Portfolio POOL AP Run Date1111212019 -15:40 Packet Pg. 53 6.4 CITY COUNCIL Agenda #: 6.4 Meeting Date: December 3, 2019 AGENDA REPORT TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager J TITLE: FIRST AMENDMENT TO THE WIRELESS SITE LICENSE AGREEMENT WITH NEW CINGULAR WIRELESS PCS, LLC TO ALLOW FOR THE CONSTRUCTION AND LOCATION OF AN EMERGENCY GENERATOR TO SERVE THE EXISTING CELLULAR SITE AT PETERSON PARK THROUGH JUNE 2036. STRATEGIC GOAL: Safe, Sustainable & Healthy Community RECOMMENDATION: Authorize the City Manager to execute the First Amendment and associated documents required for the operation of the New Cingular Wireless cellular site emergency generator at Peterson Park. FINANCIAL IMPACT: The City currently receives approximately $30,000 in annual lease payments for the New Cingular cellular site at Peterson Park, which will be increased by $400 per month in new revenues as compensation for the installation of an emergency generator and protective enclosure. The new total annual lease payments of approximately $35,000 per year are subject to annual Consumer Price Index (CPI) adjustments. BACKGROUND: The City of Diamond Bar entered into a wireless site lease agreement in 1997 with Los Angeles Cellular Network for the operation of a cellular site at 24142 Sylvan Glen Road (Peterson Park). In June 2006, a new agreement was entered into between the City and New Cingular Wireless, the new operator of the cellular site at Peterson Park. Over time, the cellular site has become a vital component of the cellular network in the area, and due to emergency response needs it is been requested by the operator to consider the installation of an emergency generator for cellular site power backup needs. ANALYSIS: Packet Pg. 54 6.4 There are two components being considered by the City of Diamond Bar: 1) Amendment #1 covers the modification of the site lease agreement with New Cingular Wireless to add an additional 660 square feet of lease space between two existing facilities at Peterson Park for the operation of an emergency generator and protective enclosure; and 2) City administrative review of the emergency generator plans by Building & Safety, Parks, Planning, and Public Works. Amendment #1 is before the Council for consideration, concurrent with the administrative review by staff for the issuance of permits for the construction of the emergency generator and associated enclosure. It is not anticipated that the additional lease space provided to New Cingular Wireless will impact the field use by associated user groups. The emergency generator will provide additional backup power necessary to ensure the operation of the vital cellular tower in the event of a power outage. LEGAL REVIEW: The City Attorney has reviewed and approved the amended agreement as to form. PREPARED BY: n t A n17f Santos, As V ant t5t hle.'it Manager 121312019 REVIEWED BY: Aoff A )ffw /"A" de ya cLean, A sist nt City Manager 11/21/2019 Attachments'. 1. 6.4.a First Amendment to Wireless Site License Agreement 2. 6.4.b Planning Approved Plans 10-30-19 3. 6.4.c License Agreement Executed Packet Pg. 55 6.4.a FIRST AMENDMENT TO WIRELESS COMMUNICATIONS SITE LICENSE AGREEMENT THIS First Amendment to Wireless Communications Site License Agreement (First Amendment") is entered into as of the later of the signature dates below, by and between the City of Diamond Bar ("City") and New Cingular Wireless PCS, LLC, a Delaware limited liability company ("Licensee"). Recitals A. City and Licensee entered into that certain Wireless Communications Site License Agreement dated .Tune 13, 2006 ("Agreement"), whereby City leased to Licensee certain premises, therein described, that are on a portion of City Land located at 24142 East Sylvan Glen Road in the City of Diamond Bar, County of Los Angeles, commonly known as Peterson Park; B. City and Licensee desire to amend the Agreement to increase the size of the Premises. C. City and Licensee desire to adjust the License Fee in conjunction with the modifications to the Agreement contained herein. D. City and Licensee desire to update the notice addresses contained in the Agreement; and E. City and Licensee find it in their mutual interest to amend the Agreement as set forth below. F. In consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, City and Licensee agree as follows: Agreement 1. New Premises Area. City agrees to increase the square footage of the Premises leased to Licensee to approximately 660 square feet to accommodate Licensee's needs for a generator. Upon the execution of this First Amendment, for purposes of the Agreement and this First Amendment, the Premises shall be amended to be the area described and depicted in the attached Exhibit A. 2. Licensee's Facilities. For purposes of the Agreement and this First Amendment, Licensee's facilities shall be those as set forth in the Agreement and shall include a generator as generally shown on Exhibit B, attached hereto and incorporated herein by reference. The Licensee's facilities shall remain the property of Licensee 3. License Fee. Commencing the first day of the month following the execution of this First Amendment, the License Fee being paid by Licensee in accordance with Section 5 of the Agreement shall be increased by Four Hundred and N0I100 Dollars ($400.00) per month and 1448219.1 Packet Pg. 56 6.4.a shall otherwise remain due and payable at the same time and manner as required by the Agreement. 4. Premises "As Is". Licensee acknowledges that City delivers the Premises in "as is" condition, without any warranty whether express or implied and that it has inspected the Premises and is satisfied that no conditions exist within the Premises or otherwise on the Land where the Premises is located that would adversely impact I_,icensee's use thereof. City authorizes Licensee to prepare, execute and file all required applications to obtain any government approvals for Licensee's use of the Premises under this First Amendment and agrees, at Licensee's request, to reasonably assist Licensee with such applications and with obtaining and maintaining the government approvals. Where applicable law governs how the Licensee's facilities will be used, Licensee may use the Licensee's facilities in the manner set forth under the applicable law, as tong as otherwise not inconsistent with Licensee's use of the Premises or City's use of the Land under this First Amendment or the Agreement. 5. Notices. Section 16 of the Agreement is hereby deleted in its entirety and replaced with the following: All notices, requests, demands and communications hereunder will be given by first class certified or registered mail, return receipt requested, or by a nationally recognized overnight courier, postage prepaid, to be effective when properly sent and received, refused or returned undelivered. Notices will be addressed to the parties as follows. If to Licensee: New Cingular Wireless PCS, LLC Attn: Network Real Estate Administration Re: Cell Site #: LAR039; Cell Site Name: Phillips Ranch (CA) Fixed Asset #: 10085764 1025 Lenox Park Blvd NE, 3rd Floor Atlanta, GA 30319 New Cingular Wireless PCS, LLC AT&T Legal Department — Network Operations Attn: Network Counsel Re: Cell Site #: LAR039; Cell Site Name: Phillips Ranch (CA) Fixed Asset #: 10085764 208 S. Akard Street Dallas, TX 75202-4206 If to City: City of Diamond Bar 21810 Copley Drive Diamond Bar, CA 91765 Attn: City Manager 14482 R 1 Packet Pg. 57 6.4.a A copy sent to the Licensee's Legal Department is an administrative step which alone does not constitute legal notice, nor will failure to send a copy by City deemed insufficient legal notice. Either party hereto may change the place for the giving of notice to it by thirty (30) days prior written notice to the other as provided herein. 6. Integration. This First Amendment and attachments hereto integrate all terms and conditions mentioned herein and supersedes all negotiations with respect hereto. This First Amendment amends, as set forth herein, the Agreement and except as specifically amended hereby, the Agreement shall remain in full force and effect. To the event there is any inconsistencies between the Agreement and this First Amendment, the terms of this First Amendment shall control. Unless otherwise specified herein or unless the context requires otherwise, the terms in the Agreement shall apply to the Premises as described in Exhibit A of this First Amendment. 7. Capitalized Terms. All capitalized terms used but not defined herein shall have the same meanings as defined in the Agreement. IN WITNESS WHEREOF, the parties have caused their properly authorized representatives to execute this First Amendment on the dates set forth below. "LICENSEE" New Cingular Wireless PCS, LLC a Delaware limited liability company By: AT&T Mobility Corporation By: Na : J14pe7&9 j'r Title: �r R� �► (2q,6F Dated: /I�" e9D-19 "CITY" City of Diamond Bar A Municipal Corporation By: Dated: Attest: Daniel Fox, City Manager City Clerk 1448219.1 Packet Pg. 58 6.4.a EXHIBIT A DESCRIPTION AND DEPIC'I'iON OF PREMISES 1448219.1 Packet Pg. 59 f .Planning Division Plan Check Approval Caserrile number: c LOMA 156 R E C E T y D� at&t Dater 10085764 — HWY 60 PHILLIPS RANCH Mobility Il,n Itil — or.T17s IDTI '_APProvedby:_ GENERATOR ADD '� II WithCondlhc.,,a�s-'�Ly.d,,e�d��.y�,,� ,r CITY OFDIAN i. ThisB °"`I I�`'I " ,''�ov, 24142 SYLVAN GLEN ROAD DIAMOND BAR, CA 91765 Lhes OnB 4 i .IiC for��y Cr En�!m9,'n l&SI"i< F`90kw GENERATOR UPGRADE CONST. DRAWINGS PROJECT DESCRIPTION VICINITY MAP APPLICABLE BLDG. CODES AND STANDARDS • INSTALL NEW DIESEL GENERATOR WITH SUBBASE ND_ TANK ON NEW CONCRETE PAD. ORIV rv°CIRECTON 1-ROM AnivARELFS6. TU TIN SUBCONTR C0R'S WORK SHML COMPLY WRN ALL A➢PISABLE RODNAL SPATE, ANTI • INTEGRATE EX NO GE MCE W NEW GENERATOR. • NSTALL NEW AUT011ATIC TRANSFER BRITON AND NEW CAMLOCK TOGETHER GET ON CA-66 NSFROM EDINGER AVE ANDDELAMO AYE MERGE ONTO CA -BE N USE Ld'.AL CONS AS ADOPRO W THE IDCAL AITIHORIIY H1WNG JUPoSCICfION (AXJ) fOR THE LOCATION. TIME EOInON OF TIE Anl ABOFIEO CODES AND STAN— IN 6FECT • REMOVE & CAP .-NO CAMLOCK. THE RIGHT 2 GNES TO DuGE IXO 13 FOR GWFORNI4 22 W/GARDEN GROPE FW! ON THE GTE OF cCMRALT AWMO BWVL GCYIIC! 1XE DESIGN. • NSTALL NEW BLACK WALL TO NGCH EXBRNG BUILDING, WITH NEW ACCESS SAM. • NSTAAL NEW CHuN UNK PENCE SECURITY TOPPER. TOWARD LONG BEACH OONTNIIE ONTO G-22 W GODDEN GROVE FWY USE THE RIGHT 2 LANES TO TARE IXR 14B FOR CMS] N POMORA CONTINUE ONTO G-5] N BUILONO CODE TAKE OCTG 14 FOR DIAMOND BAR DDIS CONTINUE ON S DIAMOND BAR BLYO. DRNE TO MVAN GLENRD TURN RIGHT ONTO S DMOND W BLVD TURN RIGHT ONTO GOLDEN (INIEARATONA SUIBxIG CODE (IBC), 2015 AS ADOPIEG BY THE LOCAL JUPoSgC110N1 SPRINGS DR TURN RIGHT ONTO S I.VM GLEN RD DES'NATON WILL HE BE ON TRIGM DE (xEc) 2G AS [T�qA gETR�TED�AB�Cwwu ADOPTED o+i oxu"E°ERG UOXTCGOENINQ PRGECNION CODEAS ADOPTED BY THE 1�µ JURIS fiCONTPAGC UR'S WORK 6KNL COMPLY WRH TNf Ig65r FD.AN CF THE FCUIYMNG 3TINDMD9. AIERRC ..I- I— (ACT) 318, BUILDING CODE REQUIREMENTS FOR PROJECT INFORMATION - .. - -, BREAODIa55: 24142 MVPN GEx ROM Cu— USE UNIMNMm TOECOMMUNSAIONS FACILINT BAR, G 01]e6 TEIECO Nm XMMNMMAT10119 FACIIJIY U'NIIIDE: 34' Of 41.06' N CO.STRUCTON TYPET.B.C. AP.X. e]04-060-9G2 JURBgGION: CCY OF DOC'2) BN1 Go AMA W INSlR112 OF STER GONSMUGTM! (RISC), MINWJ. OF STEEL- cRli O .INSTRUCTION, Peterson ParF AD THRIEDNII SOMON NAA -G, CNRLL STANDMDS FOR ANTENNA SUPPORTING STNUCNRES AND AMFNAS� RolmTEIECOMMUNIGTONG >. CO IIW AFRIYLL aMA G GROUNDING O BONTRNG REQUIREMENTS FOR INS FOBECRtlCAI AN (IEEE) 81. WIDE FOR ® L,I GELEGIRONICS�CHICERS M RING RESSIN , ((11D CF,MEND 0 AND EARTHSSCE FOR P TION LNG ANDAGGOUNDINO OF EEGBIOx10 FAUIPMEM RE1 E IEEE 12 NATONA EIEGPoC SOJETY CODE, — VERSION DRAWING INDEX REV 10085>fi4•T-1 TITLE SHEET 3 10085T60.GN-1 GENERAL NOTES 3 ONCIA GR-12T5, GENDAL INSTALUTCN REOUIRENENIS i 100B5]60-A-1 OVERALL SITE PLAN 10085]64A ENLARGED EQUIPMENT PLAN 3 3 Pa�OdF ,ANG T1.311, FOR TELECOM - DC POWER St M$ - TEECOM, ENNRDNMEMA PROTECIgN I GOVIINING COGES IF APPUCABtE: N 1 OOBST6WA-0 EXISTING 8 NEW ELEVATION 3 2 10 rwEORxw BUIIBIxc BTANawos PA1INISIMTNE moE i 2016 CAUPORNw BUILD UILO�CODE ' 10-„B5]6T-SQ BLOCK WALL OETAILBOATE DETAILS 3 .18&IFORNu= COEE 10DB5>6W64 BLOCK WALL CONNECTION DETAILS 9 sAn961eH cau'I 1 ^e nrnl. iai GW R 201e GUPORNwFRct'BOOO�E i 1ODB57—E 11 01^JE-L'i 1�E DIA RA 1DOB5>64-E-2 ELECTRICAL DETAILS S ��e+c _ NC sTAlOums Caof 2018 GIIFORNw REFERENCE STN R`S CODE IGOR 64-E-3 GROUNDING DETAILS 3 5 +e,O 2M6 CALF 2 NFPA T2 - FATONA FRE AU ME AND SSN41N0 100BST64-E-4 GENENAC INSTALIANON DRAWING ,0081 SIGNAGE DETAILS 3 3 NORTH SITE PROJECT PARTICIPANTS DIG INFO SCALING DRAWINGS NAME COMPANY NUMBER SUBCONTRACTOR SHALL VERIFY ALL PLUS, EXISTING DIMENSIONS & CONDINONS i ON THE JOB SITE & SHALL IMMEDKT Y NOHFY THE ENGINEER IN WRITHING OF A/E TIM BURMER FM GROUP, INC. 602Q]]-TB]] 0 rAci ANY DISCREPANCIES BEFORE PROCEEDING WTTH THE WORK OR BE RESPONSIBLE 1 FOR THE SUE. r IANDLORD DANIEL FOX THE CITY OF DIAMOND BAR DFOX@DIAMONDBARCA.GOV ow �x/E�r rlswnx.0 SAC MNGR LORRAINE DAVIES GENERAL DYNAMICS WIRELESS SERVICES 4H0-035-1646 1 O 1RR11INM u G L COAST MINOR TIM WILCOX GENERAL DYNAMICS WIRELESS SERVICES 400.286 458 KnmvwbarshBlOW. wi «w aysxmi� r Call b0oo you dig. �°�'/°P '•^� ftVNERAL DYNAMICS Wireless Services BIG. SOUTH DAIiElANO DR. STE B TEMPS, . 85283 481)-296-]460 CAI 10085T64 GENERATOR ADD HWY 60 PHILLIPS RANCH d' °WWTE�A.n_ N'a AO��9 u z ,^ 00 u [ O V 8 8 Q Faso LL o TITLE SHEET T-1 PacklN Pg. 60 GENERAL NOTES' ELECTRICAL INSTALLATION NOTES CONT' 1. MR ME PURPOSE OF CONSTRUCTION GMWING, ME MUA'MNG M ENRONE SW1L MM.Y: 4, CAUES SWlL NOT BE NUMS THOUGH LIDOER� MILE MI RUNGS. CONRNCTOR - GENERAL DMWMICS SUBCONHU-R - GENERAL CONRUCTOR (CONSINUC ION) 3. MR EN) OF VERD' POWER, GROUNDING AND TI CONDCIM AND GBIE $HALL RE UBBID 'MITI OWNER DRIO 1IO EQUI OEM - OREIN& EOUPMIEIT ALWUFACNM COWR-DJOED INSUI.ATMI OR ELEGWIGL TAPE (D BRRED, 1/2 INCH PNSOC DECTRICAI. THE NIM W PBOTBCROM, OR D]WLI. THE IDENARGiNN MEMOD SHALL CONFORM MEN NBC & OSHq M'D MATCH E)QFMG INSIALUTON QUIREMENTS. 2 MR M ME SUBMISSION OF BIDS, ME BIDDING SUBODNRMCTGt SILL VLGT THE GEL SEE TO FMILURUE MEMSLLNS BOTH ME EMSRNG CONDWONS ABID TO CONERN M4T WE WORK CM BE PCCGIPUERED M SHOWN ON ME CONSIRUCTION INUANGS. ANY DECRFPANCY -NO 0. POWER PMSE CONDUCTORS (I.E.. HOTS) SILL. BE V WITH COUM-CODED INSUURON OR EECMMN TAPE (OM BRIO, R !RUN NMTIC BIEGTRM- TAPE IMN UMPNORCRG6 OR EQUAL). PURSE SHALL BE M.- TO ME ATEMON OF CON@ R. CCI N C COG5 slR CONFORM IBM ME NEC & OSM NO LWTCH IXISTNG 1119 ATOM 3. ILL WITERVIS MRNISHM MID INSTRLED SHILL BE IN STRICT AWORNWCE BOTH ALL APPUGBL£ M. REBRUMDONS, MD ORDINWCES SUBOONW&TOR SHILL ISSUE ALL 7. AIL MM MlC& WMPONEMS SHP1L BE CLEARLY UBEIID WIN ENGMVED UMMACOID PUSRC UMBELS. MPROPRMTE NMCES MD COMPLY MIN ALL UWS, ORDINMCES, RULES, REGUTARONS, MD IAWNL OBOEAS OF MY PUBLIC AURNORRY REGWDING ME PERFOR-CE OF ME WORK. ALL P11 EQUIPMENT SHALL BE UBEIID WITH MEN WILTMS M ING. PWEE CON IGUMTON, WE CONFlGUMMRI, POKER OR AMPACRY MRNG, AND BRANCH CRCUIT ID NUMBERS (I.E., PMNFEBGRD AND WORK GRRED OUT SHALL COMPLY BOTH ALL MPUGBLE MUNIGP& .DUD UFURY WMPMY SPECIFlGTgNS I2O LIIGL JUPoSDICRM& CODES, CRDI M M MID MPUiAD E REDUUTONS. CIRCUIT ID'S). B PANGBOMDS (ID NUMBERS) MD INIEWIN. CIRCUIT MEDVE s (GRCuN ID NUMBERS) BM,- BE 4. OEFED CLFPALY TAB D WITH ENGRMED UMMOID PIMIIC UMBELS. 5. UNLESS NOTED OMFRMSE ME WORK SHILL INOME FURNEHING MTERNS. WUPMW' APPURRROICES, MID !MOTS NECEI TO COMPLETE RL INSTMI.AROMS M FBOIGTED ON 9. ALL TE WRAPS WHERE PERMITTED SHWL SE CUT PWN NTMOTORE D ED OWNS TOOL M N&MDVE sM,HP EDGES. USE LOW PROFILES TIE WPIPS. ME MI 11 PO ER, CONTRO, MID EQUIPMENT BROAD WIRING IN TUBING OR CONDUIT - SE SINGLE CONDUCTOR B. DEGEED. ]. ME SUEKA7 MMI s- NSTALL ALL EQUIPMENT AND MATERULS IN 900R CE WIN (12 AN OR UMRGER), NO V, OIL RER MALT MHN OR W%N-2, CUSS B STMNOM COPPER CABLE MI FOR W 'C (WET MD GIN) OPEN M; Us- OR Va ) FOR WE LOCATON MD MCEW'AY STSMM USED, UNLESE --El -.M. MMUMTlJRM'S RECOMNENMRONS UNLESS SPECIFICALLY STATED OMERWSE G IF ME SPECIFIED EQUIPMENT CMNOT BE INSTALLED AS SHOWN ON MEM GRRWNGS, ME 11. SUPPLEMENT& ECUIPMENT GROUO WIRING [AXED INDOORS SH- HE SINGLE CONDUCIOR (B AWG OR SUBNNWACIOR SMIL PROPOSE M &TERMM NSTPLAIKKI FOR -& BY llE CONWICfW. URGER). 600 V. OIL RESBRW MHN OR MNN-2 GREEN INSUMON, CUSS B S Ms COPPER GBIE MIED FOR W 'C (WET MID DRY) UPEMRON; LISTED OR UBE2ED FOR ME UNAIGN MID MCEWMY SYSTEM USED, UNLESS DTHFRMSE SPBCIFlW. 9. RADDNTM N SHALL DERRMINE MGM& ROUTING OF ODNDUR, MMM AND TI GBL6, GROUNGNG GBL6 AS SIYJWN ON ME PCNER, CBOUNGNG MD TDN PLOD OWNS. 12 su UMIENI& EgUIPMEM GROUND WPoNc IDGTED OUNOWS, OR BELOW GMOE, SHVL BE GNGLE SUBCONW4CTOR SIW11 UDIIE IXISITIG MS.MD/OR 5H PDD NEIY TUYG M NECE58lRf. CONDUCTOR 2 AWG SOLID RNNED COPPER GBIE. UNLESS OMERNSE SPECIRm. THE ROOMS SUBODR11V OR SH&L GMERM ME &TGL RWI G WITH THE GONRMCTOR RGRNG OF WENCNING SHALL BE YPP- BY CONMACIOR. 13• POWFH BRING. NOT IN NBNC OR CONCUR.GIWL BEYULT-CONDUc10R THE TC GBIE (12 AN OR URGER), MG V. OR RMISTMT MHN OR WMN-2, CUES B ST-I COPPER GBLE MTED FOR 9O 'C 10. ME WBCONIINCTGt SCOWL PROTECT MERING IMPROVEMENTS, PAVEMENTS, CURBS. (WET .DUD DRY) OPEMROM: WNW CUTER ACKEU USIED OR UIfLD MR ME LDGTON USED, UNLESS LMDSGWINO MD SMN-IRES. MY G4M,OED PINT SHALL HE REFNRED R SURCONIRP-I E)PENSE TO ME SJUNI MFION CO OWNER. ORIERWLSE SPECIFG➢. 14. ALL MMM MO GROUNDING CONNECTIONS SHILL BE CRIMP-SIWI: COMPREMKIN NRE LUGS MD 11. SU GSHWACRM SMEL LECILY PNO PROPERLY DISMSE OFF ILL SClW WTERMLS SUCH MS Co- CABLE AND OWNERR DNS REMOVED FROM ME IXISNNG FACMY. MIENNAS REMOVED D WMENUFG SL SE MIUR MR -011 AT NO WTtERUlS BY TOWS ANO SETTS (OR EQUAL). DUGS MBRILL USS MAN 76C (WC IF AVNUMiJ. SILL BE RETURNED TO ME OWNER'S DCSIGMTED LWATION. 13, URGENCY MO TRAY 5W91 BO DSIW W ercicn FDR FEECIIN:IL USE M ACODROMCE WIFX IRACTOR SHP1L LIVE PENISES IN CtfCONDITION.UI CON L 12, WHCON NUN . "OEM, MD NEC. OEM 13. ALL CONCRETE REFM R WORK SHALL BE DONE IN NIOOMWCE WITH MEPoCAN CONCRETE 16. NEW RACEWAY OR GME MY WILL DUTCH RE DDSITNG INS UNION MHENE WRSIME NSIIME (ICI) W1. 17. TUBING (FAQ OR GIGSU NINI- Olt LC CONDUIT (I.E. RIGID FBE USED 14. MY NEW CONCRETE NEEDED MR . CONCRETON ORK MVE BE NE INNENGM AT 20 UNIFSS SFFCNED. NL CONCREIBIG WORN SIWL SE GONE IN AODCRBWCE RID PILL SCHEDULE S MOLD PIG SC .ENE NO FOR LOGTONs SIIBECT TO PHY6IGLL GMAAF SHILL BE USED FOR E%POSED Iii FORNJUE M SE INDOOR LOGRONS. CON RSE WMI &I 31B CODE REWIRFMETS. MEN 15. ML SMUCFUML S'IEU PORK SCULL BE GONE IN A IN-CE WITH NSC SPECIFIGRMS. 18. EIECMC& MI MBING (MAT), ELECMIC& NOMMETILLC TUBING (ENT), OR RIGID NONMEGLIC CONWT (RIGS) WC, GCXWULE f0) SILL BE USED FOR CONCENID INDOOR IDGRGIS. 16. CONSTRUCTION SH4L COMPLY WNIN SMORGISION 25741-WO 1M5-AOOZ-WW2, 'GENERAL 19. G Mil BREL INIERMEOATE METNLC CONDOR (NC) SHILL HE USED MR OUNOM WGTONS CONSMUCNN SERMON. ABOVE -E. 17. SU ID RRIUGIOR SR- VEREY ILL DOSRNG DIMENSIONS MD CONDMOMS PRIOR TO 2% RIGp NWMIEDILC CONDUIT (I.E. RIGID PVC SCHEDULE M Gt RIGID PVC SCH WUIE GO) SHILL BE ED 9 OR SCIE CURETMEEDG) COMMENCING AIY WOW. ML GMENSIONS OF DISMG CONSNULTION SHOWN ON ME M WNGS MUST BE VEAIRW. 9JBCOTWM,TOR SHILL N., WE WNWACIOR OF MY GSCREPMCI6 PRIOR TO ORDERING IMTERUL OR PRONEGNG W11H CWSWUCOON. OE USED NBOER6BOUND; DIRECT BURIED, IN MUMS LIGHT ENMBE IN qE DUNDE CONCNER N MUMS IM NEW VEHICLE TRIRIC. 10. ME IXI.. CELL SITE IS N NLL WMMERGML LPEMRON. TNT CONSRUCTON WORK BY 21. UDIID-TOM MEDDLE METNLC CONDUIT LIWIO-THE FIE%) SHRL BE Us. INOOORS MD SUSCONMACTOR SHUL NOT DISRUPT ME DISING NORMOPERARON. ANY WORK ON IXISMG OUTDOORS, COHERE MBMTCN WWAS OR TUB' IS NEEDED. FRUIW-M-PNERT MUST RE COORDIMTED WIN CONNKTOR. ALm, WORK WY N® M BE UUM FOR M MV NCE WINDOW M MLY IN LOW TRAFFIC PEROM 22. CONDUT MWL D NEW ETTINGS SIBE WRGDM OR COMPRESSIONI MO M IPROVCO FORME &TER MIDNIGHT. !UNCTION USED. SETSCREW TTTINW IRE NOT PCCBMkBIE 1% SINCE ME CEL. 511E WY BE ACRVE, ALL SURETY PRECAMONS MUST BE TANM WHEN 0. WIINETS. BOOS, MD NRMAYS SM. BE USIM OR UB UM FOR ELECERIX USE IN ACCOMMCE WORKING MOUND HIGH LEYES OF FLECIROWGNEW RPDMTON. EQUIPMENT SNIU O BE WIN NEMN G. MS/IEEE, MD NBC. SHUNOWN PRIOR TO PERFORMING MW' MIRK TOOT CCU) &POSE ME WORIQRS TO -GE. PEABON& BE IXPOSUE MONITORS ME REQUIRED TO BE WORN TO ALERT OF ANY DMGEFOUS 24. C431NETS, BOLDS, MD NREWAYS M WTCX WEIXISIING INSTPLATION WMEDE BO548LE .-ME LLB' 25. MREWAK SILL BO FPO%Y-COALED (qU,l) MD INCLUDE A HINGED WJBV, DESIGNED TO SXINO OPEN DOWNWMD; SHILL BE PMWIT TYPE E (W MAD; MD MTED NEW 1 (OR BETTER) INDOORS. OR NEW M ELECTRICAL INSTALLATION NOTES: (OR BETTER) OUTDOORS. M. EQUIPMENT CI&NETS, TERMIN& BOMBS, JUNDUCH BOXES, AND PULL BODES S1WLL BE GNUMDED OR 1. MIRING MDENTY, MD SUPPORT MEMOS MD MI S COMPLY WITH ME REWIREMENIS ww-CGTED SLED SIED. - MEET OR IXMEID UL SO. MD MTED NUN 1 (OR DEFTER) INDOORS. OR OF ME NBC MO TEECORDW NEMA 3R (OM RTTER) CURNOuIS'. Z. SMCONRAMR SHALL MODIFY EI( NG GMLE MY SYSRM M REQUHED M SUPPORT RF MD 27. MFT& NEC-, III MD ONCE BODES SNML BE GLVMMED, EPO -CG QED, OR NON-CORRODINR iR/NSPORT HUNG TO ME NEW EFTS WUIPMENT. SMCONM&TOR SHILL SUBMIT YWIFIGTONS TO CONTVMR FOR ATRBOVIL SINL MEET OR IXCEM UL 51M MD NEW OS 1; MA MTED NEW 1 (OR BETTER) INDOORS, W WEARER PBOTEGED (COP OR BUMPER) OUTDOORS. 3 RL CIRCUITS BHNE BE SMRMCED AND MMNMN MNIMUM CURIE SEFMMTON M REQUIRED BY ME NEC MD TELLOMP, GENETS& ROTES ELECTRICAL INSTALATION NOTES CONT' M. NONMETNLC RECEPTADEE, SCOTCH. MIO COME BOIffS GIML MEET W EMEED NEW OG 2; MID RATED NEM 1 (OR SEMEN) INDOORS, OR WEATHER PROTECTED (ALP OR B£TIE16 OUIIOORS. 29. WE MROONTTU- SHILL NC1iY AND CEO NECE5MD' AUMORDATION FROM THE CDNITU-11 BEFORE COMMENCING WORK ON ME AC POIYER DIMIGUIION Pm - DO. ME SUBCONFR . OR SERE PROVIDE NEC- TMGGNG ON ME BREMERS. MILES AND DISIRIBUIgN PMFLS IN AWORGMCE WITH ME MPLCMLE ONES AND STMDNOS M SAIEWMD AGMNST LIFE MID PROPERTY. GROUNDING NOTES 1. THE GUBOONTRACTOR SHALL RENEW AND INSPECT THE ENSUING FACILITY GROUNDING SriTEM AND UGNMING PROTECTION SVSTEN DESIGNED AND INSULTED) FOR -a COMPLIANCE WITH THE NEC ADOPTED BY ME MJ), TIE SITE -SPECIFIC (UL, UPI. M NFPA) UGHNNG ROTE . CODE, AND GENERAL COMPLMNCE WITH TELCMDM MD M GROUNDING STMWUCS. WE SUBCONTR&TOR SHALL REPORT ANY VIDNTONS A ADVERSE FINDINGS TO ME CONW-MR FOR RESOLURON. 2. ALL GROUND ELECTRDOE SYSTEMS (INCLUDING TELECOMMUNICATION, RADIO• UGHTNING PROTECTOU AND AC POWER GES'S) SHALL BE BONDED TCO M' AT M BELOW GRADE• W TWO OR MORE COPPER BONDING CONDUCWRS IN AD OQWCE WITH ME NEC. 3. WE GMNOD MCIOR SMALL PERFORM IEEE FALL -OF -POTENTIAL RESSTMCE TO EARTH TESTING (PER IEEE 1100 AND H1) FOR NEW GROUND ELECMODE SYS IS. E SUBCONTRACTOR SCULL NRNISH MD INSTALL SUPPLEMENT& GROUND ELECTRODES AS NEEDED TO _NNE A TEGF RESULT OF 5 OHMS OR LESS. TESTS SHILL BE PERFORMED IN ACCORDANCE MW 25471-000-3PS-EGOO-0001. DMIGN & TMIIING OF FACILITY GROUNDING FOR CELL SITES. 4, MET& RACEWAY SHALL NOT BE USED M ME NEC REQUIRED EQUIPMENT GROUND CONDUCTOR. STRANDED COPPER CONDUCTORS WTM GREEN INSUUTION, SIZED IN ACCORCMCE WITH ME NEC, SHALL BE FURNISHED AND INSTALLED BOTH ME POWER CIRCUITS TO SITS EQUIPMENT. S. EACH ENS -NET FRME SHALL BE DIRECTLY CONNECTED TO ME MASHER GROUND BMt WITH GREEN INSVUTBO SUPPLEMENT& EQUIPMENT GROUND WIRES, 6 AWG STRMDED COPPER OR IMGER MR INDOOR BUS: 2 AWG STRANDED COPPER FOR OUTDOOR BIG. 6. IXOWERMIC WELDS SH&L BE USED FOR ALL GROUNDING CONNECTIONS BELOW GRADE. 7. &PROVED MDo IGNF Ow".Q.E, CONOUCRVE GEL OR PASYE) SHALL BE USED ON A.I. COMPRESSION MID WI DiDUND CONNECTIONS. B. ICE BRIDGE BONDING CONDUCTORS SHALL BE IXOWERMICRLY BONDED OR BOLTED BOTH GTRNUMS STEEL HPADWME TO ME BRIDGE AND WE TOWER GROUND BAR. 9. N.UMINUM CONDUCTOR OR COPPER CLAD SOUL CONDUCTOR G+ML NOT BE USED FOR GROUNDING CONNECIIONS. tO. MECELLMEOIE aECI - NISI NON -RFC - NET& BOORS, -Es MD SUPPORTS SH- BE BONDED 1D ME GROUND RIND, IN ACCORQMICE MM WE NEC. 11. NET& ONDUR AND TMY SCULL BE GROUNDED MD RIDE EIECIRR Y CONTNUOUS CORN USIFD BONDING FBIINGS OR BY BONDING MAtWS ME DEDMINURY WIN 6 AN'G COPPER WIRE UL APPRMFD GROUNDING TYPE CONDUT CWIM. 12. GROUND GWDIRTONS USED IN THE MIIM MCMD MD UGRNIW PROIECDON SYSHMS - NOT BE ROUTED WHOUGH METDLEC MUMIS MAT FORM A RING /AQUND ME CONDUCTOR SUCH M MEGILC CONDUITS, MET& SUPPORT G,IM OR SLEEVE TIt(IUGH DUALS OR FLOORS MEN IT E REWIRED M BE HOUSED IN CONDUIT TO MEET CODE REWRUIENI3 OR LWAL CONDITIONS, NONE C MTERUL SUCH M PVC PLASTIC CONCUR SHILL BE USED. WHERE USE OF MET& CONOW IS UMVOIOMBIE DEG.. NON-METAWWR C GORPROHIBITED BY UDC& CODE) WE GROUND CONDUCTOR SILL. SE WNOED M Mil END OF ME MI WNOUR. 