HomeMy WebLinkAbout2021.07.20 Agenda Packet - Regular MeetingCity Council Agenda
Tuesday, July 20, 2021
Closed Session 6:00 PM
Regular Meeting 6:30 PM
Diamond Bar City Hall – Windmill Community Room
21810 Copley Drive, Diamond Bar, CA 91765
PUBLIC ADVISORY:
Consistent with the Governor’s Executive Order, members of the public are encouraged to
participate and address the City Council during the public comment portion of the meeting via
teleconference.
Members of the City Council and limited staff may be physically present for this meeting. If you
would like to attend the meeting in person, please note that face coverings are required to be worn
at all times.
How to Observe the Meeting From Home:
Members of the public can observe the meeting by calling +1 (562) 247-8422, Access Code: 696-729-979
or visiting https://attendee.gotowebinar.com/register/4914578798470563596.
How to Submit Public Comment:
Members of the public may provide public comment by sending written comments to the City Clerk by
email at cityclerk@DiamondBarCA.gov by 5:00 p.m. on the day of the meeting. Please indicate in the
Subject Line “FOR PUBLIC COMMENT.” Written comments will be distributed to the Council Members
and noted for the record at the meeting.
Alternatively, public comment may be submitted by logging onto the meeting through this link:
https://attendee.gotowebinar.com/register/4914578798470563596. Members of the public will be
called upon one at a time during the Public Comment portion of the agenda. Speakers are limited to five
minutes per agenda item, unless the Mayor determines otherwise.
American Disability Act Accommodations:
Pursuant to the Executive Order, and in compliance with the Americans with Disabilities Act, if you need
special assistance to participate in the Council Meeting, please contact the City Clerk’s Office (909) 839-
7010 within 72 hours of the meeting. City Council video recordings with transcription will be available
upon request the day following the Council Meeting.
The City of Diamond Bar thanks you in advance for taking all precautions to prevent
spreading the COVID-19 virus.
ANDREW CHOU
Council Member
STAN LIU
Council Member
STEVE TYE
Council Member
NANCY A. LYONS
Mayor
RUTH M. LOW
Mayor Pro Tem
City Manager Dan Fox • City Attorney David DeBerry • City Clerk Kristina Santana
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 on Spectrum Cable Channel 3 and Frontier FiOS television Channel 47. You are in vited
to attend and participate. Copies of staff reports or other written documentation relating to agenda
items are on file and available for public inspection by contacting the Office of the City Clerk. 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.
PUBLIC INPUT
Members of the public may address the Council on any item of busi ness 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. 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 meeting.
INFORMATION RELATING TO AGENDAS AND ACTIONS OF THE COUNCIL
Agendas for regular City Council meetings are available 72 hours prior to the m eeting and are
posted in the City’s regular posting locations, on DBTV Channel 3, Spectrum Cable Channel 3,
Frontier FiOS television Channel 47 and on the City’s website at www.diamondbarca.gov. The City
Council may take action on any item listed on the agenda.
HELPFUL PHONE NUMBERS
Copies of agendas, rules of the Council, Video of meetings: (909) 839-7010
Computer access to agendas: www.diamondbarca.gov
General information: (909) 839-7000
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.
THIS MEETING IS BEING VIDEO RECORDED AND BY PARTICIPATING VIA
TELECONFERENCE, 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 IS ALSO AVAILABLE FOR
LIVE VIEWING AT
HTTPS://ATTENDEE.GOTOWEBINAR.COM/REGISTER/4914578798470563596 AND
ARCHIVED VIEWING ON THE CITY’S WEB SITE AT WWW.DIAMONDBARCA.GOV.
CITY OF DIAMOND BAR
CITY COUNCIL AGENDA
July 20, 2021
CLOSED SESSION 6:00 p.m., Windmill Room
Public Comments on Closed Session
Government Code Section 54957
Public Employee – City Manager
Performance Evaluation
CALL TO ORDER: 6:30 p.m.
PLEDGE OF ALLEGIANCE: Mayor
ROLL CALL: Chou, Liu, Tye, Mayor Pro Tem Low,
Mayor Lyons
APPROVAL OF AGENDA: Mayor
1. CITY MANAGER REPORTS AND RECOMMENDATIONS:
2. 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, members of the City Council
or Staff may briefly respond to public comments if necessary, but no extended
discussion and no action on such matters may take place. There is a five -minute
maximum time limit when addressing the City Council. Please complete a
Speaker Card and hand it to the City Manager (completion of this form is
JULY 20, 2021 PAGE 2
voluntary). The City will call on in person speakers first and then teleconference
callers, one at a time to give their name and if there is an agenda item number
they wish to speak on before providing their comment. If you wish to speak on a
public hearing item or council consideration item, you will be called upon to
speak at that point in the agenda.
3. 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.
3.1 CITY COUNCIL MINUTES OF THE JULY 6, 2021 REGULAR MEETING.
3.1.a July 6, 2021 City Council Minutes
Recommended Action:
Approve the July 6, 2021 Regular City Council meeting minutes.
Requested by: City Clerk
3.2 RATIFICATION OF CHECK REGISTER DATED JULY 1, 2021
THROUGH JULY 14, 2021 TOTALING $2,183,499.58.
Recommended Action:
Ratify the Check Register.
Requested by: Finance Department
3.3 ORDINANCE NO. 01 (2021) AN ORDINANCE OF THE CITY OF
DIAMOND BAR, CALIFORNIA, AMENDING SECTIONS 22.08.040
(RESIDENTIAL ZONING DISTRICT GENERAL DEVELOPMENT
STANDARDS), 22.42.110 (RESIDENTIAL ACCESSORY USES AND
STRUCTURES), AND 22.42.120 (ACCESSORY DWELLING UNITS) OF
TITLE 22 (DEVELOPMENT CODE) OF THE DIAMOND BAR MUNICIPAL
CODE TO ENACT UPDATED REGULATIONS PERTAINING TO
ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY
DWELLING UNITS IN ACCORDANCE WITH STATE LAW.
Recommended Action:
Approve for second reading by title only, waive full reading, and adopt
Ordinance No. 01 (2021) (Accessory Dwelling Unit and Junior Accessory
Dwelling Unit Ordinance).
Requested by: Community Development Department
JULY 20, 2021 PAGE 3
3.4 CONSULTING SERVICES AGREEMENT WITH TAIT AND
ASSOCIATES, INC. FOR THE DESIGN OF THE GROUNDWATER
DRAINAGE IMPROVEMENTS PROJECT- PHASE 3 (CIP NO. PW22400)
Recommended Action:
Approve, and authorize the Mayor to sign, the Consulting Services
Agreement with Tait and Associates, Inc., in the amount of $69,010, plus a
contingency amount of $6,900 for a total authorization amount of $75,910.
Requested by: Public Works Department
3.5 PURCHASE ORDER WITH DIRECT CONNECTION FOR PRINTING
AND MAILING SERVICES FOR THE CITY NEWSLETTER AND
RECREATION BROCHURE THROUGH JUNE 30, 2022.
Recommended Action:
Approve, and authorize the City Manager to sign, a Purchase Order with
Direct Connection in a not-to-exceed amount of $49,979.
Requested by: City Manager
4. PUBLIC HEARINGS: NONE.
5. COUNCIL CONSIDERATION: NONE.
6. COUNCIL SUB-COMMITTEE REPORTS AND MEETING ATTENDANCE
REPORTS/COUNCIL MEMBER COMMENTS:
7. ADJOURNMENT:
Agenda #: 3.1
Meeting Date: July 20, 2021
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: CITY COUNCIL MINUTES OF THE JULY 6, 2021 REGULAR
MEETING.
STRATEGIC
GOAL:
Open, Engaged & Responsive Government
RECOMMENDATION:
Approve the July 6, 2021 Regular City Council meeting minutes.
FINANCIAL IMPACT:
None.
BACKGROUND/DISCUSSION:
Minutes have been prepared and are being presented for approval.
PREPARED BY:
REVIEWED BY:
3.1
Packet Pg. 6
Attachments:
1. 3.1.a July 6, 2021 City Council Minutes
3.1
Packet Pg. 7
CITY OF DIAMOND BAR
MINUTES OF THE CITY COUNCIL
REGULAR MEETING
DIAMOND BAR CITY HALL WINDMILL COMMUNITY ROOM
21810 COPLEY DRIVE, DIAMOND BAR, CA 91765
JULY 6, 2021
M/Lyons stated that consistent with COVID-19 regulations, members of the public were
encouraged to participate and address the City Council during the public comment
portion of the meeting via teleconference. Members of the City Council and limited staff
were physically present for the meeting and public seating was limited to a first-come,
first-serve basis.
CALL TO ORDER: Mayor Lyons called the Regular City Council meeting
to order at 6:30 p.m.
PLEDGE OF ALLEGIANCE: Council Member Chou led the Pledge of Allegiance.
ROLL CALL: Council Members Andrew Chou, Stan Liu, Steve Tye,
Mayor Pro Tem Ruth Low, Mayor Nancy Lyons
Staff in Attendance: Dan Fox, City Manager; Ryan McLean, Assistant City
Manager; Anthony Santos, Assistant to the City Manager; Greg Gubman, Community
Development Director; Mayuko Nakajima, Associate Planner; Hal Ghafa ri, Public Works
Manager/Assistant City Engineer; Kristina Santana, City Clerk
Staff present telephonically: Dave DeBerry, City Attorney; Ryan Wright, Parks and
Recreation Director; David Liu, Public Works Director; Fabian Aoun, Assistant Engineer;
Brent Mason, Interim Director of Finance; Amy Haug, Human Resources and Risk
Manager; Ken Desforges, Director of Information Services; Grace Lee, Senior Planner;
Cecilia Arellano, Public Information Coordinator; Marsha Roa, Public Information
Manager; Dannette Allen, Senior Management Analyst
Also in Attendance: Diamond Bar/Walnut Station Captain Stephen Tousey, LA
County Sheriff’s Department.
APPROVAL OF AGENDA: CM/Fox recommended that Item 4.2 be split to
consider discussion and action on Landscape Assessment Districts Nos. 38 and 39
separately.
1. CITY MANAGER REPORTS AND RECOMMENDATIONS: None
2. PUBLIC COMMENTS:
Therina Lin asked M/Lyons to refrain from including her official title of Mayor to
promote the election of an individual running for office in her homeowners
association.
Jeff Lowe asked for the Council’s support in building a playhouse theater in
the downtown area of the City.
3.1.a
Packet Pg. 8
JULY 6, 2021 PAGE 2 CITY COUNCIL
Pui-Ching Ho announced upcoming programs and activities at the
Diamond Bar Library.
CC/Santana announced that Annie Verdries and Jeff Lowe submitted
public comments via email and those comments were forwarded to the
City Council prior to the meeting.
3. CONSENT CALENDAR: MPT/Low moved, C/Liu seconded, to approve the
Consent Calendar as presented. Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS: Chou, Liu, Tye, MPT/Low, M/Lyons
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
3.1 APPROVED CITY COUNCIL MINUTES:
3.1a JUNE 15, 2021 REGULAR MEETING.
3.2 RATIFIED CHECK REGISTER DATED JUNE 3, 2021 THROUGH JUNE
30, 2021 TOTALING $1,465,342.02.
3.3 APPROVED TREASURER’S STATEMENT FOR THE MONTH OF APRIL
2021.
3.4 APPROVED AND AUTHORIZED THE MAYOR TO SIGN, THE
CONSULTING SERVICES AGREEMENT WITH DIANA CHO AND
ASSOCIATES FOR THE CITY’S COMMUNITY DEVELOPMENT BLOCK
GRANT (CDBG) PROGRAM ADMINISTRATION SERVICES THROUGH
JUNE 30, 2026.
3.5 APPROVED, AND AUTHORIZED THE MAYOR TO SIGN, THE SECOND
AMENDMENT TO THE CONSULTANT SERVICES AGREEMENT WITH
RAYCOM DATA TECHNOLOGIES, INC. FOR DOCUMENT IMAGING
SERVICES THROUGH JUNE 30, 2022.
3.6 ADOPTED RESOLUTION NO. 2021-32 EXTENDING THE DECLARED
LOCAL EMERGENCY REGARDING NOVEL CORONAVIRUS (COVID-
19).
3.7 APPROVED, AND AUTHORIZED THE MAYOR TO SIGN, THE THIRD
AMENDMENT TO CONSULTANT SERVICES AGREEMENT WITH
SIMPSON ADVERTISING INC. FOR SPECIALTY GRAPHIC DESIGN
SERVICES THROUGH JUNE 30, 2022.
3.8 APPROVED, AND AUTHORIZED, THE MAYOR TO SIGN, THE
SECOND AMENDMENT TO THE MAINTENANCE SERVICES
AGREEMENT WITH BEST LIGHTING PRODUCTS, INC. FOR LIGHTING
INSPECTIONS AND MAINTENANCE THROUGH JUNE 30, 2022.
3.1.a
Packet Pg. 9
JULY 6, 2021 PAGE 3 CITY COUNCIL
4. PUBLIC HEARINGS:
4.1 FORMATION OF NEW LANDSCAPING ASSESSMENT DISTRICT NO.
41-2021.
C/Liu who lives in the district, recused himself from Item 4.1 and left the
meeting.
PWM/Ghafari presented the staff report.
M/Lyons opened the Public Hearing.
Alex Stewart thanked Council and staff for their support as well as, board
members of the four HOA’s who offered their time and effort to educate
and find support from homeowners for the proposition.
M/Lyons called for all ballots to be submitted.
After some Council discussion, and a last call for ballots, MPT/Low made
a motion, seconded by C/Chou to close the Public Hearing. Motion carried
4-0 by the following Roll Call vote:
AYES: COUNCIL MEMBERS: Chou, Tye, MPT/Low,
M/Lyons
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Liu
M/Lyons declared the Public Hearing closed at 7:01 p.m. and on behalf of
the City Council, directed CC/Santana to begin tabulation of the ballots.
C/Liu returned to the dais at 7:02 p.m.
M/Lyons moved forward with the meeting agenda as presented.
Upon conclusion of ballot tabulation, M/Lyons reopened the Public
Hearing for Item 4.1 at 9:11 p.m.
C/Liu again recused himself and left the meeting.
CC/Santana recounted the results of the ballot proceedings as follows:
Section 2 of Resolution 2021-33 reads: The canvas of the assessment
ballots submitted by the property owners is complete and certified by the
tabulator and the votes are cast as follows:
Total Number of Ballot Processed: 318
Total Assessment of Amount of Valid Ballots: $165,423.96
Total Number of “YES” votes processed: 279
3.1.a
Packet Pg. 10
JULY 6, 2021 PAGE 4 CITY COUNCIL
Total Assessment Amount of “YES” votes processed: $144,835.26
Percentage of “YES” votes unweighted: 86.65%
Total Percentage of “YES” ballots weighted: 87.55%
Total Number of “NO” votes processed: 39
Total Assessment of amount of “NO” votes processed: $20,588.70
Percentage of “NO” votes unweighted: 12.11%
Total Percentage of “NO” ballots weighted: 12.45%
Total Number of Invalid Votes Processed: 4
Total Assessment Amount of Invalid Votes Processed: $2,016.86
Section 3: 322 Assessment Ballots were returned and received prior to
the close of the Public Hearing on July 6, 2021. This represents a 58.9%
ballot return rate of the 547 ballots mailed. Of the Assessment Ballots
returned, 4 Assessment Ballots were declared invalid in that they were
either not marked with a “YES” or a “NO”, were marked with both a “YES”
and a “NO”, were not signed, or the property ownership and barcode
information was illegible.
Section 4: As determined by ballots cast, as weighted according to the
amount of Assessment for each parcel, 87.55 percent of the property
owners cast ballots in support of Landscape Assessment District No. 41 -
2021. Since the majority protest as defined by Article 13d of the California
Constitution did not exist, this City Council thereby acquired jurisdiction to
order the levy of assessment prepared by hand as part of the Engineer’s
Report, to pay the costs and expenses thereof.
Following disclosure of ballot results, C/Tye moved, C/Chou seconded, to
Adopt Resolution 2021-33 (FORMATION) approving the Engineer’s
Report, confirming Diagram and Assessment, and Ordering Levy of the
Landscape District No. 41-2021 Assessment for Fiscal Year 2021-22;
and, Certifying the election results as indicated by CC/Santana. Motion
carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS: Chou, Tye, MPT/Low, M/Lyons
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Liu
C/Chou moved, MPT/Low seconded, to adopt Resolution No. 2021 -34
amending Fiscal Year 2021-22 Operating Budget to include the
Landscape Assessment District No. 41-2021 Budget (Fund 641) for Fiscal
Year 2021-22 as provided in the Engineer’s Report. Motion carried by the
following Roll Call vote:
AYES: COUNCIL MEMBERS: Chou, Tye, MPT/Low, M/Lyons
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Liu
3.1.a
Packet Pg. 11
JULY 6, 2021 PAGE 5 CITY COUNCIL
4.2 RESOLUTIONS LEVYING ASSESSMENTS ON LANDSCAPE
ASSESSMENT DISTRICT NOS. 38 AND 39 FOR FISCAL YEAR 2021-
22.
4.2a RESOLUTION LEVYING ASSESSMENT ON LANDSCAPE
ASSESSMENT DISTRICT NO. 38 FOR FISCAL YEAR 2021-22.
PWM/Ghafari presented the staff report.
M/Lyons opened the Public Hearing.
There being no one present in person or telephonically who wished
to speak on this item, M/Lyons closed the Public Hearing.
C/Chou moved, MPT/Low seconded, to Adopt Resolution No.
2021-35 (LLAD No. 38) to levy and collect assessments for
Landscape Assessment District No. 38 for Fiscal Year 2021 -22.
Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS: Chou, Liu, Tye, MPT/Low,
M/Lyons
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
4.2b RESOLUTION LEVYING ASSESSMENTS ON LANDSCAPE
ASSESSMENT DISTRICT NO. 39 FOR FISCAL YEAR 2021-22.
MPT/Low and C/Chou recused themselves from item 4.2b and left
the meeting.
PWM/Ghafari presented the staff report.
M/Lyons opened the Public Hearing.
With no one present in person or telephonically who wished to
speak on this item, M/Lyons closed the Public Hearing.
C/Liu moved, C/Tye seconded, to Adopt Resolution No. 2021-36
(LLAD No. 39) to levy and collect assessments for Landscape
Assessment District No. 39 for Fiscal Year 2021-22. Motion carried
by the following Roll Call vote:
AYES: COUNCIL MEMBERS: Liu, Tye, M/Lyons
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Chou, MPT/Low
MPT/Low and C/Chou returned to the dais.
3.1.a
Packet Pg. 12
JULY 6, 2021 PAGE 6 CITY COUNCIL
4.3 INTRODUCTION OF ORDINANCE NO. 01(2021) AMENDING
SECTIONS 22.08.040 (RESIDENTIAL ZONING DISTRICT GENERAL
DEVELOPMENT STANDARDS), 22.42.110 (RESIDENTIAL
ACCESSORY USES AND STRUCTURES), AND 22.42.120
(ACCESSORY DWELLING UNITS) OF TITLE 22 OF THE DIAMOND
BAR MUNICIPAL CODE PERTAINING TO ACCESSORY DWELLING
UNITS AND JUNIOR ACCESSORY DWELLING UNITS IN
ACCORDANCE WITH STATE LAW.
AP/Nakajima presented the staff report.
M/Lyons opened the Public Hearing.
With no one present in person or telephonically who wished to speak on
this matter, M/Lyons closed the Public Hearing.
C/Chou asked the difference between and ADU and Junior ADU.
AP/Nakajima responded that a Junior ADU is created by converting an
existing space (a bedroom or garage) and can share access to the main
house and restroom facilities. An ADU is completely separate from and
with no direct access to the main dwelling unit.
AP/Nakajima and CDD/Gubman explained to Council that a total of three
units (ADU, Junior ADU and main dwelling) would be allowed on property
that is owner occupied. If an ADU and main dwelling only is proposed
there is no owner occupancy requirement. If the property owner moves
out where there is an ADU and Junior ADU, approval for the Junior ADU is
revoked. A covenant would be recorded on the property at the time the
permit is issued for an ADU and/or Junior ADU and because there is no
enforcement staff, the City would depend on receiving a complaint and
collection of evidence for enforcement of the covenant, which would pass
to a new owner.
C/Tye spoke in opposition to the ordinance and the loss of local control as
a result of state legislation and asked that tonight’s record reflect the
Planning Commission’s lack of unanimous approval (4-1).
CM/Fox and CA/DeBerry spoke to the issue of enforced legislation that
will affect local control on the production of housing.
M/Lyons asked how many ADU’s are in Diamond Bar and AP/Nakajima
responded that since 2017 there have been 50 applications, most of which
were approved and completed.
C/Chou moved, C/Liu seconded, to Introduce first reading by title only,
waive full reading of Ordinance 01(2021) and schedule for second reading
and adoption at the July 20, 2021 City Council meeting. Motion carried by
the following Roll Call vote:
3.1.a
Packet Pg. 13
JULY 6, 2021 PAGE 7 CITY COUNCIL
AYES: COUNCIL MEMBERS: Chou, Liu, MPT/Low,
M/Lyons
NOES: COUNCIL MEMBERS: Tye
ABSENT: COUNCIL MEMBERS: None
5 ADJOURN: M/Lyons adjourned the City Council meeting to the Public
Financing Authority at 8:02 p.m.
RECONVENE: M/Lyons reconvened the City Council meeting at 8:06 p.m.
6. COUNCIL SUBCOMMITTEE REPORTS AND MEETING ATTENDANCE
REPORTS/COUNCIL MEMBER COMMENTS:
C/Chou wished everyone a happy belated July 4th, congratulated Mochinut Donut
Shop and Kamis Sushi on their grand openings, and invited everyone to attend
the first 2021 Concerts in the Park event on Wednesday evening.
C/Liu thanked staff for the ADU presentation, thanked the community for keeping
the July 4th celebration safe, congratulated Diamond Bar Girls Softball for making
it to the state tournament, coaches for practicing positive coaching, and Parks
and Rec for working with the softball leagues. Enjoy a safe summer with family
and friends.
C/Tye congratulated the Diamond Bar Girls Softball and their representation of
Diamond Bar at the state tournament, and congratulated Christian and Jeannette
Fuentes on their new location of ReMax top producers and thanked them for
choosing Diamond Bar.
MPT/Low thanked the City’s partners and Congresswoman Young Kim for their
part in securing an infrastructure grant award of $30 million for the SR57/60
Confluence Project and was excited to welcome back the Concerts in the Park
series and Movies under the Stars on July 28th and August 24th. She thanked the
Parks and Rec department and congratulated Diamond Bar Girls Softball , and
announced that the Diamond Bar Friends of the Library would hold their giant
book and purse sale on July 11th.
M/Lyons encourage everyone to help the Diamond Bar Library by purchasing
books and purses at the Friends of the Library sale, complimented PWM/Ghafari
on his presentations, and wished the ReMax Top Producers success at their new
location. She learned that the City of Laverne was able to get several beds in the
Pomona Homeless Shelter and asked CM/Fox to look into getting a couple of
beds dedicated for Diamond Bar homele ss. As newly elected chair of the
Construction Committee she will be afforded more visibility for the SR57/60
chokepoint and thanked Congresswoman Young Kim for submitting the $30
million request for the infrastructure grant. Enjoy Concerts in the Park a nd go,
girls’ softball!
RECESS: M/Lyons recessed the City Council meeting at 8:14 p.m.
3.1.a
Packet Pg. 14
JULY 6, 2021 PAGE 8 CITY COUNCIL
RECONVENE: M/Lyons reconvened the meeting at 9:11 p.m. to Item 4.1
Continued Public Hearing.
ADJOURNMENT: With no further business to conduct, M/Lyons adjourned the
Regular City Council Meeting at 9:17 p.m.
Respectfully submitted:
__________________________
Kristina Santana, City Clerk
The foregoing minutes are hereby approved this 20th day of July, 2021.
__________________________
Nancy Lyons, Mayor
3.1.a
Packet Pg. 15
Agenda #: 3.2
Meeting Date: July 20, 2021
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: RATIFICATION OF CHECK REGISTER DATED JULY 1, 2021
THROUGH JULY 14, 2021 TOTALING $2,183,499.58.
STRATEGIC
GOAL:
Responsible Stewardship of Public Resources
RECOMMENDATION:
Ratify the Check Register.
FINANCIAL IMPACT:
Expenditure of $2,183,499.58.
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 July 1, 2021 through July 14, 2021
totaling $2,183,499.58 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:
3.2
Packet Pg. 16
REVIEWED BY:
Attachments:
1. 3.2.a Check Register Affidavit 7-20-2021
2. 3.2.b Check Register 7-20-2021
3.2
Packet Pg. 17
3.2.a
Packet Pg. 18
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
3010 7/12/2021 PERS HEALTH HEALTH INSURANCE PREMIUM JULY 2021 100220 50062 $136.30
7/12/2021 PERS HEALTH HEALTH INSURANCE PREMIUM JULY 2021 239 21106 $216.19
7/12/2021 PERS HEALTH HEALTH INSURANCE PREMIUM JULY 2021 106 21106 $230.21
7/12/2021 PERS HEALTH HEALTH INSURANCE PREMIUM JULY 2021 238 21106 $347.07
7/12/2021 PERS HEALTH HEALTH INSURANCE PREMIUM JULY 2021 201 21106 $397.20
7/12/2021 PERS HEALTH HEALTH INSURANCE PREMIUM JULY 2021 206 21106 $748.96
7/12/2021 PERS HEALTH HEALTH INSURANCE PREMIUM JULY 2021 250 21106 $828.44
7/12/2021 PERS HEALTH HEALTH INSURANCE PREMIUM JULY 2021 207 21106 $1,134.03
7/12/2021 PERS HEALTH HEALTH INSURANCE PREMIUM JULY 2021 105220 50048 $1,287.00
7/12/2021 PERS HEALTH HEALTH INSURANCE PREMIUM JULY 2021 100 10000 $8,291.64
7/12/2021 PERS HEALTH HEALTH INSURANCE PREMIUM JULY 2021 100 21106 $39,686.71
CHECK TOTAL $53,303.75
3011 7/13/2021 TASC FLEX SPENDING MEDICAL/CHILDCARE
07/09/2021
238 21118 $10.10
7/13/2021 TASC FLEX SPENDING MEDICAL/CHILDCARE
07/09/2021
239 21118 $10.10
7/13/2021 TASC FLEX SPENDING MEDICAL/CHILDCARE
07/09/2021
207 21118 $18.94
7/13/2021 TASC FLEX SPENDING MEDICAL/CHILDCARE
07/09/2021
250 21118 $27.97
7/13/2021 TASC FLEX SPENDING MEDICAL/CHILDCARE
07/09/2021
206 21118 $76.04
7/13/2021 TASC FLEX SPENDING MEDICAL/CHILDCARE
07/09/2021
100 21118 $1,149.13
CHECK TOTAL $1,292.28
3012 7/13/2021 VANTAGEPOINT TRNSFR AGNTS-
303248
DEF COMP CONTRIBUTIONS/LOAN
PYMTS 07/09/2021
106 21109 $8.57
7/13/2021 VANTAGEPOINT TRNSFR AGNTS-
303248
DEF COMP CONTRIBUTIONS/LOAN
PYMTS 07/09/2021
239 21109 $159.66
7/13/2021 VANTAGEPOINT TRNSFR AGNTS-
303248
DEF COMP CONTRIBUTIONS/LOAN
PYMTS 07/09/2021
238 21109 $259.81
3.2.b
Packet Pg. 19
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
7/13/2021 VANTAGEPOINT TRNSFR AGNTS-
303248
DEF COMP CONTRIBUTIONS/LOAN
PYMTS 07/09/2021
201 21109 $575.67
7/13/2021 VANTAGEPOINT TRNSFR AGNTS-
303248
DEF COMP CONTRIBUTIONS/LOAN
PYMTS 07/09/2021
207 21109 $697.28
7/13/2021 VANTAGEPOINT TRNSFR AGNTS-
303248
DEF COMP CONTRIBUTIONS/LOAN
PYMTS 07/09/2021
250 21109 $1,457.55
7/13/2021 VANTAGEPOINT TRNSFR AGNTS-
303248
DEF COMP CONTRIBUTIONS/LOAN
PYMTS 07/09/2021
206 21109 $2,296.09
7/13/2021 VANTAGEPOINT TRNSFR AGNTS-
303248
DEF COMP CONTRIBUTIONS/LOAN
PYMTS 07/09/2021
100 21109 $45,358.79
CHECK TOTAL $50,813.42
3013 7/13/2021 CALPERS PENSION CONTRIBUTION 06/19/2021-
07/02/2021
106 21110 $54.22
7/13/2021 CALPERS PENSION CONTRIBUTION 06/19/2021-
07/02/2021
239 21110 $139.28
7/13/2021 CALPERS PENSION CONTRIBUTION 06/19/2021-
07/02/2021
238 21110 $213.99
7/13/2021 CALPERS PENSION CONTRIBUTION 06/19/2021-
07/02/2021
201 21110 $386.54
7/13/2021 CALPERS PENSION CONTRIBUTION 06/19/2021-
07/02/2021
207 21110 $802.67
7/13/2021 CALPERS PENSION CONTRIBUTION 06/19/2021-
07/02/2021
250 21110 $1,020.96
7/13/2021 CALPERS PENSION CONTRIBUTION 06/19/2021-
07/02/2021
206 21110 $1,096.79
7/13/2021 CALPERS PENSION CONTRIBUTION 06/19/2021-
07/02/2021
100 21110 $30,750.35
CHECK TOTAL $34,464.80
3014 7/13/2021 CALPERS 1959 SURVIVOR BENEFIT 4TH LEVEL FY
20/21 CLASSIC
100 21110 $2,782.00
CHECK TOTAL $2,782.00
3015 7/13/2021 CALPERS 1959 SURVIVOR BENEFIT 4TH LEVEL
PEPRA FY 20/21
100 21110 $1,092.00
CHECK TOTAL $1,092.00
3016 7/13/2021 CALPERS UAL ANNUAL PREPAYMENT FY 21/22
CLASSIC
239639 50042 $1,593.10
7/13/2021 CALPERS UAL ANNUAL PREPAYMENT FY 21/22
CLASSIC
241641 50042 $1,593.13
3.2.b
Packet Pg. 20
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
7/13/2021 CALPERS UAL ANNUAL PREPAYMENT FY 21/22
CLASSIC
100110 50042 $1,795.08
7/13/2021 CALPERS UAL ANNUAL PREPAYMENT FY 21/22
CLASSIC
238638 50042 $2,721.83
7/13/2021 CALPERS UAL ANNUAL PREPAYMENT FY 21/22
CLASSIC
201610 50042 $3,922.06
7/13/2021 CALPERS UAL ANNUAL PREPAYMENT FY 21/22
CLASSIC
100430 50042 $5,214.77
7/13/2021 CALPERS UAL ANNUAL PREPAYMENT FY 21/22
CLASSIC
100620 50042 $7,209.43
7/13/2021 CALPERS UAL ANNUAL PREPAYMENT FY 21/22
CLASSIC
207650 50042 $7,773.33
7/13/2021 CALPERS UAL ANNUAL PREPAYMENT FY 21/22
CLASSIC
206650 50042 $10,129.64
7/13/2021 CALPERS UAL ANNUAL PREPAYMENT FY 21/22
CLASSIC
100420 50042 $10,621.20
7/13/2021 CALPERS UAL ANNUAL PREPAYMENT FY 21/22
CLASSIC
100150 50042 $11,252.53
7/13/2021 CALPERS UAL ANNUAL PREPAYMENT FY 21/22
CLASSIC
100615 50042 $11,820.88
7/13/2021 CALPERS UAL ANNUAL PREPAYMENT FY 21/22
CLASSIC
100655 50042 $16,834.03
7/13/2021 CALPERS UAL ANNUAL PREPAYMENT FY 21/22
CLASSIC
250170 50042 $18,846.32
7/13/2021 CALPERS UAL ANNUAL PREPAYMENT FY 21/22
CLASSIC
100220 50042 $20,823.85
7/13/2021 CALPERS UAL ANNUAL PREPAYMENT FY 21/22
CLASSIC
100510 50042 $21,681.06
7/13/2021 CALPERS UAL ANNUAL PREPAYMENT FY 21/22
CLASSIC
100630 50042 $21,956.30
7/13/2021 CALPERS UAL ANNUAL PREPAYMENT FY 21/22
CLASSIC
100610 50042 $24,397.07
7/13/2021 CALPERS UAL ANNUAL PREPAYMENT FY 21/22
CLASSIC
100240 50042 $25,414.66
7/13/2021 CALPERS UAL ANNUAL PREPAYMENT FY 21/22
CLASSIC
100230 50042 $36,839.02
7/13/2021 CALPERS UAL ANNUAL PREPAYMENT FY 21/22
CLASSIC
100210 50042 $42,293.34
7/13/2021 CALPERS UAL ANNUAL PREPAYMENT FY 21/22
CLASSIC
100410 50042 $46,755.37
3.2.b
Packet Pg. 21
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
7/13/2021 CALPERS UAL ANNUAL PREPAYMENT FY 21/22
CLASSIC
100520 50042 $49,184.51
7/13/2021 CALPERS UAL ANNUAL PREPAYMENT FY 21/22
CLASSIC
100130 50042 $75,854.49
CHECK TOTAL $476,527.00
3017 7/13/2021 CALPERS UAL ANNUAL PREPAYMENT PEPRA FY
21/22
206650 50046 $9.53
7/13/2021 CALPERS UAL ANNUAL PREPAYMENT PEPRA FY
21/22
100620 50046 $70.22
7/13/2021 CALPERS UAL ANNUAL PREPAYMENT PEPRA FY
21/22
201610 50046 $72.40
7/13/2021 CALPERS UAL ANNUAL PREPAYMENT PEPRA FY
21/22
100110 50046 $84.52
7/13/2021 CALPERS UAL ANNUAL PREPAYMENT PEPRA FY
21/22
207650 50046 $87.38
7/13/2021 CALPERS UAL ANNUAL PREPAYMENT PEPRA FY
21/22
100630 50046 $118.72
7/13/2021 CALPERS UAL ANNUAL PREPAYMENT PEPRA FY
21/22
100610 50046 $120.80
7/13/2021 CALPERS UAL ANNUAL PREPAYMENT PEPRA FY
21/22
100615 50046 $120.80
7/13/2021 CALPERS UAL ANNUAL PREPAYMENT PEPRA FY
21/22
250170 50046 $127.54
7/13/2021 CALPERS UAL ANNUAL PREPAYMENT PEPRA FY
21/22
100230 50046 $176.38
7/13/2021 CALPERS UAL ANNUAL PREPAYMENT PEPRA FY
21/22
100655 50046 $273.54
7/13/2021 CALPERS UAL ANNUAL PREPAYMENT PEPRA FY
21/22
100510 50046 $343.66
7/13/2021 CALPERS UAL ANNUAL PREPAYMENT PEPRA FY
21/22
100430 50046 $388.07
7/13/2021 CALPERS UAL ANNUAL PREPAYMENT PEPRA FY
21/22
100520 50046 $549.44
CHECK TOTAL $2,543.00
3018 7/14/2021 CALIFORNIA JPIA ALL RISK PROPERTY INS PROG-JULY 21-
22
501220 57202 $51,399.00
CHECK TOTAL $51,399.00
3019 7/14/2021 CALIFORNIA JPIA LIABILITY/WORKERS COMP PROGRAM-
FY 21/22
100 21112 ($8,017.00)
3.2.b
Packet Pg. 22
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
7/14/2021 CALIFORNIA JPIA LIABILITY/WORKERS COMP PROGRAM-
FY 21/22
501220 57210 ($713.00)
7/14/2021 CALIFORNIA JPIA LIABILITY/WORKERS COMP PROGRAM-
FY 21/22
100 21112 $125,678.00
7/14/2021 CALIFORNIA JPIA LIABILITY/WORKERS COMP PROGRAM-
FY 21/22
501220 57210 $370,442.00
CHECK TOTAL $487,390.00
3020 7/14/2021 DAN CONTRACTOR HOME IMPROVEMENT PROGRAM-205 N.
