HomeMy WebLinkAbout06/04/2013City Council Agenda
Tuesday, June 4, 2013
6:30 p.m. — Regular Meeting
The Government Center
South Coast Air Quality Management District/
Main Auditorium
21865 Copley Drive, Diamond Bar, CA 91765
Jack Tanaka Ron Everett
Mayor Mayor Pro Tem
Ling -Ling Chang Carol Herrera Steve Tye
Council Member Council Member Council Member
City Manager James DeStefano City Attorney David DeBerry City Clerk 1 ommye Cribbins
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CITY OF DIAMOND BAR
CITY COUNCIL AGENDA
June 4, 2013
CALL TO ORDER:
PLEDGE OF ALLEGIANCE
INVOCATION:
I:Z�l�syel�4i
APPROVAL OF AGENDA:
Next Resolution No. 2013-11
Next Ordinance No. 03 (2013)
6:30 p.m.
Mayor
Cantor Paul Buch
Temple Beth Israel
Council Members Chang, Herrera, Tye,
Mayor Pro Tem Everett, Mayor Tanaka
Mayor
1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
1.1 Presentation of Certificates of Recognition to the NJB Basketball Team
and Coaches for winning the 7th Grade NJB All-Star Invitational Divisional
Tournament in San Diego.
2. CITY MANAGER REPORTS AND RECOMMENDATIONS:
2.1 Introduction of new employee - Sterling Mosley, Assistant Engineer.
2.2 Video Presentation Re: 57/60 Confluence Project
3. PUBLIC COMMENTS: "Public Comments" is the time reserved on each
regular meeting agenda to provide an opportunity for members of the public to
directly address the Council on Consent Calendar items or matters of interest to
the public that are not already scheduled for consideration on this agenda.
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.
JUNE 4, 2013 PAGE 2
Although the City Council values your comments, pursuant to the Brown Act, the
Council generally cannot take any action on items not listed on the posted
agenda. Please complete a Speaker's Card and give it to the City Clerk
(completion of this form is voluntary). There is a five-minute maximum time limit
when addressing the City Council.
4. RESPONSE TO PUBLIC COMMENT: Under the Brown Act, members of the
City Council may briefly respond to public comments but no extended discussion
and no action on such matters may take place.
5. SCHEDULE OF FUTURE EVENTS:
5.1 Planning Commission Meeting — June 11, 2013 - 7:00 p.m., Windmill
Room, 21810 Copley Drive.
5.2 Traffic and Transportation Commission Meeting — June 13, 2013 — 7:00
p.m., Windmill Room, 21810 Copley Drive.
5.3 City Council Meeting — June 18, 2013 — 6:30 p.m., AQMD/Government
Center Auditorium, 21810 Copley Drive.
6. CONSENT CALENDAR:
6.1 City Council Minutes:
(a) Study Session of May 21, 2013 —Approve as submitted.
(b) Regular Meeting of May 21, 2013 — Approve as submitted.
Requested by: City Clerk
6.2 Planning Commission Minutes — Regular Meeting of April 23, 2013 —
Receive and File.
Requested by: Planning Department
6.3 Ratification of Check Register - Dated May 16, 2013 through May 29,
2013 totaling $1,229,734.31.
Recommended Action: Approve.
Requested by: Finance Department
6.4 Treasurer's Statement—April 2013.
Recommended Action: Receive and File
Requested by: Finance Department
JUNE 4, 2013 PAGE 3
6.5 (a) Adopt Resolution No. 2013 -XX: Calling and Giving Notice of
General Municipal Election to be Held on Tuesday, November 5,
2013, for the Election of Certain Officers as Required by the
Provisions of the Laws of the State of California Relating to General
Law Cities.
Recommended Action: Adopt
(b) Adopt Resolution No. 2013 -XX: Requesting the Board of
Supervisors of the County of Los Angeles to Consolidate a General
Municipal Election to be Held on November 5, 2013 with the School
Elections to be held on the Date Pursuant to Section 10403 of the
Elections Code.
Recommended Action: Adopt
(c) Adopt Resolution No. 2013 -XX: Adopting Regulations for
Candidates for Elective Office Pertaining to Candidates Statements
Submitted to the Voters at an Election to be held on Tuesday,
November 5, 2013.
Recommended Action: Adopt
Requested by: City Clerk
6.6 Approval of Adjourning the June 18, 2013 City Council Meeting to
July 16, 2013.
Recommended Action: Approve.
Requested by: City Manager
6.7 Approval of Contract Extensions for Community Services
Department:
(a) Approval of Amendment No.3 to the Vendor Services Contract
with D.H. Maintenance Services to Provide Janitorial and Building
Maintenance Services at the Library and City Hall for the Term of
July 1, 2013 to June 30, 2014 in an Amount Not to Exceed $78,000.
Recommended Action: Approve.
(b) Approval of Amendment No.3 to the Contract with West Coast
Arborists for City -Wide Tree Maintenance and Watering Services for
the 2013/14 Fiscal Year in an Amount Not to Exceed $201,300.
Recommended Action: Approve.
JUNE 4, 2013 PAGE 4
(c) Approval of Amendment No. 2 to Extend the Agreement with
Excel Landscape for Landscape Maintenance Services at Lighting
and Landscape Maintenance District #38, #39 and #41 and
Washington Park for the 2013/14 and 2014/15 Fiscal Years in the
Annual Amount of $333,575; Plus a Contingency Amount Each Year
Not to Exceed $27,000 for As Needed Work, for a Total Annual
Authorization of $360,575.
Recommended Action: Approve.
Requested by: Community Services Department
6.8 Appropriate General Fund Reserves in the Amount of $44,154, Prop
C Funds in the Amount of $49,460, and Measure R Funds in the
Amount of $49,418 to the Capital Improvement Program Budget for
Fiscal Year 2012-2013; Adopt Resolution 2013 -XX Approving Plans
and Specifications and Establishing a Project Payment Account;
Award the Construction Contract for the Residential Area 1 B
(Bounded by SR57/60 to the North, Grand Avenue/Diamond Bar
Boulevard to the South and the Quail Summit Neighborhood) and
Arterial Zone 7 (Golden Springs Drive Between Lavender Drive and
Brea Canyon Road and Diamond Bar Boulevard Between Brea
Canyon Cut -Off and Brea Canyon Road) Road Maintenance Project
to Hardy & Harper, Inc. in the Amount of $1,345,000; and Authorize a
Contingency Amount of $67,250 (5% of the Total Contract) for
Contract Change Orders to be Approved by the City Manager, for a
Total Authorization Amount of $1,412,250.
Recommended Action: Appropriate, Adopt, Award and Authorize.
Requested by: Public Works Department
6.9 Authorize the City Manager to Purchase Hewlett Packard Servers,
and Additional Hardware Replacements from Hewlett Packard, Cisco
and Vendors on the Currently Approved Vendors List, Throughout
the FY 2013-14 for an Amount Not to Exceed $275,500.
Recommended Action: Authorize.
Requested by: Information Systems Department
JUNE 4, 2013 PAGE 5
6.10 Authorize City Manager to Execute Contract with Go -Live
Technology Inc. for Professional Services, in an Amount Not to
Exceed $65,000 for the Period of July 1, 2013 through June 30, 2014.
Recommended Action: Authorize
Requested by: Information Systems Department
6.11 Authorize the City Manager to Purchase Tightrope Media Control
Systems' Cablecast TY Automation System and Carousel. Digital
Message Player from Media Control Systems for the Operation of the
City's Government Access Channel (DBTV) in the Amount of
$51,000; Plus a Contingency Amount of $5,100 for a Total
Authorization of $56,100.
Recommended Action: Authorize.
Requested by: Public Information Division
7. PUBLIC HEARINGS: 6:45 p.m., or as soon thereafter as matters may be heard.
7.1 (a) Adopt Resolution No. 2013 -XX: Adopting the Negative
Declaration and Approving Amendment to the Land Use Element of
the City's. General Plan to Accommodate the Need for Emergency
Shelter and Single -Room Occupancy Housing the I (Light Industrial)
Land Use Category of the General Plan (Planning Case No. 2012-
513).
(b) First Reading of Ordinance No. OX (2013): Amending Title 22
of the Diamond Bar Municipal Code Section Regarding Emergency
Shelters, Transitional and Supportive Housing, Single Room
Occupancy Housing, and Density Bonuses.
Recommended Action: Receive Staff's Report; Open the Public Hearing,
Receive Testimony; Close the Public Hearing and Adopt Resolution and
Approve for First Reading by Title Only, Waive Full Reading of Ordinance.
Requested by: Community Development Department
8. COUNCIL CONSIDERATION:
8.1 Adopt Urgency Ordinance No. OX (2013): Identifying the Temporary
Re -Location of Regular Meetings of the City Council of the City of
Diamond Bar.
Recommended Action: Adopt.
JUNE 4, 2013 PAGE 6
Requested by: City Clerk
9. COUNCIL SUB -COMMITTEE REPORTS AND MEETING ATTENDANCE
REPORTS/COUNCIL MEMBER COMMENTS:
10. ADJOURNMENT:
CITY OF DIAMOND BAR
CITY COUNCIL STUDY SESSION
MAY 21, 2013
Agenda No. 6.1(a)
DRAFT
STUDY SESSION: M/Tanaka called the Study Session to order at 5:30
p.m. in Room CC -8 of the South Coast Air Quality Management District, 21865 Copley
Drive, Diamond Bar, California.
Present: Council Members Ling -Ling Chang, Carol Herrera,
Steve Tye, Mayor Pro Tem Ron Everett, and Mayor Jack Tanaka.
Staff Present: James DeStefano, City Manager; David Doyle,
Assistant City Manager; David DeBerry, City Attorney; David Liu, Public Works Director;
Bob Rose, Community Services Director; Greg Gubman, Community Development
Director; Dianna Honeywell, Finance Director; Ryan McLean, Assistant to the City
Manager; Ken Desforges, IT Director; Anthony Santos, Senior Management Analyst,
and Tommye Cribbins, City Clerk.
► DISCUSSION OF THE FY 2013-14 BUDGET — Discussion and Action
CM/DeStefano reported that prior to the last City Council meeting a study
session was conducted to discuss the City's General Fund. Tonight's emphasis
will be on Special Funds and the CIP. However, if the Council has questions on
items previously discussed staff is available to respond.
CM/DeStefano went on to report that staff has made a couple of changes since
the last study session. For example, about $75,000 was moved to the Parks
Maintenance Fund to help create a foundation for future maintenance use. This
money was moved just prior to the last study session but was not captured in the
final version of the study session documents. Funds that are used for Capital
Equipment, Traffic Mitigation, and Parks Maintenance have been depleted and
that he wants to begin backfilling those funds with resources. Secondly,
Community Services staff would like to include a new fast -pitch softball league
for adult women. This is a revenue -neutral project which will cost about $5,400
and pay for itself.
CM/DeStefano then introduced FD/Honeywell who went on to report on the
Special Revenue Funds, Equipment Replacement Funds and CIP Funds.
The City has several Special Revenue Funds which account for the report of
proceeds for specific revenue sources that are restricted to pay expenditures for
specified purposes. Examples of Specific Revenue Funds specific to DB include
funds like the Measure R funds, Prop A and Prop C Funds and Lighting and
Landscape District funds. Each of these funds has a specific revenue source
and strict guidelines as to how these resources will be spent. The City uses
these funds for such things as slurry seal projects, transit related programs and
solid waste reduction programs. For FY 2013-14 staff is proposing to add two
additional Special Revenue Funds (1) the Law Enforcement Reserve Fund
$245,000 savings due to the vacancy of the Community Relations position the
Law Enforcement Reserve Fund and (2) Waste Hauler Fund which will collect the
MAY 21, 2013 PAGE 2 CC STUDY SESSION
revenue collected from the waste hauler which is collected in order to mitigate
damage to city streets.
FD/Honeywell stated that with respect to the Debt Service Fund, in order to take
advantage of historically low interest rates last year the 2002 variable rate bond
was refinanced in Fiscal Year 2012 and the Debt Service Fund was established
to account for the principal and interest payment as well as, any related banking
fees associated with the bond issue. These costs are reimbursed by a transfer
from the General Fund and in 2013-14 it is estimated to be about $843,000.
The Equipment and Computer Replacement Fund each year sets aside an
amount to replace various pieces of equipment. For the proposed 2013-14 FY
Budget includes funds for unforeseen fleet costs, network upgrades and new
servers. During 2013-14 it is proposed that a total of $230,000 be transferred
from the General Fund to the Computer Replacement Fund due to the depletion
of the fund over the past couple of years.
FD/Honeywell continued with the FY 2013-14 CIP list which includes projects
that total $6.3 million of which $3.6 million is project carryovers from FY 2012-13.
Included as new projects for FY 2013-14 are three street improvement projects, a
median modification project, two park improvement projects, ADA access to the
Dog Park and the design of the Heritage Park Community Center. For the first
time in the City's history, a multi-year capital improvement project plan was
developed and presented to the Council last year. Staff continues to strategize
the use of City resources to ensure the continuing public infrastructure mitigation
so that it remains in good condition for years to come. Staff updated the five-
year strategy to include FY 2013-14 through FY 2017-18 and while the multi-year
CIP document is a useful planning tool, it is subject to change based on the
City's direction, economic conditions and other unforeseen things that may occur.
Each year during budget discussions, the multi-year plan will be updated for the
Council's consideration.
FD/Honeywell then introduced PWD/Liu and CSD/Rose who spoke on the CIP
Projects for the upcoming years.
PWD/Liu spoke about the multi-year CIP list and how consideration of all projects
in one single document will provide a more comprehensive view of the
community's capital needs. Furthermore, the multi-year CIP provides a means
by which the City Council can determine its capital priorities and continuity in
carrying them out. The five-year plan lists 62 projects representing an
investment of well over $32 million over the five years with only $1.7 million or
4.57% expected to be paid out of the General Fund. The CIP's are divided into
the following categories: Street Maintenance, Traffic Management/Safety,
Transportation Infrastructure Projects, Miscellaneous PW Improvements and
Parks and Recreation Improvements.
MAY 21, 2013 PAGE 3 CC STUDY SESSION
C/Tye asked why more than a third of the Street Maintenance is in FY 2013-14
PWD/Liu responded by stating that most of it was carried over.
MPT/Everett said that it appears that the Transportation Infrastructure Projects is
really Lemon Avenue and that this is picking up the investments right away. He
is impressed with the report and that it was his number one highlight to see
Lemon Avenue in a perspective that makes some sense and now it is near term.
PWD/Liu agreed that the project takes off in FY 14-15 and should be completed
within the first two years.
CSD/Rose highlighted a few of the upcoming projects such as the Arterial Slurry
Seal Area 2 and sidewalk work for $1,560,000; the Morning Canyon
Reconstruction Project which is a project that is required due to tree roots
growing into Morning Canyon. In the past, staff has been able to grind and
remove the roots to repair the street. Currently, the street is very rough and the
last time the roots were ground it loosened the soil causing the roots to grow
even faster creating even larger bumps. This project will remove the trees and
repair the roadway in a much more comprehensive manner to mitigate the
problem. Earlier the City Council heard that the City has Federal funds to
recreate the streetscape along Grand Avenue from Montefino easterly to the City
limits. Parks and Recreation will be completing the design and construction of
the Grandview Trail and the trail link for which California Conservation Grant
Funds as well as Wind and Water Conservation Funds will pay about one-half of
the cost. These trails will create a loop that ultimately goes from the east
Diamond Bar Center parking lot around the open space area to the west
Diamond Bar Center parking lot. There are severe elevation challenges involved
in creating this part of the trail but staff has a conceptual plan and the specs and
plans are in process now with construction contemplated for this fiscal year. The
ADA access to the Dog Park is funded using CDBG monies which will provide
access from the existing ADA accessible walkway through the gates with ramps
to the large dog park and stairs to the secondary gate of the large dog park. The
Heritage Park Community Center improvement project is in the design phase.
The center is now 20 years old and it is time to redesign and modernize the
interior of the facility.
CSD/Rose then went on to explain the proposals for future fiscal year CIP
projects.
CM/DeStefano asked PWD/Liu to explain how the million dollar Edison
underground Rule 28 money will be utilized.
PWD/Liu said that staff is focusing on a stretch Diamond Bar Boulevard, portions
along Pathfinder and on Golden Springs Drive to coordinate the undergrounding.
There are right-of-way and private property issues to be considered in this
MAY 21, 2013 PAGE 4 CC STUDY SESSION
project. The million dollars is in the bank and if staff believes the City needs to
do a bigger project it has five years or more to do it.
MPT/Everett asked if it was not in Edison's bank and was on DB books.
PWD/Liu responded that the money is on DB's books but is managed and
controlled by Edison.
CM/DeStefano said that DB has the money; Edison has access to that money.
MPT/Everett asked about the cables hanging in the areas.
PWD/Liu said those would go underground as well.
MPT/Everett said that he was impressed about how the undergrounding of the
cables had been coordinated and that residents need to know that. .
CM/DeStefano asked if the City Council had any questions about anything within
tonight's budget proposal and reported that during the Regular Session, staff will
be recommending that the Council adopt these items as well as, the Gann limit,
investment policy, etc.
M/Tanaka asked if the Grand Avenue improvements were proposed for FY 12-
13.
PWD/Liu responded that the Grand Avenue Improvements are proposed in the
FY 13-14 budget. If approved, construction would begin in the summer of 2014
as part of the Grand Avenue Beautification project.
M/Tanaka asked if the median improvements along Pathfinder from DBHS to
Diamond Bar Boulevard, was also part of the next fiscal year.
PWD/Liu said there were no plans for that project.
CM/DeStefano stated that if Council would like for staff to look at that project it
would do so and come back to the Council about what might be required and the
resources available.
M/Tanaka said he liked the report.
MPT/Everett said he was very pleased with the report and that it helps him
understand agenda item 8.2 staff report and that it would help him if the pages
were numbered. Lemon Avenue is still under the 16-17 descriptions and as he
reads the charts, it's finished in 15-16. He asked if that was a correct statement.
PWD/Liu responded that it would be an 18 month process and should be under
the 15-16 FY.
MAY 21, 2013 PAGE 5 CC STUDY SESSION
PUBLIC COMMENTS: None Offered.
ADJOURNMENT: With no further business to come before the City Council,
M/Tanaka adjourned the Study Session at 6:10 p.m. to the Regular City Council
Meeting.
Tommye Cribbins, City Clerk
The foregoing minutes are hereby approved this day of
Jack Tanaka, Mayor
2013.
Agenda No. 6.1(b)
MINUTES OF THE CITY COUNCIL
REGULAR MEETING OF THE CITY OF DIAMOND BAR
MAY 21, 2013
STUDY SESSION: 5:30 p.m., Room CC -8D D d
00.Discussion of the FY 2013-14 Budget — Special Funds, �F�i ita
Improvements Projects (CIP), etc. — Discussion and Action
Public Comments: None Offered.
Study Session was recessed to Regular City Council Meeting at 6:10 p.m.
CALL TO ORDER: Mayor Jack Tanaka called the Regular City Council
meeting to order at 6:33 p.m. in the South Coast Air Quality Management District
Auditorium, 21865 Copley Drive, Diamond Bar, CA.
PLEDGE OF ALLEGIANCE: MPT/Everett led the Pledge of Allegiance.
INVOCATION: Ahmad H. Sakr, PhD, Islamic Education Center
introduced Ashraf Jakvani who gave the invocation.
CM/DeStefano reported that tonight's meeting began with a Study Session at 5:30 p.m.
during which the Council again discussed the upcoming FY 2013-14 General Fund
budget specifically focused on the Special Funds and Five -Year Capital Improvement
Plan for the City. No action was taken during the study session and the matter was
referred to tonight's regular meeting for the Council's decision. The Study Session
concluded at about 6:10 p.m.
ROLL CALL: Council Member Chang, Herrera, Tye, Mayor Pro
Tem Everett and Mayor Tanaka.
Staff Present: James DeStefano, City Manager; David Doyle,
Assistant City Manager; David DeBerry, City Attorney; Ken Desforges, IT Director;
David Liu, Public Works Director; Bob Rose, Community Services Director; Dianna
Honeywell, Finance Director; Greg Gubman, Community Development Director; Ryan
McLean, Assistant to the City Manager; Anthony Santos, Senior Management Analyst;
Cecilia Arellano, Public Information Coordinator, and Tommye Cribbins, City Clerk.
APPROVAL OF AGENDA: As Presented.
1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
BUSINESS OF THE MONTH:
1.1 M/Tanaka presented a Certificate Plaque to owner James Hahn on behalf
of Diamond Bar Crossfit, 303 S. Diamond Bar Boulevard, as Business of
the Month for May 2013.
MAY 21, 2013 PAGE 2 CITY COUNCIL
2. CITY MANAGER REPORTS AND RECOMMENDATIONS:
CM/DeStefano announced that beginning in July and continuing through the
second week of September the South Coast Air Quality Management District
Auditorium and adjacent meeting rooms will undergo major renovation which will
make City Council meetings impossible to be held here. Therefore, during the
months of July, August and September Council Meetings will be held in the
Windmill Community Room at City Hall. Meetings will be taped and re -broadcast
on DBTV Channel 3.
CM/DeStefano reported that the City has a new Area Lieutenant specifically for
the City of DB. Lt. Steve Katz has moved on to serve as the Operations
Lieutenant at the Pico Rivera station. CM/DeStefano then introduced Diamond
Bar/Walnut Sheriff Station Captain Jeff Scroggins who then introduced Area
Lieutenant Tony Tachias who said he was excited to be working with DB and
would also be working as the Detective Bureau Lieutenant.
3. PUBLIC COMMENTS:
Master Chef Julie, Cordon Bleu de Diamond Bar Library, announced the summer
reading program theme "Reading is so Delicious" which begins June 17, 2013.
Miss Diamond Bar Annemarie Branks and her Court, Princess Serena Avila -Mott,
Danielle Ritchie, Chika Udengwu and Melina Di Palma presented a Certificate of
Appreciation to the City Council and the City for supporting their organization and
for investing its time, money and faith.
M/Tanaka thanked Miss Diamond Bar and her Court for their involvement with
the City's activities.
Jim Gross, Director, Risk Manager, California Joint Powers Insurance Authority
(CJPIA) stated that through its membership the City receives coverage for liability
claims, workers' compensation claims as well as participating in several other
commercially insured insurance programs. The purpose of his visit is to let the
City Council know that he is once again working with the DB staff.
Lew Herndon, representing the Fields for Kids Committee, expressed the
committee's concerns for the lack of sufficient sports fields for the DB youth and
announced that the committee has created and circulated a petition with nearly
700 signatures to date asking the City Council to help fund the availability of
more fields in the City. Anyone wishing to participate can call him at 909-437-
6366 or lewherndon(a)_hotmail.com. He requested that the receipt of these
petitions be recorded in the official record of this meeting.
MAY 21, 2013 PAGE 3 CITY COUNCIL
0
5
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Allen Wilson commended the City Council for choosing the new City Attorney,
David DeBerry and welcomed him. Mr. Wilson then spoke in opposition to the
SCAQMD proposal to ban the use of fire pits along the LA and Orange County
beaches. He implored the DB City Council to take a position in opposition to the
proposed ban.
Eric Stone addressed 24101 Darrin Drive which he feels is a unique property that
borders Darrin Drive, the SR60, Golden Springs, Carpio Drive and Armitos. He
has been trying to get some issues resolved regarding the property but is having
communication problems. He would appreciate a call at 909-636-4007.
RESPONSE TO PUBLIC COMMENTS: None
SCHEDULE OF FUTURE EVENTS:
5.1 Parks and Recreation Commission Meeting — May 23, 2013 — 7:00 p.m.,
Windmill Community Room, 21810 Copley Drive.
5.2 Memorial Holiday — May 27, 2013 — City Offices closed in observance of
the Memorial Day Holiday. City Offices reopen Tuesday, May 28, 2013 at
7:30 a.m.
5.3 Planning Commission Meeting — May 28, 2013 — 7:00 p.m., Windmill
Community Room, 21810 Copley Drive.
5.4 City Council Meeting — June 4, 2013 — 6:30 p.m., AQMD/Government
Center Auditorium, 21865 Copley Drive.
CONSENT CALENDAR: C/Herrera moved, C/Tye seconded, to approve the
Consent Calendar as presented. Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS
NOES: COUNCIL MEMBERS
ABSENT: COUNCIL MEMBERS
6.1 CITY COUNCIL MINUTES:
Chang, Herrera, Tye, MPT/Everett,
M/Tanaka
None
None
6.1.1 Study Session of May 7, 2013 -Approved as submitted.
6.1.2 Regular Meeting of May 7, 2013 - Approved as submitted.
6.2 RATIFIED CHECK REGISTER — Dated May 2, 2013 through May 15,
2013 totaling $946,177.52.
6.3 AWARDED CONTRACT TO DIANA CHO AND ASSOCIATES FOR
CDBG CONTRACT ADMINISTRATION SERVICES FOR A NOT -TO -
EXCEED AMOUNT OF $20,000 FOR FISCAL YEAR 2013-14.
MAY 21. 2013 PAGE 4 CITY COUNCIL
6.4 APPROVED AN UNLIMITED USE SERVICE PROPOSAL WITH
BLACKBOARD CONNECT FOR GOVERNMENT TO PROVIDE
CONNECT-CTY EMERGENCY NOTIFICATION SYSTEM SERVICE
(REVERSE 911 SYSTEM) THROUGH AUGUST 15, 2016 AT AN
ANNUAL COST OF $31,583.
6.5 AWARDED CONTRACT TO HOFFMAN MANAGEMENT &
CONSTRUCTION CORPORATION IN THE AMOUNT OF $159,732.60
FOR IMPROVEMENTS TO THE DIAMOND BAR CENTER AND
AUTHORIZED A 15% CONTINGENCY; AUTHORIZED THE PURCHASE
OF FURNITURE, FIXTURES AND EQUIPMENT FROM INTERIOR
OFFICE SOLUTIONS (IOS) IN AN AMOUNT NOT -TO -EXCEED $65,000;
AUTHORIZED LPA TO PROVIDE CONSTRUCTION ADMINISTRATION
SERVICES AND OTHER ARCHITECTURAL SERVICES FOR AN
AMOUNT NOT -TO -EXCEED $16,000.
7. PUBLIC HEARING:
7.1 ADOPT ORDINANCE NO. 02(2013): EXTENDING ORDINANCE NO.
10(2012) PROHIBITING THE ISSUANCE OF PERMITS FOR
GUESTHOUSES AND SECOND UNITS IN THE LOW DENSITY
RESIDENTIAL (RL) ZONING DISTRICT IN ACCORDANCE WITH THE
PROVISIONS OF GOVERNMENT CODES SECTION 65858.
CDD/Gubman presented staff's report stating that on June 19, 2012, the
City Council adopted an Interim Urgency Ordinance that placed a 45 -day
moratorium on issuing permits for guesthouses and second units
sometimes referred to as granny flats in the low density residential (RL)
zoning district. The Urgency Ordinance was adopted to address an
immediate threat to the public health, safety and welfare after the City
learned that a real estate investor was systematically acquiring properties
in one single family neighborhood and was obtaining building permits to
build guesthouses and second units on those properties. This proliferation
of ancillary dwellings within a single family neighborhood had the potential
effect of changing the fundamental character of the neighborhood from
single family to multi -family and this pattern could be repeated in other
identically zoned neighborhoods. On July 17, 2012 the City Council
extended the moratorium for an additional 10 months and 15 days to
provide additional time to conduct research and propose changes to the
City's Development Code. The current moratorium extension is set to
expire on June 19, 2013. To allow additional time to research this matter,
prepare new permanent regulations and to update the Zoning ordinance
for adoption by the City Council, staff recommends that the City Council
extend the Urgency Ordinance for an additional year as permitted by
Government Code Section 65858.
M/Tanaka opened the Public Hearing.
MAY 21, 2013 PAGE 5 CITY COUNCIL
With no one present who wished to speak on this item, M/Tanaka closed
the Public Hearing.
7.2 C/Herrera moved, C/Chang seconded, to adopt Ordinance No. 02(2013):
extending Ordinance No. 10(2012) prohibiting the issuance of permits for
guesthouses and second units in the Low Density Residential (RL) Zoning
District in accordance with the provisions of Government Code Section
65858 for one additional year from June 19, 2013 to June 19, 2014.
Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS: Chang, Herrera, Tye,
MPT/Everett, M/Tanaka
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
8. COUNCIL CONSIDERATION:
CM/DeStefano stated that with respect to Item 8.1 (a) through (d), this year's
budget continues the City Council's skill at utilizing resources very carefully over
the last several years during a deep recession that southern California continues
to face with unemployment levels that remain above the national average but
slowly improving in the immediate area of DB. This City Council continues to be
good stewards and fiduciaries for its community. This budget continues all of the
programs, all of the policies, all of the efforts underway and there have been no
diminishment of service levels, no changes that lower service levels or resources
in any of the categories within the budget. Each year staff looks very carefully at
the budget and moves money to where it is more appropriate. General Fund
dollars, the most precious dollars the City receives, are carefully utilized to the
best advantage possible as well as, all of the resources that come to the City
from the Federal government, the State, County and other agency opportunities.
Public Safety/Law Enforcement Services are not changing and the City is
maintaining the same level of services it has in the past. In fact, one of the
Special Fund items is the STAR Program which has been depleted overtime.
The City has reinvested resources into that program and is moving to utilize more
General Fund dollars for the STAR deputy. In addition, while indicating that the
City has not changed, diminished or eliminated any of the service levels or
programs, this year there is actually a modest increase in program levels that is
proposed. Within the Community Services Department and Parks and
Recreation, the City Council is being asked by staff to approve a Women's Fast
Pitch Softball Program with a modest amount of resources offset by an equal
amount of revenues. Overall, this recommended budget reflects General Fund
resources of $21,428,000 with appropriations of $21,370,000 which results in a
modest addition to the General Fund Reserves at the end of the FY 2013-14 of
about $58,000. The budget looks to utilize reserves in 2013-14 in the amount of
$980,000, one-third of which is for continued economic development programs
as the FY 2013-14 is seen as being a much better year to advance the City's
initiatives. In addition, while not directly related to economic development, the
MAY 21. 2013 PAGE 6 CITY COUNCIL
City should see long -stalled housing products move forward within the FY 2013-
14. The City will begin the FY 2013-14 ith reserves in the amount of $16,718,000
and as anticipated with this budget in the conservative use of resources and
ending year revenues, staff anticipates that the General Fund Balance Reserve
will be approximately $15,796,000 at the end of June 2014. Later in this
presentation the City Council will hear that within this budget is also a proposed
$6.3 million Capital Improvement. Council has spent time during two study
sessions working through the budget and staff will makes its presentation for the
benefit of the public. FD/Honeywell has done a phenomenal job this year in
putting together the budget and assisting him in providing several departments
with additional resources this year, most notably in the Community Services
Department where much needed additional maintenance dollars were necessary
to be utilized at the City Parks, the Diamond Bar Center and other areas.
CM/DeStefano introduced FD/Honeywell who then gave staff's presentation.
FD/Honeywell reported that the FY 2013-14 proposed budget is balanced and
increases General Fund Reserves for operations by $58,000. The budget, as
proposed, incorporates modest, yet realistic growth in both revenue and
expenditures over the current years expected numbers while maintaining service
levels in the community. General Fund budgeted revenues are estimated to be
$21,428,000 and are projected to increase over the current fiscal year by
$396,000 or 1.9 percent. General Fund budgeted expenditures are estimated to
be $21,370,000 and every effort has been made to keep appropriations at or
near the same level as the current fiscal year estimates. It is anticipated that
General Fund expenditures will grow by 4.9 percent over the current fiscal year.
The Public Safety budget is estimated to increase a total of 5.2 percent over the
actual anticipated 2012-13 expenditures. The proposed budget also includes a
payment of 4 percent or $211,000 to the Sheriff's Liability Trust Fund. The total
increase to the Public Safety budget over the fiscal year 2012-13 expected totals
is $303,000 and staffing levels remain unchanged.
In order to better meet the needs of the community, included in the proposed
budget is the addition of two new positions and the re -positioning of three
existing positions. These personnel changes total $186,000 which is funded
from the savings realized from frozen positions. Also incorporated in the FY
2013-14 proposed budget is a 1.5 percent Cost of Living increase for employees
as well as, a $50 increase in the benefit allotment which amounts to a total cost
of $125,000.
The FY 2013-14 proposed budget provides for the use of General Fund
Reserves in the amount of approximately $980,000. Most notable of the
expenditures funded by the reserves are Capital Improvement Projects (CIP) for
a slurry seal project, a trail project the City received grant funds for which the City
is required to provide matching funds and, the design of the Heritage Park
Community Center improvements. Since 2001 the City Council has regularly set
aside reserves to fund Economic Development activities.
MAY 21, 2013 PAGE 7
CITY COUNCIL
Included in the 2013-14 FY budget to fund these activities is $317,000. Also
included in the use of reserves is a transfer -out to the Lighting and Landscape
Districts (LLD) in the amount of $121,000 in order to maintain current service
levels for utilities and maintenance of grounds. Some smaller items funded with
General Funds Reserves is the construction of permanent housing for the
emergency generator at City Hall, a document scanning system and funding for
the 2013 through 2021 Housing Element of the General Plan. Also included in
the proposed budget are various Special Revenue Funds — Debt Service Fund,
Equipment Replacement Fund and the Capital Improvement Fund. These types
of funds have specific guidelines as to how the resources may be used. The City
uses these funds to pay for things such as slurry seal projects, transit related
programs, Solid Waste Reduction programs, unforeseen fleet costs and network
upgrades. There are two new Special Revenue Funds proposed this year which
would fund future increases to Law Enforcement budget and street projects from
fees received from the City's waste hauler. The FY 2013-14 Capital
Improvement Budget includes projects totaling $6.3 million of which $3.6 million
are project carryovers from FY 2012-13. A detailed presentation of the Capital
Improvement Plan will be presented later. Tonight, staff is also seeking Council's
approval of the Gann Appropriation Limits which is required by Government
Code. Each year staff calculates an annual appropriation limit based on the
percentage change in the County population over the previous year. For FY
2013-14 this limit is near $38 million. The City's anticipated expenditures fall well
below this limit. Staff is also seeking approval for FY 2013-14 Investment Policy
which is unchanged from FY 2012-13 investment policy. This policy provides for
a conservative approach to investing the City's reserves which first emphasizes
safety, then li uidit , and lastly,iy eld. Staff is also asking the City Council to
adopt the 2013-14 FY salary resolution. As previously mentioned, this schedule
incorporates a 1.5 percent Cost of Living increase and a $50 increase to the
Benefit Allotment for a total cost of proposed increases of $125,000.
M/Tanaka asked for public comments.
Allen Wilson said he was very concerned about 8.1 (d), the proposal to increase
the benefit allotment. The LA County CPI is 1.3 percent. City staff is
recommending 1.5 percent. This City has been very generous with
compensation packages for staff. He appreciates staff's dedication but as good
times are coming, do not break the bank. He is also very concerned about
increasing the allotment for the City Council. Each Council Member gets $746 a
month salary plus $1100 benefit allotment which costs the taxpayers $60,000
and now the City Council wants additional. This is a part time position. Even
part time Walmart employees get no benefits. How does this City Council in
good conscience assess this defined benefit and hoped the City Council would
reconsider this allotment benefit for their voluntary positions.
With no one else present who wished to speak, M/Tanaka closed public
comments.
MAY 21, 2013 PAGE 8 CITY COUNCIL
C/Herrera said she is very proud to live in DB. This City has very conservative
staff members that are very, very careful with the City's dollars which is apparent
by staff consistently presenting a balanced budget every year. Each year staff
carefully assesses expenditures and stays within its budget. The City is very well
run. Citizens enjoy the different programs and amenities. Many citizens
compliment staff and Council on the wonderful appearance of the City and
residents are very fortunate to live in DB unlike some of the immediate
neighboring cities which are struggling and are deficit millions of dollars.
Thankfully, DB is not in that position. DB does not have utility taxes like many
other cities have.
M/Tanaka thanked FD/Honeywell and staff for presenting a very well-balanced
budget, addition to the reserves for the work it does all year.
C/Chang praised staff for its work. She has been involved regionally and is
constantly asked how DB is doing and when she tells others about all of the
projects DB has completed last year and this year folks are shocked to learn that
DB still has 76 percent of its budget in reserves which is unheard of in this
economy. DB has been very conservative and folks all across the state have
said that DB should be used as a model. She is very proud to be able to serve
the City of DB. Kudos to staff for continuing its fiscal conservatism and thank you
to staff for taking such good care of the City and its residents!
C/Herrera moved, M/Tanaka seconded, to adopt 8.1 a, b, c, and d. Motion
carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS: Chang, Herrera, Tye, MPT/Everett,
M/Tanaka
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
8.1(a) ADOPT RESOLUTION NO. 2013-07: APPROVING AND ADOPTING A
BUDGET FOR THE FISCAL YEAR COMMENCING JULY 1, 2013 AND
ENDING JUNE 30, 2014 INCLUDING MAINTENANCE AND
OPERATIONS, SPECIAL FUNDS AND CAPITAL IMPROVEMENTS; AND
APPROPRIATE FUNDS FOR ACCOUNTS, DEPARTMENTS,
DIVISIONS, OBJECTS AND PURPOSES THEREIN SET FORTH.
(b) ADOPT RESOLUTION NO. 2013-08: SETTING PROPOSITION 4
(GANN) APPROPRIATIONS LIMIT FOR FISCAL YEAR 2013-14 IN
ACCORDANCE WITH THE PROVISIONS OF DIVISION 9 OF TITLE 1
OF THE GOVERNMENT CODE.
(c) ADOPT RESOLUTION NO. 2013-09: ADOPTING THE STATEMENT OF
INVESTMENT FOR FISCAL YEAR 2013-14.
MAY 21. 2013 PAGE 9 CITY COUNCIL
(d) ADOPT RESOLUTION NO. 2013-10: AMENDING RESOLUTION NO.
2012-32 ESTABLISHING SALARY GRADES AND FRINGE BENEFITS
FOR ALL CLASSES OF EMPLOYMENT, EFFECTIVE JULY 1, 2013.
8.2 APPROVAL OF THE MULTI-YEAR CAPITAL IMPROVEMENT
PROGRAM.
CM/DeStefano stated that with the approval of the budget package, the
Council has approved FY2013-14 Capital Improvement Program;
however, this year, like last year, staff is bringing forward the blueprint for
the next few years along with the resources and types of projects those
resources would be invested in within the community.
FD/Honeywell stated that for the first time in the City's history, a multi-year
Capital Improvement Project Plan was developed and presented to the
City Council when the FY 2012-13 Budget was presented. Staff continues
to strategize the use of City resources while ensuring that DB's public
infrastructure remains in good condition for years to come. Staff has
updated the five-year plan to include FY 2013-14 through FY 2017-18.
While the multi-year CIP document is a useful planning tool, it is subject to
change based on Council's direction and economic conditions. To that
end, Council will appropriate funds for only one year at a time. Each year
during budget discussions the multi-year plan will be updated and
presented for Council's consideration.
PWD/Liu presented a power point presentation on the five-year CIP plan.
This is a five-year planning tool and the updated multi-year CIP identifies
and coordinates the financing and timing of public improvements in DB.
By considering all projects at a single time per this document, a more
comprehensive view can be taken about the community's capital needs,
and projects can be better coordinated and financed. Furthermore, this
document provides the means for the City Council to determine capital
priorities and continuity in carrying them out. Project selection is based on
citizen input, data from the Pavement Management Program and the
Comprehensive Infrastructure Management Plan, Parks Master Plan, City
Council Priorities, General Plan Goals and information from City staff.
PWD/Liu further stated that there are a total of 62 projects located in the
document representing an investment of almost $32 million over the five-
year plan with only $1,766,377 or 5.7 percent expected to be paid out of
the General Fund. Projects slated for subsequent years, as indicated by
FD/Honeywell, from year two through year five as identified in this
document, do not receive expenditure authority until they are allocated
funding in a Capital Project for the specific fiscal year. PWD/Liu showed
the summary of the 5 Year Capital Improvement Project Plan with
estimates for the various funding sources. These projects are divided into
the following categories:
MAY 21, 2013 PAGE 10 CITY COUNCIL
1) Street Maintenance; 2) Traffic Management/Safety; 3) Transportation
Infrastructure; 4) Miscellaneous Public Works Improvements, and 5) Park
and Recreation Improvements. Note that with a combined 77 percent of
the 5 -year CIP expenditure requirements, the two categories of Street
Maintenance and Transportation Infrastructure can be considered to be
the main drivers of the CIP. And, as has been the practice in the past, the
CIP recommended budget is balanced for all funds. Staff has included
project descriptions for the different projects contained in the CIP
document.
CSD/Rose highlighted a few of the projects from each fiscal year. The
Residential Slurry Seal Area 2 is the large green area in the center of the
map that will be completed during the 2013-14 FY. The Morning Canyon
Reconstruction project will remove tree roots that have raised areas on the
street surface that need to be repaired. This project will include pavement
rehabilitation, pruning and possible tree removal. The Grand Avenue
Beautification is another project that will be designed during FY 2013-14
and incorporates an area from about Montefino to the easterly City limits.
This project will enhance the streetscape and different street features in
the area along Grand Avenue and a portion of Diamond Bar Boulevard
adjacent to Grand Avenue. Some of the park projects that will be done
during the next fiscal year include the design and construction of the
Grandview Trail and Trail Link. DB received two Land and Water
Conservation Grant funds that are matched by General Fund monies.
This project will complete a very large loop trail that will lead from the west
Diamond Bar Center parking lot around the open space to the east
Diamond Bar Center parking lot. There will also be construction of ADA
Access to the dog park which will include ramping and stairs accessing
the large dog park. Also included in FY 2013-14 is the design of Heritage
Park Community Center improvements. Heritage Park was constructed
20 years ago and the community center is in need of modernization which
this design work will address in preparation for construction in a future
fiscal year.
CSD/Rose spoke about FY 2014-15 which includes the commencement of
the Lemon Avenue Interchange construction and includes on and off
ramps from Lemon Avenue to and from the SR 60. There will be
improvements made at Longview Park which includes ADA Accessible
walkways, Tot Lot surfacing, new play equipment, benches, picnic tables
and barbecue.
PWD/Liu stated that during FY 2014-15 staff will have completed the
Ground Water Drainage Improvement studies that will then be identified
and prioritized for improvements. With the anticipated completion of the
study, beginning in 2014-15 and continuing into 2015-16 there will be
various drainage and/or ground water types of improvements throughout
the City. Pending discussions with Southern California Edison, staff will
MAY 21, 2013 PAGE 11 CITY COUNCIL
look at the opportunities to underground all of the existing utility and power poles
throughout the City. Staff anticipates the City will receive a little over $1 million to
identify a sizeable project and if necessary, the City can also mortgage five years
worth of annual allocations to come up with more projects. As part of this project,
the residents will see less overhead utilities throughout the City and staff will also
have an opportunity to identify street light needs along some dark parts of the
City. In terms of identifying the projects staff does this in an organized fashion
because this not only includes undergrounding utility lines, there will be service
lines that crisscross different properties which staff will need to work very closely
with residents to make certain that there is minimal impact and inconvenience.
CSD/Rose spoke about FY 2015-16 which includes the Pathfinder Road
Rehabilitation Project. This project includes the design and construction of the
roadway rehabilitation on Pathfinder Road between Peaceful Hills and the
westerly City limit. This is a collaborative project with LA County Public Works
because a portion of Pathfinder Road has shared jurisdiction between DB and
unincorporated LA County. The construction of the Heritage Park Community
Center will take place during this fiscal year and will modernize the interior of that
facility. Another park project is the improvements at Starshine Park which
include accessible walkways, Tot Lot surfacing, play equipment, benches, tables
and barbecues as well as, improved drainage for the site.
PWD/Liu stated that during FY 2015-16 staff will also look to see if there is a
need to initiate or partner with the County to consider some of the needs and
deficiencies at some of the sewer pump stations in the City. As the property
owner for these pump stations, DB has certain responsibilities and believes that
the City needs more information to consider and budget proper resources for
these possible improvements. In short, during this fiscal year staff proposes to
conduct a comprehensive assessment study to look at all of the pump stations in
DB and depending on the discussions and negotiations with the County, propose
projects as deemed necessary and feasible.
CSD/Rose spoke about FY 2016-17. One of the projects is the Slurry Seal of
Area 5 which is the large green area on the map toward the top of the map. A
couple of park projects slated for this FY are new playground equipment and
surfacing at Paul C. Grow Park and Maple Hill Park.
CSD/Rose then went on to report on FY 2017-18. One of the projects is the Area
6 Slurry Seal and sidewalk improvements, which is shown at the end of the large
green area on the map at the top of the City. One of the park projects that will be
completed is the design of Sycamore Canyon Creek Repair and Tot Lot wall.
PWD/Liu concluded that this updated CIP was prepared to be within a
reasonable estimate of Special Fund Revenues while continuing to provide the
community with plan improvements to infrastructure and facilities. To achieve
this end, this document is a dynamic and evolving plan which will presumably be
meeting future capital needs of the community as there are a myriad of factors
MAY 21, 2013 PAGE 12 CITY COUNCIL
that will influence and affect the planning process as the CIP continues to evolve.
Critical factors and input include forecast demand, level of service standards,
capital project requests and evaluation, funding plans, as well as, commitment.
The City's CIP reflects staff's commitment to provide the most efficient use of
available City resources to the community it services. To better safeguard the
City's resources, staff recommends that the City Council approve the multi -use
CIP document as submitted this evening.
MPT/Everett thanked staff for the detailed presentation which was thoughtfully
organized and presented by both PWD/Liu and CSD/Rose with the collaboration
of the entire staff. This gives him and his colleagues a great framework that is
realistic and practical to work with for five years hence. It is easy to read and he
challenged and encouraged every resident to review this report. What he found
interesting was that the third item under Project Description, Transportation
Infrastructure Projects, is the Lemon Avenue project which is now a reality in FY
14-15 and 15-16, which has been on the City's Goals & Objectives for several
years and for which the City has invested millions of dollars to date. He found
Ground Water and Storm Water as mandated with no funding on the list as a
challenge as well. The other Item is Rule 20A, Southern California Edison
undergrounding operation which will take all of the utilities that are on poles today
and put them underground. The last item he found very interesting was Sewer
Pump Stations study, analysis and planning. The sewer pump houses are
owned by the City of DB and maintained by the County of LA and DB is taking a
look at this issue to anticipate the needs. The report is easy and important to
read because this involves the citizen's money. He again thanked staff for
making this a reality for the first time in the history of DB and many cities and
counties are still talking about it.
M/Tanaka asked for public comments.
Lew Herndon reiterated his earlier comments regarding the lack of sports fields
for kids. He congratulated the City Council on a successful budget and asked
the Council to consider funding for a project that will help solve a problem that is
decades old in this City which is not having enough funds for sports fields for
kids.
There being no one else who wished to speak on this item, M/Tanaka closed the
public comments portion.