13. I11 TOWER GROUNDING Gi5TEM5 SHILL COMPLY MUM WE RWLMEMENR OF M 222. MR TONERS MING BUILT TD REV G OF ME GIMIMD, ME WIRE SITE OF E BURIED GROUND IM MD CONNEOTONS BERNEN ME MM MD ME BURIED GROUND RING MUJL BE GWIGED FROM 2 AWG N 2/0 AWG IN AWIRON, ME MINIMUM LENOM OF WE GROUND ROW SHVL SE NGRFASED FROM 0 FEET M 1014. RISERS & IXPOSED CMDUR TO BE SCHEDULE 80. GENERAL DYNAMICS w".1 ss Services 6664 SCUM CA -ND DR. SITE B TEMPE, AZ M283 480-2➢6-7460 10085764 GENERATOR ADD HWY 60 PHILLIPS RANCH Lz GO u O LLo TTIRE GENERAL NOTES GN-1 Packet Pg. 6'1 SCOPE OF WORK NOTES: GENERA: NEW GENERAC DIESEL GENEPATOR PRONDED W GENERAL DYNMA105 AND INSTAIID BY GENERAL CONTRACTOR. • NEW 4'-0X 10'-0' CONCRETE PAD PROVIDED AND IN ALED W GENERAL CONRUCTOR (AS REQUIRED) SEE S-1. • NEW GENERAL AUTOMATIC TRANSFER SWTCH PROVIDED BY GENERAL DYNAMICS AND INSTALLED BY CONTRACTOR (/S REQUIRED) SEE E-3 @ E-4 CONTRACTOR TO VERIFY ALL EQSRNG UTUTES PRIOR TO 00 SMUOMN CONTRACTOR SIM1L RESTORE AND REPAIR ANY DAMAGED AREAS CAUSED W CONSTRUCTION TO ORIONAL OR BEfIFTt CONDNION. CONDUr S: • INSTAll PULL STRING IN EACH CONDOR • (11 NEW 2' AND (1) NEW 1' EllLiRIM CONDUITS WITH WITH CONDUGTOHS TO RUN Mkt. CONDuT PROVIDm RACTOF. SEE 11, CABLING PROVIDED AND DR. SEE E-1, E-2 @ E-3. BRO NO RODS NO MORE TIAN 16'-0' APART I -FRAME PRONDE NEW H-FRAME IF REDUIRED, USE ALL GALVANIZED COMPONENTS, WHRE PIASTC END CMS ON UNISTRUTS, WEATHER CAPS ON TOPS OF PIPES AND CONCRETE uPPORIS BELOW MOST MNE. TOP OF FOMNG SHOULD BE AT LEAST 2• ABOVE EXISTING GROUND LEVEL SLOPE THE GROUND AWAY FROM THE H-FRAME FOR POSITIVE WATER DPNNAGE OFF THE FORM. � IX6TING NONOPOE � wannaawuunti� Exl T FENCH, BLOCK WALL NEW ACCESS GATE NEW 3— GENERATOR �gat&t . Mobility GENERAL DYNAMICS Wireless Services 6B% SOUTH DATPIAND DR, STE N IEMPE, " 68m MO-2G6-7460 REMOVED k REPIACED FOLLOWING NEW IRRMATON SYSTEM INSTALATON (IYP.) 1 mini SEE UIPMQR _ i i I i T0085764 GENERATOR ADO HWY 60 PHILLIPS RANCHA. MT s I- Ln o ffi E00 0 r 4 -Mid zm? Q ssa.. LL T°11-1 OVERALLSITE PLAN o• ld o a Z ER 1•' 20 woRTx G �L _j OVERALL 511E PIAN 1 HD Packet Pg. 62 NOTE: MUSE M4INTAN A MIN OF 10' FROM GHELTER DOOR TO OEN IXH`E TO NEW IXISNNG ed'-D" HIGH MONOPOLE � F- EI■� - ■ ■ ■ F ■ ■ F ■ T■ a 1 i3•a- � _`—�- MEW GENERA- 30M DIESEL GENERATOR PER MMUFACNRERS' SPECIFlCMIM. GENERATOR IS B'-O• HIGH FROM TOP OF STAB. PER NFPA 110 - OPTIONAL REQUIRED SFANORY ARE DEPARTMENT NOTES: 1. OCFA INSPECTION REQUIRED: SCHEDULE AT EIASf 2 DAYS IN ADVANCE, AT 14-573-6150 2. A 20-8:C PORTABLE ARE EXTINGUISHER WILL BE ON STIE 7 M WANED AS OPERABLE 3. A CM PERMIT FOR THE TANK WILL BE ISSUED W WFA INSPECTOR. 4. STORAGE AREAS SHALL BE MR FREE OF WEEDS AND EMRMEOUS COMSUSTIBLE WTER G. 5. OPEN FLAMES AND SMONING ME PROHIBITED WITHIN 25 FEET OF THE STORAGE TANK AROED EWIIPMEM PLAN 12x12 OPENING FOR VENTS uat&t Mobility GE N IRAL DYNAMICS Wireless Services 6864 SOUTH DAIELWD DR, STE B TEMPE, A 85283 480-286-7460 R ON fql NEW GENERAL TR MOUNT SEER. MS C MD TO DI. TOGEMER. TO BLOCK WN.L NEW 2 10K ARE M EXRNCUISHER, PER 10085764 CFC -6.3 GENERATOR ADD IXISDNC IANOSCA%NG VEGETATION, TD BE REMDYED & REPEALED Y HW60 PHILLIPS RANCH FCiLOWING NEM IRRIGARON SYSRDd pry GLEN ROAD INSTA OION DYPJ xOVBAR, to s1T4s AT&T EQUIPMENT SETL D �Y�f4 a �au4D -NEW AT&T UNDERGROUND ELECTRICAL SERVICE & CONTROLS TO ElOnNG j EQUIPMENT SHELTER. GC TO FIELD LOCATE IXISIIHO UTILITIES PRIOR TO DIG. W AA,A z o Lo 00 O° 8 x LLo N�11 G 1/2• - 1'-Oi ENLARGED EQUIPMENT NORTH lu.:meiy 1/4' m 1 -0' PaOket:Pg: 63 6A.b mat&t �.� Mobility GENERAL DYNAMICS - Wtre _ Services 66" SOUTH DATELAND DR, BTE B TEMPE. A SM3 480-298-]48O CC DO CC m UlllNf IIVI.� 10085764 GENERATOR ADD HWY 60 PHILLIPS RANCH UWNG NNA �7 IXISRNG j ANTE o IXIBIING MONDPLOE 4 IXISIING MONOPLGE � Df DAV� IX NG EQUIPMENT—,C SHELTER DO— EDUIPMEM SHELTER 0 0 NEW TANK 12' ABDVE GRADE o -MINIM I IXISTING UNDG04PING�VEGETATIDN, NEW GENERAL 30NY1 DI TOR PER MNNFA RERS' TO BE REMOVED @ REPLACED F NERPoGiAON SYSfEN SPMIOCATION. GENERATOR ]_] HIGH FROM TOP OF STAB. gLLAW1N0 PER NFPA 11 PITON STANDBY��O WTI z NEW TM SWMPWONE BLOCK WNL (TO MATCH UMNO) - NEW IRRGAAON BYBIEM & UNDS PING VEGETATON (rmJ W ti LIDco z p €_ O �a�s O s r WR SHEETTIn EXISTING AND NEW W a '7 ELEVATION IXISNNG SOUM E—MON 12 NEW SOURI ELEVA— , Packet Pg. 64 RE REPLACEG W/ NC (MUST CONFORM ro ENERGY ESFICIENCY NORM ELEVATION Vat&t Mobility GENERAL DYNAMICS Wireless Services 6684 SGUIH DATlIAND OR, SIE B IENPE, AZ 85203 480-298-J4W .... 10085764 GENERATOR ADD HWY 60 PHILLIPS RANCH •� UWNG AMENNA I.. MON IXOPIDE Gf �GEff� s IXIS mE oyp)� ro " cAuaE>:N DERV EPFIQENCV REGUBiEMENh NEW WROUGW IRON ACCESS GTE, NEW TPNK VENT, PAINTED TO MATCH WALL S 12' AO WE GRADE ,^ F. g ui_ o 00 IGTION SYSTEM R NEW WROUGHT IRON ACCESS GTE. PNNTEO N1 MATCH WA11 8 T VEGETATION -A) � 'STONE BLOCK NEW GEN— 30KW 0 TOR PER MPNUFACNRERR. SPECIml N. GENpNTOR 7'— HK91 FROM TOP OF SUB. V TCH E%158NG) PER %HINOIWAIL OPIpN 5T CENEMTOR �. LLB EXISTING AND NEW 1� r IW 1 / • ELEVATION UlF G E ei„�.`S wq I/I6• = I'—G' 1/16^ - 1-0EET NUMBER 121 NEW NORM ELEVATION STRUCTURAL GENERAL NOTES 1.0 GENERAL CONOOGNS 1.1 CENGX-1 AND CONSMUCOF OF AIL WON( Mi CONFORM TO LOCAL WILDING CODES, EII K ACT-318-14. IN CASE OF CONNGT BETWEEN THE CODES, N�RCS, TS.USE ME SFRINOENRON5, GENERAL NDT6 AND/OR IMNIffACTUREfl'S REOUIflEMENiS.USE THE MOST SMNGFM P PRESS IN IN THIS PROTECT MT 1.2 IT 5 THE EXPR65 INTENT OF PMDES IWLNCDINDEPENDENT RME E CONIMCTOR OR SUFN%INIATE M OR INOEPEGEM CONNEER, T OR THE MUCTITNE EMPLOYEES SHALL EXCULPATE THE ARCHITECT, THE ENGINEER, TECH. CONSMUCRON �GER, THE OWNER. AND THEIR AGENTS FROM ANY 11PBIUIY WHATSOEVER AND HOLD THEM HARMLESS AGAINST LOSS. GES OR ANT EXPENSE ARISING IN ANT TM , ME WRONG� ORNE FAUURME TETHNI7EftMESMOR �)%• EXPANSION ANCHOR PROCEDURES OR FMLURE 0 CONFORM TO STAM SSCAFMI.OIINNG ACT IN CONNECTION WITH THE WORK. 1.3 DO NOT SCNE DMWINGS. (OTY R SPACING PER GEN INSTALLARON HECB.) 1.4 WDRIFY ALL EQUIPMENT MOUNTING DIMENSIONS PER MNUFA URER OMWINGS 1.5 DESIGN LOADS ARE (GENEMC): LIVE LOAD : IN PSF EQUIPMENT SIZE 144• H. 108• W, 3Z.4. O WEGH1 WIM WOODEN SHIPPING SKID ENCLOSE) GENEMTOR WIM EMPTY R. TANK SIZNE 1904— Z.0 FOR DESIGN ANO ANALYSIS GF ME FOUNDATION, THE MINIMUM NET SOIL BEARING CAPACNY 5H4LL BE A58UME0 TC BE — IS,3.0 L95G6EiE 3.1 MEET OR EXCEED ME FOLLOWING CODES AND STANDARDS: DESIGN .1318-14 CONSMUCRON AG 301 DETNUNG CRSI MPNUPL OF BTPNDNRD PRACTICE REHR ASTA1 A 815 DIME 60, DEFORMS) STEEL MIXING ASIM C 94, RFAOY MIX CONCRETE NR ENMMNMENT Aq 318 M. ASTM C180 AGGTATE A41L1 C 33 ANI) C 33O (FOR LIGHT WEGHh J.2 CONCRETE SMFNGM T 2B D Y SHALL BE 4000 PSI MINIMUM. 3.3 DO NOT HELD BEND OR WET➢ TO GRADE SO RENFOROM WEL 3.4 PROWDE NR EN INED CONCRETE WITH NR CONTENT OF 5 TO I FOR AIL CONCRETE EXPOSED TO EARTH OR WEATHER. 3.5 MAXIMUM AGGREMTE SIZE 3/4• 3.6 DO NOT USE IN ADMIXNRE, WATER OR OTHER CONSRUENR OF CONCRETE WHICH HAS CN.CIUM CHLORIDE. .Z MINIMUM COVER FOR RRVSNIFORCINOG SH— BE AS SHOWN ON FIAN. SSTEEL 4.0 F'mNMnON , 4.1 — SH— BE CONGR RUCTED UPON UNCS UBED, MN)RAL SUBGRODE OR COMPACTED GRANUWR ELL WITH AN /SSUMW MINIMUM NET ALLOWABLE BEARING CM 1 OF 1B00 4: ALL ORGANIC AND / OR OMER UNSURB MATERIAL SMLL BE REMOVED FROM FOACU—FUN ANC STAB SUN RADE AND MCKHLL AREAS, AND THEN BAOGNLLW WITH RWUTAR ELL COMPACTED TO 85 PERCENT OF MAXIMUM DENSITY T OPTIMUM MOLSMRE COMF.NF (ASR4 D165». 4.3 ME C_SHNL FROWDE ALL NECESSARY MEASURES TO PREVENT ANY WADER. FROST, OR ICE FROM PENEM0NG PNY FDORNG OR SMUCNNM SUHGRN)E BEFORE AND PF1FR RACING OF CONCRETE, AND UNNL SUCH CONCRETE HAS FULLY CURED, SMUGNML GENERAL NOES 1 3 GENEMTOR STAB DOUBLE WALL FUEL TANK BASE GENERAL NOTES REF: AFL 25OKW GENEM DR PACKAGE OURINE OF GENER UL REGIBM— NUMBER: MH18459 U.L 142 DOUBLE WALL FUEL TIR BASE SP RCKRON FUEL TMRK RASE CGNSIRUCRON: • BE DOHSMUCTED IN ACCORMNCE WITH UNDERWRITERAIRORAT S IORIES STANDMD UI- 42. BE CONSMUCMD IN ACCORDANCE WITH FLAMMABLE AND COMBUSTIBLE UOWDS CODE NFPA DC; THE STANDARD FOR INSTALAT CN ANC USE OF STANOMRY COMBUSTIBLE ENGINE MID GAS NRBINES, NFPA 3Z; AND ME STANDMD FOR EMERGENCY MID STANDBY POWER SSTELR . NFPA 11G. 127 (M•,' • ANCHORS MINIMUM 4 a If• MR GEN-SET MOUNTING SUB B/SE TANK TEO: PRIMARY TANK AND SECONDARY CONTNNMENT BASIN SECTIONS SH BE PRESSURIZED AT 3-5 PSI AND L -CHECKED TO ENSURE INIEGRRY OF SUB HEAW HEX NUT LOCK WASHER RAT WASHER GENEMTOR MOUNT P A E 1lj f/� CONCRETE PAD f— %" oM. ANCHOR RO SIMPSON BMONG BOLT 2 SS EXPANSION ANCHOR )£• DI4. NOTE 1. PER COFESR-303Z \ SECNON 4.3 INSTALLATNN TOPIC OF BOFf/LB 05 O 12. 3/4• TO CHPMFFA CONDUR PER TO 1• CHAMFER EXPOSED EN. MY WE1D SEAMS PER UL-142 STANDARDS GMDE • . FUll ELL 5 GNLON SPILL CONTNNMENT WITH MARM 4OS REMNNING FOR A RM ZG% REMNNING FOR SHUT-OOWN FACTORY PRE-SET AT 95X FULL FOR ALMM FUEL CONTNNMENT BASIN: SUB BASE TANK SHNL INCWDE A WELDED STEEL -- -- COMNNMENT BASIN, SIZED AT A MINIMUM OF 110f OF THE TANK CWACRY TO PREVENT ESCAPE OF FUEL INTO ME ENWRONMENT IN THE EVENT OF A TANK RUPNRE. A FUEL CONI NNUE.T BASIN IENR DEFECTOR SWTCH SHALL BE PROWDED. _ CASE CONCRETE PAO IN PLACE ON COMPACTED MINE SOIL DOUBLE WNL FUEL TANK BASE SPECIECATION GENERATOR SL.A9 SECTION mat&t Mobility GENERAL DYNAMICS Wireless S6MCBS 6664 SOUTH C T 0 DR, STE 8 TEMPE, AZ B52B3 480-2BB-146D U19.11lf ELVI. � 10085764 GENERATOR ADD HWY 60 PHILLIPS RANCH I Ed' o Lo�1� /�� o 00 Q asap TN o IIFOUNDATION DETAILS S-1 Packet Pg. 66 .b Oat&t �,/ Mobility 8"BLOCK WALL SOLID GROUTED TS 4^' x 2° x 3/16" GBNEFI MYNAMICS FINISH PER ARCHITECTURAL PLANS (PAINT TO MATCH Wireless Services SLUMP BLOCK BUILDING) 6664 s TH wlEteeD De, slE a TD.1PE, Az eszea 460-296-7460 #5 CONTINUOUS IN GROUTED BOND BEAM EXTERIOR WIND INTERIOR -WIND - METAL PANEL CONT. STL. CHANNEL FRAME W/ HINGE 'nu NS VERT. AT 32" O.C. MATCH DOWELS VERT. BARS AT CENTER WALL BOLT OR WELD TO PIPE. _ 10086T64 �I 9ga. DURAWALL AT 16" O.C. ro GROUTED CELL 3/4" X 6" EXP. 3 HEAVY DUTY BUTT GENERATOR ADO W/ #5 CONT. ANCHOR BOLTS HINGES. WELD TO HWY 60 PHILLIPS RANCH (MIN. 3) JAMB. #5 VERT. DOWEL @ 32" O.C. #5 CONTINUOUS IN ' GROUTED GRADE BEAM �Q FENCE DUAa 3 p I #5's TRANSVERSE 6r cA \ @ 24" O.C. I was - Df 3, u z (3) #5'S CONT. IN FTG. E n e NOTES: 4 1. MASONRY I' = 1,500 PSI 2. REINFORCING A615 Fy = 60 KSI 6 3, MORTAR TYPES F'c = 1,800 PSI swMl+ aLOcrc wnlu, aa1FDED 4. GROUT F'C = 2,OOG PSI MATfN EXI611NG 6MOLING 5. CONCRETE = 4,000 PSI z^xe•msEsrEEL 6. ALLOWABLE SOIL BEARING Qs = 1,500 PST MINIERATOMNINGs IT to R hz U)00 o BSS� LL e c °ynE snEe-rnnE BLOCK WALL DETAIL & GATE DETAILS ve^ salDsouanE Macsrsar LEss'Mpx4^ O.c. wlrN sNEer sNeET t=uMeea METALBACIWG S 2 FENCE DEfN13 2 13O WALL DUAL 1 FPSt`I¢et P� BI 6A.b BLOCK WNA BLOCI( WI1L ,��, r0 � 4 ^ ` 5'-4' 3'-0' 0'-O' 4'-0 3'-4' WALL GAP « `:�aMobility TENSION BANG W/iENSION a BAR. BANDS 0 12" C.C. MAX. CNAIN LINK FENCE COVER GENERAL DYNAMICS Wireless Services I Z` r p m r -. a— ?-1/2'0 SCHED. M GPLV. PIPE LB'x5"x5/is' GONT. STEEL ANGLE �d 1/2'0 U-BOLT ASSEMBLY 0 24" O.C. DR, OA 6664 SOUTH TELWD STE III 1EMPE, AZ BS2B3 4B0-2G6-74B0 L r •,-, ( ' ( ° LL I - 3/8'0 S.S. ALL THREAD ROD AT 24" O.C., EPDXY INTO GROUT FILLED CELLS W/ HILT H DOR OR EQUIV. EMBED 3" MIN. (CIO.JIlC ' L e J I a E ( _• .. ". IF HOLLOW �su%mn%xouE iz esa�m ' 5/B'0 S.B. ALL THREAD ROD AT 16" O.C., EPDXY INTO HOLLDW CELLS W/ HILTI HYTD Nu. EN 5 APPROPRLATE SCREENS OR EQUIV. EMBED 10065764 (N) COMPOUND WALL d GENERATOR ADD HWY 60 PHILLIPS RANCH SEAL NEW B' NIGN M NEN CHNN LNN M x BLOCK WALL FENCE WEBBING NEW ANGLE MOUNTE TO NEW WALL 29'-B' BLOCK WALL OWNN LINK FENCE SECURITY TOPPER PUN FEW (GROUND EQUIPMENT REMOVED P0P CURRY) N.T.S. 1 CHAIN UNK SUPPORT SECTION AT WALL N.T.S. 2 OF CALA 2-1/2"0 SCHED, 4C GALV. PIPE j Ga'x6'.5/ta" CONi. STEEL ANGLE L5"x6"x5/i6" CONT. STEEL ANGLE j I � I I La'm'.s/1e° can. STEEL ANCLL g I 1/2"0 U-BOLT ASSEMBLY 0 24" O.C.ITU ° CSE B35 STEEL FOR ESCHEW LE w PIPE i CSE A325N STEEL NR BOLTB 6/8'0 ANCHOR DOLT 0 24" O.C. 4) USE 5/a'p S.S. ALL IHRE±O ROC WpHY2aoR EPoxY w EPDXY W/ HILT-HY ?OCR BY HIUI ) USE ETC ELmm.O MR WEw R AWS REOaR—IR B) ALL 41f6 - NOT MIREIN OIPNG 'NUT FucE swx I _ s Is" O.C. 5/B'f ANCHOR BOLT 0 24. OC ENXY W/ WLT-HY 2OOR BV HILTI � W 1_ co O �S�S a Tu o IT - CHAIN LINK FENCE TOPPER DETAIL SHEET NDER SUPPORT ANGLE ELLVATION AT WALL N.T.S. 3 SUPPORT ANGLE AT CORNER N.T.S. 4 S-3" Packet Pg. 68 6A.b wat&t Mobility aNEW BLOCK DRILLED HOLE DIA (RE CIA +1/87 NEW #5 REBAR DOWEL. 12" GONO—L. —A- CS O.C., HEIGHT OF WALL Wire I— Services 6664 SOUTH DATO.MD DR, WE 6 TEMPE, P UM EPDXY (SIMPSON SEf %P JESffr RE 49o-2Y8-7480 500SD [ESR 2322])LT d . ep IC 10085764 " GENERATOR ADD stt[Nn HWY 60 PHILLIPS RANCH ° �a E%ISRNG BLOCK WALL —SPECIAL INSPECTON REQUIRED sFAL �O�N?f4 REMR EPDXY DUAL H NOT UBED 2 ?9 T p IV P V-1 J I Li ro� �Drill and Epnq Requlremente Pgi ��Ae x gee E9R2i0B Drill and Epo>y p Wb me Pg 2 bee ESR �A AMM`Tw CONsuumTs. PLu Lo 00 o € Is 'Ing Q �aawo LL F AMM7.EDCoNSMAN91N,rLLC RE TIrLF Co.�svrmmc Eti mee me SeRvf u'� BLOCK WALL ` CON NECTIONN DETAILS GRILL B FPDXY REQUIREMENT DI-L. 13 1 DRILL h TPDXY REQUIREMENT DUAL 4 s �_ • R Packet Pg. 69 Packet Pg. 70 NOTE: CONTRACTOR TO LABEL WIRES IN P-TOUCH OR SIMILAR LABELS ONLY. ABSOLUTELY NO HANDWRNTEN LABELS (3) 20 AMP i6 NOTE: CONTRACTOR TO UTILIZE NEXT AVAILABLE IN SEQUENCE SINGLE BREAKER POSITION FOR GENERATOR, BATTERY CHARGER, BATTERY HEATER AND BLOCK HEATER. SECTION A -A HOLE: GC — USE NON -SHRINKING CANT% TO WEMHERSEAL all PENERUTIONS — OR TIROUCR SHEZ R WALL mumm matimm /at&t " Mobility GENERAL DYNAMICS Wireless S—l- 6664 SOUTI DAIEWND DR. SIE B VMPE, . 86263 480-298-"l460 nt 1 OOT7164 PR GENERATOR ADD HWY 60 PHILLIPS RANCH mamaxo anR, ca 9n�e6D ,� W P- LO LO co O O LL ELECTRICAL DETAILS E-2 Packet Pg. 77 6A.b 82AWG BARETINNED GROUND WIRE OEXISTINGSHELTERGROUNORING.iF�^� Q TO -S ING SHE FROM ON. NING Q fVV' GROUND RING. INSTALL GROUND ROD.RODSI—INGMAX I6'.TOPOF _ Mobility ROD _ROUND WIRE TO BE BELOW FROST UNE GROUND �, wuxcovxu�x�al]ewexT�wovu». GERPERMANUFACNRER xR x RECCOMMEOMMENDATIONS ISTING TPAmcsAEn ,wFn EGUIPMENr GENERAL DYNAMICS j SHELTER °°�wx°"n"^x'�' ewwrt Butt xrtueexw WtrG -ServIGG CONCRETE 32AWG BARETNNED _ 6684 SOUM G—ID OR, STE B GROUNDWIRE �_ w cwclx¢ TEMPT AZ BfiXe3 QAWG SARETINNEDGRCUNDWIRE CONNECTED TO 480— S—T4BD TO EXISTING FENCEGROUND RING — —� EXISTING SHELTER III I mwavex.semoussaTn�.cx x zwcxes (IF EXIST. FENCE IS WITHIN 6'-0'OF 'fir GROUND RING earvM[wr PROPOSED GENEMTOR) POWER AND E reoxwsrzni TRANSFER SWNCH — I wcrE Nnw� COMMUNICATION COOyu IUIGTnclusmiM+s m*I - /A{ NDUITS EXISTNG WIRE FENCE) E%ISTINGGROn mxouxmsxanx ° weE ow W� cI�-m j IR E �vFnvmm io�unun ucurvnmuwExExrs. EXISINGSERVICE TOO 64 I DISCONNECT GROUNDING 4 EXISTING EDUIPMENTJ GENE IT. —E ADD SHELTER GROLOCH c HY✓Y 60 PHILLIPS RANCH (FIELD LOCAT) °BAK cn°e"v°AesD FOR ACTUAL ORIENTATION OF GENEAATOR,SHELTER, FENCE, SEAL TOWER 8 WG POWERIfELCO ONDUITS 9EE DMWNJGS A-1 GROUND SM PVN 3 CONDUCTOR BUR REMGREN— 1 W CLL\ UNISTFWTMOUNTINw oIMRT CONSTR CGGN USE HOLLOW TOGGLE BOLT H OLIUOW. AT CONCRETENO OCK(IIOLLOW) IIV. .111- YIEH SCREEN MNEOMENTI— atET(souDl D6.1MUME 0 HSTIHYt58 WITH SCREE Mo�OFa�LEs I o� oro IN —ER UNIS R M b �ARRCIE250% NC FEN NFPATU, ¢ b 1 F6iFWVENf ELCW Rp43IURELEVEI 8 TO WALL TTTP OF 2) _ 0 G UND ROD SN—NOT H-TESAN— ON WNE Is FOR WALL M—AND CONIECTION OF CHAINELS F10W 2�,meOHMr anT ETSEEO u Z ax, 3S 00 R O 8 56. O C U U o \ \ a SENONS RINGIN ORT RTOUGH� P-0O,NFil lgf CNMIMMUM 9¢E aFORDUNDRWTO SHEETL LP TRLE NEw MFGxANICALCDNNECTIDNwml,n aE INsrAueD GROUNDING DETAILS E NUMB TER INSECT ATS MOUNTING DERAIL 4 GROUND ROD DETAIL Z E-3 Packet Pg. 72 OJ750OF II�IIG'�R�� I� ICI DIESEL 2,4L G16 1-2A Y02 SSM INSTALLATION DRAWING 190 GAL EXT VNT/FILL DEQ TANK ISSUE DATEi 11/19/14 SALES SPECIAL OJ7500F,DWG = 30 us CO OJ750OF uat&t � Mobility W�,D�DBe SDD,�DDB 8684 SOUTH DArBIAND DR, SIE B IFMPS. AZ 78 /80-298-'/480 10085764 GENERATORADD HWY 60 PHILLIPS RANCH DIpxONDVANG 4N91711 i*b Vat&t 301 Mobility GENERAL GVNAMICS Wireless Services 8864 mm DATDAND DR, STE B DIESEL FUEL, 7.2" HIGH EG COLO COLOR: "DE, s-iiso 190 GALLONS N BLACK G��c 3" HIGH LETTERING COLOR: BLUE COLOR: YELLOW 70E HULA GENERATOR ADD PLACED ON (2) VISIBLE SIDES OF sITEI—E (P) GENERATOR TANK HWY 60 PHILLIPS RANCH COLOR: WHITE QlAMONDE-,5 sEAL PLACED ON (2) VISIBLE SIDES OF (P) GENERATOR TANKNpf FU0. BIM DETAL B NFPA 74D DIEBEL N0. SN:N DUAL I A D%CAl\\0�9 20" 5„ 23' HIGH LETTERING COLOR: WHITE COLOR: RED EMERGENCY CONTACTS: 1/7' HIGH LETTERING AT&T CONTACT: NAME _ h z COLOR: BLACK !HONE #: (XXX)XXX-XXXX g Ln D NGER SITE OWNER CONTACT: NAME co 3/6"HIGH LETTERING PHONE#: (XXX)XXX-XXXX O ° COLOR: WHITE COLOR: BLACK O COLOR:BLACK IESEL FUEL 2" HIGH LETTERING NO SMOKING COLOR: BLACK O OPEN FLAMES COLOR: WHITE w m 2" HIGH LETTERING Q 8 $ = COLOR: BLACK I o PLACED ON EXTERIOR OF (E) SHELTER sxEErrmE PLACED ON VISIBLE SIDE OF OR NEAR (E) AT&T LEASE AREA SIGNAGE DETAILS IP) GENERATOR TANKER S NO SYDKiN6 / NO 01- F M DUAL 4 ELERGENCY ODMVU MN 2 M-B1 P�IElsettPg. as 0 L _ WIRELESS COMMUNICATIONS SITE LICENSE AGREEMENT THIS COMMUNICATIONS SITE LICENSE AGREEMENT (this "Agreement") is entered into this j�-% day of J N, e 2006,_by and between the CITY OF DIAMOND BAR, a California municipal corporation ("Licensor" or "City"), and New Cingular Wireless PCS, LLC a Delaware limited liability company ("Licensee"). For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows. 1. Premises. a. Licensor owns the real property located at 24142 East Sylvan Glen Road in the City of Diamond Bar, County of Los Angeles, commonly known as Peterson Park, which is more particularly described in Exhibit A-1 attached hereto and incorporated herein by this reference ("Land"). Subject to the following terms and conditions, Licensor grants to Licensee the exclusive right to use approximately three hundred thirty-five (335) square feet of the Land, including applicable non- exclusive easements for site access and utilities as described and/or shown in Exhibit A-2 attached hereto and incorporated herein by this reference ("Premises"), to erect, maintain and operate mobile/wireless communication facilities. Exhibit A-2 is a conceptual description of Licensee's facilities and not intended to be a complete description of the communication facilities allowed by this Agreement. b. Licensee acknowledges that Licensor will deliver the Premises in "as is" condition, without warranty, express or implied, as to its condition or usability, except as otherwise expressly set forth in this Agreement. C. While Licensee's use of the Premises is exclusive, Licensee's use of the Land is non-exclusive as more particularly set forth in Section 12(c) below. 2. Use. The Premises may be used by Licensee for any lawfully permitted and licensed activity in connection with the provisions of mobile/wireless communications services, including the transmission and the reception of radio communication signals on various frequencies and the installation, construction, maintenance, and operation of related equipment, cables, accessories, improvements, and other communication facilities. Licensor agrees to cooperate with Licensee, at Licensee's expense, in making application for and obtaining all licenses, permits and any and all other necessary approvals that may be required for Licensee's intended use of the Premises. Conditions Precedent. This Agreement is conditioned upon Licensee receiving a license from the Federal Communications Commission ("FCC") and obtaining all governmental permits and approvals, including that of Licensor, enabling Licensee to construct and operate mobile/wireless communications facilities where the Premises are located. If Licensee does not receive such Packet Pg. 75 s.4.c necessary licenses, permits and approvals, or this Agreement is terminated in accordance with Article 10 (a) (ii), this Agreement shall be null and void and of no force or effect and Licensee shall pay Licensor $1,000 for reimbursement of costs of document preparation and administration time associated with this Agreement. 4. Term The term of this Agreement ("Term") shall be five (5) years commencing on the first day of the month following written notice to Licensor by Licensee of Licensor's intent to commence construction of its mobile/wireless communications facilities on the Premises, or six months after both parties have executed this Agreement, whichever is earlier ("Commencement Date"). Licensee shall have the right to extend the Term of this Agreement for five (5) additional terms ("Renewal Term") of five (5) years each. Each Renewal Term shall be on the same terms and conditions as set forth herein. This Agreement shall automatically be extended for each successive five (5) year Renewal Term unless Licensee notifies Licensor in writing of Licensee's intention not to extend this Agreement at least sixty (60) days prior to the expiration of the first five (5) year Term or any Renewal Term. License Fee. a. Within fifteen (15) business days after the Commencement Date and on the first day of each month thereafter Licensee shall pay Licensor, as a fee for the use and occupancy of the Premises, the sum of Two Thousand and 00/100 Dollars ($2000.00)("License Fee") per month. The License Fee shall be payable on the first day of each month, in advance, to Licensor or Licensee's payee as specified in Section 16, Notices. Payment shall be prorated for the final fractional month, if any, of this Lease, or if this Agreement is terminated before the expiration of any month for which Rent should have been paid. b. Limited CPI Adjustment - The parties agree that the Rent shall be adjusted annually throughout the Term of this Agreement on each anniversary of the Effective Date (or the first day of the month in which such anniversary occurs) beginning as of the first anniversary of the Effective Date by the lesser of. (1) three percent (3 %) or (b) the percentage change in the most recent published Consumer Price Index (1982-84=100) Urban Wage Earners and Clerical Workers - Los Angeles, Anaheim, Riverside ("Index") compared to the Index published twelve (12) months earlier. If the Index is discontinued or changed so that it is impossible to obtain a continuous measurement of price changes, the Index shall be replaced by a comparable government index. Improvements. a. During the Term or any Renewal Term, Licensee has the right at its sole cost and expense to construct, maintain, repair, replace, upgrade and operate on the Premises radio communications facilities, including equipment shelter, cabinets, equipment racks, cables, conduits, radios, fences, antennae, antenna support structures, and necessary related facilities (collectively known as "Licensee's Facilities") as generally shown on Exhibit A-2 attached hereto and incorporated herein by this reference. Packet Pg. 76 6.4.c b. In connection therewith, Licensee has the right to do all work necessary to prepare, add, maintain and alter the Premises for Licensee's communications operations and to install utility lines and transmission lines connecting antennas to transmitters and receivers. Plans and specifications for such work by Licensee shall require prior written approval of Licensor before work may begin; provided, however, that Licensee's Facilities depicted on Exhibit A-2 are hereby approved. Such approval shall not be unreasonably withheld or delayed. All of Licensee's construction and installation work shall be performed at Licensee's sole cost and expense by licensed and bondable contractors in a good and workmanlike manner and shall not interfere with Licensor's facilities and operations. Any work performed by Licensee outside Licensee's facilities shall be subject to reasonable inspection and scheduling by Licensor. Title to the Licensee's Facilities and any equipment placed on the Premises by Licensee shall be held by Licensee. All of Licensee's Facilities shall remain the property of Licensee and are not fixtures. Licensee has the right to remove all Licensee's Facilities at its sole expense on or before the expiration or earlier termination of this Agreement; provided, Licensee repairs any damage to the Premises or the Land caused by the removal, normal wear and tear excepted. Failure by Licensee to remove Licensee's Facilities may result in title to Licensee's Facilities transferring to Licensor as provided in Section 6(c) below. C. Within ninety (90) days following the date of termination for any cause, or within ninety (90) days following the end of the Term, (taking into account any extension thereof) Licensee shall remove, at its sole expense, to the extent reasonable, all of the Licensee's Facilities placed on the Premises and restore the Premises to the pre -installation condition (reasonable wear and tear and damages due to causes beyond the control or without the fault or neglect of Licensee excepted). Footings, foundations, and concrete will be removed to a depth of one foot below grade. Should Licensee so fail to remove facilities after thirty (30) days notice, title to all Licensee's Facilities, remaining on the Premises, Section 6(b) above notwithstanding, shall transfer to Licensor who shall at its option retain for itself all facilities not removed or shall remove and dispose of the facilities in a reasonable manner at the expense of the Licensee. d. Licensee shall have the right to install utilities, at Licensee's expense, and to improve the present utilities on or near the Premises. Any encroachment necessary for such utility service will be at a location acceptable to Licensor and the servicing utility. Licensor will cooperate with Licensee in Licensee's efforts to obtain utilities from any location provided by Licensor or the servicing utility, including signing any easement or other instrument reasonably required by the utility company; provided, however, that Licensor shall not incur any costs related to compliance with this provision. Licensee shall at no time acquire any property interest in any of Licensor's property not described in Exhibit A-1 or A-2. e. Licensee shall fully and promptly pay for all utilities furnished to the Premises for its use throughout the term of this Agreement, and all other costs and expenses incurred by Licensee in connection with Licensee's use, operation and maintenance of the Premises. In the event the Licensee cannot secure its own metered electrical supply, Licensee will have the right, at its own cost and expense, to submeter from the Licensor. When submetering is necessary and available, Licensor will read the meter on a monthly or quarterly basis and provide Licensee with the necessary usage data in a timely manner to enable Licensee to compute such utility charges. Packet Pg. 77 s.4c f. Licensor hereby reserves and Licensee hereby grants to Licensor the right at no charge to Licensor to attach to Licensee's Facilities and to its electrical utility source wireless intemet antennae in connection with a municipal or municipally franchised wireless network. Licensor's equipment shall be installed at a location suitable for its intended purpose as determined by Licensee in its reasonable discretion and so as not to interfere with the operation of Licensee's Facilities. 