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2022.11.15 Agenda Packet - Regular Meeting
City Council Agenda Tuesday, November 15, 2022 Closed Session 5:30 PM South Coast Air Quality Management District/Room CC-8 21865 Copley Drive, Diamond Bar, CA 91765 Regular Meeting 6:30 PM South Coast Air Quality Management District/Main Auditorium 21865 Copley Drive, Diamond Bar, CA 91765 PUBLIC ADVISORY: Consistent with State Assembly Bill 361, members of the City Council may be present or participate telephonically. Members of the public are encouraged to participate and address the City Council during the public comment portion of the meeting either in person or via teleconference. If you would like to attend the meeting in person, please note that face coverings are recommended. How to Observe the Meeting From Home: The public can observe the meeting by calling +1 (562) 247-8422, Access Code: 827-222-568 OR visit: https://attendee.gotowebinar.com/register/5192373720446144524. How to Submit Public Comment: The public may provide public comment by attending the meeting in person, by sending an email, or by logging into the teleconference. Please send email public comments to the City Clerk at cityclerk@DiamondBarCA.gov by 4:00 p.m. on the day of the meeting and indicate in the Subject Line “FOR PUBLIC COMMENT.” Written comments will be distributed to the Council Members, noted for the record at the meeting and posted on the City’s official agenda webpage as soon as reason ably practicable (found here: http://diamondbarca.iqm2.com/Citizens/Default.aspx). The public may log into the meeting through this link: https://attendee.gotowebinar.com/register/5192373720446144524. 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. NANCY A. LYONS Council Member STAN LIU Council Member STEVE TYE Council Member RUTH M. LOW Mayor ANDREW CHOU 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 invited 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 business on the agenda during the time the item is taken up by the Council. In addition, members of the public may, during the Public Comment period address the Council on any Consent Calendar item or any matter not on the agenda and within the Council’s subject matter jurisdiction. 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. A person who disrupts the orderly conduct of the meeting after being warned by the Mayor or the Mayor’s designee that their behavior is disrupting the meeting, may result in the person 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 meeting 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) 839-700 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/5192373720446144524 AND ARCHIVED VIEWING ON THE CITY’S WEB SITE AT WWW.DIAMONDBARCA.GOV. CITY OF DIAMOND BAR CITY COUNCIL AGENDA November 15, 2022 CLOSED SESSION 5:30 p.m., Room CC-8; In person only – no teleconference. Public Comments Public Employee Appointment Pursuant to Government Code section 54957 Title: City Attorney CALL TO ORDER: 6:30 p.m. PLEDGE OF ALLEGIANCE: Mayor INVOCATION: Deacon Al Guerrero, St. Denis Catholic Church ROLL CALL: Liu, Lyons, Tye, Mayor Pro Tem Chou, Mayor Low APPROVAL OF AGENDA: Mayor NOVEMBER 15, 2022 PAGE 2 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 Through My Lens Photo Contest Winners 1.2 Small Business Saturday Proclamation 1.3 Diamond Bar Restaurant Week Presentation 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: 3. PUBLIC COMMENTS: "Public Comments" is the time reserved on each regular meeting agenda to provide an opportunity for members of the public to directly address the Council on Consent Calendar items or 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. At this time, the teleconference moderator will ask 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 then be called upon to speak at that point in the agenda. 4. SCHEDULE OF FUTURE EVENTS: 4.1 Coffee with a Cop – November 22, 2022, 5:30-7:30 p.m. Paris Baguette, 21050 Golden Springs Drive, Ste C105. 4.2 Planning Commission Meeting – November 22, 2022, 6:30 p.m. online teleconference and Windmill Room, 21810 Copley Dr. 4.3 Parks and Recreation Commission Meeting – Cancelled. 4.4 City Offices will be closed Thursday November 24, and Friday November 25, 2022 in observance of the Thanksgiving Holiday. 4.5 Windmill Lighting – December 4, 2022, 5:00-6:00 p.m. Grand Avenue at Diamond Bar Boulevard, Diamond Bar, CA 91765. 4.6 City Council Meeting – December 6, 2022, 6:30 p.m. online teleconference and SCAQMD Main Auditorium, 21865 Copley Dr. NOVEMBER 15, 2022 PAGE 3 5. 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. 5.1 CITY COUNCIL MINUTES OF THE NOVEMBER 1, 2022 REGULAR MEETING. 5.1.a November 1, 2022 Regular City Council Minutes Recommended Action: Approve the November 1, 2022 Regular City Council meeting minutes. Requested by: City Clerk 5.2 RATIFICATION OF CHECK REGISTER DATED OCTOBER 26, 2022 THROUGH NOVEMBER 8, 2022 TOTALING $2,158,188.54. Recommended Action: Ratify the Check Register. Requested by: Finance Department 5.3 TREASURER'S STATEMENT Recommended Action: Approve the October 2022 Treasurer’s Statement. Requested by: Finance Department 5.4 CONTINUED USE OF TELECONFERENCING IN ACCORDANCE WITH ASSEMBLY BILL 361 FOR MEETINGS OF THE DIAMOND BAR CITY COUNCIL AND OTHER CITY COMMISSIONS AND COMMITTEES SUBJECT TO STATE OPEN MEETING LAWS. Recommended Action: Adopt Resolution No. 2022-55, providing for continued use of teleconferencing and other formats as defined and in compliance with Assembly Bill 361 for meetings of the Diamond Bar City Council, City Commissions and Subcommittees. Requested by: City Manager 5.5 AMENDMENT TO THE CITY OF DIAMOND BAR FRINGE BENEFITS FOR FY 2022-2023. Recommended Action: Adopt Resolution No. 2022-56 Amending City of Diamond Bar Fringe NOVEMBER 15, 2022 PAGE 4 Benefits for FY 2022-23. Requested by: City Manager 5.6 GENERAL FUND BUDGET ADJUSTMENT FOR RECREATION CONTRACT SERVICES. Recommended Action: A. Appropriate $115,000 from the General Fund (Fund 100) to Recreation Contract Classes (100520-55320); and B. Approve an increase to General Fund budgeted revenues for Recreation Contract Classes in the amount of $172,500 (100-48340). Requested by: Parks & Recreation Department 5.7 AWARD OF CONSTRUCTION AGREEMENT TO YUNEX LLC FOR THE LED ILLUMINATED STREET NAME SIGN AND HIGHWAY SAFETY LIGHT REPLACEMENT PROJECT (CIP # TM23201). Recommended Action: A. Determine that the proposed project is Categorically Exempt (Class 2) from the California Environmental Quality Act pursuant to section 15302 of the CEQA Guidelines; B. Approve, and authorize the Mayor to sign a Construction Agreement with Yunex LLC, in the amount of $967,795, plus a contingency amount of $48,390 for contract change orders, if any, to be approved by the City Manager, for a total authorization amount of $1,016,185; and C. Appropriate $176,200 from the Measure M Fund (Fund 203) Fund Balance to the CIP Fund (Fund 301) for Project #TM23201. Requested by: Public Works Department 5.8 APPROVAL OF FINAL PARCEL MAP 82066 AND SUBDIVISION AGREEMENT TO SUBDIVIDE A 5.73-ACRE SITE INTO FOUR (4) FEE SIMPLE COMMERCIAL PARCELS OVERLAYED WITH AN AIRSPACE SUBDIVISION OF 34 CONDOMINIUM UNITS IN A THREE-STORY OFFICE BUILDING LOCATED ON THE EAST SIDE OF BREA CANYON ROAD BETWEEN LYCOMING STREET AND THE SR-60 FREEWAY, KNOWN AS THE BREA CANYON BUSINESS PARK (LYCOMING, LLC) Recommended Action: A. Determine that approval of the proposed Final Parcel Map is ministerial and thus is exempt from the California Environmental Quality Act pursuant to Title 14, California Code of Regulations, Section 15268(b)(3); NOVEMBER 15, 2022 PAGE 5 B. Adopt Resolution No. 2022-57 approving Final Parcel Map 82066; and C. Approve, and authorize the Mayor to execute the Subdivision Agreement. Requested by: Public Works Department 5.9 FRANCHISE AGREEMENT WITH FOCUS MEDIA GROUP, INC. FOR THE REPLACEMENT AND MAINTENANCE OF BUS STOP AMENITIES CITYWIDE AND FOR THE BUS SHELTERS ADVERTISEMENT PROGRAM THROUGH JUNE 30, 2027. Recommended Action: A. Determine that approval of the proposed Franchise Agreement is Categorically Exempt (Class 2) from the California Environmental Quality Act pursuant to section 15302 of the CEQA Guidelines; and B. Approve, and authorize the Mayor to sign a Bus Shelter Franchise Agreement with Focus Media Group, Inc., through June 30, 2027 that will provide for: 1. Procurement and installation of bus stop amenities, in the amount of $1,099,657.11, plus a contingency amount of $100,300 for contract change orders, to be approved by the City Manager, for a total authorization amount of $1,199,957.11; 2. Administration and revenue sharing of a Bus Shelter Advertising Program; and 3. Maintenance Services for all bus stop amenities and shelters citywide. Requested by: Public Works Department 5.10 NOTICE OF COMPLETION FOR THE AREA 1 RESIDENTIAL & COLLECTOR STREETS REHABILITATION AND THE GOLDEN SPRINGS DRIVE ARTERIAL STREET REHABILITATION BETWEEN BREA CANYON ROAD AND LEMON AVENUE - PROJECT NOS. SI22105 & SI22103. Recommended Action: Approve, and authorize the Public Works Director to file, a Notice of Completion. Requested by: Public Works Department NOVEMBER 15, 2022 PAGE 6 6. PUBLIC HEARINGS: 6.1 ADOPTION OF THE 2022 CALIFORNIA BUILDING STANDARDS CODES (TITLE 24 C.C.R. PARTS 2, 2.5, 3, 4, 5, AND 11) WITH LOCAL AMENDMENTS. Recommended Action: Open public hearing, receive public testimony, approve for second reading by title only, waive full reading, and adopt Ordinance No. 03 (2022). Requested by: Community Development Department 6.2 AMENDMENTS TO TITLE 5 AND TITLE 22 (DEVELOPMENT CODE) OF THE DIAMOND BAR MUNICIPAL CODE TO CLARIFY THE EXISTING PROHIBITION ON SHORT-TERM RENTALS IN RESIDENTIAL NEIGHBORHOODS. Recommended Action: A. Open Public Hearing to receive public testimony; B. Determine that the proposed code amendment is not subject to CEQA pursuant to Sections 15061(b)(3) and 15305 of the CEQA Guidelines; and C. Approve for first reading by title only, waive full reading of Ordinance No. 04(2022); and schedule the second reading and adoption at the next regularly scheduled City Council meeting. Requested by: Community Development Department 7. COUNCIL CONSIDERATION: NONE. 8. COUNCIL SUB-COMMITTEE REPORTS AND MEETING ATTENDANCE REPORTS/COUNCIL MEMBER COMMENTS: 9. ADJOURNMENT: Agenda #: 5.1 Meeting Date: November 15, 2022 TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager TITLE: CITY COUNCIL MINUTES OF THE NOVEMBER 1, 2022 REGULAR MEETING. STRATEGIC GOAL: Open, Engaged & Responsive Government RECOMMENDATION: Approve the November 1, 2022 Regular City Council meeting minutes. FINANCIAL IMPACT: None. BACKGROUND/DISCUSSION: Minutes have been prepared and are being presented for approval. PREPARED BY: REVIEWED BY: 5.1 Packet Pg. 9 Attachments: 1. 5.1.a November 1, 2022 Regular City Council Minutes 5.1 Packet Pg. 10 CITY OF DIAMOND BAR MINUTES OF THE CITY COUNCIL REGULAR MEETING SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT/MAIN AUDITORIUM 21865 COPLEY DRIVE, DIAMOND BAR, CA 91765 NOVEMBER 1, 2022 CALL TO ORDER: Mayor Low called the Regular City Council meeting to order at 6:30 p.m. in the South Coast Air Quality Management District’s Main Auditorium, 21865 Copley Drive, Diamond Bar, CA 91765. Consistent with State Assembly Bill 361, members of the public were encouraged to participate and address the City Council during the public comment portion of the meeting via teleconference. City Council Members and staff participated in person and telephonically. PLEDGE OF ALLEGIANCE: Mayor Low led the Pledge of Allegiance. INVOCATION: Bruce Chitiea, Walnut Valley Rotary, provided the invocation. ROLL CALL: Council Members Stan Liu, Nancy Lyons, Steve Tye, Mayor Pro Tem Andrew Chou, Mayor Ruth Low Staff Present: Dan Fox, City Manager; David DeBerry, City Attorney; Ryan McLean, Assistant City Manager; Raymond Tao, Building Official; Cecilia Arellano, Public Information Coordinator; Joan Cruz, Administrative Coordinator; Kristina Santana, City Clerk Staff Present Telephonically: Amy Haug, Human Resources Manager; Ryan Wright, Parks & Recreation Director; Anthony Santos, Assistant to the City Manager; Jason Jacobsen, Finance Director; David Liu, Public Works Director; Hal Ghafari, Public Works Manager/Assistant City Engineer; Ken Desforges, Information Services Director; Marsha Roa, Public Information Manager Also Present: LA County Sheriff’s Captain Stephen Tousey Also Present Telephonically: Leticia Pacillas, LACFD Community Services Liaison APPROVAL OF AGENDA: As presented by M/Low. 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCAMATIONS: 1.1 Proclamation Declaring November 2022 as Lung Cancer Awareness Month. Mayor Low read the proclamation. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: None 3. PUBLIC COMMENTS: Robin Smith spoke about the Canyon Loop Trail project. 5.1.a Packet Pg. 11 NOVEMBER 1, 2022 PAGE 2 CITY COUNCIL Chia Teng spoke about the City’s budget and financial report. Cynthia Yu, Interim Community Manager, Diamond Bar Library, reported on upcoming library events. CC/Santana stated that two emails from Eric Li were submitted, copies of which were forwarded to City Council Members and placed at the meeting entrance for public viewing. 4. SCHEDULE OF FUTURE EVENTS: CM/Fox presented the Schedule of Future Events. 5. CONSENT CALENDAR: MPT/Chou moved, C/Lyons seconded, to approve the Consent Calendar as presented. Motion carried 5-0 by the following Roll Call vote: AYES: COUNCIL MEMBERS: Liu, Lyons, Tye, MPT/Chou, M/Low NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 5.1 APPROVED CITY COUNCIL MINUTES OF THE OCTOBER 18, 2022 REGULAR MEETING. 5.2 RATIFIED CHECK REGISTER DATED October 12, 2022 through October 25, 2022 totaling $1,970,237.27. 6. PUBLIC HEARINGS: NONE 7. COUNCIL CONSIDERATION: 7.1 FIRST READING OF ORDINANCE NO. 03(2022) AMENDING TITLE 15, THE DIAMOND BAR MUNICIPAL CODE, BY ADOPTING THE 2022 CALIFORNIA BUILDING STANDARDS CODES (TITLE 24 C.C.R. PARTS 2.2.5, 3, 4, 5, AND 11) WITH LOCAL AMENDMENTS: BO/Tao presented the staff report. M/Low opened the item for public comments. With no one wishing to speak on this item, M/Low closed public comments. C/Lyons moved, C/Liu seconded, to adopt for First Reading by Title Only of Ordinance No. 03(2022) with Section1, Item 21 deleted, and set for Public Hearing, Second Reading and adoption at the November 15, 2022 City Council Meeting: Motion carried by the following Roll Call vote: 5.1.a Packet Pg. 12 NOVEMBER 1, 2022 PAGE 3 CITY COUNCIL AYES: COUNCIL MEMBERS: Liu, Lyons, Tye, MPT/Chou, M/Low NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 8. COUNCIL SUBCOMMITTEE REPORTS AND MEETING ATTENDANCE REPORTS/COUNCIL MEMBER COMMENTS: C/Liu thanked staff for their presentations, thanked staff and volunteers for the fun-filled Halloween Party and looked forward to seeing everyone at the Veteran’s Recognition event. C/Tye said that 20-30 volunteers and staff provided the community with a wonderful Halloween Party and hoped everyone would join in honoring the veterans on November 9th and vote on November 8th. C/Lyons reported that construction and renovation of the Diamond Bar Golf Course proceeds on schedule toward the March 2023 reopening, congratulated staff and M/Low for an excellent and well-attended State of the City event, thanked staff for a fabulous Barktober, and displayed a photo of Vermillion Cliff’s National Monument in Arizona taken by Eunice Oh, for which she won third prize in the nationwide AAA Photo Contest. She encouraged everyone to vote on Tuesday and honor the veterans on Wednesday at the Diamond Bar Center. MPT/Chou reported that he, C/Liu and M/Low attended a special event at Fire Station No. 118 in the City of Industry where Assembly Member Lisa Calderon and Senator Bob Archuleta presented a $500,000 check to assist the LA County Fire Department with construction of two new Heli-Hydrants and completion of a retrofit to eight (8) portable dip tanks, one of which will be located near Diamond Bar, and said he looked forward to seeing everyone at the Veterans event next week. M/Low thanked staff for a really fun Halloween Party last Saturday, thanked the Walnut Valley Rotary Club for bringing Red Ribbon Week in honor of DEA Agent Enrique Camarena to Diamond Bar High School on October 22nd, and congratulated Walnut Council Member and former Mayor Robert Pacheco who retired on October 26th. ADJOURNMENT: With no further business to conduct, M/Low adjourned the Regular City Council Meeting at 7:10 pm. 5.1.a Packet Pg. 13 NOVEMBER 1, 2022 PAGE 4 CITY COUNCIL Respectfully Submitted: __________________________ Kristina Santana, City Clerk The foregoing minutes are hereby approved this 15th day of November, 2022. __________________________ Ruth M. Low, Mayor 5.1.a Packet Pg. 14 Agenda #: 5.2 Meeting Date: November 15, 2022 TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager TITLE: RATIFICATION OF CHECK REGISTER DATED OCTOBER 26, 2022 THROUGH NOVEMBER 8, 2022 TOTALING $2,158,188.54. STRATEGIC GOAL: Responsible Stewardship of Public Resources RECOMMENDATION: Ratify the Check Register. FINANCIAL IMPACT: Expenditure of $2,158,188.54. 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 October 26, 2022 through November 8, 2022 totaling $2,158,188.54 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: 5.2 Packet Pg. 15 REVIEWED BY: Attachments: 1. 5.2.a Check Register Affidavit 11-15-2022 2. 5.2.b Check Register 11-15-2022 5.2 Packet Pg. 16 5.2.a Packet Pg. 17 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 5705 10/26/2022 US BANK PCARD STATEMENT - SEPT 2022 999 28100 $21,665.34 CHECK TOTAL $21,665.34 5706 10/26/2022 US BANK ST PAUL DEBT SVCS PAYMENT-LEASE REV REFUNDING BONDS 401510 57100 $125,585.54 CHECK TOTAL $125,585.54 6634 11/3/2022 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 21010 WASHING TON ST LS-2 100655 52210 $92.49 CHECK TOTAL $92.49 6635 11/3/2022 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 24230 GOLDEN SPRINGS LS-2 100655 52210 $73.64 CHECK TOTAL $73.64 6636 11/3/2022 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 1798 DBB/22566 GOLDEN SPRINGS LS-2 100655 52210 $174.04 CHECK TOTAL $174.04 6637 11/3/2022 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 21250 GOLDEN SPRINGS LS-2 100655 52210 $77.59 CHECK TOTAL $77.59 6638 11/3/2022 SOUTHERN CALIFORNIA EDISON 21325 PATHFINDER LS-2 100655 52210 $212.46 CHECK TOTAL $212.46 6639 11/3/2022 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 1025 BREA CANYON TC1 LS-2 100655 52210 $123.39 CHECK TOTAL $123.39 6640 11/3/2022 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 22805 GOLDEN SPRINGS LS-2 100655 52210 $96.99 CHECK TOTAL $96.99 6641 11/3/2022 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL - 809 S DBB TC-1 100655 52210 $119.35 CHECK TOTAL $119.35 6642 11/4/2022 SOUTHERN CALIFORNIA EDISON 3334 1/2 BREA CNYN (09.22.22 - 10.23.22) FY22-23 100630 52210 $18.03 CHECK TOTAL $18.03 6643 11/7/2022 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 2201 DBB LS-2 100655 52210 $77.59 CHECK TOTAL $77.59 5.2.b Packet Pg. 18 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 6644 11/7/2022 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL - DBB N/W @ TEMPLE TC-1 100655 52210 $124.49 CHECK TOTAL $124.49 6645 11/7/2022 SOUTHERN CALIFORNIA EDISON 1 DBB TEMPLE - SAFETY LIGHTS LS-2 100655 52210 $110.67 CHECK TOTAL $110.67 6646 11/7/2022 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 21615 GATEWAY DR. LS- 2 100655 52210 $77.59 CHECK TOTAL $77.59 6647 11/7/2022 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 3798 S BREA CYN LS-2 100655 52210 $58.19 CHECK TOTAL $58.19 6648 11/7/2022 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 1003 GOLDEN SPRINGS - LS-2 100655 52210 $102.12 CHECK TOTAL $102.12 6649 11/7/2022 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL -1395 S DBB & VARIOUS TC-1 100655 52210 $1,179.47 CHECK TOTAL $1,179.47 6650 11/7/2022 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - BREA CYN/OAKCREST LS-2 100655 52210 $58.68 CHECK TOTAL $58.68 6651 11/7/2022 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - BREA CYN/FALLOWFIELD LS-2 100655 52210 $77.05 CHECK TOTAL $77.05 6652 11/7/2022 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 3201 DBB LS-2 100655 52210 $116.37 CHECK TOTAL $116.37 6653 11/7/2022 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 1798 DBB/22566 GOLDEN SPRGS LS-2 100655 52210 $174.04 CHECK TOTAL $174.04 6654 11/7/2022 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 1025 BREA CYN TC-1 LS- 2 100655 52210 $123.39 CHECK TOTAL $123.39 6665 11/8/2022 AARON STANLEY TALALAY INTRUCTOR PAYMENT - PICKLEBALL- FALL 22 100520 55320 $1,785.00 CHECK TOTAL $1,785.00 5.2.b Packet Pg. 19 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 6666 11/8/2022 AARP SENIOR INSTRUCTOR PAYMENT - AARP - FALL 22 100520 55310 $140.00 CHECK TOTAL $140.00 6667 11/8/2022 AIRGAS INC HELIUM FY 22-23 100630 51200 $13.58 11/8/2022 AIRGAS INC HELIUM FY 22-23 100520 51200 $137.52 CHECK TOTAL $151.10 6668 11/8/2022 AMERICAN UNITED SALES CORP EXCURSION ADMISSION 100520 55300 $789.00 CHECK TOTAL $789.00 6669 11/8/2022 AMERICOMP GROUP TONER FOR PRINTERS 100230 51200 $909.91 CHECK TOTAL $909.91 6670 11/8/2022 ANIMAL PEST MANAGEMENT SERVICES INC COMPREHENSIVE PEST CONTROL (OCT) FY 22-23 100630 52320 $70.00 11/8/2022 ANIMAL PEST MANAGEMENT SERVICES INC COMPREHENSIVE PEST CONTROL (OCT) FY 22-23 100510 52320 $105.00 11/8/2022 ANIMAL PEST MANAGEMENT SERVICES INC COMPREHENSIVE PEST CONTROL (OCT) FY 22-23 100620 52320 $120.00 CHECK TOTAL $295.00 6671 11/8/2022 NAILA ASAD BARLAS STIPEND-10/11/22 PC MEETING-BARLAS 100410 52525 $65.00 11/8/2022 NAILA ASAD BARLAS STIPEND-10/25/22 PC MTG-BARLAS 100410 52525 $65.00 CHECK TOTAL $130.00 6672 11/8/2022 ROBYN A BECKWITH INDOOR PLANT MAINTENANCE (OCT) FY 22-23 100510 55300 $255.00 11/8/2022 ROBYN A BECKWITH INDOOR PLANT MAINTENANCE (OCT) FY 22-23 100620 52320 $355.00 CHECK TOTAL $610.00 6673 11/8/2022 JOHN E BISHOP INSTRUCTOR PAYMENT - KARATE - FALL 22 100520 55320 $390.00 CHECK TOTAL $390.00 6674 11/8/2022 KATHY BREAUX INSTRUCTOR PAYMENT - ART - FALL 22 100520 55320 $115.20 CHECK TOTAL $115.20 6675 11/8/2022 CENGAGE LEARNING INC INSTRUCTOR PAYMENT ONLINE CLASS 100520 55320 $75.00 CHECK TOTAL $75.00 5.2.b Packet Pg. 20 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 6676 11/8/2022 CHEM PRO LABORATORY INC BUILDING MAINTENANCE (OCT) FY 22- 23 100620 52320 $179.00 11/8/2022 CHEM PRO LABORATORY INC WATER TREATMENT SVC (NOV) FY 22-23 100620 52320 $179.00 CHECK TOTAL $358.00 6677 11/8/2022 CIVICPLUS LLC RENEWAL FEE - PARKS & REC (6 MOS PRORATED) 100230 52314 $4,954.34 11/8/2022 CIVICPLUS LLC RENEWAL FEE - RESTAURANT WEEK (6 MOS. PRORATED) 100230 52314 $4,954.34 11/8/2022 CIVICPLUS LLC ANNUAL UPGRADE - DHP (6 MOS. PRORATED) 100230 52314 $1,605.63 11/8/2022 CIVICPLUS LLC CITY WEBSITE UPDATE PROJECT 100230 52314 $278.24 11/8/2022 CIVICPLUS LLC MUNICIPAL CODE SUPPLEMENT 100140 54900 $12.20 CHECK TOTAL $11,804.75 6678 11/8/2022 CODING MINDS INC INSTRUCTOR PAYMNET - COMPUTER - FALL 22 100520 55320 $264.00 CHECK TOTAL $264.00 6679 11/8/2022 COPP CONTRACTING INC AREA 1 RES ST/COLL REHAB - THRU 9/30/22 301610 56101 $504,466.43 CHECK TOTAL $504,466.43 6680 11/8/2022 CREATE & LEARN INC INSTRUCTOR PAYMENT - COMPUTER - FALL 22 100520 55320 $157.20 CHECK TOTAL $157.20 6681 11/8/2022 CT & T CONCRETE PAVING INC ROAD MAINTENANCE SERVICES (VIA SORELLA) FY 22-23 100655 55512 $5,372.00 11/8/2022 CT & T CONCRETE PAVING INC ROAD MAINTENANCE SERVICES (TORITO LANE) FY 22-23 100655 55512 $7,158.06 11/8/2022 CT & T CONCRETE PAVING INC ROAD MAINT SERVICES (CONCRETE WORK) FY 22-23 100655 55512 $6,262.20 11/8/2022 CT & T CONCRETE PAVING INC ROAD MAINT SERVICES (CONCRETE WORK) FY 22-23 100655 55514 $104,596.50 11/8/2022 CT & T CONCRETE PAVING INC SANDBLAST PAINTED CURBS FY 22-23 100655 55516 $40,023.80 CHECK TOTAL $163,412.56 6682 11/8/2022 DD SYSTEMS INC CANYON LOOP TRAIL-PROGRESS PAYMENT #1 301630 56104 $54,563.10 CHECK TOTAL $54,563.10 5.2.b Packet Pg. 21 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 6683 11/8/2022 CAROL A DENNIS MINUTE SECRETARY - T&T COMM - SEPT 2022 100610 54900 $100.00 CHECK TOTAL $100.00 6684 11/8/2022 DIANA CHO & ASSOCIATES CDBG ADMIN FEES-AREA 2 ADA JULY AUG SEPT 2022 301610 56101 $2,847.50 11/8/2022 DIANA CHO & ASSOCIATES CDBG ADMIN FEES-SENIOR PROG-JULY AUG SEPT 2022 225440 54900 $1,232.50 CHECK TOTAL $4,080.00 6685 11/8/2022 DS SERVICES OF AMERICA INC BOTTLED WATER DELIVERY (OCT) FY 22- 23 100620 51200 $331.19 CHECK TOTAL $331.19 6686 11/8/2022 ECOFERT INC FERTILIZER INJECTION SYSTEM (OCT) FY 22-23 100630 52320 $1,207.00 CHECK TOTAL $1,207.00 6687 11/8/2022 EXPRESS MAIL CORPORATE ACCOUNT NXT DAY-9/13/22 PC AGENDA TO CITY ATTY 100410 52170 $24.05 CHECK TOTAL $24.05 6688 11/8/2022 EXTERIOR PRODUCTS CORP AMERICAN FLAG INSTALLATION VETERANS DAY FY 22-23 100630 52320 $6,312.50 CHECK TOTAL $6,312.50 6689 11/8/2022 FIDUCIARY EXPERTS LLC FIDUCIARY OVERSIGHT QUARTERLY FEE 100220 54900 $2,000.00 CHECK TOTAL $2,000.00 6690 11/8/2022 GARY TOSHIHIKO BUSTEED T&T COMMISSION STIPEND - SEPT 2022 100610 52525 $45.00 CHECK TOTAL $45.00 6691 11/8/2022 GATEWAY CORP CENTER ASSOC CAPITAL DISTRIBUTION & ASSOC. DUES (NOV) FY 22-23 100620 52400 $2,488.79 CHECK TOTAL $2,488.79 6692 11/8/2022 GERALDINE KELLER INSTURCTOR PAYMENT -CULINARY - FALL 22 100520 55320 $48.00 CHECK TOTAL $48.00 6693 11/8/2022 GO LIVE TECHNOLOGY INC PROJECT MGMT - LAND MGMT - JUL 2022 503230 56135 $2,530.00 CHECK TOTAL $2,530.00 6694 11/8/2022 GOVCONNECTION INC PURCHASE OF LAP TOP COMPUTERS 503230 56130 $1,385.98 5.2.b Packet Pg. 22 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 11/8/2022 GOVCONNECTION INC PURCHASE OF LAP TOP COMPUTERS 251160 56130 $2,776.72 11/8/2022 GOVCONNECTION INC PURCHASE OF LAP TOP COMPUTERS 503230 56130 $118.12 11/8/2022 GOVCONNECTION INC PURCHASE OF LAP TOP COMPUTERS 251160 56130 $236.66 11/8/2022 GOVCONNECTION INC PURCHASE OF LAP TOP COMPUTERS 503230 56130 $117.31 11/8/2022 GOVCONNECTION INC PURCHASE OF LAP TOP COMPUTERS 251160 56130 $235.01 CHECK TOTAL $4,869.80 6695 11/8/2022 GRAYBAR ELECTRIC COMPANY INC BUILDING MAINTENANCE (DBC) FY 22- 23 100510 52320 $1,723.57 CHECK TOTAL $1,723.57 6696 11/8/2022 GUARANTEED JANITORIAL SERVICE INC JANITORIAL SERVICES (OCT) FY 22-23 100630 55505 $2,660.70 11/8/2022 GUARANTEED JANITORIAL SERVICE INC JANITORIAL SERVICES (OCT) FY 22-23 100510 55505 $5,864.40 11/8/2022 GUARANTEED JANITORIAL SERVICE INC JANITORIAL SERVICES (OCT) FY 22-23 100620 52320 $9,474.25 CHECK TOTAL $17,999.35 6697 11/8/2022 HDL COREN & CONE CONTRACT SERVICES - PROPERTY TAX FY 22/23 100210 54010 $3,766.18 CHECK TOTAL $3,766.18 6698 11/8/2022 HEART CHAN INSTRUCTOR PAYMENT - MEDITATION - FALL 22 100520 55320 $420.00 CHECK TOTAL $420.00 6699 11/8/2022 HEATHER JEN CHANG CONTRACT CLASS- ART CLASSES 100520 55320 $1,293.00 CHECK TOTAL $1,293.00 6700 11/8/2022 HOME DEPOT CREDIT SERVICES BUILDING MAINTENANCE/SUPPLIES (OCT) FY 22-23 100510 52320 $39.90 11/8/2022 HOME DEPOT CREDIT SERVICES BUILDING MAINTENANCE/SUPPLIES (OCT) FY 22-23 100630 51200 $47.78 11/8/2022 HOME DEPOT CREDIT SERVICES BUILDING MAINTENANCE/SUPPLIES (OCT) FY 22-23 100620 51200 $51.84 CHECK TOTAL $139.52 6701 11/8/2022 HOPSCOTCH PRESS INC DBC FEATURED MONTHLY AD-NOV 22 100510 52160 $450.00 CHECK TOTAL $450.00 5.2.b Packet Pg. 23 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 6702 11/8/2022 INLAND SOCAL MEDIA GROUP LLC DBC AD FOR OCTOBER 2022 100510 52160 $750.00 CHECK TOTAL $750.00 6703 11/8/2022 INTEGRUS LLC RICOH COPY CHARGES - 9/19/22- 10/18/22 100230 52100 $416.84 CHECK TOTAL $416.84 6704 11/8/2022 J & J'S SPORTS & TROPHIES PARKS/MAINT SUPPLIES FY 22-23 100630 51200 $315.32 CHECK TOTAL $315.32 6705 11/8/2022 JOHN L HUNTER & ASSOC INC NPDES SERVICES - JULY 2022 201610 54200 $1,189.25 CHECK TOTAL $1,189.25 6706 11/8/2022 KENNETH L MOK STIPEND-10/25/22 PC MTG-MOK 100410 52525 $65.00 CHECK TOTAL $65.00 6707 11/8/2022 LIEBE SHERI-LYN CONTRACT CLASS - DANCE CLASSES 100520 55320 $1,092.00 CHECK TOTAL $1,092.00 6708 11/8/2022 LOS ANGELES COUNTY SHERIFF'S DEPT FY2022-23 SHERIFF GEN LAW SERVICES - 08/2022 100310 55400 $606,351.66 11/8/2022 LOS ANGELES COUNTY SHERIFF'S DEPT FY2022-23 SHERIFF STREET SWEEPING - 07/2022 100310 55402 $427.76 11/8/2022 LOS ANGELES COUNTY SHERIFF'S DEPT FY2022-23 SHERIFF CONCERTS 07/2022 100520 55402 $3,056.14 11/8/2022 LOS ANGELES COUNTY SHERIFF'S DEPT FY2022-23 SHERIFF CAV CHAPEL - 07/2022 100310 55402 $10,722.49 11/8/2022 LOS ANGELES COUNTY SHERIFF'S DEPT FY2022-23 SHERIFF CAV CHAPEL - 08/2022 100310 55402 $9,220.23 11/8/2022 LOS ANGELES COUNTY SHERIFF'S DEPT FY2022-23 SHERIFF STREET SWEEPER - 08/2022 100310 55402 $410.61 11/8/2022 LOS ANGELES COUNTY SHERIFF'S DEPT FY2022-23 SHERIFF CONCERTS - 08/2022 100310 55402 $3,056.14 CHECK TOTAL $633,245.03 6709 11/8/2022 LOWE'S BUSINESS ACCOUNT OPERATING SUPPLIES (CITY HALL) FY 22- 23 100620 51200 $920.24 CHECK TOTAL $920.24 6710 11/8/2022 MAHENDRA GARG STIPEND-10/11/22 PC MTG-GARG 100410 52525 $65.00 CHECK TOTAL $65.00 5.2.b Packet Pg. 24 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 6711 11/8/2022 MANISHA SULAKHE T&T COMMISSION STIPEND - SEPT 2022 100610 52525 $45.00 CHECK TOTAL $45.00 6712 11/8/2022 MCE CORPORATION ADDL' LANDSCAPE MAINT (LLAD 39) FY 22-23 239639 52320 $4,841.25 11/8/2022 MCE CORPORATION LANDSCAPE MAINT LLAD'S 38, 39, 41 (OCT) FY 22-23 241641 55524 $4,922.61 11/8/2022 MCE CORPORATION LANDSCAPE MAINT LLAD'S 38, 39, 41 (OCT) FY 22-23 239639 55524 $12,173.54 11/8/2022 MCE CORPORATION LANDSCAPE MAINT LLAD'S 38, 39, 41 (OCT) FY 22-23 238638 55524 $14,806.30 CHECK TOTAL $36,743.70 6713 11/8/2022 MICHAEL BAKER INTERNATIONAL INC CANYON LOOP TRAIL 301630 56104 $966.50 11/8/2022 MICHAEL BAKER INTERNATIONAL INC CANYON LOOP TRAIL CONSULTANT 301630 56104 $6,918.50 CHECK TOTAL $7,885.00 6714 11/8/2022 MOBILE RELAY ASSOCIATES INC REPEATER SERVICES FOR EMERGENCY PREP IN NOV. 2022 100350 52300 $78.75 CHECK TOTAL $78.75 6715 11/8/2022 MOSS CONSULTING CDBG HOME IMPROVEMENT ADMIN- JULY AUG SEPT 2022 225440 54900 $4,400.00 CHECK TOTAL $4,400.00 6716 11/8/2022 OC YOUTH SPORTS LLC CLASS INSTRUCTOR-SPORTBALL YOUTH SPORTS 100520 55320 $2,268.00 CHECK TOTAL $2,268.00 6717 11/8/2022 OCCUPATIONAL HEALTH CENTERS OF CALIFORNIA PRE-EMPLOYMENT PHYSICAL FEES 100220 52510 $297.00 CHECK TOTAL $297.00 6718 11/8/2022 ONE TIME PAY VENDOR ARIANA MENDOZA FACILITY REFUND 100 20202 $158.54 CHECK TOTAL $158.54 6719 11/8/2022 ONE TIME PAY VENDOR CANNING HUNGER BOND RELEASE - CANNING HUNGER - ADDRESS PNTG 100 22109 $1,000.00 CHECK TOTAL $1,000.00 6720 11/8/2022 ONE TIME PAY VENDOR CARMEN HUSTAD SENIOR EXCURSION REFUND 100 20202 $80.00 CHECK TOTAL $80.00 5.2.b Packet Pg. 25 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 6721 11/8/2022 ONE TIME PAY VENDOR DR. SAMIR BATNIJI FACILITY REFUND 100 20202 $500.00 CHECK TOTAL $500.00 6722 11/8/2022 ONE TIME PAY VENDOR GLORIA COTA SENIOR EXCURSION REFUND 100 20202 $80.00 CHECK TOTAL $80.00 6723 11/8/2022 ONE TIME PAY VENDOR JEAN CHIN-HUEI SU SENIOR EXCURSION REFUND 100 20202 $90.00 CHECK TOTAL $90.00 6724 11/8/2022 ONE TIME PAY VENDOR MARGARITA MEZA FACILITY DEPOSIT REFUND 100 20202 $1,200.00 CHECK TOTAL $1,200.00 6725 11/8/2022 ONE TIME PAY VENDOR MARGARITA MEZA FACILITY ANIMAL DEPOSIT REFUND 100 20202 $1,000.00 CHECK TOTAL $1,000.00 6726 11/8/2022 ONE TIME PAY VENDOR MIRZA H. BAIG FACILITY DEPOSIT REFUND 100 20202 $1,150.00 CHECK TOTAL $1,150.00 6727 11/8/2022 ONE TIME PAY VENDOR PERLIN LAU FACILITY DEPOSIT REFUND 100 20202 $300.00 CHECK TOTAL $300.00 6728 11/8/2022 ONE TIME PAY VENDOR RISHWA PATEL FACILITY DEPOSIT REFUND 100 20202 $100.00 CHECK TOTAL $100.00 6729 11/8/2022 ONE TIME PAY VENDOR ROBERT HENDERSON BOND RELEASE - CARE FOR THE CHILDREN -CURB PAINTG 100 22109 $1,000.00 CHECK TOTAL $1,000.00 6730 11/8/2022 ONE TIME PAY VENDOR SHIJIE HUANG RECREATION CLASS REFUND 100 20202 $105.00 CHECK TOTAL $105.00 6731 11/8/2022 ONE TIME PAY VENDOR SOCORRO MELENDEZ SENIOR EXCURSION REFUND 100 20202 $45.00 CHECK TOTAL $45.00 6732 11/8/2022 ONE TIME PAY VENDOR SUPER DIAMOND AGE FACILITY REFUND 100 20202 $56.49 CHECK TOTAL $56.49 6733 11/8/2022 ONE TIME PAY VENDOR TARA BUNIEL- LADOUCEUR SENIOR EXCURSION REFUND 100 20202 $45.00 CHECK TOTAL $45.00 6734 11/8/2022 ONE TIME PAY VENDOR TRICHIA TRAN RECREATION CLASS REFUND 100 20202 $84.00 5.2.b Packet Pg. 26 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT CHECK TOTAL $84.00 6735 11/8/2022 ONE TIME PAY VENDOR XIXI LU SENIOR EXCURSION REFUND 100 20202 $40.00 CHECK TOTAL $40.00 6736 11/8/2022 ONE TIME PAY VENDOR YOLANDA RODRIGUEZ SENIOR CLASS REFUND 100 20202 $25.00 CHECK TOTAL $25.00 6737 11/8/2022 ONE TIME PAY VENDOR EHREN MAGANTE MISAC CONF REIMB-10/20-10/5 100230 52420 $430.00 CHECK TOTAL $430.00 6738 11/8/2022 ONE TIME PAY VENDOR THE ENERGUY INC PERMIT REFUND-BLDG & SFTY 100 48020 $2.09 11/8/2022 ONE TIME PAY VENDOR THE ENERGUY INC PERMIT REFUND-BLDG & SFTY 100 48020 $2.61 11/8/2022 ONE TIME PAY VENDOR THE ENERGUY INC PERMIT REFUND-BLDG & SFTY 100 48010 $52.23 CHECK TOTAL $56.93 6739 11/8/2022 ORBIT PARTY RENTALS INC EQUIPMENT RENTALS FOR HALLOWEEN PARTY 100520 55300 $9,618.34 CHECK TOTAL $9,618.34 6740 11/8/2022 PAPER RECYCLING & SHREDDING RECORDS DESTRUCTION DAY - 10/26 250170 55000 $335.00 CHECK TOTAL $335.00 6741 11/8/2022 PARKWOOD LANDSCAPE MAINTENANCE INC LANDSCAPE MAINT CITY PARKS (OCT) FY 22-23 100510 55505 $5,865.00 11/8/2022 PARKWOOD LANDSCAPE MAINTENANCE INC LANDSCAPE MAINT CITY PARKS (OCT) FY 22-23 100630 55505 $27,411.00 CHECK TOTAL $33,276.00 6742 11/8/2022 PROTECTION ONE INC BURGLAR ALARM (11.29.22 - 12.28.22) FY 22-23 100620 52320 $38.29 CHECK TOTAL $38.29 6743 11/8/2022 PROTECTION ONE INC BURGLAR ALARM SYC PK (11.28.22 - 02.27.23)FY 22-23 100630 52320 $203.39 CHECK TOTAL $203.39 6744 11/8/2022 PUBLIC STORAGE #23051 PARKS & RECREATION STORAGE OFF- SITE UNITS 100520 52302 $516.00 11/8/2022 PUBLIC STORAGE #23051 PARKS & RECREATION STORAGE OFF- SITE UNITS 100520 52302 $541.00 CHECK TOTAL $1,057.00 5.2.b Packet Pg. 27 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 6745 11/8/2022 RAPHAEL H PLUNKETT T&T COMMISSION STIPEND - SEPT 2022 100610 52525 $45.00 CHECK TOTAL $45.00 6746 11/8/2022 RAYMOND WALTER WOLFE STIPEND-10/11/22 PC MTG-WOLFE 100410 52525 $65.00 11/8/2022 RAYMOND WALTER WOLFE STIPEND-10/25/22 PC MTG-WOLFE 100410 52525 $65.00 CHECK TOTAL $130.00 6747 11/8/2022 RICHARD FISHER ASSOCIATES CANYON LOOP TRAIL (SPLIT PAYMENT WITH PO 200049) 301630 56104 $1,106.71 CHECK TOTAL $1,106.71 6748 11/8/2022 ROSS CREATIONS SOUND SERVICES FOR HALLOWEEN PARTY 100520 55300 $825.00 CHECK TOTAL $825.00 6749 11/8/2022 SAN GABRIEL CONSERVATION CORP ORGANIC KITCHEN PAIL GIVEAWAY 250170 54900 $1,890.00 CHECK TOTAL $1,890.00 6750 11/8/2022 SAN GABRIEL VALLEY CITY MANAGER'S ASSOCIATION LUNCH MEETING ON NOV. 16 100130 52410 $35.00 CHECK TOTAL $35.00 6751 11/8/2022 SIMPSON ADVERTISING INC DESIGN AND LAYOUT OF 2023 CITY CALENDAR BOOKLET 100240 54900 $2,675.00 11/8/2022 SIMPSON ADVERTISING INC DESIGN AND LAYOUT OF OCTOBER 2022 NEWSLETTER 100240 54900 $2,275.00 CHECK TOTAL $4,950.00 6752 11/8/2022 STAY GREEN INC LANDSCAPE MAINT CITY HALL (OCT) FY 22-23 100620 52320 $1,116.00 CHECK TOTAL $1,116.00 6753 11/8/2022 STUMP FENCE CO FENCE REPAIR (DISTRICT 41) FY 22-23 241641 52320 $3,250.00 CHECK TOTAL $3,250.00 6754 11/8/2022 TALENTED ARTS CONTRACT CLASS -PERFORMING ARTS 100520 55320 $1,527.00 CHECK TOTAL $1,527.00 6755 11/8/2022 TAM SIU KI (ETHAN) INSTURCTOR PAYMENT - MARTIAL ARTS - FALL 22 100520 55320 $50.40 CHECK TOTAL $50.40 6756 11/8/2022 TASC FSA ADMINISTRATIVE FEES 100220 52515 $100.00 5.2.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 $100.00 6757 11/8/2022 THE GAS COMPANY 2900 BREA CANYON RD (08.15.22 - 09.14.22) FY 22-23 100630 52215 $40.61 CHECK TOTAL $40.61 6758 11/8/2022 THE KNOT WORLDWIDE INC DBC ONLINE VENUE STOREFRONT 100510 52160 $2,880.00 CHECK TOTAL $2,880.00 6759 11/8/2022 THE RAPTOR SPORTS SCHOOL INC CLASS INSTRUCTOR-AQUATICS 100520 55320 $4,908.00 CHECK TOTAL $4,908.00 6760 11/8/2022 THE SAN GABRIEL VALLEY NEWSPAPER GR ORDINANCE SUMMARY PUBLISHING 100140 52160 $446.16 CHECK TOTAL $446.16 6761 11/8/2022 TISCARENO'S CATERING & EVENTS SENIOR DANCE CATERING 22-23 100520 55310 $1,631.55 CHECK TOTAL $1,631.55 6762 11/8/2022 TRIFYTT SPORTS LLC CONTRACT CLASS INSTRUCTOR-YOUTH SPORTS 100520 55320 $1,083.60 CHECK TOTAL $1,083.60 6763 11/8/2022 UNDERGROUND SERVICE ALERT OF SO CA US DIGALERT - CA STATE FEE - NOV. 2022 100615 54410 $40.45 11/8/2022 UNDERGROUND SERVICE ALERT OF SO CA US DIGALERT - MONTHLY SERVICE - OCT 2022 100615 54410 $116.75 CHECK TOTAL $157.20 6764 11/8/2022 US BANK CALCARD STATEMENT - OCT 2022 999 28100 $22,997.13 CHECK TOTAL $22,997.13 6765 11/8/2022 VERIZON WIRELESS WIRELESS PHONE SERVICE - 9/17/22- 10/16/22 100230 52200 $2,890.90 CHECK TOTAL $2,890.90 6766 11/8/2022 WANSEO CHUNG INSTRUCTOR PAYMENT - YOGA - FALL 22 100520 55320 $411.60 CHECK TOTAL $411.60 6767 11/8/2022 WAXIE SANITARY SUPPLY JANITORIAL SUPPLIES (DBC) FY 22-23 100510 51210 $233.04 11/8/2022 WAXIE SANITARY SUPPLY JANITORIAL SUPPLIES (DBC) FY 22-23 100510 51210 $166.78 CHECK TOTAL $399.82 5.2.b Packet Pg. 29 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 6768 11/8/2022 WEST COAST ARBORISTS INC CITYWIDE TREE MAINT (OCT) FY 22-23 100645 55522 $1,658.80 11/8/2022 WEST COAST ARBORISTS INC TREE MAIINT DIST 41 (OCT) FY 22-23 241641 55522 $552.20 11/8/2022 WEST COAST ARBORISTS INC TREE MAIINT DISTRICT 38 (OCT) FY 22-23 238638 55522 $330.50 CHECK TOTAL $2,541.50 6769 11/8/2022 WILLIAM AUSTIN RAWLINGS STIPEND-10/11/22 PC MTG-RAWLINGS 100410 52525 $65.00 CHECK TOTAL $65.00 6770 11/8/2022 WISCONSIN QUICK LUBE INC VEHICLE MAINTENANCE (LIC 1479593) FY 22-23 502655 52312 $95.13 CHECK TOTAL $95.13 6771 11/8/2022 WRIGHT CONSTURCTION ENGINEERING CORP CIP/DBC - SLOPE STABILIZATION PROJ. - #1 301630 56104 $330,330.00 CHECK TOTAL $330,330.00 6772 11/8/2022 YUNEX LLC TS MAINT/DBB-GRAND DECO POLE INSTALLATION 207650 55536 $26,995.00 11/8/2022 YUNEX LLC TS MAINTENANCE - SEPT 2022 207650 55536 $5,487.00 11/8/2022 YUNEX LLC TS MAINT/CALL-OUTS - SEPT 2022 207650 55536 $13,215.41 11/8/2022 YUNEX LLC CIP/BBS & CCTV REPLACEMENT PROJECT 301610 56102 $43,975.00 CHECK TOTAL $89,672.41 GRAND TOTAL $2,158,188.54 6618 10/25/2022 US BANK PCARD STATEMENT – SEPT 2022 VOIDED & RESISSUED AS #5705 (See above): $21,665.34 10/25/2022 US BANK DEBT SVCS PAYMENT – LEASE REV REFUNDING BONDS VOIDED & REISSUED AS #5706 (See above): $125,585.54 5.2.b Packet Pg. 30 Agenda #: 5.3 Meeting Date: November 15, 2022 TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager TITLE: TREASURER'S STATEMENT STRATEGIC GOAL: Responsible Stewardship of Public Resources RECOMMENDATION: Approve the October 2022 Treasurer’s Statement. FINANCIAL IMPACT: None. BACKGROUND/DISCUSSION: Consistent with City policy, the Finance Department presents the monthly Treasurer’s Statement to the City Council for review and approval. This statement shows the cash balances with a breakdown of various investment accounts and the yield to maturity from investments. This statement also includes an investment portfolio management report which details the activities of investments. All investments have been made in accordance with the City’s Investment Policy. PREPARED BY: 5.3 Packet Pg. 31 REVIEWED BY: Attachments: 1. 5.3.a Treasurer's Cash Balance Report - Oct 2022 2. 5.3.b Treasurer's Certification and Investment Report - Oct 2022 5.3 Packet Pg. 32 TOTAL CASH BALANCES Cash Funds General Account $1,404,786.06 Payroll Account $0.00 Change Fund - General Fund $2,000.00 Change Fund - Prop A Fund $300.00 Petty Cash Account $500.00 Parking Account Minimum $250.00 Cash With Fiscal Agent (US Bank 2021 Bonds)$42.06 Total Cash Funds $1,407,878.12 Investment Funds (Book Value): Local Agency Investment Fund $8,871,730.27 City Managed Fixed-Income Securities (0-5 year maturity) $54,999,785.67 Total Investment Funds (City Funds & LAIF)$63,871,515.94 Fiscal Year-To-Date Effective Rate of Return (City Funds & LAIF)2.52% FY 2022-23 Budgeted Interest Earnings $843,800.00 Fiscal Year-To-Date Interest Earnings (City Funds & LAIF)$477,285.57 Invested Funds With OPEB Trust $512,459.45 Annualized rate of return as of 6/30/2022 (since 2016)3.28% Fiscal Year-To-Date Effective Rate of Return -6.46% OPEB Trust Fiscal Year-To-Date Interest Earnings ($35,392.87) Total Cash and Investments $65,791,853.51 CITY OF DIAMOND BAR - CITY TREASURER'S REPORT AS OF OCTOBER 31, 2022 5.3.a Packet Pg. 33 INVESTMENTS BOOK VALUE PERCENT OF PORTFOLIO TERM DAYS TO MATURITY YIELD TO MATURITY Federal Credit Union CD $5,712,000.00 8.94%1,406 1,215 3.247 Local Agency Investment Fund $8,871,730.27 13.89%1 1 1.513 Corporate Notes $995,210.41 1.56%1,721 256 3.126 Federal Agency Coupon Securities $8,205,911.84 12.85%941 819 3.227 Federal Agency Discount Amortizing $4,727,190.69 7.40%94 49 3.259 Treasury Coupon Securities $22,369,359.98 35.02%688 551 2.746 Federal Agency Callable $7,746,828.86 12.13%1,544 538 1.986 Certificate of Deposit - Bank $4,693,283.89 7.35%1,549 814 2.102 Municipal Bonds $550,000.00 0.86%1,507 772 0.831 Total Investments and Averages $63,871,515.94 100.00%835 546 2.569 TOTAL INTEREST EARNED I certify that this report accurately reflects all City pooled investments Daniel Fox and is in conformity with the investment policy of the City of Diamond Bar City Treasurer approved by City Council and on file in the City Clerk's office. The investment program herein provides sufficient cash flow liquidity to meet the next six months estimated expenditures. $138,413.11 $477,285.57 CITY OF DIAMOND BAR INVESTMENT PORTFOLIO SUMMARY REPORT October 31, 2022 MONTH ENDING FISCAL YEAR-TO-DATE October 31, 2022 2022-23 5.3.b Packet Pg. 34 City of Diamond Bar Portfolio Management October 31, 2022 City of Diamond Bar 21810 Copley Drive Diamond Bar, CA (909)839-7053 Portfolio Summary % of Portfolio Book ValueInvestmentsMarket Value Par Value Days to MaturityTerm YTM/C Federal Credit Union CD 5,712,000.00 1,4068.94 3.2471,2155,647,048.855,712,000.00 Local Agency Investment Funds 8,871,730.27 113.89 1.51318,757,510.428,871,730.27 Corporate Notes 995,210.41 1,7211.56 3.126256993,668.501,000,000.00 Federal Agency Coupon Securities 8,205,911.84 94112.85 3.2278198,206,856.788,250,000.00 Federal Agency Disc. -Amortizing 4,727,190.69 947.40 3.259494,727,190.694,750,000.00 Treasury Coupon Securities 22,369,359.98 68835.02 2.74655122,214,425.2722,500,000.00 Federal Agency Callable 7,746,828.86 1,54412.13 1.9865387,386,023.007,750,000.00 Certificate of Deposit 4,693,283.89 1,5497.35 2.1028144,552,439.144,694,000.00 Municipal Bonds 550,000.00 1,5070.86 0.831772515,303.85550,000.00 63,871,515.94 100.00%Investments 63,000,466.5064,077,730.27 835 546 2.569 Current Year October 31 138,413.11 Fiscal Year To Date 477,285.57 Average Daily Balance Effective Rate of Return 64,693,842.51 64,148,799.56 2.21%2.52% Total Earnings Month Ending __________________________________________________ ____________________ Jason M. Jacobsen, Finance Director Portfolio POOL AP Reporting period 10/01/2022-10/31/2022 Run Date: 11/09/2022 - 17:09 PM (PRF_PM1) 7.3.0 Report Ver. 7.3.6.1 11/09/2022 5.3.b Packet Pg. 35 Days to Maturity Page 1 Par Value Book Value Maturity Date Stated RateMarket Value October 31, 2022 Portfolio Details - Investments Average BalanceIssuer Portfolio Management City of Diamond Bar YTM/C TermCUSIPInvestment # Purchase Date Federal Credit Union CD 1,506America's Credit Union10402 248,000.00 248,000.00 12/16/20261.35012/16/2021 227,139.23 1,82606251A3K4 1.350 930American Express Bank10419 246,000.00 246,000.00 05/19/20253.10005/18/2022 244,052.66 1,09702589ACS9 3.100 629Apple Bank For Savings10443 248,000.00 248,000.00 07/22/20243.20007/22/2022 248,000.00 73103784JTK0 3.200 1,785AUSTIN TELCO FCU10495 249,000.00 249,000.00 09/21/20273.80009/21/2022 249,000.00 1,826052392BT3 3.800 629Baxter Credit Union10444 248,000.00 248,000.00 07/22/20243.15007/22/2022 248,000.00 73107181JAG9 3.150 1,729Capital One Bank USA10453 248,000.00 248,000.00 07/27/20273.50007/27/2022 248,000.00 1,82614042THZ3 3.500 1,078CHIEF FINANCIAL FCU10502 249,000.00 249,000.00 10/14/20254.60010/12/2022 249,000.00 1,09816863LAE5 4.600 1,183Community Commerce Bank10440 248,000.00 248,000.00 01/27/20263.05007/27/2022 248,000.00 1,28020367GBD0 3.050 1,029Connexus CU10474 248,000.00 248,000.00 08/26/20253.50008/26/2022 248,000.00 1,09620825WBC3 3.500 1,213GREENSTATE CREDIT UNION10255 248,000.00 248,000.00 02/26/20260.65002/26/2021 224,875.74 1,82639573LAV0 0.650 1,420HEALTHCARE SYSTEMS FCU10496 249,000.00 249,000.00 09/21/20263.60009/21/2022 249,000.00 1,46142228LAH4 3.600 1,553State Bank of India10410 248,000.00 248,000.00 02/01/20271.75001/31/2022 230,670.75 1,827856285E98 1.750 1,794JEANNE D'ARC CREDIT UNION10491 249,000.00 249,000.00 09/30/20273.80009/30/2022 249,000.00 1,826472207AE9 3.800 1,779LUMINATE BANK10487 249,000.00 249,000.00 09/15/20273.40009/15/2022 249,000.00 1,82655026MAE5 3.400 7Mountain Amer Fed Cr Union10207 248,000.00 248,000.00 11/08/20222.30011/08/2017 248,323.39 1,82662384RAC0 2.300 979Sallie Mae Bank10461 248,000.00 248,000.00 07/07/20253.40007/06/2022 248,000.00 1,097795451BQ5 3.400 1,724Toyota Financial SGS Bank10442 248,000.00 248,000.00 07/22/20273.40007/22/2022 248,000.00 1,82689235MNT4 3.400 1,060UNIVERSITY CREDIT UNION10492 249,000.00 249,000.00 09/26/20254.00009/26/2022 249,000.00 1,096914242AA0 4.000 941US ALLIANCE FED CREDIT UNION10424 249,000.00 249,000.00 05/30/20253.10005/31/2022 246,987.08 1,09590352RCM5 3.100 633Utah Community Fed Cr Union10454 248,000.00 248,000.00 07/26/20243.15007/27/2022 248,000.00 730917352AA4 3.150 1,794BANK OF THE VALLEY NE10494 249,000.00 249,000.00 09/30/20274.10009/30/2022 249,000.00 1,82606543PDA0 4.100 1,443VCC BANK10499 249,000.00 249,000.00 10/14/20264.25010/14/2022 249,000.00 1,46191823MBE4 4.250 1,088VERIDIAN CU10500 249,000.00 249,000.00 10/24/20254.50010/24/2022 249,000.00 1,09692348DAA7 4.500 5,712,000.00 1,4065,647,048.855,712,000.005,310,387.10Subtotal and Average 1,215 3.247 Local Agency Investment Funds 1Local Agency Investment Fund10028 8,871,730.27 8,871,730.27 1.5138,757,510.42 1LAIF 1.513 8,871,730.27 18,757,510.428,871,730.2710,060,869.01Subtotal and Average 1 1.513 Corporate Notes 351Toyota MTR Credit Corp10223 500,000.00 496,644.28 10/18/20232.25002/28/2019 493,644.50 1,69389236TDK8 3.001 161Walmart Inc.10216 500,000.00 498,566.13 04/11/20232.55006/27/2018 500,024.00 1,749931142DH3 3.251 995,210.41 1,721993,668.501,000,000.00994,948.95Subtotal and Average 256 3.126 Federal Agency Coupon Securities 252Federal Farm Credit Bank10446 500,000.00 499,589.59 07/11/20233.00007/18/2022 499,589.59 3583133ENA83 3.120 962Federal Farm Credit Bank10458 500,000.00 502,478.69 06/20/20253.37507/11/2022 502,478.69 1,0753133ENZG8 3.176 484Federal Home Loan Bank10416 2,000,000.00 1,994,364.62 02/28/20242.12503/29/2022 1,974,200.00 7013130ARHG9 2.344 Portfolio POOL AP Run Date: 11/09/2022 - 17:09 PM (PRF_PM2) 7.3.0 Report Ver. 7.3.6.1 5.3.b Packet Pg. 36 Days to Maturity Page 2 Par Value Book Value Maturity Date Stated RateMarket Value October 31, 2022 Portfolio Details - Investments Average BalanceIssuer Portfolio Management City of Diamond Bar YTM/C TermCUSIPInvestment # Purchase Date Federal Agency Coupon Securities 1,683Federal Home Loan Bank10432 1,000,000.00 999,158.44 06/11/20273.50006/16/2022 1,020,268.00 1,8213130ASGU7 3.520 1,319Federal Home Loan Bank10447 1,000,000.00 1,007,876.42 06/12/20263.37507/18/2022 1,007,876.42 1,4253130ASJ59 3.141 605Federal Home Loan Bank10460 1,000,000.00 994,408.38 06/28/20242.75007/08/2022 994,408.38 7213130ASDS5 3.099 213Federal Home Loan Bank10479 1,000,000.00 977,647.45 06/02/20230.12509/21/2022 977,647.45 2543130AMRY0 4.031 682Federal Home Loan Bank10483 750,000.00 741,982.78 09/13/20243.50009/22/2022 741,982.78 7223130AT6G7 4.100 1,682INTER-AMERICAN DEV. BANK10498 500,000.00 488,405.47 06/10/20272.98009/13/2022 488,405.47 1,73145818WED4 3.902 8,205,911.84 9418,206,856.788,250,000.008,203,954.08Subtotal and Average 819 3.227 Federal Agency Disc. -Amortizing 24Federal Home Loan Bank10466 1,500,000.00 1,497,420.00 11/25/20222.58008/12/2022 1,497,420.00 105313385Q74 2.636 52Federal Home Loan Bank10484 1,000,000.00 995,052.78 12/23/20223.42509/27/2022 995,052.78 87313385U38 3.502 149Federal Home Loan Bank10485 750,000.00 738,017.91 03/30/20233.86009/27/2022 738,017.91 184313384DS5 3.992 24Federal Home Loan Bank10501 1,500,000.00 1,496,700.00 11/25/20223.30010/14/2022 1,496,700.00 42313385Q74 3.359 4,727,190.69 944,727,190.694,750,000.004,675,054.54Subtotal and Average 49 3.259 Treasury Coupon Securities 1,521U.S. Treasury10403 1,000,000.00 995,695.58 12/31/20261.25001/04/2022 925,664.00 1,82291282CDQ1 1.357 865U.S. Treasury10415 3,000,000.00 2,963,139.20 03/15/20251.75003/22/2022 2,903,439.00 1,08991282CED9 2.290 561U.S. Treasury10417 2,000,000.00 1,993,463.72 05/15/20242.50004/25/2022 1,983,672.00 751912828WJ5 2.720 29U.S. Treasury10418 1,000,000.00 998,944.78 11/30/20220.12504/25/2022 990,898.00 21991282CAX9 1.466 638U.S. Treasury10434 1,000,000.00 983,470.18 07/31/20241.75006/08/2022 975,742.00 784912828Y87 2.730 607U.S. Treasury10435 1,000,000.00 976,511.25 06/30/20241.75006/14/2022 976,875.00 7479128286Z8 3.222 1,702U.S. Treasury10436 1,000,000.00 1,010,126.76 06/30/20273.25007/14/2022 1,010,126.76 1,81291282CEW7 3.014 1,095U.S. Treasury10445 1,000,000.00 996,438.51 10/31/20253.00007/18/2022 996,438.51 1,2019128285J5 3.125 91U.S. Treasury10452 4,000,000.00 3,988,888.42 01/31/20231.75007/25/2022 3,988,888.42 190912828P38 2.889 1,064U.S. Treasury10456 1,000,000.00 995,621.28 09/30/20253.00007/11/2022 995,621.28 1,1779128285C0 3.158 957U.S. Treasury10459 1,000,000.00 995,610.22 06/15/20252.87507/08/2022 995,610.22 1,07391282CEU1 3.051 29U.S. Treasury10462 1,500,000.00 1,499,218.06 11/30/20222.00008/09/2022 1,499,218.06 113912828M80 2.653 119U.S. Treasury10463 2,000,000.00 1,997,618.53 02/28/20232.62508/09/2022 1,997,618.53 2039128284A5 2.992 60U.S. Treasury10471 500,000.00 499,521.32 12/31/20222.12508/17/2022 499,521.32 136912828N30 2.711 106U.S. Treasury10476 500,000.00 498,673.17 02/15/20232.00008/18/2022 498,673.17 181912828UN8 2.934 333U.S. Treasury10482 1,000,000.00 976,419.00 09/30/20231.37509/21/2022 976,419.00 374912828T26 4.039 22,369,359.98 68822,214,425.2722,500,000.0022,362,992.78Subtotal and Average 551 2.746 Federal Agency Callable 1,218Federal Farm Credit Bank10258 500,000.00 500,000.00 03/03/20260.79003/03/2021 463,515.50 1,8263133EMSH6 0.790 164Federal Farm Credit Bank10259 500,000.00 500,000.00 04/14/20250.69004/14/2021 468,659.00 1,4613133EMVS8 0.690 436Federal Farm Credit Bank10397 1,000,000.00 1,000,000.00 01/11/20271.47001/11/2022 933,642.00 1,8263133ENKG4 1.470 Portfolio POOL AP Run Date: 11/09/2022 - 17:09 PM (PRF_PM2) 7.3.0 5.3.b Packet Pg. 37 Days to Maturity Page 3 Par Value Book Value Maturity Date Stated RateMarket Value October 31, 2022 Portfolio Details - Investments Average BalanceIssuer Portfolio Management City of Diamond Bar YTM/C TermCUSIPInvestment # Purchase Date Federal Agency Callable 1,547Federal Farm Credit Bank10405 1,500,000.00 1,500,000.00 01/26/20271.84001/26/2022 1,417,582.50 1,8263133ENMA5 1.840 114Federal Farm Credit Bank10475 500,000.00 500,000.00 08/23/20274.03008/23/2022 500,000.00 1,8263133ENH52 4.030 23Federal Home Loan Bank10254 500,000.00 499,502.92 02/24/20260.62502/24/2021 460,993.50 1,8263130AL7M0 0.701 88Federal Home Loan Bank10406 1,500,000.00 1,500,000.00 01/28/20271.70001/28/2022 1,398,064.50 1,8263130AQKJ1 1.700 479Federal Home Loan Bank10428 1,000,000.00 1,000,000.00 02/23/20243.00005/23/2022 994,442.00 6413130ARYU9 3.000 57Federal Home Loan Mtg Corp10433 750,000.00 747,325.94 06/28/20243.12506/28/2022 749,124.00 7313134GXYM0 3.349 7,746,828.86 1,5447,386,023.007,750,000.007,746,760.16Subtotal and Average 538 1.986 Certificate of Deposit 1,220BANK UNITED NA10256 248,000.00 248,000.00 03/05/20260.65003/05/2021 224,768.35 1,826066519QK8 0.000 930Capital One Bank10429 248,000.00 248,000.00 05/19/20253.10005/18/2022 246,036.83 1,09714042RRH6 3.100 174CIT Bank10213 248,000.00 248,000.00 04/24/20233.00004/24/2018 248,903.96 1,82617312QJ67 3.002 944Discover Bank10431 246,000.00 246,000.00 06/02/20253.10006/01/2022 244,005.19 1,097254673F68 3.100 514Deleware Police Fed Credit Uni10451 246,000.00 245,283.89 03/29/20243.00007/20/2022 245,283.89 618246399AB5 3.210 645EnerBank USA10230 247,000.00 247,000.00 08/07/20242.15008/07/2019 241,213.04 1,82729278TKJ8 2.152 71First Source Bank10248 242,000.00 242,000.00 01/11/20231.40003/11/2020 241,036.36 1,03633646CLX0 1.401 1,407Goldman Sachs Bank10260 248,000.00 248,000.00 09/08/20261.05009/08/2021 225,703.81 1,82638149MZJ5 1.051 148Indust & Comm Bank China10212 248,000.00 248,000.00 03/29/20232.90003/29/2018 248,875.94 1,82645581EAS0 2.902 574JP Morgan Chase10250 248,000.00 248,000.00 05/28/20251.00005/28/2020 231,727.23 1,82648128UDS5 1.001 980Meritrust Fed CU10457 248,000.00 248,000.00 07/08/20253.35007/08/2022 248,000.00 1,09659001PAS8 3.350 92Morgan Stanley Bank10209 246,000.00 246,000.00 02/01/20232.65002/01/2018 246,614.75 1,82661747MH95 2.651 548Morgan Stanley Bank10226 246,000.00 246,000.00 05/02/20242.75005/02/2019 243,893.01 1,82761760AZR3 2.753 1,238Pentagon Federal Credit Union10414 248,000.00 248,000.00 03/23/20261.80003/22/2022 234,447.30 1,46270962LBH4 1.800 1,226Pathfinder Bank10257 249,000.00 249,000.00 03/11/20260.70003/11/2021 225,981.94 1,82670320KAX9 0.000 661Raymond James Bank NA10233 247,000.00 247,000.00 08/23/20242.00008/23/2019 240,310.01 1,82775472RAE1 2.002 931Synchrony Bank10430 248,000.00 248,000.00 05/20/20253.10005/20/2022 246,033.11 1,09687165GR79 3.100 1,729Third Fed Savings & Loan10455 245,000.00 245,000.00 07/27/20273.40007/27/2022 245,000.00 1,82688413QDM7 3.402 1,408UBS Bank USA10261 248,000.00 248,000.00 09/09/20260.95009/09/2021 224,604.42 1,82690348JS92 0.000 4,693,283.89 1,5494,552,439.144,694,000.004,788,875.90Subtotal and Average 814 2.102 Municipal Bonds 578CALIF STATE