C/Tye moved, C/Herrera seconded, to approve the Multi -Year Capital
Improvement Program as presented. Motion carried by the following Roll Call
vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Chang, Herrera,
M/Tanaka
None
None
Tye, MPT/Everett,
MAY 21, 2013 PAGE 13 CITY COUNCIL
9. COUNCIL SUBCOMMITTEE REPORTS AND MEETING ATTENDANCE
REPORTS/COUNCIL MEMBER COMMENTS:
C/Tye thanked Mr. Herndon on behalf of Fields for Kids. Mr. Herndon is the type
of individual who sees a problem and gets busy doing something about it. This is
not an easy problem to solve and he has sought the support of many of the
sports organizations including Pony Baseball, Pop Warner, and AYSO. C/Tye
encouraged Mr. Herndon to keep at it and find other partners to help. This is a
great effort that will not be solved overnight but he does appreciate his efforts.
C/Tye thanked Captain Scroggin for bringing Lieutenant Tachias to DB and
welcomed him to the City. Over the weekend Contract Cities held its 54th annual
seminar. C/Tye thanked the City Council for appointing him as the delegate to
Contract Cities and thanked the Executive Board and the voting group of
Contract Cities in naming him President for the coming year. He looks forward to
representing DB as always on that body. DB has one voice when it goes to
Sacramento which is the voice of protecting cities and telling Sacramento to keep
their hands off of the City's money.
Memorial Day is Monday and he thinks of the words of former President Ronald
Reagan when he was giving a speech on Memorial Day "we owe this freedom of
choice of action to those men and women in uniform who have served this nation
and its interests in time of need. In particular, we are forever indebted to those
who have given their lives, those that have truly paid the ultimate price for our
freedoms, that we might be free — for you, for me, for all Americans." C/Tye said
he hoped everyone would keep those words in mind on Memorial Day. It is a lot
more than just picnics - it is about the men and women that have made that
ultimate sacrifice.
C/Chang reminded residents they could follow her on Facebook and Twitter.
She attended Contract Cities and congratulated President Tye who will do a
great job leading Contract Cities. She attended the installation dinner where
Senator Huff installed the Board and Supervisor Don Knabe served as emcee.
She attended ICSC to try to attract retailers into DB. It has been difficult but your
Council and staff members continue to fight the good fight and hopefully retailers
are listening and will consider moving their business to DB. She participated in
the League Legislative Committee meeting which she currently chairs. The first
of June she will become the president of the LA Division. She attended the
Regional Chamber Lunch Mob, a new monthly event during which a new
restaurant will be visited. It is the "Loyal to Local Movement" which is great
because local businesses deserve our support. She welcomed Station Lt. Tony
Tachias. She believes the success of this City is due to a great partnership
between staff, Council, residents, business owners and the Public Safety
Department.
C/Herrera said she believes everyone supports Fields for Kids. DB is famous for
its support of the different youth activities. Certainly throughout the years her
kids have played Junior All American Football, Little League and DB Girl's
MAY 21. 2013 PAGE 14 CITY COUNCIL
Softball. All of these different activities play a big part in developing kids into the
wonderful citizens that they are today and go a long way toward making them
good athletes when they arrive at high school age which is one of the reasons
that the local high schools do so well in the athletic departments. DB continues
to look for funding to fund the Parks Master Plan but the items listed in the multi-
year Capital Improvement Plan are monies that need to go to fix things that
already exist in the City. DB needs to have a plan to repair what exists and not
let those items go to ruin. DB needs to continue looking for new money to have
more fields to engage the kids and keep them active. The entire Council has the
goal of finding money to fund the items contained in the Parks Master Plan. She
welcomed Lt. Tachias. She also congratulated President Steve Tye. Along with
that responsibility, it is the responsibility of the President's City to host and plan
everything for Contract Cities including workshops and who the speakers will be.
CM/DeStefano and staff did an outstanding job with dynamic speakers like Terry
McDonald who talked about AB109 realignment where inmates are early
released from incarceration and about earthquake preparedness and is California
ready for the "big one" with a video presentation of major earthquakes in various
places. Bottom line is that residents need to be prepared not for three days but
for at least two weeks in the event of the big earthquake. Everyone listened
intently during these great sessions. Other great sessions focused on Economic
Development with another great speaker, Larry Kosmont; Public Integrity in the
Office of the District Attorney with the Honorable Jackie Lacey, newly elected
District Attorney; Regional Mobility and Airport Access about Ontario Airport and
the danger of its closing with main speaker Alan Wapner; and Regional Mobility
by Rich Macias from SCAG. Everyone complimented DB on what a great job DB
did in putting the workshops together. Everyone participated and listened
intently. Congratulations to DB and congratulations to President Steve Tye.
MPT/Everett welcomed James and Bryan from Crossfit as the new business and
the City's new Service Area Lieutenant Tony Tachias He congratulated C/Tye
on being elected as this year's Contract Cities Association President. He also
attended the luncheon at which Metro Chief Art Leahy spoke about
communications in his organization. The next day he attended the Lennar
workshop for the park at Site D. The workshop included the preliminary design
of the park based on feedback from the community. Also in attendance were
M/Tanaka, CSD/Rose and his staff along with Parks and Rec and Planning
Commissioners, and the neighbors of Site D. It was a healthy exchange,
excellent communication and he felt a good first step towards developing this
park in the best interest of DB community and all parties affiliated with Site D.
The following Monday he and M/Tanaka were privileged to join a three-day multi -
agency fire drills in Tonner Canyon. Thanks to LA County Fire Department and
more specifically Chief Stone and PIO Leticia Pacillas. We spent the morning of
the first of the three days with agencies from three or four counties and it was
fascinating to see what they do in the event of a wildfire. Saturday and Sunday,
May 18 and 19 Northminster Presbyterian Church celebrated its 50th Anniversary
in DB. It was his privilege to present on behalf of the Mayor and Council a
proclamation of their many, many investments and continued participation in our
MAY 21, 2013 PAGE 15 CITY COUNCIL
City — over the past 50 years. He also presented a City tile, attended church
services and ate lunch. Congratulations to Pastor Stebe, the Church leaders and
all of the people who have been involved at Northminister Presbyterian Church.
Yesterday he had the privilege, along with CM/DeStefano, to attend the farewell
reception for Walnut Valley Unified School District's Dr. Dean Conklin. He
served WVUSD for 14 years through two different tours with his final tour ending
with his retirement as WVUSD Superintendent. Neighbors from the City of
Walnut, Congressman Royce, State Legislators from the Senate and Assembly
were represented and it was just a real honest thank -you and best wishes as he
moves on and has made a contribution. CM/DeStefano and he presented a City
Tile to Dr. Conklin.
Last night he had the privilege of attending the "Circle of Friends" program that
celebrated their 10th Anniversary of operating; special friends, and volunteerism
for Autistic children and other disabilities. The emcee was a DBHS graduate who
most recently completed UC Berkeley. It was a privilege to present nine
certificates along with the City of Walnut and Congressman Royce's office. The
"Circle of Friends" is growing and going and if you have any specific interests in
needs of special children or interest in volunteering there were at least two high
school students from DRHS, a number from DBHS and the entire valley is now
supporting this activity. He went on to thank all of the volunteers in so many
ways from the churches to the people who speak here and take on projects like
Mr. Herndon. We appreciate all of you and it makes a great place.
M/Tanaka attended many events during the past couple of weeks. He attended
the Site D Park workshop where he again had the opportunity to talk with the
architect and the builder. He was at the Tonner Canyon Fire Drill which was a
multi -agency exercise and he was happy that there was no -burn in the exercise.
The following Monday he had a chance to help judge the DB Library's Photo
Contest "Animal's Reading Books". The Thursday following that we had a chance
to meet all of the photographers and congratulate all of the winners in the adult,
teen and youth classifications. Also present from all of the photographers they
had a People's Choice category and they also were awarded with a prize as well.
On May 14 the LA County Junior Fair Board held its presentations for their
projects and a scholarship dinner. As a member of the Advisory Committee he
had a chance to see high school seniors and juniors from 34 local high schools
working together to try to make the LA County Fair a better place. There was
representation from both DBHS and DRHS that participated this year. They have
a chance to get involved in some leadership training, improving their public
speaking skills, working with small groups and learning teamwork. It is a two-
year program that you enter in your junior year and after you finish completing
your project in your senior year you are awarded with a $2000 scholarship. He
also had an opportunity to attend the Foothill Transit's annual meeting where
they discussed regular business and also proposed service enhancements for
bus riders and discussed the 2014 business plan budget. This afternoon he
attended the Walnut Valley Water District's Water Awareness Month barbecue
lunch where various proclamations were made to the Water District and we also
MAY 21, 2013 PAGE 16 CITY COUNCIL
had to seethe art contest winners from the different schools. He wanted to say
thank -you to Linda Headley and to Miss Diamond Bar Annemarie and her
Princesses Serena, Danielle, Chika and Melina for coming this evening. He also
wanted to thank the CalPoly students who are sequestered in the back area in
the newsroom and who we'll have a chance to talk to a little bit later.
ADJOURNMENT: With no further business to conduct, M/Tanaka adjourned
the Regular City Council Meeting at 8:07 p.m. in memory of Volunteers on Patrol
member Jerry Altman and the Victims of the Oklahoma Disaster.
TOMMYE CRIBBINS, CITY CLERK
The foregoing minutes are hereby approved this day of 2013.
JACK TANAKA, MAYOR
Agenda No. 6.2
MINUTES OF THE CITY OF DIAMOND BAR
REGULAR MEETING OF THE PLANNING COMMISSION
APRIL 23, 2013
CALL TO ORDER:
Chairman Nelson called the meeting to order at 7:00 p.m. in the City Hall Windmill
Room, 21810 Copley Drive, Diamond Bar, CA 91765.
PLEDGE OF ALLEGIANCE: Vice Chairman Torng led the Pledge of Allegiance.
1. ROLL CALL:
Present: Commissioners Jimmy Lin, Vice Chairman Tony
Torng, Chairman Steve Nelson
Absent: Commissioner Frank Farago and Jack Shah were
excused.
Also present: Greg Gubman, Community Development Director; James
Eggart, Assistant City Attorney; Grace Lee, Senior Planner; John Douglas,
Housing Element Consultant; and Stella Marquez, Administrative Coordinator.
2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None
3. APPROVAL OF AGENDA: As presented
4. CONSENT CALENDAR:
4.1 Minutes of the Regular Meeting of March 12, 2013.
VC/Torng moved, C/Lin seconded, to approve the Minutes of the Regular
Meeting of March 12, 2013, as presented. Motion carried by the following
Roll Call vote:
AYES:
NOES:
ABSENT:
5. OLD BUSINESS:
6. NEW BUSINESS:
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
7. PUBLIC HEARING(S):
None
None
Lin, VC/Torng, Chair/Nelson
None
Farago, Shah
CDD/Gubman stated that with respect to Items 7.1 and 7.2, staff's
recommendation to the Commission is to open the public hearing on each item
APRIL 23, 2013
PAGE 2 PLANNING COMMISSION
and continue the matters to May 14, 2013, because the applicant did not post the
project sites with the required public hearing notice board the minimum 10 days
prior to tonight's public hearing date. Since the notifications were sent by mail
there may be members of the audience who wish to speak on these matters this
evening, thus, staff's recommendation is to open the public hearings for each
item, and then continue the matters to a date certain to avoid re -noticing the
public hearings.
7.1 Development Review No. 2010-373 — Under the authority of Diamond
Bar Municipal Code Section 22.48, the applicant and property owner
Horizon Pacific (c/o Jerry Yeh), requested Development Review approval
to construct a new single-family residence consisting of 10,186 square
feet of living space; 1,323 square foot garage/storage/utility space; and
482 square foot cabana on a 0.98 gross acre (42,762 square foot lot).
PROJECT ADDRESS:
PROPERTY OWNER:
APPLICANT:
22590 Pacific Lane (Lot 3)
Diamond Bar, CA 91765
Jerry Yeh
Horizon Pacific
20888 Amar Road #203
Walnut, CA 91789
Chair/Nelson opened the public hearing.
There was no one present who wished to speak on this item.
VC/Torng moved, C/Lin seconded
No. PL2010-373 to May 14, 2013.
Call vote:
to continue Development Review
Motion carried by the following Roll
AYES:
COMMISSIONERS:
Lin, VC/Torng, Chair/Nelson
NOES:
COMMISSIONERS:
None
ABSENT:
COMMISSIONERS:
Farago, Shah
7.2 Development Review No. PL2010-372 — Under the authority of Diamond
Bar Municipal Code Section 22.48, the applicant and property owner,
Horizon Pacific (c/o Jerry Yeh), requested Development Review approval
to construct a new single-family residence consisting of 10,018 square
feet of living space; a 1,300 square foot garage/storage/utility space; and
a 452 square foot detached tatami room on a 0.98 gross acre (42,719
square foot) lot. The subject property is zoned Rural Residential (RR) with
a consistent underlying General Plan land use designation of Rural
Residential.
APRIL 23, 2013
PROJECT ADDRESS:
PROPERTY OWNER:
APPLICANT:
PAGE 3 PLANNING COMMISSION
22588 Pacific Lane (Lot 4)
Diamond Bar, CA 91765
Jerry Yeh
Horizon Pacific
20888 Amar Road #203
Walnut, CA 91789
Chair/Nelson opened the public hearing.
There was no one present who wished to speak on this item.
C/Lin moved, VC/Torng seconded, to continue the public hearing for
Development Review No. PL2010-372 to May 14, 2013. The motion was
carried by the following Roll Call vote:
AYES: COMMISSIONERS: Lin, VC/Torng, Chair/Nelson
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: Farago, Shah
7.3 PL2012-513 — 2008-2014 Housing Element Implementation —
Amendments to Title 22 of the Diamond Bar Municipal Code
("Development Code") and Related Amendment to the Land Use Category
of the General Plan Land Use Element.
The City of Diamond Bar proposes to amend certain sections of the
Development Code and the I (Light Industrial) Land Use category of the
General Plan Land Use Element in order to implement policies and
programs contained in the City's Certified 2008-2014 Housing Element.
These amendments fall into the following three categories:
1. Establishment of zoning standards for emergency shelters and
transitional/supportive housing to be in compliance with Senate Bill 2
(SB2). The proposed Development Code Amendment establishes the
I (Light Industrial) zone to be the zoning district in which emergency
shelters may be established by right; and, affirms SB2's mandate that
transitional/supportive housing shall be treated as a residential use
subject only to the same requirements as other residential uses of the
same type in the same zone. The I (Light Industrial) land use category
of the General Plan Land Use Element would be amended to
accommodate the need for emergency shelter identified in the Housing
Element..
APRIL 23, 2013 PAGE 4 PLANNING COMMISSION
Establishment of zoning regulations for single -room occupancy (SRO)
housing. The Development Code Amendment identified the I (Light
Industrial) zone to allow housing for single -room occupancy units with
a conditional use permit. The I (Light Industrial) land use category of
the General Plan Land Use Element would be amended to
accommodate the need for single -room occupancy housing identified
in the Housing Element.
2. Amendment to existing density bonus provisions to be in compliance
with Senate Bill 1818. (SB1818).
Chapters 22.10, 22.18, 22.42, 22.48, and 22.80 are proposed to be
amended and new Sections 22.42.150, 22.42.160 and 22.42.170 are
proposed to be added to the Development Code in order to incorporate all
of the above provisions.
PROJECT ADDRESS: Citywide
Diamond Bar, CA 91765
PROJECT OWNER/ City of Diamond Bar
APPLICANT:
CDD/Gubman stated that this item is presented to implement several of
the program items set forth in the adopted and certified 2008-2014
Housing Element. Part of the objective set forth in the Housing Element is
to make provisions for housing in Diamond Bar for a wide spectrum of
socio-economic groups; and these implementation measures are
reflecting state mandates to have all local agencies comply with those
provisions. There are no local mandates that further these requirements
beyond what is set forth in state law. The matter before the Commission
this evening with Code Amendments and General Plan Amendment is to
comply with state law. The City is not advocating to go above and beyond
what the minimum requirements are because there are no local mandates,
policies, goals and/or objectives to move beyond those minimum
requirements.
Housing Element Consultant John Douglas presented staff's report. Mr.
Douglas stated that quite a few cities around southern California are going
through this very same process at this time. There are four topics that are
before the Commission tonight which are implementation programs
required under the Housing Element, pursuant to state law. It is important
that the City move forward and amend the code in order to ensure that the
Housing Element stays in compliance with state law.
APRIL 23, 2013 PAGE 5 PLANNING COMMISSION
Mr. Douglas stated that the four topics on the list are:
1) Transitional/Supportive Housing; 2) Emergency Shelters, required
pursuant to a state law that was adopted in 2007 (Senate Bill 2); 3) Single
Room Occupancy (SRO) housing - studio/hotel type units; and 4) Density
Bonus. Density Bonus law has been in state codes for many years, and
was updated a few years ago, so cities are required to amend their codes
to come into conformance with the latest iteration of state laws.
Mr. Douglas said that what state law says about Transitional/Supportive
Housing is that these are "residential' uses and they are subject to the
same regulations, standards, and procedures as applied to any other
residential use of that type in that zone. For example, if the city has a
single family house being used as a "Transitional' shelter, the same city
rules that apply to single family houses in that zone would also apply to
the "Transitional' shelter. One question that oftentimes comes up is "how
does this affect Group Home regulations?" Under state law and city
ordinances, if there is a state licensed group home that has no more than
six clients in it, then state law preempts cities from regulating those homes
any differently than a traditional family house. This new law on
"Transitional/Supportive Housing" would not change those rules on group
homes at all. So if this ordinance goes into effect, if a single family house
in a residential zone is used as a transitional shelter or supportive housing
facility, the city would be limited to applying whatever regulations are
pertinent to a single family house which is typically, very minimal. The
way that this issue is proposed to be handled is through including
definitions in the code that establish, consistent with state law, what is
meant by a transitional housing and supportive housing unit. If someone
came to the City asking for permission to operate one of these it would be
regulated by definition and whatever the zoning regulations are for that
type of use in that type of zone. It could be a single-family house, or it
could be multi -family condominium or apartments. In terms of the
definitions, what is meant by transitional housing is housing that is
operated typically by a non-profit or church or charitable organization and
they would operate a program whereby people who are in need would
come and be screened by the organization running the facility. Typically,
these folks are allowed to live in a transitional setting for somewhere
between six months and two years while they get on their feet and are
able to move on to permanent housing. Supportive housing is similar
although it has some supportive service component with it such as job
training, other types of counseling, meals on wheels, etc., and often,
supportive housing is targeted toward people who have some kind of
disability and it is either no rent or very low rent depending on what the
people can afford. It is aimed at folks who are in dire straits and do not
have any other place to go and it is a stepping stone to permanent
APRIL 23, 2013 PAGE 6 PLANNING COMMISSION
housing. This definition can be.contrasted with a "drug and alcohol rehab"
that is operated on a profit-making basis. This does not fall under the
definition of transitional supportive housing because it is a profit-making
venture and the definitions that apply to transition aVsupportive is aimed at
no or very low rent because individuals are low-income. It is important to
distinguish that this is not intended ,to regulate group homes or rehab
types of facilities.
Mr. Douglas explained that "Emergency Shelters" is a new requirement of
state law from a few years ago and what the law says is that every
jurisdiction has to identify at least one zoning district in the town where an
emergency shelter can be established by a very simple approval process
often referred to as "by right" which means no public hearing or conditional
use permit is required, and is handled administratively by the Community
Development Department. However, state law says that cities can
establish standards for these types of uses. The proposed ordinance
before the Commission tonight would identify the Light Industrial zone as
the only location in Diamond Bar where these would be permitted; there
would be a maximum 30 -bed limit established on the facilities; there are
separate requirements so there could not be any two shelters closer to
each other than 300 feet; there would have to be at least 50 square feet of
living area per person in the building exclusive of common areas; typically
the stay in emergency shelters is limited to six months in any one-year
period; there are standards for lighting, security, parking, storage and
proximity to transit stops; and, there is a requirement that the operator
submit a management plan to the city for review by the Community
Development Director and the Sheriff's Department. The management
plan would include things like house rules, communications with the city,
communications with law enforcement in case of any problems, how to
address potential impacts on surrounding properties, loitering and
security, etc. So the city has a fair amount of control through the
management plan as to how these facilities would be operated.
Mr. Douglas explained that the third item on the list is "SRO -Single Room
Occupancy", which are very small apartments intended for occupancy by
one or two low income persons. Because the units are very small they
could be very inexpensive compared to standard apartments. The
regulations would allow these with a conditional use permit in the Light
Industrial zone so these items would come to the Planning Commission
for review and approval and conditions could be applied to the permits.
These units would have a minimum size of 150 square feet and a
maximum of 375 square feet, whereas, a typical one -bedroom apartment
might be in the range of 500 to 700 square feet. These SRO's would be
required to have onsite 24-hour management on duty at all times. A
APRIL 23, 2013 PAGE 7 PLANNING COMMISSION
management plan would be required establishing rules, security
procedures, etc. These units may provide kitchen facilities within the units
or common kitchen facilities, laundry facilities on premises, restrooms with
each unit being required to have toilets and sinks but larger restroom
facilities and showers that could be shared at the discretion of the
sponsor. There is also a requirement that these facilities be within
proximity to rail or bus stops. The key difference is that a conditional use
permit is required for these types of facilities in contrast to the emergency
shelters and transitional/supportive units.
Mr. Douglas stated that density bonus is called out by state law and if a
developer wants affordable units within their project, cities must grant
them density bonus and other incentives. The density bonus is based on
a sliding scale depending on what percentage of affordable units and what
level of affordability (very low income, low income, etc) and the sliding
scale would allow up to a 35 percent density increase depending on the
percentage of affordable units with the maximum being 35 percent. For
many years the maximum was 25 percent and when the density bonus
law was amended, it was increased to 35 percent to create a greater
incentive for production of affordable housing. Mr. Douglas offered that
state law also allows options for land donation so if a developer wanted to
carve out a portion of a property and donate it to the city for use so that
the city would then work with a non-profit developer to build affordable
housing, the person donating the land could also get a density bonus on
the remainder of the project. Another provision regarding childcare
facilities was added to the law so that if a developer wanted to include a
childcare facility they could get a corresponding increase in the number of
units to compensate them for using up land for the childcare facility that
they might otherwise use for residential units. The state density bonus
law, in its latest iteration, also includes required parking ratios that are
typically less than what cities require in terms of parking if the developer
requests it. So, if the developer submits a project that meets the minimum
standards for density bonus and request parking ratios for the project, the
city must approve those. These ratios are typically lower for these units
under the theory that people of lower income own fewer cars or are more
likely to use buses, etc.
Mr. Douglas concluded that after tonight's meeting this ordinance would
have to go to the City Council for final review and approval.
C/Lin said that regardless of whether there is vacant land that is zoned
Light Industrial, can an existing building in the zone be converted to
housing of this type and Mr. Douglas said C/Lin was correct that this
would be a permitted use within that zoning district. C/Lin referred -to two
APRIL 23, 2013 PAGE 8 PLANNING COMMISSION
attachments, both of which refer to Exhibit A and when one reads
Exhibit A it basically speaks to emergency housing and single room
housing but nowhere does Exhibit A refer to Transitional or Supportive so
where does the documentation make reference to Transitional Housing.
Mr. Douglas responded that Exhibit A is attached to the General Plan
Amendment Resolution and so the Transitional and Supportive Ordinance
does not require any change to the General Plan because those are
residential uses and under state law they are permitted in any residential
zone and so the General Plan can already support Transitional and
Supportive without an amendment.
ACA/Eggart further explained that there are two separate resolutions
because there are two separate actions required, the first being a General
Plan Amendment which refers to Exhibit A which is on the last page of
Attachment 2 and the second resolution is for approval of the Zoning Code
Amendments and the Exhibit A reference is the multiple page document in
the Commission's packet.
VC/Torng asked where Diamond Bar's Light Industrial zone lies.
CDD/Gubman responded that most of the Light Industrial zoned property
would be in the vicinity of Brea Canyon Road so if proceeding southerly on
Golden Springs Drive one would turn right on Brea Canyon Road or
proceed to Lemon Avenue for a right turn, go under the freeway and on
the left side would be one of the Light Industrial areas. Within that general
area would be the concentration of Light Industrial zoned properties.
VC/Torng asked why there is no environmental impact report attachment
and whether the city was allowed to give special dispensation for the
owner/operator to ignore the environmental impact report. Mr. Douglas
responded that these items are amendments to the General Plan and
Municipal Code which require review under CEQA so staff reviewed the
proposed ordinances and prepared the Negative Declaration which goes
through all of the environmental topics to decide whether these ordinances
could have any significant effect on the environment and the conclusion
was that none of these actions would have any significant environmental
effect and so when that is the case, the appropriate document is the
Negative Declaration.
Chair/Nelson asked for clarification of the statement contained in staffs
report that states "this procedure would affirm as to its mandate that
Transitional and Supportive Housing shall be treated as a residential use
subject only to the same requirements as other residential uses of the
same type in the same zone." He asked for verification that this does not
conflict with the City's Development Code that states "one family per
APRIL 23, 2013 PAGE 9 PLANNING COMMISSION
residence." CDD/Gubman said that the Chair/Nelson was correct that if it
is Transitional/Supportive Housing property in the single family zone, it is
restricted to a single housekeeping unit whether individuals are related or
unrelated. Chair/Nelson asked why the city would change its parking
requirements. CDD/Gubman stated that Transitional/Supportive Housing
is a category that needs to be looked at separately and is defined as being
in a single family dwelling, it is one family/one family unit which is subject
to all of the development standards of the single family home. The only
distinction that makes it a transitional housing unit versus the single family
home next door is that it is being managed by a non-profit agency that is
providing for the family that is in the financial circumstance that requires
that type of aid. Chair/Nelson asked if this resolution gives the non-profit
an exception to the number of parking units in the garage and
CDD/Gubman reiterated not for Transitional/Supportive Housing.
Chair/Nelson asked what would happen if 100 beds were needed if
portions of Diamond Bar had to be evacuated for fire, earthquake or other
reasons if there is a limit of 30 beds. The Diamond Bar High School
gymnasium can accommodate more than 30 beds and is this ordinance
saying they cannot accommodate more than 30. Mr. Douglas responded
that this ordinance refers to "permanent year-round facilities" and not
temporary facilities in the event of a disaster.
Chair/Nelson asked for confirmation that this discussion does NOT include
halfway houses and CDD/Gubman responded "correct."
Chair/Nelson asked if this would NOT apply to maternity homes as are
being discovered in Hacienda Heights, Rowland Heights and Chino Hills
and CDD/Gubman responded "correct." CDD/Gubman said that staff
believes maternity homes or maternity hotels fall under the definition of
boarding house. The City has a definition for boarding house in its
Municipal Code. Boarding houses are prohibited in single family zone
areas so a maternity home that is operating in a single family dwelling or
in a single family zone would be interpreted to be a "boarding house."
There are multiple rental agreements for long-term accommodations made
for these individuals, which all fits within the scope of the definition of what
a boarding house is and would not be permitted within the single family
zones. This ordinance does not make any provisions to accommodate
them and is silent on them because the City has regulations on boarding
houses on the books already.
Chair/Nelson asked if the Ordinance could specifically exclude maternity
houses/hotels so that there is no possible interpretation or lawsuit.
ACA/Eggart responded that the type of commercial facility that has been
APRIL 23, 2013 PAGE 10 PLANNING COMMISSION
found to exist in those other cities is commercial in nature. Transitional
supportive housing is generally non-commercial in nature and simply
would not fit within that definition and the City would never consider them
to fit within that definition. The Development Code does not contain any
definition for maternity housing so to make such an addition, the City
would have to come up with a specific definition about what that would be.
Chair/Nelson is suggesting that staff do so for future adoption by the City
Council and he believes it is appropriate. It does not hurt to safeguard the
City's code. VC/•Torng said he is confused about the issue as well.
C/Lin said he felt the definition was very clear and said he agreed with the
City Attorney. Does state law say the city has to designate these types of
houses within the Light Industrial District or can they be designated in
other zones? Mr. Douglas responded that state law allows cities to
determine the appropriate zone and it does not specify that Light Industrial
is the only place. C/Lin said that Industrial zoning is appropriately for
industrial use. A couple of years ago the City designated the area by
DRHS for affordable housing and would seem to him to be a more
appropriate location for dwelling units of this nature rather than the Light
Industrial zoning. SP/Lee stated that when staff researched the
appropriate zones for these types of facilities it looked at proximity to
several major transit stops and currently in the industrial areas of the city,
there are no heavy manufacturing uses and the uses are primarily light
industrial such as offices and warehouse uses. There is a public
elementary school and two mobile home parks in close proximity to the
Metrolink station, as well as several major bus routes, which is how staff
reached its recommendation for the industrial zone to be the appropriate
area for these types of facilities.
Chair/Nelson opened the public hearing.
With no one present who wished to speak on this matter, Chair/Nelson
closed the public hearing.
VC/Torng moved, C/Lin seconded, to recommend City Council adoption of
amendments to Title 22 of the Diamond Bar Municipal Code
("Development Code") and related amendment to the Land Use Category
of the General Plan Land Use Element — Planning Case No. PL2012-513.
Chair/Nelson asked that the motion be amended to include that despite
the fact that staff feels it is not necessary, he would like to include as an
example parenthetically or as a footnote or however appropriate, the
exclusion of halfway houses and maternity homes as part of this
amendment.
APRIL 23, 2013 PAGE 11 PLANNING COMMISSION
ACA/Eggart asked if Chair/Nelson was specifically referring to Transitional
and Supportive Housing or to Emergency Shelters as well and
Chair/Nelson responded Transitional and Supportive Housing.
ACA/Eggart said that the Chair/Nelson could propose specific language to
the proposed ordinance that he wanted to recommend to the City Council.
If that is done, staff may want to continue the item to vet the item to make
certain it reads as intended. The Commission could approve it as is to the
City Council with a recommendation that staff bring the issue up to Council
and look for ways to add the language to the ordinance by providing
examples. If the Commission wanted to proceed with the matter this
evening those would be the options. Otherwise, staff would have to go
back to see if language could be added so that the city would be in
compliance with the law. Chair/Nelson said that subject to his colleague's
agreement he was okay with the option to let the City Council deal with the
issue; however, he wanted to go on record as having it be something he
would like to be made crystal clear. VC/Torng said he would support
Chair/Nelson. C/Lin said he would not support an additional amendment
because he felt the resolution was clear.
VC/Torng asked that the motion be adopted as presented with
Chair/Nelson's concerns stated. ACA/Eggart pointed out that the General
Plan Amendment requires all three commissioners present to vote Aye.
The Development Code Amendment requires two Aye votes. If there is an
issue the Commission may want to split the two resolutions into two
motions. There is a motion on the table to approve "as is" which will have
to be dispensed and if it fails, address the motion to approve as the Chair
suggested.
CDD/Gubman offered that to help move this forward he asked the
Commission to refer to Exhibit A of the first resolution, the ordinance,
Section 7 - definitions associated with the ordinance, there are definitions
for Supportive Housing and Transitional Housing and the language of
those definitions in the last sentence is similar. "For example, Transitional
Housing shall be considered a residential use subject to the same
standards as other similar residential uses in the same zone based upon
predominant characteristics of the use." At the direction of the
Commission, staff could add a final sentence to read that "Transitional
Housing and Supportive Housing as defined above does not apply to
Group Homes, Parolee Probationary Housing, Birthing Hotels, etc."
Chair/Nelson concurred.
VC/Torng withdrew his original motion and C/Lin withdrew his second of
the original motion.
APRIL 23, 2013 PAGE 12 PLANNING COMMISSION
VC/Torng moved to adopt the resolution recommending City Council
adoption of amendments to Title 22 of the Diamond Bar Municipal Code
("Development Code") and related amendment to the Land Use Category
of the General Plan Land Use Element — Planning Case No. PL2012-513
with the addition of a sentence at the end of Section 7 of the ordinance
which lists defined items to which the ordinance does not apply, as
heretofore stated by CDD/Gubman.
C/Lin objected to deferring the crafting of the language to staff without
prior review by the Commission.
Motion died for lack of second.
CDD Gubman suggested adding the following sentence to each definition:
"Supportive/Transitional housing does not include halfway houses or
maternity hotels operated as a business. All of the commissioners
indicated acceptance of this language.
VC/Torng offered a substitute motion to adopt a resolution recommending
to the City Council adoption of the Negative Declaration and approval of
an amendment to the land use element of the City's General Plan to
accommodate the need for Emergency Shelter and Single Room
Occupancy (SRO) Housing in the I (Light Industrial) Land Use category of
the General Plan. C/Lin seconded the substitute motion. Motion carried
by the following roll call vote:
AYES:
COMMISSIONERS:
NOES:
COMMISSIONERS:
ABSENT:
COMMISSIONERS:
Lin, VC/Torng, Chair/Nelson
None
Farago, Shah
VC/Torng moved, C/Lin seconded, to recommend City Council adoption of
the Development Code Amendment with the addition to Section 7 of the
following sentences to the definitions for supportive and transitional
housing: "Supportive housing does not include halfway houses or
maternity hotels operated as a business. Transitional housing does not
include halfway houses or maternity hotels operated as a business."
Motion carried by the following Roll Call vote:
AYES: COMMISSIONERS: Lin, VC/Torng, Chair/Nelson
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: Farago, Shah
8. PLANNING COMMISSION CONSIDERATION: None
APRIL 23, 2013 PAGE 13 PLANNING COMMISSION
9. PLANNING COMMISSIONER COMMENTS/INFORMATIONAL ITEMS: None
10. STAFF COMMENTS/INFORMATIONAL ITEMS:
10.1 Public Hearing dates for future projects.
CDD/Gubman stated that the two continued items from this evening are
the only two items currently scheduled for the May 14, 2013, meeting.
11. SCHEDULE OF FUTURE EVENTS:
As listed in tonight's agenda.
ADJOURNMENT: With no further business before the Planning Commission,
Chairman Nelson adjourned the regular meeting at 8:07 p.m.
The foregoing minutes are hereby approved this 14th day of May, 2013.
Attest:
Respectfully Submitted,
Greg Gubman
Community Development Director
teve Nelson, Chai man
CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
6- 4
�1leetiag Dale: June 4112, 20/
AGENDA REPORT
FROM: James DeStefano, City Man g%--
TITLE: Ratification of Check Register dated May 16, 2013 through May 29, 2013
totaling $ 1,229,734.31.
RECOMMENDATION:
Ratify.
FINANCIAL IMPACT:
Expenditure of $ 1,229,734.31 in City funds.
BACKGROUND:
The City has established the policy of issuing accounts payable checks on a weekly
basis with City Council ratification at the next scheduled City Council meeting.
DISCUSSION:
The attached check register containing checks dated May 16, 2013 through May 29,
2013 for $ 1,229,734.31 is being presented for ratification. All payments have been
made in compliance with the City's purchasing policies and procedures. Payments
have been reviewed and approved by the appropriate departmental staff and the
attached Affidavit affirms that the check register has been audited and deemed accurate
by the Finance Director.
PREPARED BY:
Luisa Fua
Accounting Technician
REVIEWED BY:
&�'c e
Finance Director
Attachments: Affidavit and Check Register — 05/16/13 through 05/29/13.
CITY OF DIAMOND BAR
CHECK REGISTER AFFIDAVIT
The attached listings of demands, invoices, and claims in the form of a check register
including checks dated May 16, 2013 through May 29, 2013 has been audited and is
certified as accurate. Payments have been allowed from the following funds in these
amounts:
Descriptic
General Fund
Com Org Support Fund
Prop A - Transit Fund
Prop C - Transit Tax Fund
Integrated Waste Mgt Fund
Com Dev Block Grant Fund
LLAD 38 Fund
LLAD 41 Fund
Signed:
Dianna Honeywell
Finance Director
Amount
$1,159,555.57
$250.00
$53,091.41
$5,871.08
$10,169.82
$594.61
$152.11
$49.71
$1,229,734,31
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CITY COUNCIL
�7C�tnt���
98
TO: Honorable Mayor and Members of the City Council
VIA: James DeStefano, City Mana
TITLE: Treasurer's Statement —April 2013
RECOMMENDATION:
Approve the April 2013 Treasurer's Statement.
FINANCIAL IMPACT:
No Fiscal Impact
BACKGROUND:
Agenda #
Meeting Date
6.4
Jun 4, 2013
AGENDA REPORT
Per City policy, the Finance Department presents the monthly Treasurer's Statement for the City
Council's 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 the investments. All
investments have been made in accordance with the City's Investment Policy.
PREPARED BY:
Susan Full, Senior Accountant
REVIEWED BY:
L l
Finance Director
Attachments:
Treasurer's Statement, Investment Portfolio Report
CT&I
Assistant City M nager
CITY OF DIAMOND BAR - CITY TREASURER'S REPORT
CASH BALANCE AS OF APRIL 30, 2013
BEGINNING CASH BALANCE
CASH RECEIVED
Cash Receipts
$3,127,198.80
$23,033,824.47
Total Cash Received
$3,127,198.80
$26,161,02127
EXPENDITURES
Checks Written
($1,344,655.45)
Payroll Transfers
(360,693.01)
Wire Transfers
0.00
Returned Checks
(207.92)
Charge Card Fees & Other Adjustments
(3,867.40)
Total Expenditures
($1,709,423.78)
CASH BALANCE AS OF: April 30, 2013
$24,451,599.49
TOTAL CASH BREAKDOWN
Active Funds
General Account
($29,590.85)
Payroll Account
$41,648.76
Change Fund
$1,000.00
Petty Cash Account
$500.00
Cash With Fiscal Agent
$0.18
Unamortized Discount on Investments
$3,153.95
Total Active Funds
$16,712.04
Investment Funds:
Local Agency Investment Fund
$11,540,158.20
Corporate Notes
$749,479.51
Federal Agency Callable
$5,497,893.90
Negotiable CDs
$5,206,472.64
US Treasury Money Market Account
$1,440,883.20
Total Investment Funds
$24,434,887.45
CASH BALANCE AS OF: April 30, 2013 $24,451,599.49
Average Yield to Maturity 0.628%
FY2012-13 Year -To -Date Interest Earnings $137,839.50
FY2012-13 Budgeted Annual Interest Earnings $189,600.00
CITY OF DIAMOND BAR
INVESTMENT PORTFOLIO SUMMARY REPORT
for the Month of April 2013
PERCENT OF DAYS TO
INVESTMENTS BOOK VALUE PORTFOLIO TERM MATURITY YIELD TO MATURITY
Local Agency Investment Fund
$11,540,158.20
47.23%
1
1
0.264
Corporate Notes
$749,479.51
3.07%
931
910
1.277
Federal Agency Issues - Callable
$5,497,893.90
22.50%
1,634
740
0.823
Negotiable CD's - Bank
$5,206,472.64
21.31%
1,348
924
1.305
Wells Fargo Sweep Account
$1,440,883.20
5.90%
1
1
0.010
Sub -total Investments and Averages $24,434,887.45 100.00% 684 392 0.628
TOTALS
TOTAL INTEREST EARNED
5nne
am eStefa
Treasurer
Date
$24,434,887.45 100.00% N/A N/A N/A
MONTH ENDING
April 30, 2013
$12,799.07
FISCAL YEAR-TO-DATE
2012-13
$137,839.50
I certify that this report accurately reflects all City pooled investments
and is in conformity with the investment policy of the City of Diamond Bar
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.
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CITY COUNCIL
Agenda # 6.5 a , b , c
Meeting Date: June 4, 2013
AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
VIA: James DeStefano, City Ma
TITLE: ADOPTION OF RESOLUTI S PERTAINING TO GENERAL
MUNICIPAL ELECTION TO BE HELD NOVEMBER 5, 2013.
SUMMARY:
Pursuant to the California Elections Code, the City Council must adopt resolutions
calling and giving notice of the holding of an election and requesting the Board of
Supervisors to consolidate the City's election with School Elections on November 5,
2013.
By consolidating the City's election with the School Election, the Los Angeles County
Registrar/Recorder's Office will handle all aspects of running the election, thereby
relieving the City of having to obtain polling workers, mailing out sample ballots,
absentee ballots as well as canvassing the election results.
RECOMMENDATION:
It is recommended that the City Council adopt the following Resolutions:
1. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR,
CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL
MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2013, FOR THE
ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE
LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES.
2. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR,
CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF
LOS ANGELES TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE
HELD ON NOVEMBER 5, 2013, WITH THE SCHOOL ELECTIONS TO BE HELD ON
THE DATE PURSUANT TO §10403 OF THE ELECTIONS CODE.
3. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR,
CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE
OFFICE PERTAINING TO CANDIDATES STATEMENTS SUBMITTED TO THE
VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2013.
FINANCIAL SUMMARY:
Staff has estimated that total costs for the election will be approximately $140,000 and
this amount has been included in the Fiscal Year 2013-14 budget.
DISCUSSION:
With the adoption of these resolutions, the City Council will approve conducting an
election in November 5, 2013 for the selection of three (3) City Council members. The
City Council seats for the election are currently held by Council Member Ling -Ling
Chang, Council Member Ron Everett and Council Member Steve Tye. There are no
term limits in Diamond Bar so all current Council members can run for re-election if they
so desire.
PREPARED BY:
s
TommyWbritVins, City Clerk
Attachments:
Reviewed by:
C120
David Doyle, Asst. City Manager
1. RESOLUTION NO. 2013 -XX CALLING AND GIVING NOTICE OF THE
HOLDING OF A GENERAL MUNICIPAL ELECTION;
2. RESOLUTION NO. 2013 -XX REQUESTING THE BOARD OF
SUPERVISORS TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION
WITH SCHOOL ELECTIONS;
3. RESOLUTION NO. 2013 -XX: ADOPTING REGULATIONS FOR
CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES
STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE
HELD ON TUESDAY, NOVEMBER 5, 2013.
RESOLUTION NO. 2013 — XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR,
CALIFORNIA, CALLING FOR THE HOLDING OF A GENERAL MUNICIPAL
ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2013, FOR THE ELECTION
OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF
THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES
WHEREAS, under the provisions of the laws relating to general law cities in the
State of California, a General Municipal Election shall be held on November 5, 2013, for
the election of Municipal Officers..
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR,
CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS
FOLLOWS:
SECTION 1. That pursuant to the requirements of the laws of the State of
California relating to General Law Cities, there is called and ordered to be held in the
City of Diamond Bar, California, on Tuesday, November 5, 2013, a General Municipal
Election for the purpose of electing three (3) Members of the City Council for the full
term of four years;
SECTION 2. That the ballots to be used at the election shall be in form and
content as required by law.
SECTION 3. That the City Clerk is authorized, instructed and directed to procure
and furnish any and all official ballots, notices, printed matter and all supplies,
equipment and paraphernalia that may be necessary in order to properly and lawfully
conduct the election.
SECTION 4. That the polls for the election shall be opened at seven o'clock a.m.
of the day of the election and shall remain open continuously from that time until eight
o'clock p.m. of the same day when the polls shall be closed, pursuant to Election Code
in §10242, except as provided in §14401 of the Elections Code of the State of
California.
SECTION 5. That in all particulars not recited in this resolution, the election shall
be held and conducted as provided by law for holding municipal elections.
SECTION 6. That notice of the time and place of holding the election is given
and the City Clerk is authorized, instructed and directed to give further or additional
notice of the election, in time, form and manner as required by law.
SECTION 7. That the City Clerk shall certify to the passage and adoption of this
Resolution and enter it into the book of original Resolutions.
SECTION 8. The City Council authorizes the City Clerk to administer said
election and all reasonable and actual election expenses shall be paid by the City upon
presentation of a properly submitted bill.
PASSED, APPROVED AND ADOPTED on day of 2013.
Jack Tanaka, Mayor
I, TOMMYE A. CRIBBINS, City Clerk of the City of Diamond Bar, do hereby
certify that the foregoing Resolution was passed, approved and adopted at a regular
meeting of the City Council of the City of Diamond Bar held on the day of June,
2013, by the following Roll Call Vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
Tommye A. Cribbins, City Clerk
RESOLUTION NO. 2013 -XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR,
CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF
LOS ANGELES TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE
HELD ON NOVEMBER 5, 2013, WITH THE SCHOOL ELECTION TO BE HELD ON
THE DATE PURSUANT TO §10403 OF THE ELECTIONS CODE
WHEREAS, the City Council of the City of Diamond Bar called a Municipal
Election to be held on November 5, 2013, for the purpose of the election of three (3)
Members of the City Council; and,
WHEREAS, It is desirable that the General Municipal Election be consolidated
with the School Election to be held on the same date and that within the City the
precincts, polling places and election officers of the two elections be the same, and that
the County Election Department of the County of Los Angeles canvass the returns of
the General Municipal Election and that the election be held in all respects as if there
were only one election.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR
DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. That pursuant to the requirements of §10403 of the Elections Code,
the Board of Supervisors of the County of Los Angeles is hereby requested to consent
and agree to the consolidation of a General Municipal Election with the School Election
on Tuesday, November 5, 2013, for the purpose of the election of three Members of the
City Council
SECTION 2. That the County Election Department is authorized to canvass the
returns of the General Municipal Election. The election shall be held in all respects as if
there were only one election, and only one form of ballot shall be used.
SECTION 3. That the Board of Supervisors is requested to issue instructions to
the County Election Department to take any and all steps necessary for the holding of
the consolidated election.
SECTION 4. That the City of Diamond Bar recognizes that additional costs will
be incurred by the County by reason of this consolidation and agrees to reimburse the
County for any costs.
SECTION 5. That the City Clerk is hereby directed to file a certified copy of this
resolution with the Board of Supervisors and the County Election Department of the
County of Los Angeles.
SECTION 6. That the City Clerk shall certify to the passage and adoption of this
resolution and enter it into the book of original resolutions.
PASSED, APPROVED AND ADOPTED on
day of , 2013.
Jack Tanaka, Mayor
I, TOMMYE A. CRIBBINS, City Clerk of the City of Diamond Bar, does hereby
certify that the foregoing Resolution was passed, approved and adopted at a regular
meeting of the City Council of the City of Diamond Bar held on the day of
, 2013, by the following Roll Call Vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
Tommye Cribbins, City Clerk
RESOLUTION NO. 2013 -XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR,
CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE
OFFICE PERTAINING TO CANDIDATES STATEMENTS SUBMITTED TO THE
VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, NOVEMBERS, 2013
WHEREAS, §13307 of the Elections Code of the State of California provides that
the governing body of any local agency adopt regulations pertaining to materials
prepared by any candidate for a municipal election, including costs of the candidates
statement.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR,
CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS
FOLLOWS:
SECTION 1. General Provisions. That pursuant to §13307 of the Elections
Code of the State of California, each candidate for elective office to be voted for at an
Election to be held in the City of Diamond Bar on November 5, 2013 may prepare a
candidate's statement on an appropriate form provided by the City Clerk. The
statement may include the name, age and occupation of the candidate and a brief
description of no more than 200 words of the candidate's education and qualifications
expressed by the candidate himself or herself. The statement shall not include party
affiliation of the candidate, nor membership or activity in partisan political organizations.
The Statement shall be filed in typewritten form in the office of the City Clerk at the time
the candidate's nomination papers are filed. The statement may be withdrawn, but not
changed, during the period for filing nomination papers and until 5:30 p.m. of the next
working day after the close of the nomination period.
SECTION 2. Foreign Language Policy.
A. Pursuant to the Federal Voting Rights Act, candidates' statements will
be translated into all languages required by the County of Los Angeles in to the
following languages: Spanish and other translations as required by the Federal Voting
Rights Act.