7. Access a. Licensee shall have the right but not the obligation at any time following the full execution of this Agreement and prior to the Commencement Date to enter the Premises for the purpose of making necessary engineering surveys, inspections, and tests where applicable, for the purpose of determining the suitability of the Premises for Licensee's Facilities (as defined herein) for mobile/wireless communications operations and for the purpose of construction of such facilities. During any pre -construction work and construction work, Licensee will have insurance as set forth in Article 13, and will notify Licensor of any proposed construction work and will coordinate the scheduling of same with Licensor. If Licensee determines that the Premises are unsuitable for Licensee's contemplated use, then Licensee will notify Licensor and this Agreement will terminate in accordance with Section 10 (a) (ii). Licensor at no time warrants or guarantees the suitability of the Premises for Licensee's intended use. b. Licensor shall provide to Licensee, Licensee's employees, agents and subcontractors pedestrian and vehicular access to the Premises twenty-four (24) hours a day, seven (7) days a week, at no charge to Licensee. Licensor represents and warrants it has full right of ingress and egress to the Premises, and hereby grants such rights to Licensee to the extent required to construct, maintain, install and operate Licensee's Facilities on the Premises and subject to Licensor's rights; provided, however, that the Licensee shall not interfere with or impair Licensor's use and enjoyment of the Land other than the premises or any reasonable security measures which Licensor might implement, from time to time, in its sole reasonable discretion, on all or any portion of the Land. Interference. a. Licensor will provide Licensee with a list of all existing radio frequency user(s) on the Land to allow Licensee to evaluate the potential for interference. Licensee shall operate Licensee's Facilities in a manner that will not cause signal interference to Licensor and other authorized users of the Premises so disclosed by Licensor, as long as the existing radio user(s) operate and continue to operate within their respective frequencies and in accordance with all applicable laws and regulations. In the event such signal interference should occur, all costs to remedy the interference shall be bome by Licensee. All operations by Licensee shall be in compliance with all federal, state and local non-interference regulations including but not limited to, those of the Federal Communications Commission. Packet Pg. 78 6.4.c b. Licensee shall provide initial proof of compliance with original transmission tolerance and interference analysis by a certification through an independent source. C. Subsequent to the installation of Licensee's Facilities, Licensor shall not permit or suffer the use of the Premises, or the installation of any future equipment which results in technical interference problems with the communications operations of Licensee as described in Article 2 above, with the exception of emergency interference. No third party shall have the right to install or operate communications equipment on the Land during the term of this Agreement unless such third party shall first provide evidence satisfactory to Licensor that such operation will not cause such interference problems. Licensor shall, prior to authorizing such third party installation or operation, share such evidence with Licensee and consider Licensee's concerns about the potential for interference. In addition, Licensor agrees to take all reasonable steps necessary to eliminate any interference which does materialize as a result of any new or changed equipment installations or operations with the understanding that any interference caused or related to emergency construction or repair of Licensor's facilities shall terminate at the conclusion of the emergency situation. d. The parties acknowledge that any continuing non -emergency interference to Licensee's communication system operations will cause injury to Licensee, and therefore, Licensee shall have the right to bring action to enjoin such interference or terminate the Agreement immediately upon notice to Licensor. 9. Taxes. This Agreement may create a taxable property interest in the Premises. Licensee shall pay all personal property taxes, possessory interest taxes and assessments attributable to Licensee's Facilities levied by any legal authority. Licensee shall have the right to contest, in good faith, the validity or the amount of any tax or assessment levied against the Premises by such appellate or other proceedings as may be appropriate in the jurisdiction, and may defer payment of such obligations, pay same under protest, or take such other steps as Licensee may deem appropriate. This right shall include the ability to institute any legal, regulatory, or informal action in the name of the Licensee with respect to the valuation of the Land or Premises. In the event of that ownership of the Premises is transferred by Licensor to a nongovernmental owner, such new owner shall cooperate in the institution and prosecution of any such proceedings and will execute any documents required therefore. The expense of any such proceedings shall be home by Licensee and any refunds or rebates secured as a result of Licensee's action shall belong to Licensee. 10. Termination. a. This Agreement may be terminated without further liability on thirty (30) days prior written notice as follows: By either party upon a default of any covenant, condition or term herein by the other party, which default is not cured within thirty (30) days of receipt of written notice of default, provided that the grace period for any monetary default is only ten (10) days from Packet Pg. 79 6.4.c receipt of notice. Delay in curing a default will be excused if due to causes beyond the reasonable control (financial inability excluded) of Licensee. No default will be deemed to exist if Licensee has commenced to cure such default within such period and provided that such efforts are brought to completion with reasonable diligence; or ii. By Licensee prior to Commencement Date for any reason or for no reason, provided Licensee delivers written notice of early termination to Licensor no later than 30 days prior to the Commencement Date and forfeits and/or pays to Licensor $1,000 for reimbursement of costs of document preparation and administrative time associated with this Agreement; or iii. By Licensee after Commencement Date for any reason or for no reason, provided Licensee delivers written notice of early termination to Licensor no later than sixty (60) days prior to termination and pays to Licensor the rent remaining for the year in which termination is requested; or iv. In the absence of any breach of this Agreement by Licensee, Licensor shall have the right after the initial Term and the first Renewal Term (ten (10) years total) to unilaterally to terminate this Agreement without liability with two (2) years' prior written notice of termination to Licensee if Licensor determines that the Premises are not appropriate for use by Licensee due to economic, environmental, technological reasons or upon a finding by Licensor's City Council that the Premises are needed to provide for the health, safety, or welfare of the residents and businesses in the City. b. If Licensor elects to terminate this Agreement pursuant to Section 10(a)(iv), Licensor, in good faith, must use its best efforts to accommodate Licensee and allow Licensee to relocate Licensee's Facilities to an alternative site on the Land or other property owned by Licensor, provided such space is available and is suitable for communication system operations. Licensee shall have two years from the date of notice as provided in Section 10(a)(iv) to relocate Licensee's Facilities to the site made available by Licensor. All costs and expenses arising out of or associated with such relocation shall be borne by Licensee. Should Licensee fail to relocate its Facilities within the two year period, the Agreement shall terminate at the end of the two year period provided, however, should relocation occur more than once in any given five year period, Licensor shall bear the costs and expenses of relocation for each relocation after the first. 11. Destruction or Condemnation. Packet Pg. 80 s.4.c a. If the Premises or Licensee's Facilities are damaged, destroyed or condemned by other than an act of the Licensee, Licensee may elect to terminate this Agreement as of the date of the damage, destruction or notice of condemnation proceedings by giving notice to Licensor no more than forty-five (45) days following the date of such damage, destruction or condemnation and all rights and obligations of the parties which do not survive the termination of this Agreement shall cease as of the date of the damage, destruction or the date the title vests in the condemning authority. If Licensee chooses not to terminate this Agreement, rent shall be reduced or abated in proportion to the actual reduction or abatement of use of the Premises for a period not to exceed one hundred twenty (120) days. Licensor reserves the right to audit Licensee's reduction or abatement request. If notice of termination is given, or if Licensor or Licensee undertake to rebuild Licensee's Facilities, Licensor agrees to use its reasonable efforts to permit Licensee to place temporary transmission and reception facilities on the Land at no additional License Fee until such time as Licensee is able to secure a replacement transmission location or the reconstruction of Licensee's Facilities is completed. b. In the event of any such damage or destruction, Licensee will be entitled to collect all insurance proceeds payable to Licensee on account thereof. In any condemnation proceeding, each party shall be entitled to make a claim against the condemning authority for just compensation (which for Licensee shall include the value of Licensee's Facilities, moving expenses, pre -paid rent, reasonable attorneys' fees, and business dislocation expenses). 12. Assignment and Subletting. a. Licensor may transfer its interest in the Land or Premises upon written notice to Licensee, subject to the transferee agreeing in writing to be bound by all of the terms and conditions of this Agreement applicable to Licensor. In the event of such a transfer, the new Licensor shall have a duty at the time of such transfer to provide Licensee with a completed IRS Form W-9, or its equivalent, and other related paper work to effect a transfer in License Fee to the new licensor. In addition, if the Land or any portion thereof which includes the Premises becomes encumbered by a deed to secure a debt, mortgage or other security interest, Licensor shall provide promptly to Licensee a mutually agreeable Subordination, Non -Disturbance and Attomment Agreement. b. Licensee may not assign, or otherwise transfer all or any part of its interest in this Agreement or in the Premises or Licensee Facilities without the prior written consent of Licensor which consent shall not be unreasonably withheld or delayed: provided however, Licensor hereby grants its consent to assignment by Licensee of its interest to its parent company, any subsidiary or affiliate or to any successor legal entities or to any entity acquiring substantially all of Licensee's assets in the market defined by the Federal Communications Commission in which the Land is located by reason of a merger, acquisition, or other business reorganization. Any such assignee or transferee shall agree in writing to assume and perform all of the terms and conditions of this Agreement on Licensee's part to be performed from and after the effective date of such assignment or transfer. Upon receipt by Licensor of such written Packet Pg. 81 6.4.c assumption by the assignee or transferee, Licensee shall be relieved of all future performance liabilities, and obligations under this Agreement. C. Licensor reserves the right to lease portions of the Land to other interested communication system operators that may be in competition with Licensee for purposes of mobile/wireless communication services; provided, however, that such other leases must provide that the operation of the other communication facilities will not result in technical interference problems with the Licensee's Facilities. d. Licensees shall not sublease the Premises, or any portion thereof, to any other person or entity, including, but not limited to any other communication system operator. Any such purported sublease shall be void and of no effect. 13. Insurance. Licensee, at Licensee's sole cost and expense, shall procure and maintain the following commercial general liability and automobile liability insurance: a. Coverage. Coverage for commercial general liability and automobile liability insurance shall be at least as broad as the following: Insurance Services Office Commercial General Liability Coverage (Occurrence Form CG 0001). ii. Insurance Services Office Automobile Liability Coverage (Form CA 0001), covering Symbol 1 (any auto). b. Limits. The Licensee shall maintain limits no less than the following: General Liability. One million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply to Premises leased (with the ISO CG 2503, or ISO CG 2504, or insurer's equivalent endorsement provided to Licensor) or the general aggregate limit shall be twice the required occurrence limit. ii. Automobile Liability. One million dollars ($1,000,000) for bodily injury and property damage each accident limit. C. Required Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain the following provisions: Licensor, its officers, employees, or authorized volunteers are included as additional insured as respects: liability arising out of Premises leased by the Licensee or automobiles owned, leased, hired or borrowed by the Licensee. The coverage shall contain no Packet Pg. 82 6.4.c special limitations on the scope of protection afforded to Licensor, its directors, officers, employees, or authorized volunteers. ii. For any claims related to this Agreement, the Licensee's insurance shall be primary insurance to Licensor, its officers, employees or authorized volunteers. Any insurance, self-insurance or other coverage maintained by Licensor, its officers, employees, or authorized volunteers shall not contribute to it. iii. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to Licensor, its officers, employees, or authorized volunteers. iv. The Licensee's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. V. Each insurance policy required by this clause shall state or be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days (10 days for non-payment of premium) prior written notice by U.S. mail has been given to Licensor. The general liability policy shall cover bodily injury and property damage liability, and blanket contractual liability. The automobile liability policy shall cover all owned, non -owned, and hired automobiles. All of the insurance shall be provided on policy forms and through companies reasonably satisfactory to Licensor. d. Self -Insurance. Licensee shall have the right to self -insure with respect to any of the above insurance requirements. C. Acceptability of Insurers. In the event that Licensee does not self -insure, insurance is to be placed with insurers having a current A.M. Best rating of no less than A-NIII or equivalent or as otherwise approved by Licensor. f. Workers' Compensation and Employer's Liability Insurance. The Licensee shall cover or insure under the applicable laws relating to workers' compensation insurance, all of their employees working on or about the Premises, all in accordance with the "Workers' Compensation and Insurance Act," Division IV of the Labor Code of the State of California and any Acts amendatory thereof. The Licensee shall provide employers liability insurance in the amount of, at least, $1,000,000 per accident for bodily injury and disease. g. Evidences and Cancellation of Insurance. Prior to the beginning of construction of any improvements provided in Article 6(a), the Licensee shall file with Licensor a certificate of insurance (Accord Form 25-S or insurer's equivalent) and an additional insured Packet Pg. 83 6.4.c endorsement (CG 2010 or insurer's equivalent) both signed by a properly authorized officer, agent or representative of the insurer. Licensee shall also provide a waiver of subrogation in favor of Licensor. Licensor shall provide a waiver of subrogation in favor of Licensee. Such evidence of insurance shall confirm that coverage includes or has been modified to include the required provisions as provided in Article 13 (c)(i) through (v). The Licensee shall, upon demand of Licensor, deliver to Licensor such policy or policies of insurance and the receipts for payment of premiums thereon. h. Workers' Compensation Insurance. By his/her signature hereunder, Licensee certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and it will comply with such provisions in connection with any work performed on the Premises. Any persons providing services with or on behalf of Licensee shall be covered by workers' compensation, or qualified self-insurance. 14. Indemnification. (a) To the fullest extent permitted by law, Licensee shall indemnify and hold harmless and defend Licensor, its directors, officers, employees, agents or volunteers, and each of them from and against: (i) Any and all claims, demands, causes of action, damages, costs, expenses, losses or liabilities (including attorney's fees, costs and expenses of defending against such claims by counsel acceptable to Licensor), in law or in equity, of every kind and nature whatsoever, to the extent caused by the negligent acts, errors, or omissions or willful misconduct of the Licensee but except to the extent caused by the willful misconduct or active or passive negligence of Licensor or its directors, officers, employees, agents, or volunteers, for, but not limited to, injury to or death of any person including Licensor and/or Licensee, or any directors, officers, employees, agents or volunteers of Licensor or Licensee, and damages to or destruction of property of any person, including but not limited to, Licensor and/or Licensee and their directors, officers, employees, agents or volunteers. (ii) Any and all actions, proceedings, damages, costs, expenses, penalties or liabilities, in law or equity, of every kind or nature whatsoever, to the extent caused by the violation of any governmental law or regulation by Licensee. (iii) Any and all losses, expenses, damages (including damage to the work itself), attorney's fees and other costs, including all costs of defense, which any of them may incur to the extent caused by Licensee's failure, neglect, or refusal by Licensee to faithfully perform all of its obligations 10 Packet Pg. 84 s.4c under this Agreement. Licensee agrees to carry insurance for this purpose as set out in the specifications. Licensee's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Licensor, or its directors, officers, employees or volunteers. (b) Licensor shall indemnify, defend and hold harmless Licensee, its directors, officers, employees, or volunteers, and each of them from and against: (i) Any and all claims, demands, causes of action, damages, costs, expenses, losses or liabilities (including attorney's fees, costs and expenses of defending against such claims by counsel acceptable to Licensee), in law or in equity, of every kind and nature whatsoever, to the extent caused by the negligent acts, errors, or omissions or willful misconduct of the Licensor but except to the extent caused by the willful misconduct or active or passive negligence of Licensee or its directors, officers, employees, agents, or volunteers, for, but not limited to, injury to or death of any person including Licensor and/or Licensee, or any directors, officers, employees or volunteers of Licensor or Licensee, and damages to or destruction of property of any person, including but not limited to, Licensor and/or Licensee and their directors, officers, employees, agents, or volunteers, (ii) Any and all losses, expenses, damages (including damage to the work itself), attorney's fees and other costs, including all costs of defense, which any of them may incur to the extent caused by Licensor's failure, neglect, or refusal by Licensor to faithfully perform all of its obligations under this agreement. (c) The foregoing indemnities will survive the expiration or termination of this Agreement. 15. Safety and Environmental Protection. The Licensee shall operate and maintain the Premises so as to avoid injury or damage to any person or property. In carrying out its work, the Licensee shall at all times, exercise all necessary precautions for the safety and environmental protection of the Premises, and be in compliance with all federal, state and local statutory and regulatory requirements including those of the State of California, Division of Industrial Relations (Cal/OSHA) regulations, Cal/EPA, US/EPA and the U.S. Department of Transportation including the Omnibus Transportation Employee Testing Act (as applicable). The Licensee shall not use or allow anyone else to use the Premises to generate, manufacture, refine, transport, treat, store, handle, recycle, release or dispose of any hazardous material, other than as reasonably necessary for the operation of the Licensee's activities as contemplated under this Agreement. The term "hazardous material" means any hazardous substance, material or waste, including but not limited to those listed in 49 CFR 172.101 (U.S. Department of Transportation), the Cal/EPA Chemical Lists or lists of petroleum products and their derivatives. However, this shall not apply to the use of petroleum products and related �� Packet Pg. 85 6.4.c. substances incidental to operation of motorized equipment and vehicles whose operation on the Premises is contemplated by this Agreement. The Licensee shall immediately notify the Licensor in writing upon becoming aware of any release of hazardous material, violation of any environmental law or actions brought by third parties against the Licensee alleging environmental damage. a. Licensee shall identify by a sign in letters no greater than % inch in height permanently affixed to Licensee's Facilities the responsible party to notify in case of emergency or maintenance, but no other signs are permitted on the Premises or Licensee's Facilities other than warning signs.. b. Licensor represents that neither Licensor nor, to Licensor's knowledge (without having researched the matter) a third party has used, generated, stored, treated or disposed of hazardous materials, as defined above. Licensor and Licensee agree that each will be responsible for compliance with any and all environmental and industrial hygiene laws, including any regulations, guidelines, standards, or policies of any governmental authorities regulating or imposing standards of liability or standards of conduct with regard to any environmental or industrial hygiene condition or other matters as may now or at any time hereafter be in effect, that are now or were related to that parry's activity conducted in or on the Land. C. Licensor and Licensee agree to hold harmless and indemnify the other from, and to assume all duties, responsibilities and liabilities at the sole cost and expense of the indemnifying party for, payment of penalties, sanctions, forfeitures, losses, costs or damages, and for responding to any action, notice, claim, order, summons, citation, directive, litigation, investigation or proceeding which is related to (i) the indemnifying party's failure to comply with any environmental or industrial hygiene law, including without limitation any regulations, guidelines, standards or policies of any governmental authorities regulating or imposing standards of liability or standards of conduct with regard to any environmental or industrial hygiene conditions or matters as may now or hereafter be in effect, or (ii) any environmental or industrial hygiene conditions that arise out of or are in any way related to the condition of the Land and activities conducted by the party thereon, unless the environmental conditions are caused by the other party. d. The indemnifications of this Section 15 specifically include reasonable costs, expenses and fees incurred in connection with any investigation of Land conditions or any clean-up, remediation, removal or restoration work required by any governmental authority. The provisions of this Section 15 will survive the expiration or termination of this Agreement. 