HLTH FACS AUTH10252 200,000.00 200,000.00 06/01/20240.75211/04/2020 189,923.60 1,30513032UXL7 0.752 943CALIF STATE HLTH FACS AUTH10253 250,000.00 250,000.00 06/01/20250.95211/04/2020 231,621.25 1,67013032UXM5 0.952 731California St Univ Rev-Bond10251 100,000.00 100,000.00 11/01/20240.68509/17/2020 93,759.00 1,50613077DMK5 0.685 550,000.00 1,507515,303.85550,000.00550,000.00Subtotal and Average 772 0.831 Portfolio POOL AP Run Date: 11/09/2022 - 17:09 PM (PRF_PM2) 7.3.0 5.3.b Packet Pg. 38 Days to Maturity Page 4 Par Value Book Value Maturity Date Stated RateMarket Value October 31, 2022 Portfolio Details - Investments Average BalanceIssuer Portfolio Management City of Diamond Bar YTM/C TermCUSIPInvestment # Purchase Date Wells Fargo Sweep Account 1Wells Fargo10036 0.00 0.00 0.01007/01/2012 0.00 1SWEEP 0.010 0.00 00.000.000.00Subtotal and Average 0 0.000 83564,693,842.51 64,077,730.27 546 2.56963,000,466.50 63,871,515.94Total and Average Portfolio POOL AP Run Date: 11/09/2022 - 17:09 PM (PRF_PM2) 7.3.0 5.3.b Packet Pg. 39 Days to Maturity Page 5 Par Value Book Value Stated RateMarket Value October 31, 2022 Portfolio Details - Cash Average BalanceIssuer Portfolio Management City of Diamond Bar YTM/C TermCUSIPInvestment # Purchase Date 0.00 83564,693,842.51 64,077,730.27 546 2.569 0 0Average Balance 63,000,466.50 63,871,515.94Total Cash and Investments Portfolio POOL AP Run Date: 11/09/2022 - 17:09 PM (PRF_PM2) 7.3.0 5.3.b Packet Pg. 40 Page 1 Par Value Book Value Maturity Date Accrued InterestMarket Value October 31, 2022 Portfolio Details with Earnings - Investments Average BalanceIssuer Portfolio Management City of Diamond Bar CUSIP Investment # Purchase Date Days To Maturity Unrealized Gain/Loss Current Rate YTM Federal Credit Union CD ACUDPT10402 248,000.00 248,000.00 12/16/202612/16/2021 227,139.2306251A3K4 1,265.82 -20,860.771.3501.350 1506 AMEX10419 246,000.00 246,000.00 05/19/202505/18/2022 244,052.6602589ACS9 3,489.16 -1,947.343.1003.100 930 APPLBK10443 248,000.00 248,000.00 07/22/202407/22/2022 248,000.0003784JTK0 2,217.73 0.003.2003.200 629 AUSTIN10495 249,000.00 249,000.00 09/21/202709/21/2022 249,000.00052392BT3 777.70 0.003.8003.800 1785 BAXTCU10444 248,000.00 248,000.00 07/22/202407/22/2022 248,000.0007181JAG9 192.62 0.003.1503.150 629 CAPONE10453 248,000.00 248,000.00 07/27/202707/27/2022 248,000.0014042THZ3 2,306.74 0.003.5003.500 1729 CHIEF10502 249,000.00 249,000.00 10/14/202510/12/2022 249,000.0016863LAE5 596.24 0.004.6004.600 1078 COMCMM10440 248,000.00 248,000.00 01/27/202607/27/2022 248,000.0020367GBD0 82.89 0.003.0503.050 1183 CONNEX10474 248,000.00 248,000.00 08/26/202508/26/2022 248,000.0020825WBC3 0.00 0.003.5003.500 1029 GRNSTC10255 248,000.00 248,000.00 02/26/202602/26/2021 224,875.7439573LAV0 132.49 -23,124.260.6500.650 1213 HEALTH10496 249,000.00 249,000.00 09/21/202609/21/2022 249,000.0042228LAH4 245.59 0.003.6003.600 1420 INDIA10410 248,000.00 248,000.00 02/01/202701/31/2022 230,670.75856285E98 1,105.81 -17,329.251.7501.750 1553 JEDARC10491 249,000.00 249,000.00 09/30/202709/30/2022 249,000.00472207AE9 25.92 0.003.8003.800 1794 LUMINA10487 249,000.00 249,000.00 09/15/202709/15/2022 249,000.0055026MAE5 1,066.95 0.003.4003.400 1779 MTNAME10207 248,000.00 248,000.00 11/08/202211/08/2017 248,323.3962384RAC0 359.43 323.392.3002.300 7 SALLIE10461 248,000.00 248,000.00 07/07/202507/06/2022 248,000.00795451BQ5 2,725.96 0.003.4003.400 979 TOYFBN10442 248,000.00 248,000.00 07/22/202707/22/2022 248,000.0089235MNT4 2,356.34 0.003.4003.400 1724 UNIVCU10492 249,000.00 249,000.00 09/26/202509/26/2022 249,000.00914242AA0 955.07 0.004.0004.000 1060 USAFCU10424 249,000.00 249,000.00 05/30/202505/31/2022 246,987.0890352RCM5 634.44 -2,012.923.1003.100 941 UTACOM10454 248,000.00 248,000.00 07/26/202407/27/2022 248,000.00917352AA4 85.61 0.003.1503.150 633 VALLEY10494 249,000.00 249,000.00 09/30/202709/30/2022 249,000.0006543PDA0 27.97 0.004.1004.100 1794 VCC BK10499 249,000.00 249,000.00 10/14/202610/14/2022 249,000.0091823MBE4 492.88 0.004.2504.250 1443 VERIDI10500 249,000.00 249,000.00 10/24/202510/24/2022 249,000.0092348DAA7 214.89 0.004.5004.500 1088 5,712,000.005,647,048.855,712,000.005,310,387.10Subtotal and Average 21,358.25 -64,951.1512153.2473.247 Local Agency Investment Funds LAIF10028 8,871,730.27 8,871,730.278,757,510.42LAIF 12,928.35 -114,219.851.5131.513 1 8,871,730.278,757,510.428,871,730.2710,060,869.01Subtotal and Average 12,928.35 -114,219.8511.5131.513 Corporate Notes TOYOTA10223 500,000.00 496,644.28 10/18/202302/28/2019 493,644.5089236TDK8 406.25 -2,999.783.0002.250 351 WMTINC10216 500,000.00 498,566.13 04/11/202306/27/2018 500,024.00931142DH3 708.33 1,457.873.2512.550 161 995,210.41993,668.501,000,000.00994,948.95Subtotal and Average 1,114.58 -1,541.912563.1262.400 Federal Agency Coupon Securities FFCB10446 500,000.00 499,589.59 07/11/202307/18/2022 499,589.593133ENA83 4,291.66 0.003.1203.000 252 FFCB10458 500,000.00 502,478.69 06/20/202507/11/2022 502,478.693133ENZG8 5,156.25 0.003.1763.375 962 FHLB10416 2,000,000.00 1,994,364.62 02/28/202403/29/2022 1,974,200.003130ARHG9 7,437.50 -20,164.622.3442.125 484 FHLB10432 1,000,000.00 999,158.44 06/11/202706/16/2022 1,020,268.003130ASGU7 13,125.00 21,109.563.5203.500 1683 Portfolio POOL AP Run Date: 11/09/2022 - 17:09 PM (PRF_PM8) 7.3.0 Report Ver. 7.3.6.1 5.3.b Packet Pg. 41 Page 2 Par Value Book Value Maturity Date Accrued InterestMarket Value October 31, 2022 Portfolio Details with Earnings - Investments Average BalanceIssuer Portfolio Management City of Diamond Bar CUSIP Investment # Purchase Date Days To Maturity Unrealized Gain/Loss Current Rate YTM Federal Agency Coupon Securities FHLB10447 1,000,000.00 1,007,876.42 06/12/202607/18/2022 1,007,876.423130ASJ59 9,656.25 0.003.1413.375 1319 FHLB10460 1,000,000.00 994,408.38 06/28/202407/08/2022 994,408.383130ASDS5 8,631.94 0.003.0982.750 605 FHLB10479 1,000,000.00 977,647.45 06/02/202309/21/2022 977,647.453130AMRY0 138.89 0.004.0300.125 213 FHLB10483 750,000.00 741,982.78 09/13/202409/22/2022 741,982.783130AT6G7 2,843.75 0.004.1003.500 682 IADB10498 500,000.00 488,405.47 06/10/202709/13/2022 488,405.4745818WED4 1,986.66 0.003.9022.980 1682 8,205,911.848,206,856.788,250,000.008,203,954.08Subtotal and Average 53,267.90 944.948193.2272.588 Federal Agency Disc. -Amortizing FHLB10466 1,500,000.00 1,497,420.00 11/25/202208/12/2022 1,497,420.00313385Q74 0.00 0.002.6352.580 24 FHLB10484 1,000,000.00 995,052.78 12/23/202209/27/2022 995,052.78313385U38 0.00 0.003.5013.425 52 FHLB10485 750,000.00 738,017.91 03/30/202309/27/2022 738,017.91313384DS5 0.00 0.003.9913.860 149 FHLB10501 1,500,000.00 1,496,700.00 11/25/202210/14/2022 1,496,700.00313385Q74 0.00 0.003.3583.300 24 4,727,190.694,727,190.694,750,000.004,675,054.54Subtotal and Average 0.00 0.00493.2593.186 Treasury Coupon Securities USTR10403 1,000,000.00 995,695.58 12/31/202601/04/2022 925,664.0091282CDQ1 4,211.96 -70,031.581.3571.250 1521 USTR10415 3,000,000.00 2,963,139.20 03/15/202503/22/2022 2,903,439.0091282CED9 6,816.30 -59,700.202.2891.750 865 USTR10417 2,000,000.00 1,993,463.72 05/15/202404/25/2022 1,983,672.00912828WJ5 23,097.83 -9,791.722.7192.500 561 USTR10418 1,000,000.00 998,944.78 11/30/202204/25/2022 990,898.0091282CAX9 525.96 -8,046.781.4660.125 29 USTR10434 1,000,000.00 983,470.18 07/31/202406/08/2022 975,742.00912828Y87 4,422.55 -7,728.182.7301.750 638 USTR10435 1,000,000.00 976,511.25 06/30/202406/14/2022 976,875.009128286Z8 5,896.74 363.753.2221.750 607 USTR10436 1,000,000.00 1,010,126.76 06/30/202707/14/2022 1,010,126.7691282CEW7 9,714.68 0.003.0143.250 1702 USTR10445 1,000,000.00 996,438.51 10/31/202507/18/2022 996,438.519128285J5 82.87 0.003.1253.000 1095 USTR10452 4,000,000.00 3,988,888.42 01/31/202307/25/2022 3,988,888.42912828P38 17,690.22 0.002.8881.750 91 USTR10456 1,000,000.00 995,621.28 09/30/202507/11/2022 995,621.289128285C0 2,637.36 0.003.1583.000 1064 USTR10459 1,000,000.00 995,610.22 06/15/202507/08/2022 995,610.2291282CEU1 9,112.03 0.003.0512.875 957 USTR10462 1,500,000.00 1,499,218.06 11/30/202208/09/2022 1,499,218.06912828M80 6,885.25 0.002.6532.000 29 USTR10463 2,000,000.00 1,997,618.53 02/28/202308/09/2022 1,997,618.539128284A5 8,991.71 0.002.9912.625 119 USTR10471 500,000.00 499,521.32 12/31/202208/17/2022 499,521.32912828N30 2,194.29 0.002.7102.125 60 USTR10476 500,000.00 498,673.17 02/15/202308/18/2022 498,673.17912828UN8 2,038.05 0.002.9342.000 106 USTR10482 1,000,000.00 976,419.00 09/30/202309/21/2022 976,419.00912828T26 1,208.79 0.004.0391.375 333 22,369,359.9822,214,425.2722,500,000.0022,362,992.78Subtotal and Average 105,526.59 -154,934.715512.7462.044 Federal Agency Callable FFCB10258 500,000.00 500,000.00 03/03/202603/03/2021 463,515.503133EMSH6 636.39 -36,484.500.7900.790 1218 FFCB10259 500,000.00 500,000.00 04/14/202504/14/2021 468,659.003133EMVS8 162.92 -31,341.000.6900.690 164 FFCB10397 1,000,000.00 1,000,000.00 01/11/202701/11/2022 933,642.003133ENKG4 4,491.67 -66,358.001.4701.470 436 FFCB10405 1,500,000.00 1,500,000.00 01/26/202701/26/2022 1,417,582.503133ENMA5 7,283.33 -82,417.501.8401.840 1547 FFCB10475 500,000.00 500,000.00 08/23/202708/23/2022 500,000.003133ENH52 3,806.11 0.004.0304.030 114 Portfolio POOL AP Run Date: 11/09/2022 - 17:09 PM (PRF_PM8) 7.3.0 5.3.b Packet Pg. 42 Page 3 Par Value Book Value Maturity Date Accrued InterestMarket Value October 31, 2022 Portfolio Details with Earnings - Investments Average BalanceIssuer Portfolio Management City of Diamond Bar CUSIP Investment # Purchase Date Days To Maturity Unrealized Gain/Loss Current Rate YTM Federal Agency Callable FHLB10254 500,000.00 499,502.92 02/24/202602/24/2021 460,993.503130AL7M0 581.60 -38,509.420.7000.625 23 FHLB10406 1,500,000.00 1,500,000.00 01/28/202701/28/2022 1,398,064.503130AQKJ1 6,587.50 -101,935.501.7001.700 88 FHLB10428 1,000,000.00 1,000,000.00 02/23/202405/23/2022 994,442.003130ARYU9 5,830.83 -5,558.003.0003.000 479 FHLMC10433 750,000.00 747,325.94 06/28/202406/28/2022 749,124.003134GXYM0 8,007.81 1,798.063.3493.125 57 7,746,828.867,386,023.007,750,000.007,746,760.16Subtotal and Average 37,388.16 -360,805.865381.9861.960 Certificate of Deposit BKUNTD10256 248,000.00 248,000.00 03/05/202603/05/2021 224,768.35066519QK8 247.32 -23,231.650.0000.650 1220 CAPIBK10429 248,000.00 248,000.00 05/19/202505/18/2022 246,036.8314042RRH6 3,517.52 -1,963.173.1003.100 930 CITBK10213 248,000.00 248,000.00 04/24/202304/24/2018 248,903.9617312QJ67 163.07 903.963.0013.000 174 DISCOV10431 246,000.00 246,000.00 06/02/202506/01/2022 244,005.19254673F68 3,196.65 -1,994.813.1003.100 944 DSPFCU10451 246,000.00 245,283.89 03/29/202407/20/2022 245,283.89246399AB5 667.23 0.003.2103.000 514 ENERBK10230 247,000.00 247,000.00 08/07/202408/07/2019 241,213.0429278TKJ8 1,251.24 -5,786.962.1522.150 645 FSOURC10248 242,000.00 242,000.00 01/11/202303/11/2020 241,036.3633646CLX0 473.39 -963.641.4001.400 71 GOLD10260 248,000.00 248,000.00 09/08/202609/08/2021 225,703.8138149MZJ5 385.25 -22,296.191.0501.050 1407 ICBC10212 248,000.00 248,000.00 03/29/202303/29/2018 248,875.9445581EAS0 59.11 875.942.9012.900 148 JPMC10250 248,000.00 248,000.00 05/28/202505/28/2020 231,727.2348128UDS5 434.85 -16,272.771.0001.000 574 MERITR10457 248,000.00 248,000.00 07/08/202507/08/2022 248,000.0059001PAS8 705.61 0.003.3503.350 980 MORGAN10209 246,000.00 246,000.00 02/01/202302/01/2018 246,614.7561747MH95 1,643.15 614.752.6512.650 92 MORGAN10226 246,000.00 246,000.00 05/02/202405/02/2019 243,893.0161760AZR3 3,391.77 -2,106.992.7532.750 548 PENTAG10414 248,000.00 248,000.00 03/23/202603/22/2022 234,447.3070962LBH4 122.30 -13,552.701.8001.800 1238 PTHFDR10257 249,000.00 249,000.00 03/11/202603/11/2021 225,981.9470320KAX9 95.51 -23,018.060.0000.700 1226 RJBANK10233 247,000.00 247,000.00 08/23/202408/23/2019 240,310.0175472RAE1 947.40 -6,689.992.0022.000 661 SYNCH10430 248,000.00 248,000.00 05/20/202505/20/2022 246,033.1187165GR79 3,475.39 -1,966.893.1003.100 931 THFDSL10455 245,000.00 245,000.00 07/27/202707/27/2022 245,000.0088413QDM7 2,213.72 0.003.4023.400 1729 UBSBK10261 248,000.00 248,000.00 09/09/202609/09/2021 224,604.4290348JS92 142.01 -23,395.580.0000.950 1408 4,693,283.894,552,439.144,694,000.004,788,875.90Subtotal and Average 23,132.49 -140,844.758142.1022.212 Municipal Bonds CAHLTH10252 200,000.00 200,000.00 06/01/202411/04/2020 189,923.6013032UXL7 626.67 -10,076.400.7520.752 578 CAHLTH10253 250,000.00 250,000.00 06/01/202511/04/2020 231,621.2513032UXM5 991.67 -18,378.750.9520.952 943 CALSTU10251 100,000.00 100,000.00 11/01/202409/17/2020 93,759.0013077DMK5 342.50 -6,241.000.6840.685 731 550,000.00515,303.85550,000.00550,000.00Subtotal and Average 1,960.84 -34,696.157720.8310.831 Wells Fargo Sweep Account WF10036 0.00 0.0007/01/2012 0.00SWEEP 0.00 0.000.0100.010 1 0.000.000.000.00Subtotal and Average 0.00 0.0000.0000.000 Portfolio POOL AP Run Date: 11/09/2022 - 17:09 PM (PRF_PM8) 7.3.0 5.3.b Packet Pg. 43 Page 4 Par Value Book Value Accrued InterestMarket Value October 31, 2022 Portfolio Details with Earnings - Investments Average BalanceIssuer Portfolio Management City of Diamond Bar CUSIP Investment # Purchase Date Days To Maturity Unrealized Gain/Loss Current Rate YTM 64,077,730.27 63,000,466.50 63,871,515.94 2.229 546 2.569 256,677.16 -871,049.4464,693,842.51Total and Average Portfolio POOL AP Run Date: 11/09/2022 - 17:09 PM (PRF_PM8) 7.3.0 5.3.b Packet Pg. 44 Page 5 Par Value Book Value Accrued InterestMarket Value October 31, 2022 Portfolio Details with Earnings - Cash Average BalanceIssuer Portfolio Management City of Diamond Bar CUSIP Investment # Purchase Date Days To Maturity Unrealized Gain/Loss Current Rate YTM 64,077,730.27 63,000,466.50 63,871,515.94 2.229 546 2.569 256,677.16 -871,049.44 0.00 64,693,842.51 Average Balance Total Cash and Investments Portfolio POOL AP Run Date: 11/09/2022 - 17:09 PM (PRF_PM8) 7.3.0 5.3.b Packet Pg. 45 Page 1 October 2021 through October 2022 Activity Summary Month Portfolio Management End Year Number of Securities Total Invested 360 Equivalent 365 Equivalent Managed Pool Rate Average Term Average Days to Maturity City of Diamond Bar Number of Investments Purchased Number of Investments Redeemed Yield to Maturity 49,374,667.95October202146 414 1250.621 0.629 0.230 0 0 49,225,575.34November202145 411 1190.614 0.622 0.230 0 0 51,477,482.73December202145 389 1160.585 0.593 0.230 1 0 56,246,085.04January202248 513 1570.662 0.671 0.230 5 0 57,478,742.11February202248 506 1700.686 0.696 0.230 2 0 57,430,553.33March202248 585 2570.861 0.873 0.230 3 0 59,203,934.30April202249 573 3101.059 1.074 0.523 2 0 59,961,006.62May202251 572 3101.187 1.204 0.684 5 0 61,917,778.75June202253 606 3441.392 1.411 0.861 5 2 63,687,029.25July202270 768 5021.887 1.913 1.090 19 1 59,676,386.12August202278 823 5432.288 2.320 1.276 9 3 64,797,795.87September202288 817 5472.432 2.466 1.276 13 3 63,871,515.94October202289 835 5462.538 2.573 1.513 4 2 Average 58,026,811.80 1.293%1.311%0.662 5 1 601 31158 Portfolio POOL AP Run Date: 11/09/2022 - 17:09 PM (PRF_PM4) 7.3.0 Report Ver. 7.3.6.1 5.3.b Packet Pg. 46 Agenda #: 5.4 Meeting Date: November 15, 2022 TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager TITLE: CONTINUED USE OF TELECONFERENCING IN ACCORDANCE WITH ASSEMBLY BILL 361 FOR MEETINGS OF THE DIAMOND BAR CITY COUNCIL AND OTHER CITY COMMISSIONS AND COMMITTEES SUBJECT TO STATE OPEN MEETING LAWS. STRATEGIC GOAL: Open, Engaged & Responsive Government RECOMMENDATION: Adopt Resolution No. 2022-55, providing for continued use of teleconferencing and other formats as defined and in compliance with Assembly Bill 361 for meetings of the Diamond Bar City Council, City Commissions and Subcommittees. FINANCIAL IMPACT: No financial impact. BACKGROUND/ANALYSIS: Due to the continued impact of the COVID-19 pandemic, the California Legislature passed AB 361, which authorizes a local agency to use teleconferencing without complying with certain teleconferencing requirements imposed by the Brown Act when: (1) the legislative body of a local agency holds a meeting during a declared state of emergency; (2) when state or local health officials have imposed or recommended measures to promote social distancing; and/or (3) when a local agency has determined that meeting in person would present imminent risks to the health or safety of attendees. The City Council first utilized the provisions of AB 361 on November 16, 2021. In order to continue to have the ability to use the modified teleconferencing options, AB 361 requires that the City Council re-affirm its findings every 30 days. Conditions under which AB 361 may be utilized continue to exist as described in the attached Resolution (Attachment 1). 5.4 Packet Pg. 47 The City Council is currently going beyond what the Brown Act requires by holding meetings in person and by way of teleconference and allowing the public to participate in both forums. The provisions of AB 361 allowing the modified teleconferencing will expire January 1, 2024. LEGAL REVIEW: The City Attorney has reviewed and approved the Resolution as to form. PREPARED BY: REVIEWED BY: Attachments: 1. 5.4.a Resolution No. 2022-55 AB361 Cont 5.4 Packet Pg. 48 RESOLUTION NO. 2022-55 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, MAKING SPECIFIED FINDINGS RELATING TO THE USE OF TELECONFERENCING IN ACCORDANCE WITH ASSEMBLY BILL 361 FOR MEETINGS OF THE DIAMOND BAR CITY COUNCIL AND OTHER CITY COMMISSIONS AND COMMITTEES SUBJECT TO STATE OPEN MEETING LAWS. WHEREAS, on March 4, 2020, California Governor Newsom declared a State of Emergency in response to the COVID-19 pandemic; and WHEREAS, on March 12, 2020, to address the impacts of COVID-19, Governor Newsom issued Executive Orders that required, among other things, residents of California to follow orders and guidance of local public health officials, including social distancing and masking requirements; and WHEREAS, existing California law, the Ralph M. Brown Act (“Brown Act”) requires, with specified exceptions, that all meetings of a legislative body of a local agency, as those terms are defined, be open and public, that a physical location for such meetings be provided, and that the public be permitted to provide public comment during the meetings; and WHEREAS, the Brown Act permits members of legislative bodies to teleconference into public meetings subject to certain conditions, including that the place from which the member teleconferences be open to the public, that an agenda be posted on the site, and that the teleconference location be noticed in the agenda; and WHEREAS, in recognition that such public gatherings at such meetings could accelerate the spread of COVID-19, Governor Newsom’s Executive Orders suspended, among others, these Brown Act teleconferencing requirements to provide local agencies with greater flexibility to hold meetings via teleconferencing safely; and WHEREAS, pursuant to the Emergency Services Act (Government Code sections 8550 et seq.), and Chapter 8.00 of Title 8 of the Diamond Bar Municipal Code, the City Council of the City of Diamond Bar has proclaimed the continued existence of a local emergency resulting from the COVID-19 pandemic; and WHEREAS, as of September 30, 2021, the Governor’s Executive Order suspending the Brown Act’s teleconferencing requirements expired; and WHEREAS, on September 16, 2021, Governor Newsom signed Assembly Bill 361, which authorizes a local agency to continue to use teleconferencing without complying with certain teleconferencing requirements imposed by the Brown Act when: (1) the legislative body of a local agency holds a meeting during a declared state of emergency; (2) when state or local health officials have imposed or recommended measures to 5.4.a Packet Pg. 49 Resolution No. 2022-55 2 promote social distancing; and/or (3) when a local agency has determined that meeting in person would present imminent risks to the health or safety of attendees; and WHEREAS, both Los Angeles County and state health officials continue to recommend social distancing due community spread of COVID-19; and WHEREAS, The Diamond Bar City Council first utilized the provisions authorized by AB 361 on November 16, 2021 and subsequently adopted Resolution Nos. 2021-54, 2021-55, 2022-01, 2022-06, 2022-12, 2022-14, 2022-19, 2022-23, 2022-28, 2022-34, 2022-42, 2022-45, 2022-47, 2022-48 and 2022-54 re-affirming its continued use; and WHEREAS, the Diamond Bar City Council must approve a Resolution reaffirming that the requirements set forth in Assembly Bill 361 exist every 30 days in order to allow members of its legislative bodies to utilize the provisions of Assembly Bill 361 when attending public meetings via teleconferencing; and WHEREAS, notwithstanding that the City’s legislative bodies, as defined by the Brown Act, are now holding modified public meetings in person, there may be situations in which a member of one of these legislative bodies decides not to attend in person due to a particular health or safety risk posed by such attendance and as such, it is the City Council’s desire to permit members of its legislative bodies to attend by way of teleconference pursuant to Assembly Bill 361 due to health and safety concerns associated with COVID-19. NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Diamond Bar as follows: 1. That the above recitals are true and correct. and based thereon, that the spread and potential further spread of COVID-19 continues to pose an imminent risk to the public health and safety. 2. That a state of emergency due to the COVID-19 pandemic continues to exist and at the time that this Resolution was adopted both Los Angeles County and State health officials are recommending social distancing to slow the spread of COVID-19. 3. That meeting in person may pose an imminent risk to the health and safety of some attendees, including members of the City’s legislative bodies, who due to age, health conditions, or vaccination status, have a higher risk of contracting COVID-19 and are more likely to get severely ill and in some cases, die from COVID-19. 4. That during the effective period of this Resolution and any reaffirmation thereof, members of the legislative bodies of the City of Diamond Bar may participate in meetings subject to the Brown Act by way of teleconference in accordance with Assembly Bill 361. 5.4.a Packet Pg. 50 Resolution No. 2022-55 3 5. That meetings shall be held in accordance with AB 361 by, among other things, providing notice to the public how it can access the meeting and provide public comment, providing an opportunity for the public to attend via a call-in or an internet-based service option, conducting the meeting in a manner which protects the statutory and constitutional rights of the public, and stopping the meeting until public access is restored in the event of a service disruption. IT IS FURTHER RESOLVED that this Resolution is effective for 30 days from its adoption date and must be affirmed/acknowledged every 30 days by the City Council of the City of Diamond Bar in order for the provisions of Assembly Bill 361 to continue to apply to teleconferencing by members of the legislative bodies of the City of Diamond Bar. PASSED, APPROVED AND ADOPTED this 15th day of November, 2022. CITY OF DIAMOND BAR ___________________________ Ruth M. Low, Mayor ATTEST: I, Kristina Santana, City Clerk for the City of Diamond Bar, hereby certify that the foregoing resolution was duly passed, approved and adopted by the City Council of the City of Diamond Bar at a Regular meeting held on the 15th day of November, 2022, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ___________________________ Kristina Santana, City Clerk 5.4.a Packet Pg. 51 Agenda #: 5.5 Meeting Date: November 15, 2022 TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager TITLE: AMENDMENT TO THE CITY OF DIAMOND BAR FRINGE BENEFITS FOR FY 2022-2023. STRATEGIC GOAL: Open, Engaged & Responsive Government RECOMMENDATION: Adopt Resolution No. 2022-56 Amending City of Diamond Bar Fringe Benefits for FY 2022-23. FINANCIAL IMPACT: The cost to implement the $100 per month benefit allotment increase is approximately $45,675 for the remainder of FY 2022/23. These costs can be paid for with existing budgeted resources for FY 2022/23 due to salary savings from vacant positions. BACKGROUND: Through the City Council’s adopted Strategic Plan, the prioritization of high-performing staff was identified as one of the key objectives. In order to carry out the Council’s vision of that objective, an “Employer of Choice” (EOC) initiative was developed by City staff. The EOC initiative is a broad framework of policies, programs and approaches that will make the City of Diamond Bar a desirable employer to work for in the public sector. One such foundational philosophy of the EOC initiative is to attract and retain top employee talent. In order for the City to be a competitive in the job market, it must evaluate its compensation and benefits package from time to time. Each year, the City Council adopts the Compensation and Benefits Plan for the fiscal year which includes employee positions, salary ranges and benefits during the annual budget adoption process. This process typically takes place in June of every year. During this fiscal year’s budget review process, there were questions raised whether or not the City provided monthly benefit allotment was sufficient given recent increases to healthcare premiums. At that time, City staff could not respond to what the 2023 5.5 Packet Pg. 52 healthcare rates would be since the City’s benefits open enrollment process takes place between September – October of each year. It is during the benefits open enrollment period that the healthcare premium rates for medical, dental and vision insurance are made available to benefit participants for the following calendar starting January 1st. Although rates are effective January 1st of every year, participants pre-pay one month ahead for their healthcare benefits starting in December. ANALYSIS: The healthcare premiums are made up of three insurances: medical, dental and vision. Benefit plan participants can choose from a variety of healthcare maintenance organizations (HMO) or preferred provider organizations (PPO) for both medical and dental insurance for themselves and eligible dependents. For vision insurance, there is only one option which has a broad provider network for plan participants. Over the years, dental and vision insurance rate increases have been very minimal. In fact, dental and vision premiums have not gone up over the last five years. However, monthly premiums for medical insurances have seen an approximate 47% increase in the past nine years which is consistent with national trends. Since 2014, the medical premiums have risen on average approximately $456 per month across all plan designs (both HMO’s and PPO’s) and coverage levels when compared to the 2023 rates. The City’s benefit allotment increased from $1,120 in July 2014 to $1,470 in July 2022 for non-exempt employees and $1,150 to $1,500 respectively for exempt and City Council Members. This represents a $350 per month increase during that time period. This analysis reveals an approximate difference of $106 per month between the given benefit allotment and healthcare premiums. There are two reasons why the City has fallen behind the average increase. The first reason can simply be attributed to timing. The City operates its annual budget on a fiscal year period commencing July 1st and ending on June 30th of the following year. The City staff typically makes recommendations to the City Council to change the benefit allotment amount in June of every year. By contrast, healthcare rates coincide with a calendar year and rate increases go into effect the following January of each year. City staff typically receive the new rates in early fall for the open enrollment season which takes place between mid-September to mid-October each year, after the budget has been adopted by the City Council. The second reason for the gap is that the City did not recommend any increases to the monthly benefit allotment amount during the FY 2020/21 budget adoption process due to the economic uncertainty of the COVID-19 pandemic. It is recommended that City Council approve a $100 per month increase to the monthly benefit allotment for all benefitted classifications of employment, including executive management positions, and members of the City Council to keep up with corresponding health premium rate increases. A $100 monthly benefit allotment increase would result in full-time non-exempt staff receiving $1,570 and full-time exempt staff and City Council Members receiving $1,600 to be used towards health benefits. City staff is recommending the effective date of the benefit allotment increase be December 1, 2022 since the City pre-pays one month ahead for healthcare insurance premiums. 5.5 Packet Pg. 53 LEGAL REVIEW: The City Attorney has reviewed and approved the Resolution as to form. PREPARED BY: REVIEWED BY: Attachments: 1. 5.5.a Resolution No. 2022-56 2. 5.5.b “Exhibit A” Benefits Plan effective December 1, 2022 5.5 Packet Pg. 54 Resolution No. 2022-56 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING CITY OF DIAMOND BAR FRINGE BENEFITS FOR FY 2022-2023 WHEREAS, the City Council of the City of Diamond Bar adopted and amended the City of Diamond Bar Compensation and Fringe Benefits Plan (hereafter, the “Plan”) by adoption of Resolution No. 2022-32, which became effective July 2, 2022; and WHEREAS, the City Council of the City of Diamond Bar has approved and adopted the annual budget for Fiscal Year 2022-2023; and WHEREAS, the City Council of the City of Diamond Bar desires to include an increase of $100 per month to the benefit allotment for all benefited classifications of employment including all executive positions (Department Heads, Assistant City Manager and City Manager) and City Council Members that may be used to purchase health coverage or placed into retirement plans. NOW, THEREFORE BE IT RESOLVED, the City Council of the City of Diamond Bar, does hereby adopt resolve as follows: Section 1. The Compensation and Benefits Plan adopted by Resolution 2022- 32 is hereby amended to replaced Schedule G in its entirety with the Benefits Plan attached hereto as Exhibit A, which shall be effective as of December 1, 2022. PASSED, APPROVED AND ADOPTED this 15th day of November 2022. CITY OF DIAMOND BAR ___________________________ Ruth M. Low, Mayor ATTEST: I, KRISTINA SANTANA, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at a regular meeting of the City Council of the City of Diamond Bar held on the 15th day of November 2022, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: __________________________ Kristina Santana, City Clerk Attachment: “Exhibit A” Benefits Plan effective December 1, 2022 5.5.a Packet Pg. 55 Schedule G Effective 12/1/2022 Approved by City Council 11/15/2022 1 CITY OF DIAMOND BAR FY 2022-2023 BENEFITS Benefits Paid By Eligibility Details Benefit Allotment City Paid Designated Officials, Regular Full-Time and Regular Part- Time employees upon hire. A monthly allotment of $1,570 (pro-rated for regular part-time employees) which can be applied to selected benefit options. a) Members of the City Council, Executive Management and employees defined as full-time exempt receive $1,600 per month. b) Premiums for selected benefits options are paid from the monthly benefit allotment. The total of all premiums for selected benefits that exceed the monthly health benefit allotment are paid at the employees’ expense as a bi- weekly pre-taxed payroll deduction. c) Employees who are not encumbering their entire benefit allotment will have those funds applied to a Section 457 deferred compensation plan offered through ICMA-RC. Health Benefit Allotment Designated officials, Regular Full-Time and Regular Part- Time employees upon hire or during the annual open enrollment period. Health coverage offered through the California Public Employees’ Retirement System (CalPERS). Employees may select from available HMO and PPO plan options. Premiums vary depending on the health plan selected. If health coverage is selected, the premium is deducted from the monthly benefit allotment. Dental City Paid*/ Benefit Allotment Designated Officials, Regular Full-Time and Regular Part- Time employees upon hire or during the annual open enrollment period. Two dental plans are available (Delta Care Prepaid or Delta Dental DPO) to Designated Officials, Regular Full-Time and Regular Part-Time employees and their eligible dependents. *The City pays for employee coverage. If dependent coverage is selected, the additional premium is deducted from the monthly benefit allotment. Delta Care Delta Care is a pre-paid dental plan, which offers affordable HMO coverage. This option provides orthodontics coverage. Delta Dental Delta Dental is Delta’s Preferred Option (DPO) plan, which allows visits to any dentist of choice. The program provides the maximum benefit when using a DPO dentist. DPO dentists are Delta dentists who have agreed to charge DPO patients reduced fees. Vision City Paid*/ Benefit Allotment Designated Officials, Regular Full-Time and Regular Part- Time employees upon hire or during the annual open enrollment period. *The City pays for employee coverage. If dependent coverage is selected, the premium is deducted from the monthly benefit allotment. Vision Services Plan (VSP) network provides exams, prescription glasses, contact lenses, and a second pair of glasses each year. Co-pays apply. Life/ ADD Insurance City Paid Designated Officials, Regular Full-Time and Regular Part- Time employees upon hire. Life Insurance and Accidental Death & Dismemberment (ADD) Insurance provided to all Designated Officials ($50,000 benefit); Executive Management ($200,000); Exempt Mgt. ($150,000); and Regular Full-Time and Regular Part- Time employees ($75,000 benefit). EXHIBIT "A"5.5.b Packet Pg. 56 Schedule G Effective 12/1/2022 Approved by City Council 11/15/2022 2 Supplemental Life Insurance Employee Paid through the Benefit Allotment Designated Officials, Regular Full-Time and Regular Part- Time employees upon hire. This is an optional benefit. If Supplemental Life Insurance is selected, the premium is deducted from the monthly benefit allotment. Supplemental insurance is purchased in increments of $10,000 up to $300,000. A spouse is eligible up to half the amount selected by the employee in increments of $10,000. The cost for each $10,000 of coverage is based on age. State Disability Insurance (SDI) Employee Paid through mandatory payroll deduction Regular Full-Time, Regular Part-Time, Part-Time/seasonal, and intermittent employees upon hire. This benefit provides affordable, worker-funded benefits to eligible workers suffering a full or partial loss of wages due to disabilities which are not work related for up to 12 months. Disability also includes elective surgery and disabilities related to pregnancy or childbirth. Short-term & Long-term Disability (STD/LTD) City Paid Regular Full-Time and Regular Part- Time employees upon hire. This benefit provides income replacement in the event of a covered disability at 60% of salary up to a maximum of $1500 per week. Retirement City/ Employee Designated Officials, Regular Full-Time and Regular Part- Time employees upon hire. A comprehensive retirement through the Public Employees’ Retirement System (CalPERS). Regular Full-Time and Regular Part-Time employees of the City are automatically enrolled as a member of CalPERS and thus DO NOT participate in Social Security. To become vested in CalPERS an employee must be a member for a minimum of five (5) years. Current employees and employees hired after January 1, 2013 who are existing CalPERS members or a member of an agency with reciprocity with the City of Diamond Bar will be enrolled in the 2% @ 55 retirement benefit formula. Employees hired after January 1, 2013 who have never been a CalPERS member, or is a member of a retirement system (CalPERS) reciprocal but has a break in service longer than six months will be enrolled in the 2% @ 62 retirement benefit formula. Employees in this formula will contribute half of the normal benefit cost for this retirement benefit. Retirement Benefit for Designated Officials Ineligible for CalPERS City Paid (Contribution into City sponsored 457 Deferred Comp. Plan in amount equal to current CalPERS Emp. rate.) Designated Officials that are retired from CalPERS at time of election into office OR retire from CalPERS during term in office. City contribution to the Designated Official’s City sponsored 457 Deferred Compensation plan (ICMA-RC). The monthly contribution will be equal to the City’s current CalPERS rate of contribution for Employee only. (Such Designated Officials would not be eligible for CalPERS retirement benefits as CalPERS law prohibits re-enrollment after retirement.) Retirement- Deferred Compensation Employee mandatory payroll deduction. Part-Time/Seasonal and Intermittent employees upon hire. A minimum employee contribution rate of 7.5% pre-tax of wages to a City sponsored 457 Deferred Compensation plan (ICMA-RC). 1959 Survivor Benefit City/ Employee, through Benefit Allotment Designated Officials, Regular Full-Time and Regular Part- Time employees upon hire. This benefit, provided through CalPERS Retirement, is paid along with other death benefits, whether or not the employee was eligible to retire at the time of their death. The monthly benefit amount formula depends on the number of eligible survivors. 5.5.b Packet Pg. 57 Schedule G Effective 12/1/2022 Approved by City Council 11/15/2022 3 Employee Assistance Program (EAP) City Paid Designated Officials, Regular Full-Time and Regular Part- Time employees upon hire. Face-to-face assessment, treatment, and follow-up to help resolve a broad range of personal, work, and family problems. Employees and eligible family members can receive up to 5-sessions per incident with professional counselors for early intervention and treatment. Section 125 Cafeteria Plans/ Reimbursement Accounts Employee Paid Designated Officials, Regular Full-Time and Regular Part- Time employees upon hire. This is an optional benefit. At the beginning of the plan year, each participating employee selects an amount up to the maximum set by the City for each plan. The amount selected is calculated into a bi-weekly, pre-taxed payroll deduction. Healthcare Flexible Spending Account- Also known as a Healthcare Reimbursement Account, the employee may designate pre-tax dollars, up to a maximum of $2,500 per calendar year for out-of-pocket healthcare expenses not covered by their medical, dental, or vision insurance plans. Dependent Care Flexible Spending Account- Also known as a Day Care or Childcare Reimbursement Account, the designated pre-tax dollars, up to a maximum of $5,000 per household- per calendar year, must be related to expenses which are for dependent care that enables the employee to remain gainfully employed. COBRA Employee Paid Designated Officials, Regular Full-Time and Regular Part- Time employees, enrolled in qualifying health, dental, vision, and EAP plans. The Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) provides for the continuation of health care coverage to certain employees who terminated employment and beneficiaries of employees who die, become disabled or are divorced. Employees become eligible for continued coverage upon termination of service, whether voluntary or not (other than termination for gross misconduct), retirement or reduction in hours worked. For these employees and their dependents, continued coverage is available for the time period set forth by law, at their expense. Medicare City/ Employee, through mandatory payroll deduction Designated Officials, Regular Full-Time and all Part-Time employees upon hire. Pursuant to Revenue Billing 86-68 of the Internal Revenue Code, all employees hired after March 31, 1987 has 1.45 percent of their base salary deducted from their paycheck to be paid to Medicare. The City matches the 1.45 percent as mandated by law. Deferred Compensation Employee Paid Designated Officials, Regular Full-Time, Regular Part-Time and Temporary Part- Time employees upon hire. A Section 457 deferred compensation plan is made available through the International City Management Association (ICMA-RC) Retirement Corporation. Employees not encumbering their entire health benefit allotment will have those excess funds deferred into this plan. Employees may also elect to have additional contributions at their expense as a pre-taxed payroll deduction. Total deferral contributions 5.5.b Packet Pg. 58 Schedule G Effective 12/1/2022 Approved by City Council 11/15/2022 4 are not to exceed limits under Section 457 of the Internal Revenue Code. Temporary Part-Time employees are required to contribute 7.5% of their pre-tax salary to a deferred compensation account in lieu of participating in Social Security. Automobile Allowance City Paid Designated Officials, Executive Mgt. and Exempt Mgt. upon hire. A monthly car allowance of $120 for Exempt Management, $250 for Executive Management and $300 for City Council Members in lieu of mileage reimbursement. Tuition Reimbursement City Paid Regular Full-Time and Regular Part- Time employees upon hire. Full-time and regular part-time (on a pro-rated basis) employees are eligible to receive reimbursement in the amount of $1500 per fiscal year, for college-level or university-level educational courses. Personal Computer Loan Program Employee Paid Regular Full-Time and Regular Part- Time employees upon hire. Interest-free loans between $250 and $2,500 for the purpose of financing a personal computer, a printer, and/or City- compatible software are available to eligible employees so they can learn and gain experience by working with a personal computer away from the office and outside of regular business hours. An employee may purchase a more expensive system, but he/she must pay the balance over $2,500. The loan covers 90% of the total price of the equipment/software being purchased. The employee pays the remaining 10% of the purchase price at the time of purchase. Loans are made on a first-come, first-served basis based on available funds. Once the money for the employee loans has been obligated, the fund will be replenished through payroll deductions from outstanding loans. New loans will then be made as funds become available. Loans will be for a maximum term of 24 months and will be repaid through payroll deductions on a biweekly basis. Technology Stipend City Paid Executive Mgt., Exempt Mgt., and full-time staff based on emergency response responsibilities. Executive and Exempt Management are eligible to receive a monthly stipend of $100 as a reimbursement for the purchase and maintenance of personal cell phones, tablets, laptops, printers, and/or phone/internet service in order to conduct City business and to respond in emergency situations. Designated key full-time staff that are required to respond in emergency situations will be eligible for a $50 stipend on a monthly basis. 5.5.b Packet Pg. 59 Agenda #: 5.6 Meeting Date: November 15, 2022 TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager TITLE: GENERAL FUND BUDGET ADJUSTMENT FOR RECREATION CONTRACT SERVICES. STRATEGIC GOAL: Responsible Stewardship of Public Resources RECOMMENDATION: A. Appropriate $115,000 from the General Fund (Fund 100) to Recreation Contract Classes (100520-55320); and B. Approve an increase to General Fund budgeted revenues for Recreation Contract Classes in the amount of $172,500 (100-48340). FINANCIAL IMPACT: Total Fiscal Year 2022-23 recreation contract class expenses are expected to increase from the Adopted Budget amount of $177,000 to $292,000; therefore, an increase to the budgeted appropriation for Recreation Contract Classes (100520-55320) in the amount of $115,000 is necessary. Funding for this appropriation is received through a portion of contract class participant fees. Total Fiscal Year 2022-23 recreation contract class revenues are expected to increase from the Adopted Budget amount of $277,500 to $450,000; therefore, an increase to budgeted revenues for Recreation Contract Classes (100-48340) in the amount of $172,500 is necessary. If approved, these budget adjustments are expected to increase the General Fund’s fund balance by $57,500. BACKGROUND/DISCUSSION: The City Council approved the contract class budget as part of the regular budget process. Since the beginning of the Fiscal Year 2022-23, City staff has seen an increase in participation for fee-based contract classes across the board with a marked increase in tennis instruction and outdoor class enrollment. This increase is attributed to a strong return from the pandemic decline, high quality instructors, and families exhibiting a willingness to rejoin public programs. As of October 31, 2022 over 65% of the Fiscal Year 2022-23 revenue goal for contract classes had been achieved, with 5.6 Packet Pg. 60 eight months left in the fiscal year. PREPARED BY: REVIEWED BY: 5.6 Packet Pg. 61 Agenda #: 5.7 Meeting Date: November 15, 2022 TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager TITLE: AWARD OF CONSTRUCTION AGREEMENT TO YUNEX LLC FOR THE LED ILLUMINATED STREET NAME SIGN AND HIGHWAY SAFETY LIGHT REPLACEMENT PROJECT (CIP # TM23201). STRATEGIC GOAL: Safe, Sustainable & Healthy Community RECOMMENDATION: A. Determine that the proposed project is Categorically Exempt (Class 2) from the California Environmental Quality Act pursuant to section 15302 of the CEQA Guidelines; B. Approve, and authorize the Mayor to sign a Construction Agreement with Yunex LLC, in the amount of $967,795, plus a contingency amount of $48,390 for contract change orders, if any, to be approved by the City Manager, for a total authorization amount of $1,016,185; and C. Appropriate $176,200 from the Measure M Fund (Fund 203) Fund Balance to the CIP Fund (Fund 301) for Project #TM23201. FINANCIAL IMPACT: The City Council allocated $840,000 in Measure M and Gas Tax Funds for this Project (CIP No. TM23201) as part of the FY 2022/23 CIP Budget. Due to the recent increases in procurement and installation costs, the negotiated cost of the Project is $967,795, which is $127,795 over the approved project budget in FY 2022/23 CIP. An appropriation of $176,200 from the Measure M Fund is therefore requested to cover the full cost of the contract and a 5% contingency. The contract as proposed will cost $967,795 and the proposed contingency amount of $48,390 will only be used in the event of unforeseen circumstances that will warrant a contract change order. 5.7 Packet Pg. 62 LED Illuminated Street Name Sign and Highway Safety Light Replacement CIP # TM23201 Budget Encumbrance/ Expenses Balance Approved: Measure M $390,000 $390,000 Approved: Gas Tax $450,000 $840,000 New Request: Measure M $176,200 $1,016,200 Contract Amount ($967,795) $48,405 Contingency (5% of Contract Amount) ($48,390) $15 Balance $15 BACKGROUND: The Public Works Department maintains the existing Internally Illuminated Street Name Signs (IISNS) and Traffic Signal Safety Lights (TSSL) found at all of the signalized intersections citywide. However, after more than fifteen years of daily use, and also the limited availability of fluorescent bulbs, much of this infrastructure has reached the end of its useful life and needs replacement. This Project as proposed in the City Fiscal Year 2022/23 CIP will replace all of the existing IISNSs and regular TSSLs, with hardware featuring light-emitting diode (LED) lighting technology. The bell-shaped decorative TSSLs that were replaced as part of the streetscape beautification projects in the past few years are not included in the Project as those TSSLs feature either an older LED technology or in more recent installations use the current LED technology. Diamond Bar Municipal Code Section 10.08.010 authorizes the City Council to determine and designate the character of all official warning, regulatory, and direction signs other than those signs for which specifications are established by the Vehicle Code. That authority includes modifying the appearance of street name signs. Furthermore, the City is committed to enhancing the overall streetscape design elements, like visual and directional cues, in alignment with the strategic goals outlined in the Community Character and Placemaking Chapter of the Diamond Bar General Plan 2040. DISCUSSION: There are sixty-six (66) interconnected signalized intersections that are maintained and operated by the City of Diamond Bar. There are two hundred twenty-nine (229) IISNSs that will be procured and installed as part of this Project. Each IISNS housing assembly features front-and-back street name sign panels, which means that there are four hundred fifty-eight (458) panels to be manufactured and installed with the new design 5.7 Packet Pg. 63 and sign hardware. There are three hundred seven (307) existing TSSLs that will be replaced/upgraded as part of this Project. Additionally, there are two (2) existing signalized intersections that do not feature any sign hardware: Sprouts/CVS driveway on Diamond Bar Boulevard and the Plaza at Diamond Creek on Golden Springs Drive. State law (CVC § 21366) requires the City to install street name signs at all signal- controlled intersections. Therefore, as part of this Project, the following new illuminated street name signs will be installed as follows: Traffic Signal at the Sprouts/CVS driveway on Diamond Bar Boulevard: • NB/SB Signs: “Diamond Bar Blvd” • EB/WB Signs: “Town Center” Traffic Signal at the Plaza at Diamond Creek on Golden Springs Drive: • NB/SB Signs: “Diamond Creek” • EB/WB Sign: “Golden Springs Dr” The proposed new IISNSs will have an updated design to reflect the City’s current streetscape theme and palette, including the replacement of the City seal with the windmill logo, a white Highway Gothic typeface, over a standard green background. Attachment 3 shows several samples of the illuminated street name sign panel design. On September 1, 2022, the Public Works Department released a Request for Proposals (RFP) for the Project through the City’s online bidding platform (PlanetBids). On October 6, 2022, five (5) bid proposals were received. One bid was determined to be non-responsive to the City’s specifications per the RFP, and the four responsive bids are as follows: Firm Price Yunex LLC $967,795 Recommended Crosstown Electrical & Data, Inc. $1,249,973 PTM General Engineering Services, Inc. $1,523,023 California Professional Engineering, Inc. $1,919,060 Staff evaluated all of the proposals and determined Yunex LLC (“Yunex Traffic”) to be the lowest responsible bidder, with a negotiated cost of $967,795 for all bid items. A short form of the bid submitted by Yunex Traffic is provided in Attachment 2. A copy of the full proposal can be obtained from the Public Works Department. Yunex Traffic holds a valid State of California contractor’s license and has recently performed similar work in nearby communities, like the City of Chino, City of Norco, City of Huntington Beach, City of Santa Ana, and several other municipalities throughout Southern California. Furthermore, Yunex Traffic (formerly SIEMENS) continues to serve as the City of Diamond Bar’s on-call traffic signal maintenance contractor for more than twenty years. 5.7 Packet Pg. 64 A tentative Schedule of the Project is set as follows: • Award of Contract November 15, 2022 • Notice to Proceed November 2022 • Construction Start January 2023 • Notice of Completion June 2023 Yunex will phase the work at each intersection to minimize any traffic impacts. CEQA Determination The proposed project is Categorically Exempt (Class 2) from the California Environmental Quality Act pursuant to section 15302 of the CEQA Guidelines. Class 2 exemptions include replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site and have substantially the same purpose and capacity. The project will replace existing illuminated street name signs and traffic safety lights at existing signalized intersections throughout the city and therefore qualifies for a Class 2 exemption. LEGAL REVIEW: The City Attorney has reviewed and approved the Agreement as to form. PREPARED BY: REVIEWED BY: Attachments: 5.7 Packet Pg. 65 1. 5.7.a Construction Agreement with Yunex LLC 2. 5.7.b Yunex LLC's Bid Proposal - Short Form 3. 5.7.c Street Name Sign Design Samples 5.7 Packet Pg. 66 1 of 10 AGREEMENT The following agreement (“AGREEMENT”) is made and entered into, in duplicate, as of the date executed by the Mayor and attested to by the City Clerk, by and between Yunex LLC hereinafter referred to as the "CONTRACTOR" and the City of Diamond Bar, California, hereinafter referred to as "CITY." WHEREAS, pursuant to Notice Inviting Sealed Bids, bids were received, publicly opened, and declared on the date specified in the notice; and WHEREAS, City did accept the bid of CONTRACTOR Yunex LLC and; WHEREAS, City has authorized the Mayor to execute a written contract with CONTRACTOR for furnishing labor, equipment and material for the LED ILLUMINATED STREET NAME SIGN AND HIGHWAY SAFETY LIGHT REPLACEMENT in the City of Diamond Bar. NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is agreed: 1. GENERAL SCOPE OF WORK: CONTRACTOR shall furnish all necessary labor, tools, materials, appliances, and equipment for and do the work for the LED ILLUMINATED STREET NAME SIGN AND HIGHWAY SAFETY LIGHT REPLACEMENT in the City of Diamond Bar. The work to be performed in accordance with the plans and specifications, dated September 1, 2022 (The Plans and Specifications) on file in the office of the City Clerk and in accordance with bid prices hereinafter mentioned and in accordance with the instructions of the City Engineer. 