B. Pursuant to State Law the candidates statement must be translated
and printed (in the voter's pamphlet) in any language at the candidates request.
C. All translations shall be provided by court -certified translators provided
by the County of Los Angeles.
D. The County will print and mail sample ballots and candidates
statements to only those voters who are on the County voter file as having requested a
sample ballot in a particular language. The County will make the sample ballots and
candidates statements in the required languages available at all polling places, on the
County's website, and in the Election Official's office.
SECTION 3. Payment.
A. The candidate shall not be required to pay for the cost of translating
the candidate's statement into any required foreign language as specified in A of
Section 2 above pursuant to Federal and/or State Law.
B. The Candidate shall be required to pay for the cost of printing the
candidates' statement in English and any translation and printing of foreign languages
requested pursuant to B of Section 2 above in the main voter pamphlet.
The City Clerk shall estimate the total cost of printing, handling, translating and mailing
the candidate's statements filed pursuant to this section, including costs incurred as a
result of complying with the Voting Rights Act of 1965 (as amended), and require each
candidate filing a statement to pay in advance to the local agency his or her estimated
pro rata share as a condition of having his or her statement included in the voter's
pamphlet. In the event the estimated payment is required, the estimate is just an
approximation of the actual cost that varies from one election to another election and
may be significantly more or less than the estimate, depending on the actual number of
candidates filing statements. Accordingly, the clerk is not bound by the estimate and
may, on a pro rata basis, bill the candidate for additional actual expense or refund any
excess paid depending on the final actual cost. In the event of underpayment, the clerk
may require the candidate to pay the balance of the cost incurred. In the event of
overpayment, the clerk shall prorate the excess amount among the candidates and
refund the excess amount paid within 30 days of the election.
SECTION 4. Additional Materials. No candidate will be permitted to include
additional materials in the sample ballot package.
SECTION 5. That the City Clerk shall allow bold type, underlining, capitalization,
indentions, bullets and/or leading hyphens to the same extent and manner as allowed in
previous Diamond Bar elections. The City Clerk shall comply with all recommendations
and standards set forth by the California Secretary of State regarding occupational
designations and other matters relating to elections.
SECTION 6. That the City Clerk shall provide each candidate or the candidate's
representative a copy of this Resolution at the time nominating petitions are issued.
SECTION 7. That all previous resolutions establishing Council policy on
payment for candidates' statements are repealed.
SECTION 8. This resolution shall apply only to the election to be held on
November 5, 2013, and shall then be repealed.
SECTION 9. That the City Clerk shall certify to the passage and adoption of this
resolution and enter it into the book of original resolutions.
2013.
PASSED, APPROVED AND ADOPTED on day of
Jack Tanaka, Mayor
I, TOMMYE A. CRIBBINS, City Clerk of the City of Diamond Bar, do hereby certify that
the foregoing Resolution was passed, approved and adopted at a regular meeting of the
City Council of the City of Diamond Bar held on the day of 2013,
by the following Roll Call Vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
Tommye A. Cribbins, City Clerk
Agenda # 6. 6
Meeting Date: June 4, 2013
CITY COUNCIL <aR y AGENDA REPORT
�798q�
TO: Honorable Mayor and Members of the City Council
FROM: James DeStefano, City Mn r
TITLE: Adjourn July 2, 2013 City Counci Meeting to July 16, 2013.
RECOMMENDATION: Approve.
BACKGROUND: It has been suggested that the Council consider the cancellation of the City
Council Meeting scheduled for July 2, 2013. There will be no pressing matters or public hearings
scheduled and therefore adjourning the meeting will not cause the City any hardship.
Should the City Council concur, it is recommended that the Mayor, at the end of the June 18, 2013
City Council Meeting adjourn said Council Meeting to July 16, 2013.
Prep by:
Tommye Cribbins, City Clerk
TW
CITY COUNCIL
Agenda # 6.7(a)
Meeting Date: 6/04/13
AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
FROM: James DeStefano, City Manae'
TITLE: APPROVAL OF AMENDMENT #3 O THE VENDOR SERVICES CONTRACT WITH D.H.
MAINTENANCE SERVICES TO PROVIDE JANITORIAL AND BUILDING MAINTENANCE
SERVICES AT THE LIBRARY AND CITY HALL FOR THE TERM OF JULY 1, 2013 TO
JUNE 30, 2014 IN THE AMOUNT NOT TO EXCEED $78,000.
RECOMMENDATION: Approve.
FINANCIAL IMPACT: Approval of Amendment #3 will authorize staff to expend up to $78,000 for
Janitorial and Building Maintenance Services at the Library and City Hall during the 2013/14 fiscal year.
$78,000 in funding is included in the adopted 2013/14 FY budget.
BACKGROUND: On June 21, 2011, the City Council extended the contract with D.H. Maintenance
Services to provide janitorial services in Diamond Bar through June 30, 2014, On December 6, 2011,
the contract was amended to add City Hall to their contract. On June 19, 2012, the contract was further
amended to add the Library to their contract. Staff believes D.H. Maintenance Services is doing an
excellent job providing these services and that the janitorial services agreement for City Hall and the
Library should be extended for another year.
DISCUSSION: The summary of services in Amendment #3 that will be performed by D.H. Maintenance
Services, if approved by the City Council, are:
Regular monthly service six days/week for the new Library =
($1,200 per month for 12 months)
$21,600
2. Building Maintenance staffing at new Library & City Hall six days/week for 8 hrs/day = $37,200
($3,100 per mo. for 1 staff @ 48 hrs/wk for 12 months)
3. Regular monthly service five days /week at City Hall $19,200
($ 1,600 per month for 12 months)
GRAND TOTAL FOR AMENDMENT #3 FOR FY 2013/14 NOT -TO -EXCEED $78,000
Amendment #3 provides for the maintenance of City Hall and the Library for the 2013/14 FY
PREPARED AND REVIEWED BY:
Director of Community Services
Attachments: Amendment #3 dated June 4, 2013
Revised Exhibit "C" dated 6/4/13
Janitorial & Building Maintenance Services Agreement dated 6/21/11
for term of 7/1 /11 to 6/30/14
AMENDMENT #3 TO AGREEMENT
THIS AMENDMENT #3 TO MAINTENANCE SERVICES AGREEMENT is made this 4r" day of June, 2013 by and
between the CITY OF DIAMOND BAR, a municipal corporation of the State of California ("CITY") and D.H.
MAINTENANCE SERVICES ("CONTRACTOR").
Recitals:
a. CONTRACTOR entered into a 3 Year AGREEMENT with CITY on June 21, 2011 ("the
AGREEMENT") to provide Janitorial and Building Maintenance Services at the Diamond Bar
Center, Heritage Park Community Center and Pantera Park Activity Room in the City of Diamond
Bar.
b. Amendment #1 was approved on December 6, 2011 to add the new City Hall building, located at
21810 Copley Drive, to Section 1, Contractor's Services, for the term of January 3 to June 30,
2012.
C. Amendment #2 was approved on June 19, 2012 to add the new Library, located at 21800 Copley
Drive, to Section 1, Contractor's Services, for the term of July 1, 2012 to June 30, 2013.
d. Parties desire to amend the AGREEMENT to extend the term for one year, July 1, 2013 to June
30, 2014.
Now, therefore, the parties agree to amend the AGREEMENT as follows:
Section 1 — Contractor's Services for the remaining term of the AGREEMENT (July 1, 2013 to June 30,
2014) shall include City Hall and the Library Building as provided in Exhibit "C".
Section 2 — Compensation of AGREEMENT provided in Section 4 and detailed in Exhibit "C" shall not
exceed $78,000 for City Hall and the Library, nor exceed $268,832 annually for the total contract.
Compensation Schedule attached hereto as Exhibit "C" and incorporated herein by reference.
Except as provided above, the AGREEMENT is in all other respects in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT #3 TO AGREEMENT on the date
and year first written above.
ATTEST:
CITY OF DIAMOND BAR
A Municipal Corporation
of the State of California
Signed
Jack Tanaka
Mayor
APPROVED TO FORM
City Attorney
D.H. Maintenance Services
Contractor
Signed
Title
City Clerk
EXHIBIT "C" — AMENDMENT #3
PRESENTED TO THE CITY COUNCIL 6/4/13
EFFECTIVE 7/1/13 — 6/30/14
JANITORIAL AND BUILDING MAINTENANCE SERVICES AT THE
CITY HALL & LIBRARY BUILDING AT 21810 COPLEY DRIVE IN DIAMOND BAR, CA
Contract services to be extended during the 2013/14 fiscal year for D.H. Maintenance Services:
1. Regular monthly Service 5 days/week for City Hall — 12 months @ $1,600 per mo. _ $19,200
2. Regular monthly Service six days/week for Library/1St Floor City Uses = $21,600
(12 mos. @ $1,800 per month)
3. Building Maintenance staffing at City Hall & Library six days/week for 8/hrs/day $37,200
($3,100 per mo. for 1 staff @ 48 hrs/wk for 12 months)
TOTAL FOR AMENDMENT #3 FOR FY 2013/14 NOT -TO -EXCEED $78,000
JANITORIAL AND BUILDING MAINTENANCE SERVICES AT THE
DIAMOND BAR CENTER, HERITAGE PARK COMMUNITY CENTER AND THE
PANTERA PARK ACTIVITY ROOM
COMPENSATION SCHEDULE FOR
CONTRACT PERIOD OF
JULY 1, 2013 THROUGH JUNE 30, 2014
Contract services for 7/1/13 to 6/30/14 FY for D.H. Maintenance Services authorized by the City Council
on 6/21/11:
1. Regular monthly Service for Diamond Bar Center — 12 mos. @ $2,407.83 per mo. _ $28,894
(Includes High Cleaning)
2. Building Maintenance staffing at Diamond Bar Center seven days per week = $118,116
($9,843 per mo. for 4 staff @ 40 hrs/wk)
3. Regular monthly Service for Heritage Park Com Center — 12 mos. @ $481.67 per mo. = $5,780
(Service seven days per week)
4. Regular monthly Service for Pantera Activity Room — 12 mos. @ $253.50 per mo. $3,042
(Service five days per week) Sub -Total: $155,832
5. Staff assistance as requested by City staff for events and activities @ $14.00 per hr = $35,000
TOTAL FOR DBC, HERITAGE & PANTERA FOR FY 2013/14 NOT -TO -EXCEED $190,832
GRAND TOTAL INCLUDING AMENDMENT #3 FOR FY 2013/14 NOT -TO -EXCEED $268,832
MAINTENANCE SERVICES AGREEMENT FOR
JANITORIAL AND BUILDING MAINTENANCE AT THE DIAMOND BAR CENTER, HERITAGE PARK
COMMUNITY CENTER AND THE PANTERA PARK ACTIVITY ROOM
THIS AGREEMENT is made as of June 21, 2011 by and between the City of Diamond Bar, a
municipal corporation ("City") and D.H. Maintenance Services ("Contractor"),
RECITALS
A. City desires to utilize the services of Contractor as an independent contractor to provide city-
wide tree maintenance services.
B. Contractor represents that it is fully qualified to perform such services by virtue of its
experience and the training; education and expertise of its principals and employees.
NOW, THEREFORE, in consideration of performance by the parties of the covenants and conditions
herein contained, the parties hereto agree as follows:
1. Contractor's Services. Contractor shall furnish all necessary labor, tools, materials,
appliances, and equipment for and do the work for Janitorial and Buildinq Maintenance Services at
the Diamond Bar Center Heritage Park Community Center and the Pantera Park Activity Room in
the City of Diamond Bar. The work to be performed shall be in accordance with the Specifications
dated July 1, 2004,
2. Incorporated Documents To Be Considered Complementary. The Specifications (Exhibit
"A") are incorporated herein by reference and made a part hereof with like force and effect as if set forth
in full herein. The Specifications, CONTRACTOR'S Proposal dated March 28, 2011 (Exhibit "B"),
together with this written agreement, shall constitute the contract between the parties. Should it be
ascertained that any inconsistency exists between the aforesaid documents and this Agreement, the
provisions of this Agreement shall control.
3. Term of Agreement. This Contract and unit prices shall take effect July 1, 2011, and
remain in effect, unless earlier terminated pursuant to the provisions of Section 13 or Section 14 B
herein, until June 30, 2014. This Agreement may be extended as set forth in Section 14.
4. Compensation. City shall pay to the Contractor for furnishing all material and doing the
prescribed work an annual amount not to exceed the grand total of One Hundred Fifty -Five Thousand
Eight Hundred Thirty -Two Dollars ($155,832) in accordance with the unit rates set forth in the
Compensation Schedule attached hereto as Exhibit "C" and incorporated herein by reference. Payment
will be made only after submission of proper invoices in the form specified by City.
5. Addresses
City: James DeStefano, City Manager Contractor: George Wallis, Owner
City of Diamond Bar D.H. Maintenance Services
21825 Copley Drive 2320 Back Nine Street
Diamond Bar, CA 91765-4178 Oceanside, CA 92056
6. 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. 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 time, or in any manner, represent that it or any of its agents or employees
are in any manner agents or employees of City.
B. 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 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, 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 the workers' compensation law 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. 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 arising under this Section 6;
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, South Coast Air Quality Management District, and California Air
Resources Board. Contractor further agrees to indemnify and hold City harmless from any failure of
Contractor to comply with the requirements in this Section 6. Additionally, the City shall have the right to
offset against the amount of any fees due to Contractor under this Agreement for any amount or penalty
levied against the City for Contractor's failure to comply with this Section 6.
7. 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.
S. Indemnification. Contractor shall indemnify, defend with counsel approved by City, and
hold harmless City, its officers, officials, employees and volunteers from and against ail 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 Contractor's negligence,
recklessness or willful misconduct in the performance of work hereunder or its failure to comply with any
of its obligations contained in this Agreement, except such loss or damage which is caused by the sole
active negligence or willful misconduct of the City (meaning that Contractor shall indemnify and defend
City notwithstanding any alleged or actual passive negligence of City which may have contributed to the
claims, damages, costs or liability). 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 Contractor shall
promptly pay any final judgment rendered against the City (and its officers, officials, 'employees and
volunteers) with respect to claims determined by a trier of fact to have been the result of the Contractor's
negligence, recklessness or willful misconduct. It is expressly understood and agreed that the foregoing
provisions are intended to be as broad and inclusive as is permitted by the law of the State of California
and will survive termination of this Agreement.
9, insurance. Contractor shall at all times during the term of this Agreement carry, maintain,
and keep in full force and effect, with an insurance company authorized to do business in the State of
California and approved by the City (1) a policy or policies of broad -form comprehensive general liability
insurance with minimum limits of $1,000,000.00 combined single limit coverage against any injury,
death, loss or damage as a result of wrongful or negligent acts by 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; (3) automotive liability insurance, with
minimum combined single limits coverage of $500,000.00; (4) worker's compensation insurance with a
minimum limit of $500,000.00 or the amount required by law, whichever is greater. City, its officers,
employees, attorneys, and volunteers shall be named as additional insured on the policy(ies) as to
comprehensive general liability, property damage, and automotive liability. The policy(ies) as to
comprehensive general liability, property damage, and automobile liability shall provide that they are
primary, and that any insurance maintained by the City shall be excess insurance only.
A. All insurance policies shall provide that the insurance coverage
shall not be non -renewed, canceled, reduced, or otherwise modified (except through the addition of
additional insured to the policy) by the insurance carrier without the insurance carrier giving City thirty
(30) day's prior written notice thereof. Contractor agrees that it will not cancel, reduce or otherwise
modify the insurance coverage.
B. All policies of insurance shall cover the obligations of Contractor
pursuant to the terms of this Agreement; shall be issued by an insurance company which is authorized
to do business in the State of California or which is approved in writing by the City; and shall be placed
with a current A.M. Best's rating of no less that A VII.
C. Contractor shall submit to City (1) insurance certificates indicating
compliance with the minimum worker's compensation insurance requirements above, and (2) insurance
policy endorsements indicating compliance with all other minimum insurance requirements above, not
less than one (1) day prior to beginning of performance under this Agreement. Endorsements shall be
executed on City's appropriate standard forms entitled "Additional Insured Endorsement", or a
substantially similar form which the City has agreed in writing to accept..
D. 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.
10. Confidentiality. Contractor in the course of its duties may have access to confidential
data of City, private individuals, or employees of the City. Contractor covenants that all data,
documents, discussion, or other information developed or received by Contractor or provided for
performance of this Agreement are deemed confidential and shall not be disclosed by Contractor without
written authorization by City. City shall grant such authorization if disclosure is required by law. All City
data shall be returned to City upon the termination of this Agreement. Contractor's covenant under this
section shall survive the termination of this Agreement. Notwithstanding the foregoing, to the extent
Contractor prepares reports of a proprietary nature specifically for and in connection with certain
projects, the City shall not, except with Contractor's prior written consent, use the same for other
unrelated projects.
11. Ownership of Materials. All materials provided by Contractor in the performance of this
Agreement shall be and remain the property of City without restriction or limitation upon its use or
dissemination by City. Contractor may, however, make and retain such copies of said documents and
materials as Contractor may desire.
12. Conflict of Interest.
A. Contractor covenants that it presently has no interest and shall not acquire any
interest, direct or indirect, which may be affected by the services to be performed by Contractor under
this Agreement, or which would conflict in any manner with the performance of its services hereunder.
Contractor further covenants that, in performance of this Agreement, no person having any such interest
shall be employed by it. Furthermore, Contractor shall avoid the appearance of having any interest
which would conflict in any manner with the performance of its services pursuant to this Agreement.
B. Contractor covenants not to give or receive any compensation, monetary or
otherwise, to or from the ultimate vendor(s) of hardware or software to City as a result of the
performance of this Agreement. Contractor's covenant under this section shall survive the termination of
this Agreement.
13. 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.
14. Extension Options. .
A. The City Council shall have the option to extend this Agreement for no more than one
year, as set forth in Section 14. C., subject to the same terms and conditions contained herein, by giving
Contractor written notice of exercise of this option to renew at least thirty (30) days prior to the expiration
of the initial term of this Agreement, or of any additional one (1) year or multiple year extensions.
B. The City Council shall also have the option to extend this Agreement for a multiple
year period (up to three years), if the contractor agrees to waive its opportunity to receive a CPI
increase during the entire extension period. If this option is selected, Contractor obtains the right to
terminate the contract after each year of the multiple year period, with 180 days written notice to the
City. The City shall retain its right to terminate this Agreement, without cause, with 30 days written
notice to the Contractor, per section 13, above. City shall provide Contractor written notice of exercise
of this option to renew at least thirty (30) days prior to the expiration of the initial term of this Agreement,
or of any additional one (1) year or multiple year extensions.
C. In the event the City Council exercises its option to extend the term of this Agreement
for one or more additional one year periods as set forth in Section 14. A., the Contractor's unit prices
shall be subject to adjustment at the commencement of the extended term and annually thereafter ("the
adjustment date") as follows:
Any increase in compensation will be negotiated between the City and the contractor, with the
limits being no increase to a maximum of the cost of living.
The increase, if any, will be calculated with reference to cost of living during the previous year. If
the increase is approved by the City Council, the increase will be calculated by adding the
Contractor's monthly compensation, the. amount, if any, obtained by multiplying the contractor's
compensation as of the adjustment date by the percentage by which the Consumer Price Index
("GPI") for the Los Angeles -Anaheim -Riverside metropolitan area for the month immediately
preceding the Adjustment Date (the "Index Month") reported by the Bureau of Labor Statistics of
the United States Department of Labor, has increased over the CPI for the month one year prior
to the Index Month. If the Index is discontinued, the Director's office shall, at its discretion,
substitute for the Index such other similar index as it may deem appropriate.
15. 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.
16. 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 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.
17. 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.
18. Compliance with Laws. Contractor shall comply with all applicable laws, ordinances,
codes and regulations of the federal, state, and local governments.
19. 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.
20. Mediation. Any dispute or controversy arising under this Agreement, or in connection with
any of the terms and conditions hereof, shall be referred by the parties hereto for mediation. A third
party, neutral mediation service shall be selected, as agreed upon by the parties and the costs and
expenses thereof shall be borne equally by the parties hereto. In the event the parties are unable to
mutually agree upon the mediator to be selected hereunder, the City Council shall select such a neutral,
third party mediation service and the City Council's decision shall be final. The parties agree to utilize
their good faith efforts to resolve any such dispute or controversy so submitted to mediation. It is
specifically understood and agreed by the parties hereto that referral of any such dispute or controversy,
and mutual good faith efforts to resolve the same thereby, shall be conditions precedent to the institution
of any action or proceeding, whether at law or in equity with respect to any such dispute or controversy.
21. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be
deemed received on (a) the day of delivery if delivered by hand during regular business hours or by
facsimile before or during regular business hours; or (b) on the third business day following deposit in
the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to
such other addresses as the parties may, from time to time, designate in writing pursuant to the
provisions of this section.
22. Governing Law. This Contract shall be interpreted, construed and enforced in
accordance with the laws of the State of California.
23. Counterparts. This Agreement may be executed in any number of counterparts, each of
which shall be deemed to be the original, and all of which together shall constitute one and the same
instrument.
24. Records and Audits. The Contractor shall maintain accounts and records, including
personnel, property and financial records, adequate to identify and account for all costs pertaining to this
Agreement and such other records as may be deemed necessary by the City to assure proper
accounting. These records will be made available for audit purposes to the City or any authorized
representative, and will be retained five years after final payments are issued and other pending matters
are closed.
25. Entire Agreement. This Agreement, and any other documents incorporated herein by
specific 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 the
City Manager or the Mayor and attested by the City Clerk.
26. Exhibits. All exhibits referred to in this Agreement are incorporated herein by this
reference.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written
above
"City"
ATTEST: %
By: ` 1'% ism �'—
TommyE Cribloins;.City Clerk
as t� form:
"Contractor"
By
ns,
TITLE
CITY OF DIAMOND BAR
By: -
Steve e, Mayor
Contractor's Business Phone 760. 72-1-O tGVb
Emergency Phone 740, VW S/9-9235
at which Contractor can be reached at any time.
CITY COUNCIL
Agenda # 6.7 (b)
Meeting Date: 6/04/13
AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
VIA: James DeStefano, City Ma(!A
TITLE: APPROVAL OF AMENDMENT # TO CONTRACT WITH WEST COAST ARBORISTS
FOR CITY-WIDE TREE MAINTENANCE AND WATERING SERVICES IN THE CITY
OF DIAMOND BAR FOR THE 2013/14 FISCAL YEAR IN THE AMOUNT NOT TO
EXCEED $201,300.
RECOMMENDATION: Approve.
FINANCIAL IMPACT: Funds totaling $201,300 for this contract are included in the adopted 2013/14
fiscal year budget, per the following breakdown:
Tree Maintenance - 5 year cycle
$107,405
Area 1 & LLAD #39 — 2,652 trees
LLAD #41 Slopes (Trim trees over a 5 -year period)
$6,580
Service Requests and As Needed Work
$7,345
Emergency Call Out Services
$3,105
Arborist Inspections
$5,380
Tree Planting
$11,380
Tree/Stump Removals/Replacements for
$23,375
Sidewalk Repairs and Pro -Active Risk Management
Remove and Replace 16 Stone Pines on
$14,280
Morning Canyon Road
Remove Dead Alders/Eucs at Pathfinder Slope
$5,380
(Remove trees over a 5 -year period)
Tree Watering
$17,070
Total
$201,300
BACKGROUND: On June 7, 2011, the City Council awarded a contract to West Coast Arborists for
city-wide tree maintenance services for the 2011/12 FY. The City Council approved amendment #2
on June 19, 2012 to extend the contract for the 2012/13 FY. Section 14 of the agreement authorizes
the City Council to extend the agreement if doing so is deemed to be in the best interest of the City.
Staff believes West Coast Arborists has done an excellent job maintaining the City's trees. West
Coast Arborists has agreed to the one-year contract extension with a 1.3% CPI increase to the unit
prices. The unit prices for the 2013/14 FY are provided in Attachment A of Amendment #3. This
extension includes the quantity of trees necessary to accomplish the City's standard of a five-year
trimming cycle for all City trees. Please note that even though unit prices will increase 1.3%, the
overall cost will go down. This is because the area trim has fewer trees compared to last year (2,652
trees compared to 3,357 trees).
DISCUSSION: The Tree Maintenance Services contract includes the following services in Diamond
Bar: tree -trimming, tree planting, tree and stump removal, emergency work and watering of trees
along the major arterials not serviced by irrigation systems. The contract also provides for an
automatic up -date of the City's tree inventory as services are performed. Services are provided in the
following areas of the city: along the major boulevards, medians & parkways, residential
neighborhoods, lighting and landscape maintenance districts and City Parks. West Coast Arborists
has provided tree maintenance services in Diamond Bar for over 20 years.
Attachments:
Amendment #3 to Agreement dated June 4, 2013.
Unit Prices for the 2013/14 FY that includes a 1.3% CPI increase.
Letter from West Coast Arborists dated 4/22/13 agreeing to a one-year contract extension with a
1.3% CPI increase.
Tree Maintenance Services Agreement dated June 7, 2011.
PREPARED & REVIEWED BY:
B ` Rose
Community Services Director
AMENDMENT #3
TO TREE MAINTENANCE SERVICES AGREEMENT
THIS CONTRACT AMENDMENT #3 is made this 4th day of June, 2013 by and between the CITY OF
DIAMOND BAR, a municipal corporation of the State of California ("CITY') and WEST COAST
ARBORISTS, INC, ("CONTRACTOR")
Recitals:
a. CITY awarded a contract to CONTRACTOR for City-wide Tree Maintenance Services
on June 7, 2011 in the amount of $181,700 for the period of July 1, 2011 — June 30,
2012 (the AGREEMENT).
b. Amendment #1 to the AGREEMENT was approved on March 6, 2012 to add $30,000 to
the AGREEMENT for a total authorized amount not to exceed $211,700 for the 2011/12
FY.
C. Amendment #2 to the AGREEMENT was approved on June 19, 2012 in the amount of
$215,685 for the period of July 1, 2012 through June 30, 2013.
d. Parties desire to amend the AGREEMENT to extend the term from July 1, 2013 through
June 30, 2014 at the amount not to exceed $201,300.
Now, therefore, the parties agree to amend the AGREEMENT as follows:
Section 1 — Term of the AGREEMENT provided in Section 3 is amended to extend the term
from July 1, 2013 through June 30, 2014.
Section 2 — Contract price of AGREEMENT provided in Section 4 is amended to a not to
exceed amount of $201,300 for the 2013/14 FY.
Except as provided above, the AGREEMENT is in all other respects in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT #3 TO AGREEMENT
on the date and year first written above.
ATTEST:
CITY OF DIAMOND BAR
A Municipal Corporation
of the State of California
Signed
Jack Tanaka
Title: Mayor
APPROVED TO FORM:
City Attorney
WEST COAST ARBORISTS, INC.
Contractor
Signed
Title
City Clerk
Tree Care Professionals Sevin., Communities Who Care.4bont Trees
ATTACHMENT A
www.WCAINC.coni
it iamond Bar
Proposed Price Schedule for Fiscal Year 2013/2014
Tree Maintenance Services
Proposed'
Current
Prices
for
Item Description
Unit
Prices
2013-2014
1
Annual Tree Trimming
Each
$ 4000
$
40.50
2
Service Request Trimming 0-6" dsh
Each
$
40.00
$
40.50
3
Service Request Trimming 7-16" dsh
Each
$
74.20
$
75.15
4
Service Request Trimming 17-24" dsh
Each
$
80.10
$
81.15
5
Service Request Trimming 25-36" dsh
Each
$
190.00
$
192.50
6
Service Request Trimming over 37" dsh
Each
$
195.40
$
197.95
7
Coco Palm Trimming
Each
$
40.00
$
40.50
8
Fan Palm Trimming
Each
$
40.00
$
40.50
9
Date Palm Trimming
Each
$
138.00
$
139.80
10
Tree and Stump Removal under 36" dsh
Inch
$
16.50
$
16.70
11
Tree and Stump Removal over 36" dsh
Inch
$
23.00
$
23.30
12
Stump Only Removal
Inch
$
5.75
$
5.80
13
Plant 15 gallon tree
Each
$
102.00
$
103.30
14
Plant 24" Box tree
Each
$
205.50
$
208.20
15
Plant 36" Box tree
Each
$
747.50
$
757.20
16
Crew Rental - 3 -man crew
Hourly
$
159.00
$
161.10
17
Crew Rental - 2 -man crew
Hourly
$
106.00
$
107.40
18
Crew Rental - 1 -man crew
Hourly
$
53.00
$
53.70
19
Emergency Crew Rental
Hourly
$
229.35
$
232.35
20
Watering
Day
$
345.00
$
349.50
21
GPS Tree Inventory
Per tree site
$
2.30
$
2.35
22
Slope Tree Pruning
Hourly
$
159.00.
$
161.10
The proposed prices reflect a price increase by 1.3% based on the Consumer Price Index
(CPI) for the LA -Orange -Riverside region established by the US Labor Department.
The current prices have been in effect since July 1, 2011.
Tree Care Professionals Serving Communities [Vho Care About Trees
April 22, 2013
City of Diamond Bar
ATTN: Bob Rose
21810 Copley Drive
Diamond Bar, CA 91765-4177
RE: Tree Maintenance Agreement - Fiscal Year 2013-2014
Dear Mr. Rose,
www.WCAINC.com
West Coast Arborists, Inc. (WCA) and the City of Diamond Bar have forged a very productive
and cohesive working relationship. Together our organizations have endured both good and
bad times with the ever fluctuating economy of our state and country. Despite current
economic trends; the integrity, health and preservation of Diamond Bar's urban forest remains
our common goal.
As a result of the economy, we agreed to hold the unit prices since 2011 and forego any
request for a cost adjustment. By maintaining these rates, we hoped to have ease the City's
financial strain, promote contractor stability and guarantee residents with quality tree care &
customer service. However, like in most mobile industries, we are faced with increasing
operating costs including labor, insurance and fuel. As a result, we respectfully request a slight
cost adjustment based on the Consumer Price Index for the Los Angeles -Orange -Riverside
region (March to March.) Attached for your review is our proposed Schedule of Compensation
for FY 2013-2014.
We appreciate your consideration in this matter and look forward to continuing a successful
business relationship with the City of Diamond Bar. Should you have any questions or require
additional information, please do not hesitate to call me at (800) 521-3714.
Sincerely,
Victor M. Gonzalez
Vice President- Direcr of Marketing
MAINTENANCE SERVICES AGREEMENT FOR
TREE MAINTENANCE SERVICES
THIS AGREEMENT is made as of `c 62—, 7 2011 by and between the City of Diamond
Bar, a municipal corporation ("City") and Vilest Coast Arborists ("Contractor").
RECITALS
A. City desires to utilize the services of Contractor as an independent contractor to provide
city-wide tree maintenance services.
B. Contractor represents that it is fully qualified to perform such services by virtue of its
experience and the training, education and expertise of its principals and employees.
NOW, THEREFORE, in consideration of performance by the parties of the covenants and conditions
herein contained, the parties hereto agree as follows:
1. Contractor's Services. Contractor shall furnish all necessary labor, tools, materials,
appliances, and equipment for and do the work for Tree Maintenance Services in the City of Diamond
Bar. The work to be performed shall be in accordance with the Request For Proposals (RFP) dated
April 28, 2011.
2. Incorporated Documents To Be Considered Complementary. The RFP (Exhibit "A") is
incorporated herein by reference and made a part hereof with like force and effect as if set forth in full
herein. The RFP, CONTRACTOR'S Proposal dated May 18, 2011 (Exhibit "B"), together with this
written agreement, shall constitute the contract between the parties. Should it be ascertained that
any inconsistency exists between the aforesaid documents and this Agreement, the provisions of this
Agreement shall control.
3. Term of Agreement. This Contract and unit prices shall take effect July 1, 2011, and
remain in effect, unless earlier terminated pursuant to the provisions of Section 13 herein, until June
30, 2012. This Agreement may be extended as set forth in Section 14.
4. Compensation. City shall pay to the Contractor for furnishing all material and doing the
prescribed work an amount not to exceed the grand total of one hundred eighty-one thousand,
seven hundred dollars ($181,700.00) in accordance with the unit rates set forth in the
Compensation Schedule attached hereto as Exhibit °C" and incorporated herein by reference.
Payment will be made only after submission of proper invoices in the form specified by City.
5. Addresses.
City: James DeStefano, City Manager Contractor: West Coast Aborists, Inc.
City of Diamond Bar 2200 E. Via Burton Street
21825 Copley Drive Anaheim, CA 92806
Diamond Bar, CA 91765-4178
6. 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. 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 time, or in any manner, represent that it or any of its agents
or employees are in any manner agents or employees of City.
B. 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 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, 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 the workers' compensation law 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. 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 arising under this Section 6,
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, South Coast Air Quality Management District, and
California Air Resources Board. Contractor further agrees to indemnify and hold City harmless from
any failure of Contractor to comply with the requirements in this Section 6. Additionally, the City shall
have the right to offset against the amount of any fees due to Contractor under this Agreement for
any amount or penalty levied against the City for Contractor's failure to comply with this Section 6.
7. 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.
8. Indemnification. Contractor shall indemnify, defend with counsel approved by City,
and hold harmless City, its officers, officials, employees and volunteers from and against all liability,
loss, damage, expense, cost (including without limitation reasonable attorneys fees, expert fees and
all other costs and fees of litigation) of every nature arising out of or in connection with Contractor's
negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to
comply with any of its obligations contained in this Agreement, except such loss or damage which is
caused by the sole active negligence or willful misconduct of the City (meaning that Contractor shall
indemnify and defend City notwithstanding any alleged or actual passive negligence of City which
may have contributed to the claims, damages, costs or liability). 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 Contractor shall promptly pay any final judgment rendered against the City (and
its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to
have been the result of the Contractor's negligence, recklessness or willful misconduct. It is expressly
understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is
permitted by the law of the State of California and will survive termination of this Agreement.
9. Insurance. Contractor shall at all times during the term of this Agreement carry,
maintain, and keep in full force and effect, with an insurance company authorized to do business in
the State of California and approved by the City (1) a policy or policies of broad -form comprehensive
general liability insurance with minimum limits of $1,000,000.00 combined single limit coverage
against any injury, death, loss or damage as a result of wrongful or negligent acts by 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; (3) automotive
liability insurance, with minimum combined single limits coverage of $500,000.00; (4) worker's
compensation insurance with a minimum limit of $500,000.00 or the amount required by law,
whichever is greater. City, its officers, employees, attorneys, and volunteers shall be named as
additional insured on the policy(ies) as to comprehensive general liability, property damage, and
automotive liability. The policy(ies) as to comprehensive general liability, property damage, and
automobile liability shall provide that they are primary, and that any insurance maintained by the City
shall be excess insurance only.
A. All insurance policies shall provide that the insurance coverage
shall not be non -renewed, canceled, reduced, or otherwise modified (except through the addition of
additional insured to the policy) by the insurance carrier without the insurance carrier giving City thirty
(30) day's prior written notice thereof. Contractor agrees that it will not cancel, reduce or otherwise
modify the insurance coverage.
B. All policies of insurance shall cover the obligations of Contractor
pursuant to the terms of this Agreement; shall be issued by an insurance company which is
authorized to do business in the State of California or which is approved in writing by the City; and
shall be placed with a current A.M. Best's rating of no less that A VII.
C. Contractor shall submit to City (1) insurance certificates indicating
compliance with the minimum worker's compensation insurance requirements above, and (2)
insurance policy endorsements indicating compliance with all other minimum insurance requirements
above, not less than one (1) day prior to beginning of performance under this Agreement.
Endorsements shall be executed on City's appropriate standard forms entitled "Additional Insured
Endorsement", or a substantially similar form which the City has agreed in writing to accept.
D. 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.
1®. Confidentiality. Contractor in the course of its duties may have access to confidential
data of City, private individuals, or employees of the City. Contractor covenants that all data,
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documents, discussion, or other information developed or received by Contractor or provided for
performance of this Agreement are deemed confidential and shall not be disclosed by Contractor
without written authorization by City. City shall grant such authorization if disclosure is required by
law. All City data shall be returned to City upon the termination of this Agreement. Contractor's
covenant under this section shall survive the termination of this Agreement. Notwithstanding the
foregoing, to the extent Contractor prepares reports of a proprietary nature specifically for and in
connection with certain projects, the City shall not, except with Contractor's prior written consent, use
the same for other unrelated projects.
11. Ownership of Materials. All materials provided by Contractor in the performance of
this Agreement shall be and remain the property of City without restriction or limitation upon its use or
dissemination by City. Contractor may, however, make and retain such copies of said documents
and materials as Contractor may desire.
12. Conflict of Interest.
A. Contractor covenants that it presently has no interest and shall not acquire any
interest, direct or indirect, which may be affected by the services to be performed by Contractor under
this Agreement, or which would conflict in any manner with the performance of its services hereunder.
Contractor further covenants that, in performance of this Agreement, no person having any such
interest shall be employed by it. Furthermore, Contractor shall avoid the appearance of having any
interest which would conflict in any manner with the performance of its services pursuant to this
Agreement.
B. Contractor covenants not to give or receive any compensation, monetary or
otherwise, to or from the ultimate vendor(s) of hardware or software to City as a result of the
performance of this Agreement. Contractor's covenant under this section shall survive the
termination of this Agreement.
13. 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.
14. Extension Option. The City Council shall have the option to extend this Agreement up to
six (6) additional one (1) year periods, subject to the same terms and conditions contained herein, by
giving Contractor written notice of exercise of this option to renew at least thirty (30) days prior to the
expiration of the initial term of this Agreement, or of any additional one (1) year extensions.
In the event the City Council exercises its option to extend the term of this Agreement for one or more
additional one year periods, the Contractor's unit prices shall be subject to adjustment at the
commencement of the extended term and annually thereafter ("the adjustment date") as follows:
Any increase in compensation will be negotiated between the City and the contractor, with the
limits being no increase to a maximum of the cost of living.
The increase, if any, will be calculated with reference to cost of living during the previous year.
If the increase is approved by the City Council, the increase will be calculated by adding the
Contractor's monthly compensation, the amount, if any, obtained by multiplying the contractor's
compensation as of the adjustment date by the percentage by which the Consumer Price
4
Index ("CPI") for the Los Angeles -Anaheim -Riverside metropolitan area for the month
immediately preceding the Adjustment Date (the "Index Month") reported by the Bureau of
Labor Statistics of the United States Department of Labor, has increased over the CPI for the
month one year prior to the Inde: Month. If the Index is discontinued, the Director's office
shall, at its discretion, substitute for the Index such other similar index as it may deem
appropriate.
15. 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.
16. 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
City Clerk of the City of Diamond Bar, 21825 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.
17. 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
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.
5
18. 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.
19. Compliance with Laws. Contractor shall comply with all applicable laws, ordinances,
codes and regulations of the federal, state, and local governments.
20. Ilton -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.
21. Mediation. Any dispute or controversy arising under this Agreement, or in connection
with any of the tenrs and conditions hereof, shall be referred by the parties hereto for mediation. A
third party, neutral mediation service shall be selected, as agreed upon by the parties and the costs
and expenses thereof shall be borne equally by the parties hereto. In the event the parties are
unable to mutually agree upon the mediator to be selected hereunder, the City Council shall select
such a neutral, third party mediation service and the City Council's decision shall be final. The parties
agree to utilize their good faith efforts to resolve any such dispute or controversy so submitted to
mediation. It is specifically understood and agreed by the parties hereto that referral of any such
dispute or controversy, and mutual good faith efforts to resolve the same thereby, shall be conditions
precedent to the institution of any action or proceeding, whether at law or in equity with respect to any
such dispute or controversy.
22. 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.
23. Governing Law. This Contract shall be interpreted, construed and enforced in
accordance with the laws of the State of California.
24. 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.
25. Records and Audits. The Contractor shall maintain accounts and records, including
personnel, property and financial records, adequate to identify and account for all costs pertaining to
this Agreement and such other records as may be deemed necessary by the City to assure proper
accounting. These records will be made available for audit purposes to the City or any authorized
representative, and will be retained five years after final payments are issued and other pending
matters are closed.
26. Entire Agreement. This Agreement, and any other documents incorporated herein by
specific reference, represent the entire and integrated agreement between Contractor and City. This
6
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 the City Manager or the Mayor and attested by the City Clerk.
27. Exhibits. All exhibits referred to in this Agreement are incorporated herein by this
reference.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.
"City"
ATTEST:
By:
Tommy-- ribb'ns, City;,Clerk
` r
>I Jenkins, Caty orney
TITLE
CITY OF MOND BAR
By: —
ve Tye, ayor
State of California "CONTRACTOR'S" License No. 366764
CONTRACTOR'S Business Phone (714) 991-1900
Emergency Phone (866) LIMB -DOWN OR (866)546-2369
at which CONTRACTOR can be reached at any time.
CITY COUNCIL
Agenda #
Meeting Date: 06/04/13
AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
VIA: James DeStefano, City Mana
TITLE: APPROVAL OF AMENDMENT #2 O EXTEND THE AGREEMENT WITH EXCEL
LANDSCAPE FOR LANDSCAPE MAINTENANCE SERVICES AT LIGHTING AND
LANDSCAPE MAINTENANCE DISTRICTS #38, #39, AND #41, AND WASHINGTON
PARK FOR THE 2013/14 AND 2014/15 FISCAL YEARS IN THE ANNUAL AMOUNT
OF $333,575; PLUS A CONTINGENCY AMOUNT EACH YEAR NOT TO EXCEED
$27,000 FOR AS -NEEDED WORK, FOR A TOTAL ANNUAL AUTHORIZATION OF
$360,575.
Recommendation: Approve.
Financial Impact: Funds for this agreement are included in the adopted 2013/14 FY budget.
Background: On July 1, 2002, the City Council awarded a contract to Excel Landscape for
landscape maintenance services at nine (9) specific locations in Diamond Bar for an amount not to
exceed $24,000 for the 2002/03 fiscal year. During the next eight years, the contract term was
extended and maintenance service locations were added. The most recent addition to the contract
was the maintenance of Washington Park, the City's newest park. This addition, approved by the City
Council on July 17, 2012, increased the contract amount to $333,575. Parties desire to extend the
contract for two years at the same contract amount for each year. Section 14B of the agreement with
Excel Landscape authorizes the City Council to extend the term of the agreement for two years when
no CPI increase is sought by the contractor.
Discussion: Staff is seeking to extend the contract with Excel Landscape for a two year period, July
1, 2013 through June 30, 2015 for an annual contract amount of $333,575. Staff is also seeking
approval for up to $27,000 each fiscal year in case staff has to assign as -needed work to this
contractor in the districts or Washington Park. The type of as -needed work normally performed is
related to irrigation repairs and landscape replacement. This results in a total annual authorization
amount not to exceed $360,575. There will be no CPI increases during the two year period, just as
there were no CPI increases for this agreement the past four years.
The areas that are included in this contract for the period of July 1, 2013 through June 30, 2015 to be
maintained by Excel Landscape are:
Lighting and Landscape Maintenance District #38
Lighting and Landscape Maintenance District #39
Lighting and Landscape Maintenance District #41
Washington Park, 21208 Washington Street
Maintenance specifications for the three districts and Washington Park are on file in the City Clerk's
office.
Attachments: Amendment #2 to Agreement
Proposal from Excel Landscape dated April 10, 2013 confirming their offer of a
two-year agreement with no CPI increase.
Maintenance Services Agreement dated June 21, 2011.
PREPARED AND REVIEWED BY
Bob"R6se -
Community Services Director
Y
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ft
y�M
r 'Ilk
Bob"R6se -
Community Services Director
AMENDMENT #2 TO AGREEMENT
THIS CONTRACT AMENDMENT is made this 4th day of June, 2013 by and between the CITY OF DIAMOND BAR, a
municipal corporation of the State of California ("CITY') and EXCEL LANDSCAPE, ("CONTRACTOR")
Recitals:
a. CONTRACTOR entered into a two year AGREEMENT with CITY effective July 1, 2011 ("the AGREEMENT') for
Landscape Maintenance at locations listed in Exhibit A in the amount of $329,675 per year.
b. Amendment #1 to AGREEMENT was approved by the City Council on July 17, 2012 to add the maintenance of
Washington Park to the scope of work and to increase the amount by $3,900 per year for a total annual amount of
$333,575.
c. Parties desire to amend the AGREEMENT to extend the term of the agreement for two years, July 1, 2013
to June 30, 2015 for the total annual amount of $333,575.
Now, therefore, the parties agree to amend the AGREEMENT as follows:
Section 1 — Term of AGREEMENT provided in Section 3 is amended by extending the term for two years, July 1,
2013 to June 30, 2015.
Section 2 — Compensation of AGREEMENT provided in Section 4 shall remain $333,575 annually.
Except as provided above, the AGREEMENT is in all other respects in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT #2 TO AGREEMENT on the date and year
first written above.
ATTEST:
CITY OF DIAMOND BAR
A Municipal Corporation
Of the State of California
Signed
Jack Tanaka
Title: Mayor
APPROVED TO FORM:
City Attorney
EXCEL LANDSCAPE
Contractor
Signed
Title
City Clerk
Exhibit A — Location & Compensation Schedule
Excel Landscape
Landscape Maintenance Locations per
District maps provided in the City-wide Landscape Maintenance Specifications,
as amended on 5/18/10 and on file in the City Clerk's Office.
Cost Break-out Per Location for the 2013/14 and 2014/15 Fiscal Years:
13/14 & 14/15
FY Contract
Contractor Amounts
1. Lighting and Landscape Maintenance District #38: Excel $140,617.00
$11,718.08/mo.
2. Lighting and Landscape Maintenance District #39: Excel $139,331.63
$11,610.97/mo.
3. Lighting and Landscape Maintenance District #41: Excel $49,726.37
$4,143.86/mo.
4. Washington Park, 21208 Washington Street: Excel $3,900.00
$325.00/mo.
Total Contract Amount for items 1 thru 4 above: $333,575.00
$27,797.91 /mo.
Total Authorization:
2013/14 Contract Amount: 2014/15 Contract Amount: $333,575
2014/15 As -Needed Work: 27,000
2014/15 FY Authorization: $360,575
$333,575
2013/14 As -Needed Work:
27,000
2013/14 FY Authorization:
$360,575
LANDSCAPE
ry710 Rimpau08 o Corana,
(951) 735-9650 a Fax: (951) 735-0469 ® Lic. # 694553
April 10, 2013
City of Diamond Bar
Attn: Bob Rose
21825 E. Copley Dr.
Diamond Bar, CA 91765-4178
Re: Landscape Maintenance Contract
This letter is to confirm our interest in extending our current maintenance
agreement for services for Specific Land Maintenance Districts. We are willing to
extend for the two year period as outlined in section 28.04 of the specifications.
We look forward to the opportunity to continue providing services to your city.
Please call to discuss or if you have any questions.
Sincerely,
kAlfaro
oPresident
JA:dap
CC: Anthony Jordan
MAINTENANCE SERVICES AGREEMENT FOR
LIGHTING AND LANDSCAPE MAINTENANCE DISTRICTS #38, #39 & #41
THIS AGREEMENT is made as of June 21 2011 by and between the City of Diamond Bar, a
municipal corporation ('City") and Excel Landscape ("Contractor"),
RECITALS
A. City desires to utilize the services of Contractor as an independent contractor to provide
city-wide tree maintenance services.