16. Notices. Any notice, demand or payment required to be given herein shall be made by certified or registered mail, return receipt requested, or reliable overnight courier to be effective when properly sent and received, refused, or returned undelivered. Any such notice, demand, or payment shall be sent to the address of the respective parties set forth below: 12 Packet Pg. 86 6.4.c Licensor: City of Diamond Bar 21825 Copley Drive Diamond Bar, CA 91765 Attention: City Manager Licensee: New Cingular Wireless PCS, LLC c/o Cingular Wireless LLC Attn: Network Real Estate Administration Re: Cell Site #SV-0081-01; Cell Site Name: Diamond Bar 6100 Atlantic Boulevard Norcross, Georgia 30071 With a Copy to: Cingular Wireless LLC Attn: Legal Department Re: Cingular Wireless Cell Site #: SV-0081-01; Cell Site Name: Diamond Bar 15 East Midland Avenue Paramus, New Jersey 07652 Either party hereto may change the place for giving of notice to it by thirty (30) days prior written notice to the other as provided herein. 17. Warranties, a. Licensee and Licensor each acknowledge and represent that it has the right, power, and authority to enter into this Agreement and bind itself hereto through the party set forth as signatory for the party below. Furthermore, each individual signing this Agreement represents and warrants that he or she has all necessary authority to execute this Agreement on behalf of the parry for whom such individual is signing this Agreement and to bind such party thereby. 18. Attorne 'sy Fees. a. In the event legal action by either party is brought to enforce any term hereof or in the recovery of damages for any breach hereof, or to determine any rights of the parties under this Agreement, the prevailing party in such actions may recover reasonable attorneys' fees to be fixed by the court. b. When any provision of this Agreement entitles either party to receive costs or expenses from the other, the term costs and expenses shall include reasonable attorney's fees incurred, notwithstanding any reference or lack of reference to attorney's fees. When any article or provision of this Agreement provides that either party will hold the other harmless from claims, the indemnifying party shall pay all of the other party's reasonable attorney's fees incurred in investigating and defending such claims. 13 Packet Pg. 87 s.4.c 19. Miscellaneous. a. This Agreement constitutes the entire agreement and understanding between the parties, and supersedes all offers, negotiations and other agreements concerning the subject matter contained herein. There are no representations or understandings of any kind not set forth in this Agreement. Any amendments or modifications to or waivers of this Agreement must be in writing and executed by both parties. b. If any provision of this Agreement is invalid or unenforceable with respect to any party, the remainder of this Agreement or the application of such provision to persons other than those as to whom it is held invalid or unenforceable, shall not be affected and each provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. C. This Agreement shall be binding on and inure to the benefit of the successors and permitted assignees of the respective parties. d. This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of Los Angeles , State of California. e. In any case where the approval or consent of one party hereto is required, requested or otherwise to be given under this Agreement, such parry shall not unreasonably delay or withhold its approval or consent. f. The Licensee shall give all notices required by law and comply with all laws, ordinances, rules and regulations pertaining to the conduct of the Premises. The Licensee shall be liable for all violations of the law in connection with this Agreement. g. All Exhibits attached hereto are material parts of this Agreement. h. This Agreement may be executed in duplicate identical counterparts, each of which shall be deemed an original. i. Unless otherwise specified, the following rules of construction and interpretation apply: (i) captions are for convenience and reference only and in no way define or limit the construction of the terms and conditions hereof; (ii) use of the term "including" will be interpreted to mean "including but not limited to"; and (iii) use of the terms "termination" or "expiration" are interchangeable. j. Either party will, at any time upon twenty (20) business days prior written notice from the other, execute, acknowledge and deliver to the other a statement in writing (i) certifying that this Agreement is unmodified and in full force and effect (or, if modified, stating the nature of the modification and certifying this Agreement, as so modified, is in full force and effect) and the date to which the Rent and other charges are paid in advance, if any, and (ii) 14 Packet Pg. 88 s.4.c acknowledging that there are not, to such parry's knowledge, any uncured defaults on the part of the other parry hereunder, or specifying such defaults if any are claimed. Any such statement may be conclusively relied upon by any prospective purchaser or encumbrancer of the Premises. The requested party's failure to deliver such a statement within such time will be conclusively relied upon by the requesting party that (i) this Agreement is in full force and effect, without modification except as may be properly represented by the requesting party, (ii) there are no uncured defaults in the requesting party's performance, and (iii) no more than one month's License Fee has been paid in advance. k. The submission of this Agreement to pay any party for examination or consideration does not constitute an offer, reservation of or option for the Premises based on the terms set forth herein. This Agreement will become effective as a binding Agreement only upon the handwritten legal execution, acknowledgement and delivery hereof by Licensor and Licensee. 1. Upon request, either party may require that a Memorandum of Lease be recorded in the form of Exhibit B. Upon termination of this Agreement, Licensee shall record a Memorandum of Termination in the official records of the County of Los Angeles Recorder's office. **SIGNATURES ON FOLLOWING PAGE** IN WITNESS THEREOF, the parties have executed this Agreement as of the date first above written. LICENSOR: CITY OF DIAMOND BAR J By: 4�; Linda C. Lowry City Manager Date: -1006 15 Packet Pg. 89 6.4.c B ichael Jenkins City Attomey Date: Juht 13, I'Oob LICENSEE: NEW CINGULAR��WI//RELESS PCS, LLC By: � V� Name: Title: Date: 5 IA/o(o Packet Pg. 90 6Ac STATE OF CALIFORNIA COUNTY OF LOS ANGELES On 2006 before me, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that s/he executed the same in his/her authorized capacity, and that by his/her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Notary Public STATE OF CALIFORNIA COUNTY OF LOS ANGELES On 2006 before me, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that s/he executed the same in his/her authorized capacity, and that by his/her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Notary Public 17 Packet Pg. 91 6.4.c EXHIBIT A-1 DESCRIPTION OF LAND The real property situated in Los Angeles County, State of California, particularly described as: Part A. (Heritage Park) That portion of Section 29, Township 2 South, Range 9 WasC. S.B.M., which lles within that certain parcel of land described in dead to Coue�tk of Los Angeles, orded as Document No. 1633, n July 18, 1974, in D 6349, page 699,CeOf Off icI al Record a, in the office of the Registrar - Recorder of said County. Part Hi (Maple Hill Park formerly Diamond Bar Park 43) That portion of Lot 93, Tract No. 3103a, a shown on map filed in Book 865. pages IS to 20 inclusive, of Mapa, in the office of above ntlonetl Registrar -Recorder which lies within that certain parcel of land described 'n deed to County of Loa Angeles, re tord.d on February 1. !YtlU, as Official Records Document No. 80-120740, in the office of said Req let ra [-Recorder. Part Ci (Pantera Park) Lot 10, Tract No. 31479. a Shown On map filed in BOak 998, pages 7 to 17 inclusive. Of above mentioned Maps: and Lot 60, Tract No. 42582, as shown on map filed in Book 1033. pages 75 to 83 inclusive, -of said Maps. Part D. (Larkstone Park) Lot 72, Tract No. 32091. ea shown on map filed in Book 897, pages 72 to 7B inclusive, of above mentioned Maps. Part E: (Carlton J. Peterson Park formerly Sylvan Glen Park) Lot e, Tract No. 43756. a Shown on map filed in Book 1076, pages 61, 62 and 63. of above mentioned Maps. Part Ps (Ronald Reagan Park. formerly Nigh Country Park) Lot 117, Tract No. 43162, as shown on map filed in Book 1046, pages 5 to 14 inclusive, of above mentioned Maps. Part Q. (Starshine Park) That portion of Let 46, Tract No. 31053, as shown o p filed in Book 921, pages 21 to 27 inclusive, of above mentioned Maps. which lies eaaterly and southeasterly of the easterly and southeasterly boundaries of Peaceful Hills Road, 64 feet wide, a shown on map of Tract No. 32576, filed in Book 927, ?ages 26 to 31 inclusive, of said Maps. Part H. (Summit Ridge Park) Lot 3, Tract No. 31479, as hown on map filed in Book 998, pages 7 to 17 inclusive, Of above mentioned Maps. Part I'i (Sy -sore Canyon Park) That portion of Section 10, TownsfiiP 2 South. Range 9 West. B.B.M., the[ Portion of Tract No. 27759. - shown on map Ei led in Book 724, pages 78 to 82 inclusive, of above mentioned Maps, and that portion of Tract 37776, Shown on map filed in Book 762, pages 15 and 16, of saitl Maps. which alie within Chat ee rtaln parcel of land descrihed i deed to County of Los Angeles, r orded as Document No. 5469, on November nl2. 1976, in Bock 07316, page 149.eat above mentioned Official Record a. Excepting O the County of Los Angeles all oil, gas, hydrocarbons. .,her minerals tin and under the above descri bad real properties without the right to the use of the surface or subsurface to a depth of 500 feet, mea- surad vertically, from the surface of said real properties. 18 Packet Pg. 92 6.4.c EXHIBIT A-2 DESCRIPTION OF PREMISES The Site Plans, consisting of pages are attached Notes: 1. This exhibit may be replaced by architectural and engineering drawings of the Premises once they are received by Licensee and agreed to by both parties. 2. Setback of the Premises from the Land's boundaries shall be the distance required by the applicable governmental authorities. 3. Width of access road shall be the width required by the applicable governmental authorities, including police and fire departments. 4. The type, number and mounting positions and locations of antennas and transmission lines are illustrative only. Actual types, numbers, and mounting positions may vary from what is shown above. 19 Packet Pg. 93 e.4.c ssss § |� | § � §R! - # e� \- -.- - 9 \ f _ m >\ / mm — Z mx $QE X § I �. \y tod ® 2 � |■ _ { \ z q kC ~§° !! — 3 m� 2 2 @� AM 9 ;r ) �� , § I , ) ) ! � �Cket ! � - �� a- �I� c :.,,,.., ....,.. �\ ( a . � §R. . 5/( /©§ � 7 �.,.,,., ....,. § qJ s ))d i \\ | + ! ` • § / ; � / | | � I � � 6Kc / Uj ƒ � 4�d W • \ , Pack tPg. 96 91 of 6.4.c life. F Packet Pg. 97 )� ! | Q /� � / / ■ �§ 2 5 6A.c 5 k \ it I Packet Pg. 98 1 U Packet Pg. 99 1 6.4.c EXHIBIT B RECORDING REQUESTED BY, AND WHEN RECORDED RETURN TO: Cingular Wireless LLC Attn: Legal Department Re: Cingular Wireless Cell Site #: SV-0081-01; Cell Site Name: Diamond Bar 15 East Midland Avenue Paramus, New Jersey 07652 MEMORANDUM OF LICENSE AGREEMENT THIS MEMORANDUM OF LICENSE AGREEMENT ("Memorandum") is executed as of Jun Z 13 200 6, by and between City of Diamond Bar ("Licensor"), and Licensee"). RECITALS WHEREAS, Licensor and Licensee have entered into that certain Communications Site License Agreement ("Agreement") dated as of Ju.0 t3 , 2006, for the purpose of operating and maintaining a radio communications facility and other improvements. All of the foregoing are set forth in the Agreement; and WHEREAS, Licensor and Licensee desire to record notice of the Agreement in the Official Records of the County of Los Angeles, California; NOW, THEREFORE, in consideration of the foregoing, Licensor and Licensee hereby declare as follows: 1. Demise. The Land which is the subject of the Agreement is described in Exhibit A-1 attached hereto. The portion of the Land licensed to Licensee (the "Premises") is described on Exhibit A-2 attached hereto. Licensor grants to Licensee a non-exclusive easement for site access and utilities as described in Exhibit A-2. 2. Expiration Date. The term of the Agreement ("Term") is for five (5) years commencing on or upon the start of construction of Licensee's Facilities, whichever occurs first ("Commencement Date"), and terminating on the fifth anniversary of the Commencement Date with five (5) successive five (5) year options to renew. 3. Noninterference by Third Parties. No third party shall have the right to install or operate communications equipment on the Land during the term of this Agreement which causes Packet Pg. 100 s.4.c technical interference problems with the communications operations of Licensee and unless such third party shall have first provided evidence satisfactory to Licensor that such operation will not cause technical interference problems with the communications operations of Licensee. 4. Agreement Controlling. This Memorandum is solely for the purpose of giving constructive notice of the Agreement. In the event of conflict between the terms of the Agreement and this Memorandum, the terms of the Agreement shall control. IN WITNESS WHEREOF, Licensor and Licensee have executed this Memorandum as of the date and year first written above. LICENSOR: Dated:� CITY OF DIAMOND BAR By: Linda C. Lowry City Manager LICENSEE: Dated: NEW CINGULAR WIRELESS PCS, LLC Name Address By: I Name I Title Packet Pg. 101 6.4.c STATE OF CALIFORNIA COUNTY OF LOS ANGELES On V 2006 before me, personally appeared LD�t(1 , personally known to me (o-satisfact)ry e )'to the person whose name is subscribed to the within instrument and acknowledged to me that s/he executed the same in hisoieyheauthorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. NCM.1 '.P N ly da � 21, 70N" STATE OF CALIFORNIA COUNTY OF LOS ANGELES WITNESS my hand and official seal. o ary Public On � U ,-,— ly 1 2006 before me, personally appeared L-Nvwl[z 0 - ( , personally known to me cuidcuce) to be the p rson whose name is subscribed to the within instrument and acknowledged to me that /he)executed the same in his er uthorized capacity, and that by his/OR signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. J but Cammblon�►141 0I77 N,1„y� "" ^'I)U Notary Public Los county My Comm. BOW Apr 26. 2007 Packet Pg. 102 6.4.c EXHIBIT A-1 to Memorandum of License Agreement dated DESCRIPTION OF LAND The real property situated in Los Angeles County, State of California, particularly described as: Description of land - Part A: (Heritage Park) That portion of Section 29, Township 2 South, Range 9 Nest, o ielhh lies within tha decertainn pDO :anecnC No. 1 ofi1633 and de seriDon ly 18,ed in tl19tl 4totCO Bnook Angeles,eof rOEE icial Records, the office of the Registrar- D6349, page 699 r Recoitler of said County. Part 8: (Maple Hill Park formerly Diamond Bar Park 03) That portion of Lot 93, Tract No. 3103B, as shown on maa filed in Book 865. pages 15 to 20 inclusive, of Maps, in the office of bove ionad Registrar -Recorder which lies within that certain parcel of lands Of ribel in deed to County of Los Angeles, recorded on February 1, 1980, a Records Doe ument No. 80-120740, to the office of said Registrar -Recorder. Part C: (Pantera Park) Lot 10, Tract No. 31479, as shown on map filed in Book 998, page, 7 to of above mentioned Maps, and Lot 60, Tract No. 42582, as lhown elun p 'filed in Book 1033. pages 15 to 83 inclusive."of said Maps. Part D. (Larkstona Park) Lot 72. Tract No. 32091. as shown on map filed in Book 897, pages 72 to 70 inclusive. of above mentioned -Pa. Part £: (Carlton J. Peterson Park formerly Sylvan Glen Park) Lot 8, Tract No. 43756, a Shown on map filed in Book 1076, pages 61. 62 antl 63. of Shove mentioned, Maps. Part F: (Ronald Reagan Park, formerly High Country Parkl Lot 117, Tract No. 43162. as show, on map filed in Book 1046, pages 5 to 14 inclusive, of above mentioned Maps_ Part G: (Starshine Park) That portion of l.dot 46, Tract sNo. 3D53, as filed in Book 921, pages 21 Co 27 lusive, of hove Mentioned Maps, whieh lies a terly and soul: eas to rly of the easterly and outE Tract No.o3 516,e filetlPeacaBook Hills Roatl. 64 feet wide, as shown on map o to e 27,pages 20 [0 31 inclusive. f said Maps. Pert it: (Summit Ridge Park) k 998, pages ] t nct 3, TracC a o. 3mentli as shown n map filed to Boo 0 I] t lusive, of bove onetl Maps. Part 1: (Sycamore Canyon Park) That portion of Section l0, TownshtP 2 Dma eh. Range 9 Meat. S_peg r s^@wn on a filed Book ]204, pages Chet portion of Tract No. 27759. cai[io d Maps, and hat portion f Tract 78 to 82 inelusive, of above led in Book 762. pages 15 and 16. of said No. 27V76, as shown on map ca rtsa in 1 of land described i dead to Maps, hick lte iCh 1n Chat parse Npvembar n12, 1976. County of Los Angeles, r orded a me��naent Official , No'Reeorda. in Book D7316, page 149.eof aboveor oil, gas. hydrocarbons. withut Excepting the County of Los Angeles all r ties thou[ the other minerals tin and un tlersurftheace above bsu rEace dto ea ldep hoot SOD fast, sea sured ve [twice lly, oErom et he surfs er 0Eu said real props rt iea. 4 Packet Pg. 103 EXHIBIT A-2 to Memorandum of License Agreement dated DESCRIPTION OF PREMISES The Site Plans, consisting of pages are attached 6.4.c Packet Pg. 104 6.4.c ssss�h� � gin& Z OZ X i� 11II c i i Z. L O B O ; G z�o�2 3 o� o m r �<k 354 ya O g4 Z AT- N m m =c mx X z RgU m ^ o M as xo —0 r =D `C CQ o� a r Z 0 i s s€ (nD myi� 4 :1% >� N� Z y 5a " n gg NA�N 3 $ ge e €9 Es W. f � f Z F 7 E � g Packet Pc | i j \ \ � Moalls IMI ._ : :2■ 30311 ■■■ � 8.4.c § , §� �° |§ d ) � �. . � / | i | 2 | \ () \ Packet Pg. 107 Jill€I;p I 7 IQ PAR �I 6.4.c Packet Pg. 108 1 e.4.c q © � HI § MIS ` ( SIN j i ` [ {/! i «` \ ~ § k / ¥ I e m� , d � K I ( � \ .§ ( � Packet Pg. 109 °�oov Vgs�� C 6.4.c Packet Pg. 110 1 6.5 Agenda #: 6.5 Meeting Date: December 3, 2019 CITY COUNCIL AGENDA REPORT t,.r . o TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager J�: TITLE: ORDINANCE NO. 03(2019) - AN ORDINANCE OF THE CITY OF DIAMOND BAR APPROVING ZONE CHANGE PLANNING CASE NO. PL2017-169 AMENDING THE ZONING FROM LIGHT INDUSTRY (1) TO REGIONAL COMMERCIAL -PLANNED DEVELOPMENT OVERLAY (C- 3-PD) FOR PROPERTY LOCATED AT 850 S. BREA CANYON ROAD, DIAMOND BAR, CALIFORNIA (ASSESSORS PARCEL NUMBER 8719-013-017). STRATEGIC GOAL: Open, Engaged & Responsive Government RECOMMENDATION: Approve for second reading by title only, waive full reading, and adopt Ordinance No. 03(2019). FINANCIAL IMPACT: No financial impact. SUMMARY: On November 19, 2019, the City Council conducted a noticed public hearing to consider Planning Case No. 2017-169 which would accommodate a new commercial development consisting of a 109-room, four-story hotel; a 47,642 square -foot, three- story office building; and an 8,900 square -foot, one-story medical office building. The property is a 5.73-acre vacant parcel located at 850 S. Brea Canyon Road on the east side of South Brea Canyon Road between Lycoming Street and the SR-60 freeway. Following the public hearing, the City Council took action to adopted Resolution No. 2019-40 approving the Mitigated Negative Declaration, Resolution No. 2019-41 approving the General Plan Amendment, and Resolution No. 2019-42 approving the Conditional Use Permit, Tentative Parcel Map, Parking Permit and Comprehensive Sign Program for the project. The City Council also introduced for first reading Ordinance No. 03(2019) approving a Packet Pg. 111 6.5 Zone Change to change the existing zoning on the property from Light Industry (1) to Regional Commercial -Planned Development Overlay (C-3-PD) for the project. Ordinance No. 03(2019) is being presented for a second reading by title only and adoption. LEGAL REVIEW: The City Attorney has reviewed and approved the Ordinance as to form. ;M 4; N=111:y,F 44 f Gr e Lee, enfor Plannerlrll� 12/312019 REVIEWED BY: Gr e Lee, enfor Planner 11/20/2019 Gre Gubma ommuni Development Director 1/20l2019 Attachments: 1. 6.5.a Ordinance No. 03 (2019) - 850 Brea Canyon Road Zone Change 2. 6.5.b Ordinance No. (03) 2019 Exhibit A Packet Pg. 112 6.5.a ORDINANCE NO. 03 (2019) AN ORDINANCE OF THE CITY OF DIAMOND BAR, CALIFORNIA, APPROVING ZONE CHANGE PLANNING CASE NO. PL2017-169 AMENDING THE ZONING FROM LIGHT INDUSTRY (1) TO REGIONAL COMMERCIAL - PLANNED DEVELOPMENT OVERLAY (C-3-PD) FOR PROPERTY LOCATED AT 850 S. BREA CANYON ROAD, DIAMOND BAR, CALIFORNIA (ASSESSORS PARCEL NUMBER 8719-013-017). A. RECITALS The property owner and applicant, Philip Lee of Lycoming, LLC, have filed an application Planning Case No. PL2017-169 to build a new commercial development consisting of a 109-room, four-story hotel; a 47,642 square - foot, three-story office building; and an 8,900 square -foot, one level medical office building located on the east side of south Brea Canyon Road between Lycoming Street and SR-60 freeway. Hereinafter in this Ordinance, the subject application shall be collectively referred to as the "Project." 2. A Zone Change to change the zoning district from Light Industry (1) to Regional Commercial -Planned Development Overlay (C-3-PD) is being requested of the City Council. 3. The subject property is made up of one parcel totaling 249,022 gross square feet (5.73 acres). It is located in the Light Industry (1) zone with an underlying General Plan land use designation of Professional Office (OP). 4. The legal description of the subject property is Lots 7 and 79 of Parcel Map No. 33069. The Assessor's Parcel Number is 8719-013-017. 5. In accordance to the provisions of the California Environmental Quality Act (CEQA), Section 15070, the City prepared and filed an Initial Study/Environmental Checklist and Notice of Intent to Adopt Mitigated Negative Declaration for the Project on September 19, 2019, with the State Clearinghouse and the Los Angeles County Clerk. The notice was published in the Inland Valley Daily Tribune and San Gabriel Valley Tribune newspapers. The notice was also mailed to adjacent public agencies and residents who attended the community meeting. Pursuant to CEQA Section 15105, the public review period for the MND began on September 20, 2019, and ended October 19, 2019. 6. In accordance with CEQA Guidelines Section 15074, a Resolution approving the Mitigated Negative Declaration and adopting a Mitigation Reporting and Monitoring Program for the Project was reviewed by the City Council concurrently with this Ordinance. Packet Pg. 113 6.5.a Ord. No. 03 (2019) 7. The City Council finds that the proposed amendment to the Zoning Map is consistent with the General Plan. 8. The Zoning Map of the City of Diamond Bar is hereby amended to change the zoning designation for the property located at 850 S. Brea Canyon Road in Exhibit A, attached hereto, from Light Industry (1) to Regional Commercial -Planned Development Overlay (C-3-PD). 9. Notification of the public hearing for this project was published in the San Gabriel Valley Tribune and the Inland Valley Daily Bulletin newspapers on October 18, 2019. Public hearing notices were mailed to property owners within a 700-foot radius of the project site and to residents who attended the community meeting hosted by the applicant. In addition to the published and mailed notices, the project site was posted with a display board and public notices were posted at the City's designated community posting sites. 