PINTADO - HIP256
225440 54900 $17,415.00
7/14/2021 DAN CONTRACTOR HOME IMPR PROG-205 PINTADO -
HIP256-10% RETENTION
225440 54900 $1,935.00
CHECK TOTAL $19,350.00
3021 7/14/2021 GUARANTEED JANITORIAL
SERVICE INC
JANITORIAL SERVICES - JUNE 2021 100630 55505 $2,450.00
7/14/2021 GUARANTEED JANITORIAL
SERVICE INC
JANITORIAL SERVICES - JUNE 2021 100510 55505 $5,400.00
7/14/2021 GUARANTEED JANITORIAL
SERVICE INC
JANITORIAL SERVICES - JUNE 2021 100620 52320 $8,724.00
CHECK TOTAL $16,574.00
3022 7/14/2021 HARRIS COMPUTER SYSTEMS ANNUAL MAINT - SOFTWARE/CITY VIEW
2021-22
100230 52314 $31,306.35
CHECK TOTAL $31,306.35
3023 7/14/2021 LOS ANGELES COUNTY SHERIFF'S
DEPT
FY2020-21 SHERIFF'S LAW ENF. SVS -
06/21
100310 55400 $589,029.04
CHECK TOTAL $589,029.04
3025 7/14/2021 METROPOINTE ENGINEERS ENGR DESIGN SERVICES - SB DBB @ EB
SR-60 ON-RAMP
100615 54410 $46,200.00
CHECK TOTAL $46,200.00
3026 7/14/2021 NETWORK PARATRANSIT SYSTEMS
INC
DIAMOND RIDE SERVICES FY2020-21 -
FEBRUARY 2021
206650 55560 $10,205.30
7/14/2021 NETWORK PARATRANSIT SYSTEMS
INC
DIAMOND RIDE SERVICES FY2020-21 -
MAY 2021
206650 55560 $12,729.91
CHECK TOTAL $22,935.21
3027 7/14/2021 NEXTECH SYSTEMS INC TS MAINTENANCE - BATTERY BACK-UP
REPAIR
100655 55536 $13,013.85
CHECK TOTAL $13,013.85
3.2.b
Packet Pg. 23
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
3028 7/14/2021 SAN GABRIEL VALLEY COUNCIL
OF GOVERNMENTS
FY 21/22 ANNL MEMBERSHIP DUES 100130 52400 $5,053.14
7/14/2021 SAN GABRIEL VALLEY COUNCIL
OF GOVERNMENTS
FY 21/22 ANNL MEMBERSHIP DUES 206650 52400 $20,000.00
CHECK TOTAL $25,053.14
3029 7/14/2021 SAN GABRIEL VALLEY REGIONAL
HOUSING TRUST
MEMBERSHIP DUES - FY 21/22 100130 52400 $15,135.00
CHECK TOTAL $15,135.00
3030 7/14/2021 SIEMENS MOBILITY INC TS SOFTWARE SUPPORT/SCOOT &
TACTICS 2021-22
207650 52314 $30,150.00
CHECK TOTAL $30,150.00
3031 7/14/2021 SOUTHERN CALIFORNIA EDISON DISTRICT 38 - JUNE 2021 238638 52210 $347.87
7/14/2021 SOUTHERN CALIFORNIA EDISON DISTRICT 39 - JUNE 2021 239639 52210 $277.74
7/14/2021 SOUTHERN CALIFORNIA EDISON DISTRICT 41 - JUNE 2021 241641 52210 $158.61
7/14/2021 SOUTHERN CALIFORNIA EDISON 20671 GOLD SP & 575 DBB (06.01.21 -
06.29.21)
238638 52210 $17.34
7/14/2021 SOUTHERN CALIFORNIA EDISON 1600 GRAND (06.02.21 - 06.30.21) 100510 52210 $6,002.53
7/14/2021 SOUTHERN CALIFORNIA EDISON PARKS (05.27.21 - 06.27.21) 100630 52210 $2,607.89
7/14/2021 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 2201 DBB LS-2 100655 52210 $73.94
7/14/2021 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 1798 DBB/22566
GOLDEN SPRINGS LS-2
100655 52210 $165.84
7/14/2021 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL - 1798 DBB/22566
GOLDEN SPRINGS
100655 52210 $861.21
7/14/2021 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL - 1611 S BREA
CANYON TC-1
100655 52210 $64.48
7/14/2021 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL - 1450
BRIDGEGATE/VARIOUS TC-1
100655 52210 $398.80
7/14/2021 SOUTHERN CALIFORNIA EDISON GS-1 1215 BREA CANYON 100655 52210 $88.53
7/14/2021 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 1025 BREA CANYON
TC-1
100655 52210 $117.58
7/14/2021 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 1003 GOLDEN SPRINGS 100655 52210 $97.31
7/14/2021 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL - 809 S. DBB 100655 52210 $98.31
7/14/2021 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL - 801 S
LEMON/VARIOUS TC-1
100655 52210 $290.68
3.2.b
Packet Pg. 24
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
7/14/2021 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL - 717 GRAND TC-1 100655 52210 $190.90
7/14/2021 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 1 DBB TEMPLE LS-2 100655 52210 $105.47
7/14/2021 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL - 21250 GOLDEN
SPRINGS PED TC-1
100655 52210 $103.20
7/14/2021 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 21250 GOLDEN
SPRINGS LS-2
100655 52210 $73.94
7/14/2021 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL - 20781 PATHFINDER
TC-1
100655 52210 $122.20
7/14/2021 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL - 20781 PATHFINDER
TC-1
100655 52210 $120.76
7/14/2021 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL - 20000 GOLDEN
SPRINGS/VARIOUS
100655 52210 $1,231.13
7/14/2021 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 3798 S. BREA CANYON
LS-2
100655 52210 $55.46
7/14/2021 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 3564 BREA CANYON B
PED LS-3
100655 52210 $70.26
7/14/2021 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 320 DBB LS-2 100655 52210 $110.90
7/14/2021 SOUTHERN CALIFORNIA EDISON GS-1 2838 S DBB PED 100655 52210 $97.87
7/14/2021 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 2746 BREA CANYON B
PED LS-3
100655 52210 $128.67
7/14/2021 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL - DBB N/W @ TEMPLE
- TC-1
100655 52210 $78.77
7/14/2021 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL - BREA
CYN/OAKCREST MAY-JUN 21
100655 52210 $159.47
7/14/2021 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - BREA CYN/OAKCREST
LS-2
100655 52210 $55.93
7/14/2021 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - BREA
CYN/FALLOWFIELD LS-2
100655 52210 $73.43
7/14/2021 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 24230 GOLDEN
SPRINGS LS-2
100655 52210 $70.17
7/14/2021 SOUTHERN CALIFORNIA EDISON GS-1 23331 GOLDEN SPRINGS PED 100655 52210 $78.34
7/14/2021 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 22805 GOLDEN
SPRINGS
100655 52210 $92.41
7/14/2021 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 21615 GATEWAY
CENTER LS-2
100655 52210 $73.94
7/14/2021 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 21325 PATHFINDER LS-2 100655 52210 $202.46
CHECK TOTAL $14,964.34
3.2.b
Packet Pg. 25
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
3032 7/14/2021 TYLER TECHNOLOGIES INC IMPLEMENTATION - ERP SYSTEM -
MARCH 2021
503230 56135 $4,200.00
7/14/2021 TYLER TECHNOLOGIES INC IMPLEMENTATION - ERP - SEPT/OCT 2020 503230 56135 $6,300.00
7/14/2021 TYLER TECHNOLOGIES INC IMPLEMENTATION - ERP SYSTEM FEB 2021 503230 56135 $700.00
CHECK TOTAL $11,200.00
3033 7/14/2021 WEST COAST ARBORISTS INC CITYWIDE TREE CARE/MAINT - 06.01.21 -
06.15.21
100645 55522 $17,281.50
7/14/2021 WEST COAST ARBORISTS INC DISTRICT 38 (06.01.21 - 06.15.21) 238638 55522 $3,353.00
7/14/2021 WEST COAST ARBORISTS INC MINI-PARK TREE MAINT (06.01.21 -
06.15.21)
100645 55522 $825.00
7/14/2021 WEST COAST ARBORISTS INC MINI-PARK TREE MAINT (06.01.21 -
06.15.21)
239639 55522 $835.00
7/14/2021 WEST COAST ARBORISTS INC CITYWIDE TREE CARE/MAINT (6.16.21-
6.30.21)
100645 55522 $49,048.70
CHECK TOTAL $71,343.20
3034 7/14/2021 AFLAC SUPP INSURANCE PREMIUM JUNE 2021 201 21117 $6.02
7/14/2021 AFLAC SUPP INSURANCE PREMIUM JUNE 2021 250 21117 $48.78
7/14/2021 AFLAC SUPP INSURANCE PREMIUM JUNE 2021 207 21117 $81.01
7/14/2021 AFLAC SUPP INSURANCE PREMIUM JUNE 2021 206 21117 $292.77
7/14/2021 AFLAC SUPP INSURANCE PREMIUM JUNE 2021 100 21117 $1,824.54
CHECK TOTAL $2,253.12
3035 7/14/2021 ALLIANT INSURANCE SERVICES
INC
ACIP CRIME ANNL PREMIUM-FY 21/22 501220 57200 $1,891.00
CHECK TOTAL $1,891.00
3036 7/14/2021 BARR & CLARK INC HOME IMP PROJ 256-205 PINTADO-
LEAD EXT INSPECTION
225440 54900 $450.00
7/14/2021 BARR & CLARK INC HOME IMP PROJ256-205 PINTADO-
CLEAR INSP&ANALYSIS
225440 54900 $532.00
CHECK TOTAL $982.00
3037 7/14/2021 ROBYN A BECKWITH PLANTS SERVICE FOR JUNE 2021 100620 52320 $432.00
CHECK TOTAL $432.00
3038 7/14/2021 BEST LIGHTING PRODUCTS INC MONTHLY MAINTENANCE - JUNE 2021 100510 52320 $165.16
7/14/2021 BEST LIGHTING PRODUCTS INC MONTHLY MAINTENANCE - JUNE 2021 238638 52320 $165.16
3.2.b
Packet Pg. 26
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
7/14/2021 BEST LIGHTING PRODUCTS INC MONTHLY MAINTENANCE - JUNE 2021 100620 52320 $332.04
7/14/2021 BEST LIGHTING PRODUCTS INC MONTHLY MAINTENANCE - JUNE 2021 100630 55505 $1,339.75
CHECK TOTAL $2,002.11
3039 7/14/2021 BLUE 360 MEDIA LLC 100310 51200 $65.75
CHECK TOTAL $65.75
3040 7/14/2021 BULLSEYE TELECOM INC CITYWIDE PHONE SYSTEM - JULY 2021 100230 52200 $1,711.28
CHECK TOTAL $1,711.28
3041 7/14/2021 CALIFORNIA BUILDING
STANDARDS COMMISSION
BSAS FEES REPORTING JAN-MAR 2021 100 20604 $309.86
7/14/2021 CALIFORNIA BUILDING
STANDARDS COMMISSION
BSAS FEES REPORTING APR-JUN 2021 100 20604 $327.96
CHECK TOTAL $637.82
3042 7/14/2021 CALIFORNIA CONTRACT CITIES
ASSOCIATION
ANNUAL MEMBERSHIP DUE JULY 1 2021-
JUNE 30 2022
100130 52400 $5,500.00
CHECK TOTAL $5,500.00
3043 7/14/2021 CHEM PRO LABORATORY INC WATER TREATMENT - JUNE 2021 100620 52320 $155.00
CHECK TOTAL $155.00
3044 7/14/2021 CHICAGO TITLE COMPANY HOME IMP PROJ 241-332 ROCK RIVER-
TITLE SEARCH
225440 54900 $30.00
7/14/2021 CHICAGO TITLE COMPANY HOME IMP PROG-TITLE RECORDING FEE-
24302 PALOMINO
225440 54900 $50.00
7/14/2021 CHICAGO TITLE COMPANY HOME IMPR PROG-TITLE RECORDING
FEE-205 N PINTADO
225440 54900 $95.00
7/14/2021 CHICAGO TITLE COMPANY HOME IMP PROJ-TITLE LOAN POLICY-
370 BALLENA
225440 54900 $100.00
CHECK TOTAL $275.00
3045 7/14/2021 CIVIC PUBLICATIONS INC GRAPHIC DESIGN USED OIL AD 250170 54900 $500.00
CHECK TOTAL $500.00
3046 7/14/2021 CNC PRINTWERKS BUSINESS CARDS - RONNIE RAMIREZ
(CODE ENFORCEMENT)
100130 52110 $88.70
CHECK TOTAL $88.70
3047 7/14/2021 COLLEY AUTO CARS INC VEHICLE MAINTENANCE - CODE
ENFORCEMENT
502430 52312 $61.13
CHECK TOTAL $61.13
3.2.b
Packet Pg. 27
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
3048 7/14/2021 CONSTRUCTION HARDWARE
COMPANY
PARKS & FACILITIES BUILDING
MAINTENANCE
100630 52320 $296.88
7/14/2021 CONSTRUCTION HARDWARE
COMPANY
PARKS & FACILITIES BUILDING
MAINTENANCE
100630 52320 $27.56
7/14/2021 CONSTRUCTION HARDWARE
COMPANY
PARKS & FACILITIES BUILDING
MAINTENANCE
100630 52320 $85.00
CHECK TOTAL $409.44
3049 7/14/2021 COUNTY OF LOS ANGELES ALLOCATION OF LAFCO COSTS FY
21/22
100130 52400 $1,198.64
CHECK TOTAL $1,198.64
3050 7/14/2021 DAPEER ROSENBLIT & LITVAK LLP CITY PROSECUTOR - CODE
ENFORCEMENT MAY 2021
100120 54024 $215.80
CHECK TOTAL $215.80
3051 7/14/2021 DELTA DENTAL HMO DENTAL INSURANCE PREMIUM
JULY 2021
250 21105 $1.03
7/14/2021 DELTA DENTAL HMO DENTAL INSURANCE PREMIUM
JULY 2021
206 21105 $1.99
7/14/2021 DELTA DENTAL HMO DENTAL INSURANCE PREMIUM
JULY 2021
207 21105 $1.99
7/14/2021 DELTA DENTAL HMO DENTAL INSURANCE PREMIUM
JULY 2021
106 21105 $6.87
7/14/2021 DELTA DENTAL HMO DENTAL INSURANCE PREMIUM
JULY 2021
100 21105 $269.66
CHECK TOTAL $281.54
3052 7/14/2021 DELTA DENTAL INSURANCE
COMPANY
PPO DENTAL INSURANCE PREMIUM JULY
2021
239 21105 $22.08
7/14/2021 DELTA DENTAL INSURANCE
COMPANY
PPO DENTAL INSURANCE PREMIUM JULY
2021
238 21105 $38.37
7/14/2021 DELTA DENTAL INSURANCE
COMPANY
PPO DENTAL INSURANCE PREMIUM JULY
2021
201 21105 $54.54
7/14/2021 DELTA DENTAL INSURANCE
COMPANY
PPO DENTAL INSURANCE PREMIUM JULY
2021
250 21105 $140.94
7/14/2021 DELTA DENTAL INSURANCE
COMPANY
PPO DENTAL INSURANCE PREMIUM JULY
2021
207 21105 $141.26
7/14/2021 DELTA DENTAL INSURANCE
COMPANY
PPO DENTAL INSURANCE PREMIUM JULY
2021
206 21105 $205.00
7/14/2021 DELTA DENTAL INSURANCE
COMPANY
PPO DENTAL INSURANCE PREMIUM JULY
2021
100 21105 $4,224.81
3.2.b
Packet Pg. 28
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
CHECK TOTAL $4,827.00
3053 7/14/2021 DEPARTMENT OF
CONSERVATION
SMIP FEES REPORTING JAN-MAR 2021 100 20603 $1,216.98
7/14/2021 DEPARTMENT OF
CONSERVATION
SMIP FEES REPORTING APR-JUN 2021 100 20603 $995.39
CHECK TOTAL $2,212.37
3054 7/14/2021 DIAMOND BAR MOBIL VEHICLE MAINTENANCE (2006 FORD
F250)
502630 52312 $386.27
CHECK TOTAL $386.27
3055 7/14/2021 DIANA CHO & ASSOCIATES CDBG PROGRAM CONSULTANT-MAR
APR MAY JUN 2021
225440 54900 $2,004.50
CHECK TOTAL $2,004.50
3056 7/14/2021 DISCOVERY SCIENCE CENTER OF
ORANGE
RECYCLING EDUCATION PROGRAM 250170 54900 $1,138.50
CHECK TOTAL $1,138.50
3057 7/14/2021 DMPR 4 LLC STORAGE RENTAL UNITS IN JULY 2021 100130 52302 $1,576.00
CHECK TOTAL $1,576.00
3058 7/14/2021 DUNN'S FENCE COMPANY PARK MAINTENANCE (PANTERA) 100630 52320 $4,137.50
CHECK TOTAL $4,137.50
3059 7/14/2021 ECOFERT INC FERTILIZER INJECTION SYSTEM - JUNE
2021
100630 52320 $1,150.00
CHECK TOTAL $1,150.00
3060 7/14/2021 EXPRESS MAIL CORPORATE
ACCOUNT
MAIL-5/27/21 PC MTG AGENDA-CITY
ATTY
100410 52170 $23.00
CHECK TOTAL $23.00
3061 7/14/2021 FIDUCIARY EXPERTS LLC 457 FIDUCIARY OVERSIGHT FEE-4TH QTR 100210 54010 $2,000.00
CHECK TOTAL $2,000.00
3062 7/14/2021 FRONTIER COMMUNICATIONS
CORP
SUMMARY BILL - INTERNET SERVICE JULY
2021
100230 54030 $775.00
CHECK TOTAL $775.00
3063 7/14/2021 GATEWAY CORP CENTER ASSOC CAPITAL CONTRIBUTION & ASSOCIATE.
DUE IN JULY 2021
100620 52400 $2,037.88
CHECK TOTAL $2,037.88
3064 7/14/2021 GRAFFITI CONTROL SYSTEMS GRAFFITI ABATEMENT-JUNE 2021 100430 55540 $2,975.00
3.2.b
Packet Pg. 29
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
CHECK TOTAL $2,975.00
3065 7/14/2021 HOME DEPOT CREDIT SERVICES BUILDING MAINTENANCE - JUN 2021 100630 52320 $34.27
7/14/2021 HOME DEPOT CREDIT SERVICES BUILDING MAINTENANCE - JUN 2021 100510 52320 $173.64
CHECK TOTAL $207.91
3066 7/14/2021 HONEYCOTT INC BEE HIVE REMOVAL - DISTRICT 38 238638 52320 $122.00
7/14/2021 HONEYCOTT INC BEE REMOVAL (CABLE BOX ON DELTA
DRIVE)
100630 52320 $122.00
CHECK TOTAL $244.00
3067 7/14/2021 JIVE COMMUNICATIONS INC CITYWIDE PHONE SYSTEM - JULY 2021 100230 52200 $2,464.06
CHECK TOTAL $2,464.06
3068 7/14/2021 JOE A GONSALVES & SON INC PROFESSIONAL LEGISLATIVE SERVICES
FOR JULY 2021
100130 54900 $2,500.00
CHECK TOTAL $2,500.00
3069 7/14/2021 JOHN L HUNTER & ASSOC INC NPDES STORMWATER COMPLIANCE -
MAY 2021
201610 54200 $685.70
CHECK TOTAL $685.70
3070 7/14/2021 K7 ENTERPRISES PARKS MAINTENANCE (SKATE PARK
DEDICATION PLAQUE)
100630 52320 $2,618.44
CHECK TOTAL $2,618.44
3071 7/14/2021 KEVIN D JONES CS- SR57/60 FUNDING ADVOCACY -
JUNE 2021
100615 54400 $4,000.00
CHECK TOTAL $4,000.00
3072 7/14/2021 LEAGUE OF CALIFORNIA CITIES L.A. COUNTY DIVISION DUES FOR
7/1/21-6/30/22
100130 52400 $1,412.25
CHECK TOTAL $1,412.25
3073 7/14/2021 LIEBERT CASSIDY WHITMORE CONSORTIUM FEES 100220 52400 $4,065.00
CHECK TOTAL $4,065.00
3074 7/14/2021 LOOMIS COURIER SERVICES-JULY 2021 100210 54900 $320.44
7/14/2021 LOOMIS COURIER SERVICES-JULY 2021 100510 54900 $320.44
CHECK TOTAL $640.88
3075 7/14/2021 LOS ANGELES COUNTY SHERIFF'S
DEPT
WITHHOLDING ORDER 20NWLC11081 100 23199 $253.91
3.2.b
Packet Pg. 30
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
CHECK TOTAL $253.91
3076 7/14/2021 MANAGED HEALTH NETWORK EMPLOYEE ASSISTANCE PROGRAM
PREMIUM JULY 2021
106 21114 $0.40
7/14/2021 MANAGED HEALTH NETWORK EMPLOYEE ASSISTANCE PROGRAM
PREMIUM JULY 2021
239 21114 $0.48
7/14/2021 MANAGED HEALTH NETWORK EMPLOYEE ASSISTANCE PROGRAM
PREMIUM JULY 2021
238 21114 $0.72
7/14/2021 MANAGED HEALTH NETWORK EMPLOYEE ASSISTANCE PROGRAM
PREMIUM JULY 2021
201 21114 $1.44
7/14/2021 MANAGED HEALTH NETWORK EMPLOYEE ASSISTANCE PROGRAM
PREMIUM JULY 2021
207 21114 $2.74
7/14/2021 MANAGED HEALTH NETWORK EMPLOYEE ASSISTANCE PROGRAM
PREMIUM JULY 2021
250 21114 $3.68
7/14/2021 MANAGED HEALTH NETWORK EMPLOYEE ASSISTANCE PROGRAM
PREMIUM JULY 2021
206 21114 $4.71
7/14/2021 MANAGED HEALTH NETWORK EMPLOYEE ASSISTANCE PROGRAM
PREMIUM JULY 2021
100 21114 $132.23
CHECK TOTAL $146.40
3077 7/14/2021 MICHAEL BAKER INTERNATIONAL
INC
CANYON LOOP TRAIL CEQA SURVEYS
MAY 2021
301630 56104 $4,425.00
CHECK TOTAL $4,425.00
3078 7/14/2021 MICHAEL BALLIET CONSULTING
LLC
ENVIRONMENTAL CONSULTING
SERVICES
250170 54900 $4,953.75
CHECK TOTAL $4,953.75
3079 7/14/2021 MITHRIL ENTERPRISES AED DEFIBRILLATOR PADS AND
MEDICAL DIRECTION
100350 52310 $1,987.71
CHECK TOTAL $1,987.71
3080 7/14/2021 MOBILE RELAY ASSOCIATES INC REPEATER SERVICE FOR EMERGENCY
PREP. IN JULY 2021
100350 52300 $78.75
CHECK TOTAL $78.75
3081 7/14/2021 OFFICE SOLUTIONS OFFICE SUPPLIES - CITY MANAGER 100130 51200 $515.27
7/14/2021 OFFICE SOLUTIONS OFFICE SUPPLIES (PARKS & FACILITIES) 100630 51200 $49.98
7/14/2021 OFFICE SOLUTIONS OFFICE SUPPLIES - PUBLIC INFORMATION 100240 51200 $283.38
7/14/2021 OFFICE SOLUTIONS OFFICE SUPPLIES-FINANCE 100210 51200 $154.53
7/14/2021 OFFICE SOLUTIONS OFFICE SUPPLIES 100220 51200 $139.58
3.2.b
Packet Pg. 31
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
CHECK TOTAL $1,142.74
3082 7/14/2021 ONE TIME PAY VENDOR FRITZIE JILL MAULEON
CALUZA
FRAUDULENT CHECK REISSUE 100 20202 $125.67
CHECK TOTAL $125.67
3083 7/14/2021 PAPER RECYCLING &
SHREDDING
CITY HALL PAPER RECYCLING 250170 54900 $65.00
7/14/2021 PAPER RECYCLING &
SHREDDING
RECORDS DESTRUCTION DAY 4/14 250170 55000 $230.00
CHECK TOTAL $295.00
3084 7/14/2021 PRO1PRINT, LLC PRINTING OF SURVEY AND
APPOINTMENT POSTCARDS
100240 52110 $187.43
CHECK TOTAL $187.43
3085 7/14/2021 PROTECTION ONE INC QRTLY' FIRE MONITORING (HERITAGE) 100630 52320 $142.85
CHECK TOTAL $142.85
3086 7/14/2021 PUBLIC STORAGE #23051 STORAGE RENTAL #2108 FOR JULY 2021 100130 52302 $466.00
CHECK TOTAL $466.00
3087 7/14/2021 PYRO COMM SYSTEMS INC QUARTERLY FIRE ALARM MONITORING
(CITY HALL)
100620 52320 $135.00
CHECK TOTAL $135.00
3088 7/14/2021 REGIONAL CHAMBER OF
COMMERCE
SERVICE CONTRACT FOR MAY & JUNE
2021
100150 55000 $2,000.00
CHECK TOTAL $2,000.00
3089 7/14/2021 REGIONAL TAP SERVICE CENTER METROLINK PASSES - JUNE 2021 206650 55610 $692.30
7/14/2021 REGIONAL TAP SERVICE CENTER METROLINK PASSES - JUNE 2021 206650 55620 $2,769.20
CHECK TOTAL $3,461.50
3090 7/14/2021 SC FUELS FUEL (FLEET VEHICLES) 502130 52330 $44.22
7/14/2021 SC FUELS FUEL (FLEET VEHICLES) 502620 52330 $94.32
7/14/2021 SC FUELS FUEL (FLEET VEHICLES) 502430 52330 $162.76
7/14/2021 SC FUELS FUEL (FLEET VEHICLES) 502630 52330 $394.40
7/14/2021 SC FUELS FUEL (FLEET VEHICLES) 502655 52330 $1,012.74
CHECK TOTAL $1,708.44
3.2.b
Packet Pg. 32
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
3091 7/14/2021 SJC 3 CONSULTING INC CDBG HOME IMPROVEMENT PROGRAM
CONSULTANT-MAY JUNE
225440 54900 $5,040.00
CHECK TOTAL $5,040.00
3092 7/14/2021 SOCIAL VOCATIONAL SERVICES WEED ABATEMENT - JUNE 2021 100645 55528 $2,909.00
CHECK TOTAL $2,909.00
3093 7/14/2021 SOUTHERN CALIFORNIA
ASSOCIATION OF
GOVERNMENTS
DUE ASSESSMENT FOR FY 2021-22 100130 52400 $6,224.00
CHECK TOTAL $6,224.00
3094 7/14/2021 STANDARD INSURANCE
COMPANY
LIFE/LTD/STD INSURANCE PREMIUM JULY
2021
106 21107 $2.12
7/14/2021 STANDARD INSURANCE
COMPANY
LIFE/LTD/STD INSURANCE PREMIUM JULY
2021
239 21107 $2.55
7/14/2021 STANDARD INSURANCE
COMPANY
LIFE/LTD/STD INSURANCE PREMIUM JULY
2021
238 21107 $3.83
7/14/2021 STANDARD INSURANCE
COMPANY
LIFE/LTD/STD INSURANCE PREMIUM JULY
2021
106 21113 $4.19
7/14/2021 STANDARD INSURANCE
COMPANY
LIFE/LTD/STD INSURANCE PREMIUM JULY
2021
239 21113 $9.29
7/14/2021 STANDARD INSURANCE
COMPANY
LIFE/LTD/STD INSURANCE PREMIUM JULY
2021
238 21113 $14.33
7/14/2021 STANDARD INSURANCE
COMPANY
LIFE/LTD/STD INSURANCE PREMIUM JULY
2021
207 21107 $17.25
7/14/2021 STANDARD INSURANCE
COMPANY
LIFE/LTD/STD INSURANCE PREMIUM JULY
2021
201 21107 $21.85
7/14/2021 STANDARD INSURANCE
COMPANY
LIFE/LTD/STD INSURANCE PREMIUM JULY
2021
201 21113 $24.16
7/14/2021 STANDARD INSURANCE
COMPANY
LIFE/LTD/STD INSURANCE PREMIUM JULY
2021
206 21107 $35.11
7/14/2021 STANDARD INSURANCE
COMPANY
LIFE/LTD/STD INSURANCE PREMIUM JULY
2021
250 21107 $39.39
7/14/2021 STANDARD INSURANCE
COMPANY
LIFE/LTD/STD INSURANCE PREMIUM JULY
2021
207 21113 $52.00
7/14/2021 STANDARD INSURANCE
COMPANY
LIFE/LTD/STD INSURANCE PREMIUM JULY
2021
250 21113 $64.23
7/14/2021 STANDARD INSURANCE
COMPANY
LIFE/LTD/STD INSURANCE PREMIUM JULY
2021
206 21113 $69.02
7/14/2021 STANDARD INSURANCE
COMPANY
LIFE/LTD/STD INSURANCE PREMIUM JULY
2021
100 21107 $1,275.65
3.2.b
Packet Pg. 33
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
7/14/2021 STANDARD INSURANCE
COMPANY
LIFE/LTD/STD INSURANCE PREMIUM JULY
2021
100 21113 $1,926.16
CHECK TOTAL $3,561.13
3095 7/14/2021 STAY GREEN INC LANDSCAPING SERVICES AT CITY HALL -
JUNE 2021
100620 52320 $1,026.00
CHECK TOTAL $1,026.00
3096 7/14/2021 TEMCAL DEVELOPMENT CORP VEHICLE MAINTENANCE - MAY 2021 502130 52312 $19.99
7/14/2021 TEMCAL DEVELOPMENT CORP VEHICLE MAINTENANCE - MAY 2021 502430 52312 $63.95
7/14/2021 TEMCAL DEVELOPMENT CORP VEHICLE MAINTENANCE - MAY 2021 502630 52312 $145.96
7/14/2021 TEMCAL DEVELOPMENT CORP VEHICLE MAINTENANCE - MAY 2021 502620 52312 $161.42
7/14/2021 TEMCAL DEVELOPMENT CORP VEHICLE MAINTENANCE - MAY 2021 502655 52312 $188.92
7/14/2021 TEMCAL DEVELOPMENT CORP FLEET VEHICLE MAINTENANCE - JUN
2021
502430 52312 $31.97
7/14/2021 TEMCAL DEVELOPMENT CORP FLEET VEHICLE MAINTENANCE - JUN
2021
502630 52312 $62.97
7/14/2021 TEMCAL DEVELOPMENT CORP FLEET VEHICLE MAINTENANCE - JUN
2021
502655 52312 $77.98
7/14/2021 TEMCAL DEVELOPMENT CORP FLEET VEHICLE MAINTENANCE - JUN
2021
502620 52312 $450.70
CHECK TOTAL $1,203.86
3097 7/14/2021 TENNIS ANYONE INC TENNIS CAMP SUMMER 2021 SESSION 1 100520 55320 $2,174.90
CHECK TOTAL $2,174.90
3098 7/14/2021 THE ECONOMY ADVERTISING
COMPANY
LATE FEE/FINANCE CHARGE 250170 52110 $52.42
CHECK TOTAL $52.42
3099 7/14/2021 THE SAN GABRIEL VALLEY
NEWSPAPER GR
LEGAL AD-DCA ADU-CC MTG 6/8/21 100410 51200 $597.50
7/14/2021 THE SAN GABRIEL VALLEY
NEWSPAPER GR
LEGAL AD -CC MTG 7/6/21 ADU DCA 100410 52110 $100.00
7/14/2021 THE SAN GABRIEL VALLEY
NEWSPAPER GR
LEGAL AD -CC MTG 7/6/21 ADU DCA 100410 52500 $175.00
7/14/2021 THE SAN GABRIEL VALLEY
NEWSPAPER GR
LEGAL AD -CC MTG 7/6/21 ADU DCA 100410 52410 $200.00
7/14/2021 THE SAN GABRIEL VALLEY
NEWSPAPER GR
LEGAL AD -CC MTG 7/6/21 ADU DCA 100410 50074 $223.00
3.2.b
Packet Pg. 34
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
CHECK TOTAL $1,295.50
3100 7/14/2021 THE SAUCE CREATIVE SERVICES
INC
PHOTO CONTEST FLYER UPDATES 100240 52130 $648.53
CHECK TOTAL $648.53
3101 7/14/2021 TRANE SERVICE GROUP INC HVAC MAINTENANCE (DBC) 100510 52320 $2,319.00
CHECK TOTAL $2,319.00
3102 7/14/2021 VISION SERVICE PLAN VISION INSURANCE PREMIUM JULY 2021 106 21108 $5.17
7/14/2021 VISION SERVICE PLAN VISION INSURANCE PREMIUM JULY 2021 239 21108 $7.68
7/14/2021 VISION SERVICE PLAN VISION INSURANCE PREMIUM JULY 2021 238 21108 $13.23
7/14/2021 VISION SERVICE PLAN VISION INSURANCE PREMIUM JULY 2021 201 21108 $18.21
7/14/2021 VISION SERVICE PLAN VISION INSURANCE PREMIUM JULY 2021 250 21108 $45.60
7/14/2021 VISION SERVICE PLAN VISION INSURANCE PREMIUM JULY 2021 207 21108 $51.10
7/14/2021 VISION SERVICE PLAN VISION INSURANCE PREMIUM JULY 2021 206 21108 $105.35
7/14/2021 VISION SERVICE PLAN VISION INSURANCE PREMIUM JULY 2021 100 21108 $1,679.93
CHECK TOTAL $1,926.27
3103 7/14/2021 WALNUT VALLEY WATER DISTRICT PARKS PT. 3 (MAY 2021) 100630 52220 $1,245.72
7/14/2021 WALNUT VALLEY WATER DISTRICT RECYCLED (MAY 2021) 238638 52220 $888.00
CHECK TOTAL $2,133.72
3104 7/14/2021 WALNUT VALLEY EDUCATIONAL
FOUNDATION
WVEF GOLF TOURNAMENT - 2 TEE
SPONSORS
101110 52600 $500.00
CHECK TOTAL $500.00
3105 7/14/2021 WAXIE SANITARY SUPPLY JANITORIAL SUPPLIES (CITY HALL) 100620 51200 $180.13
CHECK TOTAL $180.13
3106 7/14/2021 WILSON FIALLOS INSTRUCTOR PAYMENT SUMMER 2021 100520 55320 $192.00
CHECK TOTAL $192.00
GRAND TOTAL $2,183,499.58
3.2.b
Packet Pg. 35
Agenda #: 3.3
Meeting Date: July 20, 2021
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: ORDINANCE NO. 01 (2021) AN ORDINANCE OF THE CITY OF
DIAMOND BAR, CALIFORNIA, AMENDING SECTIONS 22.08.040
(RESIDENTIAL ZONING DISTRICT GENERAL DEVELOPMENT
STANDARDS), 22.42.110 (RESIDENTIAL ACCESSORY USES AND
STRUCTURES), AND 22.42.120 (ACCESSORY DWELLING UNITS) OF
TITLE 22 (DEVELOPMENT CODE) OF THE DIAMOND BAR
MUNICIPAL CODE TO ENACT UPDATED REGULATIONS
PERTAINING TO ACCESSORY DWELLING UNITS AND JUNIOR
ACCESSORY DWELLING UNITS IN ACCORDANCE WITH STATE
LAW.