2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY: The Plans and Specifications are incorporated herein by reference and made a part hereof with like force and effect as if set forth in full herein. The Plans and Specifications, CONTRACTOR'S Bid dated November 1, 2022, together with this written AGREEMENT, shall constitute the contract between the parties. This contract is intended to require a complete and finished piece of work and anything necessary to complete the work properly and in accordance with the law and lawful governmental regulations shall be performed by the CONTRACTOR whether set out specifically in the contract or not. Should it be ascertained that any inconsistency exists between the aforesaid documents and this AGREEMENT, the following order of precedence shall apply: (1) This AGREEMENT; (2) The Plans and Specifications; and (3) Contractor's Bid. 3. COMPENSATION: CONTRACTOR agrees to receive and accept the prices set forth in its Bid Proposal as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Said compensation in the amount of NINE HUNDRED SIXTY SEVEN THOUSAND, SEVEN HUNDRED NINETY-FIVE DOLLARS AND ZERO CENTS ($967,795.00) shall cover all expenses, losses, damages, and consequences arising out of the nature of the work during its progress or prior to its 5.7.a Packet Pg. 67 2 of 10 acceptance including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the aforesaid contract documents; and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work. 4. TERM OF CONTRACT: The CONTRACTOR agrees to complete the work within TWO HUNDRED FIFTEEN (215) calendar days from the date of the notice to proceed. The CONTRACTOR agrees further to the assessmen t of liquidated damages in the amount of one thousand ($1,000.00) dollars for each calendar day the work remains incomplete beyond the expiration of the completion date. City may deduct the amount thereof from any monies due or that may become due the CON TRACTOR under this agreement. Progress payments made after the scheduled date of completion shall not constitute a waiver of liquidated damages. 5. INSURANCE: The CONTRACTOR shall not commence work under this contract until he has obtained all insuranc e required hereunder in a company or companies acceptable to City nor shall the CONTRACTOR allow any subcontractor to commence work on his subcontract until all insurance required of the subcontractor has been obtained. The CONTRACTOR shall take out and maintain at all times during the life of this contract the following policies of insurance: a. Workers' Compensation Insurance: Before beginning work, the CONTRACTOR shall furnish to the City a certificate of insurance as proof that he has taken out full workers' compensation insurance for all persons whom he may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. Such insurance shall be maintained in full force and effect during the period covered by this contract. In accordance with the provisions of Section 3700 of the California Labor Code, every CONTRACTOR shall secure the payment of compensation to his employees. The CONTRACTOR, prior to commencing work, shall sign and file with the City a certification as follows: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of work of this contract." 5.7.a Packet Pg. 68 3 of 10 b. For all operations of the CONTRACTOR or any sub-contractor in performing the work provided for herein, insurance with the following minimum limits and coverage: 1) Public Liability - Bodily Injury (not auto) $1,000,000 each person; $2,000,000 each accident. 2) Public Liability - Property Damage (not auto) $500,000 each person; $1,000,000 aggregate. 3) CONTRACTOR'S Protective - Bodily Injury $1,000,000 each person; $2,000,000 each accident. 4) CONTRACTOR'S Protective - Property Damage $500,000 each accident; $1,000,000 aggregate. 5) Automobile - Bodily Injury $1,000,000 each person; $2,000,000 each accident. 6) Automobile - Property Damage $500,000 each accident. c. Each such policy of insurance provided for in paragraph b. shall: 1) Be issued by an insurance company approved in writing by City, which is authorized to do business in the State of California. 2) Name as additional insured the City of Diamond Bar, its officers, agents and employees, and any other parties specified in the bid documents to be so included; 3) Specify it acts as primary insurance and that no insurance held or owned by the designated additional insured shall be called upon to cover a loss under the policy; 4) Contain a clause substantially in the following words: "It is hereby understood and agreed that this policy may not be canceled nor the amount of the coverage thereof reduced until thirty (30) days after receipt by City of a written notice of such cancellation or reduction of coverage as evidenced by receipt of a registered letter." 5) Otherwise be in form satisfactory to the City. 5.7.a Packet Pg. 69 4 of 10 d. The policy of insurance provided for in subparagraph a. shall contain an endorsement which: 1) Waives all right of subrogation against all persons and entities specified in subparagraph 4.c.(2) hereof to be listed as additional insured in the policy of insurance provided for in paragraph b. by reason of any claim arising out of or connected with the operations of CONTRACTOR or any subcontractor in performing the work provided for herein; 2) Provides it shall not be canceled or altered without thirty (30) days' written notice thereof given to City by registered mail. e. The CONTRACTOR shall, within ten (10) days from the date of the notice of award of the Contract, deliver to the City Manager or his designee the original policies of insurance required in paragraphs a. and b. hereof, or deliver to the City Manager or his designee a certificate of the insurance company, showing the issuance of such insurance, and the additional insured and other provisions required herein. 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 Owner (as the named insured) should Owner fail to pay the SIR or deductible requirements. The amount of the SIR or deductible shall be subject to the approval of the City Attorney and the Finance Director. Owner understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by Owner as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should City pay the SIR or deductible on Owner’s behalf upon the Owner’s failure or refusal to do so 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 Owner for breach of this Agreement in addition to any other damages incurred by City due to the breach. 6. PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the CONTRACTOR is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public works is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the Office of the 5.7.a Packet Pg. 70 5 of 10 City Clerk of the City of Diamond Bar, 21810 Copley Drive, Diamond Bar, California, and are available to any interested party on request. City also shall cause a copy of such determinations to be posted at the job site. The CONTRACTOR shall forfeit, as penalty to City, not more than twenty- five dollars ($25.00) for each laborer, workman or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general prevailing rate of wages hereinbefore stipulated for any work done under this Agreement, by him or by any subcontractor under him. 7. APPRENTICESHIP EMPLOYMENT: In accordance with the provisions of Section 1777.5 of the Labor Code, and in accordance with the regulations of the California Apprenticeship Council, properly indentured apprentices may be employed i n the performance of the work. The CONTRACTOR is required to make contribution to funds established for the administrative of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeship trade on such contracts and if other CONTRACTOR'S on the public works site are making such contributions. The CONTRACTOR and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex -officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. 8. LEGAL HOURS OF WORK: Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract, and the CONTRACTOR and any sub-contractor under him shall comply with and be governed by the laws of the State of California having to do with working hours set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. The CONTRACTOR shall forfeit, as a penalty to City, twenty -five dollars ($25.00) for each laborer, workman or mechanic employed in the execution of the contract, by him or any sub- CONTRACTOR under him, upon any of the work hereinbefore mentioned, for each calendar day during which the laborer, workman or mechanic is required or permitted to labor more than eight (8) hours in violation of the Labor Code. 9. TRAVEL AND SUBSISTENCE PAY: CONTRACTOR agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8. 5.7.a Packet Pg. 71 6 of 10 10. CONTRACTOR'S LIABILITY: The City of Diamond Bar and its officers, agents and employees ("Indemnitees") shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used or employed in performing the work; or for injury or damage to any person or persons, either workers or employees of CONTRACTOR, of its subcontractors or the public, or for damage to adjoining or other property from any cause whatsoever arising out of or in connection with the performance of the work. CONTRACTOR shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever. CONTRACTOR will indemnify Indemnities against and will hold and save Indemnitees harmless from any and all actions, claims, damages to persons or property, penalties, obligations or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or in connection with the work, operation, or activities of CONTRACTOR, its agents, employees, subcontractors or invitees provided for herein, whether or not there is concurrent passive negligence on the part of City. In connection therewith: a. CONTRACTOR will defend any action or actions filed in connection with any such claims, damages, penalties, obligations or liabilities and will pay all costs and expenses, including attorneys' fees, expert fees and costs incurred in connection therewith. b. CONTRACTOR will promptly pay any judgment rendered against CONTRACTOR or Indemnitees covering such claims, damages, penalties, obligations and liabilities arising out of or in connection with such work, operations or activities of CONTRACTOR hereunder, and CONTRACTOR agrees to save and hold the Indemnitees harmless therefrom. c. In the event Indemnitees are made a party to any action or proceeding filed or prosecuted against CONTRACTOR for damages or other claims arising out of or in connection with the work, operation or activities hereunder, CONTRACTOR agrees to pay to Indemnitees and any all costs and expenses incurred by Indemnitees in such action or proceeding together with reasonable attorneys' fees. Contractor's obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of City under any provision of this agreement, Contractor shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where 5.7.a Packet Pg. 72 7 of 10 City active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City. So much of the money due to CONTRACTOR under and by virtue of the contract as shall be considered necessary by City may be retained by City until disposition has been made of such actions or claims for damages as aforesaid. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law. This indemnity is effective without reference to the existence or applicability of any insurance coverage which may have been required under this Agreement or any additional insured endorsements which may extend to Indemnitees. CONTRACTOR, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the CONTRACTOR regardless of any prior, concurrent, or subsequent passive negligence by the Indemnitees. 11. NON-DISCRIMINATION: Pursuant to Labor Code Section 1735, no discrimination shall be made in the employment of persons in the work contemplated by this Agreement because of the race, color or religion of such person. A violation of this section exposes the CONTRACTOR to the penalties provided for in Labor Code Section 1735. 12. PAYMENT FUND: A City Council resolution established a Project Payment Account, encumbered money in the current budget, and assigned that money to the Project Payment Account, which is the sole source of funds ava ilable for payment of the contract sum set forth in Section 3 of this Agreement. CONTRACTOR understands and agrees that CONTRACTOR will be paid only from this special fund and if for any reason this fund is not sufficient to pay CONTRACTOR, CONTRACTOR will not be entitled to payment. The availability of money in this fund, and City's ability to draw from this fund, are conditions precedent to City's obligation to make payments to CONTRACTOR. 13. PRESENTATION OF CLAIMS: Any claim, as that term is defined in Public Contract Code §9204, shall be submitted in accordance with Section 9204 and shall contain a sufficient description of the claim, the basis therefore and documentation in support of the claim. The claim shall be processed as more fully set forth in the Plans and Specifications. 5.7.a Packet Pg. 73 8 of 10 14. TERMINATION: This agreement may be terminated by the City, without cause, upon the giving of a written "Notice of Termination" to CONTRACTOR at least thirty (30) days prior to the date of termination specified in the notice. In the event of such termination, CONTRACTOR shall only be paid for services rendered and expenses necessarily incurred prior to the effective date of termination. State of California Contractor’s License No. _____________________ Contractor’s Business Phone: Contractor’s emergency phone which can be reached at any time: 1080007 A/ C10 (951)784-6600 (800)229-6090 5.7.a Packet Pg. 74 9 of 10 IN WITNESS WHEREOF, the parties hereto have executed this Agreement with all the formalities required by law on the respective dates set forth opposite their signatures. By: __________________________________________ Title: ____________________________________ Date: By: Title: Date: CITY OF DIAMOND BAR, CALIFORNIA By: _____________________________________ RUTH M. LOW, MAYOR __________________________ Date ATTEST: By: _____________________________________ KRISTINA SANTANA, CITY CLERK __________________________ Date APPROVED AS TO FORM: _____________________________________ DAVID A. DEBERRY, CITY ATTORNEY __________________________ Date Steven M. Teal, Director of Service November 8th, 2022 Michael J. Hutchens, Western Operations Manager November 8th, 2022 Digitally signed by Hutchens Michael DN: cn=Hutchens Michael, o=Siemens, email=michael.hutchens@siemens.com Date: 2022.11.08 08:14:15 -08'00' Hutchens Michael Digitally signed by Teal Steven Location: Riverside, CA Date: 2022.11.08 10:00:07 -08'00' 11-8-22 5.7.a Packet Pg. 75 10 of 10 *NOTE: If Contractor is a corporation, the City requires the following signature(s): -- 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. 5.7.a Packet Pg. 76 Mast Arm-Mounted Internally Illuminated Street Name Signs and Traffic Signal Safety Lights for the City of Diamond Bar (TM 23201) October 6, 2022 Yunex Traffic Work Proposal Yunex Traffic 2250 Business Way Riverside, CA 92501 www.yunextraffic.com 5.7.b Packet Pg. 77 Diamond Bar: Mast Arm-Mounted Internally Illuminated Street Name Signs and Traffic Signal Safety Lights (TM 23201) ©2022 Yunex Traffic 2 Table of Contents .................................................................................................................. 2 Cover Letter .......................................................................................................................... 3 The Contractor ...................................................................................................................... 4 Company Background/History ............................................................................................ 5 General Company Information ............................................................................................ 5 Offices and Staff ................................................................................................................ 5 Approach / Key Differentiators ............................................................................................ 6 Contractor’s License/DIR Registration ................................................................................ 8 Personnel and Qualifications .............................................................................................. 9 Field Maintenance Team ............................................................................................... 10 IMSA Certificates .......................................................................................................... 11 Equipment ....................................................................................................................... 12 The Contractor’s Experience ............................................................................................... 13 Recent Relevant Project History (ISNS & Streetlight/Safety Light) .................................... 13 Customer References ...................................................................................................... 14 Proposed sub-consultants / sub-contractors ..................................................................... 14 Project Scope of Work ......................................................................................................... 15 A. Internally Illuminated Street Name Signs ...................................................................... 15 B. Traffic Signal Safety Lights ........................................................................................... 15 Project Schedule .............................................................................................................. 16 Project Timeline ............................................................................................................... 16 Bid Submittal Form (Attachment B) ...................................................................................... 17 Agreement .......................................................................................................................... 19 Statement Certifying Insurance Coverage / Sample Insurance Certificate ............................ 20 W9 ...................................................................................................................................... 21 Bid Bond ............................................................................................................................. 22 Addendum #1 ...................................................................................................................... 27 Temple Edge-Lit IISNS Signs – Cut Sheets .......................................................................... 32 Cooper Streetworks Navion – Cut Sheets ............................................................................ 33 Delegation of Approval Authority .......................................................................................... 42 Table of Contents 5.7.b Packet Pg. 78 5.7.b Packet Pg. 79 ATTACHMENT B 1 of 2 BID SUBMITTAL FORM TOTAL AMOUNT OF BID (IN FIGURES) Total Bid Amount (IN WORDS): __________________________________________ _____________________________________________________________________ Bid Item Qty UOM Sign/Safety Light Hardware Specification Description Unit Price Extended Price 1 EA Illuminated Street Name Sign Assembly (Height TBD) 2 EA Illuminated Street Name Sign Assembly (Height TBD) 3 EA Illuminated Street Name Sign Assembly (Height TBD) 4 EA Street Name Sign Panels (Height TBD) 5 EA Street Name Sign Panels (Height TBD) 6 EA Street Name Sign Panels (Height TBD) 7 EA Double-Sided Under Hang Sign Mounting Hardware 8 1 EA Traffic Signal Davit Arm Extender for Sign Mounting Must be compatible with a Type 29-5- 9 307 EA Traffic Signal Safety Light Hardware 10 LS Mobilization & Demobilization 11 LS Installation of Illuminated Street Name Signs & Safety Lights 12 3 EA Electrical Work for New Sign Installations (per intersection) 13 LS Traffic Control for Illuminated Street Name Signs & Safety Lights $ ___ ___ ___ , ___ ___ ___ . ___ ___ $985.00 $66,980.00 $1,210.00 $148,830.00 $1,325.00 $50,350.00 $435.00 $59,160.00 $485.00 $119,310.00 $525.00 $39,900.00 $585.00 $133,965.00 $3,820.00 $3,820.00 $775.00 $237,925.00 $565.00 $565.00 $96,919.00 $96,919.00 $1,820.00 $5,460.00 $4,611.00 $4,611.00 9 6 7 7 9 5 0 0 Nine Hundred Sixty Seven Thousand, Seven Hundred Ninety Five Dollars, and Zero Cents 5.7.b Packet Pg. 80 2 of 2 NAME OF BIDDER:_____________________________________________________ MAILING ADDRESS:___________________________________________________ CITY/STATE:_______________________________ZIP CODE:_________________ BID CONTACT:_____________________________TITLE:____________________ EMAIL:____________________________________PHONE:___________________ SIGNATURE:____________________________________DATE:_______________ Digitally signed by Hutchens Michael DN: cn=Hutchens Michael, o=Siemens, email=michael.hutchens@siemens.com Date: 2022.11.01 16:10:56 -07'00' Hutchens Michael 5.7.b Packet Pg. 81 ATTACHMENT 1 SHEET 1 OF 1 Street Name Sign Panel Design Template DATE: 9/1/2022PREPARED BY: ND PUBLIC WORKS DEPARTMENT 5.7.c Packet Pg. 82 Agenda #: 5.8 Meeting Date: November 15, 2022 TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager TITLE: APPROVAL OF FINAL PARCEL MAP 82066 AND SUBDIVISION AGREEMENT TO SUBDIVIDE A 5.73-ACRE SITE INTO FOUR (4) FEE SIMPLE COMMERCIAL PARCELS OVERLAYED WITH AN AIRSPACE SUBDIVISION OF 34 CONDOMINIUM UNITS IN A THREE-STORY OFFICE BUILDING LOCATED ON THE EAST SIDE OF BREA CANYON ROAD BETWEEN LYCOMING STREET AND THE SR-60 FREEWAY, KNOWN AS THE BREA CANYON BUSINESS PARK (LYCOMING, LLC) STRATEGIC GOAL: Open, Engaged & Responsive Government RECOMMENDATION: A. Determine that approval of the proposed Final Parcel Map is ministerial and thus is exempt from the California Environmental Quality Act pursuant to Title 14, California Code of Regulations, Section 15268(b)(3); B. Adopt Resolution No. 2022-57 approving Final Parcel Map 82066; and C. Approve, and authorize the Mayor to execute the Subdivision Agreement. FINANCIAL IMPACT: No financial impact. Pursuant to the conditions of approval and proposed Subdivision Agreement, the applicant will be responsible for the construction of all on-site and off- site improvements necessary to serve the development. BACKGROUND: Final Parcel Map 82066 subdivides 5.73 acres into four (4) commercial lots as part of the Brea Canyon Business Park Project (Project) that proposes to build a new commercial development consisting of a 124-room/four-story hotel; a 47,642 square- foot, three-story office building with an associated airspace subdivision to create 34 5.8 Packet Pg. 83 office condominiums; and a 6,500 square-foot multi-tenant retail building with drive- through accommodations on a 5.73-acre vacant parcel located on the east side of Brea Canyon Road between Lycoming Street and the SR-60 freeway. The property previously operated as a recreational vehicle and boat storage facility. On October 30, 2019, the City’s Planning Commission conducted a duly noticed public hearing to consider Tentative Parcel Map 82066 (Tentative Map), at which time the Planning Commission adopted Resolution No. 2019-15, recommending that the City Council ("City Council") approve the Tentative Map. On November 19, 2019, the City Council conducted a duly noticed public hearing on the Tentative Map and upon conclusion of said public hearing adopted Resolution No. 2019-42 approving the Tentative Map. On April 12, 2022, the Planning Commission conducted a duly noticed public hearing to consider an amendment to the Tentative Map, at which time the Planning Commission adopted Resolution No. 2022-04, approving the amended Tentative Map. To date, various permits have been issued for grading and building improvements at the site. The conditions of approval require that certain improvements be constructed at various stages of the Project processing such as prior to Final Parcel Map (Map) approval, prior to permit issuance, and prior to certificate of occupancy issuance. DISCUSSION: The approval of Final Parcel Map 82066 (Map) is a ministerial decision by the City Council, meaning the Map shall be approved if it conforms to (1) the Subdivision Map Act, (2) all provisions of Title 21: "Subdivisions", of the City’s Municipal Code that were applicable at the time the Tentative Map was approved, and (3) is in substantial compliance with the approved Tentative Map. Staff has deemed these prerequisite conditions for the Map approval to have been met. The ministerial approval a final subdivision map is also considered exempt from the California Environmental Quality Act pursuant to section 15268(b)(3) of the CEQA Guidelines. As a condition of the Map approval, onsite underground utility services shall be provided to each parcel (water, gas, electric power, telephone and cable TV). A second condition of the Map approval requires a Subdivision Agreement to be executed guaranteeing completion of all public and private improvements. Given that the construction of some of the utility improvements has not been completed and accepted by the City at this time and a Subdivision Agreement is required by the conditions of approval, Lycoming, LLC is prepared to enter into an agreement with the City to ensure the completion of these improvements to satisfy the conditions of approval. Additionally, Lycoming, LLC has offered surety bonds as listed in the attached Subdivision Agreement (Attachment 2) to secure the performance of such improvements in accordance with the Subdivision Map Act and Planning Commission Resolution No. 2022-04. The Map (Attachment 3) has been reviewed by the appropriate agencies and City departments. It has been found to be technically correct, conforms substantially to the approved Tentative Map, and meets the requirements of the conditions of approval. The 5.8 Packet Pg. 84 City Engineer recommends that the City Council approve Final Parcel Map 82066. LEGAL REVIEW: The City Attorney has reviewed and approved the Subdivision Agreement and Resolution as to form. PREPARED BY: REVIEWED BY: Attachments: 1. 5.8.a Resolution No. 2022-57 2. 5.8.b Subdivision Agreement 3. 5.8.c Final Parcel Map No. 82066 5.8 Packet Pg. 85 RESOLUTION NO. 2022-57 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING FINAL PARCEL MAP 82066 FOR THE SUBDIVISION OF A 5.73 ACRE SITE INTO FOUR FEE SIMPLE LOTS CONSISTING OF A FOUR-STORY HOTEL, A THREE-STORY OFFICE BUILDING OVERLAID WITH AN AIRSPACE SUBDIVISION OF THIRTY-FOUR CONDOMINIUM UNITS, A SINGLE-STORY COMMERCIAL BUILDING, AND SHARED COMMON SPACE LOCATED ON THE EAST SIDE OF BREA CANYON ROAD BETWEEN LYCOMING STREET AND THE SR- 60 FREEWAY. WHEREAS, Lycoming, LLC, (hereinafter the “Applicant”), has filed an application, a final parcel map and accompanying documents for approval of Final Parcel Map No. 82066, (hereafter, the “Final Parcel Map”), as described in the title of this Resolution; WHEREAS, On October 30, 2019 the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing on the subject matter of Tentative Parcel Map 82066 ("Tentative Parcel Map"), at which time the Planning Commission adopted Resolution No. 2019-15, recommending that the City Council of the City of Diamond Bar ("City Council") approve the Tentative Parcel Map; WHEREAS, On November 19, 2019 the City Council conducted a duly noticed public hearing on the Tentative Parcel Map and upon conclusion of said public hearing adopted Resolution No. 2019-42 approving the Tentative Parcel Map; WHEREAS, On April 12, 2022 the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing to consider an amendment to Tentative Parcel Map 82066, at which time the Planning Commission adopted Resolution No. 2022- 04, approving the amendment to the Tentative Parcel Map; WHEREAS, The City Engineer has reviewed the Final Parcel Map and has determined that applicable provisions of the City's Municipal Code and the Subdivision Map Act, Government Code §§ 66410 et seq. (hereafter, "Map Act"), have been complied with and that the Final Parcel Map is in substantial compliance with the approved Tentative Parcel Map; and WHEREAS, All other legal prerequisites to the adoption of this Resolution have occurred. NOW, THEREFORE, it is found, determined and resolved by the City Council of the City of Diamond Bar as follows: 1. The City Council hereby specifically finds that all of the facts set for in the Recitals of this Resolution are true and correct. 5.8.a Packet Pg. 86 Resolution No. 2022-57 2 2. The City Council finds that Final Parcel Map conforms to all requirements of the Subdivision Map Act, all applicable provisions of the City's Municipal Code and is in substantial compliance with the Tentative Parcel Map. 3. The City Council hereby approves the Final Parcel Map as presented and authorizes and directs the Mayor and the City Clerk to execute the Subdivision Agreement for installation of improvements required thereby and any other documents necessary for recording of the Final Parcel Map. 4. The City Council's approval of a final parcel map that is in substantial compliance with the tentative parcel map, as is the case here, is ministerial and thus is exempt from the California Environmental Quality Act pursuant to Title 14, California Code of Regulations, Section 15268(b)(3). 5. The City Clerk is hereby directed to: a. Certify to the adoption of this Resolution; and b. Transmit a certified copy of this Resolution to Lycoming, LLC, 17777 Center Court N #725, Cerritos, CA 90703. c. Transmit the Final Parcel Map to the County Recorder. PASSED, APPROVED, AND ADOPTED this 15th day of November, 2022. THE CITY OF DIAMOND BAR ________________________ Ruth M. Low, Mayor ATTEST: I, Kristina Santana, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was duly and regularly passed, approved and adopted by the City Council of the City of Diamond Bar, California, at its regular meeting held on 15th day of November, 2022, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ________________________ Kristina Santana, City Clerk 5.8.a Packet Pg. 87 1726394.1 SUBDIVISION AGREEMENT THIS SUBDIVISION IMPROVEMENT AGREEMENT ("Agreement") is made and entered into by and between the City of Diamond Bar, a municipal corporation ("City" herein), and Lycoming, LLC(“Subdivider”) as of this 15th day of November, 2022. RECITALS A. Subdivider has presented to the City for approval a Parcel Map, identified in the Subdivision Reference Data (Attachment “A” hereto), of a proposed subdivision (herein, "Subdivision") pursuant to the Subdivision Map Act of the State of California and the City's ordinances and regulations relating to the filing, approval and recordation of subdivision maps (collectively referred to herein as the "Subdivision Laws"). B. The Subdivision Laws establish, as a condition precedent to the approval of a Parcel Map, that the Subdivider comply with the City Council's Resolution of Approval and either (i) complete, in compliance with City standards, all of the improvements and land development work required by the Subdivision Laws and the City Council's Resolution of Approval; or (ii) enter into a secured agreement with the City to complete the improvements and land development work, within a period of time specified by the City. C. In consideration of approval of the Parcel Map for the Subdivision by the City Council, Subdivider desires to enter into this Agreement whereby Subdivider promises to install and complete, at its sole expense, all public and private improvement work required by the City for the proposed Subdivision. Subdivider has secured this Agreement by improvement security required by the Subdivision Laws and approved by the City. D. Improvement Plans, and related specifications, numbered as designated above in the Subdivision Reference Data, for the construction, installation and completion of the improvements identified in Attachment B attached hereto (herein, "Improvements"), have been prepared by the Subdivider, approved by the City Engineer, and are on file in the City's Public Works Department. The Improvement Plans and related specifications are incorporated herein by this reference. NOW, THEREFORE, in consideration of the approval by the City Council of the Parcel Map, Subdivider and City agree as follows: 1. SUBDIVIDER'S OBLIGATION TO CONSTRUCT IMPROVEMENTS A. Subdivider shall, at its sole expense, and in compliance with the provisions of the Subdivision Laws, the Improvement Plans, the related specifications, and all applicable City Standards, furnish, construct, install and guarantee the Improvements generally described in Attachment B. B. Subdivider shall prepare a Temporary Offsite Improvement Plan which will include a new driveway approach and traffic safety measures to prevent left turn movements in and out of the project site. The Temporary Offsite Improvement Plan shall be fully constructed and accepted by the City Engineer prior to the issuance of any Certificates of Occupancy to the Subdivider. 5.8.b Packet Pg. 88 1726394.1 C. Subdivider shall acquire and dedicate to the City as is required all rights-of-way, easements and other interests in real property for the construction or installation of the Improvements, free and clear of all liens and encumbrances. D. Subject to any time extensions granted in accordance with Section 4, Subdivider shall commence construction of the Improvements as set forth above in the Subdivision Reference Data following the heading "Commencement of Improvement Work", and shall complete all Improvements, and remove all improvements associated with the Temporary Offsite Improvement Plan, within the "Completion Period" specified in the Subdivision Reference Data, provided, however, that if the City Engineer reasonably determines that accelerated construction of the Improvements is essential in order to protect the public health, welfare and safety, the City Engineer shall give Subdivider not less than thirty (30) days prior written notice to commence or accelerate installation and construction of the Improvements, or any portion thereof. The notice shall describe the work to be done by Subdivider, the time within which work shall commence, and the period within which the work will be completed. All or any portion of Improvements may be required to be constructed or completed at a specified time. If the Subdivider objects to the commencement or acceleration of the Improvements as specified by the City Engineer, Subdivider may appeal the decision of the City Engineer to the City Council. Any such appeal shall be filed with the City Clerk within ten (10) days after receipt by Subdivider of the written notice from the City Engineer. E. If the Improvements to be constructed by Subdivider include monumentation, such monumentation shall be installed not later than sixty (60) days after the City's acceptance of all other Improvements pursuant to Section 2. As used herein, "monumentation" shall mean the setting of survey monuments and tie points in accordance with the Subdivision Laws, and the delivery to the City Engineer of tie notes for the points. F. Subdivider shall, at its sole expense, replace or repair all public improvements, public utility facilities, and surveying or subdivision monuments which are destroyed or damaged as a result of any work under this Agreement prior to acceptance of the work. Any such replacement or repair shall be subject to the approval of the City Engineer. G. Until such time as the City accepts a category of Improvements, Subdivider shall be responsible for the care and maintenance of such Improvements and shall bear all risks of loss or damage to the Improvements. Neither City, nor its officers, agents and employees, shall have any liability for any accident, loss or damage to the Improvements prior to their completion and acceptance by the City. H. Subdivider shall, at its sole expense, obtain all necessary permits and licenses for the construction and installation of the Improvements, give all necessary notices, and pay all fees required by City ordinance or resolution and all taxes required by law. I. Not less than ten (10) days prior to commencement of work on the improvements, Subdivider shall give written notice to the City Engineer of the date fixed for such 5.8.b Packet Pg. 89 1726394.1 commencement of work in order that the City Engineer shall have adequate time to schedule all necessary inspections. 2. INSPECTION OF WORK AND FINAL ACCEPTANCE A. Subdivider shall at all times maintain proper facilities and safe access for inspection of the Improvements by the City Engineer and other City personnel. B. Upon completion of the work on all or any category of the Improvements specified in Attachment B, the Subdivider may notify the City in writing of the completed work, including a list of the completed work, and request a final inspection by the City Engineer. Upon receipt of the written notice, the City shall have forty-five (45) days to review and comment or approve the completion of the required work. If the City Engineer determines that all or any specified category of the Improvements have been completed in accordance with this Agreement and in compliance with the Improvement Plans and all applicable City standards, then the City Engineer shall certify to the City Council the completion of such Improvements. Subdivider shall bear all costs of inspection and certification for acceptance. The City may choose to allow for a partial acceptance and release at any time at its discretion. C. If the City Engineer determines that work has not been completed in accordance with the Improvement Plans and all applicable City standards, the City Engineer shall supply to Subdivider a list of all remaining work to be completed. Within forty-five (45) days of receipt of the list of remaining work from the City Engineer, the Subdivider shall provide a plan for completion of the remaining work and the time in which completion will occur. D. The Subdivider shall maintain the works of improvement until the City accepts all remaining items. Acceptance of all categories of the Improvements by the City Council shall be made upon recommendation and certification of the City Engineer following inspection of the Improvements pursuant to subparagraphs B and C above. The City Council shall, within forty- five (45) days following certification by the City Engineer consider whether all Improvements have been completed and notify the Subdivider, or his or her assigns, in writing. E. Acceptance by the City Council shall not constitute a waiver by the City of any defects in the Improvements or affect any warranty therein. 3. GUARANTEE AND WARRANTY OF THE IMPROVEMENTS A. If, within a period of one (1) year following acceptance by the City Council of the last of Improvements specified in Schedule A, any Improvements or part of any Improvements furnished, installed, or constructed by the Subdivider, or any of the work performed under this Agreement, fails to comply with any requirements of this Agreement, or the Subdivision Laws, 5.8.b Packet Pg. 90 1726394.1 or the Improvement Plans and related specifications, the Subdivider shall, without delay and without cost to the City, repair, replace or reconstruct any defective or otherwise unsatisfactory part or parts of the Improvements. Subdivider's obligations hereunder shall include, but not be limited to, the repair, replacement or reconstruction of all irrigation systems and all trees, shrubs, ground cover and landscaping for such one (1) year period. B. Should the Subdivider fail or refuse to act promptly or in accordance with subparagraph 3.A above, or should the exigencies of the situation require repair, replacement, or reconstruction to be undertaken before the Subdivider can be notified, then the City may, in its discretion, make the necessary repairs or replacements or perform the necessary reconstruction. If the Subdivider's improvement security does not cover the total cost of such repair, replacement or reconstruction, the Subdivider shall reimburse the City for any excess costs incurred within 30 days of receipt of an invoice for same. Invoices not paid shall accrue interest at the rate of 10% per annum. C. The security furnished for the faithful performance of the Subdivider's obligation to construct and install the Improvements shall include Subdivider's 1iability hereunder for the one (1) year guarantee and warranty of the Improvements. 4. TIME EXTENSIONS A. Upon a showing by the Subdivider of good cause, the date for commencement of work on the Improvements, or the duration of the Completion Period, may be extended by the City Engineer, with the written concurrence of the City Manager. As used herein, "good cause" may include, without limitation, delay resulting from an act of the City, an act of any other government entity, acts of God or force majeure such as pandemics or flood, earthquakes, fires and other natural disasters, and strikes, boycotts or similar job actions by employees or labor organizations which prevent the conduct of the work and are outside Subdivider's control. B. A time extension may be granted without notice to any surety or sureties of the Subdivider and shall not affect the validity of this Agreement nor release the surety or sureties on any bond given as an improvement security pursuant to this Agreement. C. As a condition of any time extension provided for herein, the City Engineer, with the written concurrence of the City Manager, may require the Subdivider to furnish new or modified improvement security guaranteeing performance of this Agreement, as extended, in an increased amount as necessary to compensate for any projected increase in the Estimated Total Cost of Improvements, as determined by the City Engineer. 5. IMPROVEMENT SECURITY A. Prior to City's execution of this Agreement, Subdivider shall provide as security to the City; i) For Performance and Guarantee: Security in an amount equal to one hundred percent (100%) of the Estimated Total Cost of the Improvements, Grading and 5.8.b Packet Pg. 91 1726394.1 Monumentation as set forth above in the Subdivision Reference Data. With this security, the form of which shall be subject to City's prior approval, the Subdivider assures faithful performance under this Agreement and guarantees the Improvements for one (1) year after the completion and acceptance of the last of such Improvements against any defective workmanship or materials or any unsatisfactory performance, pursuant to Section 3 hereof. ii) For Payment: Security in an amount equal to one hundred percent (100%) of the Estimated Total Cost of the Improvements (excluding Grading and Monumentation) as set forth above in the Subdivision Reference Data. With this security, the form of which shall be subject to City's prior approval, the Subdivider guarantees payment to contractors, subcontractors, and persons renting equipment or furnishing labor or materials to them or to the Subdivider. If monumentation is involved, this improvement security shall also guarantee to the Subdivider's engineer or surveyor payment of the Estimated Total Cost of setting monuments as required by Government Code Section 66497. B. If the improvement security is a corporate surety bond and in the opinion of the City, any surety or sureties thereon become insufficient, the Subdivider shall renew or replace any such surety bond with good and sufficient surety within thirty (30) days after receiving from City written demand therefor. C. Improvement security consisting of corporate surety bonds shall be kept on file with the City Engineer. If a corporate surety bond is replaced by another approved bond, the replacement shall be filed with the City Engineer and, upon filing shall be deemed a part of and incorporated into this Agreement. Upon filing and approval by the City Engineer of a replacement bond, the former improvement security shall be released. D. Modifications of the Improvement Plans and related specifications, and modifications of the Improvements, exceed ten percent (10%) of the Estimated Total Cost of the Improvements, the City may require Subdivider to furnish additional improvement security for performance and guarantee, and for payment as required by subparagraph 5.A above, for one hundred percent (100%) of the revised Estimated Total Cost of the Improvements. If so requested by City, Subdivider shall provide such additional security within 10 days of the request. 6. REDUCTION OR RELEASE OF IMPROVEMENT SECURITY A. Partial releases or reductions in the Subdivider's improvement security may be authorized, it the City’s sole and absolute discretion, upon the City's acceptance of partial performance of Improvements, and prior to the City's acceptance of all Improvements required hereunder, as provided in this Section 6. B. The process allowing for partial release of performance security shall not occur until such time as the cost estimate of the remaining work does not exceed twenty (20) percent of the total original performance security. 5.8.b Packet Pg. 92 1726394.1 C. Upon acceptance of all or any specified category of the Improvements by the City Council, and upon approval of a revised cost estimate for any remaining work, the City shall release all performance security except for security in an amount of two hundred percent (200%) of the cost estimate of the remaining work. D. Unless Subdivider submits new or additional security in an amount equal to one hundred percent (100%) of the Estimated Total cost of the improvements, the security for performance and guarantee shall not be reduced or released in an amount greater than twenty percent (20%) of the aggregate principal amount thereof prior to the expiration of the one year guarantee and warranty period specified in subparagraph 3.A, or before all claims filed during the one year warranty period have been settled. E. Within forty-five (45) days of the issuance of the written statement of completion, the City shall place an item on the agenda at a meeting of the City Council for the release of the remaining performance security furnished to secure payment to contractors, subcontractors, and to persons providing labor, materials, or equipment. Upon approval by the City Council that the work is complete, the required amount of performance security shall be reduced to an amount equal to the total amount claimed by all claimants for whom liens have been filed and of which notice has been given to the City, plus an amount reasonably determined by the City Engineer to be required to assure the performance of any other obligations secured by the security. The retained portion of the security shall be released upon settlement or release of all claims and obligations for which the security was given. F. If Subdivider's obligations relating to any Improvements, such as the water system, are subject to the approval of another governmental agency, the City shall not release the improvement security therefore until the obligations are performed to the satisfaction of such other governmental agency. Such agency shall have two (2) months after Subdivider's performance of the obligation to register its satisfaction or dissatisfaction. If at the end of that period the City has not registered its satisfaction or dissatisfaction, it shall be conclusively deemed that the Subdivider's performance of the obligation was done to its satisfaction. 7. INDEMNIFICATION OF CITY BY SUBDIVIDER A. Neither the City, nor its officers, agents and employees, shall be liable or responsible for any accident, injury, loss or damage to either property or person attributable to or arising out of the construction, installation, or maintenance by Subdivider of the Improvements. Subdivider shall indemnify, hold harmless and defend, with legal counsel reasonably acceptable to the City, the City, its officers, agents and employees, from and against any and all losses, claims, costs, expenses, liabilities, damages, actions, causes of action and judgements, including reasonable attorneys' fees, arising out of or attributable to Subdivider's performance under this Agreement to the maximum extent permitted by law. Should Subdivider refuse to offer such defense or accept such defense with a reservation of rights, the City may retain its own legal counsel and Subdivider shall be liable for all attorneys’ fees and costs incurred by the City in providing for such a defense. B. Subdivider's obligations under this Section 7 are not conditioned or dependent upon whether the City, or its officers, agents and employees, prepared, supplied or reviewed any 5.8.b Packet Pg. 93 1726394.1 Improvement Plans or related specifications in connection with the Subdivision or the Improvements, or has insurance or other indemnification covering any of these matters. C. Subdivider's obligation to indemnify, hold harmless and defend the City shall extend to injuries to persons and damages to or alleged taking of property resulting from the design or construction of the Subdivision, and the Improvements required herein, and shall likewise extend to adjacent property owners asserting claims based upon the diversion of waters caused by the Subdivider's design or construction of public drainage systems, streets, and other public facilities or improvements. The City's acceptance of the Improvements shall not constitute an assumption by the City of any responsibility or liability for any damage or alleged taking of property referenced herein. City shall not be responsible or liable for the design or construction of the Subdivision or the improvements, regardless of any act or omission by the City in approving the Improvement Plans or the Final Map, unless the particular Improvement design was required by the City over the written objection of the Subdivider, which objection stated that the Improvement design was potentially dangerous or defective and set forth an alternative design. After City's acceptance of the Improvements, the Subdivider shall remain obligated to correct or eliminate all dangerous conditions created by defects in design or construction; provided, however, that Subdivider shall not be responsible for routine maintenance. Subdivider's obligations hereunder shall remain in effect for one (1) year following acceptance of the Improvements by the City Council. Subdivider acknowledges and agrees that Subdivider shall be responsible and liable for the design and construction of the Improvements and other work done pursuant to this Agreement, and City shall not be liable for any acts or omissions in approving, reviewing, checking, correcting or modifying any Improvement Plans or relate specifications, or in inspecting, reviewing or approving any work or construction of Improvements. 8. INSURANCE A. Prior to commencement of work on the Improvements, the Subdivider shall obtain, and shall maintain throughout the period of construction, at its sole expense, policies of general liability insurance covering any and all damages or claims for damages for injuries to persons (including death) or property in an amount not less than $2,000,000.00 for any one person, and, subject to the same limit for each person, in an amount not less than $1,000,000.00 for property damage. Such policies shall be in form and substance satisfactory to the City, shall name the City, its officers, agents and employees as additional insureds, and shall contain provisions that prohibit cancellation or lapse of insurance without thirty (30) days' written notice 5.8.b Packet Pg. 94 1726394.1 first having been delivered to the City. Both the type and amount of insurance required by this subparagraph 8.A may be adjusted during the term of this Agreement as may be deemed reasonably necessary by the City Engineer. B. The Subdivider shall provide to the City Engineer prior to performing any work under this Agreement and during the term thereof, a certificate or certificates of insurance evidencing the coverage and provisions set forth above in subparagraph 8.A are in effect, and an additional insured endorsement for each of the policies which designated the City, its officers, agents and employees as additional insureds. 9. OWNERSHIP OF THE IMPROVEMENTS Ownership of all or any category of the Improvements constructed and installed by the Subdivider pursuant to this Agreement shall vest either in the City or in the Homeowners Association created as a condition of the Subdivision, or other specified governmental agency(s), as appropriate, upon acceptance of the Improvements by the City Council and recordation of a Notice of Completion. 