10. On October 30, 2019, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing, solicited testimony from all interested individuals, and concluded said hearing on that date. 11. On November 19, 2019, the City Council of the City of Diamond Bar conducted a duly noticed public hearing, solicited testimony from all interested individuals, and concluded said hearing on that date. 12. The City Council has determined that the proposed Zone Change represents a consistent, logical, appropriate and rational land use designation and implementing tool that furthers the goals and objectives of the City of Diamond Bar General Plan. NOW, THEREFORE, the City Council of the City of Diamond Bar does hereby ordain as follows: SECTION 1. That all of the facts set forth in the Recitals, Part A, of this Ordinance are true and correct. SECTION 2. The City Council finds that the initial study prepared for the project identified above in this Ordinance concluded that a Mitigated Negative Declaration (MND) be prepared. An MND has been prepared according to the requirements of the California Environmental Quality Act (CEQA) and CEQA Guidelines promulgated thereunder. On November 19, 2019, the City Council reviewed the MND and adopted Resolution No. 2019-40 approving the MND as complete and adequate with the incorporation of the Mitigation Report and Monitoring Program after conducting and concluding a duly noticed public hearing. 2 Packet Pg. 114 Ord. No. 03 (2019) 6.5.a SECTION 3. This City Council does hereby find, as required by Municipal Code Section 22.70.050 and in conformance with California Government Code Section 65853 and 65860, that the Zone Change for Planning Case No. PL2017-169 is consistent with the General Plan, as follows: a. The amendment to the Zoning Map is internally consistent with the General Plan and the adopted goals and policies of the City. b. The Zoning Map does not presently reflect the General Plan land use designation for the property. Zone Change Planning Case No. 2017- 169 will place the City's Zoning Map in conformance with the proposed General Plan land use designation of General Commercial (C). The existing approximate 5.73 acres located at 850 S. Brea Canyon Road (Assessors Parcel Number 8719-013-017) shall have a zoning designation of Regional Commercial -Planned Development Overlay (C-3-PD). SECTION 4. The City Council does hereby approve Zone Change Planning Case No. PL2017-169 based on the above findings, as required by Municipal Code Section 22.70.050 and in conformance with California Government Code Sections 65853 and 65860. SECTION 5. The Community Development Director shall modify the Official Zoning Map in accordance with this Ordinance to indicate thereon that the real property located at 850 S. Brea Canyon Road as attached herein as Exhibit A, is designated as Regional Commercial -Planned Development Overlay Zone (C-3-PD). SECTION 6. The City Clerk shall certify to the passage and adoption of this Ordinance, causing it to be published as required by law, and it shall be effective thirty days after its adoption. SECTION 7. The City shall forthwith transmit a certified copy of this Ordinance, by certified mail, to: Philip Lee of Lycoming, LLC, 17777 Center Court Drive #725, Cerritos, CA 90703. PASSED, APPROVED AND ADOPTED this 3Id day of December 2019. APPROVED AS TO FORM: David DeBerry, City Attorney CITY OF DIAMOND BAR: , Mayor 3 Packet Pg. 115 Ord. No. 03 (2019) 6.5.a ATTEST: I, Kristina Santana, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Diamond Bar held on the 19t" day of November, 2019, and was duly adopted at a regular meeting of the City Council of the City of Diamond Bar held on the 3rd day of December 2019, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: EXHIBIT - Exhibit A: Amended Zoning Map Kristina Santana, City Clerk 4 Packet Pg. 116 Exhibit A July 25, 1995, As Amended Last amended: February 4, 2014 City Council Ordinance 01(2014) CITY OF INDUSTRY C-3-P D/ RM RMH C 1 RM,: RLM ` RL RMH RL OP �L RM -TRMH OS� OP RLM C-2 �Qt RL SQt`�9 i�_+T�/1 c-1 C-2 RH 1°16 en C-3 C-3 RLM p C-2 RMH C-2 RLM I RMH''r RLM !// C 3. RLM I RM RLM OS RLM OP P 7 Gz SUB-PA1 SUB-PA3 c4910k100 c � ,RLm •� V C 2 , SUB=PA4 f C 3 R C-3 C 3 RMH RLM c3PD 'CO SUB-PA2 � G3. G2 Cw0 Op C-3 cs RLM OB C-3 C-2 C-3), �< Gz CO RMH RL RLM CSQC���S 1C RLM t� RLM \a2 RH RLM RL RL RL a Off` RM C-2 �!!\%. ' RMH RL C-1 Pathfind 9RMH, er Ra RM I Co RLM RMH RR L RLM OP C-�RLM OS `RMH RLM C-1 RLM - C 1 C-1 C-1 RLM OS RLM C-1 OP SP OS RLM RL Zoning RH: High Density Residential AG: Agricultural - RH-30: High Density Residential-30 units/acre C-1: Neighborhood Commercial RL: Low Density Residential - C-2: Community Commercial RLM: Low Medium Density Residential - C-3: Regional Commercial - RM: Medium Density Residential - C-3-PD: Regional Commercial Planned Development - RMH: Medium High Density Residential - C-3-PD/Hotel: Regional Commercial/Hotel RR: Rural Residential - CO: Commercial Office SP: Specific Plan Overlay - I: Light Industry SUB-PA1: Planning Area 1 - OB: Office, Business Park SUB-PA2: Planning Area 2 OP: Office, Professional - SUB-PA3: Planning Area 3 - OS: Open Space/ Conservation - SUB-PA4: Planning Area 4 - REC: Recreation Parcels CITY OF POMONA RH-30 AG 4i Oy 4 0 RL L Ui RL Grand AVe C RL � rJ° CITY OF °y a CHINO HILLS m m V rQ� Zoning Map CITY t Ak DIAMOND BAR C A L I F 0 R N I A N 0 0.5 1 n 1 Miles m e e Packet Pg. 117 Thi. Location: \naboo\!GIS Projects\Departments\ prior written consent Planning\Zoning\MXD\Diam ondBar_Zoning_2019 7.1 CITY COUNCIL Agenda #: 7.1 Meeting Date: December 3, 2019 AGENDA REPORT TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager TITLE: ORDINANCE NO. 04(2019) AMENDING TITLE 15 OF THE DIAMOND BAR MUNICIPAL CODE BY ADOPTING THE 2019 CALIFORNIA BUILDING STANDARDS CODES (TITLE 24 C.C.R. PARTS 2, 2.5, 3, 4, 5, AND 11) WITH LOCAL AMENDMENTS. STRATEGIC GOAL: Safe, Sustainable & Healthy Community RECOMMENDATION: Open public hearing, receive public testimony, approve for second reading by title only, waive full reading, and adopt Ordinance No. 04 (2019). BACKGROUND: On November 19, 2019, the City Council conducted a noticed public hearing to consider adoption of the 2019 California Building Standards Codes, including local amendments. Following the public hearing, the City Council took action to introduce for first reading Ordinance No. 04(2019) to adopt the 2019 Building Codes with local amendments, and scheduled the matter for a second public hearing, second reading and adoption at the December 3, 2019 City Council meeting. Pursuant to California Government Code 50022.3, a second public hearing for Building Codes is required prior to the second reading of the enabling ordinances. Upon the close of the public hearing, Ordinance No. 04(2019) is being presented for a second reading by title only and adoption. LEGAL REVIEW: The City Attorney has reviewed and approved the Ordinance as to form. PREPARED BY: Packet Pg. 118 7.1 VZ AL y o ao, uild g ffic I 12/3/2019 N AV I ATA=1Il WIF etceoa etim" Gr Gubma ommuni ifDevelopmert Director 1112012019 Attachments: 1. 7.1.a Ordinance No. 04 (2019) - 2019 Building Code Update Packet Pg. 119 7.1.a ORDINANCE NO. 04 (2019) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, AMENDING TITLE 15 OF THE DIAMOND BAR CITY CODE AND ADOPTING, BY REFERENCE, THE 2019 CALIFORNIA BUILDING CODE, VOLUMES 1 AND 2, INCLUDING CHAPTER 1 DIVISION II, AND APPENDICES C, I, AND J THERETO, THE 2019 CALIFORNIA MECHANICAL CODE, AND THE APPENDICES THERETO, THE 2019 CALIFORNIA PLUMBING CODE, AND THE APPENDICES THERETO, THE 2019 CALIFORNIA ELECTRICAL CODE, AND THE APPENDICES THERETO, THE 2019 CALIFORNIA RESIDENTIAL CODE, INCLUDING APPENDICES H, J, K, AND O THERETO, AND THE 2019 CALIFORNIA GREEN BUILDING CODE, WITHOUT THE APPENDICES THERETO, AND TITLE 26 OF THE LOS ANGELES COUNTY BUILDING CODE, AND THE UNIFORM HOUSING CODE TOGETHER WITH CERTAIN AMENDMENTS, ADDITIONS, DELETIONS AND EXCEPTIONS. A. RECITALS: (i) California Government Code Section 50022.1 et seq., authorizes the City of Diamond Bar to adopt by reference the 2019 California Building Code; the 2019 California Mechanical Code; the 2019 California Plumbing Code; the 2019 California Electrical Code; the 2019 California Residential Code; and the 2019 Green Building Code as set forth in the California Code of Regulations, Title 24, parts 2, 2.5, 3, 4, 5, and 11. (ii) Pursuant to the California Health and Safety Code Sections 17922, 17958, 17958.5 and 17958.7, the City may make modifications to the Title 24 building standards and requirements that it deems reasonably necessary to protect the health, welfare and safety of the citizens of Diamond Bar because of local climatic, geological, or topographical conditions. (iii) At least one copy of each of the codes and standards identified in this Ordinance and certified as full, true and correct copies thereof by the City Clerk of the City of Diamond Bar have been filed in the office of the City Clerk in accordance with the provisions of California Government Code Section 50022.6. (iv) The City introduced for first reading this Ordinance on November 19, 2019, at which time all interested persons had the opportunity to appear and be heard on the matter of adopting the codes and standards identified in this Ordinance as amended herein. (v) Pursuant to California Government Code Section 6066, the City published notice of the public hearing on November 8, 2019 and November 22, 2019 for the hearing set forth in subsections (iv) above and (vi) below. (vi) The City held a public hearing on December 3, 2019, at which time all interested persons had the opportunity to appear and be heard on the matter of adopting the codes and standards identified in this Ordinance as amended herein. Packet Pg. 120 7.1.a Ord. No. 04 (2019) (vii) Any and all legal prerequisites relating to the adoption of this Ordinance have occurred. B. ORDINANCE: NOW, THEREFORE, the City Council of the City of Diamond Bar does hereby find, determine and ordain as follows: SECTION 1. Findings in Support of Modifications to Title 24 Building Standards. This Council does expressly find and determine that the modifications to the Title 24 building standards set forth herein are reasonably necessary to protect the health, welfare and safety of the citizens of Diamond Bar because of the following local climatic, geological or topographic conditions. (1) The hillsides in Diamond Bar are composed of Puente Formation, and similar weak geological materials, while neighboring flatland areas are composed of more stable fill and alluvial materials. These materials maybe naturally unstable or weak in terms of physical support. These highly expansive soil conditions are vulnerable to earth movement as well as unpredictable seismic response of buildings. The unpredictable response from prior seismic events including Chino Hills, Northridge, and the Whittier earthquakes have demonstrated the need for greater quality control to ensure against poor seismic performance of multi -story structures. (2) The City experiences diverse temperatures, which promotes expansion and contraction of the soil. This condition is very damaging to expansive type soil. (3) Because of the above -described climatic and geological conditions, the City of Diamond Bar requires special engineering to support habitable structures within the unstable soil areas and requires additional measures to be taken in connection with excavation and grading activities. (4) The City is located in a seismically active area and is in close proximity to various active faults including the Chino, Sierra Madre, Cucamonga, Whittier, San Jacinto and Raymond Faults It is reasonably foreseeable that an earthquake would render the City particularly vulnerable to devastation. (5) The City has extensive hillside topography, unstable geology, watershed areas, expansive soils, and underground streams. In addition, the regional climate alternates between extended periods of drought and brief periods of rainfall. For these reasons, the City is susceptible to flood conditions. (6) Because of the above -described geological conditions within the City, and the substantial amount of freeway, railroad, and flood control facilities throughout the community, the City, in the event of an earthquake, may be unable to dispatch an adequate number of fire personnel and apparatus to suppress fires and conduct rescue operations. Moreover, the conditions within Diamond Bar likewise occur in surrounding communities, hereby rendering mutual aid assistance problematic, at best. 2 Packet Pg. 121 7.1.a Ord. No. 04 (2019) (7) Due to the City's topography, numerous hillside fire hazard areas are located within its boundaries. (8) Climatic conditions within the community render it extremely likely that, in the event of seasonal high winds and earthquake occurring, the County Fire Department would be unable to suppress numerous fires occurring throughout the community. (9) Located throughout the City, as well as in the surrounding communities, are numerous concentrations of structures which have roofs constructed of thinly cut pieces of wood, otherwise known as untreated shakes, as well as untreated wood shingles. These untreated wood shakes and shingles are extremely combustible in nature. (10) The City is located in an area climatically classified as "arid" and prone to winds of high velocity. Moreover, due to the arid nature of the area, the weather during the windy periods tends to be very warm and dry. The dry weather conditions present a significant threat of wild fire to the City's undeveloped hillsides, wild lands, and nearby homes, and highly populated areas. The potential for rapid spread of even small fires create a need for increased levels of fire protection. (11) Sound transmission controls are necessary to protect City residents from excessive noise generated by multiple nearby freeway interchanges and large arterial streets, among other sources. (12) Local climate makes pool ownership desirable. Children often reside in close proximity to swimming pools, making pool barriers necessary. This need is increased due to potential delays in emergency rescue response resulting from the location of hillside residences and traffic congestion. (13) The City is in an area classified climatically as "arid" and subject to seasonal high temperatures that will affect electrical wiring not designed to be retained for an extended period of time. The Council does hereby further expressly find and determine that the amendments to the Title 24 building standards, set forth herein, and as referenced below, are appropriate given the specific local climatic, geological or topographic conditions set forth above. CBC Sections 1505.1, 1505.1.3 and 1505.1.1 — Findings 7,8,9, and 10. CBC Sections 1612.5 — Finding 5. CBC Sections 1801.2, 1803.1, 1803.8, 1803.8.1, 1803.8.2, 1809.4 and Appendix J — Findings 1, 2, 3, 4, and 5. CRC Sections R301.1.3.2, R313.1, R313.2, R337.1.3.1, R337.2 — Findings 6, 7, 8, 9, and 10. CRC Section R332 — Finding 1. CRC Section R331 — Finding 11. 3 Packet Pg. 122 7.1.a Ord. No. 04 (2019) CRC Section R602.10.8 — Finding 1, 2, 3, 4, and 5. CBC Section 3109.4.1 and CRC R333 — Finding 12. CPC Section 722.6 — Finding 3. CEC Section 590.3 — Finding 13. SECTION 2. Title 15 (Building and Construction Safety), Chapter 15.00, Division 2. Administration Code is hereby deleted in its entirety and replaced to read as follows: DIVISION 2. - ADMINISTRATION CODE Sec. 15.00.110. Chapter 1, Division II of the California Building Code (Scope and Administration) — Adopted. Sec. 15.00.120. Amendments to Chapter 1, Division II of the California Building Code (Scope and Administration). Sec. 15.00.130. Penalties for violation of division. Secs. 15.00.140. — 15.00.300. Reserved. Sec. 15.00.110. Chapter 1, Division II of the California Building Code (Scope and Administration) — Adopted. Except as amended by Section 15.00.120, Chapter 1, Division 11 of the 2019 California Building Code, is hereby adopted and incorporated herein by reference as though fully set forth in this Division and shall constitute the Administration Code of the City. Sec. 15.00.120. Amendments to Chapter 1, Division II of the California Building Code (Scope and Administration). (1) Section 104.6 of the California Building Code is amended to read as follows: 104.6 Right of entry. The building official, or his/her duly authorized representative, shall have the authority to enter any building or premises for the purpose of investigation of the existence of suspected or reported damage or defects which constitute an immediate danger to human life or an immediate hazard to public safety or health. Except in emergency situations, the building official, or his/her authorized representative, shall not enter any building or premises without the consent of the owner or occupant thereof, unless he/she possesses a warrant authorizing entry and search of the premises. No person shall hinder or prevent the building official, or his/her authorized representative, while in the performance of the duties herein described as emergency situations or while in possession of a warrant, from entering upon and into any and all premises under his/her jurisdiction, at all reasonable hours, for the purpose of inspecting the same to determine whether or not the provisions of the Chapter and all other applicable laws or ordinances pertaining to the protection of persons or property are observed therein. 4 Packet Pg. 123 7.1.a Ord. No. 04 (2019) (2) Section 105.1 of the California Building Code is amended to read as follows: 105.1 Permits required. Except as specified in Section 105.2 , no building or structure regulated by this Code shall be used, erected, constructed, enlarged, altered, repaired, moved, improved, removed, occupied, maintained, converted or demolished unless a separate permit for each building or structure has first been obtained from the building official. All signs affixed to any building or structure and not otherwise requiring a permit hereunder shall require a building permit. (3) Section 105.2 of the California Building Code is amended to restate exemptions 1, 4, and 9 as follows.- 105.2 Work exempt from permit. One story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided (a) the floor area is not greater than 120 square feet (11 m2)1 (b) the structure does not exceed 8 feet (2.44 m) in height; (c) the structure has no plumbing or electrical installations or fixtures; and (d) the structure is separated from any other accessory structures by a minimum distance of 6 feet (1.83 m) 4. Retaining walls that are not over 3 feet (914 mm) in height measured from the bottom of footing to the top of the wall, unless supporting a surcharge or impounding flammable liquids. 9. Prefabricated swimming pools, spas, or hot tubs accessory to Group R, Division 3 Occupancy that are less than 24 inches deep (610 mm), are not greater than 5,000 gallons (18 925 L) and are installed entirely above ground. (4) Section 105.3 of the California Building Code is amended to read as follows: 105.3 Application for permit. Application for a permit to perform the work shall be made in writing to the building official and shall fully describe said work. Plans, engineering calculations, diagrams, and other data, including specifications and schedules, may be required to determine whether the installation as described will be in conformance with the requirements of this Title. If it is found that the installation as described will conform to all legal requirements, and if the applicant has complied with the provisions of this Title, a permit for such installation shall be issued. No deviation may be made from the installation described in the permit and plan without the prior written approval of the building official. (5) Section 105.3.2 of the California Building Code is amended to read as follows: 105.3.2 Expiration of plan review. Applications for which no permit is issued within 180 days following the date of filing shall expire by limitation, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the building official. The building official may extend the time for action by the applicant for a period not exceeding 180 days upon request by the 5 Packet Pg. 124 7.1.a Ord. No. 04 (2019) applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. No application shall be extended more than once. In order to renew action on an application after expiration, the applicant shall resubmit plans and pay a new plan review fee. Where applicable, CA Health and Safety Code 18938.5 to 18938.6 shall apply. (6) Section 105.5 of the California Building Code is amended to read as follows: 105.5 Expiration. Except as set forth in Section 105.5.1, every permit issued shall expire by limitation and become null and void as follows: (i) Every permit issued by the building official under the provisions of this Code shall expire and become null and void unless the work authorized by such permit is commenced within one -hundred -eighty (180) days after permit issuance, and if a successful inspection has not been obtained from the building official within one - hundred -eighty (180) days from the date of permit issuance or the last successful inspection. A successful inspection shall mean a documented passed inspection by the city building inspector as outlined in Section 110.6. The building official may extend the time for action by the applicant in writing for a period not exceeding one -hundred -eighty (180) days beyond the latest expiration limit upon written request by the applicant, filed with the building official prior to expiration of the original permit. Where applicable, CA Health and Safety Code 18938.5 to 18938.4 shall apply but shall not negate the requirement for a successful inspection. (ii) In the event of permit expiration and before work for which such permit was required can be commenced or recommenced, a new permit shall first be obtained (hereafter, a "renewal permit"). The applicant must pay all applicable renewal fees, in the amount then established by resolution of the City Council. If a renewal permit is applied for, the building official shall have the discretion to request a site inspection prior to its issuance and a miscellaneous inspection fee shall be paid by the applicant prior to inspection. The inspection fee shall be as specified by resolution of the City Council. In addition, the applicant may be required to resubmit plans and specifications, when deemed necessary by the building official to verify compliance with the building codes, ordinances, regulations, standards, and laws in effect at the time the renewal permit is applied for. (iii) Upon issuance of a renewal permit, the building official may allow the applicant to commence or recommence such work from the last successful inspection of record under the original permit. When an expired building permit includes expired sub -permits, activation of the renewal permit shall activate all subsequent expired sub -permits. All work to be performed under a renewal permit must be completed in accordance with the building codes, ordinances, regulations, standards, and laws in effect on the date of issuance of the renewal permit. (iv) Demolition permits shall expire by limitation and shall become null and void if the work authorized by such permits is not substantially commenced within 45-days of the date such permit was issued or as otherwise 6 Packet Pg. 125 7.1.a Ord. No. 04 (2019) specified by the building official. (7) Section 105.5.1 is added to the California Building Code to read as follows: 105.5.1 Expiration of permit for unlawful structure. Notwithstanding any provision of Section 105.5, if a building permit was issued in order to bring an un- permitted structure or other unlawful, substandard, or hazardous condition into compliance with any applicable law, ordinance, rule or regulation, such permit shall expire by limitation and become null and void 90 days after the date on which the permit was issued if all work has not been completed and final inspection approved by the building inspector per Section 110.3.10 prior to the close of the 90 day period. The building official may extend the validity of the permit for a period not exceeding 90 days beyond the initial 90 day limit upon written request by the applicant filed with the building official prior to the expiration date of the original permit. Where a project cannot reasonably be completed within the timeframes listed in this Section, an applicant may request in writing, prior to issuance of permit or prior to expiration of permit, building official approval of a longer period not to exceed 360 days in total, inclusive of all available extensions. (8) Section 105.8 is added to the California Building Code to read as follows: 105.8 Qualifications of permittee. No person shall be issued a permit under this Chapter until evidence of a valid California Contractor's License and Workers' Compensation Insurance is presented to the building official. EXCEPTION: Owner -builder permit may be issued for specified occupancies in accordance with California law. (9) Section 109.1 of the California Building Code is amended to read as follows: 109.1 Permit fees. The fees required in this Chapter shall be paid to the Building Official for all work for which a permit is required by this Title. (10) Section 109.4 of the California Building Code is amended to read as follows: 109.4 Work commencing before permit issuance. Failure to obtain a permit and to pay fees therefore before commencing work shall be deemed evidence of violation of the provisions of this Chapter. A penalty, as established by resolution of the City Council, shall be assessed for work commenced before a permit is issued. Whenever any work for which a permit is required under the provisions of this Chapter has been commenced without the authorization, a special investigation may be required before a permit will be issued for any such work. In addition to any regular permit fee and/or any penalty fee, the said investigation fee shall be collected as established by resolution of the City Council. (11) Section 109.6 of the California Building Code is amended to read as follows: 109.6 Fee refunds. The building official shall collect such fees as are required to be paid by this Chapter and shall make no refund of fees paid except in 7 Packet Pg. 126 7.1.a Ord. No. 04 (2019) accordance the provisions of this Section and in no event after one hundred eighty (180) days have elapsed from the date of the issuance of the permit. All requests for refund of fees paid shall be made in writing to the building official and shall be made in accordance with the procedures and refund schedule established by resolution of the City Council. (12) Section 109.7 is added to the California Building Code read as follows: 109.7 Plan review fees. When a plan or other data is required to be submitted for review and approval by the building official pursuant to this Chapter, a plan review fee shall be paid at the time of submittal of such plan or other data. Said plan review and recheck fees shall be established, and may be amended from time to time, by resolution of the City Council. (13) Section 110.3.4.2 is added to the California Building Code to read as follows: 110.3.4.2 Accessibility rough inspection. Accessibility rough inspections shall be made at the same time with rough frame inspections outlined in Section 110.3.4. Framing shall be verified for accessible dimensions and site access features shall be prepared, non -accessible features demolished, and measurements verified for installation of curb ramps, slope of surfaces, future concrete or asphalt installation, signage locations prepared, discrepancies between plans and site conditions resolved, and any other accessible features as determined by the building official. (14) Section 113.1 of the California Building Code is amended to read as follows.