B. Contractor represents that it is fully qualified to perform such services by virtue of its
experience and the training, education and expertise of its principals and employees.
NOW, THEREFORE, in consideration of performance by the parties of the covenants and conditions
herein contained, the parties hereto agree as follows:
1. Contractor's Services. Contractor shall furnish all necessary labor, tools, materials,
appliances, and equipment for and do the work for Lighting and Landscape Maintenance District
Maintenance Services in the City of Diamond Bar. The work to be performed shall be in accordance
with the Specifications dated May 18, 2010.
2. Incorporated Documents To Be Considered Complementary. The Specifications
(Exhibit "A") are incorporated herein by reference and made a part hereof with like force and effect as
if set forth in full herein. The Specifications, CONTRACTOR'S Proposal dated June 7, 2011 (Exhibit
"B"), together with this written agreement, shall constitute the contract between the parties. Should it
be ascertained that any inconsistency exists between the aforesaid documents and this Agreement,
the provisions of this Agreement shall control.
3. Term of Agreement. This Contract and unit prices shall take effect July 1, 2011, and
remain in effect, unless earlier terminated pursuant to the provisions of Section 13 or Section 14 B
herein, until June 30, 2013. This Agreement may be extended as set forth in Section 14.
4. Compensation. City shall pay to the Contractor for furnishing all material and doing the
prescribed work an annual amount not to exceed the grand total of Three Hundred Twenty -Nine
Thousand Six Hundred Seventy -Five Dollars ($329,675) in accordance with the unit rates set forth
in the Compensation Schedule attached hereto as Exhibit "C" and incorporated herein by reference.
Payment will be made only after submission of proper invoices in the form specified by City.
5. Addresses.
City: James DeStefano, City Manager Contractor: Jose Alfaro, President
City of Diamond Bar Excel Landscape
21825 Copley Drive 710 Rimpau Avenue, Suite 108
Diamond Bar, CA 91765-4178 Corona, CA 92879-5724
6. 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. 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 time, or in any manner, represent that it or any of its agents
or employees are in any manner agents or employees of City.
B. 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 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, 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 the workers' compensation law 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. 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 arising under this Section 6.
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, South Coast Air Quality Management District, and
California Air Resources Board. Contractor further agrees to indemnify and hold City harmless from
any failure of Contractor to comply with the requirements in this Section 6. Additionally, the City shall
have the right to offset against the amount of any fees due to Contractor under this Agreement for
any amount or penalty levied against the City for Contractor's failure to comply with this Section 6.
7. 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.
8. Indemnification. Contractor shall indemnify, defend with counsel approved by City,
and hold harmless City, its officers, officials, employees and volunteers from and against all liability,
loss, damage, expense, cost (including without limitation reasonable attorneys fees, expert fees and
all other costs and fees of litigation) of every nature arising out of or in connection with Contractor's
negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to
comply with any of its obligations contained in this Agreement, except such loss or damage which is
caused by the sole active negligence or willful misconduct of the City (meaning that Contractor shall
indemnify and defend City notwithstanding any alleged or actual passive negligence of City which
may have contributed to the claims, damages, costs or liability). 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 Contractor shall promptly pay any final judgment rendered against the City (and
its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to
have been the result of the Contractor's negligence, recklessness or willful misconduct. It is expressly
understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is
permitted by the law of the State of California and will survive termination of this Agreement.
9. Insurance. Contractor shall at all times during the term of this Agreement carry,
maintain, and keep in full force and effect, with an insurance company authorized to do business in
the State of California and approved by the City (1) a policy or policies of broad -form comprehensive
general liability insurance with minimum limits of $1,000,000.00 combined single limit coverage
against any injury, death, loss or damage as a result of wrongful or negligent acts by 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; (3) automotive
liability insurance, with minimum combined single limits coverage of $500,000.00; (4) worker's
compensation insurance with a minimum limit of $500,000.00 or the amount required by law,
whichever is greater. City, its officers, employees, attorneys, and volunteers shall be named as
additional insured on the policy(ies) as to comprehensive general liability, property damage, and
automotive liability. The policy(ies) as to comprehensive general liability, property damage, and
automobile liability shall provide that they are primary, and that any insurance maintained by the City
shall be excess insurance only.
A. All insurance policies shall provide that the insurance coverage
shall not be non -renewed, canceled, reduced, or otherwise modified (except through the addition of
additional insured to the policy) by the insurance carrier without the insurance carrier giving City thirty
(30) day's prior written notice thereof. Contractor agrees that it will not cancel, reduce or otherwise
modify the insurance coverage.
B. All policies of insurance shall cover the obligations of Contractor
pursuant to the terms of this Agreement; shall be issued by an insurance company which is
authorized to do business in the State of California or which is approved in writing by the City; and
shall be placed with a current A.M. Best's rating of no less that A VII.
C. Contractor shall submit to City (1) insurance certificates indicating
compliance with the minimum worker's compensation insurance requirements above, and (2)
insurance policy endorsements indicating compliance with all other minimum insurance requirements
above, not less than one (1) day prior to beginning of performance under this Agreement.
Endorsements shall be executed on City's appropriate standard forms entitled "Additional Insured
Endorsement", or a substantially similar form which the City has agreed in writing to accept.
D. 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.
10. Confidentiality. Contractor in the course of its duties may have access to confidential
data of City, private individuals, or employees of the City. Contractor covenants that all data,
documents, discussion, or other information developed or received by Contractor or provided for
performance of this Agreement are deemed confidential and shall not be disclosed by Contractor
without written authorization by City. City shall grant such authorization if disclosure is required by
law. All City data shall be returned to City upon the termination of this Agreement. Contractor's
covenant under this section shall survive the termination of this Agreement. Notwithstanding the
foregoing, to the extent Contractor prepares reports of a proprietary nature specifically for and in
connection with certain projects, the City shall not, except with Contractor's prior written consent, use
the same for other unrelated projects.
11. Ownership of Materials. All materials provided by Contractor in the performance of
this Agreement shall be and remain the property of City without restriction or limitation upon its use or
dissemination by City. Contractor may, however, make and retain such copies of said documents
and materials as Contractor may desire.
12. Conflict of Interest.
A. Contractor covenants that it presently has no interest and shall not acquire any
interest, direct or indirect, which may be affected by the services to be performed by Contractor under
this Agreement, or which would conflict in any manner with the performance of its services hereunder.
Contractor further covenants that, in performance of this Agreement, no person having any such
interest shall be employed by it. Furthermore, Contractor shall avoid the appearance of having any
interest which would conflict in any manner with the performance of its services pursuant to this
Agreement.
B. Contractor covenants not to give or receive any compensation, monetary or
otherwise, to or from the ultimate vendor(s) of hardware or software to City as a result of the
performance of this Agreement. Contractor's covenant under this section shall survive the
termination of this Agreement.
13. 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.
14. Extension Options.
A. The City Council shall have the option to extend this Agreement for no more than
one year, as set forth in Section 14. C., subject to the same terms and conditions contained herein,
by giving Contractor written notice of exercise of this option to renew at least thirty (30) days prior to
the expiration of the initial term of this Agreement, or of any additional one (1) year or multiple year
extensions.
B. The City Council shall also have the option to extend this Agreement for a multiple
year period (up to three years), if the contractor agrees to waive its opportunity to receive a CPI
increase during the entire extension period. If this option is selected, Contractor obtains the right to
terminate the contract after the first year of the multiple year period, with 180 days written notice to
the City. The City shall retain its right to terminate this Agreement, without cause, with 30 days
written notice to the Contractor, per section 13, above. City shall provide Contractor written notice
of exercise of this option to renew at least thirty (30) days prior to the expiration of the initial term of
this Agreement, or of any additional one (1) year or multiple year extensions.
C. In the event the City Council exercises its option to extend the term of this
Agreement for one or more additional one year periods as set forth in Section 14. A., the Contractor's
unit prices shall be subject to adjustment at the commencement of the extended term and annually
thereafter ("the adjustment date") as follows:
Any increase in compensation will be negotiated between the City and the contractor, with the
limits being no increase to a maximum of the cost of living.
The increase, if any, will be calculated with reference to cost of living during the previous year.
If the increase is approved by the City Council, the increase will be calculated by adding the
Contractor's monthly compensation, the amount, if any, obtained by multiplying the contractor's
compensation as of the adjustment date by the percentage by which the Consumer Price
Index ("CPI") for the Los Angeles -Anaheim -Riverside metropolitan area for the month
immediately preceding the Adjustment Date (the "Index Month") reported by the Bureau of
Labor Statistics of the United States Department of Labor, has increased over the CPI for the
month one year prior to the Index Month. If the Index is discontinued, the Director's office
shall, at its discretion, substitute for the Index such other similar index as it may deem
appropriate.
15. 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.
16. 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
City Clerk of the City of Diamond Bar, 21825 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.
17. 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
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.
18. -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.
19. Compliance with Laws. Contractor shall comply with all applicable laws, ordinances,
codes and regulations of the federal, state, and local governments.
20. 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.
21. Mediation. Any dispute or controversy arising under this Agreement, or in connection
with any of the terms and conditions hereof, shall be referred by the parties hereto for mediation. A
third party, neutral mediation service shall be selected, as agreed upon by the parties and the costs
and expenses thereof shall be borne equally by the parties hereto. In the event the parties are
unable to mutually agree upon the mediator to be selected hereunder, the City Council shall select
such a neutral, third party mediation service and the City Council's decision shall be final. The parties
agree to utilize their good faith efforts to resolve any such dispute or controversy so submitted to
mediation. It is specifically understood and agreed by the parties hereto that referral of any such
dispute or controversy, and mutual good'faith efforts to resolve the same thereby, shall be conditions
precedent to the institution 'of any action or proceeding, whether at law or in equity with respect to any
such dispute or controversy.
22. 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.
23. Governing Law. This Contract shall be interpreted, construed and enforced in
accordance with the laws of the State of California.
24. 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.
25. Records and Audits. The Contractor shall maintain accounts and records, including
personnel, property and financial records, adequate to identify and account for all costs pertaining to
this Agreement and such other records as may be deemed necessary by the City to assure proper
accounting. These records will be made available for audit purposes to the City or any authorized
representative, and will be retained five years after final payments are issued and other pending
matters are closed.
26. Entire Agreement. This Agreement, and any other documents incorporated herein by
specific reference, represent the entire and integrated agreement between Contractor and City. This
Agreement supersedes all prior oral or written negotiations, representations or agreements. This f
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
the City Manager or the Mayor and attested by the City Clerk.
27. Exhibits. All exhibits referred to in this Agreement are incorporated herein by this
reference.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written
above.
"City"
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By:
TITLE
State of California Contractor's License No. 694553.
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Tommye�Ciins, City Clerk
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Steve Tye, May 'r
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at which Contractor can be reached at any -time.
CITY COUNCIL
Agenda # 6 • B
Meeting Date: June 4 2013
AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
VIA: James DeStefano, City Mana er
TITLE: APPROPRIATE GENERAL FUND IN THE AMOUNT OF $44,154, PROP
C FUNDS IN THE AMOUNT OF $49,460, AND MEASURE R FUNDS IN
THE AMOUNT OF $49,418 TO THE CAPITAL IMPROVEMENT PROGRAM
BUDGET FOR FISCAL YEAR 2012-2013; APPROVE RESOLUTION 2013 -
XX APPROVING PLANS AND SPECIFICATIONS AND ESTABLISHING A
PROJECT PAYMENT ACCOUNT; AWARD THE CONSTRUCTION
CONTRACT FOR THE RESIDENTIAL AREA 1B (BOUNDED BY SR57/60
TO THE NORTH, GRAND AVE./DIAMOND BAR BLVD. TO THE SOUTH
AND THE QUAIL SUMMIT NEIGHBORHOOD) AND ARTERIAL ZONE 7
(GOLDEN SPRINGS DRIVE BETWEEN LAVENDER DRIVE AND BREA
CANYON ROAD AND DIAMOND BAR BLVD. BETWEEN BREA CANYON
CUT-OFF AND BREA CANYON ROAD) ROAD MAINTENANCE PROJECT
TO HARDY & HARPER, INC. IN THE AMOUNT OF $1,345,000; AND
AUTHORIZE A CONTINGENCY AMOUNT OF $67,250 (5% OF THE
TOTAL CONTRACT) FOR CONTRACT CHANGE ORDERS TO BE
APPROVED BY THE CITY MANAGER, FOR A TOTAL AUTHORIZATION
AMOUNT OF $1,412,250.
RECOMMENDATION:
Appropriate, approve, and award.
FISCAL IMPACT:
As part of the FY 2012-2013 Capital Improvement Program, $662,000 of Gas Tax Funds,
$458,000 of Measure R Funds, $119,058 of Hauler Fees, and $120,000 of Prop C Funds
were budgeted for the Residential/Collector Area 1 B and Zone 7 Road Maintenance
Project for a total allocation of $1,359,058 for design, construction administration and
construction. To date approximately $89,840 has been encumbered for design and
construction administration services. There is approximately $1,269,218 remaining in the
current budget.
As shown in the attached table, an appropriation of $44,154 of General Funds, $49,460 of
Prop C Funds and $49,418 of Measure R Funds will be required to fully fund the
construction.
1
To fully construct the Residential/Collector Area 1 B and Arterial Zone 7 improvements at a
cost equal to the lowest responsive bid plus contingency an appropriation of $143,032 will
be required. The appropriation of the General Fund Reserves will be used to cover a
portion of the contingency for the Hardy & Harper construction contract. This contingency
will only be used in the event of unforeseen circumstances that will warrant a contract
change order. The City's project team has a solid track record of keeping project costs
within the original contract award without having to use the contingency. In the event that
this project continues that record and the contingency is not used $44,154 will be returned
to the General Fund Reserves and the remaining balance of unused contingency will be
returned to either Prop C and/or Measure R reserves accordingly.
BACKGROUND/DISCUSSION:
The Residential/Collector Area 1 B and Arterial Zone 7 Road Maintenance Project is the
second year of the residential seven-year slurry seal/overlay program and seventh year of
the arterial seven-year slurry seal/overlay program. Due to budget constraints, Residential
Area 1 has been broken into subsections of Area 1A and 1 B. (See Exhibit A). Area 1A
was completed in 2012.
With the completion of the updated Pavement Management System in 2009, several
streets including cul-de-sacs and knuckles within Area 1 B were identified to be in very poor
pavement conditions. Due to these poor pavement conditions, using slurry seal will not be
an effective pavement maintenance treatment. Therefore, the majority of the residential
and collector roadway segments will receive a chip seal treatment in addition to the normal
slurry treatment which, when combined is referred to as a "cape seal". The remaining
roadway segments including all cul-de-sacs and knuckles will receive an edge grind and
AC overlay treatment. These treatments will extend the life of the pavement for up to 10
years. The cape seal treatment consists of a thin layer of emulsion placed over existing
pavement followed by a layer of aggregate applied over the emulsion and an application of
slurry seal over the aggregates.
2
Budget
Encumbrance
Balance
Residential Area 1B Budget
$ 1,104,058.00
$ 1,104,058.00
Collectors Area 1B Budget
$ 135,000.00
$ 1,239,058.00
Arterial Zone 7 Budget
$ 120,000.00
$ 1,359,058.00
Onward Contract
$ 89,840.00
$ 1,269,218.00
Hardy & Harper Contract
$ 1,345,000.00
$ (75,782.00)
H&H Contingency (5%)
$ 67,250.00
$ (143,032.00)
Appropriation of General Fund
Reserves
$ 44,154.00
$ 98,878.00)
Appropriation of Prop C
Reserves
$ 49,460.00
$ (49,418.00
Appropriation of Measure R
Reserves
$ 49,418.00
$
To fully construct the Residential/Collector Area 1 B and Arterial Zone 7 improvements at a
cost equal to the lowest responsive bid plus contingency an appropriation of $143,032 will
be required. The appropriation of the General Fund Reserves will be used to cover a
portion of the contingency for the Hardy & Harper construction contract. This contingency
will only be used in the event of unforeseen circumstances that will warrant a contract
change order. The City's project team has a solid track record of keeping project costs
within the original contract award without having to use the contingency. In the event that
this project continues that record and the contingency is not used $44,154 will be returned
to the General Fund Reserves and the remaining balance of unused contingency will be
returned to either Prop C and/or Measure R reserves accordingly.
BACKGROUND/DISCUSSION:
The Residential/Collector Area 1 B and Arterial Zone 7 Road Maintenance Project is the
second year of the residential seven-year slurry seal/overlay program and seventh year of
the arterial seven-year slurry seal/overlay program. Due to budget constraints, Residential
Area 1 has been broken into subsections of Area 1A and 1 B. (See Exhibit A). Area 1A
was completed in 2012.
With the completion of the updated Pavement Management System in 2009, several
streets including cul-de-sacs and knuckles within Area 1 B were identified to be in very poor
pavement conditions. Due to these poor pavement conditions, using slurry seal will not be
an effective pavement maintenance treatment. Therefore, the majority of the residential
and collector roadway segments will receive a chip seal treatment in addition to the normal
slurry treatment which, when combined is referred to as a "cape seal". The remaining
roadway segments including all cul-de-sacs and knuckles will receive an edge grind and
AC overlay treatment. These treatments will extend the life of the pavement for up to 10
years. The cape seal treatment consists of a thin layer of emulsion placed over existing
pavement followed by a layer of aggregate applied over the emulsion and an application of
slurry seal over the aggregates.
2
In addition to the residential and collector roadways, the City will perform preventive
maintenance treatment on Golden Springs Drive between Lavender Drive and Brea
Canyon Road as well as Diamond Bar Blvd. between Brea Canyon Cut-off and Brea
Canyon Road (See Exhibit B). A preventive maintenance program combining slurry/cape
seal, localized removal and reconstruction, and edge grind and overlay have the
advantage of preventing deterioration of the roadways by sealing cracks and conducting
rehabilitation in localized areas of the roadway.
With the completion of the plans and specifications, the project was advertised for bids on
April 22, 2013. On May 20, 2013, seven (7) bids were received. Two bidders, All
American Asphalt and Hardy and Harper, Inc. submitted identical low base bids in the
amount of $1,345,000. The bids received were as follows:
Company
1.
Hardy & Harper
2.
All American Asphalt
3.
Excel Paving Co.
4.
Sully -Miller Contracting
5.
Gentry Brothers
6.
RJ Noble
7.
Copp Contracting
Bid Amount
$1,345,000.00
$1,345,000.00
$1,381,463.00
$1,418,764.80
$1,527,822.00
$1,542,928.60
$1,593,917.85
The engineer's estimate was $1,250,000. In order to settle the "tie" for the lowest bidder,
after consulting with the City Attorney, it was determined Public Contract Code Section
20166 provides that if two or more bids are the same and lowest, the City Council may
accept the one it chooses. Note that with respect to purchases of supplies and materials,
Section 3.24.160(c) of the Diamond Bar Municipal Code calls for a coin flip in the event of
identical low bids. Therefore, to provide a staff recommendation to Council a coin
toss was held on Wednesday, May 29 with representatives from Hardy & Harper, Inc. and
All American Asphalt present. The company to call the toss was chosen by placing both
company names in the hat and pulling one out. Hardy & Harper's name was pulled and
they called heads on the coin toss. The coin landed on heads, hence staff's
recommendation is to award the contract to Hardy & Harper
Staff has verified the contractor state license for both All American Asphalt and Hardy &
Harper, Inc. and found both to be valid. The project schedule is tentatively set as follows:
Award of Contract
June 4, 2013
Notice to Proceed
June 24, 2013
Start of Construction
July 1, 2013
Completion of Construction
September 3, 2013
3
PREPARED BY:
Kimberly M. Young, Associate Engineer
REVIEWED BY:
David 6. Liu, P.E.
Director of Public Works
DATE PREPARED:
May 29, 2013
ATTACHMENTS: EXHIBIT "A" — RESIDENTIAL SLURRY SEAL PROGRAM
EXHIBIT "B" — ZONE 7 ARTERIAL SLURRY SEAL PROJECT
CONTRACTOR AGREEMENT
RESOLUTION 2013-xx
4
Citywide Residential Slurry Seal Program,
11
112
AREA SECTION FISCAL
1A
8.3
11-12
1B
11.2
12-13
0
2
16.5
13-14
0
3
17.9
14-15
0
4
14.4
15-16
5
12.0
16-17
6
11.8
17-18
7
16.4
18-19
TOTAL
108.4
WA:l1IMM
RESOLUTION NO. 2013 -XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR APPROVING THE DESIGN AND PLANS FOR THE
CONSTRUCTION OF RESIDENTIAL/COLLECTOR AREA 1B AND
ARTERIAL ZONE 7 PROJECT PURSUANT TO GOVERNMENT CODE
SECTION 830.6 AND ESTABLISHING A PROJECT PAYMENT
ACCOUNT.
The City Council of the City of Diamond Bar does resolve as follows:
SECTION 1: The City Council finds and declares as follows:
A. The City retained Onward Engineering ("Consultant") as the engineer to
design and prepare the plans for Residential/Collector Area 1 B and
Arterial Zone 7 Project;
B. The Consultant informed the City Engineer that these plans are complete
and that construction of the Project may begin;
C. The City Engineer reviewed the completed design and plans for the
Project and agrees with the Consultant that the plans are complete and
the Project may be constructed;
D. The City Council wishes to obtain the immunities set forth in Government
Code § 830.6 with regard to the plans and construction of the Project.
SECTION 2: Design Immunity; Authorization.
A. The design and plans for the Project are determined to be consistent with
the City's standards and are approved.
B. The design approval set forth in this Resolution occurred before actual
work on the Project construction commenced.
C. The approval granted by this Resolution conforms with the City's General
Plan.
D. The City Engineer, or designee, is authorized to act on the City's behalf in
approving any alterations or modifications of the design and plans
approved by this Resolution.
E. The approval and authorization granted by this Resolution is intended to
avail the City of the immunities set forth in Government Code § 830.6.
SECTION 3: Project Payment Account. For purposes of the Contract Documents
administering the Project, the City Council directs the City Manager, or
designee, to establish a fund containing sufficient monies from the current
fiscal year budget to pay for the Project ('Project Payment Account').
The Project Payment Account is the sole source of funds available for the
Contract Sum, as defined in the Contract Document administering the
Project.
SECTION 4: The City Clerk is directed to certify the adoption of this Resolution.
SECTION 5: This Resolution will become effective immediately upon adoption.
PASSED, APPROVED, AND ADOPTED this 4th day of June, 2013.
Jack Tanaka, Mayor
I, Tommye A. Cribbins, City Clerk of the City of Diamond Bar, California, do hereby
certify that the foregoing Resolution No. 2013 -XX was duly and regularly passed and
adopted by the City Council of the City of Diamond Bar, California, at its regular meeting
held on the 4th day of June, 2013, by the following vote, to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
Tommye A. Cribbins, City Clerk
AGREEMENT
The following 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 Hardy & Harper, Inc.
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 Hardy & Harper, Inc. and;
WHEREAS, City has authorized the Mayor to execute a written contract with
CONTRACTOR for furnishing labor, equipment and material for the Residential/Collector
Area 113 and Arterial Zone 7 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
Residential/Collector Area 113 and Arterial Zone 7 in the City of Diamond Bar. The work to
be performed in accordance with the plans and specifications, dated April 2013 (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 May 8, 2013 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 written agreement, the
provisions of this written agreement shall control.
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 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 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 forty-five (45) working days from the date of the notice to proceed.
The CONTRACTOR agrees further to the assessment of liquidated damages in
the amount of five hundred ($500.00) 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 CONTRACTOR 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 insurance 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."
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) $500,000 each person;
$1,000,000 each accident.
2) Public Liability - Property Damage (not auto) $250,000 each
person; $500,000 aggregate.
3) CONTRACTOR'S Protective Bodily Injury $500,000 each
person; $1,000,000 each accident.
4) CONTRACTOR'S Protective - Property Damage $250,000 each
accident; $500,000 aggregate.
5) Automobile - Bodily Injury $500,000 each person; $1,000,000
each accident.
6) Automobile - Property Damage $250,000 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.
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 4.0.(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 I 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, 21825
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 in 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.
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.
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 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 available 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.
12. 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.
0
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.
State of California
"CONTRACTOR'S" License No.
In
Date
TITLE
CITY OF DIAMOND BAR, CALIFORNIA
By:
JACK TANAKA, MAYOR
Date
ATTEST:
By:
TOMMYE CRIBBINS, CITY CLERK
Date
CONTRACTOR'S Business Phone
Emergency Phone at which CONTRACTOR can be reached at any time
APPROVED AS TO FORM:
CITY ATTORNEY
Date
CITY COUNCIL
Agenda # 6 , g
Meeting Date: June 4, 2013
AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
VIA: James DeStefano, City Mana9W
TITLE: Authorize City Manager to purchas Hewlett Packard Servers, and additional hardware
replacements from Hewlett Packard, Cisco and vendors on the currently Approved
Vendors List, throughout the FYI 3-14 for an amount not to exceed $275,500.
Recommendation:
Approve.
This purchase exceeds the City Manager's spending authority and requires Council authorization.
Budget/Financial Impact:
There are sufficient funds in the approved FY13-14 budget for these purchases.
Discussion:
City staff relies heavily on the use of computers, specialized networks, and associated hardware and
software to create, process, and store digital information to serve our constituents. In addition, the
City relies on these same systems to promote and maintain communication with our residents,
businesses, City Council and City staff.
The City will be replacing approximately 50% of the City's workstations during the upcoming fiscal
year.
There are several existing pieces of equipment including HP servers, Laptops, and associated
hardware components that have outlived their useful life; and have a high likelihood of failure in the
next 6 to 12 months. In addition, there is specialized hardware related to our on-line services that
will require replacement in the upcoming fiscal year due to their age and on-going vendor support
limitations.
Staff recommends the City Council authorize the City Manager to purchase the necessary
replacement equipment from Hewlett Packard (HP), Cisco, and other vendors on the currently
Approved Vendors List, through State -negotiated and approved bulk purchasing contracts. This
process provides for a significantly reduced cost to the City, without the formal bid process.
Additionally, occasionally a vendor on the Approved Vendor List will lower their price to
something below the state contract. This pre -approval allows us to move quickly to take
advantage of special or one-time date -sensitive discounts when they occur.
If approved by. Council, the City will begin the replacement of these various pieces of equipment in
July 2013 and conclude prior to the end of the fiscal year.
It is recommended that the City Council authorize these expenditures and approve the disposal of the
existing surplus property per City policy.
Prepared by:
Desforges, Director I
Reviewed by:
David Do , ssistant ity Manager
CITY COUNCIL
Agenda # 6.10
Meeting Date: June 4, 2012
AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
VIA: James DeStefano, City ManLW
TITLE: Authorize City Manager to exec to contract with Go -Live Technology, Inc. for
Professional Services, for an Amount Not to Exceed $65,000 for the Period of July
1, 2013 through June 30, 2014
Recommendation: Approve.
This purchase exceeds the City Manager's spending authority and requires Council authorization.
Budget/Financial Impact:
There are sufficient funds in the approved FY13-14 budget for these services.
Background/Discussion:
City staff relies heavily on the use of the CityView application, in Code Enforcement, Planning,
Permitting and Inspections, and Engineering. Go Live Technology, provides general CityView
support including software and fee updates to the City, and they have done so successfully since
September of 2006.
Go Live Technology, Inc. will provide Consultants to the City of Diamond Bar on an "as needed basis"
for support of the CityView Application. (Not -to -Exceed $65,000 in FY 2012/2013)
Common services include semi-annual fee updates, staff training and support, vendor management,
etc. Additional, Project deliverables for FY13/14 are listed in Exhibit A of the Professional Services
Agreement.
Prepared by:
Reviewed by:
! � A LYA-
Ken Desforges, David Doy e,—
Director Information Systems Assistant City Manager
Attachments: Go Live Technology contract
CONSULTING SERVICES AGREEMENT
This Agreement is made and entered into this 1St day of July 2013, between the
City of Diamond Bar, a Municipal Corporation (hereinafter referred to as "City") and Go
Live Technology, Inc. (hereinafter referred to as "Consultant").
RECITALS
A. City desires to utilize the services of Consultant as an independent
contractor to provide consulting services to City as set forth in Exhibit "A".
B. Consultant represents that it is fully qualified to perform such consulting
services by virtue of its experience and the training, education and
expertise of its principals and employees.
NOW, THEREFORE, in consideration of performance by the parties of the covenants
and conditions herein contained, the parties hereto agree as follows:
1. Consultant's Services
A. Scope of Services. The nature and scope of the specific services
to be performed by Consultant are as described in Exhibit "A",
dated July 1, 2013.
B. Level of Services/Time of Performance. The level of and time of
the specific services to be performed by Consultant are as set forth
in Exhibit "A" (Consultant's submitted proposal).
2. Term of Agreement. This contract shall take effect July 1, 2013 and shall
continue until June 30, 2014 or completion of the project, unless earlier
terminated pursuant to the provisions herein.
3. Compensation. City agrees to compensate Consultant for each service
which Consultant performs to the satisfaction of City in compliance with
the schedule set forth in Exhibit "B." Payment will be made only after
submission of proper invoices in the form specified by City. Total payment
to Consultant pursuant to this Agreement shall not exceed $65,000 in
total.
4. General Terms and Conditions. In the event of any inconsistency
between the provisions of this Agreement and Consultant's proposal, the
provisions of this Agreement shall control.
932420.1 1
5. Staff and Addresses.
City: James DeStefano, City Manager
Ken Desforges, Director Information Systems
City of Diamond Bar
21825 Copley Drive
Diamond Bar, CA 91765-4177
Consultant: Richard Chenette, President
Matt Woods, Analyst
Go Live Technology, Inc
26632 Via Cuervo
Mission Viejo, CA 92691
The City has the right to written approval for any change or replacement of
the above mentioned Consultant staff.
6. Status as Independent Consultant.
A. Consultant is, and shall at all times remain, as to City, a wholly
independent contractor. Consultant shall have no power to incur any debt,
obligation, or liability on behalf of City or otherwise act on behalf of City as
an agent. Neither City nor any of its agents shall have control over the
conduct of Consultant or any of Consultant's employees, except as set
forth in this Agreement. Consultant shall not, at any time, or in any
manner, represent that it or any of its agents or employees are in any
manner agents or employees of City.
B. Consultant agrees to pay all required taxes in amounts paid to
Consultant under this Agreement, and to indemnify and hold City harmless
from any and all taxes, assessments, penalties, and interest asserted
against City by reason of the independent contractor relationship created
by this Agreement. In the event that City is audited by any Federal or
State agency regarding the independent contractor status of Consultant
and the audit in any way fails to sustain the validity of a wholly
independent contractor relationship between City and Consultant, then
Consultant agrees to reimburse City for all costs, including accounting and
attorney's fees, arising out of such audit and any appeals relating thereto.
C. Consultant shall fully comply with the workers' compensation law
regarding Consultant and employees of Consultant. Consultant further
agrees to indemnify and hold City harmless from any failure of Consultant
to comply with applicable workers' compensation laws. City shall have the
right to offset against the amount of any fees due to Consultant under this
932420.1 2
Agreement any amount due to City from Consultant as a result of
Consultant failure to promptly pay to City any reimbursement or
indemnification arising under this Section 6.
D. Consultant shall, at Consultant's sole cost and expense fully secure
and comply with all federal, state and local governmental permit or
licensing requirements, including but not limited to the City of Diamond
Bar, South Coast Air Quality Management District, and California Air
Resources Board. Consultant further agrees to indemnify and hold City
harmless from any failure of Consultant to comply with the requirements in
Section 6. Additionally, the City shall have the right to offset against the
amount of any fees due to Consultant under this Agreement for any
amount or penalty levied against the City for Consultant's failure to comply
with Section 6.
7. Standard of Performance. Consultant shall perform all work at the
standard of care and skill ordinarily exercised by members of the
profession under similar conditions.
8. Indemnification. Consultant agrees to indemnify the City, its officers,
agents, volunteers, employees, and attorneys against, and will hold and
save them and each of them harmless from, 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 the acts, errors or
omissions of Consultant, its agents, employees, subcontractors, or
invitees, including each person or entity responsible for the provision of
services hereunder, excluding liability caused by the negligent or wrongful
acts or omissions of City.
In the event there is more than one person or entity named in the
Agreement as a Consultant, then all obligations, liabilities, covenants and
conditions under this Section 8 shall be joint and several.
9. Insurance.
A. Consultant shall at all times during the term of this Agreement
carry, maintain, and keep in full force and effect, with an insurance
company admitted to do business in California and approved by the City
(1) a policy or policies of broad -form comprehensive general liability
insurance with minimum limits of $1,000,000.00 combined single limit
coverage against any injury, death, loss or damage as a result of wrongful
or negligent acts by Consultant, its officers, employees, agents, and
independent contractors in performance of services under this Agreement;
(2) property damage insurance, with minimum combined single limits
932420.1 3
coverage of $500,000.00; (3) automotive liability insurance, with minimum
combined single limits coverage of $500,000.00; (4) professional liability
insurance (errors and omissions) to cover or partially cover damages that
may be the result of errors, omissions, or negligent acts of Consultant, in
an amount of not less than $1,000,000 per occurrence and at least
$1,000,000 aggregate; and (5) workers' compensation insurance with a
minimum limit of $500,000.00 or the amount required by law, whichever is
greater. City, its officers, employees, attorneys, and volunteers shall be
named as additional insureds on the policy(ies) as to comprehensive
general liability, property damage, and automotive liability. The policy(ies)
as to comprehensive general liability, property damage, and automobile
liability shall provide that they are primary, and that any insurance
maintained by the City shall be excess insurance only.
B. 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 thirty (30) days
prior written notice thereof. Consultant agrees that it will not cancel,
reduce or otherwise modify the insurance coverage.
C. All policies of insurance shall cover the obligations of Consultant
pursuant to the terms of this Agreement; shall be issued by an insurance
company which is admitted to do business in the State of California or
which is approved in writing by the City; and shall be placed with a current
A.M. Best's rating of no less than A VII.
D. Consultant shall submit to City (1) insurance certificates indicating
compliance with the minimum workers' compensation insurance
requirements above, and (2) insurance policy endorsements indicating
compliance with all other minimum insurance requirements above, not
less than one (1) day prior to beginning of performance under this
Agreement. Endorsements shall be executed on City's appropriate
standard forms entitled "Additional Insured Endorsement," or a
substantially similar form which the City has agreed in writing to accept.
10. Confidentiality. Consultant, in the course of its duties, may have access
to confidential data of City, private individuals, or employees of the City.
Consultant covenants that all data, documents, discussion, or other
information developed or received by Consultant or provided for
performance of this Agreement are deemed confidential and shall not be
disclosed by Consultant without written authorization by City. City shall
grant such authorization if disclosure is required by law. All City data shall
be returned to City upon the termination of this Agreement. Consultant's
covenant under this section shall survive the termination of this
932420.1 4
Agreement. Notwithstanding the foregoing, to the extent Consultant
prepares reports of a proprietary nature specifically for and in connection
with certain projects, the City shall not, except with Consultant's prior
written consent, use the same for other unrelated projects.
11. Ownership of Materials. All materials provided by Consultant in the
performance of this Agreement shall be and remain the property of City
without restriction or limitation upon its use or dissemination by City.
Consultant may, however, make and retain such copies of said documents
and materials as Consultant may desire.
12. Conflict of Interest.
A. Consultant covenants that it presently has no interest and shall not
acquire any interest, direct or indirect, which may be affected by the
services to be performed by Consultant under this Agreement, or which
would conflict in any manner with the performance of its services
hereunder. Consultant further covenants that, in performance of this
Agreement, no person having any such interest shall be employed by it.
Furthermore, Consultant shall avoid the appearance of having any interest
which would conflict in any manner with the performance of its services
pursuant to this Agreement.
B. Consultant covenants not to give or receive any compensation,
monetary or otherwise, to or from the ultimate vendor(s) of hardware or
software to City as a result of the performance of this Agreement.
Consultant's covenant under this section shall survive the termination of
this Agreement.
13. Termination. Either party may terminate this Agreement with or without
cause upon fifteen (15) days' written notice to the other party. However,
Consultant shall not terminate this Agreement during the provision of
services on a particular project. The effective date of termination shall be
upon the date specified in the notice of termination, or, in the event no
date is specified, upon the fifteenth (15th) day following delivery of the
notice. In the event of such termination, City agrees to pay Consultant for
services satisfactorily rendered prior to the effective date of termination.
Immediately upon receiving written notice of termination, Consultant shall
discontinue performing services.
14. Personnel. Consultant represents that it has, or will secure at its own
expense, all personnel required to perform the services under this
Agreement. All of the services required under this Agreement will be
performed by Consultant or under its supervision, and all personnel
engaged in the work shall be qualified to perform such services.
932420.1 5
Consultant reserves the right to determine the assignment of its own
employees to the performance of Consultant's services under this
Agreement, but City reserves the right to determine the assignment of its
own employees to the performance of Consultant's services under this
Agreement, but City reserves the right, for good cause, to require
Consultant to exclude any employee from performing services on City's
premises. Key personnel are listed in Section 5 of this Agreement and
shall not change without prior written approval from the City.
15. Non -Discrimination and Equal Employment Opportunity.
A. Consultant shall not discriminate as to race, color, creed, religion,
sex, marital status, national origin, ancestry, age, physical or mental
handicap, medical condition, or sexual orientation, in the performance of
its services and duties pursuant to this Agreement, and will comply with all
rules and regulations of City relating thereto. Such non-discrimination
shall include but not be limited to the following: employment, upgrading,
demotion, transfers, recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and selection for
training, including apprenticeship.
B. Consultant will, in all solicitations or advertisements for employees
placed by or on behalf of Consultant state either that it is an equal
opportunity employer or that all qualified applicants will receive
consideration for employment without regard to race, color, creed, religion,
sex, marital status, national origin, ancestry, age, physical or mental
handicap, medical condition, or sexual orientation.
C. Consultant will cause the foregoing provisions to be inserted in all
subcontracts for any work covered by this Agreement except contracts or
subcontracts for standard commercial supplies or raw materials.
16. Assignment. Consultant shall not assign or transfer any interest in this
Agreement nor the performance of any of Consultant's obligations
hereunder, without the prior written consent of City, and any attempt by
Consultant to so assign this Agreement or any rights, duties, or obligations
arising hereunder shall be void and of no effect.
17. Compliance with Laws. Consultant shall comply with all applicable laws,
ordinances, codes and regulations of the federal, state, and local
governments.
18. 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
932420.1 6
Agreement. In no event shall the making by City of any payment to
Consultant constitute or be construed as a waiver by City of any breach of
covenant, or any default which may then exist on the part of Consultant,
and the making of any such payment by City shall in no way impair or
prejudice any right or remedy available to City with regard to such breach
or default.
19. Attorney's Fees. In the event that either party to this Agreement shall
commence any legal of equitable action or proceeding to enforce or
interpret the provisions of this Agreement, the prevailing party in such
action or proceeding shall be entitled to recover its costs of suit, including
reasonable attorney's fees and costs, including costs of expert witnesses
and consultants.
20. Mediation. Any dispute or controversy arising under this Agreement, or in
connection with any of the terms and conditions hereof, shall be referred
by the parties hereto for mediation. A third party, neutral mediation
service shall be selected, as agreed upon by the parties and the costs and
expenses thereof shall be borne equally by the parties hereto. In the
event the parties are unable to mutually agree upon the mediator to be
selected hereunder, the City Council shall select such a neutral, third party
mediation service and the City Council's decision shall be final. The
parties agree to utilize their good faith efforts to resolve any such dispute
or controversy so submitted to mediation. It is specifically understood and
agreed by the parties hereto that referral of any such dispute or
controversy, and mutual good faith efforts to resolve the same thereby,
shall be conditions precedent to the institution of any action or proceeding,
whether at law or in equity with respect to any such dispute or
controversy.
21. Notices. Any notices, bills, invoices, or reports required by this
Agreement shall be deemed received on (a) the day of delivery if delivered
by hand during regular business hours or by facsimile before or during
regular business hours; or (b) on the third business day following deposit
in the United States mail, postage prepaid, to the addresses heretofore set
forth in the Agreement, or to such other addresses as the parties may,
from time to time, designated in writing pursuant to the provisions of this
section.
22. Governing Law. This Contract shall be interpreted, construed and
enforced in accordance with the laws of the State of California.
23. Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall be deemed to be the original, and all of
which together shall constitute one and the same instrument.
932420.1 7
24. Entire Agreement. This Agreement, and any other documents
incorporated herein by specific reference, represent the entire and
integrated agreement between Consultant and the City. This Agreement
supercedes 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 the City Manager or the Mayor and attested by
the City Clerk.
25. Exhibits. All exhibits referred to in this Agreement are incorporated
herein by this reference.
932420.1 8
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement as of the date first written above.
"City"
ATTEST:
M
Tommye Cribbins, City Clerk
Approved as to form:
David A. DeBerry, City Attorney
"CONSULTANT"
M
Richard Chenette, President
Go Live Technologies, Inc.
CITY OF DIAMOND BAR
0
James DeStefano, City Manager
932420.1 9
Exhibit "A"
Scope of Services:
Go Live Technology, Inc. has extensive experience implementing and supporting
ERP applications including MS Governs City View application suite.
Go Live Technology, Inc. will provide Consultants to the City of Diamond Bar on
an "as needed basis" for support of the CityView Application. (Not -to -Exceed
$65,000 in FY 2013/2014) Common services include semi-annual fee updates,
staff training and support, vendor management, etc. Additional Project
deliverables are listed below.
SCOPE OF SERVICES:
1. City View Outlook Integration Project
Project Management
• Develop and manage City's Project Plan: Includes city
resources, deliverables, tasks, activities, status reporting,
etc.
2. City View Fees & Valuations (Updates)
• Update City View application according to city's fee and
valuation schedule
3. City View Open Issues support services
Provide onsite application support for high priority issues
• Coordinate application updates, enhancement and conduct
application testing
4. City View Application Review sessions (5 -year tune-up)
Code Enforcement
• Conduct process review session: workflow, activities, rules
and reports Identify changes and implement process
improvements.
Planning
• Conduct process review session: workflow, activities, rules
and reports
• Identify changes and implement process improvements.
Public Works.
• Conduct process review session: workflow, activities, rules
and reports
• Identify changes and implement process improvements.
Building
• Conduct process review session: workflow, activities, rules
and reports
• Identify changes and implement process improvements.
Business License
• Conduct process review session: workflow, activities, rules
and reports
• Identify changes and implement process improvements.
Public Portal
• Process review session: workflow, activities, rules and
reports
• Identify changes and implement process improvements.
Exhibit "B"
Payment Schedule:
Terms are net 30 on invoices submitted with approved contractor time cards.
Billing rate(s) for the City of Diamond Bar:
All Contractors $75.00 per hour*
"`Includes all Federal and State payroll taxes, company benefits, etc...
Agenda 4 6.11
Meeting Date: June 4, 2013
CITY COUNCIL ! AGENDA REPORT
r„
Gokra�iuq.'�P
TO: Honorable Mayor and Members of the City Council
VIA: James DeStefano, City Ma
TITLE: AUTHORIZE THE CITY MANAGER TO PURCHASE TIGHTROPE
MEDIA SYSTEMS' CABLECAST TV AUTOMATION SYSTEM AND
CAROUSEL DIGITAL MESSAGE PLAYER FROM MEDIA CONTROL
SYSTEMS FOR THE OPERATION OF THE CITY'S GOVERNMENT
ACCESS CHANNEL (DBTV) IN THE AMOUNT OF $51,000, PLUS A
CONTINGENCY AMOUNT OF $5,100 FOR A TOTAL AUTHORIZATION
OF $56,100.
RECOMMENDATION:
Authorize.
FINANCIAL SUMMARY:
Funds included in the 2012/13 fiscal year budget.
BACKGROUND:
The purpose of the City's government access channel (DBty) is to provide the Diamond Bar
community with accurate and current information about local issues, policies, activities and
services. DBty programming is an integral component of the City's ongoing efforts to increase
access to government and keep the community informed.
In November 2001, the City assumed responsibility for the operation and programming of the
City's government access channel (DBty) from the local cable provider and installed a state of
the art system at City Hall to begin broadcasting live City Council meetings and informational
programming. After nearly 12 years of continuous operation, the original equipment is no longer
reliable, has limited functionality, is not compatible with current digital formats; and is therefore
in need of replacement.
Staff evaluated several digital media systems based on the quality of the systems, the
professional support services, and the functions and features of the systems. After this
thorough review, staff determined that Tightrope Media Systems' Cablecast TV Automation
System and Carousel Digital Message Player best meets the City's programming and
broadcasting needs. This system's highlights include online programming, "off -air" email alerts
in the event of power or equipment failure, channel branding with banners and logo, high
capacity digital storage, and website integration with a searchable online program schedule.
Additionally, it allows for an expanded number of users with assigned security access levels and
accepts a wide range of digital formats.
The selected system, Tightrope Media Systems, equipment and professional services can only
be purchased through an authorized reseller. In the Southern California region, the sole -source
authorized Tightrope Media Systems reseller is Media Control Systems. Therefore there are
no proposals or price quotes from other vendors.
PREPARED BY:
CX 9(�
arrsha Roa, Public Information Manager
REVIEWED BY:
Oii)
David Doyle, Assistant go Manager
CITY COUNCIL
Agenda # 7.1
Meeting Date: June 4, 2013
AGENDA REPORT
TO: Honorable Mayor and Memb rs of the City Council
VIA: James DeStefano, City M
TITLE: ORDINANCE NO. XX(2013) OF THE CITY OF DIAMOND BAR —
AMENDMENTS TO TITLE 22 OF THE DIAMOND BAR MUNICIPAL CODE
("DEVELOPMENT CODE") AND RESOLUTION NO. 2013 -XX FOR RELATED
AMENDMENT TO THE GENERAL PLAN LAND USE ELEMENT TO
IMPLEMENT POLICIES AND PROGRAMS CONTAINED IN THE CITY'S
HOUSING ELEMENT
APPLICANT: City of Diamond Bar Community Development Department
RECOMMENDATION:
1) Adopt Resolution No. 2013 -XX: Approving General Plan Amendment PL No. 2012-
513 to amend the General Plan Land Use Element, Objective 1.1, Strategy 1.1.4 to
accommodate the need for emergency shelters and single -room occupancy housing in
the I (Light Industrial) land use category; and
2) Approve for First Reading by title only, waive full reading of Ordinance No. XX(2013)
adopting Development Code Amendment PL No. 2012-513, and schedule Second
Reading for June 18, 2013.
FINANCIAL SUMMARY:
The costs associated with this project have been borne by the City.