10. DEFAULT AND BREACH BY THE SUBDIVIDER AND REMEDIES OF THE CITY A. Upon the occurrence of any of the following events, the Subdivider shall be deemed to be in default under this Agreement; i) Subject to any time extensions granted in accordance with Section 4, failure to commence construction and installation of the Improvements by the commencement date set forth above in the Subdivision Reference Data; ii) Failure to correct or cure any defect in the Improvements during the one year guarantee and warranty period as required by subparagraph 3.A; iii) Subject to any time extensions granted in accordance with Section 4, failure to perform substantial construction work, after commencement of work on the Improvements, for a period of thirty (30) days after written notice thereof from the City; iv) Insolvency appointment of a receiver, or the filing of any petition in bankruptcy; whether voluntary or involuntary, and such is not cured or discharged within a period of thirty (30) days; v) Commencement of a foreclosure action against the Subdivision or any portion thereof, or any conveyance by the Subdivider in lieu or in avoidance of foreclosure; or vi) Failure to maintain the improvement security required by Section 5 in effect during all times required by this Agreement, including failure to renew the improvement security no later than fifteen (15) days prior to any expiration date; or 5.8.b Packet Pg. 95 1726394.1 vii) Failure to perform any other obligations in accordance with the terms and provisions of this Agreement within thirty (30) days after written notice thereof from the City. B. City reserves to itself all remedies available to it at law or in equity for any breach of Subdivider's obligations under this Agreement. City shall have the right, without limitation of other rights or remedies, to draw upon or utilize any improvement security furnished hereunder to mitigate City's damages in the event of Subdivider's default. C. The City may serve written notice of any default upon the surety on any corporate surety bond furnished as improvement security hereunder, and request that the surety take over and complete the Improvements herein specified. If such surety, within thirty (30) days after service of such notice of default, does not give the City written notice of its intention to perform this Agreement, or does not commence such performance within thirty (30) days after notice to the City of such intention to perform, the City may take over the work and prosecute the same to completion, by contract or by any other method the City deems advisable, for the account and at the expense of the Subdivider and its surety. D. Subdivider acknowledges that the Estimated Total Costs and improvement security amounts set forth herein may not reflect the actual cost of construction or installation of the Improvements, and, consequently, city's damages for Subdivider's default shall be measured by the cost of completing the required Improvements. If the damages incurred by the City in taking over and completing the Improvements exceeds the principal amount of the improvement security, then Subdivider shall reimburse the City in the amount of such excess within 30 days of the City invoicing Subdivider for such excess amount. E. City may, without liability for so doing take possession of, and utilize in completing the Improvements, such materials, appliances, plant and other property belonging to Subdivider as may be on the site of the work and necessary for the performance of the work. Subdivider hereby consents to entry by the City and its forces, including contractors, upon any real property in the Subdivision owned by Subdivider or by any assignee of this Agreement, in the event the City elects to maintain or complete the work on the Improvements following Subdivider's default. F. Subdivider acknowledges and agrees that, upon approval of the Final Map for the Subdivision, City will confer substantial rights upon the Subdivider, including the right to sell, lease or finance lots within the Subdivision, and that such approval constitutes the final act necessary to permit the division of land within the Subdivision. As a result, City will be damaged to the extent of the cost of construction or installation of the Improvements upon Subdivider's failure to perform its obligations under this Agreement. Subdivider further acknowledges that any determination as to whether a reversion to acreage or rescission of approval of the Subdivision constitutes an adequate or necessary remedy for Subdivider's default shall be within the sole discretion of the City. 5.8.b Packet Pg. 96 1726394.1 G. The City's failure to take an enforcement action with respect to a default, or to declare a default or breach, shall not be construed as a waiver of that default or breach or any subsequent default or breach of the Subdivider. H. If City sues to compel Subdivider's performance of this Agreement, or to recover damages or costs incurred in completing or maintaining the work on the Improvements, the prevailing party shall be entitled to its attorneys' fees and other costs and expenses of litigation incurred by the City in connection therewith, even if Subdivider subsequently resumes and completes the work. 11. RELATIONSHIP OF THE PARTIES Neither Subdivider, nor any of the Subdivider's contractors, employees or agents, are or shall be deemed to be, agents of the City in connection with the performance of Subdivider's obligations under this Agreement. Subdivider, its contractors, employees or agents shall at all times be considered independent contractors and shall obtain no rights or benefits which accrue to City employees. 12. ASSIGNMENT A. Subdivider shall not assign this Agreement without the prior written consent of the City. Any attempted or purported assignment in violation of this subparagraph 12.A shall be null and void and shall have no force or effect. B. The sale or other disposition of the Subdivision shall not relieve Subdivider of its obligation hereunder. If Subdivider intends to sell the Subdivision or any portion thereof, to any other person or entity, the Subdivider may request a novation of this Agreement and a substitution of improvement security. Upon the City's approval of the novation and substitution of improvement security, the Subdivider may request a release or reduction of the improvement security furnished pursuant to this Agreement. 13. NOTICES All notices required or provided for in this Agreement shall be in writing, delivered in person or by mail, postage prepaid, and addressed as follows: If to the City: City of Diamond Bar, City Clerk 21810 Copley Drive Diamond Bar, CA 91765 If to the Subdivider: Lycoming, LLC 17777 Center Court N #725 Cerritos, CA 90703 5.8.b Packet Pg. 97 1726394.1 Notice shall be effective on the date that it is delivered in person or, if mailed, on the date of deposit in the United States Mail. 14. ENTIRE AGREEMENT This Agreement constitutes the entire agreement of the parties with respect to its subject matter. All modifications, amendments, or waivers of any terms of this Agreement shall be in writing and signed by the duly authorized representatives of the parties. In the case of the City, the duly authorized representative, unless otherwise specified herein, shall be the City Engineer. 15. SEVERABILITY The provisions of this Agreement are severable. If any portion of this Agreement is held invalid by a court of competent jurisdiction, the remainder of the Agreement shall remain in full force and effect. 16. INCORPORATION OF SUBDIVISION REFERENCE DATA AND RECITALS The Subdivision Reference Data, the Recitals, Attachment A and Attachment B are incorporated into this Agreement. 17. GOVERNING LAW This Agreement shall be governed by laws of the State of California. Any action commenced pursuant to this Agreement shall be initiated in Los Angeles Superior Court. 18. EFFECTIVE DATE OF THE AGREEMENT This Agreement shall be and become effective as of the date that it is executed by a duly authorized officer or employee of both parties, it being the intention of the parties that the Subdivider shall first execute this Agreement and thereafter submit it to the City. The City shall insert the effective date above and in the Subdivision Reference Data and all counterparts of this Agreement, if any, and shall transmit a fully executed counterpart to the Subdivider. 5.8.b Packet Pg. 98 5.8.b Packet Pg. 99 1726394.1 ATTACHMENT A CITY OF DIAMOND BAR LOS ANGELES COUNTY, CALIFORNIA SUBDIVISION REFERENCE DATA FINAL PARCEL MAP NO. 82066 ("Final Map" herein) Tract No. 33069 , ("Subdivision" herein) Subdivider: Lycoming, LLC Subdivider Address: 17777 Center Court N #725 Cerritos, CA 90703 PLANNING COMMISSION RESOLUTION NO. 2022-04 ("Resolution of Approval" herein) OFFSITE STREET IMPROVEMENT PLANS: (see Schedule A "Improvement Plans" herein) to also incorporate future Caltrans requirements. IMPROVEMENT: Schedule A ESTIMATED TOTAL COSTS: GRADING & EROSION CONTROL STREET IMPROVEMENTS MONUMENTATION CALTRANS REVIEW OF IMPROVEMENT PLANS FORM OF SECURITY: Performance Bond NAME AND ADDRESS OF CORPORATE SURETY: 5.8.b Packet Pg. 100 1726394.1 LETTER OF CREDIT NUMBER(S): GRADING & EROSION CONTROL: STREET IMPROVEMENTS: MONUMENTATION: CALTRANS REVIEW OF IMPROVEMENTS PLANS: EFFECTIVE DATE OF AGREEMENT: NOVEMBER 15, 2022 COMMENCEMENT OF IMPROVEMENT WORK: Within 120 Calendar days of effective date of agreement, by March 15, 2023. COMPLETION PERIOD: 12 months after effective date of agreement. 5.8.b Packet Pg. 101 1726394.1 ATTACHMENT B PARCEL MAP 82066 STREET IMPROVEMENT PLANS FOR TRACT NO. 33069 (3 Sheets) PREPARED BY: Plotnik and Associates DATED: 01/18/2021 SIGNING AND STRIPING PLANS FOR TRACT NO. 33069 (1 Sheet) PREPARED BY: Linscott Law and Greenspan Engineers DATED: 02/11/2021 TRAFFIC SIGNAL MODIFICATION PLAN FOR TRACT NO. 33069 (1 Sheet) PREPARED BY: Linscott Law and Greenspan Engineers DATED: 02/11/2021 STREET IMPROVEMENT PLANS FOR TRACT NO. 33069 (16 Sheets) PREPARED BY: Site Design Studio DATED: 04/12/2021 STREET IMPROVEMENT PLANS FOR TRACT NO. 33069 (6 Sheets) PREPARED BY: Energy Solutions Group DATED: GRADING PLANS FOR TRACT NO. 33069 (27 Sheets) PREPARED BY: Plotnik and Associates DATED: 02/09/2022 CALTRANS REVIEW AND APPROVAL OF STREET IMPROVEMENT PLANS 5.8.b Packet Pg. 102 1726394.1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. 5.8.b Packet Pg. 103 5.8.b Packet Pg. 104 5.8.c Packet Pg. 105 5.8.c Packet Pg. 106 5.8.cPacket Pg. 107 5.8.cPacket Pg. 108 Agenda #: 5.9 Meeting Date: November 15, 2022 TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager TITLE: FRANCHISE AGREEMENT WITH FOCUS MEDIA GROUP, INC. FOR THE REPLACEMENT AND MAINTENANCE OF BUS STOP AMENITIES CITYWIDE AND FOR THE BUS SHELTERS ADVERTISEMENT PROGRAM THROUGH JUNE 30, 2027. STRATEGIC GOAL: Safe, Sustainable & Healthy Community RECOMMENDATION: A. Determine that approval of the proposed Franchise Agreement is Categorically Exempt (Class 2) from the California Environmental Quality Act pursuant to section 15302 of the CEQA Guidelines; and B. Approve, and authorize the Mayor to sign a Bus Shelter Franchise Agreement with Focus Media Group, Inc., through June 30, 2027 that will provide for: 1. Procurement and installation of bus stop amenities, in the amount of $1,099,657.11, plus a contingency amount of $100,300 for contract change orders, to be approved by the City Manager, for a total authorization amount of $1,199,957.11; 2. Administration and revenue sharing of a Bus Shelter Advertising Program; and 3. Maintenance Services for all bus stop amenities and shelters citywide. FINANCIAL IMPACT: The Franchise Agreement with Focus Media Group, Inc. (FMG) has three (3) components: Construction, Advertising, and Maintenance. Construction 5.9 Packet Pg. 109 The City Council allocated a total of $1,200,000 in Proposition A (Prop A) Funds for the Citywide Bus Shelters Replacement Project (CIP No. TI22300) as part of the City’s Capital Improvement Program (CIP) in FYs 2021/22 and 2022/23. The construction contract as proposed will cost $1,099,657.11. The proposed contingency amount is $100,300, which brings the total allocation to $1,199,957.11. The proposed contingency will only be used in the event of unforeseen circumstances that will warrant a contract change order. Citywide Bus Shelters Replacement Program (CIP # TI22300) Budget Encumbrance/ Expenses Balance Proposition A $1,200,000 $1,200,000 Contract Amount ($1,099,657.11) $100,342.89 Contingency ($100,300) $42.89 Balance $42.89 Advertising Quarterly, FMG will pay the City a fee of 20% of the gross advertising revenue or $240 per advertising bus shelter per year (currently there are 30 advertising bus shelters, hence $7,200 per year) whichever is greater. Based on the current market condition the total annual City revenue share calculated based on 20% of the gross revenue by FMG is estimated at $32,000 per year. Due to the use of Prop A funds for the replacement/installation of the shelters, all advertisement revenue sharing generated will be returned to the City’s Prop A Local Return Funds, as required by Prop A. Maintenance All costs associated with routine maintenance works will be covered by FMG. FMG will be reimbursed by the City for pre-approved “Major Repairs,” as defined in the attached Agreement. The cost of the reimbursement will be primarily paid by deduction from the City’s advertising revenue share. BACKGROUND: On November 16, 2021, the City Council approved the design concept for replacing the existing original bus shelters with advertising panels and incorporating the City’s logo into the new shelters’ back panels. The City’s current Bus Shelters Advertisement Franchise Agreement will expire by the end of the current fiscal year. As part of the Citywide Bus Shelters Replacement Project, staff was tasked with soliciting proposals for, and negotiating, a new franchise agreement, which includes a comprehensive maintenance and advertising program. On April 8, 2021, staff released a request for proposal (RFP), and on May 12, 2021, the process closed. The City received two proposals that did not meet the requirements of this program/project. Neither of the two proposals included the full scope of the 5.9 Packet Pg. 110 construction component of the work or included the full scope of the maintenance work as detailed in the RFP. Also, one of the proposals did not include advertising program on bus shelters. As such, both proposals were considered non-responsive and eventually were rejected. Since all the requirements of the City’s procurement process were met, after consulting with the City Attorney, staff started the process of soliciting companies directly, in order to have the flexibility to find a business partner who is qualified to take on this unique program/project. DISCUSSION: After soliciting proposals from multiple firms, and through the evaluation process, Focus Media Group, Inc. (FMG) was determined to be the most qualified company to perform the tasks associated with this program/project, including construction, advertising, and maintenance. Its final proposal met all of the requirements of the City. The ultimate goal of this program/project is to provide clean, safe, and functional bus stop amenities for the community while incorporating design elements from the City’s enhanced streetscape guidelines. Construction The construction component of this program/project consists of the removal and disposal of existing amenities, removal and replacement (R&R) of existing damaged concrete, and the procurement and installation of new amenities, i.e. shelters, benches, and trash receptacles, as applicable. The tentative schedule for the construction phase is as follows: • December 2022 Commence procurement • February 2023 Commence installation of unsheltered bus stop amenities • April 2023 Commence installation of bus shelters • June 2023 Complete all improvements More details on the installation work are provided in Exhibit “A” of the proposed Franchise Agreement (Agreement) in Attachment 1. Advertising As proposed in the Agreement, FMG will manage and maintain all aspects of the Bus Shelters Advertising Program, as provided in Exhibit “B” of the Agreement. FMG will lease advertising space within the bus shelters, and, from the revenue derived from those leases, will pay the City a revenue share. The guaranteed amount of the revenue share paid to the City is 20 percent of the bus shelter advertising revenue or $240 per shelter per year, whichever is greater. Below is a breakdown of the proposed revenue share plan. Revenue Type Quantity Annual Revenue to City 5.9 Packet Pg. 111 GUARANTEED Revenue Share 30 shelters @ $240/year $7,200 ESTIMATED Revenue Share @ 20% based on current market condition 30 shelters $32,000 The payment to the City will be on a quarterly basis and will be supported by a Statement of Accounts. The City will have reasonable access to any of the FMG’s books, documents, papers, and records that relate directly to the Agreement. As noted previously, all revenue generated by this Program will go back to the City’s Prop A Local Return Funds. FMG will, at least two (2) times per year, for at least ten (10) consecutive calendar days, display at least one (1) public service announcement in lieu of paid advertising at each bus shelter. FMG will arrange for the service and installation of the public service announcements. The City will be entitled to specify certain public service messages to be displayed. Maintenance Per the proposed Agreement, FMG will perform the following ongoing maintenance services. Routine Maintenance - One (1) routine maintenance visit to all locations on Mondays and a second weekly visit to agreed-upon “Hot Spots” per week. “Hot Spots” will be identified through a collaboration between FMG and City staff. - Perform five (5) days a week maintenance visits to four (4) Diamond Bar Blvd designated locations (bus stops located on Diamond Bar Blvd. between Golden Springs Drive and Palomino Drive) - Perform pressure washing as needed and steam cleaning to all sites six (6) times annually, or as needed. FMG will respond to as-needed maintenance requests within three (3) hours of notification by the City. Damage, vandalism, or graffiti will be repaired within two (2) working days. FMG will respond to dangerous conditions exposed to the public within 24 hours and repair in five (5) calendar days. Repair and Replacement FMG, at its sole cost and expense, maintain, repair, cleans, and service all street furniture, keeping them, their appurtenances, and the immediately surrounding areas in a safe, neat, attractive, environmentally clean, and sanitary condition. “Major Repairs” is defined as those which require parts, components, or specialty contractor services with a retail value above $250 per replacement or repair, and are subject to City approval. The City will reimburse FMG for any City-approved “Major Repairs” through a deduction from the quarterly revenue share. Any shelter or bench that requires “Minor Repairs” is 5.9 Packet Pg. 112 defined as any repairs less than $250 per shelter or bench. “Minor Repairs” will not be charged to the City. FMG will maintain and keep current, a daily report form that records all ongoing work and maintenance functions performed by FMG’s personnel. These daily reports, prepared in a form and content acceptable to the City, will be submitted to the City's Project Manager on a monthly basis. CEQA Determination The proposed Franchise Agreement and project is Categorically Exempt (Class 2) from the California Environmental Quality Act pursuant to section 15302 of the CEQA Guidelines. Class 2 exemptions include replacement or reconstruction of existing structures and facilities where the new structures will be located on the same site and have substantially the same purpose and capacity. The project will replace existing bus stop and shelter amenities in the same locations as existing facilities and therefore qualifies for a Class 2 exemption. LEGAL REVIEW: The City Attorney has reviewed and approved the Agreement as to form. PREPARED BY: REVIEWED BY: Attachments: 1. 5.9.a Bus Shelters Franchise Agreement 5.9 Packet Pg. 113 1729719.1 BUS SHELTER FRANCHISE AGREEMENT THIS BUS SHELTER FRANCHISE AGREEMENT (the "Agreement") is made as of November 15, 2022 by and between the City of Diamond Bar, a municipal corporation ("City"), and Focus Media Group, inc. an Oklahoma Corporation, ("Contractor"). 1. Contractor's Services. Subject to the terms and conditions set forth in this Agreement Contractor shall furnish all necessary labor, tools, materials, appliances and equipment for the procurement, construction and installation of bus shelters (with advertising panels) and benches (without advertising panels) at specified locations throughout the City. The work to be performed shall be in accordance with the plans and specifications, dated October 27, 2022 (Plans and Specifications) attached hereto as Exhibit “A”, and in accordance with prices hereinafter mentioned and in accordance with the instructions of the City Engineer. Contractor shall maintain specified bus shelters, benches and trash receptacles and be responsible for managing and maintaining advertisements as is further described in the attached Scope of Services, attached hereto as Exhibit “B”. Except as specifically provided in Exhibit “B”, Contractor shall perform all maintenance work set forth in Exhibit “B” at its sole cost and expense. As a material inducement to the City to enter into this Agreement, Contractor represents and warrants that it has thoroughly investigated the work and fully understands the difficulties and restrictions in performing the work. Contractor 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. 2. Priority of Documents. The Plans and Specifications attached as Exhibit “A”, the Scope of Services attached as Exhibit “B”, and the are incorporated herein by reference and made a part hereof with like force and effect as if set forth in full herein. The Plans and Specifications and Scope of Services together with this Agreement shall constitute the entire agreement between the parties. This Agreement is intended to require a complete and finished piece of work and anything necessary to complete the work properly and in accordance with the law and lawful governmental regulations shall be performed by the Contractor whether set out specifically in the Agreement or not. Should it be ascertained that any inconsistency exists between the aforesaid documents and this Agreement, the following order of precedence shall apply: (1) This Agreement; (2) The Plans and Specifications and the Scope of Services. 3. City’s Project Manager. Jason Williams, Maintenance Supervisor (herein referred to as the “City’s Project Manager”), shall be the person to whom the Contractor will report for the performance of services hereunder. It is understood that Contractor 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 Contractor shall be performed to the satisfaction of the City’s Project Manager and the City Manager 5.9.a Packet Pg. 114 1729719.1 4. Term of Agreement. This Agreement shall take effect on the date set forth above and shall continue until June 30, 2027 (“Initial Term”), unless earlier terminated pursuant to the provisions herein. The City shall have the option to extend this Agreement for up to five (5) additional years beyond the Initial Term, subject to the same terms and conditions contained herein, by giving Consultant written notice of the exercise of this option at least thirty (30) days prior to the expiration of the initial Term. 5. Exclusive Franchise. During the Initial Term, or any extension thereof, Contractor shall have the exclusive right to manage and maintain advertisement on the City-owned bus shelters identified in Exhibit B; provided that should the City, in its sole discretion, determine that any advertising on any shelter is improper, offensive or constitutes a display that is likely to interfere with, mislead or distract traffic, or conflict with any traffic control system, Contractor shall be so advised and shall not utilize such advertising. Contractor shall remove such advertising within twenty-four (24) hours after the City serves written notice thereof. Contractor will provide local businesses the right of first refusal on 50% of the available advertising space. Contractor shall, at least two (2) times per year, for at least ten (10) consecutive calendar days, display at least one (1) public service announcement in lieu of paid advertising in each bus shelter. Contractor shall arrange for service and installation of the public service announcements. The City shall be entitled to specify certain public service messages to be displayed. Upon further agreement by the parties, the franchises rights granted herein may include a non-exclusive digital or static kiosk locations. The rights and obligations of the parties for such additional franchise rights will be subject to future negotiations. 6. Contractor Compensation. Contractor agrees to receive and accept the total not to exceed amount of one million ninety-nine thousand six hundred fifty-seven dollars and eleven cents ($1,099,657.11) as full compensation for furnishing all materials, performing all work, and fulfilling all obligations associated with the procurement, construction and installation of the bus shelters, benches and trash receptacles as further detailed in the attached Exhibit A. Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the work during its progress or prior to its acceptance including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the aforesaid Agreement documents; and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work. Final payment to Contractor shall be withheld for at least 30 days after the time in which Contractor has verified, to the City's satisfaction, that it has submitted all information to the Department of Industrial Relations required by Labor Code §1773.3. 7. Liquidated Damages. Contractor agrees to complete the work set forth in Exhibit A within ninety (90) calendar days from the date of the notice to proceed. Contractor agrees further to the assessment of liquidated damages in the amount of ($500) dollars for each calendar day the work remains incomplete beyond the expiration of the completion date. City may deduct the amount thereof from any monies due or that may become due the 5.9.a Packet Pg. 115 1729719.1 Contractor under this Agreement. Progress payments made after the scheduled date of completion shall not constitute a waiver of liquidated damages. 8. Payment. A. As work is completed under Exhibit A, Contractor shall submit to City an invoice for the work completed, authorized expenses and authorized extra work actually performed or incurred. B. All such invoices shall state the basis for the amount invoiced, including work completed and task performed. C. City will pay Contractor the amount properly invoiced within 35 days of receipt. D. Payment shall constitute payment in full for all work set forth in that invoice. 9. Franchise Payment to City. For the exclusive franchise rights set forth in this Agreement, Contractor shall pay the City a share of the revenue received from its advertising revenue as follows: From the revenue derived from advertisement on bus shelters, Contractor shall pay to the City a monthly guaranteed percentage of 20% of all gross advertising revenue received by Contractor under this Agreement or flat amount of $240 per advertising bus shelter per year, whichever is greater, during the Initial Term. Contractor shall make such payments on a quarterly basis and the end of each quarter, i.e., March 31, June 30, September 30, and December 31, and provide backup documentation prepared by a certified public accountant, to the reasonable satisfaction of the City, showing all shelter locations, the advertiser at each location, and gross revenues received for each ad panel . In the event the City exercises its right to extend the Initial Term, the flat amou nt per bus shelter shall be increased by the change in the Consumer Price Index for the Los Angeles- Anaheim-Riverside metropolitan area (“CPI”) from the month immediately preceding the last month of the Initial Term ending date (the “Index Month”) as reported by the Bureau of Labor Statistics of the United States Department of Labor, has increased over the CPI for the month two years prior to the Index Month. The City reserves the right to audit the Contractor’s records with respect to any payments made during the Initial Term and any extension thereof. Contractor shall maintain all records relating to revenue received under this Agreement for a period of at least four years. Any late or under payments shall accrue interest at the rate of 10% per annum. 10. Status as Independent Contractor. A. Contractor is, and shall at all times remain as to City, a wholly independent contractor. Contractor 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, except as specifically provided herein. Neither City nor any of its agents shall have control over the conduct of Contractor or any of Contractor's employees, except as set forth in this Agreement. Contractor shall not, at any 5.9.a Packet Pg. 116 1729719.1 time, or in any manner, represent that it or any of its agents or employees are in any manner employees of City. B. Contractor agrees to pay all required taxes on amounts paid to Contractor 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 or the Public Employee Retirement System regarding the independent contractor status of Contractor and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between City and Contractor or its employees, then Contractor agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto. C. Contractor shall fully comply with Workers' Compensation laws regarding Contractor and Contractor's employees. Contractor further agrees to indemnify and hold City harmless from any failure of Contractor to comply with applicable Worker's Compensation laws. D. Contractor shall, at Contractor’s sole cost and expense fully secure and comply with all federal, state and local governmental permit or licensing requirements, including but not limited to the City of Diamond Bar. 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 Contractor under this Agreement any amount due to City from Contractor as a result of Contractor'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 Contractor’s failure to comply with this Section. 11. Standard of Performance. Contractor 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. 12. Apprenticeship Employment (applicable to Exhibit “A” work). In accordance with the provisions of Section 1777.5 of the Labor Code, and in accordance with the regulations of the California Apprenticeship Council, properly indentured apprentices may be employed in the performance of the work. Contractor is required to make contribution to funds established for the administrative of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeship trade on such contracts and if other Contractors on the public works site are making such contributions. Contractor and sub-contractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex-officio the 5.9.a Packet Pg. 117 1729719.1 Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. 13. Legal Hours of Work (applicable to Exhibit “A” work). Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the performance of the public works portion this Agreement, and the Contractor and any sub-contractor under him shall comply with and be governed by the laws of the State of California having to do with working hours set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. Contractor shall forfeit, as a penalty to City, twenty-five dollars ($25.00) for each laborer, workman or mechanic employed in the execution of the Agreement, by him or any sub- contractor under him, upon any of the work hereinbefore mentioned, for each calendar day during which the laborer, workman or mechanic is required or permitted to labor more than eight (8) hours in violation of the Labor Code. 14. Travel and Subsistence Pay (applicable to Exhibit “A” work). Contractor agrees to pay travel and subsistence pay to each workman needed to execute the work required by this Agreement as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8. 15. Unauthorized Aliens. Contractor hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. § 1101 et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Consultant hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including reasonable attorney fees, incurred by City. 16. Indemnification. Contractor shall indemnify, defend with counsel approved by City, 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 Contractor’s employees or Contractor’s contractor’s employees arising out of Contractor’s work under this Agreement; and (2) Any and all claims arising out of Contractor's performance of or failure to perform work hereunder or its failure to comply with any of its obligations contained in this Agreement, regardless of City’s passive negligence, but excepting such loss or damage which is caused by the sole active negligence or willful misconduct of the City. Should City in its sole discretion find Contractor’s legal counsel unacceptable, then Contractor shall reimburse the City its costs of defense, including without limitation reasonable attorneys' fees, expert fees and all other costs and fees of litigation. The 5.9.a Packet Pg. 118 1729719.1 Contractor shall promptly pay any final judgment rendered against the Indemnitees. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement. Except for the Indemnitees, this Agreement shall not be construed to extend to any third-party indemnification rights of any kind. 17. Insurance. A. Prior to performance of work under this Agreement and at all times during the term of this Agreement Contractor shall 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 $2,000,000.00 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Contractor, its officers, employees, agents, and independent contractors in performance of services under this Agreement; (2) property damage insurance with a minimum limit of $1,000,000.00 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 $2,000,000.00; and (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 B. The Indemnitees 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 at least ten (10) day's prior written notice thereof. Contractor 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 Contractor pursuant to the terms of this Agreement and 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. E. Contractor shall submit to City (1) insurance certificates indicating compliance with the minimum insurance requirements above, and (2) insurance policy endorsements or a 5.9.a Packet Pg. 119 1729719.1 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 Contractor (as the named insured) should Contractor fail to pay the SIR or deductible requirements. The amount of the SIR or deductible shall be subject to the approval of the City. Contractor understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by Contractor as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should City pay the SIR or deductible on Contractor’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 Contractor 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 Contractor, which amounts may be deducted from any payments due Contractor. I. Contractor 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. 18. Maintenance and Inspection of Records. In accordance with generally accepted accounting principles, Contractor 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 Contractor's records regarding the services provided under this Agreement. Contractor shall maintain all such records for a period of at least four (4) years after termination or completion of this Agreement. Contractor 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. 19. Termination. If Contractor is found to be in default with respect to any term or provision of this Agreement, and if after three (3) business days from the written notice from City, does not cure such default or commence to cure such default in a reasonably prompt manner if such cure requires more than three business days, the City may terminate the contract upon giving FMG written notice, not less than sixty (60) days prior to the effective date of termination; unless such termination arises out of a threat to the public health or safety, in which the termination shall be effective upon notice from the City. 5.9.a Packet Pg. 120 1729719.1 20. Personnel. Contractor 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 Contractor or under it supervision, and all personnel engaged in the work shall be qualified to perform such services. Contractor reserves the right to determine the assignment of its own employees to the performance of Contractor's services under this Agreement, but City reserves the right, for good cause, to require Contractor to exclude any employee from performing services on City's premises. 21. Prevailing Wage (applicable to Exhibit A work). Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public works is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the Office of the City Clerk of the City of Diamond Bar, 21810 Copley Drive, Diamond Bar, California, and are available to any interested party on request. City also shall cause a copy of such determinations to be posted at the job site. The Contractor shall forfeit, as penalty to City, not more than twenty-five dollars ($25.00) for each laborer, workman or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general prevailing rate of wages hereinbefore stipulated for any work done under this Agreement, by him or by any subcontractor under him. The CONTRACTOR and any of its subcontractors must be registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5, which precludes the award of a contract for a public work on any public works project awarded after April 1, 2015. This Agreement is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 22. Presentation of Claims (applicable to Exhibit A work). Any claim, as that term is defined in Public Contract Code § 9204, shall be submitted in accordance with that section and shall contain a sufficient description of the claim, the basis therefore and documentation in support of the claim. The claim shall be processed as more fully set forth in the Plans and Specifications. 23. Non-Discrimination and Equal Employment Opportunity. A. Contractor 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. Contractor will, in all solicitations or advertisements for employees placed by or on behalf of Contractor state either that it is an equal opportunity employer or that all qualified 5.9.a Packet Pg. 121 1729719.1 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. Contractor 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. 24. Time Is of the Essence. Time is of the essence in this Agreement. Contractor shall do all things necessary and incidental to the prosecution of Contractor's work. 25. Delays and Extensions of Time. Contractor's sole remedy for delays outside its control shall be an extension of time. No matter what the cause of the delay, Contractor 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 Contractor’s control. If Contractor 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 Contractor be entitled to any claim for lost profits due to any delay, whether caused by the City or due to some other cause. 26. Assignment. Contractor shall not assign or transfer any interest in this Agreement nor the performance of any of Contractor's obligations hereunder, without the prior written consent of City, and any attempt by Contractor to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect. 27. Compliance with Laws. Contractor shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. 28. 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 Contractor 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 Contractor, 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. 29. 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. 5.9.a Packet Pg. 122 1729719.1 “CONTRACTOR” “CITY” Focus Media Group, Inc. City of Diamond Bar 2271 W. Malvern Ave. #407 21810 Copley Drive Fullerton, CA 92833 Diamond Bar, CA 91765-4178 Attn.: Michael Culver Attn.: _______________ Phone: 310.897.7096 Phone: E-Mail: mculver@focusmediagroupinc.com E-mail: 30. Governing Law. This Agreement shall be interpreted, construed and enforced in accordance with the laws of the State of California. 31. 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. 32. Severability. If any term, condition, or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall not be affected thereby, and the Agreement shall be read and construed without the invalid, void or unenforceable provision(s). 33. Entire Agreement. This Agreement, and any other documents incorporated herein by reference, represent the entire and integrated agreement between Contractor 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. 5.9.a Packet Pg. 123 lN WITNESS of this Agreement, the parties have executed this Agreement as of the date first written above. "Contractor" Focus Media Group, inc. Printed Title: By Printed Name: Title: "City„ CllY OF DIAMOND BAR Ruth M. Low Mayor ATTEST: Kristina Santana, City Clerk Approved as to form: David DeBerry, City Attorney State of California "CONTRACTOR'S" License No.47'4 -- CONTRACTOR'S Business Phone: 714.441.1300 Emergency Phone: 310.897.7096 at which CONTRACTOR can be reached at any time. 1729719.1 . [If appl-Icable] 5.9.a Packet Pg. 124 1729719.1 *NOTE: If Contractor 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. 5.9.a Packet Pg. 125 1729719.1 EXHIBIT “A” 5.9.a Packet Pg. 126 EXHIBIT A DEPARTMENT OF PUBLIC WORKS CITY OF DIAMOND BAR CALIFORNIA SPECIFICATIONS FOR Procurement and Installation of Bus Stop Shelters and Amenities October 27, 2022 The City's bus stops network consists of a combination of 34 sheltered (30 shelters with advertising panels and four without advertising panels; with benches and trash receptacles) and 43 unsheltered locations (with benches and trash receptacles only). There will be 30 shelter locations that will be replaced as part of this Project. The rest of the amenities, including the benches and trash receptacles, are owned by the City and will be removed, disposed of, and replaced as part of this Project by FMG under this agreement. There are four (4) bus stops with non-advertising bus shelters that are not part of this project located at the intersections of: Diamond Bar Blvd. and Temple Ave. and Golden Springs Dr. and Calbourne Dr. SPECIFICATIONS All work performed on bus stop sites/locations must conform to the latest Standard Specifications for Public Works Construction requirements and all applicable codes and regulations, including, but not limited to, the City Building and Electrical Codes. In addition, all work must comply with the conditions 5.9.a Packet Pg. 127 of the Public Works Permit issued for the Project and any and all other conditions of the Contract. FMG shall obtain any and all necessary permits prior to its performance of the Contract. The removal, disposal, furnish and installation of the bus stop shelters, benches and amenities shall be procured in accordance with the general specifications provided in these specifications. The bus stops are the "front door" or start of the rider's experience within the community. As such, the City’s windmill logo will be incorporated on the back panels of each bus stop shelter. Removal and Disposal The City and FMG will coordinate with CCO to schedule the removal of their bus stop shelters as part of this Project (disposal of all bus stop shelters is responsibility of CCO). Disposal of all amenities (benches and trash receptacles) within the bus stop shelters will be the responsibility of the FMG. Disposal of all benches and trash receptacles will be responsibility of the FMG. FMG shall perform the following 1) Removal and Disposal of eighty (80) amenities (benches and trash receptacles) from sheltered and un-sheltered bus stops (See Bid Schedule#1). 2) Procurement and installation of twenty-six (26) shelters at 25 locations with V-Kiosk advertising panels; with solar panels and amenities including benches and trash receptacles at currently bus stop locations (See Bid Schedule#2). 3) Procurement and installation of three (3) new bus stop shelters with V-Kiosk advertising panels; amenities including benches and trash receptacles; without solar panels. These sites are non- viable solar sites and will be connected to the existing 110 power connection and “stub-up” for illumination (See Bid Schedule#3). 4) Procurement and installation of one (1) new bus shelter with V-Kiosk advertising panels; amenities, including benches and trash receptacles; without solar panels. This site will require a new 110 power connection with a new conduit “stub-up” for illumination (See Bid Schedule#4). 5) Procurement and installation of forty-three (43) bus benches and trash receptacles at unsheltered bus stop locations (See Bid Schedule#5). 6) Full bus stop shelters concrete pads R&R at thirteen (13) locations (See Bid Schedule#6). NOTE: One (1) bus stop has 2 required pads. Liquidated Damages 5.9.a Packet Pg. 128 Work on the construction or installation of the first bus shelter shall begin within 30 calendar days after the Notice to Proceed (NTP) issuance. City encroachment permit application must be submitted within sixty (60) calendar days after the Contract has been awarded. Construction or installation of all shelters, including electrical connections, shall be completed within ninety (90) calendar days after the date that work commences on the first shelter. Installation of all forty-three (43) bus benches and trash receptacles shall be completed within ninety (90) calendar days after the first date that work commences on the first bench. Failure to perform, as required above, on any item will result in liquidated damages being assessed by the City in the sum of five hundred dollars ($500) for each calendar day the work remains incomplete beyond the 90 calendar days. Tolar manufacturing has a current lead time of 120-days. Claims Filing and Processing The City and Bidder agree to attempt to orally resolve any disputes which may give rise to a claim (hereafter, "Claim") that falls within the definition of Public Contract Code section 9204 (hereafter, "Section 9204"). If these efforts are unsuccessful, the City and Bidder shall process the Claim in accordance with Section 9204. In summary, if the Bidder decides to submit a Claim to the City, it shall be sent by registered or certified mail, return receipt requested, together with reasonable documentation to support the Claim. A Claim may include a Claim by a subcontractor or a lower tier subcontractor meeting the requirements of Section 9204(d)(5). Within 45 days of receipt of the Claim, or any extension thereof agreed upon by the City and the Bidder, the City will conduct a reasonable review of the Claim and provide the Bidder with a written statement identifying what portion of the Claim is disputed and what portion is undisputed. Payment of any undisputed portion of the Claim shall be made within 60 days after the City issues its written statement. If the City does not provide a written statement within the time specified, the Claim shall be deemed rejected. If the Bidder disputes the City's written statement or if the Claim is deemed rejected, the Bidder may demand in writing by registered or certified mail to the City, return receipt requested, an informal conference to meet and confer in an effort to settle the disputed portion of any Claim. Within 30 days of receipt of such written demand, the City shall schedule a meet and confer conference. If any portion of the Claim remains in dispute after the conference, the City shall, within 10 City business days of the conclusion of the conference, provide the Bidder with a written statement identifying any portion that remains in dispute and any portion that is undisputed. Payment of any undisputed portion shall be made within 60 days after the City issues its written statement. Any remaining disputed portion shall be submitted to nonbinding mediation in accordance with Section 9204(c)(2)(B), unless the Bidder and City waive the mediation upon mutual written agreement. 5.9.a Packet Pg. 129 Licenses And Permits FMG will provide the City with a detailed list of contractors and licenses for the work identified herein. The qualified Contractor shall hold a License A or B. FMG shall apply for a City business license and all necessary permits from the City to install the bus shelters and bus benches/trash receptacles. The City will issue "no-fee" permits, as required, which may include building, electrical, and construction and excavation permits required for the construction and installation of the bus shelters and benches and trash receptacles. Site, Design, And Construction Specifications The bus shelters and bus benches/trash receptacles to be considered for acceptance by City will conform to the following specifications. In the event a design differs materially from these specifications, a full description of the differences will be submitted. Shelter Design Specifications All structural steel, unless otherwise noted, shall be ASTM A-36, minimum yield strength 36,000 psi. All structural aluminum members, unless otherwise noted, shall be of alloy 6063-T5 or greater. All holes to be drilled or punched. Steel welding shall conform to the American Welding Society Standard D1.1-10. Electrodes shall conform to AWS 5.1, Class E70S-5. Aluminum welding shall conform to the American Welding Society Standard D1. 2-08. Electrodes shall conform to AWS/SFA class ER4043. All welding to be done at the FMG’s facility. All corporate procedures, including fabrication, will be in compliance with the Company's quality control manual. All shelters shall be of the same design, wherever used throughout the City unless alternate designs are approved by the City. Shelter shall be enclosed on two sides and covered. 5.9.a Packet Pg. 130 The roof shall be supported by four curved corner steel columns, aluminum clad, steel columns, or other similar construction materials. A roof overhang shall be designed in accordance with Exhibit C. The space between all glass, ad panels, and the sidewalk shall be a maximum of six (6) inches to accommodate a visually impaired touching cane. This may be accomplished with either a larger glass panel, a deeper bottom glass support, or a flange attached to the bottom of the glass support. All shelters shall be baked powder coat process color RAL 7011 Iron Grey. Final shelter design (sizes, roof types, etc.) are included in the attached exhibits. Allowable Size of Shelter: a. Height: 7'5/16" to 8’-2 15/16" b. Length: 16’- 8 3/8” c. Width: 4’-8” If a shelter is desired at a location that will not permit construction of the standard shelter meeting these allowable sizes, the City will consider design with exceptions. City Logo Art Each shelter shall have City’s Windmill Logo art achieved by printing art on top of the powder coat and sealing the art with a protective clear coat as shown in Exhibit C. City Logo format will be provided upon request by FMG. Advertising Panels V-Kiosk 2-door panels, two-sided, back-lighted ad panel per shelter will be allowed. Each ad panel side shall display no more than 25 square feet of advertising (fifty square feet total per shelter). All ad panels shall be constructed of metal and clear tempered glass, seamed and bugged. Two-8-watt LED strips per door. Battery and ECM controller inside of kiosk. All ad panels shall be locked or secured in a manner that will eliminate or discourage vandalism. Additional specifications are found in Exhibit C. Wheelchair Access All shelters shall be designed to accommodate wheelchairs. Expanded Metal Bench 5.9.a Packet Pg. 131 Minimum bench length: 8' Minimum bench width: 1'5” The bench shall be located such that a wheelchair can be placed alongside the bench within the shelter. All benches shall be baked powder coat process color RAL in Grey. The 8 feet expanded metal bus benches shall be manufactured per Exhibit D. The color of the 8 feet expanded metal benches shall be color RAL 7011 Iron Gray, zinc anchors. Metal Trash Receptacle Each bus stop (sheltered or unsheltered) shall have a 30-gallon expanded metal bus trash receptacle lid designed and placed to promote maximum usage by patrons. The receptacle and its cover shall be securely attached to the shelter or to the ground. The metal trash receptacle shall be manufactured per Exhibit E. All trash receptacles shall be baked powder coat process color RAL 7011 Iron Grey. Shelter Lighting Every shelter shall be illuminated by an overhead, energy-efficient LED lighting system concealed in the roof structure from dusk to dawn. Roof security light 8 watt round LED fixture, see Exhibit C. Photocell or other approved devices capable of activating each shelter lighting system shall be provided Shelter Drainage All shelters shall contain a roof gutter system to prevent dripping water over the edges. Water shall be drained through a downspout (s) located in the columns, with the water exiting at approximately sidewalk level. Glazing Anchorage No edge of any glass panel shall be exposed. All glass panels shall be securely contained and held at both top and bottom. The securing of all four edges is preferable. All post foundations shall be designed in accordance with the Uniform Building Code (UBC), the latest edition adopted by the City. 5.9.a Packet Pg. 132 Shelter Signage The name of the nearest cross street, where appropriate, shall be placed on the roof facia on both ends of the shelter. The minimum letter size for this sign shall be three (3) inches high and two and one-half (2 ½) inches wide with Highway Gothic font. Shelters and Amenities Site Construction The prefabricated shelters and amenities shall be assembled on site. No welding except for foundation works shall be permitted at the site. Non-viable Solar Site Locations Due to the location of the sites, it was found that some sites do not have adequate sunlight to fully charge the solar panel batteries. Four (4) non-viable locations to receive new bus stop shelters with V-Kiosk advertising panes, amenities and without solar panels. These sites will be connected to the existing 110V power connection and “stub-up” for illumination (See Exhibit F for their locations). Non-viable Solar Site with New Required Power Connection One site will require a new bus top shelter with V-Kiosk advertising panels, a new 110V power connection electrical run, and a new conduit “stub-up” for illumination (See Exhibit F for location). Additional details of the new power connection can be found in Exhibit G. Bus Stop Concrete Pad R&R Locations Fourteen (14) locations are identified for full bus shelter concrete pad replacements. The pad shall be reinforced to meet codes and loading conditions. All concrete shall conform to the latest Standard Plans for Public Works Construction (See Exhibit F for their locations). Exiting Bus Stop Shelter 110V Power Electrical Components Current bus stops shelter electrical component/connection details are provided in Exhibit H. Solar Power System The viable solar shelters shall be equipped with a solar-powered LED lighting system as manufactured by Urban Solar Corporation (urbansolar.com), 170-watt mono solar panel, solar number RAD 170 system or approved equivalent. The solar manual for installation & operating is attached as Exhibit I. BID SCHEDULES Bid Schedule: See attached. 