- 113.1 Appeals. A decision of the building official regarding the interpretation or implementation of any provision of this Chapter or the Code adopted hereby shall be final and shall become effective forthwith upon the service of the decision by the building official, in writing, upon the permittee. For the purposes of this section, service upon the permittee shall mean either personal delivery or placement in the United States Mail, postage prepaid, and addressed to the permittee at his last known business address; provided, however, that the permittee may, within ten (10) days after the effective date of the decision of the building official, file an appeal with the City Clerk, in writing, specifying the reason or reasons for the appeal and requesting that the Board of Appeals review the decision of the building official. (15) Section 113.3 of the California Building Code is amended to read as follows: 113.3 Board of Appeals. The City Council shall act as the Board of Appeals in making a final determination of any appeal filed in accordance with the provisions of Section 113.1. The City Clerk shall schedule a hearing on the appeal at reasonable times at the convenience of the Board of Appeals, but not later than thirty (30) days after receipt of the written appeal. The permittee may appear in person before the Board or be represented by an attorney and may introduce evidence to support his claim. The building official shall transmit to the Board all records, papers, documents, and other materials in support of his decision and shall provide a copy thereof to the permittee appealing the decision of the building 8 Packet Pg. 127 7.1.a Ord. No. 04 (2019) official. The permittee appealing the decision of the building official shall cause, at his own expense, any tests or research required by the Board to substantiate his claim to be performed or otherwise carried out. The Board may continue such appeal hearing from time to time as deemed necessary by the Board. The Board may, by resolution, affirm, reverse or modify in whole or in part, any appealed decision, determination, or interpretation of the building official. A copy of the resolution adopted by the Board shall be mailed to the permittee and the Board's decision shall be final upon the mailing, by United States Mail, postage prepaid, to the permittee's last known address of record. The determination of value or valuation under any of the provisions of this Chapter shall be made by the building official whose determination shall be final. The value is to be utilized in computing the permit and plan review fees established pursuant to this Chapter shall be the total value of all work for which the permit is issued including, by way of illustration and not by limitation, construction and finish work, painting, roofing, electrical, plumbing, heating, air- conditioning, elevators, fire -extinguishing systems, and all other permanent equipment. Sec. 15.00.130. Penalties for violation of division. It shall be unlawful for any person, firm, partnership, or corporation to violate any provision, or to fail to comply with any of the requirements, of this Division. Any person, firm, partnership, or corporation violating any provision of this Division or failing to comply with their requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding One Thousand Dollars ($1,000.00) or by imprisonment not exceeding six (6) months or by both such fine and imprisonment. Each such person, firm, partnership, or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this Division or the Codes adopted hereby is committed, continued or permitted by such person, firm, partnership, or corporation, and shall be deemed punishable therefore as provided in this Division. Secs. 15.00.140 — 15.00.300. Reserved. SECTION 3. Title 15 (Building and Construction Safety), Chapter 15.00, Division 3. Building Code is hereby deleted in its entirety and replaced to read as follows: DIVISION 3. - BUILDING CODE Sec. 15.00.310. California Building Code —Adopted. Sec. 15.00.320. Amendments to the California Building Code. Sec. 15.00.330. Penalties for violation of division. Secs. 15.00.340. — 15.00.500. Reserved. Sec. 15.00.310. California Building Code —Adopted. Except as amended by Sections 15.00.120 and 15.00.320, the 2019 California Building Code (Part 2 of Title 24 of the California Code of Regulations), and Appendices C (Group 9 Packet Pg. 128 7.1.a Ord. No. 04 (2019) U- Agricultural Buildings), I (Patio Covers), and J (Grading) thereto, based on the 2018 International Building Code published by the International Code Council, is hereby adopted and incorporated herein by reference as though fully set forth in this Division and shall constitute the Building Code of the City. A copy of such Code has been deposited in the office of the City Clerk and shall be, at all times, maintained by the City Clerk for use and examination by the public. Sec. 15.00.320. Amendments to the California Building Code. (1) Section 1505.1 of the California Building Code is amended to read as follows.- 1505.1 Roof covering requirements. The roof covering or roofing assembly on any structure regulated by this Code shall as specified in Table 1505.1 and as classified in Sections 1505.2 to 1505.8. Roofing shall be secured or fastened to the supporting roof construction and shall provide weather protection for the building at the roof. (2) Section 1505.1.1 of the California Building Code is amended to read as follows: 1505.1.1 Roof coverings within high fire hazard severity zones. Unless governed by more stringent requirements of this Code, buildings within any area designated as a Very -High Fire Hazard Zone shall have a fire -retardant roof covering that is at least a Class A, as specified below: (i) Section 1505.1.1 is applicable to the entire roof covering of new buildings, to the entire roof covering of existing buildings where twenty-five percent (25%) or more of the roof area is replaced within any one-year period, and any roof covering applied in the alteration, repair or replacement of the roof of every existing structure. (ii) The installer of the roof covering shall provide certification of the roof covering classification to the building owner and, when requested, to the inspection authority having jurisdiction. (3) Section 1505.1.3 of the California Building Code is amended to read as follows: 1505.1.3 Roof coverings within all other areas. The entire roof covering of every existing structure where more than 25 percent of the total roof area is replaced within any one-year period, the entire roof covering of every new structure, and any roof covering applied in the alteration, repair or replacement of the roof of every existing structure, shall be a fire -retardant roof covering that is at least Class C. (4) Section 1612.5 is added to the California Building Code to read as follows: 1612.5 Flood hazard. Buildings and other structures (including walls and fences) are not permitted in an area determined by the City Engineer to be subject to flood hazard by reason of inundation, overflow, or erosion. The placement of the building and other structures (including walls and fences) 10 Packet Pg. 129 7.1.a Ord. No. 04 (2019) on the building site shall be such that water or mud flow will not be a hazard to the building or adjacent property. EXCEPTION: This prohibition shall not apply when provision is made to eliminate such flood hazard to the satisfaction of the City Engineer by providing adequate drainage facilities, by protective walls, suitable fill, raising the floor level of the building, a combination of these methods, or by other means. Provisions must be determined by an engineering analysis, prepared in accordance with standard engineering practice by a registered design professional, that demonstrates the proposed work will not result in any increase in the level of the base flood. (5) Section 1801.3 is added to the California Building Code to read as follows. - Section 1801.2 Seismic hazard zone maps. Special studies zones maps within the City of Diamond Bar prepared under Sections 2622 and 2623 of the California Public Resources Code which show traces of earthquake faults are hereby declared to be, on the date of official issue, a part of this Code, and may be referred to elsewhere in this Code. Special studies zones maps revised under the above Sections of the California Public Resources Code shall, on the date of their official issue, supersede previously issued maps which they replace. Copies of each of the above maps shall be available for examination by the public at the Department of Public Works, Department of Community Development, and the Office of the City Clerk. (6) Section 1803.1 of the California Building Code is amended by the addition of a second paragraph to read as follows. - The City Engineer in the case of an application for a grading permit or if the Building Official determines necessary, may require an engineering geology or geotechnical engineering report, or both, where in his opinion such reports are essential for the evaluation of the safety of the site. The engineering geology or geotechnical engineering report or both shall contain a finding regarding the safety of the building site for the proposed structure against hazard from landslide, settlement or slippage and a finding regarding the effect that the proposed building or grading construction will have on the geologic stability of property outside of the building site. Any engineering geology report shall be prepared by a certified engineering geologist licensed by the State of California. Any geotechnical engineering report shall be prepared by a civil engineer qualified to perform this work, such as a geotechnical engineer experienced in soil mechanics. When both an engineering geology and geotechnical engineering report are required for the evaluation of the safety of a building site, the two reports shall be coordinated before submission to the City Engineer and/or Building Official. Any finding regarding the safety of the building site and the effect that the proposed building or grading construction will have on the geologic stability of property outside of the building site must be substantiated with sufficient data and analyzed in a manner consistent with the current industry standard of care and must be concurred with by the City Engineer and/or Building Official who may rely on the opinion of independent geotechnical reviewers. 11 Packet Pg. 130 7.1.a Ord. No. 04 (2019) (7) Section 1803.8 is added to the California Building Code to read as follows.- 1803.8 Geologic hazards. No building or grading permit shall be issued under the provisions of this Section 1803 when the City Engineer finds that property outside the site of the proposed work could be damaged by activation or acceleration of a geologically hazardous condition and such activation or acceleration could be attributed to the proposed work on, or, change in use of, the site for which the permit is requested. For the purpose of this Section, geologically hazardous condition does not include surface displacement due to earthquake faults. (8) Section 1803.8.1 is added to the California Building Code to read as follows: 1803.8.1 Work requiring a building or grading permit by this Code is not permitted in an area determined by the City Engineerto be subject to hazard from landslide, settlement, or slippage. These hazards include those from loose debris, slope wash and the potential for mud flows from natural slopes or graded slopes. For the purposes of this Section, landslide, settlement, or slippage does not include surface displacement due to earthquake faults. (9) Section 1803.8.2 is added to the California Building Code to read as follows: 1803.8.2 Subject to the conditions of Section 1803.8, permits may be issued in the following cases: (i) When the applicant has submitted an engineering, geology and/or geotechnical engineering report or reports complying with the policies and provisions of City Engineer which report or reports show that the hazard will be eliminated prior to the use or occupancy of the land or structures by modification of topography, reduction of subsurface water, buttressing, a combination of these methods, or by other means. (ii) When the applicant has submitted an engineering geology and/ geotechnical engineering report or reports complying with the policies and provisions of the City Engineer which report or reports contain sufficient data to show that the site appears to be in no danger for the intended use. (10) Section 1809.4 of the California Building Code is amended to read as follows: 1809.4 Foundations on expansive soil. Unless otherwise specified by a registered geotechnical engineer, foundation systems within the City of Diamond Bar are considered to be on expansive soil and shall be constructed in a manner that will minimize damage to the structure from movement of the soil. Slab -on - grade and mat -type footings for buildings located on expansive soils may be designed in accordance with the provisions of Section 1808.6.2 or such other engineering design based upon geotechnical recommendation as approved by the Building Official. Where such an approved method of construction is not provided, foundations and floor slabs shall comply with the following requirements: 12 Packet Pg. 131 7.1.a Ord. No. 04 (2019) (i) Depth of foundations below the natural and finish grades shall be not less than 24 inches for exterior and 18 inches for interior foundations. (ii) Exterior walls and interior bearing walls shall be supported on continuous foundation. (iii) Foundations shall be reinforced with at least two continuous one -half -inch diameter deformed reinforcing bars top and bottom. Two bars shall be placed within four inches of the bottom of the foundation and two within four inches of the top of the foundation. (iv) Concrete floor slabs on grade shall be cast on a four -inch fill of coarse aggregate or on a moisture barrier membrane. The slabs shall be at least three and one-half inches thick and shall be reinforced with welded wire mesh or deformed reinforcing bars. Welded wire mesh shall have a cross - sectional area of not less than five -hundredths square inch per foot each way. Reinforcing bars shall have a diameter of not less than three -eighths inch and be spaced at intervals not exceeding 24 inches each way. (v) The soil below an interior concrete slab shall be saturated with moisture to a depth of 18 inches prior to casting the concrete. (11) Section 3109.3 of the California Building Code is amended to read as follows.- 3109.3 Barrier Height and clearances. The top of the barrier shall be not less than 60 inches (1524 mm) above grade measured on the side of the barrier that faces away from the swimming pool. The vertical clearance between grade and the bottom of the barrier shall be not greater than 2 inches (51 mm) measured on the side of the barrier that faces away from the swimming pool. Where the top of the pool structure is above grade, the barrier is authorized to be at ground level or mounted on top of the pool structure, and the vertical clearance between the top of the pool structure and the bottom of the barrier shall be not greater than 4 inches (102 mm). Residential swimming pools barriers shall be completely enclosed by a barrier complying with Sections 3109.4.1.1 through 3109.4.3 below: 3109.3.1 Openings Openings in the barrier shall not allow passage of a 4-inch-diameter (102 mm) sphere. 3109.3. 2 Solid barrier surfaces Solid barriers which do not have openings shall not contain indentations or protrusions except for normal construction tolerances and tooled masonry joints. 3109.3. 3 Closely spaced horizontal members Where the barrier is composed of horizontal and vertical members and the 13 Packet Pg. 132 7.1.a Ord. No. 04 (2019) distance between the tops of the horizontal members is less than 45 inches (1143 mm), the horizontal members shall be located on the swimming pool side of the fence. Spacing between vertical members shall be not greater than 13/4 inches (44 mm) in width. Where there are decorative cutouts within vertical members, spacing within the cutouts shall be not greater than 13/4 inches (44 mm) in width. 3109.3.4 Widely spaced horizontal members Where the barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members is 45 inches (1143 mm) or more, spacing between vertical members shall be not greater than 4 inches (102 mm). Where there are decorative cutouts within vertical members, spacing within the cutouts shall be not greater than 13/4 inches (44 mm) in width. 3109.3.5 Chain link dimensions Mesh size for chain link fences shall be not greater than a 21/4-inch square (57 mm square) unless the fence is provided with slats fastened at the top or the bottom that reduce the openings to not more than 13/4 inches (44 mm). 3109.3.6 Diagonal members Where the barrier is composed of diagonal members, the opening formed by the diagonal members shall be not greater than 13/4 inches (44 mm). 3109.3.7 Gates Access doors or gates shall comply with the requirements of Sections 3109.4.1.1 through 3109.4.1.6 and shall be equipped to accommodate a locking device. Pedestrian access doors or gates shall open outward away from the pool and shall be self -closing and have a self -latching device. Doors or gates other than pedestrian access doors or gates shall have a self -latching device. Release mechanisms shall be in accordance with Sections 1010.1.9 and 1109.13. Where the release mechanism of the self -latching device is located less than 54 inches (1372 mm) from the bottom of the door or gate, the release mechanism shall be located on the pool side of the door or gate 3 inches (76 mm) or more, below the top of the door or gate, and the door or gate and barrier shall be without openings greater than 1/2 inch (12.7 mm) within 18 inches (457 mm) of the release mechanism. 3109.3.8 Dwelling wall as a barrier Where a wall of a dwelling serves as part of the barrier, one of the following shall apply: 1. Doors with direct access to the pool through that wall shall be equipped with an alarm that produces an audible warning when the door or its screen, if present, are opened. The alarm shall be listed and labeled in accordance with UL 2017. In dwellings not required to be Accessible units, Type A units or 14 Packet Pg. 133 7.1.a Ord. No. 04 (2019) Type B units, the deactivation switch shall be located 54 inches (1372 mm) or more above the threshold of the door. In dwellings required to be Accessible units, Type A units or Type B units, the deactivation switch shall be located not higher than 54 inches (1372 mm) and not less than 48 inches (1219 mm) above the threshold of the door. 2. The pool shall be equipped with a power safety cover that complies with ASTM F1346. 3. Other means of protection, such as self -closing doors with self -latching devices, which are approved, shall be accepted so long as the degree of protection afforded is not less than the protection afforded by Item 1 or 2 above. 3109.3.9 Pool structure as barrier Where an above -ground pool structure is used as a barrier or where the barrier is mounted on top of the pool structure, and the means of access is a ladder or steps, then the ladder or steps either shall be capable of being secured, locked or removed to prevent access, or the ladder or steps shall be surrounded by a barrier that meets the requirements of Sections 3109.4.1.1 through 3109.4.1.8. Where the ladder or steps are secured, locked or removed, any opening created shall not allow the passage of a 4-inch-diameter (102 mm) sphere. 3109.4.1 Indoor swimming pools Walls surrounding indoor swimming pools shall not be required to comply with Section 3109.4.1.8. 