STRATEGIC
GOAL:
Open, Engaged & Responsive Government
RECOMMENDATION:
Approve for second reading by title only, waive full reading, and adopt Ordinance No. 01
(2021) (Accessory Dwelling Unit and Junior Accessory Dwelling Unit Ordinance).
FINANCIAL SUMMARY:
None.
BACKGROUND:
On July 6, 2021, the City Council conducted a public hearing and approved for first
reading Ordinance No. 01(2021) to amend Title 22 of the Municipal Code to enable the
City to regulate accessory dwelling units (ADUs) and junior accessory dwelling units
(JADUs) in a manner consistent with, and to the extent permissible, under current State
law. There were no changes made to the Draft Ordinance as presented at the meeting.
A copy of the July 6, 2021 staff report is included in Attachment 2 for reference. The
City Council approved the first reading by a 4-1 vote with Council Member Tye opposed.
Ordinance 01(2021) (Attachment 1) is now being presented for its second reading by
3.3
Packet Pg. 36
title only and adoption, and will become effective 30 days from July 20, 2021.
LEGAL REVIEW:
The City Attorney has reviewed and approved the Ordinance as to form.
PREPARED BY:
REVIEWED BY:
Attachments:
1. 3.3.a Ordinance No. 01 (2021)
2. 3.3.b City Council Staff Report Dated July 6, 2021
3.3
Packet Pg. 37
Ordinance No. 01 (2021)
1
ORDINANCE NO. 01 (2021)
AN ORDINANCE OF THE CITY OF DIAMOND BAR, CALIFORNIA,
AMENDING SECTIONS 22.08.040 (RESIDENTIAL ZONING DISTRICT
GENERAL DEVELOPMENT STANDARDS), 22.42.110 (RESIDENTIAL
ACCESSORY USES AND STRUCTURES), AND 22.42.120
(ACCESSORY DWELLING UNITS) OF TITLE 22 (DEVELOPMENT
CODE) OF THE DIAMOND BAR MUNICIPAL CODE TO ENACT
UPDATED REGULATIONS PERTAINING TO ACCESSORY DWELLING
UNITS AND JUNIOR ACCESSORY DWELLING UNITS IN
ACCORDANCE WITH STATE LAW.
WHEREAS, the California Legislature has long recognized accessory dwelling
units (“ADUs”) as a valuable affordable housing option for single -family neighborhoods,
and Government Code Sections 65852.150–65852.2 place certain limitations on the
authority of local governments to regulate ADUs; and
WHEREAS, on January 1, 2017, SB 1069 and AB 2299 took effect, amending
Government Code Sections 65852.150 and 65852.2, and enacting the most significant
changes to the ADU statutes since 2003. In May 2018, the City amended its Development
Code to ensure continued consistency with State law, and to enab le the City to regulate
ADUs to the extent allowable pursuant to the amended State law ; and
WHEREAS, in 2020 and 2021, SB 13, AB 881, AB 68(1), AB 587, AB 670, AB 671
and AB 3182 took effect, amending Government Code Sections 65852.2 and 65852.22,
65852.26 and 65583(c)(7); Civil Code Sections 4740 and 4741; and Health and Safety
Code Section 17980.12. These new laws further reduce regulatory barriers and
streamline approval processes to facilitate the development of ADUs, and further limit the
authority of local agencies to regulate ADUs; and
WHEREAS, to retain local control over the limited scope of land use standards
that the latest round of ADU legislation allows public agencies to regulate, the City must
amend the Development Code to be consistent with the new State laws; and
WHEREAS, on June 8, 2021, the Planning Commission held a duly noticed public
hearing regarding proposed amendments to the Development Code pertaining to
accessory dwelling units and junior accessory dwelling units, Planning Case No. PL2020-
61, and adopted Resolution No. 202 1-07 recommending City Council approval of said
Development Code Amendments; and
WHEREAS, on July 6, 2021, the City Council held a duly noticed public hearing
regarding the proposed Municipal Code Amendment; and
WHEREAS, the City Council finds that this Ordinance is not subject to the
California Environmental Quality Act (“CEQA”) pursuant to Public Resources Code
Section 21080.17 (CEQA does not apply to the adoption of an ordinance b y a city or
3.3.a
Packet Pg. 38
Ordinance No. 01 (2021)
2
county to implement the provisions of Section 65852.2 of the Government Code) and
CEQA Guidelines Section 15061(b)(3) (it can be seen with certainty that there is no
possibility that the activity in question may have a significant effect on the environment)
and because the proposed Development Code Amendments pertain to the regulation of
activities that are themselves categorically exempt from CEQA pursuant to Sections
15301 and 15303 of the CEQA Guidelines; and
WHEREAS, the City Council hereby adopts the facts and reasons stated in
Planning Commission Resolution No. 2021-07, a copy of which is on file with the City
Clerk and which is incorporated herein by reference with the same force and effect as if
set forth in full.
NOW, THEREFORE, the City Council of the City of Diamond Bar hereby ordains
as follows:
Section 1. Section 22.08.040 (Residential zoning district general development
standards) of Title 22, Chapter 22.08 of the Diamond Bar Municipal Code is hereby
amended to revise Table 2-4 to add a reference pertaining to accessory dwelling units
within the row entitled “Setbacks required” as follows (additions shown in
bold/underline):
TABLE 2-4
RESIDENTIAL DISTRICT GENERAL DEVELOPMENT STANDARDS
Requirement by Zoning District
Development
Feature
RR RL RLM RM RMH RH RH-30
… … … … … … … …
Setbacks
required
Minimum setbacks
required for structures. See
section 22.16.090 for
setback measurement,
allowed projections into
setbacks, and exceptions
to setbacks. See section
22.22.080(b)(6) for setback
measurement in hillside
areas. See section
22.42.120 for minimum
setbacks required for
accessory dwelling units.
Minimum setbacks required for
structures. See section
22.16.090 for setback
measurement, allowed
projections into setbacks, and
exceptions to setbacks. See
section 22.42.120 for
minimum setbacks required
for accessory dwelling units.
… … … … … … … …
3.3.a
Packet Pg. 39
Ordinance No. 01 (2021)
3
Section 2. 22.42.110 (Residential accessory uses and structures) of Title 22,
Chapter 22.42 of the Diamond Bar Municipal Code is hereby amended to add a reference
to accessory dwelling units and junior accessory dwelling units as follows (additions
shown in bold/underline):
Sec. 22.42.110. – Residential accessory uses and structures.
This section provides standards for specific residential accessory uses
and structures allowed in the zoning district applicable to a parcel (see
section 22.08.030, Residential zone land uses and permit requirements).
Residential accessory uses include any use that is customarily related to a
residence, including, but not limited to, garages, greenhouses, storage
sheds, studios, swimming pools/spas and workshops. The standards
applicable to accessory dwelling units and junior accessory dwelling
units are set forth in Section 22.42.120.
Section 3. Section 22.42.120 (Accessory dwelling units) of Title 22, Chapter 22.42
of the Diamond Bar Municipal Code is repealed in its entirety and replaced with new
Section 22.42.120 to read as follows:
Sec. 22.42.120. - Accessory dwelling units and junior accessory
dwelling units.
The purpose of this section is to provide for the creation of accessory
dwelling units (ADUs) and junior accessory dwelling units (JADUs) in a
manner consistent with state law, in order to provide for additional housing
opportunities for development of low- and moderate-income housing for the
community in keeping with the Housing Element of the Diamond Bar
General Plan.
(1) Applicability. Except as otherwise provided by state law, the
standards and limitations set forth in this section apply to the
development of new ADUs and JADUs in the City.
(2) Interpretation. The provisions of this section shall be interpreted to
be consistent with the provisions of Government Code sections
65852.2 and 65855.22 and shall be applied in a manner that is
consistent with state law.
(3) Effect of Conforming. Consistent with state law, an ADU that
conforms to the provisions of this section (a) shall be deemed an
accessory use or an accessory building and shall not be considered
to exceed the allowable density for the lot upon which it is located;
(b) shall be deemed a residential use that is consistent with the
existing General Plan and zoning designation for the lot upon which
3.3.a
Packet Pg. 40
Ordinance No. 01 (2021)
4
it is located; and (c) shall not be considered in the application of any
local ordinance, policy, or program to limit residential growth.
(4) Definitions. As used in this section, the following terms shall have
the following meanings:
a. The terms “accessory dwelling unit”, “accessory structure”,
“efficiency unit”, “living area”, “nonconforming zoning
condition”, “passageway”, “proposed dwelling”, “public transit”,
and “tandem parking” all have the same meaning as that stated
in Government Code section 65852.2 as that section may be
amended from time to time. The terms “accessory dwelling
unit” and “ADU” shall have the same meaning.
b. The term “junior accessory dwelling unit” shall have same
meaning as that stated in Government Code section
65852.22(h)(1) as that section may be amended from time to
time. The terms “junior accessory dwelling unit” and “JADU”
shall have the same meaning.
c. The term “attached ADU” means an ADU, other than a
converted ADU, that is physically attached to a primary dwelling
structure.
d. The term “detached ADU” means an ADU, other than a
converted ADU, that is physically separated from, but located
on the same lot as, a primary dwelling structure.
e. The term “converted ADU” means an ADU that is constructed
within all or a portion of the permitted existing interior space of
an accessory structure or within all or a portion of the permitted
existing interior space of a dwelling structure, including
bedrooms, attached garages, storage areas, or similar uses. A
converted ADU also includes an ADU that is constructed in the
same location and to the same dim ensions as a permitted
existing structure or portion of a permitted existing structure.
(5) Areas Allowed.
a. ADUs. ADUs conforming to the provisions in this section may
be located on any lot in the city that is zoned to allow single -
family or multifamily residential uses and that includes a
proposed or existing legally developed single-family dwelling,
duplex, or multifamily dwelling.
3.3.a
Packet Pg. 41
Ordinance No. 01 (2021)
5
b. JADU. JADUs conforming to the provisions in this section may
be located within a proposed or existing legally developed
single-family dwelling on any lot in the city that is zoned to allow
single-family residential uses.
(6) Number Allowed.
a. Single-Family Lots. No more than one ADU or JADU shall be
allowed on a lot developed or proposed to be developed with a
single-family dwelling; provided, however, that a single-family
lot may have both one JADU and either (i) one ADU located
within the proposed space of a single-family dwelling or within
the existing space of a single-family dwelling or accessory
structure, or (ii) one detached, new construction, ADU not
exceeding 800 square feet in total floor area.
b. Multifamily Lots. Multifamily lots may have either up to two
detached ADUs or multiple converted ADUs as follows:
i. No more than a total of two (2) detached ADUs may be
constructed on a lot developed or proposed to be
developed with one or more multifamily dwelling
structures.
ii. On lots with no detached ADUs, one (1) or more converted
ADUs may be constructed within portions of existing
multifamily dwelling structures that are not used as livable
space. No converted ADUs may be constructed within the
existing livable space of a multifamily structure. The
number of ADUs permitted under this subsection shall not
exceed twenty-five (25) percent of the existing multifamily
dwelling units on the lot. For the purpose of calculating the
number of allowable accessory dwelling units: (a)
previously approved ADUs shall not count towards the
existing number of multifamily dwelling units; and (b)
fractions shall be rounded down to the next lower number
of dwelling units, except that at least one (1) converted
ADU shall be allowed.
iii. Detached ADUs may not be combined on the same
multifamily lot with converted ADUs.
(7) ADU Standards and Criteria.
a. Development Standards. Except as modified by this
subsection or as otherwise provided by state law, an ADU
shall conform to the height, setback, landscaping, lot
3.3.a
Packet Pg. 42
Ordinance No. 01 (2021)
6
coverage, and other development standards applicable to
the lot on which it is located, as set forth in the
Development Code and/or in an applicable specific plan or
planned development ordinance or resolution.
Notwithstanding the foregoing, when the application of a
development standard related to floor area ratio, lot
coverage, open-space, or minimum lot size would prohibit
the construction of an attached or detached ADU of at
least 800 square feet, such standard shall be waived to the
extent necessary to allow construction of an ADU of up to
800 square feet.
b. Orientation to Primary Dwelling Structure. Except as
otherwise provided by state law, or where development of
a detached ADU on a single-family lot would otherwise be
infeasible, a new detached ADU shall be located no closer
to the street fronting the primary dwelling structure than
the primary dwelling structure itself.
c. Access. An attached or converted ADU shall maintain
independent exterior access from the proposed or existing
primary dwelling structure. Such access shall not be
located on the front of the primary dwelling structure or
face the street on which the primary dwelling fronts.
d. Passageway. No passageway shall be required in
conjunction with the construction of an ADU.
e. Setbacks.
i. Side and Rear Yard Setbacks. Minimum setbacks of
no less than four (4) feet from the side and rear lot
lines are required for new attached and detached
ADUs.
ii. Converted ADUs. No setbacks are required for
converted ADUs, provided the side and rear setbacks
of the existing converted structure are sufficient for
fire and safety, as dictated by current applicable
uniform building and fire codes.
f. Building Separation.
i. A minimum separation of six (6) feet is required
between a detached ADU and the primary dwelling
unit.
3.3.a
Packet Pg. 43
Ordinance No. 01 (2021)
7
ii. A minimum separation of six (6) feet is required
between an attached or detached ADU and all other
freestanding accessory structures, including
freestanding garages, on the property.
iii. Building separation requirements do not apply to
converted ADUs that do not include an expansion of
floor area of the existing structure.
g. Minimum ADU Size. An ADU shall have a minimum floor
area of at least 220 square feet.
h. Maximum ADU Size.
i. Attached ADUs: The total floor area of an attached
ADU shall not exceed the following:
1. Studio or one bedroom: 850 square feet or fifty
percent (50%) of the floor area of the primary
dwelling unit, whichever is less; provided,
however, that if the size of the primary dwelling
unit is less than 1,600 square feet, an attached
ADU may have a total floor area of up to 800
square feet.
2. Two or more bedrooms: 1,000 square feet or fifty
percent (50%) of the floor area of the primary
dwelling unit, whichever is less; provided,
however, that if the size of the primary dwelling
unit is less than 1,600 square feet, an attached
ADU may have a total floor area of up to 800
square feet.
ii. Detached ADUs: The total floor area of a detached
ADU shall not exceed the following:
1. Studio or one bedroom: 850 square feet.
2. Two or more bedrooms: 1,000 square feet.
3. Notwithstanding the foregoing, where a
detached ADU and a JADU are combined on the
same lot, the total floor area of the detached
ADU shall not exceed 800 square feet.
3.3.a
Packet Pg. 44
Ordinance No. 01 (2021)
8
iii. Converted ADUs: The maximum size limitations set
forth in this subsection do not apply to converted ADUs
that do not increase the existing floor area of a
structure. In addition, a converted ADU created within
an existing accessory structure may include an
expansion of not more than 150 square feet beyond the
physical dimensions as the existing accessory
structure to the extent necessary to accommodate
ingress and egress.
iv. Patios and Porches. An attached or detached ADU
may include an attached covered patio and/or porch,
which, if provided, shall be integrated into the design of
the ADU and shall not exceed 60 square feet in size.
Such a patio or porch shall not be considered in
calculating the floor area of the ADU for purposes of
the above maximum unit size limitations.
i. Height.
i. New attached and detached ADUs shall be one story,
constructed at ground level, and shall not exceed
sixteen (16) feet in height as measured from the
finished grade to the highest area of the roofline.
ii. Converted ADUs are not subject to a height limitation.
j. Exterior Design. An ADU shall match the architectural
style and design features of the primary residential
structure, including, but not limited to:
i. Exterior finishes: Materials, colors, surface
treatments and details;
ii. Roofing: Type, pitch and materials;
iii. Proportion and form; and
iv. Windows: Type, forms, and dimensional ratios.
k. Recreational Vehicles. Neither the primary residence nor
the proposed ADU shall be a recreational vehicle.
l. Off-Street Parking.
3.3.a
Packet Pg. 45
Ordinance No. 01 (2021)
9
i. One additional off-street parking space must be
provided for a new attached or detached ADU. This
parking space shall be accessible from the existing
driveway approach, and may be provided in setback
areas or as tandem parking on a driveway, unless
specific findings are made by the director that parking
in setback areas or tandem parking is not feasible
based upon specific site or regional topographical or
fire and life safety concerns. An existing driveway may
be widened to accommodate the one off-street parking
space pursuant to section 22.30.080.
ii. Notwithstanding the foregoing, an additional off-street
parking space is not required to be provided in the
following instances:
1. If the ADU is located within one-half mile walking
distance of public transit.
2. If the ADU is located within a historic district.
3. If the ADU is part of the proposed or existing
primary residence or an accessory structure;
4. When on-street parking permits are required but
not offered to the occupant of the ADU.
5. When there is a car share vehicle located within
one block of the ADU.
6. If the ADU is a detached ADU that has a total
floor area of 800 square feet or less.
7. If the ADU is located on a lot developed or
proposed to be developed with one or more
multifamily dwelling structures.
iii. The parking space required for a new attached or
detached ADU is in addition to the parking spaces
required for the primary dwelling. However, when a
garage, carport, or covered parking structure is
demolished in conjunction with the construction of an
ADU or converted to an ADU, those off-street parking
spaces are not required to be replaced.
3.3.a
Packet Pg. 46
Ordinance No. 01 (2021)
10
m. Utility Service. Utilities serving an ADU (e.g., electricity,
gas, sewer, and water) shall be common to and dependent
on the primary residence. An ADU shall not be provided
with separate metered utilities, unless otherwise required
by applicable building, fire or electrical code provisions.
For any ADU using septic facilities allowed by the
California Regional Water Quality Control Board and the
city, written certification of acceptability and approval by
the local health officer shall be submitted.
n. Impact Fees. Construction of an ADU is subject to
applicable development impact fees adopted by the City
pursuant to California Government Code, Title 7, Division
1, Chapter 5 (commencing with § 66000) and Chapter 7
(commencing with § 66012). No impact fee is required for
an ADU that is less than 750 square feet in size. Any
impact fee that is required for an ADU that is 750 square
feet or more in size shall be charged proportionately in
relation to the square footage of the primary dwelling. For
purposes of this section, “impact fee” does not include any
planning application fee, plan check fee, or building permit
fee that is otherwise applicable.
(8) Standards and Criteria Applicable to JADUs.
a. Footprint. A JADU may only be constructed within the
walls of a proposed or existing single-family dwelling,
including an existing attached garage.
b. Unit Size. A JADU shall not exceed 500 square feet in size.
c. Separate Entrance. A JADU must include a separate
entrance from the main entrance of the proposed or
existing single-family residence in which it is located.
d. Kitchen Requirements. A JADU must include an efficiency
kitchen, including a cooking facility with hookups for
appliances, and a food preparation counter and storage
cabinets that are of reasonable size in relation to the size
of the JADU.
e. Bathroom Facilities. A JADU may include separate
sanitation facilities or may share sanitation facilities with
the proposed or existing single-family dwelling in which it
is located.
3.3.a
Packet Pg. 47
Ordinance No. 01 (2021)
11
f. Parking. No additional off-street parking is required for a
JADU beyond that required at the time the existing primary
dwelling was constructed. However, when an existing
attached garage is converted to a JADU, any required off-
street parking spaces for the primary dwelling that are
eliminated as a result of the conversion shall be replaced.
These replacement parking spaces may be located in any
configuration on the same lot, including, but not limited to,
as covered spaces, uncovered spaces, or tandem spaces.
g. Fire Protection. For purposes of any fire or life protection
ordinance or regulation, a JADU shall not be considered a
separate or new dwelling unit.
h. Utility Service. For purposes of providing service for water,
sewer, or power, including a connection fee, a JADU shall
not be considered a separate or new dwelling unit. A
JADU shall be served by the same water, sewer, and other
utility connections serving the primary single-family
dwelling in which it is located, and no separate utility
meters shall be permitted for a JADU.
(9) Other Requirements.
a. No Separate Conveyance. Except as otherwise provided
in Government Code section 65852.26 or by other
applicable law, an ADU or JADU may be rented separate
from the primary residence, but may not be owned, sold or
otherwise conveyed separate from the primary residence,
and a lot shall not be subdivided in any manner that would
authorize such separate sale, conveyance, or ownership.
b. No Short-Term Rental Permitted. An ADU or JADU may
be rented, although rental is not required. Any rental term
of an ADU or JADU that is legally created after June 1,
2017 shall be longer than 30 days.
c. Owner Occupancy.
i. ADUs. Owner-occupancy of a lot on which an ADU
is located is not required.
ii. JADUs. An owner of record of the single-family lot
upon which a JADU is located shall occupy either the
JADU or the remaining portion of the primary single -
family dwelling as his/her/their principal residence. In
3.3.a
Packet Pg. 48
Ordinance No. 01 (2021)
12
the event owner occupancy of the property ceases,
the JADU shall automatically become unhabitable
space, shall not be used as a separate dwelling unit,
and shall not be separately rented or leased for any
purpose.
d. Recorded Covenant. Prior to the issuance of a building
permit for an ADU or a JADU, the owner(s) of record of the
property shall provide to the director a copy of a covenant
agreement, declaration of restrictions, or similar deed
restriction recorded against the property, which is in a form
prepared by and/or acceptable to the director. The deed
restriction shall run with the land and shall bind all future
owners, heirs, successors, or assigns; shall contain
restrictions pertaining to ownership and conveyance,
rental, owner occupancy, and the size and attributes of the
ADU / JADU that conform to this section; and shall provide
that it may not be modified or terminated without the prior
written consent of the director.
(10) Permit Application and Review Procedures.
a. Building Permit Required. A building permit is required
prior to construction of an ADU or JADU. Except as
otherwise provided in this section or by state law, all
building, fire, and related code requirements applicable to
habitable dwellings apply to ADUs and JADUs. However,
fire sprinklers shall not be required if they are not required
for the primary dwelling.
b. Application. Prior to the issuance of a building permit for
an ADU or JADU, the applicant shall submit an application
on a form prepared by the City, along with all information
and materials prescribed by such form. No application
shall be accepted unless it is completed as prescribed and
is accompanied by payment for all applicable fees.
c. Review. The director shall consider and approve or
disapprove a complete application for an ADU or JADU
ministerially without discretionary review or public hearing
within sixty (60) days from the date the City receives a
complete application. Review is limited to whether the
proposed ADU or JADU complies with the requirements of
this section and/or state law, as applicable. If an applicant
requests a delay in processing the application, the time
period for the director to review of an application shall be
3.3.a
Packet Pg. 49
Ordinance No. 01 (2021)
13
tolled for the period of the requested delay. If the
application to create an ADU or a JADU is submitted with
an application to create a new single-family dwelling on the
lot, the director may delay acting on the application for the
ADU or the JADU until the City acts on the application to
create the new single-family dwelling, but the application
to create the ADU or JADU will still be considered
ministerially without discretionary review or a hearing.
d. Zoning Conformity. The City shall not require the
correction of nonconforming zoning conditions as a
condition of approval of a permit application for the
creation of an ADU or JADU.
e. Conformity with State Law. The City shall not apply any
requirement or development standard provided for in this
section to an ADU or a JADU to the extent prohibited by
any provision of state law, including, but not limited to,
subdivision (e)(1) of Government Code section 65852.2.
Section 4. If any section, subsection, subdivision, sentence, clause, phrase, or
portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the
decision of any court of competent jurisdiction, such decision shall not affect the validity
of the remaining portions of this Ordinance. The City Council hereby declares that it
would have adopted this Ordinance and each section, subsection, subdivision, sentence,
clause, phrase, or portion thereof, irrespective of the fact that any one or more section,
subsection, subdivision, sentence, clause, phrase, or portion thereof be declared invalid
or unconstitutional.
Section 5. Pursuant to Government Code §36937 this Ordinance shall take effect
30 days after adoption by the City Council. The City Clerk is directed to certify the
passage and adoption of this Ordinance; cause it to be entered into the Cit y of Diamond
Bar’s book of original ordinances; make a note of the passage and adoption in the records
of this meeting; and, within fifteen (15) days after the passage and adoption of this
Ordinance, cause it to be published or posted in accordance with California law.
PASSED, APPROVED and ADOPTED this 20th day of July, 2021.
THE CITY OF DIAMOND BAR:
____________________________
Nancy A. Lyons, Mayor
3.3.a
Packet Pg. 50
Ordinance No. 01 (2021)
14
ATTEST:
I, Kristina Santana, City Clerk of the City of Diamond Bar, California, do hereby certify
that the foregoing Ordinance was introduced at the regular meeting of the City Council
held on the 6th day of July, 2021, and was duly passed and adopted at a regular meeting
of the City Council of the City of Diamond Bar held on the 20th day of July, 2021, by the
following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
____________________________
Kristina Santana, City Clerk
3.3.a
Packet Pg. 51
Agenda #: 4.3
Meeting Date: July 6, 2021
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: INTRODUCTION OF ORDINANCE NO. 01(2021) AMENDING
SECTIONS 22.08.040 (RESIDENTIAL ZONING DISTRICT GENERAL
DEVELOPMENT STANDARDS), 22.42.110 (RESIDENTIAL
ACCESSORY USES AND STRUCTURES), AND 22.42.120
(ACCESSORY DWELLING UNITS) OF TITLE 22 OF THE DIAMOND
BAR MUNICIPAL CODE PERTAINING TO ACCESSORY DWELLING
UNITS AND JUNIOR ACCESSORY DWELLING UNITS IN
ACCORDANCE WITH STATE LAW.
STRATEGIC
GOAL:
Safe, Sustainable & Healthy Community
RECOMMENDATION:
Introduce first reading by title only, waive full reading of Ordinance 01 (2021), open
Public Hearing to receive public testimony, and schedule for second reading and
adoption at the July 20, 2021 City Council meeting.
FINANCIAL IMPACT:
None.