5.9.a Packet Pg. 133 Page 1 of 5 Bid Schedule #1 – Removal and Disposal 5.9.a Packet Pg. 134 Page 2 of 5 Bid Schedule #2 – New Sheltered Bus Stops - Solar Powered Bid Schedule #3 – New Bus Stop Shelters and Amenities at Non-viable Solar Sites Item No.Bus Stop No.Unit Quantity Unit Price 1 3068 EB Diamond Bar Blvd NS Brea Canyon Rd SW LS 1 27,752.54$ 2 3082 WB Diamond Bar Blvd FS Brea Canyon Rd NW LS 1 27,752.54$ 3 3066 SB Diamond Bar Blvd FS Clear Creek Canyon Dr SW LS 1 27,752.54$ 4 1142 EB Diamond Bar Blvd FS Golden Springs Dr SE LS 1 27,752.54$ 5 1143 WB Diamond Bar Blvd NS Golden Springs Dr NW LS 2 55,505.08$ 6 3067 SB Diamond Bar Blvd FS Grand Ave SW LS 1 27,752.54$ 7 3088 NB Diamond Bar Blvd FS Grand Ave NE LS 1 27,752.54$ 8 3083 NB Diamond Bar Blvd NS Silver Hawk Dr SE LS 1 27,752.54$ 9 1147 EB Diamond Bar Blvd @ Diamond Bar Park/Ride (Pomona Fwy Ent)SE LS 1 27,752.54$ 10 3078 SB Diamond Bar Blvd FS Fountain Springs Rd SW LS 1 27,752.54$ 11 1145 SB Diamond Bar Blvd FS Highland Valley Rd SW LS 1 27,752.54$ 12 1149 EB Diamond Bar Blvd FS Sunset Crossing Rd NE LS 1 27,752.54$ 13 1150 WB Diamond Bar Blvd NS Sunset Crossing Rd NW LS 1 27,752.54$ 14 3061 SB Diamond Bar Blvd FS Tin Dr SW LS 1 27,752.54$ 15 1146 WB Diamond Bar Blvd (400 yds of)FS Gentle Springs Ln (Diamond Bar Rach)SW LS 1 27,752.54$ 16 1152 EB Diamond Bar Blvd (400 yds of)NS Palomino Dr (Gentle Springs Ln OPP)NE LS 1 27,752.54$ 17 1549 WB Golden Springs Dr NS Adel Ave NE LS 1 27,752.54$ 18 1551 EB Golden Springs Dr FS Brea Canyon Rd NE LS 1 27,752.54$ 19 1552 WB Golden Springs Dr FS Brea Canyon Rd NW LS 1 27,752.54$ 20 1556 NB Golden Springs Dr FS Diamond Bar Blvd NE LS 1 27,752.54$ 21 1568 EB Golden Springs Dr FS Grand Ave SE LS 1 27,752.54$ 22 1574 WB Golden Springs Dr FS Lemon Ave NW LS 1 27,752.54$ 23 1564 NB Golden Springs Dr NS Golden Prados Dr SE LS 1 27,752.54$ 24 1580 WB Golden Springs Dr NS Rapidview Dr NE LS 1 27,752.54$ 25 1579 EB Golden Springs Dr FS Rapidview Dr SE LS 1 27,752.54$ 26 721,566.04$ Location TOTAL Item No.Bus Stop No.Unit Quantity Unit Price 1 1144 NB Diamond Bar Blvd FS Highland Valley Rd NE LS 1 25,386.80$ 2 3087 NB Diamond Bar Blvd NS Quail Summit Dr SE LS 1 25,386.80$ 3 1573 EB Golden Springs Dr FS Lemon Ave SE LS 1 25,386.80$ 3 76,160.40$ Location TOTAL 5.9.a Packet Pg. 135 Page 3 of 5 Bid Schedule #4 – New Bus Stop Shelter and Amenities with a new 110 Power Connection Note: Approximately 75’ electrical run. Item No.Bus Stop No.Unit Quantity Unit Price 1 1577 WB Golden Springs Dr OPP Racquet Club Dr NW LS 1 32,389.33$ 32,389.33$ Location TOTAL 5.9.a Packet Pg. 136 Page 4 of 5 Bid Schedule #5 – Unsheltered Bus Stop Amenities (Benches and Trash Receptacles) Item No.Bus Stop No.Unit Quantity Unit Price 1 0016 NB Brea Canyon Rd FS Lycoming St NE LS 1 2,402.70$ 2 0017 SB Brea Canyon Rd NS Lycoming St NW LS 1 2,402.70$ 3 1098 EB Copley Dr (21660 Ent)@ Diamond Bar City Hall NE LS 1 2,402.70$ 4 1099 EB Copley Dr (21810 Diamond Bar City Hall)OPP AQMD Driveway NE LS 1 2,402.70$ 5 1097 WB Copley Dr (Across Diamond Bar City Hall)FS AQMD Driveway NW LS 1 2,402.70$ 6 3089 NB Diamond Bar Blvd FS Clear Creek Canyon Dr NE LS 1 2,402.70$ 7 3070 NB Diamond Bar Blvd NS Cold Spring Ln SE LS 1 2,402.70$ 8 3079 SB Diamond Bar Blvd NS Cold Spring Ln NW LS 1 2,402.70$ 9 3059 SB Diamond Bar Blvd NS Goldrush Dr NW LS 1 2,402.70$ 10 3091 NB Diamond Bar Blvd NS Goldrush Dr SE LS 1 2,402.70$ 11 3074 SB Diamond Bar Blvd NS Kiowa Crest Dr NW LS 1 2,402.70$ 12 3085 NB Diamond Bar Blvd NS Kiowa Crest Dr SE LS 1 2,402.70$ 13 3071 WB Diamond Bar Blvd FS Mountain Laurel Way NW LS 1 2,402.70$ 14 0014 NB Diamond Bar Blvd NS Mountain Laurel Way SE LS 1 2,402.70$ 15 3076 WB Diamond Bar Blvd FS Pathfinder Rd NW LS 1 2,402.70$ 16 3081 EB Diamond Bar Blvd NS Pathfinder Rd SW LS 1 2,402.70$ 17 3090 EB Diamond Bar Blvd FS Crestview Dr / Tin NE LS 1 2,402.70$ 18 1148 SB Diamond Bar Blvd NS Ent To 60 Fwy West NW LS 1 2,402.70$ 19 3073 EB Diamond Bar Blvd NS Fountain Springs Rd SW LS 1 2,402.70$ 20 3069 SB Diamond Bar Blvd FS Quail Summit Dr SW LS 1 2,402.70$ 21 3077 SB Diamond Bar Blvd NS Shadow Canyon Dr SW LS 1 2,402.70$ 22 1484 WB Gateway Ceter Dr FS Golden Springs Dr (Holiday Inn Ent)NW LS 1 2,402.70$ 23 1100 EB Gateway Ceter Dr FS Valley Vista Dr SE LS 1 2,402.70$ 24 2803 WB Gateway Ceter Dr NS Valley Vista Dr NE LS 1 2,402.70$ 25 1548 EB Golden Springs Dr NS Adel Ave SW LS 1 2,402.70$ 26 1557 WB Golden Springs Dr NS Diamond Bar Blvd NE LS 1 2,402.70$ 27 1558 WB Golden Springs Dr NS Ballena Dr NE LS 1 2,402.70$ 28 1587 EB Golden Springs Dr FS Ballena Dr SE LS 1 2,402.70$ 29 1554 EB Golden Springs Dr FS Carpio Dr SE LS 1 2,402.70$ 30 1555 WB Golden Springs Dr OPP Carpio Dr NE LS 1 2,402.70$ 31 1565 SB Golden Springs Dr NS Golden Prados Dr NW LS 1 2,402.70$ 32 1571 NB Golden Springs Dr NS High Knob Rd SE LS 1 2,402.70$ 33 1572 SB Golden Springs Dr FS High Knob Rd SW LS 1 2,402.70$ 34 1576 EB Golden Springs Dr FS Racquet Club Dr SE LS 1 2,402.70$ 35 1583 NB Golden Springs Dr NS Sabana Dr SE LS 1 2,402.70$ 36 1585 SB Golden Springs Dr NS Sabana Dr NW LS 1 2,402.70$ 37 1588 NB Golden Springs Dr FS Sunset Crossing Rd NE LS 1 2,402.70$ 38 1589 SB Golden Springs Dr FS Sunset Crossing Rd SW LS 1 2,402.70$ 39 1590 NB Golden Springs Dr FS Sylvan Glen Rd SE LS 1 2,402.70$ 40 1591 SB Golden Springs Dr OPP Sylvan Glen Rd SW LS 1 2,402.70$ 41 0001 SB Temple Ave FS Diamond Bar Blvd SW LS 1 2,402.70$ 42 0725 SB Temple Ave (Avenida Rancheros)FS Golden Springs Dr SE LS 1 2,402.70$ 43 1550 SB Golden Springs Dr FS Temple Ave SW LS 1 2,402.70$ 43 103,316.10$ Location TOTAL 5.9.a Packet Pg. 137 Page 5 of 5 Bid Schedule #6 – Bus Stop Shelter Concrete Pads R&R Item No.Bus Stop No.Unit Quantity Estimated Quantity Unit Price 1 3068 EB Diamond Bar Blvd NS Brea Canyon Rd SW SF 1 190 10,935.45$ 2 1142 EB Diamond Bar Blvd FS Golden Springs Dr SE SF 1 190 10,935.45$ 3 1143 WB Diamond Bar Blvd NS Golden Springs Dr NW SF 2 380 18,468.76$ 4 1144 NB Diamond Bar Blvd FS Highland Valley Rd NE SF 1 190 10,935.45$ 5 1145 SB Diamond Bar Blvd FS Highland Valley Rd SW SF 1 190 10,935.45$ 6 1149 EB Diamond Bar Blvd FS Sunset Crossing Rd NE SF 1 190 10,935.45$ 7 1150 WB Diamond Bar Blvd NS Sunset Crossing Rd NW SF 1 190 10,935.45$ 8 1146 WB Diamond Bar Blvd (400 yds of)FS Gentle Springs Ln (Diamond Bar Rach)SW SF 1 190 10,935.45$ 9 1552 WB Golden Springs Dr FS Brea Canyon Rd NW SF 1 190 10,935.45$ 10 1574 WB Golden Springs Dr FS Lemon Ave NW SF 1 190 10,935.45$ 11 1564 NB Golden Springs Dr NS Golden Prados Dr SE SF 1 190 10,935.45$ 12 1577 WB Golden Springs Dr OPP Racquet Club Dr NW SF 1 190 10,935.45$ 13 1580 WB Golden Springs Dr NS Rapidview Dr NE SF 1 190 10,935.45$ 14 149,694.16$ Location TOTAL 5.9.a Packet Pg. 138 EXHIBIT A PUBLIC WORKS Unsheltered Bus Stops (50 Locations) SHEET 2 of 2 NTS Original Unsheltered Bus Stops (50 Locations) LEGEND Unsheltered Bus Stops; to be Replaced In-kind Unsheltered Bus Stop to be Replaced w/ Sheltered Bus Stop moved from Grand/GSD (GSD and Racquet Club Dr) Bus Routes City Boundary 5.9.aPacket Pg. 139 EXHIBIT B PUBLIC WORKS Sheltered Bus Stops (34 Locations) SHEET 1 of 2 NTS Original Bus Shelter (32 Locations) LEGEND Existing Original Bus Shelters; to be Replaced 2020 Upgraded Shelters (DBB/Temple Ave.); Excluded from Citywide Bus Shelter Replacement Project Sheltered Bus Stop to Move from Grand/GSD to GSD and Racquet Club Dr Bus Routes City Boundary 2020 Upgraded Bus Shelter (2 Locations) AD PANEL 5.9.aPacket Pg. 140 5.9.a Packet Pg. 141 5.9.a Packet Pg. 142 5.9.a Packet Pg. 143 ·|}þ60 ·|}þ60 ·|}þ57 ·|}þ57 DIAMOND BAR BLGRAND AVG O L D E N S P R GS DR RIDGELINE RDPATHFINDER RDLONGVIEW DRBREA CANYON RDGOLDEN SPRINGS DRDEL SOL LNLYCOMING ST C H IN O H I L L S PKWYLEYLAND DRP A LO M IN O D R PANTERA DR D E C O R A H R D STEE P L ECHASE LNSUMMITRIDGE DRSUNSET CROSNG RD PROSPECTORS RD CASTLE ROCK RDARMITOS PLWAGON TRAIN LN DERRINGER LNBLAZE T R A ILGOLDRUSH DRMAPLE HILL RDCOPLEY DRLEMON AVCOLD SPRI NG LNN A N C T BALLENA DR AMBUSHERS STRIO LOBOS RD CLEAR CREEK LNG OLDEN P R A DOS DRMORNI NG CANYON RDHAWKWOOD RDFLINTLO CK R D FALLOW FIELD DROAK K N O LL D R HIGH KNOB RD B IR D S E Y E D R SYLVAN GLE N R D ROCK RIVER RDMTN LAUREL WYWALNUT DRROCK RIVER DR DELTA D RCALBOURNE DR PLATINA DRWINDMILL DRVIA SORELLAPIN T A D O D R CALPET DRSANTAQUIN DR RIM LN RED CLOUD DRMEADOWGLEN RDGUNSMOKE DRC A R P I O D R FALCONS V IE W D R DRY CREEK RD ANO NUEV O D R KIO W A CRE ST D RVALLEY VISTA DRFERN HOLL O W D R JUBILEE LNR U N N IN G BRANCH RDSILVER HAWK DRBRIDGE GATE DRG R EAT BEND DR DEERFIELD ACACI A HI L L R D FALCON RIDGE RDRA PID VIE W DR LINCOLN AVLOOKING GLA S S D RH I G H L A N D V L Y R D COUNTRY PARK RD TRIGGER LN PALO CEDRO DRPEACEFUL HILLS RDSTIRRUP DRF L I N T G A T E D R MONTEFINO AV BIRCH HILL DR CRESTVIEW DRSPRUCE TREE DRFARBEN DRWILLOW CREEKTERRACE LANECANYON RIDGE RD H IG H C R E ST DRGOLD NUGGET AV MINNEQUA DR BEAVERHEAD DRT H U N D E R T R SAPPHIRE LN B O W CREEK DRPEACEFUL HLS RDCHIRPIN G S P A R R O W R D NORTHAMPTON ST QUAIL RUN DR S RANCHERIA R D GERNDAL S T BELLA PINE DR Q U A IL S U M M IT DR SUNBRIG HT D R DARRIN DRC R Y S T A ; RI DGEI RONBAR K DR CR E S TL I NE DRBREA C A NYO N CUTOFF RD G L E N B R O O K D R C HARMI NGDALE RDB R A I DED MANE DRDUBLIN LNM O O N L A K E S TINDIAN CREEK RDAFAMAD O L N C L E AR CRK CYN DRROLLING KNOLL RDCOYOTE SPRINGS D R GOL D R UN DRT O PAZ LN CHISOLM TL DR LARKSTONE DR O V E R LO O K R D G E R D CAN YO N VISTA C T SEAGREEN DR EL ENCINO DRFEATHERWOOD DREMERALD LNCROOKED CREEK DRCAPEN AVCLIFFBRANCH DRBARBI LN AS P E N GROVE L N BREA CANYONSUGARPI NE PLMILL LN BROOKWOOD DR GREYCLOUD LND A M IE T TA DR BENT TWIG LNWINTERWOOD LNHAPPY HOLLOW RD LAVENDE R D R LOST RIVER DR FOUNTAIN SPRINGS RDGLENWICK AVBOWER CASCADE PLADEL AVLODGE POLE LN FAIRLANCE DR RADBURY PL HONEYHILL D R KELFIELD DRALAM O HEI G H TS DRBIG FALLS DRB E N F I E L D P L R IM FIRE LNDEE P S P R I N GS DR SHADOW CANYO N RDB RE GA N T E DR SHADED WOOD RDS A N L E ANDRO D R INDIAN WELL DRWA SHINGTON ST RIMFORDGERNSIDE DRCOUNTRY VIEW DR EVERGREN S PRI NGS DRPECAN GROVE D R HIGH COUNTRY DR SILVER CLOUD DR F ALCONS VIEW G ATEWA Y C E N TER D R RO C K Y VIE W R D NAVAJO SPRING RDSHANNON CTSI LVER LNVI EW LN BRIDLE DRWILLOW B U D DR WAGON TRAIL RD B E N T L E Y W A Y FOREST C A N Y O N D R TINTAH DR RUSTY SPUR RD EASTGATE DRTWIN CANYON LNL A Z Y M E A D O W DR COTTONWD COV E D R STARSHINE RDWIL LAPA LN SENECA PLEAGL E NEST DR HO LLO W PIN E DRLAURELRIM DR A CFOLD DR STARDUST D RPINTO MES A D R PRESADO DRCOVERED WAGON DRLAZY TRAIL RDSOFTWIND DR SILVER R A IN DRDEEP HILL RDSILVER FIR RDL E A NI NG PINE DRE L V A D O HIGHBLUFF DREL ENCINOE O AK M E A D O W LN TIMBERLINE LN DIAMOND KNOLL LN AUTUMNGLOW DR RID G E C R EST C T C LAYW O O D D R GRUBSTAKE DRS DIA M O N D C A N Y O N RD SHADY RIDGE LNLYONWOOD AVSHADY PL GE M P L ELDERTREE DRROCK Y TRAIL R DBLEN A R M D RWYNNEWOOD DRB A R KER DRSAPPHIRE CYN RD EVERGREN SPINGGS DRMILKYWAY PLLA KEW AY DRROCKBURY DR VALEVIEW DRSILVERTIP DRV I E NT O VERANO DR BLENBURY DR DRYANDER DR JASO N PLCLEGHORN DRCLORINDA DR CHOLAME D R WOODBRID G E CTFO X GLEN DRAUTUM HILL RDBAI N AVW A TER COU R S E DRSTRONGBOW DRPEBBLEWOOD DRFALCONBURN WY CEDARDALE DR FER N P L CASA LOMA DRSKYLINE DR RAI NB O W PL MANE DR EAGLEFEN DRBROKEN FEAT H E R RDJADE CT BRAMFORD CTTIERRA LOMA DR B O X C OVE PLSILVER SPRAY DRLOS CERROS DRDIAMOND POINTE LN SUNWOOD D R HILTON HEAD DRBROKEN AR R O W D RHAR D Y D R SENTRY DRROCKBRIDGE RDTIN DR R ANGE CTH A RE AVG R E E N S ID E D R T O RITO LN S O L ERA LN TRUEGRIT PL ST IVES CT E A R L G A T E S T NEWBURY WYSPRING W O O D D RFAREL AVD EEPLAWN DR S TEEP C A NYON RD DOESKIN PL RISING STAR DRH E R N D R MIS SIO N AR Y R G ST DOLE CTRIDGE POINT DRCHAPPARAL DRCHAN D E L L E P L MEADCLIFF PLSUMMERWOOD AVVANTAGE DRRUBY CTBANNER RIDGEFIREPIT DRHARMONY H IL L D R W OODLEAF DR RUST I C C T ASPEN KNO L L D R ANTLER DR BRI AR CREEK RDCHARDONNAY DRPAINT BR U S H L N WHITE C LIF F DRWINDW OO D D R E S T O R I L DRCLIM BER DRMIRAGE L N C L E A R V I E W C R EST DR ENRIQUEZ DRG R E Y C R EST PLP R O S P E C T V L Y D R HIDDEN PINES DR M E A D O W F A LLS D R WHITE S T AR D R CA MERON CREST D R PENARTH AVCRESTMONT DR S T R A N G E C R E E K D R NORTHVIEW PLE OAK CREST DRDEER C ROSSING DRRANCHERIA B L E N FIE L D P L COGBURN LNSUNBLUFF DRG OLD CANYON DRC ROW F O O T LNCHI NOOK PLGOLDPOINT PLROSEGATE PL RANCHWOOD PLROBINBROOK PL F O XHAVEN P L COPPER MTN DRSABANA DR ADAMSGROVE A V CROMARTY DR LITTLE QUAIL AVPANHANDLE DRE A G L ESPUR RD TIOGA DR RITTER STKI NGLAKE DRAMBERWICK P LDARRIN STCOLDSTREAM CTBL U FF C T KICKING HORSE DRW A L N U T DR STOP CT EDDRIDGE DR GLENCLAIRE DRC LIFFSIDE LN MISTY CTBRON Z E KNOLL RD GARZON P LA HT ENA DR MONUMENT CAN Y O N D R V I S T A BUENA DRHIPASS DR CREST LN GINGERWOOD PL KNOLL C TB E L L O W S C TFLAPJACK DR TWIN PINES L N HOPI STSHADEHILL PLD EVON PLCELL O DR MOUNT STREDGATE CRBEARS DEN RDP IK E S C T DIAMOND CTPEAK C T RAPID BR O O K RD ALBARIZ A PLFEATHER ROCK RD PINEHILL L NC A N D LER CTGLENTHORPE DRPORTO GRANDE D R BRONCO LN LA B O NITA RD STONECREST PLC A N Y ON VIEW RD SAND RIDGE R DDARIUS AVPINEFALLS AVJULIAN CTHOSS STLARK SPRING TEB O DEGA WY BUTT E RN UT W Y WAYSIDE P L G L E N W O L D D R LASPI NO L NJEW EL CTTIMBERTO P L N GREENWICH C T HILLM AR DR TO LANI CTBOULDER LN CAMARITAS DRMONTURA DR DARE CTMAL A G E CIR BENI CI A RDO N A W A P L VISTA CTHIGHBL U F F R D GAZEBO CT COOL SPRIN G S D R R U S T Y P U MP R D MARC CTTANFORAN L N BROKEN TW I G R D CYPRESS G R OVE LN SPENCER PL SUNNYCR E ST LASSO DR TRUSS CT OXBOW CTCOTTER RIM LNSHADY HILLS DRRED BLUFF LN CARRISO RDC OU G AS C REEK R D S OAK VALLEY PLEAGLECREST PLHADDOCK DR FAIRWIND LN FIR E HOLLOW DR RAINWOOD DR Y U C A T A N P LPASCO C T SUNSET CRS RD NF MISSIONA R Y R ID G E S T MACENTA LNRIEGO DR A C OLIT O PL TAMBO PL TENDERFO OT W AY GABLE CT MENSHA CTREXF O R D CT CLAYHORN DR FI BRE C T OATES DRPLEASANT MEADOW RD SIMS PLVALP ICO PLREDPOS T C T CRESTBR O O K C T RED FIR LNBAFT LN W O O D H IL L C R BANBROOK LN PASEO DE TORRADOPASADO DRGONA CTNARATO PLG R E YFIELD LNHIDEOUT DR STAR C T S T O N E P IN E D R WOODS P RI NG P L BANNING WYL E L A D R CANYON PARK DRBRECKENR I D G E C T RUNNING RIVER CT A R KLE Y D R WINDSONG CTPEB BL E L NELKS RAPID LNKID D D R CAHILL PLTREND CT ALDA CTCHARWOOD PL PATHFINDER RD NF ROCKRIDGE LNMAPACHE DR BARBERRY DRC O S TILL A D R SOLTAI RE STGIDE CTP E N R O S E C TCAMBON AVTELLGATE DR CROLL CT DAB CTGEO RG E LNCL OUDS RE ST DRBENT OAK RD RAZZ AK CI RCALMBROOK LNCOPPER CANYON DR PALO CEDRO DRGON A CTPORTO GRANDE DR SUNBRIGHT DRTORITO LN DEL SOL L N M O O N L A K E S T M EADOW FALLS DRCROOKE D C R E E K D R TRIGGER LN CASTLE ROCK RDBREA CANYON RDSILVER CLOUD DR CASTLE ROCK RDE L ENCI NOSILVER SPRAY DRRISING STAR DRBIRDS E Y E D RPENARTH AVPL AT I NA DRD E L S O L L N EARLGAT E S T INDIAN CREEK RDCROOKED CREEK DRLEMON AV PROSPECT VLY DRCAMARITAS DRCity of Diamond BarParcels 0 1 2Milesµ City Boundary Parcels Source: City of Diamond Bar (Planning Dept) 11/12/2010J:\!GISProjects\Departments\Planning\ParcelMap_Marcel_Maps_DA Los AngelesCounty San BernardinoCounty OrangeCounty RiversideCounty 5.9.a Packet Pg. 144 5.9.a Packet Pg. 145 EXHIBIT H SHEET 1 OF 1 Existing Electrical Components DATE:PREPARED BY: DEPARTMENT OF PUBLIC WORKS 5.9.a Packet Pg. 146 Contents Safety Information 2 Contents 3 Introduction 4 Primary System Components 5 Model Numbers/System Configuration 6 Exploded View Example of a Typical System 7 Installation & Assembly Overview 9 Power-up and functional test 27 System Self-Testing 28 Self-Testing 28 Troubleshooting at Installation 30 Maintenance 35 Batteries 35 Contact and Re-order Information 35 RMS RAD PV Shelter UrbanSolarCorp.com | Installation and Operation Manual | Revised 02/19/2021 - 3 - 5.9.a Packet Pg. 147 RMS RAD PV SHELTER SERIES Transit Shelter Solar-Powered LED Lighting System RMS RAD PV Shelter UrbanSolarCorp.com | Installation and Operation Manual | Revised 02/19/2021 - 1 - 5.9.a Packet Pg. 148 Safety Information Notice Thoroughly read these instructions and familiarize yourself with the equipment before installing, operating, servicing or maintaining it. The following message warns of potential hazards and offers inductions to avoid them. This equipment should be installed, operated, serviced, and maintained only by qualified personnel. A qualified person is one who has skills and knowledge related to the construction and operation of this equipment and its installation and has received safety training to recognize and avoid the hazards involved. RMS RAD PV Shelter UrbanSolarCorp.com | Installation and Operation Manual | Revised 02/19/2021 - 2 - 5.9.a Packet Pg. 149 Introduction The Urban Solar Corporation RMS RAD stand-alone solar powered LED lighting system has been designed specifically to meet the requirements for security lighting in barrel roof type transit shelters and also to provide advertising panel illumination. The system has been engineered to integrate with the shelter’s curved roof mechanical design in order to provide an aesthetic look and a simple installation procedure. The RMS RAD series has been rigorously tested and is listed by Underwriters Laboratories (UL-Listed). The solar engine sizes available range from 80W to 340W depending on the geographic location and the specific lighting requirements for the bus shelter. All of the RAD series modules are designed to fit curved shelter roofs with radii of curvature ranging from 42” to 93”. RMS RAD PV Shelter UrbanSolarCorp.com | Installation and Operation Manual | Revised 02/19/2021 - 4 - 5.9.a Packet Pg. 150 Primary System Components The RMS RAD shelter lighting system provides lighting using state-of-the-art LEDs, batteries and solar panels, integrated with an intelligent, programmable energy control module (ECM). Electricity generated by the solar panels flows to the ECM which regulates the charging of the battery bank and controls power to the LEDs. The ECM is factory-programmed to provide variable calendar-based lighting profiles (on time duration and intensity) to match the available solar insolation and user preferences. The main system components are described below: PV Array (solar module) - The PV array consists of one or more solar modules mounted to a metal enclosure. The solar panel array size is selected to provide enough solar charging for the system to operate dusk till dawn, at a specific brightness level, year-round at a given geographical location. Batteries - The battery bank is composed of multiple, 18 amp-hour 12-volt cells, with quantity depending on the system size. They are sealed, lead acid, rechargeable, and provide a minimum of 5 days autonomy (i.e. the system could operate for at least 5 days with no solar charging – for example during heavy snowfall). Luminaires - The LED luminaire contains high power white LEDs. The luminaires are driven well below their maximum power rating to increase efficiency and extend the already long life. ECM - The Energy Control Module is the central control of the lighting system. It controls battery charging and regulates the power to the LED luminaires. The ECM also monitors the system performance to ensure the batteries will not be damaged by overcharging and will turn off the LEDs if the battery voltage falls below the low voltage disconnect (LVD) setting. Once the batteries have been sufficiently charged above the LVD, the ECM will turn the LEDs back on again. Operating Profile – The RMS RAD has a built-in programmable energy control module (ECM) that is pre-programmed at the factory to set a calendar-based operating profile to maximize the light intensity and duration based on NASA solar insolation data for the region. RMS RAD PV Shelter UrbanSolarCorp.com | Installation and Operation Manual | Revised 02/19/2021 - 5 - 5.9.a Packet Pg. 151 Data Logging / Retrieval - The ECM keeps a daily log of critical operating parameters such as battery voltage, solar panel and LED current. This data can be retrieved in the field in order to assess the system performance. Model Numbers/System Configuration The RMS RAD series is available with several sizes and configurations. Typically, the RMS RAD series systems are configured for both security lighting inside the shelter, as well as advertising panel lighting inside the ad-box. The basic system has one LED security light in the shelter ceiling, and two LED strip lights inside the ad-box. However, systems can be sized and configured to have additional LED lights for both security lighting and ad-panel lighting. The number of batteries used depends on the system size and LED configuration, as well as the location and specific lighting requirements for on-time and brightness. Typically, systems are configured with 6-10 batteries connected in parallel. Note: Battery and complete system wiring diagrams are included in this manual for various system configurations. It is imperative that the wiring of the batteries is done according to these diagrams. Failure to complete the battery and system wiring exactly as shown can result in damage to the lighting system components, controllers, or the batteries. Incorrect wiring can also lead to premature battery failure due to imbalance charging and loading of the batteries. RMS RAD PV Shelter UrbanSolarCorp.com | Installation and Operation Manual | Revised 02/19/2021 - 6 - 5.9.a Packet Pg. 152 Exploded View Example of a Typical System Figure 1. RMS RAD PV Shelter UrbanSolarCorp.com | Installation and Operation Manual | Revised 02/19/2021 - 7 - 5.9.a Packet Pg. 153 Figure 2. RMS RAD PV Shelter UrbanSolarCorp.com | Installation and Operation Manual | Revised 02/19/2021 - 8 - 5.9.a Packet Pg. 154 Figure 3. Figure 4. RMS RAD PV Shelter UrbanSolarCorp.com | Installation and Operation Manual | Revised 02/19/2021 - 9 - 5.9.a Packet Pg. 155 Installation & Assembly Overview Important: Failure to follow these procedures may result in system damage and failure. The order of operations when connecting LEDs, batteries, and solar panels is critical. The sequence for electrical connections is as follows: >Connect LED harnesses to the ECM and install LED fuses. >Connect main battery harnesses to the ECM. >Connect Solar Panels to the ECM. >Turn ON Battery Circuit Breaker >Turn ON Solar Circuit Breaker The reverse order should be followed if it becomes necessary to troubleshoot the system or to replace any of the system components. Always disconnect solar first! Note: Do not attempt to connect the LEDs or cut/splice the LED wires with solar and/or battery power. Applied or permanent damage to the ECM may occur. Always turn off ALL circuit breakers before connecting, cutting, or splicing LED harnesses. >Install LED fixtures and wiring per wiring schematic. Run LED wires back to approximate location of power modules. >Install Power Modules on shelter roof using mounting feet and / or mounting rails provided. >Route LED wiring into power module – use appropriate wire conduit and sealed connectors where required. >Install batteries and complete battery and solar wiring – refer to wiring schematic. >Power-up system by turning ON the Battery and Solar circuit breakers. RMS RAD PV Shelter UrbanSolarCorp.com | Installation and Operation Manual | Revised 02/19/2021 - 10 - 5.9.a Packet Pg. 156 Installation – Detailed Procedures Install LED fixtures and route LED wiring to power module. Caution – Do not attempt to cut LED wire harnesses or splice LED wires with battery or solar power connected. If wires are cut with battery and / or solar connected, the ECM will be damaged. Remove all fuses and/or turn off all circuit breakers prior to wiring LEDs. Critical – LEDs have 3 color coded wires to connect: Red Wire = 12V+ Black Wire = 12V- White Wire = Dimming Control – the white wire MUST be connected!!! Failure to connect all 3 of the wires correctly will result in system failure. Figure 5. Round LED Fixture with Housing RMS RAD PV Shelter UrbanSolarCorp.com | Installation and Operation Manual | Revised 02/19/2021 - 11 - 5.9.a Packet Pg. 157 Figure 6. Determine an appropriate location for mounting the LED fixture over the interior ceiling rib near the center of the shelter. (The LED wire harness may have been pre-run by the shelter manufacturer, and the location will have been predetermined.) Drill a 7/8” hole through the ceiling structural rib and roof rib, then run the LED wiring to the approximate location of the power module on top of the shelter roof – leave some extra cable to work with. A liquid-tight cable grip should be used on the topside roof rib to ensure that water does not leak into the shelter. Mount the LED fixture housing using provided hardware or TEK screws. Pull LED wires from the topside power module location and into LED fixture housing. Connect LED harness and secure the LED into the housing using the security screws provided. Note: In some cases, there may be excess wire coiled inside the fixture housing or a connector on the LED fixture. If there is, then it is advised that the installer cut off the excess wire instead. The connectors will be cut off and excess wire trimmed back – the connection will then be made using wire nuts. RMS RAD PV Shelter UrbanSolarCorp.com | Installation and Operation Manual | Revised 02/19/2021 - 12 - 5.9.a Packet Pg. 158 Figure 7. RMS RAD PV Shelter UrbanSolarCorp.com | Installation and Operation Manual | Revised 02/19/2021 - 13 - 5.9.a Packet Pg. 159 Install LEDs in Ad Box LED strip fixtures are provided for ad-box lighting. Typically, these fixtures are mounted in the top of the ad-box as shown in Figure 8. Figure 8. Typically, there are two or three LED fixtures installed – they should be spaced evenly on the top of the ad-box frame. Fixtures can be secured from the inside with TEK screws as shown. However, if the TEK screws will puncture the top of the ad-box, water can potentially leak through. In this case, be sure to use appropriate hardware with rubber washers on the top side of the ad-box. RMS RAD PV Shelter UrbanSolarCorp.com | Installation and Operation Manual | Revised 02/19/2021 - 14 - 5.9.a Packet Pg. 160 Figure 9. The ad-box LED wiring is provided. Use the short 12” jumpers to connect the LEDs together, then run the longer LED jumper cable from the second connector on one of the LEDs through a sealed wire grip or conduit connection and through the top of the ad-box and back to the power module location. An appropriately sized, flexible conduit should be used to run the LED wiring back to the power module location. This will be done after the power module(s) is installed on the shelter roof. Note: The LED fixtures each have two connectors. These are parallel connections – it does not matter which connector is used to make the connection to the LED. RMS RAD PV Shelter UrbanSolarCorp.com | Installation and Operation Manual | Revised 02/19/2021 - 15 - 5.9.a Packet Pg. 161 Figure 10. Install power module(s) on shelter roof. The RMS RAD power modules can be mounted directly to the shelter roof ribs using the mounting feet provided, or if necessary, using the mounting rails to span the roof ribs. TEK screws will be used to secure the rails to the roof ribs, and – after wiring is completed – TEK screws will be used to secure power modules to the rails. Once the location for the power modules has been determined, the wiring for the LED fixtures will be run into the power modules. This should be done before securing the power modules to the roof. Note – only one power module will contain an ECM controller – the LED wiring will be run into that power module with the ECM inside. RMS RAD PV Shelter UrbanSolarCorp.com | Installation and Operation Manual | Revised 02/19/2021 - 16 - 5.9.a Packet Pg. 162 Position the power modules near the center of the shelter, or as specified by the Transit Authority. Two examples are shown below in Figure 11. Figure 11. RMS RAD PV Shelter UrbanSolarCorp.com | Installation and Operation Manual | Revised 02/19/2021 - 17 - 5.9.a Packet Pg. 163 Figure 12. Run the wiring for the security LED to the inside of the power module. If one of the power modules is located directly above the location of the security LED fixture, then the LED wiring can be pulled through the roof (using a sealed wire grip) and directly into the power module containing the ECM. In this case it is not necessary to use conduit as there will be no exposed wiring – the wiring will be hidden under the power module. RMS RAD PV Shelter UrbanSolarCorp.com | Installation and Operation Manual | Revised 02/19/2021 - 18 - 5.9.a Packet Pg. 164 Figure 13. If the power module is not directly above the security LED fixture, then a short run of flexible conduit with sealed connectors should be used to ensure there is no exposed wiring. The conduit should be secured to the roof using the appropriate hardware and cable clamps as shown in Figure 14. RMS RAD PV Shelter UrbanSolarCorp.com | Installation and Operation Manual | Revised 02/19/2021 - 19 - 5.9.a Packet Pg. 165 Figure 14. Run the wiring for the ad-box LEDs to the power module. Since all shelter architectures are different, the method of running the ad-box LED wiring to the power module will change from shelter to shelter. Typically, this is done using flexible conduit as shown in Figure 15. The conduit is run from the underside of the power module, through the shelter roof, and into the ad-box. All connection points use sealed wire and conduit connectors. Secure conduit using straps and hardware as shown. Do not leave exposed wiring – this will invariably lead to vandalism and potential damage to the system. Bring the LED wires into the power module containing the ECM through one of the grommets. The connections to the ECM will be made later. RMS RAD PV Shelter UrbanSolarCorp.com | Installation and Operation Manual | Revised 02/19/2021 - 20 - 5.9.a Packet Pg. 166 Figure 15. Run the solar module wiring into the power module with ECM. Run all solar wiring through the grommets and into the module containing the ECM. The solar wires will be trimmed and stripped to make connections to the ECM solar input. This will be done after the batteries are installed. RMS RAD PV Shelter UrbanSolarCorp.com | Installation and Operation Manual | Revised 02/19/2021 - 21 - 5.9.a Packet Pg. 167 RMS RAD PV Shelter UrbanSolarCorp.com | Installation and Operation Manual | Revised 02/19/2021 - 22 - 5.9.a Packet Pg. 168 Batteries Wired in Parallel If using more than 4 batteries, then batteries will be split into two equal banks as shown above. Each battery is supplied with an individual harness which connects to a master harness a detailed in the wiring diagram. Place batteries into the battery trays as shown and install battery wiring. It is easiest to wire the batteries standing up. After the batteries are wired, they can be placed on their side in the battery trays. Be sure the terminals are on the top side as shown in Figures 17 and 18. Figure 17. Figure 18. Note: Battery terminal torque specification is 4 ft-lbs. (50 inch-lbs.). Exceeding this specification could cause damage to the terminals and result in electrolyte leakage and corrosion. After the batteries have been installed and wired, silicone based anti-corrosion protection spray must be applied generously to the battery terminals and harness ring terminals to help reduce moisture and corrosion. RMS RAD PV Shelter UrbanSolarCorp.com | Installation and Operation Manual | Revised 02/19/2021 - 23 - 5.9.a Packet Pg. 169 Install ECM and prepare to make LED, battery, and solar connections. Refer to the wiring diagram. It is best to place the ECM in one of the battery trays on the opposite side of the batteries, as shown below. This allows for more room for all the wiring. The wiring from the batteries, solar panels and LED harnesses should be fed to the ECM via the circular holes with grommets in the battery trays. Figure 19. RMS RAD PV Shelter UrbanSolarCorp.com | Installation and Operation Manual | Revised 02/19/2021 - 24 - 5.9.a Packet Pg. 170 The ECM has fused connections for 2 LED channels, Solar Panels, Batteries, and Remote test switch. All harnesses are clearly labelled. Important: Failure to follow these procedures may result in system damage and failure. The order of operations when connecting LEDs, batteries and solar panels is critical. The sequence for electrical connections is as follows: Note: Systems are equipped with circuit breakers. Be sure all breakers are in the OFF position before making connections to LEDs. >Connect LED harnesses to the ECM and install LED inline fuses in the LED harnesses. >Connect main battery harnesses to the ECM as shown in wiring diagram. >Connect Solar Panels to the ECM as shown in wiring diagram. >Turn ON Battery circuit breaker. >Turn ON Solar circuit breaker(s). The reverse order should be followed if it becomes necessary to troubleshoot the system or replace any components. Always disconnect solar first by turning off the solar breaker(s). Important Note: Do not attempt to connect the LEDs or cut/splice the LED wires with solar and/or battery power applied or permanent damage to the ECM may occur. Always turn off ALL breakers before connecting, cutting or splicing LED harnesses. Connect the ad-box and security LEDs to the ECM. The LED harness from the ad-box LEDs is connected to ECM LED channel 1 labelled “ad-box LEDs”. The harness from the security LED inside the shelter is connected to ECM channel 2 labelled “security LED”. Note: In some cases, the connectors on the LED harnesses may have to be cut off and the LED connections made using wire nuts. In this case be sure to remove all fuses and turn off all breakers before attempting to strip the LED wires and make connections. RMS RAD PV Shelter UrbanSolarCorp.com | Installation and Operation Manual | Revised 02/19/2021 - 25 - 5.9.a Packet Pg. 171 Connect ECM to Battery Bank Remove all fuses and turn off all breakers. The ECM has clearly labelled harnesses for the main battery connections. Feed the ECM battery harnesses into the battery tray, then connect the ECM battery harnesses to the battery bank exactly as shown in the wiring diagram. Connect Solar Panels There will be 2 heavy gauge black cables from each solar panel. Make sure to identify which are positive and which are negative. If in doubt, use a voltmeter to verify. Solar panel leads are labelled. Refer to the wire diagram – the panels are connected in parallel with the ECM. Each Panel positive lead is connected to a circuit breaker as shown in the wiring diagram. Caution: Solar Panels are live and producing current. Only cut through one solar panel lead at a time and avoid allowing the bare leads to contact any metal. Secure solar power modules to roof. Make sure all wiring is complete and that there is no exposed or sloppy wiring prior to securing power modules to the roof. Make sure the power modules are properly aligned and centered on the shelter. Secure power modules using TEK screws or appropriate fasteners/rails etc. for the specific shelter architecture. Secure and tidy up all wiring. Make sure all wiring is neat and tight. Wire ties can be used where necessary. Make sure that there will be no pinched wires once the module covers are installed. Inspect all connections and double check the wiring diagram to ensure correct wiring. RMS RAD PV Shelter UrbanSolarCorp.com | Installation and Operation Manual | Revised 02/19/2021 - 26 - 5.9.a Packet Pg. 172 Power-up and functional test Insert the fuses into the LED channel 1 and LED channel 2 harnesses. Make sure fuses are properly seated in the fuse holders. Flip the battery circuit breaker to the ON position. The LEDs should flash very briefly, and then after 5 to 30 seconds the LEDs will turn ON and remain ON. Note – the ad-box LEDs may turn on 1st, and after as much as 20 seconds the security LED will turn on. The LEDs will only be at a low intensity at this time. If the LEDs do not turn on, there is a problem with the wiring. Check all connections are correct - refer to the wiring schematic. Flip the solar panel circuit breaker(s) to the ON position. After approximately 5 to 30 seconds, the lights should turn off once the system recognizes that the solar panel is producing charge current and the battery voltage reaches a pre-programmed level. Note: If the lights do not turn off when the solar panel is connected, or if they turn off and then turn on again after a few minutes, this is not necessarily a problem with the system. The LEDs are programmed to turn ON and OFF at specific times, and with specific battery and solar voltages. However, it may take 24 hours for the system to “self-calibrate”. RMS RAD PV Shelter UrbanSolarCorp.com | Installation and Operation Manual | Revised 02/19/2021 - 27 - 5.9.a Packet Pg. 173 System Self-Testing Urban Solar moved the location of the Magnetic Test switch such that it can be mounted remotely from the ECM. This will enable the Magnetic Test switch to be activated without opening the chassis of the power module. The Switch will now be mounted on the inside wall of the chassis of the power module unit so that it can be enabled by swiping a magnet on the outside wall of the unit as shown in the following photos. The TEST location will be clearly labelled so that maintenance staff can quickly check the status of the unit without opening or removing any of the system covers. RMS RAD Systems New location of Magnetic Test switch RMS RAD PV Shelter UrbanSolarCorp.com | Installation and Operation Manual | Revised 02/19/2021 - 28 - 5.9.a Packet Pg. 174 Self-Testing The self-test feature is activated by swiping a magnet over the magnetic switch located inside the lighting unit as shown in the photos above. A magnet is provided with each unit, but almost any magnet will work to enable the test. The self-test provides information on system health by flashing the LEDs in a pre-determined sequence. On activation, the LEDs will flash 3 times quickly, pause, and then flash slowly, giving 0-6 flashes depending on the state of charge of the batteries. The first 3 flashes indicate that the system and LEDs are wired correctly. If any of the lights do not flash on the initiation of the magnetic swipe test, the system requires troubleshooting and it is likely that some part of the system is not wired correctly. This usually indicates the LED wiring has not been connected properly. Swipe the magnet – the lights will flash 3 times slowly and then flash 0 to 6 times as follows to indicate the state of health of the batteries as follows; if lowest battery voltage in last 24hrs is: >>=12.6V flash 6 times, system is fully charged and healthy >>=12.4V flash 5 times, system is >75% charged and healthy >>=12.2V flash 4 times, system >50% charged and may need attention depending on exposure and weather >>=12.0V flash 3 times, system is >25% charged but struggling to maintain healthy charging of batteries >>=11.91V flash 2 times, system is close to shutting down to protect batteries from over discharge ><=11.90V flash 1 time, system will likely have shut down sometime in last 24 hours >If system is currently in low voltage disconnect mode (LVD) flash 0 times, system is in LVD protection mode and LEDs will not turn on until batteries have been sufficiently recharged. Activating the self-test is the best way to ensure the wiring is completed correctly. The LEDs must flash – if they do not flash, there is a problem with the system wiring. RMS RAD PV Shelter UrbanSolarCorp.com | Installation and Operation Manual | Revised 02/19/2021 - 29 - 5.9.a Packet Pg. 175 Troubleshooting at Installation There are two specific issues that can result in the system not functioning at the initial installation: 1) System wiring – system is not wired exactly as detailed in the wiring diagram, or 2) Faulty Component(s) – one or more of the system components is faulty. In most cases it is an issue with the system wiring – it is extremely rare to have out of the box component failures. As detailed above, at initial system power-up the “self-test” must be activated by swiping a magnet at the location indicated. ALL of the system LEDs will then execute a series of flashes to indicate that the system wiring is correct and provide the state of health of the batteries. If ANY of the LEDs do not flash at all – either they stay completely OFF or solid ON during the test but do not flash, then there is an LED wiring fault. The LED wiring needs to be traced and compared to the system wiring diagram. Each of the Urban Solar LEDs has three (3) wires: (+) Red = positive battery (-) Black = negative battery White = PWM dimming control wire The Red and Black wires provide a constant 12V DC to the LEDs. The White PWM wire controls the dimming and also turns the LED off. It is the White PWM control wire that provides the “flashing” signal to the LEDs when the self-test is enabled. If the White wire is not connected the LEDs will stay solid ON at full brightness 24hours/day regardless of solar panel voltage, and this will kill the batteries very quickly. (Note: In some systems where a 3rd party LED is used there will on be 2 wires connected to the LED – in this the LED driver and PWM control signal wire will typically be located inside the ECM). All wires need to be connected properly – if not the self-test will fail. RMS RAD PV Shelter UrbanSolarCorp.com | Installation and Operation Manual | Revised 02/19/2021 - 30 - 5.9.a Packet Pg. 176 If the self-test fails, REMOVE ALL fuses and TURN OFF ALL CIRCUIT BREAKERS, then check all LED fuses and wiring for proper polarity and integrity of connections – refer to the wiring diagram! Initiate the power up sequence and run the self-test again. If the self-test fails DO NOT leave the system connected – remove ALL fuses, turn off ALL breakers, and contact Urban Solar for assistance. Troubleshooting Installed Systems Occasionally there will be systems that worked at the initial installation but then after some time in service an issue arises that causes a system outage. There are several possibilities: >Batteries are low or dead >System was not wired properly at initial installation >Poor solar exposure >Vandalism >Faulty component(s) In most cases the system failure is attributed to poor solar exposure or faulty wiring. Occasionally systems are damaged by vandalism of the solar panels or LEDs. Many of these issues also lead to dead batteries – for example if the system is installed in a bad solar location with significant shading from trees and/or buildings the batteries will be run down and eventually will die. If systems have good solar exposure but the batteries are 3+ years in service, it is possible that batteries are nearing or at end of life and require replacement. Perform the following checks and record findings: 1.Visual Inspection of System Components Is there an obvious issue with damaged panels/LEDs/batteries/system wiring or other system component? Yes – Repair and/or contact Urban Solar for assistance. RMS RAD PV Shelter UrbanSolarCorp.com | Installation and Operation Manual | Revised 02/19/2021 - 31 - 5.9.a Packet Pg. 177 No – Continue to next step. 2.System self-test. Swipe the magnet to initiate the system self-test. Did ALL of the system LEDs flash at least 3 times? Yes – System is working and LEDs are wired correctly. Run the self-test again and record how many flashes: Swipe the magnet – the lights will flash 3 times slowly and then flash 0 to 6 times as follows to indicate the state of health of the batteries as follows; if lowest battery voltage in last 24hrs is: >>=12.6V flash 6 times, system is fully charged and healthy. >>=12.4V flash 5 times, system is >75% charged and healthy. >>=12.2V flash 4 times, system is >50% charged and may need attention depending on exposure/weather. >>=12.0V flash 3 times, system is >25% charged but struggling to maintain healthy charging of batteries. >>=11.91V flash 2 times, system is close to shutting down to protect batteries from over discharge. ><=11.90V flash 1 time, system will likely have shut down sometime in last 24hours. >= LVD flash 0 times - If system is currently in low voltage disconnect mode (LVD) flash 0 times, system is in LVD protection mode and LEDs will not turn on until batteries have been sufficiently recharged. Did the self-test indicate that the system is currently in LVD – i.e. 3 flashes followed by zero flashes? Yes – the system is in a state of low battery voltage and has disconnected power to the LEDs to protect the batteries from further discharge. This is due to either 1) insufficient solar exposure, or 2) batteries are at end of life and need to be replaced. No – there was at least one flash after the initial 3 flashes – then the system is working as expected – number of flashes indicate battery state of health. RMS RAD PV Shelter UrbanSolarCorp.com | Installation and Operation Manual | Revised 02/19/2021 - 32 - 5.9.a Packet Pg. 178 Is there significant shading of the solar panels? Are they shaded by trees and/or buildings for more than half of the day? Yes – the site may not be suitable for solar – contact Urban Solar for advice. No – batteries may be at end of life – record installation date and contact Urban Solar for advice. Is the solar connected? Is the polarity correct? Is the solar fuse blown? Double check all solar connections and fuses. No – none of the LEDs flashed at all during the self-test. Check the battery voltage using a hand-held multi meter. Is the battery voltage > 11.0 volts? No – batteries are dead and will likely need to be replaced. Replace batteries and continue to next step. Yes – batteries are OK and self-test should work. Turn OFF all circuit breakers and remove and check ALL fuses. Are Any fuses blown? Yes – replace fuses and run self-test again. No – skip to next step Check LED wiring and connections and check/replace all fuses. Turn ON all breakers and run the self-test again. Did self-test work? No – contact Urban Solar for assistance. RMS RAD PV Shelter UrbanSolarCorp.com | Installation and Operation Manual | Revised 02/19/2021 - 33 - 5.9.a Packet Pg. 179 Yes – if batteries are healthy and the solar panels have good exposure to sunlight then the system should work fine. It may take a few days for the batteries to recharge fully or batteries may be replaced depending on age. RMS RAD PV Shelter UrbanSolarCorp.com | Installation and Operation Manual | Revised 02/19/2021 - 34 - 5.9.a Packet Pg. 180 Maintenance Although the system is designed to be maintenance free, optimal performance requires clean solar panels and lenses. Clean on an annual basis or as required. Use water and a soft sponge or cloth for cleaning and a mild, non-abrasive cleaning agent for more stubborn residue. Rinse well. Perform the system self-test to verify system is working properly. Batteries Be cautious when handling the battery pack. It is capable of generating hazardous short-circuit currents. Remove all jewelry (bracelets, metal-strap watches, rings) before attempting to handle or disassemble the battery pack. Contact Urban Solar if further instruction is required. Contact and Re-order Information If you have any questions or feedback, we would like to hear from you. Please visit our website or feel free to contact us directly at 778-430-5516 or techsupport@urbansolarcorp.com Urban Solar Corporation #5-515 Dupplin Road Victoria, BC Canada, V8Z 1C2 www.urbansolarcorp.com Urban Solar (USA) Tolar Manufacturing 1880 SW Merlo Dr 258 Mariah Circle Beaverton, Oregon, USA, 97003 Corona, California USA,92879 503-356-5516 RMS RAD PV Shelter UrbanSolarCorp.com | Installation and Operation Manual | Revised 02/19/2021 - 35 - 5.9.a Packet Pg. 181 1729719.1 EXHIBIT “B” 5.9.a Packet Pg. 182 Page 1 of 6 EXHIBIT B Focus Media Group (FMG) will manage the procurement, construction, installation, and maintenance of bus shelters (with, and without, advertising panels) and benches (without advertising panels) at specified locations throughout the City. FMG will also be managing advertising on the bus shelters with advertising panels. Other than the initial procurement of the bus shelters, benches, and trash receptacles, all services rendered by FMG will be provided at no cost to the City. Additionally, FMG will be required to provide and pay a fee to the City under a franchise agreement. After the initial procurement, installation, and construction of the shelters and unsheltered bus stops improvements is complete, FMG will be solely responsible for all standard janitorial maintenance costs. FMG is granted the exclusive franchise rights to provide and maintain an advertisement program on the City-owned shelters. General Information FMG shall achieve the City’s objectives for delivering the bus shelters, benches, and trash receptacle procurement, construction, and maintenance services being proposed to meet the objectives of the City. FMG agrees that the City reserves the right to review and approve the qualifications of the Contractor's employees or any subcontracted firms or persons. Substitutions of any personnel are subject to the City's approval, and unapproved substitutions are considered sufficient grounds for termination of the contract. FMG will make every reasonable effort to maintain the stability and continuity of staff assignments. The City shall be notified when considering personnel changes. Review and approval of any proposed new personnel assigned to the City shall be obtained from the City prior to actual assignments. Fee Paid to City FMG shall lease advertising space within the bus shelters, and, from the revenue derived from those leases, shall pay to the City a monthly guaranteed percentage or amount per shelter, whichever is greater. The advertising within each shelter shall be placed only on the panels designed for such purpose. The City would receive a portion of the advertising revenue, paid in quarterly payments and reconciled annually versus the revenue guarantee: · 20% of the transit shelter advertising revenue or $240 per shelter annually guaranteed, whichever is greater. The bus shelter program will consist of 34 City-owned bus shelters and the Advertising Revenue paid to the City as follows: 5.9.a Packet Pg. 183 Page 2 of 6 GUARANTEE Quantity Annual Revenue to City Bus Shelter Annual Guarantee 30 shelters @ $240/year $7,200.00 ADVERTISING REVENUE SHARE (annual) Potential Revenue Range Shelter Advertising Revenue Share @ 20% 30 shelters $7,200 - $32K The Advertising Revenue Share estimates above are based upon projected rates and occupancies. The minimum guarantee will be based on the quantity of advertising shelters in the city. Performance Bond FMG shall post and maintain an irrevocable letter of credit which will inure to the benefit of the City, or equivalent security approved by the City, in the amount of twenty-five thousand dollars ($25,000.00). The bond shall remain in effect over the initial construction period to ensure the faithful performance and covenants for construction, maintenance, and repair or replacement of the shelters and benches. Upon satisfaction by the City, the Bond or deposit will expire at the end of a two (2) year period. The City may inspect each shelter site to ensure all scope of work and conditions are satisfactory. No work shall be performed until all insurance and bonds required by this project are on file and this agreement has been properly executed. Shelter and Bench Maintenance and Repair FMG will perform the following ongoing maintenance services and requirements: Survey the market for the initial 60 days and provide a recommendation to the City of “Hots Spots.” Perform one routine maintenance visit to all locations on Mondays and a 2nd weekly visit to agreed- upon “Hot Spots” per week. Perform 5 days a week maintenance visits to four (4) Diamond Bar Blvd designated locations. (Bus stops located on Diamond Bar Blvd. between Golden Springs and Palomino) Perform pressure washing as needed and steam cleaning to all sites six (6) times annually, or as needed. Perform the following services: · Maintenance problems: Respond within 3 hours of notification by City · Repair within 2 working days due to damage, vandalism, or graffiti · Respond to dangerous conditions exposed to the public within 24 hours and repair in 5 days At all times during the term of this arrangement, FMG must, at its sole cost and expense, to the satisfaction of the CITY and in compliance with all applicable laws and regulations, maintain repair, clean and service all Street Furniture, keeping them, their appurtenances, and the immediately surrounding areas in a safe, 5.9.a Packet Pg. 184 Page 3 of 6 neat, attractive, environmentally clean, and sanitary condition. For shelters and benches that need “Major Repairs,” which are herein defined as those which require parts, components, or specialty contractor services with a retail value above $250.00 per replacement or repair and apply solely to bus shelters and benches and are subject to City approval. City will reimburse FMG for any CITY-approved “Major Repairs” through a deduction from the quarterly payment revenue. Any shelter or bench that requires “Minor Repairs” is defined herein as any repairs less than $250.00 per shelter or bench shall not be charged to the City. Personnel, equipment and/or vehicles shall not block automobile or bicycle travel lanes without proper warning signs and traffic delineation devices properly placed in accordance with the Work Area Traffic Control Handbook (WATCHBOOK). Liquidated Damage for Maintenance Specification Deficiencies and Sub-Standard Work Violation of the following provisions will result in the listed monetary penalty. Contract specification deficiencies and sub-standard work must be documented as a Performance Deficiency and approved by the Maintenance Superintendent, or his designee. · FMG employees shall wear proper working attire, including uniforms, proper shoes and other safety gear. Failure to comply shall result in a deduction of $100 per occurrence per day. · Complaints shall be abated as soon as possible after notification; but in all cases within 48 hours, to the satisfaction of the City. Failure to comply shall result in a deduction of $100 per occurrence per day. Certifications/Reports FMG shall maintain and keep current, a daily report form that records all ongoing work and maintenance functions performed by FMG’s personnel. Said report shall be in a form and content acceptable to the City and shall be submitted to the City's contract manager monthly. Office of Inquiries and Complaints FMG shall maintain an office at some fixed place located in the Los Angeles Metropolitan Area and shall maintain a telephone there, listed in the telephone directory in its own name or in the firm name by which it is most commonly known and shall, during the daily hours of maintenance operation have some responsible person(s) employed by FMG, to take the necessary action regarding all inquiries and complaints that may be received from the Maintenance Superintendent, City personnel or patrons using the facilities. This person(s) shall be reachable 24 hours per day. An answering service shall be considered an acceptable substitute to full-time coverage, provided FMG is advised of any complaint within one (1) hour of receipt of such complaint by the answering service. During normal working hours, FMG’s Foreman or employee of the Contractor, who is responsible for providing maintenance services, shall be available for notification through telephone communication. Whenever immediate action is required to prevent impending injury, death or property damage to the facilities being maintained, City may, after reasonable attempt to notify FMG, cause such action to be taken by the City workforce and shall charge the cost thereof, as determined by the Maintenance Superintendent, against FMG, or may deduct such cost from an amount due to FMG from City. 5.9.a Packet Pg. 185 Page 4 of 6 FMG shall maintain a written log of all complaints, the date and time thereof, and the action taken pursuant thereto or the reason for non-action. The log of complaints shall be open to the inspection of the Maintenance Superintendent at all reasonable times. All complaints shall be abated as soon as possible after notification; but in all cases, within 24 hours, to the satisfaction of the Maintenance Superintendent. If any complaint is not abated within 24 hours, the Maintenance Superintendent shall be notified immediately of the reason for not abating the complaint, followed by a written report to the Maintenance Superintendent within five (5) days. If the complaints are not abated within the time specified or to the satisfaction of the Maintenance Superintendent, the Maintenance Superintendent may correct the specific complaint, and the total cost incurred by the City will be billed to FMG or deducted from the performance bond. Contractor's Liability The City and its officers, agents and employees ("Indemnitees") shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used or employed in performing the work; or for injury or damage to any person or persons, either workers or employees of FMG, of its sub-contractors or the public, or for damage to adjoining or other property from any cause whatsoever arising out of or in connection with the performance of the work. Contractor shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever. Contractor will indemnify Indemnitees against and will hold and save Indemnitees harmless from any and all actions, claims, damages to persons or property, penalties, obligations or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or in connection with the work, operation, or activities of Contractor, its agents, employees, sub-contractors or invitees provided for herein, whether or not there is concurrent passive negligence on the part of City. In connection therewith: a. Contractor will defend any action or actions filed in connection with any such claims, damages, penalties, obligations or liabilities and will pay all costs and expenses, including attorneys' fees, expert fees and costs incurred in connection therewith. b. Contractor will promptly pay any judgment rendered against Contractor or Indemnitees covering such claims, damages, penalties, obligations and liabilities arising out of or in connection with such work, operations or activities of Contractor hereunder, and Contractor agrees to save and hold the Indemnitees harmless therefrom. Contractor's obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of City under any provision of this Agreement, Contractor shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City. 5.9.a Packet Pg. 186 Page 5 of 6 So much of the money due to Contractor under and by virtue of the contract as shall be considered necessary by City may be retained by City until disposition has been made of such actions or claims for damages as aforesaid. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law. This indemnity is effective without reference to the existence or applicability of any insurance coverage which may have been required under this Agreement or any additional insured endorsements which may extend to Indemnitees. Contractor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Contractor regardless of any prior, concurrent, or subsequent passive negligence by the Indemnitees Payment to City FMG payment to the City shall be computed on a monthly basis. Payment of said fees shall be made quarterly and shall be supported by a Statement of Accounts prepared by a certified public accountant, showing all shelter locations, the advertiser at each location, and gross revenues received for each ad panel. Access to Records The City, or its authorized agent, shall be granted reasonable access to any of the Franchisee's books, documents, paper, and records that relate directly to the City bus shelter and bench maintenance agreement. Non-Discrimination Pursuant to Labor Code Section 1735, no discrimination shall be made in the employment of persons in the work contemplated by this Agreement because of the race, color, sex, mental disability, physical disability, religion or other reason set forth in Government Code § 12940 of such person. Contractor agrees to post in conspicuous places available to employees and applications, a notice setting forth provisions of this non-discrimination clause. A violation of this section exposes the Contractor to the penalties provided for in Labor Code Section 1735. Licenses and Permits FMG shall purchase a City business license for each year it is doing business with the City. FMG shall secure all necessary permits from City, county, state, or federal agencies for the installation, operation, and maintenance of the bus shelters and benches. Electrical Service 5.9.a Packet Pg. 187 Page 6 of 6 FMG shall apply for, and obtain at its own cost, any necessary electrical service permits from the Southern California Edison Company. Metered electrical service charges shall be at the Franchisee's sole expense. Advertising Should the City, in its sole discretion, determine that any advertising on any shelter is improper, offensive or constitutes a display that is likely to interfere with, mislead or distract traffic, or conflict with any traffic control system, FMG shall be so advised and shall not utilize such advertising. FMG shall remove such advertising within twenty-four (24) hours after the City serves written notice thereof. FMG will provide local businesses the right of first refusal on 50% of the available advertising space. Public Service Messages FMG shall, at least two (2) times per year, for at least ten (10) consecutive calendar days, display at least one (1) public service announcement in lieu of paid advertising in each bus shelter. The FMG shall arrange for service and installation of the public service announcements. The City shall be entitled to specify certain public service messages to be displayed. Contract Termination If FMG is found to be in default with respect to any term or provision of the franchise, and if after three (3) business days from the written notice, FMG does not cure such default and provide for the satisfactory continuance of the agreement, the City may terminate the contract upon giving FMG written notice, not less than sixty (60) days prior to the effective date of termination. FMG may terminate this agreement with or without cause upon six (6) months written notice to the City. Change of Location In the event that a bus route is altered or deleted such that any bus shelter and/or bench will no longer serve at an active bus stop location, FMG shall, within thirty (30) days after notification, relocate or move the bus shelter and/or bench to a new location designated by the City. The vacated location shall be restored to its original condition within that same time period. Digital or Static Kiosk Option The rights under this arrangement may include a possible nonexclusive future digital or static kiosk option at future locations determined by the City. This option would provide advertising kiosks that may be built in the future that will be serviced and compensated pursuant to mutually agreeable terms to be negotiated in writing by the parties at a later date. Location List See attached. 5.9.a Packet Pg. 188 CITY OF DIAMOND BAR LOCATION LIST #BUS STOP #NOTES DIR 1 PRIMARY STREET DIR 2 CROSS STREET COR Bid Sch. #1 Removal & Disposal Bid Sch. #2 New Sheltered Bus Stop - Solar Powered Bid Sch. #3 New Bus Stop Shelters & Amenities At Non- viable Solar Sites Bid Sch. #4 New Bus Stop Shelter & Amenities with a new 110 Power Connection Bid Sch. #5 Unsheltered Bus Stop Amenities (Benches & Trash Receptacles) Bid Sch. #6 Bus Stop Shelter Concrete Pads R&R 1 No Bus Stop Ad Shelter NB Brea Canyon Rd.FS Diamond Bar Blvd. NE Yes Yes N/A N/A N/A N/A 2 No Bus Stop SB Brea Canyon Rd.NS Diamond Bar Blvd NW Yes N/A N/A N/A Yes Yes 3 16 NB Brea Canyon Road FS Lycoming Street NE Yes N/A N/A N/A Yes N/A 4 17 SB Brea Canyon Road NS Lycoming Street NW Yes N/A N/A N/A Yes N/A 5 1098 EB Copley Dr. (21660 Ent.)@ Diamond Bar City Hall NE Yes N/A N/A N/A Yes N/A 6 1099 EB Copley Dr. (21810 Diamond Bar City Hall)OPP AQMD Driveway NE Yes N/A N/A N/A Yes N/A 7 1097 WB Copley Dr. (Across Diamond Bar City Hall)FS AQMD Driveway NW Yes N/A N/A N/A Yes N/A 8 1147 EB Diamond Bar Blvd.@ Diamond Bar Park/Ride (Pomona Fwy Ent.)SE Yes Yes N/A N/A Yes N/A 9 1149 EB Diamond Bar Blvd.FS Sunset Crossing Rd.NE Yes Yes N/A N/A N/A Yes 10 3068 EB Diamond Bar Blvd.NS Brea Canyon Rd. SW Yes Yes N/A N/A N/A Yes 11 3081 EB Diamond Bar Blvd.NS Pathfinder Rd SW Yes N/A N/A N/A Yes N/A 12 3073 EB Diamond Bar Blvd.NS Fountain Springs Rd SW Yes N/A N/A N/A Yes N/A 13 1143 EB Diamond Bar Blvd.NS Golden Springs Dr.NE Yes Yes N/A N/A N/A Yes 14 3089 NB Diamond Bar Blvd.FS Clear Creek Canyon Dr NE Yes N/A N/A N/A Yes N/A 15 3091 NB Diamond Bar Blvd.FS Goldrush Dr NE Yes N/A N/A N/A Yes N/A 16 3088 NB Diamond Bar Blvd.FS Grand Ave. NE Yes Yes N/A N/A N/A N/A 17 1144 NB Diamond Bar Blvd.FS Highland Valley Rd.NE Yes N/A Yes N/A N/A Yes 18 3070 NB Diamond Bar Blvd.NS Cold Spring Ln SE Yes N/A N/A N/A Yes N/A 19 3085 NB Diamond Bar Blvd.NS Kiowa Crest Dr SE Yes N/A N/A N/A Yes N/A 1 5.9.a Packet Pg. 189 #BUS STOP #NOTES DIR 1 PRIMARY STREET DIR 2 CROSS STREET COR Bid Sch. #1 Removal & Disposal Bid Sch. #2 New Sheltered Bus Stop - Solar Powered Bid Sch. #3 New Bus Stop Shelters & Amenities At Non- viable Solar Sites Bid Sch. #4 New Bus Stop Shelter & Amenities with a new 110 Power Connection Bid Sch. #5 Unsheltered Bus Stop Amenities (Benches & Trash Receptacles) Bid Sch. #6 Bus Stop Shelter Concrete Pads R&R 20 No Bus Stop Non-Ad Bench NB Diamond Bar Blvd.NS Maple Hill Rd.SE Yes N/A N/A N/A Yes N/A 21 14 NB Diamond Bar Blvd.NS Mountain Laurel Way SE Yes N/A N/A N/A Yes N/A 22 3087 NB Diamond Bar Blvd.NS Quail Summit Dr.SE Yes N/A Yes N/A N/A N/A 23 3083 NB Diamond Bar Blvd.NS Silver Hawk Dr. SE Yes Yes N/A N/A N/A N/A 24 No Bus Stop Non-Ad Bench NB Diamond Bar Blvd.NS Steep Canyon Rd NE Yes N/A N/A N/A Yes N/A 25 No Bus Stop Ad Shelter NB Diamond Bar Blvd.OPP Acacia Hills Rd. NE Yes Yes N/A N/A N/A N/A 26 No Bus Stop Non-Ad Bench SB Diamond Bar Blvd.@ Trail Head (Sycamore Park)SE Yes N/A N/A N/A Yes N/A 27 3079 SB Diamond Bar Blvd.ES Cold Spring Ln NW Yes N/A N/A N/A Yes N/A 28 3066 SB Diamond Bar Blvd.FS Clear Creek Canyon Dr.SW Yes Yes N/A N/A N/A N/A 29 3078 SB Diamond Bar Blvd.FS Fountain Springs Rd. SW Yes Yes N/A N/A N/A N/A 30 3067 SB Diamond Bar Blvd.FS Grand Ave. SW Yes Yes N/A N/A N/A N/A 31 1145 SB Diamond Bar Blvd.FS Highland Valley Rd.SW Yes Yes N/A N/A N/A Yes 32 3069 SB Diamond Bar Blvd.FS Quail Summit Dr SW Yes N/A N/A N/A Yes N/A 33 3061 SB Diamond Bar Blvd.FS Tin Dr.SW Yes Yes N/A N/A Yes N/A 34 3059 SB Diamond Bar Blvd.NS Goldrush Dr NW Yes N/A N/A N/A Yes N/A 35 3074 SB Diamond Bar Blvd.NS Kiowa Crest Dr NW Yes N/A N/A N/A Yes N/A 36 No Bus Stop Non-Ad Bench SB Diamond Bar Blvd.NS Maple Hill Rd.NW Yes N/A N/A N/A Yes N/A 37 3077 SB Diamond Bar Blvd.NS Shadow Canyon Dr SW Yes N/A N/A N/A Yes N/A 38 3082 WB Diamond Bar Blvd.FS Brea Canyon Rd. NW Yes Yes N/A N/A N/A N/A 39 3071 WB Diamond Bar Blvd.FS Mountain Laurel Way NW Yes N/A N/A N/A Yes N/A 40 3076 WB Diamond Bar Blvd.FS Pathfinder Rd NW Yes N/A N/A N/A Yes N/A 2 5.9.a Packet Pg. 190 #BUS STOP #NOTES DIR 1 PRIMARY STREET DIR 2 CROSS STREET COR Bid Sch. #1 Removal & Disposal Bid Sch. #2 New Sheltered Bus Stop - Solar Powered Bid Sch. #3 New Bus Stop Shelters & Amenities At Non- viable Solar Sites Bid Sch. #4 New Bus Stop Shelter & Amenities with a new 110 Power Connection Bid Sch. #5 Unsheltered Bus Stop Amenities (Benches & Trash Receptacles) Bid Sch. #6 Bus Stop Shelter Concrete Pads R&R 41 1142 WB Diamond Bar Blvd.FS Golden Springs Dr.NW Yes Yes N/A N/A N/A Yes 42 1150 WB Diamond Bar Blvd.NS Sunset Crossing Rd.NW Yes Yes N/A N/A N/A Yes 43 1146 EB Diamond Bar Blvd. (400 yds of)FS Gentle Springs Ln. (Diamond Bar Rach)SE Yes Yes N/A N/A N/A N/A 44 1152 WB Diamond Bar Blvd. (400 yds of)NS Palomino Dr (Gentle Springs Ln OPP)NE Yes Yes N/A N/A N/A yes 45 1100 EB Gateway Ceter Dr FS Valley Vista Dr SE Yes N/A N/A N/A Yes N/A 46 1484 WB Gateway Ceter Dr FS Golden Springs Dr. (Holiday Inn Ent.)NW Yes N/A N/A N/A Yes N/A 47 2803 WB Gateway Ceter Dr NS Valley Vista Dr NE Yes N/A N/A N/A Yes N/A 48 1573 EB Golden Springs Dr.FS Lemon Ave. SE Yes N/A Yes N/A N/A N/A 49 1587 EB Golden Springs Dr.FS Ballena Dr SE Yes N/A N/A N/A Yes N/A 50 1554 EB Golden Springs Dr.FS Carpio Dr SE Yes N/A N/A N/A Yes N/A 51 1568 EB Golden Springs Dr.FS Grand Avenue SE Yes Yes N/A N/A N/A N/A 52 1548 EB Golden Springs Dr.NS Adel Ave SW Yes N/A N/A N/A Yes N/A 53 1556 NB Golden Springs Dr.FS Diamond Bar Blvd.NE Yes Yes N/A N/A N/A N/A 54 1588 NB Golden Springs Dr.FS Sunset Crossing Rd.NE Yes N/A N/A N/A Yes N/A 55 1564 NB Golden Springs Dr.NS Golden Prados Dr.SE Yes Yes N/A N/A N/A Yes 56 1571 NB Golden Springs Dr.NS High Knob Rd SE Yes N/A N/A N/A Yes N/A 57 1583 NB Golden Springs Dr.NS Sabana Dr SE Yes N/A N/A N/A Yes N/A 58 1590 NB Golden Springs Dr.NS Sylvan Glen Rd SE Yes N/A N/A N/A Yes N/A 59 1572 SB Golden Springs Dr.FS High Knob Rd SW Yes N/A N/A N/A Yes N/A 60 1589 SB Golden Springs Dr.FS Sunset Crossing Rd.SW Yes N/A N/A N/A Yes N/A 61 1553 SB Golden Springs Dr.NS Calbourne Dr SE Yes N/A N/A N/A Yes N/A 3 5.9.a Packet Pg. 191 #BUS STOP #NOTES DIR 1 PRIMARY STREET DIR 2 CROSS STREET COR Bid Sch. #1 Removal & Disposal Bid Sch. #2 New Sheltered Bus Stop - Solar Powered Bid Sch. #3 New Bus Stop Shelters & Amenities At Non- viable Solar Sites Bid Sch. #4 New Bus Stop Shelter & Amenities with a new 110 Power Connection Bid Sch. #5 Unsheltered Bus Stop Amenities (Benches & Trash Receptacles) Bid Sch. #6 Bus Stop Shelter Concrete Pads R&R 62 1565 SB Golden Springs Dr.NS Golden Prados Dr NW Yes N/A N/A N/A Yes N/A 63 1585 SB Golden Springs Dr.NS Sabana Dr NW Yes N/A N/A N/A Yes N/A 64 1591 SB Golden Springs Dr.OPP Sylvan Glen Rd SW Yes N/A N/A N/A Yes N/A 65 1574 WB Golden Springs Dr.FS Lemon Ave. NW Yes Yes N/A N/A N/A Yes 66 1549 WB Golden Springs Dr.NS Adel Ave NE Yes Yes N/A N/A N/A N/A 67 1558 WB Golden Springs Dr.NS Ballena Dr NE Yes N/A N/A N/A Yes N/A 68 1557 WB Golden Springs Dr.NS Diamond Bar Blvd NE Yes N/A N/A N/A Yes N/A 69 1555 WB Golden Springs Dr.OPP Carpio Dr NE Yes N/A N/A N/A Yes N/A 70 1577 WB Golden Springs Dr.OPP Racquet Club Dr NW Yes N/A N/A Yes Yes Yes 71 1551 EB Golden Springs Dr. FS Brea Canyon Rd. SE Yes Yes N/A N/A N/A N/A 72 1001 EB Golden Springs Dr. FS Calbourne Dr. SE Yes Yes N/A N/A N/A N/A 73 1552 WB Golden Springs Dr. FS Brea Canyon Rd. NW Yes Yes N/A N/A N/A Yes 74 1580 WB Golden Springs Dr. NS Rapidview Dr. NE Yes Yes N/A N/A N/A Yes 75 No Bus Stop Non-Ad Bench WB Pathfinder Rd.NS 57 Fwy NB Entrance NE Yes N/A N/A N/A Yes N/A 76 No Bus Stop Ad Shelter EB Pathfinder Rd. FS SR-57 FWY Exit SE Yes N/A Yes N/A N/A N/A 77 1 SB Temple Ave FS Diamond Bar Blvd SW Yes N/A N/A N/A Yes N/A 78 725 SB Temple Ave (Ave Rancheros)FS Golden Springs Dr SW Yes N/A N/A N/A Yes N/A 4 5.9.a Packet Pg. 192 Agenda #: 5.10 Meeting Date: November 15, 2022 TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager TITLE: NOTICE OF COMPLETION FOR THE AREA 1 RESIDENTIAL & COLLECTOR STREETS REHABILITATION AND THE GOLDEN SPRINGS DRIVE ARTERIAL STREET REHABILITATION BETWEEN BREA CANYON ROAD AND LEMON AVENUE - PROJECT NOS. SI22105 & SI22103. STRATEGIC GOAL: Safe, Sustainable & Healthy Community RECOMMENDATION: Approve, and authorize the Public Works Director to file, a Notice of Completion. FINANCIAL IMPACT: Funding was included in the FY 2021/22 Capital Improvement Program for this Project. The final construction cost of the Project was $2,635,516.70, which is $189,052.30 under the total authorization amount of $2,824,569 (Construction Agreement: $2,567,790; Contingency: $256,779). BACKGROUND/DISCUSSION: The Project included 19 centerline miles of residential and collector streets with slurry seal, chip seal, localized asphalt concrete (AC) dig-outs, and curb ramp improvements as determined by field conditions in Area 1. Additionally, Golden Springs Drive between Brea Canyon Road and Lemon Avenue was rehabilitated with AC grind and overlay, enhanced bike lanes, signing and striping, and ADA curb ramp improvements. On May 3, 2022, the City Council awarded a construction contract to Copp Contracting, Inc. in an amount not to exceed $2,567,790, plus a contingency amount of $256,779 for a total authorization amount of $2,824,569. The City authorized the Notice to Proceed for the construction work on June 9, 2022. Copp Contracting, Inc. completed all required work on September 28, 2022. There was 5.10 Packet Pg. 193 one (1) Change Order in the amount of $67,726.70 approved by the City. The change order was primarily related to quantity adjustments for additional chip seal, removal and replacement of concrete curbs/cross gutters, sidewalks, tree root pruning, manhole adjustments, traffic loops, and additional asphalt overlay. PREPARED BY: REVIEWED BY: Attachments: 1. 5.10.a Notice of Completion - Copp Contracting, Inc. 5.10 Packet Pg. 194 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO CITY OF DIAMOND BAR 21810 COPLEY DRIVE DIAMOND BAR, CALIFORNIA 91765 ATTENTION: CITY CLERK NOTICE OF COMPLETION Notice pursuant to Civil Code Section 3093, must be filed within 10 days after completion. Notice is hereby given that: 1. The undersigned is the owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described: 2. The full name of the owner is City of Diamond Bar 3. The full address of the owner is 21810 Copley Drive Diamond Bar, CA 91765 4. The nature of the interest or estate of the owner is; “In fee” (If other than fee, strike “In fee” and insert, for example, “purchaser under contract of purchase,” or “lessee”) 5. The full names and full addresses of all persons, if any, who hold title with the undersigned as joint tenants or as tenants in common are: NAMES ADDRESSES 6. A work of improvement on the property hereinafter described was completed on September 28, 2022. The work done was: Residential & Collector Street Rehabilitation (Area 1) and Arterial Street Rehabilitation (Golden Springs Drive from Brea Canyon Road to Lemon Avenue) - Project Nos. SI22105 & SI22103. 7. The name of the contractor, if any, for such work of improvement was Copp Contracting, Inc. May 11, 2022 (If no contractor for work of improvement as a whole, insert “none”) (Date of Contract) 8. The property on which said work of improvement was completed is in the City of Diamond Bar, County of Los Angeles, State of California, and is described as follows. Residential & Collector Street Rehabilitation (Area 1) and Arterial Street Rehabilitation (Golden Springs Drive from Brea Canyon Road to Lemon Avenue) - Project Nos. SI22105 & SI22103. 9. The street address of said property is “none” (If no street address has been officially assigned, insert “none”) CITY OF DIAMOND BAR Dated: Verification for Individual Owner Signature of owner or corporate officer of owner named in paragraph 2 or his agent VERIFICATION I, the undersigned, say: I am the Director of Public Works / City Engineer the declarant of the foregoing (“resident of”, “Manager of,” “A partner of,” “Owner of,” etc.) notice of completion; I have read said notice of completion and know the contests thereof; the same is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct. Executed on , 20 , at Diamond Bar , California. (Date of signature) (City where signed) 5.10.a Packet Pg. 195 (Personal signature of the individual who is swearing that the contents of the notice of completion are true) DO NOT RECORD REQUIREMENTS AS TO NOTICE OF COMPLETION A notice of completion must be filed for record WITHIN 10 DAYS after completion of the work of improvement (to be computed exclusive of the day of completion), as provided in Civil Code Section 3093. The “owner” who must file for record a notice of completion of a building or other work of improvement means the owner (or his successor in-interest at the date the notice is filed) on whose behalf the work was done, though his ownership is less than the fee title. For example, if A is the owner in fee, and B, lessee under a lease, causes a building to be constructed, then B, or whoever has succeeded to his interest at the date the notice is filed, must file the notice. If the ownership is in two or more persons as joint tenants or tenants in common, the notice may be signed by any one of the co- owners (in fact, the foregoing form is designed for giving of the notice by only one covenant), but the names and addresses of the other co- owners must be stated in paragraph 5 of the form. Note that any Notice of Completion signed by a successor in interest shall recite the names and addresses of his transferor o r transferors. In paragraphs 3 and 5, the full address called for should include street number, city, county and state. As to paragraphs 6 and 7, this form should be used only where the notice of completion covers the work of improvement as a whole. If the notice is to be given only of completion of a particular contract, where the work of improvement is made pursuant to two or more original contracts, then this form must be modified as follows: (1) Strike the works “A work of improvement” from paragraph 6 and insert a general statement of the kind of work done or materials furnished pursuant to such contract (e.g., “The foundations for the improvement”); (2) Insert the name of the contractor under the particular contract in paragraph 7. In paragraph 7 of the notice, insert the name of the contractor for the work of improvement as a whole. No contractor's name need be given if there is no general contractor, e.g., on so-called “owner-builder jobs.” In paragraph 8, insert the full legal description, not merely a street address or tax description. Refer to deed or policy o f title insurance. If the space provided for description is not sufficient, a rider may be attached. In paragraph 9, show the street address, if any, assigned to the property by any competent public or governmental authority. 5.10.a Packet Pg. 196 Agenda #: 6.1 Meeting Date: November 15, 2022 TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager TITLE: ADOPTION OF THE 2022 CALIFORNIA BUILDING STANDARDS CODES (TITLE 24 C.C.R. PARTS 2, 2.5, 3, 4, 5, AND 11) WITH LOCAL AMENDMENTS. STRATEGIC GOAL: Safe, Sustainable & Healthy Community RECOMMENDATION: Open public hearing, receive public testimony, approve for second reading by title only, waive full reading, and adopt Ordinance No. 03 (2022). BACKGROUND: Every three years, the California Building Standards Commission updates the California Building Standards Codes (“California Codes”), a compendium of construction standards intended to ensure that buildings are constructed and renovated in a manner that is safe, energy-efficient and green, and provides a decent quality of life for the buildings’ occupants. The commission published the 2022 updates this past July. The California Codes serve as the baseline construction standards for all local governments in the state. Cities and counties are permitted to adopt local amendments to the California Codes that are reasonably necessary to address local climatic, geologic and topographic conditions. Local amendments may also be adopted to address quality-of-life values, such as preventing blight caused by abandoned construction projects. The ordinance presented for the City Council’s consideration (Attachment 1) amends Title 15 (Building and Construction Safety) of the Diamond Bar Municipal Code. The twofold purpose of the ordinance is to adopt the 2022 California Codes, as well as those local amendments warranted by the above criteria. On November 1, 2022, the City Council introduced Ordinance No. 03(2022) for first reading with modifications to delete reference in Section 1 to an Exhibit that was not applicable. The matter was set for public hearing and second reading on November 15, 2022. Pursuant to California 6.1 Packet Pg. 197 Government Code 50022.3, a public hearing is required prior to the second reading of any ordinance amending the Building Standards Codes. DBMC TITLE 15 AMENDMENT SUMMARY: The 2022 local amendments are simply carryovers from the prior code update. There are no substantive changes to the local amendments from the prior code update. The other changes to the California Codes are applicable throughout the State, and thus apply to Diamond Bar by default. The codification protocols that the California Building Standards Commission follows routinely lead to occasional renumbering of identical code provisions when comparing the 2022 California Codes to prior versions. Expedited Electric Vehicle Charging – The State legislature recently added Government Code 65850.7 to require local jurisdictions to adopt an ordinance to require an expedited and streamlined permitting process for electric vehicle charging stations. The attached ordinance incorporates this requirement into Title 15. To facilitate the expedited review process, staff is preparing checklists containing all requirements for the charging stations. These checklists will be available on the City’s website. LEGAL REVIEW: The City Attorney has reviewed and approved the Ordinance as to form. PREPARED BY: REVIEWED BY: Attachments: 1. 6.1.a Ordinance No. 03 (2022) - BLDG CODE 2022 Ordinance without Fire 6.1 Packet Pg. 198 ORDINANCE NO. 03 (2022) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING TITLE 15 OF THE DIAMOND BAR CITY CODE AND ADOPTING, BY REFERENCE, THE 2022 CALIFORNIA BUILDING CODE, VOLUMES 1 AND 2, INCLUDING CHAPTER 1 DIVISION II, AND APPENDICES I, AND J THERETO, THE 2022 CALIFORNIA MECHANICAL CODE, AND THE APPENDICES THERETO, THE 2022 CALIFORNIA PLUMBING CODE, AND THE APPENDICES THERETO, THE 2022 CALIFORNIA ELECTRICAL CODE, AND THE APPENDICES THERETO, THE 2022 CALIFORNIA RESIDENTIAL CODE, INCLUDING APPENDICES H, J, K, AND O THERETO, THE CALIFORNIA FIRE CODE, INCLUDING CHAPTERS 1 THROUGH 80, APPENDICIES O, P, Q, AND R AND THE 2022 CALIFORNIA GREEN BUILDING CODE, WITHOUT THE APPENDICES THERETO, AND TITLE 26 OF THE LOS ANGELES COUNTY BUILDING CODE, AND THE UNIFORM HOUSING CODE TOGETHER WITH CERTAIN AMENDMENTS, ADDITIONS, DELETIONS AND EXCEPTIONS. A. RECITALS (i) California Government Code Section 50022.1 et seq., authorizes the City of Diamond Bar to adopt by reference the 2022 California Building Code; the 2022 California Mechanical Code; the 2022 California Plumbing Code; the 2022 California Electrical Code; the 2022 California Residential Code; 2022 California Fire Code; and the 2022 Green Building Code as set forth in the California Code of Regulations, Title 24, parts 2, 2.5, 3, 4, 5, 9, and 11. (ii) Pursuant to the California Health and Safety Code Sections 17922, 17958, 17958.5 and 17958.7, the City may make modifications to the Title 24 building standards and requirements that it deems reasonably necessary to protect the health, welfare and safety of the citizens of Diamond Bar because of local climatic, geological, or topographical conditions. (iii) At least one copy of each of the codes and standards identified in this Ordinance and certified as full, true and correct copies thereof by the City Clerk of the City of Diamond Bar have been filed in the office of the City Clerk in accordance with the provisions of California Government Code Section 50022.6. (iv) The City introduced for first reading this Ordinance on November 15, 2022, at which time all interested persons had the opportunity to appear and be heard on the matter of adopting the codes and standards identified in this Ordinance as amended herein. (v) Pursuant to California Government Code Section 6066, the City published 6.1.a Packet Pg. 199 Ordinance No. 03 (2022) 2 notice of the public hearing on November 2, 2022 and November 7, 2022 for the hearing set forth in subsections (iv) above and (vi) below. (vi) The City held a public hearing on November 15, 2022, at which time all interested persons had the opportunity to appear and be heard on the matter of adopting the codes and standards identified in this Ordinance as amended herein. (vii) Any and all legal prerequisites relating to the adoption of this Ordinance have occurred. (viii) The State of California and the City of Diamond Bar has consistently promoted and encouraged the use of fuel-efficient electric vehicles; and (ix) The State of California recent adopted Assembly Bill 1236, which requires local agencies to adopt an ordinance that creates an expedited and streamlined permitting process for electric vehicle charging systems; and (x) Creation of an expedited, streamlined permitting process for electric vehicle charging stations would facilitate convenient charging of electric vehicles and help reduce the City’s reliance on environmentally damaging fossil fuels. B. ORDINANCE NOW, THEREFORE, the City Council of the City of Diamond Bar does hereby find, determine and ordain as follows: SECTION 1: Findings in Support of Modifications to Title 24 Building Standards. This Council does expressly find and determine that the modifications to the Title 24 building standards set forth herein are reasonably necessary to protect the health, welfare and safety of the citizens of Diamond Bar because of the following local climatic, geological or topographic conditions. (1) The hillsides in Diamond Bar are composed of Puente Formation, and similar weak geological materials, while neighboring flatland areas are composed of more stable fill and alluvial materials. These materials may be naturally unstable or weak in terms of physical support. These highly expansive soil conditions are vulnerable to earth movement as well as unpredictable seismic response of buildings. The unpredictable response from prior seismic events including Chino Hills, Northridge, and the Whittier earthquakes have demonstrated the need for greater quality control to ensure against poor seismic performance of multi-story structures. (2) The City experiences diverse temperatures, which promotes expansion and 6.1.a Packet Pg. 200 Ordinance No. 03 (2022) 3 contraction of the soil. This condition is very damaging to expansive type soil. (3) Because of the above-described climatic and geological conditions, the City of Diamond Bar requires special engineering to support habitable structures within the unstable soil areas and requires additional measures to be taken in connection with excavation and grading activities. (4) The City is located in a seismically active area and is in close proximity to various active faults including the Chino, Sierra Madre, Cucamonga, Whittier, San Jacinto and Raymond Faults It is reasonably foreseeable that an earthquake would render the City particularly vulnerable to devastation. (5) The City has extensive hillside topography, unstable geology, watershed areas, expansive soils, and underground streams. In addition, the regional climate alternates between extended periods of drought and brief periods of rainfall. For these reasons, the City is susceptible to flood conditions. (6) Because of the above-described geological conditions within the City, and the substantial amount of freeway, railroad, and flood control facilities throughout the community, the City, in the event of an earthquake, may be unable to dispatch an adequate number of fire personnel and apparatus to suppress fires and conduct rescue operations. Moreover, the conditions within Diamond Bar likewise occur in surrounding communities, hereby rendering mutual aid assistance problematic, at best. (7) Due to the City's topography, numerous hillside fire hazard areas are located within its boundaries. (8) Climatic conditions within the community render it extremely likely that, in the event of seasonal high winds and earthquake occurring, the County Fire Department would be unable to suppress numerous fires occurring throughout the community. (9) Located throughout the City, as well as in the surrounding communities, are numerous concentrations of structures which have roofs constructed of thinly cut pieces of wood, otherwise known as untreated shakes, as well as untreated wood shingles. These untreated wood shakes and shingles are extremely combustible in nature. (10) The City is located in an area climatically classified as "arid" and prone to winds of high velocity. Moreover, due to the arid nature of the area, the weather during the windy periods tends to be very warm and dry. The dry weather conditions present a significant threat of wild fire to the City's undeveloped hillsides, wild lands, and nearby homes, and highly populated areas. The potential for rapid spread of even small fires creates a need for increased levels of fire protection. (11) Sound transmission controls are necessary to protect City residents from 6.1.a Packet Pg. 201 Ordinance No. 03 (2022) 4 excessive noise generated by multiple nearby freeway interchanges and large arterial streets, among other sources. (12) Local climate makes pool ownership desirable. Children often reside in close proximity to swimming pools, making pool barriers necessary. This need is increased due to potential delays in emergency rescue response resulting from the location of hillside residences and traffic congestion. (13) The City is in an area classified climatically as “arid” and subject to seasonal high temperatures that will affect electrical wiring not designed to be retained for an extended period of time. The Council does hereby further expressly find and determine that the amendments to the Title 24 building standards, set forth herein, and as referenced below, are appropriate given the specific local climatic, geological or topographic conditions set forth above. CBC Sections 1505.1, 1505.1.3 and 1505.1.1 – Findings 7,8,9, and 10. CBC Sections 1612.5 – Finding 5. CBC Sections 1801.2, 1803.1, 1803.8, 1803.8.1, 1803.8.2, 1809.4 and Appendix J – Findings 1, 2, 3, 4, and 5. CRC Sections R301.1.3.2, R313.1, R313.2, R337.1.3.1, R337.2 – Findings 6, 7, 8, 9, and 10. CRC Section R332 – Finding 1. CRC Section R331 – Finding 11. CRC Section R602.10.8 – Finding 1, 2, 3, 4, and 5. CBC Section 3109.4.1 and CRC R333 – Finding 12. CPC Section 722.6 – Finding 3. CEC Section 590.3 – Finding 13. The following local conditions apply to the California Fire Code Amendments: (14) The City is located in a seismically active area and is in close proximity to various active faults including the Chino, Sierra Madre, Cucamonga, Whittier, San Jacinto and Raymond Faults It is reasonably foreseeable that an earthquake would render the City particularly vulnerable to devastation. (15) The City has extensive hillside topography, unstable geology, watershed areas, expansive soils, and underground streams. In addition, the regional climate alternates between extended periods of drought and brief periods of rainfall. For these reasons, the City is susceptible to flood conditions. 6.1.a Packet Pg. 202 Ordinance No. 03 (2022) 5 (16) Because of the above-described geological conditions within the City, and the substantial amount of freeway, railroad, and flood control facilities throughout the community, the City, in the event of an earthquake, may be unable to dispatch an adequate number of fire personnel and apparatus to suppress fires and conduct rescue operations. Moreover, the conditions within Diamond Bar likewise occur in surrounding communities, hereby rendering mutual aid assistance problematic, at best. (17) Due to the City's topography, numerous hillside fire hazard areas are located within its boundaries. (18) Climatic conditions within the community render it extremely likely that, in the event of seasonal high winds and earthquake occurring, the County Fire Department would be unable to suppress numerous fires occurring throughout the community. (19) Located throughout the City, as well as in the surrounding communities, are numerous concentrations of structures which have roofs constructed of thinly cut pieces of wood, otherwise known as untreated shakes, as well as untreated wood shingles. These untreated wood shakes and shingles are extremely combustible in nature. (20) The City is located in an area climatically classified as "arid" and prone to winds of high velocity. Moreover, due to the arid nature of the area, the weather during the windy periods tends to be very warm and dry. The dry weather conditions present a significant threat of wild fire to the City's undeveloped hillsides, wildlands, and nearby homes and highly populated areas. The potential for rapid spread of even small fires creates a need for increased levels of fire protection. The Council does hereby further expressly find and determine that the amendments to the Title 24 building standards, set forth herein, are appropriate given the specific local climatic, geological or topographic conditions set forth above. Section 2. Title 15 (Building and Construction Safety), Chapter 15.00, Division 2. Administration Code is hereby deleted in its entirety and replaced to read as follows: DIVISION 2. - ADMINISTRATION CODE Sec. 15.00.110. Chapter 1, Division II of the California Building Code (Scope and Administration) – Adopted. Sec. 15.00.120. Amendments to Chapter 1, Division II of the California Building Code (Scope and Administration). Sec. 15.00.130. Penalties for violation of division. Secs. 15.00.140. – 15.00.300. Reserved. 6.1.a Packet Pg. 203 Ordinance No. 03 (2022) 6 Sec. 15.00.110. Chapter 1, Division II of the California Building Code (Scope and Administration) – Adopted. Except as amended by Section 15.00.120, Chapter 1, Division II of the 2022 California Building Code, is hereby adopted and incorporated herein by reference as though fully set forth in this Division and shall constitute the Administration Code of the City. Sec. 15.00.120. Amendments to Chapter 1, Division II of the California Building Code (Scope and Administration). (1) Section 104.6 of the California Building Code is amended to read as follows: 104.6 Right of entry. The building official, or his/her duly authorized representative, shall have the authority to enter any building or premises for the purpose of investigation of the existence of suspected or reported damage or defects which constitute an immediate danger to human life or an immediate hazard to public safety or health. Except in emergency situations, the building official, or his/her authorized representative, shall not enter any building or premises without the consent of the owner or occupant thereof, unless he/she possesses a warrant authorizing entry and search of the premises. No person shall hinder or prevent the building official, or his/her authorized representative, while in the performance of the duties herein described as emergency situations or while in possession of a warrant, from entering upon and into any and all premises under his/her jurisdiction, at all reasonable hours, for the purpose of inspecting the same to determine whether or not the provisions of the Chapter and all other applicable laws or ordinances pertaining to the protection of persons or property are observed therein. (2) Section 105.1 of the California Building Code is amended to read as follows: 105.1 Permits required. Except as specified in Section 105.2, no building or structure regulated by this Code shall be used, erected, constructed, enlarged, altered, repaired, moved, improved, removed, occupied, maintained, converted or demolished unless a separate permit for each building or structure has first been obtained from the building official. All signs affixed to any building or structure and not otherwise requiring a permit hereunder shall require a building permit. (3) Section 105.2 of the California Building Code is amended to restate exemptions 1, 4, and 9 as follows: 105.2 Work exempt from permit. 1. One story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided (a) the floor area is not greater than 120 square feet (11 m²); (b) the structure does not 6.1.a Packet Pg. 204 Ordinance No. 03 (2022) 7 exceed 8 feet (2.44 m) in height; (c) the structure has no plumbing or electrical installations or fixtures; and (d) the structure is separated from any other accessory structures by a minimum distance of 6 feet (1.83 m) 4. Retaining walls that are not over 3 feet (914 mm) in height measured from the bottom of footing to the top of the wall, unless supporting a surcharge or impounding flammable liquids. 9. Prefabricated swimming pools, spas, or hot tubs accessory to Group R, Division 3 Occupancy that are less than 24 inches deep (610 mm), are not greater than 5,000 gallons (18 925 L) and are installed entirely above ground. (4) Section 105.3 of the California Building Code is amended to read as follows: 105.3 Application for permit. Application for a permit to perform the work shall be made in writing to the building official and shall fully describe said work. Plans, engineering calculations, diagrams, and other data, including specifications and schedules, may be required to determine whether the installation as described will be in conformance with the requirements of this Title. If it is found that the installation as described will conform to all legal requirements, and if the applicant has complied with the provisions of this Title, a permit for such installation shall be issued. No deviation may be made from the installation described in the permit and plan without the prior written approval of the building official. (5) Section 105.3.2 of the California Building Code is amended to read as follows: 105.3.2 Expiration of plan review. Applications for which no permit is issued within one-hundred-eighty (180) days following the date of filing shall expire by limitation, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the building official. The building official may extend the time for action by the applicant for a period not exceeding 180 days upon request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. No application shall be extended more than once. In order to renew action on an application after expiration, the applicant shall resubmit plans and pay a new plan review fee. Where applicable, CA Health and Safety Code 18938.5 to 18938.6 shall apply. (6) Section 105.5 of the California Building Code is amended to read as follows: 105.5 Expiration. Except as set forth in Section 105.5.1 and 105.5.2, every permit issued shall expire by limitation and become null and void as follows: 6.1.a Packet Pg. 205 Ordinance No. 03 (2022) 8 (i) Every permit issued by the building official under the provisions of this Code shall expire and become null and void unless the work authorized by such permit is commenced within twelve (12) months after permit issuance, and if a successful inspection has not been obtained from the building official within one-hundred-eighty (180) days from the date of permit issuance or the last successful inspection. A successful inspection shall mean a documented passed inspection by the city building inspector as outlined in Section 110.6. The building official may extend the time for action by the applicant in writing for a period not exceeding one-hundred-eighty (180) days beyond the latest expiration limit upon written request by the applicant, filed with the building official prior to expiration of the original permit. Where applicable, CA Health and Safety Code 18938.5 to 18938.4 shall apply but shall not negate the requirement for a successful inspection. (ii) In the event of permit expiration and before work for which such permit was required can be commenced or recommenced, a new permit shall first be obtained (hereafter, a “renewal permit”). The applicant must pay all applicable renewal fees, in the amount then established by resolution of the City Council. If a renewal permit is applied for, the building official shall have the discretion to request a site inspection prior to its issuance and a miscellaneous inspection fee shall be paid by the applicant prior to inspection. The inspection fee shall be as specified by resolution of the City Council. In addition, the applicant may be required to resubmit plans and specifications, when deemed necessary by the building official to verify compliance with the building codes, ordinances, regulations, standards, and laws in effect at the time the renewal permit is applied for. (iii) Upon issuance of a renewal permit, the building official may allow the applicant to commence or recommence such work from the last successful inspection of record under the original permit. When an expired building permit includes expired sub-permits, activation of the renewal permit shall activate all subsequent expired sub-permits. All work to be performed under a renewal permit must be completed in accordance with the building codes, ordinances, regulations, standards, and laws in effect on the date of issuance of the renewal permit. (iv) Demolition permits shall expire by limitation and shall become null and void if the work authorized by such permits is not substantially commenced within 45-days of the date such permit was issued or as otherwise specified by the building official. (7) Section 105.5.2 is added to the California Building Code to read as follows: 105.5.2 Expiration of permit for unlawful structure. Notwithstanding any provision of Section 105.5, if a building permit was issued in order to bring an un-permitted structure or other unlawful, substandard, or 6.1.a Packet Pg. 206 Ordinance No. 03 (2022) 9 hazardous condition into compliance with any applicable law, ordinance, rule or regulation, such permit shall expire by limitation and become null and void 90 days after the date on which the permit was issued if all work has not been completed and final inspection approved by the building inspector per Section 110.3.12 prior to the close of the 90 day period. The building official may extend the validity of the permit for a period not exceeding 90 days beyond the initial 90-day limit upon written request by the applicant filed with the building official prior to the expiration date of the original permit. Where a project cannot reasonably be completed within the timeframes listed in this Section, an applicant may request in writing, prior to issuance of permit or prior to expiration of permit, building official approval of a longer period not to exceed 360 days in total, inclusive of all available extensions. (8) Section 105.8 is added to the California Building Code to read as follows: 105.8 Qualifications of permittee. No person shall be issued a permit under this Chapter until evidence of a valid California Contractor's License and Workers’ Compensation Insurance is presented to the building official. EXCEPTION: Owner-builder permit may be issued for specified occupancies in accordance with California law. (9) Section 109.1 of the California Building Code is amended to read as follows: 109.1 Permit fees. The fees required in this Chapter shall be paid to the Building Official for all work for which a permit is required by this Title. (10) Section 109.4 of the California Building Code is amended to read as follows: 109.4 Work commencing before permit issuance. Failure to obtain a permit and to pay fees therefore before commencing work shall be deemed evidence of violation of the provisions of this Chapter. A penalty, as established by resolution of the City Council, shall be assessed for work commenced before a permit is issued. Whenever any work for which a permit is required under the provisions of this Chapter has been commenced without the authorization, a special investigation may be required before a permit will be issued for any such work. In addition to any regular permit fee and/or any penalty fee, the said investigation fee shall be collected as established by resolution of the City Council. (11) Section 109.6 of the California Building Code is amended to read as follows: 109.6 Fee refunds. The building official shall collect such fees as are required to be paid by this Chapter and shall make no refund of fees paid except in accordance the provisions of this Section and in no event after one hundred eighty (180) days have elapsed from the date of the issuance of the permit. All requests for refund of fees paid shall be made in writing 6.1.a Packet Pg. 207 Ordinance No. 03 (2022) 10 to the building official and shall be made in accordance with the procedures and refund schedule established by resolution of the City Council. (12) Section 109.7 is added to the California Building Code read as follows: 109.7 Plan review fees. When a plan or other data is required to be submitted for review and approval by the building official pursuant to this Chapter, a plan review fee shall be paid at the time of submittal of such plan or other data. Said plan review and recheck fees shall be established, and may be amended from time to time, by resolution of the City Council. (13) Section 110.3.4.2 is added to the California Building Code to read as follows: 110.3.4.2 Accessibility rough inspection. Accessibility rough inspections shall be made at the same time with rough frame inspections outlined in Section 110.3.4. Framing shall be verified for accessible dimensions and site access features shall be prepared, non-accessible features demolished, and measurements verified for installation of curb ramps, slope of surfaces, future concrete or asphalt installation, signage locations prepared, discrepancies between plans and site conditions resolved, and any other accessible features as determined by the building official. (14) Section 113.1 of the California Building Code is amended to read as follows: 113.1 Appeals. A decision of the building official regarding the interpretation or implementation of any provision of this Chapter or the Code adopted hereby shall be final and shall become effective forthwith upon the service of the decision by the building official, in writing, upon the permittee. For the purposes of this section, service upon the permittee shall mean either personal delivery or placement in the United States Mail, postage prepaid, and addressed to the permittee at his last known business address; provided, however, that the permittee may, within ten (10) days after the effective date of the decision of the building official, file an appeal with the City Clerk, in writing, specifying the reason or reasons for the appeal and requesting that the Board of Appeals review the decision of the building official. (15) Section 113.3 of the California Building Code is amended to read as follows: 113.3 Board of Appeals. The City Council shall act as the Board of Appeals in making a final determination of any appeal filed in accordance with the provisions of Section 113.1. The City Clerk shall schedule a hearing on the appeal at reasonable times at the convenience of the Board of Appeals, but not later than thirty (30) days after receipt of the written appeal. The permittee may appear in person before the Board or be 6.1.a Packet Pg. 208 Ordinance No. 03 (2022) 11 represented by an attorney and may introduce evidence to support his claim. The building official shall transmit to the Board all records, papers, documents, and other materials in support of his decision and shall provide a copy thereof to the permittee appealing the decision of the building official. The permittee appealing the decision of the building official shall cause, at his own expense, any tests or research required by the Board to substantiate his claim to be performed or otherwise carried out. The Board may continue such appeal hearing from time to time as deemed necessary by the Board. The Board may, by resolution, affirm, reverse or modify in whole or in part, any appealed decision, determination, or interpretation of the building official. A copy of the resolution adopted by the Board shall be mailed to the permittee and the Board's decision shall be final upon the mailing, by United States Mail, postage prepaid, to the permittee's last known address of record. The determination of value or valuation under any of the provisions of this Chapter shall be made by the building official whose determination shall be final. The value is to be utilized in computing the permit and plan review fees established pursuant to this Chapter shall be the total value of all work for which the permit is issued including, by way of illustration and not by limitation, construction and finish work, painting, roofing, electrical, plumbing, heating, air-conditioning, elevators, fire-extinguishing systems, and all other permanent equipment. Sec. 15.00.130. Penalties for violation of division. It shall be unlawful for any person, firm, partnership, or corporation to violate any provision, or to fail to comply with any of the requirements, of this Division. Any person, firm, partnership, or corporation violating any provision of this Division or failing to comply with their requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding One Thousand Dollars ($1,000.00) or by imprisonment not exceeding six (6) months or by both such fine and imprisonment. Each such person, firm, partnership, or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this Division or the Codes adopted hereby is committed, continued or permitted by such person, firm, partnership, or corporation, and shall be deemed punishable therefore as provided in this Division. Secs. 15.00.140 – 15.00.300. Reserved. Section 3. Title 15 (Building and Construction Safety), Chapter 15.00, Division 3. Building Code is hereby deleted in its entirety and replaced to read as follows: DIVISION 3. - BUILDING CODE Sec. 15.00.310. California Building Code – Adopted. 