3109.4.2 Prohibited locations Barriers shall be located so as to prohibit permanent structures, equipment or similar objects from being used to climb the barriers. (12) Section J101.3 is added to Appendix J of the California Building Code to read as follows: J101.3 Hazardous conditions. Whenever the City Engineer determines that any existing excavation, embankment or fill has become a hazard to life and limb, or endangers property, structures, or adversely affects the safety, use or stability of a public way or drainage channel, the owner of the property upon which the excavation, embankment or fill is located, or other person or agent in control of said property, upon receipt of notice in writing from the City Engineer shall within the period specified therein repair, reconstruct or remove such excavation, embankment or fill so as to eliminate the hazard in conformance with the requirements of this Code. (13) Section J101.4 is added to Appendix J of the California Building Code to read as 15 Packet Pg. 134 7.1.a Ord. No. 04 (2019) follows: J101.4 Maintenance of protective devices and rodent control. The owner of any property on which grading has been performed pursuant to a permit issued under the provisions of this Code, or any other person or agent in control of such property, shall maintain in good condition and repair all drainage structures and other protective devices and burrowing rodent control when shown on the grading plans filed with the application for grading permit and approved as a condition precedent to issuance of such permit. (14) Section J101.5 is added to Appendix J of the California Building Code to read as follows: J101.5 Correlation with other sections. The provisions of this chapter are independent of the provisions of Division 9, Building and Property Rehabilitation Code of Title 15 of the Diamond Bar City Code. (15) Section J102.1 of Appendix J of the California Building Code is revised by adding the following definitions. - BUILDING OFFICIAL. Whenever in Appendix J the term "Building Official' is used, said term shall mean, and all powers and duties to be exercised by the Building Official shall be vested in, the City Engineer of the City of Diamond Bar. CIVIL ENGINEER. A professional engineer registered in the State of California to practice in the field of civil engineering works and shall include the civil engineer of record or project engineer. CIVIL ENGINEERING. The application of the knowledge of the forces of nature, principles of mechanics and the properties of materials to the evaluation, design and construction of civil engineering works. DESIGN ENGINEER. The Civil Engineer responsible for the preparation of the grading plans for the site grading work. ENGINEERING GEOLOGIST. Shall mean a person experienced and knowledgeable in engineering geology and holding a valid certificate of registration as a geologist issued by the State of California. GEOTECHNICAL ENGINEER. See "Soils Engineer." GEOTECHNICAL HAZARD. An adverse condition due to landslide, settlement, and/or slippage. These hazards include but are not limited to loose debris, slopewash, and mud flows from natural or graded slopes. LANDSCAPE ARCHITECT. A person holding a valid certificate of registration as a landscape architect issued by the State of California. SOILS ENGINEER (GEOTECHNICAL ENGINEER). A civil engineer experienced and knowledgeable in the practice of soils (geotechnical) 16 Packet Pg. 135 7.1.a Ord. No. 04 (2019) engineering and holding a valid certificate of registration as a soils (geotechnical) engineer issued by the State of California and shall include the soils engineer of record or project soils engineer. SOILS ENGINEERING (GEOTECHNICAL ENGINEERING). The application of the principals of soils mechanics in the investigation, evaluation, and design of civil engineering works involving the use of earth materials and the inspection or testing of construction thereof. (16) Section J103.1 of Appendix J of the California Building Code is amended to read as follows: J103.1 Permits required. Except as exempted in Section J103.2, no person shall do any grading without first obtaining a grading permit from the City Engineer. A separate permit shall be required for each site, and may cover both excavations and fills, except that a grading permit may be issued for a site to include incidental minor work outside the site on contiguous property, provided that the owner of such contiguous property has filed with the City Engineer written consent to the work. Such consent shall include a statement that the owner will irrigate and maintain planted slopes and maintain drains located within his property and the owner will hold the City of Diamond Bar free and clear of any liability for damages to the proposed work. A grading permit does not include the construction of retaining walls or other structures. (17) Section J103.3 is added to Appendix J of the California Building Code to read as follows: J103.3 Other permits required and jurisdiction of other agencies. J103.3.1 Other permits required. Permits issued under the provisions of Appendix J convey no right to erect any foundation, structure or building, or construct any swimming pool, spa or hot tub, or do any plumbing work, or do any electrical work. Regular foundation, structure or building; swimming pool, spa or hot tub; plumbing; electrical or other permits shall be secured for all such work. J103.32 Jurisdiction of other agencies. Permits issued under the provisions of Appendix J shall not relieve the owner of the responsibility for securing permits, licenses or approvals that may be required from other departments or divisions of the governing agencies. (18) Section J103.4 is added to Appendix J of the California Building Code to read as follows: J103.4 Grading designation. Grading involving any fill intended to support structures, or grading for the development of more than one lot or parcel, or grading in excess of 50 cubic yards, or grading which includes excavation or fill in excess of 5 feet in depth or height shall be performed in accordance with the approved grading plan prepared by a civil engineer, and shall be designated as "engineered grading". All other grading shall be designated as "regular grading" 17 Packet Pg. 136 Ord. No. 04 (2019) 7.1.a unless the permittee chooses to have the grading performed as "engineered grading" or unless the City Engineer determines that special conditions or unusual hazards exist, in which case grading shall be designated as and conform to the requirements of "engineered grading". (19) Section J104.5 is added to Appendix J of the California Building Code to read as follows: J104.5 Issuance. The provisions of Section 105.3 of Chapter 1, of the California Building Code as duly adopted, are applicable to grading permits. The City Engineer may require that grading operations and project designs be modified if delays occur which incur weather -generated problems not considered at the time the permit was issued. The City Engineer may require professional inspection and testing by the soils engineer. When the City Engineer has cause to believe that geologic factors may be involved, the grading will be required to conform to "engineered grading". The City Engineer may require bonds in such form and amounts as may be deemed necessary to ensure that the work, if not completed in accordance with the approved plans and specifications, will be corrected to eliminate hazardous conditions. In lieu of a surety bond, the applicant may file a cash bond or instrument of credit with the City Engineer in an amount equal to that which would be required in the surety bond. (20) Section J104.6 is added to Appendix J of the California Building Code to read as follows: J104.6 Denial of permit. J104.6.1 Flood and geologic hazards. The City Engineer shall not issue a grading permit in any case where he finds that the work, as proposed by the applicant, is likely to adversely affect the stability of adjoining property or result in the deposition of debris on any public way or interfere with any existing drainage course or be in any area determined to be subject to flood or geologic hazard under provisions of Section 116 of Chapter 1 of the 2019 California Building Code, as duly adopted and amended. EXCEPTION 1: This prohibition shall not apply when provision is made to eliminate such flood or geologic hazard to the satisfaction of the City Engineer under the provisions of Section 116 of Chapter 1 of the 2019 California Building Code, as duly adopted and amended. EXCEPTION 2: This prohibition shall not apply when grading work in an existing drainage course and is designed to meet all requirements for grading in drainage courses under the City's Hillside Management Ordinance and provision is made to the satisfaction of the City Engineer 18 Packet Pg. 137 7.1.a Ord. No. 04 (2019) to adequately collect, convey and discharge flows through the project without increasing erosion or deposition of debris or adversely affecting upstream or downstream properties. 104.6.2 Land use. The City Engineer shall not issue a grading permit for any work on the site unless the proposed uses shown on the grading plan for the site will comply with the provisions of the Zoning Code Ordinance of the City of Diamond Bar. (21) Section J104.7 is added to Appendix J of the California Building Code to read as follows: J104.7 Import and export of earth materials in excess of 10,000 cubic yards. J104.7.1 Transport over public maintained streets. In addition to other provisions of this Code, the following requirements shall apply when earth materials in excess of 10,000 cubic yards are to be exported from or imported to a grading site by transporting such materials over a publicly maintained street. (i) The point of access to the public street shall be located as approved by the City Engineer. (ii) Special safety precautions, including, but not limited to, the access road approach grade and alignment to the public street, sight distance at the intersection with the public street and traffic control devices may be required by the City Engineer. J104.7.2 Zoning ordinance compliance. No grading permit shall be issued for the import or export of more than 10,000 cubic yards of earth material to or from a grading site where such work would be classified as an "off -site transport grading project" as defined in Title 22 of the Diamond Bar Municipal Code, entitled "Development Code", unless the project is in conformance with Title 22. (22) Section J105.3 is added to Appendix J of the California Building Code to read as follows: J105.3 Transfer of responsibility. If the civil engineer, the soils engineer, or the engineering geologist of record is changed during grading, the work shall be stopped until the replacement has agreed in writing to accept their responsibility in the area of technical competence for approval upon completion of the work. It shall be the duty of the permittee to notify the City Engineer in writing of such change prior to the recommencement of such grading. (23) Section J109.5 is added to Appendix J of the California Building Code to read as follows: J109.5 Overflow protection. Berms, swales or other devices shall be provided 19 Packet Pg. 138 Ord. No. 04 (2019) 7.1.a at the top of cut or fill slopes steeper than five horizontal to one vertical to prevent surface waters from overflowing onto and damaging the face of the slope. Gutters or other special drainage controls shall be provided where the proximity of runoff from buildings or other structures is such as to pose a potential hazard to slope integrity. (24) Section J110.3 is added to Appendix J of the California Building Code to read as follows: J110.3 Temporary erosion control precautions. Grading operations shall be planned to avoid the rainy season, October 15 through April 15 of the following calendar year. Grading permits shall only be issued when a plan for erosion control and silt retention has been approved by the City Engineer. J110.3.1 The City Engineer shall not issue a grading permit for any work to be commenced between October 15 of any year and April 15 of the following calendar year, unless detail plans for such work include the details of protective measures, including desilting basins or other temporary drainage control measures, or both, as may be necessary to protect the adjoining public and private property from damage by erosion, flooding or deposition of debris which may originate from the site or result from such grading operations. All protective measures shall be installed before grading is begun. All erosion control measures shall comply with any adopted National Pollutant Discharge Elimination System (NPDES) policies and standards of the City. J110.3.2 Where a grading permit is issued and grading work commenced after April 15 and before October 15 of any year and the plans for such work do not include details of the protective measures described in J110.3a, and it appears that the grading and installation of the permanent drainage devices as authorized by the permit will not be completed by October 15, then, on or before October 15 the owner of the site on which the grading is being performed shall file or cause to be filed with the City Engineer revised detail plans which include details of the protective measures described in, and in all other respects follow, the provisions of J 110.3a. J110.3.3 Effect of noncompliance. Should the owner fail to submit detail plans or to provide the protective measures required by Sections J110.3a and J110.3b by the date specified therein, it shall be deemed that a default has occurred under the conditions of the grading permit security. Thereupon the City Engineer may enter the property for the purpose of installing, by City forces or other means, the drainage and erosion control devices shown on the approved detail plans, or if there are no approved detail plans, as may be deemed necessary to protect adjoining property from storm damage, or the City Engineer may cause the owner of the site 20 Packet Pg. 139 Ord. No. 04 (2019) 7.1.a to be prosecuted as a violator of this Code, or he may take both actions. (25) Section J110.4 is added to Appendix J of the California Building Code to read as follows: J110.4 Permanent erosion control. J110.4.1 Planting and irrigation. The surface of all manufactured slopes shall be protected against damage by erosion by the installation of a permanent irrigation system and planting with ground cover, shrubs and/or trees which provide satisfactory long term erosion control. Planting and plant materials shall be specified and installed in accordance with the Hillside Management Ordinance of the City of Diamond Bar. The irrigation system shall provide adequate coverage and the proper application rate to maintain the appropriate moisture for the establishment and proper growth of the plantings installed, but the irrigation shall not saturate the slopes or cause erosion. J110.4.2 Planting and irrigation plans and specifications. For grading which includes cut slopes more than 5 feet in height; or fill slopes supporting structures of more than 3 feet in height; or natural slopes disturbed more than 10 feet in surficial extent by the grading operations planting and irrigation plans and specifications shall be submitted for approval of the City Engineer and/or the Community Development Director. For all manufactured slopes more than 20 feet in height or natural slopes disturbed more than 20 feet in surficial extent by grading operations plans shall be prepared and signed by a civil engineer or landscape architect. J110.4.3 Rodent control. All manufactured slopes steeper than four horizontal to one vertical within a grading project adjacent to undeveloped or unoccupied land shall be protected from potential slope damage by a preventative program of burrowing rodent control. (26) Section J112 is added to Appendix J of the California Building Code to read as follows: J112 Completion of work. J112.1 Final reports. Upon completion of the rough grading work and at the final completion of the work, the following reports and drawings and supplements thereto are required for engineered grading or when professional inspection is performed for regular grading, as applicable. (i) An as -built grading plan prepared by the licensed civil engineer retained to provide such services showing original ground surface elevations, as -graded ground surface elevations, lot drainage patterns, and the locations and elevations of surface drainage facilities and of the outlets of subsurface drains. As -constructed locations, elevations and details of subsurface drains shall be 21 Packet Pg. 140 7.1.a Ord. No. 04 (2019) shown as reported by the soils engineer. Civil engineers shall state that to the best of their knowledge work within their area of responsibility was done in accordance with the final approved grading plan. (ii) A report prepared by the licensed soils engineer retained to provide such services including locations and elevations of field density tests, summaries of field and laboratory tests, other substantiating data, and comments on any changes made during grading and their effect on the recommendations made in the approved soils engineering investigation report. Soils engineers shall submit a statement that, to the best of their knowledge, the work within their area of responsibilities is in accordance with the approved soils engineering report and applicable provisions of this Chapter. (iii) A report prepared by the licensed engineering geologist retained to provide such services including a final description of the geology of the site and any new information disclosed during the grading and the effect of same on recommendations incorporated in the approved grading plan. Engineering geologists shall submit a statement that, to the best of their knowledge, the work within their area of responsibility is in accordance with the approved engineering geologist report and applicable provisions of this Chapter. J112.2 Notification of completion. The permittee shall notify the City Engineer when the grading operation is ready for final inspection. Final approval shall not be given until all work including installation of all drainage facilities and their protective devices, and all erosion -control measures have been completed in accordance with the final approved grading plan, and the required reports have been submitted. Sec. 15.00.330. Penalties for violation of division It shall be unlawful for any person, firm, partnership, or corporation to violate any provision, or to fail to comply with any of the requirements, of this Division. Any person, firm, partnership, or corporation violating any provision of this Division or failing to comply with their requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding One Thousand Dollars ($1,000.00) or by imprisonment not exceeding six (6) months or by both such fine and imprisonment. Each such person, firm, partnership, or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this Division or the Codes adopted hereby is committed, continued or permitted by such person, firm, partnership, or corporation, and shall be deemed punishable therefor as provided in this Division. Secs. 15.00.340 — 15.00.500. Reserved. 22 Packet Pg. 141 7.1.a Ord. No. 04 (2019) SECTION 4. Title 15 (Building and Construction Safety), Chapter 15.00, Division 4. Mechanical Code is hereby deleted in its entirety and replaced to read as follows: DIVISION 4. - MECHANICAL CODE Sec. 15.00.510. California Mechanical Code — Adopted. Sec. 15.00.520. Amendments to the California Mechanical Code. Sec. 15.00.530. Penalties for violation of division. Secs. 15.00.540. — 15.00.700. Reserved. Sec. 15.00.510. California Mechanical Code —Adopted. Except as amended by Section 15.00.520, the 2019 California Mechanical Code (Part 4 of Title 24 of the California Code of Regulations) and the appendices thereto, based on the 2018 Uniform Mechanical Code published by the International Association of Plumbing and Mechanical Officials, is hereby adopted and incorporated herein by reference as though fully set forth in this Division and shall constitute the Mechanical Code of the City. A copy of such Code has been deposited in the office of the City Clerk and shall be, at all times, maintained by the Clerk for use and examination by the public. Sec. 15.00.520. Amendments to the California Mechanical Code (1) Section 10 1. 6 is added to the California Mechanical Code to read as follows: 101.6 Conflicts with Administration Code. Where conflicts between Chapter 1, Division II of this Mechanical Code and the Administration Code occur, the Administration Code shall prevail. The purpose of Chapter 1 Division II of the Mechanical Code is to supplement the Administration Code. (2) Section 104.5 of the California Mechanical Code is amended to read as follows: 104.5 Fees. Refer to Administration Code Section 109. (3) Section 107.0 of the California Mechanical Code is amended to read as follows: 107.0 Board of Appeals. Refer to Administration Code Section 113. Sec. 15.00.530. Penalties for violation of division. It shall be unlawful for any person, firm, partnership, or corporation to violate any provision, or to fail to comply with any of the requirements, of this Division. Any person, firm, partnership, or corporation violating any provision of this Division or failing to comply with their requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding One Thousand Dollars ($1,000.00) or by imprisonment not exceeding six (6) months or by both such fine and imprisonment. Each such person, firm, partnership, or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this Division or the Codes adopted is hereby 23 Packet Pg. 142 7.1.a Ord. No. 04 (2019) committed, continued or permitted by such person, firm, partnership, or corporation, and shall be deemed punishable therefor as provided in this Division. Secs. 15.00.540 — 15.00.700. Reserved. SECTION 5. Title 15 (Building and Construction Safety), Chapter 15.00, Division 5. Plumbing Code is hereby deleted in its entirety and replaced to read as follows: DIVISION 5. - PLUMBING CODE Sec. 15.00.710. California Plumbing Code —Adopted. Sec. 15.00.720. Amendments to the California Plumbing Code. Sec. 15.00.730. Penalties for violation of division. Secs. 15.00.740. — 15.00.900. Reserved. Sec. 15.00.710. California Plumbing Code —Adopted. Except as amended by Section 15.00.720, the 2019 California Plumbing Code (Part 5 of Title 24 of the California Code of Regulations) and the appendices thereto, based on the 2018 Uniform Plumbing Code published by the International Association of Plumbing and Mechanical Officials, is hereby adopted and incorporated herein by reference as though fully set forth in this Division and shall constitute the Plumbing Code of the City. A copy of such Code has been deposited in the office of the City Clerk and shall be, at all times maintained by the City Clerk for use and examination by the public. Sec. 15.00.720. Amendments to the California Plumbing Code. (1) Section 101.4.1 is added to the California Plumbing Code to read as follows 101.6 Conflicts with Administration Code. Where conflicts between Chapter 1, Division II of this Plumbing Code and the Administration Code occur, the Administration Code will prevail. The purpose of Chapter 1, Division II of the Plumbing Code is to supplement the Administration. (2) Section 104.5 of the California Plumbing Code is amended to read as follows: 104.5 Fees. Refer to Administration Code Section 109. (3) Section 722.6 is added to the California Plumbing Code to read as follows: 722.6 No such excavation shall be left unattended at any time unless the permittee shall have first provided a suitable and adequate barricade to assure public safety. Sec. 15.00.730. Penalties for violation of division. It shall be unlawful for any person, firm, partnership, or corporation to violate any provision, or to fail to comply with any of the requirements, of this Division. Any person, firm, partnership, or corporation violating any provision of this Division or failing to comply with their requirements shall be deemed guilty of a misdemeanor and upon 24 Packet Pg. 143 7.1.a Ord. No. 04 (2019) conviction thereof shall be punished by a fine not exceeding One Thousand Dollars ($1,000.00) or by imprisonment not exceeding six (6) months or by both such fine and imprisonment. Each such person, firm, partnership, or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this Division or the Codes adopted hereby is committed, continued or permitted by such person, firm, partnership, or corporation, and shall be deemed punishable therefor as provided in this Division. Secs. 15.00.740 — 15.00.900. Reserved. SECTION 6. Title 15 (Building and Construction Safety), Chapter 15.00, Division 6. Electrical Code is hereby deleted in its entirety and replaced to read as follows: DIVISION 6. - ELECTRICAL CODE Sec. 15.00.910. California Electrical Code —Adopted. Sec. 15.00.920. Amendments to the California Electrical Code. Sec. 15.00.930. Penalties for violation of division. Secs. 15.00.940. — 15.00.1100. Reserved. Sec. 15.00.910. California Electrical Code — Adopted. Except as amended by Section 15.00.920, the 2019 California Electrical Code (Part 3 of Title 24 of the California Code of Regulations), and the appendices thereto, based on the 2017 National Electrical Code published by the National Fire Protection Association, is hereby adopted and incorporated herein by reference as though fully set forth in this Division and shall constitute the Electrical Code of the City. A copy of such Code has been deposited in the office of the City Clerk and shall be, at all times, maintained by the Clerk for use and examination by the public. Sec. 15.00.920. Amendments to the California Electrical Code. (1) Section 89.101.7.4 is added to the California Electrical Code to read as follows: 89.101.7.4 Conflicts with Administration Code. Where conflicts between Article 89 of this Electrical Code and the Administration Code occur, the Administration Code shall prevail. The purpose of Article 89 of the Electrical Code is to supplement the Administration Code. (2) Section 89.108.4.2 of the California Electrical Code is amended to read as follows: 89.108.4.2 Fees. Refer to Administration Code Section 109. (3) Section 89.108.8 of the California Electrical Code is amended to read as follows: 89.108.8 Appeals Board. Refer to Administration Code Section 113. (4) Section 590.3(B) of the California Electrical Code is amended to read as follows: 590.3(B) 30 Days. Temporary electrical power and lighting installations shall be 25 Packet Pg. 144 7.1.a Ord. No. 04 (2019) permitted for a period not to exceed 30 days for holiday decorative lighting and similar purposes. Sec. 15.00.930 Penalties for violation of division. It shall be unlawful for any person, firm, partnership, or corporation to violate any provision, or to fail to comply with any of the requirements, of this Division. Any person, firm, partnership, or corporation violating any provision of this Division or failing to comply with their requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding One Thousand Dollars ($1,000.00) or by imprisonment not exceeding six (6) months or by both such fine and imprisonment. Each such person, firm, partnership, or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this Division or the Codes adopted hereby is committed, continued or permitted by such person, firm, partnership, or corporation, and shall be deemed punishable therefor as provided in this Division. Secs. 15.00.940 — 15.00.1100. Reserved. SECTION 7. Title 15 (Building and Construction Safety), Chapter 15.00, Division 12. Residential Code is hereby deleted in its entirety and replaced to read as follows: DIVISION 12. — RESIDENTIAL CODE Sec. 15.00.3210. California Residential Code —Adopted. Sec. 15.00.3220. Amendments to the California Residential Code. Sec. 15.00.3230. Penalties for violation of division. Sec. 15.00.3210. California Residential Code —Adopted. Except as otherwise provided by this Title, Sections 102 to 116 of the Administration Code, Section 1207 of Chapter 12, and Appendix J of the 2019 California Building Code (Part 2 of Title 24 of the California Code of Regulations) are hereby adopted and incorporated herein by reference as though fully set forth in this Division, and shall be known as Sections 102 to 116 of Chapter 1, Section 1207 of Chapter 12, and Appendix J of the 2019 California Residential Code (Part 2.5 of Title 24 of the California Code of Regulations). Except as amended by Section 15.00.3220, the 2019 California Residential Code (Part 2.5 of Title 24 of the California Code of Regulations), and Appendices H (Patio Covers), J (Existing Buildings and Structures), K (Sound Transmission), and O (Automatic Vehicular Gates) thereto, based on the 2015 International Residential Code published by the International Code Council, is hereby adopted and incorporated herein by reference as though fully set forth in this Division and shall constitute the Building Code of the City. A copy of such Code has been deposited in the office of the City Clerk and shall be, at all times, maintained by the City Clerk for use and examination by the public. Sec. 15.00.3220. Amendments to the California Residential Code. 26 Packet Pg. 145 7.1.a Ord. No. 04 (2019) (1) Section R301.1.3.2 of the California Residential Code is amended to read as follows: R301.1.3.2 Woodframe structures. The building official shall require construction documents to be approved and stamped by a California licensed architect or engineer for all dwellings of woodframe construction more than two stories and basement in height located in Seismic Design Category A, B or C. Notwithstanding other sections, the law establishing these provisions is found in Business and Professions Code sections 5537 and 6737.1. The building official shall require construction documents to be approved and stamped by a California licensed architect or engineer for all dwellings of wood frame construction more than one story in height or with a basement located in Seismic Design Category DO, D1, or D2. (2) Sections R313.1 and R313.2 of the California Residential Code are revised by amending the exception to these two Sections to read as follows.