BACKGROUND:
In response to California’s housing crisis, the Governor signed legislation in 2019 and
2020 to further encourage the development of accessory dwelling units (ADUs) and
“junior” ADUs (JADUs). These laws further limit the extent to which local zoning
ordinances can regulate the development of ADUs and JADUs. The proposed
amendments to the Development Code are necessary to enable the City to regulate
accessory dwelling units (ADUs) and junior accessory dwelling units (JA DUs) in a
manner consistent with, and to the extent permissible under current State law.
An ADU is an attached or detached residential dwelling unit that provides complete
independent living facilities for one or more persons, and which is located on the same
4.3
Packet Pg. 249
3.3.b
Packet Pg. 52
parcel as the main residence. The unit typically includes permanent provisions for
living, sleeping, eating, cooking, and sanitation.
The California Legislature has long recognized ADUs as a valuable affordable housing
option for single-family neighborhoods, and State law (Government Code
Sections 65852.150–65852.2) places certain limitations on the City’s authority to
regulate ADUs. Cities may not completely prohibit ADUs within their jurisdictions, but
State law has historically allowed cities to designate areas where ADUs are appropriate
and to impose reasonable parking, height, setback, lot coverage, size, and other
development standards on ADUs, so long as such requirements are not so arbitrary,
excessive, or burdensome so as to unreasonably restrict the ability of homeowners to
create ADUs in zones in which they are authorized. Since 2003, State law has also
required cities to approve ADUs ministerially (i.e., without a hearing).
In 2016, SB 1069 and AB 2299 were signed into law, amending Gove rnment Code
Sections 65852.150 and 65852.2, and enacting the most significant changes to the
ADU statutes since 2003. These laws took effect on January 1, 2017, and were
intended to address the State’s housing shortage by easing development restrictions
that cities and counties may place on ADUs. In May 2017, the City amended its
Development Code to ensure continued consistency with State law, and to enable the
City to regulate ADUs to the extent allowable pursuant to the amended State law.
At the end of 2019, the Legislature passed several bills (SB 13, AB 881, AB 68(1), AB
587, AB 670 and AB 671), which placed additional limitations on local agencies’
authority to regulate ADUs. These new laws took effect on January 1, 2020, and are
codified under Government Code Sections 65852.2 and 65852.22. In 2020, the
legislature passed AB 3182 (effective January 1, 2021), which further reduces
regulatory barriers, and streamlines approval processes to facilitate the development of
ADUs and JADUs. These bills are codified under Government Code Sections 65852.2,
65852.22, 65852.26, 65583(c)(7); Civil Code Sections 4740 and 4741; and Health and
Safety Code Section 17980.12 (Attachment 5).
To retain local control over the limited scope of land use standards that the latest round
of ADU legislation allows public agencies to regulate, the City must amend the
Development Code to be consistent with the new State laws.
Development Code Amendment Process
Before the City Council adopts an ordinance to amend the Developm ent Code, the
Planning Commission must first conduct a public hearing to consider the proposed
amendments. The Commission then forwards its recommendations via a resolution
advising the Council whether or not the proposed amendments should be adopted.
Planning Commission Review
On June 8, 2021, after conducting a duly noticed public hearing, the Planning
Commission adopted Resolution no. 2021-07 recommended, by a 4-1 vote, that the City
Council adopt the attached ordinance amending Title 22 (Attachment 2). Commissioner
Wolfe cast the dissenting vote to protest what he saw as overreach by the state to
4.3
Packet Pg. 250
3.3.b
Packet Pg. 53
preempt local land use authority. The staff report and meeting minutes from that
meeting are attached to this report as Attachments 3 and 4 respectively.
No public comments were received prior to or during the Planning Commission hearing.
ANALYSIS:
Summary of Changes to State ADU Laws
The most noteworthy changes from the latest round of ADU legislation are summarized
below:
• Jurisdictions can no longer require a minimum lot size for ADUs.
• ADUs may be developed on any lot that is zoned to allow single-family or multifamily
residential uses, provided that a single-family dwelling, duplex, or multifamily
dwelling legally exists or is proposed on that lot.
• Local agencies may no longer prohibit JADUs. JADUs are created by converting
space within an existing home into a separate living unit with a separate sleeping
and kitchen facilities. JADUs are limited to 500 square feet in size, and may either
have a separate bathroom or may share bathroom facilities with the primary
dwelling.
• One ADU and one JADU (a total of 3 separate housing units, including the primary
unit) must be allowed on a residential lot, with limited exceptions.
• Jurisdictions may not require a side or rear yard setback greater than four feet for
ADUs.
• There are fewer opportunities to regulate the size of ADUs. The maximum size may
not be less than 850 square feet for attached and detached studio and one-bedroom
ADUs, and may not be less than 1,000 square feet for ADUs with two or more
bedrooms. In practice, an ADU might be limited to less than these maximums
because other development standards, such as lot coverage, may prevail. However,
local agencies are prohibited from imposing development standards that would not
allow for an ADU of up to 800 square feet.
• Owner-occupancy requirements are suspended for ADUs approved between
January 1, 2020, and January 1, 2025. For JADUs, the property owner must reside
in either the main unit or the JADU.
• When ADUs are created through the conversion of a garage, carport or covered
parking structure, replacement of off-street parking spaces cannot be required.
• ADU/JADU applications must now be acted upon within 60 days of receiving a
complete application or they shall be deemed approved. Previously, the deadline for
local agencies to approve or deny such applications was 120 days.
• ADUs and JADUs may be counted toward satisfying the Regional Housing Needs
Assessment (RHNA) allocation.
• Local agencies must submit their ADU ordinances to the California Department of
Housing and Community Development (HCD) within 60 days of adoption. HCD may
4.3
Packet Pg. 251
3.3.b
Packet Pg. 54
submit written findings to an agency as to whether the ordinance complies with State
law. If HCD finds that it does not comply, the agency is given 30 days to respond.
The agency shall consider HCD’s findings and may either change the ordinance to
comply, or make findings as to why the ordinance complies despite HCD’s findings.
If the agency’s response does not satisfy HCD, HCD can notify the Attorney General
that the ordinance is in violation of State law.
• Homeowners associations are prevented from enforcing any CC&Rs or rules that
effectively prohibit or unreasonably restrict the construction or use of an ADU or
JADU.
Summary of Proposed Development Code Amendments
Section 22.08.040 (Table 2-4) (Residential zoning district general development
standards) – A note was added in the residential development standard table to refer to
Section 22.42.120 for minimum setbacks required for ADUs.
Section 22.42.110 (Residential accessory uses and structures) – Since ADUs are
considered “accessory structures,” a note was added referring to Section 22.42.120 for
ADU and JADU standards.
Section 22.42.120 (Accessory dwelling units)
This section was repealed in its entirety and replaced with a new section to comply with
current State ADU regulations.
California Department of Housing and Community Development Review
As noted above, after the adoption of an ordinance, HCD reviews and submits written
findings to the local agency as to whether the ordinance complies with Government
Code Section 65852.2 (h)(1). HCD does provide the opportunity for local agencies to
submit a draft of the ordinance for review prior to adoption. Staff provided a co py of the
ordinance to HCD for review, and on April 19, 2021, received a tentative determination
that the ordinance conforms to HCD’s interpretation of State law.
ENVIRONMENTAL REVIEW:
It has been determined that the proposed Development Code Amendment i s not subject
to the California Environmental Quality Act (“CEQA”) pursuant to Public Resources
Code Section 21080.17 (CEQA does not apply to the adoption of an ordinance by a city
or county to implement the provisions of Section 65852.2 of the Government Code) and
CEQA Guidelines Section 15061(b)(3) (it can be seen with certainty that there is no
possibility that the activity in question may have a significant effect on the environment)
and because the proposed Development Code Amendments pertain to the re gulation of
activities that are themselves categorically exempt from CEQA pursuant to Sections
15301 and 15303 of the CEQA Guidelines. Therefore, no further environmental review
is required.
NOTICE OF PUBLIC HEARING:
4.3
Packet Pg. 252
3.3.b
Packet Pg. 55
Notice for this hearing was published in the San Gabriel Valley Tribune newspaper on
June 25, 2021, in a 1/8-page display. Pursuant to Planning and Zoning Law
Government Code Section 65091(a)(4), if the number of property owners to whom a
public hearing notice would be mailed is greater than 1,000, a local agency may provide
notice by placing a display advertisement of at least 1/8 page in one newspaper of
general circulation. A copy of the public notice was also posted at the City’s designated
community posting sites.
LEGAL REVIEW:
The City Attorney has reviewed and approved the proposed Ordinance as to form.
PREPARED BY:
REVIEWED BY:
Attachments:
1. 4.3.a Draft Ordinance No. 01 (2021)
2. 4.3.b Planning Commission Resolution No. 2021-07
3. 4.3.c Planning Commission Staff Report (attachments not included) Dated June
8, 2021
4. 4.3.d Planning Commission Meeting Minutes Dated June 8, 2021
5. 4.3.e Tracked Amendments to State ADU Law
4.3
Packet Pg. 253
3.3.b
Packet Pg. 56
Ordinance No. 01 (2021)
1
ORDINANCE NO. 01 (2021)
AN ORDINANCE OF THE CITY OF DIAMOND BAR, CALIFORNIA,
AMENDING SECTIONS 22.08.040 (RESIDENTIAL ZONING DISTRICT
GENERAL DEVELOPMENT STANDARDS), 22.42.110 (RESIDENTIAL
ACCESSORY USES AND STRUCTURES), AND 22.42.120
(ACCESSORY DWELLING UNITS) OF TITLE 22 (DEVELOPMENT
CODE) OF THE DIAMOND BAR MUNICIPAL CODE TO ENACT
UPDATED REGULATIONS PERTAINING TO ACCESSORY DWELLING
UNITS AND JUNIOR ACCESSORY DWELLING UNITS IN
ACCORDANCE WITH STATE LAW.
WHEREAS, the California Legislature has long recognized accessory dwelling
units (“ADUs”) as a valuable affordable housing option for single -family neighborhoods,
and Government Code Sections 65852.150–65852.2 place certain limitations on the
authority of local governments to regulate ADUs; and
WHEREAS, on January 1, 2017, SB 1069 and AB 2299 took effect, amending
Government Code Sections 65852.150 and 65852.2, and enacting the most significant
changes to the ADU statutes since 2003. In May 2018, the City amended its Development
Code to ensure continued consistency with State law, and to enab le the City to regulate
ADUs to the extent allowable pursuant to the amended State law ; and
WHEREAS, in 2020 and 2021, SB 13, AB 881, AB 68(1), AB 587, AB 670, AB 671
and AB 3182 took effect, amending Government Code Sections 65852.2 and 65852.22,
65852.26 and 65583(c)(7); Civil Code Sections 4740 and 4741; and Health and Safety
Code Section 17980.12. These new laws further reduce regulatory barriers and
streamline approval processes to facilitate the development of ADUs, and further limit the
authority of local agencies to regulate ADUs; and
WHEREAS, to retain local control over the limited scope of land use standards
that the latest round of ADU legislation allows public agencies to regulate, the City must
amend the Development Code to be consistent with the new State laws; and
WHEREAS, on June 8, 2021, the Planning Commission held a duly noticed public
hearing regarding proposed amendments to the Development Code pertaining to
accessory dwelling units and junior accessory dwelling units, Planning Case No. PL2020-
61, and adopted Resolution No. 202 1-07 recommending City Council approval of said
Development Code Amendments; and
WHEREAS, on July 6, 2021, the City Council held a duly noticed public hearing
regarding the proposed Municipal Code Amendment; and
WHEREAS, the City Council finds that this Ordinance is not subject to the
California Environmental Quality Act (“CEQA”) pursuant to Public Resources Code
Section 21080.17 (CEQA does not apply to the adoption of an ordinance b y a city or
4.3.a
Packet Pg. 254
3.3.b
Packet Pg. 57
Ordinance No. 01 (2021)
2
county to implement the provisions of Section 65852.2 of the Government Code) and
CEQA Guidelines Section 15061(b)(3) (it can be seen with certainty that there is no
possibility that the activity in question may have a significant effect on the environment)
and because the proposed Development Code Amendments pertain to the regulation of
activities that are themselves categorically exempt from CEQA pursuant to Sections
15301 and 15303 of the CEQA Guidelines; and
WHEREAS, the City Council hereby adopts the facts and reasons stated in
Planning Commission Resolution No. 2021-07, a copy of which is on file with the City
Clerk and which is incorporated herein by reference with the same force and effect as if
set forth in full.
NOW, THEREFORE, the City Council of the City of Diamond Bar hereby ordains
as follows:
Section 1. Section 22.08.040 (Residential zoning district general development
standards) of Title 22, Chapter 22.08 of the Diamond Bar Municipal Code is hereby
amended to revise Table 2-4 to add a reference pertaining to accessory dwelling units
within the row entitled “Setbacks required” as follows (additions shown in
bold/underline):
TABLE 2-4
RESIDENTIAL DISTRICT GENERAL DEVELOPMENT STANDARDS
Requirement by Zoning District
Development
Feature
RR RL RLM RM RMH RH RH-30
… … … … … … … …
Setbacks
required
Minimum setbacks
required for structures. See
section 22.16.090 for
setback measurement,
allowed projections into
setbacks, and exceptions
to setbacks. See section
22.22.080(b)(6) for setback
measurement in hillside
areas. See section
22.42.120 for minimum
setbacks required for
accessory dwelling units.
Minimum setbacks required for
structures. See section
22.16.090 for setback
measurement, allowed
projections into setbacks, and
exceptions to setbacks. See
section 22.42.120 for
minimum setbacks required
for accessory dwelling units.
… … … … … … … …
4.3.a
Packet Pg. 255
3.3.b
Packet Pg. 58
Ordinance No. 01 (2021)
3
Section 2. 22.42.110 (Residential accessory uses and structures) of Title 22,
Chapter 22.42 of the Diamond Bar Municipal Code is hereby amended to add a reference
to accessory dwelling units and junior accessory dwelling units as follows (additions
shown in bold/underline):
Sec. 22.42.110. – Residential accessory uses and structures.
This section provides standards for specific residential accessory uses
and structures allowed in the zoning district applicable to a parcel (see
section 22.08.030, Residential zone land uses and permit requirements).
Residential accessory uses include any use that is customarily related to a
residence, including, but not limited to, garages, greenhouses, storage
sheds, studios, swimming pools/spas and workshops. The standards
applicable to accessory dwelling units and junior accessory dwelling
units are set forth in Section 22.42.120.
Section 3. Section 22.42.120 (Accessory dwelling units) of Title 22, Chapter 22.42
of the Diamond Bar Municipal Code is repealed in its entirety and replaced with new
Section 22.42.120 to read as follows:
Sec. 22.42.120. - Accessory dwelling units and junior accessory
dwelling units.
The purpose of this section is to provide for the creation of accessory
dwelling units (ADUs) and junior accessory dwelling units (JADUs) in a
manner consistent with state law, in order to provide for additional housing
opportunities for development of low- and moderate-income housing for the
community in keeping with the Housing Element of the Diamond Bar
General Plan.
(1) Applicability. Except as otherwise provided by state law, the
standards and limitations set forth in this section apply to the
development of new ADUs and JADUs in the City.
(2) Interpretation. The provisions of this section shall be interpreted to
be consistent with the provisions of Government Code sections
65852.2 and 65855.22 and shall be applied in a manner that is
consistent with state law.
(3) Effect of Conforming. Consistent with state law, an ADU that
conforms to the provisions of this section (a) shall be deemed an
accessory use or an accessory building and shall not be considered
to exceed the allowable density for the lot upon which it is located;
(b) shall be deemed a residential use that is consistent with the
existing General Plan and zoning designation for the lot upon which
4.3.a
Packet Pg. 256
3.3.b
Packet Pg. 59
Ordinance No. 01 (2021)
4
it is located; and (c) shall not be considered in the application of any
local ordinance, policy, or program to limit residential growth.
(4) Definitions. As used in this section, the following terms shall have
the following meanings:
a. The terms “accessory dwelling unit”, “accessory structure”,
“efficiency unit”, “living area”, “nonconforming zoning
condition”, “passageway”, “proposed dwelling”, “public transit”,
and “tandem parking” all have the same meaning as that stated
in Government Code section 65852.2 as that section may be
amended from time to time. The terms “accessory dwelling
unit” and “ADU” shall have the same meaning.
b. The term “junior accessory dwelling unit” shall have same
meaning as that stated in Government Code section
65852.22(h)(1) as that section may be amended from time to
time. The terms “junior accessory dwelling unit” and “JADU”
shall have the same meaning.
c. The term “attached ADU” means an ADU, other than a
converted ADU, that is physically attached to a primary dwelling
structure.
d. The term “detached ADU” means an ADU, other than a
converted ADU, that is physically separated from, but located
on the same lot as, a primary dwelling structure.
e. The term “converted ADU” means an ADU that is constructed
within all or a portion of the permitted existing interior space of
an accessory structure or within all or a portion of the permitted
existing interior space of a dwelling structure, including
bedrooms, attached garages, storage areas, or similar uses. A
converted ADU also includes an ADU that is constructed in the
same location and to the same dim ensions as a permitted
existing structure or portion of a permitted existing structure.
(5) Areas Allowed.
a. ADUs. ADUs conforming to the provisions in this section may
be located on any lot in the city that is zoned to allow single -
family or multifamily residential uses and that includes a
proposed or existing legally developed single-family dwelling,
duplex, or multifamily dwelling.
4.3.a
Packet Pg. 257
3.3.b
Packet Pg. 60
Ordinance No. 01 (2021)
5
b. JADU. JADUs conforming to the provisions in this section may
be located within a proposed or existing legally developed
single-family dwelling on any lot in the city that is zoned to allow
single-family residential uses.
(6) Number Allowed.
a. Single-Family Lots. No more than one ADU or JADU shall be
allowed on a lot developed or proposed to be developed with a
single-family dwelling; provided, however, that a single-family
lot may have both one JADU and either (i) one ADU located
within the proposed space of a single-family dwelling or within
the existing space of a single-family dwelling or accessory
structure, or (ii) one detached, new construction, ADU not
exceeding 800 square feet in total floor area.
b. Multifamily Lots. Multifamily lots may have either up to two
detached ADUs or multiple converted ADUs as follows:
i. No more than a total of two (2) detached ADUs may be
constructed on a lot developed or proposed to be
developed with one or more multifamily dwelling
structures.
ii. On lots with no detached ADUs, one (1) or more converted
ADUs may be constructed within portions of existing
multifamily dwelling structures that are not used as livable
space. No converted ADUs may be constructed within the
existing livable space of a multifamily structure. The
number of ADUs permitted under this subsection shall not
exceed twenty-five (25) percent of the existing multifamily
dwelling units on the lot. For the purpose of calculating the
number of allowable accessory dwelling units: (a)
previously approved ADUs shall not count towards the
existing number of multifamily dwelling units; and (b)
fractions shall be rounded down to the next lower number
of dwelling units, except that at least one (1) converted
ADU shall be allowed.
iii. Detached ADUs may not be combined on the same
multifamily lot with converted ADUs.
(7) ADU Standards and Criteria.
a. Development Standards. Except as modified by this
subsection or as otherwise provided by state law, an ADU
shall conform to the height, setback, landscaping, lot
4.3.a
Packet Pg. 258
3.3.b
Packet Pg. 61
Ordinance No. 01 (2021)
6
coverage, and other development standards applicable to
the lot on which it is located, as set forth in the
Development Code and/or in an applicable specific plan or
planned development ordinance or resolution.
Notwithstanding the foregoing, when the application of a
development standard related to floor area ratio, lot
coverage, open-space, or minimum lot size would prohibit
the construction of an attached or detached ADU of at
least 800 square feet, such standard shall be waived to the
extent necessary to allow construction of an ADU of up to
800 square feet.
b. Orientation to Primary Dwelling Structure. Except as
otherwise provided by state law, or where development of
a detached ADU on a single-family lot would otherwise be
infeasible, a new detached ADU shall be located no closer
to the street fronting the primary dwelling structure than
the primary dwelling structure itself.
c. Access. An attached or converted ADU shall maintain
independent exterior access from the proposed or existing
primary dwelling structure. Such access shall not be
located on the front of the primary dwelling structure or
face the street on which the primary dwelling fronts.
d. Passageway. No passageway shall be required in
conjunction with the construction of an ADU.
e. Setbacks.
i. Side and Rear Yard Setbacks. Minimum setbacks of
no less than four (4) feet from the side and rear lot
lines are required for new attached and detached
ADUs.
ii. Converted ADUs. No setbacks are required for
converted ADUs, provided the side and rear setbacks
of the existing converted structure are sufficient for
fire and safety, as dictated by current applicable
uniform building and fire codes.
f. Building Separation.
i. A minimum separation of six (6) feet is required
between a detached ADU and the primary dwelling
unit.
4.3.a
Packet Pg. 259
3.3.b
Packet Pg. 62
Ordinance No. 01 (2021)
7
ii. A minimum separation of six (6) feet is required
between an attached or detached ADU and all other
freestanding accessory structures, including
freestanding garages, on the property.
iii. Building separation requirements do not apply to
converted ADUs that do not include an expansion of
floor area of the existing structure.
g. Minimum ADU Size. An ADU shall have a minimum floor
area of at least 220 square feet.
h. Maximum ADU Size.
i. Attached ADUs: The total floor area of an attached
ADU shall not exceed the following:
1. Studio or one bedroom: 850 square feet or fifty
percent (50%) of the floor area of the primary
dwelling unit, whichever is less; provided,
however, that if the size of the primary dwelling
unit is less than 1,600 square feet, an attached
ADU may have a total floor area of up to 800
square feet.
2. Two or more bedrooms: 1,000 square feet or fifty
percent (50%) of the floor area of the primary
dwelling unit, whichever is less; provided,
however, that if the size of the primary dwelling
unit is less than 1,600 square feet, an attached
ADU may have a total floor area of up to 800
square feet.
ii. Detached ADUs: The total floor area of a detached
ADU shall not exceed the following:
1. Studio or one bedroom: 850 square feet.
2. Two or more bedrooms: 1,000 square feet.
3. Notwithstanding the foregoing, where a
detached ADU and a JADU are combined on the
same lot, the total floor area of the detached
ADU shall not exceed 800 square feet.
4.3.a
Packet Pg. 260
3.3.b
Packet Pg. 63
Ordinance No. 01 (2021)
8
iii. Converted ADUs: The maximum size limitations set
forth in this subsection do not apply to converted ADUs
that do not increase the existing floor area of a
structure. In addition, a converted ADU created within
an existing accessory structure may include an
expansion of not more than 150 square feet beyond the
physical dimensions as the existing accessory
structure to the extent necessary to accommodate
ingress and egress.
iv. Patios and Porches. An attached or detached ADU
may include an attached covered patio and/or porch,
which, if provided, shall be integrated into the design of
the ADU and shall not exceed 60 square feet in size.
Such a patio or porch shall not be considered in
calculating the floor area of the ADU for purposes of
the above maximum unit size limitations.
i. Height.
i. New attached and detached ADUs shall be one story,
constructed at ground level, and shall not exceed
sixteen (16) feet in height as measured from the
finished grade to the highest area of the roofline.
ii. Converted ADUs are not subject to a height limitation.
j. Exterior Design. An ADU shall match the architectural
style and design features of the primary residential
structure, including, but not limited to:
i. Exterior finishes: Materials, colors, surface
treatments and details;
ii. Roofing: Type, pitch and materials;
iii. Proportion and form; and
iv. Windows: Type, forms, and dimensional ratios.
k. Recreational Vehicles. Neither the primary residence nor
the proposed ADU shall be a recreational vehicle.
l. Off-Street Parking.
4.3.a
Packet Pg. 261
3.3.b
Packet Pg. 64
Ordinance No. 01 (2021)
9
i. One additional off-street parking space must be
provided for a new attached or detached ADU. This
parking space shall be accessible from the existing
driveway approach, and may be provided in setback
areas or as tandem parking on a driveway, unless
specific findings are made by the director that parking
in setback areas or tandem parking is not feasible
based upon specific site or regional topographical or
fire and life safety concerns. An existing driveway may
be widened to accommodate the one off-street parking
space pursuant to section 22.30.080.
ii. Notwithstanding the foregoing, an additional off-street
parking space is not required to be provided in the
following instances:
1. If the ADU is located within one-half mile walking
distance of public transit.
2. If the ADU is located within a historic district.
3. If the ADU is part of the proposed or existing
primary residence or an accessory structure;
4. When on-street parking permits are required but
not offered to the occupant of the ADU.
5. When there is a car share vehicle located within
one block of the ADU.
6. If the ADU is a detached ADU that has a total
floor area of 800 square feet or less.
7. If the ADU is located on a lot developed or
proposed to be developed with one or more
multifamily dwelling structures.
iii. The parking space required for a new attached or
detached ADU is in addition to the parking spaces
required for the primary dwelling. However, when a
garage, carport, or covered parking structure is
demolished in conjunction with the construction of an
ADU or converted to an ADU, those off-street parking
spaces are not required to be replaced.
4.3.a
Packet Pg. 262
3.3.b
Packet Pg. 65
Ordinance No. 01 (2021)
10
m. Utility Service. Utilities serving an ADU (e.g., electricity,
gas, sewer, and water) shall be common to and dependent
on the primary residence. An ADU shall not be provided
with separate metered utilities, unless otherwise required
by applicable building, fire or electrical code provisions.
For any ADU using septic facilities allowed by the
California Regional Water Quality Control Board and the
city, written certification of acceptability and approval by
the local health officer shall be submitted.
n. Impact Fees. Construction of an ADU is subject to
applicable development impact fees adopted by the City
pursuant to California Government Code, Title 7, Division
1, Chapter 5 (commencing with § 66000) and Chapter 7
(commencing with § 66012). No impact fee is required for
an ADU that is less than 750 square feet in size. Any
impact fee that is required for an ADU that is 750 square
feet or more in size shall be charged proportionately in
relation to the square footage of the primary dwelling. For
purposes of this section, “impact fee” does not include any
planning application fee, plan check fee, or building permit
fee that is otherwise applicable.
(8) Standards and Criteria Applicable to JADUs.
a. Footprint. A JADU may only be constructed within the
walls of a proposed or existing single-family dwelling,
including an existing attached garage.
b. Unit Size. A JADU shall not exceed 500 square feet in size.
c. Separate Entrance. A JADU must include a separate
entrance from the main entrance of the proposed or
existing single-family residence in which it is located.
d. Kitchen Requirements. A JADU must include an efficiency
kitchen, including a cooking facility with hookups for
appliances, and a food preparation counter and storage
cabinets that are of reasonable size in relation to the size
of the JADU.
e. Bathroom Facilities. A JADU may include separate
sanitation facilities or may share sanitation facilities with
the proposed or existing single-family dwelling in which it
is located.
4.3.a
Packet Pg. 263
3.3.b
Packet Pg. 66
Ordinance No. 01 (2021)
11
f. Parking. No additional off-street parking is required for a
JADU beyond that required at the time the existing primary
dwelling was constructed. However, when an existing
attached garage is converted to a JADU, any required off-
street parking spaces for the primary dwelling that are
eliminated as a result of the conversion shall be replaced.
These replacement parking spaces may be located in any
configuration on the same lot, including, but not limited to,
as covered spaces, uncovered spaces, or tandem spaces.
g. Fire Protection. For purposes of any fire or life protection
ordinance or regulation, a JADU shall not be considered a
separate or new dwelling unit.
h. Utility Service. For purposes of providing service for water,
sewer, or power, including a connection fee, a JADU shall
not be considered a separate or new dwelling unit. A
JADU shall be served by the same water, sewer, and other
utility connections serving the primary single-family
dwelling in which it is located, and no separate utility
meters shall be permitted for a JADU.
(9) Other Requirements.
a. No Separate Conveyance. Except as otherwise provided
in Government Code section 65852.26 or by other
applicable law, an ADU or JADU may be rented separate
from the primary residence, but may not be owned, sold or
otherwise conveyed separate from the primary residence,
and a lot shall not be subdivided in any manner that would
authorize such separate sale, conveyance, or ownership.
b. No Short-Term Rental Permitted. An ADU or JADU may
be rented, although rental is not required. Any rental term
of an ADU or JADU that is legally created after June 1,
2017 shall be longer than 30 days.
c. Owner Occupancy.
i. ADUs. Owner-occupancy of a lot on which an ADU
is located is not required.
ii. JADUs. An owner of record of the single-family lot
upon which a JADU is located shall occupy either the
JADU or the remaining portion of the primary single -
family dwelling as his/her/their principal residence. In
4.3.a
Packet Pg. 264
3.3.b
Packet Pg. 67
Ordinance No. 01 (2021)
12
the event owner occupancy of the property ceases,
the JADU shall automatically become unhabitable
space, shall not be used as a separate dwelling unit,
and shall not be separately rented or leased for any
purpose.
d. Recorded Covenant. Prior to the issuance of a building
permit for an ADU or a JADU, the owner(s) of record of the
property shall provide to the director a copy of a covenant
agreement, declaration of restrictions, or similar deed
restriction recorded against the property, which is in a form
prepared by and/or acceptable to the director. The deed
restriction shall run with the land and shall bind all future
owners, heirs, successors, or assigns; shall contain
restrictions pertaining to ownership and conveyance,
rental, owner occupancy, and the size and attributes of the
ADU / JADU that conform to this section; and shall provide
that it may not be modified or terminated without the prior
written consent of the director.
(10) Permit Application and Review Procedures.
a. Building Permit Required. A building permit is required
prior to construction of an ADU or JADU. Except as
otherwise provided in this section or by state law, all
building, fire, and related code requirements applicable to
habitable dwellings apply to ADUs and JADUs. However,
fire sprinklers shall not be required if they are not required
for the primary dwelling.
b. Application. Prior to the issuance of a building permit for
an ADU or JADU, the applicant shall submit an application
on a form prepared by the City, along with all information
and materials prescribed by such form. No application
shall be accepted unless it is completed as prescribed and
is accompanied by payment for all applicable fees.
c. Review. The director shall consider and approve or
disapprove a complete application for an ADU or JADU
ministerially without discretionary review or public hearing
within sixty (60) days from the date the City receives a
complete application. Review is limited to whether the
proposed ADU or JADU complies with the requirements of
this section and/or state law, as applicable. If an applicant
requests a delay in processing the application, the time
period for the director to review of an application shall be
4.3.a
Packet Pg. 265
3.3.b
Packet Pg. 68
Ordinance No. 01 (2021)
13
tolled for the period of the requested delay. If the
application to create an ADU or a JADU is submitted with
an application to create a new single-family dwelling on the
lot, the director may delay acting on the application for the
ADU or the JADU until the City acts on the application to
create the new single-family dwelling, but the application
to create the ADU or JADU will still be considered
ministerially without discretionary review or a hearing.
d. Zoning Conformity. The City shall not require the
correction of nonconforming zoning conditions as a
condition of approval of a permit application for the
creation of an ADU or JADU.
e. Conformity with State Law. The City shall not apply any
requirement or development standard provided for in this
section to an ADU or a JADU to the extent prohibited by
any provision of state law, including, but not limited to,
subdivision (e)(1) of Government Code section 65852.2.
Section 4. If any section, subsection, subdivision, sentence, clause, phrase, or
portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the
decision of any court of competent jurisdiction, such decision shall not affect the validity
of the remaining portions of this Ordinance. The City Council hereby declares that it
would have adopted this Ordinance and each section, subsection, subdivision, sentence,
clause, phrase, or portion thereof, irrespective of the fact that any one or more section,
subsection, subdivision, sentence, clause, phrase, or portion thereof be declared invalid
or unconstitutional.
Section 5. Pursuant to Government Code §36937 this Ordinance shall take effect
30 days after adoption by the City Council. The City Clerk is directed to certify the
passage and adoption of this Ordinance; cause it to be entered into the Cit y of Diamond
Bar’s book of original ordinances; make a note of the passage and adoption in the records
of this meeting; and, within fifteen (15) days after the passage and adoption of this
Ordinance, cause it to be published or posted in accordance with California law.
PASSED, APPROVED and ADOPTED this ___ day of ______, 2021.