6.1.a Packet Pg. 209 Ordinance No. 03 (2022) 12 Sec. 15.00.320. Amendments to the California Building Code. Sec. 15.00.330. Penalties for violation of division. Secs. 15.00.340. – 15.00.500. Reserved. Sec. 15.00.310. California Building Code – Adopted. Except as amended by Sections 15.00.120 and 15.00.320, the 2022 California Building Code (Part 2 of Title 24 of the California Code of Regulations), and Appendix I (Patio Covers), and J (Grading) thereto, based on the 2021 International Building Code published by the International Code Council, is hereby adopted and incorporated herein by reference as though fully set forth in this Division and shall constitute the Building Code of the City. A copy of such Code has been deposited in the office of the City Clerk and shall be, at all times, maintained by the City Clerk for use and examination by the public. Sec. 15.00.320. Amendments to the California Building Code. (1) Section 1505.1 of the California Building Code is amended to read as follows: 1505.1 Roof covering requirements. The roof covering or roofing assembly on any structure regulated by this Code shall as specified in Table 1505.1 and as classified in Sections 1505.2 to 1505.8. Roofing shall be secured or fastened to the supporting roof construction and shall provide weather protection for the building at the roof. (2) Section 1505.1.1 of the California Building Code is amended to read as follows: 1505.1.1 Roof coverings within high fire hazard severity zones. Unless governed by more stringent requirements of this Code, buildings within any area designated as a Very-High Fire Hazard Zone shall have a fire-retardant roof covering that is at least a Class A, as specified below: (i) Section 1505.1.1 is applicable to the entire roof covering of new buildings, to the entire roof covering of existing buildings where twenty-five percent (25%) or more of the roof area is replaced within any one-year period, and any roof covering applied in the alteration, repair or replacement of the roof of every existing structure. (ii) The installer of the roof covering shall provide certification of the roof covering classification to the building owner and, when requested, to the inspection authority having jurisdiction. (3) Section 1505.1.2 of the California Building Code is amended to read as follows: 1505.1.2 Roof coverings within all other areas. The entire roof covering of every existing structure where more than 25 percent of the total 6.1.a Packet Pg. 210 Ordinance No. 03 (2022) 13 roof area is replaced within any one-year period, the entire roof covering of every new structure, and any roof covering applied in the alteration, repair or replacement of the roof of every existing structure, shall be a fire- retardant roof covering that is at least Class C. (4) Section 1612.5 is added to the California Building Code to read as follows: 1612.5 Flood hazard. Buildings and other structures (including walls and fences) are not permitted in an area determined by the City Engineer to be subject to flood hazard by reason of inundation, overflow, or erosion. The placement of the building and other structures (including walls and fences) on the building site shall be such that water or mud flow will not be a hazard to the building or adjacent property. EXCEPTION: This prohibition shall not apply when provision is made to eliminate such flood hazard to the satisfaction of the City Engineer by providing adequate drainage facilities, by protective walls, suitable fill, raising the floor level of the building, a combination of these methods, or by other means. Provisions must be determined by an engineering analysis, prepared in accordance with standard engineering practice by a registered design professional, that demonstrates the proposed work will not result in any increase in the level of the base flood. (5) Section 1801.2 is added to the California Building Code to read as follows: Section 1801.2 Seismic hazard zone maps. Special studies zones maps within the City of Diamond Bar prepared under Sections 2622 and 2623 of the California Public Resources Code which show traces of earthquake faults are hereby declared to be, on the date of official issue, a part of this Code, and may be referred to elsewhere in this Code. Special studies zones maps revised under the above Sections of the California Public Resources Code shall, on the date of their official issue, supersede previously issued maps which they replace. Copies of each of the above maps shall be available for examination by the public at the Department of Public Works, Department of Community Development, and the Office of the City Clerk. (6) Section 1803.1 of the California Building Code is amended by the addition of a second paragraph to read as follows: The City Engineer in the case of an application for a grading permit or if the Building Official determines necessary, may require an engineering geology or geotechnical engineering report, or both, where in his opinion such reports are essential for the evaluation of the safety of the site. The engineering geology or geotechnical engineering report or both shall 6.1.a Packet Pg. 211 Ordinance No. 03 (2022) 14 contain a finding regarding the safety of the building site for the proposed structure against hazard from landslide, settlement or slippage and a finding regarding the effect that the proposed building or grading construction will have on the geologic stability of property outside of the building site. Any engineering geology report shall be prepared by a certified engineering geologist licensed by the State of California. Any geotechnical engineering report shall be prepared by a civil engineer qualified to perform this work, such as a geotechnical engineer experienced in soil mechanics. When both an engineering geology and geotechnical engineering report are required for the evaluation of the safety of a building site, the two reports shall be coordinated before submission to the City Engineer and/or Building Official. Any finding regarding the safety of the building site and the effect that the proposed building or grading construction will have on the geologic stability of property outside of the building site must be substantiated with sufficient data and analyzed in a manner consistent with the current industry standard of care and must be concurred with by the City Engineer and/or Building Official who may rely on the opinion of independent geotechnical reviewers. (7) Section 1803.8 is added to the California Building Code to read as follows: 1803.8 Geologic hazards. No building or grading permit shall be issued under the provisions of this Section 1803 when the City Engineer finds that property outside the site of the proposed work could be damaged by activation or acceleration of a geologically hazardous condition and such activation or acceleration could be attributed to the proposed work on, or, change in use of, the site for which the permit is requested. For the purpose of this Section, geologically hazardous condition does not include surface displacement due to earthquake faults. (8) Section 1803.8.1 is added to the California Building Code to read as follows: 1803.8.1 Work requiring a building or grading permit by this Code is not permitted in an area determined by the City Engineer to be subject to hazard from landslide, settlement, or slippage. These hazards include those from loose debris, slope wash and the potential for mud flows from natural slopes or graded slopes. For the purposes of this Section, landslide, settlement, or slippage does not include surface displacement due to earthquake faults. (9) Section 1803.8.2 is added to the California Building Code to read as follows: 1803.8.2 Subject to the conditions of Section 1803.8, permits may be issued in the following cases: (i) When the applicant has submitted an engineering, geology and/or geotechnical engineering report or reports complying with the policies and provisions of City Engineer which report or reports show that the hazard will be eliminated prior to the use or occupancy of the 6.1.a Packet Pg. 212 Ordinance No. 03 (2022) 15 land or structures by modification of topography, reduction of subsurface water, buttressing, a combination of these methods, or by other means. (ii) When the applicant has submitted an engineering geology and/ geotechnical engineering report or reports complying with the policies and provisions of the City Engineer which report or reports contain sufficient data to show that the site appears to be in no danger for the intended use. (10) Section 1809.4 of the California Building Code is amended to read as follows: 1809.4 Foundations on expansive soil. Unless otherwise specified by a registered geotechnical engineer, foundation systems within the City of Diamond Bar are considered to be on expansive soil and shall be constructed in a manner that will minimize damage to the structure from movement of the soil. Slab-on-grade and mat-type footings for buildings located on expansive soils may be designed in accordance with the provisions of Section 1808.6.2 or such other engineering design based upon geotechnical recommendation as approved by the Building Official. Where such an approved method of construction is not provided, foundations and floor slabs shall comply with the following requirements: (i) Depth of foundations below the natural and finish grades shall be not less than 24 inches for exterior and 18 inches for interior foundations. (ii) Exterior walls and interior bearing walls shall be supported on continuous foundation. (iii) Foundations shall be reinforced with at least two continuous one- half-inch diameter deformed reinforcing bars top and bottom. Two bars shall be placed within four inches of the bottom of the foundation and two within four inches of the top of the foundation. (iv) Concrete floor slabs on grade shall be cast on a four-inch fill of coarse aggregate or on a moisture barrier membrane. The slabs shall be at least three and one-half inches thick and shall be reinforced with welded wire mesh or deformed reinforcing bars. Welded wire mesh shall have a cross-sectional area of not less than five-hundredths square inch per foot each way. Reinforcing bars shall have a diameter of not less than three-eighths inch and be spaced at intervals not exceeding 24 inches each way. (v) The soil below an interior concrete slab shall be saturated with moisture to a depth of 18 inches prior to casting the concrete. 6.1.a Packet Pg. 213 Ordinance No. 03 (2022) 16 (11) Section 3109.3 of the California Building Code is amended to read as follows: 3109.3 Barrier Height and clearances. The top of the barrier shall be not less than 60 inches (1524 mm) above grade measured on the side of the barrier that faces away from the swimming pool. The vertical clearance between grade and the bottom of the barrier shall be not greater than 2 inches (51 mm) measured on the side of the barrier that faces away from the swimming pool. Where the top of the pool structure is above grade, the barrier is authorized to be at ground level or mounted on top of the pool structure, and the vertical clearance between the top of the pool structure and the bottom of the barrier shall be not greater than 4 inches (102 mm). Residential swimming pools barriers shall be completely enclosed by a barrier complying with Sections 3109.4.1.1 through 3109.4.3 below: 3109.3.1 Openings Openings in the barrier shall not allow passage of a 4-inch-diameter (102 mm) sphere. 3109.3. 2 Solid barrier surfaces Solid barriers which do not have openings shall not contain indentations or protrusions except for normal construction tolerances and tooled masonry joints. 3109.3. 3 Closely spaced horizontal members Where the barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members is less than 45 inches (1143 mm), the horizontal members shall be located on the swimming pool side of the fence. Spacing between vertical members shall be not greater than 13/4 inches (44 mm) in width. Where there are decorative cutouts within vertical members, spacing within the cutouts shall be not greater than 13/4 inches (44 mm) in width. 3109.3.4 Widely spaced horizontal members Where the barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members is 45 inches (1143 mm) or more, spacing between vertical members shall be not greater than 4 inches (102 mm). Where there are decorative cutouts within vertical members, spacing within the cutouts shall be not greater than 13/4 inches (44 mm) in width. 3109.3.5 Chain link dimensions 6.1.a Packet Pg. 214 Ordinance No. 03 (2022) 17 Mesh size for chain link fences shall be not greater than a 21/4-inch square (57 mm square) unless the fence is provided with slats fastened at the top or the bottom that reduce the openings to not more than 13/4 inches (44 mm). 3109.3.6 Diagonal members Where the barrier is composed of diagonal members, the opening formed by the diagonal members shall be not greater than 13/4 inches (44 mm). 3109.3.7 Gates Access doors or gates shall comply with the requirements of Sections 3109.4.1.1 through 3109.4.1.6 and shall be equipped to accommodate a locking device. Pedestrian access doors or gates shall open outward away from the pool and shall be self-closing and have a self-latching device. Doors or gates other than pedestrian access doors or gates shall have a self-latching device. Release mechanisms shall be in accordance with Sections 1010.1.9 and 1109.13. Where the release mechanism of the self- latching device is located less than 54 inches (1372 mm) from the bottom of the door or gate, the release mechanism shall be located on the pool side of the door or gate 3 inches (76 mm) or more, below the top of the door or gate, and the door or gate and barrier shall be without openings greater than 1/2 inch (12.7 mm) within 18 inches (457 mm) of the release mechanism. 3109.3.8 Dwelling wall as a barrier Where a wall of a dwelling serves as part of the barrier, one of the following shall apply: 1. Doors with direct access to the pool through that wall shall be equipped with an alarm that produces an audible warning when the door or its screen, if present, are opened. The alarm shall be listed and labeled in accordance with UL 2017. In dwellings not required to be Accessible units, Type A units or Type B units, the deactivation switch shall be located 54 inches (1372 mm) or more above the threshold of the door. In dwellings required to be Accessible units, Type A units or Type B units, the deactivation switch shall be located not higher than 54 inches (1372 mm) and not less than 48 inches (1219 mm) above the threshold of the door. 2. The pool shall be equipped with a power safety cover that complies with ASTM F1346. 6.1.a Packet Pg. 215 Ordinance No. 03 (2022) 18 3. Other means of protection, such as self-closing doors with self-latching devices, which are approved, shall be accepted so long as the degree of protection afforded is not less than the protection afforded by Item 1 or 2 above. 3109.3.9 Pool structure as barrier Where an above-ground pool structure is used as a barrier or where the barrier is mounted on top of the pool structure, and the means of access is a ladder or steps, then the ladder or steps either shall be capable of being secured, locked or removed to prevent access, or the ladder or steps shall be surrounded by a barrier that meets the requirements of Sections 3109.4.1.1 through 3109.4.1.8. Where the ladder or steps are secured, locked or removed, any opening created shall not allow the passage of a 4-inch-diameter (102 mm) sphere. 3109.4.1 Indoor swimming pools Walls surrounding indoor swimming pools shall not be required to comply with Section 3109.4.1.8. 3109.4.2 Prohibited locations Barriers shall be located so as to prohibit permanent structures, equipment or similar objects from being used to climb the barriers. (12) Section J101.2 is added to Appendix J of the California Building Code to read as follows: J101.2 Flood hazard areas. Unless the applicant has submitted an engineering analysis, prepared in accordance with standard engineering practice by a registered design professional, that demonstrates the proposed work will not result in any increase in the level of the base flood, grading excavation and earthwork construction, including fills and embankments, shall not be permitted in floodways that are in flood hazard areas established in Section 1612.3 or in flood hazard areas where design flood elevations are specified but floodways have not been designated. (13) Section J101.3 is added to Appendix J of the California Building Code to read as follows: J101.3 Hazardous conditions. Whenever the City Engineer determines that any existing excavation, embankment or fill has become a hazard to life and limb, or endangers property, structures, or adversely affects the safety, use or stability of a public way or drainage channel, the owner of the property upon which the excavation, embankment or fill is located, or other person or agent in control of said property, upon receipt of notice in writing 6.1.a Packet Pg. 216 Ordinance No. 03 (2022) 19 from the City Engineer shall within the period specified therein repair, reconstruct or remove such excavation, embankment or fill so as to eliminate the hazard in conformance with the requirements of this Code. (14) Section J101.4 is added to Appendix J of the California Building Code to read as follows: J101.4 Maintenance of protective devices and rodent control. The owner of any property on which grading has been performed pursuant to a permit issued under the provisions of this Code, or any other person or agent in control of such property, shall maintain in good condition and repair all drainage structures and other protective devices and burrowing rodent control when shown on the grading plans filed with the application for grading permit and approved as a condition precedent to issuance of such permit. (15) Section J101.5 is added to Appendix J of the California Building Code to read as follows: J101.5 Correlation with other sections. The provisions of this chapter are independent of the provisions of Division 9, Building and Property Rehabilitation Code of Title 15 of the Diamond Bar City Code. (16) Section J102.1 of Appendix J of the California Building Code is revised by adding the following definitions: BUILDING OFFICIAL. Whenever in Appendix J the term “Building Official” is used, said term shall mean, and all powers and duties to be exercised by the Building Official shall be vested in, the City Engineer of the City of Diamond Bar. CIVIL ENGINEER. A professional engineer registered in the State of California to practice in the field of civil engineering works and shall include the civil engineer of record or project engineer. CIVIL ENGINEERING. The application of the knowledge of the forces of nature, principles of mechanics and the properties of materials to the evaluation, design and construction of civil engineering works. DESIGN ENGINEER. The Civil Engineer responsible for the preparation of the grading plans for the site grading work. ENGINEERING GEOLOGIST. Shall mean a person experienced and knowledgeable in engineering geology and holding a valid certificate of registration as a geologist issued by the State of California. GEOTECHNICAL ENGINEER. See “Soils Engineer.” 6.1.a Packet Pg. 217 Ordinance No. 03 (2022) 20 GEOTECHNICAL HAZARD. An adverse condition due to landslide, settlement, and/or slippage. These hazards include but are not limited to loose debris, slopewash, and mud flows from natural or graded slopes. LANDSCAPE ARCHITECT. A person holding a valid certificate of registration as a landscape architect issued by the State of California. SOILS ENGINEER (GEOTECHNICAL ENGINEER). A civil engineer experienced and knowledgeable in the practice of soils (geotechnical) engineering and holding a valid certificate of registration as a soils (geotechnical) engineer issued by the State of California and shall include the soils engineer of record or project soils engineer. SOILS ENGINEERING (GEOTECHNICAL ENGINEERING). The application of the principals of soils mechanics in the investigation, evaluation, and design of civil engineering works involving the use of earth materials and the inspection or testing of construction thereof. (17) Section J103.1 of Appendix J of the California Building Code is amended to read as follows: J103.1 Permits required. Except as exempted in Section J103.2, no person shall do any grading without first obtaining a grading permit from the City Engineer. A separate permit shall be required for each site, and may cover both excavations and fills, except that a grading permit may be issued for a site to include incidental minor work outside the site on contiguous property, provided that the owner of such contiguous property has filed with the City Engineer written consent to the work. Such consent shall include a statement that the owner will irrigate and maintain planted slopes and maintain drains located within his property and the owner will hold the City of Diamond Bar free and clear of any liability for damages to the proposed work. A grading permit does not include the construction of retaining walls or other structures. (18) Section J103.3 is added to Appendix J of the California Building Code to read as follows: J103.3 Other permits required and jurisdiction of other agencies. J103.3.1 Other permits required. Permits issued under the provisions of Appendix J convey no right to erect any foundation, structure or building, or construct any swimming pool, spa or hot tub, or do any plumbing work, or do any electrical work. Regular foundation, structure or building; swimming pool, spa or hot tub; plumbing; electrical or other permits shall be secured for all such work. J103.32 Jurisdiction of other agencies. Permits issued under the 6.1.a Packet Pg. 218 Ordinance No. 03 (2022) 21 provisions of Appendix J shall not relieve the owner of the responsibility for securing permits, licenses or approvals that may be required from other departments or divisions of the governing agencies. (19) Section J103.4 is added to Appendix J of the California Building Code to read as follows: J103.4 Grading designation. Grading involving any fill intended to support structures, or grading for the development of more than one lot or parcel, or grading in excess of 50 cubic yards, or grading which includes excavation or fill in excess of 5 feet in depth or height shall be performed in accordance with the approved grading plan prepared by a civil engineer, and shall be designated as “engineered grading”. All other grading shall be designated as “regular grading” unless the permittee chooses to have the grading performed as “engineered grading” or unless the City Engineer determines that special conditions or unusual hazards exist, in which case grading shall be designated as and conform to the requirements of “engineered grading”. (20) Section J104.5 is added to Appendix J of the California Building Code to read as follows: J104.5 Issuance. The provisions of Section 105.3 of Chapter 1, of the California Building Code as duly adopted, are applicable to grading permits. The City Engineer may require that grading operations and project designs be modified if delays occur which incur weather-generated problems not considered at the time the permit was issued. The City Engineer may require professional inspection and testing by the soils engineer. When the City Engineer has cause to believe that geologic factors may be involved, the grading will be required to conform to “engineered grading”. The City Engineer may require bonds in such form and amounts as may be deemed necessary to ensure that the work, if not completed in accordance with the approved plans and specifications, will be corrected to eliminate hazardous conditions. In lieu of a surety bond, the applicant may file a cash bond or instrument of credit with the City Engineer in an amount equal to that which would be required in the surety bond. (21) Section J104.6 is added to Appendix J of the California Building Code to read as follows: J104.6 Denial of permit. 6.1.a Packet Pg. 219 Ordinance No. 03 (2022) 22 J104.6.1 Flood and geologic hazards. The City Engineer shall not issue a grading permit in any case where he finds that the work, as proposed by the applicant, is likely to adversely affect the stability of adjoining property or result in the deposition of debris on any public way or interfere with any existing drainage course or be in any area determined to be subject to flood or geologic hazard under provisions of Section 116 of Chapter 1 of the 2019 California Building Code, as duly adopted and amended. EXCEPTION 1: This prohibition shall not apply when provision is made to eliminate such flood or geologic hazard to the satisfaction of the City Engineer under the provisions of Section 116 of Chapter 1 of the 2019 California Building Code, as duly adopted and amended. EXCEPTION 2: This prohibition shall not apply when grading work in an existing drainage course and is designed to meet all requirements for grading in drainage courses under the City’s Hillside Management Ordinance and provision is made to the satisfaction of the City Engineer to adequately collect, convey and discharge flows through the project without increasing erosion or deposition of debris or adversely affecting upstream or downstream properties. 104.6.2 Land use. The City Engineer shall not issue a grading permit for any work on the site unless the proposed uses shown on the grading plan for the site will comply with the provisions of the Zoning Code Ordinance of the City of Diamond Bar. (22) Section J104.7 is added to Appendix J of the California Building Code to read as follows: J104.7 Import and export of earth materials in excess of 10,000 cubic yards. J104.7.1 Transport over public maintained streets. In addition to other provisions of this Code, the following requirements shall apply when earth materials in excess of 10,000 cubic yards are to be exported from or imported to a grading site by transporting such materials over a publicly maintained street. (i) The point of access to the public street shall be located as approved by the City Engineer. (ii) Special safety precautions, including, but not limited to, the access road approach grade and alignment to the public street, sight distance at the intersection with the public street and traffic control 6.1.a Packet Pg. 220 Ordinance No. 03 (2022) 23 devices may be required by the City Engineer. J104.7.2 Zoning ordinance compliance. No grading permit shall be issued for the import or export of more than 10,000 cubic yards of earth material to or from a grading site where such work would be classified as an “off-site transport grading project” as defined in Title 22 of the Diamond Bar Municipal Code, entitled “Development Code”, unless the project is in conformance with Title 22. (23) Section J105.3 is added to Appendix J of the California Building Code to read as follows: J105.3 Transfer of responsibility. If the civil engineer, the soils engineer, or the engineering geologist of record is changed during grading, the work shall be stopped until the replacement has agreed in writing to accept their responsibility in the area of technical competence for approval upon completion of the work. It shall be the duty of the permittee to notify the City Engineer in writing of such change prior to the recommencement of such grading. (24) Section J109.5 is added to Appendix J of the California Building Code to read as follows: J109.5 Overflow protection. Berms, swales or other devices shall be provided at the top of cut or fill slopes steeper than five horizontal to one vertical to prevent surface waters from overflowing onto and damaging the face of the slope. Gutters or other special drainage controls shall be provided where the proximity of runoff from buildings or other structures is such as to pose a potential hazard to slope integrity. (25) Section J110.3 is added to Appendix J of the California Building Code to read as follows: J110.3 Temporary erosion control precautions. Grading operations shall be planned to avoid the rainy season, October 15 through April 15 of the following calendar year. Grading permits shall only be issued when a plan for erosion control and silt retention has been approved by the City Engineer. J110.3.1 The City Engineer shall not issue a grading permit for any work to be commenced between October 15 of any year and April 15 of the following calendar year, unless detail plans for such work include the details of protective measures, including desilting basins or other temporary drainage control measures, or both, as may be necessary to protect the adjoining public and private property from damage by erosion, flooding or deposition of debris which may originate from the site or result from such grading operations. 6.1.a Packet Pg. 221 Ordinance No. 03 (2022) 24 All protective measures shall be installed before grading is begun. All erosion control measures shall comply with any adopted National Pollutant Discharge Elimination System (NPDES) policies and standards of the City. J110.3.2 Where a grading permit is issued and grading work commenced after April 15 and before October 15 of any year and the plans for such work do not include details of the protective measures described in J110.3a, and it appears that the grading and installation of the permanent drainage devices as authorized by the permit will not be completed by October 15, then, on or before October 15 the owner of the site on which the grading is being performed shall file or cause to be filed with the City Engineer revised detail plans which include details of the protective measures described in, and in all other respects follow, the provisions of J110.3a. J110.3.3 Effect of noncompliance. Should the owner fail to submit detail plans or to provide the protective measures required by Sections J110.3a and J110.3b by the date specified therein, it shall be deemed that a default has occurred under the conditions of the grading permit security. Thereupon the City Engineer may enter the property for the purpose of installing, by City forces or other means, the drainage and erosion control devices shown on the approved detail plans, or if there are no approved detail plans, as may be deemed necessary to protect adjoining property from storm damage, or the City Engineer may cause the owner of the site to be prosecuted as a violator of this Code, or he may take both actions. (26) Section J110.4 is added to Appendix J of the California Building Code to read as follows: J110.4 Permanent erosion control. J110.4.1 Planting and irrigation. The surface of all manufactured slopes shall be protected against damage by erosion by the installation of a permanent irrigation system and planting with ground cover, shrubs and/or trees which provide satisfactory long term erosion control. Planting and plant materials shall be specified and installed in accordance with the Hillside Management Ordinance of the City of Diamond Bar. The irrigation system shall provide adequate coverage and the proper application rate to maintain the appropriate moisture for the establishment and proper growth of the plantings installed, but the irrigation shall not saturate the slopes or cause erosion. J110.4.2 Planting and irrigation plans and specifications. For 6.1.a Packet Pg. 222 Ordinance No. 03 (2022) 25 grading which includes cut slopes more than 5 feet in height; or fill slopes supporting structures of more than 3 feet in height; or natural slopes disturbed more than 10 feet in surficial extent by the grading operations planting and irrigation plans and specifications shall be submitted for approval of the City Engineer and/or the Community Development Director. For all manufactured slopes more than 20 feet in height or natural slopes disturbed more than 20 feet in surficial extent by grading operations plans shall be prepared and signed by a civil engineer or landscape architect. J110.4.3 Rodent control. All manufactured slopes steeper than four horizontal to one vertical within a grading project adjacent to undeveloped or unoccupied land shall be protected from potential slope damage by a preventative program of burrowing rodent control. (27) Section J112 is added to Appendix J of the California Building Code to read as follows: J112 Completion of work. J112.1 Final reports. Upon completion of the rough grading work and at the final completion of the work, the following reports and drawings and supplements thereto are required for engineered grading or when professional inspection is performed for regular grading, as applicable. (i) An as-built grading plan prepared by the licensed civil engineer retained to provide such services showing original ground surface elevations, as-graded ground surface elevations, lot drainage patterns, and the locations and elevations of surface drainage facilities and of the outlets of subsurface drains. As-constructed locations, elevations and details of subsurface drains shall be shown as reported by the soils engineer. Civil engineers shall state that to the best of their knowledge work within their area of responsibility was done in accordance with the final approved grading plan. (ii) A report prepared by the licensed soils engineer retained to provide such services including locations and elevations of field density tests, summaries of field and laboratory tests, other substantiating data, and comments on any changes made during grading and their effect on the recommendations made in the approved soils engineering investigation report. Soils engineers shall submit a statement that, to the best of 6.1.a Packet Pg. 223 Ordinance No. 03 (2022) 26 their knowledge, the work within their area of responsibilities is in accordance with the approved soils engineering report and applicable provisions of this Chapter. (iii) A report prepared by the licensed engineering geologist retained to provide such services including a final description of the geology of the site and any new information disclosed during the grading and the effect of same on recommendations incorporated in the approved grading plan. Engineering geologists shall submit a statement that, to the best of their knowledge, the work within their area of responsibility is in accordance with the approved engineering geologist report and applicable provisions of this Chapter. J112.2 Notification of completion. The permittee shall notify the City Engineer when the grading operation is ready for final inspection. Final approval shall not be given until all work including installation of all drainage facilities and their protective devices, and all erosion-control measures have been completed in accordance with the final approved grading plan, and the required reports have been submitted. Sec. 15.00.330. Penalties for violation of division It shall be unlawful for any person, firm, partnership, or corporation to violate any provision, or to fail to comply with any of the requirements, of this Division. Any person, firm, partnership, or corporation violating any provision of this Division or failing to comply with their requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding One Thousand Dollars ($1,000.00) or by imprisonment not exceeding six (6) months or by both such fine and imprisonment. Each such person, firm, partnership, or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this Division or the Codes adopted hereby is committed, continued or permitted by such person, firm, partnership, or corporation, and shall be deemed punishable therefor as provided in this Division. Secs. 15.00.340 – 15.00.500. Reserved. Section 4. Title 15 (Building and Construction Safety), Chapter 15.00, Division 4. Mechanical Code is hereby deleted in its entirety and replaced to read as follows: DIVISION 4. - MECHANICAL CODE Sec. 15.00.510. California Mechanical Code – Adopted. 6.1.a Packet Pg. 224 Ordinance No. 03 (2022) 27 Sec. 15.00.520. Amendments to the California Mechanical Code. Sec. 15.00.530. Penalties for violation of division. Secs. 15.00.540. – 15.00.700. Reserved. Sec. 15.00.510. California Mechanical Code – Adopted. Except as amended by Section 15.00.520, the 2022 California Mechanical Code (Part 4 of Title 24 of the California Code of Regulations) and the appendices thereto, based on the 2021 Uniform Mechanical Code published by the International Association of Plumbing and Mechanical Officials, is hereby adopted and incorporated herein by reference as though fully set forth in this Division and shall constitute the Mechanical Code of the City. A copy of such Code has been deposited in the office of the City Clerk and shall be, at all times, maintained by the Clerk for use and examination by the public. Sec. 15.00.520. Amendments to the California Mechanical Code (1) Section 101.6 is added to the California Mechanical Code to read as follows: 101.6 Conflicts with Administration Code. Where conflicts between Chapter 1, Division II of this Mechanical Code and the Administration Code occur, the Administration Code shall prevail. The purpose of Chapter 1 Division II of the Mechanical Code is to supplement the Administration Code. (2) Section 104.5 of the California Mechanical Code is amended to read as follows: 104.5 Fees. Refer to Administration Code Section 109. (3) Section 107.0 of the California Mechanical Code is amended to read as follows: 107.0 Board of Appeals. Refer to Administration Code Section 113. Sec. 15.00.530. Penalties for violation of division. It shall be unlawful for any person, firm, partnership, or corporation to violate any provision, or to fail to comply with any of the requirements, of this Division. Any person, firm, partnership, or corporation violating any provision of this Division or failing to comply with their requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding One Thousand Dollars ($1,000.00) or by imprisonment not exceeding six (6) months or by both such fine and imprisonment. Each such person, firm, partnership, or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this Division or the Codes adopted is hereby committed, continued or permitted by such person, firm, partnership, or corporation, and shall be deemed punishable therefor as provided in this Division. 6.1.a Packet Pg. 225 Ordinance No. 03 (2022) 28 Secs. 15.00.540 – 15.00.700. Reserved. Section 5. Title 15 (Building and Construction Safety), Chapter 15.00, Division 5. Plumbing Code is hereby deleted in its entirety and replaced to read as follows: DIVISION 5. - PLUMBING CODE Sec. 15.00.710. California Plumbing Code – Adopted. Sec. 15.00.720. Amendments to the California Plumbing Code. Sec. 15.00.730. Penalties for violation of division. Secs. 15.00.740. – 15.00.900. Reserved. Sec. 15.00.710. California Plumbing Code – Adopted. Except as amended by Section 15.00.720, the 2022 California Plumbing Code (Part 5 of Title 24 of the California Code of Regulations) and the appendices thereto, based on the 2021 Uniform Plumbing Code published by the International Association of Plumbing and Mechanical Officials, is hereby adopted and incorporated herein by reference as though fully set forth in this Division and shall constitute the Plumbing Code of the City. A copy of such Code has been deposited in the office of the City Clerk and shall be, at all times maintained by the City Clerk for use and examination by the public. Sec. 15.00.720. Amendments to the California Plumbing Code. (1) Section 101.4.1 is added to the California Plumbing Code to read as follows: 101.6 Conflicts with Administration Code. Where conflicts between Chapter 1, Division II of this Plumbing Code and the Administration Code occur, the Administration Code will prevail. The purpose of Chapter 1, Division II of the Plumbing Code is to supplement the Administration. (2) Section 104.5 of the California Plumbing Code is amended to read as follows: 104.5 Fees. Refer to Administration Code Section 109. (3) Section 722.6 is added to the California Plumbing Code to read as follows: 722.6 No such excavation shall be left unattended at any time unless the permittee shall have first provided a suitable and adequate barricade to assure public safety. Sec. 15.00.730. Penalties for violation of division. It shall be unlawful for any person, firm, partnership, or corporation to violate any provision, or to fail to comply with any of the requirements, of this Division. Any person, firm, partnership, or corporation violating any provision of this Division or 6.1.a Packet Pg. 226 Ordinance No. 03 (2022) 29 failing to comply with their requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding One Thousand Dollars ($1,000.00) or by imprisonment not exceeding six (6) months or by both such fine and imprisonment. Each such person, firm, partnership, or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this Division or the Codes adopted hereby is committed, continued or permitted by such person, firm, partnership, or corporation, and shall be deemed punishable therefor as provided in this Division. Secs. 15.00.740 – 15.00.900. Reserved. Section 6. Title 15 (Building and Construction Safety), Chapter 15.00, Division 6. Electrical Code is hereby deleted in its entirety and replaced to read as follows: DIVISION 6. - ELECTRICAL CODE Sec. 15.00.910. California Electrical Code – Adopted. Sec. 15.00.920. Amendments to the California Electrical Code. Sec. 15.00.930. Penalties for violation of division. Secs. 15.00.940. – 15.00.1100. Reserved. Sec. 15.00.910. California Electrical Code – Adopted. Except as amended by Section 15.00.920, the 2022 California Electrical Code (Part 3 of Title 24 of the California Code of Regulations), and the appendices thereto, based on the 2020 National Electrical Code published by the National Fire Protection Association, is hereby adopted and incorporated herein by reference as though fully set forth in this Division and shall constitute the Electrical Code of the City. A copy of such Code has been deposited in the office of the City Clerk and shall be, at all times, maintained by the Clerk for use and examination by the public. Sec. 15.00.920. Amendments to the California Electrical Code. (1) Section 89.101.7.4 is added to the California Electrical Code to read as follows: 89.101.7.4 Conflicts with Administration Code. Where conflicts between Article 89 of this Electrical Code and the Administration Code occur, the Administration Code shall prevail. The purpose of Article 89 of the Electrical Code is to supplement the Administration Code. (2) Section 89.108.4.2 of the California Electrical Code is amended to read as follows: 89.108.4.2 Fees. Refer to Administration Code Section 109. (3) Section 89.108.8 of the California Electrical Code is amended to read as 6.1.a Packet Pg. 227 Ordinance No. 03 (2022) 30 follows: 89.108.8 Appeals Board. Refer to Administration Code Section 113. (4) Section 590.3(B) of the California Electrical Code is amended to read as follows: 590.3(B) 30 Days. Temporary electrical power and lighting installations shall be permitted for a period not to exceed 30 days for holiday decorative lighting and similar purposes. Sec. 15.00.930 Penalties for violation of division. It shall be unlawful for any person, firm, partnership, or corporation to violate any provision, or to fail to comply with any of the requirements, of this Division. Any person, firm, partnership, or corporation violating any provision of this Division or failing to comply with their requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding One Thousand Dollars ($1,000.00) or by imprisonment not exceeding six (6) months or by both such fine and imprisonment. Each such person, firm, partnership, or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this Division or the Codes adopted hereby is committed, continued or permitted by such person, firm, partnership, or corporation, and shall be deemed punishable therefor as provided in this Division. Secs. 15.00.940 – 15.00.1100. Reserved. Section 7. Title 15 (Building and Construction Safety), Chapter 15.00, Division 12. Residential Code is hereby deleted in its entirety and replaced to read as follows: DIVISION 12. – RESIDENTIAL CODE Sec. 15.00.3210. California Residential Code – Adopted. Sec. 15.00.3220. Amendments to the California Residential Code. Sec. 15.00.3230. Penalties for violation of division. Sec. 15.00.3210. California Residential Code – Adopted. Except as otherwise provided by this Title, Sections 102 to 116 of the Administration Code, Section 1207 of Chapter 12, and Appendix J of the 2022 California Building Code (Part 2 of Title 24 of the California Code of Regulations) are hereby adopted and incorporated herein by reference as though fully set forth in this Division, and shall be known as Sections R102 to 116 of Chapter 1, Section 1207 of Chapter 12, and Appendix J of the 2019 California Residential Code (Part 2.5 of Title 24 of the California Code of Regulations). Except as amended by Section 15.00.3220, the 2022 California Residential Code 6.1.a Packet Pg. 228 Ordinance No. 03 (2022) 31 (Part 2.5 of Title 24 of the California Code of Regulations), and Appendices H (Patio Covers), J (Existing Buildings and Structures), K (Sound Transmission), and O (Automatic Vehicular Gates) thereto, based on the 2021 International Residential Code published by the International Code Council, is hereby adopted and incorporated herein by reference as though fully set forth in this Division and shall constitute the Building Code of the City. A copy of such Code has been deposited in the office of the City Clerk and shall be, at all times, maintained by the City Clerk for use and examination by the public. Sec. 15.00.3220. Amendments to the California Residential Code. (1) Section R301.1.3.2 of the California Residential Code is amended to read as follows: R301.1.3.2 Wood frame structures. The building official shall require construction documents to be approved and stamped by a California licensed architect or engineer for all dwellings of wood frame construction more than two stories and basement in height located in Seismic Design Category A, B or C. Notwithstanding other sections, the law establishing these provisions is found in Business and Professions Code sections 5537 and 6737.1. The building official shall require construction documents to be approved and stamped by a California licensed architect or engineer for all dwellings of wood frame construction more than one story in height or with a basement located in Seismic Design Category D0, D1, or D2. (2) Sections R313.1 and R313.2 of the California Residential Code are revised by amending the exception to these two Sections to add exception 3 to read as follows: Exception 3: An automatic residential fire sprinkler system shall not be required for additions or alterations to existing buildings that are not already provided with an automatic residential fire sprinkler system unless the addition or alteration affects more than 90% of an existing structure located within a Very High Fire Hazard Severity Zone. In that instance, modifications to more than 90% of the existing structure shall be considered a new structure and shall require the installation of an automatic residential fire sprinkler system and meet Fire Zone requirements. (3) Section R337.1.3 of the California Residential Code is amended to restate exemption 5 as follows: 5. Additions to and remodels of buildings originally constructed prior to the applicable application date that do not affect more than 90% of the existing structure. Modifications to more than 90% of the existing structure shall be considered a new structure. 6.1.a Packet Pg. 229 Ordinance No. 03 (2022) 32 (4) Section R337.2 of the California Residential Code is revised by adding a third paragraph to the definition of "FIRE HAZARD SEVERITY ZONES" to read as follows: The City Council hereby designates Very High Fire Hazard Severity Zones as recommended by the Director of the California Department of Forestry and Fire Protection (Cal Fire) and as designated on a map titled Very High Fire Hazard Severity Zones in Local Responsibility Area (LRA) for Diamond Bar by Cal Fire - Fire and Resource Assessment Program (FRAP), dated February 2011 and retained on file at the office of the Building Official. (5) Section R331 is added to the California Residential Code to read as follows: R331 Sound Transmission Control. Criteria for sound transmission control between dwelling units and outside noise shall be as provided in the California Building Code. Refer to Section 1206 of the California Building Code for criteria where sound transmission applies. (6) Section R332 is added the California Residential Code to read as follows: R332 Structural Tests and Inspections. Structural test and inspection requirements which are omitted from the California Residential Code are intended to refer to the California Building Code. When structural tests and special inspections are required due to the methods of construction the tests and inspections shall be performed and documented as required in Chapter 17 of the California Building Code. (7) Section R333 is added to the California Residential Code to read as follows: R333 Pool Barrier Requirements. Pool barrier criteria are not explicitly located within the California Residential Code and are intended to refer to the California Building Code. Where any body of water over 18” occurs, refer to California Building Code Section 3109 for pool barrier requirements. (8) Section R403.1.4.1 of the California Residential Code is amended to read as follows: R403.1.4.1 Foundations on Expansive Soil. Unless otherwise specified by a registered geotechnical engineer, foundation systems within the City of Diamond Bar are considered to be on expansive soil and shall be constructed in a manner that will minimize damage to the structure from movement of the soil. See Building Code Section 1809.4 for requirements. (9) Section R602.10 of the California Residential Code is amended by the 6.1.a Packet Pg. 230 Ordinance No. 03 (2022) 33 addition of an exception to read as follows: R602.10 Wall bracing. EXCEPTION: Construction documents shall be designed in accordance with engineered design by a California licensed architect or engineer per the California Building Code for dwellings of wood frame construction more than one story. (10) Section R602.10.8, item 1, of the California Residential Code is amended to read as follows: R602.10.8 Braced wall panel connections. 