- Exception- An automatic residential fire sprinkler system shall not be required for additions or alterations to existing buildings that are not already provided with an automatic residential fire sprinkler system unless the addition or alteration affects more than 90% of an existing structure located within a Very High Fire Hazard Severity Zone. In that instance, modifications to more than 90% of the existing structure shall be considered a new structure and shall require the installation of an automatic residential fire sprinkler system and meet Fire Zone requirements. (3) Section R337.1.3 of the California Residential Code is amended to restate exemption 4 as follows.- 4. Additions to and remodels of buildings originally constructed prior to the applicable application date that do not affect more than 90% of the existing structure. Modifications to more than 90% of the existing structure shall be considered a new structure. (4) Section R337.2 of the California Residential Code is revised by adding a third paragraph to the definition of "FIRE HAZARD SEVERITY ZONES" to read as follows: The City Council hereby designates Very High Fire Hazard Severity Zones as recommended by the Director of the California Department of Forestry and Fire Protection (Cal Fire) and as designated on a map titled Very High Fire Hazard Severity Zones in Local Responsibility Area (LRA) for Diamond Bar by Cal Fire - Fire and Resource Assessment Program (FRAP), dated February 2011 and retained on file at the office of the Building Official. (5) Section R331 is added to the California Residential Code to read as follows. R331 Sound Transmission Control. Criteria for sound transmission control between dwelling units and outside noise shall be as provided in the California Building Code. Refer to Section 1207 of the California Building Code for criteria 27 Packet Pg. 146 7.1.a Ord. No. 04 (2019) where sound transmission applies. (6) Section R332 is added the California Residential Code to read as follows: R332 Structural Tests and Inspections. Structural test and inspection requirements which are omitted from the California Residential Code are intended to refer to the California Building Code. When structural tests and special inspections are required due to the methods of construction the tests and inspections shall be performed and documented as required in Chapter 17 of the California Building Code. (7) Section R333 is added to the California Residential Code to read as follows: R333 Pool Barrier Requirements. Pool barrier criteria are not explicitly located within the California Residential Code and are intended to refer to the California Building Code. Where any body of water over 18" occurs, refer to California Building Code Section 3109 for pool barrier requirements. (8) Section R403.1.4.1 of the California Residential Code is amended to read as follows: R403.1.4.1 Foundations on Expansive Soil. Unless otherwise specified by a registered geotechnical engineer, foundation systems within the City of Diamond Bar are considered to be on expansive soil and shall be constructed in a manner that will minimize damage to the structure from movement of the soil. See Building Code Section 1809.4 for requirements. (9) Section R602.10 of the California Residential Code is amended by the addition of an exception to read as follows: R602.10 Wall bracing. EXCEPTION: Construction documents shall be designed in accordance with engineered design by a California licensed architect or engineer per the California Building Code for dwellings of wood frame construction more than one story. (10) Section R602.10.8, paragraph 1, of the California Residential Code is amended to read as follows. R602.10.8 Braced wall panel connections. 1. Parallel rafters or roof trusses shall be attached to the top plates of braced wall panels through solid blocking and framing anchors or equal each bay. No gaps or voids from the roof sheathing through the entire connection shall occur. Sec. 15.00.3230 Penalties for violation of division. 28 Packet Pg. 147 7.1.a Ord. No. 04 (2019) It shall be unlawful for any person, firm, partnership, or corporation to violate any provision, or to fail to comply with any of the requirements, of this Division. Any person, firm, partnership, or corporation violating any provision of this Division or failing to comply with their requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding One Thousand Dollars ($1,000.00) or by imprisonment not exceeding six (6) months or by both such fine and imprisonment. Each such person, firm, partnership, or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this Division or the Codes adopted hereby is committed, continued or permitted by such person, firm, partnership, or corporation, and shall be deemed punishable therefore as provided in this Division. SECTION 8. Title 15 (Building and Construction Safety), Chapter 15.00, Division 13. Green Building Code is hereby deleted in its entirety and replaced to read as follows: DIVISION 13. — GREEN BUILDING CODE Sec. 15.00.3240. California Green Building Code — Adopted. Sec. 15.00.3250. Reserved. Sec. 15.00.3260. Penalties for violation of division. Sec. 15.00.3240. California Green Building Code —Adopted. Except as amended by Section 15.00.3250, the 2019 California Green Building Code (Part 11 of Title 24 of the California Code of Regulations), without appendices, is hereby adopted and incorporated herein by reference as though fully set forth in this Division and shall constitute the Green Building Code of the City. A copy of such Code has been deposited in the office of the City Clerk and shall be, at all times, maintained by the City Clerk for use and examination by the public. Separate waste diversion ordinances outlined in Chapter 8.16 of Title 8 and landscape ordinances contained in Chapter 22.26 of Title 22 shall remain effective and in full force notwithstanding the adoption of the California Green Building Code. Sec. 15.00.3250. Reserved. Sec. 15.00.3260. Penalties for violation of division. It shall be unlawful for any person, firm, partnership, or corporation to violate any provision, or to fail to comply with any of the requirements, of this Division. Any person, firm, partnership, or corporation violating any provision of this Division or failing to comply with their requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding One Thousand Dollars ($1,000.00) or by imprisonment not exceeding six (6) months or by both such fine and imprisonment. Each such person, firm, partnership, or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this Division or the Codes adopted hereby is committed, continued or permitted by such person, firm, partnership, or corporation, and shall be deemed punishable therefore as provided in this Division. 29 Packet Pg. 148 7.1.a Ord. No. 04 (2019) SECTION 9. Title 15 (Building and Construction Safety), Chapter 15.00, Division 9. Rehabilitation Code is hereby deleted in its entirety and replaced to read as follows: DIVISION 9. —REHABILITATION CODE Sec. 15.00.1510. Los Angeles County Building Code — Adopted. Sec. 15.00.1520. Amendments to the Los Angeles County Building Code. Sec. 15.00.1530. Penalties for violation of division. Secs. 15.00.1540 — 15.00.1700. Reserved. Sec. 15.00.1510. Los Angeles County Building Code —Adopted. Except as amended by Section 15.00.1520, Chapters 98 (Unoccupied Buildings, Structures, and Special Hazards) and 99 (Building and Property Rehabilitation) of Title 26 of the Los Angeles County Building Code, based on the Uniform Building Code, is hereby adopted and incorporated herein by reference as the Rehabilitation Code of the City. Sec. 15.00.1520. Amendments to the Los Angeles County Building Code. (1) Section 9902.2 of Chapter 99 of the Los Angeles County Building Code is amended to read as follows. - BOARD, as used by this Chapter, the term "Board," "Building Rehabilitation Appeals Board," or "Board of Supervisors" shall mean the City Council of the City of Diamond Bar. All powers and duties to be exercised by the "Board," "Building Rehabilitation Appeals Board," or "Board of Supervisors" shall be vested in the City Council of the City of Diamond Bar. (2) Section 9902.8 is added to Chapter 99 of the Los Angeles County Building Code to read as follows. - COUNTY, as used by this Chapter, shall mean the City of Diamond Bar. All powers and duties to be exercised by the County shall be vested in the City of Diamond Bar. (3) Section 9905.16 is added to Chapter 99 of the Los Angeles County Building Code to read as follows. - Garbage containers and receptacles stored in front or side yards visible from public streets, except when placed in areas for collection not earlier than sunset of the day preceding the designated day for collection, and all containers and receptacles shall be removed from the place of collection prior to 10:00 p.m. of the day the containers and receptacles have been emptied. (4) Section 9906 of Chapter 99 of the Los Angeles County Building Code is deleted in its entirety. (5) Section 9927 of Chapter 99 of the Los Angeles County Building Code is amended 30 Packet Pg. 149 7.1.a Ord. No. 04 (2019) to read as follows. - The costs involved in the demolition or other work by the Building Official, including in addition to other costs the applicable processing costs as set forth in Resolution 91-54 (fee schedule), shall become a special assessment against the property. Sec. 15.00.1530. Penalties for violation of division. It shall be unlawful for any person, firm, partnership, or corporation to violate any provision, or to fail to comply with any of the requirements, of this division. Any person, firm, partnership, or corporation violating any provision of this division orfailing to comply with the requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding $1,000.00 or by imprisonment not exceeding six months or by both such fine and imprisonment. Each such person, firm, partnership, or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this division or the code adopted hereby is committed, continued or permitted by such person, firm, partnership, or corporation, and shall be deemed punishable therefor as provided in this division. Secs. 15.00.140 — 15.00.300. Reserved. SECTION 10. Title 15 (Building and Construction Safety), Chapter 15.00, Division 7. Uniform Housing Code is hereby deleted in its entirety and replaced to read as follows: DIVISION 7. — HOUSING CODE Sec. 15.00.1110. Uniform Housing Code —Adopted. Sec. 15.00.1120. Amendments to the Uniform Housing Code. Sec. 15.00.1130. Penalties for violation of division. Secs. 15.00.1140 — 15.00.1300. Reserved. Sec. 15.00.1110. Uniform Housing Code —Adopted. Except as amended by Section 15.00.1120, the 1997 Uniform Housing Code, published by the International Conference of Building Officials, is hereby adopted and incorporated herein by reference as though fully set forth in this Division and shall constitute the Housing Code of the City of Diamond Bar. A copy of such Code has been deposited in the office of the City Clerk and shall be, at all times, maintained by the City Clerk for use and examination by the public. In the event of any conflict between the provisions of the 1997 Uniform Housing Code and California Health and Safety Code section 17920.3, the Health and Safety Code provisions shall control. Sec. 15.00.1520. Amendments to the Uniform Housing Code. (1) Chapters 1, 3, and 4 of the Uniform Housing Code are hereby deleted in their entirety. All administrative, permitting, definitions, and related requirements of 31 Packet Pg. 150 Ord. No. 04 (2019) 7.1.a said Chapters 1, 3, and 4 of the Uniform Housing Code shall be governed by Division 2 of this Chapter. Sec. 15.00.1130. Penalties for violation of division. It shall be unlawful for any person, firm, partnership, or corporation to violate any provision, or to fail to comply with any of the requirements, of this division. Any person, firm, partnership, or corporation violating any provision of this division orfailing to comply with their requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding $1,000.00 or by imprisonment not exceeding six months or by both such fine and imprisonment. Each such person, firm, partnership, or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this division or the Codes adopted hereby is committed, continued or permitted by such person, firm, partnership, or corporation, and shall be deemed punishable therefor as provided in this division. SECTION 11. Any inconsistencies between the Building Code, Residential Code, Green Building Code, Electrical Code, Mechanical Code, and Plumbing Code, as adopted by this Ordinance, and the 2018 California Building Code, Residential Code, Green Building Code, Electrical Code, Mechanical Code, and Plumbing Code, as set forth in Parts 2, 2.5, 11, 3, 4, and 5, respectively, of Title 24 of the California Code of Regulations, are changes, modifications, amendments, additions or deletions thereto authorized by California Health and Safety Sections 17958.5 and 17958.7. SECTION 12. To the extent the provisions of this Ordinance are substantially the same as previous provisions of the Diamond Bar Municipal Code, these provisions shall be construed as continuations of those provisions and not as new enactments. SECTION 13. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance or any part hereof or exhibit hereto is for any reason held to be invalid, such invalidity shall not affect the validity of the remaining portions of this Ordinance or any part thereof or exhibit thereto. The City Council of the City of Diamond Bar hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared invalid. SECTION 14. The City Clerk shall certify to the passage and adoption of this Ordinance, causing it to be published as required by law, and it shall be effective thirty days after its adoption. PASSED, APPROVED AND ADOPTED this 3rd day of December 2019. APPROVED AS TO FORM: David DeBerry, City Attorney CITY OF DIAMOND BAR: , Mayor 32 Packet Pg. 151 Ord. No. 04 (2019) 7.1.a ATTEST: I, Kristina Santana, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Diamond Bar held on the 19t" day of November, 2019, and was duly adopted at a regular meeting of the City Council of the City of Diamond Bar held on the 3rd day of December 2019, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Kristina Santana, City Clerk 33 Packet Pg. 152 D.1 AUTHORITY Agenda #: D.1 Meeting Date: December 3, 2019 AGENDA REPORT TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager TITLE: APPROVAL OF PUBLIC FINANCING AUTHORITY MEETING MINUTES. STRATEGIC GOAL: Open, Engaged & Responsive Government RECOMMENDATION: Approve the December 4, 2018 meeting minutes. FINANCIAL IMPACT: None. BACKGROUND/DISCUSSION: The minutes of the Annual Public Financing Authority meeting of December 4, 2018 have been prepared and are being presented for approval. PREPARED BY: ristiN antana, Urty Clerk 12/3/2019 REVIEWED BY: Attachments: 1. D.1.a Public Financing Authority Minutes of December 4, 2018 Packet Pg. 153 D.1.a CITY OF DIAMOND BAR MINUTES OF THE PUBLIC FINANCING AUTHORITY ANNUAL MEETING DECEMBER 4, 2018 1. CALL TO ORDER: Chairman Tye called the meeting to order at 7:55 p.m. in the South Coast Air Quality Management District/Government Center Auditorium, 21865 Copley Dr., Diamond Bar, CA. ROLL CALL: Authority Members Chou, Herrera, Low, VC/Lyons and Chair/Tye Staff Present: Dan Fox, Executive Director; Dave DeBerry, City Attorney; Ryan McLean, Assistant City Manager; David Liu, Public Works Director; Greg Gubman, Community Development Director; Ryan Wright, Parks and Recreation Director; Anthony Santos, Assistant to the City Manager; Kimberly Young, Senior Civil Engineer; Ken Desforges, IS Manager; Amy Haug, Human Resources and Risk Management; and, Tommye Cribbins, Authority Secretary. 2. PUBLIC COMMENTS: None 3. CONSENT CALENDAR: AM/Herrera moved, AM/Low seconded, to approve the Consent Calendar as presented. Motion carried by the following Roll Call vote: AYES: AUTHORITY MEMBERS: Chou, Herrera, Low, VC/Lyons, Chair/Tye NOES: AUTHORITY MEMBERS: None ABSENT: AUTHORITY MEMBERS: None 3.1 PUBLIC FINANCING AUTHORITY MINUTES — Annual Meeting of December 5, 2017 — Approved as submitted. 3.2 APPROVED PUBLIC FINANCING TREASURER'S STATEMENT for October 2018. 4. PUBLIC FINANCING AUTHORITY REORGANIZATION: 4.1 SELECTION OF CHAIR: AM/Low nominated Chair/Tye to continue serving as Chair. The nomination was seconded by C/Lyons. There were no other nominations offered. By acclamation, Chair/Tye was re-elected Chair of the Public Financing Authority for 2019. 4.2 SELECTION OF VICE CHAIR: AM/Low nominated VC/Lyons to continue serving as Vice Chair of the Public Financing Authority. AM/Herrera seconded the nomination. There were no other nominations offered. By acclamation, VC/Lyons was re- elected Vice Chair for 2019. Packet Pg. 154 D.1.a DECEMBER 4, 2018 PAGE 2 PUBLIC FINANCE AUTHORITY 5. AUTHORITY MEMBER COMMENTS: AM/Herrera acknowledged Chair/Tye has done a stellar job and the Members have faith he can continue doing it. She thanked Chair/Tye for his service. ADJOURN PUBLIC FINANCING AUTHORITY MEETING: With no further business to conduct, Chair/Tye adjourned the Public Financing Authority meeting at 7.59 p.m. back to the Regular City Council meeting. Respectfully submitted, Kristina Santana, Authority Secretary The foregoing minutes are hereby approved this 3rd day of December, 2019. Steve Tye, Chair Packet Pg. 155 D.2 Agenda #: D.2 Meeting Date: December 3, 2019 AUTHORITY/ AGENDA REPORT TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager TITLE: APPROVAL OF PUBLIC FINANCING AUTHORITY TREASURER'S STATEMENT STRATEGIC GOAL: Open, Engaged & Responsive Government RECOMMENDATION: Approve. FINANCIAL IMPACT: No Fiscal Impact. BACKGROUND: In 2002 the City of Diamond Bar, through the Public Financing Authority, issued Variable Rate Lease Revenue Bonds in the principal amount of $13,755,000 for the purpose of building the Diamond Bar Center. On December 1, 2011 the City of Diamond Bar, through the Public Financing Authority, refinanced and converted the remaining principal amount of $11,790,000 to Fixed Rate Lease Revenue Bonds. The interest rates paid to the bondholders range from 3.00% to 5.00% throughout the life of the bond from December 1, 2011 to June 1, 2033. As of October 31, 2019, the remaining principal amount of the bond was $8,775,000. The Public Financing Authority bank account which reflects the principal and interest payment activities is included in this Treasurer's Statement. Although the Public Financing Authority's fund has been incorporated into the City's monthly Treasurer's Statement, a separate Treasurer's Statement has been prepared for review and approval. This statement shows the cash and cash equivalent balance with the fiscal agent. PREPARED BY: Packet Pg. 156 D.2 eff-owAr /�f // Ifflor AAMTRIO12/3/2019 N AV I ATA=1III WIF &riaQ Ar&MLA5V%V fri ann'aoneywell, Finan irector 11/25/2019 Attachments: 1. D.2.a PFA Treasurer's Statement - Nov 1 2018 thru Oct 31 2019 2. D.2.b MUFG Lease Payment Account Statement -Oct 2019 Packet Pg. 157 0 Diamond Bar Public Financing Authority Treasurer's Cash Statement 10/31/19 BEGINNING ENDING BAL @ 11101118 RECEIPTS ," 'DISBURSEMENTS DIVIDEND BAL @ 10131119 PFA - Lease Prepayment Account 200.14 854,657.00 (854,906.26) 495.86 446.74 $200.14 $854,657.00 ($854,906,26) $495.86 $446.74 CASH WITH FISCAL AGENT: US TREASURY Money Market Account $446.74 $446.74 The Authority maintains a US Treasury Sweep Account with the City's Fiscal Agent, MUGG Union Bank of California. Any excess funds are "swept" on a daily basis from the Authority's bank accounts and are invested overnight in a pool of US Treasury Notes. MUFG Union Bank Money Mkt - Effective Yield - October 2019 1.66% All investments are placed in accordance with the City of Diamond Bar's Investment Policy. Danie`r�, Treasure 11/25/2019 Date I Packet Pg. 158 1 CITY OFDIAMOND BAR PUBLIC FINANCIAL AUTHORITY Fixed Rate Conversion ofLease Revenue Bonds, 2OO2Series A-$11.78O.UOO (Transaction Summary for FY2O18-1s) Union Bank o[California ' Lease Payment Account T/vot#:8711sy93V1 (GvL : 370'10402) . Debt Svc rymt Services Transfer -in oa|ofBond Date DividendPrincipal& Int Fees & Others Proceedwxp Agt 07/31/19 83,04 444.50 0801/19 0.33 445.43 09/30/19 0.66 446.09 10/31/19 0.65 **6.74 Total ------- ���� - 446.74 852 Outstanding bond uaL 12M/2011 11.790000,00 01/202 (320,000.00 8U/2013 (335080.00 5/1/2014 (350.000.0) 8/1/2015 (365.000.00) 6/112016 (385.000o0) 6/112017 (400.000.00) 0/1/2018 (420.000D0) Total Cash w/Fiscal Agt: Packet 159 C* MUFG CORPORATE TRUST DEPARTMENT 445 SOUTH FIGUEROA STREET, SUITE 401 LOS ANGELES, CA 90071 DIAMOND BAR PUBLIC FINANCING AUTH ATTN: EXECUTIVE DIRECTOR 21825 E. COPLEY DRIVE ' DIAMOND BAR, CA 91765 Contents 1-0 Overview of Total Account Value Principal Portfolio Summary Cash Transactions Summary Asset Detail Transaction Detail Principal Portfolio Summary LNMarket Percentage Current Description Value ofportfolfo yield Cash & Cash Equivalents 446.74 100.00°% Total Principal Portfolio $446.74 100.00% IA% Cash Transactions Summary LM Principal Cash Receipts Dividend 0,65 Total Receipts W65 Account Statement LN Statement Period October 1, 2019 through October 31, 2019 ® Account Number 6711699301 , ■ Account Name CITY OF DIAMOND BAR PUBLIC FINANCING AUTHORITY LEASE REVENUE BONDS, 2002 SERIES tCOMMUNITY/SENI'OR CENTER PROJECT) LEASE PAYMENT ACCOUNT N AccountAdministrator KIMBERLYVANN 213-236-5922 ® Online Access unionbank.com/trustand custody Cash Transactions Summary (continued) Disbursements Purchases Total Disbursements Total Net Transactions 6711699301 CITY OF DIAMOND BAR PUBLIC Principal Cash (ufi) ($0.65) $0.00 Page 1 of2 Packet Pg. 160 063 MUFG ® AccountNumber 6711699301 ® Account Name DIAMOND BAR 02- LEASE PMT ACCT Asset Detail - Principal Portfolio LM Cash & Cash Equivalents Account Statement LE Statement Period October 1, 2019 through October 31, 2019 Asset Shares( Price( Percentage Current Asset Name Identifier units Hold Cost Basis 1Narkettlatue Date Priced of Portfolio Yield Money Market Funds. BLACKROCK INSTITUTIONAL FUNDS 09240U718 446.7400 446.74 446.74 1.0000 100.00% 1.66% T-FUND INSTITUTIONAL SHARES 10/31/2019 CASH MANAGEMENT SWEEPS 09240U718 Total Cash & Cash Equivalents 446.7400 $446,74 $44614 100.00% 1.66% Total Principal Portfolio 4463400 Total Account Values 446.7400 Transaction Detail Date Description Beginning Balance 10/01/19 PURCHASED 0.65 UNITS OF BLACKROCKT-FUND MMKTINSTL #60 TRADE DATE 10/01/19 10/01/19 CASH RECEIPT OF DIVIDEND EARNED ON BLACKROCKT-FUND MMKTINSTL #60 DIVIDEND FROM 9l1119 TO 9/30/19 Net Activity Ending Balance $446.74 $446.74 100.00% 1As% $446.74 $446.74 100.00% 1.66% Asset Identifier Principe/Cash Cost Basis $0.00 $446.09 09240U71S (0.65) 0.65 0924BU71S 0.65 $0.00 $OB5 $0.00 $44634 171111/311 CITY OF DIAMOND BAR PUBLIC v Pare2of2 ci;;,> Packet Pg. 161