THE CITY OF DIAMOND BAR:
____________________________
Nancy A. Lyons, Mayor
4.3.a
Packet Pg. 266
3.3.b
Packet Pg. 69
Ordinance No. 01 (2021)
14
ATTEST:
I, Kristina Santana, City Clerk of the City of Diamond Bar, California, do hereby certify
that the foregoing Ordinance was introduced at the regular meeting of the City Council
held on the 6th day of July, 2021, and was duly passed and adopted at a regular meeting
of the City Council of the City of Diamond Bar held on the ___ day of ____, 2021, by the
following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
____________________________
Kristina Santana, City Clerk
4.3.a
Packet Pg. 267
3.3.b
Packet Pg. 70
4.3.b
Packet Pg. 268
3.3.b
Packet Pg. 71
4.3.b
Packet Pg. 269
3.3.b
Packet Pg. 72
4.3.b
Packet Pg. 270
3.3.b
Packet Pg. 73
4.3.b
Packet Pg. 271
3.3.b
Packet Pg. 74
4.3.b
Packet Pg. 272
3.3.b
Packet Pg. 75
4.3.b
Packet Pg. 273
3.3.b
Packet Pg. 76
4.3.b
Packet Pg. 274
3.3.b
Packet Pg. 77
4.3.b
Packet Pg. 275
3.3.b
Packet Pg. 78
4.3.b
Packet Pg. 276
3.3.b
Packet Pg. 79
4.3.b
Packet Pg. 277
3.3.b
Packet Pg. 80
4.3.b
Packet Pg. 278
3.3.b
Packet Pg. 81
4.3.b
Packet Pg. 279
3.3.b
Packet Pg. 82
4.3.b
Packet Pg. 280
3.3.b
Packet Pg. 83
4.3.b
Packet Pg. 281
3.3.b
Packet Pg. 84
4.3.b
Packet Pg. 282
3.3.b
Packet Pg. 85
PLANNING COMMISSION
AGENDA REPORT
AGENDA ITEM NUMBER: 7.1
MEETING DATE: June 8, 2021
CASE/FILE NUMBER: Development Code Amendment Pertaining to
Accessory Dwelling Units and Junior Accessory
Dwelling Units - Planning Case No. PL2020-61
PROJECT LOCATION: Citywide
APPLICATION REQUEST:
APPLICANT:
STAFF RECOMMENDATION:
To amend the following sections of Title 22 of the
Diamond Bar Municipal Code (“Development
Code”) to comply with recently-enacted State
regulations pertaining to accessory dwelling units
and junior accessory dwelling units: 22.08.040,
22.42.110, and 22.42.120 (“Development Code
Amendment No. PL2020-61”).
City of Diamond Bar Community Development
Department
Adopt the attached Resolution recommending
the City Council approve Development Code
Amendment No. PL2020-61.
SUMMARY:
The proposed amendments to the Development Code are necessary to enable the City
to regulate accessory dwelling units (ADUs) and junior accessory dwelling units
(JADUs) in a manner consistent with, and to the extent permissible under current State
law.
BACKGROUND:
An ADU is an attached or detached residential dwelling unit that provides complete
independent living facilities for one or more persons, and which is located on the same
CITY OF DIAMOND BAR ~ 21810 COPLEY DRIVE ~ DIAMOND BAR, CA 91765 ~ TEL. (909) 839-7030 ~ FAX (909) 861-3117
4.3.c
Packet Pg. 283
3.3.b
Packet Pg. 86
Development Code Amendment Pertaining to Accessory Dwelling Units and Junior Accessory Dwelling Units -
Planning Case No. PL2020-61 Page 2 of 5
parcel as the main residence. The unit typically includes permanent provisions for
living, sleeping, eating, cooking, and sanitation.
The California Legislature has long recognized ADUs as a valuable affordable housing
option for single-family neighborhoods, and State law (i.e., Government Code
sections 65852.150 – 65852.2) places certain limitations on the City’s authority to
regulate ADUs. Cities may not completely prohibit ADUs within their jurisdictions, but
State law has historically allowed cities to designate areas where ADUs are appropriate
and to impose reasonable parking, height, setback, lot coverage, size, and other
development standards on ADUs, so long as such requirements are not so arbitrary,
excessive, or burdensome so as to unreasonably restrict the abili ty of homeowners to
create ADUs in zones in which they are authorized. Since 2003, State law has also
required cities to approve ADUs ministerially (i.e., without a hearing).
In 2016, the State Legislature amended Government Code Sections 65852.150 and
65852.2, significantly revising the ADU laws, as set forth in Senate Bill (SB) 1069 and
Assembly Bill (AB) 2299. These laws took effect on January 1, 2017, and were
intended to address the State’s housing shortage by easing development restrictions
that cities and counties may place on ADUs. In May 2017, the City amended its
Development Code pertaining to ADUs to ensure continued consistency with State law,
and to enable the City to regulate ADUs to the extent allowable pursuant to the
amended State law.
At the end of 2019, the Legislature passed several bills (SB 13, AB 881, AB 68(1),
AB 587, AB 670 and AB 671), which placed additional limitations on local agencies’
authority to regulate ADUs. These new laws took effect on January 1, 2020, and are
codified under Government Code Sections 65852.2 and 65852.22. In 2020, the
legislature passed AB 3182 (effective January 1, 2021), which further reduces
regulatory barriers and streamlines approval processes to facilitate the development of
ADUs and JADUs. These bills are codified under Government Code Sections 65852.2,
65852.22, 65852.26, 65583(c)(7); Civil Code Sections 4740 and 4741; and Health and
Safety Code Section 17980.12 (see Attachment B).
To retain local control over the limited scope of land use standards that the latest round
of ADU legislation allows public agencies to regulate, the City must amend the
Development Code to be consistent with the new State laws.
ANALYSIS:
Adoption Process
Before the City Council adopts an ordinance to amend the Development Code, the
Planning Commission must first conduct a public hearing to consider the proposed
amendments. The Commission then forwards its recommendations via a resolution
advising the Council whether or not the proposed amendments should be ado pted.
4.3.c
Packet Pg. 284
3.3.b
Packet Pg. 87
Development Code Amendment Pertaining to Accessory Dwelling Units and Junior Accessory Dwelling Units -
Planning Case No. PL2020-61 Page 3 of 5
Summary of Changes to State ADU Laws
The most noteworthy statewide changes to ADU regulations include, but are not limited
to, the following:
• Jurisdictions can no longer require a minimum lot size for ADUs.
• ADUs may be developed on any lot that is zoned to allow single-family or multifamily
residential uses, provided that a single-family dwelling, duplex, or multifamily
dwelling legally exists or is proposed.
• Two types of ADUs must now be allowed: traditional detached or attached ADUs,
and “junior” ADUs (JADUs). JADUs are created by converting space within an
existing home into a separate living unit with a separate sleeping and kitchen
facilities. JADUs are limited to 500 square feet in size, and may either have a
separate bathroom or may share bathroom facilities with the main house.
• One ADU and one JADU (a total of 3 separate housing units, including the primary
unit) must be allowed on a residential lot, with limited exceptions.
• Jurisdictions may not require a side or rear yard setback that is greater than four feet
for ADUs.
• There are fewer opportunities to regulate the size of the ADU. The maximum size
must be at least 850 square feet for attached and detached studio and one -bedroom
ADUs, and at least 1,000 square feet for two or more bedrooms. In practice, an ADU
might be limited to less than these maximums because of other development
standards, such as lot coverage, may prevail. However, local agencies are
prohibited from imposing development standards that would not allow for an ADU of
up to 800 square feet.
• Owner-occupancy requirements are suspended for ADUs approved between
January 1, 2020, and January 1, 2025. For JADUs, the property owner must reside
in either the main unit or the JADU.
• When ADUs are created through the conversion of a garage, carport or covered
parking structure, replacement of off-street parking spaces cannot be required.
• ADU applications must now be acted upon within 60 days (instead of 120 days) of
receiving a complete application or they shall be deemed approved.
• ADUs or JADUs may be counted toward satisfying Regional Housing Needs
Allocation (RHNA) housing needs.
• Local agencies must submit their ADU ordinances to the California Department of
Housing and Community Development (HCD) within 60 days of adoption. HCD may
submit written findings to an agency as to whether the ordinance complies with State
law. If HCD finds that it does not, the agency is given 30 days to respond before
taking any other action. The agency shall consider HCD’s findings and may either
change the ordinance to comply, or make findings as to why the ordinance complies
despite HCD’s findings. If the agency’s response does not satisfy HCD, HCD can
notify the Attorney General that the agency is in violation of the law.
4.3.c
Packet Pg. 285
3.3.b
Packet Pg. 88
Development Code Amendment Pertaining to Accessory Dwelling Units and Junior Accessory Dwelling Units -
Planning Case No. PL2020-61 Page 4 of 5
• Homeowners associations are prevented from enforcing any CC&Rs or rules that
effectively prohibit or unreasonably restrict the construction or use of an ADU or
JADU.
Proposed Development Code Amendments
Section 22.08.040 (Table 2-4) (Residential zoning district general development
standards) – Note added in the residential development standard table to refer to
Section 22.42.120 for minimum setbacks required for ADUs.
Section 22.42.110 (Residential accessory uses and structures) – Since ADUs are
considered “accessory structures,” a note was added referring to Section 22.42.120 for
ADU and JADU standards.
Section 22.42.120 (Accessory dwelling units)
Repealed in its entirety and replaced with a new section to comply with current State
ADU regulations.
California Department of Housing and Community Development Review
As noted above, after the adoption of an ordinance, HCD reviews and submits written
findings to the local agency as to whether the ordinance complies with Government
Code Section 65852.2 (h)(1). HCD does provide the opportunity for local agencies to
submit a draft of the ordinance for review prior to adoption. Staff provided a copy of the
ordinance to HCD for review, and on April 19, 2021, received a tentative determination
that the ordinance conforms to HCD’s interpretation of State law.
ENVIRONMENTAL REVIEW:
The City has determined that the proposed Development Code Amendment is not
subject to the California Environmental Quality Act (“CEQA”) pursuant to Public
Resources Code Section 21080.17 (CEQA does not apply to the adoption of an
ordinance by a city or county to implement the provisions of Section 65852.2 of the
Government Code) and CEQA Guidelines Section 15061(b)(3) (it can be seen with
certainty that there is no possibility that the activity in question may have a significant
effect on the environment) and because the proposed Development Code Amendments
pertain to the regulation of activities that are themselves categorically exempt from
CEQA pursuant to Sections 15301 and 15303 of the CEQA Guidelines . Therefore, no
further environmental review is required.
NOTICE OF PUBLIC HEARING:
Notice for this hearing was published in the San Gabriel Valley Tribune newspaper on
May 28, 2021, in a 1/8-page display. Pursuant to Planning and Zoning Law
Government Code Section 65091(a)(4), if the number of property owners to whom a
public hearing notice would be mailed is greater than 1,000, a local agency may provide
4.3.c
Packet Pg. 286
3.3.b
Packet Pg. 89
Development Code Amendment Pertaining to Accessory Dwelling Units and Junior Accessory Dwelling Units -
Planning Case No. PL2020-61 Page 5 of 5
notice by placing a display advertisement of at least 1/8 page in one newspaper of
general circulation. A copy of the public notice was also posted at the City’s designated
community posting sites.
RECOMMENDATION:
Staff recommends that the Planning Commission adopt a Resolution recommending
approval of Development Code Amendment (Planning Case No. PL2020-61) to the City
Council.
PREPARED BY:
REVIEWED BY:
Attachments:
A. Draft Planning Commission Resolution No. 2021-XX (Recommending Approval
of Development Code Amendment)
B. Redline/strikeout version of amendments to State ADU law
4.3.c
Packet Pg. 287
3.3.b
Packet Pg. 90
4.3.d
Packet Pg. 288
3.3.b
Packet Pg. 91
4.3.d
Packet Pg. 289
3.3.b
Packet Pg. 92
4.3.d
Packet Pg. 290
3.3.b
Packet Pg. 93
4.3.d
Packet Pg. 291
3.3.b
Packet Pg. 94
23
Attachment 1: Statutory Changes (Strikeout/Italics and Underline)
GOV. CODE: TITLE 7, DIVISION 1, CHAPTER 4, ARTICLE 2
Combined changes from (AB 3182 Accessory Dwelling Units)
and (AB 881, AB 68 and SB 13 Accessory Dwelling Units)
(Changes noted in strikeout, underline/italics)
Effective January 1, 2021, Section 65852.2 of the Government Code is amended to read:
65852.2.
(a) (1) A local agency may, by ordinance, provide for the creation of accessory dwelling units in areas zoned to
allow single-family or multifamily dwelling residential use. The ordinance shall do all of the following:
(A) Designate areas within the jurisdiction of the local agency where accessory dwelling units may be permitted.
The designation of areas may be based on the adequacy of water and sewer services and the impact of accessory
dwelling units on traffic flow and public safety. A local agency that does not provide water or sewer services shall
consult with the local water or sewer service provider regarding the adequacy of water and sewer services before
designating an area where accessory dwelling units may be permitted.
(B) (i) Impose standards on accessory dwelling units that include, but are not limited to, parking, height, setback,
landscape, architectural review, maximum size of a unit, and standards that prevent adverse impacts on any real
property that is listed in the California Register of Historic Resources. These standards shall not include
requirements on minimum lot size.
(ii) Notwithstanding clause (i), a local agency may reduce or eliminate parking requirements for any accessory
dwelling unit located within its jurisdiction.
(C) Provide that accessory dwelling units do not exceed the allowable density for the lot upon which the accessory
dwelling unit is located, and that accessory dwelling units are a residential use that is consistent with the existing
general plan and zoning designation for the lot.
(D) Require the accessory dwelling units to comply with all of the following:
(i) The accessory dwelling unit may be rented separate from the primary residence, but may not be sold or
otherwise conveyed separate from the primary residence.
(ii) The lot is zoned to allow single-family or multifamily dwelling residential use and includes a proposed or existing
dwelling.
(iii) The accessory dwelling unit is either attached to, or located within, the proposed or existing primary dwelling,
including attached garages, storage areas or similar uses, or an accessory structure or detached from the
proposed or existing primary dwelling and located on the same lot as the proposed or existing primary dwelling.
(iv) If there is an existing primary dwelling, the total floor area of an attached accessory dwelling unit shall not
exceed 50 percent of the existing primary dwelling.
(v) The total floor area for a detached accessory dwelling unit shall not exceed 1,200 square feet.
(vi) No passageway shall be required in conjunction with the construction of an accessory dwelling unit.
(vii) No setback shall be required for an existing living area or accessory structure or a structure constructed in the
same location and to the same dimensions as an existing structure that is converted to an accessory dwelling unit
or to a portion of an accessory dwelling unit, and a setback of no more than four feet from the side and rear lot
lines shall be required for an accessory dwelling unit that is not converted from an existing structure or a new
structure constructed in the same location and to the same dimensions as an existing structure.
(viii) Local building code requirements that apply to detached dwellings, as appropriate.
(ix) Approval by the local health officer where a private sewage disposal system is being used, if required.
(x) (I) Parking requirements for accessory dwelling units shall not exceed one parking space per accessory
dwelling unit or per bedroom, whichever is less. These spaces may be provided as tandem parking on a driveway.
(II) Offstreet parking shall be permitted in setback areas in locations determined by the local agency or through
tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible
based upon specific site or regional topographical or fire and life safety conditions.
(III) This clause shall not apply to an accessory dwelling unit that is described in subdivision (d).
(xi) When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an
accessory dwelling unit or converted to an accessory dwelling unit, the local agency shall not require that those
offstreet parking spaces be replaced.
(xii) Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary
residence.
4.3.e
Packet Pg. 292
3.3.b
Packet Pg. 95
24
(2) The ordinance shall not be considered in the application of any local ordinance, policy, or program to limit
residential growth.
(3) A permit application for an accessory dwelling unit or a junior accessory dwelling unit shall be considered and
approved ministerially without discretionary review or a hearing, notwithstanding Section 65901 or 65906 or any
local ordinance regulating the issuance of variances or special use permits. The permitting agency shall act on the
application to create an accessory dwelling unit or a junior accessory dwelling unit within 60 days from the date the
local agency receives a completed application if there is an existing single-family or multifamily dwelling on the lot.
If the permit application to create an accessory dwelling unit or a junior accessory dwelling unit is submitted with a
permit application to create a new single-family dwelling on the lot, the permitting agency may delay acting on the
permit application for the accessory dwelling unit or the junior accessory dwelling unit until the permitting agency
acts on the permit application to create the new single-family dwelling, but the application to create the accessory
dwelling unit or junior accessory dwelling unit shall be considered without discretionary review or hearing. If the
applicant requests a delay, the 60-day time period shall be tolled for the period of the delay. If the local agency has
not acted upon the completed application within 60 days, the application shall be deemed approved. A local
agency may charge a fee to reimburse it for costs incurred to implement this paragraph, including the costs of
adopting or amending any ordinance that provides for the creation of an accessory dwelling unit.
(4) An existing ordinance governing the creation of an accessory dwelling unit by a local agency or an accessory
dwelling ordinance adopted by a local agency shall provide an approval process that includes only ministerial
provisions for the approval of accessory dwelling units and shall not include any discretionary processes,
provisions, or requirements for those units, except as otherwise provided in this subdivision. If a local agency has
an existing accessory dwelling unit ordinance that fails to meet the requirements of this subdivision, that ordinance
shall be null and void and that agency shall thereafter apply the standards established in this subdivision for the
approval of accessory dwelling units, unless and until the agency adopts an ordinance that complies with this
section.
(5) No other local ordinance, policy, or regulation shall be the basis for the delay or denial of a building permit or a
use permit under this subdivision.
(6) This subdivision establishes the maximum standards that local agencies shall use to evaluate a proposed
accessory dwelling unit on a lot that includes a proposed or existing single-family dwelling. No additional
standards, other than those provided in this subdivision, shall be used or imposed, including any owner-occupant
requirement, except that a local agency may require that the property be used for rentals of terms longer than 30
days.
(7) A local agency may amend its zoning ordinance or general plan to incorporate the policies, procedures, or
other provisions applicable to the creation of an accessory dwelling unit if these provisions are consistent with the
limitations of this subdivision.
(8) An accessory dwelling unit that conforms to this subdivision shall be deemed to be an accessory use or an
accessory building and shall not be considered to exceed the allowable density for the lot upon which it is located,
and shall be deemed to be a residential use that is consistent with the existing general plan and zoning
designations for the lot. The accessory dwelling unit shall not be considered in the application of any local
ordinance, policy, or program to limit residential growth.
(b) When a local agency that has not adopted an ordinance governing accessory dwelling units in accordance with
subdivision (a) receives an application for a permit to create an accessory dwelling unit pursuant to this
subdivision, the local agency shall approve or disapprove the application ministerially without discretionary review
pursuant to subdivision (a). The permitting agency shall act on the application to create an accessory dwelling unit
or a junior accessory dwelling unit within 60 days from the date the local agency receives a completed application
if there is an existing single-family or multifamily dwelling on the lot. If the permit application to create an accessory
dwelling unit or a junior accessory dwelling unit is submitted with a permit application to create a new single-family
dwelling on the lot, the permitting agency may delay acting on the permit application for the accessory dwelling unit
or the junior accessory dwelling unit until the permitting agency acts on the permit application to create the new
single-family dwelling, but the application to create the accessory dwelling unit or junior accessory dwelling unit
shall still be considered ministerially without discretionary review or a hearing. If the applicant requests a delay, the
60-day time period shall be tolled for the period of the delay. If the local agency has not acted upon the completed
application within 60 days, the application shall be deemed approved.
(c) (1) Subject to paragraph (2), a local agency may establish minimum and maximum unit size requirements for
both attached and detached accessory dwelling units.
(2) Notwithstanding paragraph (1), a local agency shall not establish by ordinance any of the following:
(A) A minimum square footage requirement for either an attached or detached accessory dwelling unit that
prohibits an efficiency unit.
4.3.e
Packet Pg. 293
3.3.b
Packet Pg. 96
25
(B) A maximum square footage requirement for either an attached or detached accessory dwelling unit that is less
than either of the following:
(i) 850 square feet.
(ii) 1,000 square feet for an accessory dwelling unit that provides more than one bedroom.
(C) Any other minimum or maximum size for an accessory dwelling unit, size based upon a percentage of the
proposed or existing primary dwelling, or limits on lot coverage, floor area ratio, open space, and minimum lot size,
for either attached or detached dwellings that does not permit at least an 800 square foot accessory dwelling unit
that is at least 16 feet in height with four-foot side and rear yard setbacks to be constructed in compliance with all
other local development standards.
(d) Notwithstanding any other law, a local agency, whether or not it has adopted an ordinance governing accessory
dwelling units in accordance with subdivision (a), shall not impose parking standards for an accessory dwelling unit
in any of the following instances:
(1) The accessory dwelling unit is located within one-half mile walking distance of public transit.
(2) The accessory dwelling unit is located within an architecturally and historically significant historic district.
(3) The accessory dwelling unit is part of the proposed or existing primary residence or an accessory structure.
(4) When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.
(5) When there is a car share vehicle located within one block of the accessory dwelling unit.
(e) (1) Notwithstanding subdivisions (a) to (d), inclusive, a local agency shall ministerially approve an application
for a building permit within a residential or mixed-use zone to create any of the following:
(A) One accessory dwelling unit or and one junior accessory dwelling unit per lot with a proposed or existing
single-family dwelling if all of the following apply:
(i) The accessory dwelling unit or junior accessory dwelling unit is within the proposed space of a single-family
dwelling or existing space of a single-family dwelling or accessory structure and may include an expansion of not
more than 150 square feet beyond the same physical dimensions as the existing accessory structure. An
expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating
ingress and egress.
(ii) The space has exterior access from the proposed or existing single-family dwelling.
(iii) The side and rear setbacks are sufficient for fire and safety.
(iv) The junior accessory dwelling unit complies with the requirements of Section 65852.22.
(B) One detached, new construction, accessory dwelling unit that does not exceed four-foot side and rear yard
setbacks for a lot with a proposed or existing single-family dwelling. The accessory dwelling unit may be combined
with a junior accessory dwelling unit described in subparagraph (A). A local agency may impose the following
conditions on the accessory dwelling unit:
(i) A total floor area limitation of not more than 800 square feet.
(ii) A height limitation of 16 feet.
(C) (i) Multiple accessory dwelling units within the portions of existing multifamily dwelling structures that are not
used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements,
or garages, if each unit complies with state building standards for dwellings.
(ii) A local agency shall allow at least one accessory dwelling unit within an existing multifamily dwelling and shall
allow up to 25 percent of the existing multifamily dwelling units.
(D) Not more than two accessory dwelling units that are located on a lot that has an existing multifamily dwelling,
but are detached from that multifamily dwelling and are subject to a height limit of 16 feet and four-foot rear yard
and side setbacks.
(2) A local agency shall not require, as a condition for ministerial approval of a permit application for the creation of
an accessory dwelling unit or a junior accessory dwelling unit, the correction of nonconforming zoning conditions.
(3) The installation of fire sprinklers shall not be required in an accessory dwelling unit if sprinklers are not required
for the primary residence.
(4) A local agency shall require that a rental of the accessory dwelling unit created pursuant to this subdivision be
for a term longer than 30 days.
(5) A local agency may require, as part of the application for a permit to create an accessory dwelling unit
connected to an onsite wastewater treatment system, a percolation test completed within the last five years, or, if
the percolation test has been recertified, within the last 10 years.
(6) Notwithstanding subdivision (c) and paragraph (1) a local agency that has adopted an ordinance by July 1,
2018, providing for the approval of accessory dwelling units in multifamily dwelling structures shall ministerially
consider a permit application to construct an accessory dwelling unit that is described in paragraph (1), and may
impose standards including, but not limited to, design, development, and historic standards on said accessory
dwelling units. These standards shall not include requirements on minimum lot size.
4.3.e
Packet Pg. 294
3.3.b
Packet Pg. 97
26
(f) (1) Fees charged for the construction of accessory dwelling units shall be determined in accordance with
Chapter 5 (commencing with Section 66000) and Chapter 7 (commencing with Section 66012).
(2) An accessory dwelling unit shall not be considered by a local agency, special district, or water corporation to be
a new residential use for purposes of calculating connection fees or capacity charges for utilities, including water
and sewer service, unless the accessory dwelling unit was constructed with a new single-family dwelling.
(3) (A) A local agency, special district, or water corporation shall not impose any impact fee upon the development
of an accessory dwelling unit less than 750 square feet. Any impact fees charged for an accessory dwelling unit of
750 square feet or more shall be charged proportionately in relation to the square footage of the primary dwelling
unit.
(B) For purposes of this paragraph, “impact fee” has the same meaning as the term “fee” is defined in subdivision
(b) of Section 66000, except that it also includes fees specified in Section 66477. “Impact fee” does not include any
connection fee or capacity charge charged by a local agency, special district, or water corporation.
(4) For an accessory dwelling unit described in subparagraph (A) of paragraph (1) of subdivision (e), a local
agency, special district, or water corporation shall not require the applicant to install a new or separate utility
connection directly between the accessory dwelling unit and the utility or impose a related connection fee or
capacity charge, unless the accessory dwelling unit was constructed with a new single-family home.
(5) For an accessory dwelling unit that is not described in subparagraph (A) of paragraph (1) of subdivision (e), a
local agency, special district, or water corporation may require a new or separate utility connection directly
between the accessory dwelling unit and the utility. Consistent with Section 66013, the connection may be subject
to a connection fee or capacity charge that shall be proportionate to the burden of the proposed accessory dwelling
unit, based upon either its square feet or the number of its drainage fixture unit (DFU) values, as defined in the
Uniform Plumbing Code adopted and published by the International Association of Plumbing and Mechanical
Officials, upon the water or sewer system. This fee or charge shall not exceed the reasonable cost of providing this
service.
(g) This section does not limit the authority of local agencies to adopt less restrictive requirements for the creation
of an accessory dwelling unit.
(h) (1) A local agency shall submit a copy of the ordinance adopted pursuant to subdivision (a) to the Department
of Housing and Community Development within 60 days after adoption. After adoption of an ordinance, the
department may submit written findings to the local agency as to whether the ordinance complies with this section.
(2) (A) If the department finds that the local agency’s ordinance does not comply with this section, the department
shall notify the local agency and shall provide the local agency with a reasonable time, no longer than 30 days, to
respond to the findings before taking any other action authorized by this section.
(B) The local agency shall consider the findings made by the department pursuant to subparagraph (A) and shall
do one of the following:
(i) Amend the ordinance to comply with this section.
(ii) Adopt the ordinance without changes. The local agency shall include findings in its resolution adopting the
ordinance that explain the reasons the local agency believes that the ordinance complies with this section despite
the findings of the department.
(3) (A) If the local agency does not amend its ordinance in response to the department’s findings or does not adopt
a resolution with findings explaining the reason the ordinance complies with this section and addressing the
department’s findings, the department shall notify the local agency and may notify the Attorney General that the
local agency is in violation of state law.
(B) Before notifying the Attorney General that the local agency is in violation of state law, the department may
consider whether a local agency adopted an ordinance in compliance with this section between January 1, 2017,
and January 1, 2020.
(i) The department may review, adopt, amend, or repeal guidelines to implement uniform standards or criteria that
supplement or clarify the terms, references, and standards set forth in this section. The guidelines adopted
pursuant to this subdivision are not subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2.
(j) As used in this section, the following terms mean:
(1) “Accessory dwelling unit” means an attached or a detached residential dwelling unit that provides complete
independent living facilities for one or more persons and is located on a lot with a proposed or existing primary
residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same
parcel as the single-family or multifamily dwelling is or will be situated. An accessory dwelling unit also includes the
following:
(A) An efficiency unit.
(B) A manufactured home, as defined in Section 18007 of the Health and Safety Code.
4.3.e
Packet Pg. 295
3.3.b
Packet Pg. 98
27
(2) “Accessory structure” means a structure that is accessory and incidental to a dwelling located on the same lot.
(3) “Efficiency unit” has the same meaning as defined in Section 17958.1 of the Health and Safety Code.
(4) “Living area” means the interior habitable area of a dwelling unit, including basements and attics, but does not
include a garage or any accessory structure.
(5) “Local agency” means a city, county, or city and county, whether general law or chartered.
(6) “Nonconforming zoning condition” means a physical improvement on a property that does not conform with
current zoning standards.
(7) “Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one entrance
of the accessory dwelling unit.
(8) “Proposed dwelling” means a dwelling that is the subject of a permit application and that meets the
requirements for permitting.
(9) “Public transit” means a location, including, but not limited to, a bus stop or train station, where the public may
access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are
available to the public.
(10) “Tandem parking” means that two or more automobiles are parked on a driveway or in any other location on a
lot, lined up behind one another.
(k) A local agency shall not issue a certificate of occupancy for an accessory dwelling unit before the local agency
issues a certificate of occupancy for the primary dwelling.
(l) Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application of
the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code),
except that the local government shall not be required to hold public hearings for coastal development permit
applications for accessory dwelling units.
(m) A local agency may count an accessory dwelling unit for purposes of identifying adequate sites for housing, as
specified in subdivision (a) of Section 65583.1, subject to authorization by the department and compliance with this
division.
(n) In enforcing building standards pursuant to Article 1 (commencing with Section 17960) of Chapter 5 of Part 1.5
of Division 13 of the Health and Safety Code for an accessory dwelling unit described in paragraph (1) or (2)
below, a local agency, upon request of an owner of an accessory dwelling unit for a delay in enforcement, shall
delay enforcement of a building standard, subject to compliance with Section 17980.12 of the Health and Safety
Code:
(1) The accessory dwelling unit was built before January 1, 2020.
(2) The accessory dwelling unit was built on or after January 1, 2020, in a local jurisdiction that, at the time the
accessory dwelling unit was built, had a noncompliant accessory dwelling unit ordinance, but the ordinance is
compliant at the time the request is made.
(o) This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
(Becomes operative on January 1, 2025)
Section 65852.2 of the Government Code is amended to read (changes from January 1, 2021 statute noted in
underline/italic):
65852.2.
(a) (1) A local agency may, by ordinance, provide for the creation of accessory dwelling units in areas zoned to
allow single-family or multifamily dwelling residential use. The ordinance shall do all of the following:
(A) Designate areas within the jurisdiction of the local agency where accessory dwelling units may be permitted.
The designation of areas may be based on the adequacy of water and sewer services and the impact of accessory
dwelling units on traffic flow and public safety. A local agency that does not provide water or sewer services shall
consult with the local water or sewer service provider regarding the adequacy of water and sewer services before
designating an area where accessory dwelling units may be permitted.
(B) (i) Impose standards on accessory dwelling units that include, but are not limited to, parking, height, setback,
landscape, architectural review, maximum size of a unit, and standards that prevent adverse impacts on any real
property that is listed in the California Register of Historic Resources. These standards shall not include
requirements on minimum lot size.
(ii) Notwithstanding clause (i), a local agency may reduce or eliminate parking requirements for any accessory
dwelling unit located within its jurisdiction.
(C) Provide that accessory dwelling units do not exceed the allowable density for the lot upon which the accessory
dwelling unit is located, and that accessory dwelling units are a residential use that is consistent with the existing
general plan and zoning designation for the lot.
4.3.e
Packet Pg. 296
3.3.b
Packet Pg. 99
28
(D) Require the accessory dwelling units to comply with all of the following:
(i) The accessory dwelling unit may be rented separate from the primary residence, but may not be sold or
otherwise conveyed separate from the primary residence.
(ii) The lot is zoned to allow single-family or multifamily dwelling residential use and includes a proposed or existing
dwelling.
(iii) The accessory dwelling unit is either attached to, or located within, the proposed or existing primary dwelling,
including attached garages, storage areas or similar uses, or an accessory structure or detached from the
proposed or existing primary dwelling and located on the same lot as the proposed or existing primary dwelling.
(iv) If there is an existing primary dwelling, the total floor area of an attached accessory dwelling unit shall not
exceed 50 percent of the existing primary dwelling.
(v) The total floor area for a detached accessory dwelling unit shall not exceed 1,200 square feet.
(vi) No passageway shall be required in conjunction with the construction of an accessory dwelling unit.
(vii) No setback shall be required for an existing living area or accessory structure or a structure constructed in the
same location and to the same dimensions as an existing structure that is converted to an accessory dwelling unit
or to a portion of an accessory dwelling unit, and a setback of no more than four feet from the side and rear lot
lines shall be required for an accessory dwelling unit that is not converted from an existing structure or a new
structure constructed in the same location and to the same dimensions as an existing structure.
(viii) Local building code requirements that apply to detached dwellings, as appropriate.
(ix) Approval by the local health officer where a private sewage disposal system is being used, if required.
(x) (I) Parking requirements for accessory dwelling units shall not exceed one parking space per accessory
dwelling unit or per bedroom, whichever is less. These spaces may be provided as tandem parking on a driveway.
(II) Offstreet parking shall be permitted in setback areas in locations determined by the local agency or through
tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible
based upon specific site or regional topographical or fire and life safety conditions.