SUMMARY:
The City of Diamond Bar proposes to amend certain sections of the Development Code and
the Land Use Element of the General Plan in order to implement policies and programs
contained in the City's certified 2008-2014 Housing Element. These amendments fall into the
following three categories:
Page 1
I . Establishment of zoning standards for emergency shelters and transitional/supportive
housing to be in compliance with Senate Bill 2. The proposed Development Code
amendment establishes the I (Light Industry) zone to be the zoning district in which
emergency shelters may be established by right; and affirms SB 2's mandate that
transitional/supportive housing shall be treated as a residential use subject only to the
same requirements as other residential uses of the same type in the same zone. The
light industrial land use category of the General Plan Land Use Element would be
amended to accommodate the need for emergency shelter identified in the Housing
Element;
2. Establishment of zoning regulations for single -room occupancy (SRO) housing. The
Development Code Amendment identifies the I (Light Industry) zone to allow housing
for single -room occupancy units with a conditional use permit. The light industrial land
use category of the General Plan Land Use Element would be amended to
accommodate the need for single -room occupancy housing identified in the Housing
Element; and
3. Amendment to existing density bonus provisions to be in compliance with Senate Bill
1818.
No development is currently proposed in connection with this Development Code
Amendment. All of the proposed amendments are implementation actions of the City's 2008-
2014 General Plan Housing Element and are necessary in order for the City to ensure
continued conformance with state law.
After holding the public hearing, staff recommends that the City Council approve
Development Code Amendment and related amendment to the General Plan Land Use
Element — Planning Case No. PL2012-513, by adopting the attached resolution and
ordinance.
BACKGROUND:
On January 18, 2011, the Department of Housing and Community Development certified the
City of Diamond Bar's 2008-2014 Housing Element as compliant with state law, and the City
Council adopted the Housing Element on April 19, 2011. In the Housing Element, the City
committed to making several amendments to the Municipal Code.
The following implementation programs required in the Housing Element included the
following amendments to the Municipal Code:
• Identify a zone where emergency shelters may be established, create specific
development standards that will apply to emergency shelters and establish that
transitional and supportive housing is a residential use subject to the same
requirements as other residential uses of the same type in the same zone;
Page 2
• Identify a zone where single -room occupancy housing may be established, create
definition, development standards and procedures for single -room occupancy (SRO)
facilities; and
• Make appropriate changes to the existing density bonus provisions to be in
compliance with SB 1818.
On April 23, 2013, the Planning Commission held a public hearing to consider the proposed
Development Code Amendment and related General Plan Amendment. After discussing the
matter, the Commission recommended, by a 3-0 vote, that the City Council adopt the
proposed amendments with modifications to the definitions to specify that transitional and
supportive housing shall not include halfway houses or maternity hotels. The Planning
Commission staff report and meeting minutes are attached to this report. There were no
issues or objections raised by the public during the hearing.
ANALYSIS:
Adoption Process
Before the City Council may consider amending the Development Code, or the General Plan,
the Planning Commission must first conduct a public hearing to consider the proposed
amendments. The Commission then forwards its recommendations via resolutions advising
the Council whether or not the proposed amendments should be adopted.
Proposed Development Code Amendments
1. Establish Emergency Shelter Standards: An emergency shelter is a facility that
provides shelter to homeless families and/or individuals on a limited, short-term basis,
typically six months or less. As required by California Senate Bill 2 of 2007 (Housing
Accountability Act), the City has committed to amend the Development Code to
designate a zone where emergency shelters may be established "by right," without a
conditional use permit or other discretionary approval, subject to locational and
operational standards as permitted by law. The code amendment would permit such
facilities in the I (Light Industry) zone by right, subject to operational and locational
standards. The I zone is appropriate for emergency shelters because of its close
proximity to public transit such as Metrolink station and several major bus routes, and
there are vacant warehouse buildings in the area. These emergency shelter facilities
are permanent year-round facilities for the homeless, and are not to be confused with
makeshift disaster relief shelters that might be set up at school gyms, community
centers or churches.
2. Establish Transitional and Supportive Housing Standards: SB 2 also required the
City to commit to amending the Development Code to treat transitional and supportive
housing no differently than any other residential use of the same type in the same
zone. Transitional housing is temporary (typically six months to two years) housing for
homeless individuals or families who are transitioning to permanent housing.
Transitional housing often includes a supportive services component, such as job skills
Page 3
training, or rehabilitation counseling, to allow individuals to gain necessary life skills in
support of independent living. Supportive housing may be permanent and includes
services to assist residents with their daily necessities. Transitional and supportive
housing must be operated by a nonprofit organization. These housing types are not
group homes, i.e. if a single-family residence has been established as transitional
housing, only one household may occupy it.
As previously discussed in the Background section, the Planning Commission
recommends supplementing the definitions for transitional and supportive housing in
order to clarify that these housing types exclude "halfway houses" and "maternity
hotels." However, these terms are not defined or used elsewhere in the Development
Code, and the use of them would diminish the technical precision of the definitions for
supportive and transitional housing. Therefore, staff recommends that the Council
instead adopt the definitions as modified below, which still reflect the Planning
Commission's intent:
Supportive housing. Housing configured as rental housing developments with no limit on
length of stay, that is occupied by the target population as defined in Section 50675.14 of
the California Health and Safety Code, and that is linked to onsite or offsite services that
assist the supportive housing resident in retaining the housing, improving his or her
health status, and maximizing his or her ability to live, and when possible, work in the
community. Supportive housing shall be considered a residential use subject to the same
standards as other similar residential uses of the same type in the same zone, based upon
the predominant operating characteristics of the use. Supportive housing does not
include parolee. probationer homes; nor does this definition include commercial
lodging facilities providing prenatal and/or postnatal accommodations.
Transitional housing. Housing configured as rental housing developments, but operated
under program requirements that call for the termination of assistance and recirculation of
the assisted unit to another eligible program recipient at some predetermined future point
in time, which shall be no less than six months, pursuant to Subsection (h) of Section
50675.2 of the California Health and Safety Code. Transitional housing shall be
considered a residential use subject to the same standards as other similar residential uses
of the same type in the same zone, based upon the predominant operating characteristics
of the use. Transitional housing does not include parolee -probationer homes- nor
does this definition include commercial lodging facilities providing prenatal and or
postnatal accommodations.
3. Establish Single -Room Occupancy (SRO) Standards: A single -room occupancy
facility is a multiple tenant building that houses one or two persons in individual rooms.
SRO tenants typically share bathrooms and/or kitchens, while some SRO rooms may
include kitchenettes, bathrooms or half -baths. SROs are a viable housing option for
students, single tenants, empty nester windows/widowers, or others who do not desire
or require large dwellings or private domestic appliances. In the Housing Element, the
City committed to adopting a definition and development standards to encourage the
production of SRO facilities as part of our policy of trying to provide a range of housing
options to the community. The code amendment would conditionally permit such
Page 4
facilities in the I (Light Industry) zone, subject to certain operational and locational
standards.
4. Amend Existing Density Bonus Regulations: In compliance with SB 1818, the
existing density bonus provisions were amended to meet State law encompassing
qualifications, bonus calculation, affordability covenants and other incentives.
Adoption of the attached ordinance will enable the City Clerk to update the Development
Code with the above amendments, and thus codify the commitments set forth in the Housing
Element.
Proposed General Plan Amendment
State law requires that the City's Development Code be consistent with the General Plan,
and therefore the General Plan Land Use Element must be revised to assure that the
Development Code is consistent with the General Plan. The I (Light Industrial) land use
designation in the General Plan Land Use Element, Objective 1.1, Strategy 1.1.4 is being
amended to accommodate the need for emergency shelters and single -room occupancy
housing as identified in the Housing Element.
The following summarizes the current Land Use Strategy 1.1.4 and the recommended
amendment to the strategy in the General Plan. Italicized and underlined texts highlight the
recommended revisions.
Strategies
1.1.4 Areas designated Light Industrial (1) on the General Plan Land Use Map are to
provide for light Industrial, research and development, and office -based industrial firms
seeking a pleasant and attractive working environment, as well as for business support
services, and commercial uses requiring more land area than is available in General
Commercial or Commercial Office areas. This designation also is intended to
accommodate the need for enieraencv shelters and single -room oecu ancv housin- as
identified in the CiiCs Housino Element. These areas will maintain a maximum floor area
ratio of 0.25 to 1.00.
Consistency with the General Plan is achieved when the various land uses within the
Development Code are compatible with the objectives, policies, general pattern of land uses
and programs contained in the General Plan. The proposed amendment implements policies
and programs contained in the City's certified 2008-2014 Housing Element, and therefore is
consistent with the Housing Element goals, policies, and programs as follows:
• Provides adequate housing sites to achieve a variety and diversity of housing by
establishing zoning standards and regulations for emergency shelters and single -room
occupancy housing, and allows transitional/supportive housing to be treated as a
residential use subject to the same requirements as other residential uses of the same
type in the same zone; and
Page 5
• Removes governmental constraints on the development of housing by making
appropriate changes to the existing density bonus provisions to be in compliance with
SB 1818.
Public Comments Received
At the time the staff report was published, staff had not received any comments from the
public.
ENVIRONMENTAL ASSESSMENT:
The proposed amendments to the Development Code and related amendments to the land
use category of the General Plan Land Use Element has been reviewed for compliance with
the California Environmental Quality Act (CEQA). Staff prepared and filed an Initial
Study/Environmental Checklist and Notice of Intent to Adopt Negative Declaration for the
project on March 28, 2013, with the Los Angeles County Clerk and published in the Inland
Valley Daily Tribune and San Gabriel Valley Tribune newspapers, and it is part of this report
(Attachment 6). Pursuant to CEQA Section 15105, the public review period for the Negative
Declaration began on April 3, 2013 and ended on April 22, 2013.
The Initial Study/Environmental Checklist documents reasons to support the findings that the
proposed project would not have any potentially significant impacts on the environment.
NOTICE OF PUBLIC HEARING:
Public hearing notices of at least 1/8 page display were published in the Inland Valley Daily
Tribune and San Gabriel Valley Tribune newspapers on May 24, 2013. Pursuant to Planning
and Zoning Law Government Code Section 65091(a)(3), if the number of property owners to
whom a public hearing notice would be mailed is greater than 1000, a local agency may
provide notice by placing a display advertisement 1/8 page in one newspaper of general
circulation. A copy of the public notice was also posted at the City's three designated
community posting sites.
RECOMMENDATION:
Staff recommends that the City Council adopt the following Resolution and Ordinance
included as Attachments 1 and 2 to adopt amendments to the General Plan Land Use
Element and Development Code - Planning Case No. PL2012-513:
a. Adopt Resolution No. 2013 -XX: Approving General Plan Amendment PL No. 2012-
513 to amend the General Plan Land Use Element, Objective 1.1, Strategy 1.1.4 to
accommodate the need for emergency shelters and single -room occupancy housing in
the I (Light Industrial) land use category; and
b. Approve for First Reading by title only, waive full reading of Ordinance No. XX(2013)
adopting Development Code Amendment PL No. 2012-513, and schedule Second
Reading for June 18, 2013.
Page 6
Prepared by:
upa�-
G e S. Lee
Senior Planner
Reviewed by:
David Doyle
Assistant City Manager
Attachments:
Reviewed by:
Greg Gubman, AICP
Community Development Director
1. Resolution No. 2013 -XX (Approval of Amendment to the General Plan PL2012-513)
2. Ordinance No. XX(2013) (Approval of Amendment to the Development Code PL2012-
513)
3. Planning Commission Staff Report and Minutes Dated April 23, 2013
4. PC Resolution No. 2013-09 (Recommending Approval of GPA)
5. PC Resolution No. 2013-08 (Recommending Approval of DCA)
6. Notice of Negative Declaration and Initial Study/Environmental Checklist
Page 7
Attachment 1
CITY COUNCIL
RESOLUTION NO. 2013 -XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR
ADOPTING THE NEGATIVE DECLARATION AND APPROVING AMENDMENT
TO THE LAND USE ELEMENT OF THE CITY'S GENERAL PLAN TO
ACCOMMODATE THE NEED FOR EMERGENCY SHELTER AND SINGLE -
ROOM OCCUPANCY HOUSING IN THE I (LIGHT INDUSTRIAL) LAND USE
CATEGORY OF THE GENERAL PLAN (PLANNING CASE NO. 2012-513)
A. RECITALS
1. On April 18, 1989, the City of Diamond Bar was established as a duly
organized municipal corporation of the State of California. Thereafter, the
City Council of the City of Diamond Bar adopted its Ordinance No. 14 (1990),
thereby adopting the Los Angeles County Code as the ordinances of the City
of Diamond Bar, Title 21 of the Los Angeles County Code contains the
Subdivision Code of the County of Los Angeles applicable to development
applications within the City of Diamond Bar.
2. On July 25, 1995, the City of Diamond Bar adopted its General Plan. The
General Plan establishes goals, objectives and strategies to implement the
community's vision for its future.
3. The City of Diamond Bar has determined that the existing Land Use Element,
Objective 1.1, Strategy 1.1.4 relating to the Light Industrial land use category
contained within the City of Diamond Bar General Plan required modification
to accommodate the need for emergency shelters and single -room
occupancy housing as identified in the Housing Element. The proposed
amendment implements policies and programs contained in the City's
certified 2008-2014 Housing Element, therefore, is consistent with the
Housing Element goals, policies, and programs in that it provides for
adequate housing sites to achieve a variety and diversity of housing by
establishing zoning standards and regulations for emergency shelter and
single -room occupancy housing.
4. Pursuant to Government Code Section 65090 and 65353, a notice of at least
1/8 page display was published in the Inland Valley Daily Tribune and San
Gabriel Valley Tribune newspapers on May 24, 2013, and a copy of the
public notice was posted at the City's three designated community posting
sites.
5. The proposed action does not constitute a substantial amendment of the
General Plan; accordingly, the provisions of Government Code
Sections 65352 through 65352.5 are inapplicable.
6. Pursuant to the California Environmental Quality Act, California Public
Resources Code Section 21000 et seq. ("CEQA") and CEQA's implementing
guidelines, California Code of Regulations, Title 14, Section 15000 et seq.,
an initial study was prepared and it has been determined that the proposed
project qualifies for a Negative Declaration as the proposed project cannot,
or will not, have a significant effect on the environment. In accordance to the
provisions of Section 15070 of the CEQA Guidelines, the City prepared and
filed a Notice of Availability and Intent to Adopt Negative Declaration for the
project on March 28, 2013, with the Los Angeles County Clerk. Pursuant to
CEQA Section 15105, the public review period for the Negative Declaration
began April 3, 2013, and ended April 22, 2013.
7. On April 23, 2013, the Planning Commission held a duly noticed public
hearing with regard to the General Plan Amendment, Land Use Element,
Objective 1.1, Strategy 1.1.4. After due consideration of public testimony,
staff analysis and the Commission's deliberations, the Planning Commission
determined that the General Plan amendment attached hereto as Exhibit "A"
and incorporated by reference into this Resolution implements the policies
and programs contained in the City's certified 2008-2014 Housing Element,
and adopted Resolution No. 2013-08, recommending City Council adoption
of a Negative Declaration and approval of the proposed General Plan
Amendment.
8. On June 4, 2013, the City Council conducted a duly noticed Public Hearing
regarding the General Plan amendment proposed pursuant to Planning Case
No. PL2012-513, and all interested parties were given opportunity to be
heard.
9. During its meeting of June 4, 2013, the City Council adopted Resolution No.
, adopting a Negative Declaration for the General Plan Amendment
proposed pursuant to Planning Case No. PL2012-513. The approved
General Plan amendment amended Objective 1.1, Strategy 1.1.4 of the Land
Use Element relating to the Light Industrial land use category to specifically
accommodate the need for emergency shelters and single -room occupancy
housing as identified in the Housing Element.
10. The 1995 General Plan remains properly integrated and internally consistent
as required by California Government Code Section 65300.5.
11. All legal prerequisites to the adoption of this Resolution have occurred.
B. RESOLUTION
NOW, THEREFORE, it is found, determined and resolved by the City Council of the
City of Diamond Bar as follows:
1. This City Council hereby specifically finds that all of the facts set forth in the
Recitals, Part A, of this Resolution are true and correct.
2
GP PL2012-513
2. The City Council has independently considered the Initial Study and Negative
Declaration that was made available for public review, and all other oral and
written public comments received prior to or at the public hearing prior to
adopting this Resolution. The City Council finds that the Negative
Declaration reflects the City's independent judgment and analysis. The City
Council hereby determines on the basis of the whole record before it,
including the Initial Study and comments received, that there is no substantial
evidence that the proposed General Plan Amendment will have a significant
effect on the environment, and on that basis, hereby adopt the Negative
Declaration. The record of proceedings on which the City Council's decision
is based is located at the City of Diamond Bar, 21810 Copley Drive, Diamond
Bar, California, Community Development Department/ Planning Division.
The custodian of record of proceedings is the Director of Community
Development.
3. The City Council hereby specifically finds and determines that, having
considered the record as a whole including the findings set forth below, there
is no evidence before this City Council that the General Plan Amendment
proposed herein will have the potential of an adverse effect on wildlife
resources or the habitat upon which the wildlife depends. Based upon
substantial evidence, this Planning Commission hereby rebuts the
presumption of adverse effects contained in Section 753.5(d) of Title 14 of
the California Code of Regulations.
4. The City Council hereby finds and determines that the General Plan
Amendment is consistent and compatible with and implements the goals,
objectives and strategies of the City of Diamond Bar General Plan.
Accordingly, the City Council hereby approves the General Plan Amendment
attached hereto as Exhibit "A".
The City Clerk shall:
(a) Certify to the adoption of this Resolution.
APPROVED AND ADOPTED THIS 4th OF JUNE, 2013 BY THE CITY COUNCIL OF THE
CITY OF DIAMOND BAR.
Jack Tanaka, Mayor
I, Tommye Cribbins, City Clerk of the City of Diamond Bar, do hereby certify that the
foregoing Resolution was duly introduced, passed, and adopted by the City Council of the
City of Diamond Bar, at a regular meeting of the City Council held on the 4th day of June,
2013, by the following vote:
3
GP PL2012-513
AYES: Council Member:
NOES: Council Member:
ABSENT: Council Member:
ABSTAIN: Council Member:
ATTEST:
Tommye Cribbins, City Clerk
City of Diamond Bar
0
GP PL2012-513
CITY OF DIAMOND BAR
GENERAL PLAN AMENDMENT (PLANNING CASE NO. PL2012-513)
The Diamond Bar General Plan, Land Use Element, Objective 1. 1, Strategy 1. 1.4 is
amended to read as follows (deletions shown in strikeout text; additions shown in
bold/underline text):
1.1.4 Areas designated Light Industrial (1) on the General Plan Land Use Map
are to provide for light industrial, research and development, and office -based
industrial firms seeking a pleasant and attractive working enviromnent, as well as for
business support services, and commercial uses requiring more land area than is
available in General Commercial or Commercial Office areas. This designation also
is intended to accommodate the need for emergency shelters and single -room
occupancy housing as identified in the City's Housing Element. These areas will
maintain a maximum floor area ratio of 0.25 to 1.00.
921939.1
Attachment 2
CITY COUNCIL
ORDINANCE NO. XX(2013)
AN ORDINANCE AMENDING TITLE 22 OF THE DIAMOND BAR
MUNICIPAL CODE SECTION REGARDING EMERGENCY SHELTERS,
TRANSITIONAL AND SUPPORTIVE HOUSING, SINGLE ROOM
OCCUPANCY HOUSING, AND DENSITY BONUSES.
A. RECITALS
THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA,
HEREBY FINDS AND DETERMINES AS FOLLOWS:
1. Pursuant to Planning Case No. PL2012-513, the City of Diamond Bar has
initiated proposed amendments to the Land Use Element of the City of Diamond Bar
General Plan and to the Development Code (Title 22 of the Diamond Bar Municipal
Code) in order to implement policies and programs contained in the Housing Element of
the City of Diamond Bar General Plan.
2. Pursuant to the California Environmental Quality Act, California Public
Resources Code Section 21000 et seq. ("CEQA") and CEQA's implementing guidelines,
California Code of Regulations, Title 14, Section 15000 et seq., an initial study for the
General Plan and Development Code amendments proposed pursuant to Planning
Case No. PL2012-513 was prepared and it has been determined that the proposed
project qualifies for a Negative Declaration as the proposed project cannot, or will not,
have a significant effect on the environment. In accordance to the provisions of Section
15070 of the CEQA Guidelines, the City prepared and filed a Notice of Availability and
Intent to Adopt Negative Declaration for the project on March 28, 2013, with the Los
Angeles County Clerk. Pursuant to CEQA Section 15105, the public review period for
the Negative Declaration began April 3, 2013, and ended April 22, 2013.
3. On April 23, 2013, the Planning Commission conducted a duly noticed
Public Hearing regarding the General Plan and Development Code amendments
proposed pursuant to Planning Case No. PL2012-513 and adopted Resolution Nos.
2013-08 and 2013-09 respectively, recommending City Council adoption of a Negative
Declaration and approval of the proposed General Plan and Development Code
amendments.
4. On June 4, 2013, the City Council conducted a duly noticed Public
Hearing regarding the General Plan and Development Code amendments proposed
pursuant to Planning Case No. PL2012-513, and all interested parties were given an
opportunity to be heard.
921912.2
5. During its meeting of June 4, 2013, the City Council adopted Resolution
No. , adopting a Negative Declaration for the General Plan and Development
Code amendments proposed pursuant to Planning Case No. PL2012-513 and
approving the proposed amendments to the General Plan Land Use Element. The
approved General Plan amendment amended Objective 1.1, Strategy 1.1.4 of the Land
Use Element relating to the Light Industrial land use category to specifically
accommodate the need for emergency shelters and single -room occupancy housing as
identified in the Housing Element.
B. ORDINANCE
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR,
CALIFORNIA, DOES ORDAIN AS FOLLOWS
SECTION 1. Subsection (7) of Section 22.10.020 of Chapter 22.10 of Title 22 of the
Diamond Bar Municipal Code is amended to read as follows:
"(7) 1(light industry) district. The I zoning district is applied to areas appropriate for light
industrial/manufacturing uses including research and development, office -based
industrial uses in an "industrial park" setting, business support services, and commercial
uses requiring larger sites than are available in the commercial zoning districts. The
allowable floor area ratio for nonresidential development shall be from 0.25 to 1.00. The
I zoning district is consistent with the light industrial land use category of the general
plan and intended to accommodate the need for emergency shelter and single -room
occupancy housing identified in the City's Housing Element."
SECTION 2. Table 2-6 of Section 22.10.030 of Chapter 22.10 of Title 22 of the Diamond
Bar Municipal Code is amended to add a new "Miscellaneous" Land Use Category to
the current list of uses, to be placed in alphabetical order, as follows:
E
Permit Requirement by District
LAND USE (1)
C-1
C-2
C-3
1
See
Standards
in Section:
MISCELLANEOUS
Emergency
P
22.42.150
Shelters
Single -Room
C
22.42.160
Occupancy
Housing
E
SECTION 3. Section 22.18.010 of Chapter 22.18 of Title 22 of the Diamond Bar
Municipal Code is amended in its entirety to read as follows:
22.18.010. — Affordable Housing Incentives/Density Bonus Provisions.
A. Purpose. The purpose of this section is to implement the incentive programs
provided in the State density bonus regulations (Government Code Sections
65915 through 65918) in order to provide additional opportunities for the
provision of affordable housing within the City of Diamond Bar.
B. Applicability. This Section applies to any residential development of five or more
units, or 35 or more units for a senior housing project, when an applicant
proposes a density increase above the maximum residential density. This
section also applies to density bonuses for land donations in accordance with
Government Code Section 65915. In exchange for the density, a portion of the
units shall be reserved for lower income households, senior households, or
moderate income households (in a common interest development) as provided
in this Section. All such projects shall be subject to development review
requirements of this Title. This section shall be interpreted in a manner
consistent with the State density bonus regulations (Government Code Sections
65915 through 65918), as they may be amended from time to time.
C. Definitions. The following definitions apply to this Section 22.18.010:
1. Affordable housing costs are defined in California Health and Safety Code
Sections 50052.5 and 50053.
2. Area Median Income in Diamond Bar is the median income according to
the U.S. Census Bureau, annually adjusted by the Consumer Price Index
for all urban consumers in the Los Angeles -Anaheim -Riverside Area, as
prepared by the U.S. Bureau of Labor Statistics to the current year.
3. Lower income is defined in California Health and Safety Code Section
50079.5,
4. Moderate income is defined in California Health and Safety Code Section
50093.
5. Very low income is defined in California Health and Safety Code Section
50105.
D. Determination of Density Bonus. Qualified projects that meet the eligibility
requirements set forth in this section shall be granted a density bonus as
outlined below.
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1. In all density calculations, fractional units shall be rounded up to the next
whole number.
2. The density bonus units shall not be included when determining the
percentage of affordable units.
3. The developer can request a smaller density bonus than the project is entitled
to, but no reduction shall be permitted in the number of required affordable
units.
4. Unless otherwise specified, each residential development is entitled to only
one density bonus, and density bonuses from more than one category may
not be combined.
5. The granting of a density bonus and/or related concession(s) or incentive(s)
shall not be interpreted, in and of itself, to require a general plan amendment,
zone change, or other discretionary approval.
6. Pursuant to California Government Code Section 65915.5,
condominium/apartment conversions are not eligible for a density bonus if the
original residential development received a density bonus or other
concessions or incentives in accordance with California Government Code
Section 65915 and/or applicable local law.
TABLE 3-16
MAXIMUM DENSITY BONUS BASED ON AFFORDABLE UNITS PROVIDED
EI
Minimum
Affordable
Maximum
Set -Aside
Each
Units
Bonus
Bonus
Income Group
of
Additional
Needed to
Granted
under
Affordable
1% adds:
Reach
Units
State Law
Maximum
Bonus
Very Low Income
5%
20%
2.5%
35%
11%
Lower Income
10%
20%
1.5%
359/6
20%
Moderate Income
(Common Interest
10%
5%
1.0%
35%
40%
Development Only)
Senior Citizen Housing
100%(35-
20%
20%
NA
Development
unit
EI
TABLE 3-17
EXAMPLE DENSITY BONUS CALCULATION
minimum
project
size)
Lower Income
Moderate
Senior Housing
Land Donation (very low
Income
Initial Project
20 units
income projects only)
10%
15%
1%
35%
30%
25% (or
5%
10%
10%
100%
Density Bonus
incentive of
20%
5%
20%
Qualified
33% low -to-
equivalent
Total Project
Condominium/Apartment
24 units
financial
42 units
Units
Conversions (Pursuant to
moderate
value
Distribution of
1 Very Low
2 Lower Income
California Government
income
Pursuant to
NA
25%
NA
Code Section 65915.5).
15% very
CA Govt
Market -Rate
low income
Code
Section
65915.5)
TABLE 3-17
EXAMPLE DENSITY BONUS CALCULATION
E. Specific Requirements.
1. Senior Citizen Housing Requirements.
Very Low
Lower Income
Moderate
Senior Housing
Income
Income
Initial Project
20 units
20 units
20 units
35 units
Size
Affordable Units
5%
10%
10%
100%
Density Bonus
20%
20%
5%
20%
Qualified
Total Project
24 units
24 units
21 units
42 units
Units
Distribution of
1 Very Low
2 Lower Income
2 Moderate
42 units
Project Units
Income 23
22 Market -Rate
Income 19
Market -Rate
Market -Rate
E. Specific Requirements.
1. Senior Citizen Housing Requirements.
a. Senior citizen housing development projects shall have a minimum of 35
units and shall meet the requirements described in Section 51.3 of the
California Civil Code or any successor statute or regulation.
b. Mobile home parks shall limit residency based on age requirements for
housing for older persons pursuant to Section 798.76 or 799.5 of the
California Civil Code, or any successor statute or regulation.
2. Land Donation Requirements. An applicant for a tentative map, parcel map or
any other discretionary approval required to construct a residential
development in the City shall receive a 15 percent density bonus for the
residential development when the applicant donates land to the City as
provided in this Chapter. This 15 percent bonus shall be in addition to any
other density bonus provided for in this Section, up to a total combined
density bonus of 35 percent. Applicants are eligible for the 15 percent land
donation density bonus if all of the following conditions are met:
a. The developer shall donate and transfer land to the City prior to approval
of the final map or other discretionary approval required for the residential
development.
b. The transferred land shall have the appropriate acreage and General Plan
and Zoning designation to permit development of affordable housing for
very low income households.
c. The transferred land shall be at least one acre or of sufficient size to
permit development of at least 40 residential units.
d. The transferred land shall be served by adequate public facilities and
infrastructure.
e. The transferred land and the very low income units constructed shall have
a deed restriction recorded with the County Recorder, to ensure continued
affordability of the units. The deed restriction shall be recorded on the
property at the time of dedication.
f. The transferred land shall be conveyed in fee simple to the City or to a
housing developer approved by the City.
g. The transferred land shall be within the boundary of the proposed
residential development, or no more than approximately one-quarter mile
from the boundary of the qualified project, if the City so approves.
C
h. No later than the date of approval of the final map or other discretionary
approval required for the residential development, the transferred land
shall have all of the permits and approvals, other than building permits,
necessary for the development of the very low income housing units on
the transferred land.
3. Child Care Facility Requirements
a. The City shall grant either of the following to a density bonus project that
includes a child care facility located on the premises of, or adjacent to, the
project:
L An additional density bonus in an amount equivalent to the
square footage of the childcare facility; or
ii. An additional concession or incentive that contributes
significantly to the economic feasibility of the construction of the
child care facility.
b. In order to receive the additional child care density bonus, the project shall
comply with the following requirements:
The child care facility shall remain in operation for a period of
time that is as long as, or longer, than the period of time during
which the density bonus units are required to remain affordable.
ii. Of the children who attend the child care facility, the percentage
of children of very low income, low income, or moderate income
households shall be equal to, or greater than, the percentage of
affordable units required to be set aside for each such group.
c. Notwithstanding any requirement of this Section, the City shall not be
required to provide a density bonus or concession for a child care facility if
it finds, based upon substantial evidence, that the community already has
adequate child care facilities.
F. Standards. A density bonus shall only be granted in conjunction with a
Development Review Permit and shall only be granted if all of the following
conditions are met:
1. The housing costs of units made available to qualifying households must
not exceed the limits of affordability established pursuant to Section
50052.5 and 50053 of the California Health and Safety Code, as amended.
Determinations of affordability for housing made available for sale or rent to
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qualifying households shall be governed by the regulations set forth in Title
25, Section 6910 et seq., of the California Code of Regulations, as
amended.
2. Housing units made available to qualifying households must remain
available to such households, at affordable rates, for a minimum of thirty
(30) years, or such longer period of time specified in loan agreements or
subsidy programs associated with the development project.
3. Prior to issuance of any building permit for the project as a whole, the
developer shall enter into and record an affordable housing agreement with
the City of Diamond Bar, in a form approved by the City, to be recorded
and to run with the land, further describing conditions and covenants
affecting the building, including, but not limited to:
i. The number of and duration of the affordability for the affordable
units;
ii. The method in which the developer and the city are to monitor
the affordability of the subject affordable units and the eligibility
of the tenants or owners of those units over the period of the
agreement;
iii. The method in which vacancies will be marketed and filled;
iv. A description of the location and unit type (bedrooms, floor area,
etc.) of the affordable units within the project; and
V. Standards for maximum qualifying household incomes and
standards for maximum rents or sales prices.
4. The developer shall verify income data for each qualifying household for
the purpose of establishing eligibility and affordable housing costs.
5. Housing units which are made available to qualifying households shall be
constructed so as to resemble and be compatible with all other units in the
same development. Affordable units shall be constructed concurrently with
the market -rate units and be dispersed throughout the project, unless both
the City Council and developer agree to an alternative construction
schedule and distribution pattern.
G. Concessions or Incentives. In compliance with State law, developers that
request a density bonus to provide on-site affordable housing are also eligible to
receive up to three (3) concessions or incentives, based on the type and scope
of the project, as follows:
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Target Group
Target Units
Very Low Income
5%
10%
15%
Lower Income
10%
20%
30%
Moderate Income (Common Interest Development Only)
10%
20%
30%
Concessions/Incentives *
1
2
3
*Child care facility: When a qualified project includes a child care facility, the applicant shall be
entitled to receive one additional incentive.
1. The review authority shall approve a requested concession or incentive for a
proposed project that the developer satisfactorily demonstrates will result in
identifiable, financially sufficient, and actual project cost reductions, unless the
review authority makes a written finding, based on substantial evidence, of any of
the following:
a. The concession or incentive is not required in order to provide
for affordable housing costs or for rents for the targeted units to be set aside;
b. The concession would have a specific adverse impact, as
defined in Section 65589.5(d)(2) of the California Government Code, upon public
health and safety or the physical environment or on any real property that is
listed in the California Register of Historical Resources and for which there is no
feasible method to satisfactorily mitigate or avoid the specific adverse impact
without rendering the development unaffordable to low- and moderate -income
households; or
c. The concession would be contrary to State or Federal law.
2. Menu of Concessions/Incentives. Concessions or Incentives that a developer
may request include those of the type set forth in subsection (k) of Section 65915
of the California Government Code, including the following:
a. Relaxation or other modification of zoning standards regulating such items
as setbacks height limitations, distances between buildings, required
parking, parking development standards, projections into yards, and the
like, which result in identifiable, financially sufficient, and actual cost
reductions. No separate variance application will be required for any
modification of standards. However, the approved plans and application
.61
shall identify the zoning standards modifications which have been
incorporated into the project.
b. Modification of architectural regulations ordinarily applied to a residential
development project.
c. Regulatory concessions resulting in identifiable, financially sufficient, and
actual cost reductions, including, but not limited to, fee waivers, expedited
permit processing and reduction of off-site improvements.
d. The assignment of Section 8 housing assistance payments, as available,
to the applicants for the targeted housing units.
e. Other regulatory incentives or concessions proposed by the developer or
the City, which result in identifiable, financially sufficient, and actual project
cost reductions.
3. Parking Incentives.
A. Notwithstanding any other provision of this Title, if requested by the developer,
the minimum number of off-street parking spaces, inclusive of handicapped and guest
parking spaces, required to be provided for all units within a qualifying density bonus
housing development shall be as follows:
Number of Bedrooms Required Parking Spaces per Unit
0 to 1 bedroom 1
2 to 3 bedrooms 2
4 or more bedrooms 2.5
If the total number of spaces required results in a fractional number, it
shall be rounded up to the next whole number.
H. Project Review Procedures. All project applications for which a density bonus is
being requested shall be subject to the issuance of a Development Review
Permit; provided, further, that the following additional project review procedures
shall be imposed:
1. A pre -application shall be made by the project applicant, and the project
applicant and the City shall conduct a pre -application meeting. The
purpose of the pre -application and pre -application meeting will be to
review any preliminary development plans prepared by the developer and
to discuss the additional project concessions or incentives sought by the
developer.
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2. In accordance with California Government Code Section 65915, and in
addition to the concessions/incentives provided for in Subsection G above,
a developer may request a waiver or modification of any development
standard that the developer can demonstrate physically precludes the
construction of the development at the allowable density and/or with the
incentives permitted in this Section. If the City finds that the development
standard physically precludes the construction of a development that
would otherwise be permitted under this Section, the City may only deny
the request for waiver or modification if it finds that:
i. The waiver/modification would have a specific, adverse impact
upon the health, safety or the physical environment, or on any real
property that is listed in the California Register of Historical
Resources, and there is no feasible method to satisfactorily mitigate
or avoid the specific adverse impact; or
ii. The waiver or modification would be contrary to State or Federal
law.
3. No special application for density bonus shall be required. However, the
request for a density bonus and proposals for concessions/incentives or
waivers/modifications of development standards, shall be made in writing
at the time of filing the Development Review application and shall be
processing in conjunction with the underlying application. The request
shall identify the specific density bonus, concessions/incentives
requested, and any development standards to be waived/modified. In
addition, for all concessions/incentives requested, the developer/applicant
shall provide the City with detailed financial statements and/or other
evidence that the requested concessions/incentives will result in
identifiable, financially sufficient, and actual project cost reductions. Upon
approval of a housing development project pursuant to this Section, the
Planning Division shall note in the project record that a density bonus has
been granted, and the approved plans and application shall identify all
concessions and incentives and/or waivers and modifications granted and
any special conditions imposed on the project to ensure unit affordability.
SECTION 4. A new Section 22.42.150 is added to Chapter 22.42 of Title 22 of the
Diamond Bar Development Code to read as follows:
Section 22.42.150. Emergency Shelters.
In addition to other applicable standards set forth in this Code, emergency shelters shall
also be subject to the following development standards:
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1. Each resident shall be provided a minimum of 50 gross square feet of personal
living space per person, not including space for common areas. In no case shall
occupancy exceed 30 residents at any one time. Bathing facilities shall be provided in
quantity and location as required in the California Plumbing Code (Title 24 Part 5), and
shall comply with the accessibility requirements of the California Building Code (Title 24
Part 2).
2. Off-street parking shall be provided as set forth in Chapter 22.30, except that the
number of off-street parking spaces provided shall be one (1) parking space per four (4)
adult beds, plus one space for each employee on the largest shift. Notwithstanding this
requirement, the required number of off-street parking spaces shall not exceed the
spaces required for similar uses of the same size in the I zone.
3. Outdoor activities such as recreation, drop-off and pick-up of residents, or similar
activities may be conducted at the facility. Staging for drop-off, intake, and pickup shall
take place inside a building, at a rear or side entrance, or inner courtyard. Emergency
shelter plans must show the size and location of any proposed waiting or resident intake
areas, interior or exterior.
4. Prior to commencing operation, the emergency shelter provider shall prepare and
file with the City, for review and approval of the Director of Community Development, a
written management and operations plan. The management and operations plan shall
include, without limitation, hours of operation, staffing levels, provisions for staff training,
resident identification process, maximum length of stay, neighborhood outreach,
policies regarding pets, the timing and placement of outdoor activities, temporary
storage of residents' personal belongings, safety and security, loitering control,
management of outdoor areas, screening of residents to ensure compatibility with
services provided at the facility, and training, counseling and social service programs for
residents, as applicable.
5. No more than one emergency shelter is permitted within a radius of three
hundred (300) feet from another emergency shelter.
6. Individual occupancy in an emergency shelter is limited to six months total in any
12 month period.
7. Exterior lighting shall be provided at all building entrances and outdoor activity
areas, and shall be activated between sunset and sunrise of each day. All exterior
lighting shall comply with Section 22.16.050.
8. Each emergency shelter shall have an on-site management office, with at least
one employee on duty at all times the emergency shelter is in operation or is occupied
by at least one resident.
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9. Each emergency shelter shall have on-site security employees, with at least one
security employee on duty at all times the emergency shelter is in operation or is
occupied by at least one resident.
10. Facilities must provide a storage area for refuse and recyclables that is enclosed
by a six-foot high landscape screen, solid wall or fence, which is accessible to collection
vehicles on one side. It must be large enough to accommodate the number of bins that
are required to provide the facility with sufficient service so as to avoid the overflow of
material outside of the bins provided.
11. The emergency shelter facility may provide one or more of the following specific
facilities and services, including but not limited to:
a. Commercial kitchen facilities designed and operated in compliance with the
California Retail Food Code;
b. Dining area;
C. Laundry;
d. Recreation room;
e. Support services (e.g., training, counseling); and
f. Child Care Facilities
12. Applications for emergency shelters shall be submitted to the Community
Development Director, and if the application meets all applicable standards, including
design, development, and any other state or local requirement, the application shall be
approved ministerially by the Director. The Director may not disapprove an application
for an emergency shelter unless he or she makes written findings, based upon
substantial evidence in the record, as to one of the following:
(1) The City has met or exceeded the need for emergency shelters as identified in
the Housing Element, and that the disapproval is not based on any of the reasons
prohibited by California Government Code Section 65008.
(2) The emergency shelter would have a specific, adverse impact upon the public
health or safety, and there is no feasible method to satisfactorily mitigate or avoid the
specific adverse impact without rendering the development of the emergency shelter
financially infeasible. As used in this paragraph, a "specific, adverse impact" means a
significant, quantifiable, direct, and unavoidable impact, based on objective, identified
written public health or safety standards, policies, or conditions as they existed on the
date the application was deemed complete.
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(3) The denial of the project or imposition of conditions is required in order to comply
with specific state or federal law, and there is no feasible method to comply without
rendering the development of the emergency shelter financially infeasible.
(4) The emergency shelter is proposed on land zoned for agriculture or resource
preservation that is surrounded on at least two sides by land being used for agricultural
or resource preservation purposes, or which does not have adequate water or
wastewater facilities to serve the project.
(5) The emergency shelter is inconsistent with both the Development Code and
General Plan land use designation as specified in any element of the general plan as it
existed on the date the application was deemed complete, and the jurisdiction has
adopted a revised housing element in accordance with Government Code Section
65588 that is in substantial compliance with state law.
SECTION 5. A new Section 22.42.160 is added to Chapter 22.42 of Title 22 of the
Diamond Bar Development Code to read as follows:
22.42.160. Single -Room Occupancy Housing (SRO).
Single -Room Occupancy Housing shall conform to the following standards:
i. The minimum size of a unit shall be 150 square feet and the maximum shall be
375 square feet, which may include bathroom and kitchen facilities, and shall be
limited to maximum two persons per unit.
ii. Each unit shall be provided a kitchen sink with a garbage disposal, serviced with
hot and cold water, and a counter top measuring a minimum of 18 inches wide by
24 inches deep. If each individual unit is not provided with a minimum of a
refrigerator and a microwave oven, a complete kitchen facility consisting of a
range, sink with garbage disposal, and refrigerator shall be provided on each
floor of the structure for residents.
iii. For each unit a private toilet in an enclosed compartment with a door shall be
provided. This compartment shall be a minimum of 20 square feet. If private
bathing facilities are not provided for each unit, shared shower or bathtub
facilities shall be provided at a ratio of one for every seven units. The shared
shower or bathtub facility shall be on the same floor as the units it is intended to
serve and shall be accessible from a common area or hallway. Each shared
shower or bathtub facility shall be provided with an interior lockable door.
iv. Twenty -four-hour on-site management shall be provided at an SRO. The
applicant shall provide a copy of the proposed rules and residency requirements
governing the SRO. The management shall be solely responsible for the
enforcement of all rules that are reviewed and approved by the City as part of the
Conditional Use Permit.
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V. A Management Plan to address operations, safety and security and building
maintenance shall be submitted to the Director of Community Development for
review and approval prior to issuance of Certificate of Occupancy.
vi. Off-street parking shall be provided as set forth in Chapter 22.30, except that the
number of off-street parking spaces provided shall be one parking spaces per
unit, plus two parking spaces for on-site management.
vii. The building shall contain a minimum of 250 square feet of common space such
as recreation areas, lounges, and living spaces. An additional 10 square feet of
common space is required per rooming unit over 11 units. Shared bathroom
facilities, laundries, hallways, the main lobby, vending areas and shared kitchens
shall not be counted as common space.
viii. If laundry facilities are not provided in each unit, common laundry facilities shall
be provided on-site.
ix. Garbage disposal and receptacles are to be provided by the property owner as
set forth under Chapter 8.16 of Title 8. Garbage receptacles shall be located on
the property in a manner that does not hinder access to any required off-street
parking or loading spaces.
X. No more than one single room occupancy development is permitted within a
radius of one-quarter mile (1,320 feet) from another single room occupancy
development.
SECTION 6. Section 22.48.040 of Chapter 22.48 of Title 22 of the Diamond Bar
Municipal Code is amended to add a new subsection (7) to read as follows:
(7) For projects utilizing the affordable housing density bonus provisions in Section
22.18.010, the proposed project meets the requirements of Section 22.18.010.
SECTION 7. The alphabetical list of definitions in Section 22.80.020 of Chapter 22.80 of
Title 22 of the Diamond Bar Municipal Code is amended to add the following definitions
to read as follows:
Emergency shelter. A facility that provides housing with minimal supportive services for
homeless persons or families that is limited to occupancy of six months or less by a
homeless person.
Single -Room Occupancy Housing (SRO). A multi -tenant facility, other than a group
home or group residential facility, providing individual secure rooms for one or two
person households as their primary residence, which may have individual or shared
kitchen and/or bathroom facilities. SRO units are rented on a monthly basis or longer.
Supportive housing. Housing configured as rental housing developments with no limit
on length of stay, that is occupied by the target population as defined in Section
50675.14 of the California Health and Safety Code, and that is linked to onsite or offsite
15
services that assist the supportive housing resident in retaining the housing, improving
his or her health status, and maximizing his or her ability to live, and when possible,
work in the community. Supportive housing shall be considered a residential use
subject to the same standards as other similar residential uses of the same type in the
same zone, based upon the predominant operating characteristics of the use.
Supportive housing does not include parolee -probationer homes; nor does this
definition include commercial lodging facilities providing prenatal and/or
postnatal accommodations.
Transitional housing. Housing configured as rental housing developments, but operated
under program requirements that call for the termination of assistance and recirculation
of the assisted unit to another eligible program recipient at some predetermined future
point in time, which shall be no less than six months, pursuant to Subsection (h) of
Section 50675.2 of the California Health and Safety Code. Transitional housing shall be
considered a residential use subject to the same standards as other similar residential
uses of the same type in the same zone, based upon the predominant operating
characteristics of the use. Transitional housing does not include parolee -
probationer homes; nor does this definition include commercial lodging facilities
providing prenatal and/or postnatal accommodations.
SECTION 8. ENVIRONMENTAL REVIEW. City Council Resolution No.
adopting a Negative Declaration for the General Plan and Development Code
amendments proposed pursuant to Planning Case No. PL2012-513 is hereby
incorporated herein by reference with the same force and effect as if set forth in full.
SECTION 9. GENERAL PLAN CONSISTENCY. The City Council hereby finds and
determines that the amendments to the Development Code made pursuant to this
Ordinance are internally consistent with the City of Diamond Bar General plan and other
adopted goals and policies of the City. The Housing Programs identified in Section V -B
of the 2008-2014 adopted Housing Element provide for the City to amend the
Development Code to implement the provisions of Senate Bill (SB) 2 and Senate Bill
(SB) 1818. Specifically, in accordance with SB 2, Housing Program No. 12 provides that
the City will develop specific development standards for emergency shelters and identify
a zone in which such facilities are permitted by right and will clarify that transitional and
supportive housing are residential uses subject to the same standards as other
residential uses of the same type in the same zone. Section V -B of the Housing
Element also provides that it is the policy of the City to provide adequate housing sites
to achieve a variety and diversity of housing, including providing zoning to encourage
and facilitate low-cost options such as single -room occupancy housing. Objective 1.1,
Strategy 1.1.4 of the Land Use Element relating to the Light Industrial land use
designation provides that the Light Industrial (1) land use designation is intended to
accommodate the need for emergency shelters and single -room occupancy housing as
16
identified in the City's Housing Element. This Ordinance amends the Development
Code to include specific development standards for emergency shelters and single -
room occupancy housing and to permit and/or conditionally permit such uses in the I
(Light Industry) zoning district, which corresponds to the Light Industrial land use
designation in the Land Use Element. In addition, in accordance with SB 1818, Housing
Program No. 14 provides that the City will consider appropriate changes to the density
bonus provisions of the Development Code to address the provisions of SB 1818. This
Ordinance amends the provisions of the Development Code pertaining to density bonus
housing developments to be consistent with the provisions of SB 1818 and related State
law.
SECTION 10. SEVERABILITY. If any part or provision of this Ordinance or the
application to any person or circumstance is held invalid, the remainder of this
Ordinance, including the application of such part of provision to other persons or
circumstances, shall not be affected and shall continue in full force and effect. To this
end, the provisions of this Ordinance are severable.