1. Parallel rafters or roof trusses shall be attached to the top plates of braced wall panels through solid blocking and framing anchors or equal each bay. No gaps or voids from the roof sheathing through the entire connection shall occur. Sec. 15.00.3230 Penalties for violation of division. It shall be unlawful for any person, firm, partnership, or corporation to violate any provision, or to fail to comply with any of the requirements, of this Division. Any person, firm, partnership, or corporation violating any provision of this Division or failing to comply with their requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding One Thousand Dollars ($1,000.00) or by imprisonment not exceeding six (6) months or by both such fine and imprisonment. Each such person, firm, partnership, or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this Division or the Codes adopted hereby is committed, continued or permitted by such person, firm, partnership, or corporation, and shall be deemed punishable therefore as provided in this Division. Section 8. Title 15 (Building and Construction Safety), Chapter 15.00, Division 13. Green Building Code is hereby deleted in its entirety and replaced to read as follows: DIVISION 13. – GREEN BUILDING CODE Sec. 15.00.3240. California Green Building Code – Adopted. Sec. 15.00.3250. Reserved. Sec. 15.00.3260. Penalties for violation of division. Sec. 15.00.3240. California Green Building Code – Adopted. Except as amended by Section 15.00.3250, the 2022 California Green Building Code (Part 11 of Title 24 of the California Code of Regulations), without appendices, is hereby adopted and incorporated herein by reference as though 6.1.a Packet Pg. 231 Ordinance No. 03 (2022) 34 fully set forth in this Division and shall constitute the Green Building Code of the City. A copy of such Code has been deposited in the office of the City Clerk and shall be, at all times, maintained by the City Clerk for use and examination by the public. Separate waste diversion ordinances outlined in Chapter 8.16 of Title 8 and landscape ordinances contained in Chapter 22.26 of Title 22 shall remain effective and in full force notwithstanding the adoption of the California Green Building Code. Sec. 15.00.3250. Reserved. Sec. 15.00.3260. Penalties for violation of division. It shall be unlawful for any person, firm, partnership, or corporation to violate any provision, or to fail to comply with any of the requirements, of this Division. Any person, firm, partnership, or corporation violating any provision of this Division or failing to comply with their requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding One Thousand Dollars ($1,000.00) or by imprisonment not exceeding six (6) months or by both such fine and imprisonment. Each such person, firm, partnership, or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this Division or the Codes adopted hereby is committed, continued or permitted by such person, firm, partnership, or corporation, and shall be deemed punishable therefore as provided in this Division. Section 9. Title 15 (Building and Construction Safety), Chapter 15.00, Division 9. Rehabilitation Code is hereby deleted in its entirety and replaced to read as follows: DIVISION 9. – REHABILITATION CODE Sec. 15.00.1510. Los Angeles County Building Code – Adopted. Sec. 15.00.1520. Amendments to the Los Angeles County Building Code. Sec. 15.00.1530. Penalties for violation of division. Secs. 15.00.1540 – 15.00.1700. Reserved. Sec. 15.00.1510. Los Angeles County Building Code – Adopted. Except as amended by Section 15.00.1520, Chapters 98 (Unoccupied Buildings, Structures, and Special Hazards) and 99 (Building and Property Rehabilitation) of Title 26 of the Los Angeles County Building Code, based on the Uniform Building Code, is hereby adopted and incorporated herein by reference as the Rehabilitation Code of the City. Sec. 15.00.1520. Amendments to the Los Angeles County Building Code. (1) Section 9902.2 of Chapter 99 of the Los Angeles County Building Code is 6.1.a Packet Pg. 232 Ordinance No. 03 (2022) 35 amended to read as follows: BOARD, as used by this Chapter, the term "Board," "Building Rehabilitation Appeals Board," or "Board of Supervisors" shall mean the City Council of the City of Diamond Bar. All powers and duties to be exercised by the "Board," "Building Rehabilitation Appeals Board," or "Board of Supervisors" shall be vested in the City Council of the City of Diamond Bar. (2) Section 9902.8 is added to Chapter 99 of the Los Angeles County Building Code to read as follows: COUNTY, as used by this Chapter, shall mean the City of Diamond Bar. All powers and duties to be exercised by the County shall be vested in the City of Diamond Bar. (3) Section 9905.16 is added to Chapter 99 of the Los Angeles County Building Code to read as follows: Garbage containers and receptacles stored in front or side yards visible from public streets, except when placed in areas for collection not earlier than sunset of the day preceding the designated day for collection, and all containers and receptacles shall be removed from the place of collection prior to 10:00 p.m. of the day the containers and receptacles have been emptied. (4) Section 9906 of Chapter 99 of the Los Angeles County Building Code is deleted in its entirety. (5) Section 9927 of Chapter 99 of the Los Angeles County Building Code is amended to read as follows: The costs involved in the demolition or other work by the Building Official, including in addition to other costs the applicable processing costs as set forth in Resolution 91-54 (fee schedule), shall become a special assessment against the property. Sec. 15.00.1530. Penalties for violation of division. It shall be unlawful for any person, firm, partnership, or corporation to violate any provision, or to fail to comply with any of the requirements, of this division. Any person, firm, partnership, or corporation violating any provision of this division or failing to comply with the requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding $1,000.00 or by imprisonment not exceeding six months or by both such fine and imprisonment. Each such person, firm, partnership, or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this division or the code adopted hereby is committed, continued or permitted by such person, firm, partnership, or 6.1.a Packet Pg. 233 Ordinance No. 03 (2022) 36 corporation, and shall be deemed punishable therefor as provided in this division. Secs. 15.00.140 – 15.00.300. Reserved. Section 10. Title 15 (Building and Construction Safety), Chapter 15.00, Division 7. Uniform Housing Code is hereby deleted in its entirety and replaced to read as follows: DIVISION 7. – HOUSING CODE Sec. 15.00.1110. Uniform Housing Code – Adopted. Sec. 15.00.1120. Amendments to the Uniform Housing Code. Sec. 15.00.1130. Penalties for violation of division. Secs. 15.00.1140 – 15.00.1300. Reserved. Sec. 15.00.1110. Uniform Housing Code – Adopted. Except as amended by Section 15.00.1120, the 1997 Uniform Housing Code, published by the International Conference of Building Officials, is hereby adopted and incorporated herein by reference as though fully set forth in this Division and shall constitute the Housing Code of the City of Diamond Bar. A copy of such Code has been deposited in the office of the City Clerk and shall be, at all times, maintained by the City Clerk for use and examination by the public. In the event of any conflict between the provisions of the 1997 Uniform Housing Code and California Health and Safety Code section 17920.3, the Health and Safety Code provisions shall control. Sec. 15.00.1520. Amendments to the Uniform Housing Code. (1) Chapters 1, 3, and 4 of the Uniform Housing Code are hereby deleted in their entirety. All administrative, permitting, definitions, and related requirements of said Chapters 1, 3, and 4 of the Uniform Housing Code shall be governed by Division 2 of this Chapter. Sec. 15.00.1130. Penalties for violation of division. It shall be unlawful for any person, firm, partnership, or corporation to violate any provision, or to fail to comply with any of the requirements, of this division. Any person, firm, partnership, or corporation violating any provision of this division or failing to comply with their requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding $1,000.00 or by imprisonment not exceeding six months or by both such fine and imprisonment. Each such person, firm, partnership, or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this division or the Codes adopted hereby is committed, continued or permitted by such person, firm, partnership, or corporation, and shall be deemed punishable therefor as provided in this division. 6.1.a Packet Pg. 234 Ordinance No. 03 (2022) 37 Section 11. Title 15 (Expedited Electric Vehicle Charging), Chapter 15.00, Division 10. Section 15.00.1700 is hereby deleted in its entirety and replaced to read as follows: DIVISION 10. – EXPEDITED ELECTRIC VEHICLE CHARGING Section 15.00.1700 of the City of Diamond Bar Municipal Code is hereby added to read as follows: Section 15.00.1700 Expedited Electric Vehicle Charging Station Permitting Electric Vehicle Charging Stations which qualify for expedited permit processing pursuant to Government Code Section 65850.7, shall be subject to the administrative permitting procedures set forth in the City’s Electric Vehicle Charging Station Permit Expediting Ordinance. (1) EXPEDITED REVIEW PROCESS Consistent with Government Code Section 65850.7, the Building Official shall implement an expedited administrative permit review process for electric vehicle charging stations, and adopt a checklist of all requirements with which electric vehicle charging stations shall comply with in order to be eligible for expedited review. The expedited administrative permit review process and checklist may refer to the recommendations in the checklist prescribed by the most current version of the “Plug-In Electric Vehicle Infrastructure Permitting Checklist” of the “Zero-Emission Vehicles in California: Community Readiness Guidebook” published by the Governor’s Office of Planning and Research. The City’s adopted checklist shall be published on the City’s website. (2) ELECTRONIC SUBMITTALS Consistent with Government Code Section 65850.7, the Building Official shall allow for electronic submittal of permit applications covered by this Ordinance and associated supporting documentations. In accepting such permit applications, the Building Official shall also accept electronic signatures on all forms, applications, and other documentation in lieu of a wet signature by any applicant. (3) ASSOCIATION APPROVAL Consistent with Government Code Section 65850.7, the Building Official shall not condition the approval for any electric vehicle charging station permit on the approval of such a system by an association, as that term is defined by Civil Code Section 4080. (4) PERMIT APPLICATION PROCESSING A permit application that satisfies the information requirements in the City’s adopted checklist shall be deemed complete and be promptly processed. Upon confirmation by the Building Official that the permit application and supporting 6.1.a Packet Pg. 235 Ordinance No. 03 (2022) 38 documents meets the requirements of the City / County adopted checklist, and is consistent with all applicable laws, the Building Official shall, consistent with Government Code Section 65850.7, approve the application and issue all necessary permits. Such approval does not authorize an applicant to energize or utilize the electric vehicle charging station until approval is granted by the City Building Official determines that the permit application is incomplete, he or she shall issue a written correction notice to the applicant, detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance. (5) TECHNICAL REVIEW It is the intent of this Ordinance to encourage the installation of electric vehicle charging stations by removing obstacles to permitting for charging stations so long as the action does not supersede the Building Official’s authority to address higher priority life-safety situations. If the Building Official makes a finding based on substantial evidence that the electric vehicle charging station could have a specific adverse impact upon the public health or safety, as defined in Government Code 65850.7, the City may require the applicant to apply for a use permit. (6) Any provision of the City of Diamond Bar Municipal Code or appendices thereto, inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, are hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance. (7) If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any 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 passed this Ordinance, and each and every Section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional. Section 12. Any inconsistencies between the Building Code, Residential Code, Green Building Code, Electrical Code, Mechanical Code, and Plumbing Code, as adopted by this Ordinance, and the 2018 California Building Code, Residential Code, Green Building Code, Electrical Code, Mechanical Code, and Plumbing Code, as set forth in Parts 2, 2.5, 11, 3, 4, and 5, respectively, of Title 24 of the California Code of Regulations, are changes, modifications, amendments, additions or deletions thereto authorized by California Health and Safety Sections 17958.5 and 17958.7. Section 13. To the extent the provisions of this Ordinance are substantially the same as previous provisions of the Diamond Bar Municipal Code, these provisions shall be construed as continuations of those provisions and not as new enactments. 6.1.a Packet Pg. 236 Ordinance No. 03 (2022) 39 Section 14. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance or any part hereof or exhibit hereto is for any reason held to be invalid, such invalidity shall not affect the validity of the remaining portions of this Ordinance or any part thereof or exhibit thereto. The City Council of the City of Diamond Bar hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared invalid. Section 15. This ordinance shall be effective upon adoption and shall become operative on the 1st day of January, 2023. PASSED, ADOPTED AND APPROVED this 15th day of November 2022. CITY OF DIAMOND BAR: __________________________ Ruth M. Low, Mayor ATTEST: I, Kristina Santana, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Diamond Bar held on the 1st day of November 2022, and was duly adopted at a regular meeting of the City Council of the City of Diamond Bar held on the 15th day of November 2022, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: __________________________ Kristina Santana, City Clerk 6.1.a Packet Pg. 237 Agenda #: 6.2 Meeting Date: November 15, 2022 TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager TITLE: AMENDMENTS TO TITLE 5 AND TITLE 22 (DEVELOPMENT CODE) OF THE DIAMOND BAR MUNICIPAL CODE TO CLARIFY THE EXISTING PROHIBITION ON SHORT-TERM RENTALS IN RESIDENTIAL NEIGHBORHOODS. STRATEGIC GOAL: Safe, Sustainable & Healthy Community RECOMMENDATION: A. Open Public Hearing to receive public testimony; B. Determine that the proposed code amendment is not subject to CEQA pursuant to Sections 15061(b)(3) and 15305 of the CEQA Guidelines; and C. Approve for first reading by title only, waive full reading of Ordinance No. 04(2022); and schedule the second reading and adoption at the next regularly scheduled City Council meeting. FINANCIAL IMPACT: None. BACKGROUND: Short-term rentals, such as those marketed through Airbnb and similar platforms, are prohibited in Diamond Bar. However, these unlawful businesses continue to proliferate. Because it is currently difficult to preempt the establishment of short-term rentals, and nearly as difficult to prosecute violators, the City Council directed staff to identify potential solutions that would better enable the staff to eradicate short-term rentals, and thus reduce the nuisance they impose on neighborhoods. The attached ordinance addresses the City Council’s direction by proposing the following amendments to the Diamond Bar Municipal Code (DBMC): 6.2 Packet Pg. 238 1. Adding definitions for “short-term occupancy” and “short-term rentals” to clarify the existing prohibition of such uses in residential neighborhoods. 2. Prohibiting the advertising of short-term rentals, as well as their operation. The proposed ordinance amends both Title 5 (Business Licensing) and Title 22 (Development Code) of the DBMC. ANALYSIS: Residential short-term rentals—such as those listed on Airbnb, VRBO and similar sites—have become increasingly popular in recent years. These websites provide a platform for homeowners to operate an online marketplace for the rental of their residential properties for temporary lodging. Many travelers are now using short-term rentals in lieu of more traditional commercial lodging options such as hotels, motels and bed and breakfast inns. Consequently, many communities, including Diamond Bar, are experiencing the impacts of these uses in their residential neighborhoods, including, but not limited to, excessive noise, lack of parking, safety concerns, accumulation of trash and deferred property maintenance. If homes are utilized for transient occupancy, they are no longer part of our housing stock. A reduction in permanent housing units can put an upward pressure on rental prices and negatively affect housing affordability. In addition, when short-term rentals replace traditional commercial lodging, these illegal businesses put a strain on the City’s fiscal health because they do not pay transient occupancy tax, even though they place an added burden on public services. Short-term rentals have always been prohibited in all residential zones within Diamond Bar. The Municipal Code defines hotels and motels as “facilities with guest rooms or suites, provided with or without kitchen facilities, rented to the general public for transient lodging (for) less than 30 days.” By definition, then, a residence being rented out for fewer than 30 days is classified as a hotel/motel, and is thus not a permissible use in residential zones. However, a recent search of all short-term rental booking platforms revealed that 83 homes in Diamond Bar are currently being advertised as available for temporary lodging. Although the City has been enforcing the prohibition of short-term rentals to varying degrees of success, staff typically must rely on circumstantial evidence to bring forth enforcement action against these illegal businesses. Adoption Process Before the City Council may adopt an ordinance that includes amendments to the Development Code, the Planning Commission must first conduct a public hearing to consider the proposed amendments. The Commission then forwards its recommendations via resolution to the Council. Planning Commission Review On October 25, 2022, after conducting a duly noticed public hearing, the Planning Commission adopted Resolution No. 2022-19, recommending, by a 3-0 vote 6.2 Packet Pg. 239 (Commissioner Garg and Commissioner Rawlings absent), that the City Council adopt the attached ordinance amending Titles 5 and 22 (Attachment 1). The staff report and draft meeting minutes from that meeting are included as Attachments 3 and 4 respectively. No public comments were received prior to or during the Planning Commission hearing. Proposed Amendments to Title 22 (Development Code) Section 22.80.020. (Definitions of specialized terms and phrases) – The terms “short-term occupancy” and “short-term rental” are introduced for clarification purposes, and to expressly state that short-term rentals are prohibited in all zoning districts. With the addition of these narrowly-defined terms, it will no longer be necessary to rely entirely on the definition of “hotel/motel” to assert that short-term rentals are illegal in Diamond Bar. The new definitions are proposed to read as follows: • Short-Term Occupancy. The use or possession, or right to use or possess, of any portion of a dwelling unit, room or rooms offered for remuneration for dwelling, lodging or sleeping purposes for a period of less than 30 days. Short-term occupancy is prohibited in all residential zoning districts. • Short-Term Rental. The use of any dwelling unit, or any portion thereof, for short-term occupancy. Short-term rentals are prohibited in all zoning districts. Proposed Amendments to Title 5 (Business Licensing) Section 5.08.050. (Short-term rentals) – This new section expressly states that it is not only a violation of the law to operate a short-term rental in Diamond Bar, but it is also illegal to advertise short-term rentals. Prohibiting the advertising of short-term rentals will serve as a powerful enforcement tool for the City: while it may be difficult to prove that a short-term rental is actually being rented out, it will be very easy to provide evidence that it is being advertised on any of various listing platforms, and the City will be able to prosecute on that basis alone. The new code section should also serve as a powerful deterrent by placing would-be violators on notice that the mere act of advertising a short-term rental is a misdemeanor offense, punishable by a fine of up to $1,000 and/or imprisonment for each offense. Pursuant to Municipal Code Section 1.04.010, each day that a violation is committed shall count as a separate offense. ENVIRONMENTAL REVIEW: The City has determined that the proposed Municipal Code Amendment is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Title 14, California Code of Regulations, Section 15061(b)(3), in that it can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment because the Ordinance will not cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, in that it simply clarifies existing conditions, which are that short-term occupancies and short-term rentals are not a permitted use in the City's residential zoning districts. In addition, it is categorically exempt pursuant to Title 14, California Code of Regulations, 6.2 Packet Pg. 240 Section 15305 as a minor alteration in land use limitations in that it will not result in any changes in land use or density for the reasons set forth above. NOTICE OF PUBLIC HEARING: Pursuant to Government Code Section 65091(a)(4), notice for this hearing was published in the San Gabriel Valley Tribune newspaper on November 4, 2022, as a 1/8- page display ad. 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 Ordinance as to form. PREPARED BY: REVIEWED BY: Attachments: 1. 6.2.a Ordinance No. 04 (2022); Short-Term Rentals 2. 6.2.b Planning Commission Resolution No. 2022-19 3. 6.2.c Planning Commission Staff Report (attachments not included) Dated October 25, 2022 4. 6.2.d Planning Commission Meeting Draft Minutes Dated October 25, 2022 6.2 Packet Pg. 241 ORDINANCE NO. 04 (2022) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, ADDING SECTION 5.08.050 (SHORT-TERM RENTALS) OF TITLE 5 AND AMENDING SECTION 22.80.020 (DEFINITIONS OF SPECIALIZED TERMS AND PHRASES) OF TITLE 22 (DEVELOPMENT CODE) OF THE DIAMOND BAR MUNICIPAL CODE TO CLARIFY THE EXISTING PROHIBITION ON SHORT -TERM RENTALS IN RESIDENTIAL NEIGHBORHOODS. WHEREAS , the number of short-term rentals of residential dwelling units has grown in recent years in the City of Diamond Bar ("City") and in many other communities. This is largely due to hosting platform websites such as Airbnb and VRBO that can provide an easy connection between property owners and individuals looking for short- term rental housing. Many travelers are now using short-term vacation rentals in lieu of more traditional commercial lodging options such as hotels, motels and bed and breakfast inns; WHEREAS, the City has at all times considered short-term rentals as unpermitted uses within all residential zones and has used its code enforcement powers against property owners using residential properties in this manner; WHEREAS , the commercial nature of short-term rentals is incompatible with the character of residential neighborhoods for reasons which include, but are not limited to the following: (1) short-term rental properties are subject to ever-changing tenants which results in surrounding neighbors not becoming familiar with the property's inhabitants, which detrimentally affects crime prevention efforts, including, but not limited to, Neighborhood Watch; (2) short-term renters have less motivation to be good neighbors due to the transient nature of their stay; (3) because short-term renters are typically on vacation, loud parties are more frequent and more frequently occur during the middle of the week, negatively impacting the quiet use and enjoyment of nearby neighbors of their own properties; (4) short-term rentals are more likely to be occupied by several families and/or large numbers of adults which results in additional vehicle trips and parking demand; and (5) it has been the City's experience that short-term rentals place inordinately larger demands on police services primarily due to noise complaints associated with loud parties; WHEREAS, short-term rentals have been primarily located in the City's single- family neighborhoods, the characteristics of which include: (1) owner-occupied homes consisting of a single family which typically will remain in the home for a number of years; (2) long-term tenants with similar characteristics as the owner-occupied home; (3) neighbors who develop friendships which can last years or even a lifetime and who share life experiences over the span of years; and (4) neighbors who watch over each other's properties and have some familiarity with who may or may not belong on the property. Occupants of short-term rentals do not share these single-family residential characteristics; 6.2.a Packet Pg. 242 Ordinance No. 04 (2022) 2 WHEREAS, in adopting the proposed amendments, the City seeks to clarify the existing condition (i.e., that short-term rentals are not a permitted use in residential zones) to, in part, ensure that potential purchasers of residential properties in the City have no reasonable expectation in making their purchasing decision that the residential property can be put to such a use; WHEREAS, in adopting the proposed amendments, short-term rentals, home sharing, and the advertisement thereof, does not amend the General Plan but is consistent with all provisions of the General Plan to protect neighborhoods from nuisances and other adverse effects resulting from improper operation of short-term rentals and home sharing; and WHEREAS, the City has established goals and policies to address the development, maintenance and improvement of the housing stock to provide adequate housing in the city, both in quality and quantity, and to provide appropriate shelter for all without discrimination. If homes are utilized for transient occupancy, they are no longer part of our housing stock. Prohibiting home sharing is also a way to preserve affordable housing opportunities as rooms and secondary units can be used for permanent housing rather than transient stays. A reduction in permanent housing units can put an upward pressure on rental prices and negatively affect housing affordability. Prohibiting short-term rental and home sharing is consistent with the following General Plan and Housing Element goals and policies: Land Use and Economic Development • Goal LU-G-6: Preserve existing residential neighborhoods to retain the qualities Diamond Bar residents love, such as easy access to preserved natural open spaces, while supporting and encouraging well-designed, complete neighborhoods with safe streets, access to shopping and services, and community parks and gathering places. • Goal LU-G-7: Promote a variety of housing and neighborhood types that respond to a range of income, household sizes, and accessibility levels. • Goal LU-G-18: Encourage a diversity of housing types and products. Housing Element • Goal H-G-1: Preserve and conserve the existing housing stock and maintain property values and residents' quality of life. • Policy H-P-1.3: Promote increased awareness among property owners and residents of the importance of property maintenance to long-term housing quality. WHEREAS, on October 25, 2022, the Planning Commission held a duly noticed public hearing regarding proposed amendments to the Municipal Code, and adopted Resolution No. 2022-19 recommending City Council approval of said Municipal Code amendments; and 6.2.a Packet Pg. 243 Ordinance No. 04 (2022) 3 WHEREAS, on November 15, 2022, the City Council held a duly noticed public hearing regarding the proposed Municipal Code Amendment. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Subsection (s) of Section 22.80.020 (Definitions of specialized terms and phrases) of Title 22, Chapter 22.80 of the Diamond Bar Municipal Code is amended as follows to add the definitions of “short-term occupancy” and “short-term rental,” as follows (deletions in strikethrough text and additions shown in double underline): (s) Definitions, “S.” The following definitions are in alphabetical order: . . . Short-Term Occupancy. The use or possession, or right to use or possess, of any portion of a dwelling unit, room or rooms offered for remuneration for dwelling, lodging or sleeping purposes for a period of less than 30 days. Short-term occupancy is prohibited in all residential zoning districts. Short-Term Rental. The use of any dwelling unit, or any portion thereof, for short- term occupancy. Short-term rentals are prohibited in all zoning districts. . . . Section 2. A new Section 5.08.050 (Short-term rentals) of Title 5, Chapter 5.08 of the Diamond Bar Municipal Code is added as follows (deletions in strikethrough text and additions shown in double underline): Section 5.08.050. – Short-term rentals (a) Short-term occupancy and short-term rental shall have the same meanings as provided in Title 22, Development Code. (b) It is a violation of this Code for an owner or lessee of property or any agent thereof, to rent a dwelling unit or any portion thereof, for short-term occupancy or as a short-term rental as such terms are defined in Subsection (s) of Section 22.080.020. (c) It is a violation of this Code for an owner or lessee of property or any agent thereof, to place or permit to be placed, any printed or lettered announcement, whether in a magazine, newspaper, handbill, notice, display, billboard, poster, email, Internet website or application, or any other form of advertisement for a short-term occupancy or short-term rental in a zoning district in which such uses are not permitted. (d) Violation of this Section shall constitute a misdemeanor as set forth pursuant to Section 1.04.010. Section 3. The adoption of this Ordinance is not a project within the meaning of 6.2.a Packet Pg. 244 Ordinance No. 04 (2022) 4 the California Environmental Quality Act ("CEQA") pursuant to Title 14, California Code of Regulations, Section 15061(b)(3), in that it can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment because the Ordinance will not cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, in that it simply clarifies existing conditions, which are that short-term occupancies and short-term rentals are not a permitted use in the City's residential zoning districts. In addition, it is categorically exempt pursuant to Title 14, California Code of Regulations, Section 15305 as a minor alteration in land use limitations in that it will not result in any changes in land use or density for the reasons set forth above. Section 4. Severability. If any section, clause, phrase, word 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 other section, clause, phrase, word or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, words or portions thereof be declared invalid or unconstitutional. Section 5. The City Clerk shall attest and certify to the passage and adoption of this Ordinance within 15 days after adoption, cause it to be published or posted in accordance with California law, and it shall be effective 30 days after adoption pursuant to Government Code Section 36937. PASSED, APPROVED and ADOPTED this _____ day of ________, 2022. CITY OF DIAMOND BAR: __________________________ Mayor ATTEST: I, Kristina Santana, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Diamond Bar held on the 15th day of November, 2022, and was duly adopted at a regular meeting of the City Council of the City of Diamond Bar held on the ____ day of ________, 2022, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: __________________________ Kristina Santana, City Clerk 6.2.a Packet Pg. 245 6.2.b Packet Pg. 246 6.2.b Packet Pg. 247 6.2.b Packet Pg. 248 ORDINANCE NO. 2022-XX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, ADDING SECTION 5.08.050 (SHORT-TERM RENTALS) OF TITLE 5 AND AMENDING SECTION 22.80.020 (DEFINITIONS OF SPECIALIZED TERMS AND PHRASES) OF TITLE 22 (DEVELOPMENT CODE) OF THE DIAMOND BAR MUNICIPAL CODE TO CLARIFY THE EXISTING PROHIBITION ON SHORT-TERM RENTALS IN RESIDENTIAL NEIGHBORHOODS. WHEREAS, the number of short-term rentals of residential dwelling units has grown in recent years in the City of Diamond Bar ("City") and in many other communities. This is largely due to hosting platform websites such as Airbnb and VRBO that can provide an easy connection between property owners and individuals looking for short- term rental housing. Many travelers are now using short-term vacation rentals in lieu of more traditional commercial lodging options such as hotels, motels and bed and breakfast inns; WHEREAS, the City has at all times considered short-term rentals as unpermitted uses within all residential zones and has used its code enforcement powers against property owners using residential properties in this manner; WHEREAS, the commercial nature of short-term rentals is incompatible with the character of residential neighborhoods for reasons which include, but are not limited to the following: (1) short-term rental properties are subject to ever-changing tenants which results in surrounding neighbors not becoming familiar with the property's inhabitants, which detrimentally affects crime prevention efforts, including, but not limited to, Neighborhood Watch; (2) short-term renters have less motivation to be good neighbors due to the transient nature of their stay; (3) because short-term renters are typically on vacation, loud parties are more frequent and more frequently occur during the middle of the week, negatively impacting the quiet use and enjoyment of nearby neighbors of their own properties; (4) short-term rentals are more likely to be occupied by several families and/or large numbers of adults which results in additional vehicle trips and parking demand; and (5) it has been the City's experience that short-term rentals place inordinately larger demands on police services primarily due to noise complaints associated with loud parties; WHEREAS, short-term rentals have been primarily located in the City's single- family neighborhoods, the characteristics of which include: (1) owner-occupied homes consisting of a single family which typically will remain in the home for a number of years; (2) long-term tenants with similar characteristics as the owner-occupied home; (3) neighbors who develop friendships which can last years or even a lifetime and who share life experiences over the span of years; and (4) neighbors who watch over each other's properties and have some familiarity with who may or may not belong on the property. Occupants of short-term rentals do not share these single-family residential characteristics; Exhibit A 6.2.b Packet Pg. 249 Ordinance No. XX (2022) 2 WHEREAS, in adopting the proposed amendments, the City seeks to clarify the existing condition (i.e., that short-term rentals are not a permitted use in residential zones) to, in part, ensure that potential purchasers of residential properties in the City have no reasonable expectation in making their purchasing decision that the residential property can be put to such a use; WHEREAS, in adopting the proposed amendments, short-term rentals, home sharing, and the advertisement thereof, does not amend the General Plan but is consistent with all provisions of the General Plan to protect neighborhoods from nuisances and other adverse effects resulting from improper operation of short-term rentals and home sharing; and WHEREAS, the City has established goals and policies to address the development, maintenance and improvement of the housing stock to provide adequate housing in the city, both in quality and quantity, and to provide appropriate shelter for all without discrimination. If homes are utilized for transient occupancy, they are no longer part of our housing stock. Prohibiting home sharing is also a way to preserve affordable housing opportunities as rooms and secondary units can be used for permanent housing rather than transient stays. A reduction in permanent housing units can put an upward pressure on rental prices and negatively affect housing affordability. Prohibiting short-term rental and home sharing is consistent with the following General Plan and Housing Element goals and policies: Land Use and Economic Development Goal LU-G-6: Preserve existing residential neighborhoods to retain the qualities Diamond Bar residents love, such as easy access to preserved natural open spaces, while supporting and encouraging well-designed, complete neighborhoods with safe streets, access to shopping and services, and community parks and gathering places. Goal LU-G-7: Promote a variety of housing and neighborhood types that respond to a range of income, household sizes, and accessibility levels. Goal LU-G-18: Encourage a diversity of housing types and products. Housing Element Goal H-G-1: Preserve and conserve the existing housing stock and maintain property values and residents' quality of life. Policy H-P-1.3: Promote increased awareness among property owners and residents of the importance of property maintenance to long-term housing quality. WHEREAS, on October 25, 2022, the Planning Commission held a duly noticed public hearing regarding proposed amendments to the Municipal Code, and adopted Resolution No. 2022-XX recommending City Council approval of said Municipal Code 6.2.b Packet Pg. 250 Ordinance No. XX (2022) 3 amendments; and WHEREAS, on November 15, 2022, the City Council held a duly noticed public hearing regarding the proposed Municipal Code Amendment. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR DOES HEREBY ORDAIN AS FOLLOWS: Section 1.Subsection (s) of Section 22.80.020 (Definitions of specialized terms and phrases) of Title 22, Chapter 22.80 of the Diamond Bar Municipal Code is amended as follows to add the definitions of “short-term occupancy” and “short-term rental,” as follows (deletions in strikethrough text and additions shown in double underline): (s) Definitions, “S.” The following definitions are in alphabetical order: . . . Short-Term Occupancy. The use or possession, or right to use or possess, of any portion of a dwelling unit, room or rooms offered for remuneration for dwelling, lodging or sleeping purposes for a period of less than 30 days. Short-term occupancy is prohibited in all residential zoning districts. Short-Term Rental. The use of any dwelling unit, or any portion thereof, for short- term occupancy. Short-term rentals are prohibited in all zoning districts. . . . Section 2.A new Section 5.08.050 (Short-term rentals) of Title 5, Chapter 5.08 of the Diamond Bar Municipal Code is added as follows (deletions in strikethrough text and additions shown in double underline): Section 5.08.050. – Short-term rentals (a) Short-term occupancy and short-term rental shall have the same meanings as provided in Title 22, Development Code. (b) It is a violation of this Code for an owner or lessee of property or any agent thereof, to rent a dwelling unit or any portion thereof, for short-term occupancy or as a short-term rental as such terms are defined in Subsection (s) of Section 22.080.020. (c) It is a violation of this Code for an owner or lessee of property or any agent thereof, to place or permit to be placed, any printed or lettered announcement, whether in a magazine, newspaper, handbill, notice, display, billboard, poster, email, Internet website or application, or any other form of advertisement for a short-term occupancy or short-term rental in a zoning district in which such uses are not permitted. (d) Violation of this Section shall constitute a misdemeanor as set forth pursuant to Section 1.04.010. 6.2.b Packet Pg. 251 Ordinance No. XX (2022) 4 Section 3.The adoption of this Ordinance is not a project within the meaning of the California Environmental Quality Act ("CEQA") pursuant to Title 14, California Code of Regulations, Section 15061(b)(3), in that it can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment because the Ordinance will not cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, in that it simply clarifies existing conditions, which are that short-term occupancies and short-term rentals are not a permitted use in the City's residential zoning districts. In addition, it is categorically exempt pursuant to Title 14, California Code of Regulations, Section 15305 as a minor alteration in land use limitations in that it will not result in any changes in land use or density for the reasons set forth above. Section 4.Severability. If any section, clause, phrase, word 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 other section, clause, phrase, word or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, words or portions thereof be declared invalid or unconstitutional. Section 5. The City Clerk shall attest and certify to the passage and adoption of this Ordinance within 15 days after adoption, cause it to be published or posted in accordance with California law, and it shall be effective 30 days after adoption pursuant to Government Code Section 36937. PASSED, APPROVED and ADOPTED this 6th day of December, 2022. THE CITY OF DIAMOND BAR: __________________________ Ruth Low, Mayor ATTEST: I, Kristina Santana, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Diamond Bar held on the 15th day of November, 2022, and was duly adopted at a regular meeting of the City Council of the City of Diamond Bar held on the 6th day of December, 2022, by the following vote: 6.2.b Packet Pg. 252 Ordinance No. XX (2022) 5 AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: __________________________ Kristina Santana, City Clerk 6.2.b Packet Pg. 253 PLANNING COMMISSION AGENDA REPORT AGENDA ITEM NUMBER: 7.1 MEETING DATE: October 25, 2022 CASE/FILE NUMBER: Municipal Code Amendment No. PL2022-83 PROJECT LOCATION: Citywide APPLICATION REQUEST: APPLICANT: STAFF RECOMMENDATION: Amendment to the Diamond Bar Municipal Code by adding a new Section 5.08.050 (Short- Term Rentals) to Title 5, and amending Section 22.80.020 (Definitions of Specialized Terms and Phrases) of Title 22 to clarify the existing prohibition on short-term rentals in residential neighborhoods. Community Development Department Adopt the attached Resolution recommending the City Council approve Municipal Code Amendment No. PL2022-83. SUMMARY: Short-term rentals, such as those marketed through Airbnb and similar platforms, are prohibited in Diamond Bar. However, these unlawful businesses continue to proliferate . Because it is currently difficult to prevent the establishment of short-term rentals, and nearly as difficult to prosecute violators, the City Council directed staff to identify potential solutions that would better enable the staff to eradicate short-term rentals, and thus reduce the nuisance they impose on neighborhoods. The attached ordinance addresses the City Council’s direction by proposing the following amendments to the Diamond Bar Municipal Code (DBMC): 1. Adding definitions for “short-term occupancy” and “short-term rentals” to clarify the existing prohibition of such uses in residential neighborhoods. CITY OF DIAMOND BAR ~ 21810 COPLEY DRIVE ~ DIAMOND BAR, CA 91765 ~ TEL. (909) 839-7030 ~ FAX (909) 861-3117 7.1 Packet Pg. 21 6.2.c Packet Pg. 254 Municipal Code Amendment No. PL2022-83 Page 2 of 4 2. Prohibiting the advertising of short-term rentals, as well as their operation. The proposed ordinance amends both Title 5 (Business Licensing) and Title 22 (Development Code) of the DBMC. Although amendments to Title 5 are not subject to Planning Commission review, amendments to Title 22 are, so the entire ordinance is being presented for the Commission’s consideration and recommendation to the City Council. BACKGROUND: Residential short-term rentals—such as those listed on Airbnb, VRBO and similar sites—have become increasingly popular in recent years. These websites provide a platform for homeowners to operate an online marketplace for lodging, primarily homestays for vacation rentals, and tourism activities. Many travelers are now using short-term rentals in lieu of more traditional commercial lodging options such as hotels, motels and bed and breakfast inns. Consequently, many communities, including Diamond Bar, are experiencing the impacts of these uses in their residential neighborhoods, including, but not limited to, excessive noise, lack of parking, safety concerns, accumulation of trash and deferred property maintenance. If homes are utilized for transient occupancy, they are no longer part of our housing stock. A reduction in permanent housing units can put an upward pressure on rental prices a nd negatively affect housing affordability. In addition, when short-term rentals replace traditional commercial lodging, these illegal businesses put a strain on the City’s fiscal health because they do not pay transient occupancy tax, even though they place an added burden on public services. Short-term rentals have always been prohibited in all residential zones within Diamond Bar. The Municipal Code defines hotels and motels as “facilities with guest rooms or suites, provided with or without kitchen facilities, rented to the general public for transient lodging (less than 30 days).” By definition, a residence being rented to a tenant for fewer than 30 days, therefore, classified as a hotel/motel, and is not a permissible use in residential zones pursua nt to the City’s land use table. Although the City has been enforcing the prohibition of short-term rentals to varying degrees of success, staff typically must rely on circumstantial evidence to bring forth allegations that these illegal businesses are in operation. ANALYSIS: Adoption Process Before the City Council adopts an ordinance to amend the Municipal 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. 7.1 Packet Pg. 22 6.2.c Packet Pg. 255 Municipal Code Amendment No. PL2022-83 Page 3 of 4 As noted earlier, the proposed ordinance amends both Title 5 (Business Licensing) and Title 22 (Development Code) of the DBMC. Although amendments to Title 5 are not subject to Planning Commission review, amendments to Title 22 are, so, as a practical matter, the entire ordinance is being presented for the Commission’s consideration and recommendation to the City Council. Proposed Amendments to Title 22 (Development Code) Section 22.80.020. (Definitions of specialized terms and phrases) – The terms “short-term occupancy” and “short-term rental” are introduced for clarification purposes, and to expressly state that short-term rentals are prohibited in all zoning districts. With the addition of these narrowly-defined terms, it will no longer be longer necessary to rely entirely on the definition of “hotel/motel” to assert that short-term rentals are illegal in Diamond Bar. The new definitions are proposed to read as follows: • Short-Term Occupancy. The use or possession, or right to use or possess, of any portion of a dwelling unit, room or rooms offered for remuneration for dwelling, lodging or sleeping purposes for a period of less than 30 days. Short - term occupancy is prohibited in all residential zoning districts. • Short-Term Rental. The use of any dwelling unit, or any portion thereof, for short-term occupancy. Short-term rentals are prohibited in all zoning districts. Proposed Amendments to Title 5 (Business Licensing) Section 5.08.050. (Short-term rentals) – This new section expressly states that it is not only a violation of the law to operate a short-term rental in Diamond Bar, but it is also illegal to advertise short-term rentals. Prohibiting the advertising of short-term rentals will serve as a powerful enforcement tool for the City : while it may be difficult to prove that a short-term rental is being rented out, it will be very easy to provide evidence that it is being advertised on any of various listing platforms, and the City will be able to prosecute on that basis alone. The new code section should also serve as a powerful deterrent by placing would-be violators on notice that the mere act of advertising a short-term rental is a misdemeanor offense. ENVIRONMENTAL REVIEW: The City has determined that the proposed Municipal Code Amendment is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Title 14, California Code of Regulations, Section 15061(b)(3), in that it can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment because the Ordinance will not cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, in that it simply clarifies existing conditions, which are that short -term occupancies and short-term rentals are not a permitted use in the City's residential zoning districts. In addition, it is categorically exempt pursuant to Title 14, California Code of Regulations, 7.1 Packet Pg. 23 6.2.c Packet Pg. 256 Municipal Code Amendment No. PL2022-83 Page 4 of 4 Section 15305 as a minor alteration in land use limitations in that it will not result in any changes in land use or density for the reasons set forth above. NOTICE OF PUBLIC HEARING: Notice for this hearing was published in the San Gabriel Valley Tribune newspaper on October 14, 2022, 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. RECOMMENDATION: Staff recommends that the Planning Commission adopt a Resolution recommending City Council approval of Municipal Code Amendment No. PL2022-83. PREPARED BY: REVIEWED BY: Attachments: A. Draft Planning Commission Resolution No. 2022-XX (Recommending Approval of Municipal Code Amendment) 7.1 Packet Pg. 24 6.2.c Packet Pg. 257 MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION OCTOBER 25, 2022 Consistent with State Assembly Bill 361, members of the Planning Commission participated in person and telephonically and Members of the public were encouraged to participate and address the Planning Commission during the public comment portion of the meeting via teleconference. For those attending the meeting in person, face coverings were recommended. CALL TO ORDER: Chair/Wolfe called the meeting to order at 6:30 p.m. PLEDGE OF ALLEGIANCE:Vice Chairman Mok led the Pledge of Allegiance. ROLL CALL:Commissioners present: Naila Barlas, Vice-Chair Kenneth Mok and Chair Raymond Wolfe Absent: Commissioners Mahendra Garg and William Rawlings were excused. Staff Present : Greg Gubman, Community Development Director; James Eggart, Assistant City Attorney; Grace Lee, Senior Planner; Mayuko Nakajima, Associate Planner; and Stella Marquez, Administrative Coordinator. 2. APPROVAL OF AGENDA:Chair/Wolfe 3. PUBLIC COMMENTS:Willie Wang, Mt. SAC Journalism staff member, was present to gather information to write a paper about what is happening in the City of Diamond Bar. 4. CONSENT CALENDAR: 4.1 Continued Use of Teleconferencing in accordance with Assembly Bill 361 for meetings of the Planning Commission subject to State Open Meeting Laws. 4.2 Minutes of the Planning Commission Regular Meeting of September 13, 2022. 4.3 Minutes of the Planning Commission Regular Meeting of October 11, 2022. C/Barlas moved, VC/Mok seconded, to approve the Consent Calendar as presented with VC/Mok abstaining on Item 4.3. Motion carried by the following Roll Call vote AYES: COMMISSIONERS: Barlas, VC/Mok, Chair/Wolfe NOES: COMMISSIONERS: None DRAFT 6.2.d Packet Pg. 258 ________________________________________________________________________ OCTOBER 25, 2022 2 PLANNING COMMISSION ________________________________________________________________________ ABSENT: COMMISSIONERS: Garg, Rawlings 5. OLD BUSINESS:None 6. NEW BUSINESS:None 7. PUBLIC HEARING(S): 7.1 Municipal Code Amendment No. PL 2022-83: Amendment to the Diamond Bar Municipal Code by adding a new Section 5.08.050 (Short Term Rentals) to Title 5, and amending Section 22.80.020 (Definitions of Specialized Terms and Phrases) of Title 22 to clarify the existing prohibition on short-term rentals in residential neighborhoods. PROJECT ADDRESS: Citywide APPLICANT: Community Development Department AP/Nakajima presented staff’s report and recommended Planning Commission adoption of a Resolution recommending City Council approval of Municipal Code Amendment No PL2022-83, based on the findings of Fact, and subject to the Conditions of Approval as listed within the Resolution. Chair/Wolfe opened the public hearing. With no one present who wished to speak on this item, Chair/Wolfe closed the public hearing. VC/Mok moved, C/Barlas seconded, to adopt a Resolution recommending City Council approval of Municipal Code Amendment No PL2022-83, based on the Findings of Fact, and subject to the Conditions of Approval as listed within the Resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Barlas, VC/Mok, Chair/Wolfe NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Garg, Rawlings 8. PLANNING COMMISSION COMMENTS/INFORMATION ITEMS: C/Barlas asked if City permits were required for ADU rentals and CDD/Gubman responded that once the permit has been issued for construction of an ADU and the unit has passed final inspection, homeowners are free to rent out the unit. 9. STAFF COMMENTS/INFORMATIONAL ITEMS: 6.2.d Packet Pg. 259 ________________________________________________________________________ OCTOBER 25, 2022 2 PLANNING COMMISSION ________________________________________________________________________ CDD/Gubman announced that because there were no agenda items scheduled for November 8th, the meeting would be canceled. While there are agenda items scheduled for the November 22nd meeting, it falls during the holiday week, so he asked the Commissioners if they will be attending that meeting. Chair/Wolfe responded that he would be out of town that week. 10. SCHEDULE OF FUTURE EVENTS: As listed in the agenda. ADJOURNMENT: With no further business before the Planning Commission, Chair/Wolfe adjourned the Regular Planning Commission meeting at 6:43 p.m. The foregoing minutes are hereby approved this ____________________________, 2022. Attest: Respectfully Submitted, _______________________________________ Greg Gubman, Community Development Director _____________________________ Raymond Wolfe, Chairperson 6.2.d Packet Pg. 260 VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK / FROM: , DATE: ADDRESS: PHONE: (Optional) (Optional) ORGANIZATION: ��aW►bin� I,CIoYAyo�- AG EN DA#/SUBJECT: I expect to address the Council on the subject agenda/subject item. Please have the Council Minutes reflect my name and address as written above. Signature This document is a public record subject to disclosure under the Public Records Act.