(III) This clause shall not apply to an accessory dwelling unit that is described in subdivision (d).
(xi) When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an
accessory dwelling unit or converted to an accessory dwelling unit, the local agency shall not require that those
offstreet parking spaces be replaced.
(xii) Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary
residence.
(2) The ordinance shall not be considered in the application of any local ordinance, policy, or program to limit
residential growth.
(3) A permit application for an accessory dwelling unit or a junior accessory dwelling unit shall be considered and
approved ministerially without discretionary review or a hearing, notwithstanding Section 65901 or 65906 or any
local ordinance regulating the issuance of variances or special use permits. The permitting agency shall act on the
application to create an accessory dwelling unit or a junior accessory dwelling unit within 60 days from the date the
local agency receives a completed application if there is an existing single-family or multifamily dwelling on the lot.
If the permit application to create an accessory dwelling unit or a junior accessory dwelling unit is submitted with a
permit application to create a new single-family dwelling on the lot, the permitting agency may delay acting on the
permit application for the accessory dwelling unit or the junior accessory dwelling unit until the permitting agency
acts on the permit application to create the new single-family dwelling, but the application to create the accessory
dwelling unit or junior accessory dwelling unit shall be considered without discretionary review or hearing. If the
applicant requests a delay, the 60-day time period shall be tolled for the period of the delay. If the local agency has
not acted upon the completed application within 60 days, the application shall be deemed approved. A local
agency may charge a fee to reimburse it for costs incurred to implement this paragraph, including the costs of
adopting or amending any ordinance that provides for the creation of an accessory dwelling unit.
(4) An existing ordinance governing the creation of an accessory dwelling unit by a local agency or an accessory
dwelling ordinance adopted by a local agency shall provide an approval process that includes only ministerial
provisions for the approval of accessory dwelling units and shall not include any discretionary processes,
provisions, or requirements for those units, except as otherwise provided in this subdivision. If a local agency has
an existing accessory dwelling unit ordinance that fails to meet the requirements of this subdivision, that ordinance
shall be null and void and that agency shall thereafter apply the standards established in this subdivision for the
approval of accessory dwelling units, unless and until the agency adopts an ordinance that complies with this
section.
(5) No other local ordinance, policy, or regulation shall be the basis for the delay or denial of a building permit or a
use permit under this subdivision.
(6) (A) This subdivision establishes the maximum standards that local agencies shall use to evaluate a proposed
4.3.e
Packet Pg. 297
3.3.b
Packet Pg. 100
29
accessory dwelling unit on a lot that includes a proposed or existing single-family dwelling. No additional
standards, other than those provided in this subdivision, shall be used or imposed, including any owner-occupant
requirement, except that imposed except that, subject to subparagraph (B), a local agency may require an
applicant for a permit issued pursuant to this subdivision to be an owner-occupant or that the property be used for
rentals of terms longer than 30 days.
(B) Notwithstanding subparagraph (A), a local agency shall not impose an owner-occupant requirement on an
accessory dwelling unit permitted between January 1, 2020, to January 1, 2025, during which time the local
agency was prohibited from imposing an owner-occupant requirement.
(7) A local agency may amend its zoning ordinance or general plan to incorporate the policies, procedures, or
other provisions applicable to the creation of an accessory dwelling unit if these provisions are consistent with the
limitations of this subdivision.
(8) An accessory dwelling unit that conforms to this subdivision shall be deemed to be an accessory use or an
accessory building and shall not be considered to exceed the allowable density for the lot upon which it is located,
and shall be deemed to be a residential use that is consistent with the existing general plan and zoning
designations for the lot. The accessory dwelling unit shall not be considered in the application of any local
ordinance, policy, or program to limit residential growth.
(b) When a local agency that has not adopted an ordinance governing accessory dwelling units in accordance with
subdivision (a) receives an application for a permit to create an accessory dwelling unit pursuant to this
subdivision, the local agency shall approve or disapprove the application ministerially without discretionary review
pursuant to subdivision (a). The permitting agency shall act on the application to create an accessory dwelling unit
or a junior accessory dwelling unit within 60 days from the date the local agency receives a completed application
if there is an existing single-family or multifamily dwelling on the lot. If the permit application to create an accessory
dwelling unit or a junior accessory dwelling unit is submitted with a permit application to create a new single-family
dwelling on the lot, the permitting agency may delay acting on the permit application for the accessory dwelling unit
or the junior accessory dwelling unit until the permitting agency acts on the permit application to create the new
single-family dwelling, but the application to create the accessory dwelling unit or junior accessory dwelling unit
shall still be considered ministerially without discretionary review or a hearing. If the applicant requests a delay, the
60-day time period shall be tolled for the period of the delay. If the local agency has not acted upon the completed
application within 60 days, the application shall be deemed approved.
(c) (1) Subject to paragraph (2), a local agency may establish minimum and maximum unit size requirements for
both attached and detached accessory dwelling units.
(2) Notwithstanding paragraph (1), a local agency shall not establish by ordinance any of the following:
(A) A minimum square footage requirement for either an attached or detached accessory dwelling unit that
prohibits an efficiency unit.
(B) A maximum square footage requirement for either an attached or detached accessory dwelling unit that is less
than either of the following:
(i) 850 square feet.
(ii) 1,000 square feet for an accessory dwelling unit that provides more than one bedroom.
(C) Any other minimum or maximum size for an accessory dwelling unit, size based upon a percentage of the
proposed or existing primary dwelling, or limits on lot coverage, floor area ratio, open space, and minimum lot size,
for either attached or detached dwellings that does not permit at least an 800 square foot accessory dwelling unit
that is at least 16 feet in height with four-foot side and rear yard setbacks to be constructed in compliance with all
other local development standards.
(d) Notwithstanding any other law, a local agency, whether or not it has adopted an ordinance governing accessory
dwelling units in accordance with subdivision (a), shall not impose parking standards for an accessory dwelling unit
in any of the following instances:
(1) The accessory dwelling unit is located within one-half mile walking distance of public transit.
(2) The accessory dwelling unit is located within an architecturally and historically significant historic district.
(3) The accessory dwelling unit is part of the proposed or existing primary residence or an accessory structure.
(4) When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.
(5) When there is a car share vehicle located within one block of the accessory dwelling unit.
(e) (1) Notwithstanding subdivisions (a) to (d), inclusive, a local agency shall ministerially approve an application
for a building permit within a residential or mixed-use zone to create any of the following:
(A) One accessory dwelling unit or and one junior accessory dwelling unit per lot with a proposed or existing
single-family dwelling if all of the following apply:
(i) The accessory dwelling unit or junior accessory dwelling unit is within the proposed space of a single-family
dwelling or existing space of a single-family dwelling or accessory structure and may include an expansion of not
4.3.e
Packet Pg. 298
3.3.b
Packet Pg. 101
30
more than 150 square feet beyond the same physical dimensions as the existing accessory structure. An
expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating
ingress and egress.
(ii) The space has exterior access from the proposed or existing single-family dwelling.
(iii) The side and rear setbacks are sufficient for fire and safety.
(iv) The junior accessory dwelling unit complies with the requirements of Section 65852.22.
(B) One detached, new construction, accessory dwelling unit that does not exceed four-foot side and rear yard
setbacks for a lot with a proposed or existing single-family dwelling. The accessory dwelling unit may be combined
with a junior accessory dwelling unit described in subparagraph (A). A local agency may impose the following
conditions on the accessory dwelling unit:
(i) A total floor area limitation of not more than 800 square feet.
(ii) A height limitation of 16 feet.
(C) (i) Multiple accessory dwelling units within the portions of existing multifamily dwelling structures that are not
used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements,
or garages, if each unit complies with state building standards for dwellings.
(ii) A local agency shall allow at least one accessory dwelling unit within an existing multifamily dwelling and shall
allow up to 25 percent of the existing multifamily dwelling units.
(D) Not more than two accessory dwelling units that are located on a lot that has an existing multifamily dwelling,
but are detached from that multifamily dwelling and are subject to a height limit of 16 feet and four-foot rear yard
and side setbacks.
(2) A local agency shall not require, as a condition for ministerial approval of a permit application for the creation of
an accessory dwelling unit or a junior accessory dwelling unit, the correction of nonconforming zoning conditions.
(3) The installation of fire sprinklers shall not be required in an accessory dwelling unit if sprinklers are not required
for the primary residence.
(4) A local agency may require owner occupancy for either the primary dwelling or the accessory dwelling unit on a
single-family lot, subject to the requirements of paragraph (6) of subdivision (a).
(4) (5) A local agency shall require that a rental of the accessory dwelling unit created pursuant to this subdivision
be for a term longer than 30 days.
(5) (6) A local agency may require, as part of the application for a permit to create an accessory dwelling unit
connected to an onsite wastewater treatment system, a percolation test completed within the last five years, or, if
the percolation test has been recertified, within the last 10 years.
(6) (7) Notwithstanding subdivision (c) and paragraph (1) a local agency that has adopted an ordinance by July 1,
2018, providing for the approval of accessory dwelling units in multifamily dwelling structures shall ministerially
consider a permit application to construct an accessory dwelling unit that is described in paragraph (1), and may
impose standards including, but not limited to, design, development, and historic standards on said accessory
dwelling units. These standards shall not include requirements on minimum lot size.
(f) (1) Fees charged for the construction of accessory dwelling units shall be determined in accordance with
Chapter 5 (commencing with Section 66000) and Chapter 7 (commencing with Section 66012).
(2) An accessory dwelling unit shall not be considered by a local agency, special district, or water corporation to be
a new residential use for purposes of calculating connection fees or capacity charges for utilities, including water
and sewer service, unless the accessory dwelling unit was constructed with a new single-family dwelling.
(3) (A) A local agency, special district, or water corporation shall not impose any impact fee upon the development
of an accessory dwelling unit less than 750 square feet. Any impact fees charged for an accessory dwelling unit of
750 square feet or more shall be charged proportionately in relation to the square footage of the primary dwelling
unit.
(B) For purposes of this paragraph, “impact fee” has the same meaning as the term “fee” is defined in subdivision
(b) of Section 66000, except that it also includes fees specified in Section 66477. “Impact fee” does not include any
connection fee or capacity charge charged by a local agency, special district, or water corporation.
(4) For an accessory dwelling unit described in subparagraph (A) of paragraph (1) of subdivision (e), a local
agency, special district, or water corporation shall not require the applicant to install a new or separate utility
connection directly between the accessory dwelling unit and the utility or impose a related connection fee or
capacity charge, unless the accessory dwelling unit was constructed with a new single-family home. dwelling.
(5) For an accessory dwelling unit that is not described in subparagraph (A) of paragraph (1) of subdivision (e), a
local agency, special district, or water corporation may require a new or separate utility connection directly
between the accessory dwelling unit and the utility. Consistent with Section 66013, the connection may be subject
to a connection fee or capacity charge that shall be proportionate to the burden of the proposed accessory dwelling
unit, based upon either its square feet or the number of its drainage fixture unit (DFU) values, as defined in the
4.3.e
Packet Pg. 299
3.3.b
Packet Pg. 102
31
Uniform Plumbing Code adopted and published by the International Association of Plumbing and Mechanical
Officials, upon the water or sewer system. This fee or charge shall not exceed the reasonable cost of providing this
service.
(g) This section does not limit the authority of local agencies to adopt less restrictive requirements for the creation
of an accessory dwelling unit.
(h) (1) A local agency shall submit a copy of the ordinance adopted pursuant to subdivision (a) to the Department
of Housing and Community Development within 60 days after adoption. After adoption of an ordinance, the
department may submit written findings to the local agency as to whether the ordinance complies with this section.
(2) (A) If the department finds that the local agency’s ordinance does not comply with this section, the department
shall notify the local agency and shall provide the local agency with a reasonable time, no longer than 30 days, to
respond to the findings before taking any other action authorized by this section.
(B) The local agency shall consider the findings made by the department pursuant to subparagraph (A) and shall
do one of the following:
(i) Amend the ordinance to comply with this section.
(ii) Adopt the ordinance without changes. The local agency shall include findings in its resolution adopting the
ordinance that explain the reasons the local agency believes that the ordinance complies with this section despite
the findings of the department.
(3) (A) If the local agency does not amend its ordinance in response to the department’s findings or does not adopt
a resolution with findings explaining the reason the ordinance complies with this section and addressing the
department’s findings, the department shall notify the local agency and may notify the Attorney General that the
local agency is in violation of state law.
(B) Before notifying the Attorney General that the local agency is in violation of state law, the department may
consider whether a local agency adopted an ordinance in compliance with this section between January 1, 2017,
and January 1, 2020.
(i) The department may review, adopt, amend, or repeal guidelines to implement uniform standards or criteria that
supplement or clarify the terms, references, and standards set forth in this section. The guidelines adopted
pursuant to this subdivision are not subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2.
(j) As used in this section, the following terms mean:
(1) “Accessory dwelling unit” means an attached or a detached residential dwelling unit that provides complete
independent living facilities for one or more persons and is located on a lot with a proposed or existing primary
residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same
parcel as the single-family or multifamily dwelling is or will be situated. An accessory dwelling unit also includes the
following:
(A) An efficiency unit.
(B) A manufactured home, as defined in Section 18007 of the Health and Safety Code.
(2) “Accessory structure” means a structure that is accessory and incidental to a dwelling located on the same lot.
(3) “Efficiency unit” has the same meaning as defined in Section 17958.1 of the Health and Safety Code.
(4) “Living area” means the interior habitable area of a dwelling unit, including basements and attics, but does not
include a garage or any accessory structure.
(5) “Local agency” means a city, county, or city and county, whether general law or chartered.
(6) “Nonconforming zoning condition” means a physical improvement on a property that does not conform with
current zoning standards.
(7) “Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one entrance
of the accessory dwelling unit.
(8) “Proposed dwelling” means a dwelling that is the subject of a permit application and that meets the
requirements for permitting.
(9) “Public transit” means a location, including, but not limited to, a bus stop or train station, where the public may
access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are
available to the public.
(10) “Tandem parking” means that two or more automobiles are parked on a driveway or in any other location on a
lot, lined up behind one another.
(k) A local agency shall not issue a certificate of occupancy for an accessory dwelling unit before the local agency
issues a certificate of occupancy for the primary dwelling.
(l) Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application of
the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code),
except that the local government shall not be required to hold public hearings for coastal development permit
4.3.e
Packet Pg. 300
3.3.b
Packet Pg. 103
32
applications for accessory dwelling units.
(m) A local agency may count an accessory dwelling unit for purposes of identifying adequate sites for housing, as
specified in subdivision (a) of Section 65583.1, subject to authorization by the department and compliance with this
division.
(n) In enforcing building standards pursuant to Article 1 (commencing with Section 17960) of Chapter 5 of Part 1.5
of Division 13 of the Health and Safety Code for an accessory dwelling unit described in paragraph (1) or (2)
below, a local agency, upon request of an owner of an accessory dwelling unit for a delay in enforcement, shall
delay enforcement of a building standard, subject to compliance with Section 17980.12 of the Health and Safety
Code:
(1) The accessory dwelling unit was built before January 1, 2020.
(2) The accessory dwelling unit was built on or after January 1, 2020, in a local jurisdiction that, at the time the
accessory dwelling unit was built, had a noncompliant accessory dwelling unit ordinance, but the ordinance is
compliant at the time the request is made.
(o) This section shall remain in effect only until January 1, 2025, and as of that date is repealed. become operative
on January 1, 2025.
Effective January 1, 2021, Section 4740 of the Civil Code is amended to read (changes noted in strikeout,
underline/italics) (AB 3182 (Ting)):
4740.
(a) An owner of a separate interest in a common interest development shall not be subject to a provision in a
governing document or an amendment to a governing document that prohibits the rental or leasing of any of the
separate interests in that common interest development to a renter, lessee, or tenant unless that governing
document, or amendment thereto, was effective prior to the date the owner acquired title to his or
her their separate interest.
(b) Notwithstanding the provisions of this section, an owner of a separate interest in a common interest
development may expressly consent to be subject to a governing document or an amendment to a governing
document that prohibits the rental or leasing of any of the separate interests in the common interest development
to a renter, lessee, or tenant.
(c) (b) For purposes of this section, the right to rent or lease the separate interest of an owner shall not be deemed
to have terminated if the transfer by the owner of all or part of the separate interest meets at least one of the
following conditions:
(1) Pursuant to Section 62 or 480.3 of the Revenue and Taxation Code, the transfer is exempt, for purposes of
reassessment by the county tax assessor.
(2) Pursuant to subdivision (b) of, solely with respect to probate transfers, or subdivision (e), (f), or (g) of, Section
1102.2, the transfer is exempt from the requirements to prepare and deliver a Real Estate Transfer Disclosure
Statement, as set forth in Section 1102.6.
(d) (c) Prior to renting or leasing his or her their separate interest as provided by this section, an owner shall
provide the association verification of the date the owner acquired title to the separate interest and the name and
contact information of the prospective tenant or lessee or the prospective tenant’s or lessee’s representative.
(e) (d) Nothing in this section shall be deemed to revise, alter, or otherwise affect the voting process by which a
common interest development adopts or amends its governing documents.
(f) This section shall apply only to a provision in a governing document or a provision in an amendment to a
governing document that becomes effective on or after January 1, 2012.
Effective January 1, 2021 of the Section 4741 is added to the Civil Code, to read (AB 3182 (Ting)):
4741.
(a) An owner of a separate interest in a common interest development shall not be subject to a provision in a
governing document or an amendment to a governing document that prohibits, has the effect of prohibiting, or
unreasonably restricts the rental or leasing of any of the separate interests, accessory dwelling units, or junior
accessory dwelling units in that common interest development to a renter, lessee, or tenant.
(b) A common interest development shall not adopt or enforce a provision in a governing document or amendment
to a governing document that restricts the rental or lease of separate interests within a common interest to less
than 25 percent of the separate interests. Nothing in this subdivision prohibits a common interest development
from adopting or enforcing a provision authorizing a higher percentage of separate interests to be rented or leased.
(c) This section does not prohibit a common interest development from adopting and enforcing a provision in a
4.3.e
Packet Pg. 301
3.3.b
Packet Pg. 104
33
governing document that prohibits transient or short-term rental of a separate property interest for a period of 30
days or less.
(d) For purposes of this section, an accessory dwelling unit or junior accessory dwelling unit shall not be construed
as a separate interest.
(e) For purposes of this section, a separate interest shall not be counted as occupied by a renter if the separate
interest, or the accessory dwelling unit or junior accessory dwelling unit of the separate interest, is occupied by the
owner.
(f) A common interest development shall comply with the prohibition on rental restrictions specified in this section
on and after January 1, 2021, regardless of whether the common interest development has revised their governing
documents to comply with this section. However, a common interest development shall amend their governing
documents to conform to the requirements of this section no later than December 31, 2021.
(g) A common interest development that willfully violates this section shall be liable to the applicant or other party
for actual damages, and shall pay a civil penalty to the applicant or other party in an amount not to exceed one
thousand dollars ($1,000).
(h) In accordance with Section 4740, this section does not change the right of an owner of a separate interest who
acquired title to their separate interest before the effective date of this section to rent or lease their property.
Effective January 1, 2020, Section 65852.22 of the Government Code is was amended to read (AB 68 (Ting)):
65852.22.
(a) Notwithstanding Section 65852.2, a local agency may, by ordinance, provide for the creation of junior
accessory dwelling units in single-family residential zones. The ordinance may require a permit to be obtained for
the creation of a junior accessory dwelling unit, and shall do all of the following:
(1) Limit the number of junior accessory dwelling units to one per residential lot zoned for single-family residences
with a single-family residence built, or proposed to be built, on the lot.
(2) Require owner-occupancy in the single-family residence in which the junior accessory dwelling unit will be
permitted. The owner may reside in either the remaining portion of the structure or the newly created junior
accessory dwelling unit. Owner-occupancy shall not be required if the owner is another governmental agency, land
trust, or housing organization.
(3) Require the recordation of a deed restriction, which shall run with the land, shall be filed with the permitting
agency, and shall include both of the following:
(A) A prohibition on the sale of the junior accessory dwelling unit separate from the sale of the single-family
residence, including a statement that the deed restriction may be enforced against future purchasers.
(B) A restriction on the size and attributes of the junior accessory dwelling unit that conforms with this section.
(4) Require a permitted junior accessory dwelling unit to be constructed within the walls of proposed or existing
single-family residence.
(5) Require a permitted junior accessory dwelling to include a separate entrance from the main entrance to
the proposed or existing single-family residence.
(6) Require the permitted junior accessory dwelling unit to include an efficiency kitchen, which shall include all of
the following:
(A) A cooking facility with appliances.
(B) A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior
accessory dwelling unit.
(b) (1) An ordinance shall not require additional parking as a condition to grant a permit.
(2) This subdivision shall not be interpreted to prohibit the requirement of an inspection, including the imposition of
a fee for that inspection, to determine if the junior accessory dwelling unit complies with applicable building
standards.
(c) An application for a permit pursuant to this section shall, notwithstanding Section 65901 or 65906 or any local
ordinance regulating the issuance of variances or special use permits, be considered ministerially, without
discretionary review or a hearing. The permitting agency shall act on the application to create a junior accessory
dwelling unit within 60 days from the date the local agency receives a completed application if there is an existing
single-family dwelling on the lot. If the permit application to create a junior accessory dwelling unit is submitted with
a permit application to create a new single-family dwelling on the lot, the permitting agency may delay acting on
the permit application for the junior accessory dwelling unit until the permitting agency acts on the permit
application to create the new single-family dwelling, but the application to create the junior accessory dwelling unit
shall still be considered ministerially without discretionary review or a hearing. If the applicant requests a delay, the
60-day time period shall be tolled for the period of the delay. A local agency may charge a fee to reimburse the
local agency for costs incurred in connection with the issuance of a permit pursuant to this section.
4.3.e
Packet Pg. 302
3.3.b
Packet Pg. 105
34
(d) For purposes of any fire or life protection ordinance or regulation, a junior accessory dwelling unit shall not be
considered a separate or new dwelling unit. This section shall not be construed to prohibit a city, county, city and
county, or other local public entity from adopting an ordinance or regulation relating to fire and life protection
requirements within a single-family residence that contains a junior accessory dwelling unit so long as the
ordinance or regulation applies uniformly to all single-family residences within the zone regardless of whether the
single-family residence includes a junior accessory dwelling unit or not.
(e) For purposes of providing service for water, sewer, or power, including a connection fee, a junior accessory
dwelling unit shall not be considered a separate or new dwelling unit.
(f) This section shall not be construed to prohibit a local agency from adopting an ordinance or regulation, related
to parking or a service or a connection fee for water, sewer, or power, that applies to a single-family residence that
contains a junior accessory dwelling unit, so long as that ordinance or regulation applies uniformly to all single-
family residences regardless of whether the single-family residence includes a junior accessory dwelling unit.
(g) If a local agency has not adopted a local ordinance pursuant to this section, the local agency shall ministerially
approve a permit to construct a junior accessory dwelling unit that satisfies the requirements set forth in
subparagraph (A) of paragraph (1) of subdivision (e) of Section 65852.2 and the requirements of this section.
(h) For purposes of this section, the following terms have the following meanings:
(1) “Junior accessory dwelling unit” means a unit that is no more than 500 square feet in size and contained
entirely within a single-family residence. A junior accessory dwelling unit may include separate sanitation facilities,
or may share sanitation facilities with the existing structure.
(2) “Local agency” means a city, county, or city and county, whether general law or chartered.
Effective January 1, 2020 Section 17980.12 is was added to the Health and Safety Code, immediately following
Section 17980.11, to read (SB 13 (Wieckowski)):
17980.12.
(a) (1) An enforcement agency, until January 1, 2030, that issues to an owner of an accessory dwelling unit
described in subparagraph (A) or (B) below, a notice to correct a violation of any provision of any building standard
pursuant to this part shall include in that notice a statement that the owner of the unit has a right to request a delay
in enforcement pursuant to this subdivision:
(A) The accessory dwelling unit was built before January 1, 2020.
(B) The accessory dwelling unit was built on or after January 1, 2020, in a local jurisdiction that, at the time the
accessory dwelling unit was built, had a noncompliant accessory dwelling unit ordinance, but the ordinance is
compliant at the time the request is made.
(2) The owner of an accessory dwelling unit that receives a notice to correct violations or abate nuisances as
described in paragraph (1) may, in the form and manner prescribed by the enforcement agency, submit an
application to the enforcement agency requesting that enforcement of the violation be delayed for five years on the
basis that correcting the violation is not necessary to protect health and safety.
(3) The enforcement agency shall grant an application described in paragraph (2) if the enforcement determines
that correcting the violation is not necessary to protect health and safety. In making this determination, the
enforcement agency shall consult with the entity responsible for enforcement of building standards and other
regulations of the State Fire Marshal pursuant to Section 13146.
(4) The enforcement agency shall not approve any applications pursuant to this section on or after January 1,
2030. However, any delay that was approved by the enforcement agency before January 1, 2030, shall be valid for
the full term of the delay that was approved at the time of the initial approval of the application pursuant to
paragraph (3).
(b) For purposes of this section, “accessory dwelling unit” has the same meaning as defined in Section 65852.2.
(c) This section shall remain in effect only until January 1, 2035, and as of that date is repealed.
4.3.e
Packet Pg. 303
3.3.b
Packet Pg. 106
35
GOV. CODE: TITLE 7, DIVISION 1, CHAPTER 4, ARTICLE 2
AB 587 Accessory Dwelling Units
Effective January 1, 2020 Section 65852.26 is was added to the Government Code, immediately following Section
65852.25, to read (AB 587 (Friedman)):
65852.26.
(a) Notwithstanding clause (i) of subparagraph (D) of paragraph (1) of subdivision (a) of Section 65852.2, a local
agency may, by ordinance, allow an accessory dwelling unit to be sold or conveyed separately from the primary
residence to a qualified buyer if all of the following apply:
(1) The property was built or developed by a qualified nonprofit corporation.
(2) There is an enforceable restriction on the use of the land pursuant to a recorded contract between the qualified
buyer and the qualified nonprofit corporation that satisfies all of the requirements specified in paragraph (10) of
subdivision (a) of Section 402.1 of the Revenue and Taxation Code.
(3) The property is held pursuant to a recorded tenancy in common agreement that includes all of the following:
(A) The agreement allocates to each qualified buyer an undivided, unequal interest in the property based on the
size of the dwelling each qualified buyer occupies.
(B) A repurchase option that requires the qualified buyer to first offer the qualified nonprofit corporation to buy the
property if the buyer desires to sell or convey the property.
(C) A requirement that the qualified buyer occupy the property as the buyer’s principal residence.
(D) Affordability restrictions on the sale and conveyance of the property that ensure the property will be preserved
for low-income housing for 45 years for owner-occupied housing units and will be sold or resold to a qualified
buyer.
(4) A grant deed naming the grantor, grantee, and describing the property interests being transferred shall be
recorded in the county in which the property is located. A Preliminary Change of Ownership Report shall be filed
concurrently with this grant deed pursuant to Section 480.3 of the Revenue and Taxation Code.
(5) Notwithstanding subparagraph (A) of paragraph (2) of subdivision (f) of Section 65852.2, if requested by a utility
providing service to the primary residence, the accessory dwelling unit has a separate water, sewer, or electrical
connection to that utility.
(b) For purposes of this section, the following definitions apply:
(1) “Qualified buyer” means persons and families of low or moderate income, as that term is defined in Section
50093 of the Health and Safety Code.
(2) “Qualified nonprofit corporation” means a nonprofit corporation organized pursuant to Section 501(c)(3) of the
Internal Revenue Code that has received a welfare exemption under Section 214.15 of the Revenue and Taxation
Code for properties intended to be sold to low-income families who participate in a special no-interest loan
program.
CIVIL CODE: DIVISION 4, PART 5, CHAPTER 5, ARTICLE 1
AB 670 Accessory Dwelling Units
Effective January 1, 2020, Section 4751 is was added to the Civil Code, to read (AB 670 (Friedman)):
4751.
(a) Any covenant, restriction, or condition contained in any deed, contract, security instrument, or other instrument
affecting the transfer or sale of any interest in a planned development, and any provision of a governing document,
that either effectively prohibits or unreasonably restricts the construction or use of an accessory dwelling unit or
junior accessory dwelling unit on a lot zoned for single-family residential use that meets the requirements of
Section 65852.2 or 65852.22 of the Government Code, is void and unenforceable.
(b) This section does not apply to provisions that impose reasonable restrictions on accessory dwelling units or
junior accessory dwelling units. For purposes of this subdivision, “reasonable restrictions” means restrictions that
do not unreasonably increase the cost to construct, effectively prohibit the construction of, or extinguish the ability
4.3.e
Packet Pg. 304
3.3.b
Packet Pg. 107
36
to otherwise construct, an accessory dwelling unit or junior accessory dwelling unit consistent with the provisions of
Section 65852.2 or 65852.22 of the Government Code.
GOV. CODE: TITLE 7, DIVISION 1, CHAPTER 3, ARTICLE 10.6
AB 671 Accessory Dwelling Units
Effective January 1, 2020, Section 65583(c)(7) of the Government Code is was added to read (sections of housing
element law omitted for conciseness) (AB 671 (Friedman)):
65583(c)(7).
Develop a plan that incentivizes and promotes the creation of accessory dwelling units that can be offered at
affordable rent, as defined in Section 50053 of the Health and Safety Code, for very low, low-, or moderate-income
households. For purposes of this paragraph, “accessory dwelling units” has the same meaning as “accessory
dwelling unit” as defined in paragraph (4) of subdivision (i) of Section 65852.2.
Effective January 1, 2020, Section 50504.5 is was added to the Health and Safety Code, to read (AB 671
(Friedman)):
50504.5.
(a) The department shall develop by December 31, 2020, a list of existing state grants and financial incentives for
operating, administrative, and other expenses in connection with the planning, construction, and operation of an
accessory dwelling unit with affordable rent, as defined in Section 50053, for very low, low-, and moderate-income
households.
(b) The list shall be posted on the department’s internet website by December 31, 2020.
(c) For purposes of this section, “accessory dwelling unit” has the same meaning as defined in paragraph (4) of
subdivision (i) of Section 65852.2 of the Government Code.
4.3.e
Packet Pg. 305
3.3.b
Packet Pg. 108
Agenda #: 3.4
Meeting Date: July 20, 2021
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: CONSULTING SERVICES AGREEMENT WITH TAIT AND
ASSOCIATES, INC. FOR THE DESIGN OF THE GROUNDWATER
DRAINAGE IMPROVEMENTS PROJECT- PHASE 3 (CIP NO.
PW22400)
STRATEGIC
GOAL:
Safe, Sustainable & Healthy Community
RECOMMENDATION:
Approve, and authorize the Mayor to sign, the Consulting Services Agreement with Tait
and Associates, Inc., in the amount of $69,010, plus a contingency amount of $6,900 for
a total authorization amount of $75,910.
FINANCIAL IMPACT:
Sufficient funds are included in the Fiscal Year 2021/22 Capital Improvement Program
for this project as follows:
Groundwater Drainage
Improvements-Phase 3
#PW22400
Design Budget Encumbrance/
Expenses Balance
Measure W $77,000 $77,000
Consultant Services for
Design ($69,010) $7,990
Contingency ($6,900) $1,090
Balance $1,090
The contingency amount of $6,900 will only be used in the event of unforeseen
circumstances that will warrant a contract change order.
BACKGROUND:
3.4
Packet Pg. 109
In August 2015, a Citywide Comprehensive Drainage Study was prepared to analyze
the cause of, and prepare a conceptual solution for, 11 locations throughout the City
that have been experiencing groundwater discharge onto the public sidewalk and/or
roadways impacting vehicular and pedestrian traffic. The study developed a priority list,
preferred design scenario, and projected cost of implementing each design scenario.
Locations with maximum potential impacts to vehicular and pedestrian use were ranked
highest in priority (see Attachment 2 - Priority List). The recommended locations 1–4
were completed during the Phase 1, Phase 2, and Brea Canyon Cut -Off Street
Rehabilitation Projects. Location 5, the Flapjack Drive cul -de-sac, will be completed as
part of this Groundwater Drainage Improvements Phase 3 (Phase 3) Project (see
Attachment 3 – Location Map).
ANALYSIS:
On September 12, 2018, a Request for Proposals (RFP) was issued inviting qualified
consultants to submit proposals for the design of the Groundwater Drainage Phase 3
Project, the Area 7 Residential & Collector Streets Project, and the Diamond Bar Blvd
(from Mountain Laurel Way to Clear Creek Canyon Road) Rehabilitation Project .