SECTION 11. PUBLICATION. The City Clerk shall certify as to the passage and
adoption of this ordinance and shall cause the same, or a summary thereof, to be
published and posted pursuant to the provisions of law.
SECTION 12. EFFECTIVE DATE. This ordinance shall go into effect and be in full
force and operation from and after thirty (30) days after its final passage and adoption.
PASSED, APPROVED AND ADOPTED THIS 4T" DAY OF JUNE 2013, BY THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR.
M
Jack Tanaka, Mayor
I, Tommye Cribbins, City Clerk of the City of Diamond Bar, do hereby certify that the
foregoing Ordinance was duly introduced at a regular meeting of the City Council of the
City of Diamond Bar held on the 4th day of June, 2013 and was finally passed at a
regular meeting of the City Council held on the 18th day of June, 2013, by the following
vote:
17
ATTEST:
AYES: Council Members:
NOES: Council Members:
ABSENT: Council Members:
ABSTAIN: Council Members:
Tommye Cribbins, City Clerk
City of Diamond Bar
im
Attachment 3
PLANNING COMMISSION
AGENDA REPORT
CITY OF DIAMOND BAR - 21810 COPLEY DRIVE - DIAMOND BAR, CA 91765 - TEL. (909) 839-7030 - FAX (909) 861-3117
AGENDA ITEM NO. 7.3
MEETING DATE: April 23, 2013
CASE/FILE NUMBER: Implementation of 2008-2014 Housing Element —
Amendments to Title 22 of the Diamond Bar
Municipal Code ("Development Code") and
Related Amendment to the General Plan Land
Use Element (Planning Case No. PL2012-513)
PROJECT LOCATION: Citywide
APPLICATION REQUEST: To amend the following sections of Title 22 of the
Diamond Bar Municipal Code: 22.10, 22.18,
22.42, 22.48 and 22.80, add the following
sections: 22.42.150 and 22.42.160; and amend
General Plan Land Use Element, Objective 1.1,
Strategy 1.1.4
APPLICANT: City of Diamond Bar Community Development
Department
Summary
The City of Diamond Bar proposes to amend certain sections of the Development Code
and General Plan Land Use Element in order to implement policies and programs
contained in the City's certified 2008-2014 Housing Element. These amendments fall
into the following three categories:
1. Establishment of zoning standards for emergency shelters and
transitional/supportive housing to be in compliance with Senate Bill 2 (SB 2).
The proposed Development Code Amendment (i) establishes the I (Light
Industry) zone to be the zoning district in which emergency shelters may be
established by right; and (ii) affirms SB 2's mandate that transitional/supportive
housing shall be treated as a residential use subject only to the same
requirements as other residential uses of the same type in the same zone. The I
(Light Industrial) land use category of the General Pian Land Use Element would
922624.1
also be amended to accommodate the need for emergency shelter identified in
the Housing Element;
2. Establishment of zoning regulations for single -room occupancy (SRO) housing.
The Development Code Amendment identifies the I (Light Industry) zone to allow
housing for single -room occupancy units with a conditional use permit. The I
(Light Industrial) land use category of the General Plan Land Use Element would
be amended to accommodate the need for single -room occupancy housing
identified in the Housing Element; and
3. Amendment to existing density bonus provisions to be in compliance with Senate
Bill 1818.
No development is currently proposed in connection with this Development Code
Amendment. All of the proposed amendments are implementation actions of the City's
2008-2014 Housing Element and are necessary in order for the City to ensure
continued conformance with state law.
After holding the public hearing, staff recommends that the Planning Commission
recommend approval of amendments to the I (Light Industrial) land use category of the
General Plan Land Use Element and to certain sections of the Development Code —
Planning Case No. PL2012-513 — to the City Council, by adopting the attached
resolutions.
BACKGROUND:
On January 18, 2011, the California Department of Housing and Community
Development (HCD) certified the City of Diamond Bar's 2008-2014 Housing Element,
affirming that it is in compliance with state law.
The City Council subsequently adopted the Housing Element on April 19, 2011. The
adopted Housing Element commits the City to making the following amendments to the
General Plan and Municipal Code:
• Identify a land use category in the General Plan Land Use Element where
emergency shelters and single -room occupancy housing can be accommodated
in order to provide adequate housing sites to achieve a variety and diversity of
housing;
• Identify a zone where emergency shelters may be established, create specific
development standards that will apply to emergency shelters and establish that
transitional and supportive housing is a residential use subject to the same
requirements as other residential uses of the same type in the same zone to be
in compliance with SB 2;
Page 2 of 7
922624.1
• Identify a zone where single -room occupancy housing may be established,
create definition, development standards and procedures for single -room
occupancy (SRO) facilities; and
• Make appropriate changes to the existing density bonus provisions to be in
compliance with SB 1818.
ANALYSIS:
Adoption Process
Before the City Council may adopt a resolution to amend the General Plan and an
ordinance to amend the Development Code, the Planning Commission must first
conduct a public hearing to consider the proposed amendments. The Commission then
forwards its recommendations via a resolution advising the Council whether or not the
proposed amendments should be adopted.
Proposed Development Code Amendments
1. Establish Emergency Shelter Standards: As required by SB 2 (Housing
Accountability Act of 2007), the City has committed to amend the Development
Code to designate a zone where emergency shelters may be established "by
right' (i.e., without a conditional use permit or other discretionary approval) in at
least one zoning district, subject to locational and operational standards as
permitted by law. An emergency shelter is a facility that provides shelter to
homeless families and/or individuals on a limited, short-term basis, typically six
months or less. Under SB 2, the emergency shelters covered in this zoning
provision are permanent year-round shelters for the homeless, not temporary
emergency shelters set up at a school gym or church, for instance, in response
to some kind of emergency situation such as natural disaster. The Development
Code amendment would permit such facilities in the I (Light Industry) zone by
right, subject to operational and locational standards. The I zone is large enough
to accommodate emergency shelters and would provide access to transit
facilities necessary for emergency shelter occupants. Under the proposed
ordinance, an emergency shelter facility shall not be located within 300 feet of
any other emergency shelter in order to avoid overconcentration of such facilities.
Staff recommends that the City designate the I (Light Industry) zone as the
appropriate location for emergency shelters.
2. Establish Transitional and Supportive Housing Standards: As required by
SB 2, the City has committed to amending the Development Code to allow
transitional and supportive housing subject to only those requirements which
apply to other residential uses of the same type in the same zone. Transitional
housing is temporary (typically six months to two years) housing for homeless
individuals or families who are transitioning to permanent housing. Transitional
housing often includes a supportive services component, such as job skills
Page 3 of 7
922624. L
training, or rehabilitation counseling, to allow individuals to gain necessary life
skills in support of independent living. Supportive housing may be permanent
and includes services to assist residents with their daily necessities. The
proposed ordinance would add definitions of supportive and transitional housing
to the Development Code. Supportive and transitional housing would not
constitute separate land use categories; rather, housing facilities falling within
these definitions would be considered residential uses subject to the same
standards as other similar residential uses of the same type in the same zone,
based upon the predominant operating characteristics of the use. Thus, a group
home use that also constituted supportive or transitional housing would still be
subject to the same zoning and development standards applicable to all other
similar group home uses in the same zoning district.
3. Establish Single -Room Occupancy (SRO) Standards: To help address the
needs of very -low and extremely -low income persons, the City has committed to
amending the Development Code to define and permit single -room occupancy
units. A single -room occupancy facility is a multiple tenant building that houses
one or two persons in individual rooms. SRO tenants typically share bathrooms
and/or kitchens, while some SRO rooms may include kitchenettes, bathrooms or
half -baths. SROs are a viable housing option for students, single tenants, empty
nester widows/widowers, or others who do not desire or require large dwellings
or private domestic appliances. In the Housing Element, the City committed to
adopting a definition and development standards to encourage the production of
SRO facilities as part of its policy of trying to provide a range of housing options
to the community. The Development Code Amendment would conditionally
permit such facilities in the I (Light Industry) zone, subject to certain operational
and locational standards. Under the proposed ordinance, a single -room
occupancy development shall not be located within a quarter -mile of any other
single -room occupancy development.
4. Amend Existing Density Bonus Regulations: Pursuant to State law, housing
developers are entitled to certain density bonuses and zoning incentives or
concessions if they agree to set aside a specified percentage of units for
affordable housing. The proposed amendments to Section 22.18.010 of the
Development Code would update the City's current Affordable Housing
Incentives/Density Bonus provisions to ensure consistency with the current State
Density Bonus Law, as amended by SB 1818.
Staff recommends approval of these amendments in order to achieve the changes in
the Development Code necessary to put into place the commitments made in the
Housing Element.
Proposed General Plan Amendment
The Housing Element commits the City to identify a land use category in the General
Plan Land Use Element where emergency shelters and single -room occupancy housing
Page 4 of 7
922624.1
can be accommodated in order to provide adequate housing sites to achieve a variety
and diversity of housing. City Staff has determined that the I (Light Industry) zoning
district is the most appropriate area in the City for these types of uses. Accordingly,
staff is recommending that the I (Light Industrial) land use category in the General Plan
Land Use Element, Objective 1.1, Strategy 1.1.4 be amended to clarify that this land
use category is also intended to accommodate the need for emergency shelter and
single -room occupancy housing as identified in the City's Housing Element. Such an
amendment will also ensure that the proposed Development Code Amendments are
consistent with the General Plan, which is required by State law.
The following summarizes the current Land Use Strategy 1.1.4 and the recommended
amendment to the strategy in the.General Plan. Italicized and underlined text highlight
the recommended revisions.
Strategy 1.1.4 of the Land Use Element defines the Light Industrial land use
designation as follows:
1.1.4 Areas designated Light Industrial (I) on the General Plan Land Use Map
are to provide for light industrial, research and development, and office -based
industrial firms seeking a pleasant and attractive working environment, as well as for
business support services, and commercial uses requiring more land area than is
available in General Commercial or Commercial Office areas. This designation also
is intended to accaanmodate the need for emergency shelter and single -room
occupancy housing as identified in the City's Housin�> Element These areas will
maintain a maximum floor area ratio of 0.25 to 1.00.
Consistency with the General Plan is achieved when the various land uses within the
Development Code are compatible with the objectives, policies, general pattern of land
uses and programs contained in the General Plan. The proposed amendment to the
Land Use Element implements policies and programs contained in the City's certified
2008-2014 Housing Element, and therefore is internally consistent with the Housing
Element goals, policies, and programs by facilitating the provision of adequate housing
sites to achieve a variety and diversity of housing.
ENVIRONMENTAL ASSESSMENT:
The proposed Development Code Amendment and related amendment to the I (Light
Industrial) land use category of the General Plan Land Use Element has been reviewed
- for compliance with the California Environmental Quality Act (CEQA). Staff prepared
and filed an Initial Study/Environmental Checklist and Notice of Intent to Adopt Negative
Declaration for the project on March 28, 2013, with the Los Angeles County Clerk and
published in the Inland Valley Daily Tribune and San Gabriel Valley Tribune
newspapers, and it is part of this report (Attachment 2). Pursuant to CEQA
Section 15105, the public review period for the Negative Declaration began on April 3,
2013, and ended on April 22, 2013,
Page 5 of 7
922624.1
The Initial Study is a preliminary analysis to determine whether or not a Negative
Declaration, Mitigated Negative Declaration, or Environmental Impact Report (EIR) is
needed for a project. If the Initial Study concludes that the proposed project will not
significantly affect the environment or may have the potential to effect the environment
but can be mitigated to a level of less than significant, a Negative Declaration or a
Mitigated Negative Declaration may be prepared, respectively.
A Negative Declaration is a written document that briefly describes the reasons that a
proposed project will not have a significant effect on the environment. It is used to
guide and assist the City staff, Planning Commission, City Council, and the public in the
consideration and evaluation of potential environmental impacts that may result from the
proposed project.
Once the Initial Study and Negative Declaration are prepared, a Notice of Intent to
Adopt a Negative Declaration is posted at the Los Angeles County Clerk and published
in the Inland Valley Daily Tribune and San Gabriel Valley Tribune newspapers. The
public review period must be no less than 20 days.
Staff prepared the Initial Study/Environmental Checklist for the proposed project, which
documents reasons to support the findings that the proposed project would not have
any potentially significant impacts on the environment. Some of the proposed
Development Code Amendments would result in new uses being permitted or
conditionally permitted in certain zones. It was determined that the proposed project will
not have a significant effect on the environment because the amendments to the
Development Code and General Plan Land Use Element does not propose any new
construction. For any development permitted by this amendment, a separate
environmental review would be conducted and mitigation measures as appropriate
would be included.
NOTICE OF PUBLIC HEARING:
Public hearing notices of at least 1/8 page display were published in the Inland Valley
Daily Tribune and San Gabriel Valley Tribune newspapers on April 12, 2013, and a
copy of the public notice was posted at the City's three designated community posting
sites.
The proposed amendment to the I (Light Industrial) land use category of the General
Plan Land Use Element does not constitute a substantial amendment to the General
Plan, and therefore is not subject to the provisions of Government Code Sections 65352
through 65352.5, which requires noticing to outside public agencies and the Native
American tribes. The proposed amendment is unlikely to result in significant changes to
the uses in the I (Light Industrial) land use category given the relative lack of demand
for emergency shelter and single -room occupancy facilities within Diamond Bar, the
uses that are currently permitted will remain the predominant uses, and the amendment
is intended to be internally consistent with the Housing Element as well as make the
Housing Element consistent with State requirements.
Page 6 of 7
9226241
RECOMMENDATION:
Staff recommends that the Planning Commission recommend approval to the City
Council of the following Resolutions included as Attachments 1 and 2 to adopt
amendments to the General Plan Land Use Element and the Development Code —
Planning Case No. PL 2012-513.
Prepared by:
S. Lee
Senior Planner
Attachment:
Reviewed by:
Greg Gubman, AICP
Community Development Director
1. Resolution No. 2013 -XX (Approval of Amendment to the General Plan PL2012-
513)
2. Resolution No. 2013 -XX (Approval of Amendment to the Development Code
PL2012-513)
3. Notice of Neg. Dec. and Initial Study/Environmental Checklist
Page 7 of 7
922624.1
MINUTES OF THE CITY OF DIAMOND BAR
REGULAR MEETING OF THE PLANNING COMMISSION
APRIL 23, 2013
CALL TO ORDER:
Chairman Nelson called the meeting to order at 7:00 p.m. in the City Hall Windmill
Room, 21810 Copley Drive, Diamond Bar, CA 91765.
PLEDGE OF ALLEGIANCE: Vice Chairman Torng led the Pledge of Allegiance.
1. ROLL CALL:
Present: Commissioners Jimmy Lin, Vice Chairman Tony
Torng, Chairman Steve Nelson
Absent: Commissioner Frank Farago and Jack Shah were
excused.
Also present: Greg Gubman, Community Development Director; James
Eggart, Assistant City Attorney; Grace Lee, Senior Planner; John Douglas,
Housing Element Consultant; and Stella Marquez, Administrative Coordinator.
2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None
3. APPROVAL OF AGENDA: As presented
4. CONSENT CALENDAR:
4.1 Minutes of the Regular Meeting of March 12, 2013.
VC/Torng moved, C/Lin seconded, to approve the Minutes of the Regular
Meeting of March 12, 2013, as presented. Motion carried by the following
Roll Call vote:
AYES:
NOES:
ABSENT:
5. OLD BUSINESS
6. NEW BUSINESS:
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
7. PUBLIC HEARING(S):
None
None
Lin, VC/Torng, Chair/Nelson
None
Farago, Shah
CDD/Gubman stated that with respect to Items 7.1 and 7.2, staff's
recommendation to the Commission is to open the public hearing on each item
APRIL 23, 2013 PAGE 2 PLANNING COMMISSION
and continue the matters to May 14, 2013, because the applicant did not post the
project sites with the required public hearing notice board the minimum 10 days
prior to tonight's public hearing date. Since the notifications were sent by mail
there may be members of the audience who wish to speak on these matters this
evening, thus, staff's recommendation is to open the public hearings for each
item, and then continue the matters to a date certain to avoid re -noticing the
public hearings.
7.1 Development Review No. 2010-373 — Under the authority of Diamond
Bar Municipal Code Section 22.48, the applicant and property owner
Horizon Pacific (c/o Jerry Yeh), requested Development Review approval
to construct a new single-family residence consisting of 10,186 square
feet of living space; 1,323 square foot garage/storage/utility space; and
482 square foot cabana on a 0.98 gross acre (42,762 square foot lot).
PROJECT ADDRESS:
PROPERTY OWNER:
APPLICANT:
22590 Pacific Lane (Lot 3)
Diamond Bar, CA 91765
Jerry Yeh
Horizon Pacific
20888 Amar Road #203
Walnut, CA 91789
Chair/Nelson opened the public hearing.
There was no one present who wished to speak on this item.
VC/Torng moved, C/Lin seconded
No. PL2010-373 to May 14, 2013.
Call vote:
to continue Development Review
Motion carried by the following Roll
AYES: COMMISSIONERS: Lin, VC/Torng, Chair/Nelson
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: Farago, Shah
7.2 Development Review No. PL20107372 — Under the authority of Diamond
Bar Municipal Code Section 22.48, the applicant and property owner,
Horizon Pacific (c/o Jerry Yeh), requested Development Review approval
to construct a new single-family residence consisting of 10,018 square
feet of living space; a 1,300 square foot garage/storage/utility space; and
a 452 square foot detached tatami room on a 0.98 gross acre (42,719
square foot) lot. The subject property is zoned Rural Residential (RR) with
a consistent underlying General Plan land use designation of Rural
Residential.
APRIL 23, 2013
PROJECT ADDRESS
PROPERTY OWNER
APPLICANT:
PAGE 3 PLANNING COMMISSION
22588 Pacific Lane (Lot 4)
Diamond Bar, CA 91765
Jerry Yeh
Horizon Pacific
20888 Amar Road #203
Walnut, CA 91789
Chair/Nelson opened the public hearing.
There was no one present who wished to speak on this item.
C/Lin moved, VC(forng seconded, to continue the public hearing for
Development Review No. PL2010-372 to May 14, 2013. The motion was
carried by the following Roll Call vote:
AYES: COMMISSIONERS: Lin, VC/Torng, Chair/Nelson
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: Farago, Shah
7.3 PL2012-513 — 2008-2014 Housing Element Implementation —
Amendments to Title 22 of the Diamond Bar Municipal Code
("Development Code") and Related Amendment to the Land Use Category
of the General Plan Land Use Element.
The City of Diamond Bar proposes to amend certain sections of the
Development Code and the I (Light Industrial) Land Use category of the
General Plan Land Use Element in order to implement policies and
programs contained in the City's Certified 2008-2014 Housing Element.
These amendments fall into the following three categories:
1. Establishment of zoning standards for emergency shelters and
transitional/supportive housing to be in compliance with Senate Bill 2
(SB2). The proposed Development Code Amendment establishes the
I (Light Industrial) zone to be the zoning district in which emergency
shelters may be established by right; and, affirms S132's mandate that
transitional/supportive housing shall be treated as a residential use
subject only to the same requirements as other residential uses of the
same type in the same zone. The I (Light Industrial) land use category
of the General Plan Land Use Element would be amended to
accommodate the need for emergency shelter identified in the Housing
Element.
APRIL 23, 2013
PAGE 4 PLANNING COMMISSION
Establishment of zoning regulations for single -room occupancy (SRO)
housing. The Development Code Amendment identified the I (Light
Industrial) zone to allow housing for single -room occupancy units with
a conditional use permit. The I (Light Industrial) land use category of
the General Plan Land Use Element would be amended to
accommodate the need for single -room occupancy housing identified
in the Housing Element.
2. Amendment to existing density bonus provisions to be in compliance
with Senate Bill 1818. (SB1818).
Chapters 22.10, 22.18, 22.42, 22.48, and 22.80 are proposed to be
amended and new Sections 22.42.150, 22.42.160 and 22.42.170 are
proposed to be added to the Development Code in order to incorporate all
of the above provisions.
PROJECT ADDRESS:
PROJECT OWNER/
APPLICANT:
Citywide
Diamond Bar, CA 91765
City of Diamond Bar
CDD/Gubman stated that this item is presented to implement several of
the program items set forth in the adopted and certified 2008-2014
Housing Element. Part of the objective set forth in the Housing Element is
to make provisions for housing in Diamond Bar for a wide spectrum of
socio-economic groups; and these implementation measures are
reflecting state mandates to have all local agencies comply with those
provisions. There are no local mandates that further these requirements
beyond what is set forth in state law. The matter before the Commission
this evening with Code Amendments and General Plan Amendment is to
comply with state law. The City is not advocating to go above and beyond
what the minimum requirements are because there are no local mandates,
policies, goals and/or objectives to move beyond those minimum
requirements.
Housing Element Consultant John Douglas presented staffs report. Mr.
Douglas stated that quite a few cities around southern California are going
through this very same process at this time. There are four topics that are
before the Commission tonight which are implementation programs
required under the Housing Element, pursuant to state law. It is important
that the City move forward and amend the code in order to ensure that the
Housing Element stays in compliance with state law.
APRIL 23, 2013 PAGE 5 PLANNING COMMISSION
Mr. Douglas stated that the four topics on the list are:
1) Transitional/Supportive Housing; 2) Emergency Shelters, required
pursuant to a state law that was adopted in 2007 (Senate Bill 2); 3) Single
Room Occupancy (SRO) housing - studio/hotel type units; and 4) Density
Bonus. Density Bonus law has been in state codes for many years, and
was updated a few years ago, so cities are required to amend their codes
to come into conformance with the latest iteration of state laws.
Mr. Douglas said that what state law says about Transitional/Supportive
Housing is that these are 'residential' uses and they are subject to the
same regulations, standards, and procedures as applied to any other
residential use of that type in that zone. For example, if the city has a
single family house being used as a 'Transitional' shelter, the same city
rules that apply to single family houses in that zone would also apply to
the "Transitional' shelter. One question that oftentimes comes up is "how
does this affect Group Home regulations?" Under state law and city
ordinances, if there is a state licensed group home that has no more than
six clients in it, then state law preempts cities from regulating those homes
any differently than a traditional family house. This new law on
"Transitional/Supportive Housing" would not change those rules on group
homes at all. So if this ordinance goes into effect, if a single family house
in a residential zone is used as a transitional shelter or supportive housing
facility, the city would be limited to applying whatever regulations are
pertinent to a single family house which is typically, very minimal. The
way that this issue is proposed to be handled is through including
definitions in the code that establish, consistent with state law, what is
meant by a transitional housing and supportive housing unit. If someone
came to the City asking for permission to operate one of these it would be
regulated by definition and whatever the zoning regulations are for that
type of use in that type of zone. It could be a single-family house, or it
could be multi -family condominium or apartments. In terms of the
definitions, what is meant by transitional housing is housing that is
operated typically by a non-profit or church or charitable organization and
they would operate a program whereby people who are in need would
come and be screened by the organization running the facility. Typically,
these folks are allowed to live in a transitional setting for somewhere
between six months and two years while they get on their feet and are
able to move on to permanent housing. Supportive housing is similar
although it has some supportive service component with it such as job
training, other types of counseling, meals on wheels, etc., and often,
supportive housing is targeted toward people who have some kind of
disability and it is either no rent or very low rent depending on what the
people can afford. It is aimed at folks who are in dire straits and do not
have any other place to go and it is a stepping stone to permanent
APRIL 23, 2013 PAGE 6 PLANNING COMMISSION
housing. This definition can be .contrasted with a "drug and alcohol rehab"
that is operated on a profit-making basis. This does not fall under the
definition of transitional supportive housing because it is a profit-making
venture and the definitions that apply to transitional/supportive is aimed at
no or very low rent because individuals are low-income. It is important to
distinguish that this is not intended to regulate group homes or rehab
types of facilities.
Mr. Douglas explained that "Emergency Shelters" is a new requirement of
state law from a few years ago and what the law says is that every
jurisdiction has to identify at least one zoning district in the town where an
emergency shelter can be established by a very simple approval process
often referred to as "by right" which means no public hearing or conditional
use permit is required, and is handled administratively by the Community
Development Department. However, state law says that cities can
establish standards for these types of uses. The proposed ordinance
before the Commission tonight would identify the Light Industrial zone as
the only location in Diamond Bar where these would be permitted; there
would be a maximum 30 -bed limit established on the facilities; there are
separate requirements so there could not be any two shelters closer to
each other than 300 feet; there would have to be at least 50 square feet of
living area per person in the building exclusive of common areas; typically
the stay in emergency shelters is limited to six months in any one-year
period; there are standards for lighting, security, parking, storage and
proximity to transit stops; and, there is a requirement that the operator
submit a management plan to the city for review by the Community
Development Director and the Sheriff's Department. The management
plan would include things like house rules, communications with the city,
communications with law enforcement in case of any problems, how to
address potential impacts on surrounding properties, loitering and
security, etc. So the city has a fair amount of control through the
management plan as to how these facilities would be operated.
Mr. Douglas explained that the third item on the list is "SRO -Single Room
Occupancy', which are very small apartments intended for occupancy by
one or two low income persons. Because the units are very small they
could be very inexpensive compared to standard apartments. The
regulations would allow these with a conditional use permit in the Light
Industrial zone so these items would come to the Planning Commission
for review and approval and conditions could be applied to the permits.
These units would have a minimum size of 150 square feet and a
maximum of 375 square feet, whereas, a typical one -bedroom apartment
might be in the range of 500 to 700 square feet. These SRO's would be
required to have onsite 24-hour management on duty at all times. A
APRIL 23, 2013 PAGE 7 PLANNING COMMISSION
management plan would be required establishing rules, security
procedures, etc. These units may provide kitchen facilities within the units
or common kitchen facilities, laundry facilities on premises, restrooms with
each unit being required to have toilets and sinks but larger restroom
facilities and showers that could be shared at the discretion of the
sponsor. There is also a requirement that these facilities be within
proximity to rail or bus stops. The key difference is that a conditional use
permit is required for these types of facilities in contrast to the emergency
shelters and transitional/supportive units.
Mr. Douglas stated that density bonus is called out by state law and if a
developer wants affordable units within their project, cities must grant
them density bonus and other incentives. The density bonus is based on
a sliding scale depending on what percentage of affordable units and what
level of affordability (very low income, low income, etc) and the sliding
scale would allow up to a 35 percent density increase depending on the
percentage of affordable units with the maximum being 35 percent. For
many years the maximum was 25 percent and when the density bonus
law was amended, it was increased to 35 percent to create a greater
incentive for production of affordable housing. Mr. Douglas offered that
state law also allows options for land donation so if a developer wanted to
carve out a portion of a property and donate it to the city for use so that
the city would then work with a non-profit developer to build affordable
housing, the person donating the land could also get a density bonus on
the remainder of the project. Another provision regarding childcare
facilities was added to the law so that if a developer wanted to include a
childcare facility they could get a corresponding increase in the number of
units to compensate them for using up land for the childcare facility that
they might otherwise use for residential units. The state density bonus
law, in its latest iteration, also includes required parking ratios that are
typically less than what cities require in terms of parking if the developer
requests it. So, if the developer submits a project that meets the minimum
standards for density bonus and request parking ratios for the project, the
city must approve those. These ratios are typically lower for these units
under the theory that people of lower income own fewer cars or are more
likely to use buses, etc.
Mr. Douglas concluded that after tonight's meeting this ordinance would
have to go to the City Council for final review and approval.
C/Lin said that regardless of whether there is vacant land that is zoned
Light Industrial, can an existing building in the zone be converted to
housing of this type and Mr. Douglas said C/Lin was correct that this
would be a permitted use within that zoning district. C/Lin referred to two
APRIL 23, 2013
PAGE 8 PLANNING COMMISSION
attachments, both of which refer to Exhibit A and when one reads
Exhibit A it basically speaks to emergency housing and single room
housing but nowhere does Exhibit A refer to Transitional or Supportive so
where does the documentation make reference to Transitional Housing.
Mr. Douglas responded that Exhibit A is attached to the General Plan
Amendment Resolution and so the Transitional and Supportive Ordinance
does not require any change to the General Plan because those are
residential uses and under state law they are permitted in any residential
zone and so the General Plan can already support Transitional and
Supportive without an amendment.
ACA/Eggart further explained that there are two separate resolutions
because there are two separate actions required, the first being a General
Plan Amendment which refers to Exhibit A which is on the last page of
Attachment 2 and the second resolution is for approval of the Zoning Code
Amendments and the Exhibit A reference is the multiple page document in
the Commission's packet.
VCfTorng asked where Diamond Bar's Light Industrial zone lies.
CDD/Gubman responded that most of the Light Industrial zoned property
would be in the vicinity of Brea Canyon Road so if proceeding southerly on
Golden Springs Drive one would turn right on Brea Canyon Road or
proceed to Lemon Avenue for a right turn, go under the freeway and on
the left side would be one of the Light Industrial areas. Within that general
area would be the concentration of Light Industrial zoned properties.
VC/Torng asked why there is no environmental impact report attachment
and whether the city was allowed to give special dispensation for the
owner/operator to ignore the environmental impact report. Mr. Douglas
responded that these items are amendments to the General Plan and
Municipal Code which require review under CEQA so staff reviewed the
proposed ordinances and prepared the Negative Declaration which goes
through all of the environmental topics to decide whether these ordinances
could have any significant effect on the environment and the conclusion
was that none of these actions would have any significant environmental
effect and so when that is the case, the appropriate document is the
Negative Declaration.
Chair/Nelson asked for clarification of the statement contained in staffs
report that states "this procedure would affirm as to its mandate that
Transitional and Supportive Housing shall be treated as a residential use
subject only to the same requirements as other residential uses of the
same type in the same zone." He asked for verification that this does not
conflict with the City's Development Code that states "one family per
APRIL 23, 2013 PAGE 9 PLANNING COMMISSION
residence." CDD/Gubman said that the Chair/Nelson was correct that if it
is Transitional/Supportive Housing property in the single family zone, it is
restricted to a single housekeeping unit whether individuals are related or
unrelated. Chair/Nelson asked why the city would change its parking
requirements. CDD/Gubman stated that Transitional/Supportive Housing
is a category that needs to be looked at separately and is defined as being
in a single family dwelling, it is one family/one family unit which is subject
to all of the development standards of the single family home. The only
distinction that makes it a transitional housing unit versus the single family
home next door is that it is being managed by a non-profit agency that is
providing for the family that is in the financial circumstance that requires
that type of aid. Chair/Nelson asked if this resolution gives the non-profit
an exception to the number of parking units in the garage and
CDD/Gubman reiterated not for Transitional/Supportive Housing.
Chair/Nelson asked what would happen if 100 beds were needed if
portions of Diamond Bar had to be evacuated for fire, earthquake or other
reasons if there is a limit of 30 beds. The Diamond Bar High School
gymnasium can accommodate more than 30 beds and is this ordinance
saying they cannot accommodate more than 30. Mr. Douglas responded
that this ordinance refers to "permanent year-round facilities" and not
temporary facilities in the event of a disaster.
Chair/Nelson asked for confirmation that this discussion does NOT include
halfway houses and CDD/Gubman responded "correct."
Chair/Nelson asked if this would NOT apply to maternity homes as are
being discovered in Hacienda Heights, Rowland Heights and Chino Hills
and CDD/Gubman responded "correct." CDD/Gubman said that staff
believes maternity homes or maternity hotels fall under the definition of
boarding house. The City has a definition for boarding house in its
Municipal Code. Boarding houses are prohibited in single family zone
areas so a maternity home that is operating in a single family dwelling or
in a single family zone would be interpreted to be a "boarding house."
There are multiple rental agreements for long-term accommodations made
for these individuals, which all fits within the scope of the definition of what
a boarding house is and would not be permitted within the single family
zones. This ordinance does not make any provisions to accommodate
them and is silent on them because the City has regulations on boarding
houses on the books already.
Chair/Nelson asked if the Ordinance could specifically exclude maternity
houses/hotels so that there is no possible interpretation or lawsuit.
ACA/Eggart responded that the type of commercial facility that has been
APRIL i,.. PAGE 10 PLANNING COMMISSION
found to exist in those other cities is commercial in nature. Transitional
supportive housing is generally non-commercial in nature and simply
would not fit within that definition and the City would never consider them
to fit within that definition. The Development Code does not contain any
definition for maternity housing so to make such an addition, the City
would have to come up with a specific definition about what that would be.
Chair/Nelson is suggesting that staff do so for future adoption by the City
Council and he believes it is appropriate. It does not hurt to safeguard the
City's code. VC/Torng said he is confused about the issue as well.
C/Lin said he felt the definition was very clear and said he agreed with the
City Attorney. Does state law say the city has to designate these types of
houses within the Light Industrial District or can they be designated in
other zones? Mr. Douglas responded that state law allows cities to
determine the appropriate zone and it does not specify that Light Industrial
is the only place. C/Lin said that Industrial zoning is appropriately for
industrial use. A couple of years ago the City designated the area by
DRHS for affordable housing and would seem to him to be a more
appropriate location for dwelling units of this nature rather than the Light
Industrial zoning. SP/Lee stated that when staff researched the
appropriate zones for these types of facilities it looked at proximity to
several major transit stops and currently in the industrial areas of the city,
there are no heavy manufacturing uses and the uses are primarily light
industrial such as offices and warehouse uses. There is a public
elementary school and two mobile home parks in close proximity to the
Metrolink station, as well as several major bus routes, which is how staff
reached its recommendation for the industrial zone to be the appropriate
area for these types of facilities.
Chair/Nelson opened the public hearing.
With no one present who wished to speak on this matter, Chair/Nelson
closed the public hearing.
VC/Torng moved, C/Lin seconded, to recommend City Council adoption of
amendments to Title 22 of the Diamond Bar Municipal Code
("Development Code") and related amendment to the Land Use Category
of the General Plan Land Use Element — Planning Case No. PL2012-513.
Chair/Nelson asked that the motion be amended to include that despite
the fact that staff feels it is not necessary, he would like to include as an
example parenthetically or as a footnote or however appropriate, the
exclusion of halfway houses and maternity homes as part of this
amendment.
APRIL 23, 2013 PAGE 11 PLANNING COMMISSION
ACA/Eggart asked if Chair/Nelson was specifically referring to Transitional
and Supportive Housing or to Emergency Shelters as well and
Chair/Nelson responded Transitional and Supportive Housing.
ACA/Eggart said that the Chair/Nelson could propose specific language to
the proposed ordinance that he wanted to recommend to the City Council.
If that is done, staff may want to continue the item to vet the item to make
certain it reads as intended. The Commission could approve it as is to the
City Council with a recommendation that staff bring the issue up to Council
and look for ways to add the language to the ordinance by providing
examples. If the Commission wanted to proceed with the matter this
evening those would be the options. Otherwise, staff would have to go
back to see if language could be added so that the city would be in
compliance with the law. Chair/Nelson said that subject to his colleague's
agreement he was okay with the option to let the City Council deal with the
issue; however, he wanted to go on record as having it be something he
would like to be made crystal clear. VC/Torng said he would support
Chair/Nelson. C/Lin said he would not support an additional amendment
because he felt the resolution was clear.
VC/Torng asked that the motion be adopted as presented with
Chair/Nelson's concerns stated. ACA/Eggart pointed out that the General
Plan Amendment requires all three commissioners present to vote Aye.
The Development Code Amendment requires two Aye votes. If there is an
issue the Commission may want to split the two resolutions into two
motions. There is a motion on the table to approve "as is" which will have
to be dispensed and if it fails, address the motion to approve as the Chair
suggested.
CDD/Gubman offered that to help move this forward he asked the
Commission to refer to Exhibit A of the first resolution, the ordinance,
Section 7 - definitions associated with the ordinance, there are definitions
for Supportive Housing and Transitional Housing and the language of
those definitions in the last sentence is similar. "For example, Transitional
Housing shall be considered a residential use subject to the same
standards as other similar residential uses in the same zone based upon
predominant characteristics of the use." At the direction of the
Commission, staff could add a final sentence to read that "Transitional
Housing and Supportive Housing as defined above does not apply to
Group Homes, Parolee Probationary Housing, Birthing Hotels, etc."
Chair/Nelson concurred.
VC/Torng withdrew his original motion and C/Lin withdrew his second of
the original motion.
APRIL 23, 2013 PAGE 12 PLANNING COMMISSION
VC/Torng moved to adopt the resolution recommending City Council
adoption of amendments to Title 22 of the Diamond Bar Municipal Code
("Development Code") and related amendment to the Land Use Category
of the General Plan Land Use Element — Planning Case No. PL2012-513
with the addition of a sentence at the end of Section 7 of the ordinance
which lists defined items to which the ordinance does not apply, as
heretofore stated by CDD/Gubman.
C/Lin objected to deferring the crafting of the language to staff without
prior review by the Commission.
Motion died for lack of second.
CDD Gubman suggested adding the following sentence to each definition:
"Supportive/Transitional housing does not include halfway houses or
maternity hotels operated as a business." All of the commissioners
indicated acceptance of this language.
VC/Torng offered a substitute motion to adopt a resolution recommending
to the City Council adoption of the Negative Declaration and approval of
an amendment to the land use element of the City's General Plan to
accommodate the need for Emergency Shelter and Single Room
Occupancy (SRO) Housing in the I (Light Industrial) Land Use category of
the General Plan. C/Lin seconded the substitute motion. Motion carried
by the following roll call vote:
AYES:
COMMISSIONERS:
NOES:
COMMISSIONERS:
ABSENT:
COMMISSIONERS:
Lin, VC/Torng, Chair/Nelson
None
Farago, Shah
VC/Torng moved, C/Lin seconded, to recommend City Council adoption of
the Development Code Amendment with the addition to Section 7 of the
following sentences to the definitions for supportive and transitional
housing: "Supportive housing does not include halfway houses or
maternity hotels operated as a business. Transitional housing does not
include halfway houses or maternity hotels operated as a business."
Motion carried by the following Roll Call vote:
AYES: COMMISSIONERS: Lin, VC/Torng, Chair/Nelson
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: Farago, Shah
8. PLANNING COMMISSION CONSIDERATION: None
APRIL 23, 2013 PAGE 13 PLANNING COMMISSION
9. PLANNING COMMISSIONER COMMENTS/INFORMATIONAL ITEMS: None
10. STAFF COMMENTS/INFORMATIONAL ITEMS:
10.1 Public Hearing dates for future projects.
CDD/Gubman stated that the two continued items from this evening are
the only two items currently scheduled for the May 14, 2013, meeting.
11. SCHEDULE OF FUTURE EVENTS:
As listed in tonight's agenda.
ADJOURNMENT: With no further business before the Planning Commission
Chairman Nelson adjourned the regular meeting at 8:07 p.m.
The foregoing minutes are hereby approved this 14th day of May, 2013.
Attest:
Respectfully Submitted,
Greg Gubman
Community Development Director
teve Nelson, 4Chaian
Attachment 4
PLANNING COMMISSION
RESOLUTION NO. 2013-08
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND
BAR RECOMMENDING TO THE CITY COUNCIL ADOPTION OF THE NEGATIVE
DECLARATION AND APPROVAL OF AMENDMENT TO THE LAND USE
ELEMENT OF THE CITY'S GENERAL PLAN TO ACCOMMODATE THE NEED
FOR EMERGENCY SHELTER AND SINGLE -ROOM OCCUPANCY HOUSING IN
THE I (LIGHT INDUSTRIAL) LAND USE CATEGORY OF THE GENERAL PLAN
(PLANNING CASE NO. 2012-513)
A. RECITALS
1. On April 18, 1989, the City of Diamond Bar was established as a duly
organized municipal corporation of the State of California. Thereafter, the
City Council of the City of Diamond Bar adopted its Ordinance No. 14 (1990),
thereby adopting the Los Angeles County Code as the ordinances of the City
of Diamond Bar. Title 21 of the Los Angeles County Code contains the
Subdivision Code of the County of Los Angeles applicable to development
applications within the City of Diamond Bar.
2. On July 25, 1995, the City of Diamond Bar adopted its General Plan. The
General Plan establishes goals, objectives and strategies to implement the
community's vision for its future.
3. The City of Diamond Bar has determined that the existing Land Use Element,
Objective 1.1, Strategy 1.1.4 relating to the Light Industrial land use category
contained within the City of Diamond Bar General Plan required modification
to accommodate the need for emergency shelters and single -room
occupancy housing as identified in the Housing Element. The proposed
amendment implements policies and programs contained in the City's
certified 2008-2014 Housing Element, therefore, is consistent with the
Housing Element goals, policies, and programs in that it provides for
adequate housing sites to achieve a variety and diversity of housing by
establishing zoning standards and regulations for emergency shelter and
single -room occupancy housing.
4. Pursuant to Government Code Section 65090 and 65353, a notice of at least
1/8 page display was published in the Inland Valley Daily Tribune and San
Gabriel Valley Tribune newspapers on April 12, 2013, and a copy of the
public notice was posted at the City's three designated community posting
sites.
5. The proposed action does not constitute a substantial amendment of the
General Plan; accordingly, the provisions of Government Code
Sections 65352 through 65352.5 are inapplicable.
6. Pursuant to the California Environmental Quality Act, California Public
Resources Code Section 21000 et seq. ("CEQA") and CEQA's implementing
guidelines, California Code of Regulations, Title 14, Section 15000 et seq.,
an initial study was prepared and it has been determined that the proposed
project qualifies for a Negative Declaration as the proposed project cannot,
or will not, have a significant effect on the environment. In accordance to the
provisions of Section 15070 of the CEQA Guidelines, the City prepared and
filed a Notice of Availability and Intent to Adopt Negative Declaration for the
project on March 28, 2013, with the Los Angeles County Clerk. Pursuant to
CEQA Section 15105, the public review period for the Negative Declaration
began April 3, 2013, and ended April 22, 2013.
7. On April 23, 2013, the Planning Commission held a duly noticed public
hearing with regard to the General Plan Amendment, Land Use Element,
Objective 1.1, Strategy 1.1.4. After due consideration of public testimony,
staff analysis and the Commission's deliberations, the Planning Commission
has determined that the General Plan Amendment attached hereto as
Exhibit "A" and incorporated by reference into this Resolution implements the
policies and programs contained in the City's certified 2008-2014 Housing
Element.
8. The 1995 General Plan remains properly integrated and internally consistent
as required by California Government Code Section 65300.5.
9. All legal prerequisites to the adoption of this Resolution have occurred
B. RESOLUTION
NOW, THEREFORE, it is found, determined and resolved by the Planning
Commission of the City of Diamond Bar as follows:
1. This Planning Commission hereby specifically finds that all of the facts set
forth in the Recitals, Part A, of this Resolution are true and correct.
2. The Planning Commission has independently considered the Initial Study
and Negative Declaration that was made available for public review, and all
other oral and written public comments received prior to or at the public
hearing prior to adopting this Resolution. The Planning Commission finds
that the Negative Declaration reflects the City's independent judgment and
analysis. The Planning Commission hereby determines on the basis of the
whole record before it, including the Initial Study and comments received,
that there is no substantial evidence that the proposed General Plan
Amendment will have a significant effect on the environment, and on that
basis, hereby recommends the City Council adopt the Negative Declaration.
The record of proceedings on which the Planning Commission's decision is
based is located at the City of Diamond Bar, 21810 Copley Drive, Diamond
Bar, California, Community Development Department/ Planning Division.
2
GP P1,2012-513
The custodian of record of proceedings is the Director of Community
Development.
3. The Planning Commission hereby specifically finds and determines that,
having considered the record as a whole including the findings set forth
below, there is no evidence before this Planning Commission that the
General Plan Amendment proposed herein will have the potential of an
adverse effect on wildlife resources or the habitat upon which the wildlife
depends. Based upon substantial evidence, this Planning Commission
hereby rebuts the presumption of adverse effects contained in
Section 753.5(d) of Title 14 of the California Code of Regulations.
4. The Planning Commission hereby finds and determines that the General
Plan Amendment is consistent and compatible with and implements the
goals, objectives and strategies of the City of Diamond Bar General Plan.
Accordingly, the Planning Commission hereby recommends the City Council
approve the General Plan Amendment attached hereto as Exhibit "A".
The Planning Commission Secretary shall:
(a) Certify to the adoption of this Resolution; and
(b) Forthwith transmit a certified copy of this Resolution to the City
Council of the City of Diamond Bar.
APPROVED AND ADOPTED THIS 23`d OF APRIL, 2013 BY THE PLANNING
COMMISSION OF THE CITY OF DIAMOND BAR.
BY: I 1 �( , lao ' "
Steve Nelson, Chairman
I, Greg Gubman, Planning Commission Secretary, do hereby certify that the foregoing
Resolution was duly introduced, passed, and adopted by the Planning Commission of the
City of Diamond Bar, at a regular meeting of the Planning Commission held on the 23`d
day of April, 2013, by the following vote:
AYES:
Commissioners:
NOES:
Commissioners:
ABSENT:
Commissioners:
ABSTAIN:
Commissioners:
ATTEST: ,�
Greg Gubm�etary
Lin, VC/Torng, Chair/Nelson
None
Farago, Shah
None
3
GP PL2012-513
CITY OF DIAMOND BAR
GENERAL PLAN AMENDMENT (PLANNING CASE NO. PL2012-513)
EXHIBIT "A"
The Diamond Bar General Plan, Land Use Element, Objective 1. 1, Strategy 1.1.4 is
amended to read as follows (deletions shown in strikeo, text; additions shown in
boldlunderline text):
1.1.4 Areas designated Light Industrial (I) on the General Plan Land Use Map
are to provide for light industrial, research and development, and office -based
industrial firms seeking a pleasant and attractive working environment, as well as for
business support services, and commercial uses requiring more land area than is
available in General Commercial or Commercial Office areas. This designation also
is intended to accommodate the need for emergency shelters and single -room
occupancy housing as identified in the City's Housing Element. These areas will
maintain a maximum floor area ratio of 0.25 to 1.00.
921939.1
Attachment 5
PLANNING COMMISSION
RESOLUTION NO. 2013-09
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DIAMOND BAR RECOMMENDING TO THE CITY COUNCIL ADOPTION OF
THE NEGATIVE DECLARATION AND APPROVAL OF PROPOSED
AMENDMENTS TO TITLE 22 OF THE DIAMOND BAR MUNICIPAL CODE -
PLANNING CASE NO. PL2013-022.
A. RECITALS
1. Pursuant to Government Code Section 65090 and 65353, a notice of at
least 1/8 page display was published in the Inland Valley Daily Tribune
and San Gabriel Valley Tribune newspapers on April 12, 2013, and a copy
of the public notice was posted at the City's three designated community
posting sites.
2. Pursuant to the California Environmental Quality Act, California Public
Resources Code Section 21000 et seq. (' CEQA) and CEQA's
implementing guidelines, California Code of Regulations, Title 14,
Section 15000 et seq., an initial study was prepared and it has been
determined that the proposed project qualifies for a Negative Declaration
as the proposed project cannot, or will not, have a significant effect on the
environment. In accordance to the provisions of Section 15070 of the
CEQA Guidelines, the City prepared and filed a Notice of Availability and
Intent to Adopt Negative Declaration for the project on March 28, 2013,
with the Los Angeles County Clerk. Pursuant to CEQA Section 15105, the
public review period for the Negative Declaration began April 3, 2013, and
ended April 22, 2013.
3. On April 23, 2013,. the Planning Commission held a duly noticed public
hearing on the proposed Development Code Amendments. After -due
consideration of public testimony, staff analysis and the Commission's
deliberations, the Planning Commission has determined that the proposed
Development Code Amendment attached hereto as Exhibit "A" and
incorporated by reference into this Resolution implements the policies and
programs contained in the City's certified 2008-2014 Housing Element.
4. The proposed changes are consistent with multiple objectives and policies
in the City of Diamond Bar General Plan.
5. All legal prerequisites to the adoption of this Resolution have occurred.
NOW, THEREFORE, it is found, determined and resolved by the Planning
Commission of the City of Diamond Bar as follows:
1. This Planning Commission hereby specifically finds that all of the facts set
forth in the Recitals, Part A, of this Resolution are true and correct.
2. The Planning Commission has independently considered the Initial, Study
and Negative Declaration that was made available for public review, and
all other oral and written public comments received prior to or at the public
hearing prior to adopting this Resolution. The Planning Commission finds
that the Negative Declaration reflects the City's independent judgment and
analysis. The Planning Commission hereby determines on the basis of the
whole record before it, including the Initial Study and comments received,
that there is no substantial evidence that the proposed Development Code
Amendment will have a significant effect on the environment, and on that
basis, hereby recommends the City Council adopt the Negative
Declaration. The record of proceedings on which the Planning
Commission's decision is based is located at the City of Diamond Bar,
21810 Copley Drive, Diamond Bar, California, Community Development
Department/Planning Division. The custodian of record of proceedings is
the Director of Community Development.
3. The Planning Commission hereby specifically finds and determines that,
having considered the record as a whole including the findings set forth
below, there is no evidence before this Planning Commission that the
Development Code Amendments proposed herein will have the potential
of an adverse effect on wildlife resources or the habitat upon which the
wildlife depends. Based upon substantial evidence, this Planning
Commission hereby rebuts the presumption of adverse effects contained
in Section 753.5(d) of Title 14 of the California Code of Regulations.
4. Based on the findings and conclusions set forth above, the Planning
Commission hereby recommends that the City Council adopt the Negative
Declaration and approve Development Code Amendment Planning Case
No. PL 2012-513 by adopting the ordinance attached hereto as Exhibit "A"
and incorporated herein by reference.
The Planning Commission Secretary shall:
(a) Certify to the adoption of this Resolution; and
(b) Forthwith transmit a certified copy of this Resolution to the City
Council of the City of Diamond Bar.
Planning Commission Resolution No. 2013-09
APPROVED AND ADOPTED THIS 23`d DAY OF APRIL, 2013 BY THE PLANNING
COMMISSION OF THE CITY OF DIAMOND BAR.
BY:dt4� L I eazl��—
Steve Nelson, Chairman
I, Greg Gubman, Planning Commission Secretary, do hereby certify that the foregoing
Resolution was duly introduced, passed, and adopted by the Planning Commission of
the City of Diamond Bar, at a regular meeting of the Planning Commission held on the
23`d day of April, 2013, by the following vote:
AYES: Commissioners:
NOES: Commissioners:
ABSENT: Commissioners:
ABSTAIN: Commissioners:
ATTEST:
Greg Gubman,,Secretary
Lin, VC/Torng, Chair/Nelson
None
Farago, Shah
None
Neg. Dec. PL2013-022
Exhibit A
CITY COUNCIL
ORDINANCE NO. XX(2013)
AN ORDINANCE AMENDING TITLE 22 OF THE DIAMOND BAR
MUNICIPAL CODE SECTION REGARDING EMERGENCY SHELTERS,
TRANSITIONAL AND SUPPORTIVE HOUSING, SINGLE ROOM
OCCUPANCY HOUSING, AND DENSITY BONUSES.
A. RECITALS
THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA,
HEREBY FINDS AND DETERMINES AS FOLLOWS:
1. Pursuant to Planning Case No. PL2012-513, the City of Diamond Bar has
initiated proposed amendments to the Land Use Element of the City of Diamond Bar
General Plan and to the Development Code (Title 22 of the Diamond Bar Municipal
Code) in order to implement policies and programs contained in the Housing Element of
the City of Diamond Bar General Plan.
2. Pursuant to the California Environmental Quality Act, California Public
Resources Code Section 21000 et seq. ("CEQA") and CEQA's implementing guidelines,,.
California Code of Regulations, Title 14, Section 15000 et seq., an initial study for the
General Plan and Development Code amendments proposed pursuant to Planning
Case No. PL2012-513 was prepared and it has been determined that the proposed
project qualifies for a Negative Declaration as the proposed project cannot, or will not,
have a significant effect on the environment. In accordance to the provisions of Section
15070 of the CEQA Guidelines, the City prepared and filed a Notice of Availability and
Intent to Adopt Negative Declaration for the project on March 28, 2013, with the Los
Angeles County Clerk. Pursuant to CEQA Section 15105, the public review period for
the Negative Declaration began April 3, 2013, and ended April 22, 2013.
3. On April 23, 2013, the Planning Commission conducted a duly noticed
Public Hearing regarding the General Plan and Development Code amendments
proposed pursuant to Planning Case No. PL2012-513 and adopted Resolution Nos.
2013-08 and 2013-09 respectively, recommending City Council adoption of a Negative
Declaration and approval of the proposed General Plan and Development Code
amendments.
4. On June 4, 2013, the City Council conducted a duly noticed Public
Hearing regarding the General Plan and Development Code amendments proposed
pursuant to Planning Case No. PL2012-513, and all interested parties were given an
opportunity to be heard.
5. During its meeting of June 4, 2013, the City Council adopted Resolution
No. , adopting a Negative Declaration for the General Plan and Development
Code amendments proposed pursuant to Planning Case No. PL2012-513 and
approving the proposed amendments to the General Plan Land Use Element. The
approved General Plan amendment amended Objective 1. 1, Strategy 1. 1.4 of the Land
Use Element relating to the Light Industrial land use category to specifically
accommodate the need for emergency shelters and single -room occupancy housing as
identified in the Housing Element.
B. ORDINANCE
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR,
CALIFORNIA, DOES ORDAIN AS FOLLOWS
SECTION 1. Subsection (7) of Section 22.10.020 of Chapter 22.10 of Title 22 of the
Diamond Bar Municipal Code is amended to read as follows:
"(7) 1 (light industry) district. The I zoning district is applied to areas appropriate for light
industrial/manufacturing uses including research and development, office -based
industrial uses in an "industrial park" setting, business support services, and commercial
uses requiring larger sites than are available in the commercial zoning districts. The
allowable floor area ratio for nonresidential development shall be from 025 to 1.00. The
I zoning district is consistent with the light industrial land use category of the general
plan and intended to accommodate the need for emergency shelter and single -room
occupancy housing identified in the City's Housing Element."
SECTION 2. Table 2-6 of Section 22.10.030 of Chapter 22.10 of Title 22 of the Diamond
Bar Municipal Code is amended to add a new "Miscellaneous" Land Use Category to
the current list of uses, to be placed in alphabetical order, as follows:
2
Permit Requirement by District
LAND USE (1)
C-1
C-2
C-3
I
See
Standards
in Section:
MISCELLANEOUS
Emergency
P
22.42.150
Shelters
Single -Room
C
22.42.160
Occupancy
Housing
2
SECTION 3. Section 22.18.010 of Chapter 22.18 of Title 22 of the Diamond Bar
Municipal Code is amended in its entirety to read as follows:
22.18.010. —Affordable Housing Incentives/Density Bonus Provisions.
A. Purpose. The purpose of this section is to implement the incentive programs
provided in the State density bonus regulations (Government Code Sections
65915 through 65918) in order to provide additional opportunities for the
provision of affordable housing within the City of Diamond Bar.
B. Applicability. This Section applies to any residential development of five or more
units, or 35 or more units for a senior housing project, when an applicant
proposes a density increase above the maximum residential density. This
section also applies to density bonuses for land donations in accordance with
Government Code Section 65915. In exchange for the density, a portion of the
units shall be reserved for lower income households, senior households, or
moderate income households (in a common interest development) as provided
in this Section. All such projects shall be subject to development review
requirements of this Title. This section shall be interpreted in a manner
consistent with the State density bonus regulations (Government Code Sections
65915 through 65918), as they may be amended from time to time.
C. Definitions. The following definitions apply to this Section 22.18.010:
1. Affordable housing costs are defined in California Health and Safety Code
Sections 50052.5 and 50053.
2. Area Median Income in Diamond Bar is the median income according to
the U.S. Census Bureau, annually adjusted by the Consumer Price Index
for all urban consumers in the Los Angeles -Anaheim -Riverside Area, as
prepared by the U.S. Bureau of Labor Statistics to the current year.
3. Lower income is defined in California Health and Safety Code Section
50079.5.
4. Moderate income is defined in California Health and Safety Code Section
50093.
5. Very low income is defined in California Health and Safety Code Section
50105.
D. Determination of Density Bonus. Qualified projects that meet the eligibility
requirements set forth in this section shall be granted a density bonus as
outlined below.
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1. In all density calculations, fractional units shall be rounded up to the next
whole number.
2. The density bonus units shall not be included when determining the
percentage of affordable units.
3. The developer can request a smaller density bonus than the project is entitled
to, but no reduction shall be permitted in the number of required affordable
units.
4. Unless otherwise specified, each residential development is entitled to only
one density bonus, and density bonuses from more than one category may
not be combined
5. The granting of a density bonus and/or related concession(s) or Incentive(s)
shall not be interpreted, in and of itself, to require a general plan amendment,
zone change, or other discretionary approval.
6. Pursuant to California Government Code Section 65915.5,
condominium/apartment conversions are not eligible for a density bonus if the
original residential development received a density bonus or other
concessions or incentives in accordance with California Government Code
Section 65915 and/or applicable local law.
TABLE 3-16
MAXIMUM DENSITY BONUS BASED ON AFFORDABLE UNITS PROVIDED
G
Minimum
Affordable
Maximum
Set -Aside
Each
Units
Bonus
Bonus
Income Group
of
Additional
Needed to
Granted
under
Affordable
1% adds:
Reach
State Law
Units
Maximum
Bonus
Very Low Income
5%
20%
2.5%
35%
11%
Lower Income
10%
20%
1.5%
35%
20%
Moderate Income
(Common Interest
10%
5%
1.0%
35%
40%
Development Only)
Senior Citizen Housing
100%(35-
20%
20%
NA
Development
unit
G
TABLE 3-17
35%
25%
EXAMPLE DENSITY BONUS CALCULATION
Very Low Lower Income Moderate
Income Income
20 units
Initial Project
minimum
20 units
project
size)
Affordable Units
Land Donation (very low
10%
15% 1%
income projects only)
20%
20%
5%
Qualified
25% (or
incentive of
24 units
24 units
equivalent
Condominium/Apartment
33% low -to-
financial
Conversions (Pursuant to
moderate
value NA
California Government
income
15% very
pursuant to
Code Section 65915.5),
low income
CA Govt
Market -Rate
Code
t -Rate
Rate
Section
65915.5)
TABLE 3-17
35%
25%
EXAMPLE DENSITY BONUS CALCULATION
Very Low Lower Income Moderate
Income Income
20 units
Initial Project
20 units
20 units
Size
Affordable Units
5%
10%
10%
Density Bonus
20%
20%
5%
Qualified
Total Project
24 units
24 units
21 units
Units
Distribution of
1 Very Low
2 Lower Income
2 Moderate
Project Units
Income 23
22 Market -Rate
IncMarkee 19
Market -Rate
t -Rate
Rate
E. Specific Requirements.
1. Senior Citizen Housing Requirements.
5
30%
NA
Senior Housing
35 units
100%
42 units
42 units
a. Senior citizen housing development projects shall have a minimum of 35
units and shall meet the requirements described in Section 51.3 of the
California Civil Code or any successor statute or regulation.
b. Mobile home parks shall limit residency based on age requirements for
housing for older persons pursuant to Section 798.76 or 799.5 of the
California Civil Code, or any successor statute or regulation.
2. Land Donation Requirements. An applicant for a tentative map, parcel map or
any other discretionary approval required to construct a residential
development in the City shall receive a 15 percent density bonus for the
residential development when the applicant donates land to the City as
provided in this Chapter. This 15 percent bonus shall be in addition to any
other density bonus provided for in this Section, up to a total combined
density bonus of 35 percent. Applicants are eligible for the 15 percent land
donation density bonus if all of the following conditions are met:
a. The developer shall donate and transfer land to the City prior to approval
of the final map or other discretionary approval required for the residential
development.
b. The transferred land shall have the appropriate acreage and General Plan
and Zoning designation to permit development of affordable housing for
very low income households.
c. The transferred land shall be at least one acre or of sufficient size to
permit development of at least 40 residential units.
d. The transferred land shall be served by adequate public facilities and
infrastructure.
e. The transferred land and the very low income units constructed shall have
a deed restriction recorded with the County Recorder, to ensure continued
affordability of the units. The deed restriction shall be recorded on the
property at the time of dedication.
f. The transferred land shall be conveyed in fee simple to the City or to a
housing developer approved by the City.
g. The transferred land shall be within the boundary of the proposed
residential development, or no more than approximately one-quarter mile
from the boundary of the qualified project, if the City so approves.
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h. No later than the date of approval of the final map or other discretionary
approval required for the residential development, the transferred land
shall have all of the permits and approvals, other than building permits,
necessary for the development of the very low income housing units on
the transferred land.
3. Child Care Facility Requirements
a. The City shall grant either of the following to a density bonus project that
includes a child care facility located on the premises of, or adjacent to, the
project:
i. An additional density bonus in an amount equivalent to the
square footage of the childcare facility; or
ii. An additional concession or incentive that contributes
significantly to the economic feasibility of the construction of the
child care facility.
b. In order to receive the additional child care density bonus, the project shall
comply with the following requirements:
The child care facility shall remain in operation for a period of
time that is as long as, or longer, than the period of time during
which the density bonus units are required to remain affordable.
ii. Of the children who attend the child care facility, the percentage
of children of very low income, low income, or moderate income
households shall be equal to, or greater than, the percentage of
affordable units required to be set aside for each such group.
c. Notwithstanding any requirement of this Section, the City shall not be
required to provide a density bonus or concession for a child care facility if
it finds, based upon substantial evidence, that the community already has
adequate child care facilities.
F. Standards. A density bonus shall only be granted in conjunction with a
Development Review Permit and shall only be granted if all of the following
conditions are met:
1. The housing costs of units made available to qualifying households must
not exceed the limits of affordability established pursuant to Section
50052.5 and 50053 of the California Health and Safety Code, as amended.
Determinations of affordability for housing made available for sale or rent to
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qualifying households shall be governed by the regulations set forth in Title
25, Section 6910 et seq., of the California Code of Regulations, as
amended.
2. Housing units made available to qualifying households must remain
available to such households, at affordable rates, for a minimum of thirty
(30) years, or such longer period of time specified in loan agreements or
subsidy programs associated with the development project.
3. Prior to issuance of any building permit for the project as a whole, the
developer shall enter into and record an affordable housing agreement with
the City of Diamond Bar, in a form approved by the City, to be recorded
and to run with the land, further describing conditions and covenants
affecting the building, including, but not limited to:
i. The number of and duration of the affordability for the affordable
units;
ii. The method in which the developer and the city are to monitor
the affordability of the subject affordable units and the eligibility
of the tenants or owners of those units over the period of the
agreement;
iii. The method in which vacancies will be marketed and filled;
iv. A description of the location and unit type (bedrooms, floor area,
etc.) of the affordable units within the project; and
V. Standards for maximum qualifying household incomes and
standards for maximum rents or sales prices.
4. The developer shall verify income data for each qualifying household for
the purpose of establishing eligibility and affordable housing costs.
5. Housing units which are made available to qualifying households shall be
constructed so as to resemble and be compatible with all other units in the
same development. Affordable units shall be constructed concurrently with
the market -rate units and be dispersed throughout the project, unless both
the City Council and developer agree to an alternative construction
schedule and distribution pattern.
G. Concessions or Incentives. In compliance with State law, developers that
request a density bonus to provide on-site affordable housing are also eligible to
receive up to three (3) concessions or incentives, based on the type and scope
of the project, as follows:
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1. The review authority shall approve a requested concession or incentive for a
proposed project that the developer satisfactorily demonstrates will result in
identifiable, financially sufficient, and actual project cost reductions, unless the
review authority makes a written finding, based on substantial evidence, of any of
the following:
a. The concession or incentive is not required in order to provide
for affordable housing costs or for rents for the targeted units to be set aside;
b. The concession would have a specific adverse impact, as
defined in Section 65589.5(d)(2) of the California Government Code, upon public
health and safety or the physical environment or on any real property that is
listed in the California Register of Historical Resources and for which there is no
feasible method to satisfactorily mitigate or avoid the specific adverse impact
without rendering the development unaffordable to low- and moderate -income
households; or
c. The concession would be contrary to State or Federal law.
2. Menu of Concessions/Incentives. Concessions or Incentives that a developer
may request include those of the type set forth in subsection (k) of Section 65915
of the California Government Code, including the following:
a. Relaxation or other modification of zoning standards regulating such items
as setbacks height limitations, distances between buildings, required
parking, parking development standards, projections into yards, and the
like, which result in identifiable, financially sufficient, and actual cost
reductions. No separate variance application will be required for any
modification of standards. However, the approved plans and application
Target Units
Target Group
5% 10%
15%
Very Low Income
10% 20%
30%
Lower Income
Moderate Income (Common Interest Development Only)
10% 20%
30%
Concessionsllncentives `
1 2
3
Child care facility: When a qualified project includes a child care facility, the applicant
shall be
entitled to receive one additional incentive.
1. The review authority shall approve a requested concession or incentive for a
proposed project that the developer satisfactorily demonstrates will result in
identifiable, financially sufficient, and actual project cost reductions, unless the
review authority makes a written finding, based on substantial evidence, of any of
the following:
a. The concession or incentive is not required in order to provide
for affordable housing costs or for rents for the targeted units to be set aside;
b. The concession would have a specific adverse impact, as
defined in Section 65589.5(d)(2) of the California Government Code, upon public
health and safety or the physical environment or on any real property that is
listed in the California Register of Historical Resources and for which there is no
feasible method to satisfactorily mitigate or avoid the specific adverse impact
without rendering the development unaffordable to low- and moderate -income
households; or
c. The concession would be contrary to State or Federal law.
2. Menu of Concessions/Incentives. Concessions or Incentives that a developer
may request include those of the type set forth in subsection (k) of Section 65915
of the California Government Code, including the following:
a. Relaxation or other modification of zoning standards regulating such items
as setbacks height limitations, distances between buildings, required
parking, parking development standards, projections into yards, and the
like, which result in identifiable, financially sufficient, and actual cost
reductions. No separate variance application will be required for any
modification of standards. However, the approved plans and application
shall identify the zoning standards modifications which have been
incorporated into the project.
b. Modification of architectural regulations ordinarily applied to a residential
development project.
c. Regulatory concessions resulting in identifiable, financially sufficient, and
actual cost reductions, including, but not limited to, fee waivers, expedited
permit processing and reduction of off-site improvements.
d. The assignment of Section 8 housing assistance payments, as available,
to the applicants for the targeted housing units.
e. Other regulatory incentives or concessions proposed by the developer or
the City, which result in identifiable, financially sufficient, and actual project
cost reductions.
3. Parking Incentives.
A. Notwithstanding any other provision of this Title, if requested by the developer,
the minimum number of off-street parking spaces, inclusive of handicapped and guest
parking spaces, required to be provided for all units within a qualifying density bonus
housing development shall be as follows:
Number of Bedrooms Required Parking Spaces per Unit'
0 to 1 bedroom 1
2 to 3 bedrooms 2
4 or more bedrooms 2.5
If the total number of spaces required results in a fractional number, it
shall be rounded up to the next whole number.
H. Project Review Procedures. All project applications for which a density bonus is
being requested shall be subject to the issuance of a Development Review
Permit; provided, further, that the following additional project review procedures
shall be imposed:
1. A pre -application shall be made by the project applicant, and the project
applicant and the City shall conduct a pre -application meeting. The
purpose of the pre -application and pre -application meeting will be to
review any preliminary development plans prepared by the developer and
to discuss the additional project concessions or incentives sought by the
developer,
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2. In accordance with California Government Code Section 65915, and in
addition to the concessions/incentives provided for in Subsection G above,
a developer may request a waiver or modification of any development
standard that the developer can demonstrate physically precludes the
construction of the development at the allowable density and/or with the
incentives permitted in this Section. If the City finds that the development
standard physically precludes the construction of a development that
would otherwise be permitted under this Section, the City may only deny
the request for waiver or modification if it finds that:
i. The waiver/modification would have a specific, adverse impact
upon the health, safety or the physical environment, or on any real
property that is listed in the California Register of Historical
Resources, and there is no feasible method to satisfactorily mitigate
or avoid the specific adverse impact; or
ii. The waiver or modification would be contrary to State or Federal
law.
3. No special application for density bonus shall be required. However, the
request for a density bonus and proposals for concessions/incentives or
waivers/modifications of development standards, shall be made in writing
at the time of filing the Development Review application and shall be
processing in conjunction with the underlying application. The request
shall identify the specific density bonus, concessions/incentives
requested, and any development standards to be waived/modified. In
addition, for all concessions/incentives requested, the developer/applicant
shall provide the City with detailed financial statements and/or other
evidence that the requested concessions/incentives will result in
identifiable, financially sufficient, and actual project cost reductions. Upon
approval of a housing development project pursuant to this Section, the
Planning Division shall note in the project record that a density bonus has
been granted, and the approved plans and application shall identify all
concessions and incentives and/or waivers and modifications granted and
any special conditions imposed on the project to ensure unit affordability.
SECTION 4. A new Section 22.42.150 is added to Chapter 22.42 of Title 22 of the
Diamond Bar Development Code to read as follows:
Section 22.42.150. Emergency Shelters.
In addition to other applicable standards set forth in this Code, emergency shelters shall
also be subject to the following development standards:
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I . Each resident shall be provided a minimum of 50 gross square feet of personal
living space per person, not including space for common areas. In no case shall
occupancy exceed 30 residents at any one time. Bathing facilities shall be provided in
quantity and location as required in the California Plumbing Code (Title 24 Part 5), and
shall comply with the accessibility requirements of the California Building Code (Title 24
Part 2).
2. Off-street parking shall be provided as set forth in Chapter 22.30, except that the
number of off-street parking spaces provided shall be one (1) parking space per four (4)
adult beds, plus one space for each employee on the largest shift. Notwithstanding this
requirement, the required number of off-street parking spaces shall not exceed the
spaces required for similar uses of the same size in the I zone.
3. Outdoor activities such as recreation, drop-off and pick-up of residents, or similar
activities may be conducted at the facility. Staging for drop-off, intake, and pickup shall
take place inside a building, at a rear or side entrance, or inner courtyard. Emergency
shelter plans must show the size and location of any proposed waiting or resident intake
areas, interior or exterior.
4. Prior to commencing operation, the emergency shelter provider shall prepare and
file with the City, for review and approval of the Director of Community Development, a
written management and operations plan. The management and operations plan shall
include, without limitation, hours of operation, staffing levels, provisions for staff training,
resident identification process, maximum length of stay, neighborhood outreach,
policies regarding pets, the timing and placement of outdoor activities, temporary
storage of residents' personal belongings, safety and security, loitering control,
management of outdoor areas, screening of residents to ensure compatibility with
services provided at the facility, and training, counseling and social service programs for
residents, as applicable.
5. No more than one emergency shelter is permitted within a radius of three
hundred (300) feet from another emergency shelter.
6. Individual occupancy in an emergency shelter is limited to six months total in any
12 month period.
7. Exterior lighting shall be provided at all building entrances and outdoor activity
areas, and shall be activated between sunset and sunrise of each day. All exterior
lighting shall comply with Section 22.16.050,
8. Each emergency shelter shall have an on-site management office, with at least
one employee on duty at all times the emergency shelter is in operation or is occupied
by at least one resident.
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9. Each emergency shelter shall have on-site security employees, with at least one
security employee on duty at all times the emergency shelter is in operation or is
occupied by at least one resident.
10. Facilities must provide a storage area for refuse and recyclables that is enclosed
by a six-foot high landscape screen, solid wall or fence, which is accessible to collection
vehicles on one side. It must be large enough to accommodate the number of bins that
are required to provide the facility with sufficient service so as to avoid the overflow of
material outside of the bins provided.
11. The emergency shelter facility may provide one or more of the following specific
facilities and services, including but not limited to:
a. Commercial kitchen facilities designed and operated in compliance with the
California Retail Food Code;
b. Dining area;
C. Laundry;
d. Recreation room;
e. Support services (e.g., training, counseling); and
f. Child Care Facilities
12. Applications for emergency shelters shall be submitted to the Community
Development Director, and if the application meets all applicable standards, including
design, development, and any other state or local requirement, the application shall be
approved ministerially by the Director. The Director may not disapprove an application
for an emergency shelter unless he or she makes written findings, based upon
substantial evidence in the record, as to one of the following:
(1) The City has met or exceeded the need for emergency shelters as identified in
the Housing Element, and that the disapproval is not based on any of the reasons
prohibited by California Government Code Section 65008.
(2) The emergency shelter would have a specific, adverse impact upon the public
health or safety, and there is no feasible method to satisfactorily mitigate or avoid the
specific adverse impact without rendering the development of the emergency shelter
financially infeasible. As used in this paragraph, a "specific, adverse impact' means a
significant, quantifiable, direct, and unavoidable impact, based on objective, identified
written public health or safety standards, policies, or conditions as they existed on the
date the application was deemed complete.
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(3) The denial of the project or imposition of conditions is required in order to comply
with specific state or federal law, and there is no feasible method to comply without
rendering the development of the emergency shelter financially infeasible.
(4) The emergency shelter is proposed on land zoned for agriculture or resource
preservation that is surrounded on at least two sides by land being used for agricultural
or resource preservation purposes, or which does not have adequate water or
wastewater facilities to serve the project.
(5) The emergency shelter is inconsistent with both the Development Code and
General Plan land use designation as specified in any element of the general plan as it
existed on the date the application was deemed complete, and the jurisdiction has
adopted a revised housing element in accordance with Government Code Section
65588 that is in substantial compliance with state law.
SECTION 5. A new Section 22.42.160 is added to Chapter 22.42 of Title 22 of the
Diamond Bar Development Code to read as follows:
22.42.160. Single -Room Occupancy Housing (SRO).
Single -Room Occupancy Housing shall conform to the following standards
i. The minimum size of a unit shall be 150 square feet and the maximum shall be
375 square feet, which may include bathroom and kitchen facilities, and shall be
limited to maximum two persons per unit.
ii. Each unit shall be provided a kitchen sink with a garbage disposal, serviced with
hot and cold water, and a counter top measuring a minimum of 18 inches wide by
24 inches deep. If each individual unit is not provided with a minimum of a
refrigerator and a microwave oven, a complete kitchen facility consisting of a
range, sink with garbage disposal, and refrigerator shall be provided on each
floor of the structure for residents.
iii. For each unit a private toilet in an enclosed compartment with a door shall be
provided. This compartment shall be a minimum of 20 square feet. If private
bathing facilities are not provided for each unit, shared shower or bathtub
facilities shall be provided at a ratio of one for every seven units. The shared
shower or bathtub facility shall be on the same floor as the units it is intended to
serve and shall be accessible from a common area or hallway. Each shared
shower or bathtub facility shall be provided with an interior lockable door.
iv. Twenty -four-hour on-site management shall be provided at an SRO. The
applicant shall provide a copy of the proposed rules and residency requirements
governing the SRO. The management shall be solely responsible for the
enforcement of all rules that are reviewed and approved by the City as part of the
Conditional Use Permit.
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V. A Management Plan to address operations, safety and security and building
maintenance shall be submitted to the Director of Community Development for
review and approval prior to issuance of Certificate of Occupancy.
vi. Off-street parking shall be provided as set forth in Chapter 22.30, except that the
number of off-street parking spaces provided shall be one parking spaces per
unit, plus two parking spaces for on-site management.
vii. The building shall contain a minimum of 250 square feet of common space such
as recreation areas, lounges, and living spaces. An additional 10 square feet of
common space is required per rooming unit over 11 units. Shared bathroom
facilities, laundries, hallways, the main lobby, vending areas and shared kitchens
shall not be counted as common space.
viii. If laundry facilities are not provided in each unit, common laundry facilities shall
be provided on-site.
ix. Garbage disposal and receptacles are to be provided by the property owner as
set forth under Chapter 8.16 of Title 8. Garbage receptacles shall be located on
the property in a manner that does not hinder access to any required off-street
parking or loading spaces.
X. No more than one single room occupancy development is permitted within a
radius of one-quarter mile (1,320 feet) from another single room occupancy
development.
SECTION 6. Section 22.48.040 of Chapter 22.48 of Title 22 of the Diamond Bar
Municipal Code is amended to add a new subsection (7) to read as follows:
(7) For projects utilizing the affordable housing density bonus provisions in Section
22.18.010, the proposed project meets the requirements of Section 22.18.010.
SECTION 7. The alphabetical list of definitions in Section 22.80.020 of Chapter 22.80 of
Title 22 of the Diamond Bar Municipal Code is amended to add the following definitions
to read as follows:
Emergency shelter. A facility that provides housing with minimal supportive services for
homeless persons or families that is limited to occupancy of six months or less by a
homeless person.
Single -Room Occupancy Housing (SRO). A multi -tenant facility, other than a group
home or group residential facility, providing individual secure rooms for one or two
person households as their primary residence, which may have individual or shared
kitchen and/or bathroom facilities. SRO units are rented on a monthly basis or longer.
Supportive housing. Housing configured as rental housing developments with no limit
on length of stay, that is occupied by the target population as defined in Section
50675.14 of the California Health and Safety Code, and that is linked to onsite or offsite
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services that assist the supportive housing resident in retaining the housing, improving
his or her health status, and maximizing his or her ability to live, and when possible,
work in the community. Supportive housing shall be considered a residential use
subject to the same standards as other similar residential uses of the same type in the
same zone, based upon the predominant operating characteristics of the use.
Supportive housing does not include halfway houses or maternity hotels.
Transitional housing. Housing configured as rental housing developments, but operated
under program requirements that call for the termination of assistance and recirculation
of the assisted unit to another eligible program recipient at some predetermined future
point in time, which shall be no less than six months, pursuant to Subsection (h) of
Section 50675.2 of the California Health and Safety Code. Transitional housing shall be
considered a residential use subject to the same standards as other similar residential
uses of the same type in the same zone, based upon the predominant operating
characteristics of the use. Supportive housing does not include halfway houses or
maternity hotels.
SECTION 8. ENVIRONMENTAL REVIEW. City Council Resolution No.
adopting a Negative Declaration for the General Plan and Development Code
amendments proposed pursuant to Planning Case No. PL2012-513 is hereby
incorporated herein by reference with the same force and effect as if set forth in full.
SECTION 9. GENERAL PLAN CONSISTENCY. The City Council hereby finds and
determines that the amendments to the Development Code made pursuant to this
Ordinance are internally consistent with the City of Diamond Bar General plan and other
adopted goals and policies of the City. The Housing Programs identified in Section V -B
of the 2008-2014 adopted Housing Element provide for the City to amend the
Development Code to implement the provisions of Senate Bill (SB) 2 and Senate Bill
(SB) 1818. Specifically, in accordance with SB 2, Housing Program No. 12 provides that
the City will develop specific development standards for emergency shelters and identify
a zone in which such facilities are permitted by right and will clarify that transitional and
supportive housing are residential uses subject to the same standards as other
residential uses of the same type in the same zone. Section V -B of the Housing
Element also provides that it is the policy of the City to, provide adequate housing sites
to achieve a variety and diversity of housing, including providing zoning to encourage
and facilitate low-cost options such as single -room occupancy housing. Objective 1.1,
Strategy 1.1.4 of the Land Use Element relating to the Light Industrial land use
designation provides that the Light Industrial (1) land use designation is intended to
accommodate the need for emergency shelters and single -room occupancy housing as
identified in the City's Housing Element. This Ordinance amends the Development
Code to include specific development standards for emergency shelters and single -
room occupancy housing and to permit and/or conditionally permit such uses in the I
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(Light Industry) zoning district, which corresponds to the Light Industrial land use
designation in the Land Use Element. In addition, in accordance with SB 1818, Housing
Program No. 14 provides that the City will consider appropriate changes to the density
bonus provisions of the Development Code to address the provisions of SB 1818. This
Ordinance amends the provisions of the Development Code pertaining to density bonus
housing developments to be consistent with the provisions of SB 1818 and related State
law.
SECTION 10. SEVERABILITY. If any part or provision of this Ordinance or the
application to any ,person or circumstance is held invalid, the remainder of this
Ordinance, including the application of such part of provision to other persons or
circumstances, shall not be affected and shall continue in full force and effect. To this
end, the provisions of this Ordinance are severable.
SECTION 11. PUBLICATION. The City Clerk shall certify as to the passage and
adoption of this ordinance and shall cause the same, or a summary thereof, to be
published and posted pursuant to the provisions of law.
SECTION 12. EFFECTIVE DATE. This ordinance shall go into effect and be in full
force and operation from and after thirty (30) days after its final passage and adoption.
PASSED, APPROVED AND ADOPTED THIS 4TH DAY OF JUNE 2013, BY THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR.
Jack Tanaka, Mayor
I, Tommye Cribbins, City Clerk of the City of Diamond Bar, do hereby certify that the
foregoing Ordinance was duly introduced at a regular meeting of the City Council of the
City of Diamond Bar held on the 4th day of June, 2013 and was finally passed at a
regular meeting of the City Council held on the 18th day of June, 2013, by the following
vote:
AYES: Council Members:
NOES: Council Members:
17
ATTEST:
ABSENT: Council Members:
ABSTAIN: Council Members:
Tommye Cribbins, City Clerk
City of Diamond Bar
In
-I Attachment 6 ORIGINAL, FILED
MAR 2 8 2013
NOTICE OF AVAILABILITY AND
INTENT TO ADOPT NEGATIVE DEC LARA-WNGELES,COUNTYCLEPJ
City of Diamond Bar, 21810 Copley Drive, Diamond Bar, CA 91765 (909) 839-7030
NOTICE: In accordance with the California Environmental Quality Act ("CEQA": Public Resources Code,
Section 21100 et seq.), the City of Diamond Bar has determined that the project referenced herein will not
have a significant effect on the environment. A draft Negative Declaration has been prepared for review and
approval in connection with the proposed project.
PROJECT TITLE: 2008-2014 Housing Element Implementation — Amendments to Title 22 of the
Diamond Bar Municipal Code ("Development Code") and Related Amendment to the Land Use
Category of the General Plan Land Use Element (Planning Case No. PL2012-513)
PROJECT ADDRESS: Citywide
PROJECT DESCRIPTION: The City of Diamond Bar proposes to amend certain sections of the Development
Code in order to implement policies and programs contained in the City's certified 2008-2014 Housing Element.
These amendments fall into the following three categories:
Establishment of zoning standards for emergency shelters and transitional/supportive housing to be in
compliance with Senate Bill 2. The proposed Development Code amendment establishes the I (Light
Industry) zone to be the zoning district in which emergency shelters may be established by right; and
affirms SB 2's mandate that transitional/supportive housing shall be treated as a residential use subject
only to the same requirements as other residential uses of the same type in the same zone. The
General Plan Land Use Element land use category would be amended to accommodate the need for
emergency shelter identified in the Housing Element.
2. Establishment of zoning regulations for single -room occupancy (SRO) housing. The development code
amendment identifies the I (Light Industry) zone to allow housing for single -room occupancy units with a
conditional use permit. The I (Light Industry) General Plan land use category would be amended to
accommodate the need for single -room occupancy housing identified in the Housing Element.
3. Amendment to existing density bonus provisions to be in compliance with Senate Bill 1818.
Chapters 22.10, 22.18, 22.42, 22.48 and 22.80 are proposed to be amended and new Sections 22.42.150,
22.42.160 and 22.42.170 are proposed to be added to the Development Code in order to incorporate all of the
above provisions.
APPLICANT: City of Diamond Bar, Community Development Department, 21810 Copley Dr., Diamond Bar, CA
91765
ENVIRONMENTAL DETERMINATION: In accordance with CEQA Section 15070, the City prepared a Negative
Declaration for this project. Pursuant to CEQA Section 15105, the public review period for the Negative
Declaration begins April 3, 2013 and ends April 22, 2013. The Diamond Bar Planning Commission will consider
whether or not to recommend approval to the City Council to adopt the proposed Negative Declaration at the
following regularly scheduled meeting:
TIME OF MEETING: 7:00 p.m.
DATE OF PUBLIC MEETING: Tuesday, April 23, 2013
LOCATION: Diamond Bar City Hall — Windmill Community Room
21810 Copley Drive, Diamond Bar, California 91765
Copies of the Initial Study, documenting the reasons to support the finding that said project would not have a
significant effect on the environment, are available for review between the hours of 7:30 a.m. and 5:30 p.m. Monday
through Thursday and 7:30 a.m. to 4:30 p.m. on Friday, at the City of Diamond Bar, Community Development
Department/Planning Division, 21810 Copley Drive, Diamond Bar, CA 91765.
ComDev/Housing Element 2008 Implementation -Zoning Code Changes/Notice of Intent
INITIAL STUDY/ ENVIRONMENTAL CHECKLIST FORM
CITY OF DIAMOND BAR - 21810 COPLEY DRIVE - DIAMOND BAR, CA 91765 - TEL. (909) 839-7030 -
1. Project title: 2008-2014 Housing Element Implementation - Zoning
Code Changes and Related Amendment to the Land
Use Category of the General Plan Land Use Element
(Planning Case No. PL2012-513)
2. Lead agency name and address: City of Diamond Bar, 21810 Copley Drive, Diamond
Bar, CA, 91765
3. Contact person and phone number: Grace S. Lee, Senior Planner, 909-839-7032
4. Project location: Citywide
5. Project sponsors name and address: City of Diamond Bar, 21810 Copley Drive,
Diamond Bar, CA 91765
6. General Plan Designation: Various
7. Zoning: Various
Description of project: (Describe the whole action involved, including but not limited to later
phases of the project, and any secondary, support, or off-site features necessary for its
implementation. Attach additional sheets if necessary)
The City of Diamond Bar proposes to amend certain sections of the Development Code and land
use category of the General Plan Land Use Element in order to implement policies and programs
contained in the City's certified 2008-2014 Housing Element. These amendments fall into the
following three categories:
Zoning for emergency shelters and transitional/supportive housing to be in compliance
with Senate Bill 2. The development code amendment identifies the I (Light Industry)
zone where emergency shelters may be established by right; and provides that
transitional/supportive housing is a residential use.subject only to the same requirements
as other residential uses of the same type in the same zone. The I (Light Industry)
General Plan land use category would be amended to accommodate the need for
emergency shelter identified in the Housing Element..
2. Zoning for single -room occupancy housing (SRO). The development code amendment
identifies the I (Light Industry) zone to allow housing for single -room occupancy units with
a conditional use permit. The I (Light Industry) General Plan land use category would be
amended to accommodate the need for single -room occupancy housing identified in the
Housing Element.
3. Zoning for density bonus provisions to be in compliance with Senate Bill 1818. This
amendment to the existing regulations makes appropriate changes to address S131818.
Chapters 22.10, 22.18, 22.42, 22.48 and 22.80 of the Development Code are proposed to be
amended and Sections 22.42.150, 22.42.160 and 22.42.170 are proposed to be added.
No development is currently proposed in connection with this Development Code Amendment.
All of the proposed amendments are implementation actions of the City's 2008-2014 General
Plan Housing Element and are necessary in order for the City to ensure continued conformance
with state law.
9. Surrounding land uses and setting: (Briefly describe the project's surroundings)
The project is citywide and not site-specific.
10. Other public agencies whose approval is required (e.g., permits, financing approval, or
participation agreement): None.
ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED
The environmental factors checked below would be potentially affected by this project, involving at
least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following
pages.
Aesthetics
Agricultural Resources
Air Quality
Biological Resources
Cultural Resources
Geology/Soils
Greenhouse Gas Emissions
Hazards & Hazardous Materials
Hydrology/Water Quality
Land Use/Planning
Mineral Resources
Noise
Population/Housing
Public Services
Recreation
Transporlation/Traffic
Utilities/Service Systems
Mandatory Findings of
document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures
Significance
DETERMINATION: (To be completed by the Lead Agency)
On the basis of this initial evaluation:
X
I find that the proposed project COULD NOT have a significant effect on the environment, and a
NEGATIVE DECLARATION will be prepared.
I find that although the proposed project could have a significant effect on the environment, there will not
be a significant effect in this case because revisions in the project have been made by or agreed to by the
project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared.
I find that the proposed project MAY have a significant effect on the environment, and an
ENVIRONMENTAL IMPACT REPORT is required.
I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless
mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier
document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures
based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT
is required, but it must analyze only the effects that remain to be addressed.
I find that although the proposed project could have a significant effect on the environment, because all
potentially significant effects (a) have been analyzed adequately in an earlier FIR or NEGATIVE
DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that
earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed
upon the proposed project, nothing further is required.
Page 2
Signature:
Printed
Name:
Date: 03/28/2013
Grace S. Lee, Senior Planner For: City of Diamond Bar
EVALUATION OF ENVIRONMENTAL IMPACTS:
1) A brief explanation is required for all answers except "No Impact' answers that are adequately
supported by the information sources a lead agency cites in the parentheses following each question.
A "No Impact' answer is adequately supported if the referenced information sources show that the
impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault
rupture zone). A "No Impact' answer should be explained where it is based on project -specific factors
as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based
on a project specific screening analysis).
2) All answers must take account of the whole action involved, including off-site as well as on-site,
cumulative as well as project -level, indirect as well as direct, and construction as well as operational
impacts.
3) Once the lead agency has determined that a particular physical impact may occur, then the
checklist answers must indicate whether the impact is potentially significant, less than significant with
mitigation, or less than significant. "Potentially Significant Impact' is appropriate if there is substantial
evidence that an effect is significant. If there are one or more "Potentially Significant Impact' entries
when the determination is made, an EIR is required.
4) "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the
incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact' to a
"Less than Significant Impact." The lead agency must describe the mitigation measures, and briefly
explain how they reduce the effect to a less than significant level (mitigation measures from Section
XVII, "Earlier Analyses," maybe cross-referenced).
5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEOA
process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section
15063(c)(3)(D). In this case, a brief discussion should identify the following:
a.) Earlier Analysis Used. Identify and state where they are available for review.
b.) Impacts Adequately Addressed. Identify which effects from the above checklist were
within the scope of and adequately analyzed in an earlier document pursuant to applicable
legal standards, and state whether such effects were addressed by mitigation measures
based on the earlier analysis.
c.) Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures
Incorporated," describe the mitigation measures which were incorporated or refined from
the earlier document and the extent to which they address site-specific conditions for the
project.
6) Lead agencies are encouraged to incorporate into the checklist references to information sources
for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or
Page 3
outside document should, where appropriate, including a reference to the page or pages where the
statement is substantiated.
7) Supporting Information Sources: A source list should be attached, and other sources used or
individuals contacted should be cited in the discussion.
8) This is only a suggested form, and lead agencies are free to use different formats; however, lead
agencies should normally address the questions from this checklist that are relevant to a project's
environmental effects in whatever format is selected.
9) The explanation of each issue should identify:
a) The significance criteria or threshold, if any, used to evaluate each question; and
b) The mitigation measure identified, if any, to reduce the impact to less than significance.
QU ESTION.
X
b) Substantially damage scenic resources, including, but not
Potentially
X
limited to, trees, rock outcroppings, and historic buildings within a
Potentially
Significant
Less than
No
FISSUES
Significant
Unless
Significant
Impact
c) Substantially degrade the existing visual character or quality of
Impact
Mitigation
Impact
X
Incorporated
I. AESTHETICS. Would the project:
a Have a substantial adverse effect on a scenic vista?
X
b) Substantially damage scenic resources, including, but not
X
limited to, trees, rock outcroppings, and historic buildings within a
state scenic highway?
c) Substantially degrade the existing visual character or quality of
X
the site and its surroundings?
d) Create a new source of substantial light or glare which would
X
,., ol„ �rto,t -a nr ninhttime views in the area?
Impact Discussion: This project is a zoning code amendment which, by itself, does not propose any
new construction. For any proposed development permitted by this amendment, a separate
environmental review would be conducted and mitigation measures as appropriate would be included.
That review would include assessment of potential impacts on a scenic vista, existing visual character or
quality of the site and its surroundings, and new sources of substantial light or glare.
No officially designated State scenic routes or highways exist in the City of Diamond Bar. Therefore, the
proposed project will have no impact on any scenic resources, trees, rock outcroppings or historic
buildings.
Page 4
I1. AGRICULTURE RESOURCES. In oetermining wnemer Impacts to agncuiw1a1 1650UIGUS a
significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation
and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional
model to use in assessing impacts on agriculture and farmland. In determining whether impacts to forest
resources, including timberland, are significant environmental effects, lead agencies may refer to
information compiled by the California Department of Forestry and Range Assessment project and the
Forest Legacy Assessment project; and forest carbon measurement methodology provided in Forest
Protocols adopted by the California Air Resources Board. Would the project:
a) Convert Prime Farmland, Unique Farmland, or Farmland of
Potentially
Statewide Importance (Farmland), as shown on the maps
Potentlally
sign"'cant
Less than
No
prepared pursuant to the Farmland Mapping and Monitoring
Signfficent
Unless
Significant
Impact
Program of the California Resources Agency, to non-agricultural
Impact
Mitigation
Impact
ISSUES
Incorporated
I1. AGRICULTURE RESOURCES. In oetermining wnemer Impacts to agncuiw1a1 1650UIGUS a
significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation
and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional
model to use in assessing impacts on agriculture and farmland. In determining whether impacts to forest
resources, including timberland, are significant environmental effects, lead agencies may refer to
information compiled by the California Department of Forestry and Range Assessment project and the
Forest Legacy Assessment project; and forest carbon measurement methodology provided in Forest
Protocols adopted by the California Air Resources Board. Would the project:
a) Convert Prime Farmland, Unique Farmland, or Farmland of
Statewide Importance (Farmland), as shown on the maps
X
prepared pursuant to the Farmland Mapping and Monitoring
X
Program of the California Resources Agency, to non-agricultural
use?
Impact Discussion: The city has no places designated Prime Farmland, Unique Farmland or Farmland
of Statewide Importance. There are no agricultural activities in the city. Project implementation would
not result in the conversion of farmland to non-agricultural use.
b) Conflict with existing zoning for agricultural use, or a X
Williamson Act contract?
Impact Discussion: Implementation of the proposed project would not conflict with existing zoning for
agricultural use, or a Williamson Act contract. Therefore no impacts would result from proposed project.
c) Conflict with existing zoning for, or cause rezoning of, forest
land (as defined in Public Resources Code Section 12220(g)),
timberland (as defined by Public Resources Code Section
X
4526), or timberland zoned Timberland Production (as defined
b Government Code Section 51104 ?