In response to the City’s Request for Proposals (RFP), four (4) proposals were received
for engineering design services for the Phase 3 Project, and six (6) were received for
the Area 7 and Diamond Bar Blvd projects.
The proposals were reviewed and evaluated based on:
1) General responsiveness to the City’s RFP
2) Staff and firm experience with projects in similar size and scope
3) Approach/methodology
4) Hours and level of effort
5) Ability to meet the City’s schedule and expectations
6) References
The Area 7 and Diamond Bar Blvd project designs were awarded shortly afterward in
Fiscal Year 2018/19. The design for the Groundwater Drainage Improvements- Phase 3
Project was delayed due to the timing in Measure W funding disbursement from the Los
Angeles County Flood Control District.
The table below lists the proposed fees from the professional engineering consultants
submitted for the Phase 3 Project as well as the average hourly rate based on the total
proposed hours of work and the base fee:
Consultant Base Fee Base Fee + Alt. Item Average Hourly Rate
Tait & Associates $52,150 $69,010 $148 per hour
Penco Engineering $62,500 $69,500 $147 per hour
LAN $66,512 $85,387 $235 per hour
RKA Consulting Group $36,135 $42,100 $137 per hour
In consideration of the six (6) criteria mentioned above, staff concurred that the best
qualified firm for this project is Tait and Associates (Tait). Tait’s proposal discussed
3.4
Packet Pg. 110
several items that will prove critical for the project’s success including coordination with
the Los Angeles County Flood Control District to acquire connection permits should the
design require connection to the storm drain system , and working with different water
quality treatment manufacturers to ensure an ideal facility is installed. There is adequate
budget to include Tait’s proposed a lternate work items: utility potholing and as-built plan
submittal. Utility potholing will ensure a design that does not interfere with any
underground utility structures, and as-built plan submittal will provide the City with
construction-accurate plans post-construction to keep as the City’s permanent record.
Additionally, Tait was the firm that provided the design and construction administration
services for the Phase 1 and Phase 2 Projects above. Their experience with the
successful implementation of these projects will prove valuable in foreseeing any
challenges while efficiently completing the plans and specifications.
The City of Diamond Bar and Tait remain in agreement on the scope of work and fee
established in the original proposal from 2018.
The project schedule is tentatively set as follows:
Award of Contract July 2021
Begin Design August 2021
Complete Design January 2022
LEGAL REVIEW:
The City Attorney has reviewed and approved the agreement as to form.
PREPARED BY:
REVIEWED BY:
3.4
Packet Pg. 111
Attachments:
1. 3.4.a Attachment 1 - Consulting Services Agreement
2. 3.4.b Attachment 2 - Priority List
3. 3.4.c Attachment 3 - Location Map
3.4
Packet Pg. 112
1
CONSULTING SERVICES AGREEMENT
THIS AGREEMENT (the "Agreement") is made as of July 20, 2021 by and
between the City of Diamond Bar, a municipal corporation ("City") and Tait and
Associates, Inc., a California corporation ("Consultant")
1. Consultant's Services.
Subject to the terms and conditions set forth in this Agreement Consultant shall
provide to the reasonable satisfaction of the City the Groundwater Drainage
Improvements Phase 3 Project services set forth in the attached Exhibit "A", which is
incorporated herein by this reference. As a material inducement to the City to enter into
this Agreement, Consultant represents and warrants that it has thoroughly investigated
the work and fully understands the difficulties and restrictions in performing the work.
Consultant represents that it is fully qualified to perform such consulting services by
virtue of its experience and the training, education and expertise of its principals and
employees.
Fabian Aoun, Associate Engineer (herein referred to as the “City’s Project
Manager”), shall be the person to whom the Consultant will report for the performance
of services hereunder. It is understood that Consultant shall coordinate its services
hereunder with the City’s Project Manager to the extent required by the City’s Project
Manager, and that all performances required hereunder by Consultant shall be
performed to the satisfaction of the City’s Project Manager and the City Manager
2. Term of Agreement. This Agreement shall take effect July 20, 2021, and
shall continue unless earlier terminated pursuant to the provisions herein.
3. Compensation. City agrees to compensate Consultant for each service
which Consultant performs to the satisfaction of City in compliance with the scope of
services set forth in Exhibit "A". Payment will be made only after submission of proper
invoices in the form specified by City. Total payment to Consultant pursuant to this
Agreement shall not exceed Sixty Nine Thousand Ten Dollars ($69,010) without the
prior written consent of the City. The above not to exceed amount shall include all
costs, including, but not limited to, all clerical, administrative, overhead, telephone,
travel and all related expenses.
4. Payment.
A. As scheduled services are completed, Consultant shall submit to City an
invoice for the services completed, authorized expenses and authorized extra work
actually performed or incurred.
B. All such invoices shall state the basis for the amount invoiced, including
services completed, the number of hours spent and any extra work performed.
3.4.a
Packet Pg. 113
2
C. City will pay Consultant the amount invoiced the City will pay Consultant
the amount properly invoiced within 35 days of receipt, but may withhold 10% of any
invoice until all work is completed, which sum shall be paid within 35 days of completion
of the work and receipt of all deliverables.
D. Payment shall constitute payment in full for all services, authorized costs
and authorized extra work covered by that invoice.
5. Change Orders. No payment for extra services caused by a change in
the scope or complexity of work, or for any other reason, shall be made unless and until
such extra services and a price therefore have been previously authorized in writing and
approved by the City Manager or his designee as an amendment to this Agreement.
The amendment shall set forth the changes of work, extension of time, if any, and
adjustment of the fee to be paid by City to Consultant.
6. Priority of Documents. In the event of any inconsistency between the
provisions of this Agreement and any attached exhibits, the provisions of this
Agreement shall control.
7. Status as Independent Contractor.
A. Consultant is, and shall at all times remain as to City, a wholly
independent contractor. Consultant shall have no power to incur any debt, obligation, or
liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor
any of its agents shall have control over the conduct of Consultant or any of
Consultant's employees, except as set forth in this Agreement. Consultant shall not, at
any time, or in any manner, represent that it or any of its agents or employees are in
any manner agents or employees of City.
B. Consultant agrees to pay all required taxes on amounts paid to
Consultant under this Agreement, and to indemnify and hold City harmless from any
and all taxes, assessments, penalties, and interest asserted against City by reason of
the independent contractor relationship created by this Agreement. In the event that
City is audited by any Federal or State agency regarding the independent contractor
status of Consultant and the audit in any way fails to sustain the validity of a wholly
independent contractor relationship between City and Consultant, then Consultant
agrees to reimburse City for all costs, including accounting and attorney's fees, arising
out of such audit and any appeals relating thereto.
C. Consultant shall fully comply with Workers' Compensation laws
regarding Consultant and Consultant's employees. Consultant further agrees to
indemnify and hold City harmless from any failure of Consultant to comply with
applicable Worker's Compensation laws.
D. Consultant shall, at Consultant’s sole cost and expense fully secure
and comply with all federal, state and local governmental permit or licensing
3.4.a
Packet Pg. 114
3
requirements, including but not limited to the City of Diamond Bar, South Coast Air
Quality Management District, and California Air Resources Board.
E. In addition to any other remedies it may have, City shall have the
right to offset against the amount of any fees due to Consultant under this Agreement
any amount due to City from Consultant as a result of Consultant's failure to promptly
pay to City any reimbursement or indemnification required by this Agreement or for any
amount or penalty levied against the City for Consultant’s failure to comply with this
Section.
8. Standard of Performance. Consultant shall perform all work at the
standard of care and skill ordinarily exercised by members of the profession under
similar conditions and represents that it and any subcontractors it may engage, possess
any and all licenses which are required to perform the work contemplated by this
Agreement and shall maintain all appropriate licenses during the performance of the
work.
9. Indemnification. To the maximum extent permitted by Civil Code section
2782.8, Consultant shall indemnify and hold harmless City, its officers, officials,
employees and volunteers ("Indemnitees") from and against all liability, loss, damage,
expense, cost (including without limitation reasonable attorneys' fees, expert fees and
all other costs and fees of litigation) of every nature arising out of or in connection with:
(1) Any and all claims under Worker’s Compensation acts and other employee
benefit acts with respect to Consultant’s employees or Consultant’s contractors;
(2) Any and all claims arising out of Consultant's performance of work hereunder
or its failure to comply with any of its obligations contained in this Agreement. Should
City in its sole discretion find Consultant’s legal counsel unacceptable, then Consultant
shall reimburse the City its costs of defense to the extent of the Consultant’s
negligence, including without limitation reasonable attorneys' fees, expert fees and all
other costs and fees of litigation. The Consultant shall promptly pay any final judgment
rendered against the Indemnitees. Except for the Indemnitees, this Agreement shall not
be construed to extend to any third party indemnification rights of any kind; and
(3) Any and all claims for loss, injury to or death of persons or damage to
property caused by the negligent professional act or omission in the performance of
professional services pursuant to this Agreement.
(4) The Consultant's obligations to indemnify, defend to the extent of the
Consultant’s negligence and hold harmless the City shall survive termination of this
Agreement.
10. Insurance.
3.4.a
Packet Pg. 115
4
A. Consultant shall at all times during the term of this Agreement carry,
maintain, and keep in full force and effect, with an insurance company authorized to do
business in the State of California and approved by the City the following insurance:
(1) a policy or policies of broad-form comprehensive general liability
insurance written on an occurrence basis with minimum limits of $1,000,000.00
combined single limit coverage against any injury, death, loss or damage as a result of
wrongful or negligent acts by Consultant, its officers, employees, agents, and
independent contractors in performance of services under this Agreement;
(2) property damage insurance with a minimum limit of $500,000.00 per
occurrence;
(3) automotive liability insurance written on an occurrence basis covering
all owned, non-owned and hired automobiles, with minimum combined single limits
coverage of $1,000,000.00;
(4) Worker's Compensation insurance when required by law, with a
minimum limit of $500,000.00 or the amount required by law, whichever is greater; and
(5) Professional liability insurance covering errors and omissions arising
out of the performance of this Agreement with a combined single limit of $1,000,000. If
such insurance is on a claims made basis, Consultant agrees to keep such insurance in
full force and effect for at least five years after termination or date of completion of this
Agreement.
B. The City, its officers, employees, agents, and volunteers shall be named
as additional insureds on the policies as to comprehensive general liability, property
damage, and automotive liability. The policies as to comprehensive general liability,
property damage, and automobile liability shall provide that they are primary, and that
any insurance maintained by the City shall be excess insurance only.
C. All insurance policies shall provide that the insurance coverage shall not
be non-renewed, canceled, reduced, or otherwise modified (except through the addition
of additional insureds to the policy) by the insurance carrier without the insurance carrier
giving City ten (10) day's prior written notice thereof. Consultant agrees that it will not
cancel, reduce or otherwise modify the insurance coverage and in the event of any of
the same by the insurer to immediately notify the City.
D. All policies of insurance shall cover the obligations of Consultant pursuant
to the terms of this Agreement and except for professional liability insurance, shall be
issued by an insurance company which is authorized to do business in the State of
California or which is approved in writing by the City; and shall be placed have a current
A.M. Best's rating of no less than A-, VII. In the case of professional liability insurance,
such coverage shall be issued by companies either licensed or admitted to conduct
business in the State of California so long as such insurers possesses the
aforementioned Best's rating.
3.4.a
Packet Pg. 116
5
E. Consultant shall submit to City (1) insurance certificates indicating
compliance with the minimum insurance requirements above, and (2) insurance policy
endorsements or a copy of the insurance policy evidencing the additional insured
requirements in this Agreement, in a form acceptable to the City.
F. Self-Insured Retention/Deductibles. All policies required by this
Agreement shall allow City, as additional insured, to satisfy the self-insured retention
(“SIR”) and/or deductible of the policy in lieu of the Consultant (as the named insured)
should Consultant fail to pay the SIR or deductible requirements. The amount of the
SIR or deductible shall be subject to the approval of the City. Consultant understands
and agrees that satisfaction of this requirement is an express condition precedent to the
effectiveness of this Agreement. Failure by Consultant as primary insured to pay its SIR
or deductible constitutes a material breach of this Agreement. Should City pay the SIR
or deductible on Consultant’s due to such failure in order to secure defense and
indemnification as an additional insured under the policy, City may include such
amounts as damages in any action against Consultant for breach of this Agreement in
addition to any other damages incurred by City due to the breach.
G. Subrogation. With respect to any Workers' Compensation Insurance or
Employer's Liability Insurance, the insurer shall waive all rights of subrogation and
contribution it may have against the Indemnitees.
H. Failure to Maintain Insurance. If Contractor fails to keep the insurance
required under this Agreement in full force and effect, City may take out the necessary
insurance and any premiums paid, plus 10% administrative overhead, shall be paid by
Consultant, which amounts may be deducted from any payments due Consultant.
I. Consultant shall include all subcontractors, if any, as insureds under its
policies or shall furnish separate certificates and endorsements for each subcontractor
to the City for review and approval. All insurance for subcontractors shall be subject to
all of the requirements stated herein.
11. Confidentiality. Consultant in the course of its duties may have access
to confidential data of City, private individuals, or employees of the City. Consultant
covenants that all data, documents, discussion, or other information developed or
received by Consultant or provided for performance of this Agreement are deemed
confidential and shall not be disclosed by Consultant without written authorization by
City. City shall grant such authorization if disclosure is required by law. All City data
shall be returned to City upon the termination of this Agreement. Consultant's covenant
under this section shall survive the termination of this Agreement. Notwithstanding the
foregoing, to the extent Consultant prepares reports of a proprietary nature specifically
for and in connection with certain projects, the City shall not, except with Consultant's
prior written consent, use the same for other unrelated projects.
12. Ownership of Materials. Except as specifically provided in this
Agreement, all materials provided by Consultant in the performance of this Agreement
3.4.a
Packet Pg. 117
6
shall be and remain the property of City without restriction or limitation upon its use or
dissemination by City. Consultant may, however, make and retain such copies of said
documents and materials as Consultant may desire.
13. Maintenance and Inspection of Records. In accordance with generally
accepted accounting principles, Consultant and its subcontractors shall maintain
reasonably full and complete books, documents, papers, accounting records, and other
information (collectively, the “records”) pertaining to the costs of and completion of
services performed under this Agreement. The City and any of their authorized
representatives shall have access to and the right to audit and reproduce any of
Consultant's records regarding the services provided under this Agreement. Consultant
shall maintain all such records for a period of at least three (3) years after termination or
completion of this Agreement. Consultant agrees to make available all such records for
inspection or audit at its offices during normal business hours and upon three (3) days'
notice from the City, and copies thereof shall be furnished if requested.
14. Conflict of Interest.
A. Consultant covenants that it presently has no interest and shall not
acquire any interest, direct or indirect, which may be affected by the services to be
performed by Consultant under this Agreement, or which would conflict in any manner
with the performance of its services hereunder. Consultant further covenants that, in
performance of this Agreement, no person having any such interest shall be employed
by it. Furthermore, Consultant shall avoid the appearance of having any interest which
would conflict in any manner with the performance of its services pursuant to this
Agreement.
B. Consultant covenants not to give or receive any compensation,
monetary or otherwise, to or from the ultimate vendor(s) of hardware or software to City
as a result of the performance of this Agreement. Consultant's covenant under this
section shall survive the termination of this Agreement.
15. Termination. The City may terminate this Agreement with or without
cause upon fifteen (15) days' written notice to Consultant. The effective date of
termination shall be upon the date specified in the notice of termination, or, in the event
no date is specified, upon the fifteenth (15th) day following delivery of the notice. In the
event of such termination, City agrees to pay Consultant for services satisfactorily
rendered prior to the effective date of termination. Immediately upon receiving written
notice of termination, Consultant shall discontinue performing services, unless the
notice provides otherwise, except those services reasonably necessary to effectuate the
termination. The City shall be not liable for any claim of lost profits.
16. Personnel/Designated Person. Consultant represents that it has, or will
secure at its own expense, all personnel required to perform the services under this
Agreement. All of the services required under this Agreement will be performed by
Consultant or under it supervision, and all personnel engaged in the work shall be
qualified to perform such services.
3.4.a
Packet Pg. 118
7
17. Non-Discrimination and Equal Employment Opportunity.
A. Consultant shall not discriminate as to race, color, creed, religion,
sex, marital status, national origin, ancestry, age, physical or mental handicap, medical
condition, or sexual orientation, in the performance of its services and duties pursuant to
this Agreement, and will comply with all rules and regulations of City relating thereto.
Such nondiscrimination shall include but not be limited to the following: employment,
upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and selection for training,
including apprenticeship.
B. Consultant will, in all solicitations or advertisements for employees
placed by or on behalf of Consultant state either that it is an equal opportunity employer
or that all qualified applicants will receive consideration for employment without regard
to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical
or mental handicap, medical condition, or sexual orientation.
C. Consultant will cause the foregoing provisions to be inserted in all
subcontracts for any work covered by this Agreement except contracts or subcontracts
for standard commercial supplies or raw materials.
18. Time of Completion. Consultant agrees to commence the work provided
for in this Agreement within (5) days of being notified by the City to proceed and to
diligently prosecute completion of the work or as may otherwise be agreed to by and
between the Project Manager and the Consultant.
19. Time Is of the Essence. Time is of the essence in this Agreement.
Consultant shall do all things necessary and incidental to the prosecution of
Consultant's work.
20. Reserved
21. Delays and Extensions of Time. Consultant's sole remedy for delays
outside its control shall be an extension of time. No matter what the cause of the delay,
Consultant must document any delay and request an extension of time in writing at the
time of the delay to the satisfaction of City. Any extensions granted shall be limited to
the length of the delay outside Consultant’s control. If Consultant believes that delays
caused by the City will cause it to incur additional costs, it must specify, in writing, why
the delay has caused additional costs to be incurred and the exact amount of such cost
within 10 days of the time the delay occurs. No additional costs can be paid that
exceed the not to exceed amount absent a written amendment to this Agreement. In no
event shall the Consultant be entitled to any claim for lost profits due to any delay,
whether caused by the City or due to some other cause.
22. Assignment. Consultant shall not assign or transfer any interest in this
Agreement nor the performance of any of Consultant's obligations hereunder, without
3.4.a
Packet Pg. 119
8
the prior written consent of City, and any attempt by Consultant to so assign this
Agreement or any rights, duties, or obligations arising hereunder shall be void and of no
effect.
23. Compliance with Laws. Consultant shall comply with all applicable laws,
ordinances, codes and regulations of the federal, state, and local governments.
24. Non-Waiver of Terms, Rights and Remedies. Waiver by either party of
any one or more of the conditions of performance under this Agreement shall not be a
waiver of any other condition of performance under this Agreement. In no event shall
the making by City of any payment to Consultant constitute or be construed as a waiver
by City of any breach of covenant, or any default which may then exist on the part of
Consultant, and the making of any such payment by City shall in no way impair or
prejudice any right or remedy available to City with regard to such breach or default.
25. Attorney's Fees. In the event that either party to this Agreement shall
commence any legal or equitable action or proceeding to enforce or interpret the
provisions of this Agreement, the prevailing party in such action or proceeding shall be
entitled to recover its costs of suit, including reasonable attorney's fees and costs,
including costs of expert witnesses and consultants.
26. Mediation. Any dispute or controversy arising under this Agreement, or in
connection with any of the terms and conditions hereof, which cannot be resolved by
the parties, may be referred by the parties hereto for mediation. A third party, neutral
mediation service shall be selected, as agreed upon by the parties and the costs and
expenses thereof shall be borne equally by the parties hereto. The parties agree to
utilize their good faith efforts to resolve any such dispute or controversy so submitted to
mediation. It is specifically understood and agreed by the parties hereto that mutual
good faith efforts to resolve the same any dispute or controversy as provided herein,
shall be a condition precedent to the institution of any action or proceeding, whether at
law or in equity with respect to any such dispute or controversy.
27. Notices. Any notices, bills, invoices, or reports required by this
Agreement shall be deemed received on (a) the day of delivery if delivered by hand
during regular business hours or by facsimile before or during regular business hours;
or (b) on the third business day following deposit in the United States mail, postage
prepaid, to the addresses heretofore set forth in the Agreement, or to such other
addresses as the parties may, from time to time, designate in writing pursuant to the
provisions of this section.
3.4.a
Packet Pg. 120
9
“CONSULTANT” “CITY”
Tait and Associates, Inc. City of Diamond Bar
701 N Parkcenter Dr 21810 Copley Drive
Santa Ana, CA 92705 Diamond Bar, CA 91765-4178
Attn.: David Sloan, P.E. Attn.: David G. Liu, Director of
Public Works/City Engineer
Phone: 714-560-8200 Phone: 909-839-7038
E-Mail: dsloan@tait.com E-mail: dliu@diamondbarca.gov
28. Governing Law. This Agreement shall be interpreted, construed and
enforced in accordance with the laws of the State of California.
29. Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall be deemed to be the original, and all of which together
shall constitute one and the same instrument.
30. Entire Agreement. This Agreement, and any other documents
incorporated herein by reference, represent the entire and integrated agreement
between Consultant and City. This Agreement supersedes all prior oral or written
negotiations, representations or agreements. This Agreement may not be amended,
nor any provision or breach hereof waived, except in a writing signed by the parties
which expressly refers to this Agreement. Amendments on behalf of the City will only
be valid if signed by a person duly authorized to do so under the City's Purchasing
Ordinance.
IN WITNESS of this Agreement, the parties have executed this Agreement
as of the date first written above.
"Consultant" "City"
TAIT AND ASSOCIATES, INC. CITY OF DIAMOND BAR
By: ______ By: ____
Printed Name: Nancy Lyons, Mayor
Title:
By: ATTEST:
Printed Name:
Title:
Kristina Santana, City Clerk
Approved as to form:
By:____
David A. DeBerry, City Attorney
3.4.a
Packet Pg. 121
10
*NOTE: If Consultant is a corporation, the City requires the following signature(s):
-- (1) the Chairman of the Board, the President or a Vice-President, AND (2) the Secretary,
the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant
Treasurer. If only one corporate officer exists or one corporate officer holds more than
one corporate office, please so indicate. OR
-- The corporate officer named in a corporate resolution as authorized to enter into this
Agreement. A copy of the corporate resolution, certified by the Secretary close in time to
the execution of the Agreement, must be provided to the City.
3.4.a
Packet Pg. 122
O c t o b e r 5 , 2 0 1 8
P R O P O S A L F O R C I V I L E N G I N E E R I N G D E SI G N S E R V I C E S F O R :
G R O U N D W A TE R D R A I N A G E I M P R O V E M EN T S P H A S E 3
(PR O J E C T 2 )
Submitted To :
M r . Fa b ia n A ou n, P .E .
A ssi st a n t En g in eer
C i t y o f Di a mon d B a r
D ep a rt men t o f P ub l ic W o rk s
2 1 8 1 0 C op l ey D r i ve
D i a mo nd Ba r, C A 9 17 6 5
Submitted By:
T A I T & A sso ci a t es , In c .
701 N. Pa rk c en t er Dr .
S a n ta An a, C A 9 2 7 0 5
( 7 1 4 ) 5 6 0 -8200
www.tait.com
EXHIBIT "A"
3.4.a
Packet Pg. 123
Cover Letter
October 5, 2018
Mr. Fabian Aoun, P.E.
Assistant Engineer
City of Diamond Bar
Department of Public Works
21810 Copley Drive
Diamond Bar, CA 91765
RE: Request for Proposals for Civil Engineering Design Services for: Groundwater Drainage Improvements
Phase 3 (Project 2)
Dear Mr. Aoun,
TAIT & Associates, Inc. (TAIT) is pleased to submit the enclosed proposal in response to City of Diamond Bar/s
(City) Request for Proposals (RFP) to provide civil engineering design services for Groundwater Drainage
Improvements Phase 3.
TAIT at a Glance. At TAIT, we have provided innovative engineering solutions to our clients for more than 50
years. We understand that public projects have their own specific issues, and with 150 associates, we have the
right blend of professional engineers, surveyors, environmental assessors, and construction personnel with the
experience necessary to address critical and big picture concerns. Since TAIT was founded in 1964 in Orange
County, we have built mature relationships with state and local agencies throughout Southern California and
consistently create successful partnerships with the agencies for which we work.
Experience and Expertise. With a diverse engineering staff, our firm has expertise in the many facets of civil
engineering and construction management, both on and off site, planning, and design services including: storm
drains, roadways, pavement and parking rehabilitation, water quality, water and waste water, utilities, site
development and remediation, surveying, and mapping. In addition to engineering services, our company also
has architecture, entitlements, and environmental groups which are ready to serve the City should the
opportunity arise. Our project experience is vast and includes recent projects such as the; Reagan and Peterson
Park Parking Lot Rehabilitation Design and Construction Management Project for the City of Diamond Bar, the
Tustin Metrolink Station drainage improvements for City of Tustin/OCTA, and the Overly, Alley Reconstruction,
and Cerritos Ave. Widening Design for City of Stanton, to name a few.
Project Team. As part of our project approach, we have reviewed the project needs and site requirements in order
to propose the most effective staff. With 32 years of experience, Jacob Vandervis, PE, will act as Principal in
Charge and will personally lead the team to success.
David Sloan, PE, will serve as the Project Manager on this contract. David has worked with the City of Diamond
Bar as Project Manager, Construction Manager, and Project Engineer on multiple previous projects, including
the current Drainage Improvement Design and CM at Three Locations, and the recent Reagan and Peterson Park
Parking Lot Rehabilitation Project. His local knowledge and familiarity with City officials and methodologies will
ensure speedy and efficient completion. David’s career has been rooted exclusively in public roadway design and
construction. His background and experience of local street rehabilitation projects will be invaluable to the City
on this contract. David will be supported by expert project engineer, Daniela Malott, P.E.
3.4.a
Packet Pg. 124
Cover Letter
Mr. Todd Schmieder, PE, will be the QA/QC Manager of TAIT’s services to the City. Mr. Schmieder has over 38
years of public works experience. His extensive background in public street rehabilitation projects will allow for a
value assessment of the proposed design while ensuring the quality expected by the City.
Quality and Cost Effectiveness. TAIT will work with the City on budget limits and always ensure quality services
are provided at the most efficient cost possible. We have successfully met all past budgets on similar projects,
creating lasting relationships with other agencies and earning repeated success and referrals.
We understand that TAIT will have contractual obligation with the City of
Diamond Bar with regard to this project. We aim to act as an extension of
the City’s staff and will place an emphasis on Customer Service which has
been and will remain one of TAIT’s Corporate Goals “To Completely
Satisfy our Customers”. We are excited to have this opportunity to start
a successful relationship with the City of Diamond Bar and serve on this
project.
I will be the legal contact person for this procurement and can be reached
at (714) 560-8200 x. 677 at any time should you have any questions
regarding our proposal. We thank you for this opportunity to submit to
you on this contract and look forward to further discussing with you on
our qualifications and commitment to working with the City of Diamond
Bar.
Very truly yours,
TAIT & ASSOCIATES, INC.
Jacob Vandervis, P.E.
Chief Operations Officer and Vice President
TAIT’s legal name is Tait &
Associates, Inc., and we are
a California Corporation
(C0495510) headquartered
at 701 Parkcenter Drive in
the city of Santa Ana, CA.
3.4.a
Packet Pg. 125
TAIT & Associates, Inc.
Groundwater Drainage Improvements Phase 3
Page | 1
A. PROJECT TEAM
TAIT & Associates, Inc. (TAIT) has reviewed the City’s RFP, visited the project site, met with City staff to discuss the
project, and has conducted team meetings in order to propose the best project team for the City of Diamond Bar
on this project. We have tailored our team to include design and construction staff who are familiar with the City
of Diamond Bar and who understand pavement rehabilitation and construction issues.
The following table summarized our proposed key staff’s titles, license numbers and experience, and following
the table is an organization chart for the proposed project team. Full Resumes are included in the Appendix.
Organization Chart
Qualifications of the Key Personnel
DAVID SLOAN, P.E., PROJECT MANAGER
David Sloan, PE is the proposed TAIT Project Manager on this contract. He is the ideal candidate for the City of
Diamond Bar for the successful design of the contract due to his:
Dedicated design and management experience in the public roadway design sector over the past 11 years
Prior Design/Project Management experience with the City of Diamond Bar
Commitment to client satisfaction and clear correspondence on each of his projects
David has worked closely with the City of Diamond Bar over the past 7 years and understands the City’s needs
and preferences for design and construction management. David’s experience includes the design of 5 projects
Name
Classification/
Designation
Licenses/Certifications
Registrations
Years of
Experience
Time with
Firm
David Sloan, P.E. Project Manager CA No. C82595 11 4
Jacob Vandervis, P.E. Principal-In-Charge CA No. C46301 32 21
Todd Schmieder, P.E., QSD/P QA/QC Manager CA No. C37167 38 13
Daniela Malott, P.E. Project Engineer CA No. C86581 6 2
Project Manager
David Sloan, P.E.
QA/QC Manager
Todd Schmieder, P.E.
Principal in Charge
Jacob Vandervis, P.E.
Design Phase
Daniela Malott, P.E.
Project Engineer*
TAIT Engineering & Surveying Support Staff
3.4.a
Packet Pg. 126
TAIT & Associates, Inc.
Groundwater Drainage Improvements Phase 3
Page | 2
and the construction management of 6 projects in the City of Diamond Bar, design and construction
management of over 50% of the City of Placentia’s residential and collector streets, and the design and
construction management of multiple public roadway rehabilitation projects throughout the Southern California
Region.
JACOB VANDERVIS, P.E., PRINCIPAL-IN-CHARGE
Jacob Vandervis, P.E., Chief Operating Officer of TAIT & Associates, will act as principal in charge for this contract
and will be responsible for signing and approving all contracts. As Principal-In-Charge Mr. Vandervis will insure
that the TAIT team has the adequate staff resources to complete our services to the City.
D. TODD SCHMIEDER, P.E., QA/QC MANAGER
Todd Schmieder, PE, will serve as the QA/QC manager on this contract. Todd, having over 38 years of diversified
public and private sector design management experience, including extensive plan review experience for various
public agencies including the City of Diamond Bar, is the best candidate to provide QA/QC services on this contract.
DANIELA MALOTT, P.E., PROJECT ENGINEER
Ms. Malott has a strong civil engineering background with a focus on water resources and surface runoff and
water quality engineering. Her public sector experience includes working on projects for the County of Orange,
the City of Rancho Palos Verdes, the City of Chino, the City of Chino Hills, and the City of Santa Ana. In her current
roll at TAIT she provides technical plan check reviews for the County of Orange as well as provides design
engineering services on multiple assignments
B. FIRM’S EXPERIENCE/REFERENCES
Drainage Improvement Project Phase 1 & 2
Diamond Bar, CA
TAIT was hired by the City of Diamond Bar to provide design engineering and
construction management services for Phase 1 & Phase 2 of the City’s Drainage
Improvement Project. This project included three separate areas:
Brea Canyon Road – Parkway Drain System & Perforated Drain
Hipass Drive – Sub drain System, Low Flow Storm Drain & X-gutters
Golden Springs – Sub drain System & Low Flow Storm Drain
This project included extensive coordination with the City and the design team
in order to recommend and implement final design scenarios for each location.
Appropriate water quality treatment systems were implemented in all systems
that have direct storm drain connection (modular wetland system), and the sub
drain system and crossing were analyzed to avoid conflicts.
During the construction phase, TAIT managed the contractor in order to review
the field operations, respond to design related inquiries, updated designs based
on final field needs, and successfully completed the construction project. The
construction of this project was completed in 2018 within budget.
Reference Contact:
John Beshay
(909) 839-7043
Client:
City of Diamond Bar
Construction Cost:
$400 K
Project Dates
Design: 2017-2018
Construction: 2018
Project Team:
PIC: Jacob Vandervis
PM/CM: David Sloan
IOR: Michael Delagarza
QA/QC: Todd Schmieder
3.4.a
Packet Pg. 127
TAIT & Associates, Inc.