Impact Discussion: The city has no forestland, timberland or timberland zoned Timberland Production
uses. Thus, the proposed project does not involve changes in the existing environment that could
conflict with existing zoning or cause of rezoning of forestland, timberland, or timberland zoned
Timberland Production.
d) Result in the loss of forest land or conversion of forest land to X
non -forest use?
Impact Discussion: There are no forest land uses in the city. Thus, the proposed project does not
involve changes in the existing environment that could result in loss of forest land or conversion of forest
land to non -forest use.
Page 5
Impact Discussion: There are no farmland uses in the city. Thus, the proposed project does not involve
changes in the existing environment that could result in conversion of Farmland to non-agricultural uses.
Potentially
X
ity plan?
Potentially
Significant
Less than
No
te any air quality standard or contribute substantially to anX
Significant
Unless
Significant
Impact
ing or projected air uality violation?
FEf
Impact
Mitigation
Impact
UES
re)
Incorporated
nvolve other changes in the existing environment which, due
to their location or nature, could result in conversion of
X
Farmland, to non-agricultural use?
Impact Discussion: There are no farmland uses in the city. Thus, the proposed project does not involve
changes in the existing environment that could result in conversion of Farmland to non-agricultural uses.
111. AIR QUALITY. Where available, the significant criteria established by the applicable air quality
management or air pollution control district may be relied upon to make the following determinations.
Would the project:
lict with or obstruct implementation of the applicable air
Potentially
X
ity plan?
Potentially
Signcant
Less than
No
te any air quality standard or contribute substantially to anX
Significant
Unless
Significant
Impact
ing or projected air uality violation?
FEf
Impact
Moitiporated
mpact
ISSUES
111. AIR QUALITY. Where available, the significant criteria established by the applicable air quality
management or air pollution control district may be relied upon to make the following determinations.
Would the project:
lict with or obstruct implementation of the applicable air
X
ity plan?
te any air quality standard or contribute substantially to anX
ing or projected air uality violation?
FEf
Result in a cumulatively considerable net increase of any
eria pollutant for which the project region is non -attainment
under an applicable federal or state ambient air quality standard
X
(including releasing emissions which exceed quantitative
thresholds for ozone precursors)?
d) Expose sensitive receptors to substantial pollutant
X
concentrations?
Impact Discussion for a -d: This project is a zoning code amendment which, by Itself, does not
propose any new construction, and therefore would have no ability to generate air pollutants. For any
proposed development permitted by this amendment, a separate environmental review would be
conducted and mitigation measures as appropriate would be included. That review would include
assessment of potential impacts for compliance with applicable air quality plans and standards,
potential contributions to an existing or projected air quality violation, and potential net increase of any
criteria pollutant.
e) Create objectionable odors affecting a substantial number of X
people
Impact Discussion: This project is zoning code amendment which, by itself, does not proposed any
new construction, and therefore would have no ability to create objectionable odors.
Page 6
IV. BIOLOGICAL KtSvuKGtb. vvowa ule pruJecr.
adverse effect, either directly or throughfications,
Potentially
-
Potentially
Sign can[
Less than
No
FISSUES
Significant
Unless
Signifcant
Impact
egulations, or by the California Department of Fishr
Impact
Mitigation
Impact
U.S. Fish and Wildlife Service?
Incor orated
IV. BIOLOGICAL KtSvuKGtb. vvowa ule pruJecr.
adverse effect, either directly or throughfications,
on any species identified as a candidate,
X
7Haveaantial
special status species in local or regional plans,
X
egulations, or by the California Department of Fishr
U.S. Fish and Wildlife Service?
Impact Discussion: This project is zoning code amendment which, by itself, does not propose any new
construction. For any proposed development permitted by this amendment, a separate environmental
review would be conducted and mitigation measures as appropriate would be included. That review
would include assessment of potential adverse impacts to Federal or State listed or other designated
species.
b) Have a substantial adverse effect on any riparian habitat or
other sensitive natural community Identifed in local or regional
X
plans, policies, regulations or by the California Department of
X
Fish and Game or U.S. Fish and Wildlife Service?
Impact Discussion: This project is zoning code amendment which, by itself, does not propose any
new construction. For any proposed development permitted by this amendment, a separate
environmental review would be conducted and mitigation measures as appropriate would be included.
c) Have a substantial adverse effect on federally protected
wetlands as defined by Section 404 of the Clean Water Act
(including, but not limited to, marsh, vernal pool, coastal, etc.)
X
through direct removal, filling, hydrological interruption, or
other means?
Impact Discussion: There are no federally protected wetlands located in the city. Therefore
implementation of the proposed project would not result in any impacts in this regard.
d) Interfere substantially with the movement of any native
resident or migratory fish or wildlife species or with established
native resident or migratory wildlife corridors, or impede the
use of native wildlife nurse sites?
Impact Discussion: This project is zoning code amendment which, by itself, does not propose any new
construction. For any proposed development permitted by this amendment, a separate environmental
review would be conducted and mitigation measures as appropriate would be included. That review
would include assessment of potential impacts with the movement of any native resident or migratory
fish or wildlife species or with established native resident or migratory corridors, or impede the use of
native wildlife nursery sites.
Page 7
e) Conflict with any local policies or ordinances protecting
biological resources, such as a tree preservation policy or X
ordinance?
Impact Discussion: While the city does have a tree preservation ordinance, this project is a zoning code
amendment which, by itself, does not proposed any new construction, including on sites that may have
protected trees. For any development permitted by this amendment, a separate environmental review
would be conducted and mitigation measures as appropriate would be included. That review would
include assessment of potential impacts on trees protected by city ordinance.
f) Conflict with the provisions of an adopted Habitat Conservation
Potentially
Plan, Natural Community Conservation Plan, or other
Potentially
Signcanl
Less than
No
approved local regional or state habitat conservation plan?
Significant
Unless
significant
Impact
ECause
logical resource ursuant to Section 15064.5?r
Impact
Mitigation
Impact
ISSUES
Incorporated
e) Conflict with any local policies or ordinances protecting
biological resources, such as a tree preservation policy or X
ordinance?
Impact Discussion: While the city does have a tree preservation ordinance, this project is a zoning code
amendment which, by itself, does not proposed any new construction, including on sites that may have
protected trees. For any development permitted by this amendment, a separate environmental review
would be conducted and mitigation measures as appropriate would be included. That review would
include assessment of potential impacts on trees protected by city ordinance.
f) Conflict with the provisions of an adopted Habitat Conservation
Potentially
Plan, Natural Community Conservation Plan, or other
Potentially
- SigniFlcant
Less than
X
approved local regional or state habitat conservation plan?
Significant
Unless
Significant
Impact
Impact Discussion: There are no adopted Habitat Conservation Plan, Natural Community Conservation
Plans or other approved local, regional, or state habitat conservation plans in the city. Therefore the
proposed project would not result in impacts in this regard.
V. CULTURAL RESOURCES. Would the project:
substantial adverse change in the significance of a
Potentially
l resource as defined in Section 15064.5? .
Potentially
- SigniFlcant
Less than
No
[SSES
Significant
Unless
Significant
Impact
ECause
logical resource ursuant to Section 15064.5?r
Impact
Mitigation
Impact
indirectly destroy a unique paleontological resource
Incorporated
V. CULTURAL RESOURCES. Would the project:
substantial adverse change in the significance of a
l resource as defined in Section 15064.5? .
substantial adverse change in the significance of an
ECause
logical resource ursuant to Section 15064.5?r
fl
indirectly destroy a unique paleontological resource
r uni
d) surany human remains, including those interred outside of
formal cemeteries?
Impact Discussion for a -d: This project is a zoning code amendment which, by itself, does not propose
any construction, including on sites that may contain historical, archaeological or paleontological
resources or human remains. For any proposed development permitted by this amendment, a separate
environmental review would be conducted and mitigation measures as appropriate would be included.
That review would include assessment of potential impacts on historical, archaeological or
paleontological resources or the disturbance of human remains.
Page 8
Impact Discussion: Southern California has numerous active and potentially active faults that could
produce strong ground shaking that could impact the project site. The City of Diamond Bar is in
proximity to the San Andreas and Sierra Madre Fault zone. This project is a zoning code amendment
which, by itself, does not propose any new construction. For any proposed development permitted by
this amendment, a separate environmental review would be conducted and mitigation measures as
appropriate would be included. That review would include assessment of potential impacts from strong
seismic ground shaking, seismic -related ground failure, including liquefaction, and landslides. In
addition, the California Building Code requires structural design and construction methods that minimize
the effects of strong seismic ground shaking. The California Building Code requirements would be
applied to any proposed project as standard conditions of project approval. Adherence to standard
engineering practices and design criteria relative to seismic and geologic hazards in accordance with the
2010 California Green Building Standards Code (CALGreen) is required. Conforming to these
requirements will ensure that emergency shelters that are permitted under the proposed zoning code
amendments would not result in significant impacts due to strong seismic ground shaking.
Page 9
Potentially
Significant
Uifinless Significant
I. Signcant I Less than
I No
Impact
Impact
Mitigation Impact
ISSUES
Incorporated
VI.
GEOLOGY AND SOILS. Would the project:
a)
Expose people or structures to potential substantial adverse
affects, includin the risk of loss, in'u , or death involving:
i) Rupture of a known earthquake fault, as delineated on the
most recent Alquist-Priolo Earthquake Fault Zoning Map
X
issued by the State Geologist for the area or based on other
evidence of a known fault? Refer to Division of
substantial
Mines and Geology Special Publication 42.
i Strong seismic ground shaking?
X
iii Seismic -related ground failure, including liquefaction?
X
b
iv Landslides?
Result in substantial soil erosion or the loss of topsoil?
X
c)
Be located on a geologic unit or soil that is unstable, or that
become unstable as a result of the project, and
X
would
potentially result in on- or off-site landslide, lateral spreading,
subsidence, liquefaction or collapse?
d)
Be located on expansive soil, as defined in Table 1804.2 of the
X
California Building Code (2007), creating substantial risks to
life or property?
e)
Have soils incapable of adequately supporting the use of
septic tanks or alternative waste water disposal systems
X
where sewers are not available for the disposal of waste
Impact Discussion: Southern California has numerous active and potentially active faults that could
produce strong ground shaking that could impact the project site. The City of Diamond Bar is in
proximity to the San Andreas and Sierra Madre Fault zone. This project is a zoning code amendment
which, by itself, does not propose any new construction. For any proposed development permitted by
this amendment, a separate environmental review would be conducted and mitigation measures as
appropriate would be included. That review would include assessment of potential impacts from strong
seismic ground shaking, seismic -related ground failure, including liquefaction, and landslides. In
addition, the California Building Code requires structural design and construction methods that minimize
the effects of strong seismic ground shaking. The California Building Code requirements would be
applied to any proposed project as standard conditions of project approval. Adherence to standard
engineering practices and design criteria relative to seismic and geologic hazards in accordance with the
2010 California Green Building Standards Code (CALGreen) is required. Conforming to these
requirements will ensure that emergency shelters that are permitted under the proposed zoning code
amendments would not result in significant impacts due to strong seismic ground shaking.
Page 9
VII. GREENHOUSE GAS EMISSION. Would the project:
te greenhouse gas emissions, either directly or
Potentially
tly, that may have a significant impact on the
Potentially
Signiflcanl
Lessthan
No
ment?
Significant
unless
Significant
Impact
Poewith an applicable plan, policy, or regulation adopted
Impact
Mitigation
Impact
ISSUES
Incorporated
X
VII. GREENHOUSE GAS EMISSION. Would the project:
te greenhouse gas emissions, either directly or
Potentially
tly, that may have a significant impact on the
Potentially
Signifcant
Less than
X
ment?
Sic nfcanl
unless
Significant
Impact
Poewith an applicable plan, policy, or regulation adopted
Impact
Mitigation
Impact
purpose of reducing the emissions of greenhouse
Incorporated
X
Impact Discussion for a and b: This project is a zoning code amendment which, by itself, does not propose
any new construction, and therefore would have no ability to generate greenhouse gas emissions. For any
proposed development permitted by this amendment, a separate environmental review would be
conducted and mitigation measures as appropriate would be included. That review would include
assessment of potential impacts of direct or indirect generation of greenhouse gas emissions, as well as
for compliance with applicable plans, policies or regulations adopted for the purpose of reducing the
emissions of greenhouse gases.
VIII. HAZARDS AND HAZARDOUS MATERIALS. Would the
project:
a) Create a significant hazard to the public or the environment
Potentially
through the routine transport, use, or disposal of hazardous
Potentially
Signifcant
Less than
No
materials?
Sic nfcanl
unless
Significant
Impact
environment?
Impact
Mitigation
Impact
ISSUES
Incorporated
VIII. HAZARDS AND HAZARDOUS MATERIALS. Would the
project:
a) Create a significant hazard to the public or the environment
through the routine transport, use, or disposal of hazardous
X
materials?
Impact Discussion: This project is a zoning code amendment which, by itself, does not proposed any new
construction. For any development permitted by this amendment, a separate environmental review would
be conducted and mitigation measures as appropriate would be included. That review would include
assessment of potential impacts from the routine transport, use, or disposal of hazardous materials.
b) Create a significant hazard to the public or the environment
through reasonable foreseeable upset and accident conditions
X
involving the release of hazardous materials into the
environment?
Impact Discussion: This project is a zoning code amendment which, by itself, does not proposed any new
construction. For any development permitted by this amendment, a separate environmental review would
be conducted and mitigation measures as appropriate would be included. That review would include
assessment of potential impacts from the reasonable foreseeable upset and accident conditions involving
the release of hazardous materials into the environment.
Page 10
Impact Discussion: This project is a zoning code amendment which, by itself, does not proposed any new
construction. For any development permitted by this amendment, a separate environmental review would
be conducted and mitigation measures as appropriate would be included. That review would include
assessment of potential impacts from hazardous emissions or handling of hazardous or acutely hazardous
materials, substances, or waste.
d) Be located on a site which is included on a list of hazardous
ISSUES
PotentiaLess
Significigncant
ImpacImpact
Tness1Signcant
than
No
Impact
Section 65962.5 and, as a result, would it create a significant
-T
c) Emit hazardous emissions or handle hazardous ora cutely
hazardous materials, substances, or waste within one-quarter
hazard to the public or the environment?
X
mile of an existing or proposed school?
Impact Discussion: This project is a zoning code amendment which, by itself, does not proposed any new
construction. For any development permitted by this amendment, a separate environmental review would
be conducted and mitigation measures as appropriate would be included. That review would include
assessment of potential impacts from hazardous emissions or handling of hazardous or acutely hazardous
materials, substances, or waste.
d) Be located on a site which is included on a list of hazardous
materials sites compiled pursuant to Government Code
X
Section 65962.5 and, as a result, would it create a significant
hazard to the public or the environment?
Impact Discussion: This project is a zoning code amendment which, by itself, does not proposed any new
construction. For any development permitted by this amendment, a separate environmental review would
be conducted and mitigation measures as appropriate would be included to reduce potential hazards to the
public to a less than significant level.
aproject located within an airport land use plan, or where
e} Forapro'ect
such a plan has not been adopted, within two miles of a public
X
airport or public use airport, would the project result in a safety
hazard for peo le residing or working in the project area?
Impact Discussion: The city is not located within an airport land use plan or within two miles of an airport.
No impacts would occur in this regard.
or a project within the vicinity of a private airstrip, would the
roject result in a safety hazard for people residing or working
7i�
L
n the project area?
Impact Discussion: The city is not located within an airport land use plan with within two miles of an
airport. No impacts would occur in this regard.
g) Impair implementation of or physically interfere with an
adopted emergency response plan or emergency evacuation
X
nlan?
Impact Discussion: This project is a zoning code amendment which, by itself, does not proposed any new
construction. For any proposed development permitted by this amendment, a separate environmental
review would be conducted and mitigation. measures as appropriate would be included to ensure the
implementation of an adopted emergency response plan or emergency evacuation plan is not impaired or
physically interfered with.
Page 11
h) Expose people or structures to a significant risk of loss, injury
Potentially
or death involving wildland fires, including where wildlands are
Potentially
Significant
Less than
No
adjacent to urbanized areas or where residences are
Significant
Unless
Significant
Impact
ISSUES
Impact
Mitigation
Impact
X
existing nearby wells would drop to a level which would not
Incorporated
h) Expose people or structures to a significant risk of loss, injury
or death involving wildland fires, including where wildlands are
X
adjacent to urbanized areas or where residences are
intermixed with wildlands?
X
Impact Discussion: There are no wildlands near the city, thus the proposed project will not expose people
or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands
are adjacent to urbanized areas or where residences are intermixed with wildlands.
Potentially
Potentially Significant Lessthan No
significant Unless Significant Impact
ISSUES Impact Mitigation Impact
Incorporated
EIX. HYDROLOGY AND WATER QUALITY. Would the project:
a) Violate any water quality standards or waste discharge
requirements? X
Impact Discussion: This project is a zoning code amendment which, by itself, does not propose any new
construction. For any proposed development permitted by this amendment, a separate environmental
review would be conducted and mitigation measures as appropriate would be included. That review
would include assessment of potential impacts on water quality standards or waste discharge
requirements.
b) Substantially deplete groundwater supplies or interfere
substantially with groundwater recharge such that there would
X
be a net deficit in aquifer volume or a lowering of the local
groundwater table level (e.g., the production rate of pre-
X
existing nearby wells would drop to a level which would not
support existing land uses or planned uses for which permits
have been granted)?
Impact Discussion: This project is a zoning code amendment which, by itself, does not propose any new
construction. For any proposed development permitted by this amendment, a separate environmental
review would be conducted and mitigation measures as appropriate would be included. That review
would include assessment of any proposed excavation and its potential impacts on groundwater
supplies.
c) Substantially alter the existing drainage pattern of the site or
area, including through the alteration of the course of a stream
X
or river, in a manner which would result in substantial erosion
or siltation on- or off-site?
Impact Discussion: This project is a zoning code amendment which, by itself, does not propose any new
construction. For any proposed development permitted by this amendment, a separate environmental
review would be conducted and mitigation measures as appropriate would be included. That review
Page 12
would include assessment of the potential to substantially alter the existing drainage pattern of the site or
area, in a manner which would result in substantial erosion or siltation on- or off-site or in a manner
which would result in flooding on- or off-site.
Impact Discussion: This project is a zoning code amendment which, by itself, does not propose any new
construction. For any proposed development permitted by this amendment, a separate environmental
review would be conducted and mitigation measures as appropriate would be included. That review
would include assessment of potential impacts on existing or planned stormwater drainage systems and
the potential to create substantial additional sources of polluted runoff or otherwise substantially degrade
water quality.
e) Create or contribute runoff water which would exceed the
capacity of existing or planned stormwater drainage systems X
or provide substantial additional sources of polluted runoff?
Impact Discussion: See Response c above.
Otherwise substantially degrade water quality? X
Impact Discussion: See Response a above.
g) Place housing within a 100 -year flood hazard area as mapped
ally
on a federal Flood Hazard Boundary or Flood Insurance Rate
ant
Lessthan
No
Ma or other flood hazard delineation map?
s
Significant
Impact
h) Place within a 100 -year flood hazard area structures which
ion
Impact
X
ISSUES
ated
d) Substantially alter the existing drainage pattern of the site or
17nx
area, including through the alteration of the course of a stream
X
or river, or substantially increase the rate or amount of surface
X
runoff in a manner which would result in flooding on- or off-
site?
Impact Discussion: This project is a zoning code amendment which, by itself, does not propose any new
construction. For any proposed development permitted by this amendment, a separate environmental
review would be conducted and mitigation measures as appropriate would be included. That review
would include assessment of potential impacts on existing or planned stormwater drainage systems and
the potential to create substantial additional sources of polluted runoff or otherwise substantially degrade
water quality.
e) Create or contribute runoff water which would exceed the
capacity of existing or planned stormwater drainage systems X
or provide substantial additional sources of polluted runoff?
Impact Discussion: See Response c above.
Otherwise substantially degrade water quality? X
Impact Discussion: See Response a above.
g) Place housing within a 100 -year flood hazard area as mapped
on a federal Flood Hazard Boundary or Flood Insurance Rate
X
Ma or other flood hazard delineation map?
h) Place within a 100 -year flood hazard area structures which
X
would im ede or redirect flood flows?
I) Expose people or structures to a significant risk of loss, injury or
death involving flooding, including flooding as a result of the
X
failure of a levee or dam?
impact Discussion for g -i: The City of Diamond Bar is not subject to any major flood hazards, or
potential inundation due to nearby dam failures. Furthermore, the Federal Emergency Management
Agency's (FEMA) Flood Insurance Rate Map designated the entire City as within a Flood Zone "X".
Flood Zone "X" is identified as an area of 0.2 percent annual chance of flood. Any future projects would
not involve the placement of structures within a 100 -year flood hazard area.
Page 13
Inundation by seiche, tsunami, or mudflow? I X
Impact Discussion: The city is approximately 40 miles inland from the Pacific Ocean and there are no
large bodies of water within the vicinity of the city site that would cause inundation by seiche, tsunami, or
mudflow. Therefore no impacts would result from the construction and operation any future projects.
Potentially
X
of an agency with jurisdiction over the project (including, but to
Potentially
Sign cant
Less than
No
limited to the general plan, specific plan, local coastal
significant
Unless
Significant
Impact
ISSUES
Impact
Mitigation
Impact
avoiding or mitigating an environmental effect?
Incorporated
Inundation by seiche, tsunami, or mudflow? I X
Impact Discussion: The city is approximately 40 miles inland from the Pacific Ocean and there are no
large bodies of water within the vicinity of the city site that would cause inundation by seiche, tsunami, or
mudflow. Therefore no impacts would result from the construction and operation any future projects.
X. LAND .USE AND PLANNING. Would the project:
a Physically divide an established community? I I IX
Impact Discussion: This proposed project is a zoning code amendment. While it proposes permitting
uses such as emergency shelters in the I (Light Industry) zone by right, single -room occupancy (SRO)
units in the I (Light Industry) zone with a conditional use permit, and density bonus for affordable housing
developments in multifamily residential and commercial/industrial zoned properties of the City, by itself it
proposes no site-specific development and thus would not physically divide an established community.
For any proposed site-specific development of use permitted by this amendment, a separate
environmental review would be conducted and mitigation measures as appropriate would be included.
That review would include assessment of the potential to physically divide an established community.
b) Conflict with any applicable land use plan, policy, or regulation
Potentially
X
of an agency with jurisdiction over the project (including, but to
Potentially
Significant
Less than
No
limited to the general plan, specific plan, local coastal
signifcant
Unless
significant
Impact
ISSUES
Impact
Mitigation
Impact
avoiding or mitigating an environmental effect?
Incorporated
X. LAND .USE AND PLANNING. Would the project:
a Physically divide an established community? I I IX
Impact Discussion: This proposed project is a zoning code amendment. While it proposes permitting
uses such as emergency shelters in the I (Light Industry) zone by right, single -room occupancy (SRO)
units in the I (Light Industry) zone with a conditional use permit, and density bonus for affordable housing
developments in multifamily residential and commercial/industrial zoned properties of the City, by itself it
proposes no site-specific development and thus would not physically divide an established community.
For any proposed site-specific development of use permitted by this amendment, a separate
environmental review would be conducted and mitigation measures as appropriate would be included.
That review would include assessment of the potential to physically divide an established community.
b) Conflict with any applicable land use plan, policy, or regulation
X
of an agency with jurisdiction over the project (including, but to
limited to the general plan, specific plan, local coastal
X
program, or zoning ordinance) adopted for the purpose of
avoiding or mitigating an environmental effect?
Impact Discussion: The project is in compliance with the City's General Plan as the project is
implementing the policies and programs of the City's Housing Element.
c) Conflict with any applicable habitat conservation plan or natural
X
community conservation plan?
Impact Discussion: The city does not have any habitat conservation plan or natural community
conservation plan, and is not located near one. Therefore, the proposed project would have no impacts
to any habitat conservation plans.
Page 14
XI. MINERAL RESOURCES. Would the project:
a) Result in the loss of availability of a known mineral resource
Potentially
that would be of value to the region and the residents of the
Potentially
Significant
Less than
No
state?
Significant
Unless
Signifcant
Impact
_
mpact
Mitigation
mpact
X
ISSUES
Incorporated
XI. MINERAL RESOURCES. Would the project:
a) Result in the loss of availability of a known mineral resource
Potentially
that would be of value to the region and the residents of the
Potentially
Significant
Less than
X
state?
Significant
Unless
Significant
Impact
Impact Discussion: The city is not identified as a site with known mineral resources that would be of
value to the region and the residents of the state. Therefore, the proposed project would have no
impacts to mineral resources.
b) Result in the loss of availability of a locally -important mineral
Potentially
resource recovery site delineated on a local general plan,
Potentially
Significant
Less than
X
specific plan or other land use plan?
Significant
Unless
Significant
Impact
Impact Discussion: The proposed project will not result in the loss of availability of a locally -important
mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan,
because the site contains no known mineral resources.
XII. NOISE. Would the project result in:
Exposure of persons to or generation of noise levels in excess
Potentially
of standards established in the local general plan or noise
Potentially
Significant
Less than
No
ordinance, or licable standards of other agencies?
Significant
Unless
Significant
Impact
_
Impact
Mitigation
Impact
X
ISS U ES
Incorporated
XII. NOISE. Would the project result in:
Exposure of persons to or generation of noise levels in excess
of standards established in the local general plan or noise
X
ordinance, or licable standards of other agencies?
Exposure of persons to or generation of excessive
Fb)
X
roundborne vibration or groundborne noise levels?
A substantial permanent increase in ambient noise levels in the
X
vicinityabove levels existing without the project?
—project
d) A substantial temporary or periodic increase in ambient noise
levels in the project vicinity above levels existing without the
X
project?
Impact Discussion for a -d: This project is a zoning code amendment which, by itself, does not propose
any new construction. For any proposed development permitted by this amendment, a separate
environmental review would be conducted and mitigation measures as appropriate would be included.
That review would include assessment of potential impacts of noise, groundborne vibration, and
permanent and temporary or periodic increases in ambient noise levels in the project vicinity.
Page 15
Impact Discussion: The project area is not located within 6 miles of any public airport or within an airport
land use plan. Therefore, no impacts would occur in this regard.
a project within the vicinity of a private airstrip, would the
Ft—ora
Potentially
rf)For
project expose people residing or working in the project area
Potentially
Significant
Less than
No
excessive noise levels?
Significant
Unless
Significant
Impact
UES
Impact
Mitigation
Impact
X
construction of replacement housing elsewhere?
Incorporated
For a project located within an airport land use plan or, where
Fe)
such a plan has not been adopted, within two miles of a public
airport or public use airport, would the project expose people
X
residing or working in the project area to excessive noise
levels?
Impact Discussion: The project area is not located within 6 miles of any public airport or within an airport
land use plan. Therefore, no impacts would occur in this regard.
a project within the vicinity of a private airstrip, would the
Ft—ora
Potentially
rf)For
project expose people residing or working in the project area
Potentially
Significant
Less than
X
excessive noise levels?
Significant
Unless
Significant
Impact
Impact Discussion: The project area is not located within the vicinity of a private airstrip. Therefore, no
impacts would occur in this regard.
XIII. POPULATION AND HOUSING. Would the project:
a) Induce substantial population growth in an area, either directly
Potentially
(for example, by proposing new homes and businesses) or
Potentially
Significant
Less than
No
indirectly (for example, through extension of roads or other
Significant
Unless
Significant
Impact
ISSUES
Impact
Mitigation
Impact
X
construction of replacement housing elsewhere?
Incorporated
XIII. POPULATION AND HOUSING. Would the project:
a) Induce substantial population growth in an area, either directly
(for example, by proposing new homes and businesses) or
X
X
indirectly (for example, through extension of roads or other
Infrastructure)?
X
Impact Discussion: This proposed project is a zoning code amendment. It allows transitional and
supportive housing, subject to the same standards as any other residential use in the zone and therefore
the allowance of it is not expected to induce population growth beyond that planned for in the residential
zones. The amendment would also permit by right emergency shelters in the I (Light Industry) zone and
conditionally permit single room occupancy (SRO) developments in the I (Light Industry) zone. Given
that these zones are primarily non-residential in character, to the extent the uses allowed by this
amendment are developed, some population growth in those zones can be expected. In the context of
the city as a whole, however, such growth is not anticipated to be substantial, based on the amount of
land zoned for these uses and the locational and operational standards they are required to meet.
b) Displace substantial numbers of existing housing,
necessitating the construction of replacement housing
X
elsewhere?
c) Displace substantial numbers of people, necessitating the
X
construction of replacement housing elsewhere?
Impact Discussion for b -c: This project is a zoning code amendment which, by itself, does not propose
any new construction. For any proposed development permitted by this amendment, a separate
environmental review would be conducted and mitigation measures as appropriate would be included.
That review would include assessment of the potential to displace substantial numbers of existing
housing and people, necessitating the construction of replacement housing elsewhere.
Page 16
Potentially
Potentially Significant Less than No
Significant Unless Significant Impact
Impact Mitigation Impact
ISSUES Incorporated
XIV. PUBLIC SERVICES.
project result in substantial adverse physical
sociated with the provision of new or physically
X
vernmental facilities, need for new or physically
vernmental facilities, the construction of which could
w
ificant environmental impacts, in order to maintain
service ratios, response times or other
X
peormance objectives for any of the public services:X
i) Fire protection?
X
ii) Police protection?
X
iii) Schools?
X
X
iv) Parks?
V) Other public facilities?
Impact Discussion: This project is a zoning code amendment which, by itself, does not propose any new
construction. For any proposed development permitted by this amendment, a separate environmental
review would be conducted and mitigation measures as appropriate would be included. That review
would include assessment of potential impacts on the existing public facilities and services.
Potentially
Potentially Significant Less than No
SIgn�ctlnt Unless Significant Impact
Impact Mitigation Impact
ISSUES Incor orated
v11 oC(-DcnTnnM
d the project increase the use of existing neighborhood
regional parks or other recreational facilities such that
X
tantial physical deterioration of the facility would occur or
ccelerated?
F
the project include recreational facilities or require the
truction or expansion of recreational facilities which might
X
aves an adverse Dhvsical effect on the environment?
Impact Discussion for a -b: This project is a zoning code amendment which, by itself, does not propose
any new construction. For any proposed development permitted by this amendment, a separate
environmental review would be conducted and mitigation measures as appropriate would be included.
That review would include assessment of potential impacts on the existing public facilities and services.
The amendment would permit by right emergency shelters in the I (Light Industry) zone and conditionally
permit single room occupancy (SRO) developments in the 1 (Light Industry) zone. Given that the I zone
is primarily non-residential in character, to the extent the uses allowed by this amendment are developed,
the increased use of existing neighborhood and regional parks in this zone can be expected. In the
context of the city as a whole, however, such use is not anticipated to be substantial, based on the
amount of land zoned for these uses and the locational and operational standards they are required to
meet.
XVi. TRANSPORTATION I TRAFFIC. Would the project:
ith an applicable plan, ordinance or policy
Potentially
ing measures of effectiveness for the performance of
Potentially
Significant
Less than
No
lation system, taking into account all modes of
significant
unless
Significant
Impact
ation including mass transit and non -motorized
g
Impact
Mitigation
Impact
X
ISSUES
Incorporated
XVi. TRANSPORTATION I TRAFFIC. Would the project:
ith an applicable plan, ordinance or policy
ing measures of effectiveness for the performance of
X
lation system, taking into account all modes of
X
ation including mass transit and non -motorized
g
X
d relevant components of the circulation system,
but not limited to intersections, streets, highways
ways, pedestrian and bicycle paths, and mass
transit?
Impact Discussion: This project is a zoning code amendment which, by itself, does not propose any new
construction. For any proposed development permitted by this amendment, a separate environmental
review would be conducted and mitigation measures as appropriate would be included. That review
would include assessment of potential impacts on the existing circulation system.
b) Conflict with an applicable congestion management program,
including, but not limited to level of service standards and
X
travel demand measures, or other standards established by
X
the county congestion management agency for designated
roads or highways?
Impact Discussion: This project is a zoning code amendment which, by itself, does not propose any new
construction. For any proposed development permitted by this amendment, a separate environmental
review would be conducted and mitigation measures as appropriate would be included. That review
would include assessment of compliance with applicable congestion management programs.
c) Result in a change in air traffic patterns, including either an
increase in traffic levels or a change in location that results in
X
substantial safety risks?
Impact Discussion: The proposed project will not result in a change in air traffic patterns, including either
an increase in traffic levels or a change in location that results in substantial safety risks because there is
no airport nearby.
d) Substantially increase hazards due to a design feature (e.g.,
ncompatible
sharp curves or dangerous intersections) or incompatible'
X
uses (e g farm equipment)?
Impact Discussion: This project is a zoning code amendment which, by itself, does not proposed any
new construction. For any proposed development permitted by this amendment, a separate
environmental review would be conducted and mitigation measures as appropriate would be included.
That review would include assessment of potentially hazardous design features or incompatible uses.
e) Result in inadequate emergency access? X
Impact Discussion: This project is a zoning code amendment which, by itself, does not propose any new
construction. For any proposed development permitted by this amendment, a separate environmental
Page 18
review would be conducted and mitigation measures as appropriate would be included, so as to not result
in inadequate emergency access.
Impact Discussion: This project is a zoning code amendment which, by itself, does not propose any new
construction. The amendment is consistent with the City's General Plan, including the Circulation
Element, which contains adopted policies, plans, or programs regarding public transit, bicycle or
pedestrian facilities.
g) Conflict with adopted policies, plans, or programs regarding �—T
Potentially
X
public transit, bicycle, or pedestrian facilities, or otherwise
Potentially
significant
Less than
No
decrease the performance or safety of such facilities?
Significant
Unless
significant
Impact
Fa,Exceed
wastewater treatment facilities or expansion of existing
Impact
Mitigation
Impact
X
ISSUES
Incorporated
-
f) Result in inadequate parking supply?
I
I
I X
Impact Discussion: This project is a zoning code amendment which, by itself, does not propose any new
construction. The amendment is consistent with the City's General Plan, including the Circulation
Element, which contains adopted policies, plans, or programs regarding public transit, bicycle or
pedestrian facilities.
g) Conflict with adopted policies, plans, or programs regarding �—T
Potentially
X
public transit, bicycle, or pedestrian facilities, or otherwise
Potentially
significant
Less than
X
decrease the performance or safety of such facilities?
significant
Unless
Significant
Impact
Impact Discussion: The roadways are existing. Any future project would be constructed according to City
of Diamond Bar and County of Los Angeles requirements. Therefore significant impacts would not result
from the construction and development of a proposed project.
XVII. UTILITIES AND SERVICE SYSTEMS. would the project:
wastewater treatment requirements of the applicable
Potentially
X
Regional Water Qualit Control Board?
Potentially
significant
Less than
No
Require or result in the construction of new water or
significant
Unless
Significant
Impact
Fa,Exceed
wastewater treatment facilities or expansion of existing
Impact
Mitigation
Impact
X
ISSUES
Incorporated
-
XVII. UTILITIES AND SERVICE SYSTEMS. would the project:
wastewater treatment requirements of the applicable
X
Regional Water Qualit Control Board?
X
Require or result in the construction of new water or
Fa,Exceed
wastewater treatment facilities or expansion of existing
X
facilities, the construction of which could cause significant
environmental effects?
Impact Discussion for a -b: This project is a zoning code amendment which, by itself, does not propose
any new construction. For any proposed development permitted by this amendment, a separate
environmental review would be conducted and mitigation measures as appropriate would be included.
That review would include assessment of potential impacts on wastewater treatment facilities,
c) Require or result in the construction of new storm water
drainage facilities or expansion of existing facilities, the
X
construction of which could cause significant environmental
effects?
Impact Discussion: This project is a zoning code amendment which, by itself, does not propose any new
construction. For any proposed development permitted by this amendment, a separate environmental
review would be conducted and mitigation measures as appropriate would be included. That review
would include assessment of potential impacts on storm water drainage facilities.
Page 19
Impact Discussion: This project is a zoning code amendment which, by itself, does not propose any new
construction. For any proposed development permitted by this amendment, a separate environmental
review would be conducted and mitigation measures as appropriate would be included. That review
would include assessment of potential impacts on storm water supplies.
e) Result in a determination by the wastewater treatment provider
Potentially
X
which serves or may serve the project that it has adequate
Potentially
Significant
Less than
No
capacity to serve the project's projected demand in addition to
Significant
Unless
Significant
Impact
ISSUES
Impact
Mitigation
Impact
X
animal community, reduce the number or restrict the range of
Incorporated
d) Have sufficient water supplies available to serve the project
from existing entitlements and resources, or are new or
X
expanded entitlements needed?
Impact Discussion: This project is a zoning code amendment which, by itself, does not propose any new
construction. For any proposed development permitted by this amendment, a separate environmental
review would be conducted and mitigation measures as appropriate would be included. That review
would include assessment of potential impacts on storm water supplies.
e) Result in a determination by the wastewater treatment provider
Potentially
X
which serves or may serve the project that it has adequate
Potentially
Significant
Less than
X
capacity to serve the project's projected demand in addition to
Significant
Unless
Significant
X
the provider's existing commitments?
Impact
Mitigation
Impact
X
Impact Discussion: See Response a -b above.
f) Be served by a landfill with sufficient permitted capacity to
Potentially
X
accommodate theproject's solid waste disposal needs?
Potentially
Significant
Less than
No
g) Comply with federal, state, and local statutes and regulations
Significant
Unless
Significant
X
related to solid waste?
Impact
Mitigation
Impact
X
Impact Discussion for f -g: This project is a zoning code, amendment which, by itself, does not propose
any new construction. For any proposed development permitted by this amendment, a separate
environmental review would be conducted and mitigation measures as appropriate would be included.
That review would include assessment of potential impacts on solid waste disposal.
XVIII. MANDATORY FINDINGS OF SIGNIFICANCE.
a) Does the project have the potential to degrade the quality of
Potentially
the environment, substantially reduce the habitat of a fish or
Potentially
Significant
Less than
No
[ISSUES
Significant
Unless
Significant
Impact
below self-sustaining levels, threaten to eliminate a plant or
Impact
Mitigation
Impact
X
animal community, reduce the number or restrict the range of
Incorporated
XVIII. MANDATORY FINDINGS OF SIGNIFICANCE.
a) Does the project have the potential to degrade the quality of
the environment, substantially reduce the habitat of a fish or
wildlife species, cause a fish or wildlife population to drop
below self-sustaining levels, threaten to eliminate a plant or
X
animal community, reduce the number or restrict the range of
a rare or endangered plant or animal or eliminate important
examples of the major periods of California history or
prehistory?
Impact Discussion: This project is a zoning code amendment which, by itself, does not propose any
new construction. For any proposed development permitted by this amendment, a separate
environmental review would be conducted and mitigation measures as appropriate would be included.
That review would include assessment of potential impacts on the habitat and population of a fish or
wildlife species, a plant or animal community, rare or endangered plants or animals and important
examples of the major periods of California history or prehistory.
Page 20
Impact Discussion: Although the proposed project has the potential for impacts on population/housing
and recreational facilities, these impacts are individually limited and do not rise to the level of being
potentially significant or cumulatively considerable. None of the proposed changes would have a direct
impact on the environment, since the changes are only administrative regulations rather than actual
development. Based on the evidence in the record, there is no indication that the proposed zoning code
amendments, take together and in connection with past, current and probably future projects, will have
any cumulatively considerable effects. Therefore, it is hereby found that the proposed project impacts
would not be cumulatively considerable.
c) Does the project have environmental effects which will cause
Potentially
substantial adverse effects on human beings, either directly or
Potentially
Significant
Less than
No
indirectly?
Sign cant
Unless
Signfcant
Impact
mpact
Impact
Incorporated
pDoesproject have impacts that are individually limited, but
ively considerable? ("Cumulatively considerable"
hat the incremental effects of a project are
X
considerable when viewed in connection with the effects of past
projects, the effects of other current projects, and the effects of
probable future projects)?
Impact Discussion: Although the proposed project has the potential for impacts on population/housing
and recreational facilities, these impacts are individually limited and do not rise to the level of being
potentially significant or cumulatively considerable. None of the proposed changes would have a direct
impact on the environment, since the changes are only administrative regulations rather than actual
development. Based on the evidence in the record, there is no indication that the proposed zoning code
amendments, take together and in connection with past, current and probably future projects, will have
any cumulatively considerable effects. Therefore, it is hereby found that the proposed project impacts
would not be cumulatively considerable.
c) Does the project have environmental effects which will cause
substantial adverse effects on human beings, either directly or
X
indirectly?
Impact Discussion: Although the proposed project has the potential for impacts on population/housing,
these impacts are individually limited and do not rise to the level of being potentially significant or
substantial.
Grace S. Lee 03/28/2013
Name Date
Senior Planner
Sig Title
Page 21
SOURCES CITED IN THE EVALUATION OF ENVIRONMENTAL IMPACTS
Planning Case PL2012-513
1. General Plan of the City of Diamond Bar adopted July 25, 1995
2. General Plan of the City of Diamond Bar, Environmental Impact Report and
Addendum dated July 25, 1995
3. Municipal Code, City of Diamond Bar
4. All documents cited above are available for review at the City of Diamond Bar,
Community Development Department, 21810 Copley Drive, Diamond Bar, CA 91765.
The office hours are Monday through Thursday between 7:30 a.m. and 5:30 p.m., and
Friday between 7:30 a.m. and 4:30 p.m.
Page 22
City of Diamond Bar Zoning Map
City of Diamond Bar
Zoning
City Boundary
REC
Street Centerlines
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CITY COUNCIL
Agenda It 8 . 1
Meeting Date: June 4, 2013
AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
FROM: James DeStefano, City Man g
TITLE: ADOPT URGENCY ORDINANCE 0 OX (2013): IDENTIFYING THE TEMPORARY
RE -LOCATION OF REGULAR MEETINGS OF THE CITY COUNCIL OF THE CITY OF
DIAMOND BAR TO DIAMOND BAR CITY HALL LOCATED AT 21810 COPLEY DRIVE.
RECOMMENDATION:
Adopt.
FISCAL IMPACT:
None.
BACKGROUND/DISCUSSION:
State law requires that a public agency formally codify the time and place of the regular meetings of
its Governing Board. Ordinance No. 4A(1989), codified as Section 2.08.010 of the Diamond Bar
Municipal Code, designates regularly scheduled meetings of the City Council of the City of Diamond
Bar shall be held in the South Coast Air Quality Management District (SCAQMD) Auditorium located
at 21865 Copley Drive.
On Wednesday, May 8, 2013, City Staff was notified that the SCAQMD Auditorium will not be
available for use by the Diamond Bar City Council from July through September 2013. As a result,
the City Council will, on an interim basis during these months, hold its regularly scheduled meetings
at Diamond Bar City Hall, located at 21810 Copley Drive, Diamond Bar CA. The dates and times of
the meetings will remain the same.
The attached Urgency Ordinance, if adopted by Council, will provide public notice of the relocation of
City Council meetings on an interim basis. Upon the conclusion of the September 17, 2013 City
Council meeting the Urgency Ordinance will automatically terminate and the publicly noticed time and
place of the regular meetings of the Diamond Bar City Council will revert back to the SCAQMD
Auditorium as specified in Section 2.08.10 of the Diamond Bar Municipal Code.
�rtared by:a—&
Reviewed by
TommyeiCribbins, City Clerk David Doyle, ss . i anager
ORDINANCE NO. OX (2013)
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR IDENTIFYING THE TEMPORARY RE -LOCATION OF REGULAR MEETINGS OF
THE CITY COUNCIL OF THE CITY OF DIAMOND BAR
A. RECITALS
THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA,
HEREBY FINDS AND DETERMINES AS FOLLOWS:
1. Government Code section 54954 of the Brown Act requires the City
Council to establish the time and place for holding regular meetings by ordinance,
resolution, bylaws, or some other rule.
2. The City has established the time and place for holding regular City
Council meetings by ordinance.
3. It has come to the City's attention that the place established for the holding
of regular meetings will be unavailable due to remodeling.
4. Pursuant to Government Code section 36934 an ordinance can become
effective immediately upon introduction, provided that the City Council makes findings to
support the urgency in accordance with Government Code section 36937 and passes
the Ordinance by a four-fifths vote.
Now, Therefore, the City Council of the City of Diamond Bar does ordain as
follows:
Section 1. Pursuant to Ordinance No. 4A(1989), codified as Section
2.08.010 of the Diamond Bar Municipal Code, regularly scheduled meetings of the City
Council of the City of Diamond Bar are held at 21865 East Copley Drive which is a
facility that is owned by the South Coast Air Quality Management District ("SCAQMD").
Section 2. Due to the unavailability of the meeting location at 21865 East
Copley Drive due to work being performed on the facility by the SCAQMD, the
Diamond Bar City Council meetings scheduled for July 2, 2013, July 16, 2013, August
6, 2013, August 20, 2013, September 3, 2013 and September 17, 2013 are unable to
be held at the location set by Section 2.08.010.
Section 3. If this Ordinance is not adopted as an urgency ordinance,
pursuant to Government Code section 36934 the Ordinance would not become effective
until July 4, 2013, as such the City Council would not be able to hold its regular meeting
on July 2, 2013, and would be unable to conduct the official business of the City at its
regular time. As such, this Ordinance needs to be adopted as an urgency ordinance in
930072.1
order for the City Council to meet at its regularly scheduled meeting and conduct the
official business of the City in compliance with state law.
Section 4. Therefore, the City Council will hold its regular City Council
meetings for July 2, 2013, July 16, 2013, August 6, 2013, August 20, 2013, September
3, 2013 and September 17, 2013 in the Windmill Room located at the Diamond Bar City
Hall, at 21810 Copley Drive.
Section 5. At the conclusion of the City Council meeting of September
17, 2013, this Ordinance shall, by its own terms terminate and no longer be of any force
and effect and the location of the City Council meetings will be governed by Section
2.08.010 of the Diamond Bar Municipal Code.
Section 6. The Mayor shall sign this ordinance and the City Clerk shall
cause the same to be posted within fifteen (15) days after its passage in at least (3)
public locations in the City of Diamond Bar pursuant to Resolution No. 89-6(A).
Section 7. Since this Ordinance is effective only on an interim basis, it
shall not be codified in the Diamond Bar Municipal Code.
Jack Tanaka, Mayor
I, Tommye Cribbins, 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 day of , 2013 and was
finally passed at a regular meeting of the City Council of the City of Diamond Bar held
on day of 2013, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
Tommye A. Cribbins, City Clerk
930072.1
clT
99
VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL
TO: CITY CLERK
FROM: () t} n) y1n A j�) �n DATE:
ADDRESS: ��y�i S *� � � 1a ,z %3I�,�PHONE: TO"39., J c9
ORGANIZATION:
AGENDA#/SUBJECT:
I expect to address the Council on the subject agen2dee
' PleFAct
il Minutes
reflect my name and address as written above.
Signatu
This document is a public record subject to disclosure ublic Recor
CST
�F
VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL
TO:
FROM:
ADDRESS:
ORGANIZATION:
AGENDA#/SUBJECT:
CITY CLERK
I U_A CII I�y DATE: 6( 1 I
a 1 Rnr 6- PHONE: �f p � — 6 1—woo
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Q,34v,r 133r �jr3.�
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.
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