Groundwater Drainage Improvements Phase 3
Page | 3
Tustin Metrolink Station Redevelopment Project
Tustin, CA
TAIT was a member of the team selected by OCTA for the planning and design for
the redevelopment of the existing Tustin Metrolink Station in Orange County. TAIT
provided civil design, utility coordination, surveying, and mapping services on the
design team. The project included the design of nearly 500 additional parking
spaces and the expansion of the existing bus staging area. The existing Station
opened in 2001 and is owned and operated by the City of Tustin. The existing
station provided 318 parking spaces and 2 on-site bus loading areas. The proposed
expansion increased the number of parking spaces to 825 spaces and provided 10
to 12 bus stop & loading areas. The project’s 5-level parking structure on be
located within the existing stations at-grade parking lot on the City’s 3.7-acre
parcel. The project includes a new fire protection system for the parking structure
and the relocation of existing communication, electrical power, sewer, public
water, private water and storm drain lines to accommodate the new parking
structure. Existing pavement was reused where possible to help minimize the cost
for the project. The $17,600,000 project is funded by the Orange County
Transportation Authority (OCTA) and includes funds from the State Transportation
Improvement Program, Local Measure M and Proposition 116 programs.
Overlay, Alley Reconstruction, and Cerritos Ave. Widening Project
Stanton, CA
TAIT & Associates was selected by the City of Stanton to provide roadway and
drainage design services on three separate project areas.
1. Cerritos Avenue Widening & Drainage Improvement Project (Drainage)
2. Palais Alley Reconstruction Project (Drainage)
3. Bradford Community and Rutledge Avenue Rehabilitation Project
Cerritos avenue widening project required the widening of Cerritos avenue from
Rose Ave to Flower Street which included removal and reconstruction of existing
parkway improvements, relocation of power poles, fire hydrant, water meter, and
roadway signs, construction of new curb and gutter, curb ramps, and alley
approach, and the relocation and construction of a new storm drain catch basin and
lateral. Palais Alley reconstruction required the full removal of existing AC paved
alley surface and construction of a new PCC paved alley surface to ultimate flowline.
Bradford Community and Rutledge Avenue Rehabilitation Project included the
grind and overlay of Rutledge Avenue from Western Avenue to Bradford Street, as
well as the full depth reconstruction of all internal development streets to repair
severely damaged roadway conditions. Construction for Bradford and Palais Alley
projects are scheduled for summer of 2017 with the remaining projects following
soon after.
Reference Contact:
Allan Rigg, PE
(714) 890-4203
Client: City of Stanton
Construction Cost:
$1.3 M
Project Dates
Design: Jan-May, 2017
Const.: Summer, 2017
Project Team:
PIC: Jacob Vandervis
PM: David Sloan
QA/QC: Todd Schmieder
PE: Chris Engelbach
Reference Contact:
Lora Cross
(714) 560-5788
Client: OCTA
Construction Cost:
2009-2011
Project Dates:
2009-2011
Project Team:
PIC: Jacob Vandervis
PM: Todd Schmieder
3.4.a
Packet Pg. 128
TAIT & Associates, Inc.
Groundwater Drainage Improvements Phase 3
Page | 4
C. PROJECT UNDERSTANDING
The City of Diamond Bar is seeking a civil engineering firm to provide design engineering services for the citywide
ground water drainage improvement project – phase 3. TAIT has significant background and knowledge on this
project based on our involvement in the original design analysis and recommendation for the original design
scenarios. Based on our review of the City’s RFP, it is our understanding that the City is seeking the following
services as part of this project:
Field review and topographic survey to verify the actual design elevations and viability of scenarios
Preliminary design and recommendation of the preferred scenario
Preparation of clear and constructible PS&E for the drainage improvements
Coordination with LACFCD to verify requirements and obtain connection permit (if needed)
Provide construction support to answer questions and provide design review (as needed)
In order for this contract to be successful, it will be critical that the selected design consultant design balance
the City’s goals to eliminate the perennial surface runoff while also accommodating the planned construction
budget.
TAIT has review the City’s RFP, has visited the project site, and has discussed the project with the team to better
understand the work at hand. Due to the tight page limit on this proposal, the project understanding and
problems and solutions have been limited to a minimum detail, however, TAIT has extensive background,
understanding, and suggestions on this project. The following is a brief outline of the key items
Key Site Observations
Based on review of the site on 9/25/2018 it appears to be that the perennial flows have stayed consistent
throughout the past three years. As a result, a significant increase of the flows does not appear to be
likely and the design can be based on current flows being encountered.
Due to the fact that staining and ponding along Flapjack and crooked creek are currently encountered it
is not preferred to discharge the flows to a parkway drain along Crooked Creek, and if the construction
budget allows, it is recommended that the flows be conveyed to one of the two recommended catch
basins.
Though costs are higher, the preferred scenario is to discharge to the catch basin located at Gold run Dr.
since this location does not require pressure flow of the pipe. Based on results of the potholing and final
design recommendations, TAIT will conduct a final design recommendation for the City.
Early and constant communication with LACFCD should be conducted to verify the level of detail and
reports that will be required. TAIT’s proposal assumes a LACFCD connection permit, but does not include
any form of hydrology or water quality reporting. Supplemental letter, manufactures data, and design
plans are anticipated to be sufficient for the purpose of the minor drainage connection
Problems & Solutions
Problem: Selection of ideal treatment system that can convey the perennial flows.
Solution: The key to success on this project will be the proper selection and recommendation of the
ideal water quality treatment system that is upstream of the low flow drain. In order to aid in the
proper selection of the systems, TAIT will reach out to multiple water quality treatment manufacturers
3.4.a
Packet Pg. 129
TAIT & Associates, Inc.
Groundwater Drainage Improvements Phase 3
Page | 5
to get pricing and recommendations for the ideal water quality system. By utilizing a preapproved
water quality system prior to discharge of storm water, it is anticipated that further water quality
management design and review will not be required on this project.
Work Plan/Scope of Work
TAIT takes no exceptions to the City’s proposed scope of work. Based on our review of the City’s RFP, project site
and existing records, the following is our proposed final scope of work for the City’s design contract:
A. Project Kick-Off Meeting
A design kick-off meeting with TAIT’s key team members, City staff, and other affected parties, will be held at the
start of the project to identify clear lines of communication and review the final scope, schedule, milestones and
other project details of concern. At this meeting the project’s schedule will be confirmed with the City. It is
anticipated that the City will provide all pertinent record information for the existing City streets and utilities
including as-built plans, record plans, CAD files and GIS files, for the project limits. Upon completion of the
meetings, TAIT will also prepare meeting minutes for circulation, review and comments.
Deliverables: Meeting Agenda & Minutes
B. Existing Records, Field Survey, and Basemapping
Research of record Information from City files will be conducted to acquire existing available design records and
utility information. It is anticipated that the information collected during the research phase will be used to assist
in the development of the project base maps. This task also includes hours required to review the site conditions
for each project location to document current field conditions and review any chances that have occurred since
the date of the initial report preparation. Finally, this task includes the field survey time required to obtain
topographic survey and storm drain invert data at each of the project locations. Survey will be on a temporary
basis of bearing and benchmark.
Deliverables: Digital Copies of Obtained Records, Field Notes, Observations, & Photos, Topographic Field Survey
C. Utility Research & Notification
As part of our base scope of work, TAIT will prepare and distribute two utility notices to affected utility agencies.
The first notice will be distributed at project inception and will notify the utilities of the project and will request
records for only areas that the Utility foresees conflicts with. The second notice will be distributed to all present
utilities at the 80% design completion stage and will include a reduced size plan for the utility’s review and
comment. TAIT will review all obtained record data and will coordinate with utilities that may be affected in order
to obtain further design and construction requirements. All utility coordination, records and data will be compiled
at the end of the project and will be submitted to the City for future reference.
Deliverables: Utility Notices (1st & 2nd)
D. Drainage Improvement PS&E
Upon completion of the project research and Basemapping, TAIT will initiate the preparation of the PS&E design
package.
D.1) Preliminary Design Analysis, Coordination, & Recommendations: As an initial task for the design process,
TAIT will prepare preliminary alignments and conduct initial design conflict checks in order to implement the
3.4.a
Packet Pg. 130
TAIT & Associates, Inc.
Groundwater Drainage Improvements Phase 3
Page | 6
initial design recommendations for each project area. Initial items anticipated during the preliminary design
task are as follows:
Contact and verify design and submittal requirements for LACFCD connection permit
Review field conditions and determine necessary treatment flow rate at Hi-pass drive
Contact manufacturer for trench drain system and verify best product for implementation
Coordinate with City/Stakeholders regarding private improvements (Golden Springs Slope Grading)
Check record depths for utility crossings and determine if further potholing/review will be required
Prepare preliminary design alignments and submit to City for initial review and approval
D.2) Construction Drawings: Upon completion of the preliminary design and the City’s approval of the initial
design concept, TAIT will initiate the preparation of the design plans. Based on our review of the RFP, the
following are the anticipated plan sheets on this contract:
SHEET DESCRIPTION SCALE SHEETS
Title Sheet -- 1
Notes, Details, & Typical Sections -- 1
Drainage Improvement Plans 1” = 20’ H, 1” = 4’ V 2
Drainage Connection Details 1” = 20’ H, 1” = 4’ V 1
Total Sheet Count -- 7
The Drainage Improvement Plans will be prepared at a 1” = 20’ horizontal and 1” = 4’ vertical scale (when profiles
are needed). Due to the fact that an LA County Flood Connection Permit will be required on this project, the plans
that require connections must be in plan and profile, or have a detail that is prepared I plan and profile for the
connection per the County’s formatting requirements. Stationing will be determined by roadway and existing
storm drain stationing and will be depicted on the plans for connection points with elevations, and plan callouts
for each construction item. Drainage improvement plans will be prepared as early as possible in order to facilitate
an expedited submittal to the County for review and approval.
QA/QC: Prior to each submittal, TAIT will conduct a full QA/QC per our quality assurance program described at
the end of this section. Upon completion of the QA/QC review, TAIT staff will incorporate the noted comments
and will begin compiling the PS&E for submittal to City. TAIT will plot, compile and deliver the noted number and
format of PS&E to the City for each submittal per the RFP requirements.
D.3) Specifications: TAIT will prepare draft technical specifications for the proposed project based on the City
boilerplate specifications. Each work item will have a clear measurement and payment clause in order to avoid
costly change orders during the construction phase. Specifications will also include clear delineation of the traffic
control requirements and parameters as well as coordination requirements with utilities. Finally, the project
specifications will be reviewed by the QA/QC Manager prior to each submittal per the quality assurance program.
D.4) Engineer’s Estimate: TAIT will prepare an updated engineer’s cost estimate at the 80% PS&E submittal stage
for City review and input. Unit prices will be checked against recent City of Diamond Bar projects. Work items
will be prepared to correlate with the preliminary specifications, and will include all work items including
3.4.a
Packet Pg. 131
TAIT & Associates, Inc.
Groundwater Drainage Improvements Phase 3
Page | 7
mobilization, storm water compliance, traffic control, and striping. The cost estimate will be reviewed by the
QA/QC Manager prior to each submittal per the quality assurance program.
Deliverables: PS&E
E. LA County Flood Control District Connection Permits
TAIT will initiate contact with LA County Flood at the inception of the project. During the 80% PS&E Phase, TAIT
will prepare the connection permit application form and will submit the connection permit to the County for
review & approval. This task includes the necessary hours to prepare the required forms, compile and submit the
previously noted plans, and revise/resubmit the plans to the County based on received comments. The
preparation of a Hydrology Study and a Water Quality Management Plan are not included and assumed to not be
required for this Connection Permit due to the fact that hydrology/hydraulics are not being revised.
Deliverables: LA County Flood Connection Permit Package
F. Bid & Construction Assistance
Upon approval of the PS&E and issuance of the Bid documents, TAIT will provide support to the City during the
entirety of bidding phase. TAIT will actively respond to any received RFIs, and will provide necessary support to
City staff to provide any additional material that may be required.
Deliverables: Response to RFIs (Assumes 4 max)
G. Design Project Management & Meetings
This work item includes all project management, project meeting, coordination, and administrative hours for this
contract. As part of our base scope, in addition to the design kickoff and site visit meeting, TAIT has assumed one
additional project meeting to be held at City Hall during the life of the design phase. All other meetings and
correspondence will be via phone or go-to meeting conferences to review project material.
Deliverables: Meeting Agendas & Minutes
ALTERNATE WORK ITEMS:
2-A: Utiliyt Potholing
Based on the final design alternative and the anticipated crossings, it is anticipated that utility potholing may be
required on this project. TAIT has provided a budgetary fee of $10,000 to cover the costs of any anticipated
potholing services on this contract. Upon authorization of the alternate work item, TAIT will obtain bids from
qualified contractors and will work with the City to maximize this budget item.
2-B: As-Built Plans
Should the City request it, TAIT will compile the contractor and inspector provided red line documents for this
project and prepare a final As-Built PDF plan set for City review and records.
3.4.a
Packet Pg. 132
TAIT & Associates, Inc.
Groundwater Drainage Improvements Phase 3
Page | 9
E. RESOURCE REQUIREMENTS
Per the RFP requirements, resource requirements have been prepared for this project and is presented below for City review.
F. FEE SCHEDULE
A Not to Exceed (NTE) fee proposal has been included in a sealed envelope containing the cost/hour breakdown of each work item. The cost proposal
is based on the scope presented in this contact and includes all work items requested by the City.
WORK TASK PM/QA/QC Project Designer 2-Man Admin ITEM TOTALS
TASK #CM Manager Engineer I Survey HOURS
1) DESIGN SERVICES
Project Kick Off Meeting A 2 2 4
Existing Records, Field Survey, & Basemapping B 4 0 16 28 16 0 64
Records Research & Compilation B.1 1 4 4 9
Design Field Walk, Topographic Survey, and Basemapping B.2 3 12 24 16 55
Utility Research and Notification C 4 8 2 14
Drainge Improvement PS&E D 8 6 58 108 0 4 184
Preliminary Design Analysis, Coordination, & Recommendations D.1 2 2 16 40 60
Construction Drawings D.2 3 2 24 60 89
Specificatoins D.3 2 1 16 4 23
Engineer's Estimate D.4 1 1 2 8 12
LACFCD Connection Permit E 2 8 32 42
Bid & Construction Assistance F 8 4 12
Design Project Management & Meetings G 16 8 8 32
SUBTOTAL 40 6 100 176 16 14 352
3.4.a
Packet Pg. 133
TAIT & Associates, Inc.
Groundwater Drainage Improvements Phase 3
Page | 10
G. INSURANCE
Per RFP requirements, TAIT Certifies that it has in place the required insurance coverage per the City’s contract
requirements and will provide all insurance documentation upon notification of award for this contract. .
H. REFERENCES
City of Stanton
Allan Rigg, PE
(714) 890-4203
7800 Katella Ave.
Stanton, CA 90680
City of Newport Beach
Frank Tran, PE
(949) 644-3340
100 Civic Center Drive
Newport Beach, CA 92660
County of Orange – OC Facilities Division
Mr. Steve Johsz
(714) 567-7742
1152 E. Fruit Street, Blvd. 1
Santa Ana, CA 92701
City of Pomona
Matt Pilarz, PE
(909) 620-3652
505 S Garey Ave.
Pomona, CA 91766
City of Tustin
Mr. Doug Stack, PE
(714) 573-3163
300 Centennial Way,
Tustin, CA 92780
City of Lake Forest
Doug Erdman, PE
(949) 282-5233
25550 Commercentre Drive
Lake Forest, CA 92630
I. CONSULTING SERVICES AGREEMENT
TAIT accepts all terms and conditions outlined in the City’s Consulting Services Agreement, but we suggest two
minor clarifications to sections 4 and 9 of the agreement for the City’s review:
3.4.a
Packet Pg. 134
TAIT & ASSOCIATES PROPOSAL FOR
GROUNDWATER DRAINAGE IMPROVEMENTS PHASE 3 Total Estimated Fee:52,150$
PROJECT FINANCIAL SUMMARY Total Estimated Fee + Alternate Items:69,010$
BILLING RATES 210 195 155 110 310 90 TOTAL PROJET COSTS
WORK TASK PM/QA/QC Proj. Eng./Designer 2-Man Admin Consultant/ITEM TOTALS
TASK #CM Manager Inspector I Survey Expense HOURS BILLABLE
1) DESIGN SERVICES
Project Kick Off Meeting A 2 2 -$ 4 730$
Existing Records, Field Survey, & Basemapping B 4 0 16 28 16 0 -$ 64 11,360$
Records Research & Compilation B.1 1 4 4 -$ 9 1,270$
Design Field Walk, Topographic Survey, and Basemapping B.2 3 12 24 16 -$ 55 10,090$
Utility Research and Notification C 4 8 2 -$ 14 1,680$
Drainge Improvement PS&E D 8 6 58 108 0 4 -$ 184 24,080$
Preliminary Design Analysis, Coordination, & Recommendations D.1 2 2 16 40 -$ 60 7,690$
Construction Drawings D.2 3 2 24 60 -$ 89 11,340$
Specificatoins D.3 2 1 16 4 -$ 23 3,455$
Engineer's Estimate D.4 1 1 2 8 -$ 12 1,595$
LACFCD Connection Permit E 2 8 32 -$ 42 5,180$
Bid & Construction Assistance F 8 4 -$ 12 2,300$
Design Project Management & Meetings G 16 8 8 -$ 32 5,320$
SUBTOTAL 40 6 100 176 16 14 -$ 352 50,650$
REIMBURSABLES (Reprographics, Design Mileage, etc.)1,500$
TOTAL NOT TO EXCEED BASE FEE 52,150$
2) ALTERNATE WORK ITEMS
Utility Potholing A 6,000$ 0 6,000$
As Built Plans B 2 4 12 -$ 18 2,360$
Geotechnical Investigation C 2 2 2 7,590$ 6 8,500$
SUBTOTAL 4 0 6 12 0 2 13,590$ 24 16,860$
CLIENT: City of Diamond Bar
PROJECT: PHASE 3 DRAINAGE IMPROVEMENTS
PREPARED BY:DS 2018.11.07 - R2
Page 1
3.4.a
Packet Pg. 135
TAIT & Associates, Inc.
Groundwater Drainage Improvements Phase 3
Appendix Page | 10
Addenda
3.4.a
Packet Pg. 136
TAIT & Associates, Inc.
Groundwater Drainage Improvements Phase 3
Appendix Page | 11
3.4.a
Packet Pg. 137
TAIT & Associates, Inc.
Groundwater Drainage Improvements Phase 3
Appendix Page | 12
3.4.a
Packet Pg. 138
Rank Project Title/Location Level of
Importance
1 Golden Springs Drive @ West of Platina Dr.
COMPLETE
HIGH
2 Brea Canyon Road @ North of Sapphire.
COMPLETE
HIGH
3 Brea Canyon Cutoff Road @ Oak Crest Drive
COMPLETE
MEDIUM
4 Hipass Drive @ Castle Rock Road.
COMPLETE
MEDIUM
5 Flapjack Drive @ Cul-De-Sac to Crooked Creek. MEDIUM
6 Copley Drive @ City Hall.MEDIUM
7 20834 Moonlake Street MEDIUM
8 Cold Spring Lane @ South of Diamond Ridge Rd. LOW
9 Cleghorn Drive @ North of Gold Nugget Ave. LOW
10 20532 Calpet Drive.LOW
11 Ambushers Street @ Pasado to Woodhill LOW
Citywide Comprehensive Drainage Study
Priority List
3.4.b
Packet Pg. 139
3.4.c
Packet Pg. 140
Agenda #: 3.5
Meeting Date: July 20, 2021
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: PURCHASE ORDER WITH DIRECT CONNECTION FOR PRINTING
AND MAILING SERVICES FOR THE CITY NEWSLETTER AND
RECREATION BROCHURE THROUGH JUNE 30, 2022.
STRATEGIC
GOAL:
Open, Engaged & Responsive Government
RECOMMENDATION:
Approve, and authorize the City Manager to sign, a Purchase Order with Direct
Connection in a not-to-exceed amount of $49,979.
FINANCIAL IMPACT:
The total not-to-exceed amount of the purchase orde r for the 2021-22 fiscal year would
be $49,979. Sufficient funds are included in the Public Information printing budget to
cover the cost of these services.
BACKGROUND:
A key component of the City’s community outreach efforts is a monthly newsletter tit led
Diamond Bar Connection. This newsletter serves as the consistent, primary source of
printed communication between the City and its residents and businesses.
Produced in full-color, Diamond Bar Connection is issued as four-page publication for
five months, increased to a six-page publication four times year to provide expanded
event and services coverage, and is expanded to a 32 -page brochure for the remaining
three months to include the recreation activities guide. Each issue is mailed monthly to
approximately 22,500 residential and business addresses with additional copies printed
for placement on information racks in various City facilities and distribution at City
special events.
ANALYSIS:
3.5
Packet Pg. 141
As per the City’s purchasing policy, bids were solicited from local commercial printers
and a total of five (5) qualified responses were received as follows:
Direct Connection $49,979.00
SCNG $52,768.89
Boss Litho $58,452.00
The PM Group $63,561.35
Advantage Mailing, LLC. $71,368.85
The City has previously utilized the services of the low bidder, Direct Connection, and
have been satisfied with the quality of the services.
PREPARED BY:
REVIEWED BY:
3.5
Packet Pg. 142
1
Kristina Santana
From:Fazeel Chauhan <qawali@yahoo.com>
Sent:Saturday, July 17, 2021 10:43 AM
To:Kristina Santana
Subject:FOR PUBLIC COMMENT
CAUTION: This message originated outside of our City of Diamond Bar network.
Requesting to take down the Military banners of soldiers on Diamond Bar Blvd.
Honorable Council members, I am a long time resident of Diamond Bar and am a graduate student at Cal
State Long Beach to become a Social Worker. I'm requesting today that the pro-war banners posted around
the city should be removed. Many of them are on Diamond Bar Blvd.
Unfortunately, for most of us Americans, war has been normalized, and is presented like a football game, with
a paradigm of us versus them. The historian, Howard Zinn, wrote the textbook called "A People's History of the
United States". He was an Air Force bomber, a veteran, whose famous quote is, "There is no such thing as a
good war, and war is terrorism".
Every year, there are a number of war movies, or action movies glamorizing spies and soldiers. Usually, these
movies are sponsored and funded by the military, with our tax dollars. The U.S. defense budget is more than
the next 20 countries combined. Half of our tax dollars are eaten up by the military industrial complex. In our
American culture, we often do what comedian George Carlin calls "NIMBY: Not In My Back Yard"...if it's not
effecting us directly, if it's not happening in our back yard, we don't care about the issue. So as long as our
government is making war in far corners of the world, we don't care how many humans are being killed.
Due to the bloated military budget, often there is not enough money for social services and schools. The U.S.
has been at war on average every year for the last 200 years. Arundhati Roy, is an author from India and her
book "The God of Small Things", won the Booker award. Her famous quote is, "We are all subjects (or slaves)
of the American empire". The U.S. has 800 military bases in 80 countries.
https://www.thenation.com/article/archive/the-us-has-military-bases-in-172-countries-all-of-them-must-close/
Iraq had nothing to do with 911. The war in Iraq was illegal and immoral, but super-patriotism and the flag are
used to get people all riled up to have an emotional reaction. We usually don't hear that dissent is patriotic.
Samuel Johnson said, "Patriotism is the last refuge of scoundrels".
https://www.nytimes.com/2003/04/13/weekinreview/the-nation-the-last-refuge-of-scoundrels-and-a-noble-
virtue.html
In the world, the U.S. is seen as the aggressor, and an entity who uses war as a form of White Supremacy, to
bomb, invade and occupy countries of Black, Brown, Muslim and poor countries. Since those civilians are not
White, they are not worthy of being counted as victims of global violence in the form of war. No one seems to
care that a million people have been killed in Iraq, as a result of American wars. The war in Afghanistan, cost
you and me, two Trillion dollars, even if you don't care about the 240,000 lives lost. Those trillions of dollars
could have been used to do a lot of constructive work here at home in the U.S. in our local neighborhoods, to
rebuild infrastructure and to provide universal healthcare and free public education at the university level.
Afghanistan war cost more than $2T and 240,000 lives, report finds
At the end of the Nicolas Cage movie, "Lord of War", it says: The 5 permanent members of the United Nations
are also the 5 biggest exporters of weapons. Corporations who make weapons are making a killing from war,
and they persistently lobby the Pentagon and the Congress, etc. for the U.S. to be in perpetual wars.
2
In the legacy of Martin Luther King Junior, let us be peace makers, and let us not celebrate war makers. Let us
support schools and health care instead of warfare.
Afghanistan war cost more than $2T and 240,000
lives, report finds
Meghann Myers
The figures include half-a-trillion dollars on interest.
Let's not provide free advertising to war makers and weapons manufacturers by posting names of soldiers in
our city streets. Let's replace those banners with the names of high achievers from our high school students, or
those young folks who are doing community service type work. I hope you have money left over for that?
Respectfully,
Fazeel Chauhan
Social Worker Intern
951-235-4215
QawaLi@yahoo.com
23401 Kidd Drive,
Diamond Bar, CA 91765
July 16, 2021
Honorable Hilda L. Solis
Chair of the Board of Supervisors
County of Los Angeles
Kenneth Hahn Hall of Administration
500 West Temple Street
Los Angeles, CA 90012
SUBJECT: NEW MASKING MANDATE
Dear Chair Solis,
The City of Glendora (City) has enjoyed a tremendous working relationship with the
County of Los Angeles Board of Supervisors and the Department of Public Health during
the COVID-19 pandemic. I write you today to request a delay in the establishment of an
indoor masking requirement for all individuals, including those who are fully vaccinated,
until we understand the science and data modeling behind this decision.
Based on comments made by the Department of Public Health, the yet -to -be released
details on masking, will continue to make County of Los Angeles (County) residents
question our leadership during the pandemic. The rationale behind the decision to again
require masking for everyone runs counter to the guidance on masking issued by both
the Centers for Disease Control (CDC) and the State of California (including Cal/OSHA).
Individuals wishing to avoid wearing masks, will simply spend their time and money in
other nearby counties, or the City of Pasadena, who has not yet decided to reimplement
a masking requirement. This one -size fits all approach does not work — many of our
employees live in other counties and our fully vaccinated residents can enjoy mask free
shopping or other activities in another county within a 15-minute drive.
The City understands and fully appreciates the difficult task of leading given these
circumstances in order to ensure the safety of County residents. In this case, we need
additional information before we can accept or support additional restrictions. As you are
well aware, this additional requirement will continue to place a burden on all cities and
their elected and appointed officials, who are obligated to explain the actions being taken
by the County, not to mention business owners.
Given the current state of vaccinations in the County, coupled with the Cal/OSHA
mandates for businesses on masking, what is the projected case reduction by mandating
an indoor masking requirement for everyone? According to the Department of Public
Health's press release on April 215r:
"Looking at the data on breakthrough infections after vaccination that the
CDC released last week, the risk of infection in people who are fully
vaccinated was 1 in 13,275— much less common than 1 in 10 infected with
30VID-19 who were not vaccinated. And the risk of death goes from 1 in
500 to 1 in a million."
According to the Vaccine Dashboard provided by the Department of Public Health, the
City has an overall vaccination rate of 67%. Our most vulnerable population, which is
historically those residents aged 65 and older, has a vaccination rate of 90%. Overall,
the County is showing similar vacation rates. A revised Health Officer Order to require
masking for everyone indoors is inconsistent with the County's own published vaccination
statistics.
Currently, the trends in COVID-19 cases are heavily weighted towards younger,
unvaccinated individuals. According to a July loth press release, the Department of
Public Health stated:
"Transmission of COVID-19 in L.A. County is increasing among younger
unvaccinated L.A. County residents. Of the 1, 094 new cases of COVID-19
reported by the Los Angeles County Department of Public Health (Public
Health) today, 83% are among people under the age of 50 years old with
the highest number of new cases among residents between the ages of 18
and 49 years old with 70% of new cases."
According to available information from the COVID-19 Data Dashboard provided by the
Department of Public Health, the current level of hospitalizations is around 400
individuals. In February of this year when a similar level of infection rates existed,
hospitalizations exceeded 2,000 individuals. We understand that hospitalizations trail
infection rate increases; however, as documented above, the current trend shows
younger unvaccinated individuals being infected. Historically, these individuals have not
used as many medical resources and the death rates have been much lower than those
65 and over.
Glendora very much appreciates the extraordinary effort the County has undertaken to
provide our residents access to COVID-19 vaccines. Everyone who would like to receive
a vaccine is eligible to do so for free; individuals have a myriad of ways to receive it. The
Los Angeles Times this morning reported that 99% of the people getting sick are
unvaccinated. What we are talking about now is choice. Without a Federal or State
mandate on COVID-19 vaccines, there is little that cities can do to assist more than they
already have and continue to do through advocacy and encouragement. Glendora and
many other cities have worked with the County on mobile vaccination clinics, promoted
vaccine awareness on social media, and provided regular updates at City Council
meetings, and plan to continue to do so.
We cannot continue adding and removing restrictions —unfortunately, we have already
reached the point where many people will no longer listen. While requiring masking
indoors for everyone may seem like an easy solution compared to adding physical
distancing or reducing capacities, every decision made will be increasingly scrutinized by
the public.
We understand and appreciate the need for leadership and quick action. The City of
Glendora, as an employer, already follows the guidance issued by Cal/OSHA. Until the
Department of Public Health is able to provide clear, concise and contextual information
on why this is needed and what the estimated reduction of infection rates will be, we ask
that you postpone the masking mandate.
Respectfully submitted,
Karen Davis,
Mayor
C: Los Angeles County Board of Supervisors
City Council, City of Glendora
County of Los Angeles, Department of Public Health
Sublmn 41�d 6 y �Nl a y�' LYM3 w " J Ca Wt uP
Dear Honorable Friend Supervisor Hahn
We, the undersigned mayors and council members from the South Bay Cities demand the
reversal of the latest county health order on behalf of our constituents. At a minimum, we appeal
to be exempted based on ourvaccination rates and much lower COVID case numbers.
We need a director and a health department that sets warranted policies based on our unique
service area demands and needs. We need a credible director and a health department that we
can trust.
n the most populated county with more than 10 million residents and the size of several
countries in Europe, Dr. Ferrer calls 1902 new cases "alarming." These are 1902 cases where
more than 98%will recover, according to medical literature. While we recognize that every death
is tragic, she reports that six died out of 10 million people. That data is being used out of context
to establish a health order that punishes fully vaccinated and compliant citizens. For the same
period, the lives lost under varying circumstances such as car accidents, overdose, cancer should
put into perspective the percentage of Covid related deaths. Further, we think it is imperative to
consider how many took their own lives out of desperation and financial ruin due to this
pandemic and how the new policies will add to this growing number. Reporting this data and
establishing health orders based on it without the proper context does not help us develop sound
and balanced public health policy.
Our constituents are questioning why they were told to vaccinate to see normalcy because our
constituents did follow protocol and vaccinate themselves. The vaccination rates in our cities
have reached what many scientific journals label "herd immunity" for vaccines with 95% efficacy.
With this herd immunity established, why are these individuals now being told to wear masks
again? We must be exempt.
We have had enough of these policies! We demand that you stop this one -size -fits -all approach
to health and health outcomes. If the goal is to have more people vaccinated, then the health
department needs to contextualize that data by service area and establish health directives by
using the power of data and persuasion instead of setting mandates that defy common sense and
science. This most recent order will drive people away from the vaccine. We, as community
leaders, did, and continue to do, our jobs to lead our communities to be fully vaccinated. In our
cases, the evidence is clear. We need Dr. Ferrer out of our way.
We are not alone in our strong disagreement with this order. The CDC and even our state policies
do not align with this recent order. Even county officials are not in agreement with the order. The
utter confusion and anguish caused by this order in our communities are unnecessary and
painful. We see no reason to punish this county when 57 counties in this state are open to
business and not requiring mask -wearing for individuals who have been vaccinated.
We implore you to modify this recent order, engage with us, and set a policy that better reflects
the unique context of our area. The arbitrary nature of these health policies only contributes to
the instability of our individual and collective recovery from this pandemic.
Most respectfully,
Hon. Drew Boyles, Mayor City of EI Segundo
Hon. Suzanne Hadley, Mayor of Manhattan Beach
Hon. Mike Griffiths, Mayor Pro Tern City of Torrance
Hon. Aurelio Mattucci, Council Member City of Torrance
Hon. Heidi Ashcraft, Council Member City of Torrance
Hon. Michael Kemps, Mayor City of Palos Verdes Estates
Hon. David McGowan, Council Member City of Palos Verdes Estates
Hon. Eric Alegria, Mayor City of Rancho Palos Verdes
Hon. John Cruikshank, Council Member City of Rancho Palos Verdes
Hon. Frank V. Zerunyan, Mayor Pro Tern City of Rolling Hills Estates
Hon. Velveth Schmitz, Council Member City of Rolling Hills Estates